[Title 6 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2004 Edition]
[From the U.S. Government Printing Office]



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                    6

                         As of January 1, 2004

Homeland Security





          Containing a codification of documents of general 
          applicability and future effect
          As of January 1, 2004
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register

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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2004



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
  Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area 
                              (202) 512-1800
      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 6:
          Chapter I--Department of Homeland Security, Office 
          of the Secretary                                           3
  Finding Aids:
      Table of CFR Titles and Chapters........................      91
      Alphabetical List of Agencies Appearing in the CFR......     109
      List of CFR Sections Affected...........................     119

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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  6 CFR 5.1 refers to 
                       title 6, part 5, section 
                       1.

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

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                               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, January 1, 2004), 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.

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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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, 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). 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 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll free, 
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2250, 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.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
format at www.gpoaccess.gov/nara (``GPO Access''). For more information, 
contact Electronic Information Dissemination Services, U.S. Government 
Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-
mail, [email protected].

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    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

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

January 1, 2004.

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                               THIS TITLE

    Title 6--Homeland Security is composed of one volume. This volume 
contains chapter I--Department of Homeland Security, Office of the 
Secretary. Chapter I contains the current Freedom of Information Act, 
Privacy Act and Classified National Security Information issued by the 
Department of Homeland Security. The contents of this volume represent 
all current regulations codified under this title of the CFR as of 
January 1, 2004.

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[[Page 1]]



                       TITLE 6--HOMELAND SECURITY




  --------------------------------------------------------------------
                                                                    Part

chapter i--Department of Homeland Security, Office of the 
  Secretary.................................................           5

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   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY




  --------------------------------------------------------------------
Part                                                                Page
5               Disclosure of records and information.......           5
7               Classified national security information....          33
9               Restrictions upon lobbying..................          34
15              Enforcement of nondiscrimination on the 
                    basis of disability in programs or 
                    activities conducted by the Department 
                    of Homeland Security....................          44
17              Nondiscrimination on the basis of sex in 
                    education programs or activities 
                    receiving Federal financial assistance..          51
21              Nondiscrimination on the basis of race, 
                    color, or national origin in programs or 
                    activities receiving Federal financial 
                    assistance from the Department of 
                    Homeland Security.......................          68
25              Regulations to support anti-terrorism by 
                    fostering effective technologies........          78

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PART 5--DISCLOSURE OF RECORDS AND INFORMATION--Table of Contents




                  Subpart A--Freedom of Information Act

Sec.
5.1 General provisions.
5.2 Public reading rooms.
5.3 Requirements for making requests.
5.4 Responsibility for responding to requests.
5.5 Timing of responses to requests.
5.6 Responses to requests.
5.7 Classified information.
5.8 Business information.
5.9 Appeals.
5.10 Preservation of records.
5.11 Fees.
5.12 Other rights and services.

                         Subpart B--Privacy Act

5.20 General provisions.
5.21 Requests for access to records.
5.22 Responsibility for responding to requests for access to records.
5.23 Responses to requests for access to records.
5.24 Classified information.
5.25 Appeals.
5.26 Requests for amendment or correction of records.
5.27 Requests for an accounting of record disclosures.
5.28 Preservation of records.
5.29 Fees.
5.30 Notice of court-ordered and emergency disclosures.
5.31 Security of systems of records.
5.32 Contracts for the operation of record systems.
5.33 Use and collection of social security numbers.
5.34 Standards of conduct for administration of the Privacy Act.
5.35 Sanctions and penalties.
5.36 Other rights and services.

           Subpart C--Disclosure of Information in Litigation

5.41 Purpose and scope; definitions.
5.42 Service of summonses and complaints.
5.43 Service of subpoenas, court orders, and other demands or requests 
          for official information or action.
5.44 Testimony and production of documents prohibited unless approved by 
          appropriate Department officials.
5.45 Procedure when testimony or production of documents is sought; 
          general.
5.46 Procedure when response to demand is required prior to receiving 
          instructions.
5.47 Procedure in the event of an adverse ruling.
5.48 Considerations in determining whether the Department will comply 
          with a demand or request.
5.49 Prohibition on providing expert or opinion testimony.

Appendix A to Part 5--FOIA/Privacy Act Offices of the Department of 
          Homeland Security
Appendix B to Part 5--Public Reading Rooms of the Department of Homeland 
          Security

    Authority: Pub. L. 107-296, 116 Stat. 2135; (6 U.S.C. 101 et seq.); 
5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also 
issued under 5 U.S.C. 552a.

    Source: 68 FR 4056, Jan. 27, 2003, unless otherwise noted.



                  Subpart A--Freedom of Information Act



Sec. 5.1  General provisions.

    (a)(1) This subpart A contains the rules that the Department of 
Homeland Security (Department) follows in processing requests for 
records under the Freedom of Information Act (FOIA) (5 U.S.C. 552). 
These rules should be read together with the FOIA, which provides 
additional information about access to records maintained by the 
Department. Requests made by individuals for records about themselves 
under the Privacy Act of 1974 (5 U.S.C. 552a), which are processed under 
subpart B of this part, are processed under this subpart also. 
Information routinely provided to the public as part of a regular 
Department activity (for example, press releases issued by the Assistant 
Secretary for Public Affairs may be provided to the public without 
following this subpart).
    (2) The provisions established by this subpart shall apply to all 
Department components that are transferred to the Department. Except to 
the extent a Department component has adopted separate guidance under 
FOIA, the provisions of this subpart shall apply to each component of 
the Department. Departmental components may issue their own guidance 
under this subpart pursuant to approval by the Department.
    (b) As used in this subpart, component means each separate bureau, 
office, board, division, commission, service, or administration of the 
Department.

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Sec. 5.2  Public reading rooms.

    (a) Records that are required to be maintained by the Department in 
a public reading room will be made available electronically at 
www.dhs.gov/foia. Each Department component will be responsible for 
determining which of the records it generates are required to be made 
available and to make those records available either in its own reading 
room or in the Department's central reading room. Each component shall 
maintain and make available for public inspection and copying a current 
subject-matter index of its reading room records. Each index shall be 
updated regularly, at least quarterly, with respect to newly included 
records.
    (b) The Department components maintain public reading rooms or areas 
at the locations listed below:
    (1) Animal and Plant Health Inspection Service Library, 4700 River 
Road, Riverdale, MD 20737-1232;
    (2) Plum Island Animal Disease Center, the APHIS address above or, 
USDA-ARS, 5601 Sunnyside Avenue, Building 1, Room 2248, Beltsville, MD 
20705-5128;
    (3) Critical Infrastructure Assurance Office (A former office of the 
Bureau of Industry and Security) does not maintain a conventional public 
reading room. Records that are required to be in the public reading room 
are available electronically at http://www.bis.doc.gov/FOIA/Default.htm;
    (4) FIRESTAT (formerly the Integrated Hazard Information System of 
the National Oceanic and Atmospheric Administration), NOAA Public 
Reference Facility, 1305 East-West Highway (SSMC4), Room 8627, Silver 
Spring, MD 20910;
    (5) National Communication Service (a former component of the 
Defense Information Systems Agency) does not maintain a conventional 
public reading room. Records that are required to be in the public 
reading room are available electronically at http://disa.mil/gc/foia/
foia.html;
    (6) The address for each component and program listed below is: U.S. 
Department of Energy; 1000 Independence Avenue, SW., Washington, DC 
20585:
    (i) Energy Assurance Office;
    (ii) Environmental Measurements Laboratory;
    (iii) Nuclear Incident Response Team;
    (iv) The chemical and biological national security and supporting 
programs and activities of the non-proliferation and verification 
research and development program;
    (v) The life sciences activities related to microbial pathogens of 
Biological and Environmental Research Program;
    (vi) The nuclear smuggling programs and activities within the 
proliferation detection program of the non-proliferation and 
verification research and development program;
    (vii) The nuclear assessment program and activities of the 
assessment, detection, and cooperation program of the international 
materials protection and cooperation program, and the advanced 
scientific computing research program and activities at Lawrence 
Livermore National Laboratory; and
    (viii) The National Infrastructure Simulation and Analysis Center;
    (7) The address for each component and program listed below is: 
Freedom of Information Act Officer at: Department of Health and Human 
Services, Freedom of Information Officer, Room 645-F, Hubert H. Humphrey 
Building, Independence Avenue, SW., Washington, DC 20201:
    (i) Metropolitan Medical Response System;
    (ii) National Disaster Medical System;
    (8) Office of Emergency Preparedness please contact the Strategic 
National Stockpile Centers for Disease Control and Agency for Toxic 
Substances and Disease Registry, 1600 Clifton Road, NE., Room 4103, 
Building 1, Atlanta, GA 30333;
    (9) Immigration and Naturalization Service, 111 Massachusetts 
Avenue, NW., 2nd Floor, ULLICO Building, Washington, DC 20536;
    (10) For the National Infrastructure Protection Center, the National 
Domestic Preparedness Office, and the Domestic Emergency Support Team: 
Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., 
Department of Justice, Washington, DC 20535-0001;
    (11) Office of Domestic Preparedness, U.S. Department of Justice, 
Office of

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Justice Programs, 810 7th Street, NW., Room 5430, Washington, DC 20531;
    (12) Visa Office, Department of State, 2201 C Street, NW., 
Washington, DC 20520;
    (13) Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591;
    (14) Transportation Security Administration, 400 Seventh Street, 
SW., Washington, DC 20590;
    (15) United States Coast Guard Headquarters, 2100 Second Street, 
SW., Washington, DC 20593-0001 (for district offices, consult your phone 
book);
    (16) The Federal Law Enforcement Training Center does not maintain a 
conventional public reading room. Records that are required to be in the 
public reading room are available electronically at http://
www.fletc.gov/irm/foia/readingroom.htm;
    (17) U.S. Customs Service, Freedom of Information Request, 1300 
Pennsylvania Avenue, NW., Mint Annex, Washington, DC 20229-0001 (for a 
list of field office reading room locations please consult 19 CFR 
103.1);
    (18) U.S. Secret Service, Main Treasury, Freedom of Information 
Request, 950 H Street, NW., Suite 3000, Washington, DC;
    (19) Federal Emergency Management Agency, Federal Center Plaza, 500 
C Street, SW., Room 840, Washington, DC 20472 (for regional offices, 
consult your phone book);
    (20) For the Federal Computer Incident Response Center and the 
Federal Protective Service: Central Office, GSA Headquarters, 1800 F 
Street, NW (CAI), Washington, DC 20405 (for regional offices, consult 
the phone book);
    (c) Components shall also make reading room records created by the 
Department on or after November 1, 1996, available electronically via 
the component web-site. This includes each component's index of its 
reading room records, which will indicate which records are available 
electronically.



Sec. 5.3  Requirements for making requests.

    (a) How made and addressed. You may make a request for records of 
the Department by writing directly to the Department component that 
maintains those records. For additional information about the FOIA, you 
may refer directly to the statute. If you are making a request for 
records about yourself, see Sec. 5.21(d) for additional requirements. If 
you are making a request for records about another individual, either a 
written authorization signed by that individual permitting disclosure of 
those records to you or proof that that individual is deceased (for 
example, a copy of a death certificate or an obituary) must be 
submitted. Your request should be sent to the component's FOIA office at 
the address listed in appendix A to part 5. In most cases, your FOIA 
request should be sent to a component's central FOIA office. (The 
functions of each component are summarized elsewhere in this title and 
in the description of the Department and its components in the ``United 
States Government Manual,'' which is issued annually and is available in 
most libraries, as well as for sale from the Government Printing 
Office's Superintendent of Documents. This manual also can be accessed 
electronically at the Government Printing Office's World Wide Web site 
(which can be found at http://www.access.gpo.gov/su--docs).) If you 
cannot determine where within the Department to send your request, you 
may send it to the Departmental Disclosure Officer, Department of 
Homeland Security, Washington, DC 20528. That office will forward your 
request to the component(s) it believes most likely to have the records 
that you want. Your request will be considered received as of the date 
it is received by the proper component's FOIA office. For the quickest 
possible handling, you should mark both your request letter and the 
envelope ``Freedom of Information Act Request.''
    (b) Description of records sought. You must describe the records 
that you seek in enough detail to enable Department personnel to locate 
them with a reasonable amount of effort. Whenever possible, your request 
should include specific information about each record sought, such as 
the date, title or name, author, recipient, and subject matter of the 
record. If known, you should include any file designations or 
descriptions for the records that you want. As a general rule, the more 
specific you

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are about the records or type of records that you want, the more likely 
the Department will be able to locate those records in response to your 
request. If a component determines that your request does not reasonably 
describe records, it shall tell you either what additional information 
is needed or why your request is otherwise insufficient. The component 
also shall give you an opportunity to discuss your request so that you 
may modify it to meet the requirements of this section. If your request 
does not reasonably describe the records you seek, the agency's response 
to your request may be delayed.
    (c) Agreement to pay fees. If you make a FOIA request, it shall be 
considered a firm commitment by you to pay all applicable fees charged 
under Sec. 5.11 up to $ 25.00, unless you seek a waiver of fees. In 
making your FOIA request, please indicate whether you are willing to pay 
for the request or desire a waiver. The component responsible for 
responding to your request ordinarily will confirm this commitment in an 
acknowledgement letter. When making a request, you may specify a 
willingness to pay a greater or lesser amount. If you are seeking a 
waiver of fees you must provide a justification for your fee waiver 
request in accordance with the requirements of Sec. 5.11(k). If your 
request for a fee waiver is denied, the component will notify you of 
that decision and will request an agreement from you to pay fees up to 
$25, or a greater or lesser amount specified by you. Your request shall 
not be considered received and further work shall not be done on it 
until you agree to pay fees. If you do not provide a firm commitment to 
pay the anticipated fee within the time period specified by the 
component, the request will be administratively closed.



Sec. 5.4  Responsibility for responding to requests.

    (a) In general. Except as stated in paragraphs (c), (d), and (e) of 
this section, the component that first receives a request for a record 
and has possession of that record is the component responsible for 
responding to the request. In determining which records are responsive 
to a request, a component ordinarily will include only records in its 
possession as of the date the component begins its search for them. If 
any other date is used, the component shall inform the requester of that 
date.
    (b) Authority to grant or deny requests. The head of a component, or 
the component head's designee, is authorized to grant or deny any 
request for a record of that component.
    (c) Consultations and referrals. When a component receives a request 
for a record in its possession, it shall determine whether another 
component, or another agency of the Federal Government, is better able 
to determine whether the record is exempt from disclosure under the FOIA 
and, if so, whether it should be disclosed as a matter of administrative 
discretion. If the receiving component determines that it is best able 
to process the record in response to the request, then it shall do so. 
If the receiving component determines that it is not best able to 
process the record, then it shall either:
    (1) Respond to the request regarding that record, after consulting 
with the component or agency best able to determine whether to disclose 
it and with any other component or agency that has a substantial 
interest in it; or
    (2) Refer the responsibility for responding to the request regarding 
that record to the component best able to determine whether to disclose 
it, or to another agency that originated the record (but only if that 
agency is subject to the FOIA). Ordinarily, the component or agency that 
originated a record will be presumed to be best able to determine 
whether to disclose it.
    (d) Law enforcement information. Whenever a request is made for a 
record containing information that relates to an investigation of a 
possible violation of law and was originated by another component or 
agency, the receiving component shall either refer the responsibility 
for responding to the request regarding that information to that other 
component or agency or consult with that other component or agency.
    (e) Classified information. Whenever a request is made for a record 
containing information that has been classified, or may be appropriate 
for classification,

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by another component or agency under Executive Order 12958 or any other 
executive order concerning the classification of records, the receiving 
component shall refer the responsibility for responding to the request 
regarding that information to the component or agency that classified 
the information, or which should consider the information for 
classification, or which has the primary interest in it, as appropriate. 
Whenever a record contains information that has been derivatively 
classified by a component because it contains information classified by 
another component or agency, the component shall refer the 
responsibility for responding to the request regarding that information 
to the component or agency that classified the underlying information.
    (f) Notice of referral. Whenever a component refers all or any part 
of the responsibility for responding to a request to another component 
or agency, it ordinarily shall notify the requester of the referral and 
inform the requester of the name of each component or agency to which 
the request has been referred and of the part of the request that has 
been referred.
    (g) Timing of responses to consultations and referrals. All 
consultations and referrals will be handled according to the date the 
FOIA request initially was received by the first component or agency, 
not any later date.
    (h) Agreements regarding consultations and referrals. Components may 
make agreements with other components or agencies to eliminate the need 
for consultations or referrals for particular types of records.



Sec. 5.5  Timing of responses to requests.

    (a) In general. Components ordinarily shall respond to requests 
according to their order of receipt.
    (b) Multitrack processing. (1) A component may use two or more 
processing tracks by distinguishing between simple and more complex 
requests based on the amount of work and/or time needed to process the 
request, including through limits based on the number of pages involved. 
If a component does so, it shall advise requesters in its slower 
track(s) of the limits of its faster track(s).
    (2) A component using multitrack processing may provide requesters 
in its slower track(s) with an opportunity to limit the scope of their 
requests in order to qualify for faster processing within the specified 
limits of the component's faster track(s). A component doing so will 
contact the requester either by telephone or by letter, whichever is 
more efficient in each case.
    (c) Unusual circumstances. (1) Where the statutory time limits for 
processing a request cannot be met because of ``unusual circumstances,'' 
as defined in the FOIA, and the component determines to extend the time 
limits on that basis, the component shall as soon as practicable notify 
the requester in writing of the unusual circumstances and of the date by 
which processing of the request can be expected to be completed. Where 
the extension is for more than ten working days, the component shall 
provide the requester with an opportunity either to modify the request 
so that it may be processed within the time limits or to arrange an 
alternative time period with the component for processing the request or 
a modified request.
    (2) Where a component reasonably believes that multiple requests 
submitted by a requester, or by a group of requesters acting in concert, 
constitute a single request that would otherwise involve unusual 
circumstances, and the requests involve clearly related matters, they 
may be aggregated. Multiple requests involving unrelated matters will 
not be aggregated.
    (d) Expedited processing. (1) Requests and appeals will be taken out 
of order and given expedited treatment whenever it is determined that 
they involve:
    (i) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (ii) An urgency to inform the public about an actual or alleged 
federal government activity, if made by a person primarily engaged in 
disseminating information.
    (2) A request for expedited processing may be made at the time of 
the initial request for records or at any later

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time. A request for expedited processing must be submitted to the 
component that maintains the record requested. Requests based on the 
categories in paragraphs (d)(1)(i), (ii), and (iii) of this section must 
be submitted to the component that maintains the records requested.
    (3) A requester who seeks expedited processing must submit a 
statement, certified to be true and correct to the best of that person's 
knowledge and belief, explaining in detail the basis for requesting 
expedited processing. For example, a requester within the category in 
paragraph (d)(1)(ii) of this section, if not a full-time member of the 
news media, must establish that he or she is a person whose main 
professional activity or occupation is information dissemination, though 
it need not be his or her sole occupation. A requester within the 
category in paragraph (d)(1)(ii) of this section also must establish a 
particular urgency to inform the public about the government activity 
involved in the request, beyond the public's right to know about 
government activity generally. The formality of certification may be 
waived as a matter of administrative discretion.
    (4) Within ten calendar days of its receipt of a request for 
expedited processing, the proper component shall decide whether to grant 
it and shall notify the requester of the decision. If a request for 
expedited treatment is granted, the request shall be given priority and 
shall be processed as soon as practicable. If a request for expedited 
processing is denied, any appeal of that decision shall be acted on 
expeditiously.



Sec. 5.6  Responses to requests.

    (a) Acknowledgements of requests. On receipt of a request, a 
component ordinarily shall send an acknowledgement letter to the 
requester which shall confirm the requester's agreement to pay fees 
under Sec. 5.3(c) and provide an assigned request number for further 
reference.
    (b) Grants of requests. Ordinarily, a component shall have twenty 
business days from when a request is received to determine whether to 
grant or deny the request. Once a component makes a determination to 
grant a request in whole or in part, it shall notify the requester in 
writing. The component shall inform the requester in the notice of any 
fee charged under Sec. 5.11 and shall disclose records to the requester 
promptly on payment of any applicable fee. Records disclosed in part 
shall be marked or annotated to show the amount of information deleted 
unless doing so would harm an interest protected by an applicable 
exemption. The location of the information deleted also shall be 
indicated on the record, if technically feasible.
    (c) Adverse determinations of requests. A component making an 
adverse determination denying a request in any respect shall notify the 
requester of that determination in writing. Adverse determinations, or 
denials of requests, consist of: A determination to withhold any 
requested record in whole or in part; a determination that a requested 
record does not exist or cannot be located; a determination that a 
record is not readily reproducible in the form or format sought by the 
requester; a determination that what has been requested is not a record 
subject to the FOIA; a determination on any disputed fee matter, 
including a denial of a request for a fee waiver; and a denial of a 
request for expedited processing. The denial letter shall be signed by 
the head of the component, or the component head's designee, and shall 
include:
    (1) The name and title or position of the person responsible for the 
denial;
    (2) A brief statement of the reason(s) for the denial, including any 
FOIA exemption applied by the component in denying the request;
    (3) An estimate of the volume of records or information withheld, in 
number of pages or in some other reasonable form of estimation. This 
estimate does not need to be provided if the volume is otherwise 
indicated through deletions on records disclosed in part, or if 
providing an estimate would harm an interest protected by an applicable 
exemption; and
    (4) A statement that the denial may be appealed under Sec. 5.9(a) 
and a description of the requirements of Sec. 5.9(a).



Sec. 5.7  Classified information.

    In processing a request for information that is classified under 
Executive

[[Page 11]]

Order 12958 (3 CFR, 1996 Comp., p. 333) or any other executive order, 
the originating component shall review the information to determine 
whether it should remain classified. Information determined to no longer 
require classification shall not be withheld on the basis of Exemption 1 
of the FOIA. On receipt of any appeal involving classified information, 
the Associate General Counsel (General Law) shall take appropriate 
action to ensure compliance with Part 7 of this title.



Sec. 5.8  Business information.

    (a) In general. Business information obtained by the Department from 
a submitter will be disclosed under the FOIA, if otherwise allowable, 
only under this section.
    (b) Definitions. For purposes of this section:
    (1) Business information means commercial or financial information 
obtained by the Department from a submitter that may be protected from 
disclosure under Exemption 4 of the FOIA.
    (2) Submitter means any person or entity from whom the Department 
obtains business information, directly or indirectly. The term includes, 
but is not limited to, corporations; state, local, and tribal 
governments; and foreign governments.
    (c) Designation of business information. A submitter of business 
information will use good-faith efforts to designate, by appropriate 
markings, either at the time of submission or at a reasonable time 
thereafter, any portions of its submission that it considers to be 
protected from disclosure under Exemption 4. These designations will 
expire ten years after the date of the submission unless the submitter 
requests, and provides justification for, a longer designation period.
    (d) Notice to submitters. A component shall provide a submitter with 
prompt written notice of a FOIA request or administrative appeal that 
seeks its business information wherever required under paragraph (e) of 
this section, except as provided in paragraph (h) of this section, in 
order to give the submitter an opportunity to object to disclosure of 
any specified portion of that information under paragraph (f) of this 
section. The notice shall either describe the business information 
requested or include copies of the requested records or record portions 
containing the information. When notification of a voluminous number of 
submitters is required, notification may be made by posting or 
publishing the notice in a place reasonably likely to accomplish it.
    (e) Where notice is required. Notice shall be given to a submitter 
wherever:
    (1) The information has been designated in good faith by the 
submitter as information considered protected from disclosure under 
Exemption 4; or
    (2) The component has reason to believe that the information may be 
protected from disclosure under Exemption 4.
    (f) Opportunity to object to disclosure. A component will allow a 
submitter a reasonable time to respond to the notice described in 
paragraph (d) of this section and will specify that time period within 
the notice. If a submitter has any objection to disclosure, it is 
required to submit a detailed written statement. The statement must 
specify all grounds for withholding any portion of the information under 
any exemption of the FOIA and, in the case of Exemption 4, it must show 
why the information is a trade secret or commercial or financial 
information that is privileged or confidential. In the event that a 
submitter fails to respond to the notice within the time specified in 
it, the submitter will be considered to have no objection to disclosure 
of the information. Information provided by the submitter that is not 
received by the component until after its disclosure decision has been 
made shall not be considered by the component. Information provided by a 
submitter under this paragraph may itself be subject to disclosure under 
the FOIA.
    (g) Notice of intent to disclose. A component shall consider a 
submitter's objections and specific grounds for nondisclosure in 
deciding whether to disclose business information. Whenever a component 
decides to disclose business information over the objection of a 
submitter, the component shall give the submitter written notice, which 
shall include:

[[Page 12]]

    (1) A statement of the reason(s) why each of the submitter's 
disclosure objections was not sustained;
    (2) A description of the business information to be disclosed; and
    (3) A specified disclosure date, which shall be a reasonable time 
subsequent to the notice.
    (h) Exceptions to notice requirements. The notice requirements of 
paragraphs (d) and (g) of this section shall not apply if:
    (1) The component determines that the information should not be 
disclosed pursuant to exemption four and/or any other exemption of the 
FOIA;
    (2) The information lawfully has been published or has been 
officially made available to the public;
    (3) Disclosure of the information is required by statute (other than 
the FOIA) or by a regulation issued in accordance with the requirements 
of Executive Order 12600 (3 CFR, 1988 Comp., p. 235); or
    (4) The designation made by the submitter under paragraph (c) of 
this section appears obviously frivolous, except that in such a case the 
component shall, within a reasonable time prior to a specified 
disclosure date, give the submitter written notice of any final decision 
to disclose the information.
    (i) Notice of FOIA lawsuit. Whenever a requester files a lawsuit 
seeking to compel the disclosure of business information, the component 
shall promptly notify the submitter.
    (j) Corresponding notice to requesters. Whenever a component 
provides a submitter with notice and an opportunity to object to 
disclosure under paragraph (d) of this section, the component shall also 
notify the requester(s). Whenever a component notifies a submitter of 
its intent to disclose requested information under paragraph (g) of this 
section, the component shall also notify the requester(s). Whenever a 
submitter files a lawsuit seeking to prevent the disclosure of business 
information, the component shall notify the requester(s).



Sec. 5.9  Appeals.

    (a) Appeals of adverse determinations. (1) If you are dissatisfied 
with a component's response to your request, you may appeal an adverse 
determination denying your request, in any respect, to the Associate 
General Counsel (General Law), Department of Homeland Security, 
Washington, DC 20528. You must make your appeal in writing and it must 
be received by the Associate General Counsel (General Law) within 60 
days of the date of the letter denying your request. Your appeal letter 
may include as much or as little related information as you wish, as 
long as it clearly identifies the component determination (including the 
assigned request number, if known) that you are appealing. For the 
quickest possible handling, you should mark your appeal letter and the 
envelope ``Freedom of Information Act Appeal.''
    (2) An adverse determination by the Associate General Counsel 
(General Law) will be the final action of the Department; and
    (3) An appeal ordinarily will not be acted on if the request becomes 
a matter of FOIA litigation.
    (b) Responses to appeals. The decision on your appeal will be made 
in writing. A decision affirming an adverse determination in whole or in 
part shall contain a statement of the reason(s) for the affirmance, 
including any FOIA exemption(s) applied, and will inform you of the FOIA 
provisions for court review of the decision. If the adverse 
determination is reversed or modified on appeal, in whole or in part, 
you will be notified in a written decision and your request will be 
reprocessed in accordance with that appeal decision.
    (c) When appeal is required. If you wish to seek review by a court 
of any adverse determination, you must first appeal it under this 
section.



Sec. 5.10  Preservation of records.

    Each component shall preserve all correspondence pertaining to the 
requests that it receives under this subpart, as well as copies of all 
requested records, until disposition or destruction is authorized by 
title 44 of the United States Code or the National Archives and Records 
Administration's General Records Schedule 14. Records will not be 
disposed of while they are the subject of a pending request, appeal, or 
lawsuit under the FOIA.

[[Page 13]]



Sec. 5.11  Fees.

    (a) In general. Components shall charge for processing requests 
under the FOIA in accordance with paragraph (c) of this section, except 
where fees are limited under paragraph (d) of this section or where a 
waiver or reduction of fees is granted under paragraph (k) of this 
section. A component ordinarily shall collect all applicable fees before 
sending copies of requested records to a requester. Requesters must pay 
fees by check or money order made payable to the Treasury of the United 
States.
    (b) Definitions. For purposes of this section:
    (1) Commercial use request means a request from or on behalf of a 
person who seeks information for a use or purpose that furthers his or 
her commercial, trade, or profit interests, which can include furthering 
those interests through litigation. Components shall determine, whenever 
reasonably possible, the use to which a requester will put the requested 
records. When it appears that the requester will put the records to a 
commercial use, either because of the nature of the request itself or 
because a component has reasonable cause to doubt a requester's stated 
use, the component shall provide the requester a reasonable opportunity 
to submit further clarification.
    (2) Direct costs means those expenses that an agency actually incurs 
in searching for and duplicating (and, in the case of commercial use 
requests, reviewing) records to respond to a FOIA request. Direct costs 
include, for example, the salary of the employee performing the work 
(the basic rate of pay for the employee, plus 16 percent of that rate to 
cover benefits) and the cost of operating duplication machinery. Not 
included in direct costs are overhead expenses such as the costs of 
space and heating or lighting of the facility in which the records are 
kept.
    (3) Duplication means the making of a copy of a record, or of the 
information contained in it, necessary to respond to a FOIA request. 
Copies can take the form of paper, microform, audiovisual materials, or 
electronic records (for example, magnetic tape or disk), among others. 
Components shall honor a requester's specified preference of form or 
format of disclosure if the record is readily reproducible with 
reasonable efforts in the requested form or format by the office 
responding to the request.
    (4) Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate higher 
education, an institution of graduate higher education, an institution 
of professional education, or an institution of vocational education, 
that operates a program of scholarly research. To be in this category, a 
requester must show that the request is authorized by and is made under 
the auspices of a qualifying institution and that the records are not 
sought for a commercial use but are sought to further scholarly 
research.
    (5) Noncommercial scientific institution means an institution that 
is not operated on a ``commercial'' basis, as that term is defined in 
paragraph (b)(1) 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. To be in this 
category, a requester must show that the request is authorized by and is 
made under the auspices of a qualifying institution and that the records 
are not sought for a commercial use but are sought to further scientific 
research.
    (6) Representative of the news media, or news media requester, means 
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 where they can 
qualify as disseminators of ``news'') who make their products available 
for purchase or subscription by the general public. For ``freelance'' 
journalists to be regarded as working for a news organization, they must 
demonstrate a solid basis for expecting publication through that 
organization. A publication contract would be the clearest proof, but 
components shall also look to the past publication record of a requester 
in making

[[Page 14]]

this determination. To be in this category, a requester must not be 
seeking the requested records for a commercial use. However, a request 
for records supporting the news-dissemination function of the requester 
shall not be considered to be for a commercial use.
    (7) Review means the examination of a record located in response to 
a request in order to determine whether any portion of it is exempt from 
disclosure. It also includes processing any record for disclosure (for 
example, doing all that is necessary to redact it and prepare it for 
disclosure). Review costs are recoverable even if a record ultimately is 
not disclosed. Review time includes time spent considering any formal 
objection to disclosure made by a business submitter under Sec. 5.8, but 
does not include time spent resolving general legal or policy issues 
regarding the application of exemptions.
    (8) Search means the process of looking for and retrieving records 
or information responsive to a request. It includes page-by-page or 
line-by-line identification of information within records and also 
includes reasonable efforts to locate and retrieve information from 
records maintained in electronic form or format. Components shall ensure 
that searches are done in the most efficient and least expensive manner 
reasonably possible. For example, components shall not search line-by-
line where duplicating an entire document would be quicker and less 
expensive.
    (c) Fees. In responding to FOIA requests, components shall charge 
the following fees unless a waiver or reduction of fees has been granted 
under paragraph (k) of this section:
    (1) Search. (i) Search fees shall be charged for all requests other 
than requests made by educational institutions, noncommercial scientific 
institutions, or representatives of the news media, subject to the 
limitations of paragraph (d) of this section. Components may charge for 
time spent searching even if they do not locate any responsive record or 
if they withhold the record(s) located as entirely exempt from 
disclosure.
    (ii) Fees for search time are assessed by the hourly wage of the 
personnel filling the request. These fees are subject to change. 
Currently, for each quarter hour spent by clerical personnel in 
searching for and retrieving a requested record, the fee will be $4.00. 
Where a search and retrieval cannot be performed entirely by clerical 
personnel (for example, where the identification of records within the 
scope of a request requires the use of professional personnel) the fee 
will be $7.00 for each quarter hour of search time spent by professional 
personnel. Where the time of managerial personnel is required, the fee 
will be $10.25 for each quarter hour of time spent by those personnel.
    (iii) For computer searches of records, requesters will be charged 
the direct costs of conducting the search, although certain requesters 
(as provided in paragraph (d)(1) of this section) will be charged no 
search fee and certain other requesters (as provided in paragraph (d)(3) 
of this section) will be entitled to the cost equivalent of two hours of 
manual search time without charge. These direct costs will include the 
cost of operating a central processing unit for that portion of 
operating time that is directly attributable to searching for responsive 
records, as well as the costs of operator/programmer salary 
apportionable to the search.
    (iv) For requests requiring the retrieval of records from any 
Federal Records Center, certain additional costs may be incurred in 
accordance with the Transactional Billing Rate Schedule established by 
the National Archives and Records Administration, effective October 1, 
2002.
    (2) Duplication. Duplication fees will be charged to all requesters, 
subject to the limitations of paragraph (d) of this section. For a paper 
photocopy of a record (no more than one copy of which need be supplied), 
the fee will be ten cents per page. For copies produced by computer, 
such as tapes or printouts, components will charge the direct costs, 
including operator time, of producing the copy. For other forms of 
duplication, components will charge the direct costs of that 
duplication.
    (3) Review. Review fees will be charged to requesters who make a 
commercial use request. Review fees will be charged only for the initial 
record

[[Page 15]]

review (the review done when a component determines whether an exemption 
applies to a particular record or record portion at the initial request 
level). No charge will be made for review at the administrative appeal 
level for an exemption already applied. However, records or record 
portions withheld under an exemption that is subsequently determined not 
to apply may be reviewed again to determine whether any other exemption 
not previously considered applies; the costs of that review are 
chargeable where it is made necessary by such a change of circumstances. 
Review fees will be charged at the same rates as those charged for a 
search under paragraph (c)(1)(ii) of this section.
    (d) Restrictions on charging fees. (1) No search fee will be charged 
for requests by educational institutions, noncommercial scientific 
institutions, or representatives of the news media.
    (2) No search fee or review fee will be charged for a quarter-hour 
period unless more than half of that period is required for search or 
review.
    (3) Except for requesters seeking records for a commercial use, 
components will provide without charge:
    (i) The first 100 pages of duplication (or the cost equivalent); and
    (ii) The first two hours of search (or the cost equivalent).
    (4) No fee will be charged whenever a total fee calculated under 
paragraph (c) of this section is less than the agency's cost to process 
the check. Currently, whenever a total fee calculated under paragraph 
(c) of this section is $14.00 or less for any request, no fee will be 
charged.
    (5) The provisions of paragraphs (d) (3) and (d)(4) of this section 
work together. This means that for requesters other than those seeking 
records for a commercial use, no fee will be charged unless the cost of 
search in excess of two hours plus the cost of duplication in excess of 
100 pages totals more than $14.00.
    (e) Notice of anticipated fees in excess of $25.00. When a component 
determines or estimates that the fees to be charged under this section 
will amount to more than $25.00, the component shall notify the 
requester of the actual or estimated amount of the fees, unless the 
requester has indicated a willingness to pay fees as high as those 
anticipated. If only a portion of the fee can be estimated readily, the 
component shall advise the requester that the estimated fee may be only 
a portion of the total fee. In cases in which a requester has been 
notified that actual or estimated fees amount to more than $25.00, the 
request shall not be considered received and further work shall not be 
done on it until the requester makes a firm commitment to pay the 
anticipated total fee. Any such agreement should be memorialized by the 
requester in writing and must be received by the component within a time 
period specified by the component in its notice to the requester. If the 
requester does not provide a firm commitment to pay the anticipated fee 
within the time period specified by the component, the request will be 
administratively closed. A notice under this paragraph will offer the 
requester an opportunity to discuss the matter with Department personnel 
in order to reformulate the request to meet the requester's needs at a 
lower cost.
    (f) Charges for other services. Apart from the other provisions of 
this section, when a component chooses as a matter of administrative 
discretion to provide a special service (such as certifying that records 
are true copies or sending them by other than ordinary mail) the direct 
costs of providing the service ordinarily will be charged.
    (g) Charging interest. Components may charge interest on any unpaid 
bill starting on the 31st day following the date of billing the 
requester. Interest charges will be assessed at the rate provided in 31 
U.S.C. 3717 and will accrue from the date of the billing until payment 
is received by the component. Components will follow the provisions of 
the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), as 
amended, and its administrative procedures, including the use of 
consumer reporting agencies, collection agencies, and offset.
    (h) Aggregating requests. Where a component reasonably believes that 
a requester or a group of requesters acting together is attempting to 
divide a request into a series of requests for the

[[Page 16]]

purpose of avoiding fees, the component may aggregate those requests and 
charge accordingly. Components may presume that multiple requests of 
this type made within a 30-day period have been made in order to avoid 
fees. Where requests are separated by a longer period, components will 
aggregate them only where there exists a solid basis for determining 
that aggregation is warranted under all the circumstances involved. 
Multiple requests involving unrelated matters will not be aggregated.
    (i) Advance payments. (1) For requests other than those described in 
paragraphs (i)(2) and (3) of this section, a component shall not require 
the requester to make a advance payment before work is begun or 
continued on a request. Payment owed for work already completed (such as 
a prepayment before copies are sent to a requester) is not an advance 
payment.
    (2) Where a component determines or estimates that a total fee to be 
charged under this section will be more than $250.00, it may require the 
requester to make an advance payment of an amount up to the amount of 
the entire anticipated fee before beginning to process the request, 
except where it receives a satisfactory assurance of full payment from a 
requester that has a history of prompt payment.
    (3) Where a requester has previously failed to pay a properly 
charged FOIA fee to any component or agency within 30 days of the date 
of billing, a component may require the requester to pay the full amount 
due, plus any applicable interest, and to make an advance payment of the 
full amount of any anticipated fee, before the component begins to 
process a new request or continues to process a pending request from 
that requester.
    (4) In cases in which a component requires advance payment, the 
request shall not be considered received and further work will not be 
done on it until the required payment is received.
    (j) Other statutes specifically providing for fees. The fee schedule 
of this section does not apply to fees charged under any statute that 
specifically requires an agency to set and collect fees for particular 
types of records. Where records responsive to requests are maintained 
for distribution by agencies operating such statutorily based fee 
schedule programs, components will inform requesters of the steps for 
obtaining records from those sources so that they may do so most 
economically.
    (k) Requirements for waiver or reduction of fees. (1) Records 
responsive to a request will be furnished without charge or at a charge 
reduced below that established under paragraph (c) of this section where 
a component determines, based on all available information, that the 
requester has demonstrated that:
    (i) Disclosure of the requested 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
    (ii) Disclosure of the information is not primarily in the 
commercial interest of the requester.
    (2) To determine whether the first fee waiver requirement is met, 
components will consider the following factors:
    (i) The subject of the request: Whether the subject of the requested 
records concerns ``the operations or activities of the government.'' The 
subject of the requested records must concern identifiable operations or 
activities of the federal government, with a connection that is direct 
and clear, not remote or attenuated.
    (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. The disclosable portions of the 
requested records must be meaningfully informative about government 
operations or activities in order to be ``likely to contribute'' to an 
increased public understanding of those operations or activities. The 
disclosure of information that already is in the public domain, in 
either a duplicative or a substantially identical form, would not be as 
likely to contribute to such understanding where nothing new would be 
added to the public's understanding.
    (iii) The contribution to an understanding of the subject by the 
public likely to result from disclosure: Whether disclosure of the 
requested information will contribute to ``public

[[Page 17]]

understanding.'' The disclosure must contribute to the understanding of 
a reasonably broad audience of persons interested in the subject, as 
opposed to the individual understanding of the requester. A requester's 
expertise in the subject area and ability and intention to effectively 
convey information to the public shall be considered. It shall be 
presumed that a representative of the news media will satisfy this 
consideration.
    (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. The 
public's understanding of the subject in question, as compared to the 
level of public understanding existing prior to the disclosure, must be 
enhanced by the disclosure to a significant extent. Components shall not 
make value judgments about whether information that would contribute 
significantly to public understanding of the operations or activities of 
the government is ``important'' enough to be made public.
    (3) To determine whether the second fee waiver requirement is met, 
components will consider the following 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. Components shall consider any commercial interest 
of the requester (with reference to the definition of ``commercial use'' 
in paragraph (b)(1) of this section), or of any person on whose behalf 
the requester may be acting, that would be furthered by the requested 
disclosure. Requesters shall be given an opportunity in the 
administrative process to provide explanatory information regarding this 
consideration.
    (ii) The primary interest in disclosure: Whether any 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.'' A fee waiver 
or reduction is justified where the public interest standard is 
satisfied and that public interest is greater in magnitude than that of 
any identified commercial interest in disclosure. Components ordinarily 
shall presume that where a news media requester has satisfied the public 
interest standard, the public interest will be the interest primarily 
served by disclosure to that requester. Disclosure to data brokers or 
others who merely compile and market government information for direct 
economic return shall not be presumed to primarily serve the public 
interest.
    (4) Where only some of the records to be released satisfy the 
requirements for a waiver of fees, a waiver shall be granted for those 
records.
    (5) Requests for the waiver or reduction of fees should address the 
factors listed in paragraphs (k)(2) and (3) of this section, insofar as 
they apply to each request. Components will exercise their discretion to 
consider the cost-effectiveness of their investment of administrative 
resources in this decisionmaking process, however, in deciding to grant 
waivers or reductions of fees.
    (l) Payment of outstanding fees. The Department shall not process a 
FOIA request from persons with an unpaid fee from any previous FOIA 
request to any Federal agency until that outstanding fee has been paid 
in full to the agency.



Sec. 5.12  Other rights and services.

    Nothing in this subpart shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the FOIA.



                         Subpart B--Privacy Act



Sec. 5.20  General provisions.

    (a) Purpose and scope. (1) This subpart contains the rules that the 
Department of Homeland Security (Department) follows under the Privacy 
Act of 1974 (5 U.S.C. 552a). These rules should be read together with 
the Privacy Act, which provides additional information about records 
maintained on individuals. The rules in this subpart apply to all

[[Page 18]]

records in systems of records maintained by the Department that are 
retrieved by an individual's name or personal identifier. They describe 
the procedures by which individuals may request access to records about 
themselves, request amendment or correction of those records, and 
request an accounting of disclosures of those by the Department. In 
addition, the Department processes all Privacy Act requests for access 
to records under the Freedom of Information Act (FOIA) ( 5 U.S.C. 552), 
following the rules contained in subpart A of this part, which gives 
requests the benefit of both statutes.
    (2) The provisions established by this subpart shall apply to all 
Department components that are transferred to the Department. Except to 
the extent a Department component has adopted separate guidance under 
the Privacy Act, the provisions of this subpart shall apply to each 
component of the Department. Departmental components may issue their own 
guidance under this subpart pursuant to approval by the Department.
    (b) Definitions. As used in this subpart:
    (1) Component means each separate bureau, office, board, division, 
commission, service, or administration of the Department.
    (2) Request for access to a record means a request made under 
Privacy Act subsection (d)(1).
    (3) Request for amendment or correction of a record means a request 
made under Privacy Act subsection (d)(2).
    (4) Request for an accounting means a request made under Privacy Act 
subsection (c)(3).
    (5) Requester means an individual who makes a request for access, a 
request for amendment or correction, or a request for an accounting 
under the Privacy Act.
    (c) Authority to request records for a law enforcement purpose. The 
head of a component or designee thereof is authorized to make written 
requests under subsection (b)(7) of the Privacy Act for records 
maintained by other agencies that are necessary to carry out an 
authorized law enforcement activity.
    (d) Notice on Departmental use of (b)(1) exemption. As a general 
matter, when applying the (b)(1) exemption for disclosures within an 
agency on a need to know basis, the Department will consider itself a 
single entity, meaning that information may be disclosed between 
components of the Department under the (b)(1) exemption.
    (e) Interim Retention of Authorities. As an interim solution, all 
agencies and components under the Department will retain the necessary 
authority from their original purpose in order to conduct these 
necessary activities. This includes the authority to maintain Privacy 
Act systems of records, disseminate information pursuant to existing or 
new routine uses, and retention of exemption authorities under sections 
(j) and (k) of the Privacy Act, where applicable. This retention of an 
agency or component's authorities and information practices will remain 
in effect until this regulation is promulgated as a final rule, or the 
Department revises all systems of records notices. This retention of 
authority is necessary to allow components to fulfill their mission and 
purpose during the transition period of the establishment of the 
Department. During this transition period, the Department shall evaluate 
with the components the existing authorities and information practices 
and determine what revisions (if any) are appropriate and should be made 
to these existing authorities and practices. The Department anticipates 
that such revisions will be made either through the issuance of a 
revised system of records notices or through subsequent final 
regulations.



Sec. 5.21  Requests for access to records.

    (a) How made and addressed. You may make a request for access to a 
Department of Homeland Security record about yourself by appearing in 
person or by writing directly to the Department component that maintains 
the record. Your request should be sent or delivered to the component's 
Privacy Act office at the address listed in appendix A to this part. In 
most cases, a component's central Privacy Act office is the place to 
send a Privacy Act request. For records held by a field office

[[Page 19]]

of the U.S. Customs Service, U.S. Secret Service, U.S. Coast Guard, or 
any other Department component with field offices, however, you must 
write directly to that Customs, Secret Service, Coast Guard, or other 
field office address, which can be found in most telephone books or by 
calling the component's central Privacy Act office. (The functions of 
each component are summarized elsewhere in this title and in the 
description of the Department and its components in the ``United States 
Government Manual,'' which is issued annually and is available in most 
libraries, as well as for sale from the Government Printing Office's 
Superintendent of Documents. This manual also can be accessed 
electronically at the Government Printing Office's World Wide Web site 
(which can be found at http://www.access.gpo.gov/su--docs). Some records 
are maintained under a government-wide systems of records notice, for 
example, Official Personnel Files are maintained under the authority of 
the Office of Personnel Management. In order to access records 
maintained under a government-wide notice, please send your request to 
the Privacy Act office of the original department or agency from which 
the component was transferred to the Department. If you cannot determine 
where within the Department to send your request, you may send it to the 
Departmental Disclosure Officer, Department of Homeland Security, 
Washington, DC 20528, and that office will forward it to the 
component(s) it believes most likely to have the records that you seek. 
For the quickest possible handling, you should mark both your request 
letter and the envelope ``Privacy Act Request.''
    (b) Description of records sought. You must describe the records 
that you want in enough detail to enable Department personnel to locate 
the system of records containing them with a reasonable amount of 
effort. Whenever possible, your request should describe the records 
sought, the time periods in which you believe they were compiled, and 
the name or identifying number of each system of records in which you 
believe they are kept. The Department publishes notices in the Federal 
Register that describe its components' systems of records. A description 
of the Department's systems of records also may be found as part of the 
``Privacy Act Compilation'' published by the National Archives and 
Records Administration's Office of the Federal Register. This 
compilation is available in most large reference and university 
libraries. This compilation also can be accessed electronically at the 
Government Printing Office's World Wide Web site (which can be found at 
http://www.access.gpo.gov/su--docs).
    (c) Agreement to pay fees. If you make a Privacy Act request for 
access to records, it shall be considered an agreement by you to pay all 
applicable fees charged under Sec. 5.29, up to $25.00. The component 
responsible for responding to your request ordinarily shall confirm this 
agreement in an acknowledgement letter. When making a request, you may 
specify a willingness to pay a greater or lesser amount.
    (d) Verification of identity. When you make a request for access to 
records about yourself, you must verify your identity. You must state 
your full name, current address, and date and place of birth. You must 
sign your request and your signature must either be notarized or 
submitted by you under 28 U.S.C. 1746, a law that permits statements to 
be made under penalty of perjury as a substitute for notarization. While 
no specific form is required, you may obtain forms for this purpose from 
the Departmental Disclosure Officer, Department of Homeland Security, 
Washington, DC 20528. In order to help the identification and location 
of requested records, you may also, at your option, include your social 
security number.
    (e) Verification of guardianship. When making a request as the 
parent or guardian of a minor or as the guardian of someone determined 
by a court to be incompetent, for access to records about that 
individual, you must establish:
    (1) The identity of the individual who is the subject of the record, 
by stating the name, current address, date and place of birth, and, at 
your option, the social security number of the individual;
    (2) Your own identity, as required in paragraph (d) of this section;

[[Page 20]]

    (3) That you are the parent or guardian of that individual, which 
you may prove by providing a copy of the individual's birth certificate 
showing your parentage or by providing a court order establishing your 
guardianship; and
    (4) That you are acting on behalf of that individual in making the 
request.
    (f) Verification in the case of third party information requests. If 
you are making a request for records concerning an individual on behalf 
of that individual, you must provide a statement from the individual 
verifying the identity of the individual as provided in paragraph (d) of 
this section. You must also provide a statement from the individual 
certifying the individual's agreement that records concerning the 
individual may be released to you.



Sec. 5.22  Responsibility for responding to requests for access to records.

    (a) In general. Except as stated in paragraphs (c), (d), and (e) of 
this section, the component that first receives a request for access to 
a record, and has possession of that record, is the component 
responsible for responding to the request. In determining which records 
are responsive to a request, a component ordinarily shall include only 
those records in its possession as of the date the component begins its 
search for them. If any other date is used, the component shall inform 
the requester of that date.
    (b) Authority to grant or deny requests. The head of a component, or 
the component head's designee, is authorized to grant or deny any 
request for access or amendment to a record of that component.
    (c) Consultations and referrals. When a component receives a request 
for access to a record in its possession, it shall determine whether 
another component, or another agency of the Federal Government, is 
better able to determine whether the record is exempt from access under 
the Privacy Act. If the receiving component determines that it is best 
able to process the record in response to the request, then it shall do 
so. If the receiving component determines that it is not best able to 
process the record, then it shall either:
    (1) Respond to the request regarding that record, after consulting 
with the component or agency best able to determine whether the record 
is exempt from access and with any other component or agency that has a 
substantial interest in it; or
    (2) Refer the responsibility for responding to the request regarding 
that record to the component best able to determine whether it is exempt 
from access, or to another agency that originated the record (but only 
if that agency is subject to the Privacy Act). Ordinarily, the component 
or agency that originated a record will be presumed to be best able to 
determine whether it is exempt from access.
    (d) Law enforcement information. Whenever a request is made for 
access to a record containing information that relates to an 
investigation of a possible violation of law and that was originated by 
another component or agency, the receiving component shall either refer 
the responsibility for responding to the request regarding that 
information to that other component or agency or shall consult with that 
other component or agency.
    (e) Classified information. Whenever a request is made for access to 
a record containing information that has been classified by or may be 
appropriate for classification by another component or agency under 
Executive Order 12958 or any other executive order concerning the 
classification of records, the receiving component shall refer the 
responsibility for responding to the request regarding that information 
to the component or agency that classified the information, should 
consider the information for classification, or has the primary interest 
in it, as appropriate. Whenever a record contains information that has 
been derivatively classified by a component because it contains 
information classified by another component or agency, the component 
shall refer the responsibility for responding to the request regarding 
that information to the component or agency that classified the 
underlying information.
    (f) Release of Medical Records. Pursuant to 5 U.S.C. 552a(f)(3), 
where requests are made for access to medical records, including 
psychological

[[Page 21]]

records, the decision to release directly to the individual, or to 
withhold direct release, shall be made by a medical practitioner. Where 
the medical practitioner has ruled that direct release will cause harm 
to the individual who is requesting access, normal release through the 
individual's chosen medical practitioner will be recommended. Final 
review and decision on appeals of disapprovals of direct release will 
rest with the General Counsel.
    (g) Notice of referral. Whenever a component refers all or any part 
of the responsibility for responding to a request to another component 
or agency, it ordinarily shall notify the requester of the referral and 
inform the requester of the name of each component or agency to which 
the request has been referred and of the part of the request that has 
been referred.
    (h) Timing of responses to consultations and referrals. All 
consultations and referrals shall be handled according to the date the 
Privacy Act access request was initially received by the first component 
or agency, not any later date.
    (i) Agreements regarding consultations and referrals. Components may 
make agreements with other components or agencies to eliminate the need 
for consultations or referrals for particular types of records.



Sec. 5.23  Responses to requests for access to records.

    (a) Acknowledgements of requests. On receipt of a request, a 
component ordinarily shall send an acknowledgement letter to the 
requester which shall confirm the requester's agreement to pay fees 
under Sec. 5.21(c) and provide an assigned request number for further 
reference.
    (b) Grants of requests for access. Once a component makes a 
determination to grant a request for access in whole or in part, it 
shall notify the requester in writing. The component shall inform the 
requester in the notice of any fee charged under Sec. 5.29 and shall 
disclose records to the requester promptly on payment of any applicable 
fee. If a request is made in person, the component may disclose records 
to the requester directly, in a manner not unreasonably disruptive of 
its operations, on payment of any applicable fee and with a written 
record made of the grant of the request. If a requester is accompanied 
by another person, the requester shall be required to authorize in 
writing any discussion of the records in the presence of the other 
person.
    (c) Adverse determinations of requests for access. A component 
making an adverse determination denying a request for access in any 
respect shall notify the requester of that determination in writing. 
Adverse determinations, or denials of requests, consist of: a 
determination to withhold any requested record in whole or in part; a 
determination that a requested record does not exist or cannot be 
located; a determination that what has been requested is not a record 
subject to the Privacy Act; a determination on any disputed fee matter; 
and a denial of a request for expedited treatment. The notification 
letter shall be signed by the head of the component, or the component 
head's designee, and shall include:
    (1) The name and title or position of the person responsible for the 
denial;
    (2) A brief statement of the reason(s) for the denial, including any 
Privacy Act exemption(s) applied by the component in denying the 
request; and
    (3) A statement that the denial may be appealed under Sec. 5.25(a) 
and a description of the requirements of Sec. 5.25(a).



Sec. 5.24  Classified information.

    In processing a request for access to a record containing 
information that is classified under Executive Order 12958 or any other 
executive order, the originating component shall review the information 
to determine whether it should remain classified. Information determined 
to no longer require classification shall not be withheld from a 
requester on the basis of Exemption (k)(1) of the Privacy Act. On 
receipt of any appeal involving classified information, the Associate 
General Counsel (General Law), shall take appropriate action to ensure 
compliance with Part 7 of this title.



Sec. 5.25  Appeals.

    (a) Appeals. If you are dissatisfied with a component's response to 
your request for access to records, you may

[[Page 22]]

appeal an adverse determination denying your request in any respect to 
the Associate General Counsel (General Law), Department of Homeland 
Security, Washington, DC 20528. You must make your appeal in writing and 
it must be received by the Associate General Counsel (General Law) 
within 60 days of the date of the letter denying your request. Your 
appeal letter may include as much or as little related information as 
you wish, as long as it clearly identifies the component determination 
(including the assigned request number, if known) that you are 
appealing. For the quickest possible handling, you should mark both your 
appeal letter and the envelope ``Privacy Act Appeal.''
    (b) Responses to appeals. The decision on your appeal will be made 
in writing. A decision affirming an adverse determination in whole or in 
part will include a brief statement of the reason(s) for the affirmance, 
including any Privacy Act exemption applied, and will inform you of the 
Privacy Act provisions for court review of the decision. If the adverse 
determination is reversed or modified on appeal in whole or in part, you 
will be notified in a written decision and your request will be 
reprocessed in accordance with that appeal decision. An adverse 
determination by the Associate General Counsel (General Law) will be the 
final action of the Department.
    (c) When appeal is required. If you wish to seek review by a court 
of any adverse determination or denial of a request, you must first 
appeal it under this section. An appeal will not be acted on if the 
request becomes a matter of litigation.



Sec. 5.26  Requests for amendment or correction of records.

    (a) How made and addressed. Unless the record is not subject to 
amendment or correction as stated in paragraph (f) of this section, you 
may make a request for amendment or correction of a record of the 
Department about you by writing directly to the Department component 
that maintains the record, following the procedures in Sec. 5.21. Your 
request should identify each particular record in question, state the 
amendment or correction that you want, and state why you believe that 
the record is not accurate, relevant, timely, or complete. You may 
submit any documentation that you think would be helpful. If you believe 
that the same record is in more than one system of records, you should 
state that and address your request to each component that maintains a 
system of records containing the record.
    (b) Component responses. Within ten working days of receiving your 
request for amendment or correction of records, a component shall send 
you a written acknowledgment of its receipt of your request, and it 
shall promptly notify you whether your request is granted or denied. If 
the component grants your request in whole or in part, it shall describe 
the amendment or correction made and shall advise you of your right to 
obtain a copy of the corrected or amended record, in disclosable form. 
If the component denies your request in whole or in part, it shall send 
you a letter signed by the head of the component, or the component 
head's designee, that shall state:
    (1) The reason(s) for the denial; and
    (2) The procedure for appeal of the denial under paragraph (c) of 
this section, including the name and business address of the official 
who will act on your appeal.
    (c) Appeals. You may appeal a denial of a request for amendment or 
correction to the Associate General Counsel (General Law) in the same 
manner as a denial of a request for access to records (see Sec. 5.25) 
and the same procedures shall be followed. If your appeal is denied, you 
shall be advised of your right to file a Statement of Disagreement as 
described in paragraph (d) of this section and of your right under the 
Privacy Act for court review of the decision.
    (d) Statements of Disagreement. If your appeal under this section is 
denied in whole or in part, you have the right to file a Statement of 
Disagreement that states your reason(s) for disagreeing with the 
Department's denial of your request for amendment or correction. 
Statements of Disagreement must be concise, must clearly identify each 
part of any record that is disputed, and should be no longer than one 
typed page for each fact disputed. Your

[[Page 23]]

Statement of Disagreement must be sent to the component involved, which 
shall place it in the system of records in which the disputed record is 
maintained and shall mark the disputed record to indicate that a 
Statement of Disagreement has been filed and where in the system of 
records it may be found.
    (e) Notification of amendment/correction or disagreement. Within 30 
working days of the amendment or correction of a record, the component 
that maintains the record shall notify all persons, organizations, or 
agencies to which it previously disclosed the record, if an accounting 
of that disclosure was made, that the record has been amended or 
corrected. If an individual has filed a Statement of Disagreement, the 
component shall append a copy of it to the disputed record whenever the 
record is disclosed and may also append a concise statement of its 
reason(s) for denying the request to amend or correct the record.
    (f) Records not subject to amendment or correction. The following 
records are not subject to amendment or correction:
    (1) Transcripts of testimony given under oath or written statements 
made under oath;
    (2) Transcripts of grand jury proceedings, judicial proceedings, or 
quasi-judicial proceedings, which are the official record of those 
proceedings;
    (3) Presentence records that originated with the courts; and
    (4) Records in systems of records that have been exempted from 
amendment and correction under Privacy Act (5 U.S.C. 552a(j) or (k)) by 
notice published in the Federal Register.



Sec. 5.27  Requests for an accounting of record disclosures.

    (a) How made and addressed. Except where accountings of disclosures 
are not required to be kept (as stated in paragraph (b) of this 
section), you may make a request for an accounting of any disclosure 
that has been made by the Department to another person, organization, or 
agency of any record about you. This accounting contains the date, 
nature, and purpose of each disclosure, as well as the name and address 
of the person, organization, or agency to which the disclosure was made. 
Your request for an accounting should identify each particular record in 
question and should be made by writing directly to the Department 
component that maintains the record, following the procedures in Sec. 
5.21.
    (b) Where accountings are not required. Components are not required 
to provide accountings to you where they relate to:
    (1) Disclosures for which accountings are not required to be kept, 
such as disclosures that are made to employees within the agency and 
disclosures that are made under the FOIA;
    (2) Disclosures made to law enforcement agencies for authorized law 
enforcement activities in response to written requests from those law 
enforcement agencies specifying the law enforcement activities for which 
the disclosures are sought; or
    (3) Disclosures made from law enforcement systems of records that 
have been exempted from accounting requirements.
    (c) Appeals. You may appeal a denial of a request for an accounting 
to the Associate General Counsel (General Law) in the same manner as a 
denial of a request for access to records (see Sec. 5.25) and the same 
procedures will be followed.



Sec. 5.28  Preservation of records.

    Each component will preserve all correspondence pertaining to the 
requests that it receives under this subpart, as well as copies of all 
requested records, until disposition or destruction is authorized by 
title 44 of the United States Code or the National Archives and Records 
Administration's General Records Schedule 14. Records will not be 
disposed of while they are the subject of a pending request, appeal, or 
lawsuit under the Act.



Sec. 5.29  Fees.

    (a) Components shall charge fees for duplication of records under 
the Privacy Act in the same way in which they charge duplication fees 
under Sec. 5.11.
    (b) The Department shall not process a request under the Privacy Act 
from persons with an unpaid fee from any previous Privacy Act request to 
any

[[Page 24]]

Federal agency until that outstanding fee has been paid in full to the 
agency.



Sec. 5.30  Notice of court-ordered and emergency disclosures.

    (a) Court-ordered disclosures. When a record pertaining to an 
individual is required to be disclosed by a court order, the component 
shall make reasonable efforts to provide notice of this to the 
individual. Notice shall be given within a reasonable time after the 
component's receipt of the order, except that in a case in which the 
order is not a matter of public record, the notice shall be given only 
after the order becomes public. This notice shall be mailed to the 
individual's last known address and shall contain a copy of the order 
and a description of the information disclosed. Notice shall not be 
given if disclosure is made from a criminal law enforcement system of 
records that has been exempted from the notice requirement.
    (b) Emergency disclosures. Upon disclosing a record pertaining to an 
individual made under compelling circumstances affecting health or 
safety, the component shall notify that individual of the disclosure. 
This notice shall be mailed to the individual's last known address and 
shall state the nature of the information disclosed; the person, 
organization, or agency to which it was disclosed; the date of 
disclosure; and the compelling circumstances justifying the disclosure.



Sec. 5.31  Security of systems of records.

    (a) In general. Each component shall establish administrative and 
physical controls to prevent unauthorized access to its systems of 
records, to prevent unauthorized disclosure of records, and to prevent 
physical damage to or destruction of records. The stringency of these 
controls shall correspond to the sensitivity of the records that the 
controls protect. At a minimum, each component's administrative and 
physical controls shall ensure that:
    (1) Records are protected from public view;
    (2) The area in which records are kept is supervised during business 
hours to prevent unauthorized persons from having access to them;
    (3) Records are inaccessible to unauthorized persons outside of 
business hours; and
    (4) Records are not disclosed to unauthorized persons or under 
unauthorized circumstances in either oral or written form.
    (b) Procedures required. Each component shall have procedures that 
restrict access to records to only those individuals within the 
Department who must have access to those records in order to perform 
their duties and that prevent inadvertent disclosure of records.



Sec. 5.32  Contracts for the operation of record systems.

    Under 5 U.S.C. 552a(m), any approved contract for the operation of a 
record system will contain the standard contract requirements issued by 
the General Services Administration to ensure compliance with the 
requirements of the Privacy Act for that record system. The contracting 
component will be responsible for ensuring that the contractor complies 
with these contract requirements.



Sec. 5.33  Use and collection of social security numbers.

    Each component shall ensure that employees authorized to collect 
information are aware:
    (a) That individuals may not be denied any right, benefit, or 
privilege as a result of refusing to provide their social security 
numbers, unless the collection is authorized either by a statute or by a 
regulation issued prior to 1975; and
    (b) That individuals requested to provide their social security 
numbers must be informed of:
    (1) Whether providing social security numbers is mandatory or 
voluntary;
    (2) Any statutory or regulatory authority that authorizes the 
collection of social security numbers; and
    (3) The uses that will be made of the numbers.



Sec. 5.34  Standards of conduct for administration of the Privacy Act.

    Each component will inform its employees of the provisions of the 
Privacy Act, including the Act's civil liability and criminal penalty 
provisions. Unless

[[Page 25]]

otherwise permitted by law, the Department shall:
    (a) Collect from individuals only the information that is relevant 
and necessary to discharge the responsibilities of the Department;
    (b) Collect information about an individual directly from that 
individual whenever practicable and when the information may result in 
adverse determinations about an individual's rights, benefits, and 
privileges under federal programs;
    (c) Inform each individual from whom information is collected of:
    (1) The legal authority to collect the information and whether 
providing it is mandatory or voluntary;
    (2) The principal purpose for which the Department intends to use 
the information;
    (3) The routine uses the Department may make of the information; and
    (4) The effects on the individual, if any, of not providing the 
information;
    (d) Ensure that the component maintains no system of records without 
public notice and that it notifies appropriate Department officials of 
the existence or development of any system of records that is not the 
subject of a current or planned public notice;
    (e) Maintain all records that are used by the Department in making 
any determination about an individual with such accuracy, relevance, 
timeliness, and completeness as is reasonably necessary to ensure 
fairness to the individual in the determination;
    (f) Except as to disclosures made to an agency or made under the 
FOIA, make reasonable efforts, prior to disseminating any record about 
an individual, to ensure that the record is accurate, relevant, timely, 
and complete;
    (g) Maintain no record describing how an individual exercises his or 
her First Amendment rights, unless it is expressly authorized by statute 
or by the individual about whom the record is maintained, or is 
pertinent to and within the scope of an authorized law enforcement 
activity;
    (h) When required by the Privacy Act, maintain an accounting in the 
specified form of all disclosures of records by the Department to 
persons, organizations, or agencies;
    (i) Maintain and use records with care to prevent the unauthorized 
or inadvertent disclosure of a record to anyone.



Sec. 5.35  Sanctions and penalties.

    Under the provisions of the Privacy Act, 5 U.S.C. 552a, civil and 
criminal penalties may be assessed.



Sec. 5.36  Other rights and services.

    Nothing in this subpart shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the Privacy Act.



           Subpart C--Disclosure of Information in Litigation

    Source: 68 FR 4070, Jan. 27, 2003, unless otherwise noted.



Sec. 5.41  Purpose and scope; definitions.

    (a) This subpart C sets forth the procedures to be followed with 
respect to:
    (1) Service of summonses and complaints or other requests or demands 
directed to the Department of Homeland Security (Department) or to any 
Department employee or former employee in connection with federal or 
state litigation arising out of or involving the performance of official 
activities of the Department; 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 or administrative authority as well as state legislative 
authorities (collectively, ``demands''), whether civil or criminal in 
nature, or in response to requests for depositions, affidavits, 
admissions, responses to interrogatories, document production, 
interviews, or other litigation-related matters, including 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 Department, any information 
relating to material contained in the files of the Department, or any 
information acquired while the subject of the demand or request is or 
was employed by the Department, or served as Secretary of

[[Page 26]]

the Department, as part of the performance of that person's duties or by 
virtue of that person's official status.
    (b) The provisions established by this subpart shall apply to all 
Department components that are transferred to the Department. Except to 
the extent a Department component has adopted separate guidance 
governing the subject matter of a provision of this subpart, the 
provisions of this subpart shall apply to each component of the 
Department. Departmental components may issue their own guidance under 
this subpart subject to the approval of the General Counsel of the 
Department.
    (c) For purposes of this subpart, and except as the Department may 
otherwise determine in a particular case, the term employee includes all 
former Secretaries of Homeland Security and all employees of the 
Department of Homeland Security or other federal agencies who are or 
were appointed by, or subject to the supervision, jurisdiction, or 
control of the Secretary of Homeland Security, whether residing or 
working in the United States or abroad, including United States 
nationals, foreign nationals, and contractors. The procedures 
established within this subpart also apply to former employees of the 
Department where specifically noted.
    (d) For purposes of this subpart, 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 (including the Board of Appellate 
Review), grand juries, or other judicial or quasi-judicial bodies or 
tribunals, whether criminal, civil, or administrative in nature. This 
subpart 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 subpart shall not apply 
to any claims against the Department by Department of Homeland Security 
employees (present or former), or applicants for Department 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 the Department and a labor organization representing 
Department employees; or their successor agencies or entities.
    (e) For purposes of this subpart, official information means all 
information of any kind, however stored, that is in the custody and 
control of the Department, relates to information in the custody and 
control of the Department, or was acquired by Department employees, or 
former employees, as part of their official duties or because of their 
official status within the Department while such individuals were 
employed by or served on behalf of the Department.
    (f) Nothing in this subpart 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 on national security information (3 
CFR, 1995 Comp., p. 333), the Government in the Sunshine Act, 5 U.S.C. 
552b, the Department's implementing regulations or pursuant to 
congressional subpoena. Nothing in this subpart permits disclosure of 
information by the Department, its present and former employees, or the 
Secretary, that is protected or prohibited by statute or other 
applicable law.
    (g) This subpart is intended only to inform the public about 
Department 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 the Department or the 
United States.
    (h) Nothing in this subpart affects the rules and procedures, under 
applicable U.S. law and international conventions, governing diplomatic 
and consular immunity.
    (i) Nothing in this subpart 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,

[[Page 27]]

officers, and employees, or litigation in which the United States has an 
interest; or to federal, state, local, or foreign prosecuting and law 
enforcement authorities in conjunction with criminal law enforcement 
investigations, prosecutions, or other proceedings, e.g., extradition, 
deportation.



Sec. 5.42  Service of summonses and complaints.

    (a) Only the Office of the General Counsel is authorized to receive 
and accept on behalf of the Department summonses or complaints sought to 
be served upon the Department, the Secretary, or Department employees. 
All such documents should be delivered or addressed to the Office of the 
General Counsel, United States Department of Homeland Security, 
Washington, DC, 20258. The authorization for receipt shall in no way 
affect the requirements of service elsewhere provided in applicable 
rules and regulations.
    (b) In the event any summons or complaint described in Sec. 5.41(a) 
is delivered to an employee of the Department other than in the manner 
specified in this part, the recipient thereof shall decline to accept 
the proffered service and may notify the person attempting to make 
service of the Departmental regulations set forth herein.
    (c) Except as otherwise provided Sec.Sec. 5.42(d) and 5.43(c), the 
Department is not an authorized agent for service of process with 
respect to civil litigation against Department employees purely in their 
personal, non-official capacity. Copies of summonses or complaints 
directed to Department employees in connection with legal proceedings 
arising out of the performance of official duties may, however, be 
served upon the Office of the General Counsel.
    (d) Although the Department is not an agent for the service of 
process upon its employees with respect to purely personal, non-official 
litigation, the Department recognizes that its employees should not use 
their official positions to evade their personal obligations and will, 
therefore, counsel and encourage Department employees to accept service 
of process in appropriate cases.
    (e) Documents for which the Office of the General Counsel 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 
applicable laws or rules.



Sec. 5.43  Service of subpoenas, court orders, and other demands or requests for official information or action.

    (a) Except in cases in which the Department is represented by legal 
counsel who have entered an appearance or otherwise given notice of 
their representation, only the Office of the General Counsel is 
authorized to receive and accept subpoenas, or other demands or requests 
directed to the Secretary, the Department, or any component thereof, or 
its employees, whether civil or criminal in nature, for:
    (1) Material, including documents, contained in the files of the 
Department;
    (2) Information, including testimony, affidavits, declarations, 
admissions, responses to interrogatories, or informal statements, 
relating to material contained in the files of the Department or which 
any Department employee acquired in the course and scope of the 
performance of his official duties;
    (3) Garnishment or attachment of compensation of current or former 
employees; or
    (4) The performance or non-performance of any official Department 
duty.
    (b) In the event that any subpoena, demand, or request is sought to 
be delivered to a Department employee other than in the manner 
prescribed in paragraph (a) of this section, such employee shall, after 
consultation with the Office of the General Counsel, decline service and 
direct the server of process to the Departmental regulations. If the 
subpoena, demand, or other request is nonetheless delivered to the 
employee, the employee shall immediately forward a copy of that document 
to the Office of the General Counsel.
    (c) Except as otherwise provided in this subpart, the Department is 
not an

[[Page 28]]

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 
Department employee to whom such demand or request is directed.
    (d) Acceptance of such documents by the Office of the General 
Counsel 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.
    (e) Copies of any subpoenas, show cause orders, or similar 
compulsory process of federal or state courts, or requests from private 
individuals or attorneys, directed to former employees of the Department 
in connection with legal proceedings arising out of the performance of 
official duties shall also be served upon the Office of the General 
Counsel. The Department shall not, however, serve as an agent for 
service for the former employee, nor is the Department otherwise 
authorized to accept service on behalf of its former employees. If the 
demand involves their official duties, former employees who receive 
subpoenas, show cause orders, or similar compulsory process of federal 
or state courts should also notify in the component of the Department in 
which they were employed if the service involves their official duties 
while so employed.
    (f) If the subpoena, demand, or other request is nonetheless 
delivered to the employee, the employee shall immediately forward a copy 
of that document to the Office of the General Counsel.



Sec. 5.44  Testimony and production of documents prohibited unless approved by appropriate Department officials.

    (a) No employee, or former employee, of the Department shall, in 
response to a demand or request, including in connection with any 
litigation, provide oral or written testimony by deposition, 
declaration, affidavit, or otherwise concerning any information acquired 
while such person is or was an employee of the Department 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 the Office of 
the General Counsel, or as authorized in Sec. 5.44(b).
    (b) No employee, or former employee, shall, in response to a demand 
or request, including in connection with any litigation, produce any 
document or any 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 the Office of the General Counsel or the 
delegates thereof, as appropriate.



Sec. 5.45  Procedure when testimony or production of documents is sought; general.

    (a) If official 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 provide a description using the types of 
identifying information suggested in Sec. 5.3(b). Subject to Sec. 5.47, 
Department employees may only produce, disclose, release, comment upon, 
or testify concerning those matters which were specified in writing and 
properly approved by the appropriate Department official designated in 
Sec. 5.44. See United States ex rel. Touhy v. Ragen, 340 U.S. 462 
(1951). The Office of the General Counsel may waive the requirement of 
this subsection in appropriate circumstances.
    (b) To the extent it deems necessary or appropriate, the Department 
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.

[[Page 29]]

    (c) The appropriate Department official designated in Sec. 5.42 will 
notify the Department employee and such other persons as circumstances 
may warrant of its 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 Department 
employees in appropriate cases.



Sec. 5.46  Procedure when response to demand is required prior to receiving instructions.

    (a) If a response to a demand is required before the appropriate 
Department official designated in Sec. 5.44 renders a decision, the 
Department, if necessary, will request that the Department of Justice or 
the appropriate Department attorney take appropriate steps to stay, 
postpone, or obtain relief from the demand pending decision. If 
necessary, the attorney will:
    (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 subpart;
    (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 
the appropriate Department official; 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 which would preclude the proper 
designation or appearance of a Department of Justice or appropriate 
Department attorney on the employee's behalf, the employee, if 
necessary, shall respectfully request from the demanding court or 
authority for a reasonable stay of proceedings for the purpose of 
obtaining instructions from the Department.



Sec. 5.47  Procedure in the event of an adverse ruling.

    If a stay of, or other relief from, the effect of the demand in 
response to a request made pursuant to Sec. 5.46 is declined or not 
obtained, or 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. 5.46, or if the court or other authority rules that the 
demand must be complied with irrespective of the Department'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 this subpart and 
United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).



Sec. 5.48  Considerations in determining whether the Department will comply with a demand or request

    (a) In deciding whether to comply with a demand or request, 
Department officials and attorneys shall consider, among any other 
pertinent considerations:
    (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 Department 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 the Department of its mission and duties; and
    (8) The need to avoid involving the Department 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 those with respect to which any of 
the following factors, inter alia, exist:
    (1) Compliance would violate a statute or a rule of procedure;
    (2) Compliance would violate a specific regulation or Executive 
order;

[[Page 30]]

    (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. 5.49  Prohibition on providing expert or opinion testimony.

    (a) Except as provided in this section, and subject to 5 CFR 
2635.805, Department employees shall not provide opinion or expert 
testimony based upon information which they acquired in the scope and 
performance of their official Department duties, except on behalf of the 
United States or a party represented by the Department of Justice.
    (b) Any expert or opinion testimony by a former employee of the 
Department shall be excepted from 5.49(a) where the testimony involves 
only general expertise gained while employed at the Department.
    (c) Upon a showing by the requestor of exceptional need or unique 
circumstances and that the anticipated testimony will not be adverse to 
the interests of the United States, the appropriate Department official 
designated in Sec. 5.44 may, consistent with 5 CFR 2635.805, in their 
discretion and with the concurrence of the Office of the General 
Counsel, grant special, written authorization for Department employees, 
or former employees, to appear and testify as expert witnesses at no 
expense to the United States.
    (d) If, despite the final determination of the appropriate 
Department official designated in Sec. 5.44, a court of competent 
jurisdiction or other appropriate authority orders the appearance and 
expert or opinion testimony of a current or former Department employee, 
that person 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 Department employee, or former employee, shall comply with the 
order. If so directed by the Office of the General Counsel, however, the 
employee, or former employee, shall respectfully decline to testify.

  Appendix A to Part 5--FOIA/Privacy Act Offices of the Department of 
                            Homeland Security

    I. For the following Headquarters components of the Department of 
Homeland Security, FOIA and Privacy Act requests should be sent to the 
Departmental Disclosure Office, Department of Homeland Security, 
Washington, DC 20528. The Headquarters components are:

                                    A

Office of the Secretary
Office of the Deputy Secretary
Office of the Under Secretary for Management

                                    B

Office of the General Counsel
Office of the Inspector General
Office of International Affairs
Office of Legislative Affairs
Office of Public Affairs
Office of National Capital Region Coordination
Office of Professional Responsibility
Office for State and Local Government Coordination

                                    C

Directorate of Border and Transportation Security
Directorate of Emergency Preparedness and Response
Directorate of Information Analysis and Infrastructure Protection
Directorate of Science and Technology
    II. Requests made to components that have transferred or will 
transfer into the Department of Homeland Security, should be sent as 
follows:
    A. Former components of the Department of Agriculture:

1. Animal and Plant Health Inspection Service, USDA, APHIS, LPA, FOIA, 
4700 River Road, Unit 50, Riverdale, MD 20737-1232
2. Plum Island Animal Disease Center; Submit request to the APHIS 
address above or, FOIA Coordinator, USDA-REE-ARS-Information Staff, 5601 
Sunnyside Avenue, Bldg. 1, Room 2248, Mail Stop 5128, Beltsville, MD 
20705-5128

    B. Former components of the Department of Commerce:

1. Critical Infrastructure Assurance Office (A former office of the 
Bureau of Industry and Security); Freedom of Information Coordinator, 
Bureau of Industry and Security,

[[Page 31]]

Room 6883, U.S. Department of Commerce, Washington, DC 20230
2. FIRESTAT (formerly the Integrated Hazard Information System of the 
National Oceanic and Atmospheric Administration), National Oceanic and 
Atmospheric Administration, Public Reference Facility (OFAx2), 1315 
East-West Highway (SSMC3), Room 10703, Silver Spring, MD 20910
    C. Former components of the Department of Defense:

1. National Communications Service (A former component of the Defense 
Information Systems Agency), Defense Information Systems Agency, ATTN: 
RGC/FOIA Officer, 701 S. Courthouse Rd., Arlington, VA 22204-2199

    D. Former components and programs of the Department of Energy:

    The address for each component and program listed below is: U.S. 
Department of Energy, 1000 Independence Avenue, SW., Washington, DC 
20585
    1. Energy Assurance Office
    2. Environmental Measurements Laboratory
    3. Nuclear Incident Response Team
    4. The chemical and biological national security and supporting 
programs and activities of the non-proliferation and verification 
research and development program.
    5. The life sciences activities related to microbial pathogens of 
Biological and Environmental Research Program.
    6. The nuclear smuggling programs and activities within the 
proliferation detection program of the non-proliferation and 
verification research and development program.
    7. The nuclear assessment program and activities of the assessment, 
detection, and cooperation program of the international materials 
protection and cooperation program, and the advanced scientific 
computing research program and activities at Lawrence Livermore National 
Laboratory.
    8. National Infrastructure Simulation and Analysis Center
    E. Former components of the Department of Health and Human Services:

    1. The address for each component and program listed below is: 
Department of Health and Human Services, Freedom of Information Officer, 
Room 645-F, Hubert H. Humphrey Building, Independence Avenue, SW., 
Washington, DC 20201;
    a. Metropolitan Medical Response System,
    b. National Disaster Medical System, and
    c. Office of Emergency Preparedness
    d. Strategic National Stockpile
    2. Centers for Disease Control and Agency for Toxic Substances and 
Disease Registry, Attn: FOI Office, MS-D54, 1600 Clifton Road, NE., 
Atlanta, GA 30333.
    F. Former components of the Department of Justice:

    1. Immigration and Naturalization Service, Director, Freedom of 
Information/Privacy Act Program, Department of Justice, 425 Eye Street, 
NW., 2nd Floor, ULLICO Building, Washington, DC 20536 (for field 
offices, consult your phone book).
    2. The address for each component and program listed below is: 
Federal Bureau of Investigation, Chief, FOIPA Section, 935 Pennsylvania 
Avenue, NW., Department of Justice, Washington, DC 20535-0001;
    a. National Infrastructure Protection Center,
    b. National Domestic Preparedness Office, and
    c. Domestic Emergency Support Team.
    3. Office of Domestic Preparedness, U.S. Department of Justice, 
Office of Justice Programs, Office of the General Counsel, Attention: 
FOIA Staff, 810 7th Street, NW., Room 5400, Washington, DC 20531.
    G. Former components of the Department of State:

Visa Office, Information and Privacy Coordinator, Office of Information 
Resources, Management Programs and Services, A/RPS/IPS, SA-2, Department 
of State, Washington, DC 20522-6001, Re: Freedom of Information Act 
Request.
    H. Former components of the Department of Transportation:

1. Federal Aviation Administration, National Freedom of Information Act 
Staff, ARC-40, 800 Independence Avenue, SW., Washington, DC 20591 (for 
regional centers, consult your phone book).
2. Transportation Security Administration, TSA-1, FOIA Division, 400 
Seventh Street, SW., Washington, DC 20590
3. United States Coast Guard, HQ USCG Commandant, G-CIM, 2100 Second 
Street, SW., Washington, DC 20593-0001 (for district offices, consult 
your phone book).

    I. Former components of the Department of Treasury:

1. Federal Law Enforcement Training Center, Freedom of Information Act 
Officer, Townhouse 389, Glynco, GA 31524
2. U.S. Customs Service, Freedom of Information Act Request, Mint Annex, 
1300 Pennsylvania Avenue, NW., Washington, DC 20229 (for field offices, 
consult your phone book).
3. U.S. Secret Service, Freedom of Information Act Request, 950 H 
Street, NW., Suite 3000, Washington, DC 20223, e-mail 
[email protected]. Appeals should be addressed to the Deputy Director, 
United States Secret Service, Freedom of Information and Privacy Act 
Appeal Officer, at these same contact points.

    J. Federal Emergency Management Agency: Federal Emergency Management 
Agency, Office of General Counsel, 500 C Street, SW., Room 840, 
Washington, DC 20472 (for regional offices, consult your phone book).

[[Page 32]]

    K. Former components of the General Services Administration:

1. For the Federal Computer Incident Response Center and the Federal 
Protective Service: Chief, FOIA Information Management Branch, GSA 
(CAIM), 1800 F Street, NW., Washington, DC 20405 (for regional offices, 
consult your phone book).

Appendix B to Part 5--Public Reading Rooms of the Department of Homeland 
                                Security

    The Headquarters components of the Department of Homeland Security 
do not maintain a conventional public reading room. Records that are 
required to be in the public reading room are available electronically 
at http://www.dhs.gov/FOIA.
    Entities that will transfer into the Department of Homeland Security 
maintain public reading rooms as follows:
    1. Former components of the Department of Agriculture:

Animal and Plant Health Inspection Service Library, 4700 River Road, 
Riverdale, MD 20737-1232
Plum Island Animal Disease Center, the APHIS address above or, USDA-ARS, 
5601 Sunnyside Avenue, Building 1, Room 2248, Beltsville, MD 20705-5128
    2. Former components of the Department of Commerce:

    The Critical Infrastructure Assurance Office (A former office of the 
Bureau of Industry and Security) does not maintain a conventional public 
reading room. Records that are required to be in the public reading room 
are available electronically at http://www.bis.doc.gov/FOIA/Default.htm
    FIRESTAT (formerly the Integrated Hazard Information System of the 
National Oceanic and Atmospheric Administration), NOAA Public Reference 
Facility, 1305 East-West Highway (SSMC4), Room 8627, Silver Spring, MD 
20910
    3. Former components of the Department of Defense:
    The National Communication Service (A former component of the 
Defense Information Systems Agency) does not maintain a conventional 
public reading room. Records that are required to be in the public 
reading room are available electronically at http://disa.mil/gc/foia/
foia.html
    4. Former components and programs of the Department of Energy:

The address for each component and program listed below is: U.S. 
Department of Energy; 1000 Independence Avenue, SW., Washington, DC 
20585

Energy Assurance Office
Environmental Measurements Laboratory
Nuclear Incident Response Team

    The chemical and biological national security and supporting 
programs and activities of the non-proliferation and verification 
research and development program.
    The life sciences activities related to microbial pathogens of 
Biological and Environmental Research Program.
    The nuclear smuggling programs and activities within the 
proliferation detection program of the non-proliferation and 
verification research and development program.
    The nuclear assessment program and activities of the assessment, 
detection, and cooperation program of the international materials 
protection and cooperation program, and the advanced scientific 
computing research program and activities at Lawrence Livermore National 
Laboratory.

       The National Infrastructure Simulation and Analysis Center

    5. Former components of the Department of Health and Human Services:
    For the Metropolitan Medical Response System, the National Disaster 
Medical System, and the Office of Emergency Preparedness please contact 
the Freedom of Information Act Officer at: Department of Health and 
Human Services, Freedom of Information Officer, Room 645-F, Hubert H. 
Humphrey Building, Independence Avenue, SW., Washington, DC 20201
    Strategic National Stockpile, Centers for Disease Control and Agency 
for Toxic Substances and Disease Registry, 1600 Clifton Road, NE., Room 
4103, Building 1, Atlanta, GA 30333
    6. Former components of the Department of Justice:
    Immigration and Naturalization Service, 111 Massachusetts Avenue, 
NW., 2nd Floor, ULLICO Building, Washington, DC 20536
    For the National Infrastructure Protection Center, the National 
Domestic Preparedness Office, and the Domestic Emergency Support Team: 
Federal Bureau of Investigation, 935 Pennsylvania Avenue, NW., 
Department of Justice, Washington, DC 20535-0001
    Office of Domestic Preparedness, U.S. Department of Justice, Office 
of Justice Programs, 810 7th Street, NW., Room 5430, Washington, DC 
20531
    7. Former components of the Department of State:
    Visa Office, Department of State, 2201 C Street, NW., Washington, DC 
20520
    8. Former components of the Department of Transportation:
    Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591
    Transportation Security Administration, 400 Seventh Street, SW., 
Washington, DC 20590
    United States Coast Guard Headquarters, 2100 Second Street, SW., 
Washington, DC

[[Page 33]]

20593-0001 (for district offices, consult your phone book).
    9. Former components of the Department of Treasury:
    The Federal Law Enforcement Training Center does not maintain a 
conventional public reading room. Records that are required to be in the 
public reading room are available electronically at http://
www.fletc.gov/irm/foia/readingroom.htm
    U.S. Customs Service, 1300 Pennsylvania Avenue, NW., Washington, DC 
20229 (for a list of field office public reading rooms please consult 19 
CFR 103.1).
    U.S. Secret Service, Main Treasury, 1500 Pennsylvania Avenue, NW., 
Washington, DC 20220
    10. Federal Emergency Management Agency:
    Federal Emergency Management Agency, Federal Center Plaza, 500 C 
Street, SW., Room 840 Washington, DC 20472 (for regional offices, 
consult your phone book)
    11. Former components of the General Services Administration:
    For the Federal Computer Incident Response Center and the Federal 
Protective Service: Central Office, GSA Headquarters, 1800 F Street, 
NW., (CAI), Washington, DC 20405 (for regional offices, consult your 
phone book).



PART 7--CLASSIFIED NATIONAL SECURITY INFORMATION--Table of Contents




Sec.
7.1 Purpose.
7.2 Scope.
7.3 Definitions.
7.11 Authority of the Under Secretary for Information Analysis and 
          Infrastructure Protection.
7.21 Classification and declassification authority.
7.31 Mandatory review for declassification requests.

    Authority: 5 U.S.C. 301; 6 U.S.C. 122; E.O. 12958, 60 FR 19825; 3 
CFR, 1995 Comp., p. 333; E.O. 13142, 64 FR 66089, 3 CFR, 1999 Comp., p. 
236; 32 CFR part 2001.

    Source: 68 FR 4074, Jan. 27, 2003, unless otherwise noted.



Sec. 7.1  Purpose.

    The purpose of this part is to ensure that information within the 
Department of Homeland Security (Department) relating to the national 
security is classified, safeguarded, and declassified pursuant to the 
provisions of Executive Order 12958, as amended, and implementing 
directives from the Information Security Oversight Office of the 
National Archives and Records Administration (ISOO).



Sec. 7.2  Scope.

    (a) All employees granted access to classified information by the 
Department are governed by this part, and by the standards in Executive 
Order 12958, as amended, any other applicable Executive Order, and 
directives promulgated under those Executive Orders. If any portion of 
this part conflicts with any portion of Executive Order 12958, as 
amended, or any other applicable Executive Order, the Executive Order 
shall apply. The provisions established by this subpart shall apply to 
each component of the Department, including all Department components 
that are transferred to the Department, except to the extent that a 
Department component has adopted separate guidance with regard to 
classified national security information and access.
    (b) This part applies to non-contractor personnel, to include state 
and local officials, and contractor personnel who are entrusted with 
classified national security information originated within or in the 
custody of the Department.
    (c) This part is independent of and does not affect any 
classification procedures or requirements of the Atomic Energy Act of 
1954, as amended (42 U.S.C. 2011 et seq.).
    (d) This part does not, and is not intended to, create any right to 
judicial review, or any other right or benefit or trust responsibility, 
substantive or procedural, enforceable by a party against the United 
States, its agencies or instrumentalities, its officers or employees, or 
any other person.



Sec. 7.3  Definitions.

    The terms defined or used in Executive Order 12958, as amended, and 
the implementing directives in 32 CFR part 2001, are applicable to this 
part.



Sec. 7.11  Authority of the Under Secretary for Information Analysis and Infrastructure Protection.

    The Under Secretary for Information Analysis and Infrastructure 
Protection

[[Page 34]]

is designated as the senior agency official as required by section 
5.6(c) of Executive Order 12958 and, except as specifically provided 
elsewhere in this part, is authorized to administer the Department's 
national security information program pursuant to Executive Order 12958, 
as amended.



Sec. 7.21  Classification and declassification authority.

    (a) Top Secret original classification authority may only be 
exercised by the Secretary and by officials to whom such authority is 
delegated in writing by the Secretary. As a minimum, the Under Secretary 
for Information Analysis and Infrastructure Protection will be delegated 
this authority. No official who is delegated Top Secret classification 
authority pursuant to this paragraph may redelegate such authority.
    (b) The Under Secretary for Information Analysis and Infrastructure 
Protection may delegate original Secret and Confidential classification 
authority to other officials determined to have frequent need to 
exercise such authority. No official who is delegated original 
classification authority pursuant to this paragraph may redelegate such 
authority.
    (c) Officials authorized to classify information at a specified 
level are also authorized to classify information at a lower level. In 
the absence of an official authorized to exercise classification 
authority pursuant to this section, the person designated to act in lieu 
of such official may exercise the official's classification authority.



Sec. 7.31  Mandatory review for declassification requests.

    Any person may request classified information be reviewed for 
declassification pursuant to the mandatory declassification review 
provisions of section 3.6 of Executive Order 12958. Such requests shall 
be sent to the Under Secretary for Information Analysis and 
Infrastructure Protection, Department of Homeland Security, 1800 G 
Street, NW., Washington, DC.



PART 9--RESTRICTIONS UPON LOBBYING--Table of Contents




                           Subpart A--General

Sec.
9.1 Conditions on use of funds.
9.2 Definitions.
9.3 Certification and disclosure.

                 Subpart B--Activities by Own Employees

9.11 Agency and legislative liaison.
9.15 Professional and technical services.
9.20 Reporting.

            Subpart C--Activities by Other than Own Employees

9.23 Professional and technical services.

                  Subpart D--Penalties and Enforcement

9.31 Penalties.
9.32 Penalty procedures.
9.33 Enforcement.

                          Subpart E--Exemptions

9.41 Secretary of Defense.

                        Subpart F--Agency Reports

9.51 Semi-annual compilation.
9.52 Inspector General report.

Appendix A to Part 9--Certification Regarding Lobbying
Appendix B to Part 9--Disclosure Form to Report Lobbying

    Authority: Sec. 319, Pub. L. 101-121, 103 Stat. 750 (31 U.S.C. 
1352); Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); 5 U.S.C. 
301.

    Source: 68 FR 10912, Mar. 6, 2003, unless otherwise noted.



                           Subpart A--General



Sec. 9.1  Conditions on use of funds.

    (a) No appropriated funds may be expended by the recipient of a 
Federal contract, grant, loan, or cooperative agreement 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,

[[Page 35]]

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 to this part, 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 to this part, if such 
person has made or has agreed to make any payment using non appropriated 
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 to this part, 
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 to this 
part, 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. 9.2  Definitions.

    For purposes of this part:
    (a) Agency has the same meaning as provided in 5 U.S.C. 552(f), and 
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) The term covered Federal action:
    (1) Means any of the following Federal actions:
    (i) The awarding of any Federal contract;
    (ii) The making of any Federal grant;
    (iii) The making of any Federal loan;
    (iv) The entering into of any cooperative agreement; and
    (v) The extension, continuation, renewal, amendment, or modification 
of any Federal contract, grant, loan, or cooperative agreement.
    (2) 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) (48 CFR Chapter 1) 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 that 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 definition 
of Indian tribe in that Act.
    (h) Influencing or attempting to influence means making, with the 
intent to

[[Page 36]]

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 or 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 appointed to a position in the Government pursuant 
to title 5 of the United States Code, including any position by 
temporary appointment or any appointment as an acting official as 
outlined in section 1511(c) of the Homeland Security Act;
    (2) A member of the uniformed services as defined in 37 U.S.C. 
101(3);
    (3) A special Government employee as defined in section 18 U.S.C. 
202; and
    (4) An individual who is a member of a Federal advisory committee, 
as defined by the Federal Advisory Committee Act at 5 U.S.C. App. 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 professional 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 sub grantees 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. 9.3  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

[[Page 37]]

    (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)(1) Each person shall file a certification, and a disclosure 
form, if required, upon receipt by such person of:
    (i) A Federal contract, grant, or cooperative agreement exceeding 
$100,000; or
    (ii) A Federal loan or a commitment providing for the United States 
to insure or guarantee a loan exceeding $150,000.
    (2) A filing described in paragraph (b)(1) of this section shall not 
be required if such person previously filed a certification, and a 
disclosure form 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 
paragraph (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;
    (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)(1) The requirements of paragraph (d)(2) of this section apply to 
any person who requests or receives from a person referred to in 
paragraph (a) or (b) of this section:
    (i) A subcontract exceeding $100,000 at any tier under a Federal 
contract;
    (ii) A subgrant, contract, or subcontract exceeding $100,000 at any 
tier under a Federal grant;
    (iii) A contract or subcontract exceeding $100,000 at any tier under 
a Federal loan exceeding $150,000; or
    (iv) A contract or subcontract exceeding $100,000 at any tier under 
a Federal cooperative agreement.
    (2) A person described in paragraph (d)(1) of this section shall 
file a certification, and a disclosure form, if required, to the next 
tier.
    (e) All disclosure forms, but not certifications, shall be forwarded 
from tier to tier until received by the person referred to in paragraph 
(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 31 U.S.C. 
1352.
    (g) No reporting is required for an activity paid for with 
appropriated funds if that activity is allowable under either subpart B 
or C of this part.



                 Subpart B--Activities by Own Employees



Sec. 9.11  Agency and legislative liaison.

    (a) The prohibition on the use of appropriated funds, in Sec. 
9.1(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

[[Page 38]]

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.
    (e) Only those activities expressly authorized by this section are 
allowable under this section.



Sec. 9.15  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in Sec. 
9.1(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. 9.20  Reporting.

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

[[Page 39]]



            Subpart C--Activities by Other than Own Employees



Sec. 9.23  Professional and technical services.

    (a) The prohibition on the use of appropriated funds, in Sec. 
9.1(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. 9.3(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 
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.
    (d) Requirements imposed by or pursuant to law as a condition for 
receiving a covered Federal action 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. 9.31  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 this part) 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.

[[Page 40]]

    (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. 9.32  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. 3803 
(except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar 
as these provisions are not inconsistent with the requirements in this 
part.



Sec. 9.33  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. 9.41  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. 9.51  Semi-annual compilation.

    (a) The head of each agency shall collect and compile the disclosure 
reports (see Appendix B to this part) 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) Agencies shall keep the originals of all disclosure reports in 
the official files of the agency.



Sec. 9.52  Inspector General report.

    (a) The Inspector General, or other official as specified in 
paragraph (b) of

[[Page 41]]

this section, of each agency shall prepare and submit to Congress each 
year an evaluation of the compliance of that agency with, and the 
effectiveness of, the requirements in this part. 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 9--Certification Regarding Lobbying

 Certification for Contracts, Grants, Loans, and Cooperative Agreements

 I. 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 sub awards 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 31 U.S.C. 1352. 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.
II. 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 31 U.S.C. 1352. 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 42]]

        Appendix B to Part 9--Disclosure Form to Report Lobbying
[GRAPHIC] [TIFF OMITTED] TR06MR03.021


[[Page 43]]


[GRAPHIC] [TIFF OMITTED] TR06MR03.022


[[Page 44]]


[GRAPHIC] [TIFF OMITTED] TR06MR03.023



PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF HOMELAND SECURITY--Table of Contents




Sec.
15.1 Purpose.
15.2 Application.
15.3 Definitions.
15.10 Self-evaluation.
15.11 Notice.
15.30 General prohibitions against discrimination.
15.40 Employment.
15.49 Program accessibility; discrimination prohibited.
15.50 Program accessibility; existing facilities.
15.51 Program accessibility; new construction and alterations.
15.60 Communications.
15.70 Compliance procedures.

    Authority: Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); 5 
U.S.C. 301; 29 U.S.C. 794.

    Source: 68 FR 10886, Mar. 6, 2003, unless otherwise noted.

[[Page 45]]



Sec. 15.1  Purpose.

    The purpose of this part is to effectuate section 504 of the 
Rehabilitation Act of 1973 (``Section 504''), as amended by section 119 
of the Rehabilitation, Comprehensive Services, and Developmental 
Disabilities Amendments of 1978, which prohibits discrimination on the 
basis of disability in programs or activities conducted by Executive 
agencies. The provisions established by this part shall be effective for 
all components of the Department, including all Department components 
that are transferred to the Department, except to the extent that a 
Department component already has existing section 504 regulations.



Sec. 15.2  Application.

    This part applies to all programs or activities conducted by the 
Department of Homeland Security (Department), except for programs or 
activities conducted outside the United States that do not involve 
individuals with a disability in the United States.



Sec. 15.3  Definitions.

    For purposes of this part:
    (a) 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 Department. For example, auxiliary aids 
useful for persons with impaired vision include readers, materials in 
Braille, 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, 
telecommunications devices for deaf persons (TTYs), interpreters, 
notetakers, written materials and other similar services and devices.
    (b) Complete complaint means a written statement that contains the 
complainant's name and address, and describes the Department's alleged 
discriminatory action in sufficient detail to inform the Department 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 of individuals with 
disabilities shall also identify (where possible) the alleged victims of 
discrimination.
    (c) Facility means all or any portion of a building, structure, 
equipment, road, walk, parking lot, rolling stock, or other conveyance, 
or other real or personal property.
    (d) Individual with a disability means any person who has a physical 
or mental impairment that substantially limits one or more of the 
individual's major life activities, has a record of such an impairment, 
or is regarded as having such an impairment. For purposes of this 
definition:
    (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, 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 of the individual's 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 Department as 
constituting such a limitation;

[[Page 46]]

    (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 (e)(1) of 
this section but is treated by the Department as having such an 
impairment.
    (e) Qualified individual with a disability means:
    (1) With respect to a Department program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, an individual with a disability 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 
Department can demonstrate would result in a fundamental alteration in 
the nature of the program; and
    (2) With respect to any other program or activity, an individual 
with a disability who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity.
    (3) With respect to employment, an individual with a disability who 
satisfies the requisite skill, experience, education and other job-
related requirements of the employment position such individual holds or 
desires, and who, with or without reasonable accommodation, can perform 
the essential functions of such position.
    (f) Section 504 means section 504 of the Rehabilitation Act of 1973 
(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.



Sec. 15.10  Self-evaluation.

    (a) Except as provided in paragraph (d) of this section, the 
Department shall, not later than March 7, 2005, evaluate its current 
policies and practices, and the effects thereof, to determine if they 
meet the requirements of this part. To the extent modification of any 
such policy and practice is required, the Department shall proceed to 
make the necessary modifications.
    (b) The Department shall provide an opportunity to interested 
persons, including individuals with a disability or organizations 
representing individuals with disabilities, to participate in the self-
evaluation process.
    (c) The Department 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;
    (2) A description of any modifications made; and
    (3) A list of participants in the self-evaluation process.
    (d) If a component within the Department has already complied with 
the self-evaluation requirement of a regulation implementing section 
504, then the requirements of this section shall apply to only those 
programs and activities conducted by that component that were not 
included in the previous self-evaluation.



Sec. 15.11  Notice.

    The Department shall make available to all Department employees and 
interested persons information regarding the provisions of this part and 
its applicability to the programs or activities conducted by the 
Department, and make such information available to them in such a manner 
as is necessary to apprise them of the protections against 
discrimination assured them by section 504 and this part.



Sec. 15.30  General prohibitions against discrimination.

    (a) No qualified individual with a disability in the United States, 
shall, by reason of his or her disability, be excluded from the 
participation in, be denied benefits of, or otherwise be subjected to 
discrimination under any program or activity conducted by the 
Department.
    (b)(1) The Department, in providing any aid, benefit, or service, 
may not directly or through contractual, licensing, or other 
arrangements, on the basis of disability:
    (i) Deny a qualified individual with a disability the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualified individual with a disability an opportunity 
to participate in or benefit from the aid, benefit,

[[Page 47]]

or service that is not equal to that afforded others;
    (iii) Provide a qualified individual with a disability 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 a disability or to any class of individuals with a 
disability than is provided to others unless such action is necessary to 
provide qualified individuals with a disability with aid, benefits or 
services that are as effective as those provided to others;
    (v) Deny a qualified individual with a disability the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified individual with a disability in the 
enjoyment of any right, privilege, advantage, or opportunity enjoyed by 
others receiving the aid, benefit, or service.
    (2) For purposes of this part, aids, benefits, and services, to be 
equally effective, are not required to produce the identical result or 
level of achievement for individuals with a disability and for 
nondisabled persons, but must afford individuals with a disability equal 
opportunity to obtain the same result, to gain the same benefit, or to 
reach the same level of achievement in the most integrated setting 
appropriate to the individual's needs.
    (3) Even if the Department is permitted, under paragraph (b)(1)(iv) 
of this section, to operate a separate or different program for 
individuals with a disability or for any class of individuals with a 
disability, the Department must permit any qualified individual with a 
disability who wishes to participate in the program that is not separate 
or different to do so.
    (4) The Department 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 a disability to 
discrimination on the basis of disability; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to individuals with a disability.
    (5) The Department may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would:
    (i) Exclude individuals with a disability from, deny them the 
benefits of, or otherwise subject them to discrimination under any 
program or activity conducted by the Department; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to individuals with a 
disability.
    (6) The Department, in the selection of procurement contractors, may 
not use criteria that subject qualified individuals with a disability to 
discrimination on the basis of disability.
    (7) The Department may not administer a licensing or certification 
program in a manner that subjects qualified individuals with a 
disability to discrimination on the basis of disability, nor may the 
Department establish requirements for the programs or activities of 
licensees or certified entities that subject qualified individuals with 
a disability to discrimination on the basis of disability. However, the 
programs or activities of entities that are licensed or certified by the 
Department are not, themselves, covered by this part.
    (c) The exclusion of nondisabled persons from the benefits of a 
program limited by Federal statute or Executive order to individuals 
with a disability or the exclusion of a specific class of individuals 
with a disability from a program limited by Federal statute or Executive 
order to a different class of individuals with a disability is not 
prohibited by this part.
    (d) The Department shall administer programs and activities in the 
most integrated setting appropriate to the needs of qualified 
individuals with a disability.



Sec. 15.40  Employment.

    No qualified individual with a disability shall, on the basis of 
that disability, be subjected to discrimination in employment under any 
program or activity conducted by the Department.

[[Page 48]]

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 of Federally conducted programs or activities.



Sec. 15.49  Program accessibility; discrimination prohibited.

    Except as otherwise provided in Sec. 15.50, no qualified individual 
with a disability shall, because the Department's facilities are 
inaccessible to or unusable by individuals with a disability, be denied 
the benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the Department.



Sec. 15.50  Program accessibility; existing facilities.

    (a) General. The Department 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 a disability. This 
paragraph (a) does not require the Department:
    (1) To make structural alterations in each of its existing 
facilities in order to make them accessible to and usable by individuals 
with a disability where other methods are effective in achieving 
compliance with this section; or
    (2) 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 
Department personnel believe that the proposed action would 
fundamentally alter the program or activity or would result in undue 
financial and administrative burdens, the Department has the burden of 
proving that compliance with this paragraph (a) of this section would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the Secretary of 
Homeland Security (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 Department shall 
take any other action that would not result in such an alteration or 
such burdens but would nevertheless ensure that individuals with a 
disability receive the benefits and services of the program or activity.
    (b) Methods. The Department 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 a disability. The Department, in making alterations to 
existing buildings, shall meet accessibility requirements to the extent 
required 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 Department shall give priority to those methods that offer programs 
and activities to qualified individuals with a disability in the most 
integrated setting appropriate.
    (c) Time period for compliance. The Department shall comply with the 
obligations established under this section not later than May 5, 2003, 
except that where structural changes in facilities are undertaken, such 
changes shall be made not later than March 6, 2006, but in any event as 
expeditiously as possible. If a component within the Department has 
already complied with the accessibility requirements of a regulation 
implementing section 504, then the provisions of this paragraph shall 
apply only to facilities for that agency's programs and activities that 
were not previously made readily accessible to and usable by individuals 
with disabilities in compliance with that regulation.
    (d) Transition plan. In the event that structural changes to 
facilities will be

[[Page 49]]

undertaken to achieve program accessibility, the Department shall 
develop not later than September 8, 2003, a transition plan setting 
forth the steps necessary to complete such changes. The Department shall 
provide an opportunity to interested persons, including individuals with 
disabilities or organizations representing individuals with 
disabilities, to participate in the development of the transition plan 
by submitting comments (both telephonic and written). A copy of the 
transition plan shall be made available for public inspection. If a 
component of the Department has already complied with the transition 
plan requirement of a regulation implementing section 504, then the 
requirements of this paragraph shall apply only to the agency's 
facilities for programs and activities that were not included in the 
previous transition plan. The plan shall at a minimum:
    (1) Identify physical obstacles in the Department's facilities that 
limit the physical accessibility of its programs or activities to 
individuals with disabilities;
    (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. 15.51  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 Department shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
individuals with a disability. The definitions, requirements, and 
standards of the Architectural Barriers Act (42 U.S.C. 4151-4157), as 
established in 41 CFR 101-19.600 through 101-19.607 apply to buildings 
covered by this section.



Sec. 15.60  Communications.

    (a) The Department shall take appropriate steps to effectively 
communicate with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The Department shall furnish appropriate auxiliary aids where 
necessary to afford an individual with a disability an equal opportunity 
to participate in, and enjoy the benefits of, a program or activity 
conducted by the Department.
    (i) In determining what type of auxiliary aid is necessary, the 
Department shall give primary consideration to the requests of the 
individual with a disability.
    (ii) The Department need not provide individually prescribed 
devices, readers for personal use or study, or other devices of a 
personal nature to applicants or participants in programs.
    (2) Where the Department communicates with applicants and 
beneficiaries by telephone, the Department shall use telecommunication 
devices for deaf persons (TTYs) or equally effective telecommunication 
systems to communicate with persons with impaired hearing.
    (b) The Department shall make available to interested persons, 
including persons with impaired vision or hearing, information as to the 
existence and location of accessible services, activities, and 
facilities.
    (c) The Department shall post notices at a primary entrance to each 
of its inaccessible facilities, directing users to an accessible 
facility, or 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 Department 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.
    (e) In those circumstances where Department personnel believe that 
the proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the 
Department has the burden of proving that compliance

[[Page 50]]

with this section would result in such alteration or burdens. The 
decision that compliance would result in such alteration or burdens must 
be made by the Secretary of Homeland Security (or his or her designee) 
after considering all 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 Department 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 a disability receive the benefits and services of the program or 
activity.



Sec. 15.70  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
disability in programs and activities conducted by the Department.
    (b) The Department 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.
    (c) All other complaints alleging violations of section 504 may be 
sent to the Officer for Civil Rights and Civil Liberties, Department of 
Homeland Security, Washington, DC 20528. The Officer for Civil Rights 
and Civil Liberties shall be responsible for coordinating implementation 
of this section.
    (d)(1) Any person who believes that he or she has been subjected to 
discrimination prohibited by this part may by him or herself, or by his 
or her authorized representative, file a complaint. Any person who 
believes that any specific class of persons has been subjected to 
discrimination prohibited by this part and who is a member of that class 
or the authorized representative of a member of that class may file a 
complaint.
    (2) The Department shall accept and investigate all complete 
complaints over which it has jurisdiction.
    (3) All complete complaints must be filed within 180 days of the 
alleged act of discrimination. The Department may extend this time 
period for good cause.
    (e) If the Department 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 entity 
of the Federal government.
    (f) The Department 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 disabilities.
    (g)(1) Not later than 180 days from the receipt of a complete 
complaint over which it has jurisdiction, the Department shall notify 
the complainant of the results of the investigation in a letter 
containing:
    (i) Findings of fact and conclusions of law;
    (ii) A description of a remedy for each violation found; and
    (iii) A notice of the right to appeal.
    (2) Department employees are required to cooperate in the 
investigation and attempted resolution of complaints. Employees who are 
required to participate in any investigation under this section shall do 
so as part of their official duties and during the course of regular 
duty hours.
    (3) If a complaint is resolved informally, the terms of the 
agreement shall be reduced to writing and made part of the complaint 
file, with a copy of the agreement provided to the complainant. The 
written agreement shall describe the subject matter of the complaint and 
any corrective action to which the parties have agreed.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant not later than 60 days after 
receipt from the Department of the letter required by paragraph (g)(1) 
of this section. The Department may extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the Officer 
for Civil

[[Page 51]]

Rights and Civil Liberties, or designee thereof, who will issue the 
final agency decision which may include appropriate corrective action to 
be taken by the Department.
    (j) The Department shall notify the complainant of the results of 
the appeal within 30 days of the receipt of the appeal. If the 
Department determines that it needs additional information from the 
complainant, it shall have 30 days from the date it received the 
additional information to make its determination on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended for an individual case when the Officer for Civil Rights 
and Civil Liberties determines that there is good cause, based on the 
particular circumstances of that case, for the extension.
    (l) The Department may delegate its authority for conducting 
complaint investigations to other Federal agencies and may contract with 
nongovernment investigators to perform the investigation, but the 
authority for making the final determination may not be delegated to 
another agency.



PART 17--NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents




                         Subpart A--Introduction

Sec.
17.100 Purpose and effective date.
17.105 Definitions.
17.110 Remedial and affirmative action and self-evaluation.
17.115 Assurance required.
17.120 Transfers of property.
17.125 Effect of other requirements.
17.130 Effect of employment opportunities.
17.135 Designation of responsible employee and adoption of grievance 
          procedures.
17.140 Dissemination of policy.

                           Subpart B--Coverage

17.200 Application.
17.205 Educational institutions and other entities controlled by 
          religious organizations.
17.210 Military and merchant marine educational institutions.
17.215 Membership practices of certain organizations.
17.220 Admissions.
17.225 Educational institutions eligible to submit transition plans.
17.230 Transition plans.
17.235 Statutory amendments.

     Subpart C--Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited

17.300 Admission.
17.305 Preference in admission.
17.310 Recruitment.

 Subpart D--Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited

17.400 Education programs or activities.
17.405 Housing.
17.410 Comparable facilities.
17.415 Access to course offerings.
17.420 Access to schools operated by LEAs.
17.425 Counseling and use of appraisal and counseling materials.
17.430 Financial assistance.
17.435 Employment assistance to students.
17.440 Health and insurance benefits and services.
17.445 Marital or parental status.
17.450 Athletics.
17.455 Textbooks and curricular material.

Subpart E--Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited

17.500 Employment.
17.505 Employment criteria.
17.510 Recruitment.
17.515 Compensation.
17.520 Job classification and structure.
17.525 Fringe benefits.
17.530 Marital or parental status.
17.535 Effect of state or local law or other requirements.
17.540 Advertising.
17.545 Pre-employment inquiries.
17.550 Sex as a bona fide occupational qualification.

                          Subpart F--Procedures

17.600 Notice of covered programs.
17.605 Enforcement procedures.
17.635 Forms and instructions; coordination.

    Authority: Pub. L. 107-296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); 5 
U.S.C. 301; 20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688.

    Source: 68 FR 10892, Mar. 6, 2003, unless otherwise noted.

[[Page 52]]



                         Subpart A--Introduction



Sec. 17.100  Purpose and effective date.

    (a) The purpose of these Title IX regulations is to effectuate Title 
IX of the Education Amendments of 1972, as amended (except sections 904 
and 906 of those Amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 
1687, 1688), which is designed to eliminate (with certain exceptions) 
discrimination on the basis of sex in any education program or activity 
receiving Federal financial assistance, whether or not such program or 
activity is offered or sponsored by an educational institution as 
defined in these Title IX regulations. The effective date of these Title 
IX regulations shall be March 6, 2003.
    (b) The provisions established by this part shall be effective for 
all components of the Department, including all Department components 
that are transferred to the Department, except to the extent that a 
Department component already has existing Title IX regulations.



Sec. 17.105  Definitions.

    As used in these Title IX regulations, the term:
    (a) Administratively separate unit means a school, department, or 
college of an educational institution (other than a local educational 
agency) admission to which is independent of admission to any other 
component of such institution.
    (b) Admission means selection for part-time, full-time, special, 
associate, transfer, exchange, or any other enrollment, membership, or 
matriculation in or at an education program or activity operated by a 
recipient.
    (c) Applicant means one who submits an application, request, or plan 
required to be approved by an official of the Federal agency that awards 
Federal financial assistance, or by a recipient, as a condition to 
becoming a recipient.
    (d) Department means Department of Homeland Security.
    (e) Designated agency official means the Officer for Civil Rights 
and Civil Liberties, or the designee thereof.
    (f) Educational institution means a local educational agency (LEA) 
as defined by 20 U.S.C. 8801(18), a preschool, a private elementary or 
secondary school, or an applicant or recipient that is an institution of 
graduate higher education, an institution of undergraduate higher 
education, an institution of professional education, or an institution 
of vocational education, as defined in this section.
    (g) Federal financial assistance means any of the following, when 
authorized or extended under a law administered by the Federal agency 
that awards such assistance:
    (1) A grant or loan of Federal financial assistance, including funds 
made available for:
    (i) The acquisition, construction, renovation, restoration, or 
repair of a building or facility or any portion thereof; and
    (ii) Scholarships, loans, grants, wages, or other funds extended to 
any entity for payment to or on behalf of students admitted to that 
entity, or extended directly to such students for payment to that 
entity.
    (2) A grant of Federal real or personal property or any interest 
therein, including surplus property, and the proceeds of the sale or 
transfer of such property, if the Federal share of the fair market value 
of the property is not, upon such sale or transfer, properly accounted 
for to the Federal Government.
    (3) Provision of the services of Federal personnel.
    (4) Sale or lease of Federal property or any interest therein at 
nominal consideration, or at consideration reduced for the purpose of 
assisting the recipient or in recognition of public interest to be 
served thereby, or permission to use Federal property or any interest 
therein without consideration.
    (5) Any other contract, agreement, or arrangement that has as one of 
its purposes the provision of assistance to any education program or 
activity, except a contract of insurance or guaranty.
    (h) Institution of graduate higher education means an institution 
that:
    (1) Offers academic study beyond the bachelor of arts or bachelor of 
science degree, whether or not leading to a certificate of any higher 
degree in the liberal arts and sciences;

[[Page 53]]

    (2) Awards any degree in a professional field beyond the first 
professional degree (regardless of whether the first professional degree 
in such field is awarded by an institution of undergraduate higher 
education or professional education); or
    (3) Awards no degree and offers no further academic study, but 
operates ordinarily for the purpose of facilitating research by persons 
who have received the highest graduate degree in any field of study.
    (i) Institution of professional education means an institution 
(except any institution of undergraduate higher education) that offers a 
program of academic study that leads to a first professional degree in a 
field for which there is a national specialized accrediting agency 
recognized by the Secretary of Education.
    (j) Institution of undergraduate higher education means:
    (1) An institution offering at least two but less than four years of 
college-level study beyond the high school level, leading to a diploma 
or an associate degree, or wholly or principally creditable toward a 
baccalaureate degree;
    (2) An institution offering academic study leading to a 
baccalaureate degree; or
    (3) An agency or body that certifies credentials or offers degrees, 
but that may or may not offer academic study.
    (k) Institution of vocational education means a school or 
institution (except an institution of professional or graduate or 
undergraduate higher education) that has as its primary purpose 
preparation of students to pursue a technical, skilled, or semi-skilled 
occupation or trade, or to pursue study in a technical field, whether or 
not the school or institution offers certificates, diplomas, or degrees 
and whether or not it offers full-time study.
    (l) Recipient means any State or political subdivision thereof or 
any instrumentality of a State or political subdivision thereof, any 
public or private agency, institution, or organization, or other entity, 
or any person, to whom Federal financial assistance is extended directly 
or through another recipient and that operates an education program or 
activity that receives such assistance, including any subunit, 
successor, assignee, or transferee thereof.
    (m) Reviewing authority means that component of the Department 
delegated authority to review the decisions of hearing officers in cases 
arising under these Title IX regulations.
    (n) Secretary means Secretary of the Department of Homeland 
Security.
    (o) Student means a person who has gained admission.
    (p) Title IX means Title IX of the Education Amendments of 1972, 
Public Law 92-318, 86 Stat. 235, 373 (codified as amended at 20 U.S.C. 
1681-1688) (except sections 904 and 906 thereof), as amended by section 
3 of Public Law 93-568, 88 Stat. 1855, by section 412 of the Education 
Amendments of 1976, Public Law 94-482, 90 Stat. 2234, and by section 3 
of Public Law 100-259, 102 Stat. 28, 28-29 (20 U.S.C. 1681, 1682, 1683, 
1685, 1686, 1687, 1688).
    (q) Title IX regulations means the provisions of this part.
    (r) Transition plan means a plan subject to the approval of the 
Secretary of Education pursuant to section 901(a)(2) of the Education 
Amendments of 1972 (20 U.S.C. 1681(a)(2)), under which an educational 
institution operates in making the transition from being an educational 
institution that admits only students of one sex to being one that 
admits students of both sexes without discrimination.



Sec. 17.110  Remedial and affirmative action and self-evaluation.

    (a) Remedial action. If the designated agency official finds that a 
recipient has discriminated against persons on the basis of sex in an 
education program or activity, such recipient shall take such remedial 
action as the designated agency official deems necessary to overcome the 
effects of such discrimination.
    (b) Affirmative action. In the absence of a finding of 
discrimination on the basis of sex in an education program or activity, 
a recipient may take affirmative action consistent with law to overcome 
the effects of conditions that resulted in limited participation therein 
by persons of a particular sex. Nothing in these Title IX regulations 
shall be

[[Page 54]]

interpreted to alter any affirmative action obligations that a recipient 
may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as 
amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as 
amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as 
amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended 
by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
    (c) Self-evaluation. Each recipient education institution shall, 
within one year of March 6, 2003:
    (1) Evaluate, in terms of the requirements of these Title IX 
regulations, its current policies and practices and the effects thereof 
concerning admission of students, treatment of students, and employment 
of both academic and non-academic personnel working in connection with 
the recipient's education program or activity;
    (2) Modify any of these policies and practices that do not or may 
not meet the requirements of these Title IX regulations; and
    (3) Take appropriate remedial steps to eliminate the effects of any 
discrimination that resulted or may have resulted from adherence to 
these policies and practices.
    (d) Availability of self-evaluation and related materials. 
Recipients shall maintain on file for at least three years following 
completion of the evaluation required under paragraph (c) of this 
section, and shall provide to the designated agency official upon 
request, a description of any modifications made pursuant to paragraph 
(c)(2) of this section and of any remedial steps taken pursuant to 
paragraph (c)(3) of this section.



Sec. 17.115  Assurance required.

    (a) General. Either at the application stage or the award stage, 
Federal agencies must ensure that applications for Federal financial 
assistance or awards of Federal financial assistance contain, be 
accompanied by, or be covered by a specifically identified assurance 
from the applicant or recipient, satisfactory to the designated agency 
official, that each education program or activity operated by the 
applicant or recipient and to which these Title IX regulations apply 
will be operated in compliance with these Title IX regulations. An 
assurance of compliance with these Title IX regulations shall not be 
satisfactory to the designated agency official if the applicant or 
recipient to whom such assurance applies fails to commit itself to take 
whatever remedial action is necessary in accordance with Sec. 17.110(a) 
to eliminate existing discrimination on the basis of sex or to eliminate 
the effects of past discrimination whether occurring prior to or 
subsequent to the submission to the designated agency official of such 
assurance.
    (b) Duration of obligation. (1) In the case of Federal financial 
assistance extended to provide real property or structures thereon, such 
assurance shall obligate the recipient or, in the case of a subsequent 
transfer, the transferee, for the period during which the real property 
or structures are used to provide an education program or activity.
    (2) In the case of Federal financial assistance extended to provide 
personal property, such assurance shall obligate the recipient for the 
period during which it retains ownership or possession of the property.
    (3) In all other cases such assurance shall obligate the recipient 
for the period during which Federal financial assistance is extended.
    (c) Form. (1) The assurances required by paragraph (a) of this 
section, which may be included as part of a document that addresses 
other assurances or obligations, shall include that the applicant or 
recipient will comply with all applicable Federal statutes relating to 
nondiscrimination. These include but are not limited to: Title IX of the 
Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, 1685-
1688).
    (2) The designated agency official will specify the extent to which 
such assurances will be required of the applicant's or recipient's 
subgrantees, contractors, subcontractors, transferees, or successors in 
interest.



Sec. 17.120  Transfers of property.

    If a recipient sells or otherwise transfers property financed in 
whole or in part with Federal financial assistance to a transferee that 
operates any education program or activity, and the Federal share of the 
fair market value

[[Page 55]]

of the property is not upon such sale or transfer properly accounted for 
to the Federal Government, both the transferor and the transferee shall 
be deemed to be recipients, subject to the provisions of Sec.Sec. 17.205 
through 17.235(a).



Sec. 17.125  Effect of other requirements.

    (a) Effect of other Federal provisions. The obligations imposed by 
these Title IX regulations are independent of, and do not alter, 
obligations not to discriminate on the basis of sex imposed by Executive 
Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive 
Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive 
Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive 
Order 12087, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 
12107, 3 CFR, 1978 Comp., p. 264; sections 704 and 855 of the Public 
Health Service Act (42 U.S.C. 295m, 298b-2); Title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et seq.); the Equal Pay Act of 1963 
(29 U.S.C. 206); and any other Act of Congress or Federal regulation.
    (b) Effect of State or local law or other requirements. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any State or local law or other requirement that would 
render any applicant or student ineligible, or limit the eligibility of 
any applicant or student, on the basis of sex, to practice any 
occupation or profession.
    (c) Effect of rules or regulations of private organizations. The 
obligation to comply with these Title IX regulations is not obviated or 
alleviated by any rule or regulation of any organization, club, athletic 
or other league, or association that would render any applicant or 
student ineligible to participate or limit the eligibility or 
participation of any applicant or student, on the basis of sex, in any 
education program or activity operated by a recipient and that receives 
Federal financial assistance.



Sec. 17.130  Effect of employment opportunities.

    The obligation to comply with these Title IX regulations is not 
obviated or alleviated because employment opportunities in any 
occupation or profession are or may be more limited for members of one 
sex than for members of the other sex.



Sec. 17.135  Designation of responsible employee and adoption of grievance procedures.

    (a) Designation of responsible employee. Each recipient shall 
designate at least one employee to coordinate its efforts to comply with 
and carry out its responsibilities under these Title IX regulations, 
including any investigation of any complaint communicated to such 
recipient alleging its noncompliance with these Title IX regulations or 
alleging any actions that would be prohibited by these Title IX 
regulations. The recipient shall notify all its students and employees 
of the name, office address, and telephone number of the employee or 
employees appointed pursuant to this paragraph.
    (b) Complaint procedure of recipient. A recipient shall adopt and 
publish grievance procedures providing for prompt and equitable 
resolution of student and employee complaints alleging any action that 
would be prohibited by these Title IX regulations.



Sec. 17.140  Dissemination of policy.

    (a) Notification of policy. (1) Each recipient shall implement 
specific and continuing steps to notify applicants for admission and 
employment, students and parents of elementary and secondary school 
students, employees, sources of referral of applicants for admission and 
employment, and all unions or professional organizations holding 
collective bargaining or professional agreements with the recipient, 
that it does not discriminate on the basis of sex in the educational 
programs or activities that it operates, and that it is required by 
Title IX and these Title IX regulations not to discriminate in such a 
manner. Such notification shall contain such information, and be made in 
such manner, as the designated agency official finds necessary to 
apprise such persons of the protections against discrimination assured 
them by Title IX and these Title IX regulations, but shall state at

[[Page 56]]

least that the requirement not to discriminate in education programs or 
activities extends to employment therein, and to admission thereto 
unless Sec.Sec. 17.300 through 17.310 do not apply to the recipient, and 
that inquiries concerning the application of Title IX and these Title IX 
regulations to such recipient may be referred to the employee designated 
pursuant to Sec. 17.135, or to the designated agency official.
    (2) Each recipient shall make the initial notification required by 
paragraph (a)(1) of this section within 90 days of March 6, 2003 or of 
the date these Title IX regulations first apply to such recipient, 
whichever comes later, which notification shall include publication in:
    (i) Newspapers and magazines operated by such recipient or by 
student, alumnae, or alumni groups for or in connection with such 
recipient; and
    (ii) Memoranda or other written communications distributed to every 
student and employee of such recipient.
    (b) Publications. (1) Each recipient shall prominently include a 
statement of the policy described in paragraph (a) of this section in 
each announcement, bulletin, catalog, or application form that it makes 
available to any person of a type, described in paragraph (a) of this 
section, or which is otherwise used in connection with the recruitment 
of students or employees.
    (2) A recipient shall not use or distribute a publication of the 
type described in paragraph (b)(1) of this section that suggests, by 
text or illustration, that such recipient treats applicants, students, 
or employees differently on the basis of sex except as such treatment is 
permitted by these Title IX regulations.
    (c) Distribution. Each recipient shall distribute without 
discrimination on the basis of sex each publication described in 
paragraph (b)(1) of this section, and shall apprise each of its 
admission and employment recruitment representatives of the policy of 
nondiscrimination described in paragraph (a) of this section, and shall 
require such representatives to adhere to such policy.



                           Subpart B--Coverage



Sec. 17.200  Application.

    Except as provided in Sec.Sec. 17.205 through 17.235(a), these Title 
IX regulations apply to every recipient and to each education program or 
activity operated by such recipient that receives Federal financial 
assistance.



Sec. 17.205  Educational institutions and other entities controlled by religious organizations.

    (a) Exemption. These Title IX regulations do not apply to any 
operation of an educational institution or other entity that is 
controlled by a religious organization to the extent that application of 
these Title IX regulations would not be consistent with the religious 
tenets of such organization.
    (b) Exemption claims. An educational institution or other entity 
that wishes to claim the exemption set forth in paragraph (a) of this 
section shall do so by submitting in writing to the designated agency 
official a statement by the highest-ranking official of the institution, 
identifying the provisions of these Title IX regulations that conflict 
with a specific tenet of the religious organization.



Sec. 17.210  Military and merchant marine educational institutions.

    These Title IX regulations do not apply to an educational 
institution whose primary purpose is the training of individuals for a 
military service of the United States or for the merchant marine.



Sec. 17.215  Membership practices of certain organizations.

    (a) Social fraternities and sororities. These Title IX regulations 
do not apply to the membership practices of social fraternities and 
sororities that are exempt from taxation under section 501(a) of the 
Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership 
of which consists primarily of students in attendance at institutions of 
higher education.
    (b) YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls. These 
Title IX regulations do not apply to the membership practices of the 
Young Men's Christian Association (YMCA),

[[Page 57]]

the Young Women's Christian Association (YWCA), the Girl Scouts, the Boy 
Scouts, and Camp Fire Girls.
    (c) Voluntary youth service organizations. These Title IX 
regulations do not apply to the membership practices of a voluntary 
youth service organization that is exempt from taxation under section 
501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), and the 
membership of which has been traditionally limited to members of one sex 
and principally to persons of less than nineteen years of age.



Sec. 17.220  Admissions.

    (a) General. Admissions to educational institutions prior to June 
24, 1973, are not covered by these Title IX regulations.
    (b) Administratively separate units. For the purposes only of this 
section, Sec.Sec. 17.225, 17.230, and 17.300 through 17.310, each 
administratively separate unit shall be deemed to be an educational 
institution.
    (c) Application of Sec.Sec. 17.300 through 17.310. Except as 
provided in paragraphs (d) and (e) of this section, Sec.Sec. 17.300 
through 17.310 apply to each recipient. A recipient to which Sec.Sec. 
17.300 through 17.310 apply shall not discriminate on the basis of sex 
in admission or recruitment in violation of Sec.Sec. 17.300 through 
17.310.
    (d) Educational institutions. Except as provided in paragraph (e) of 
this section as to recipients that are educational institutions, 
Sec.Sec. 17.300 through 17.310 apply only to institutions of vocational 
education, professional education, graduate higher education, and public 
institutions of undergraduate higher education.
    (e) Public institutions of undergraduate higher education. Sections 
17.300 through 17.310 do not apply to any public institution of 
undergraduate higher education that traditionally and continually from 
its establishment has had a policy of admitting students of only one 
sex.



Sec. 17.225  Educational institutions eligible to submit transition plans.

    (a) Application. This section applies to each educational 
institution to which Sec.Sec. 17.300 through 17.310 apply that:
    (1) Admitted students of only one sex as regular students as of June 
23, 1972; or
    (2) Admitted students of only one sex as regular students as of June 
23, 1965, but thereafter admitted, as regular students, students of the 
sex not admitted prior to June 23, 1965.
    (b) Provision for transition plans. An educational institution to 
which this section applies shall not discriminate on the basis of sex in 
admission or recruitment in violation of Sec.Sec. 17.300 through 17.310.



Sec. 17.230  Transition plans.

    (a) Submission of plans. An institution to which Sec. 17.225 applies 
and that is composed of more than one administratively separate unit may 
submit either a single transition plan applicable to all such units, or 
a separate transition plan applicable to each such unit.
    (b) Content of plans. In order to be approved by the Secretary of 
Education, a transition plan shall:
    (1) State the name, address, and Federal Interagency Committee on 
Education Code of the educational institution submitting such plan, the 
administratively separate units to which the plan is applicable, and the 
name, address, and telephone number of the person to whom questions 
concerning the plan may be addressed. The person who submits the plan 
shall be the chief administrator or president of the institution, or 
another individual legally authorized to bind the institution to all 
actions set forth in the plan.
    (2) State whether the educational institution or administratively 
separate unit admits students of both sexes as regular students and, if 
so, when it began to do so.
    (3) Identify and describe with respect to the educational 
institution or administratively separate unit any obstacles to admitting 
students without discrimination on the basis of sex.
    (4) Describe in detail the steps necessary to eliminate as soon as 
practicable each obstacle so identified and indicate the schedule for 
taking these steps and the individual directly responsible for their 
implementation.
    (5) Include estimates of the number of students, by sex, expected to 
apply for, be admitted to, and enter each

[[Page 58]]

class during the period covered by the plan.
    (c) Nondiscrimination. No policy or practice of a recipient to which 
Sec. 17.225 applies shall result in treatment of applicants to or 
students of such recipient in violation of Sec.Sec. 17.300 through 
17.310 unless such treatment is necessitated by an obstacle identified 
in paragraph (b)(3) of this section and a schedule for eliminating that 
obstacle has been provided as required by paragraph (b)(4) of this 
section.
    (d) Effects of past exclusion. To overcome the effects of past 
exclusion of students on the basis of sex, each educational institution 
to which Sec. 17.225 applies shall include in its transition plan, and 
shall implement, specific steps designed to encourage individuals of the 
previously excluded sex to apply for admission to such institution. Such 
steps shall include instituting recruitment programs that emphasize the 
institution's commitment to enrolling students of the sex previously 
excluded.



Sec. 17.235  Statutory amendments.

    (a) This section, which applies to all provisions of these Title IX 
regulations, addresses statutory amendments to Title IX.
    (b) These Title IX regulations shall not apply to or preclude:
    (1) Any program or activity of the American Legion undertaken in 
connection with the organization or operation of any Boys State 
conference, Boys Nation conference, Girls State conference, or Girls 
Nation conference;
    (2) Any program or activity of a secondary school or educational 
institution specifically for:
    (i) The promotion of any Boys State conference, Boys Nation 
conference, Girls State conference, or Girls Nation conference; or
    (ii) The selection of students to attend any such conference;
    (3) Father-son or mother-daughter activities at an educational 
institution or in an education program or activity, but if such 
activities are provided for students of one sex, opportunities for 
reasonably comparable activities shall be provided to students of the 
other sex;
    (4) Any scholarship or other financial assistance awarded by an 
institution of higher education to an individual because such individual 
has received such award in a single-sex pageant based upon a combination 
of factors related to the individual's personal appearance, poise, and 
talent. The pageant, however, must comply with other nondiscrimination 
provisions of Federal law.
    (c) For purposes of these Title IX regulations, program or activity 
or program means:
    (1) All of the operations of any entity described in paragraphs 
(c)(1)(i) through (iv) of this section, any part of which is extended 
Federal financial assistance:
    (i)(A) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (B) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (ii)(A) A college, university, or other postsecondary institution, 
or a public system of higher education; or
    (B) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (iii)(A) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship:
    (1) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (2) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (B) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization, or sole 
proprietorship; or
    (iv) Any other entity that is established by two or more of the 
entities described in paragraphs (c)(1)(i), (ii), or (iii) of this 
section.

[[Page 59]]

    (2)(i) Program or activity does not include any operation of an 
entity that is controlled by a religious organization if the application 
of 20 U.S.C. 1681 to such operation would not be consistent with the 
religious tenets of such organization.
    (ii) For example, all of the operations of a college, university, or 
other postsecondary institution, including but not limited to 
traditional educational operations, faculty and student housing, campus 
shuttle bus service, campus restaurants, the bookstore, and other 
commercial activities are part of a program or activity subject to these 
Title IX regulations if the college, university, or other institution 
receives Federal financial assistance.
    (d)(1) Nothing in these Title IX regulations shall be construed to 
require or prohibit any person, or public or private entity, to provide 
or pay for any benefit or service, including the use of facilities, 
related to an abortion. Medical procedures, benefits, services, and the 
use of facilities, necessary to save the life of a pregnant woman or to 
address complications related to an abortion are not subject to this 
section.
    (2) Nothing in this section shall be construed to permit a penalty 
to be imposed on any person or individual because such person or 
individual is seeking or has received any benefit or service related to 
a legal abortion. Accordingly, subject to paragraph (d)(1) of this 
section, no person shall be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any academic, 
extracurricular, research, occupational training, employment, or other 
educational program or activity operated by a recipient that receives 
Federal financial assistance because such individual has sought or 
received, or is seeking, a legal abortion, or any benefit or service 
related to a legal abortion.



     Subpart C--Discrimination on the Basis of Sex in Admission and 
                         Recruitment Prohibited



Sec. 17.300  Admission.

    (a) General. No person shall, on the basis of sex, be denied 
admission, or be subjected to discrimination in admission, by any 
recipient to which Sec.Sec. 17.300 through 17.310 apply, except as 
provided in Sec.Sec. 17.225 and 17.230.
    (b) Specific prohibitions. (1) In determining whether a person 
satisfies any policy or criterion for admission, or in making any offer 
of admission, a recipient to which Sec.Sec. 17.300 through 17.310 apply 
shall not:
    (i) Give preference to one person over another on the basis of sex, 
by ranking applicants separately on such basis, or otherwise;
    (ii) Apply numerical limitations upon the number or proportion of 
persons of either sex who may be admitted; or
    (iii) Otherwise treat one individual differently from another on the 
basis of sex.
    (2) A recipient shall not administer or operate any test or other 
criterion for admission that has a disproportionately adverse effect on 
persons on the basis of sex unless the use of such test or criterion is 
shown to predict validly success in the education program or activity in 
question and alternative tests or criteria that do not have such a 
disproportionately adverse effect are shown to be unavailable.
    (c) Prohibitions relating to marital or parental status. In 
determining whether a person satisfies any policy or criterion for 
admission, or in making any offer of admission, a recipient to which 
Sec.Sec. 17.300 through 17.310 apply:
    (1) Shall not apply any rule concerning the actual or potential 
parental, family, or marital status of a student or applicant that 
treats persons differently on the basis of sex;
    (2) Shall not discriminate against or exclude any person on the 
basis of pregnancy, childbirth, termination of pregnancy, or recovery 
therefrom, or establish or follow any rule or practice that so 
discriminates or excludes;
    (3) Subject to Sec. 17.235(d), shall treat disabilities related to 
pregnancy, childbirth, termination of pregnancy, or recovery therefrom 
in the same manner and under the same policies as any other temporary 
disability or physical condition; and
    (4) Shall not make pre-admission inquiry as to the marital status of 
an applicant for admission, including whether such applicant is ``Miss'' 
or ``Mrs.'' A recipient may make pre-admission

[[Page 60]]

inquiry as to the sex of an applicant for admission, but only if such 
inquiry is made equally of such applicants of both sexes and if the 
results of such inquiry are not used in connection with discrimination 
prohibited by these Title IX regulations.



Sec. 17.305  Preference in admission.

    A recipient to which Sec.Sec. 17.300 through 17.310 apply shall not 
give preference to applicants for admission, on the basis of attendance 
at any educational institution or other school or entity that admits as 
students only or predominantly members of one sex, if the giving of such 
preference has the effect of discriminating on the basis of sex in 
violation of Sec.Sec. 17.300 through 17.310.



Sec. 17.310  Recruitment.

    (a) Nondiscriminatory recruitment. A recipient to which Sec.Sec. 
17.300 through 17.310 apply shall not discriminate on the basis of sex 
in the recruitment and admission of students. A recipient may be 
required to undertake additional recruitment efforts for one sex as 
remedial action pursuant to Sec. 17.110(a), and may choose to undertake 
such efforts as affirmative action pursuant to Sec. 17.110(b).
    (b) Recruitment at certain institutions. A recipient to which 
Sec.Sec. 17.300 through 17.310 apply shall not recruit primarily or 
exclusively at educational institutions, schools, or entities that admit 
as students only or predominantly members of one sex, if such actions 
have the effect of discriminating on the basis of sex in violation of 
Sec.Sec. 17.300 through 17.310.



 Subpart D--Discrimination on the Basis of Sex in Education Programs or 
                          Activities Prohibited



Sec. 17.400  Education programs or activities.

    (a) General. Except as provided elsewhere in these Title IX 
regulations, no person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, or be subjected to 
discrimination under any academic, extracurricular, research, 
occupational training, or other education program or activity operated 
by a recipient that receives Federal financial assistance. Sections 
17.400 through 17.455 do not apply to actions of a recipient in 
connection with admission of its students to an education program or 
activity of a recipient to which Sec.Sec. 17.300 through 17.310 do not 
apply, or an entity, not a recipient, to which Sec.Sec. 17.300 through 
17.310 would not apply if the entity were a recipient.
    (b) Specific prohibitions. Except as provided in Sec.Sec. 17.400 
through 17.455, in providing any aid, benefit, or service to a student, 
a recipient shall not, on the basis of sex:
    (1) Treat one person differently from another in determining whether 
such person satisfies any requirement or condition for the provision of 
such aid, benefit, or service;
    (2) Provide different aid, benefits, or services or provide aid, 
benefits, or services in a different manner;
    (3) Deny any person any such aid, benefit, or service;
    (4) Subject any person to separate or different rules of behavior, 
sanctions, or other treatment;
    (5) Apply any rule concerning the domicile or residence of a student 
or applicant, including eligibility for in-state fees and tuition;
    (6) Aid or perpetuate discrimination against any person by providing 
significant assistance to any agency, organization, or person that 
discriminates on the basis of sex in providing any aid, benefit, or 
service to students or employees; or
    (7) Otherwise limit any person in the enjoyment of any right, 
privilege, advantage, or opportunity.
    (c) Assistance administered by a recipient educational institution 
to study at a foreign institution. A recipient educational institution 
may administer or assist in the administration of scholarships, 
fellowships, or other awards established by foreign or domestic wills, 
trusts, or similar legal instruments, or by acts of foreign governments 
and restricted to members of one sex, that are designed to provide 
opportunities to study abroad, and that are awarded to students who are 
already matriculating at or who are graduates of the recipient 
institution; Provided, that a recipient educational institution that

[[Page 61]]

administers or assists in the administration of such scholarships, 
fellowships, or other awards that are restricted to members of one sex 
provides, or otherwise makes available, reasonable opportunities for 
similar studies for members of the other sex. Such opportunities may be 
derived from either domestic or foreign sources.
    (d) Aids, benefits or services not provided by recipient. (1) This 
paragraph (d) applies to any recipient that requires participation by 
any applicant, student, or employee in any education program or activity 
not operated wholly by such recipient, or that facilitates, permits, or 
considers such participation as part of or equivalent to an education 
program or activity operated by such recipient, including participation 
in educational consortia and cooperative employment and student-teaching 
assignments.
    (2) Such recipient:
    (i) Shall develop and implement a procedure designed to assure 
itself that the operator or sponsor of such other education program or 
activity takes no action affecting any applicant, student, or employee 
of such recipient that these Title IX regulations would prohibit such 
recipient from taking; and
    (ii) Shall not facilitate, require, permit, or consider such 
participation if such action occurs.



Sec. 17.405  Housing.

    (a) General. A recipient shall not, on the basis of sex, apply 
different rules or regulations, impose different fees or requirements, 
or offer different services or benefits related to housing, except as 
provided in this section (including housing provided only to married 
students).
    (b) Housing provided by recipient. (1) A recipient may provide 
separate housing on the basis of sex.
    (2) Housing provided by a recipient to students of one sex, when 
compared to that provided to students of the other sex, shall be as a 
whole:
    (i) Proportionate in quantity to the number of students of that sex 
applying for such housing; and
    (ii) Comparable in quality and cost to the student.
    (c) Other housing. (1) A recipient shall not, on the basis of sex, 
administer different policies or practices concerning occupancy by its 
students of housing other than that provided by such recipient.
    (2)(i) A recipient which, through solicitation, listing, approval of 
housing, or otherwise, assists any agency, organization, or person in 
making housing available to any of its students, shall take such 
reasonable action as may be necessary to assure itself that such housing 
as is provided to students of one sex, when compared to that provided to 
students of the other sex, is as a whole:
    (A) Proportionate in quantity; and
    (B) Comparable in quality and cost to the student.
    (ii) A recipient may render such assistance to any agency, 
organization, or person that provides all or part of such housing to 
students of only one sex.



Sec. 17.410  Comparable facilities.

    A recipient may provide separate toilet, locker room, and shower 
facilities on the basis of sex, but such facilities provided for 
students of one sex shall be comparable to such facilities provided for 
students of the other sex.



Sec. 17.415  Access to course offerings.

    (a) A recipient shall not provide any course or otherwise carry out 
any of its education program or activity separately on the basis of sex, 
or require or refuse participation therein by any of its students on 
such basis, including health, physical education, industrial, business, 
vocational, technical, home economics, music, and adult education 
courses.
    (b)(1) With respect to physical education classes and activities at 
the elementary school level, the recipient shall comply fully with this 
section as expeditiously as possible, but in no event later than one 
year from March 6, 2003. With respect to physical education classes and 
activities at the secondary and post-secondary levels, the recipient 
shall comply fully with this section as expeditiously as possible but in 
no event later than three years from March 6, 2003.

[[Page 62]]

    (2) This section does not prohibit grouping of students in physical 
education classes and activities by ability as assessed by objective 
standards of individual performance developed and applied without regard 
to sex.
    (3) This section does not prohibit separation of students by sex 
within physical education classes or activities during participation in 
wrestling, boxing, rugby, ice hockey, football, basketball, and other 
sports the purpose or major activity of which involves bodily contact.
    (4) Where use of a single standard of measuring skill or progress in 
a physical education class has an adverse effect on members of one sex, 
the recipient shall use appropriate standards that do not have such 
effect.
    (5) Portions of classes in elementary and secondary schools, or 
portions of education programs or activities, that deal exclusively with 
human sexuality may be conducted in separate sessions for boys and 
girls.
    (6) Recipients may make requirements based on vocal range or quality 
that may result in a chorus or choruses of one or predominantly one sex.



Sec. 17.420  Access to schools operated by LEAs.

    A recipient that is a local educational agency shall not, on the 
basis of sex, exclude any person from admission to:
    (a) Any institution of vocational education operated by such 
recipient; or
    (b) Any other school or educational unit operated by such recipient, 
unless such recipient otherwise makes available to such person, pursuant 
to the same policies and criteria of admission, courses, services, and 
facilities comparable to each course, service, and facility offered in 
or through such schools.



Sec. 17.425  Counseling and use of appraisal and counseling materials.

    (a) Counseling. A recipient shall not discriminate against any 
person on the basis of sex in the counseling or guidance of students or 
applicants for admission.
    (b) Use of appraisal and counseling materials. A recipient that uses 
testing or other materials for appraising or counseling students shall 
not use different materials for students on the basis of their sex or 
use materials that permit or require different treatment of students on 
such basis unless such different materials cover the same occupations 
and interest areas and the use of such different materials is shown to 
be essential to eliminate sex bias. Recipients shall develop and use 
internal procedures for ensuring that such materials do not discriminate 
on the basis of sex. Where the use of a counseling test or other 
instrument results in a substantially disproportionate number of members 
of one sex in any particular course of study or classification, the 
recipient shall take such action as is necessary to assure itself that 
such disproportion is not the result of discrimination in the instrument 
or its application.
    (c) Disproportion in classes. Where a recipient finds that a 
particular class contains a substantially disproportionate number of 
individuals of one sex, the recipient shall take such action as is 
necessary to assure itself that such disproportion is not the result of 
discrimination on the basis of sex in counseling or appraisal materials 
or by counselors.



Sec. 17.430  Financial assistance.

    (a) General. Except as provided in paragraphs (b) and (c) of this 
section, in providing financial assistance to any of its students, a 
recipient shall not:
    (1) On the basis of sex, provide different amounts or types of such 
assistance, limit eligibility for such assistance that is of any 
particular type or source, apply different criteria, or otherwise 
discriminate;
    (2) Through solicitation, listing, approval, provision of 
facilities, or other services, assist any foundation, trust, agency, 
organization, or person that provides assistance to any of such 
recipient's students in a manner that discriminates on the basis of sex; 
or
    (3) Apply any rule or assist in application of any rule concerning 
eligibility for such assistance that treats persons of one sex 
differently from persons of the other sex with regard to marital or 
parental status.
    (b) Financial aid established by certain legal instruments. (1) A 
recipient may

[[Page 63]]

administer or assist in the administration of scholarships, fellowships, 
or other forms of financial assistance established pursuant to domestic 
or foreign wills, trusts, bequests, or similar legal instruments or by 
acts of a foreign government that require that awards be made to members 
of a particular sex specified therein; Provided, that the overall effect 
of the award of such sex-restricted scholarships, fellowships, and other 
forms of financial assistance does not discriminate on the basis of sex.
    (2) To ensure nondiscriminatory awards of assistance as required in 
paragraph (b)(1) of this section, recipients shall develop and use 
procedures under which:
    (i) Students are selected for award of financial assistance on the 
basis of nondiscriminatory criteria and not on the basis of availability 
of funds restricted to members of a particular sex.
    (ii) An appropriate sex-restricted scholarship, fellowship, or other 
form of financial assistance is allocated to each student selected under 
paragraph (b)(2)(i) of this section; and
    (iii) No student is denied the award for which he or she was 
selected under paragraph (b)(2)(i) of this section because of the 
absence of a scholarship, fellowship, or other form of financial 
assistance designated for a member of that student's sex.
    (c) Athletic scholarships. (1) To the extent that a recipient awards 
athletic scholarships or grants-in-aid, it must provide reasonable 
opportunities for such awards for members of each sex in proportion to 
the number of students of each sex participating in interscholastic or 
intercollegiate athletics.
    (2) A recipient may provide separate athletic scholarships or 
grants-in-aid for members of each sex as part of separate athletic teams 
for members of each sex to the extent consistent with this paragraph (c) 
and Sec. 17.450.



Sec. 17.435  Employment assistance to students.

    (a) Assistance by recipient in making available outside employment. 
A recipient that assists any agency, organization, or person in making 
employment available to any of its students:
    (1) Shall assure itself that such employment is made available 
without discrimination on the basis of sex; and
    (2) Shall not render such services to any agency, organization, or 
person that discriminates on the basis of sex in its employment 
practices.
    (b) Employment of students by recipients. A recipient that employs 
any of its students shall not do so in a manner that violates Sec.Sec. 
17.500 through 17.550.



Sec. 17.440  Health and insurance benefits and services.

    Subject to Sec. 17.235(d), in providing a medical, hospital, 
accident, or life insurance benefit, service, policy, or plan to any of 
its students, a recipient shall not discriminate on the basis of sex, or 
provide such benefit, service, policy, or plan in a manner that would 
violate Sec.Sec. 17.500 through 17.550 if it were provided to employees 
of the recipient. This section shall not prohibit a recipient from 
providing any benefit or service that may be used by a different 
proportion of students of one sex than of the other, including family 
planning services. However, any recipient that provides full coverage 
health service shall provide gynecological care.



Sec. 17.445  Marital or parental status.

    (a) Status generally. A recipient shall not apply any rule 
concerning a student's actual or potential parental, family, or marital 
status that treats students differently on the basis of sex.
    (b) Pregnancy and related conditions. (1) A recipient shall not 
discriminate against any student, or exclude any student from its 
education program or activity, including any class or extracurricular 
activity, on the basis of such student's pregnancy, childbirth, false 
pregnancy, termination of pregnancy, or recovery therefrom, unless the 
student requests voluntarily to participate in a separate portion of the 
program or activity of the recipient.
    (2) A recipient may require such a student to obtain the 
certification of a physician that the student is physically and 
emotionally able to continue participation as long as such a 
certification is required of all students for other physical or 
emotional conditions requiring the attention of a physician.

[[Page 64]]

    (3) A recipient that operates a portion of its education program or 
activity separately for pregnant students, admittance to which is 
completely voluntary on the part of the student as provided in paragraph 
(b)(1) of this section, shall ensure that the separate portion is 
comparable to that offered to non-pregnant students.
    (4) Subject to Sec. 17.235(d), a recipient shall treat pregnancy, 
childbirth, false pregnancy, termination of pregnancy and recovery 
therefrom in the same manner and under the same policies as any other 
temporary disability with respect to any medical or hospital benefit, 
service, plan, or policy that such recipient administers, operates, 
offers, or participates in with respect to students admitted to the 
recipient's educational program or activity.
    (5) In the case of a recipient that does not maintain a leave policy 
for its students, or in the case of a student who does not otherwise 
qualify for leave under such a policy, a recipient shall treat 
pregnancy, childbirth, false pregnancy, termination of pregnancy, and 
recovery therefrom as a justification for a leave of absence for as long 
a period of time as is deemed medically necessary by the student's 
physician, at the conclusion of which the student shall be reinstated to 
the status that she held when the leave began.



Sec. 17.450  Athletics.

    (a) General. No person shall, on the basis of sex, be excluded from 
participation in, be denied the benefits of, be treated differently from 
another person, or otherwise be discriminated against in any 
interscholastic, intercollegiate, club, or intramural athletics offered 
by a recipient, and no recipient shall provide any such athletics 
separately on such basis.
    (b) Separate teams. Notwithstanding the requirements of paragraph 
(a) of this section, a recipient may operate or sponsor separate teams 
for members of each sex where selection for such teams is based upon 
competitive skill or the activity involved is a contact sport. However, 
where a recipient operates or sponsors a team in a particular sport for 
members of one sex but operates or sponsors no such team for members of 
the other sex, and athletic opportunities for members of that sex have 
previously been limited, members of the excluded sex must be allowed to 
try out for the team offered unless the sport involved is a contact 
sport. For the purposes of these Title IX regulations, contact sports 
include boxing, wrestling, rugby, ice hockey, football, basketball, and 
other sports the purpose or major activity of which involves bodily 
contact.
    (c) Equal opportunity. (1) A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics shall 
provide equal athletic opportunity for members of both sexes. In 
determining whether equal opportunities are available, the designated 
agency official will consider, among other factors:
    (i) Whether the selection of sports and levels of competition 
effectively accommodate the interests and abilities of members of both 
sexes;
    (ii) The provision of equipment and supplies;
    (iii) Scheduling of games and practice time;
    (iv) Travel and per diem allowance;
    (v) Opportunity to receive coaching and academic tutoring;
    (vi) Assignment and compensation of coaches and tutors;
    (vii) Provision of locker rooms, practice, and competitive 
facilities;
    (viii) Provision of medical and training facilities and services;
    (ix) Provision of housing and dining facilities and services; and
    (x) Publicity.
    (2) For purposes of paragraph (c)(1) of this section, unequal 
aggregate expenditures for members of each sex or unequal expenditures 
for male and female teams if a recipient operates or sponsors separate 
teams will not constitute noncompliance with this section, but the 
designated agency official may consider the failure to provide necessary 
funds for teams for one sex in assessing equality of opportunity for 
members of each sex.
    (d) Adjustment period. A recipient that operates or sponsors 
interscholastic, intercollegiate, club, or intramural athletics at the 
elementary school level shall comply fully with this section as 
expeditiously as possible but in no event later than one year from

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March 6, 2003. A recipient that operates or sponsors interscholastic, 
intercollegiate, club, or intramural athletics at the secondary or 
postsecondary school level shall comply fully with this section as 
expeditiously as possible but in no event later than three years from 
March 6, 2003.



Sec. 17.455  Textbooks and curricular material.

    Nothing in these Title IX regulations shall be interpreted as 
requiring or prohibiting or abridging in any way the use of particular 
textbooks or curricular materials.



Subpart E--Discrimination on the Basis of Sex in Employment in Education 
                    Programs or Activities Prohibited



Sec. 17.500  Employment.

    (a) General. (1) No person shall, on the basis of sex, be excluded 
from participation in, be denied the benefits of, or be subjected to 
discrimination in employment, or recruitment, consideration, or 
selection therefore, whether full-time or part-time, under any education 
program or activity operated by a recipient that receives Federal 
financial assistance.
    (2) A recipient shall make all employment decisions in any education 
program or activity operated by such recipient in a nondiscriminatory 
manner and shall not limit, segregate, or classify applicants or 
employees in any way that could adversely affect any applicant's or 
employee's employment opportunities or status because of sex.
    (3) A recipient shall not enter into any contractual or other 
relationship which directly or indirectly has the effect of subjecting 
employees or students to discrimination prohibited by Sec.Sec. 17.500 
through 17.550, including relationships with employment and referral 
agencies, with labor unions, and with organizations providing or 
administering fringe benefits to employees of the recipient.
    (4) A recipient shall not grant preferences to applicants for 
employment on the basis of attendance at any educational institution or 
entity that admits as students only or predominantly members of one sex, 
if the giving of such preferences has the effect of discriminating on 
the basis of sex in violation of these Title IX regulations.
    (b) Application. Sections 17.500 through 17.550 apply to:
    (1) Recruitment, advertising, and the process of application for 
employment;
    (2) Hiring, upgrading, promotion, consideration for and award of 
tenure, demotion, transfer, layoff, termination, application of nepotism 
policies, right of return from layoff, and rehiring;
    (3) Rates of pay or any other form of compensation, and changes in 
compensation;
    (4) Job assignments, classifications, and structure, including 
position descriptions, lines of progression, and seniority lists;
    (5) The terms of any collective bargaining agreement;
    (6) Granting and return from leaves of absence, leave for pregnancy, 
childbirth, false pregnancy, termination of pregnancy, leave for persons 
of either sex to care for children or dependents, or any other leave;
    (7) Fringe benefits available by virtue of employment, whether or 
not administered by the recipient;
    (8) Selection and financial support for training, including 
apprenticeship, professional meetings, conferences, and other related 
activities, selection for tuition assistance, selection for sabbaticals 
and leaves of absence to pursue training;
    (9) Employer-sponsored activities, including social or recreational 
programs; and
    (10) Any other term, condition, or privilege of employment.



Sec. 17.505  Employment criteria.

    A recipient shall not administer or operate any test or other 
criterion for any employment opportunity that has a disproportionately 
adverse effect on persons on the basis of sex unless:
    (a) Use of such test or other criterion is shown to predict validly 
successful performance in the position in question; and
    (b) Alternative tests or criteria for such purpose, which do not 
have such disproportionately adverse effect, are shown to be 
unavailable.

[[Page 66]]



Sec. 17.510  Recruitment.

    (a) Nondiscriminatory recruitment and hiring. A recipient shall not 
discriminate on the basis of sex in the recruitment and hiring of 
employees. Where a recipient has been found to be presently 
discriminating on the basis of sex in the recruitment or hiring of 
employees, or has been found to have so discriminated in the past, the 
recipient shall recruit members of the sex so discriminated against so 
as to overcome the effects of such past or present discrimination.
    (b) Recruitment patterns. A recipient shall not recruit primarily or 
exclusively at entities that furnish as applicants only or predominantly 
members of one sex if such actions have the effect of discriminating on 
the basis of sex in violation of Sec.Sec. 17.500 through 17.550.



Sec. 17.515  Compensation.

    A recipient shall not make or enforce any policy or practice that, 
on the basis of sex:
    (a) Makes distinctions in rates of pay or other compensation;
    (b) Results in the payment of wages to employees of one sex at a 
rate less than that paid to employees of the opposite sex for equal work 
on jobs the performance of which requires equal skill, effort, and 
responsibility, and that are performed under similar working conditions.



Sec. 17.520  Job classification and structure.

    A recipient shall not:
    (a) Classify a job as being for males or for females;
    (b) Maintain or establish separate lines of progression, seniority 
lists, career ladders, or tenure systems based on sex; or
    (c) Maintain or establish separate lines of progression, seniority 
systems, career ladders, or tenure systems for similar jobs, position 
descriptions, or job requirements that classify persons on the basis of 
sex, unless sex is a bona fide occupational qualification for the 
positions in question as set forth in Sec. 17.550.



Sec. 17.525  Fringe benefits.

    (a) ``Fringe benefits'' defined. For purposes of these Title IX 
regulations, the term fringe benefits means any medical, hospital, 
accident, life insurance, or retirement benefit, service, policy or 
plan, any profit-sharing or bonus plan, leave, and any other benefit or 
service of employment not subject to the provisions of Sec. 17.515.
    (b) Prohibitions. A recipient shall not:
    (1) Discriminate on the basis of sex with regard to making fringe 
benefits available to employees or make fringe benefits available to 
spouses, families, or dependents of employees differently upon the basis 
of the employee's sex;
    (2) Administer, operate, offer, or participate in a fringe benefit 
plan that does not provide for equal periodic benefits for members of 
each sex and for equal contributions to the plan by such recipient for 
members of each sex; or
    (3) Administer, operate, offer, or participate in a pension or 
retirement plan that establishes different optional or compulsory 
retirement ages based on sex or that otherwise discriminates in benefits 
on the basis of sex.



Sec. 17.530  Marital or parental status.

    (a) General. A recipient shall not apply any policy or take any 
employment action:
    (1) Concerning the potential marital, parental, or family status of 
an employee or applicant for employment that treats persons differently 
on the basis of sex; or
    (2) Which is based upon whether an employee or applicant for 
employment is the head of household or principal wage earner in such 
employee's or applicant's family unit.
    (b) Pregnancy. A recipient shall not discriminate against or exclude 
from employment any employee or applicant for employment on the basis of 
pregnancy, childbirth, false pregnancy, termination of pregnancy, or 
recovery therefrom.
    (c) Pregnancy as a temporary disability. Subject to Sec. 17.235(d), 
a recipient shall treat pregnancy, childbirth, false pregnancy, 
termination of pregnancy, recovery therefrom, and any temporary 
disability resulting therefrom as any other temporary disability for all 
job-

[[Page 67]]

related purposes, including commencement, duration, and extensions of 
leave, payment of disability income, accrual of seniority and any other 
benefit or service, and reinstatement, and under any fringe benefit 
offered to employees by virtue of employment.
    (d) Pregnancy leave. In the case of a recipient that does not 
maintain a leave policy for its employees, or in the case of an employee 
with insufficient leave or accrued employment time to qualify for leave 
under such a policy, a recipient shall treat pregnancy, childbirth, 
false pregnancy, termination of pregnancy, and recovery therefrom as a 
justification for a leave of absence without pay for a reasonable period 
of time, at the conclusion of which the employee shall be reinstated to 
the status that she held when the leave began or to a comparable 
position, without decrease in rate of compensation or loss of 
promotional opportunities, or any other right or privilege of 
employment.



Sec. 17.535  Effect of state or local law or other requirements.

    (a) Prohibitory requirements. The obligation to comply with Sec.Sec. 
17.500 through 17.550 is not obviated or alleviated by the existence of 
any State or local law or other requirement that imposes prohibitions or 
limits upon employment of members of one sex that are not imposed upon 
members of the other sex.
    (b) Benefits. A recipient that provides any compensation, service, 
or benefit to members of one sex pursuant to a State or local law or 
other requirement shall provide the same compensation, service, or 
benefit to members of the other sex.



Sec. 17.540  Advertising.

    A recipient shall not in any advertising related to employment 
indicate preference, limitation, specification, or discrimination based 
on sex unless sex is a bona fide occupational qualification for the 
particular job in question.



Sec. 17.545  Pre-employment inquiries.

    (a) Marital status. A recipient shall not make pre-employment 
inquiry as to the marital status of an applicant for employment, 
including whether such applicant is ``Miss'' or ``Mrs.''
    (b) Sex. A recipient may make pre-employment inquiry as to the sex 
of an applicant for employment, but only if such inquiry is made equally 
of such applicants of both sexes and if the results of such inquiry are 
not used in connection with discrimination prohibited by these Title IX 
regulations.



Sec. 17.550  Sex as a bona fide occupational qualification.

    A recipient may take action otherwise prohibited by Sec.Sec. 17.500 
through 17.550 provided it is shown that sex is a bona fide occupational 
qualification for that action, such that consideration of sex with 
regard to such action is essential to successful operation of the 
employment function concerned. A recipient shall not take action 
pursuant to this section that is based upon alleged comparative 
employment characteristics or stereotyped characterizations of one or 
the other sex, or upon preference based on sex of the recipient, 
employees, students, or other persons, but nothing contained in this 
section shall prevent a recipient from considering an employee's sex in 
relation to employment in a locker room or toilet facility used only by 
members of one sex.



                          Subpart F--Procedures



Sec. 17.600  Notice of covered programs.

    Within 60 days of March 6, 2003, each component of the Department 
that awards Federal financial assistance shall publish in the Federal 
Register a notice of the programs covered by these Title IX regulations. 
Each such component shall periodically republish the notice of covered 
programs to reflect changes in covered programs. Copies of this notice 
also shall be made available upon request to the Department's office 
that enforces Title IX.



Sec. 17.605  Enforcement procedures.

    The investigative, compliance, and enforcement procedural provisions 
of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) (``Title 
VI'') are hereby adopted and applied to these Title IX regulations. 
These procedures may be found at 6 CFR part 21.

[[Page 68]]



Sec. 17.635  Forms and instructions; coordination.

    (a) Forms and instructions. The designated agency official shall 
issue and promptly make available to interested persons forms and 
detailed instructions and procedures for effectuating these Title IX 
regulations.
    (b) Supervision and coordination. The designated agency official may 
from time to time assign to officials of the Department, or to officials 
of other departments or agencies of the Government with the consent of 
such departments or agencies, responsibilities in connection with the 
effectuation of the purposes of Title IX and these Title IX regulations 
(other than responsibility for review as provided in Sec. 17.625(e)), 
including the achievements of effective coordination and maximum 
uniformity within the Department and within the Executive Branch of the 
Government in the application of Title IX and these Title IX regulations 
to similar programs and in similar situations. Any action taken, 
determination made, or requirement imposed by an official of another 
department or agency acting pursuant to an assignment of responsibility 
under this section shall have the same effect as though such action had 
been taken by the designated official of this Department.



PART 21--NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, OR NATIONAL ORIGIN IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE DEPARTMENT 
OF HOMELAND SECURITY--Table of Contents




Sec.
21.1 Purpose.
21.3 Application.
21.4 Definitions.
21.5 Discrimination prohibited.
21.7 Assurances required.
21.9 Compliance information.
21.11 Conduct of investigations.
21.13 Procedure for effecting compliance.
21.15 Hearings.
21.17 Decisions and notices.
21.19 Judicial review.
21.21 Effect on other regulations, forms, and instructions.

Appendix A to Part 21--Activities to Which This Part Applies
Appendix B to Part 21--Activities to Which This Part Applies When a 
          Primary Objective of the Federal Financial Assistance Is To 
          Provide Employment

    Authority: 5 U.S.C. 310, 42 U.S.C. 2000d-2000d-7.

    Source: 68 FR 10904, Mar. 6, 2003, unless otherwise noted.



Sec. 21.1  Purpose.

    The purpose of this part is to effectuate the provisions of title VI 
of the Civil Rights Act of 1964 (the Act) to the end that no person in 
the United States shall, on the grounds of race, color, or national 
origin, be excluded from participation in, be denied the benefits of, or 
be otherwise subjected to discrimination under any program or activity 
receiving Federal financial assistance from the Department of Homeland 
Security. The provisions established by this part shall be effective for 
all components of the Department, including all Department components 
that are transferred to the Department, except to the extent that a 
Department component already has existing title VI regulations.



Sec. 21.3  Application.

    (a) This part applies to any program for which Federal financial 
assistance is authorized under a law administered by the Department, 
including the types of Federal financial assistance listed in appendix A 
to this part. It also applies to money paid, property transferred, or 
other Federal financial assistance extended after the effective date of 
this part pursuant to an application approved before that effective 
date. This part does not apply to:
    (1) Any Federal financial assistance by way of insurance or guaranty 
contracts;
    (2) Money paid, property transferred, or other assistance extended 
before the effective date of this part, except where such assistance was 
subject to the title VI regulations of any agency whose responsibilities 
are now exercised by this Department;
    (3) Any assistance to any individual who is the ultimate 
beneficiary; or
    (4) Any employment practice, under any such program, of any 
employer, employment agency, or labor organization, except to the extent 
described in

[[Page 69]]

Sec. 21.5(c). The fact that a type of Federal financial assistance is 
not listed in appendix A to this part shall not mean, if title VI of the 
Act is otherwise applicable, that a program is not covered. Other types 
of Federal financial assistance under statutes now in force or 
hereinafter enacted may be added to appendix A to this part.
    (b) In any program receiving Federal financial assistance in the 
form, or for the acquisition, of real property or an interest in real 
property, to the extent that rights to space on, over, or under any such 
property are included as part of the program receiving that assistance, 
the nondiscrimination requirement of this part shall extend to any 
facility located wholly or in part in that space.



Sec. 21.4  Definitions.

    Unless the context requires otherwise, as used in this part:
    (a) Applicant means a person who submits an application, request, or 
plan required to be approved by the Secretary, or designee thereof, or 
by a primary recipient, as a condition to eligibility for Federal 
financial assistance, and application means such an application, 
request, or plan.
    (b) Facility includes all or any part of structures, equipment, or 
other real or personal property or interests therein, and the provision 
of facilities includes the construction, expansion, renovation, 
remodeling, alteration or acquisition of facilities.
    (c) Federal financial assistance includes:
    (1) Grants and loans of Federal funds;
    (2) The grant or donation of Federal property and interests in 
property;
    (3) The detail of Federal personnel;
    (4) The sale and lease of, and the permission to use (on other than 
a casual or transient basis), Federal property or any interest in such 
property without consideration or at a nominal consideration, or at a 
consideration which is reduced for the purpose of assisting the 
recipient, or in recognition of the public interest to be served by such 
sale or lease to the recipient; and
    (5) Any Federal agreement, arrangement, or other contract which has 
as one of its purposes the provision of assistance.
    (d) Primary recipient means any recipient that is authorized or 
required to extend Federal financial assistance to another recipient.
    (e) Program or activity and program mean all of the operations of 
any entity described in paragraphs (e)(1) through (4) of this section, 
any part of which is extended Federal financial assistance:
    (1)(i) A department, agency, special purpose district, or other 
instrumentality of a State or of a local government; or
    (ii) The entity of such State or local government that distributes 
such assistance and each such department or agency (and each other State 
or local government entity) to which the assistance is extended, in the 
case of assistance to a State or local government;
    (2)(i) A college, university, or other postsecondary institution, or 
a public system of higher education; or
    (ii) A local educational agency (as defined in 20 U.S.C. 8801), 
system of vocational education, or other school system;
    (3)(i) An entire corporation, partnership, or other private 
organization, or an entire sole proprietorship--
    (A) If assistance is extended to such corporation, partnership, 
private organization, or sole proprietorship as a whole; or
    (B) Which is principally engaged in the business of providing 
education, health care, housing, social services, or parks and 
recreation; or
    (ii) The entire plant or other comparable, geographically separate 
facility to which Federal financial assistance is extended, in the case 
of any other corporation, partnership, private organization or sole 
proprietorship; or
    (4) Any other entity which is established by two or more of the 
entities described in paragraph (e)(1), (2), or (3) of this section.
    (f) Recipient may mean any State, territory, possession, the 
District of Columbia, or the Commonwealth of

[[Page 70]]

Puerto Rico, or any political subdivision thereof, or instrumentality 
thereof, any public or private agency, institution, or organization, or 
other entity, or any individual, in any State, territory, possession, 
the District of Columbia, or the Commonwealth of Puerto Rico, to whom 
Federal financial assistance is extended, directly or through another 
recipient, including any successor, assignee, or transferee thereof, but 
such term does not include any ultimate beneficiary.
    (g) Secretary means the Secretary of the Department of Homeland 
Security or, except in Sec. 21.17(e), any delegatee of the Secretary.



Sec. 21.5  Discrimination prohibited.

    (a) General. No person in the United States shall, on the grounds of 
race, color, or national origin be excluded from participation in, be 
denied the benefits of, or be otherwise subjected to discrimination 
under, any program to which this part applies.
    (b) Specific discriminatory actions prohibited. (1) A recipient to 
which this part applies may not, directly or through contractual or 
other arrangements, on the grounds of race, color, or national origin:
    (i) Deny a person any service, financial aid, or other benefit 
provided under the program;
    (ii) Provide any service, financial aid, or other benefit to a 
person which is different, or is provided in a different manner, from 
that provided to others under the program;
    (iii) Subject a person to segregation or separate treatment in any 
matter related to his receipt of any service, financial aid, or other 
benefit under the program;
    (iv) Restrict a person in any way in the enjoyment of any advantage 
or privilege enjoyed by others receiving any service, financial aid, or 
other benefit under the program;
    (v) Treat a person differently from others in determining whether he 
satisfies any admission, enrollment, quota, eligibility, membership, or 
other requirement or condition which persons must meet in order to be 
provided any service, financial aid, or other benefit provided under the 
program;
    (vi) Deny a person an opportunity to participate in the program 
through the provision of services or otherwise or afford him an 
opportunity to do so which is different from that afforded others under 
the program; or
    (vii) Deny a person the opportunity to participate as a member of a 
planning, advisory, or similar body which is an integral part of the 
program.
    (2) A recipient, in determining the types of services, financial 
aid, or other benefits, or facilities which will be provided under any 
such program, or the class of person to whom, or the situations in 
which, such services, financial aid, other benefits, or facilities will 
be provided under any such program, or the class of persons to be 
afforded an opportunity to participate in any such program; may not, 
directly or through contractual or other arrangements, utilize criteria 
or methods of administration which have the effect of subjecting persons 
to discrimination because of their race, color, or national origin or 
have the effect of defeating or substantially impairing accomplishment 
of the objectives of the program with respect to individuals of a 
particular race, color, or national origin.
    (3) In determining the site or location of facilities, a recipient 
or applicant may not make selections with the purpose or effect of 
excluding persons from, denying them the benefits of, or subjecting them 
to discrimination under any program to which this regulation applies, on 
the grounds of race, color, or national origin; or with the purpose or 
effect of defeating or substantially impairing the accomplishment of the 
objectives of the Act or this part.
    (4) As used in this section the services, financial aid, or other 
benefits provided under a program receiving Federal financial assistance 
include any service, financial aid, or other benefit provided in or 
through a facility provided with the aid of Federal financial 
assistance.
    (5) The enumeration of specific forms of prohibited discrimination 
in this paragraph does not limit the generality of the prohibition in 
paragraph (a) of this section.

[[Page 71]]

    (6) This part does not prohibit the consideration of race, color, or 
national origin if the purpose and effect are to remove or overcome the 
consequences of practices or impediments which have restricted the 
availability of, or participation in, the program or activity receiving 
Federal financial assistance, on the grounds of race, color, or national 
origin. Where prior discriminatory practice or usage tends, on the 
grounds of race, color, or national origin to exclude individuals from 
participation in, to deny them the benefits of, or to subject them to 
discrimination under any program or activity to which this part applies, 
the applicant or recipient must take affirmative action to remove or 
overcome the effects of the prior discriminatory practice or usage. Even 
in the absence of prior discriminatory practice or usage, a recipient in 
administering a program or activity to which this part applies, may take 
affirmative action to assure that no person is excluded from 
participation in or denied the benefits of the program or activity on 
the grounds of race, color, or national origin.
    (c) Employment practices. (1) Where a primary objective of the 
Federal financial assistance to a program to which this part applies is 
to provide employment, a recipient subject to this part shall not, 
directly or through contractual or other arrangements, subject a person 
to discrimination on the ground of race, color, or national origin in 
its employment practices under such program (including recruitment or 
recruitment advertising, hiring, firing, upgrading, promotion, demotion, 
transfer, layoff, termination, rates of pay or other forms of 
compensation or benefits, selection for training or apprenticeship, and 
use of facilities). Such recipient shall take affirmative action to 
insure that applicants are employed, and employees are treated during 
employment, without regard to their race, color, or national origin. The 
requirements applicable to construction employment under any such 
program shall be those specified in or pursuant to Part III of Executive 
Order 11246 or any Executive order which supersedes it.
    (2) Federal financial assistance to programs under laws funded or 
administered by the Department which have as a primary objective the 
providing of employment include those set forth in appendix B to this 
part.
    (3) Where a primary objective of the Federal financial assistance is 
not to provide employment, but discrimination on the grounds of race, 
color, or national origin in the employment practices of the recipient 
or other persons subject to the regulation tends, on the grounds of 
race, color, or national origin, to exclude individuals from 
participation in, deny them the benefits of, or subject them to 
discrimination under any program to which this regulation applies, the 
provisions of paragraph (c)(1) of this section shall apply to the 
employment practices of the recipient or other persons subject to the 
regulation, to the extent necessary to assure equality of opportunity 
to, and nondiscriminatory treatment of, beneficiaries.
    (d) Facility location or site. A recipient may not make a selection 
of a site or location of a facility if the purpose of that selection, or 
its effect when made, is to exclude individuals from participation in, 
to deny them the benefits of, or to subject them to discrimination under 
any program or activity to which this rule applies, on the grounds of 
race, color, or national origin; or if the purpose is to, or its effect 
when made will substantially impair the accomplishment of the objectives 
of this part.



Sec. 21.7  Assurances required.

    (a) General. (1) Every application for Federal financial assistance 
to which this part applies, except an application to which paragraph (b) 
of this section applies, and every application for Federal financial 
assistance to provide a facility shall, as a condition to its approval 
and the extension of any Federal financial assistance pursuant to the 
application, contain or be accompanied by, an assurance that the program 
will be conducted or the facility operated in compliance with all 
requirements imposed by or pursuant to this part. Every award of Federal 
financial assistance shall require the submission of such an assurance. 
In the case where the Federal financial assistance is to provide or is 
in the form of

[[Page 72]]

personal property, or real property or interest therein or structures 
thereon, the assurance shall obligate the recipient, or, in the case of 
a subsequent transfer, the transferee, for the period during which the 
property is used for a purpose for which the Federal financial 
assistance is extended or for another purpose involving the provision of 
similar services or benefits, or for as long as the recipient retains 
ownership or possession of the property, whichever is longer. In all 
other cases the assurance shall obligate the recipient for the period 
during which Federal financial assistance is extended to the program. 
The Secretary shall specify the form of the foregoing assurances, and 
the extent to which like assurances will be required of subgrantees, 
contractors and subcontractors, transferees, successors in interest, and 
other participants. Any such assurance shall include provisions which 
give the United States a right to seek its judicial enforcement.
    (2) In the case where Federal financial assistance is provided in 
the form of a transfer of real property, structures, or improvements 
thereon, or interest therein, from the Federal Government, the 
instrument effecting or recording the transfer shall contain a covenant 
running with the land assuring nondiscrimination for the period during 
which the real property is used for a purpose for which the Federal 
financial assistance is extended or for another purpose involving the 
provision of similar services or benefits. Where no transfer of property 
or interest therein from the Federal Government is involved, but 
property is acquired or improved with Federal financial assistance, the 
recipient shall agree to include such covenant in any subsequent 
transfer of such property. When the property is obtained from the 
Federal Government, such covenant may also include a condition coupled 
with a right to be reserved by the Department to revert title to the 
property in the event of a breach of the covenant where, in the 
discretion of the Secretary, such a condition and right of reverter is 
appropriate to the statute under which the real property is obtained and 
to the nature of the grant and the grantee. In such event if a 
transferee of real property proposes to mortgage or otherwise encumber 
the real property as security for financing construction of new, or 
improvement of existing, facilities on such property for the purposes 
for which the property was transferred, the Secretary may agree, upon 
request of the transferee and if necessary to accomplish such financing, 
and upon such conditions as he deems appropriate, to subordinate such 
right of reversion to the lien of such mortgage or other encumbrance.
    (b) Continuing Federal financial assistance. Every application by a 
State or a State agency for continuing Federal financial assistance to 
which this part applies (including the types of Federal financial 
assistance listed in appendix A to this part) shall as a condition to 
its approval and the extension of any Federal financial assistance 
pursuant to the application:
    (1) Contain or be accompanied by a statement that the program is 
(or, in the case of a new program, will be) conducted in compliance with 
all requirements imposed by or pursuant to this part; and
    (2) Provide or be accompanied by provision for such methods of 
administration for the program as are found by the Secretary to give 
reasonable guarantee that the applicant and all recipients of Federal 
financial assistance under such program will comply with all 
requirements imposed by or pursuant to this part.
    (c) Assurance from institutions. (1) In the case of any application 
for Federal financial assistance to an institution of higher education 
(including assistance for construction, for research, for special 
training projects, for student loans or for any other purpose), the 
assurance required by this section shall extend to admission practices 
and to all other practices relating to the treatment of students.
    (2) The assurance required with respect to an institution of higher 
education, hospital, or any other institution, insofar as the assurance 
relates to the institution's practices with respect to admission or 
other treatment of individuals as students, patients, or clients of the 
institution or to the opportunity to participate in the provision

[[Page 73]]

of services or other benefits to such individuals, shall be applicable 
to the entire institution.



Sec. 21.9  Compliance information.

    (a) Cooperation and assistance. The Secretary shall to the fullest 
extent practicable seek the cooperation of recipients in obtaining 
compliance with this part and shall provide assistance and guidance to 
recipients to help them comply voluntarily with this part.
    (b) Compliance reports. Each recipient shall keep such records and 
submit to the Secretary timely, complete, and accurate compliance 
reports at such times, and in such form and containing such information, 
as the Secretary may determine to be necessary to enable him to 
ascertain whether the recipient has complied or is complying with this 
part. In the case in which a primary recipient extends Federal financial 
assistance to any other recipient, such other recipient shall also 
submit such compliance reports to the primary recipient as may be 
necessary to enable the primary recipient to carry out its obligations 
under this part. In general, recipients should have available for the 
Secretary racial and ethnic data showing the extent to which members of 
minority groups are beneficiaries of programs receiving Federal 
financial assistance.
    (c) Access to sources of information. Each recipient shall permit 
access by the Secretary during normal business hours to such of its 
books, records, accounts, and other sources of information, and its 
facilities as may be pertinent to ascertain compliance with this part. 
Where any information required of a recipient is in the exclusive 
possession of any other agency, institution, or person and this agency, 
institution, or person fails or refuses to furnish this information, the 
recipient shall so certify in its report and shall set forth what 
efforts it has made to obtain the information.
    (d) Information to beneficiaries and participants. Each recipient 
shall make available to participants, beneficiaries, and other 
interested persons such information regarding the provisions of this 
part and its applicability to the program for which the recipient 
receives Federal financial assistance, and make such information 
available to them in such manner, as the Secretary finds necessary to 
apprise such persons of the protections against discrimination assured 
them by the Act and this part.



Sec. 21.11  Conduct of investigations.

    (a) Periodic compliance reviews. The Secretary shall from time to 
time review the practices of recipients to determine whether they are 
complying with this part.
    (b) Complaints. Any person who believes that he or she, or any 
specific class of persons, has been subjected to discrimination 
prohibited by this part may by himself or herself, or by a 
representative, file with the Secretary a written complaint. A complaint 
must be filed not later than 180 days after the date of the alleged 
discrimination, unless the time for filing is extended by the Secretary.
    (c) Investigations. The Secretary will make a prompt investigation 
whenever a compliance review, report, complaint, or any other 
information indicates a possible failure to comply with this part. The 
investigation will include, where appropriate, a review of the pertinent 
practices and policies of the recipient, the circumstances under which 
the possible noncompliance with this part occurred, and other factors 
relevant to a determination as to whether the recipient has failed to 
comply with this part.
    (d) Resolution of matters. (1) If an investigation pursuant to 
paragraph (c) of this section indicates a failure to comply with this 
part, the Secretary will so inform the recipient and the matter will be 
resolved by informal means whenever possible. If it has been determined 
that the matter cannot be resolved by informal means, action will be 
taken as provided for in Sec. 21.13.
    (2) If an investigation does not warrant action pursuant to 
paragraph (d)(1) of this section the Secretary will so inform the 
recipient and the complainant, if any, in writing.
    (e) Intimidatory or retaliatory acts prohibited. No recipient or 
other person shall intimidate, threaten, coerce, or discriminate against 
any individual for the purpose of interfering with any

[[Page 74]]

right or privilege secured by section 601 of the Act or this part, or 
because he has made a complaint, testified, assisted, or participated in 
any manner in an investigation, proceeding, or hearing under this part. 
The identity of complainants shall be kept confidential except to the 
extent necessary to carry out the purposes of this part, including the 
conduct of any investigation, hearing, or judicial proceeding arising 
thereunder.



Sec. 21.13  Procedure for effecting compliance.

    (a) General. If there appears to be a failure or threatened failure 
to comply with this part, and if the noncompliance or threatened 
noncompliance cannot be corrected by informal means, compliance with 
this part may be effected by the suspension or termination of or refusal 
to grant or to continue Federal financial assistance or by any other 
means authorized by law. Such other means may include, but are not 
limited to:
    (1) A referral to the Department of Justice with a recommendation 
that appropriate proceedings be brought to enforce any rights of the 
United States under any law of the United States (including other titles 
of the Act), or any assurance or other contractual undertaking; and
    (2) Any applicable proceeding under State or local law.
    (b) Noncompliance with Sec. 21.7. If an applicant fails or refuses 
to furnish an assurance required under Sec. 21.7 or otherwise fails or 
refuses to comply with a requirement imposed by or pursuant to that 
section, Federal financial assistance may be refused in accordance with 
the procedures of paragraph (c) of this section. The Department shall 
not be required to provide assistance in such a case during the pendency 
of the administrative proceedings under such paragraph. However, subject 
to Sec. 21.21, the Department shall continue assistance during the 
pendency of such proceedings where such assistance is due and payable 
pursuant to an application approved prior to the effective date of this 
part.
    (c) Termination of or refusal to grant or to continue Federal 
financial assistance. (1) No order suspending, terminating, or refusing 
to grant or continue Federal financial assistance shall become effective 
until:
    (i) The Secretary has advised the applicant or recipient of his 
failure to comply and has determined that compliance cannot be secured 
by voluntary means;
    (ii) There has been an express finding on the record, after 
opportunity for hearing, of a failure by the applicant or recipient to 
comply with a requirement imposed by or pursuant to this part;
    (iii) The action has been approved by the Secretary pursuant to Sec. 
21.17(e); and
    (iv) The expiration of 30 days after the Secretary has filed with 
the committee of the House and the committee of the Senate having 
legislative jurisdiction over the program involved, a full written 
report of the circumstances and the grounds for such action.
    (2) Any action to suspend or terminate or to refuse to grant or to 
continue Federal financial assistance shall be limited to the particular 
political entity, or part thereof, or other applicant or recipient as to 
whom such a finding has been made and shall be limited in its effect to 
the particular program, or part thereof, in which such noncompliance has 
been so found.
    (d) Other means authorized by law. No action to effect compliance 
with title VI of the Act by any other means authorized by law shall be 
taken by this Department until:
    (1) The Secretary has determined that compliance cannot be secured 
by voluntary means;
    (2) The recipient or other person has been notified of its failure 
to comply and of the action to be taken to effect compliance; and
    (3) The expiration of at least 10 days from the mailing of such 
notice to the recipient or other person. During this period of at least 
10 days, additional efforts shall be made to persuade the recipient or 
other person to comply with the regulation and to take such corrective 
action as may be appropriate.



Sec. 21.15  Hearings.

    (a) Opportunity for hearing. Whenever an opportunity for a hearing 
is required by Sec. 21.13(c), reasonable notice shall be given by 
registered or certified

[[Page 75]]

mail, return receipt requested, to the affected applicant or recipient. 
This notice shall advise the applicant or recipient of the action 
proposed to be taken, the specific provision under which the proposed 
action against it is to be taken, and the matters of fact or law 
asserted as the basis for this action, and either:
    (1) Fix a date not less than 20 days after the date of such notice 
within which the applicant or recipient may request of the Secretary 
that the matter be scheduled for hearing; or
    (2) Advise the applicant or recipient that the matter in question 
has been set down for hearing at a stated place and time. The time and 
place so fixed shall be reasonable and shall be subject to change for 
cause. The complainant, if any, shall be advised of the time and place 
of the hearing. An applicant or recipient may waive a hearing and submit 
written information and argument for the record. The failure of an 
applicant or recipient to request a hearing under this paragraph or to 
appear at a hearing for which a date has been set shall be deemed to be 
a waiver of the right to a hearing under section 602 of the Act and Sec. 
21.13(c) and consent to the making of a decision on the basis of such 
information as is available.
    (b) Time and place of hearing. Hearings shall be held at the offices 
of the Department in Washington, DC, at a time fixed by the Secretary 
unless he determines that the convenience of the applicant or recipient 
or of the Department requires that another place be selected. Hearings 
shall be held before the Secretary, or at his discretion, before a 
hearing examiner appointed in accordance with section 3105 of title 5, 
United States Code, or detailed under section 3344 of title 5, United 
States Code.
    (c) Right to counsel. In all proceedings under this section, the 
applicant or recipient and the Department shall have the right to be 
represented by counsel.
    (d) Procedures, evidence, and record. (1) The hearing, decision, and 
any administrative review thereof shall be conducted in conformity with 
sections 554 through 557 of title 5, United States Code, and in 
accordance with such rules of procedure as are proper (and not 
inconsistent with this section) relating to the conduct of the hearing, 
giving of notices subsequent to those provided for in paragraph (a) of 
this section, taking of testimony, exhibits, arguments and briefs, 
requests for findings, and other related matters. Both the Department 
and the applicant or recipient shall be entitled to introduce all 
relevant evidence on the issues as stated in the notice for hearing or 
as determined by the officer conducting the hearing at the outset of or 
during the hearing.
    (2) Technical rules of evidence do not apply to hearings conducted 
pursuant to this part, but rules or principles designed to assure 
production of the most credible evidence available and to subject 
testimony to test by cross-examination shall be applied where reasonably 
necessary by the officer conducting the hearing. The hearing officer may 
exclude irrelevant, immaterial, or unduly repetitious evidence. All 
documents and other evidence offered or taken for the record shall be 
open to examination by the parties and opportunity shall be given to 
refute facts and arguments advanced on either side of the issues. A 
transcript shall be made of the oral evidence except to the extent the 
substance thereof is stipulated for the record. All decisions shall be 
based upon the hearing record and written findings shall be made.
    (e) Consolidated or joint hearings. In cases in which the same or 
related facts are asserted to constitute noncompliance with this part 
with respect to two or more Federal statutes, authorities, or other 
means by which Federal financial assistance is extended and to which 
this part applies, or noncompliance with this part and the regulations 
of one or more other Federal departments or agencies issued under title 
VI of the Act, the Secretary may, by agreement with such other 
departments or agencies, where applicable, provide for the conduct of 
consolidated or joint hearings, and for the application to such hearings 
of rules or procedures not inconsistent with this part. Final decisions 
in such cases, insofar as this regulation is concerned, shall be made in 
accordance with Sec. 21.17.

[[Page 76]]



Sec. 21.17  Decisions and notices.

    (a) Procedure on decisions by hearing examiner. If the hearing is 
held by a hearing examiner, the hearing examiner shall either make an 
initial decision, if so authorized, or certify the entire record 
including his recommended findings and proposed decision to the 
Secretary for a final decision, and a copy of such initial decision or 
certification shall be mailed to the applicant or recipient. Where the 
initial decision is made by the hearing examiner the applicant or 
recipient may, within 30 days after the mailing of such notice of 
initial decision, file with the Secretary his exceptions to the initial 
decision, with his reasons therefor. In the absence of exceptions, the 
Secretary may, on his own motion, within 45 days after the initial 
decision, serve on the applicant or recipient a notice that he will 
review the decision. Upon the filing of such exceptions or of notice of 
review, the Secretary shall review the initial decision and issue his 
own decision thereon including the reasons therefor. In the absence of 
either exceptions or a notice of review the initial decision shall, 
subject to paragraph (e) of this section, constitute the final decision 
of the Secretary.
    (b) Decisions on record or review by the Secretary. Whenever a 
record is certified to the Secretary for decision or he reviews the 
decision of a hearing examiner pursuant to paragraph (a) of this 
section, or whenever the Secretary conducts the hearing, the applicant 
or recipient shall be given reasonable opportunity to file with him 
briefs or other written statements of its contentions, and a written 
copy of the final decision of the Secretary shall be sent to the 
applicant or recipient and to the complainant, if any.
    (c) Decisions on record where a hearing is waived. Whenever a 
hearing is waived pursuant to Sec. 21.15, a decision shall be made by 
the Secretary on the record and a written copy of such decision shall be 
sent to the applicant or recipient, and to the complainant, if any.
    (d) Rulings required. Each decision of a hearing examiner or the 
Secretary shall set forth his ruling on each finding, conclusion, or 
exception presented, and shall identify the requirement or requirements 
imposed by or pursuant to this part with which it is found that the 
applicant or recipient has failed to comply.
    (e) Approval by Secretary. Any final decision by an official of the 
Department, other than the Secretary personally, which provides for the 
suspension or termination of, or the refusal to grant or continue 
Federal financial assistance, or the imposition of any other sanction 
available under this part or the Act, shall promptly be transmitted to 
the Secretary personally, who may approve such decision, may vacate it, 
or remit or mitigate any sanction imposed.
    (f) Content of orders. The final decision may provide for suspension 
or termination of, or refusal to grant or continue Federal financial 
assistance, in whole or in part, to which this regulation applies, and 
may contain such terms, conditions, and other provisions as are 
consistent with and will effectuate the purposes of the Act and this 
part, including provisions designed to assure that no Federal financial 
assistance to which this regulation applies will thereafter be extended 
to the applicant or recipient determined by such decision to be in 
default in its performance of an assurance given by it pursuant to this 
part, or to have otherwise failed to comply with this part, unless and 
until it corrects its noncompliance and satisfies the Secretary that it 
will fully comply with this part.
    (g) Post termination proceedings. (1) An applicant or recipient 
adversely affected by an order issued under paragraph (f) of this 
section shall be restored to full eligibility to receive Federal 
financial assistance if it satisfies the terms and conditions of that 
order for such eligibility or if it brings itself into compliance with 
this part and provides reasonable assurance that it will fully comply 
with this part.
    (2) Any applicant or recipient adversely affected by an order 
entered pursuant to paragraph (f) of this section may at any time 
request the Secretary to restore fully its eligibility to receive 
Federal financial assistance. Any such request shall be supported by 
information showing that the applicant or recipient has met the 
requirements of paragraph (g)(1) of this section. If the Secretary 
determines that those

[[Page 77]]

requirements have been satisfied, he shall restore such eligibility.
    (3) If the Secretary denies any such request, the applicant or 
recipient may submit a request for a hearing in writing, specifying why 
it believes such official to have been in error. It shall thereupon be 
given an expeditious hearing, with a decision on the record in 
accordance with rules or procedures issued by the Secretary. The 
applicant or recipient will be restored to such eligibility if it proves 
at such a hearing that it satisfied the requirements of paragraph (g)(1) 
of this section. While proceedings under this paragraph are pending, the 
sanctions imposed by the order issued under paragraph (f) of this 
section shall remain in effect.



Sec. 21.19  Judicial review.

    Action taken pursuant to section 602 of the Act is subject to 
judicial review as provided in section 603 of the Act.



Sec. 21.21  Effect on other regulations, forms, and instructions.

    (a) Effect on other regulations. All regulations, orders, or like 
directions issued before the effective date of this part by any officer 
of the Department which impose requirements designed to prohibit any 
discrimination against individuals on the grounds of race, color, or 
national origin under any program to which this part applies, and which 
authorize the suspension or termination of or refusal to grant or to 
continue Federal financial assistance to any applicant for a recipient 
of such assistance for failure to comply with such requirements, are 
hereby superseded to the extent that such discrimination is prohibited 
by this part, except that nothing in this part may be considered to 
relieve any person of any obligation assumed or imposed under any such 
superseded regulation, order, instruction, or like direction before the 
effective date of this part. Nothing in this part, however, supersedes 
any of the following (including future amendments thereof):
    (1) Executive Order 11246 (3 CFR, 1965 Supp., p. 167) and 
regulations issued thereunder; or
    (2) Any other orders, regulations, or instructions, insofar as such 
orders, regulations, or instructions prohibit discrimination on the 
ground of race, color, or national origin in any program or situation to 
which this part is inapplicable, or prohibit discrimination on any other 
ground.
    (b) Forms and instructions. The Secretary shall issue and promptly 
make available to all interested persons forms and detailed instructions 
and procedures for effectuating this part as applied to programs to 
which this part applies and for which he is responsible.
    (c) Supervision and coordination. The Secretary may from time to 
time assign to officials of the Department, or to officials of other 
departments or agencies of the Government with the consent of such 
departments or agencies, responsibilities in connection with the 
effectuation of the purposes of title VI of the Act and this part (other 
than responsibility for final decision as provided in Sec. 21.17), 
including the achievement of effective coordination and maximum 
uniformity within the Department and within the Executive Branch of the 
Government in the application of title VI and this part to similar 
programs and in similar situations. Any action taken, determination made 
or requirement imposed by an official of another department or agency 
acting pursuant to an assignment of responsibility under this paragraph 
shall have the same effect as though such action had been taken by the 
Secretary of this Department.

      Appendix A to Part 21--Activities to Which This Part Applies

    Note: Failure to list a type of Federal assistance in appendix A 
shall not mean, if title VI is otherwise applicable, that a program is 
not covered.
    1. Lease of real property and the grant of permits, licenses, 
easements and rights-of-way covering real property under control of the 
U.S. Coast Guard (14 U.S.C. 93 (n) and (o)).
    2. Utilization of U.S. Coast Guard personnel and facilities by any 
State, territory, possession, or political subdivision thereof (14 
U.S.C. 141(a)).
    3. Use of U.S. Coast Guard personnel for duty in connection with 
maritime instruction and training by the States, territories, and the 
Commonwealth of Puerto Rico (14 U.S.C. 148).
    4. Use of obsolete and other U.S. Coast Guard material by sea scout 
service of Boy Scouts of America, any incorporated unit of

[[Page 78]]

the U.S. Coast Guard auxiliary, and public body or private organization 
not organized for profit (14 U.S.C. 641(a)).
    5. U.S. Coast Guard Auxiliary Program (14 U.S.C. 821-832).
    6. U.S. Coast Guard Boating Safety Financial Assistance program.
    7. U.S. Coast Guard State Access to Oil Spill Liability Trust Fund.
    8. U.S. Coast Guard Bridge Alteration.
    9. Use of Customs personnel and facilities by any State, territory, 
possession, or political subdivision thereof.
    10. Use of Customs personnel for duty in connection with instruction 
and training by the States, territories and the Commonwealth of Puerto 
Rico.
    11. Grants to educational institutions, associations, States, or 
other entities for research, analysis, or programs or strategies 
relating to trade issues.

  Appendix B to Part 21--Activities to Which This Part Applies When a 
  Primary Objective of the Federal Financial Assistance is To Provide 
                               Employment

    Note: Failure to list a type of Federal assistance in appendix B 
shall not mean, if title VI is otherwise applicable, that a program is 
not covered.
[Reserved]



PART 25--REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES--Table of Contents




Sec.
25.1 Purpose.
25.2 Delegation.
25.3 Designation of qualified anti-terrorism technologies.
25.4 Obligations of seller.
25.5 Procedures for designation of qualified anti-terrorism 
          technologies.
25.6 Government contractor defense.
25.7 Procedures for certification of approved products for homeland 
          security.
25.8 Confidentiality and protection of intellectual property.
25.9 Definitions.

    Authority: Subtitle G, Title VIII, Pub. L. 107-296, 116 Stat. 2238 
(6 U.S.C. 441-444).

    Source: 68 FR 59698, Oct. 16, 2003, unless otherwise noted.



Sec. 25.1  Purpose.

    This part implements the Support Anti-terrorism by Fostering 
Effective Technologies Act of 2002, Subtitle G of Title VIII of Public 
Law 107-296 (``the SAFETY Act'' or ``the Act'').



Sec. 25.2  Delegation.

    All of the Secretary's responsibilities, powers, and functions under 
the SAFETY Act may be exercised by the Under Secretary for Science and 
Technology of the Department of Homeland Security (``the Under 
Secretary'') or the Under Secretary's designees.



Sec. 25.3  Designation of qualified anti-terrorism technologies.

    (a) General. The Under Secretary may designate as a qualified anti-
terrorism technology for purposes of protections set forth in Subtitle G 
of Title VIII of Public Law 107-296 any qualifying product, equipment, 
service (including support services), device, or technology (including 
information technology) designed, developed, modified, or procured for 
the specific purpose of preventing, detecting, identifying, or deterring 
acts of terrorism or limiting the harm such acts might otherwise cause.
    (b) Criteria to be considered. In determining whether to grant the 
designation under paragraph (a) (a ``Designation''), the Under Secretary 
may exercise discretion and judgment in interpreting and weighting the 
following criteria in each case:
    (1) Prior United States Government use or demonstrated substantial 
utility and effectiveness.
    (2) Availability of the technology for immediate deployment in 
public and private settings.
    (3) Existence of extraordinarily large or extraordinarily 
unquantifiable potential third party liability risk exposure to the 
Seller or other provider of such anti-terrorism technology.
    (4) Substantial likelihood that such anti-terrorism technology will 
not be deployed unless protections under the system of risk management 
provided under 6 U.S.C. 441-444 are extended.
    (5) Magnitude of risk exposure to the public if such anti-terrorism 
technology is not deployed.
    (6) Evaluation of all scientific studies that can be feasibly 
conducted in order to assess the capability of the technology to 
substantially reduce risks of harm.

[[Page 79]]

    (7) Anti-terrorism technology that would be effective in 
facilitating the defense against acts of terrorism, including 
technologies that prevent, defeat or respond to such acts.
    (8) Any other factor that the Under Secretary may consider to be 
relevant to the determination or to the homeland security of the United 
States.
    (c) Use of standards. From time to time the Under Secretary may 
develop, issue, revise, and adopt technical standards for various 
categories of anti-terrorism technologies. Such standards will be 
published by the Department at http://www.dhs.gov, and copies may also 
be obtained by mail by sending a request to: Directorate of Science and 
Technology, SAFETY Act/room 4320, Department of Homeland Security, 
Washington, DC 20528. Compliance with any such standards that are 
applicable to a particular anti-terrorism technology may be considered 
before any Designation will be granted for such technology under 
paragraph (a) of this section; in such cases, the Under Secretary may 
consider test results produced by an independent laboratory or other 
entity engaged to test or verify the safety, utility, performance, or 
effectiveness of such technology.
    (d) Consideration of substantial equivalence. In determining whether 
a particular technology satisfies the criteria in paragraph (b) and 
complies with any applicable standards referenced in paragraph (c), the 
Under Secretary may take into consideration evidence that the technology 
is substantially equivalent to other, similar technologies (``predicate 
technologies'') that have been previously designated as ``qualified 
anti-terrorism technologies'' under the SAFETY Act. A technology may be 
deemed to be substantially equivalent to a predicate technology if:
    (1) It has the same intended use as the predicate technology; and
    (2) It has the same or substantially similar technological 
characteristics as the predicate technology.
    (e) Duration and depth of review. Recognizing the urgency of certain 
security measures, the Under Secretary will make a judgment regarding 
the duration and depth of review appropriate for a particular 
technology. This review will include submissions by the applicant for 
SAFETY Act coverage, along with information that the Under Secretary can 
feasibly gather from other sources. For technologies with which a 
Federal, state, or local government agency already has substantial 
experience or data (through the procurement process or through prior use 
or review), the review may rely in part upon that prior experience and, 
thus, may be expedited. The Under Secretary may consider any scientific 
studies, testing, field studies, or other experience with the technology 
that he deems appropriate and that are available or can be feasibly 
conducted or obtained in order to assess the capability of the 
technology to substantially reduce risks of harm. Such studies may, in 
the Under Secretary's discretion, include:
    (1) Public source studies;
    (2) Classified and otherwise confidential studies;
    (3) Studies, tests, or other performance records or data provided by 
or available to the producer of the specific technology; and
    (4) Proprietary studies that are available to the Under Secretary.

In considering whether or the extent to which it is feasible to defer a 
decision on a Designation until additional scientific studies can be 
conducted on a particular technology, the Under Secretary will bring to 
bear his or her expertise concerning the protection of the security of 
the American homeland and will consider the urgency of the need for the 
technology.
    (f) Content of Designation. A Designation shall specify the 
technology, the Seller(s) of the technology, and the earliest date of 
sale of the technology to which the Designation shall apply (which shall 
be determined by the Under Secretary in his or her discretion, and may 
be prior to, but shall not be later than, the effective date of the 
Designation). The Designation may, but need not, also specify others who 
are required to be covered by the liability insurance required to be 
purchased by the Seller. The Designation shall include the Under 
Secretary's certification required by Sec. 25.4(h). The Designation may 
also include such other

[[Page 80]]

specifications as the Under Secretary may deem to be appropriate, 
including, but not limited to, specific applications of the technology, 
materials or processes required to be used in producing or using the 
technology, restrictions on transfer or licensing, and training and 
instructions required to be provided to persons involved in the 
deployment of the technology. Failure to specify a covered person or 
entity in a Designation will not preclude application of the Act's 
protections to that person or entity.
    (g) Government procurements. The Under Secretary may coordinate a 
SAFETY Act review in connection with a Federal, state, or local 
government agency procurement of an anti-terrorism technology in any 
manner he or she deems appropriate and consistent with the Act and other 
applicable laws.
    (h) Pre-application consultations. To the extent that he or she 
deems it appropriate, the Under Secretary may consult with potential 
SAFETY Act applicants regarding the need for or advisability of 
particular types of anti-terrorism technologies, although no pre-
approval of any particular technology may be given. Such potential 
applicants may request such consultations through the Pre-Application 
process set forth in the SAFETY Act Application Kit. The confidentiality 
provisions in Sec. 25.8 shall be applicable to such consultations.



Sec. 25.4  Obligations of seller.

    (a) Liability insurance required. The Seller shall obtain liability 
insurance of such types and in such amounts as shall be required in the 
applicable Designation, which shall be the amounts and types certified 
by the Under Secretary to satisfy otherwise compensable third-party 
claims arising out of, relating to, or resulting from an act of 
terrorism when qualified anti-terrorism technologies have been deployed 
in defense against, response to, or recovery from, such act. 
Notwithstanding the foregoing, if the Under Secretary determines that 
insurance in appropriate amounts or of appropriate types is not 
available for a particular technology, the Under Secretary may authorize 
a Seller to self-insure and prescribe the amount and terms of the 
Seller's liability in the applicable Designation, which amount and terms 
shall be such as will not unreasonably distort the sales price of the 
Seller's anti-terrorism technology. The Under Secretary may request at 
any time (before or after the insurance certification process 
established under this section) that the Seller or any other provider of 
qualified anti-terrorism technology submit any information that would:
    (1) Assist in determining the amount of liability insurance 
required, or
    (2) Show that the Seller or any other provider of qualified anti-
terrorism technology otherwise has met all the requirements of this 
section.
    (b) Maximum Amount. For the total claims related to one act of 
terrorism, in determining the required amounts and types of liability 
insurance that the Seller will be required to obtain, the Under 
Secretary shall not require the Seller to obtain liability insurance of 
more than the maximum amount of liability insurance reasonably available 
from private sources on the world market at prices and terms that will 
not unreasonably distort the sales price of the Seller's anti-terrorism 
technology. The Under Secretary will determine the amount of liability 
insurance required for each technology, or, to the extent feasible and 
appropriate, a particular group of technologies. The Under Secretary or 
his designee may find that--notwithstanding the level of risk exposure 
for a particular technology, or group of technologies--the maximum 
amount of liability insurance from private sources on the world market 
is set at a price or contingent on terms that will unreasonably distort 
the sales price of a Seller's technology, thereby necessitating 
liability insurance coverage below the maximum amount available. In 
determining the amount of liability insurance required, the Under 
Secretary may consider any factor, including, but not limited to, the 
following:
    (1) The particular technology at issue;
    (2) The amount of liability insurance the Seller maintained prior to 
application;
    (3) The amount of liability insurance maintained by the Seller for 
other

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technologies or for the Seller's business as a whole;
    (4) The amount of liability insurance typically maintained by 
sellers of comparable technologies;
    (5) Information regarding the amount of liability insurance offered 
on the world market;
    (6) Data and history regarding mass casualty losses;
    (7) The intended use of the technology;
    (8) The possible effects of the cost of insurance on the price of 
the product, and the possible consequences thereof for development, 
production, or deployment of the technology; and
    (9) In the case of a Seller seeking approval to self-insure, the 
factors described in 48 CFR 28.308(d).
    (c) Scope of coverage. Liability insurance required to be obtained 
(or self-insurance required) pursuant to this section shall, in addition 
to the Seller, protect the following, to the extent of their potential 
liability for involvement in the manufacture, qualification, sale, use, 
or operation of qualified anti-terrorism technologies deployed in 
defense against, response to, or recovery from, an act of terrorism:
    (1) Contractors, subcontractors, suppliers, vendors and customers of 
the Seller.
    (2) Contractors, subcontractors, suppliers, and vendors of the 
customer.
    (d) Third party claims. Any liability insurance required to be 
obtained (or self-insurance required) pursuant to this section shall 
provide coverage against third party claims arising out of, relating to, 
or resulting from an act of terrorism when the applicable qualified 
anti-terrorism technologies have been deployed in defense against, 
response to, or recovery from such act.
    (e) Reciprocal waiver of claims. The Seller shall enter into a 
reciprocal waiver of claims with its contractors, subcontractors, 
suppliers, vendors, and customers, and contractors and subcontractors of 
the customers, involved in the manufacture, sale, use, or operation of 
qualified anti-terrorism technologies, under which each party to the 
waiver agrees to be responsible for losses, including business 
interruption losses, that it sustains, or for losses sustained by its 
own employees resulting from an activity resulting from an act of 
terrorism when qualified anti-terrorism technologies have been deployed 
in defense against, response to, or recovery from such act. 
Notwithstanding the foregoing, if the Seller has used diligent efforts 
in good faith to obtain all required reciprocal waivers, then obtaining 
such waivers shall not be a condition precedent or subsequent for, nor 
shall the failure to obtain one or more of such waivers adversely 
affect, the issuance, validity, effectiveness, duration, or 
applicability of a Designation or a Certification. Nothing in this 
paragraph (e) shall be interpreted to render the failure to obtain one 
or more of such waivers a condition precedent or subsequent for the 
issuance, validity, effectiveness, duration, or applicability of a 
Designation or a Certification.
    (f) Extent of liability. Liability for all claims against a Seller 
arising out of, relating to, or resulting from an act of terrorism when 
such Seller's qualified anti-terrorism technology has been deployed in 
defense against, response to, or recovery from such act in accordance 
with the applicable Designation and such claims result or may result in 
loss to the Seller, whether for compensatory or punitive damages or for 
contribution or indemnity, shall not be in an amount greater than the 
limits of liability insurance coverage required to be maintained by the 
Seller under this Section, or, in the case of a Seller authorized by the 
Under Secretary to self-insure pursuant to this Section, shall not be in 
an amount greater than the liability limit prescribed by the Under 
Secretary in the applicable Designation.
    (1) In addition, in any action brought under Section 863 of the Act 
for damages:
    (i) No punitive damages intended to punish or deter, exemplary 
damages, or other damages not intended to compensate a plaintiff for 
actual losses may be awarded, nor shall any party be liable for interest 
prior to the judgment,
    (ii) Noneconomic damages may be awarded against a defendant only in 
an amount directly proportional to the percentage of responsibility of 
such defendant for the harm to the plaintiff,

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and no plaintiff may recover noneconomic damages unless the plaintiff 
suffered physical harm, and
    (iii) any recovery by a plaintiff shall be reduced by the amount of 
collateral source compensation, if any, that the plaintiff has received 
or is entitled to receive as a result of such acts of terrorism that 
result or may result in loss to the Seller.
    (2) Without prejudice to the authority of the Under Secretary to 
terminate a Designation pursuant to paragraph (h) of this Section, such 
liability limitations and reductions shall apply in perpetuity to all 
deployments of a qualified anti-terrorism technology that occur on or 
after the effective date of the Designation applicable to such 
technology in defense against, response to, or recovery from any act of 
terrorism, regardless of whether any liability insurance coverage 
required to be obtained by the Seller is actually maintained or not, 
provided that the sale of such technology was consummated by the Seller 
on or after the earliest date of sale of such technology specified in 
such Designation (which shall be determined by the Under Secretary in 
his or her discretion, and may be prior to, but shall not be later than, 
such effective date) and prior to the expiration or termination of such 
Designation.
    (g) Information to be submitted by the Seller. As part of any 
application for a Designation, the Seller shall provide a statement, 
executed by a duly authorized representative of the Seller, of all 
liability insurance coverage applicable to third-party claims arising 
out of, relating to, or resulting from an act of terrorism when the 
Seller's qualified anti-terrorism technology has been deployed in 
defense against, response to, or recovery from such act, including:
    (1) Names of insurance companies, policy numbers, and expiration 
dates;
    (2) A description of the types and nature of such insurance 
(including the extent to which the Seller is self-insured or intends to 
self-insure);
    (3) Dollar limits per occurrence and annually of such insurance, 
including any applicable sublimits;
    (4) Deductibles or self-insured retentions, if any, that are 
applicable;
    (5) Any relevant exclusions from coverage under such policies;
    (6) The price for such insurance, if available, and the per-unit 
amount or percentage of such price directly related to liability 
coverage for the Seller's qualified anti-terrorism technology deployed 
in defense against, or response to, or recovery from an act of terror;
    (7) Where applicable, whether the liability insurance, in addition 
to the Seller, protects contractors, subcontractors, suppliers, vendors 
and customers of the Seller and contractors, subcontractors, suppliers, 
vendors and customers of the customer to the extent of their potential 
liability for involvement in the manufacture, qualification, sale, use 
or operation of Qualified Anti-terrorism Technologies deployed in 
defense against, response to, or recovery from an act of terrorism;
    (8) Any limitations on such liability insurance; and
    (9) In the case of a Seller seeking approval to self-insure, all of 
the information described in 48 CFR 28.308(a)(1) through (10).
    (h) Under Secretary's certification. For each qualified anti-
terrorism technology, the Under Secretary shall certify the amount of 
insurance required under Section 864 of the Act. The Under Secretary 
shall include the certification under this section as a part of the 
applicable Designation. The certification may specify a period of time 
for which the certification will apply. The Seller of a qualified anti-
terrorism technology may at any time petition the Under Secretary for a 
revision or termination of the certification under this section. The 
Under Secretary or his designee may at any time request information from 
the Seller regarding the insurance maintained by the Seller or the 
amount of insurance available to the Seller.
    (i) Seller's continuing obligations. Within 30 days after the Under 
Secretary's certification required by paragraph (h), and within 30 days 
after each subsequent anniversary of the issuance of a Designation, the 
Seller shall certify to the Under Secretary that the Seller has 
maintained the insurance required by such certification. The Under

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Secretary may terminate a Designation if the Seller fails to provide the 
certification required by this paragraph or provides a false 
certification. The Under Secretary may also consider such failure to 
provide the certification or provision of a false certification when 
reviewing future applications from the same Seller. The Seller must also 
notify the Under Secretary of any changes in types or amounts of 
liability insurance coverage for any qualified anti-terrorism 
technology.



Sec. 25.5  Procedures for designation of qualified anti-terrorism technologies.

    (a) Application procedure. Any Seller seeking a designation shall 
submit information supporting such request to the Assistant Secretary 
for Plans, Programs, and Budget of the Department of Homeland Security 
Directorate of Science and Technology (``the Assistant Secretary''), or 
such other official of such Directorate as may be designated from time 
to time by the Under Secretary. The Under Secretary shall make 
application forms available at http://www.dhs.gov and by mail upon 
request sent to: Directorate of Science and Technology, SAFETY Act/room 
4320, Department of Homeland Security, Washington, DC 20528.
    (b) Initial notification. Within 30 days after receipt of an 
Application for a Designation, the Assistant Secretary or his or her 
designee shall notify the applicant in writing that:
    (1) The Application is complete and will be reviewed, or
    (2) That the Application is incomplete, in which case the missing or 
incomplete parts will be specified.
    (c) Review process. The Assistant Secretary or his or her designee 
will review each complete Application and any included supporting 
materials. In performing this function, the Assistant Secretary or his 
or her designee may, but is not required to:
    (1) Request additional information from the Seller;
    (2) Meet with representatives of the Seller;
    (3) Consult with, and rely upon the expertise of, any other Federal 
or nonfederal entity;
    (4) Perform studies or analyses of the technology or the insurance 
market for such technology; and
    (5) Seek information from insurers regarding the availability of 
insurance for such technology.
    (d) Recommendation of the Assistant Secretary. (1) Within 90 days 
after receipt of a complete Application for a Designation, the Assistant 
Secretary shall make one of the following recommendations to the Under 
Secretary regarding such Application:
    (i) That the Application be approved and a Designation be issued to 
the Seller;
    (ii) That the Seller be notified that the technology is potentially 
eligible for a Designation, but that additional specified information is 
needed before a decision may be reached; or
    (iii) That the Application be denied.
    (2) If approval is recommended, the recommendation shall include a 
recommendation regarding the certification required by Sec. 25.4(h). The 
Assistant Secretary may extend the time period beyond 90 days upon 
notice to the Seller; the Assistant Secretary is not required to provide 
a reason or cause for such extension.
    (e) Action by the Under Secretary. Within 30 days after receiving a 
recommendation from the Assistant Secretary pursuant to paragraph (d) of 
this section, the Under Secretary shall take one of the following 
actions:
    (1) Approve the Application and issue an appropriate Designation to 
the Seller, which shall include the certification required by 
Sec.25.4(h);
    (2) Notify the Seller in writing that the technology is potentially 
eligible for a Designation, but that additional specified information is 
needed before a decision may be reached; or
    (3) Deny the Application, and notify the Seller in writing of such 
decision. The Under Secretary may extend the time period beyond 30 days 
upon notice to the Seller; the Under Secretary is not required to 
provide a reason or cause for such extension. The Under Secretary's 
decision shall be final and not subject to review, except at the 
discretion of the Under Secretary.
    (f) Term of Designation; renewal. A Designation shall be valid and 
effective

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for a term of five to eight years (as determined by the Under Secretary 
based upon the technology) commencing on the date of issuance. At any 
time commencing two years prior to the expiration of a Designation, the 
Seller may apply for renewal of the Designation. The Under Secretary 
shall make the application form for renewals available at http://
www.dhs.gov and by mail upon request sent to: Directorate of Science and 
Technology, SAFETY Act/room 4320, Department of Homeland Security, 
Washington, DC 20528.
    (g) Transfer of Designation. (1) Except as may be restricted by the 
terms and conditions of a Designation, any Designation may be 
transferred and assigned to any other person or entity to which the 
Seller transfers and assigns all right, title, and interest in and to 
the technology covered by the Designation, including the intellectual 
property rights therein (or, if the Seller is a licensee of the 
technology, to any person or entity to which such Seller transfers all 
of its right, title, and interest in and to the applicable license 
agreement). Such transfer and assignment of a Designation will not be 
effective unless and until:
    (i) The Under Secretary is notified in writing of the transfer using 
the ``Application for Transfer of Designation'' form issued by the Under 
Secretary (the Under Secretary shall make this application form 
available at http://www.dhs.gov and by mail by written request sent to: 
Directorate of Science and Technology, SAFETY Act/room 4320, Department 
of Homeland Security, Washington, DC 20528), and
    (ii) The transferee complies with all applicable provisions of the 
SAFETY Act, this Part, and the relevant Designation as if the transferee 
were the Seller.
    (2) Upon the effectiveness of such transfer and assignment, the 
transferee will be deemed to be a Seller in the place and stead of the 
transferor with respect to the applicable technology for all purposes 
under the SAFETY Act, this Part, and the transferred Designation. The 
transferred Designation will continue to apply to the transferor with 
respect to all transactions and occurrences that occurred through the 
time at which the transfer and assignment of the Designation became 
effective, as specified in the applicable Application for Transfer of 
Designation.
    (h) Application of Designation to licensees. Except as may be 
restricted by the terms and conditions of a Designation, any Designation 
shall apply to any other person or entity to which the Seller licenses 
(exclusively or nonexclusively) the right to manufacture, use, or and 
sell the technology, in the same manner and to the same extent that such 
Designation applies to the Seller, effective as of the date of 
commencement of the license, provided that the Seller notifies the Under 
Secretary of such license by submitting, within 30 days after such date 
of commencement, a ``Notice of License of Qualified Anti-terrorism 
Technology'' form issued by the Under Secretary. The Under Secretary 
shall make this form available at http://www.dhs.gov and by mail upon 
request sent to: Directorate of Science and Technology, SAFETY Act/room 
4320, Department of Homeland Security, Washington, DC 20528. Such 
notification shall not be required for any licensee listed as a Seller 
on the applicable Designation.
    (i) Termination of Designation resulting from significant 
modification. A Designation shall terminate automatically, and have no 
further force or effect, if the designated qualified anti-terrorism 
technology is significantly changed or modified. A significant change or 
modification in the technology is one that could significantly reduce 
the safety or effectiveness of the technology. This could include, in 
the case of a device, a significant change or modification in design, 
material, chemical composition, energy source, manufacturing process, or 
purpose for which it is to be sold, and in the case of a service, a 
significant change or modification in methodology, procedures, or 
purpose for which it is to be sold. If a Seller is planning a change or 
modification to a designated technology, such Seller may apply for a 
corresponding modification of the applicable Designation in advance of 
the implementation of such modification. Application for such a 
modification must be made using the ``Application for Modification of 
Designation'' form issued by the Under Secretary. The Under Secretary 
shall

[[Page 85]]

make this application form available at http://www.dhs.gov and by mail 
upon request sent to: Directorate of Science and Technology, SAFETY Act/
room 4320, Department of Homeland Security, Washington, DC 20528. 
Changes or modifications will be evaluated at a minimum with reference 
to the description of the technology and its purposes as provided in the 
Seller's application and with reference to what was designated in the 
applicable Designation. In lieu of issuing a modified Designation in 
response to such an application, the Under Secretary may elect to issue 
a certificate to the Seller certifying that the submitted changes or 
modifications are not significant within the meaning of this paragraph 
(i) and that the Seller's existing Designation continues to be 
applicable to the changed or modified technology.



Sec. 25.6  Government contractor defense.

    (a) Criteria for certification. The Under Secretary may certify a 
qualified anti-terrorism technology as an Approved Product for Homeland 
Security for purposes of establishing a rebuttable presumption of the 
applicability of the government contractor defense. In determining 
whether to grant such certification, the Under Secretary or his or her 
designee shall conduct a comprehensive review of the design of such 
technology and determine whether it will perform as intended, conforms 
to the Seller's specifications, and is safe for use as intended. The 
Seller shall provide safety and hazard analyses and other relevant data 
and information regarding such technology to the Department in 
connection with an application. The Under Secretary or his designee may 
require that the Seller submit any information that the Under Secretary 
or his designee considers relevant to the application for approval. The 
Under Secretary or his designee may consult with, and rely upon the 
expertise of, any other governmental or non-governmental person or 
entity, and may consider test results produced by an independent 
laboratory or other person or entity engaged by the Seller.
    (b) Extent of liability. Should a product liability or other lawsuit 
be filed for claims arising out of, relating to, or resulting from an 
act of terrorism when qualified anti-terrorism technologies certified by 
the Under Secretary as provided in Sec.Sec. 25.6 and 25.7 of this part 
have been deployed in defense against or response or recovery from such 
act and such claims result or may result in loss to the Seller, there 
shall be a rebuttable presumption that the government contractor defense 
applies in such lawsuit. This presumption shall only be overcome by 
evidence showing that the Seller acted fraudulently or with willful 
misconduct in submitting information to the Assistant Secretary during 
the course of the Assistant Secretary's consideration of such technology 
under this subsection. This presumption of the government contractor 
defense shall apply regardless of whether the claim against the Seller 
arises from a sale of the product to Federal Government or non-Federal 
Government customers. Such presumption shall apply in perpetuity to all 
deployments of a qualified anti-terrorism technology (for which a 
Certification has been issued by the Under Secretary as provided in this 
section and Sec. 25.7) that occur on or after the effective date of the 
Certification applicable to such technology in defense against, response 
to, or recovery from any act of terrorism, provided that the sale of 
such technology was consummated by the Seller on or after the earliest 
date of sale of such technology specified in such Certification (which 
shall be determined by the Under Secretary in his or her discretion, and 
may be prior to, but shall not be later than, such effective date) and 
prior to the expiration or termination of such Certification.



Sec. 25.7  Procedures for certification of approved products for homeland security.

    (a) Application procedure. A Seller seeking certification of anti-
terrorism technology as an Approved Product for Homeland Security under 
Sec.25.6 (a ``Certification'') shall submit information supporting such 
request to the Assistant Secretary. The Under Secretary shall make 
application forms available at http://www.dhs.gov, and copies may also 
be obtained by mail by sending a request to: Directorate of Science and 
Technology, SAFETY Act/room 4320, Department of Homeland Security,

[[Page 86]]

Washington, DC 20528. An application for a certification may not be 
filed unless the Seller has also filed an application for designation of 
qualified anti-terrorism technology for the same technology. The two 
applications may be filed simultaneously and may be reviewed 
simultaneously.
    (b) Initial notification. Within 30 days after receipt of an 
Application for a Certification, the Assistant Secretary or his or her 
designee shall notify the applicant in writing that:
    (1) The Application is complete and will be reviewed, or
    (2) That the Application is incomplete, in which case the missing or 
incomplete parts will be specified.
    (c) Review process. The Assistant Secretary or his or her designee 
will review each complete Application for a Certification and any 
included supporting materials. In performing this function, the 
Assistant Secretary or his or her designee may, but is not required to:
    (1) Request additional information from the Seller;
    (2) Meet with representatives of the Seller;
    (3) Consult with, and rely upon the expertise of, any other Federal 
or nonfederal entity; and
    (4) Perform or seek studies or analyses of the technology.
    (d) Recommendation of the Assistant Secretary. (1) Within 90 days 
after receipt of a complete Application for a Certification, the 
Assistant Secretary shall make one of the following recommendations to 
the Under Secretary regarding such Application:
    (i) That the Application be approved and a Certification be issued 
to the Seller;
    (ii) That the Seller be notified that the technology is potentially 
eligible for a Certification, but that additional specified information 
is needed before a decision may be reached; or
    (iii) That the Application be denied.
    (2) The Assistant Secretary may extend the time period beyond 90 
days upon notice to the Seller; the Assistant Secretary is not required 
to provide a reason or cause for such extension.
    (e) Action by the Under Secretary. (1) Within 30 days after 
receiving a recommendation from the Assistant Secretary pursuant to 
paragraph (d) of this section, the Under Secretary shall take one of the 
following actions:
    (i) Approve the Application and issue an appropriate Certification 
to the Seller;
    (ii) Notify the Seller in writing that the technology is potentially 
eligible for a Certification, but that additional specified information 
is needed before a decision may be reached; or
    (iii) Deny the Application, and notify the Seller in writing of such 
decision.
    (2) The Under Secretary may extend the time period beyond 30 days 
upon notice to the Seller, and the Under Secretary is not required to 
provide a reason or cause for such extension. The Under Secretary's 
decision shall be final and not subject to review, except at the 
discretion of the Under Secretary.
    (f) Designation is a pre-condition. The Under Secretary may approve 
an application for a certification only if the Under Secretary has also 
approved an application for a designation for the same technology under 
section 25.3.
    (g) Content and term of certification; renewal. A Certification 
shall specify the technology, the Seller(s) of the technology, and the 
earliest date of sale of the technology to which the Certification shall 
apply (which shall be determined by the Under Secretary in his or her 
discretion, and may be prior to, but shall not be later than, the 
effective date of the Certification). The Certification may also include 
such other specifications as the Under Secretary may deem to be 
appropriate, including, but not limited to, specific applications of the 
technology, materials or processes required to be used in producing or 
using the technology, restrictions on transfer or licensing, and 
training and instructions required to be provided to persons involved in 
the deployment of the technology. A certification shall be valid and 
effective for the same period of time for which the related Designation 
is issued, and shall terminate upon the termination of such related 
Designation. The Seller may apply for renewal of the Certification in 
connection with an application for renewal of the related Designation. 
An application for renewal must be made using the ``Application for

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Certification of an Approved Product for Homeland Security'' form issued 
by the Under Secretary.
    (h) Application of Certification to licensees. Any certification 
shall apply to any other person or entity to which the Seller licenses 
(exclusively or nonexclusively) the right to manufacture and sell the 
technology, in the same manner and to the same extent that such 
certification applies to the Seller, effective as of the date of 
commencement of the license, provided that the Seller notifies the Under 
Secretary of such license by submitting, within 30 days after such date 
of commencement, a ``Notice of License of Approved Anti-terrorism 
Technology'' form issued by the Under Secretary. The Under Secretary 
shall make this form available at http://www.dhs.gov and by mail upon 
request sent to: Directorate of Science and Technology, SAFETY Act/room 
4320, Department of Homeland Security, Washington, DC 20528. Such 
notification shall not be required for any licensee listed as a Seller 
on the applicable Certification.
    (i) Transfer of Certification. In the event of any permitted 
transfer and assignment of a Designation, any related Certification for 
the same anti-terrorism technology shall automatically be deemed to be 
transferred and assigned to the same transferee to which such 
Designation is transferred and assigned. The transferred Certification 
will continue to apply to the transferor with respect to all 
transactions and occurrences that occurred through the time at which 
such transfer and assignment of the Certification became effective.
    (j) Issuance of Certificate; Approved Product List. For anti-
terrorism technology reviewed and approved by the Under Secretary and 
for which a Certification is issued, the Under Secretary shall issue a 
certificate of conformance to the Seller and place the anti-terrorism 
technology on an Approved Product List for Homeland Security, which 
shall be published by the Department of Homeland Security.



Sec. 25.8  Confidentiality and protection of intellectual property.

    The Secretary, in consultation with the Office of Management and 
Budget and appropriate Federal law enforcement and intelligence 
officials, and in a manner consistent with existing protections for 
sensitive or classified information, shall establish confidentiality 
protocols for maintenance and use of information submitted to the 
Department under the SAFETY Act and this Part. Such protocols shall, 
among other things, ensure that the Department will utilize all 
appropriate exemptions from the Freedom of Information Act.



Sec. 25.9  Definitions.

    Act of Terrorism--The term ``act of terrorism'' means any act that--
    (1) Is unlawful;
    (2) Causes harm to a person, property, or entity, in the United 
States, or in the case of a domestic United States air carrier or a 
United States-flag vessel (or a vessel based principally in the United 
States on which United States income tax is paid and whose insurance 
coverage is subject to regulation in the United States), in or outside 
the United States; and
    (3) Uses or attempts to use instrumentalities, weapons or other 
methods designed or intended to cause mass destruction, injury or other 
loss to citizens or institutions of the United States.
    Assistant Secretary--The term ``Assistant Secretary'' means the 
Assistant Secretary for Plans, Programs, and Budget of the Department of 
Homeland Security Directorate of Science and Technology, or such other 
official of such Directorate as may be designated from time to time by 
the Under Secretary.
    Certification--The term ``Certification'' means (unless the context 
requires otherwise) a certification that a qualified anti-terrorism 
technology for which a Designation has been issued will perform as 
intended, conforms to the Seller's specifications, and is safe for use 
as intended.
    Contractor--The term ``contractor'' of a Seller means any person or 
entity with whom or with which the Seller has entered into a contract 
relating to the manufacture, sale, use, or operation of anti-terrorism 
technology for

[[Page 88]]

which a Designation is issued (regardless of whether such contract is 
entered into before or after the issuance of such Designation), 
including, without limitation, an independent laboratory or other entity 
engaged in testing or verifying the safety, utility, performance, or 
effectiveness of such technology, or the conformity of such technology 
to the Seller's specifications.
    Designation--The term ``Designation'' means a designation of a 
qualified anti-terrorism technology under the SAFETY Act issued by the 
Under Secretary under authority delegated by the Secretary of Homeland 
Security.
    Loss--The term ``loss'' means death, bodily injury, or loss of or 
damage to property, including business interruption loss (which is a 
component of loss of or damage to property).
    Noneconomic damages--The term ``noneconomic damages'' means damages 
for losses for physical and emotional pain, suffering, inconvenience, 
physical impairment, mental anguish, disfigurement, loss of enjoyment of 
life, loss of society and companionship, loss of consortium, hedonic 
damages, injury to reputation, and any other nonpecuniary losses.
    Physical harm--The term ``physical harm'' as used in the Act shall 
mean a physical injury to the body that caused, either temporarily or 
permanently, partial or total physical disability, incapacity or 
disfigurement. In no event shall physical harm include mental pain, 
anguish, or suffering, or fear of injury.
    Qualified Anti-Terrorism Technology (QATT)--The term ``'qualified 
anti-terrorism technology''' means any product, equipment, service 
(including support services), device, or technology (including 
information technology) designed, developed, modified, or procured for 
the specific purpose of preventing, detecting, identifying, or deterring 
acts of terrorism or limiting the harm such acts might otherwise cause, 
for which a Designation has been issued under this Part.
    SAFETY Act or Act--The term ``SAFETY Act'' or ``Act'' means the 
Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 
enacted as Subtitle G of Title VIII of the Homeland Security Act of 
2002, Public Law 107-296.
    Seller--The term ``Seller'' means any person or entity to whom or to 
which (as appropriate) a Designation has been issued under this Part 
(unless the context requires otherwise).
    Under Secretary--The term ``Under Secretary'' means the Under 
Secretary for Science and Technology of the Department of Homeland 
Security.

[[Page 89]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts, and 
analphabetical list of agencies publishing in the CFR are included in 
the CFRIndex and Finding Aids volume to the Code of Federal Regulations 
which ispublished separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 91]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2004)

                      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)

                   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)
         V  The International Organizations Employees Loyalty 
                Board (Parts1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      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 LaborRelations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts2500--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)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)

[[Page 92]]

    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)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanities (Part 6601)
      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)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     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--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts0--99)

[[Page 93]]

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, MarketingPractices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture(Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts500--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 GrainInspection 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 (Parts1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, RuralUtilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts2600--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 the Chief Financial Officer, Department of 
                Agriculture (Parts3000--3099)

[[Page 94]]

      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department ofAgriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service,Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture(Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service,Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts1000--1399)

                 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 andStockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts300--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)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

[[Page 95]]

                      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 (Parts1--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 (Parts500--599)
        VI  Farm Credit Administration (Parts 600--699)
       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 
                (Parts1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housingand Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of theTreasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts300--399)
        IV  Emergency Steel Guarantee Loan Board, Department of 
                Commerce (Parts400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce(Parts 500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts1--199)
        II  Office of the Secretary, Department of Transportation 
                (AviationProceedings) (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)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 96]]

                 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 (Parts300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce(Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                andInformation
     XXIII  National Telecommunications and Information 
                Administration, Departmentof 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 (Parts1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)

[[Page 97]]

      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                HomelandSecurity; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of HomelandSecurity (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment andTraining, 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 
                (Parts1300--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 (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)

[[Page 98]]

         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 (Parts1200--1299)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                RelationsAuthority; General Counsel of the Federal 
                Labor Relations Authority; and theForeign 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 (Parts1--999)
        II  National Highway Traffic Safety Administration and 
                Federal HighwayAdministration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department ofTransportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing andUrban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department ofHousing 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 andUrban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                AssistanceRestructuring, Department of Housing and 
                Urban Development (Parts 400--499)
         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) (Parts700--
                799)

[[Page 99]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Section 8 HousingAssistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 SupportiveHousing for the Elderly Program and 
                Section 811 Supportive Housing for PersonsWith 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Departmentof Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Interstate Land 
                SalesRegistration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                UrbanDevelopment (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian HealthService, Department of Health and 
                Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of theInterior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of theInterior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury(Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department ofJustice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)

[[Page 100]]

       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District ofColumbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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 (Parts200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts900--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 
                (Parts2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of theInterior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)

[[Page 101]]

       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of theInterior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts0--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 (Parts500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury(Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts800--899)
        IX  Federal Claims Collection Standards (Department of 
                theTreasury--Department of Justice) (Parts 900--
                999)

                      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)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and RecordsAdministration (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 
                (Parts2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 102]]

        IV  Saint Lawrence Seaway Development Corporation, 
                Department ofTransportation (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 ofEducation
         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 ofEducation (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 (Parts600--699)
        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)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                EnvironmentalPolicy Foundation (Parts 1600--1699)

[[Page 103]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States 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 
                (Parts500--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--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; UniformNational Discharge Standards for 
                Vessels of the Armed Forces (Parts1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts50-1--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 
                EmploymentOpportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and TrainingService, Department of 
                Labor (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)

[[Page 104]]

       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management[Reserved]
            Subtitle E--Federal Information Resources Management 
                RegulationsSystem
       201  Federal Information Resources Management Regulation 
                (Parts201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part303-70)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health andHuman Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and HumanServices (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts1--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 
                (Parts1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security(Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts1--199)
            Subtitle B--Regulations Relating to Public Welfare

[[Page 105]]

        II  Office of Family Assistance (Assistance Programs), 
                Administration forChildren and Families, 
                Department of Health and Human Services 
                (Parts200--299)
       III  Office of Child Support Enforcement (Child Support 
                EnforcementProgram), Administration for Children 
                and Families, Department of Health andHuman 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children andFamilies, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Departmentof 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)
         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 
                (Parts1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and HumanServices (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     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 Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security(Parts 400--499)
        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)

[[Page 106]]

       III  National Telecommunications and Information 
                Administration, Departmentof 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  United States Agency for International Development 
                (Parts700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        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 BenefitsAcquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life InsuranceFederal 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)
        30  Department of Homeland Security, Homeland Security 
                AcquisitionRegulation (HSAR) (Parts 3000--3099)
        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)

[[Page 107]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts6300--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 
                (Parts1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department ofTransportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department ofTransportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department ofTransportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts600--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 (Parts1000--1399)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation(Parts 1400--1499)
       XII  Transportation Security Administration, Department of 
                Homeland Security(Parts 1500--1599)

                   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 AtmosphericAdministration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Departmentof the Interior and National 
                Marine Fisheries Service, National Oceanic 
                andAtmospheric Administration, Department of 
                Commerce); Endangered SpeciesCommittee Regulations 
                (Parts 400--499)

[[Page 108]]

         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and AtmosphericAdministration, 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
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 109]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2004)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  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
  Food and Nutrition 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
  Procurement and Property Management, Office of  7, XXXII
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 110]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  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, United States      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
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District ofColumbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 111]]

  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
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  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 Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency forthe
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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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
Environmental Protection Agency                   5, LIV; 40, I, IV, VII
  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                5, III, LXXVII; 14, VI; 
                                                  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

[[Page 112]]

  Trade Representative, Office of the United      15, XX
       States
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
Federal Claims Collection Standards               31, IX
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
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the FederalLabor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
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 Nutrition 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
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 113]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  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
  Temporary Duty (TDY) Travel Allowances          41, 301
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
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  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
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
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 AssistantSecretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring,Office of
  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
     AssistantSecretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring,Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
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; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and RecordsAdministration
Inspector General

[[Page 114]]

  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
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  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, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
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, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  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 Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 115]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the AssistantSecretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  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
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National EnvironmentalPolicy Foundation
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 and Community Service, Corporation for   45, XII, XXV
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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
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 Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
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
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
   Commission
[[Page 116]]

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
Oklahoma City National Memorial Trust             36, XV
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, United States        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 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
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
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
State Department                                  22, I; 28, XI
  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

[[Page 117]]

Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  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
  Federal Motor Carrier Safety Administration     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 Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            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
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the AssistantSecretary 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 119]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
madeby documents published in the Federal Register during 2003, 
areenumerated in the following list. Entries indicate the nature of the 
changeseffected. Page numbers refer to Federal Register pages. The 
usershould consult the entries for chapters and parts as well as 
sections forrevisions.

                                  2003

6 CFR
                                                                   68 FR
                                                                    Page
Chapter I
Chapter I Established; interim......................................4056
5 Added.............................................................4056
5.41--5.49 (Subpart C) Added; interim...............................4070
7 Added; interim....................................................4074
9 Added; interim...................................................10912
15 Added; interim..................................................10886
17 Added; interim..................................................10892
21 Added; interim..................................................10904
25 Added; interim..................................................59698


                                  [all]