[Federal Register Volume 64, Number 194 (Thursday, October 7, 1999)]
[Rules and Regulations]
[Pages 54538-54541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26081]
[[Page 54538]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 171
BROADCASTING BOARD OF GOVERNORS
22 CFR Chapter V, and 48 CFR Chapter 19
[Public Notice # 3127]
Repeal, Redesignation and Amendment of the United States
Information Agency's Former Regulations
AGENCY: Department of State and Broadcasting Board of Governors.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the consolidation of the United States Information
Agency (``USIA'') and the Department of State as mandated by the
Foreign Affairs Agencies Consolidation Act of 1998, this rule amends
USIA's former public regulations in the Code of Federal Regulations
(CFR). Some of these regulations are repealed, some are revised and
amended to apply only to the Department of State, and some are amended
to apply only to the Broadcasting Board of Governors (``BBG''). Chapter
V of 22 CFR is amended to cover only the BBG.
DATES: Effective October 1, 1999.
FOR FURTHER INFORMATION CONTACT: Bill Ohlhausen (202)-619-6972; Tom
Heinemann (202)-647-5154.
SUPPLEMENTARY INFORMATION: This rule amends USIA's former public
regulations, which appear at chapter V of 22 CFR and chapter 19 of 48
CFR, in order to avoid having duplicative regulations after USIA is
consolidated with the Department of State pursuant to the Foreign
Affairs Agencies Consolidation Act of 1998, Public Law 105-277. It also
clarifies which of USIA's regulations will apply to the newly-created
Broadcasting Board of Governors.
The rule makes several types of changes. First, chapter V is
retitled ``Broadcasting Board of Governors'' and subchapter G of
Chapter I (State Department regulations) is retitled ``Public Diplomacy
and Exchanges.'' Second, parts that will apply only to the BBG are
amended to limit their application in this manner. Third, several parts
of 22 CFR chapter V that are no longer necessary for either the State
Department or BBG are removed. Finally, certain sections are amended
and redesignated as State Department regulations. These actions shall
take effect in accordance with the savings provisions at Section
1323(e)(5) and 1327(a)-(f) of the Act.
This rule involves agency management functions and, therefore, is
not subject to the procedures required by 5 U.S.C. 553 and 801. It is
also exempt from review under Executive Order 12866 but has been
reviewed internally by State and USIA to ensure consistency with the
purposes thereof. This amendment has been found to be a minor rule
within the meaning of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121. It does not require analysis
under the Regulatory Flexibility Act or the Unfunded Mandates Reform
Act.
List of Subjects
22 CFR Part 61
Education, Imports, Exports, Trade agreements, Audio visual
material.
22 CFR Part 62
Cultural exchange programs.
22 CFR Part 63
Cultural exchange programs.
22 CFR Part 64
Cultural exchange programs.
22 CFR Part 65
Cultural exchange programs, Education.
22 CFR Part 66
Freedom of information.
22 CFR Part 67
Organization and functions.
22 CFR Part 171
Freedom of information.
22 CFR Part 500
Conflict of interest.
22 CFR Part 501
Foreign service.
22 CFR Part 502
Education, Imports, Exports, Trade agreements, Audio visual
material.
22 CFR Part 503
Freedom of information.
22 CFR Part 504
Organization and functions (Government Agencies).
22 CFR Part 505
Privacy.
22 CFR Part 506
Government employees.
22 CFR Part 510
Administrative practice and procedure.
22 CFR Part 511
Claims.
22 CFR Part 512
Administrative practice and procedure, Debt, Claims.
22 CFR Part 513
Administrative practice and procedure, Courts, Government
employees.
22 CFR Part 514
Cultural exchange programs.
22 CFR Part 515
Cultural exchange programs.
22 CFR Part 516
Cultural exchange programs, Government employees.
22 CFR Part 517
Cultural exchange programs, Education.
22 CFR Part 518
Accounting, Audit requirements, Grant programs, Reporting and
record-keeping requirements, Non-profit organizations.
22 CFR Part 519
Contract programs, Grant programs, Loan programs, Lobbying.
22 CFR Part 521
Administrative practice and procedure, Claims, Fraud, Penalties.
22 CFR Part 525
Administrative practice and procedure, Conflicts of interest.
22 CFR Part 526
Freedom of information.
22 CFR Part 527
Organization and functions.
22 CFR Part 530
Administrative practice and procedures, Civil rights, Equal
employment opportunity, Federal buildings and facilities, Individuals
with disabilities.
48 CFR Parts 1901 Through 1953
Administrative practice and procedure, Contract programs.
Accordingly, for the reasons set forth above, effective October 1,
1999, pursuant to the Foreign Affairs Reform and Restructuring Act of
1998, Public Law 105-277, 112 Stat. 2681-761, Titles 22 and 48 of the
Code of Federal Regulations is amended as follows:
TITLE 22--[AMENDED]
I. Title 22 of the Code of Federal Regulations is amended as
follows:
[[Page 54539]]
CHAPTER I--DEPARTMENT OF STATE
SUBCHAPTER C--FEES AND FUNDS
PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF
STATE AND FOREIGN SERVICE
1. The authority for part 22 is revised to read as follows:
Authority: 8 U.S.C. 1153 note, 1351, 1351 note; 10 U.S.C.
2602(c); 22 U.S.C. 214, 2504(a), 4201, 4206, 4215, 4219; 31 U.S.C.
9701; Pub. L. 105-277, 112 Stat. 2681 et seq.; E.O. 10718, 22 FR
4632, 3 CFR 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603, 3 CFR,
1996-1970 Comp., 570.
1a. Section 22.1 is amended by adding item 72 to read as follows:
Sec. 22.1 Schedule of Fees.
------------------------------------------------------------------------
Item No. Fee
------------------------------------------------------------------------
* * * * *
72. Fee for Exchange Waiver Review......................... $136.00
------------------------------------------------------------------------
SUBCHAPTER G--PUBLIC DIPLOMACY AND EXCHANGES
2. Subchapter G is added with a heading to read as set forth above.
PART 171--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
3. The authority citation for Part 171 is revised to read as
follows:
Authority: 5 U.S.C. 551 et seq., 552, 552a; 5 U.S.C. App. 201;
Pub. L. 105-277, 112 Stat. 2681 et seq. E.O. 12600, 52 FR 19825, 3
CFR, 1995 Comp., p. 333.
4. Section 171.11 is amended by removing ``and'' in the last
sentence of paragraph (a)(3) before ``records subject to section 102(d)
of the National Security Act'' and adding the following at the end of
the sentence:
Sec. 171.11 Exemptions.
(a) * * *
(3) * * * and records subject to section 501 of the U.S.
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461, as
amended).
* * * * *
CHAPTER V--BROADCASTING BOARD OF GOVERNORS
5. The heading of Chapter V is revised to read as set forth above.
PART 500--[REMOVED]
6. Part 500 is removed.
PART 501--APPOINTMENT OF FOREIGN SERVICE OFFICERS
7. In part 501:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Broadcasting Board of Governors''; and
b. All references to ``Agency'' are revised to read ``Board''.
PART 502--[REDESIGNATED AS PART 61]
8. Part 502 is transferred to chapter I and redesignated as Part 61
in subchapter G.
9. In redesignated part 61:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Department of State'';
b. All references to ``Agency'' are revised to read ``Department'';
and
c. All references to ``Director'' are revised to read ``Secretary
of State''.
d. In redesignated Sec. 61.9, remove the symbol ``GC/A'' and add,
in its place, the symbol ``ECA/GCV--Attestation Officer''.
PART 503--AVAILABILITY OF RECORDS
10. In part 503:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Broadcasting Board of Governors''; and
b. All references to ``Agency'' are revised to read ``Department''.
PART 504--[REMOVED]
11. Part 504 is removed.
PART 505--PRIVACY ACT POLICIES AND PROCEDURES
12. In part 505:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Broadcasting Board of Governors''; and
b. All references to ``Agency'' are revised to read ``Board''.
PART 506--PART-TIME CAREER EMPLOYMENT PROGRAM
13. In part 506:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Broadcasting Board of Governors''; and
b. All references to ``Agency'' are revised to read ``Board''.
PART 510--SERVICE OF PROCESS
14. In part 510:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Broadcasting Board of Governors''; and
b. All references to ``Agency'' are revised to read ``Board''.
PART 511--FEDERAL TORT CLAIMS
15. In part 511:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Broadcasting Board of Governors''; and
b. All references to ``Agency'' are revised to read ``Board''.
PART 512--COLLECTION OF DEBTS UNDER THE DEBT COLLECTION ACT OF 1982
16. In part 512:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Broadcasting Board of Governors''; and
b. All references to ``Agency'' are revised to read ``Board''.
PART 513--GOVERNMENT DEBARMENT AND SUSPENSION (NON-PROCUREMENT) AND
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)
17. In part 513:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``the Broadcasting Board of Governors'';
and
b. All references to ``Agency'' are revised to read ``Board''.
PART 514--[AMENDED]
Sec. 514.44 [Redesignated as Sec. 41.63]
18. Section 514.44 is transferred to chapter I and redesignated as
Sec. 41.63 in subpart G.
Sec. 514.90 [Amended]
19. Section 514.90 is amended by removing and reserving paragraph
(b).
PART 514--[REDESIGNATED AS PART 62]
20. The remainder of part 514 is transferred to chapter I and
redesignated as part 62 in new subchapter G.
21. In redesignated part 62:
a. All references to ``USIA'', ``the United States Information
Agency'', or ``agency'' are revised to read ``Department of State'';
b. All references to ``Director of the United States Information
Agency'' or ``Director'' are revised to read ``Secretary of State'';
c. All references to ``General Counsel'' are revised to read
``Bureau of Consular Affairs''; and
d. All references to ``Board'' or ``Branch'' are revised to read
``Division''.
[[Page 54540]]
PART 41--[AMENDED]
22. The authority for Part 41 is revised to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681 et
seq.
22a. Redesignated Sec. 41.63 is amended by revising the heading of
paragraph (g) and the introductory text of paragraph (g)(1), the first
sentence of paragraph (g)(3), and the first and last sentences of
paragraph (g)(4) to read as follows:
Sec. 41.63 Two-year home-country physical presence requirement.
* * * * *
(g) The Exchange Visitor Waiver Review Division.
(1) The Exchange Visitor Waiver Review Division (``Division'')
shall consist of Department of State positions equivalent to the
following positions: * * *.
* * * * *
(3) The State Department official equivalent to the Associate
Director of the Bureau of Educational and Cultural Affairs, or his or
her designee, shall serve as Division Chairman. * * *
(4) Cases will be referred to the Division at the discretion of the
Chief, Waiver Review Division, of the Department's Office of Exchange
Visitor Program Services. * * * The Chief, Waiver Review Division, or
his or her designee may, at the Chairman's discretion, appear and
present facts related to the case but shall not participate in Division
deliberations.
* * * * *
PART 62--[AMENDED]
23. The authority for redesignated part 62 is revised to read as
follows:
Authority: 8 U.S.C. 1101(A)(15(j), 1182, 1184, 1258; 22 U.S.C.
1431-1442, 2451-2460; Pub. L. 105-277, 112 Stat. 2681 et seq.;
Reorganization Plan No. 2 of 1977, 3 CFR, 1977 Comp. p. 200; E.O.
12048 of March 27, 1978, 3 CFR, 1978 Comp. p. 168.
23a. Redesignated Sec. 62.50 is amended by revising the
introductory language in paragraph (h)(1) to read as follows:
Sec. 62.50 Sanctions.
* * * * *
(h) The Exchange Visitor Program Designation, Suspension, and
Revocation Board. (1) The Exchange Visitor Program Designation,
Suspension, and Revocation Board (``Board'') shall consist of
Department of State positions equivalent to the following positions:
* * * * *
PART 515--[REDESIGNATED AS PART 63]
24. Part 515 is transferred to chapter I and redesignated as Part
63 in new subchapter G.
25. In redesignated part 63:
a. All references to ``USIA'' or ``the United States Information
Agency'' are revised to read ``Department of State''; and
b. All references to ``Director'' are revised to read ``Secretary
of State''.
PART 516--[REDESIGNATED AS PART 64]
26. Part 516 is transferred to chapter I and redesignated as Part
64 in new subchapter G.
27. In redesignated part 64:
a. All references to ``USIA,'' ``United States Information
Agency,'' or ``Agency'' are revised to read ``Department of State'';
and
b. All references to ``Director'' are revised to read ``Secretary
of State''.
c. The authority for redesignated part 64 is revised to read as
follows:
Authority: Sec. 108A (Pub. L. 94-350, 90 Stat. 823) added to the
Mutual Educational and Cultural Exchange Act, as amended, 75 Stat.
527-28, 22 U.S.C. 2451 et seq.; and under Executive Orders 11034 and
12048, as amended; Pub. L. 105-277, 112 Stat. 2681 et seq.;
Reorganization Plan No. 2 of 1977 and the Continuity Order
(Continuity of Operations) of April 1, 1978 (43 FR 15371).
28a. Redesignated Sec. 64.8 is amended by revising the last
sentence to read as follows:
Sec. 64.8 Obligation of Employee to Advise Agency
* * * In the case of the Department, an employee shall advise the
DAEO who may, after consultation with appropriate officials of the
Department, furnish a ``no objection'' statement.
PART 517--[REDESIGNATED AS PART 65]
29. Part 517 is transferred to Chapter I and redesignated as Part
65 in new subchapter G.
30. In redesignated part 65:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Department of State''; and
b. All references to ``Director'' are revised to read ``Secretary
of State''.
PART 521--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT
31. In part 521:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``the Broadcasting Board of Governors'';
and
b. All references to ``Agency'' are revised to read ``Board''.
PART 525--[REMOVED]
32. Part 525 is removed.
PART 526--[REDESIGNATED AS PART 66]
33. Part 526 is transferred to Chapter I and redesignated as Part
66 in new subchapter G.
34. In redesignated part 66:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``Department of State''; and
b. All references to ``Director'' are revised to read ``Secretary
of State.''
c. The authority citation for redesignated part 66 is revised to
read as follows:
Authority: 22 U.S.C. 4411 et seq.; Pub. L. 99-570, Secs. 1801-
1804, 100 Stat. 3207-48 (1986); Pub. L. 105-277, 112 Stat. 2681 et
seq.
35. Redesignated Sec. 66.3 is amended by revising paragraph (a) to
read as follows:
Sec. 66.3 Places at which forms and instructions for use by the
public may be obtained.
(a) All forms and instructions pertaining to procedures under FOIA
may be obtained from the FOIA officer of the National Endowment for
Democracy, 1101 15th St., NW; Suite 700, Washington, D.C. 20005-5000.
* * * * *
36. Redesignated Sec. 66.5 is amended by revising the first
sentence of paragraph (a)(1) and paragraph (a)(2) to read as follows:
Sec. 66.5 Availability of NED records.
* * * * *
(a) Requests for records--How made and addressed.
(1) Requesters seeking access to NED records under FOIA should
direct all requests in writing to: Freedom of Information Act Officer,
National Endowment for Democracy, 1101 15th St., NW; Suite 700,
Washington, D.C. 20005-5000. * * *
(2) Appeals of denials of initial requests must be addressed to NED
in the same manner or to the Department of State pursuant to the
procedures set forth at part 171 of this Title, with the addition of
the word ``APPEAL'' preceding the address on the envelope. Appeals
addressed directly to the Department of State will not be deemed to
have been received by NED for purposes of the time period set forth in
5 U.S.C. 552(a)(6)(A)(1) until actually
[[Page 54541]]
received by NED. The Department of State shall forward any appeal
received by it to NED within 2 working days from the actual day of
receipt by the Department of State.
* * * * *
PART 527--[REDESIGNATED AS PART 67]
37. Part 527 is transferred to Chapter I and redesignated as Part
67 in new subchapter G.
38. The authority citation for redesignated part 67 is revised to
read as follows:
Authority: 22 U.S.C. 4411 et seq.; Title II, Sec. 210, Pub. L.
99-93, 99 Stat. 431 (22 U.S.C. 4415); Pub. L. 105-277, 112 Stat.
2681 et seq.
38a. Redesignated Sec. 67.2 is amended by revising the first and
last sentence of paragraph (a) and the second sentence of paragraph (c)
to read as follows:
Sec. 67.2 Board of Directors.
(a) NED is governed by a bipartisan board of Directors of not fewer
than thirteen and not more than twenty-five members reflecting the
diversity of American society. * * * A current list of members of the
Board of Directors and a schedule of upcoming meetings is available
from NED's office at 1101 15th Street, NW; Suite 700, Washington, DC
20005-5000.
* * * * *
(c) * * * All grants made by the corporation shall be by a two-
thirds vote of those voting at a meeting at which a quorum is present.
Notwithstanding the foregoing, the Board may from time to time adopt,
upon a two-thirds vote of those voting at a meeting at which a quorum
is present, procedures to address emergency funding requests between
meetings of the Board. * * *
39. Redesignated Sec. 67.4 is amended by revising the second
sentence of paragraph (i) to read as follows:
Sec. 67.4 Description of functions and procedures.
* * * * *
(i) * * * Letters of inquiry and formal proposals should be
submitted to: Director of Program, National Endowment for Democracy
1101 15th Street, NW, Suite 700, Washington, DC 20005-5000.
PART 530--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP
IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE UNITED STATES
INFORMATION AGENCY
40. In Part 530:
a. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``the Broadcasting Board of Governors'';
and
b. All references to ``Agency'' are revised to read ``Board''.
TITLE 48--[AMENDED]
II. Title 48 of the Code of Federal Regulations is amended as
follows:
CHAPTER 19--BROADCASTING BOARD OF GOVERNORS
1. In Chapter 19:
a. The chapter heading is revised as set forth above.
b. All references to ``USIA'' or ``United States Information
Agency'' are revised to read ``the Broadcasting Board of Governors'';
and
c. All references to ``Agency'' are revised to read ``Board''.
Dated: October 1, 1999.
John Lindburg,
Acting Executive Director, Broadcasting Board of Governors.
Dated: October 1, 1999.
Patrick F. Kennedy,
Assistant Secretary for Administration, Department of State.
[FR Doc. 99-26081 Filed 10-6-99; 8:45 am]
BILLING CODE 4710-10-U