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to Subpart B; (b) matters made avail- tion. The General Counsel shall be conable to the public pursuant to Subpart sulted prior to a decision to deny access. C; and (c) matters exempt from dis- (c) A member of the public who has closure pursuant to § 212.41.
been denied access to an identifiable $ 212.32 Identification of records.
record pursuant to this section may apThe request for a record by a member
peal such decision. The appeal shall be of the public must contain a reasonably
in writing addressed to the Administraspecific description of the particular rec
tor or Deputy Administrator, Agency for
International Development, 21st and ord sought, such as the subject matter, format, approximate date, and where
Virginia Avenue NW., Washington, D.C.
20523. It should contain the identity of pertinent, the name of the country or person involved, facilitate the search
the specific record sought and withheld, for the requested record.
a copy of the initial decision to deny ac
cess, and any other information that will § 212.33 Procedure for making requests. enable the Administrator or Deputy
(a) Access to identifiable records may Administrator to make the final decision. be requested by a member of the public
§ 212.35 Schedule of fees and method either in person from 9 a.m. to 5 p.m.
of payment for services rendered. Monday through Friday, except on Holidays, or by mail, from the Director, In
(a) The following specific fees shall formation Staff, Agency for International
be applicable with respect to services Development, Room 4898, Department
rendered to members of the public under of State, 21st and Virginia Avenue NW.,
this subpart: 1 Washington, D.C. 20523. Requests may (1) Searching for records, per hour or be made in person or by mail to the Di- fraction thereof.-
$3.50 rector, USAID, care of American Em- (2) Other facilitative services and inbassy, in countries where AID has
dex assistance-minimum charge,
3.50 offices abroad. If the USAID ofice abroad
per hour or fraction thereof--does not have the record requested the
(3) Copies made by photostat or other
wise (per page) member of the public will be so informed
(4) Certification of each record as a and the inquirer will be referred to the true copy
.75 Director, Information Staff in Washing- (5) Certification of each record as a ton for the requested information.
true copy, under the seal of the (b) In view of the decentralized na
1.00 ture of the files of the Agency it will
(6) For each signed statement of nega
tive results of search for record.-- 1.00 generally not be possible to make the
(7) For each signed statement of nonrequested records available for access
availability of record..
No fee immediately but records will be made available as promptly as possible.
(b) When no specific fee has been es(c) Original or record copies of rec
tablished for a service, or the request for í ords will not be permitted to be released
a service does not fall under one of the from Agency files. Copies, duly certified
above categories due to the amount or upon request, will be furnished in lieu
size or type thereof, the Director, Inforthereof, upon payment of the prescribed
mation Staff, or the Director, USAID, fee. See § 212.35.
is authorized to establish an appropriate (d) Requests for records which orig- fee pursuant to the criteria established inated in another Agency will be referred
in Bureau of the Budget Circular No. to the originating Agency for appro
A-25, entitled “User Charges.” priate action.
(c) When a request for identifiable
records is made by mail pursuant to $ 212.34 Denial of request for access to
§ 212.33, it should be accompanied by records.
remittance of the total fee chargeable, as (a) If a request for access to an identi- well as a self-addressed stamped envefiable record is denied, the person sub- lope, if special mail services are desired. mitting the request will be promptly (d) Fees must be paid in full prior to advised of the denial and furnished the issuance of requested copies of records. specific reasons therefor in writing. If uncertainty as to the existence of a
(b) The denial of a request from a record, or as to the number of sheets to member of the public for access to an be copied or certified precludes remitting identifiable record may be made only by the exact fee chargeable with the rethe Director, Information Staff, or the quest, the Agency will inform the interAssistant Administrator for Administra- ested party of the exact amount required. (e) Payment shall be in the form of a bility of the withholding exemptions set check, bank draft, money order, or if forth in § 212.41 shall consult the Dipersonally delivered may be made in rector, Information Staff, prior to recash. Remittances shall be made payable lease of a record for which access has to the order of the Agency for Interna- been requested from a member of the tional Development. The Agency will as- public. sume no responsibility for cash which is
Subpart F-Access to Classified Forlost in the mail. (f) A receipt for fees paid will be given
eign Policy Records for Nonofficial:
Research Purposes only upon request. Refund of fees paid for services actually rendered will not
§ 212.51 General policy. be made.
(a) In accordance with the policy of Subpart - Exemptions From the Department of State, the Agency for Disclosure
International Development permits ac- :
cess to its classified foreign policy rec$ 212.41 Exemptions from the publica
ords by individuals engaged in private tion and disclosure requirements of
research as liberally as possible, conSubparts B, C, and D.
sistent with the national interest, the None of the provisions of Subparts B, maintenance of friendly relations with C, and D which provide for publication other nations, the efficent operation of and disclosure of certain information the agency, and the administrative feasiand records shall be applicable to mat- bility of servicing requests for access to ters that are:
such records. (a) Specifically required by Executive (b) Access for research in the classiOrder to be kept secret in the interest of fied foreign policy records in A.I.D.'s national defense or foreign policy;
custody will be governed by the regula(b) Related solely to the internal per- tions of the Department of State in resonnel rules and practices of the spect thereto. Application for such access agency;
may be made to the Director, Informa(c) Specifically exempted from dis- tion Staff, Agency for International Declosure by statute;
velopment, 21st and Virginia Avenue (d) Trade secrets and commercial or
NW., Washington, D.C. 20523. The Direcfinancial information obtained from any
tor, Information Staff, in consultation person and privileged or confidential;
with the Director, Historical Office, De(e) Interagency or intra-agency mem
partment of State, will determine the orandums or letters which would not be
action to be taken and advise the reavailable by law to a private party in
searcher. The regulations of the Delitigation with the Agency;
partment are in § 6.9 of Part 1, Chapter (f) Personnel and medical files and
1, of Title 22 of the Code of Federal similar files the disclosure of which
Regulations. would constitute a clearly unwarranted invasion of personal privacy;
PART 213—COLLECTION OF CIVIL (g) Investigatory files compiled for CLAIMS BY THE AGENCY FOR law enforcement purposes except to the INTERNATIONAL DEVELOPMENT extent available by law to a private
Subpart A-General Collection Standards party;
Sec. (h) Contained in or related to exami
213.1 nation, operating, or condition reports
Applicability of prescribed standards.
213.2 Exceptions to applicability. prepared by, on behalf of, or for the use 213.3 Omission not a defense. of any agency responsible for the regula- 213.4 Subdivision and joining of claims. tion or supervision of financial institu- 213.5 Fraudulent claims. tions; and
Subpart B-Administrative Collection of Claims (i) Geological and geophysical infor- 213.11 Prescribed standards. mation and data (including maps) con- 213.12 Interest. cerning wells.
Subpart -Compromise of Claims § 212.42 Guidance in application of ex
213.21 Prescribed standards. emptions.
Subpart D-Suspension or Termination of Any officer or employee of the Agency
Collection Action who has doubts concerning the applica- 213.31 Applicability.
Subpart E-Referral to the General Accounting
Office or to the Department of Justice Sec. 213.41 Prescribed standards.
AUTHORITY: The provisions of this part 213 issued under sec. 621, 75 Stat. 445, sec. 3, 80 Stat. 308; 22 U.S.C. 2402, 31 U.S.C. 952; 4 CFR, Ch. II.
SOURCE: The provisions of this Part 213 contained in A.I.D. Regulation 13, 33 F.R. 6811, May 4, 1968, unless otherwise noted. Subpart A-General Collection
Standards $ 213.1 Applicability of prescribed
standards. The Joint Regulations of the Attorney General and the Comptroller General set forth in Chapter II of Title 4 of the Code of Federal Regulations prescribe standards for the administrative collection, compromise, termination, or suspension of agency collection action, and referral to the General Accounting Office and to the Department of Justice for litigation, of civil claims by the Federal Government for money or property. Except as set forth in this part, these standards (prescribed standards) shall be applied by the Agency for International Development (hereinafter designated as A.I.D.) with respect to its claims for money or property. $ 213.2 Exceptions to applicability.
(a) The prescribed standards are not applicable to claims arising as a result
A.I.D. requires a different course of action. $ 213.3 Omission not a defense.
Failure by the A.I.D. to comply with any of the provisions of the prescribed standards or of the provisions of this part shall not be available as a defense to any debtor. § 213.4 Subdivision and joining of
claims. (a) A debtor's liability arising from a particular transaction or contract (for example, each individual Supplier's Certificate and Agreement with A.I.D.Form 282) shall be considered as a single claim in determining whether the claim is one not exceeding $20,000 exclusive of interest for the purpose of compromise or termination of collection action. Such a claim may not be subdivided to avoid the monetary ceiling established by the Federal Claims Collection Act of 1966.
(b) The joining of two or more single claims in a demand upon a debtor for a payment exceeding $20,000 does not preclude compromise or termination of collection action with respect to any one of such claims which does not exceed this amount exclusive of interest. § 213.5 Fraudulent claims.
Any claim as to which there is an indication of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim shall be handled as set forth in 4 CFR 101.3. Subpart B-Administrative Collection
of Claims § 213.11 Prescribed standards.
The prescribed standards applicable to the administrative collection of claims are set forth in 4 CFR Part 102. § 213.12 Interest.
Under 4 CFR 102.10, A.I.D. may forego the collection of prejudgment interest as an inducement to voluntary payment in cases where such interest is not mandated by statute, contract, or regulation. However, in cases where the debt arises from an overpayment, prejudgment interest shall be collected from the date of such overpayment if the amount involved and the length of time during which the debtor had use of A.I.D. funds warrant such action.
(1) Loans and sales for which collection and compromise authority is conferred by section 635(g) (2) of the Foreign Assistance Act of 1961, as amended;
(2) Investment guaranty operations for which settlement and arbitration authority is conferred by section 635(i) of the Foreign Assistance Act of 1961, as amended.
(b) The prescribed standards are not applicable to claims against any foreign country or any political subdivision thereof, or any international organization.
(c) The prescribed standards are not applicable in any instance where the Administrator of A.I.D. or his designee determines that the achievement of the purposes of the Foreign Assistance Act of 1961, as amended, or any other Act in whole or in part administered by
CHAPTER 111-PEACE CORPS
Part 301 302 303 304
Ethical conduct and responsibilities of Peace Corps employees.
PART 301-ETHICAL CONDUCT AND
RESPONSIBILITIES OF PEACE CORPS
EMPLOYEES Sec. 301.735-1 Introduction. 301.735–2 General standards of conduct. 301.735-3 Conflict of interest. 301.735-4 Political activities. 301.735-5 Gifts. 301.735-6 Outside employment and ac
tivities. 301.735–7 Financial interests. 301.735–8 Use of Government property. 301.735-9 Information. 301.735–10 Discrimination. 301.735-11 Indebtedness. 301.735–12 Gambling, betting, and lotteries. 301.735–13 Related statutes and regulations. 301.735–14 Employees required to submit
statements of employment
and financial interests. AUTHORITY: The provisions of this Part 301 issued under E.O. 11222; 3 CFR, 1964–1965 Comp.; 5 CFR 735.104.
SOURCE: The provisions of this Part 301 appear at 33 F.R. 4776, Mar. 20, 1968, unless otherwise noted. § 301.735-1 Introduction.
(a) Four years ago, in issuing Peace Corps Standards of Employee Conduct, Sargent Shriver said:
Following the letter of the law or staying within the shadow of ethical phrases will not suffice. Our undivided loyalty is owed to our Government. We will be judged by both
fact and appearance. There is no place on the Peace Corps' team for those who cannot live comfortably with this high standard.
(b) In Executive Order No. 11222, the President recently directed the Civil Service Commission to require each agency head to review and reissue his agency's regulations regarding the ethical conduct and other responsibilities of all its employees. One of the main purposes of the regulations in this part is to encourage individuals faced with questions involving subjective judgment to seek counsel and guidance. The General Counsel is designated to be the counselor for the Peace Corps with respect to these matters. He and the Deputy General Counsel will give authoritative advice and guidance in this area to any Peace Corps employee who seeks it.
(c) Any violation of the regulations in this part may be cause for disciplinary action. Violation of those provisions of the regulations in this part which reflect legal prohibitions may also entail penalties provided by law.
(d) As used in this part, the term "special Government employee" means a person appointed or employed to perform temporary duties for the Peace Corps with or without compensation, on a full-time or intermittent basis, for not to exceed 130 days during any period of 365 days. The term “regular Government employee” means any officer or employee