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$ 1050.111 Freedom of information.

(a) All documents (including transcripts) filed in formal administrative proceedings conducted under Part 1030 of this chapter (except those documents placed in camera pursuant to § 1030.451 (b) of this chapter), and such other documents as the Office may from time to time designate, shall be made part of the public records of the Office. Copies thereof are maintained for public inspection and copying in the office of the Clerk (see $ 1050.104).

(b) For good cause shown and upon application by any party submitting a document that is to be placed on the public record, pursuant to paragraph (a) of this section, the Office may excise trade secrets and customarily privileged commercial or financial information obtained from any person. Requests for such excision may be made by timely submittal

to the Office of a written request specifying with particularity each item sought to be excised and setting forth in each instance a full statement of the party's business reasons for requesting excision. Mere conclusory allegations and requests that an entire document be omitted from the public record will not be deemed to satisfy the requirements of this paragraph.

(c) All documents of any description received by the Office from any person in connection with an investigation of possible noncompliance with the Program, and not described in paragraph (a) of this section, are considered part of the investigatory files of the Office, compiled for law enforcement purposes, and will not be disclosed to any person except pursuant to law.

(d) Terms used in this section shall have the meanings ascribed thereto in 5 U.S.C. 88 551-553.



Part 1200

Issuance of grants to promote travel to States or their political subdivisions

by foreign residents.



BY FOREIGN RESIDENTS Sec. 1200.1 Background and purpose. 1200.2 Definitions. 1200.3 Applications for Federal grant for

travel promotional projects. 1200.4 Action on application. 1200.5 Grant accounting and records. 1200.6 Reports. 1200.7 Inspection and audit. 1200.8 Publications. 1200.9 Collection of information. 1200.10 Termination. 1200.11 Repayment. 1200.12 Federal coordination,

AUTHORITY: The provisions of this part 1200 issued pursuant to Public Law 87-63, as am ded by Public Law 88-426 and Public Law 91-477; Department of Commerce Organization Order 10–7 of November 12, 1970.

SOURCE: The provisions of this Part 1200 appear at 36 F.R. 17036, Aug. 27, 1971, unless otherwise noted. $ 1200.1 Background and purpose.

The regulations in this part are issued under the authority of the International Travel Act of 1961, as amended. The purpose of the Act is to strengthen the domestic and foreign commerce of the United States; promote friendly understanding and appreciation of the United States by encouraging foreign residents to visit the States, as defined in § 1200.2; and facilitate international travel in general. On October 21, 1970, the Act was amended by Public Law 91-477. One of the amendments made to the Act by Pub

lic Law 91-477 authorized the U.S. Travel Service to make matching Federal grants to States or their political subdivisions, or private or public nonprofit organizations, in an effort to encourage foreign residents to visit the United States and to upgrade and improve the tourist host and reception facilities in this country thereby furthering the stated purposes of the Act. $ 1200.2 Definitions.

(a) “Act" means the International Travel Act of 1961, as amended (22 U.S.C. 2121 et seq.).

(b) “Assistant Secretary” means the Assistant Secretary of Commerce for Tourism or such official as may be designated to act in his behalf.

(c) “State" means one of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(d) “Political subdivision" means a unit of local government, including specifically, a county, municipality, city, town, township, or other special district created by or pursuant to law.

(e) “Private or public non-profit organizations" means an institution, organization, or association, either private or public, which has tax exempt status as defined in section 501(a) of the Internal Revenue Code.

(f) “Applicant” means a State or political subdivision or combination thereof, or private or public nonprofit organiza

[blocks in formation]

tion seeking a Federal grant for a travel from the U.S. Travel Service. This appromotional project.

plication form incorporates assurances (g) "Travel promotional project" of compliance with the nondiscriminameans an activity or program designed to tion requirements of title VI of the Civil enhance a State or political subdivision Rights Act of 1964 (42 U.S.C. 2000d-1 et as a desired travel destination of resi- . seq.) and implementing regulations dents of foreign countries or to inform (§ 8.1 et seq. of this title). Also, the form such residents and to encourage them shall contain the date, address, and offito visit a State or political subdivision cial title of the applicant and shall be through such means as:

signed by an authorized representative. (1) Preparing and disseminating ma (d) Every application, except where terials, including brochures, leaflets, specifically waived by the Assistant Secbooklets, posters, and displays featuring retary, shall be accompanied by the foldomestic regional and local attractions lowing exhibits: in appropriate foreign languages in for (1) Exhibit No. 1. A statement setting eign cities and countries that constitute forth in detail the current level of toura potential travel market to the States; ism in area in terms of (i) numbers of

(2) Carrying out either singly or in tourists in area, both foreign and doconjunction with other States and/or mestic; (ii) impact of tourism on area other political subdivisions and/or with economy (i.e., employment and income); U.S. Travel Service, special promotions and (iii) current efforts to develop and of facilities, attractions, events and serv promote tourism in area. ices of an area by means of exhibits, (2) Exhibit No. 2. A project statement shows, films, etc.;

setting forth in detail the existing need (3) Planning, developing and sponsor for Federal assistance, the goals and obing advertising campaigns in foreign jective thereof, in terms of tourism recountries to inform and encourage for ceipts and their effects on area jobs and eign residents to visit;

income, the specific methods proposed (4) Undertaking projects to upgrade for accomplishing these objectives in and improve tourist facilities and serv terms of personnel and funds and the ices to better serve the foreiga resident; procedures that will be used to evaluate

(5) Carrying out other projects that the project. indicate a high probability of increasing (3) Exhibit No. 3. A statement setting foreign tourism;

forth in detail the budget proposed for (h) "Matching funds" means funds the project, together with procedures for that are provided by the State or polit fiscal control, funding, accounting and ical subdivision or by a combination auditing to assure proper disbursement thereof, or from other non-Federal of funds paid to the applicant. sources and may include fees, contri (4) Exhibit No. 4. Documentation esbutions, donations, gifts of money, and tablishing that the applicant has coordispecial user charges from persons and nated the travel promotion project with private profit or nonprofit firms, organi other States (when regional cooperation zations, or institutions.

is desirable) and with other publicly sup

ported activities within the States or $ 1200.3 Applications for Federal grant for travel promotional projects.

political subdivision, as appropriate, and

the extent and manner in which such (a) Each applicant seeking a Federal coordination has been carried out by grant for a travel promotional project identifying such projects and activities shall file an application, as further speci and indicating how any duplication of fied below, with the Assistant Secretary. other travel promotion project in the

(b) Every application, exhibit, or en area has been avoided. closure, except where specifically waived (5) Exhibit No. 5. Certification by the by the Assistant Secretary, shall be in Governor of the State or the chief politquadruplicate, duly authenticated and ical officer of the political subdivision or referenced, and addressed to the As the president of the private or public sistant Secretary of Commerce for Tour nonprofit organization, as the case may ism, U.S. Travel Service, U.S. Depart be, that the applicant hasment of Commerce, Washington, D.C.

(i) Established adequate standards 20230.

and rules to insure that no officer or (c) Every application shall be on employee of the State or political subUSTS Form, “Request for Travel Promo division or their designated agencies, or tion Project Grant,” which is available private or public organization, shall re

ceive compensation from sources other travel promotional project is designed to than his employer for tourism develop carry out the purposes of the Act; (2) the ment or promotional services for which project will facilitate and encourage funds are provided under the Act and travel to the State or political subdivision that no such officer or employee shall or combination thereof by foreign resiotherwise maintain any private interest dents; and (3) matching funds will be in conflict with his public responsibility. available from State or other nonEach applicant will furnish a copy of the Federal sources. standards and rules which are estab (c) In no event shall the amount of lished to avoid any conflict of interest any grant made under the regulations in connection with the administration of of this part for any travel promotion a grant which may be made under the project exceed 50 percent of the total Act. Such rules shall clearly set forth the cost of the project. standards and procedures which officers,

§ 1200.5 Grant accounting and records. employees, and consultants can follow to avoid any conflict of interest.

(a) Accounting for grant funds shall (ii) Determined that matching funds

consist of any generally accepted acwill be available from States or other

counting system and internal control non-Federal sources. In addition, each

procedures, including provisions for applicant shall indicate the basis for the audit, provided that they meet the foldetermination by identifying such lowing requirements: sources.

(1) Separate ledger accounts are es(iii) Determined that such travel pro

tablished for each grant or grant projmotional project supported by a grant

ect which conforms to or permits ready under the Act does not provide or ar

identification with grant budget caterange transportation for, or accommoda gories. Such accounts should provide tions to, persons traveling between for

separate and specific accountability of eign countries and the States in competi

receipts, expenditures, and balances. tion with any private business engaged in

Separate accounts may be maintained providing or arranging for such trans

for each annual period, but are not portation and accommodations.

required. (iv) Planned no services specially re

(2) Supporting records of project exJated to a particular firm or company,

penditures are maintained in sufficient public work or other capital project ex

detail and itemization to show the exact cept insofar as the services are of general nature of each expenditure. Such records concern to the industry and commerce

should clearly indicate to which major of the State or political subdivision. If

budget category and subitems within the the applicant has planned services which

category an expenditure is charged. are specially related to a particular firm

(3) Reimbursements of travel expenses or company, public work or other capital are supported by vouchers containing the project, a statement shall be furnished signature of the individual performing by the applicant to the Assistant Secre the travel and the person authorized by tary describing such services and the the applicant to approve such travel. basis for the determination that such

Vouchers should show the starting point services are of general concern to the

and destination of travel, dates of travel, industry and commerce of the State or

itemization of amounts expended for political subdivision.

transportation and a statement of the

amounts expended for transportation $ 1200.4 Action on application.

and a statement of the amount of per (a) Upon receipt of an application, the

diem due (not to exceed the per diem Assistant Secretary shall designate an

authorized by the State or political subemployee of the U.S. Travel Service who

division or the rate of $25 per day will investigate the application and ac

(whichever is less)). companying exhibits for compliance with (4) Each expenditure is referenced to the provisions of $ 1200.3 and report his a supporting purchase order, contract, findings with respect thereto to the voucher, invoice, or bill, properly apAssistant Secretary.

proved. Special voucher forms are not (b) The Assistant Secretary, within a necessary since ordinarily the documents reasonable time after receipt of the re used by a designated agency to support port referred to in paragraph (a) of this expenditures from its own funds will be section, may authorize a grant to the sufficient. Whenever possible, separate applicant provided he finds that (1) the orders should be issued for purchases

charged to grant funds in order that bills or invoices will not contain items charged to other funds.

(5) Grant number, account number, date, and expense classification are identified on invoices or vouchers charged to other funds.

(6) Payroll authorizations are maintained to effect control on salaries and wages charged against grant funds. These authorizations shall be approved by the appropriate authority in the State or political subdivision.

(7) Some objective evidence of time devoted to the grant project is maintained. As a minimum, a statement should be prepared at the end of each pay period showing the names of employees, the percentage of time each devoted to grant projects, the gross amounts of salaries and approval by appropriate authority in the designated agency.

(8) Adequate records are maintained supporting charges for fringe benefits, such as pensions, retirement, social security tax (FICA), etc., when included in the project budgets.

(9) All canceled checks are filed and are readily accessible for examination. When cash disbursements are made, they must be supported by receipts approved by appropriate authority.

(10) The accounting system is adequate to permit immediate identification of project balances and funds in general accounts, or separate bank accounts may be established for project funds.

(11) Inventory records are maintained for all equipment purchased with grant funds.

(12) The applicant receiving Federal funds under the Act shall require all subcontractors to provide documentation covering receipt and expenditure of grant and matching funds for which the designated agency is held responsible.

(13) The grant accounting system provides for adequate internal audits and the use of written policies and instructions defining accounting policies, procedures and controls.

(14) All income from project activity (sale of publications, entrance fees, user charges, etc.) is accounted for and clearly identified in financial reports. $ 1200.6 Reports.

Financial reports and descriptive reports will be required as the Assistant Secretary may specify. Each applicant is also required to submit to the Assistant

Secretary within 90 days after the official termination date of the grant (a) a final financial report, and (b) a descriptive report describing and evaluating the project accomplishments. § 1200.7 Inspection and audit.

(a) The Assistant Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination, any books, documents, papers, and records of the designated agency that are pertinent to Federal assistance received under the Act.

(b) Financial records must be kept on file for a minimum of 3 years following the termination of the grant. The required retention period may be extended by written notification by the Assistant Secretary. § 1200.8 Publications.

(a) If the applicant desires to publish information resulting from the grant, the general provisions accompanying the grant will contain regulations regarding acknowledgment and disclaimer requirements.

(b) A determination as to responsibilities will be made on a case-by-case basis; however, the Government reserves a nonexclusive license to use and reproduce for Government purposes, without payment, any publishable matter or information collected, including copyrighted material, arising out of the applicant's activities. $ 1200.9 Collection of information.

If the applicant collects information from the public on its own initiative in connection with a research or other general purpose project, it will not, without prior written approval of the Assistant Secretary, in any way represent that the information is being collected by or for a Federal agency. § 1200.10 Termination.

(a) Grants may be terminated, in whole or in part, by the Assistant Secretary if he finds that any of the following conditions exist:

(1) The applicant, or those with whom such agency has contracted or subcontracted, is not complying with the provisions of the Act, with the regulations in this part, or with any of the provisions of the grant; or

(2) Any funds paid to the applicant under the provisions of the Act or the

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