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(b) The presiding officer of the be charged as provided in 45 CFR meeting (usually the Chairman of the 612.6.

Board) shall furnish a statement setEn ting forth the time and place of the

[42 FR 55619, Oct. 18, 1977) meeting and the persons present.

8 614.5 Public announcement. is (c) The Board shall make a complete e transcript or electronic recording ade

(a) Except as provided in paragraphs quate to record fully the proceedings

(c) and (d) of this section, the National of each portion of the meeting that is

Science Board will make a public anclosed to the public.

nouncement of each Board meeting at

least one week before the meeting (d) The National Science Board

takes place. The announcement will Office shall maintain the General

cover: Counsel's certificate, the presiding of

(1) The time, place, and subject ficer's statement, and the transcript or

matter of the meeting; recording of the meeting for at least

(2) What portions of the meeting, if two years after the meeting and at

any, are to be closed to the public; and least one year after the Board com

(3) The name and telephone number pletes consideration of any proposal,

of the official designated to respond to report, resolution, or similar matter

requests for information on the meetdiscussed in any closed portion of the

ing. meeting.

(b) Each such announcement will be El action 8 614.4 Opening of transcript or recording.

promptly posted on public notice

boards at the National Science Foun(a) Except as otherwise provided in dation and made available to journals ricep this section, the transcript or electron of general scientific interest. ImmediSing , al ic recording of every portion of every ately following the issuance of such an

meeting closed to the public will announcement, it will be submitted for

promptly be made available on request publication in the FEDERAL REGISTER. lieved to any member of the public in an (c) The announcement may be made ffecteil easily accessible place.

less than a week before the meeting it (b) Informal requests to inspect or announces or after the meeting only if copy the transcript or electronic re (1) the Board by record vote deterparagi cording of a closed session may be mines that agency business requires section! made to the staff of the National Sci the meeting to be called on such short essed wol ence Board and will be handled infor or after-the-fact notice and (2) an anNational mally and expeditiously. Written re nouncement is made at the earliest mn, DCi quests to inspect or copy such a tran practicable time. Member script or recording that cite the Free (d) All or any portion of the anleast be dom of Information Act or the Sun nouncement of any meeting may be eting

, i shine Act will be treated as formal re omitted if the Board by record vote - the Bu quests made under the Freedom of In determines that the announcement ote this formation Act. They will be handled would disclose information which on of the under the Foundation's Freedom of should be withheld under the same

Information procedures described in standards as apply for closing meet45 CFR Part 612. The exemptions of ings under $ 614.2. these Sunshine Act regulations, 45 CFR 614.2, will govern, however, in de 8 614.6 Meeting changes. termining what portions of the tran (a) The time or place of a meeting of script or recording may be withheld. the National Science Board that has

(c) A request to inspect or copy a been publicly announced as provided transcript electronic recording in § 614.5 may subsequently be should specify the date of the meeting changed, but any such change will be and the agenda item or items to which publicly announced at the earliest the request pertains. It should contain practicable time.

a promise to pay the costs of any du (b) The subject matter of any porsplication requested.

tion of any meeting of the Board that (d) No search or transcription fees has been publicly announced as prowill be charged. Duplication fees may vided in 8 614.5 or the determination

reques i

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whether any portion of any meeting so PART 617-NONDISCRIMINATION publicly announced will be open or ON THE BASIS OF AGE IN PROclosed may subsequently be changed,

GRAMS OR ACTIVITIES RECEIVING but only when:

FEDERAL FINANCIAL ASSISTANO (1) The Board determines by record

FROM NSF vote that agency business so requires and that no earlier announcement of

Sec. the change was possible; and

617.1 Purpose. (2) The Board publicly announces 617.2 Definitions. the change and the vote of each 617.3 Standards. Member on the change at the earliest 617.4 General duties of recipients. practicable time.

617.5 Self-evaluation.

617.6 Information requirements. 8 614.7 Record vote.

617.7 Compliance reviews.

617.8 Pre-award reviews. (a) For purposes of this part a vote 617.9 Complaints. of the National Science Board is a 617.10 Mediation. “record vote" if: (1) It carries by a ma 617.11 Investigation. jority of all those holding office as

617.12 Compliance procedure. Board Members at the time of the

617.13 Hearings, decisions, post-termins

tion proceedings. vote;

617.14 Remedial action by recipients. (2) No proxies are counted toward

617.15 Exhaustion of administrative reme the necessary majority; and

dies. (3) The individual vote of each 617.16 Prohibition against intimidation or Member present and voting is record

retaliation. ed.

APPENDIX I TO 45 CFR PART 617–LIST OI (b) Within one day of any such AGE DISTINCTIONS PROVIDED IN FEDERAL record vote or any attempted record

STATUTES OR REGULATIONS AFFECTING

FEDERAL FINANCIAL ASSISTANCE ADMINIS vote that fails to achieve the necessary

TERED BY NSF majority under paragraph (a)(1) of this section, the Board Office will AUTHORITY: Age Discrimination Act d make publicly available a written

1975, as amended, 42 U.S.C. 6101, et seq.; 4"

CFR Part 90. record showing the vote of each Member on the question.

SOURCE: 49 FR 49628, Dec. 21, 1984, unless

otherwise noted. (c) Within one day of any record vote under which any portion or por 8 617.1 Purpose. tions of a Board meeting are to be closed to the public, the Board Office

This part prescribes NSF's policies will make available a full written ex

and procedures under the Age Dis

crimination Act of 1975 and the De planation of the Board's action and a

partment of Health and Human Sertlist of all persons expected to attend

ices government-wide age discriminathe meeting, showing their affili.

tion regulations at 45 CFR Part 90. ations.

The Act and Part 90 prohibit discrimi.

nation on the basis of age in programs 8 614.8 Application to Board Executive

or activities receiving Federal financial Committee.

assistance. The Act and Part 90 permit Al the provisions of this part appli federally assisted programs and activicable to the National Science Board ties and recipients of Federal funds to shall apply equally to the Executive continue to use age distinctions and Committee of the Board whenever the factors other than age which meet the Executive Committee is meeting pur requirements of the Act and Part 90. suant to its authority to act on behalf

8 617.2 Definitions. of the Board.

The following terms used in this
part are defined in Part 90:
Act
Action

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8 617.4 General duties of recipients.

Each recipient of Federal financial assistance from NSF shall com ly with the Act, Part 90, and this part. Each NSF award of Federal financial assist

ance shall contain the following provice sion:

8 617.7 Compliance reviews.

(a) NSF may conduct compliance reviews of recipients that will permit it to investigate and correct violations of the Act. NSF may conduct these reviews even in the absence of a complaint against a recipient. The review may be as comprehensive as necessary to determine whether a violation of the Act has occurred.

(b) If a compliance review indicates a violation of the Act, NSF will attempt to achieve voluntary compliance with the Act. If voluntary compliance cannot be achieved, NSF may arrange for enforcement described in $ 617.12.

as

2nd

COMPLIANCE WITH AGE DISCRIMINATION ACT

The recipient agrees to comply with the Age Discrimination Act of 1975 as imple: 6 mented by the Department of Health and DU Human Services regulations at 45 CFR Part 85 ! 90 and the regulations of the Foundation at wa! 45 CFR Part 617. In the event the recipient

passes on NSF financial assistance to subre

cipients, this provision shall apply to the sustiri brecipients, and the instrument under JOLE which the Federal financial assistance is

passed to the subrecipient shall contain a lju provision identical to this provision. 8 617.5 Self-evaluation.

(a) Each recipient (including subreci57!! pients) employing the equivalent of je # fifteen or more full-time employees

shall complete a written self-evaluation of its compliance under this part

within 18 months of the effective date ERof these regulations, unless a similar bit evaluation has been completed for an

other agency.

(b) In its self-evaluation, each recipimig ent shall identify all age distinctions it and uses and justify each age distinction it

alto imposes on the program or activity repening ceiving Federal financial assistance

from NSF.

(c) Each recipient shall take corrective action whenever a self-evaluation indicates a violation of the Act.

(d) Each recipient shall make the self-evaluation available on request to NSF and the public for three years after its completion.

8 617.8 Pre-award reviews.

NSF reserves the right to conduct pre-award reviews of applicants for Federal financial assistance from NSF in cases where the NSF has substantial reason to believe that a potential recipient who is not then a recipient of other NSF financial assistance under the same program or activities may engage in practices under that program or activity that would violate the Act. However, the results of any such review shall not constitute a basis for NSF refusal to grant financial assistance to the applicant under that program or activity unless the procedural requirements of the Act (42 U.S.C. 6104) and $8 617.12 and 617.13 of this part have been followed.

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8 617.9 Complaints.

(a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with NSF, alleging discrimination prohibited by the Act. A complainant shall file a

complaint within 180 days from the shall send & copy of the agreement to date the complainant first had knowl NSF. NSF shall take no further action edge of the alleged act of discrimina on the complaint unless the complantion. However, for good cause shown, ant or the recipient falls to compl NSF may extend this time limit.

with the agreement, in which case the (b) NSF will accept as a sufficient

other party may request that the con complaint, any written statement plaint be reopened. which identifies the parties involved (d) The mediator shall protect the and the date the complainant first had confidentiality of all information or knowledge of the alleged violation, de- tained in the course of the mediatio scribes generally the action or practice

process. No mediator shall testify i complained of, and is signed by the

any adjudicative proceeding, produs: complainant. If an insufficient com

any document, or otherwise disclox plaint is amended within 10 working

any information obtained in the days after notice by NSF to the com

course of the mediation process with plainant of the deficiency, NSF will consider the amended complaint as

out prior approval of the head of the

Federal Mediation and Conciliatin filed on the date the original insuffi. cient complaint was filed for purposes

Service. of determining if it was timely filed.

(e) NSF will use the mediation prv However, all other time requirements

ess for a maximum of 60 days after . established by the Act and this part

ceiving a complaint. Mediation ends : shall run from the date the amended (1) 60 days elapse from the time complaint was filed.

NSF receives a sufficient complaint : (c) On receipt of any complaint NSF (2) Before the end of the 60 de shall promptly send written acknowl period, an agreement is reached; of edgement to the complainant, and a (3) Before the end of the 60 de copy of the complaint to the recipient. period, the mediator determines tor In addition, NSF shall send either an agreement cannot be reached. copies of this part or other pertinent (f) The mediator shall return wie information describing the rights and solved complaints to NSF. obligations of the parties.

(d) NSF will return to the complain 8 617.11 Investigation. ant any complaint outside the coverage of this part, and will state why it

(a) Informal investigation. (1) NS is outside the coverage of this part.

will investigate complaints that it

unresolved after mediation or are : 8 617.10 Mediation.

opened because of violation of & Dec

ation agreement. (a) NSF will refer to the Federal Mediation and Conciliation Service all

(2) As part of the initial investie complaints that fall within the juris

tion, NSF will use informal fact fru diction of this part and contain all in

ing methods, including joint or sent formation necessary for further proc

rate discussions with the complainsi essing.

and recipient, to establish the fact (b) Both the complainant and the

and, if possible, will settle the can recipient shall participate in the medi

plaint on terms that are agreeable T ation process to the extent necessary

the parties. NSF may seek the asse to reach an agreement or for a media ance of any involved State progrh tor to make an informed judgement agency. that an agreement is not possible. NSF (3) NSF will put any agreemeni I will take no further administrative writing and have it signed by the pe action on any complaint if the com ties and an authorized official of NST plainant refuses to participate in the (4) A settlement shall not afik mediation process.

other enforcement efforts of NSF, 11: (c) If the complainant and the recip cluding compliance reviews, or inditu ient reach an agreement, the mediator ual complaints that involve the recit shall prepare a written statement of ent, the agreement and have the complain (5) A settlement is not a finding a ant and recipient sign it. The mediator discrimination against the recipient.

bell (b) Formal investigation. If NSF to comply with this part and has de-
non cannot resolve the complaint through termined that voluntary compliance
es informal investigation, it will begin to cannot be obtained.
tal develop formal findings through fur (e) NSF will not terminate or refuse
un rather investigation of the complaint. If to grant Federal financial assistance
eest to the investigation indicates a violation until thirty days have elapsed after

of the Act, NSF will try to obtain vol the Director has sent a written report shell, untary compliance. If NSF cannot of the circumstances and grounds of into obtain voluntary compliance, it will the action to the committees of the of the begin enforcement as described in Congress having legislative jurisdic

$ 617.12. If the investigation does not tion over the Federal program or acindicate a violation of the Act, NSF tivity involved. The Director will file a hen will issue a written determination in report whenever any action is taken favor of the recipient.

under paragraph (f) of this section.

(f) Alternate Funds Disbursal Proce8 617.12 Compliance procedure.

dures. (1) When NSF withholds funds (a) NSF may enforce this part by from a recipient under these regulaeither termination of a recipient's fi tions, the Secretary may disburse the nancial asistance from NSF under the withheld funds directly to an alternate

program or activity involved where the recipient: Any public or non-profit pri-
* recipient has violated the Act or this vate organization or agency, or State
isa part or refusal to grant further finan or political subdivision of the State.
free cial assistance under the program or (2) The Director will require any al-
O activity involved where the recipient ternate recipient to demonstrate:
ci has violated the Act or this part. The (i) The ability to comply with these
sed determination of the recipient's viola regulations; and
di tion may be made only after a recipi-

(ii) The ability to achieve the goals ent has had an opportunity for a hear

of the Federal statute authorizing the ing on the record before an adminis

program or activity. trative law judge. Therefore, cases settled in the mediation process or before 8 617.13 Hearings, decisions, post-terminaa hearing will not involve termination tion proceedings. of a recipient's Federal financial assistance from NSF.

Procedures prescribed in 45 CFR

611.9 and 611.10 for NSF enforcement (b) NSF may also enforce this part ma by any other means authorized by law,

of Title VI of the Civil Rights Act of including but not limited to:

1964 shall apply also for NSF enforce(1) Referral to the Department of

ment of this part. At the conclusion of Justice for proceedings to enforce any

any action taken under $ 617.12, NSF, rights of the United States or obliga

shall remind both parties of the right mai * tions by this part.

to judicial review established by 42

U.S.C. 6105. (2) Use of any requirement of or referral to any Federal, State, or local

8 617.14 Remedial action by recipients. government agency that will have the et effect of correcting a violation of the

Where the Director finds that a ree Act or this part.

cipient has discriminated on the basis (C) NSF will limit any termination or of age, the recipient shall take any rese o refusal to grant further financial as

medial action the Director may resistance to the particular recipient and quire to overcome the effects of the the particular program found to be in

discrimination. If another recipient violation of the Act. NSF will not base exercises control over the recipient it any part of a termination or refusal on that has discriminated, the Director a finding with respect to any program

may require both recipients to take refor activity of the recipient which does

medial action, not receive Federal financial assistance for NSF.

8 617.15 Exhaustion of administrative (d) NSF will not begin any hearing

remedies. under paragraph (a) until the Director (a) A complainant may file a civil has advised the recipient of its failure action after exhausting administrative

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