tion to collect the penalty in a United States District Court for any district in which the person assessed a civil penalty is found, resides, or transacts business. Where the Commissioner is not represented by the Attorney General, a civil action may be initiated directly by the Commissioner.

(j) Other remedies not waived. Assessment of a penalty under this section shall not be deemed a waiver of the right to pursue other available legal or administrative remedies.

$1104.15 Civil penalty amounts.

(a) Maximum amount of penalty. (1) Where the person being assessed a civil penalty has not committed any previous violation of any prohibition in $1104.3 or of any term or condition included in a permit issued pursuant to this part, the maximum amount of the penalty shall be the full cost of restoration and repair of archaeological resources damaged plus the archaeological or commercial value of archaeological resources destroyed or not recovered.

(2) Where the person being assessed a civil penalty has committed any previous violation of any prohibition in §1104.3 or of any term or condition included in a permit issued pursuant to this part, the maximum amount of the penalty shall be double the cost of restoration and repair plus double the archaeological or commercial value of archaeological resources destroyed or not recovered.

(3) Violations limited to the removal of arrowheads located on the surface of the ground shall not be subject to the penalties prescribed in this section.

(b) Determination of penalty amount, mitigation, and remission. The Commissioner may assess a penalty amount less than the maximum amount of penalty and may offer to mitigate or remit the penalty.

(1) Determination of the penalty amount and/or a proposal to mitigate or remit the penalty may be based upon any of the following factors:

(1) Agreement by the person being assessed a civil penalty to return to the Commissioner archaeological resources removed from public lands;

(ii) Agreement by the person being assessed a civil penalty to assist the

Commissioner in activity to preserve, restore, or otherwise contribute to the protection and study of archaeological resources on public lands;

(iii) Agreement by the person being assessed a civil penalty to provide information which will assist in the detection, prevention, or prosecution of violations of the Act or this part;

(iv) Demonstration of hardship or inability to pay, provided that this factor shall only be considered when the person being assessed a civil penalty has not been found to have previously violated the regulations in this part;

(v) Determination that the person being assessed a civil penalty did not willfully commit the violation;

(vi) Determination that the proposed penalty would constitute excessive punishment under the circumstances;

(vii) Determination of other mitigating circumstances appropriate to consideration in reaching a fair and expeditious assessment.

(2) When the penalty is for a violation which may have had an effect on a known Indian tribal religious or cultural site on public lands, the Commissioner should consult with and consider the interests of the affected tribe(s) prior to proposing to mitigate or remit the penalty.

§ 1104.16 Other penalties and rewards.

(a) Section 6 of the Act contains criminal prohibitions and provisions for criminal penalties. Section 8(b) of the Act provides that archaeological resources, vehicles, or equipment involved in a violation may be subject to forfeiture.

(b) Section 8(a) of the Act provides for rewards to be made to persons who furnish information which leads to conviction for a criminal violation or to assessment of a civil penalty. The Commissioner may certify to the Secretary of the Treasury that a person is eligible to receive payment. Officers and employees of Federal, State, or local government who furnish information or render service in the performance of their official duties, and persons who have provided information under § 1104.15(b)(1)(iii) shall not be certified eligible to receive payment of rewards.

81104.17 Confidentiality of archae

ological resource information.

(a) The Commissioner shall not make available to the public, under subchapter II of chapter 5 of title 5 of the United States Code or any other provision of law, information concerning the nature and location of any archaeological resource, with the following exceptions:

(1) The Commissioner may make information available, provided that the disclosure will further the purposes of the Act and this part, or the Act of June 27, 1960, as amended (16 U.S.C. 469469c), without risking harm to the archaeological resource or to the site in which it is located.

(2) The Commissioner shall make information available, when the Governor of any State has submitted to

the Commissioner a written request for information, concerning the archaeological resources within the requesting Governor's State, provided that the request includes:

(i) The specific archaeological resource or area about which information is sought;

(ii) The purpose for which the information is sought; and

(iii) The Governor's written commitment to adequately protect the confidentiality of the information.

$1104.18 Report to the Secretary of the Interior.

The Commissioner, when requested by the Secretary of the Interior, shall submit such information as is necessary to enable the Secretary to comply with section 13 of the Act.

PART 1201-PUBLIC INFORMATION

AUTHORITY: Sec. 621, 22 U.S.C. 2381, as amended; 5 U.S.C. 552.

CROSS REFERENCE The regulations establishing procedures under the Freedom of Information Act for the United States International Development Cooperation Agency are codified in 22 CFR 212.1 through 212.51, prescribed jointly by the United States International Development Cooperation Agency and the Agency for International Development.

[45 FR 20790, Mar. 31, 1980]

PART 1202-REGULATIONS TO IMPLEMENT THE PRIVACY ACT OF 1974

AUTHORITY: Sec. 621, 22 U.S.C. 2381, as amended; 5 U.S.C. 552a.

CROSS REFERENCE-The regulations establishing procedures by which an individual may obtain notification of the existence of agency records pertaining to that individual, gain access to those records, request an amendment to those records, and appeal adverse decisions to requests for amendment or correction of agency records are codified as 22 CFR 215.1 through 215.14, prescribed jointly by the United States International Development Cooperation Agency and the Agency for International Development.

[45 FR 20791, Mar. 31, 1980]

1203.735-211 Activities relating to private organizations and politics.

1203.735-212 Wearing of uniforms. 1203.735-213 Recommendations for employment.

1203.735-214 Transmitting communications and gifts.

1203.735-215 General conduct prejudicial to the Government.

1203.735-216 Miscellaneous statutory provisions.

1203.735-217 Requesting exceptions from certain statutory prohibitions.

Subpart C-Ethical and Other Conduct and Responsibilities of Special Govemment Employees

1203.735-301 Conflicts of interest. 1203.735-302 Use of Government employment. 1203.735-303 1203.735-304 1203.735-305

vors.

Use of inside information.
Coercion.

Gifts, entertainment, and fa

1203.735-306 Miscellaneous statutory provi sions.

Subpart D-Statements of Employment and Financial Interests

1203.735-401 Employees required to submit

statements.

1203.735-402 Employees not required to submit statements.

1203.735-403 Employee's complaint on filing requirement.

1203.735-404 Time and place of submission. and forms.

1203.735-405 Information required.

1203.735-406 Submission of position descrip

tion.

1203.735-407 Supplementary statements. 1203.735-408 Review of statements and determination as to conflicts of interest. 1203.735-409 Confidentiality of employees

statements.

1203.735-410 Effect of employees' statements on other requirements.

1203.735-411 Disqualification procedures.

AUTHORITY: EO 11222 of May 8, 1965, as amended; 5 CFR 735.104.

SOURCE: 43 FR 18976, May 2, 1978, and 45 FR 18922, Mar. 24, 1980, unless otherwise noted. EDITORIAL NOTE: At 45 FR 18922, Mar. 24, 1980, the International Development Co

operation Agency added part 1203 by adopting and amending regulations of the Department of State codified in 22 CFR 10.735-101 through 10.735-411. The State Department regulations were originally published in full text at 43 FR 18976, May 2, 1978.

Subpart A-General Provisions

1203.735-101 Purpose.

The maintenance of the highest standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts the regulations in this part prescribe standards of conduct and responsibilities for employees and special Government employees and require statements reporting employment and financial interests.

NOTE: These regulations are codified in State 3 FAM 620, AID Handbook 24, and ICA MOA V-A 550.

1203.735-102 Definitions.

(a) Agency means the United States International Development Cooperation Agency (IDCA).

(b) Employee means an officer or employee at home or abroad, of an agency named in paragraph (a) of this section, but does not include a special Government employee or a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, National Oceanic and Atmospheric Administration, or Public Health Service.

(c) Executive order means Executive Order 11222 of May 8, 1965, as amended. (d) Person means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(e) Special Government employee means an officer or employee of an agency who is retained, designated, appointed, or employed to perform, with or without compensation, for not to exceed 130

days during any period of 365 consecutive days, temporary duties either on a full-time or intermittent basis.

(f) Member of an employee's family means a spouse, minor child, or other member of an employee's immediate household. For the purpose of these regulations member of an employee's immediate or in-law household means those blood relations who are residents of the employee's household.

(g) Counselor means the agency's Counselor on Ethical Conduct and Conflicts of Interest.

§1203.735-103 Interpretation and advisory service.

(a) Counseling services on employee responsibilities and conduct are available in each agency. These services are to be coordinated by a Counselor appointed by the agency head. The Counselor for IDCA is the General Counsel. The Counselor serves as the agency's designee to the Civil Service Commission on matters covered by the regulations in this part and is responsible for coordination of the agency's counseling services under paragraph (b) of this section and for assuring that counseling and interpretations on questions of conflicts of interest and other matters covered by these sections are available to deputy counselors designated under paragraph (b) of this section.

(b) Each agency head may designate deputy counselors for the agency's employees and special Government employees. Deputy Counselors designated under this section must be qualified and in a position to give authoritative advice and guidance to each employee and special Government employee who seeks advice and guidance on questions of conflicts of interest and on other matters covered by the regulations in this part. A Washington employee or special Government employee should address any inquiries concerning the regulations in this part to the Counselor. At missions abroad the chief of each agency's establishment designates an officer, preferably the legal officer where one is available, to provide counseling services under the guidance of the Counselor; a single officer may serve all agencies. An employee or special Government employee serving