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questers must reasonably describe the records sought.
cating the records sought. Requesters must reasonably describe the records sought. Moreover, in the case of such a request, NASA will not consider a request for waiver or reduction of fees based upon an assertion that disclosure would be in the public interest. Commercial use requesters are not entitled to 2 hours of free search time nor to 100 free pages of reproduction of documents.
(b) Educational and noncommercial scientific institition requesters. NASA shall provide documents to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages. To be eligible for inclusion in this category, requesters must show that the request being made is authorized by and under the auspices of a qualifying institution and that the records are not being sought for a commercial use, but are being sought in furtherance of schol. arly (if the request is from an educational institution) or scientific (if the request is from a noncommercial scientific institution) research. Requesters must reasonably describe the records sought.
(c) Requesters who are representatives of the news media. NASA shall provide documents to requesters in this category for the cost of reprcduction alone, excluding charges for the first 100 pages. To be eligible for inclusion in this category, a requester must demonstrate that he/she meets the criteria in $ 1206.101(0) of this part, and his/her request must not be made for a commercial use. Requesters must reasonably describe the records sought.
(d) All other requesters. NASA shall charge requesters who do not fit into any of the categories mentioned in this section, fees which recover the full direct reasonable cost of searching for and reproducing records that are responsive to the request, except that the first 100 pages of reproduction and the first 2 hours of search time shall be furnished without charge. Moreover, requests from individuals for records about themselves located in NASA's systems of records will contin ue to be processed under the fee provi. sions of the Privacy Act of 1974, which permits fees only for reproduction. Re
81206.702 Waiver or reduction of fees.
The burden is always on the requester to provide the evidence to qualify him/her for a fee waiver or reduction.
(a) NASA shall furnish documents without charge or at reduced charges in accordance with 5 U.S.C. 552(a)(4)(A)(iii), provided that: (1) Disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and (2) it is not primarily in the commercial interest of the requester.
(b) Where these two statutory requirements are satisfied, based upon information supplied by the requester or otherwise made known to NASA, the FOIA fee shall be waived or reduced. Where one or both of these requirements is not satisfied, a fee waiver or reduction is not warranted under the statute.
(c) In determining whether disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government, the following considerations shall be applied:
(1) Whether the subject of the requested records concerns “the operations or activities of the government”;
(2) Whether the disclosure is "likely to contribute” to an understanding of government operations or activities;
(3) Whether disclosure of the requested information will contribute to "public understanding”; and
(4) Whether the disclosure is likely to contribute "significantly” to public understanding of government operations or activities.
(d) In determining whether disclosure of the information “is not primarily in the commercial interest of the requester,” the following consideration shall be applied:
(1) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and if so,
(2) Whether the magnitude of the new request or a pending request from identified commercial interest of the that requester. requester is sufficiently large, in com- (b) When NASA acts under paraparison with the public interest in dis- graphs (a) (1) and (2) of this section, closure, that disclosure is “primarily in the administrative time limits will the commercial interest of the re- begin only after NASA has received quester."
the fee payments described in para
graph (a) of this section. 8 1206.703 Aggregation of requests.
A requester may not file multiple re 81206.705 Form of payment. quests at the same time, each seeking Payment by mail shall be made by portions of a document or documents, check or money order payable to the solely in order to avoid payment of “National Aeronautics and Space Adfees. When NASA has reason to be
ministration” and sent to the NASA lieve that a requester or a group of re- office which processed the request. questers acting in concert, is attempting to break a request down into a 81206.706 Nonpayment of fees. series of requests for the purpose of
(a) Interest to be charged. Requesters evading the assessment of fees, NASA
are advised that should they fail to will aggregate any such requests and
pay the fees assessed, they may be charge accordingly. NASA will consid
charged interest on the amount billed er that multiple requests made within
starting on the 31st day following the a 30-day period were so intended,
day on which the billing was sent. Inunless there is evidence to the con
terest will be at the rate prescribed in trary. Where the relevant time period
section 3717 of Title 31 U.S.C. exceeds 30 days, NASA will not
(b) Applicability of Debt Collection assume such a motive, unless there is
Act of 1982 (Pub. L. 97-365). Requestevidence to the contrary. In no case
ers are advised that if full payment is will NASA aggregate multiple requests on unrelated subjects from one re
not received within 60 days after the
billing was sent, the procedures of the quester.
Debt Collection Act may be invoked 14 8 1206.704 Advance payments.
CFR 1261.407-1261.409). These proce
dures include three written demand (a) NASA will not require a request
letters at not more than 30-day interer to make an advance payment, i.e.,
vals, disclosure to a consumer reportpayment before work is commenced or
ing agency, and the use of a collection continued on a request, unless:
agency, where appropriate. (1) NASA estimates or determines that the allowable charges are likely to exceed $250. NASA will notify the
Subpart 8-Failure to Release requester of the likely cost and obtain
Records to the Public satisfactory assurance of full payment
8 1206.800 Failure to release records to where the requester has a history of prompt payment of FOIA fees, or re
the public. quire an advance payment of an (a) Except to the extent that a amount up to the full estimated person has actual and timely notice of charges in the case of requesters with the terms thereof, a person may not in no history of payment; or
any manner be required to resort to, (2) A requester has previously failed or be adversely affected by, a matter to pay a fee in a timely fashion required to be published in the FEDER(within 30 days of billing), then NASA AL REGISTER under $ 1206.200(a) and may require the requester to pay the not so published. full amount owed plus any applicable (b) A final order, opinion, statement interest as provided below (see of policy, interpretation, or staff $ 1206.706(a)), or demonstrate that manual or instruction that affects a he/she has, in fact, paid the fee, and member of the public may be relied to make an advance payment of the upon, used, or cited as precedent by full amount of the estimated fee NASA against any member of the before the agency begins to process a public only if it has been indexed and
dence submitted, shall submit its findings and recommendations to the administrative authority of the agency concerned and shall send copies of the findings and recommendations to the officer of employee or his representative. The administrative authority shall take the corrective action that the Commission recommends.
(G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member.
Subpart 9—Annual Report
either made available or published as provided by $ 1206.200(b) or if the member of the public has actual and timely notice of the terms thereof.
(c) Failure to make available an agency record required to be made available under this part could provide the jurisdictional basis for a suit against NASA under 5 U.S.C. 552(a)(4) (B) through (G), which provides as follows:
(B) On complaint, the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant. In such a case the court shall determine the matter de novo, and may examine the contents of such agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of this section, and the burden is on the agency to sustain its action.
(C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause shown.
(D) Except as to cases the court considers of greater importance, proceedings before the district court, as authorized by this subsection, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for hearing and trial or for argument at the earliest practicable date and expedited in every way.
(E) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this section in which the complainant has substantially prevailed.
(F) Whenever the court orders the production of any agency records improperly withheld from the complainant and assesses against the United States reasonable attorney fees and other litigation costs, and the court additionally issues a written finding that the circumstances surrounding the withholding raise questions whether agency personnel acted arbitrarily or capriciously with respect to the withholding, the Civil Service Commission shall promptly initiate a preceeding to determine whether disciplinary action is warranted against the officer or employee who was primarily responsible for the withholding. The Commission, after investigation and consideration of the evi.
$ 1206.900 Requirements for annual
report. On or before March 1 of each calendar year, NASA shall submit a report covering the preceding calendar year to the Speaker of the House of Representatives and President of the Senate for referral to the appropriate committees of the Congress. The report shall include the following information:
(a) The number of determinations made by NASA not to comply with requests for records made to the Agency under Subpart 6 of this part and the reasons for each such determination;
(b) The number of appeals made by persons under Subpart 6 of this part, the result of such appeals, and the reason for the action upon each appeal that results in a denial of information;
(c) The names and titles or positions of each person responsible for the denial of records requested under this part, and the number of instances of participation for each;
(d) The results of each proceeding conducted pursuant to 5 U.S.C. 552(a)(4) (B) through (G) (see $ 1206.800(c)), including a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken;
(e) A copy of the current version of this Part 1206 and any other rules or regulations made by NASA regarding 5 U.S.C. 552;
(f) A copy of the current fee schedule and the total amount of fees col
lected by NASA for making records Sec. available under this part; and
1207.702 Procedures for administrative dis(g) Such other information as indi ciplinary hearing. cates efforts by NASA to administer
1207.703 Appeal from initial decision. fully this part.
1207.704 Administrative sanctions.
Subpart H-Post-Employment Regulations
1207.801 Exemption for scientific and tech
nological communications. Subpart A-General Provisions
AUTHORITY: Ethics in Government Act of
1978, as amended by Pub. L. 96-19 and Pub. Sec.
L. 96-28; EO 11222; 18 U.S.C. 201-219; 5 1207.100 Scope of part.
CFR Parts 734, 735, 737, 738, and 755. 1207.101 Applicability. 1207.102 Definitions.
SOURCE: 52 FR 22755, June 16, 1987, unless 1207.103 General ethical standards of con- otherwise noted.
duct. 1207.104 Advisory service.
Subpart A-General Provisions Subpart B-Acceptance of Gifts
8 1207.100 Scope of part. 1207.200 Scope of subpart.
The provisions of this Part 1207 pre1207.201 Definition. 1207.202 Policy.
scribe regulations for the maintenance 1207.203 Gifts to superiors.
of the high ethical standards of con
duct required of NASA employees in Subpart C-Outside Employment and Other carrying out their duties and responsiActivity
bilities. 1207.300 Scope of subpart.
8 1207.101 Applicability. 1207.301 Policy. 1207.302 Guidelines and limitations.
The provisions of this part are appli1207.303 Distinction between official and cable to: nonofficial activities.
(a) All regular officers and employ. 1207.304 Compensation, honoraria, travel ees of NASA (referred to as "employ
expenses. 1207.305 Special conditions applicable to
ees”). writing and editing.
(b) All civilian and military person1207.306 Administrative approval.
nel of other Government agencies reg
ularly detailed to NASA (also referred Subpart D—Financial Interests and Investments to as “employees”); however, discipli
nary action may be effected against 1207.400 Scope of subpart.
such civilian or military personnel 1207.401 General. 1207.402 Statutory prohibitions against
only by the parent employing agency acts affecting a personal financial inter- or military service.
est. 1207.403 Waiver of statutory prohibition.
8 1207.102 Definitions. 1207.404 Executive personnel financial dis
(a) A Key Official is any officer or closure report. 1207.405 Confidential statements of em
employee who is in a position that reployment and financial interests.
quired the filing of a public financial
disclosure report in accordance with Subpart E—[Reserved)
Title II of the Ethics in Government
Act of 1978 (see $ 1207.404) or who is Subpart F-Standards of Conduct for Special in one of the following positions: asGovernment Employees (Reserved)
tronaut, astronaut candidate, procure
ment officer, or chief counsel. Subpart G-Administrative Enforcement Proce
(b) The Office of Government Ethics dures for Alleged Violations of 18 U.S.C.
is an office created within the Office 207
of Personnel Management by statute 1207.700 Scope of subpart.
(the Ethics in Government Act of 1207.701 Policy.
1978) and charged with the responsi
bility to oversee ethics matters in the (1) Using public office for private Executive Branch.
gain; (c) The term particular matter is not (ii) Giving preferential treatment to defined in the statutes, but is used in any organization or person; context as follows: ... any proceed. (iii) Impeding Government efficiening, application, request for a ruling cy or economy; or other determination, contract, (iv) Losing independence or imparclaim, controversy, charge, accusation, tiality of action; arrest or other particular matter. See 5
(v) Making a Government decision CFR 737.5 for examples.
outside official channels; or (d) The term personally and sub- (vi) Affecting adversely the confistantially is not defined in the stat
dence of the public in the integrity of utes, but examples of personal and the Government. substantial involvement include par (b) Use of government property. An ticipation through decision, approval,
employee will not directly or indirectly disapproval, recommendation, the ren
use or allow the use of Government dering of advice, investigation, or oth
property of any kind, including properwise ....
erty leased to the Government, for (e) The term official responsibility is
other than officially approved actividefined by statute to mean the direct
ties. An employee has an affirmative administrative or operating authority,
duty to protect and conserve Governwhether intermediate or final, and
ment property, including equipment, either exercisable alone or with others, supplies, and other property entrusted and either personally or through sub
or issued to the employee. ordinates, to approve, disapprove, or
(c) Indebtedness. The indebtedness otherwise direct Government action.
of NASA employees is considered to be
essentially a matter of their own con$ 1207.103 General ethical standards of
cern. Except as otherwise provided by conduct.
law, NASA will not be placed in the (a) Misuse of public position. (1) position of acting as a collection Each employee will refrain from any agency or of determining the validity use of official position which is moti or amount of contested debts. Nevervated by, or has the appearance of theless, NASA employees are expected being motivated by, the desire for pri to honor in a proper and timely vate gain for himself/herself or other
manner debts which are acknowledged persons.
by the employee to be valid or which (2) If an employee acquires informa have been reduced to final judgment tion in the course of performing Gov by a court, and to make or adhere to ernment duties that is not generally satisfactory arrangements for the setavailable to those outside the Govern- tlement of such debts. In accordance ment, the employee will not use this with Pub. L. 93-647 (42 U.S.C. 659), information to further a private inter NASA may become involved in the atest or for the special benefit of a busi- tachment of NASA employees' wages ness or other entity in which the em or salary for enforcement of child supployee has a financial or other inter port and alimony obligations. In acest. See $ 1207.402 for guidance on cordance with 5 U.S.C. 5514, NASA what constitutes a financial interest. may deduct indebtedness to the
(3) An employee will not use a Gov. United States from employees' pay. ernment position in any way to coerce, Employees are also expected to meet or give the appearance of coercing, an their responsibilities for payment of other person to provide any financial Federal, state, and local taxes. For the benefit to the employee or to other purpose of this paragraph, in a proper persons.
and timely manner means in a manner (4) An employee will avoid any which does not cause undue disruption action, whether or not specifically pro to NASA operations and which NASA hibited by law or regulation (including determines does not, under the cirthis regulation), which might result in cumstances, reflect adversely on or create the appearance of:
NASA as the employing agency.