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PART 704— INFORMATION DISCLO- (1) Current index. Included in the SURE AND COMMUNICATIONS

material available pursuant to 5 U.S.C.

552(a) (2) shall be an index of (i) all Sec.

other inaterial maintained on file pur704.1 Material available pursuant to 5

suant to 5 U.S.C. 552(a) (2) and (ii) all U.S.C. 552. 704.2 Complaints.

material published by the Commission in 704.3 Other requests and communications.

the FEDERAL REGISTER and currently in 704.4 Restrictions on disclosure of infor- effect. mation,

(2) Deletion of identifying details. AUTHORITY: The provisions of this part

Wherever deletions from material main704 issued under sections 101-106, 71 Stat.

tained on file pursuant to 5 U.S.C. 552 634-636, as amended; 42 U.S.C. 1975–1975(e); (a) (2) are required in order to prevent section 1, 81 Stat. 54–55; 7 U.S.C. 2243.

a clearly unwarranted invasion of priSOURCE: The provisions of this Part 704

vacy, justification for the deletions shall appear at 32 F.R. 9684, July 4, 1967, unless

be placed as a preamble to documents otherwise noted.

from which such deletions are made.

(d) Material available upon request § 704.1 Material available pursuant to

pursuant to 5 U.S.C. 552(a) (3)-(1) Re5 U.S.C. 552.

quest procedure. (i) Requests for rec(a) Purpose and scope. This section ords available pursuant to 5 U.S.C. 552 contains the regulations of the U.S. (a) (3) shall be addressed in writing to Commission on Civil Rights imple- Office of General Counsel, U.S. Commismenting 5 U.S.C. 552. These regulations sion on Civil Rights, 801 19th Street NW., inform the public about where and how Washington, D.C. 20425, and shall, (a) records and information may be ob- contain a sufficiently specific description tained from the Commission. Officers and of the record requested with respect to employees of the Commission shall make names, dates and subject matter to perCommission records available under 5 mit it to be identified and located; (b) U.S.C. 552 only as prescribed in this

state whether copies are requested; (c) section. Nothing contained in this sec

state when and where the records are retion, however, shall be construed to pro

quested to be examined or copies of rechibit officers employees of the ords to be delivered. Commission from routinely furnishing (ii) Response to requests shall be information or records which are cus- made promptly by the General Counsel tomarily furnished in the regular and shall, (a) describe the nature and performance of their duties.

extent of the material, if any, available (b) General policy. In order to foster pursuant to the request; (b) state the the maximum participation of an in- estimated cost, determined in accordance formed public in the affairs of Govern- with paragraph (e) of this section, and ment, the Commission will make the any prepayment requirements, of makfullest possible disclosure of its identifi- ing the records or copies available; (c) able records and information consistent state the time and place, determined in with such considerations as those pro

accordance with the terms of the revided in the exemptions of 5 U.S.C. 552, quest and with subparagraph (2) of this which are set forth in paragraph (f) paragraph, at which records of copies of this section.

will be made available; (d) if no records (c) Material maintained on file pur

are available pursuant to the request, suant to 5 U.S.C. 552(a) (2). Material fully state the reasons therefor. maintained on file pursuant to 5 U.S.C.

(2) Time and place of access to mate552(a) (2) shall be available for inspec

rial. Records or copies requested shall be

made available at the offices of the Comtion during regular business hours at the offices of the Commission at 801 19th

mission at 801 19th Street NW., Wash

ington, D.C. 20425, during regular busiStreet NW., Washington, D.C. 20425.

ness hours. Copies of such material shall be available

(e) Fees. The fee for making docuupon written request, specifying the

ments or copies available pursuant to 5 material desired, addressed to Office of U.S.C. 552(a) (2) or 552(a) (3) shall inGeneral Counsel, Commission on Civil clude: (1) the cost of reproduction of Rights, 801 19th Street NW., Washing- documents, normally 10 cents per page; ton, D.C. 20425, and upon the prepay- (2) the cost of postage; and (3) the cost ment of fees determined in accordance of document searches (normally $5.32 with paragraph (e) of this section. per hour of Commission staff time de

voted to the document search). There closed to the public. As a general rule, will be a charge of $1 each for certifica- it shall be deemed reasonable to contion of true copies. No more than 10 clude that a communicant would not copies of any document will be furnished. wish disclosed to the public a communiIf the estimated fees in respect of any re- cation alleging, or supporting an allegaquest total $1 or more, they shall be pre- tion of, the commission of wrongs by paid. Payment shall be made in cash, or certain persons or entities. by U.S. money order, or by certified (3) Investigation files (5 U.S.C. 552 bank checks payable to the Treasurer of (6) (7)). Among the documents exempt the United States. Postage stamps will from disclosure pursuant to 5 U.S.C. 552 not be accepted.

shall be investigation files or similar (f) Exemptions (5 U.S.C. 552(b))- documents reflecting investigations (1) General. 5 U.S.C. 552 authorizes ex- which either (i) are conducted for the emption from disclosure of records and

purpose of determining whether a violainformation concerning matters that tion or violations of legal right has taken are:

place, or (ii) have disclosed that a viola(i) Specifically required by Executive tion or violations of legal right has taken order to be kept secret in the interest of place, except to the extent such files or the national defense or foreign policy; similar documents are available by law

(ii) Related solely to the internal per- to a party other than an agency. sonnel rules and practices of an agency; (g) Administrative appeal from denial

(iii) Specifically exempted from dis- of requests. If a request conforming with closure by statute;

the requirements of paragraph (d) (1) (iv) Trade secrets and commercial or

of this section is denied by the General financial information obtained from a

Counsel, the denial is subject to review person and privileged or confidential;

by the Staff Director of the Commission (v) Interagency or intraagency mem

provided such review is requested by the orandums or letters which would not be

person submitting a request for inforavailable by law to a party other than an mation in accordance with this paraagency in litigation with the agency;

graph (g) within 30 days after the date (vi) Personnel and medical files and

of the General Counsel's decision. The filsimilar files the disclosure of which would ing of a request for review may be acconstitute a clearly unwarranted in

complished by mailing to the Staff Direcvasion of personal privacy;

tor, U.S. Commission on Civil Rights, (vii) Investigatory files compiled for

801 19th Street NW., Washington, D.C. law enforcement purposes except to the 20425, by certified mail, a copy of the extent available by law to a party other initiating request for a record, a copy of than an agency;

the written denial issued under this (viii) Contained in or related to ex

paragraph, and a statement of the ciramination, operating, or condition re

cumstances, reasons or arguments adports prepared by, on behalf of, or for the

vanced for insistence upon disclosure of use of an agency responsible for the regu

the originally requested record. Review lation or supervision of financial insti- will be made by the Staff Director on the tutions; and

basis of the written record described (ix) Geological and geophysical in- above. The decision after review will be in formation and data, including maps, con- writing, will be promptly communicated cerning wells.

to the person requesting review, and will (2) Confidential communications (5 constitute the final action of the ComU.S.C. 552(b) (4)). Among the documents mission subject to judicial review as proexempt from disclosure pursuant to 5 vided in 5 U.S.C. 552(a) (3). U.S.C. 552 shall be documents which dis- (h) Effective date. The regulations of close the fact or the substance of a com- this $ 704.1 are effective July 4, 1967. munication made to the Commission in

132 F.R. 9684, July 4, 1967; 32 F.R. 11085, confidence. A communication shall be July 29, 1967) deemed to have been made to the Commission in confidence if (i) the com

8 704.2 Complaints. municant states that it is made in con. Any person may bring to the attention fidence, or (ii) the substance or circum- of the Commission a grievance which he stances of the communication makes it believes falls within the jurisdiction of reasonable to conclude that the com- the Commission, as set forth in section municant would not wish the fact or the 104 of the Act. This shall be done by subsubstance of the communication dis- mitting a complaint in writing to Office

information or the production of such documents shall appear in response to such subpena, order, or other demand and, unless otherwise directed by the Commission, shall respectfully decline to disclose the information or produce the documents called for, basing his refusal upon this section. Any such person who is served with such a subpena, order, or other demand shall promptly advise the Commission of the service of such subpena, order, or other demand, the nature of the information or documents sought, and any circumstances which may bear upon the desirability of making available such information or documents.

of General Counsel, U.S. Commission on Civil Rights, 801 19th Street NW., Washington, D.C. 20425. Allegations falling under section 104(a) (1) and (5) of the Act (discrimination or fraud in voting) must be under oath or affirmation. All complaints should set forth the pertinent facts upon which the complaint is based, including but not limited to specification of (a) names and titles of officials or other persons involved in acts forming the basis for the complaint; (b) accurate designations of place locations involved; (c) dates of events described in complaint. $ 704.3 Other requests and communica.

tions. Requests for information and for Commission literature should be directed to Information Office, U.S. Commission on Civil Rights, 801 19th Street NW., Washington, D.C. 20425. Communications with respect to Commission proceedings should be made pursuant to $ 702.17 of this chapter. All other communications with the Commission should be directed to Staff Director, United States Commission on Civil Rights, 801 19th Street NW., Washington, D.C. 20425. 8 704.4 Restrictions on disclosure of in

formation. (a) By the provisions of section 102(g) of the Act, no evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission, and any person who releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000 or imprisoned for not more than 1 year.

(b) Unless a matter of public record, all information or documents obtained or prepared by any Member, officer, or employee of the Commission, including members of State Advisory Committees, in the course of his official duties, or by virtue of his official status, shall not be disclosed or used by such person for any purposé except in the performance of his official duties.

(c) Any Member, officer, or employee of the Commission including members of State Advisory Committees, who is served with a subpena, order, or other demand requiring the disclosure of such

PART 705-EMPLOYEE RESPONSI

BILITIES AND CONDUCT Sec. 705.735–1 Adoption of regulations. 705.735-2 Statements of employment and

financial interests. 705.735–3 Employee's complaint on filing

requirement. 705.735-4 Review of statements of employ

ment and financial interests. 705.735–5 Disciplinary and other remedial

action. 705.735–6 Gifts, entertainment, and favors. 705.735–7 Outside employment and other

activity. 705.735–8 Miscellaneous statutory provi

sions. 705.735-9 Specific provisions of Commission

regulations governing special

Government employees. AUTHORITY: The provisions of this part 705 issued under E.O. 11222, 30 F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.101 et seq.

SOURCE: The provisions of this part 705 appear at 32 F.R. 14589, Oct. 20, 1967, unless otherwise noted. § 705.735–1 Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the U.S. Commission on Civil Rights (referred to hereinafter as the Commission) hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: $$ 735.101-735.102, 735.201a, 735.202 (a), (d), (e), (f)-735.210, 735.302, 735,303(a), 735.304, 735.305(a), 735.404-735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.. $ 705.735-2 Statements of employment

and financial interests. (a) Employees of the Commission in the following named positions are rei.

11h17

1

quired to submit statements of employ- ment (other than a statement of the ment and financial interests:

Staff Director) reviewed by the General (1) The Staff Director.

Counsel, the indicated conflict cannot be (2) The Deputy Staff Director.

resolved, the General Counsel shall for(3) The Division Heads.

ward a written report on the indicated (4) The Executive Officer of the Com- conflict to the Staff Director through the mission.

Counselor for the Commission desig(5) Special Assistants to the Staff Di- nated under 5 CFR 735.105(a). Should a rector.

conflict be indicated in a statement of (b) A statement of employment and the Staff Director or the General Counfinancial interests is not required under sel, and the conflict cannot be resolved, this part from Members of the Commis- the reviewing official shall forward a sion. Members of the Commission are written report on the indicated conflict subject to 3 CFR 100.735.31 and are re- to the Chairman of the Commission. quired to file a statement only if re

$ 705.735–5 Disciplinary and other requested to do so by the Counsel to the

medial action. President. (c) Notwithstanding the filing of the

An employee or special Government annual supplementary statement re- employee of the Commission who vioquired by 5 CFR 735.406, each employee lates any of the regulations in this part shall at all times avoid acquiring a finan- or adopted under $ 705.735–1 may be discial interest that could result, or taking ciplined. The disciplinary action may be an action that would result, in a viola- in addition to any penalty prescribed by tion of the conflict-of-interest provisions law for the violation. In addition to or of section 208 of Title 18, United States

in lieu of disciplinary action, remedial Code or the regulations in this part or action to end conflicts or appearance of adopted under $ 705.735–1.

conflicts of interest may include but is 8 705.735–3 Employee's complaint on not limited to: filing requirement.

(a) Changes in assigned duties; Any employee who thinks that his po- (b) Divestment by the employee or sition has been improperly included un

special Government employee of his conder these regulations as one requiring

flicting interest; or the submission of a statement of em- (c) Disqualification for a particular ployment and financial interest shall assignment. have the opportunity for review of his

$ 705.735–6 Gifts, entertainment, and complaint through the Commission's favors. grievance procedure.

The Commission authorizes the excep$ 705.735-4 Review of statements of tions to 5 CFR 735.202(a) set forth in

employment and financial interests. 5 CFR 735.202(b) (1)-(4). Each statement of employment and 8 705.735–7 Outside employment and financial interests submitted under this other activity. part shall be submitted to and reviewed

An employee of the Commission may by the General Counsel, except that the

engage in outside employment or other statement of the General Counsel shall

outside activity not incompatible with be submitted to and reviewed by the

the full and proper discharge of the Staff Director. When a review indicates

duties and responsibilties of his Governa conflict between the interests of an

ment employment. An employee who employee or special Government em

wishes to engage in outside employment ployee of the Commission and the per

shall first obtain the approval, in writing, formance of his services for the Govern

of the Staff Director or his designee. ment, the reviewing official shall have the indicated conflict brought to the $ 705.735–8 Miscellaneous statutory proattention of the employee, grant the em

visions. ployee or special Government employee All employees and special Government an opportunity to explain the indicated employees of the Commission are subject conflict, and attempt to resolve the indi- to the prohibition on disclosure of evicated conflict. If, in the case of a state- dence taken in executive session con

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86-096-68-40

tained in section 102(g) of the Civil Rights Act of 1957, 71 Stat. 634, as amended by the Civil Rights Act of 1964, 78 Stat. 241; 42 U.S.C. 1975a(g). § 705.735–9 Specific provisions of Com.

mission regulations governing special

Government employees. (a) Special Government employees of the Commission shall adhere to the standards of conduct applicable to employees as set forth in this part and

adopted under $ 705.735–1, except 5 CFR 735.203(b).

(b) Special Government employees of the Commission may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305(b), the Commission authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by $ 705.735-6.

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