the Commission, individual members of the State Committee to perform special projects involving research or study within the scope of the subject matter defined in § 703.3.

§ 703.7 Meetings.

(a) Meetings of the State Committee shall be called whenever it is deemed necessary or desirable by the chairman, or by a majority of the State Committee, or by the Commission, provided that the following conditions have been met:

(1) The Commission has given prior written approval of such meeting, and

(2) There is a quorum present. A quorum shall consist of one-half or more of the members of the State Committee, or five members, whichever is the lesser, except that with respect to open meetings provided for in paragraph (c) of this section, a quorum shall consist of three members.

(b) Summary minutes shall be prepared and made available as soon as practicable after each meeting for distribution to the members of the State Committee and to the Commission.

(c) In connection with its functions under the regulations in this part and subject to them, a State Committee may hold open meetings for the purpose of soliciting information and advice from local officials and other persons respecting subject matter within its jurisdiction, provided, however, that a State Committee shall not, in conjunction with its meetings, or otherwise, purport to conduct a formal hearing or adversary proceeding of any type, take oral testimony under oath, or issue subpenas.

(d) Pursuant to the authority of Executive Order 11007, dated February 26, 1962, section 6(f) thereof, the Chairman of the Commission has made the following determinations:

(1) That compliance with the requirements of section 6, subsections (a), (b), and (c), of the aforesaid Executive Order would interfere with the proper functioning of the State Advisory Committees of the Commission on Civil Rights, in that the assignment of a full-time salaried officer or employee of the Commission to each of the State Advisory Committee meetings would be impossible and impractical within the limitations of the staff and budget of the Commission, and

(2) That the Commission on Civil Rights has retained Consultants, on a

part-time basis, to assist the Commission staff in attendance at State Advisory Committee meetings to the end that the intent of the aforesaid Executive Order is complied with, and

(3) That adequate provisions have been otherwise made by the statement governing State Advisory Committees published herewith to insure that such committee operations are subject to Government control and in conformity with the proper purposes and functioning of the Commission, and

(4) That the nature of the function of the State Advisory Committees as set forth in the said statement governing the State Advisory Committees is such that the waiver of the aforesaid requirement specified in section 6, subsections (a), (b), and (c), of the said Executive Order are in the public interest; and

(5) That, therefore, the meeting of a State Advisory Committee shall not be subject to the requirements specified in section 6, subsections (a), (b), and (c), of the Executive Order 11007, dated February 26, 1962.

§ 703.8 Reimbursement of members.

(a) State Committee members may be reimbursed by the Commission by a per diem subsistence allowance and for travel expenses at rates not to exceed those prescribed by Congress for Government employees, for the following activities only:

(1) Attendance at meetings, as defined in § 703.7.

(2) Any activity specifically requested and authorized by the Commission to be reimbursed.

(b) Members will be reimbursed for the expense of travel by private automobile on a mileage basis only to the extent such expense is no more than that of suitable public transportation for the same trip, unless special circumstances justify the additional expense of travel by private automobile.

(c) From time to time, the Commission may give prior authorization for the reimbursement of the State Committee for secretarial help and expenses of duplication and the like, for projects specifically requested by the Commission.

(d) No appropriated funds shall be made available to the State Committee except for the reimbursements authorized in this section.

(a) Purpose and scope. This section contains the regulations of the U.S. Commission on Civil Rights implementing 5 U.S.C. 552. These regulations inform the public about where and how records and information may be obtained from the Commission. Officers and employees of the Commission shall make Commission records available under 5 U.S.C. 552 only as prescribed in this section. Nothing contained in this section, however, shall be construed to prohibit officers or employees of the Commission from routinely furnishing information or records which are customarily furnished in the regular performance of their duties.

(b) General policy. In order to foster the maximum participation of an informed public in the affairs of Government, the Commission will make the fullest possible disclosure of its identifiable records and information consistent with such considerations as those provided in the exemptions of 5 U.S.C. 552, which are set forth in paragraph (f) of this section.

(c) Material maintained on file pursuant to 5 U.S.C. 552(a) (2). Material maintained on file pursuant to 5 U.S.C. 552(a) (2) shall be available for inspection during regular business hours at the offices of the Commission at 801 19th Street NW., Washington, D.C. 20425. Copies of such material shall be available upon written request, specifying the material desired, addressed to Office of General Counsel, Commission on Civil Rights, 801 19th Street NW., Washington, D.C. 20425, and upon the prepayment of fees determined in accordance with paragraph (e) of this section.

(1) Current index. Included in the material available pursuant to 5 U.S.C. 552(a) (2) shall be an index of (i) all other material maintained on file pursuant to 5 U.S.C. 552(a) (2) and (ii) all material published by the Commission in the FEDERAL REGISTER and currently in effect.

(2) Deletion of identifying details. Wherever deletions from material maintained on file pursuant to 5 U.S.C. 552 (a) (2) are required in order to prevent a clearly unwarranted invasion of privacy, justification for the deletions shall be placed as a preamble to documents from which such deletions are made.

(d) Material available upon request pursuant to 5 U.S.C. 552(a) (3) —(1) Request procedure. (i) Requests for records available pursuant to 5 U.S.C. 552 (a) (3) shall be addressed in writing to Office of General Counsel, U.S. Commission on Civil Rights, 801 19th Street NW., Washington, D.C. 20425, and shall, (a) contain a sufficiently specific description of the record requested with respect to names, dates and subject matter to permit it to be identified and located; (b) state whether copies are requested; (c) state when and where the records are requested to be examined or copies of records to be delivered.

(ii) Response to requests shall be made promptly by the General Counsel and shall, (a) describe the nature and extent of the material, if any, available pursuant to the request; (b) state the estimated cost, determined in accordance with paragraph (e) of this section, and any prepayment requirements, of making the records or copies available; (c) state the time and place, determined in accordance with the terms of the request and with subparagraph (2) of this paragraph, at which records of copies will be made available; (d) if no records are available pursuant to the request, fully state the reasons therefor.

(2) Time and place of access to material. Records or copies requested shall be made available at the offices of the Commission at 801 19th Street NW., Washington, D.C. 20425, during regular business hours.

(e) Fees. The fee for making documents or copies available pursuant to 5 U.S.C. 552(a)(2) or 552(a)(3) shall include: (1) the cost of reproduction of documents, normally 10 cents per page; (2) the cost of postage; and (3) the cost of document searches (normally $5.32 per hour of Commission staff time de

voted to the document search). There will be a charge of $1 each for certification of true copies. No more than 10 copies of any document will be furnished. If the estimated fees in respect of any request total $1 or more, they shall be prepaid. Payment shall be made in cash, or by U.S. money order, or by certified bank checks payable to the Treasurer of the United States. Postage stamps will not be accepted.

(f) Exemptions (5 U.S.C. 552(b)) — (1) General. 5 U.S.C. 552 authorizes exemption from disclosure of records and information concerning matters that

are:

(i) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(ii) Related solely to the internal personnel rules and practices of an agency; (iii) Specifically exempted from disclosure by statute;

(iv) Trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(v) Interagency or intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(vi) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(vii) Investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency;

(viii) Contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; and

(ix) Geological and geophysical information and data, including maps, concerning wells.

(2) Confidential communications (5 U.S.C. 552(b) (4)). Among the documents exempt from disclosure pursuant to 5 U.S.C. 552 shall be documents which disclose the fact or the substance of a communication made to the Commission in confidence. A communication shall be deemed to have been made to the Commission in confidence if (i) the communicant states that it is made in confidence, or (ii) the substance or circumstances of the communication makes it reasonable to conclude that the communicant would not wish the fact or the substance of the communication dis

closed to the public. As a general rule, it shall be deemed reasonable to conclude that a communicant would not wish disclosed to the public a communication alleging, or supporting an allegation of, the commission of wrongs by certain persons or entities.

(3) Investigation files (5 U.S.C. 552 (b) (7)). Among the documents exempt from disclosure pursuant to 5 U.S.C. 552 shall be investigation files or similar documents reflecting investigations which either (i) are conducted for the purpose of determining whether a violation or violations of legal right has taken place, or (ii) have disclosed that a violation or violations of legal right has taken place, except to the extent such files or similar documents are available by law to a party other than an agency.

(g) Administrative appeal from denial of requests. If a request conforming with the requirements of paragraph (d) (1) of this section is denied by the General Counsel, the denial is subject to review by the Staff Director of the Commission provided such review is requested by the person submitting a request for information in accordance with this paragraph (g) within 30 days after the date of the General Counsel's decision. The filing of a request for review may be accomplished by mailing to the Staff Director, U.S. Commission on Civil Rights, 801 19th Street NW., Washington, D.C. 20425, by certified mail, a copy of the initiating request for a record, a copy of the written denial issued under this paragraph, and a statement of the circumstances, reasons or arguments advanced for insistence upon disclosure of the originally requested record. Review will be made by the Staff Director on the basis of the written record described above. The decision after review will be in writing, will be promptly communicated to the person requesting review, and will constitute the final action of the Commission subject to judicial review as provided in 5 U.S.C. 552(a) (3).

(h) Effective date. The regulations of this § 704.1 are effective July 4, 1967. [32 F.R. 9684, July 4, 1967; 32 F.R. 11085, July 29, 1967] § 704.2

Complaints.

Any person may bring to the attention of the Commission a grievance which he believes falls within the jurisdiction of the Commission, as set forth in section 104 of the Act. This shall be done by submitting a complaint in writing to Office

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 communications.

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.

§ 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 purpose 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

-(

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.

PART 705-EMPLOYEE RESPONSIBILITIES 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 employment and financial interests. 705.735-5 Disciplinary and other remedial action.

705.735-6 705.735-7

Gifts, entertainment, and favors. Outside employment and other activity. 705.735-8 Miscellaneous statutory provisions.

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 re

quired to submit statements of employment and financial interests:

(1) The Staff Director.

(2) The Deputy Staff Director.
(3) The Division Heads.

(4) The Executive Officer of the Commission.

(5) Special Assistants to the Staff Director.

(b) A statement of employment and financial interests is not required under this part from Members of the Commission. Members of the Commission are subject to 3 CFR 100.735.31 and are required to file a statement only if requested to do so by the Counsel to the President.

(c) Notwithstanding the filing of the annual supplementary statement required by 5 CFR 735.406, each employee shall at all times avoid acquiring a financial interest that could result, or taking an action that would result, in a violation of the conflict-of-interest provisions of section 208 of Title 18, United States Code or the regulations in this part or adopted under § 705.735-1.

§ 705.735-3 Employee's complaint on filing requirement.

Any employee who thinks that his position has been improperly included under these regulations as one requiring the submission of a statement of employment and financial interest shall have the opportunity for review of his complaint through the Commission's grievance procedure.

§ 705.735-4 Review of statements of employment and financial interests. Each statement of employment and financial interests submitted under this part shall be submitted to and reviewed by the General Counsel, except that the statement of the General Counsel shall be submitted to and reviewed by the Staff Director. When a review indicates a conflict between the interests of an employee or special Government employee of the Commission and the performance of his services for the Government, the reviewing official shall have the indicated conflict brought to the attention of the employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict. If, in the case of a state

ment (other than a statement of the Staff Director) reviewed by the General Counsel, the indicated conflict cannot be resolved, the General Counsel shall forward a written report on the indicated conflict to the Staff Director through the Counselor for the Commission designated under 5 CFR 735.105(a). Should a conflict be indicated in a statement of the Staff Director or the General Counsel, and the conflict cannot be resolved, the reviewing official shall forward a written report on the indicated conflict to the Chairman of the Commission. § 705.735-5 Disciplinary and other remedial action.

An employee or special Government employee of the Commission who violates any of the regulations in this part or adopted under § 705.735-1 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 705.735-6

favors.

Gifts, entertainment, and

The Commission authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1)-(4). § 705.735-7

Outside employment and other activity.

An employee of the Commission may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilties of his Government employment. An employee who wishes to engage in outside employment shall first obtain the approval, in writing, of the Staff Director or his designee. § 705.735-8 Miscellaneous statutory pro

visions.

All employees and special Government employees of the Commission are subject to the prohibition on disclosure of evidence taken in executive session con