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(c) All special Government employees shall submit a statement of employment and financial interest on the standard form provided by the Personnel Division for that purpose. Special Government employees shall report all employment other than with ACTION and all financial interests which relate either directly or indirectly to their duties and responsibilities. Each special Government employee shall keep his statement current throughout his employment by the submission of supplementary statements as necessary.

(d) The information required of regular employees may be submitted on standard forms which are available from the Personnel Division. Detailed instructions are set forth on the back of the forms. These forms should be submitted directly to the General Counsel or Deputy General Counsel. These officials shall maintain the statements in the strictest confidence and shall not allow access to, or allow information to be disclosed from a statement, except to carry out the purposes of this part.

(e) The interest of a spouse, minor child, or other member of a regular or special employee's immediate household is considered to be an interest of that employee. For the purpose of this section, "member of an employee's immediate household" means those blood relations who are residents of the employee's household.

(f) If any information required to be included on a statement of employment and financial interest or supplementary

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statement, including holdings placed in trust, is not known to an employee or special employee but is known to another person, he is required to request that other person to submit information on his behalf.

(g) Regular or special employees are not required to submit in a statement of employment and financial interests or supplementary statements any information about their connection with or interest in a professional society or a charitable, religious, social, fraternal, recreational, public service, civic, or political organization not conducted as a business enterprise. For this purpose, educational and other institutions doing research and development or related work involving grants of money from or contracts with the Government are considered business enterprises and are required to be included in a regular or special employee's statement of employment and financial interests.

(h) The statements of employment and financial interests and supplementary statements required are in addition to. and not in substitution for or in derogation of, any similar requirement imposed by law, order, or regulation. The submission of a statement or supplementary statement by an employee does not permit him or any other person to participate in a matter in which his or other persons' participation is prohibited by law, order, or regulations.

(i) If a statement submitted under this part or information from other sources indicates a conflict or the appearance of a conflict between the interests of a regular or special Government employee and the performance of his services for the Government and if the conflict cannot be resolved at a lower level in the agency, the information on the conflict or apparent conflict will be reported to the Director through the General Counsel. The employee or special Government employee concerned will be provided an opportunity to explain the situation.

(j) When after consideration of the explanation of the employee or special Government employee furnished under paragraph (i) of this section, the Director decides that remedial action is required, he must take immediate action to end a real or apparent conflict of interest, or take preventive action to forestall a potential conflict. Such action may include, but is not limited to,

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§ 1202.1

Introduction.

The following guidance is provided for members of the public desiring a classification review of a document of ACTION pursuant to sections 5(c) and 5(f) of Executive Order 11652 and section III.B. of the National Security Council Directive covering the Classification, Downgrading, Declassification and Safeguarding of National Security Information.

§ 1202.2 Request for classification review of documents.

(a) Any person desiring a classification review of an ACTION document containing information classified as National Security information by reason of Executive Order 11652 (or any predecessor Executive order) and which is more than 10 years old, should address such request to the General Counsel, ACTION, Washington, D.C. 20525.

(b) Requests need not be made on any special form but shall, as specified in Executive Order 11652, describe the document with sufficient particularity to enable ACTION personnel to identify and obtain the document from ACTION records without expending more than a reasonable amount of effort.

(c) Charges for locating and reproducing copies of records will be made when deemed applicable in accordance with title 5 of the Independent Offices Appropriations Act, 1952 (65 Stat. 290; 31 U.S.C. 483a).

§ 1202.3 Action on requests for classification review.

(a) The General Counsel shall assign each request to the ACTION Classification Review Committee which will consist of the Associate Director of International Operations, the Director of Public Affairs, and the General Counsel and will be chaired by the Associate Director of International Operations.

(b) Every effort will be made to complete action on each request within 30 days of receipt of the request. If action cannot be completed within 30 days, the requester will be so advised by the General Counsel along with reasons for the need for additional time. If the requester does not receive a decision on his request within 60 days from the date of receipt of his request by ACTION, or from the date of the most recent receipt of his response to an ACTION request for more particulars, he may appeal to the Interagency Classification Review Committee as provided in paragraph (c) of this section.

(c) In the event the ACTION Classification Review Committee determines that requested information must remain classified by reason of the provisions of Executive Order 11652, the requester shall be given prompt notification of that decision and whenever possible shall be provided with a brief statement as to why the information or material cannot be declassified. He shall also be advised that if he desires he may appeal that determination to the Interagency Classification Review Committee established under section 7A of Executive Order 11652. Such appeals should be in writing and addressed to the Interagency Classification Review Committee, Executive Office Building, Washington, D.C. 20500.

(d) For purposes of administrative determinations under this section, the burden of proof is on ACTION to show that continued classification is required under the terms of Executive Order 11652.

CHAPTER XIII-OFFICE OF CHILD DEVELOPMENT, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Part

1301 Fee schedule for Head Start Program.

§ 1301.1

PART 1301-FEE SCHEDULE FOR HEAD START PROGRAM

Fees to be charged nonpoor families.

The fees which shall be charged nonpoor families whose children enroll in Head Start programs after April 1, 1973, are set forth in the Monthly Fee Schedule in this section. Nonpoor families are those whose incomes exceed $4,320 as adjusted for families with more than two children. No charges shall be imposed where the family income is equal to or less than $4,320, as adjusted, except to the extent that payment will be made by a third party.

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X-Statutory maximum allowable fee charge is marginal. No fee will be assessed.

NOTE.-To allow for higher costs of living in Alaska and Hawaii, multiply family income by 0.8 and 0.87, respectively, and correlate the lowered income figure with the fee. This variation complies with the statutory language mandating that the fee schedule must be based upon the ability of the family to pay. A family with 2 or more children enrolled shall pay one full fee for the first 2 children, and 25 percent of that full fee for each additional child. The above fee schedule applies to both farm and nonfarm families. A family whose ability to pay has been impaired because of unusual medical and dental expenses or unusual casualty or theft loss (es) shall be eligible for a reduction on fee charge if the amount of unusual expenses exceeds 10 percent of the annual gross family income.

(Sec. 8, 86 Stat. 690 (42 U.S.C. 2809 (a)(1)); sec. 602(n), 78 Stat. 530 (42 U.S.C. 2942(n)); Delegation of Authorities to Secretary of Health, Education, and Welfare, 34 FR 11398) [38 FR 9434, Apr. 16, 1973]

CHAPTER XIV [Reserved]

135.00

103.00

71.00

51.00

31.00

119.00

87.00

61.00

41.00

135.00

103.00

71.00

51.00

119.00

87.00

61.00

135.00

103.00

71.00

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CHAPTER XV-FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION, DEPARTMENT OF HEALTH, EDUCATION AND WELFARE

Part

1501 Support for improvement of postsecondary education.

PART 1501-SUPPORT FOR IMPROVE-
MENT OF POSTSECONDARY EDUCATION

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The purpose of the regulations in this part is to implement the provisions of section 404 of the General Education Provisions Act, as amended, which provides for grants to, and contracts with, institutions of postsecondary education and other public and private educational institutions and agencies to improve postsecondary educational opportunities. The program is administered by the Fund for the Improvement of Postsecondary Education, a unit within the Office of the Assistant Secretary for Education of the Department of Health, Education, and Welfare, with the advice of a Board of Advisors.

(20 U.S.C. 1221d)

§ 1501.2 Applicability of civil rights provisions.

(a) Federal financial assistance under this part is subject to the regulations in part 80 of this title, issued by the Secretary of Health, Education, and Welfare and approved by the President, to effectuate the provisions of title VI of the Civil Rights Act of 1964 (Public Law 88-352).

(42 U.S.C. 2000d)

(b) Federal financial assistance under this part is also subject to the provisions of title IX of the Education Amendments of 1972 (prohibition of sex discrimination), and any regulations issued thereunder.

(20 U.S.C. 1681-86; Public Law 92-318, section 906)

§ 1501.3

Definitions.

As used in this part

"Fiscal year" means a period beginning on July 1 and ending on the follow, ing June 30. (A fiscal year is designated in accordance with the calendar year in which the ending date of the fiscal year occurs.)

"Fund" means the Fund for the Improvement of Postsecondary Education, the unit within the Office of the Assistant Secretary for Education of the Department of Health, Education, and Welfare which administers the program covered by this part.

"Institution of postsecondary education" means an educational institution which admits as regular students only persons who have completed or left elementary or secondary school.

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