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A grant may be terminated in whole or in part at any time at the discretion of the Secretary. Noncancellable obligations properly incurred prior to the receipt of the notice of termination will be honored. The grantee shall be promptly notified of such termination in writing and given the reasons therefor. § 905.9 Reports.

The grantee shall make such reports to the Secretary in such form and containing such information as may reasonably be necessary to enable him to perform his functions under this part and shall keep such records and afford such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.

§ 905.10 Project expenditures.

Grants under this part will be available for the following types of expenditures for approved projects:

(a) Salaries, stipends, cost of travel and related expenses of project personnel;

(b) Necessary supplies, equipment, and related expenses;

(c) Costs of administration and other indirect costs of the project, subject to such limitations as are set forth in the Bureau of the Budget Circular A-21, and as the Secretary may establish; and

(d) Such other items as are included in the approved application.

Expenditures shall be in connection with the conduct of the project as approved. § 905.11 Interest; other income.

(a) Pursuant to section 203 of the Intergovernmental Cooperation Act of 1963 (Public Law 90-577), a State, as defined in section 102 of that Act, will not be held accountable for interest earned on grant funds, pending their disbursement for program purposes. A State, as defined in the Intergovernmental Cooperation Act, section 102, means any one of the several States, the District of Columbia, Puerto Rico, any territory or possession of the United States, or any agency or instrumentality of a State, but does not include the governments of the political subdivisions of the State. All other grantees must return to the Social and Rehabilitation Service all interest earned on grant funds.

(b) All grantees must return to the Social and Rehabilitation Service a part

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All fiscal transactions by a grantee relating to grants under this part are subject to audit by the Department to determine whether expenditures have been made in accordance with the Act and this part.

[34 F.R. 1326, Jan. 28, 1969]

§ 905.13 Publications, copyrights, inventions and training materials.

(a) Publications. Grantees under this part may publish results of any projects without prior review by the Administration on Aging, provided that such publications carry a footnote acknowledging assistance received under the Act, and that claimed findings and conclusions do not necessarily reflect the views of the Administration on Aging, and provided that copies of the publication are furnished to the Administration on Aging.

(b) Copyrights. Where the grantsupported activity results in a book or other copyrightable material, the author is free to copyright, but the Administration on Aging reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, translate, or otherwise use, and to authorize others to use, all copyrightable or copyrighted material resulting from the grant-supported activity.

(c) Training materials. All educational materials developed in connection with training projects under Title V of the Act shall be available to the Secretary.

(d) Inventions. Any invention arising out of the grant-supported activity shall be promptly and fully reported to the Administration on Aging. Ownership and the manner of disposition shall be determined by the Secretary in accordance with Department patent regulations and policy.

CONTRACTS

§ 905.14 Contracts.

(a) Eligibility. The Secretary is authorized to make contracts to carry out the purposes of this part with any public or private nonprofit agency, organization or institution (except Federal agencies and institutions), after consulting with the designated State agency.

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906.2

cans.

Technical advisory committees. 906.3 Per diem payments.

AUTHORITY: The provisions of this Part 906 issued under secs. 101-603, 79 Stat. 218-226; 42 U.S.C. secs. 3001-3053.

§ 906.1 Advisory Committee on Older Americans.

(a) Appointment and composition. The Advisory Committee on Older Americans shall consist of the Commissioner, who shall be Chairman, and 15 persons not otherwise regular full-time employees of the United States, appointed by the Secretary without regard to the civil service laws. Members shall be selected from among persons who are experienced in or have demonstrated particular interest in special problems of aging.

(b) Term of office. Each member of the Advisory Committee shall hold office for a term of 3 years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the re

mainder of such term, and (2) the terms of office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, five at the end of the first year, five at the end of the second year, and five at the end of the third year after the date of appointment.

(c) Duties. The Advisory Committee on Older Americans will advise the Secretary on matters bearing on his responsibilities under the Act and related activities of his Department.

[30 F.R. 13262, Oct. 19, 1965, as amended at 34 F.R. 1326, Jan. 28, 1969]

§ 906.2 Technical advisory committees.

The Secretary is authorized to appoint, without regard to the civil service laws, such technical advisory committees as he deems appropriate for advising him in carrying out his functions under this Act.

[30 F.R. 13262, Oct. 19, 1965] § 906.3

Per diem payments.

Members of the Advisory Committee on Older Americans, or of any technical advisory committee appointed under § 906.2 who are not regular full-time employees of the United States, shall, while attending meetings or conferences of such committee or otherwise engaged on business of such committee, be entitled to receive compensation at a rate fixed by the Secretary but not exceeding $100 per diem, including travel time, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code for persons in the Government service employed intermittently. [34 F.R. 1326, Jan. 28, 1969]

CHAPTER X-OFFICE OF ECONOMIC OPPORTUNITY

Part

1005 Inspection and copying of records; rules for compliance with Public Information Act.

1009 Suspension and termination of assistance.

1010 Nondiscrimination in Federally-assisted programs of the Office of Economic Opportunity effectuation of Title VI of the Civil Rights Act of 1964.

1012 General administration and management committees.

1013 General administration and management laws and legal matters.
1015 Standards of conduct for employees.

1060 General characteristics of Community Action Programs.
1061 Character and scope of specific community action programs.
1068 Community Action Program Grantee Financial Management.
1069 Community Action Program Grantee Personnel Management.
1070 Community Action Program Grantee Operations.
1078 Community action program policy and evaluation.

PART 1005-INSPECTION AND COPY-
ING OF RECORDS; RULES FOR
COMPLIANCE WITH PUBLIC IN-
FORMATION ACT

Sec.

1005.1 Purpose.

1005.2

1005.3

1005.4

1005.6

1005.7

1005.8

1005.9

Definitions.

Central records room.

Regional rooms and facilities.
Use of records rooms.

Identification of records by persons
requesting them.

Securing copies of records by mail.
Statutory exemptions.

1005.12 Records of other agencies.
1005.13 Fees.

1005.15 Officials authorized to grant or deny
requests for records or copies of
records.

1005.16 Form and records of denial.
1005.17 Administrative review of denials.
AUTHORITY: The provisions of this Part
1005 issued under 5 U.S.C. 2243.

SOURCE: The provisions of this Part 1005 appear at 32 F.R. 9685, July 4, 1967, unless otherwise noted.

36-099-70- 55

§ 1005.1

Purpose.

The purpose of this part is to prescribe rules for the inspection and copying of opinions, policy statements, staff manuals, instructions and other records of the Office of Economic Opportunity pursuant to 5 U.S.C. 552(a) (2) and (3). § 1005.2 Definitions.

As used in this part,

(a) "Office" means the Office of Economic Opportunity;

(b) "Records" includes books, papers, maps, photographs, or other documentary materials, regardless of physical form, made or received by the Office in connection with the transaction of public business and preserved as evidence of governmental organizations, functions, policies, decisions, procedures, operations, or other activities, or because of the informational value of data contained therein, but does not include books, magazines or other materials acquired solely for library purposes and

available through any officially designated library of the Office; and

(c) "Person" includes a corporation or organization as well as an individual. § 1005.3

Central records room.

(a) The Office will maintain a central records room at its headquarters, in room 223, 1200 19th Street NW., Washington, D.C. 20506. This room will be under the supervision of a records officer and will open during regular business hours of the Office for the convenience of members of the public in inspecting and copying materials and records made available pursuant to this part. Certain materials, as described in paragraph (b) of this section, will be regularly maintained in or in close proximity to the records room so as to be promptly available there to any member of the public.

(b) Subject to the limitation stated in paragraph (c) of this section, there will be available in the headquarters records room the following:

(1) All final opinions and orders made in the adjudication of cases which have or may have precedential effect;

(2) Statements of policy and interpretations adopted by the Office which have not been published in the FEDERAL REGISTER but which have been or may be cited or relied upon as precedents;

(3) Administrative staff manuals and instructions to staff which affect the public;

(4) A current index covering at least so much of the foregoing materials as have been issued, adopted, or promulgated after July 4, 1967; and

(5) To the extent feasible, guidelines, forms, published regulations, and notices, program descriptions, and other materials considered to be of general interest to members of the public in understanding programs of the Office or in dealing with the Office in connection with those programs.

(c) Certain types of staff manuals or instructions, such as instructions to auditors or staff of the Office of Inspection, or instructions covering certain phases of contract negotiation are exempt from disclosure even though they affect or may affect the public. These will not be maintained in the records rooms. Also, in some cases, opinions maintained in the records rooms may be in a form which deletes certain identifying details in order to prevent a clearly

unwarranted invasion of privacy. In such cases, there will be attached to the opinion a full explanation of the justification for the deletion.

§ 1005.4 Regional rooms and facilities. The Office has regional offices in the following places:

Northeast Region (Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, Puerto Rico, and the Virgin Islands), 72 West 45th Street, New York, N.Y. 10036.

Mid-Atlantic Region (Delaware, Kentucky, Maryland, North Carolina, Pennsylvania, Virginia, and West Virginia), 1832 M Street NW., Washington, D.C. 20506.

Southeast Region (Alabama, Florida, Georgia, Mississippi, Tennessee, and South Carolina), 730 Peachtree Street NE., Atlanta, Ga. 30306.

Great Lakes Region (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin), 623 South Wabash, Chicago, Ill. 60605.

Southwest Region (Arkansas, Louisiana, New Mexico, Oklahoma, and Texas), 314 West 11th Street, Austin, Tex. 78701.

North Central Region (Colorado, Idaho, Iowa, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming), 911 Walnut Street, Kansas City, Mo. 64106.

Western Region (Alaska, Arizona, California, Hawaii, Nevada, Oregon, and Washington), 100 McAllister Street, San Francisco, Calif. 94102.

Although it may not always be feasible in these offices to set aside records rooms for the exclusive or primary use of the public, every reasonable effort will be made to accommodate members of the public who wish to use regional office facilities for the purpose of inspecting and copying records. The Office will also endeavor to maintain and have readily available in its regional offices the materials described in § 1005.3(b) as available in its headquarters records room and will designate a records officer in each regional office to receive and handle requests submitted pursuant to this part. [32 F.R. 9685, July 4, 1967; 33 FR. 19821, Dec. 27, 1968]

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cilities should take account of the possible limitations in these facilities as described in § 1005.4.

(b) The records rooms are also available to any member of the public to inspect and copy records which are not regularly maintained in the records room. To obtain this type of record, a person should present his request identifying the record to the records officer. It will often be impossible, however, to produce these records or copies of them on very short notice. Accordingly, a member of the public who wishes to use records room facilities to inspect or copy such records is advised to arrange a time in advance, by phone or letter request made to the records officer of the facility he desires to use. Individuals making phone requests will be advised by the records officer or his designee whether a written request would be advisable to aid in the identification and expeditious handling of the records sought. Individuals making written requests should identify the records sought in the manner provided in § 1005.7. They should also indicate whether there is any specific date on which they would like to use the records room facilities. The records officer will endeavor to advise the writer as promptly as possible whether, for any reason, it may not be possible to make the records sought available on the date requested. § 1005.7 Identification of records by

persons requesting them.

(a) In order for the Office to locate records and make them available, it is necessary that it be able to identify the specific records sought. Persons wishing to inspect or secure copies of records should, therefore, seek to identify them just as fully and accurately as is possible. In cases where requests are submitted which are not sufficient to permit identification, the records officer receiving the request will endeavor to assist the person seeking the records in filling in necessary details. In most cases, however, persons seeking records will find that time taken in trying to identify materials in the beginning is well worth their while in enabling the Office to respond promptly to their request.

(b) Among the kinds of information which a person seeking a record should try to provide in order to permit identification of a record are the following:

(1) The specific event or action, if any or if known, to which the record refers.

(2) The unit or program of the Office which may be responsible for or may have produced the record, such as Job Corps, Community Action Programs, or VISTA.

(3) The date of the record or the date or period to which it refers or relates, if known.

(4) The type of record, such as an application, a contract, or a grant, or a report.

(5) Personnel of the Office who may have prepared or have knowledge of the record.

(6) Citations to newspapers or publications which are known to have referred to the record.

§ 1005.8 Securing copies of records by mail.

A person desiring to secure copies of records by mail should write to the "Records Officer" at the Washington headquarters address or one of the regional office addresses indicated above. Records relating to any local community action program will generally be located in the regional office serving the State in which the program is being carried on; records relating to the Volunteers in Service to America (VISTA) or Job Corps programs will very commonly be located in headquarters. If the person making the request is uncertain whether the record is located in a particular office, he should write to the records officer in the headquarters office. The request should identify the records of which copies are sought as provided in § 1005.7, and should indicate the number of copies desired. As indicated in § 1005.13, fees may be required in some cases, in which event they must be paid in advance. If the person making the request is uncertain as to whether a fee will be required, or its amount, his letter should so indicate, and he will be advised as to the fee, if any, as promptly as possible.

§ 1005.9 Statutory exemptions.

(a) The provisions of 5 U.S.C. section 552 which require that agencies make their records available for public inspection and copying do not apply to matters which are:

(1) Specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy; (2) Specifically exempted from disclosure by statute;

(3) Related solely to the internal personnel rules and practices of an agency;

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