Imagini ale paginilor

(3) Open period. The open period is the period prior to the restricted period. The records of the Department for the open period are in the National Archives and may be consulted under regulations issued by the National Archives.

(c) Special restrictions on use of records of restricted and closed periods, in addition to the general restrictions listed in § 133.2. (1) The use of classified or administratively controlled records or information therefrom is subject to the Department's Security Regulations.

(2) Information contained in classified or administratively controlled telegrams less than 10 years old may be made available only in paraphrased form in accordance with the Department's Security Regulations.

(3) Certain types of documents will be withheld if their publication would be contrary to the public interest, such as (i) materials which might tend to embarrass the United States Government in its conduct of foreign relations; (ii) materials embodying opinions or comments which might give needless offense to other nationalities or to individuals at home or abroad; and (iii) materials which would violate the confidence reposed in the Department or in the Foreign Service.

(4) Papers, with the possible exception of captured enemy or ex-enemy documentation, originated by a foreign government and not yet released for publication by that government, ordinarily will not be made available to inquirers without the consent of the government concerned.

(d) Application for nonofficial access to records in the restricted and closed periods—(1) Submission of application. The application shall be submitted to the Director of the Historical Office of the Department of State.

(2) Information to be furnished in application. The application shall contain a description of the nature and scope of the proposed study and the

types of records required. Administrative considerations make it necessary for the researcher to confine his request, insofar as possible, to particular documents or materials on specific topics. The applicant also shall provide data concerning his citizenship, academic background and research experience. The application shall be accompanied by appropriate references or, preferably, by letters or recommendation. The application of an alien researcher should include a recommendation from the chief of mission in Washington representing the country to which he owes allegiance or an explanation of why such recommendation is not deemed necessary.

(3) Departmental action on application. The Director of the Historical Office shall confer with the appropriate officers, when necessary, and determine the action to be taken, the nature and extent of access to be granted, and any special restrictions to be placed on the use of the information. The Historical Office shall then notify the applicant whether the desired records can be made available within policy and security restrictions, and make any necessary arrangements for the applicant to consult oficial files subject to such conditions as may be decided upon.

(e) Clearance of notes or materials resulting from nonofficial use of records for research purposes. The researcher to whom documents have been made available shall submit to the Director of the Historical Office, for purpose of review, all such records, notes or manuscripts as may have been agreed to in advance. The Director may, in turn, submit them to the appropriate policy office or offices before approval is given for their use. After the clearance of the documents, notes, or manuscripts, the Director of the Historical Office shall transmit the cleared materials to the researcher, retaining such items as it may be deemed necessary to withhold.




CIVIL RIGHTS ACT OF 1964 Sec. 141.1 Purpose. 141.2 Application of this part. 141.3 Discrimination prohibited. 141.4 Assurances required. 141.5 Compliance information. 141.6 Conduct of investigations. 141.7 Procedure for effecting compliance. 141.8 Hearings. 141.9 Decisions and notices. 141.10 Judicial review. 141.11 Effect on other regulations; forms

and instructions. 141.12 Definitions.

AUTHORITY: The provisions of this part 141 issued under sec. 602 of the Civil Rights Act of 1964, 78 Stat. 252, sec. 4, 63 Stat. 111, as amended; 5 U.S.C. 1510.

SOURCE: The provisions of this Part 141 appear at 30 F.R. 314, Jan. 9, 1965, unless otherwise noted. $ 141.1 Purpose.

The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 (hereafter referred to as the “Act") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of State. § 141.2 Application of this part.

This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department including the Federallyassisted programs and activities listed in Appendix A of this part. It applies to Federal financial assistance of any form extended under any such program after the effective date of this part, even if the application is approved prior to such effective date. This part does not apply to (a) any Federal financial assistance by way of insurance or guaranty con

tracts, (b) money paid, property transferred, or other assistance extended under any such program before the effective date of this regulation, (c) any assistance to any individual who is the ultimate beneficiary under any such program, or (d) any employment practice, under any such program, of any employer, employment agency, or labor organization, or (e) any assistance to an activity carried on outside the United States by a person, institution, or other entity not located in the United States. Transfers of surplus property in the United States are subject to regulations issued by the Administrator of General Services (41 CFR 101-6.2). § 141.3

Discrimination prohibited. (a) General. No person in the United States shall, on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program to which this part applies.

(b) Specific discriminatory actions prohibited. (1) A recipient under any program to which this part applies may not, directly or through contractual or other arrangements, on ground of race, color, or national origin:

(i) Deny an individual any service, financial aid, or other benefit provided under the program;

(ii) Provide any service, financial aid, or other benefit to an individual which is different, or is provided in a different manner, from that provided to others under the program;

(iii) Subject an individual to segregation or separate treatment in any matter related to his receipt of any service, financial aid, or other benefit under the program;

(iv) Restrict an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program;

(v) Treat an individual differently from others in determining whether he satisfies any admission, enrollment, quota, eligibility, membership or other requirement or condition which indi

viduals must meet in order to be provided pliance with all requirements imposed by any service, financial aid, or other bene- or pursuant to this part. The assurance fit provided under the program;

shall obligate the recipient for the period (vi) Deny an individual an opportuni- during which Federal financial assistty to participate in the program through ance is extended pursuant to the applithe provision of services or otherwise or cation. The responsible Department afford him an opportunity to do so which official shall specify the form of the foreis different from that afforded others going assurances for each program, and under the program.

the extent to which like assurances will (2) A recipient, in determining the be required of subgrantees, contractors types of services, financial aid, or other and subcontractors, transferees, succesbenefits, or facilities which will be pro- sors in interest, and other participants vided under any such program, or the in the program. Any such assurance class of individuals to whom, or the shall include provisions which give the situations in which, such services, finan- United States a right to seek its judicial cial aid, other benefits, or facilities will enforcement. be provided under any such program or

(b) Assurances from institutions. (1) the class of individuals to be afforded an In the case of any application for Fedopportunity to participate in any such

eral financial assistance to an institution program, may not, directly or through

of higher education, the assurance recontractual or other arrangements,

quired by this section shall extend to utilize criteria or methods of adminis

admission practices and to all other tration which have the effect of sub- practices relating to the treatment of jecting individuals to discrimination

students. because of their race, color, or national (2) The assurance required with reorigin, or have the effect of defeating or spect to an institution of higher educasubstantially impairing accomplishment tion, or any other institution, insofar as of the objectives of the program as re

the assurance relates to the institution's spect individuals of a particular race, practices with respect to admission or color, or national origin.

other treatment of individuals as stu(3) As used in this section the services,

dents, or clients of the institution or to financial aid, or other benefits provided the opportunity to participate in the under a program receiving Federal fi

provision of services or other benefits to nancial assistance shall be deemed to

such individuals, shall be applicable to include any service, financial aid, or

the entire institution unless the appliother benefit provided in or through a cant establishes, to the satisfaction of facility provided with the aid of Federal the responsible Department official, that financial assistance.

the institution's practices in designated (4) The enumeration of specific forms parts or programs of the institution will of prohibited discrimination in this para- in no way affect its practices in the graph does not limit the generality of the program of the institution for which prohibition in paragraph (a) 'of this Federal financial assistance is sought, or section.

the beneficiaries of or participants in (c) Special programs. An individual such program. shall not be deemed subjected to discrimination by reason of his exclusion

§ 141.5 Compliance information. from the benefits of a program limited by (a) Cooperation and assistance. Each Federal law to individuals of a particular responsible Department official shall to race, color, or national origin different the fullest extent practicable seek the from his.

cooperation of recipients in obtaining § 141.4 Assurances required.

compliance with this regulation and shall

provide assistance and guidance to re(a) General. (1) Every application cipients to help them comply voluntarily for Federal financial assistance to carry with this part. out a program to which this part applies, (b) Compliance reports. Each reas a condition to its approval and the cipient shall keep such records and subextension of any Federal financial as- mit to the responsible Department official sistance pursuant to the application, or his designee timely, complete and shall contain or be accompanied by an accurate compliance reports at such assurance that the program will be con- times, and in such form and containing ducted or the facility operated in com- such information, as the responsible De

[ocr errors]
[ocr errors]

partment official or his designee may (c) Investigations. The responsible determine to be necessary to enable him Department official or his designee will to ascertain whether the recipient has make a prompt investigation whenever complied or his complying with this part. a compliance review, report, complaint, In the case of any program under which or any other information indicates a a primary recipient extends Federal fi- possible failure to comply with this part. nancial assistance to any other recipient, The investigation should include, where such other recipient shall also submit appropriate, a review of the pertinent such compliance reports to the primary practices and policies of the recipient, recipient as may be necessary to enable the circumstances under which the posthe primary recipient to carry out its sible noncompliance with this part ocobligations under this part.

curred, and other factors relevant to (c) Access to sources of information. a determination as to whether the recipiEach recipient shall permit access by the ent has failed to comply with this part. responsible Department official or his (d) Resolution of matters. (1) If an designee during normal business hours investigation pursuant to paragraph (c) to such of its books, records, accounts, of this section indicates a failure to comand other sources of information, and ply with this part, the responsible Deits facilities as may be pertinent to ascer- partment official or his designee will so tain compliance with this part. Where inform the recipient and the matter will any information required of a recipient be resolved by informal means whenever is in the exclusive possession of any possible. If it has been determined that other agency, institution or person and the matter cannot be resolved by inthis agency, institution or person shall formal means, action will be taken as fail or refuse to furnish this information, provided for in § 141.7. the recipient shall so certify in its report (2) If an investigation does not warand shall set forth what efforts it has rant action pursuant to subparagraph made to obtain the information.

(1) of this paragraph the responsible (d) Information to beneficiaries and Department official or his designee will participants. Each recipient shall make so inform the recipient and the comavailable to participants, beneficiaries, plainant, if any, in writing. and other interested persons such infor- (e) Intimidatory or retaliatory acts mation regarding the provisions of this prohibited. No recipient or other perpart and its applicability to the program son shall intimidate, threaten, coerce, under which the recipient receives Fed- or discriminate against any individual eral financial assistance, and make such for the purpose of interfering with any information available to them in such right or privilege secured by section 601 manner, as the responsible Department of the Act or this part, or because he official finds necessary to apprise such has made a complaint, testified, assisted, persons of the protections against dis- or participated in any manner in an incrimination assured them by the Act and vestigation, proceeding, or hearing unthis part.

der this part. The identity of com§ 141.6 Conduct of investigations.

plainants shall be kept confidential ex

cept to the extent necessary to carry out (a) Periodic compliance reviews. The

the purposes of this part, including the responsible Department official or his

conduct of any investigation, hearing, or designee shall from time to time review

judicial proceeding arising thereunder. the practices of recipients to determine whether they are complying with this part.

§ 141.7

Procedure for effecting com(b) Complaints. Any person who be

pliance. lieves himself or any specific class of (a) General. If there appears to be individuals to be subjected to discrimina- a failure or threatened failure to comply tion prohibited by this part may by him- with this part, and if the noncomplian self or by a representative file with the or threatened noncompliance cannot be responsible Department official a written corrected by informal means, complicomplaint. A complaint must be filed ance with this part may be effected by not later than 90 days from the date of the suspension or termination of or rethe alleged discrimination, unless the fusal to grant or to continue Federal time for filing is extended by the respon- financial assistance or by any other sible Department official or his designee. means authorized by law.

51-037 0-66—17


(b) Noncompliance with § 141.4. If person has been notified of its failure an applicant fails or refuses to furnish to comply and of the action to be taken an assurance required under § 141.4 or to effect compliance, and (4) the expiraotherwise fails or refuses to comply with

tion of at least 10 days from the mailing a requirement imposed by or pursuant of such notice to the recipient or other to that section Federal financial assist- person. During this period of at least ance may be refused in accordance with 10 days additional efforts shall be made the procedures of paragraph (c) of this to persuade the recipient or other person section. The Department shall not be to comply with this part and to take such required to provide assistance in such a corrective action as may be appropriate. case during the pendency of the admin

§ 141.8 Hearings. istrative proceedings under such paragraph except that the Department shall

(a) Opportunity for hearing. When

ever an opportunity for a hearing is recontinue assistance during the pendency

quired by § 141.7(c), reasonable notice of such proceedings where such assist- shall be given by registered or certified ance is due and payable pursuant to an

mail, return receipt requested, to the afapplication therefor approved prior to fected applicant or recipient. This nothe effective date of this part.

tice shall advise the applicant or recipi(c) Termination of or refusal to grant ent of the action proposed to be taken, or to continue Federal financial assist

the specific provision under which the ance. No order suspending, terminat

proposed action against it is to be taken, ing or refusing to grant or continue and the matters of fact or law asserted Federal financial assistance shall become as the basis for this action, and either effective until (1) the responsible De- (1) fix a date not less than 20 days after partment official has advised the ap- the date or such notice within which the plicant or recipient of his failure to com- applicant or recipient may request of the ply and has determined that compli- responsible Department official that the ance cannot be secured by voluntary matter be scheduled for hearing or (2) means, (2) there has been an express advise the applicant or recipient that the finding on the record, after opportunity matter in question has been set down for hearing, of a failure by the appli- for hearing at a stated place and time. cant or recipient to comply with a re- The time and place so fixed shall be reaquirement imposed by or pursuant to sonable and shall be subject to change for this part, (3) the action has been ap

cause. The complainant, if any, shall proved by the Secretary pursuant to be advised of the time and place of the § 141.9(e), and (4) the expiration of 30 hearing. An applicant or recipient may days after the Secretary has filed with waive a hearing and submit written inthe committee of the House and the formation and argument for the record. committee of the Senate having legis- The failure of an applicant or recipient lative jurisdiction over the program in- to request a hearing under this paravolved, a full written report of the cir- graph or to appear at a hearing for which cumstances and the grounds for such a date has been set shall be deemed to action. Any action to suspend or ter- be a waiver of the right to a hearing minate or to refuse to grant or to con- under section 602 of the Act and § 141.tinue Federal financial assistance shall 7(c) of this part and consent to the makbe limited to the particular political ing of a decision on the basis of such entity, or part thereof, or other appli- information as is available. cant or recipient as to whom such a find- (b) Time and place of hearing. Hearing has been made and shall be limited ings shall normally be held at the offices in its effect to the particular program, of the Department in Washington, D.C., or part thereof, in which such non-com- at a time fixed by the responsible Depliance has been so found.

partment official. Hearings shall be held (d) Other means authorized by law. before an official designated by the SeNo action to effect compliance by any cretary other than the responsible Deother means authorized by law shall be partment official. taken until (1) the responsible Depart- (c) Right to counsel. In all proceedment official has determined that com- ings under this section, the applicant or pliance cannot be secured by voluntary recipient and the Department shall have means, (2) the action has been approved the right to be represented by counsel. by the Deputy Under Secretary for Ad- (d) Procedures, evidence, and record. ministration, (3) the recipient or other (1) The hearing, decision, and any ad

« ÎnapoiContinuați »