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ministrative review thereof shall be con- of the Department of State. Final deducted with as much conformity as is cisions in all such cases, insofar as this practicable with sections 5-8 of the Ad- part is concerned, shall be made in acministrative Procedure Act, and in ac- cordance with $ 141.9. cordance with such rules of procedure as are proper (and not inconsistent with $ 141.9 Decisions and notices. this section) relating to the conduct of

(a) Decisions on record or review by the hearing, giving of notices subsequent

the responsible Department official. to those provided for in paragraph (a) of

The applicant or recipient shall be given this section, taking of testimony, ex

reasonable opportunity to file with the hibits, arguments and briefs, requests for

officer presiding at the hearing briefs or findings, and other related matters. Both

other written statements of its contenthe Department and the applicant or re

tions, and a copy of the final decision cipient shall be entitled to introduce all

shall be given in writing to the applicant relevant evidence on the issues as stated

or recipient and to the complainant, if in the notice for hearing or as deter

any. The officer presiding at the hearmined by the officer conducting the hear

ing shall render a decision on the matter. ing at the outset of or during the hearing.

(b) Decisions on record where a hear(2) Technical rules of evidence shall

ing is waived. Whenever a hearing is not apply to hearings conducted pur

waived pursuant to § 141.8(a) a decision suant to this part, but rules or prin

shall be made by the responsible Departciples designed to assure production of

mental official on the record and a copy the most credible evidence available and

of such decision shall be given in writing to subject testiniony to test by cross

to the applicant or recipient, and to the examination shall be applied where reasonably necessary by the officer conduct

complainant, if any.

(c) Rulings required. Each decision ing the hearing. The officer presiding

of an officer presiding at the hearing at the hearing may exclude irrelevant,

shall set forth his ruling on each finding, immaterial, or unduly repetitious evidence.

conclusion, or exception presented, and All documents and other evidence offered or taken for the record

shall identify the requirement or re

quirements imposed by or pursuant to shall be open to examination by the

this part with which it is found that the parties and opportunity shall be given to refute facts and arguments advanced

applicant or recipient has failed to on either side of the issues. A transcript

comply. shall be made of the oral evidence except

(d) Appeal. Either party may appeal to the extent the substance thereof is

from a decision of the officer presiding at

the hearing to the responsible Departstipulated for the record. All decisions

ment official within 30 days of the mailshall be based upon the hearing record

ing of the officer's decision. In the aband written findings shall be made. (e) Consolidated or Joint Hearings.

sence of such an appeal the decision of In cases in which the same or related

the officer presiding at the hearing shall

constitute the final decision of the Defacts are asserted to constitute noncompliance with this part with respect to

partment subject to paragraph (e) of

this section. two or more programs to which this part applies, or noncompliance with this part

(e) Approval by Secretary. Any final

decision by an officer (other than the and the regulations of one or more other Federal departments or agencies issued

Secretary) which provides for the sus

pension or termination of, or the reunder Title VI of the Act, the Secretary fusal to grant or continue Federal finanmay, by agreement with such other de- cial assistance, or the imposition of any partments or agencies where applicable, other sanction available under this part provide for the conduct of consolidated or the Act, shall promptly be transmitted or joint hearings, and for the application to the Secretary, who may approve such to such hearings of rules of procedures decision, may vacate it, or remit or mitinot inconsistent with this part. The gate any sanction imposed. Secretary may also transfer the hearing (f) Content of orders. The final deof any complaint to any other depart- cision may provide for suspension or terment or agency, with the consent of that mination of, or refusal to grant or condepartment or agency, where Federal fi- tinue Federal financial assistance, in nancial assistance to the applicant or re- whole or in part, under the program incipient is substantially greater than that volved, and may contain such terms, conditions, and other provisions as are each of its operating agencies and other consistent with and will effectuate the organizational units except the Agency purposes of the Act and this part, in- for International Development. cluding provisions designed to assure (b) The term "Secretary” means the that no Federal financial assistance will

Secretary of State. thereafter be extended under such pro

(c) The term “responsible Departgram to the applicant or recipient de

ment official” with respect to any protermined by such decision to be in default

gram receiving Federal financial assistin its performance of an assurance given

ance means the official of the Departby it pursuant to this part, or to have

ment having responsibility within the otherwise failed to comply with this part,

Department for the program extendunless and until it corrects its noncom

ing such assistance or such official of the pliance and satisfies the responsible De

Department as the Secretary designates.

(d) The term “United States" means partment official that it will fully comply with this part.

the States of the United States, the Dis

trict of Columbia, Puerto Rico, the Vir§ 141.10 Judicial review.

gin Islands, American Samoa, Guam, Action taken pursuant to section 602 Wake Island, the Canal Zone, and the of the Act is subject to judicial review as territories and possessions of the United provided in section 603 of the Act.

States, and the term “State” means any

one of the foregoing. $ 141.11 Effect on other regulations;

(e) The term "Federal financial asforms and instructions.

sistance" includes (1) grants and loans Nothing in this part shall be deemed to of Federal funds, (2) the grant or donasupersede: Executive Orders 10925 and tion of Federal property and interests in 11114 and regulations issued thereunder, property, (3) the detail of Federal peror any other regulations or instructions, sonnel, and (4) any Federal agreement, insofar as such regulations, or instruc- arrangement, or other contract which tions prohibit discrimination on the has as one of its purposes the provision ground of race, color, or national origin of assistance. in any program or situation to which this (f) The term “program” includes any regulation is inapplicable, or prohibit program, project, or activity for the prodiscrimination on any other ground. vision of services, financial aid, or other

(a) Forms and instructions. Each benefits to individuals whether provided responsible Department official shall is- through employees of the recipient of sue, and promptly make available to in- Federal financial assistance or provided terested persons, forms and detailed in- by others through contracts or other structions and procedures for effectuat- arrangements with the recipient. ing this part as applied to programs to

(g) The term "recipient” means any which this part applies and for which State, political subdivision of any State, he is responsible.

or instrumentality of any State or polit(b) Supervision and coordination. ical subdivision, any public or private The Secretary may from time to time agency, institution, or organization, or assign to officials of the Department, or other entity, or any individual, in any to officials of other departments or agen

State, to whom Federal financial assistcies of the Government with the con- ance is extended, directly or through ansent of such departments or agencies, other recipient, for any program, includresponsibilities in connection with the ing any successor, assign, or transferee effectuation of the purposes of Title VI thereof, but such term does not include of the Act and this part including the any ultimate beneficiary under any such achievement of effective coordination and program. maximum uniformity within the Depart- (h) The term “primary recipient” ment and within the Executive Branch means any recipient which is authorof the Government in the application of ized or required to extend Federal finanTitle VI and this part to similar pro- cial assistance to another recipient for grams and in similar situations.

the purpose of carrying out a program.

(i) The term “applicant” means one § 141.12 Definitions.

who submits an application, request, or As used in this part

plan required to be approved by a re(a) The term “Department” means sponsible Department official, or by a the Department of State and includes primary recipient, as a condition to eligibility for Federal financial assistance, and the term “application" means such an application, request, or plan.

APPENDIX A

PROGRAMS AND ACTIVITIES TO WHICH THIS PART

APPLIES

1. Mutual understanding between people of the United States and the people of other countries by educational and cultural exchange-studies, research, instruction and other educational activities-cultural exchanges (Mutual Educational and Cultural Exchange Act of 1961–75 Stat. 527-538).

2. Center for Cultural and Technical Interchange Between East and West-grant to State of Hawaii (Public Law 86–472, 74 Stat. 141).

3. Assistance to or in behalf of refugees designated by the President (Migration and Refugee Assistance Act of 1962–76 Stat. 121124).

4. Donations of certain foreign language tapes and other training material to public and private institutions (Regulations of Administrator of General Services relating to surplus property-41 CFR 101-6.2).

CHAPTER 11-AGENCY FOR INTERNATIONAL
DEVELOPMENT, DEPARTMENT OF STATE

Note: Section 621 (b) of the Foreign Assistance Act of 1961, Public Law 87-195, 75 Stat. 424, abolished the International Cooperation Administration. The President, by Executive Order 10973 (26 F.R. 10469), delegated the functions of the abolished agency to the Secretary of State and directed him to establish the Agency for International Development in the Department of State. The Secretary of State established the Agency for International Development by Public Notice 199 (26 F.R. 10608). The Administrator of the Agency for International Development issued Delegation of Authority No. 3 (26 F.R. 10734) which directed:

“All delegations of authority, regulations, instructions, memoranda, or other similar documents (published or otherwise) of ICA and DLF effect at the time of this order, shall, to the extent consistent with law, continue in effect except as they may be later modified or superseded.”

Part

201 Rules and procedures applicable to commodity transactions financed by

A.I.D. 202 Overseas shipments of supplies by voluntary nonprofit relief agencies. 203 Registration of agencies for voluntary foreign aid. 205 Per diem payments to participants in nonmilitary mutual security training

programs. 207 Limitation on the employment of third country nationals for construction

work financed from United States foreign assistance funds. 208 Suppliers of commodities and commodity-related services ineligible for A.I.D.

financing 209 Non-discrimination in federally-assisted programs of the Agency for Inter

national Development-effectuation of Title VI of the Civil Rights Act of

1964. 210 Loyalty and security investigations for persons serving under contracts

financed from United States foreign assistance funds.

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