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this part, shall nevertheless remain in a member of a uniformed service; (4) effect and be governed by the regula- the President and Vice President; and tions under which they were originally (5) a Member of the Senate or the issued, unless such grants or other au- House of Representatives, a Delegate thorizations are specifically amended from the District of Columbia in Conand made subject to the present regula

gress, and the Resident Commissioner tions in which case the individual con

from Puerto Rico in Congress. cerned will be notified.

(b) A foreign government means a for

eign government and an official agent PART 64-PARTICIPATION BY FED

or representative thereof; a group of ERAL EMPLOYEES IN CULTURAL governments and an official agent or EXCHANGE PROGRAMS OF FOR

representative thereof; an interEIGN COUNTRIES

national organization composed of gov

ernments, and an official agent or repSec.

resentative thereof. 64.1 Purpose.

(c) A program of the type described in 64.2 Definitions. 64.3 Submission of application.

section 102(a)(2)(i) of the Act means a 64.4 Contents of application.

cultural exchange program involving 64.5 Criteria for approval of program.

“visits and interchanges between the 64.6 Request for further information.

United States and other countries of 64.7 Approval of application.

leaders, experts in fields of specialized 64.8 Obligation of employee to advise agen

knowledge or skill, and other influenсу. .

tial or distinguished persons." 64.9 Termination of approval. 64.10 Grant not to constitute a gift.

(d) The “purpose stated in section 101

of the Act” is “to enable the GovernAUTHORITY: Sec. 108A (Pub. L. 94–350, 90

ment of the United States to increase Stat. 823) added to the Mutual Educational and Cultural Exchange Act, as amended, 75

mutual understanding between the peoStat. 527-28, 22 U.S.C. 2451 et seq.; and under ple of the United States and the people Executive Orders 11034 and 12048, as amend- of the other countries by means of edued; Pub. L. 105-277, 112 Stat. 2681 et seq.; Reor- cational and cultural exchange; to ganization Plan No. 2 of 1977 and the Con

strengthen the ties which unite us with tinuity Order (Continuity of Operations) of

other nations by demonstrating the April 1, 1978 (43 FR 15371).

educational and cultural interests, deSOURCE: 44 FR 42247, Sept. 20, 1978, unless

velopments, and achievements of the otherwise noted. Redesignated at 64 FR 54540, Oct. 7, 1999.

people of the United States and other

nations, and the contributions being EDITORIAL NOTE: Nomenclature changes to

made toward a peaceful and more fruitpart 64 appear at 64 FR 54540, Oct. 7, 1999.

ful life for people throughout the $ 64.1 Purpose.

world; to promote international co

operation for educational and cultural This part sets forth the procedures

advancement; and thus to assist in the for the application for approval of a cultural exchange program of a foreign

development of friendly, sympathetic, government, so that Federal employees

and peaceful relations between the may participate in such program; the

United States and the other countries

of the world.” grant and termination of such approval; and related procedures.

(e) Secretary of State means the Sec

retary of State of the Department of 8 64.2 Definitions.

State. For the purpose of this part:

(f) Department of State means the De(a) Federal employee means: (1) An

partment of State. employee as defined by section 2105 of (g) Act means the Mutual Edutitle 5, United States Code; (2) an indi- cational Cultural Exchange Act of 1961, vidual employed by, or occupying an

as amended (22 U.S.C. 2451 et seq.). office or position in, the government of (h) Member of the family or household a territory or possession of the United of a Federal employee means a relative States or the District of Columbia; (3) of the employee by blood, marriage, or

adoption or any person who is a resident of the household of the employee. (44 FR 42247, Sept. 20, 1978, as amended at 51 FR 11016, Apr. 1, 1986. Redesignated at 64 FR 54540, Oct. 7, 1999)

the purpose stated in section 101 of the Act; and

(c) A grant under such program will not provide assistance with respect to any expenses incurred by or for any member of the family or household of such Federal employee.

$64.6 Request for further information.

The Department of State may request the foreign government to supply additional information.

$64.3 Submission of application.

A foreign government intending to provide grants or other assistance to facilitate the participation of Federal employees in a program of cultural exchange shall submit to the Department of State an application for approval of the program through its embassy, mission, or office at Washington, D.C. If there is no embassy, mission, or office at Washington, D.C., of the foreign government the application may be submitted by the home office or headquarters of the foreign government. The application shall be addressed to the Secretary of State.

$64.7 Approval of application.

The Secretary of State shall review the application and if satisfied that the criteria of $516.5 are met shall inform the foreign government of the approval of its program.

8 64.4 Contents of application.

The foreign government shall provide information in the application showing that its program meets the criteria set forth in 8516.5, and shall include in such application the following:

(a) Name and description of the program and the provisions of legislation or regulation authorizing the program;

(b) Number of annual U.S. citizen participants expected, including the number of U.S. Federal employees;

(C) Average duration of stay abroad;

(d) Department of State of the foreign government responsible for the program;

(e) Name and address of contact in the United States with whom communication may be made with respect to the program; in the absence of such a contact in the United States, the name and address of a contact in the home office or headquarters of the foreign government. $64.5 Criteria for approval of pro

gram. To obtain approval of its program of cultural exchanges, a foreign government is required to show that:

(a) The cultural exchange program is of the type described in section 102(a)(2)(i) of the Act;

(b) The cultural exchange program is conducted for a purpose comparable to

$64.8 Obligation of employee to advise

agency. Any Federal employee receiving any offer of a grant or other assistance under a cultural exchange program approved by the Secretary of State shall advise the employee's agency of such offer and shall not accept such offer unless the employee's agency states that it has no objection to such acceptance. In the case of the Department, an employee shall advise the DAEO who may, after consultation with appropriate officials of the Department, furnish a "no objection” statement. (44 FR 42247, Sept. 20, 1978. Redesignated and amended at 64 FR 54540, Oct. 7, 1999) 864.9 Termination of approval.

If at any time it appears to the Secretary of State that the purpose of a program which has been approved has been changed so that it no longer meets the criteria of $516.5 or that the program is being misused, the Secretary of State may terminate such approval, or suspend such approval pending the supplying of additional information. However, a termination or suspension shall not affect a grant which has been made under a previously approved program. 8 64.10 Grant not to constitute a gift.

A grant made under an approved program shall not constitute a gift for purposes of 22 CFR 10.735-203 and section 7342 of title 5, United States Code. PART 65-FOREIGN STUDENTS

of State by the foreign governments concerned.

Sec. 65.1 Regulations to be drafted. 65.2 Applications. 65.3 Reference of applications. 65.4 Copies of regulations to Department of

State. 65.5 Granting of application.

AUTHORITY: 52 Stat. 1034, as amended; 20 U.S.C. 221, E.O. 7964, 3 FR 2105; 3 CFR, 1943– 1958, Comp.; Reorganization Plan No. 2 of 1977.

$ 65.3 Reference of applications.

The Secretary of State of the Department of State shall refer the applications to the proper department or agency of the Government for advice as to what reply should be made to the application. $ 65.4 Copies of regulations to Depart

ment of State. In order to enable the Secretary of State of the Department of State to reply to inquiries received from the governments of the other American republics, the Department of State shall be promptly supplied with copies of the regulations drafted by the other departments and agencies of the Government and of subsequent amendments thereto.

SOURCE: 44 FR 18021, Mar. 26, 1979, unless otherwise noted. Redesignated at 64 FR 54540, Oct. 7, 1999.

EDITORIAL NOTE: Nomenclature changes to part 65 appear at 64 FR 54540, Oct. 7, 1999.

8 65.1 Regulations to be drafted.

Subject to the provisions and requirements of this part, appropriate administrative regulations shall be drafted by each executive department or agency of the Government which maintains and administers educational institutions and schools coming within the scope of the legislation. Such regulations shall carefully observe the limitations imposed by the Act of June 24, 1938, and shall in each case include:

(a) A list of the institutions and courses in the department or agency concerned in which instruction is available under the terms of the legislation.

(b) A statement of the maximum number of students of the other American republics who may be accommodated in each such institution or course at any one time.

(c) A statement of the qualifications to be required of students of the other American republics for admission, including examinations, if any, to be passed.

(d) Provisions to safeguard information that may be vital to the national defense or other interests of the United States.

8 65.5 Granting of application.

Upon receipt of a reply from another department or agency of the Government, as contemplated by $517.3, in which it is recommended that an application be granted, the Secretary of State of the Department of State shall notify the government of the American republic concerned, through diplomatic channels, that permission to receive the instruction requested in the application is granted, provided the applicant complies with the terms of this part and with the terms of the administrative regulations of the department or agency concerned.

PART 66-AVAILABILITY OF THE

RECORDS OF THE NATIONAL ENDOWMENT FOR DEMOCRACY

$65.2 Applications.

Applications for citizens of the other American republics to receive the instruction contemplated by the Act of June 24, 1938, shall be made formally through diplomatic channels to the Secretary of State of the Department

Sec. 66.1 Introduction. 66.2 Location of description of organization

and substantive rules of general applicability adopted as authorized by law, and statements of general applicability for

mulated and adopted by NED. 66.3 Places at which forms and instructions

for use by the public may be obtained. 66.4 Availability of final opinions, orders,

policies, interpretations, manuals and in

structions. 66.5 Availability of NED records. 66.6 Exemptions. 66.7 Limitation of exemptions.

66.8 Reports.

AUTHORITY: 22 U.S.C. 4411 et seq.; Pub. L. 99_570, Secs. 1801-1804, 100 Stat. 3207–48 (1986); Pub. L. 105–277, 112 Stat. 2681 et seq.

SOURCE: 51 FR 40162, Nov. 5, 1986, unless otherwise noted. Redesignated at 64 FR 54540, Oct. 7, 1999.

EDITORIAL NOTE: Nomenclature changes to part 66 appear at 64 FR 54540, Oct. 7, 1999.

$ 66.1 Introduction.

These regulations amend the Code of Federal Regulations to conform with Pub. L. 99–93. Pub. L. 99–93 amended the National Endowment for Democracy Act (22 U.S.C. 4411, et. seq.) to require the National Endowment for Democracy (hereinafter “NED") to comply fully with the provisions of the Freedom of Information Act (6 U.S.C. 552) (hereinafter “FOIA”), notwithstanding that NED is not an agency or establishment of the United States Government. NED will make information about its operation, organization, procedures and records available to the public in accordance with the provisions of FOIA.

866.4 Availability of final opinions, or

ders, policies, interpretations,

manuals and instructions. NED is not an adjudicatory organization and therefore does not issue final opinions and orders made in the adjudication of cases. NED will, however, in accordance with the rules in this section and 8526.7, make available for public inspection and copying those statements of policy and interpretation that have been adopted by NED and are not published in the FEDERAL REGISTER, and administrative staff manuals and instructions to staff that affect any member of the public.

(a) Deletion to protect privacy. To the extent required to prevent a clearly unwarranted invasion of personal privacy, NED may delete identifying details when it makes available or publishes a statement of policy, interpretation, or staff manual or instruction. Whenever NED finds any such deletion necessary, the responsible officer or employee must fully explain the justification therefor in writing.

(b) Current inder. NED will maintain and make available on its premises for public inspection and copying a current index providing identifying information for the public as to any matter issued, adopted or promulgated after July 4, 1967, and required by this section to be made available or published. NED will provide copies on request at a cost of $0.15 per page.

866.2 Location of description of orga

nization and substantive rules of general applicability adopted as authorized by law, and statements of general applicability formulated

and adopted by NED. See 22 CFR part 527 for a description of the organization of NED and substantive rules of general applicability formulated and adopted by NED.

$ 66.3 Places at which forms and in.

structions for use by the public may

be obtained. (a) All forms and instructions pertaining to procedures under FOIA may be obtained from the FOIA officer of the National Endowment for Democracy, 1101 15th St., NW; Suite 700, Washington, D.C. 20005–5000.

(b) Grant guidelines may be obtained from the Program Office of NED to the address shown in paragraph (a) of this section.

(c) General information may be obtained from the Public Affairs Office of NED at the address shown in paragraph (a) of this section.

$ 66.5 Availability of NED records.

Except with respect to the records made available under $526.4, NED will, upon request that reasonably describes records in accordance with the requirements of this section, and subject to the exemptions listed in 5 U.S.C. 552(b), make such records promptly available to any person.

(a) Requests for records—How made and addressed. (1) Requesters seeking access to NED records under FOIA should direct all requests in writing to: Freedom of Information Act Officer, National Endowment for Democracy, 1101 15th St., NW; Suite 700, Washington, D.C. 20005–5000. Although requesters are encouraged to make their requests for access to NED records directly to NED, requests for

[51 FR 40162, Nov. 5, 1986. Redesignated and amended at 64 FR 54540, Oct. 7, 1999)

access to NED records also may be submitted to Department of State's Office of General Counsel and Congressional Liaison at the following address: Freedom of Information Privacy Acts Coordinator, U.S. Information Agency, Room M-04, 301 Fourth Street SW., Washington, DC 20547.

(2) Appeals of denials of initial requests must be addressed to NED in the same manner or to the Department of State pursuant to the procedures set forth at part 171 of this Title, with the addition of the word “APPEAL” preceding the address on the envelope. Appeals addressed directly to the Department of State will not be deemed to have been received by NED for purposes of the time period set forth in 5 U.S.C. 552(a)(6)(A)(1) until actually received by NED. The Department of State shall forward any appeal received by it to NED within 2 working days from the actual day of receipt by the Department of State.

(3) The request letter should contain all available data concerning the desired records, including a description of the material, dates, titles, authors, and other information that may help identify the records. The first paragraph of a request letter should state whether it is an initial request or an appeal.

(b) Administrative time limits. (1) Within 10 working days after NED's receipt of any request for access to NED records in compliance with paragraph (a) of this section, NED shall make an initial determination whether to provide the requested information and NED shall notify the requester in writing of its initial determination. In the event of an adverse determination, notification shall include the reasons for the adverse determination, the officials responsible for such determination, the right of the requester to appeal within NED, and that the final determination by NED to deny a request for records in whole or in part shall be submitted to the Secretary of State of Department of State for review. NED shall also provide Department of State a copy of its response as soon as practicable after it responds to the requester.

(2) When a request for records has been denied in whole or in part, the requester may, within 30 days of the date of receipt by the requester of the ad

verse determination from NED, appeal the denial to the President of NED or his designee, who will make a determination whether to grant or deny such appeal within 20 working days of receipt thereof. All appeals should be addressed in compliance with paragraph (a) of this section. If on appeal, the denial of the request for records is upheld, in whole or in part, NED shall notify the requester in writing of such determination, the reasons therefor, the officials responsible for such determination, the right of the requester to judicial review, and that the final determination by NED whether to deny a request for records in whole or in part shall be submitted to the Secretary of State of Department of State for review.

(3) If the requester elects not to appeal to the President of NED or his designee within the appeal period specified above, NED's initial determination will become the final NED determination upon expiration of said appeal period or receipt by NED of notice from the requester that he does not elect to appeal, whichever is earlier. If the requester chooses to appeal NED's initial determination within NED, the decision on appeal will become NED's final determination.

(4)(i) Once NED's determination to deny a request in whole or in part becomes final, NED shall submit a report to the Secretary of State of Department of State explaining the reasons for such denial no later than 5 working days thereafter.

(ii) The Secretary of State of Department of State shall review NED's final determination within 20 working days. If the Secretary of State of Department of State or his designee approves NED's denial in whole or in part, Department of State shall inform the requester and NED in writing of such determination, the reasons therefor, the officials responsible for such determination, and the right of the requester to judicial review of NED's determination. In the event of such a determination, Department of State shall assume full responsibility, including financial responsibility, for defending NED in any litigation relating to such request.

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