Title 10--ENERGY
Chapter X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS)


proceedings pending with regard to those functions of various agencies which have been consolidated in the Department of Energy and identifies those proceedings which...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1002.1] [Page 688] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1002_OFFICIAL SEAL AND DISTINGUISHING FLAG--Table of Contents Subpart A_General Sec. 1002.1 Purpose. The purpose of this part is to describe the official seal and distinguishing flag of the Department of Energy, and to prescribe rules for their custody and use. ...


of the Department of Energy. (b) Embossing seal means a display of the form and content of the official seal made on a die so that the seal can be embossed on paper or...


(a) Have custody of: (1) The official seal and prototypes thereof, and masters, molds, dies, and all other means of producing replicas, reproductions, and...


its official seal, of which judicial notice shall be taken pursuant to section 654 of the Department of Energy Organization Act of 1977, 42 U.S.C. 7264, the imprint...


are authorized to affix replicas, reproductions, and embossing seals to appropriate documents, certifications, and other material for all purposes as authorized by...


be white, and a replica of the official seal shall appear on both sides thereof. (b)(1) The indoor flag shall be of rayon banner, measure 4[foot]4 on hoist...


(1) In the offices of the Secretarial officers, Chairman of the Federal Energy Regulatory Commission, and heads of field locations designated...


shall not be used except as authorized by the Director of Administration in connection with: (a) Contractor-operated facilities. (b) Souvenir or novelty items. ...


be utilized and identifies the sanctions that are available in most proceedings before the Office of Hearings and Appeals of the Department of Energy. These procedures...


order issued, or a rulemaking undertaken, by the DOE. Aggrieved, with respect to a person, means adversely affected by an action of the DOE. Conference means...


personal appearances in the discretion of the OHA, and participate in any proceeding described in this part on his own behalf or by a duly authorized representative....


addressed as required by Sec. 1003.11, and should conform to the requirements contained in Sec. 1003.9. All documents and exhibits submitted become part of an OHA file and...


(b) of this section, in computing any period of time prescribed or [[Page 693]] allowed by these regulations or by an order of the OHA, the day of the...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1003.6] [Page 693] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1003_OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS--Table of Contents Subpart A_General Provisions Sec. 1003.6 Extension of time. When a document is required to be filed within a prescribed time, an extension of time to file may be granted by the OHA upon good cause shown. ...


be served personally or by first class United States mail, except as otherwise provided. (b) Service upon a person's duly authorized representative shall...


with the provisions of this section and as otherwise authorized by law, the Director may sign, issue and serve subpoenas; administer oaths and affirmations; take...


this section shall apply to all documents required or permitted to be filed with the OHA. One copy of each document must be filed with the original, except as provided...


part is effective as against all persons having actual or constructive notice thereof upon issuance, in accordance with its terms, unless and until it is stayed,...


written communications and other documents to be submitted to or filed with the OHA, as provided in this part or otherwise, shall be addressed to the Office...


other directives issued, all proceedings initiated, and all other actions taken in accordance with 10 CFR part 205 prior to the effective date of this part, are hereby...


the OHA, 950 L'Enfant Plaza, S.W., Washington, DC. In this room, the following information shall be made available for public inspection and copying, during normal...


on its Internet World Wide Web site, a digest of the applications, appeals, petitions and other requests filed, and a summary of the Decisions and Orders issued by the...


applying for an exception or exemption, as provided for in section 504 (42 U.S.C. 7194) of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), from a...


an ``Application for Exception,'' which should be clearly labeled as such both on the application and on the outside of the envelope in which the application is transmitted,...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1003.22] [Page 697] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1003_OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS--Table of Contents Subpart B_Exceptions Sec. 1003.22 Where to file. All applications for exception shall be filed with the OHA at the address provided in Sec. 1003.11. ...


copy of the application and any subsequent amendments or other documents relating to the application, or a copy from which confidential information has been deleted in...


of all relevant facts pertaining to the circumstances, act or transaction that is the subject of the application and to the OHA action sought. Such facts shall include...


statement in an application and utilize in its evaluation any relevant facts obtained by such investigation. The OHA may solicit and accept submissions from third persons...


relevant information received or obtained during the proceeding, the OHA shall issue an order granting or denying the application, in whole or in part. (b) The Decision...


of this section, any person aggrieved by an order issued by the OHA under this subpart may file an appeal with the OHA in accordance with subpart C of this part. Any appeal...


the filing of an administrative appeal of a DOE order and for the consideration of the appeal by the Office of Hearings and Appeals. Unless a program rule or regulation or a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1003.31] [Page 699] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1003_OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS--Table of Contents Subpart C_Appeals Sec. 1003.31 Who may file. Any person may file an appeal under this subpart who is so authorized by Sec. 1003.27, a program rule or regulation, or a DOE delegation of authority. ...


Order'' which should be clearly labeled as such both on the appeal and on the outside of the envelope in which the appeal is transmitted, and shall be in writing....


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1003.33] [Page 699] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1003_OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS--Table of Contents Subpart C_Appeals Sec. 1003.33 Where to file. The appeal shall be filed with the OHA at the address provided in Sec. 1003.11. ...


of the appeal and any subsequent amendments or other documents relating to the appeal, or a copy from which confidential information has been deleted in accordance with Sec....


which it is brought and a description of the relief sought. It shall include a discussion of all relevant authorities, including, but not limited to, DOE rules,...


any statement in an appeal and utilize in its evaluation any relevant facts obtained by such investigation. The OHA may solicit and accept [[Page...


information received or obtained during the proceeding, the OHA shall enter an appropriate order, which may include the modification of the order that is the subject of...


applying for a stay. It also specifies the nature of the relief which may be effectuated through the approval of a stay. (b) An application for a stay will be considered...


Stay'' which should be clearly labeled as such both on the application and on the outside of the envelope in which the application is transmitted. The application...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1003.42] [Page 701] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1003_OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS--Table of Contents Subpart D_Stays Sec. 1003.42 Where to file. An Application for Stay shall be filed with the OHA at the address provided in Sec. 1003.11. ...


as one who will be directly aggrieved by the OHA action sought that it has filed an Application for Stay. The applicant shall serve the application on...


of all relevant facts pertaining to the act or transaction that is the subject of the application and to the OHA action sought. Such facts shall include, but not...


any statement in an application and utilize in its evaluation any relevant facts obtained by such investigation. The OHA may order the submission of additional information, and...


for Stay, the OHA shall consider all relevant information in the record. An Application for Stay may be decided by the issuance of an order either during the course of...


the filing of an application for modification or rescission of a DOE order. An application for modification or rescission is a summary proceeding that will be...


an ``Application for Modification (or Rescission),'' which should be clearly labeled as such both on the application and on the outside of the envelope in which the application...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1003.52] [Page 703] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1003_OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS--Table of Contents Subpart E_Modification or Rescission Sec. 1003.52 Where to file. The application shall be filed with the OHA at the address provided in Sec. 1003.11. ...


a copy of the application and any subsequent amendments or other documents relating to the application, from which confidential information has been deleted in accordance...


statement of all relevant facts pertaining to the circumstances, act or transaction that is the subject of the application and to the OHA action sought. Such facts...


any statement in an application and utilize in its evaluation any relevant facts obtained by such investigation. The OHA may solicit and accept submissions from...


other relevant information received or obtained during the proceeding, the OHA shall issue a Decision and Order granting or denying the application. (b) The Decision...


requesting and conducting an OHA conference or hearing. Such proceedings shall be convened in the discretion of the OHA, consistent with...


conference be convened, on its own initiative or upon request by a person, when it appears that such conference will materially advance the proceeding. The determination as to...


hearing be convened on its own initiative or upon request by a person, when it appears that such hearing will materially advance the proceeding. All hearings convened pursuant...


that seek special redress relief or other extraordinary assistance as provided for in the Federal Energy Administration Act of 1974, Section 21 (15 U.S.C. 780),...


subpart who is adversely affected by any DOE rule, regulation or order [[Page 707]] subject to 15 U.S.C. 780 or who is so authorized by a program rule or...


file a ``Petition for Special Redress or Other Relief,'' which shall be clearly labeled as such both on the petition and on the outside of the envelope in which it...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1003.73] [Page 707] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1003_OFFICE OF HEARINGS AND APPEALS PROCEDURAL REGULATIONS--Table of Contents Subpart G_Private Grievances and Redress Sec. 1003.73 Where to file. A petition shall be filed with the OHA at the address provided in Sec. 1003.11. ...


that asserts that the DOE is not complying with agency rules, regulations, or orders, shall send by United States mail a copy of the petition and any subsequent amendments...


of all relevant facts pertaining to the circumstances, act or transaction that is the subject of the petition and to the OHA action sought. Such facts shall include,...


investigation of any statement in a petition [[Page 708]] and utilize in its evaluation any relevant facts obtained by such investigation. The OHA may solicit...


other relevant information received or obtained during the proceeding, the OHA will issue a Decision and Order granting or denying the petition. (b) The Decision and...


93- 502, 88 Stat. 1561, by Pub. L. 94-409, 90 Stat. 1241, and by Pub. L. 99- 570, 100 Stat. 3207-49. The regulations of this part provide information concerning the procedures...


that DOE officer as identified by the Directorate of Administration by separate directive, having custody of or [[Page 709]] responsibility for records...


are required by 5 U.S.C. 552(a)(2) to be made available for public inspection and copying. The principal public reading facility will be located at the Freedom of Information...


facility, as described in Sec. 1004.3, shall be addressed to the appropriate Headquarters or field Freedom of Information Officer, Department of Energy, at a location...


this part. Upon receiving such a request, the Freedom of Information Officer will, except as provided in paragraph (c) of this section, ascertain which Authorizing Official...


this part with the special qualifications noted below. (b) All requests for records made in accordance with this part, except those requests for access to...


they are identified and determined to be nonexempt under this Regulation, the Freedom of Information Act, and where the applicable fees are $15 or less or where it has...


in part or has responded that there are no documents responsive to the request consistent with Sec. 1004.4(d), or when the Freedom of Information Officer has denied a request...


the most efficient and least costly methods to comply with requests for documents made under the FOIA. The DOE may contract with private sector services to locate, reproduce...


(b) of that section. These categories include such matters as national defense and foreign policy information; investigatory records; internal procedures and...


information which may be exempt from public disclosure, it will be handled in accordance with the procedures in this section. While the DOE is responsible for making...


designated period of time begins to run is not to be included; the last day of the period so computed is to be included; and Saturdays, Sundays, and legal holidays...


``Intergovernmental Review of Federal Programs,'' issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401...


Order means Executive Order 12372, issued July 14, 1982, and amended April 8, 1983 and titled ``Intergovernmental Review of Federal Programs.'' Secretary means the Secretary...


publishes in the Federal Register a list of the Department's program and activities that are subject to the order and these regulations. (b) Unless otherwise stated in...


consultation by elected officials of those state and local governments that would provide the nonfederal funds, for, or that would be directly affected by,...


the extent practicable, consults with and seeks advice from all other substantially affected federal departments and agencies in an effort to assure full coordination between...


state may select any program or activity published in the Federal Register in accordance with Sec. 1005.3 of this part for intergovernmental review under these regulations. Each...


activities? (a) [Reserved] (b) The Secretary provides notice to directly affected state, areawide, regional, and local entities in a state...


Federal development? (a) Except in unusual circumstances, the Secretary gives state processes or directly affected State, areawide, regional and local officials...


1005.10 if: (1) A state office or official is designated to act as a single point of contact between a state process and all federal agencies, and (2) That office...


process provides a state process recommendation to the Department through its single point of contact, the Secretary either: (1) Accepts the recommendation; ...


(1) Identifying proposed federal financial assistance and direct federal development that have an impact on interstate areas; (2) Notifying appropriate officials...


in this section: (1) Simplify means that a state may develop its own format, choose its own submission date, and select the planning period for a state plan. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1005.13] [Page 725] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1005_INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF ENERGY PROGRAMS AND ACTIVITIES--Table of Contents Sec. 1005.13 May the Secretary waive any provision of these regulations? In an emergency, the Secretary may waive any provision of these regulations. ...


the Privacy Act of 1974 (Pub. L. 93-579, 5 U.S.C. 552a) within the Department of Energy. (b) This part applies to all systems of records, as defined in Sec....


organizational entities which are a part of the executive department created by title II of the Department of Energy Organization Act, Public Law 95-91, except the Federal...


Privacy Act Officer shall assure that DOE personnel are advised of the provisions of the Privacy Act, including the criminal penalties and civil liabilities...


amendment of records. (a) When a request for information about or for access to or correction of a record pertaining to an individual and contained in a system of...


on any exemption contained in the Freedom of Information Act (5 U.S.C. 552) to withhold from the individual to whom it pertains, any record which is otherwise accessible to...


(1) Ask the DOE whether a system of records maintained by the DOE contains records about him or her; (2) Request access to information pertaining to him or her that...


Sec. 1008.6 shall be promptly acknowledged by the Privacy Act Officer. (b) Each request shall be acted upon promptly. Every effort will be made to respond within...


to subject individuals. (a) Consistent with the recommendation of the System Manager and the concurrence of the appropriate General Counsel, the Privacy Act...


(a) A request by an individual for information about or access to a record or information pertaining to that individual that is contained in a system of records may be denied...


(a) The Privacy Act Officer must respond in writing to the requester for amendment of a record within 10 working days of receipt. This response shall inform...


(a) Any individual may appeal the denial of a request made by him for information about or for access to or correction or amendment of records. An appeal shall be filed within...


allows the exemption of any system of records within the DOE from any part of section 552a except subsections (b), (c)(1) and (2), (e)(4)(A) through (F) (e)(6),...


individual under the provisions of this part are for copying records at the request of the individual. The fee charged shall be consistent with the fee schedule set forth...


that any person who knowingly and willingly requests or obtains any record concerning an individual from an agency under false pretenses shall be quilty of a...


individual may bring suit against the DOE for a violation of the Privacy Act, as follows: (a) If the DOE refuses to grant a request for access to an individual's rec ords,...


1008.17, the DOE shall not disclose any record which is contained in a system of rec ords, by any means of communication, to any agency or to any person other than the...


in Sec. 1008.16, the DOE may disclose records covered by this part (1) to the individual to whom the record pertains or to an agency or (2) to a person other than...


in a system of records under his control, except disclosures to authorized officers and employees of DOE and disclosures required by the Freedom of...


Act provides that a Federal employee who willfully discloses information subject to the Privacy Act in violation of the Act or rules promulgated under it shall be guilty of...


maintain in its rec ords only such information about an individual as is relevant and necessary to accomplish a purpose DOE is required to accomplish by statute or by Executive...


system of records. (a) The DOE will collect information, to the greatest extent practicable, directly from the subject individual when the use of the information...


System Manager of each system of records which utilizes social security numbers as a method of identification without statutory authorization or authorization by regulation...


shall publish in the Federal Register at least annually a notice of the existence and character of each of its systems of records, which notice shall include: (1) The name...


Subsection (i)(2) of the Act provides that an agency officer or employee who willfully maintains a system of rec ords without publishing a system notice as required by...


and charges for Department materials and services sold to organizations and persons outside the Federal Government. (b) This part applies to all elements of the...


to a particular cost objective (i.e., a specific function, project, process, or organization) if the costs incurred are chargeable or assignable to such cost objectives...


organizations outside the Federal Government shall be the Government's full cost for those materials and services, unless otherwise provided in this part. (b) Exceptions...


for by statute, Executive Order, or regulations. This part does not apply to: (a) Fees, penalties and fines established by the Economic Regulatory Administration...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1009.5] [Page 743] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1009_GENERAL POLICY FOR PRICING AND CHARGING FOR MATERIALS AND SERVICES SOLD BY DOE--Table of Contents Sec. 1009.5 Supersessions. Prices which appear in Federal Register Notices previously published by the Department, or its predecessor agencies, for materials and services covered by this rule are hereby superseded. [[Page 744]] ...


available from the DOE laboratory or office providing the material or service, or from the responsible program office. If this office cannot be determined,...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1010.101] [Page 744] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1010_CONDUCT OF EMPLOYEES--Table of Contents Sec. 1010.101 General. This part applies to employees of the Department of Energy (DOE), excluding employees of the Federal Energy Regulatory Commission. ...


Standards of Ethical Conduct for Employees of the Executive Branch at 5 CFR part 2635, the DOE regulation at 5 CFR part 3301 which supplements the executive branch-wide...


including on the part of DOE employees, contractors, subcontractors, grantees, or other recipients of DOE financial assistance, to the Office of Inspector General or...


provide documents and other materials concerning matters of official interest. An employee is not required to respond to such official inquiries if answers or testimony...


Stat. 1874 (October 21, 1986), codified at 31 U.S.C. 3801-3812. 31 U.S.C. 3809 of the statute requires each authority head to promulgate regulations necessary to...


pursuant to 5 U.S.C. 3344. Authority means the Department of Energy. Authority head means the Secretary or the Under Secretary of the Department of Energy. ...


makes a claim that the person knows or has reason to know-- (i) Is false, fictitious, or fraudulent; (ii) Includes or is supported by any written statement which...


is warranted-- (1) The subpoena so issued shall notify the person to whom it is addressed of the authority under which the subpoena is issued and shall identify the...


reviewing official determines that there is adequate evidence to believe that a person is liable under Sec. 1013.3 of this part, the reviewing official shall transmit to...


(1) The Department of Justice approves the issuance of a complaint in a written statement described in 31 U.S.C. 3803(b)(1), and (2) In the case of allegations of...


the reviewing official may serve a complaint on the defendant, as provided in Sec. 1013.8 of this part. (b) The complaint shall...


Rule 4(d) of the Federal Rules of Civil Procedure. Service is complete upon receipt. (b) Proof of service, stating the name and address of the person on whom the...


An answer shall be deemed to be a request for hearing. (b) In the answer, the defendant-- (1) Shall admit or deny each of the allegations of liability made...


of this part, the reviewing official may refer the complaint to the ALJ. (b) Upon the referral of the complaint, the ALJ shall promptly serve on defendant in the...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1013.11] [Page 750] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1013_PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES--Table of Contents Sec. 1013.11 Referral of complaint and answer to the ALJ. Upon receipt of an answer, the reviewing official shall file the complaint and answer with the ALJ. ...


defendant in the manner prescribed by Sec. 1013.8 of this part. At the same time, the ALJ shall send a copy of such notice to the representative for the Government. (b)...


a private plaintiff under the False Claims Act may participate in these proceedings to the extent authorized by the provisions of...


takes part in investigating, preparing, or presenting a particular case may not, in such case or a factually related case-- (1) Participate in the hearing as the ALJ; ...


at issue in a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the status of...


at any time. (b) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit...


a representative; (b) Participate in any conference held by the ALJ; (c) Conduct discovery; (d) Agree to stipulations of fact or law, which shall be made part of...


record of the proceeding is made. (b) The ALJ has the authority to-- (1) Set and change the date, time, and place of the hearing upon reasonable notice to the parties; ...


ALJ shall schedule at least one prehearing conference at a reasonable time in advance of the hearing. (c) The ALJ may use prehearing conferences to discuss the following: ...


transcripts, records, and other materials that relate to the allegations set out in the complaint and upon which the findings and conclusions of the...


copying; (2) Requests for admissions of the authenticity of any relevant document or of the truth of any relevant fact; (3) Written interrogatories; and ...


the ALJ, the parties shall exchange witness lists, copies of prior statements of proposed witnesses, and copies of proposed hearing exhibits, including copies of any...


may request that the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at...


by an opposing party or with respect to the hearing, seeking to limit the availability or disclosure of evidence. (b) In issuing a protective order, the ALJ may...


would be payable to a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena when served, except that...


(2) Every pleading and paper filed in the proceeding shall contain a caption setting forth the title of the action, the case number assigned by the ALJ, and a designation of the...


the day following the act, event, or default, [[Page 755]] and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed...


relied upon, and the facts alleged, and shall be filed with the ALJ and served on all other parties. (b) Except for motions made during a prehearing conference or at...


order, rule, or procedure governing the proceeding; (2) Failing to prosecute or defend an action; or (3) Engaging in other misconduct that interferes with the...


liable for a civil penalty or assessment under Sec. 1013.3 of this part, and, if so, the appropriate amount of any such civil penalty or assessment considering any aggravating...


ALJ and the authority head, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions the reasons that...


or transacts business; (2) In any judicial district of the United States in which the claim or statement in issue was made; or (3) In such other place as may...


oath or affirmation. [[Page 757]] (b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any...


bound by the Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence where appropriate, e.g., to exclude unreliable evidence. (c) The ALJ...


a cost not to exceed the actual cost of duplication. (b) The transcript of testimony, exhibits and other evidence admitted at the hearing, and all papers and requests filed...


The ALJ shall fix the time for filing such briefs, not to exceed 60 days from [[Page 758]] the date the parties receive the transcript of the hearing or,...


of law, and the amount of any penalties and assessments imposed. (b) The findings of fact shall include a finding on each of the following issues: (1)...


of the initial decision within 20 days of receipt of the initial decision. If service was made by mail, receipt will be presumed to be five days from the date of mailing...


liable for a civil penalty or assessment may appeal such decision to the authority head by filing a notice of appeal with the authority head in accordance with this section. ...


Attorney General transmits to the authority head a written finding that continuation of the administrative process described in this part with respect to a claim or statement...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1013.41] [Page 759] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1013_PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES--Table of Contents Sec. 1013.41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1013.42] [Page 759] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1013_PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES--Table of Contents Sec. 1013.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties or assessments under this part and specifies the procedures for such review. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1013.43] [Page 759] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1013_PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES--Table of Contents Sec. 1013.43 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31, United States Code, authorizes actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


entered [[Page 760]] under Sec. 1013.42 or Sec. 1013.43 of this part, or any amount agreed upon in a compromise or settlement under Sec. 1013.46 of this part,...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1013.45] [Page 760] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1013_PROGRAM FRAUD CIVIL REMEDIES AND PROCEDURES--Table of Contents Sec. 1013.45 Deposit in Treasury of United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g). ...


the exclusive authority to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the...


this part within 6 years after the date on which such claim or statement is made. (b) If the defendant fails to file a timely answer, service of notice under Sec....


amended, accruing on or after January 18, 1967, for money damages against the United States for injury to, or loss of, property or personal injury or death caused by the negligent...


been presented when DOE receives, at a place designated in paragraph (b) of this section, an executed Standard Form 95 or other written notification of an incident, accompanied...


interest that is the subject of the claim or the owner's duly authorized agent or legal representative. (b) A claim for personal injury may be presented by the...


be required to submit the following evidence or information: (1) An authenticated death certificate or other competent evidence showing the cause of death, the date...


for Legal Services, the Assistant General Counsel for Legal Counsel, and any employees of the Department designated by the General Counsel to receive and act on tort claims...


prior written approval of the Attorney General or his or her designee. For the purposes of this paragraph, a principal claim and any derivative or subrogated claim shall...


referral or request shall be transmitted to the Department of Justice by the General Counsel or designee. (b) When a designee of the General Counsel is processing a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1014.8] [Page 763] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1014_ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT--Table of Contents Sec. 1014.8 Investigation and examination. The DOE may investigate, or may request any other Federal agency to investigate, a claim and may conduct, or request another Federal agency to conduct, a physical examination of a claimant and provide a report of the physical examination. ...


attorney or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include...


Form 1145, (2) a claims settlement agreement, or (3) a [[Page 764]] Standard Form 95, as appropriate consistent with applicable rules of the Department...


be liable to a fine of not more than $10,000 or to imprisonment for not more than 5 years, or both (18 U.S.C. 1001), and, in addtion, to a forfeiture of $2,000 and a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1015.100] [Page 765] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1015_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents Subpart A_General Sec. 1015.100 Scope. This subpart describes the scope of the standards set forth in this part. This subpart corresponds to 31 CFR part 900 in the Department of the Treasury (Treasury) Federal Claims Collection Standards. ...


of the United States issued regulations in 31 CFR parts 900-904, under the authority contained in 31 U.S.C. 3711(d)(2). Those regulations prescribe standards for...


this part, the terms ``claim'' and ``debt'' are synonymous and interchangeable. They refer to an amount of money, funds, or property that has been determined by an agency...


and financial assistance instrument claims excluded. (a) The standards in this part relating to compromise, suspension, and termination of collection activity...


Nothing in this part precludes DOE from disposing of any claim under statutes and implementing regulations other than subchapter II of chapter 37 of Title 31 of the United States...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1015.105] [Page 766] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1015_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents Subpart A_General Sec. 1015.105 Form of payment. Claims may be paid in the form of money or, when a contractual basis exists, the Government may demand the return of specific property or the performance of specific services. [[Page 767]] ...


monetary ceiling established by 31 U.S.C. 3711(a)(2). A debtor's liability arising from a particular transaction or contract shall be considered a single debt in...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1015.107] [Page 767] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1015_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents Subpart A_General Sec. 1015.107 Required administrative proceedings. DOE is not required to omit, foreclose, or duplicate administrative proceedings required by contract or other laws or regulations. ...


or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, its officers, or any other person, nor shall...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1015.200] [Page 767] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1015_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents Subpart B_Standards for the Administrative Collection of Claims Sec. 1015.200 Scope. The subpart sets forth the standards for administrative collection of claims under this part. This subpart corresponds to 31 CFR part 901 of the Treasury Federal Claims Collection Standards. ...


DOE Headquarters Elements and Field Elements or their designees must promptly notify the appropriate DOE finance office of claims arising from their operations. A claim will be...


paragraph (b) of this section will be made promptly upon a debtor of the United States in terms that inform the debtor of the consequences of failing to cooperate with DOE...


The term ``administrative offset'' has the meaning provided in 31 U.S.C. 3701(a)(1). (2) This section does not apply to: (i) Debts arising under the Social Security...


to consumer reporting agencies in accordance with 31 U.S.C. 3711(e), the DCIA, the revised Federal Claims Collection Standards (31 CFR parts 900-904) published November 22,...


determinations as to the collection and compromise of claims; the collection of interest, penalties, and administrative costs; and the likelihood of collecting...


locate and recover unclaimed assets. (a) DOE may contract with private collection contractors in accordance with 31 U.S.C. 3718(d), the DCIA, the revised...


licenses, permits, or privileges. (a) Unless waived by the Secretary of DOE or his designee, DOE may not extend financial assistance in the form of a loan,...


wage garnishment to collect money from a debtor's disposable pay to satisfy delinquent debt in accordance with section 31001(o) of the DCIA, codified at 31 U.S.C....


Service (IRS) to offset a tax refund to satisfy delinquent debt in accordance with 31 U.S.C. 3720A, Reduction of Tax Refund by Amount of Debt. Treasury has...


or collateral through the exercise of a power of sale in the security instrument or a nonjudicial foreclosure, and apply the proceeds to the applicable debt(s), if the debtor...


shall collect the total amount of a debt in one lump sum. If a debtor is financially unable to pay a debt in one lump sum, DOE may accept payment in regular installments. DOE...


(a) Except as provided in paragraphs (g), (h), and (i) of this section, DOE shall charge interest, penalties and administrative costs on debts owed to the United States pursuant to...


costs incurred and amounts collected. Data on costs and corresponding recovery rates for debts of different types and in various dollar ranges will be used to compare...


to locate a debtor in order to collect or compromise a debt under Sec. Sec. 1015.100-105 of this part or other authority, DOE may send a request to Treasury to obtain...


offset a Federal salary to satisfy delinquent debt in accordance with 5 U.S.C. 5514, Installment Deduction for Indebtedness to the United States; 5 CFR 550.1101 through...


to the extent they reflect remedies or procedures prescribed by the Debt Collection Act of 1982 and the DCIA, such as administrative offset, use of credit bureaus,...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1015.300] [Page 776] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1015_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents Subpart C_Standards for the Compromise of Claims Sec. 1015.300 Scope. This subpart sets forth the standards for the compromise of claims under this part. This subpart corresponds to 31 CFR part 902 of the Treasury Federal Claims Collection Standards. ...


apply to the compromise of debts pursuant to 31 U.S.C. 3711. DOE's Chief Financial Officer or designee or Heads of Field Elements or designees in field locations may...


Government cannot collect the full amount because: (1) The debtor is unable to pay the full amount in a reasonable time, as verified through credit reports or other...


penalties, forfeitures, or claims established as an aid to enforcement and to compel compliance, if DOE's enforcement policy in terms of deterrence and...


jointly and severally liable, DOE will pursue collection activity against all debtors, as appropriate. DOE will not attempt to allocate the burden of payment between the...


to accept a firm, written, substantive compromise offer on a debt that is within DOE's delegated compromise authority, it may refer the offer to the Civil Division or...


negotiating a compromise, DOE will consider the tax consequences to the Government. In particular, DOE will consider requiring a waiver of tax-loss-carry-forward...


instances, a compromise that is accepted by DOE will be implemented by means of a mutual release, in which the debtor is released from further non-tax liability on...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1015.400] [Page 778] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1015_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents Subpart D_Standards for Suspending or Terminating Collection Activity Sec. 1015.400 Scope. The subpart sets forth the standards for terminating collection activity. This subpart corresponds to 31 CFR part 903 of the Treasury Federal Claims Collection Standards. ...


this subpart apply to the suspension or termination of collection activity pursuant to 31 U.S.C. 3711 on debts that do not exceed $100,000, or such other amount as the...


suspend collection activity on a debt when: (1) DOE cannot locate the debtor; (2) The debtor's financial condition is expected to improve; or (3) The debtor has...


collection activity when: (1) DOE is unable to collect any substantial amount through its own efforts or through the efforts of others; (2) DOE is unable to...


is involved, or recovery of a judgment is a prerequisite to the imposition of administrative sanctions, DOE may refer debts for litigation even though termination...


(a) Before discharging a delinquent debt (also referred to as a close out of the debt), DOE shall take all appropriate steps to collect the debt in accordance with 31...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1015.500] [Page 780] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1015_COLLECTION OF CLAIMS OWED THE UNITED STATES--Table of Contents Subpart E_Referrals to the Department of Justice Sec. 1015.500 Scope. This subpart sets forth the standards for referrals to the Department of Justice. This subpart corresponds to 31 CFR part 904 of the Treasury Federal Claims Collection Standards. ...


Cross-Servicing Program. (a) DOE may authorize Treasury to refer a delinquent debt to the DOJ for litigation in accordance with 31 U.S.C. 3711(g), the DCIA,...


through Treasury's cross- servicing program, DOE shall promptly refer to the DOJ for litigation debts on which aggressive collection activity has been taken in accordance with...


the DOJ, DOE shall complete the CCLR (see Sec. 1015.301 of this part), accompanied by a signed Certificate of Indebtedness, to refer all administratively uncollectible claims to...


files and records that may be needed by the DOJ to prove its claims in court. DOE ordinarily will include certified copies of the documents that form the basis for the claim in...


(a) DOE shall not refer for litigation claims of less than $2,500, exclusive of interest, penalties, and administrative costs, or such other amount as the Attorney General shall from...


an access permit. This part does not apply to Top Secret information since no such information may be forwarded to an access permittee within the scope of...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1016.2] [Page 782] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1016_SAFEGUARDING OF RESTRICTED DATA--Table of Contents Sec. 1016.2 Scope. The regulations in this part apply to all persons who may require access to Retricted Data used, processed, stored, reproduced, transmitted, or handled in connection with an access permit. ...


DOE employee, applicant for employment, consultant, assignee, other Federal department or agency employee (and other persons who may be designated by the Secretary of Energy), or...


Programs (DP-1), U.S. Department of Energy, Washington, D.C. 20545. All other communications concerning the regulations in this part should be addressed to U.S. Department...


the DOE a written statement of his procedures for the safeguarding of Restricted Data and for the security education of his employees, and DOE shall have determined and informed...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1016.6] [Page 784] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1016_SAFEGUARDING OF RESTRICTED DATA--Table of Contents Sec. 1016.6 Specific waivers. DOE may, upon application of any interested party, grant such waivers from the requirements of this part as it determines are authorized by law and will not constitute an undue risk to the common defense and security. ...


this part by any officer or employee of DOE other than a written interpretation by the General Counsel will be recognized to be binding upon DOE. ...


or handle Restricted Data at any location in connection with its permit shall promptly request a DOE security facility approval. (b) The request...


initial [[Page 785]] security survey of the permittee's facility to determine that granting a security facility approval would be consistent with the...


be furnished the permittee in writing, or orally with written confirmation. This information may also be furnished to representatives of the DOE, DOE contractors, or...


Operations Office will be notified by the requester immediately by telephone and confirmed in writing so that processing of this approval may...


reproduce, transmit, or handle Restricted Data at the facility; or (b) The DOE makes a determination that continued security facility approval is not in the...


and material when not in use in accordance with one of the following methods: (1) In a locked vault, safe, or safe-type steel file cabinet having a...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1016.22] [Page 785] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1016_SAFEGUARDING OF RESTRICTED DATA--Table of Contents Sec. 1016.22 Protection while in use. While in use, documents and material containing Restricted Data shall be under the direct control of an appropriately cleared individual, and the Restricted Data shall be capable of being removed from sight immediately. ...


Data in accordance with the provisions of Sec. Sec. 1016.21 and 1016.22, a security area to protect such documents and material shall be established. ...


the place where the material is located and when the material is not readily removable because of size, weight, radioactivity, or similar factors, DOE may authorize the permittee...


or ``L'' security clearance or access authorization or ``Q(X)'' or ``L(X)'' access authorization if the Restricted Data being protected is classified Confidential, or a...


have access to Secret or Confidential Restricted Data in his possession unless the individual has an appropriate security clearance or access authorization granted by DOE, or...


appropriately marked. CG-UF-3, ``Guide to the Unclassified Fields of Research,'' will be furnished each permittee. In the event a permittee originates classified information...


to persons who possess appropriate clearance or access authorization and are otherwise eligible for access under the requirements of Sec. 1016.31. (2) In...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1016.34] [Page 788] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1016_SAFEGUARDING OF RESTRICTED DATA--Table of Contents Sec. 1016.34 Accountability for Secret Restricted Data. Each permittee possessing documents containing Secret Restricted Data shall establish a document accountability procedure and shall maintain records to show the disposition of all such documents which have been in his custody at any time. ...


or high authority. Confidential Restricted Data may be reproduced to the minimum extent necessary consistent with efficient operation without the necessity...


for downgrading or declassification shall be submitted to the DOE Operations Office administering the permit; or U.S. DOE, Washington, DC 20545, Attention: Office...


another method that assures complete destruction of the information which they contain. If the document contains Secret Restricted Data, a permanent record of the subject,...


this part is suspended or revoked in accordance with the procedures set forth in 10 CFR part 710, such individual shall, upon due notice from DOE of such suspension or revocation...


matter no longer exists, the security facility approval will be terminated. The permittee may deliver all Restricted Data to the DOE or to a person authorized to...


each individual who possesses an access authorization under his Permit or whose duties are changed so that access to Restricted Data is no longer needed. Upon such...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1016.41] [Page 789] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1016_SAFEGUARDING OF RESTRICTED DATA--Table of Contents Sec. 1016.41 Continued applicability of the regulations in this part. The expiration, suspension, revocation, or other termination of a security clearance or access authorization or security facility approval shall not relieve any person from compliance with the regulations in this part. ...


Act of 1954, as amended, Espionage Act, or other Federal statutes related to Restricted Data. Additionally, the permittee shall report any infractions, losses,...


regulations in this part as DOE deems necessary to effectuate the purposes of the Act, E.O. 12356, and DOE orders and...


issued thereunder. Any person who willfully violates, attempts to violate, or conspires to violate any provision of the Act or any regulation or order issued...


148 (42 U.S.C. 2168) of the Atomic Energy Act which prohibits the unauthorized dissemination of certain unclassified government information. This information,...


(b) Any person not authorized access to UCNI who acquires, attempts to acquire, or conspires to acquire, in violation of these regulations, Government information in any document...


of 1954, as amended (42 U.S.C. 2011 et seq.). (b) Atomic Energy Defense Programs means activities, equipment, and facilities of the DOE or other Government agencies utilized...


possible. These regulations shall be interpreted and implemented so as to apply the minimum restrictions needed to protect the health and safety of the public or the common...


violations of law, inefficiency, or administrative error; (b) Prevent embarrassment to a person or organization; (c) Restrain competition; or (d) Prevent...


is not government information; (2) Information that concerns activities, facilities, or equipment outside the scope of atomic energy defense programs; (3)...


A Controlling Official having cognizance over certain government information is authorized to make a determination that the government information is or is not UCNI....


control as UCNI, it must be within the scope of at least one of the following categories and it must meet each of the other criteria in Sec. 1017.7(b). (a)...


as UCNI, the Controlling Official shall make a determination that the unauthorized dissemination of the government information under review could reasonably...


nuclear material, byproduct material, or source material as defined by the Atomic Energy Act is included within the scope of the term ``nuclear material'' if-- (1)...


quarterly basis, to be made available upon request to any interested person, detailing the application during the previous quarter of each regulation or order prescribed or issued...


over the information contained in a document or material is authorized to-- (1) Make a determination, based on guidelines which reflect decisions of...


which is not marked as containing UCNI but which contains government information within the scope of the categories in Sec. 1017.8 shall be marked with the notice in Sec....


with any other Government agency or DOE organization having cognizance over the information under consideration for control or decontrol prior to making the...


person who originates or has in his or her possession a document or material that the person believes may contain UCNI, may mark in a conspicuous manner the document or...


is an Authorized Individual for documents or material that the Reviewing Official determines to contain UCNI. (2) An Authorized Individual, for UCNI in his or...


UCNI must be protected and controlled in a manner consistent with that customarily accorded other types of unclassified but sensitive information (e.g.,...


or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, is subject to a civil penalty. The Assistant...


that the Department of Energy (DOE) shall use to comply with section 102(2) of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4332(2)) and the Council...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1021.101] [Page 802] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1021_NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES--Table of Contents Subpart A_General Sec. 1021.101 Policy. It is DOE's policy to follow the letter and spirit of NEPA; comply fully with the CEQ Regulations; and apply the NEPA review process early in the planning stages for DOE proposals. ...


of DOE except the Federal Energy Regulatory Commission. (b) This part applies to any DOE action affecting the quality of the environment of the United States,...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1021.103] [Page 802] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1021_NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES--Table of Contents Subpart A_General Sec. 1021.103 Adoption of CEQ NEPA regulations. DOE adopts the regulations for implementing NEPA published by CEQ at 40 CFR parts 1500 through 1508. ...


part 1508 are referenced and used in this part. (b) In addition to the terms defined in 40 CFR part 1508, the following definitions apply to this part: Action means...


Environment, Safety and Health, or his/ her designee, is responsible for overall review of DOE NEPA compliance. Further information on DOE's NEPA process and the status...


timely NEPA review of DOE proposals, including those for programs, policies, projects, regulations, orders, or legislation, in accordance with 40 CFR 1501.2 and this...


shall coordinate its NEPA review with its decisionmaking. Sections 1021.211 through 1021.214 of this part specify how DOE will coordinate its NEPA review with decision points...


While DOE is preparing an EIS that is required under Sec. 1021.300(a) of this part, DOE shall take no action concerning the proposal that is the subject of the...


(a) This section applies to the adoption and application of programs that involve research, development, demonstration, and testing for new technologies (40 CFR 1502.4(c)(3))....


by DOE. (b) DOE shall begin its NEPA review of a proposed rule (if otherwise required by this part) while drafting the proposed regulation, and as soon...


DOE proposed actions that involve DOE adjudicatory proceedings, excluding judicial or administrative civil or criminal enforcement actions. [[Page 806]] ...


involve application to DOE for a permit, license, exemption or allocation, or other similar actions, unless the action is categorically excluded from preparation of an...


(a) This section applies to DOE competitive and limited-source procurements, to awards of financial assistance by a competitive process, and to joint ventures entered into as...


under the procedures in the CEQ Regulations and this part, whether any DOE proposal: (1) Requires preparation of an EIS; [[Page 808]] (2)...


make its NEPA documents available to other Federal agencies, states, local governments, American Indian tribes, interested groups, and the general public, in accordance with 40...


circulate EISs and related RODs in accordance with the requirements of the CEQ Regulations, as supplemented by this subpart. DOE shall include in draft and final EISs a...


an NOI in the Federal Register in accordance with 40 CFR 1501.7 and containing the elements specified in 40 CFR 1508.22 as soon as practicable after a decision is made to...


(a) The public review and comment period on a DOE draft EIS shall be no less than 45 days (40 CFR 1506.10(c)). The public comment period begins when EPA publishes a Notice...


(a) DOE shall prepare a supplemental EIS if there are substantial changes to the proposal or significant new circumstances or information relevant to environmental concerns,...


a proposal covered by an EIS during a 30-day ``waiting period'' following completion of the final EIS, except as provided at 40 CFR 1506.1 and 1506.10(b) and Sec. 1021.211 of...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1021.320] [Page 810] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1021_NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES--Table of Contents Subpart C_Implementing Procedures Sec. 1021.320 Environmental assessments. DOE shall prepare and circulate EAs and related FONSIs in accordance with the requirements of the CEQ Regulations, as supplemented by this subpart. ...


to prepare an EA. As required by 40 CFR 1501.4(b), DOE shall prepare an EA for a proposed DOE action that is described in the classes of actions listed in appendix C to subpart D...


prepare a FONSI only if the related EA supports the finding that the proposed action will not have a significant effect on the human environment. If a required DOE EA does...


(a) When required to support a DOE programmatic decision (40 CFR 1508.18(b)(3)), DOE shall prepare a programmatic EIS or EA (40 CFR 1502.4). DOE may also prepare a programmatic EIS...


each EIS and its associated ROD, DOE shall prepare a Mitigation Action Plan that addresses mitigation commitments expressed in the ROD. The Mitigation Action Plan...


(a) Notwithstanding other sections of this part, DOE shall not disclose classified, confidential, or other information that DOE otherwise would not disclose pursuant to...


(a) In accordance with 40 CFR 1500.4(k) and (o), 1502.25, and 1506.4, DOE shall integrate the NEPA process and coordinate NEPA compliance with other environmental...


another Federal agency or agencies in related decisions subject to NEPA, DOE will comply with the requirements of 40 CFR 1501.5 and 1501.6. As part of this process, DOE...


an action without observing all provisions of this part or the CEQ Regulations, in accordance with 40 CFR 1506.11, in emergency situations that demand immediate action. DOE...


DOE actions that normally: (1) Do not require preparation of either an EIS or an EA (are categorically excluded from preparation of either document) (appendices A and...


DOE actions that normally: (1) Do not require preparation of either an EIS or an EA (are categorically excluded from preparation of either document) (appendices A and...
...


Management (May 24, 1977) directs each Federal agency to issue or amend existing regulations and procedures to ensure that the potential effects of any action it...


and procedures for discharging the Department of Energy's (DOE's) responsibilities under E.O. 11988 and E.O. 11990, including: (1) DOE policy regarding the...


take action to: (a) Incorporate floodplain management goals and wetland protection considerations into its planning, regulatory, and decisionmaking processes, and shall to...


to this part: Action means any DOE activity necessary to carry out its responsibilities for: (1) Acquiring, managing, and disposing of Federal lands...


organizational units of DOE, including the National Nuclear Security Administration, except that it shall not apply to the Federal Energy Regulatory Commission. (b) This...


and wetland environmental review requirements may be directed to the Office of NEPA Policy and Compliance, U.S. Department of Energy, 1000 Independence Avenue,...


(a) Concurrent with its review of a proposed action to determine appropriate NEPA or CERCLA process requirements, DOE shall determine the applicability of...


(a) For a proposed floodplain or wetland action for which an EIS is required, DOE shall use applicable NEPA procedures to provide the opportunity for early public review of...


(a) A floodplain or wetland assessment shall contain the following information: (1) Project Description. This section shall describe the proposed action and...


finds that no practicable alternative to locating or conducting the action in the floodplain or wetland is available, then before taking action DOE shall design or modify its action...


action, DOE shall allow 15 days for public comment following issuance of a notice of proposed floodplain action. After the close of the public comment period and...


DOE may take actions without observing all provisions of this part in emergency situations that demand immediate action. To the extent practicable prior to taking an...


actions taken in a floodplain or wetland, DOE shall verify that the implementation of the selected alternative, particularly with regard to any adopted mitigation measures,...


in a floodplain or wetland is proposed for license, easement, lease, transfer, or disposal to non-Federal public or private parties, DOE shall: (1) Identify those...


It is DOE policy to indicate in any requests for new authorizations or appropriations transmitted to the Office of Management and Budget, if a proposed action is located in...


applicants for any use of real property (e.g., license, easement, lease, transfer, or disposal), permits, certificates, loans, grants, contract awards, allocations, or other...


or more agencies are directly involved in a proposed floodplain or wetland action, in accordance with DOE's NEPA or CERCLA procedures, DOE shall consult with such other agencies...


834]] within the Department of Energy (DOE). The Secretary has delegated to the Board's Chair the appropriate authorities necessary for the Board...


made to: Board of Contract Appeals, U.S. Department of Energy, 950 L'Enfant Plaza, SW., Suite 810, Washington, DC 20024. (2) The Board's mailing address is as follows....


of the CDA, authority delegated under this part, or authority of other laws, rules, or directives. (1) The Board shall hear and decide each case independently,...


otherwise resolve through agreed procedures, appeals from decisions made by agency contracting officers on contractor claims relating to contracts entered into by the DOE...


reassignment of cases, including alternative dispute resolution (ADR) proceedings, to administrative judges, hearing officers, and decision panels; (c) Monitoring...


the highest integrity and consistent with the principles set forth in Sec. 1023.3. (b) Members of the Board and Board attorneys may serve as commissioners,...


case and develop the record upon which the decision will be made. A Presiding Judge has authority to act for the Board in all non-dispositive matters, except as otherwise provided...


to employ ADR in all of the Board's functions when agreed to by the parties. ADR is a core judicial function performed by the Board and its judges. (b) ADR for Docketed...


It is, however, impractical to articulate a rule to fit every circumstance. Accordingly, this part, and the other Board Rules referenced in it, will be interpreted...


10789. Source: 44 FR 64270, Nov. 6, 1979, unless otherwise noted. The rules of the Board of Contract Appeals are intended to govern all appeal...


on or after June 6, 1997, except that Rule 1 (a) and (b) of Sec. 1023.120 shall apply only to appeals filed on or after October 1, 1995. [62 FR 24808, May...


on or after June 6, 1997, except that Rule 1 (a) and (b) of Sec. 1023.120 shall apply only to appeals filed on or after October 1, 1995. [62 FR 24808, May...
...


Title VI, Pub. L. 95-91, 91 Stat. 599; 5 U.S.C. 504. Source: 57 FR 53542, Nov. 12, 1992, unless otherwise noted. ...


Access to Justice Act, 5 U.S.C. 504 (called ``the Act'' in this subpart), provides for the award of attorney fees and other expenses to eligible individuals and entities who...


applies to any covered proceeding pending or commenced before [[Page 845]] the Board on or after August 5, 1985. It also applies to any such proceeding...


applies to appeals from decisions of contracting officers made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) to the Board as provided in section 8 of...


be eligible for an award of attorney fees and other expenses under the Act, the applicant must be a party to the covered proceeding for which it seeks an award. The term ``party''...


prevailing applicant may receive an award for fees and expenses incurred in connection with a proceeding or in a significant and discrete substantive portion of the proceeding,...


(a) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys or expert witnesses even if the services were made available without...


If an applicant is entitled to an award because it prevails over another agency of the United States Government that participates in a proceeding before the Board and takes a...


(a) An application for an award of fees and expenses under the Act shall identify the applicant and the proceeding for which an award is sought. The application shall show...


except a qualified tax-exempt organization or cooperative association, must provide with its application a detailed exhibit showing the net worth of the applicant and...


The application shall be accompanied by full documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project or similar...


(a) An application may be filed whenever the applicant has prevailed in the proceeding, or, with permission of the Board for good cause shown, when the applicant has prevailed...


Any application for an award, or other pleading or document relating to an application, shall be filed and served on all parties to the proceeding in the same manner as other...


days after service of an application, counsel representing the agency against which an award is sought may file an answer to the application. Unless agency counsel requests...


of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the...


to a proceeding other than the applicant and agency counsel may file comments on an application within 30 days after it is served or on an answer within 15 days after it is...


counsel may agree on a proposed settlement of the award before final action on the application, either in connection with a settlement of the underlying proceeding or after...


the determination of an award will be made on the basis of the written record. However, on request of either the applicant or agency counsel, or, on his or her own...


its decision on the application as expeditiously as is practicable after completion of proceedings on the application. Whenever possible, the decision shall be made by the...


seek reconsideration of the decision on the fee application in accordance with 10 CFR 1023.120, Rule 27. [57 FR 53542, Nov. 12, 1992, as amended at 62 FR 24808, May...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1023.328] [Page 849] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1023_CONTRACT APPEALS--Table of Contents Subpart C_Procedures Relating to Awards Under the Equal Access to Justice Act Sec. 1023.328 Judicial review. Judicial review of a final Board decision on an application for an award may be sought as provided in 5 U.S.C. 504(c)(2). ...


payment of an award shall submit to agency counsel a copy of the Board's final decision granting the award, accompanied by a certification that the applicant will not seek...


by financial assistance officers or contracting officers. The objective is to provide a timely, just, and inexpensive resolution of disputes involving grants,...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1024.2] [Page 849] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1024_PROCEDURES FOR FINANCIAL ASSISTANCE APPEALS--Table of Contents Sec. 1024.2 Authority. The authority of the Board derives from direct delegation of the Secretary to hear and decide finally for the Department appeals from any decision brought before it on disputes arising under financial assistance agreements. ...


have a right to appeal disputes with the Department. Such a right may be set forth in statutes, in Departmental regulations dealing with the type of financial...


with this subpart: Rule 1. Filing of an appeal; acknowledgment. 2. Selection of an appeal method. ...


procedures for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646, 84 Stat. 1894, 42 U.S.C. 4601), as amended...


Title VI of the Civil Rights Act of 1964, Pub. L. 88-352; section 16 of the Federal Energy Administration Act of 1974, as amended, Pub. L. 93-275; section 401 of the...


any program or activity for which Federal financial assistance is authorized under laws administered by DOE. Types of Federal financial assistance to which this part applies...


any school, academy, college, university, institute, or other association, organization, or agency conducting or administering any aid, benefit, service, project,...


An applicant for Federal financial assistance to which this part applies shall submit an assurance on a form specified by the Director that the program or activity will...


responsible employee. Each recipient shall designate at least one employee to coordinate its efforts to carry outs its responsibilities under this part. The recipient...


and continuing steps to notify participants, beneficiaries, applicants and employees, including those with impaired vision or hearing, and unions or professional...


(a) Remedial action. If the Director finds that a recipient has discriminated against persons on the basis of race, color, national origin, sex, handicap, or age in any program...


in the past, certain protected groups may be underrepresented in some occupations or professions. A recipient's obligation to comply with this part is not alleviated by...


401 of the Energy Reorganization Act of 1974 Sec. 1040.11 Purpose and application. (a) The purpose of this subpart is to implement...


401 of the Energy Reorganization Act of 1974 Sec. 1040.12 Definitions. (a) Covered employment means employment practices covered by...


Section 401 of the Energy Reorganization Act of 1974 Sec. 1040.13 Discrimination prohibited. (a) General. No person in the United States shall...


401 of the Energy Reorganization Act of 1974 Sec. 1040.14 Covered employment. (a) Employment practices. (1) Whenever a primary objective of...


1040.61 Purpose and application. General Provisions (a) The purpose of this subpart is to implement sec. 504 of...


1040.62 Definitions. (a) Executive Order means Executive Order 11914, titled ``Nondiscrimination With Respect to the Handicapped in Federally...


1040.63 Discrimination prohibited. (a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied...


1040.64 Effect of State or local law or other requirements and effect of employment opportunities. (a) The obligation to comply with this subpart is not obviated...


1040.65 Procedures. The procedural provisions applicable to Title VI of the Civil Rights Act of 1964 are adopted and incorporated in this section by...


1040.66 Discrimination prohibited. (a) General. (1) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination...


1040.67 Reasonable accommodation. (a) A recipient shall make reasonable accommodation to the known physical or mental limitations of an otherwise...


1040.68 Employment criteria. (a) A recipient may not use any employment test or other selection criterion that screens out or tends to screen out handicapped...


1040.69 Preemployment inquiries. (a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a...


1040.71 Discrimination prohibited. No handicapped person shall, because a recipient's facilities are inaccessible to or unuseable by handicapped persons, be...


1040.72 Existing facilities. (a) Accessibility. A recipient shall operate any program or activity to which this subpart applies so that when each part is...


1040.73 New construction. (a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient is to...


1040.74 Accessibility in historic properties. (a) Methods to accomplish accessibility. Recipients shall operate each program or activity involving...


1040.81 Purpose. Authority: Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); 45 CFR part 90. Source: 50 FR 8089, Feb. 27, 1985,...


1040.82 Application. (a) These regulations apply to each program or activity which receives Federal financial assistance provided by DOE. (b) These regulations do...


1040.83 Definitions. (a) Act means the Age Discrimination Act of 1975 as amended title III of Pub. L. 94-135, 42 U.S.C. 6101 et seq. (b) Action means any...


1040.84 Rules against age discrimination. The rules stated in this section are limited by the exceptions contained in Sec. 1040.86 and of these regulations. ...


1040.85 Definitions of ``Normal Operation'' and ``Statutory Objective''. For purpose of Sec. Sec. 1040.86 and 1040.87, the terms normal operation and statutory...


1040.86 Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity. A recipient is permitted to take an...


1040.87 Exceptions to the rules against age discrimination. Reasonable factors other than age. A recipient is permitted to take an action otherwise prohibited by Sec....


1040.88 Remedial and affirmative action by recipients. (a) Where a recipient is found to have discriminated on the basis of age, the recipient shall take such remedial...


1040.89 Burden of proof. The burden of proving that an age distinction or other action falls within the exceptions outlined in Sec. Sec. 1040.86 and 1040.87 is on...


1040.89-1 General responsibilities. Each DOE recipient has primary responsibility to ensure that its programs or activities are in compliance with the Act and...


1040.89-2 Notice to subrecipients. Where a recipient awards Federal financial assistance from DOE to its subrecipients, the recipient shall provide the...


1040.89-3 Information requirements. Each recipient shall: (a) Upon request make available to DOE information necessary to determine whether the recipient is...


1040.89-4 Compliance reviews. (a) DOE may conduct preaward and postaward compliance reviews of recipients as prescribed in this part or use other similar...


1040.89-5 Complaints. (a) Any person, individually or as a member of a class or on behalf of others, may file a written complaint with DOE alleging...


1040.89-6 Mediation. (a) Referral of complaints for mediation. DOE will refer to the Federal Mediation and Conciliation Service, in accordance with 45...


1040.89-7 Investigation. (a) Informal Investigation. (1) The Director, Office of Civil Rights and Diversity, will review complaints that are unresolved after...


1040.89-8 Prohibition against intimidation or retaliation. A recipient may not engage in acts of intimidation or retaliation against any person who: (a) Attempts...


1040.89-9 Compliance procedure. (a) DOE may enforce the Act and these regulations through procedures precribed in subpart H of DOE regulation 10 CFR...


1040.89-10 Hearings, decisions, post-termination proceedings. DOE procedural provisions applicable to title VI of the Civil Rights Act of 1964 apply to DOE enforcement...


1040.89-11 Remedial action by recipients. Where the Director, Office of Civil Rights and Diversity, finds a recipient has discriminated on the basis of age, the...


1040.89-12 Alternate funds disbursal procedure. (a) When DOE withholds funds from a recipient under these regulations, the Secretary or designee may disburse...


1040.89-13 Exhaustion of administrative remedies. (a) A complainant may file a civil action following the exhaustion of administrative remedies under the...


conduct compliance reviews of selected recipients of DOE Federal financial assistance. (b) The Director shall seek to review those recipients which have the...


Each responsible Departmental official shall, to the fullest extent practicable, seek the cooperation of recipients in obtaining compliance with this part and shall...


shall investigate complaints of discrimination that allege a violation of-- (1) Title VI of the Civil Rights Act of 1964, Sec. 16 of the Federal Energy Administration...


If there appears to be a failure or threatened failure to comply with any of the provisions of this part, and if the noncompliance or...


or refuses to furnish an assurance required under Sec. 1040.4 of subpart A of this part, or otherwise fails or refuses to comply with a requirement imposed by this part, such...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1040.113] [Page 882] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1040_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES--Table of Contents Subpart H_Enforcement Sec. 1040.113 Deferral. DOE may defer action on pending applications for assistance in such a case during pendency of administrative proceedings under Sec. 1040.114 of this subpart. ...


assistance. No order suspending, terminating, or refusing to grant or continue Federal financial assistance is to become effective until: (a)...


by any other means authorized by law is to be taken until-- (a) The Director has determined that compliance cannot be secured by voluntary means; (b)...


opportunity for hearing is required by Sec. 1040.113, the Director, OEO, or his/her designee shall serve on the applicant or recipient, by registered, certified mail, or...


recipient requests a hearing or review in accordance with Sec. 1040.121(a)(1) or (b), the DOE General Counsel or his/her designee shall submit such request along with...


same or related facts are asserted to constitute noncompliance with this part with respect to two or more programs to which this part applies or noncompliance with this part...


The FERC has authority under section 402(b) of the DOE Organization Act, Pub. L. 95-91, to promulgate regulations regarding the conduct of hearings to deny or...


part to withhold or terminate Federal financial assistance are subject to judicial review under the following laws: (a) Title VI--Section 603 of the Civil Rights Act...


1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1041.102] [Page 886] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1041_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN Sec. 1041.102 Application. This part applies to all programs or activities conducted by the agency. ...


Division, United States Department of Justice. [[Page 887]] Auxiliary aids means services or devices that enable persons with impaired sensory, manual,...


do not or may not meet the requirements of this part, and, to the extent modification of any such policies and practices is required, the agency shall proceed to make...


information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in...


participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity conducted by the agency. (b)(1) The agency,...


program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established...


because the agency's facilities are inaccessible to or unusable by handicapped persons, be denied the benefits of, be excluded from participation in, or otherwise...


activity, when viewed in its entirety, is readily accessible to and usable by handicapped persons. This paragraph does not-- (1) Necessarily require the agency to...


behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The definitions,...


of other Federal entities, and members of the public. (1) The agency shall furnish appropriate auxiliary aids where necessary to afford a handicapped person an...


discrimination on the basis of handicap in programs or activities conducted by the agency. (b) The agency shall process complaints alleging violations of section 504 with...


effective date. The purpose of these Title IX regulations is to effectuate Title IX of the Education Amendments of 1972, as [[Page...


As used in these Title IX regulations, the term: Administratively separate unit means a school, department, or college of an educational institution (other than...


affirmative action and self-evaluation. (a) Remedial action. If the designated agency official finds that a recipient has discriminated against persons on the basis of...


(a) General. Either at the application stage or the award stage, the Department of Energy must ensure that applications for Federal financial assistance or awards...


property. If a recipient sells or otherwise transfers property financed in whole or in part with Federal financial assistance to a transferee that operates any...


other requirements. (a) Effect of other Federal provisions. The obligations imposed by these Title IX regulations are independent of, and do not alter, obligations not...


opportunities. The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any occupation...


responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient shall designate at least one employee to coordinate...


policy. (a) Notification of policy. (1) Each recipient shall implement specific and continuing steps to notify applicants for admission and employment, students...


Except as provided in Sec. Sec. 1042.205 through 1042.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated...


and other entities controlled by religious organizations. (a) Exemption. These Title IX regulations do not apply to any operation of an educational institution...


marine educational institutions. These Title IX regulations do not apply to an educational institution whose primary purpose is the training of individuals for...


of certain organizations. (a) Social fraternities and sororities. These Title IX regulations do not apply to the membership practices of social fraternities...


(a) Admissions to educational institutions prior to June 24, 1973, are not covered by these Title IX regulations. (b) Administratively separate units. For the...


eligible to submit transition plans. (a) Application. This section applies to each educational institution to which Sec. Sec. 1042.300 through 1042.310...


(a) Submission of plans. An institution to which Sec. 1042.225 applies and that is composed of more than one administratively separate unit may submit either...


(a) This section, which applies to all provisions of these Title IX regulations, addresses statutory amendments to Title IX. (b) These Title IX...


Recruitment Prohibited Sec. 1042.300 Admission. (a) General. No person shall, on the basis of sex, be denied admission, or be subjected...


Recruitment Prohibited Sec. 1042.305 Preference in admission. A recipient to which Sec. Sec. 1042.300 through 1042.310 apply shall not give preference...


Recruitment Prohibited Sec. 1042.310 Recruitment. (a) Nondiscriminatory recruitment. A recipient to which Sec. Sec. 1042.300 through 1042.310 apply...


Activities Prohibited Sec. 1042.400 Education programs or activities. (a) General. Except as provided elsewhere in these Title...


Activities Prohibited Sec. 1042.405 Housing. (a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations,...


Activities Prohibited Sec. 1042.410 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities on the basis...


Activities Prohibited Sec. 1042.415 Access to course offerings. (a) A recipient shall not provide any course or otherwise carry out any of...


Activities Prohibited Sec. 1042.420 Access to schools operated by LEAs. A recipient that is a local educational agency shall not, on the basis of...


Activities Prohibited Sec. 1042.425 Counseling and use of appraisal and counseling materials. (a) Counseling. A recipient shall not discriminate...


Activities Prohibited Sec. 1042.430 Financial assistance. (a) General. Except as provided in paragraphs (b) and (c) of this section, in...


Activities Prohibited Sec. 1042.435 Employment assistance to students. (a) Assistance by recipient in making available outside employment. A...


Activities Prohibited Sec. 1042.440 Health and insurance benefits and services. Subject to Sec. 1042.235(d), in providing a medical,...


Activities Prohibited Sec. 1042.445 Marital or parental status. (a) Status generally. A recipient shall not apply any rule concerning a...


Activities Prohibited Sec. 1042.450 Athletics. (a) General. No person shall, on the basis of sex, be excluded from participation in, be denied...


Activities Prohibited Sec. 1042.455 Textbooks and curricular material. Nothing in these Title IX regulations shall be interpreted as requiring...


Programs or Activities Prohibited Sec. 1042.500 Employment. (a) General. (1) No person shall, on the basis of sex, be excluded from participation...


Programs or Activities Prohibited Sec. 1042.505 Employment criteria. A recipient shall not administer or operate any test or other criterion for...


Programs or Activities Prohibited Sec. 1042.510 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on...


Programs or Activities Prohibited Sec. 1042.515 Compensation. A recipient shall not make or enforce any policy or practice that, on the basis of sex: ...


Programs or Activities Prohibited Sec. 1042.520 Job classification and structure. A recipient shall not: (a) Classify a job as being for males or...


Programs or Activities Prohibited Sec. 1042.525 Fringe benefits. (a) ``Fringe benefits'' defined. For purposes of these Title IX regulations,...


Programs or Activities Prohibited Sec. 1042.530 Marital or parental status. (a) General. A recipient shall not apply any policy or take any...


Programs or Activities Prohibited Sec. 1042.535 Effect of state or local law or other requirements. (a) Prohibitory requirements. The obligation to comply...


Programs or Activities Prohibited Sec. 1042.540 Advertising. A recipient shall not in any advertising related to employment indicate...


Programs or Activities Prohibited Sec. 1042.545 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to...


Programs or Activities Prohibited Sec. 1042.550 Sex as a bona fide occupational qualification. A recipient may take action otherwise prohibited by Sec. Sec....


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1042.600] [Page 908] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1042_NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents Subpart F_Other Provisions Sec. 1042.600 Covered programs. The financial assistance programs to which this part applies are listed in Appendix A to 10 CFR part 1040. ...


The investigative, compliance, and enforcement procedural provisions of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) are hereby adopted...


(a) Purpose. This part prescribes the security requirements for making protected disclosures of classified or unclassified controlled nuclear information under the...


The requirements apply to you if you are: (a) An employee of DOE, including the National Nuclear Security Administration, or one of its contractors; (b)...


definitions apply to this subpart: Atomic Energy Act means the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq. Classified information means: ...


is: (a) A disclosure of classified or unclassified controlled nuclear information that you reasonably believe provides direct and specific evidence of-- ...


If a DOE or DOE contractor employee follows the procedures of this part when making a disclosure of classified or unclassified controlled...


The following persons or organizations may receive a protected disclosure: (a) A member of a committee of Congress having primary responsibility for oversight of the...


receive a protected disclosure? You must contact the Department of Energy Inspector General for help in determining whether a particular person is authorized to receive...


before you give them to someone? Yes, you must submit each document with a classification or control marking and any unmarked document generated in a classified...


controlled nuclear information orally rather than by providing copies of documents? You must describe in detail to the Inspector General...


Inspector General and the Office of Nuclear and National Security Information must protect, consistent with legal requirements, your identity and any information about...


disclose? To protect classified information and unclassified controlled nuclear information you plan to disclose, you must: (a) Only disclose the information...


discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure? If you believe you have been discriminated against as...


scope. This subpart establishes responsibilities associated with this part, describes the Openness Advisory Panel, defines key terms, describes sanctions related...


This subpart applies to-- (a) Any person with authorized access to RD or FRD; (b) Any agency with access to RD or FRD; and (c) Any person who...


As used in this part: Agency means any ``Executive Agency'' as defined in 5 U.S.C. 105; any ``Military Department'' as defined in 5 U.S.C. 102; and any...


(a) The DOE Director of Declassification shall: (1) Manage the Government-wide system for the classification and declassification of RD and FRD...


(a) Knowing, willful, or negligent action contrary to the requirements of this part which results in the misclassification of information may result in...


Panel. The DOE shall maintain an Openness Advisory Panel, in accordance with the Federal Advisory Committee Act, to provide the Secretary with independent...


complaints. (a) Any person who has suggestions or complaints regarding the Department's classification and declassification policies and procedures may direct them...


(a) Exemptions to the procedural provisions of this part may be granted by the DOE Director of Declassification. (b) A request for an exemption shall...


evaluation. (a) Heads of agencies shall ensure that RD management officials and those RD classifiers whose duties involve the classification...


(a) This subpart implements sections 141 and 142 (42 U.S.C. 2161 and 2162) of the Atomic Energy Act, which provide for Government-wide policies and...


This subpart applies to-- (a) Any person with authorized access to RD or FRD; (b) Any agency with access to RD or FRD; and (c) Any person who might...


(a) The DOE Director of Declassification may determine whether nuclear-related information is RD. (b) Except as provided in paragraph (c) of this section, the...


In no case shall information be classified RD or FRD in order to: (a) Conceal violations of law, inefficiency, or administrative error; (b)...


and declassification of restricted data and formerly restricted data information. (a) Classification of Restricted Data. (1) Submission of Potential RD...


declassification presumptions. (a) The DOE Directors of Declassification and Security Affairs shall consider the presumptions listed in paragraphs (d) and (e) of...


of restricted data and formerly restricted data information. (a) The DOE Director of Declassification shall classify information as RD and the DOE Director...


(a) Restricted Data. The DOE Director of Declassification shall assign one of the following classification levels to RD information to reflect the sensitivity...


in a previously declassified subject area. (a) The DOE Director of Declassification may evaluate newly generated specific information in a...


classification and declassification determinations. (a) Whenever a classification or declassification determination concerning RD or FRD information is made, the...


declassification proposals. The DOE Director of Security Affairs shall consider proposals from the public or agencies or contractors for declassification of RD and...


data. (a) DOE may classify RD which is privately generated by persons not pursuant to Government contracts, in accordance with the Atomic Energy Act. ...


(a) Authorized holders of RD and FRD shall not confirm or expand upon the classification status or technical accuracy of classified information in the...


scope. This subpart specifies Government-wide classification program implementation requirements for agencies with access to RD and FRD, describes authorities...


This subpart applies to-- (a) Any person with authorized access to RD or FRD; (b) Any agency with access to RD or FRD; and (c) Any person generating...


(a) Classification of RD and FRD documents. (1) To the maximum extent practical, all RD and FRD documents shall be classified based on joint DOE-Agency...


restricted data management official. (a) Each agency with access to RD or FRD shall appoint an official to be responsible for the implementation of this part and...


restricted data classifiers. (a) Except within the DoD, RD management officials shall ensure that persons who derivatively classify RD or FRD documents are...


(a) RD management officials shall ensure that persons with access to RD and FRD information are trained on the authorities required to classify and...


agencies with access to restricted data and formerly restricted data. (a) The DOE and each agency with access to RD and FRD shall consult periodically to...


(a) The classification and declassification determinations made by the DOE Directors of Declassification and Security Affairs under the...


prohibition. (a) Documents containing RD and FRD remain classified until a positive action by an authorized person is taken to declassify them. (b)...


and declassification determinations. (a) Any authorized holder of an RD or FRD document who, in good faith, believes that the RD or FRD document has...


(a) RD classifiers shall ensure that each RD and FRD document is clearly marked to convey to the holder that it contains RD or FRD information, the level...


classified addendums. (a) In order to maximize the amount of information available to the public and to simplify document handling procedures, document originators...


Freedom of Information Act reviews for declassification of restricted data and formerly restricted data documents. (a) General. (1) Agencies with documents containing...


for declassification. (a) The Secretary shall ensure that RD documents, and the DoD shall ensure that FRD documents, are periodically and systematically...


prior to public release. Any person with authorized access to RD or FRD who generates a document intended for public release in an RD or FRD subject area...


unmarked documents with potential restricted data or formerly restricted data. (a) Individuals reviewing NSI records of permanent historical value under the automatic...


association or compilation. (a) If two pieces of unclassified information reveal classified information when associated, then RD classifiers may classify...


Purpose and scope. This subpart describes the procedures to be used by the public in questioning or appealing DOE decisions regarding the classification of NSI under...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1045.51] [Page 924] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1045_NUCLEAR CLASSIFICATION AND DECLASSIFICATION--Table of Contents Subpart D_Executive Order 12958: ``Classified National Security Information'' Requirements Affecting the Public Sec. 1045.51 Applicability. This subpart applies to any person with authorized access to DOE NSI or who desires access to DOE documents containing NSI. ...


Mandatory declassification review requests. All DOE information classified as NSI is subject to review for declassification by the DOE if: (a) The request for a...


Appeal of denial of mandatory declassification review requests. (a) If the Department has reviewed the information within the past 2 years, the request may not be processed....


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1046.1] [Page 925] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1046_PHYSICAL PROTECTION OF SECURITY INTERESTS--Table of Contents Subpart A_General Sec. 1046.1 Purpose. The purpose of this part is to set forth Department of Energy, hereinafter ``DOE,'' security policies and procedures regarding the physical protection of security interests. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1046.2] [Page 925] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1046_PHYSICAL PROTECTION OF SECURITY INTERESTS--Table of Contents Subpart A_General Sec. 1046.2 Scope. This part applies to DOE contractor employees at Government-owned facilities, whether or not privately operated. ...


subcontractors at all tiers. Defensive combative personnel. Security police officers other than offensive combative personnel. Designated...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1046.4] [Page 926] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1046_PHYSICAL PROTECTION OF SECURITY INTERESTS--Table of Contents Subpart A_General Sec. 1046.4 Use of number and gender. As used in this part, words in the singular also include the plural and words in the masculine also include the feminine and vice versa, as the use may require. ...


provided in paragraph (b) of this section DOE contractors shall not employ as protective force personnel any individual who fails to meet the applicable medical and physical...


officer, who has not met the applicable physical fitness qualification standard, shall participate in a DOE approved physical fitness training program. Once an...


thirty (30) days preceding participation in a physical fitness training program and the physical fitness qualification standards test, and a determination and...


authorization for the highest level of classified matter to which they potentially have access. Security police officer personnel who have access to Category I or...


shall only employ as protective force personnel individuals who successfully meet the requirements of a formal training program established in accordance with appendix...


shall only employ as protective force personnel individuals who successfully meet the requirements of a formal training program established in accordance with appendix...
...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1047.1] [Page 937] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1047_LIMITED ARREST AUTHORITY AND USE OF FORCE BY PROTECTIVE FORCE OFFICERS--Table of Contents Sec. 1047.1 Purpose. The purpose of this part is to set forth Department of Energy (hereinafter ``DOE'') policy and procedures on the exercise of arrest authority and use of force by protective force personnel. ...


161.k. of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) to protect nuclear weapons, special nuclear material, clasified matter, nuclear facilities, and...


(b) Arrest means any act, including taking, seizing or detaining of a person, that indicates an intention to take a person into custody and that subjects the person...


warrant is limited to the performance of official duties and should be exercised only in the enforcement of: (1) The following laws only if property of the United...


should announce his or her authority (e.g., ``Security Officer'') and that the person is under arrest prior to taking the person into custody. If the circumstances...


arrest as discussed above, the protective force officer may use only that physical force which is reasonable and necessary to apprehend and arrest the offender; to prevent...


to cause death or serious bodily harm. Its use may be justified only under conditions of extreme necessity, when all lesser means have failed or cannot reasonably be employed....


Petroleum Reserve (SPR), its storage or related facilities, and real property subject to the jurisdiction or administration, or in the custody of DOE under part B, title I of...


real property subject to DOE jurisdiction or administration, or in its custody under part B, title I of the EPCA, which have been posted with a notice of the...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1048.3] [Page 940] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1048_TRESPASSING ON STRATEGIC PETROLEUM RESERVE FACILITIES AND OTHER PROPERTY--Table of Contents Sec. 1048.3 Unauthorized entry. Unauthorized entry into or upon an SPR facility or real property subject to this part, without authorization, is prohibited. ...


or causing to be introduced into or upon an SPR facility or real property subject to this part, of a dangerous weapon, explosive or other dangerous material likely...


into or upon real property subject to this part, constitutes a violation of these regulations. Violation of these regulations is a misdemeanor, and a person convicted...


Sec. 1048.5 will be conspicuously posted at all entrances of each facility or parcel of real property subject to the regulations in this part, and at such intervals along...


provisions of State law or of any other Federal law. [56 FR 1910, Jan. 17, 1991. Redesignated at 56 FR 48096, Sept. 24,...


of Energy (DOE) security policies and procedures regarding the exercise of arrest authority and the use of force by DOE employees and DOE contractor and...


the use of force, as authorized by section 661 of the Department of Energy Organization Act, as amended, 42 U.S.C. 7101 et seq., by employees of DOE and employees of DOE's...


Act, as amended, (42 U.S.C. 7270a). (b) Arrest means an act resulting in the restriction of a person's movement, other than a brief consensual detention for...


Officer to arrest without warrant is to be exercised only in the performance of official duties of protecting the SPR and persons within or upon the SPR. (b)...


and before taking a person into custody, the Protective Force Officer should: (1) Announce the Protective Force Officer's authority (e.g., by identifying himself as an...


Force Officer is authorized to make an arrest as provided in the Act, the Protective Force Officer may use only that degree of non-deadly force that is reasonable and...


force is authorized only under exigent circumstances where the Protective Force Officer reasonably believes that such force is necessary to: (1) Protect himself from...


(a) Protective Force Officers shall successfully complete training required by applicable Department of Energy orders prior to receiving authorization to carry...


receive firearms of a type suitable to adequately protect persons and property within or upon the SPR. Firearms and ammunition shall be secured, inventoried, and maintained...


internal Department of Energy guidance. These guidelines do not, and are not intended to, and may not be relied upon to, create any substantive or procedural rights...


Decorations Act (5 U.S.C. 7342), which establishes policies and procedures pertaining to the acceptance, use, and disposition of gifts or decorations from foreign governments....


and civilian and military personnel of other Government agencies regularly detailed to DOE, and to spouses and dependents of such personnel. These regulations apply...


5 U.S.C. 2105 (employees of DOE contractors are specifically excluded); (2) A special Government employee as defined in 18 U.S.C. 202(a), and an expert or consultant who...


(1) Assure that all employees are given access to or a copy of the Act and these regulations; (2) Maintain liaison with the Department of State and prepare Departmental reports...


Constitution of the United States, Article I, section 9, clause 8, provides that ``* * * no Person holding any Office of Profit or Trust under * * * [the United States],...


retain gifts from foreign governments where the gift is tendered or received as a souvenir or mark of courtesy, and is of minimal value. Initial responsibility for determining...


wear a decoration tendered by a foreign government in recognition of active field service in time of combat operations or awarded for other outstanding or unusually...


an employee is advised that a gift of more than minimal value as described in Sec. 1050.202 (b) or (c) is to be tendered to him or her, the employee shall, if time permits, request...


other than gifts of travel or travel expenses, which are covered in paragraph (b) of this section, an employee shall, in addition to depositing a tangible gift (e.g....


(a) The Directorate of Administration shall accept and maintain custody of all tangible gifts and decorations accepted by employees on behalf of the United States...


may be subject to disciplinary action or civil penalty action as set forth in paragraphs (c) and (d) of this section. (b) Suspected violations of the Act or...


than funds from the ``Emergencies in the Diplomatic and Consular Service'' account of the Department of State may be used to purchase any tangible gift of more than minimal...


or other travel expenses from DOE funds to, or on behalf of, a person who is not a Government employee unless such payment is made-- (1) Pursuant to...


part, a DOE employee may not authorize or approve, require another person to authorize or approve, or advocate the authorization or approval of, payment from DOE funds of...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1060.301] [Page 954] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1060_PAYMENT OF TRAVEL EXPENSES OF PERSONS WHO ARE NOT GOVERNMENT EMPLOYEES--Table of Contents Sec. 1060.301 Government employees. Nothing in this part shall be interpreted as being applicable to authorization or approval of payment of travel expenses of Government employees, including DOE employees. ...


[Code of Federal Regulations] [Title 10, Volume 4] [Revised as of January 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR1060.401] [Page 954] TITLE 10--ENERGY CHAPTER X--DEPARTMENT OF ENERGY (GENERAL PROVISIONS) PART 1060_PAYMENT OF TRAVEL EXPENSES OF PERSONS WHO ARE NOT GOVERNMENT EMPLOYEES--Table of Contents Sec. 1060.401 Applicability of internal DOE rules. Payment of travel expenses under Sec. 1060.101(a) (1) through (5) shall be subject to other Department rules relating to authorization of travel. ...


Department or the General Counsel of the Federal Energy Regulatory Commission or their delegates, as appropriate. (b) Designated official means (1) a principal...




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