Title 22--FOREIGN RELATIONS
Chapter II--AGENCY FOR INTERNATIONAL DEVELOPMENT


Subpart A_Definitions and Scope of This Part Sec. 201.01 Definitions. 201.02 Scope and application. 201.03 OMB approval under the Paperwork...


(a) The appropriate implementing documents will indicate whether and the extent to which this part 201 shall apply to the procurement of commodities or commodity-related services or...


(a) OMB has approved the following information collection and recordkeeping requirements established by this part 201 (OMB Control No. 0412-0514, expiring July...


201.10 Purpose. This subpart sets forth requirements for USAID financing applicable to transactions for the procurement of commodities...


201.11 Eligibility of commodities. To qualify for USAID financing, a commodity procurement transaction shall satisfy the following requirements: ...


201.12 Eligibility of incidental services. Incidental services may be financed under the same implementing document which makes funds available for...


201.13 Eligibility of delivery services. (a) General. Delivery of USAID-financed commodities may be financed under the implementing document provided...


201.14 Eligibility of bid and performance bonds and guaranties. The cost of any bid bond or guaranty posted by a successful bidder or of any performance bond...


201.15 U.S. flag vessel shipping requirements. (a) General requirements. Unless USAID determines that privately owned U.S. flag commercial ocean vessels...


prescribes procurement procedures which shall apply to an importer whenever a commodity procurement is to be financed by USAID subject to this...


The importer is responsible for providing the supplier with the following information (either through the invitation for bids, the request for quotations or otherwise): ...


procedures. (a) General requirements. When the importer is the government of the cooperating country or any of its subdivisions, agencies or instrumentalities,...


procedures. (a) General requirements. Procurements under private sector procedures will normally be carried out by importers using negotiated procurement...


(a) Definitions--(1) Progress payments. Progress payments are payments made prior to shipment under a fixed price procurement contract, which are based on actual...


Whenever the importer requires the posting of a bid bond or guaranty or performance bond or guaranty, the type of bond or guaranty (certified check,...


payments. Unless otherwise authorized by USAID, any marine insurance loss payment under a marine insurance policy financed pursuant to this part 201 received by...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR201.30] [Page 780] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 201_RULES AND PROCEDURES APPLICABLE TO COMMODITY TRANSACTIONS FINANCED BY USAID--Table of Contents Subpart D_Responsibilities of Suppliers Sec. 201.30 Purpose. This subpart establishes the responsibilities of suppliers who furnish commodities and/or commodity-related services. ...


(a) Performance of the sales contract. The supplier of commodities shall comply with the terms and conditions of its contract with the importer and any letter of credit or direct...


(a) Performance of the service contract. The supplier of delivery services financed by USAID shall comply with the terms and conditions of its contract to supply delivery...


201.40 Purpose. This subpart sets forth certain provisions of general application to transactions subject to...


201.41 Audit and inspection. The borrower/grantee shall maintain records adequate to document the arrival and disposition in the cooperating country of...


201.42 Reexport of USAID-financed commodities. Unless specifically authorized by USAID, commodities imported into a cooperating country under...


201.43 Diversion clause. USAID may require that charter parties, bills of lading, or other ocean shipping documents covering USAID-financed...


Sec. 201.44 Vesting in USAID of title to commodities. (a) Vesting upon order of USAID USAID may direct that title to USAID-financed commodities in transit...


201.45 Termination or modification of a loan, grant or implementing document. (a) Effect of termination or modification. (1) Except as provided...


201.46 Compensation to supplier if shipment is prohibited. (a) Payment to supplier. USAID shall make appropriate payment to a supplier for the value...


201.47 Use of marine insurance loss proceeds. The borrower/grantee shall pay promptly to USAID a sum equal to the proceeds received by an importer or...


(a) The methods by which USAID will make payment or reimbursement for commodities and commodity related services which have been furnished; (b) The...


subject to this part 201, the following methods of financing may be employed by USAID In each case, the method of financing shall be consistent with provisions in...


commodity-related services. Claims for reimbursement or payment with respect to commodities and commodity- related services shall be supported by the documents listed...


(a) Direct reimbursement. Prescribed documents shall be presented to USAID [[Page 789]] by the borrower/grantee no later than the terminal date specified in...


This subpart prescribes rules relating to prices, discounts, commissions, credits, allowances, and other payments. These rules shall be observed in the procurement...


(a) Class of purchaser means any group of purchasers which is separately identifiable and which is distinguishable from other purchasers on the basis of quantity purchased,...


(a) Responsibilities of borrower/grantee. The borrower/grantee shall: (1) When required by USAID, develop and periodically update, or cooperate with USAID in...


(a) U.S. prevailing market price--U.S. source. The purchase price for a commodity, the source of which is the United States, shall not exceed the market price prevailing in...


(a) Calculation of commodity prices on a common basis. In testing whether the purchase price of a commodity exceeds the price in comparable export sales or in...


and allowances. (a) General. This section sets forth the rules which govern the eligibility of commissions, discounts and certain other payments,...


makes to a supplier, whether or not indicated on the supplier's invoice and whether or not financed by USAID, in connection with an USAID-financed transaction, shall...


rates--(1) Similar shipments. Similar shipments means shipments which are similar with respect to type of commodity, commodity rate classification, quantity, vessel...


(a) The price for an USAID-financed commodity-related service, other than ocean or air transportation, shall not exceed the lower of: (1) The prevailing price, if any,...


USAID will not finance any taxes or fees imposed under the laws in effect in the cooperating country, including customs duties, consular and legalization fees, and...


forth the rights and responsibilities of banks with regard to reimbursement under a letter of commitment opened pursuant to an USAID request. Banks will not be held responsible...


Any letter of credit issued, confirmed or advised under an USAID letter of commitment and any agreement relating to such letter of credit or to instructions for payment issued by...


of documents. The bank shall be responsible for obtaining the documents specified in subpart F and in the letter of commitment when making payment under a letter of...


banks. The following general limitations on the responsibilities of banks issuing, advising, or confirming letters of credit and making payments under letters of credit...


In addition to the documents required for reimbursement, a bank shall retain in its files for a period of at least 3 years and shall make available to USAID promptly upon request...


If USAID directs that the delivery of commodities be terminated, orders that title to commodities be vested in it, or modifies any implementing document concerning the...


sets forth certain USAID rights and remedies against borrower/grantees and suppliers, and prescribes certain general provisions relating to the waiver by USAID of...


If any transaction financed hereunder violates the requirements of this part or any U.S. statute or any rule or regulation of USAID promulgated under any...


Without limiting the responsibility of the borrower/grantee or other parties, USAID may require an appropriate refund to it by a supplier under any transaction...


remedies by USAID. No right reserved to USAID in this subpart to seek a refund from a borrower/grantee, and no exercise of such right, whether or not successful, shall...


requests. USAID will endeavor, but shall not be bound, to make any requests for refunds from a borrower/grantee within three years from the date of the...


decisions. In any transaction subject to this part 201, USAID may reserve certain rights to approve the transaction for USAID-financing. USAID, in reserving any...


USAID may waive, withdraw, or amend at any time any or all of the provisions of this part. [[Page 799]] Appendix A to Part 201--Supplier's Certificate...


of freight charges. 202.3 Freight reimbursement limitations. 202.4 Certificates. 202.5 Approval of programs, projects and services. [[Page...


States voluntary contributions for development, relief, and rehabilitation in nations or areas designated by the Administrator of AID from time to time, agencies may...


for freight charges incurred and paid by such agencies for the shipment of donated or purchased supplies to a recipient country requires the following limitations on...


ocean transportation will execute Form AID 1550-1, entitled ``Voluntary Agency and Carrier Certificate,'' in an original and two copies. (b) Inland transportation and...


agency must obtain AID's written approval of its programs by submitting the following information to the Chief, Public Liaison Division, Office of Private and...


freight charges incurred and paid on shipments eligible under Sec. 202.2 provided: (1) The agency has received AID's written approval of the programs, projects,...


the following documents: (a) Voucher SF 1034. ``Public Voucher for Purchases and Services Other than Personal''--Voucher SF 1034 in original and three copies to...


been financed by AID will promptly refund to AID upon demand the entire amount, or any lesser amount specified, of such freight charges determined by AID to be in excess of...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR202.9] [Page 810] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 202_OVERSEAS SHIPMENTS OF SUPPLIES BY VOLUNTARY NON-PROFIT RELIEF AGENCIES--Table of Contents Sec. 202.9 Waiver authority. The Administrator may waive, withdraw, or amend from time to time any or all of the provisions of this part. ...


private and voluntary organizations. 203.3 Annual requirements. 203.4 Certificates of registration. 203.5 Denial of registration and reconsideration. 203.6...


registered with A.I.D. as a U.S. PVO if A.I.D. finds that the applicant has satisfied all the conditions and documentation requirements of registration listed below. An...


close of the fiscal year, the following documents: An independently audited financial statement; a report of income and expenditures (A.I.D. Form 1550-2), which is relatable...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR203.4] [Page 813] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 203_REGISTRATION OF AGENCIES FOR VOLUNTARY FOREIGN AID--Table of Contents Sec. 203.4 Certificates of registration. Certificates of Registration will be issued by A.I.D. to applicants which A.I.D. finds satisfy the conditions and documentation requirements for registration set forth in Sec. 203.2. [[Page 814]] ...


the applicant will be informed in writing of the denial with a specific statement of those conditions and documentation requirements of registration in Sec. 203.2...


(1) An ``indigenous'' PVO is a non-U.S. PVO which conducts operations in the country under the laws of which it is organized. (2) A ``regional'' PVO is...


written notice to A.I.D.; or (2) Terminated by A.I.D. for failure of the registrant to fulfill and maintain the conditions of registration. (b) Termination...


Food for Peace and Voluntary Assistance, or his/her designee for U.S., international, and third country PVOs. (2) The Regional Assistant Administrator, or...


made available for public inspection and copying pursuant to and under the procedures established by the public information regulation (22 CFR part 212) of the Agency...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR203.10] [Page 815] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 203_REGISTRATION OF AGENCIES FOR VOLUNTARY FOREIGN AID--Table of Contents Sec. 203.10 Waiver authority. The Administrator of the Agency for International Development or his/her designee may waive, withdraw, or amend from time to time, any or all of the provisions of the regulations in this part. ...


Subpart B_The Guaranty 204.11 The Guaranty. 204.12 Guaranty eligibility. 204.13 Non-impairment of...


States of America, acting through A.I.D., agrees to pay to any Lender or Assignee who has been determined to be an Eligible Investor compensation in Dollars equal to its Loss...


Eligible Investors only are entitled to the benefits of this Guaranty. Notes in order to achieve Eligible Note status must be signed on behalf of the Borrower, manually or...


of America is pledged to the performance of this Guaranty. The Guaranty shall not be affected or impaired by any defect in the authorization, execution, delivery...


assign, transfer or pledge the Eligible Notes to any Eligible Investor. Any such assignment, transfer or pledge shall be effective on the date that the name of the new...


obligations pursuant to the Paying and Transfer Agency Agreement shall not impair the Investor's or any Assignee's rights under this Contract of Guaranty, but may be the...


(a) Within one year after an Event of Default, as this term is defined in an Eligible Note, the Lender or Assignee may file with A.I.D. an Application for Compensation in form...


Date of Application for Compensation, A.I.D. may at any time make payments to the Lender or any Assignee equal to all installments of principal due and unpaid under any...


If the Lender or Assignee shall, as a result of A.I.D. paying compensation under this Guaranty, receive an excess payment, it shall refund the excess...


any Assignee pursuant to Sec. 204.21(b), A.I.D. shall have exclusive power to prosecute all claims related to the outstanding Eligible Notes so assigned. If the Lender or...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR204.32] [Page 817] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 204_HOUSING GUARANTY STANDARD TERMS AND CONDITIONS--Table of Contents Subpart D_Covenants Sec. 204.32 Change in agreements. Neither the Lender nor any Assignee will consent to any change or waiver of any provision of any document contemplated by this Guaranty without the prior written consent of A.I.D. ...


the Lender or any Assignee shall not accelerate any Eligible Notes held by it on account of the happening of an Event of Default other than failure to make a payment when...


or any Assignee arising out of this Guaranty shall be settled by arbitration to be held in [[Page 818]] Washington, DC in accordance with the then prevailing...


writing in the English language, shall refer to the A.I.D. Housing Guaranty Project Number inscribed on the Eligible Note and shall be complete on the day it shall be...


with the laws of the United States of America governing contracts and commercial transactions of the United States Government. Exhibit A to...


allowances paid to participants. 205.4 Tuition. 205.5 Health insurance. 205.6 Advance payment. 205.7 Additional authorization. Authority:...


one quarter, semester, trimester, or longer will receive monthly maintenances in per diem at rates not to exceed those in Sec. 61.5 of this title. Participants in...


connected with preparation of the Master's thesis and preparation and publication of the Doctoral dissertation and other necessary training expenses may be authorized...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR205.4] [Page 819] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 205_PAYMENTS TO AND ON BEHALF OF PARTICIPANTS IN NONMILITARY ECONOMIC DEVELOPMENT TRAINING PROGRAMS--Table of Contents Sec. 205.4 Tuition. Normal institution-established tuition and related fees for approved courses of study will be paid by AID. ...


institution or under AID contracts with insurance carriers will be paid by AID. In exceptional cases, in which the participant cannot meet medical expenses, AID,...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR205.6] [Page 819] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 205_PAYMENTS TO AND ON BEHALF OF PARTICIPANTS IN NONMILITARY ECONOMIC DEVELOPMENT TRAINING PROGRAMS--Table of Contents Sec. 205.6 Advance payment. Per diem, monthly maintenance, and other allowances to participants may be paid in advance when necessary and appropriate. ...


for the satisfactory completion of program objectives if allowable under existing authority, whether or not specifically provided for by this part, may be authorized by...


disclosure prohibited unless approved by the General Counsel. 206.3 Procedure in the event of a demand for production or disclosure. 206.4 Procedure where...


No employee or former employee of the Agency shall, in response to a demand of a court or other authority set forth in Sec. 206.1(d), produce any material or disclose any...


employee or former employee of the Agency receives a demand for the production of material or the disclosure of information described in Sec. 206.1(a), he shall immediately...


the demand is required. If the response to the demand is required before the instructions from the General Counsel, or his designee, are received, an...


to stay the effect of the demand in response to a request made in accordance with Sec. 206.4 pending receipt of instructions, or if the court or other authority rules...


a demand. (a) In deciding whether to make disclosures pursuant to a demand, the General Counsel, or his designee, may consider, among things: (1) Whether...


employees) for any verdict, judgment or other monetary award which is rendered against any such employee, provided that the conduct giving rise to the verdict, judgment...


terms in this part have special meanings? Subpart A_General 208.100 What does this part do? 208.105 Does this part apply...


business community to use. The section headings and text, often in the form of questions and answers, must be read together. (b) Pronouns used within this part, such as...


are defined in Subpart I of this part. For example, three important terms are-- (a) Exclusion or excluded, which refers only to discretionary actions taken by...


of debarment and suspension for USAID nonprocurement activities. It also provides for reciprocal exclusion of persons who have been excluded under the Federal...


Sec. 208.25(b)) apply to you if you are a-- (a) Person who has been, is, or may reasonably be expected to be, a participant or principal in a covered transaction; ...


(a) To protect the public interest, the Federal Government ensures the integrity of Federal programs by conducting business only with responsible persons. (b)...


With the exceptions stated in Sec. Sec. 208.120, 208.315, and 208.420, a person who is excluded by the U.S. Agency for International Development or any other...


transaction? (a) The Director, Office of Procurement may grant an exception permitting an excluded person to participate in a particular covered transaction. If...


Federal procurement contracts? If any Federal agency excludes a person under its nonprocurement common rule on or after August 25, 1995, the excluded person is...


to participate in nonprocurement transactions? If any Federal agency excludes a person under the FAR on or after August 25, 1995, the excluded person is also...


not currently participating in a nonprocurement transaction? Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved,...


System (EPLS) to determine whether a person is excluded. The General Services Administration (GSA) maintains the EPLS and makes it available, as detailed in subpart E of...


are excluded from nonprocurement transactions? Except if provided for in Subpart J of this part, this part-- (a) Addresses disqualified persons only to-- (1)...


a nonprocurement or procurement transaction that is subject to the prohibitions of this part. It may be a transaction at-- (a) The primary tier, between a Federal agency and...


The importance of a covered transaction depends upon who you are. (a) As a participant in the transaction, you have the responsibilities laid out...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.210] [Page 827] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart B_Covered Transactions Sec. 208.210 Which nonprocurement transactions are covered transactions? All nonprocurement transactions, as defined in Sec. 208.970, are covered transactions unless listed in Sec. 208.215. (See appendix to this part.) ...


The following types of nonprocurement transactions are not covered transactions: (a) A direct award to-- (1) A foreign government or foreign...


(a) Covered transactions under this part-- (1) Do not include any procurement contracts awarded directly by a Federal agency; but (2) Do include some...


transaction? As a participant in a transaction, you will know that it is a covered transaction because the agency regulations governing the transaction, the...


another person at the next lower tier? Doing Business With Other Persons When you enter into a covered transaction with another...


disqualified person? (a) You as a participant may not enter into a covered transaction with an excluded person, unless the U.S. Agency for...


with whom I am already doing business in a covered transaction? (a) You as a participant may continue covered transactions with an excluded person if the...


under a covered transaction? (a) You as a participant may continue to use the services of an excluded person as a principal under a covered transaction if you...


eligible to participate? Yes, you as a participant are responsible for determining whether any of your principals of your covered transactions is excluded...


a covered transaction? If as a participant you knowingly do business with an excluded person, we may disallow costs, annul or terminate the transaction, issue...


with whom I intend to do business? Before entering into a covered transaction with a participant at the next lower tier, you must require that participant to-- ...


covered transaction with the U.S. Agency for International Development? Before you enter into a covered transaction at the primary tier, you as the participant must...


208.335, will I be prevented from participating in the transaction? As a primary tier participant, your disclosure of unfavorable information about yourself or...


Sec. 208.335? If we later determine that you failed to disclose information under Sec. 208.335 that you knew at the time you entered into the...


Sec. 208.335 after entering into a covered transaction with the U.S. Agency for International Development? At any time after you enter into a...


entering into a covered transaction with that participant? Before you enter into a covered transaction with a person at the next higher tier, you as a...


under Sec. 208.355? If we later determine that you failed to tell the person at the higher tier that you were excluded or disqualified at the time you...


Sec. 208.355 after entering into a covered transaction with a higher tier participant? At any time after you enter into a lower tier covered transaction with a person...


person? (a) You as an agency official may not enter into a covered transaction with an excluded person unless you obtain an exception under...


a principal of the transaction is excluded? As an agency official, you may not enter into a covered transaction with a participant if you know that a principal...


an excluded person? After entering into a covered transaction with a participant, you as an agency official may not approve a participant's use of an excluded...


a principal after I enter into a covered transaction? (a) You as an agency official may continue covered transactions with an excluded person, or under which...


at a lower tier? If a transaction at a lower tier is subject to your approval, you as an agency official may not approve-- (a) A covered...


As an agency official, you must check to see if a person is excluded or disqualified before you-- (a) Enter into a primary tier covered transaction; ...


You check to see if a person is excluded or disqualified in two ways: (a) You as an agency official must check the EPLS when you take any action listed...


You as an agency official must require each participant in a primary tier covered transaction to-- (a) Comply with subpart C of this part as a condition...


participants? To communicate the requirements in Sec. 208.35, you must include a term or condition in the transaction requiring the participants' compliance...


does business with an excluded or disqualified person? If a participant knowingly does business with an excluded or disqualified person, you as an agency...


to disclose the information required under Sec. 208.335? If you as an agency official determine that a participant failed to disclose information, as required...


the information required under Sec. 208.355 to the next higher tier? If you as an agency official determine that a lower tier participant failed to...


The EPLS is a widely available source of the most current information about persons who are excluded or disqualified from...


EPLS to determine whether to enter into a transaction with a person, as required under Sec. 208.430. (b) Participants also may, but are not required to, use the EPLS...


the General Services Administration (GSA) maintains the EPLS. When a Federal agency takes an action to exclude a person under the nonprocurement or procurement...


the EPLS indicates-- (1) The full name (where available) and address of each excluded or disqualified person, in alphabetical order, with cross references if more than...


who take actions to exclude persons under this part or officials who are responsible for identifying disqualified persons must enter the following information about...


If you have questions about a person in the EPLS, ask the point of contact for the Federal agency that placed the person's name into the EPLS. You may find the agency point...


the Internet, currently at http://epls.arnet.gov. (b) As of November 26, 2003, you may also subscribe to a printed version. However, we anticipate discontinuing...


and debarment actions start? When we receive information from any source concerning a cause for suspension or debarment, we will promptly report and...


differ from debarment? Suspension differs from debarment in that-- ------------------------------------------------------------------------ A...


does the U.S. Agency for International Development use in suspension and debarment actions? In deciding whether to suspend or debar you, we handle the actions...


U.S. Agency for International Development notify a person of a suspension or debarment action? (a) The suspending or debarring official sends a written notice to...


coordinate suspension and debarment actions? Yes, when more than one Federal agency has an interest in a suspension or debarment, the agencies may...


the scope of a suspension or debarment action? If you are suspended or debarred, the suspension or debarment is effective as follows: (a) Your suspension or...


Agency for International Development impute conduct of one person to another? For purposes of actions taken under this rule, we may impute conduct as follows: ...


Agency for International Development settle a debarment or suspension action? Yes, we may settle a debarment or suspension action at any time if it is in the...


include a voluntary exclusion? Yes, if we enter into a settlement with you in which you agree to be excluded, it is called a voluntary exclusion and has...


agencies know if the U.S. Agency for International Development agrees to a voluntary exclusion? (a) Yes, we enter information regarding a voluntary exclusion...


a serious action. Using the procedures of this subpart and subpart F of this part, the suspending official may impose suspension only when that official determines that-- ...


(a) In determining the adequacy of the evidence to support the suspension, the suspending official considers how much information is available, how credible it is given...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.710] [Page 835] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart G_Suspension Sec. 208.710 When does a suspension take effect? A suspension is effective when the suspending official signs the decision to suspend. ...


After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you-- (a) That you have been suspended; (b) That...


contest a suspension, you or your representative must provide the suspending official with information in opposition to the suspension. You may do this orally or in writing, but...


respondent you or your representative must either send, or make rrangements to appear and present, the [[Page 836]] information and argument to the suspending official...


suspension? (a) In addition to any information and argument in opposition, as a respondent your submission to the suspending official must identify-- (1)...


facts on which the suspension is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the suspending official...


conducted in a fair and informal manner. The suspending official may use flexible procedures to allow you to present matters in opposition. In so doing, the suspending...


(1) You may present witnesses and other evidence, and confront any witness presented; and [[Page 837]] (2) The fact-finder must prepare written...


terminate my suspension? (a) The suspending official bases the decision on all information contained in the official record. The record includes-- (1)...


The suspending official must make a written decision whether to continue, modify, or terminate your suspension within 45 days of closing the official record. The...


initiated at the time of, or during your suspension, the suspension may continue until the conclusion of those proceedings. However, if proceedings are not initiated,...


(a) Conviction of or civil judgment for-- (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public...


After consideration of the causes in Sec. 208.800 of this subpart, if the debarring official proposes to debar you, the official sends you a Notice of...


the debarring official issues a decision. The debarring official does not issue a decision until the respondent has had an opportunity to contest the...


to contest a proposed debarment, you or your representative must provide the debarring official with information in opposition to the proposed debarment. You may do this orally...


a respondent you or your representative must either send, or make arrangements to appear and present, the information and argument to the debarring official within 30 days after...


proposed debarment? (a) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify-- ...


facts on which the proposed debarment is based? (a) You as a respondent will not have an additional opportunity to challenge the facts if the debarring official...


conducted in a fair and informal manner. The debarring official may use flexible procedures to allow you as a respondent to present matters in opposition. In so doing,...


(1) You may present witnesses and other evidence, and confront any witness presented; and (2) The fact-finder must prepare written findings of fact for...


(a) The debarring official may debar you for any of the causes in Sec. 208.800. However, the official need not debar you even if a cause for debarment exists....


debarment action, we must establish the cause for debarment by a preponderance of the evidence. (b) If the proposed debarment is based upon a conviction or civil judgment,...


burden to prove that a cause for debarment exists. (b) Once a cause for debarment is established, you as a respondent have the burden of demonstrating to the satisfaction of...


This section lists the mitigating and aggravating factors that the debarring official may consider in determining whether to debar you and the length of your debarment period....


to debar you, your period of debarment will be based on the seriousness of the cause(s) upon which your debarment is based. Generally, debarment should not exceed...


official must make a written decision whether to debar within 45 days of closing the official record. The official record closes upon the debarring official's receipt of...


Yes, as a debarred person you may ask the debarring official to reconsider the debarment decision or to reduce the time period or scope of the debarment. However, you...


The debarring official may reduce or terminate your debarment based on-- (a) Newly discovered material evidence; (b) A reversal of the conviction or...


official may extend a debarment for an additional period, if that official determines that an extension is necessary to protect the public interest. (b) However,...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.900] [Page 842] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.900 Adequate evidence. Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred. ...


indirectly, either one controls or has the power to control the other or a third person controls or has the power to control both. The ways we use to determine control...


department, defense agency, or any other agency of the executive branch. Other agencies of the Federal government are not considered ``agencies'' for the purposes of...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.915] [Page 842] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.915 Agent or representative. Agent or representative means any person who acts on behalf of, or who is authorized to commit, a participant in a covered transaction. ...


by any court of competent jurisdiction, whether by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for the complained...


determination of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or plea, including a plea of nolo contendere; or (b)...


subpart H of this part to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR...


who is authorized to impose debarment. A debarring official is either-- (1) The agency head; or (2) An official designated by the agency head. (b) The...


participating in specified Federal procurement or nonprocurement transactions as required under a statute, Executive order (other than Executive Orders 12549 and 12689) or...


(a) That a person or commodity is prohibited from being a participant in covered transactions, whether the person has been suspended; debarred; proposed for debarment under 48 CFR part...


the list maintained and disseminated by the General Services Administration (GSA) containing the names and other information about persons who are ineligible. The...


presentment, information, or other filing by a competent authority charging a criminal offense shall be given the same effect as...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.960] [Page 843] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.960 Ineligible or ineligibility. Ineligible or ineligibility means that a person or commodity is prohibited from covered transactions because of an exclusion or disqualification. ...


any civil judicial proceeding, including a proceeding under the Program Fraud Civil Remedies Act (31 U.S.C. 3801-3812), to which the Federal Government or a State or...


any transaction, regardless of type (except procurement contracts), including, but not limited to the following: (1) Grants. (2) Cooperative agreements. ...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.975] [Page 843] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.975 Notice. Notice means a written communication served in person, sent by certified mail or its equivalent, or sent electronically by e-mail or facsimile. (See Sec. 208. 615.) ...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.980] [Page 843] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.980 Participant. Participant means any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant. ...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.985] [Page 843] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.985 Person. Person means any individual, corporation, partnership, association, unit of government, or legal entity, however organized. ...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.990] [Page 843] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.990 Preponderance of the evidence. Preponderance of the evidence means proof by information that, compared with information opposing it, leads to the conclusion that the fact at issue is more probably true than not. ...


partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or (b)...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR208.1000] [Page 844] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 208_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table of Contents Subpart I_Definitions Sec. 208.1000 Respondent. Respondent means a person against whom an agency has initiated a debarment or suspension action. ...


United States; (2) The District of Columbia; (3) The Commonwealth of Puerto Rico; (4) Any territory or possession of the United States; or (5) Any agency...


who is authorized to impose suspension. The suspending official is either: (1) The agency head; or (2) An official designated by the agency head. (b)...


under subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition...


means a person's agreement to be excluded under the terms of a settlement between the person and one or more agencies. Voluntary exclusion must have...


Application of this part. 209.3 Definitions. 209.4 Discrimination prohibited. 209.5 Assurance required. 209.6...


to any authority held or delegated by the Administrator of the Agency for International Development, including the types of Federal financial assistance listed...


means the Administrator of the Agency for International Development or any person specifically designated by him to perform any function provided for under this part. ...


from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial assistance from the Agency...


which paragraph (b) of this section applies, and every application for Federal financial assistance to provide a facility shall, as a condition to its approval and...


recipients in obtaining compliance with this part and shall provide assistance and guidance to recipients to help them comply voluntarily with this part. (b)...


determine whether they are complying with this part. (b) Complaints. Any person who believes himself or any specific class of individuals to be subjected to...


if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal...


given by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice shall advise the applicant or recipient of the action...


make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the Administrator for a final...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR209.11] [Page 853] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 209_NON DISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE Sec. 209.11 Judicial review. Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. ...


of the Agency for International Development which impose requirements designed to prohibit any discrimination against individuals on the ground of race, color, or national...


by another Federal department or agency pursuant to delegation, transfer interagency service agreement, or other arrangement is vested in the head of such department...


carries out the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq., as amended) that applies to grants. It also applies the provisions of the Act to...


of this part apply to you if you are either-- (1) A recipient of an assistance award from the U.S. Agency for International Development; or (2) A USAID...


this part? This part does not apply to any award that the Director of the Office of Procurement determines that the application of this part would be inconsistent...


receive? It will affect future contract awards indirectly if you are debarred or suspended for a violation of the requirements of this part, as described in Sec....


part? There are two general requirements if you are a recipient other than an individual. (a) First, you must make a good faith effort, on a continuing...


statement? You must publish a statement that-- (a) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of...


statement? You must require that a copy of the statement described in Sec. 210.205 be given to each employee who will be engaged in the performance of...


program? You must establish an ongoing drug-free awareness program to inform employees about-- (a) The dangers of drug abuse in the workplace; ...


statement and establish my drug-free awareness program? If you are a new recipient that does not already have a policy statement as described in Sec....


who are convicted of drug violations in the workplace? There are two actions you must take if an employee is convicted of a drug violation in...


(a) You must identify all known workplaces under each USAID award. A failure to do so is a violation of your drug-free workplace requirements. You may identify...


if I am an individual recipient? As a condition of receiving a USAID award, if you are an individual recipient, you must agree that-- (a) You will...


USAID awarding official? As a USAID awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with the requirements...


for recipients other than individuals? A recipient other than an individual is in violation of the requirements of this part if the Director of the...


recipients who are individuals? An individual recipient is in violation of the requirements of this part if the Director of the Office of Procurement determines,...


against a recipient determined to have violated this part? If a recipient is determined to have violated this part, as described in Sec. 210.500 or Sec. 210.505,...


those actions? The USAID Administrator or designee may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension...


assistance by the U.S. Agency for International Development or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant...


a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11...


guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal...


means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into [[Page 859]] the same kind of relationship as a grant...


means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any...


by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited...


a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful...


a recipient directly engaged in the performance of work under the award, including-- (1) All direct charge employees; (2) All indirect charge employees, unless...


agency means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive...


that, consistent with 31 U.S.C. 6304, is used to enter into a relationship-- (a) The principal purpose of which is to transfer a thing of value to the recipient...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR210.655] [Page 859] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 210_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 210.655 Individual. Individual means a natural person. ...


partnership, association, unit of government (except a Federal agency) or legal entity, however organized, that receives an award directly from a...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR210.665] [Page 859] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 210_GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 210.665 State. State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States. ...


taken by a Federal agency that immediately [[Page 860]] prohibits a recipient from participating in Federal Government procurement contracts and...


and scope; legislation. 211.2 Definitions. 211.3 Cooperating sponsor agreements; program procedure. 211.4 Availability and shipment of commodities. 211.5 Obligations...


any successor agency, including, when applicable, each USAID. USAID means an office of A.I.D. located in a foreign country. AID/W means the office of A.I.D. located...


Agreement. A nongovernmental organization is eligible to be a cooperating sponsor for regular programs under paragraph (d)(2)(i) of this section only after it has entered...


use of commodities. Commodities shall be available for shipment, distribution and use in accordance with the provisions of the approved Operational Plan and AER, or TA and...


shall submit a description of the programs it is sponsoring or proposes to sponsor to USAID or the Diplomatic Post for its approval. AID/W will prescribe the...


and repackaging. Cooperating sponsors or their designees may arrange for processing commodities into different end products and for packaging or repackaging commodities prior...


discharge ports. Except as otherwise agreed upon by AID/W and provided in the applicable shipping contract or in paragraph (d) and (e) of this section, the cooperating sponsor shall...


to cooperating sponsor at discharge port or point of entry. If the commodity is damaged prior to delivery to a governmental cooperating sponsor at discharge port or point of...


to cooperating sponsor at discharge port or point of entry. If the commodity is damaged prior to delivery to a governmental cooperating sponsor at discharge port or point of...
...


recipient agencies shall maintain records and documents in a manner [[Page 883]] which accurately reflects the operation of the program and all...


suspension by A.I.D. All or any part of the assistance provided under the program, including commodities in transit, may be terminated or suspended by A.I.D. at its discretion...


and Humanitarian Assistance, A.I.D., may waive, withdraw, or amend, at any time, any or all of the provisions of this Regulation 11 if such provision is not statutory and it...


of policy. Subpart B_Publication in the Federal Register 212.11 Materials to be published. 212.12 Effect of nonpublication. 212.13...


the Federal Register for the information and guidance of the public: (1) Descriptions of its central and field organization and the established places at which, the...


or otherwise adversely affect a person unless either (a) The materials were in fact published in the Federal Register or (b) The person otherwise had actual and...


to the class of persons affected thereby are deemed to be published in the Federal Register when they have been incorporated by reference therein with the approval...


and materials available for public inspection and copying: (a) All final opinions (including concurring and dissenting options), and all orders made in...


invasion of personal privacy, USAID may delete identifying details when USAID makes available or publishes an opinion, statement of policy, interpretation, or...


a current index providing identifying information for the public as to any matter which has been issued, adopted, or promulgated after July 4, 1967, and which is required...


staff manual or instruction that affects any member of the public will be relied upon, used, or cited as precedent by USAID against any private party unless it has...


to be made available for public inspection and copying in accordance with this subpart are available to members of the public at USAID's Public Reading Room, Room 1113,...


and which is made in accordance with the provisions of this subpart, USAID will make such records, except the following, promptly available to the requesting party: ...


specific description of the particular record sought so that a USAID officer who is familiar with the subject matter of the request may be able to locate the record with...


Reading Room identified in Sec. 212.24(a), may be made by a member of the public in writing only to the Chief, Customer Outreach and Oversight Staff, Room 1113, SA-16,...


Customer Outreach and Oversight Staff, of a reasonably specific request made pursuant to Sec. 212.33 of this part, a maximum of ten working days will normally be taken to...


means those expenditures which the Agency actually incurs in searching for and duplicating (and in the case of commercial requesters, reviewing) documents in order to respond to...


all or part of a request for records, the person making the request shall be immediately notified of the determination, the reasons for the determination, the name and title...


a maximum of twenty working days will normally be taken to decide the appeal. In unusual circumstances, as defined in Sec. 212.34, the twenty working days may be...


Confidential commercial information provided to the Agency shall not be disclosed pursuant to a FOIA request except in accordance with this section. For purposes of this...


the provisions of subparts B, C, and D which provide for publication and disclosure of certain information and records shall be applicable to matters that are: ...


paragraph (g) of Sec. 212.41 and the investigation or proceedings involves a possible violation of criminal law; and there is reason to believe that the subject of...


all individuals engaged in private research as soon as such action may be taken without adversely affecting the national security, the maintenance of friendly relations with...


and scope. 213.2 Definitions. 213.3 Loans, guarantees, sovereign and interagency claims. 213.4 Other remedies. 213.5 Fraud claims. 213.6 Subdivision of claims...


or held by the United States for, a person to satisfy a debt the person owes the Government. (b) Administrative wage garnishment means the process by which federal...


of loans for which compromise and collection authority is conferred by section 635(g)(2) of the Foreign Assistance Act of 1961, as amended; (b) Claims arising...


required by contract, statute, regulation or other Agency procedures, e.g., resolution of audit findings under grants or contracts, informal grant appeals, formal appeals,...


on the part of the debtor or any party having an interest in the claim to the USAID Office of Inspector General (OIG). The OIG has the responsibility for investigating...


authority to compromise, suspend, or terminate a debt. A debtor's liability arising from a particular transaction or contract is a...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR213.7] [Page 899] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 213_CLAIMS COLLECTION--Table of Contents Subpart A_General Sec. 213.7 Omission not a defense. Failure by USAID to comply with any provision of this part is not available to a debtor as a defense against payment of a debt. ...


of USAID activities and to reduce debt delinquencies. Collection actions may include sending written demands to the debtor's last known address. Written demand may be...


written notice in the form of a Bill for Collection or demand letter to the debtor. Unless otherwise provided by agreement, contract or order, the written notice informs the...


review within the agency, USAID shall provide the debtor with a reasonable opportunity for an oral hearing when the debtor requests reconsideration of the debt and the...


to collect all claims of the United States for money and property arising out of USAID's activities. USAID cooperates with other Federal agencies in their debt...


unless prohibited by statute, regulation or contract. (1) Interest begins to accrue on all debts from the payment due date established in the initial notice to the...


to accrue on a debt during administrative appeal, either formal or informal, and during waiver consideration by the Agency; except, that interest, penalty charges...


Service (FMS) of the Department of Treasury. FMS is authorized to take all appropriate action to enforce collection of accounts referred to FMS in accordance...


bureaus through the cross-servicing agreement with FMS. (a) The following information is provided to the credit reporting bureaus: (1) A statement that the...


a debt, the CFO may obtain a debtor's current mailing address from the Internal Revenue Service. (b) Addresses obtained from the Internal Revenue Service will...


possession of collateral, he may liquidate the security or collateral and apply the proceeds to the overdue debt. USAID will exercise this right where the debtor fails to...


by the CFO, USAID will not extend financial assistance in the form of a loan or loan guarantee to any person delinquent on a nontax debt owed to a Federal agency. USAID...


to the United States, together with interest, penalty and administrative costs, as required by Sec. 213.11, will be collected in a single payment. However, where the CFO...


debts by administrative offset under the Federal Claims Collection Standards, other statutory authorities and offsets or recoupments under common law. It does not apply...


recovery of debts owed to the United States by installment collection from the current pay account of an employee. (b) Scope. The provisions of this section apply...


notice, hearing, written response and decision. (1) Prior to initiating collection action through salary offset, USAID will first provide the employee with the opportunity to pay...


of its employees that is indebted to another agency if requested to do so by that agency. Such a request must be accompanied by a certification by the requesting agency that...


a claim, exclusive of interest, penalty and administrative costs, does not exceed $100,000. Where the claim exceeds $100,000, the authority to accept the compromise rests solely...


collect the full amount because the debtor does not have the financial ability to pay the full amount of the debt within a reasonable time, or the debtor refuses to pay...


in installments. However, where the CFO determines that payment of a compromise by installments is necessary to effect collection, a debtor's request to pay...


will not be withheld against one debtor until the other or others pay their proportionate share. The amount of a compromise with one debtor is not precedent in...


prepare and execute a release on behalf of the United States. In the event a mutual release is not executed when a debt is compromised, unless prohibited by law, the debtor...


on a debt where the outstanding debt principal does not exceed $100,000. Unless otherwise provided by DOJ delegations or procedures, the CFO refers requests for...


(1) The debtor cannot be located; (2) The debtor's financial condition is expected to improve; or (3) The debtor has requested a waiver or review of the debt. ...


and administrative costs, where the debt principal does not exceed $100,000. If the debt exceeds $100,000, USAID obtains the approval of DOJ in order to...


(a) The Government cannot collect or enforce collection of any significant sum from the debtor, having due regard for available judicial remedies, the debtor's ability to...


ceases active collection of the debt. Termination does not preclude the agency from retaining a record of the account for purposes of: (a) Selling the debt if the...


on a debt that has been discharged in bankruptcy regardless of the amount. USAID may continue collection activity, however, subject to the provisions of the Bankruptcy...


to as a close out of the debt), USAID will make a determination that collection action is no longer warranted and request that litigation counsel release any liens...


the IRS in accordance with the requirements of 26 U.S.C. 6050P and 26 CFR 1.6050P-1. USAID may request FMS to file such a discharge report to the IRS on the...


and by direct action, refers to DOJ for litigation all claims on which aggressive collection actions have been taken but which could not be collected,...


to FMS--general. (a) USAID's procedures call for transfer of legally enforceable debt to FMS 90 days after the Bill for Collection...


USAID is not required to transfer a debt to FMS pursuant to Sec. 213.37(b) during such period of time that the debt: (a) Is in litigation or foreclosure; ...


of advisory committee. 214.3 A.I.D. Advisory Committee Management Officer. Subpart B_Establishment of Advisory...


of the Act. [[Page 915]] (b) In general, this definition includes any committee, board, commission, council, conference, panel, task force, or other...


the Administrator for the establishment of uniform administrative guidelines and management controls which must be consistent with directives of the Director of the...


chartering of Advisory Committees are contained in section 9 of the Act and paragraph 6 of OMB Circular A-63. In summary, these requirements include the following: ...


terms of points of view represented and functions to be performed. Appropriate attention is also given to factors of sex, race, creed, national origin,...


a new A.I.D. advisory committee: (1) Justifies the need for the advisory committee to the satisfaction of the A.I.D. Advisory Committee Management Officer,...


advisory committee charters, as necessary, to reflect current information regarding scope, duties, etc. (b) Charter revision requires clearances by the advisory...


the Bureau of Office through which the committee reports, are cleared by the Advisory Committee Management Officer and the Office of the General Counsel, and are approved...


renewal of advisory committees are contained in section 14 of the Act and paragraph 7 of OMB Circular A-63, as amended. As related to A.I.D.-established...


advisory committees are as follows: (a) The Office or Bureau through which the advisory committee reports: prepares, clears with the Advisory Committee Management...


by A.I.D., the Administrator designates an A.I.D., employee to serve as the A.I.D. Advisory Committee Representative. (b) The designated A.I.D. employee performs...


except at the call, or with the advance approval, of the designated A.I.D. Advisory Committee Representative. (b) Each advisory committee meeting is conducted...


is open or closed) shall be published in the Federal Register at least fifteen (15) days before the date of the meeting, and should also be provided through other means...


public except where: (1) The Director, OMB, has determined that public notice of a meeting would be inconsistent with national security; or (2) The Administrator,...


and its formal and informal sub-groups. (b) The chairman or presiding officer designates a member or other person to keep the minutes. (c) The minutes are...


to maintain the records of the advisory committee in a location known to the A.I.D. Advisory Committee Management Officer. (b) Such records are to include the...


are subject to the Freedom of Information Act, 5 U.S.C. 552 et seq. and, thus, are available for public inspection and copying pursuant to A.I.D. Regulation...


to file with the Library of Congress eight copies of each of its reports, except where the report falls within an exemption listed in 5 U.S.C. 552(b) or relates to a...


are established by or report to the Agency, unless the establishing authority provides otherwise. (b) Within A.I.D., support services are provided by and charged...


OMB Circular A-63 in establishing rates of pay for advisory committee members, staffs, and consultants. (b) In summary, A.I.D. policy regarding compensation for...


Agency's Official central files on the nature functions, and operations of each A.I.D. advisory committee. Central files contain the following information with respect to...


of advisory committees under instructions provided by OMB Circular A-63, section 10, as amended and submits required data to OMB on the prescribed format, by November 30 of...


for access to an advisory committee document is denied may seek administrative review in accordance with Sec. 212.36(c) of A.I.D. Regulation 12, 22...


with the Act, OMB Circular A-63, or this regulation, the following procedures are to be used: (a) Advisory committee members or other aggrieved individuals...


to individual records in a system of records. 215.4 Times, places, and requirements for indentification of individuals making...


Cooperation Agency or the Agency for International Development, its offices, bureaus, divisions, and posts abroad; (c) Amend shall include the amendment of...


to or amendment of Agency records contained in a system of records pertaining to an individual may be made in person or by mail as follows: For the International...


for notification, access or contest may do so at the place designated in paragraph (a) of Sec. 215.3, which is open 9 a.m. to 5 p.m. daily, except Saturdays, Sundays,...


provisions of Sec. 215.3, such individual shall be granted access to any record pertaining to him or her which is contained in a system of records maintained by the Agency...


that the release directly to the individual of medical records maintained by the Agency could have an adverse effect upon such individual, the Director/Officer will attempt...


to him or her which the individual believes is not accurate, relevant, timely or complete. (b) Such request must be in writing and must be presented, in person...


its accuracy, timeliness, completeness, and its relevancy and necessity to accomplish a purpose of the Agency required to be accomplished by statute or by...


or her request to amend a record may file a request for review of such refusal within 60 days after the date of notification of the denial or partial denial. (b)...


paragraphs (b) and (c) of this section, the Agency shall not disclose any record which is contained in a system of records by any means of communication to any person or...


records at the request of the individual. (b) No fees shall be charged or collected for the following: Search for and retrieval of the records; review of the...


(a) An individual may bring a civil action against the Agency when the Agency: (1) Makes a determination not to amend a record in accordance with the...


compelling reason to do so, exempt a system of records within the Agency from any part of the Act, except subsections (b), (c) (1) and (2), (e)(4)(A) through (F), (e) (6), (7),...


compelling reason to do so, exempt a system of records, from any of the provisions of subsections (c) [[Page 928]] (3); (d); (e)(1); (e)(4) (G), (H), and (I); and (f) of...


species. 216.6 Environmental assessments. 216.7 Environmental impact statements. 216.8 Public hearings. 216.9 Bilateral and multi-lateral studies and concise...


or approved by A.I.D. and to substantive amendments or extensions of ongoing projects, programs, or activities. (b) Exemptions. (1) Projects, programs or...


is not required for activities identified in Sec. 216.2(b)(1), (c) (2), and (d). For all other A.I.D. activities described in Sec. 216.2(a) an Initial...


institutions, are subject to these procedures. Except as provided in Sec. 216.2 (b), (c) or (d), preliminary proposals for financing submitted by private applicants...


and their critical habitats. The Initial Environmental Examination for each project, program or activity having an effect on the environment shall specifically...


a full discussion of significant environmental effects of a proposed action. It includes alternatives which would avoid or minimize adverse effects or enhance the quality of...


(1) The global environment or areas outside the jurisdiction of any nation (e.g., the oceans); (2) The environment of the United States; or (3) Other aspects of...


draft statements and notice of public availability in CEQ publications. However, in some cases the Administrator may wish to hold public hearings on draft Environmental...


may approve the use of either of the following documents as a substitute for an Environmental Assessment (but not a substitute for an Environmental Impact...


being prepared and for which Negative Determinations and Declarations have been made. Copies of final Initial Environmental Examinations, scoping statements,...


Subpart A_General Provisions Sec. 217.1 Purpose. 217.2 Application. 217.3 Definitions. 217.4 Discrimination...


This part applies to all programs or activities carried on within the United States by recipients of Federal financial assistance pursuant to any authority held or delegated...


As used in this part, the term: (a) The Act means the Rehabilitation Act of 1973, Pub. L. 93-112, as amended by the Rehabilitation Comprehensive Services and...


(a) General. No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise...


(a) Assurances. An applicant for Federal financial assistance to which this part applies shall submit an assurance, on a form specified by the Administrator, that...


action, and self-evaluation. (a) Remedial action. (1) If the Administrator finds that a recipient has discriminated against persons on the basis of handicap...


and adoption of grievance procedures. (a) Designation of responsible employee. A recipient that employs fifteen or more persons shall designate at least...


(a) A recipient that employs fifteen or more persons shall take appropriate initial and continuing steps to notify participants, beneficiaries, applicants, and employees,...


small recipients. The Administrator may require any recipient with fewer than fifteen employees, or any class of such recipients, to comply with Sec. Sec....


local law or other requirements and effect of employment opportunities. (a) The obligation to comply with this part is not obviated or alleviated by the existence...


(a) General. (1) No qualified handicapped person shall, on the basis of handicap, be subjected to discrimination in employment under any program or...


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


(a) A recipient may not make use of any employment test or other selection criterion that screens out or tends to screen out handicapped persons or any class...


(a) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make...


No qualified handicapped person shall, because a recipient's facilities [[Page 951]] within the United States are inaccessible to or unusable...


(a) Accessibility. A recipient shall operate each program or activity to which this part applies so that when each part is viewed in its entirety it is readily...


(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed and constructed in...


this subpart. Subpart D applies within the United States to postsecondary education programs or activities, including postsecondary vocational education programs...


recruitment. (a) General. Qualified handicapped persons may not, on the basis of handicap, be denied admission or be subjected to discrimination in admission...


general. (a) No qualified handicapped student shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise...


(a) Academic requirements. A recipient to which this subpart applies shall make such modifications to its academic requirements as are necessary to ensure...


(a) Housing provided by the recipient. A recipient that provides housing to its nonhandicapped students shall provide comparable, convenient, and accessible housing to...


assistance to students. (a) Provision of financial assistance. (1) In providing financial assistance to qualified handicapped persons, a recipient to which...


(a) Physical education and athletics. (1) In providing physical education courses and athletics and similar aid, benefits, or services to any of its students,...


The procedural provisons applicable to title VI of the Civil Rights Act of 1964 apply to this part. These procedures are found in Sec. Sec. 209.6-209.13 of...


age discrimination regulations? Subpart A_General Sec. 218.01 What is the purpose of age discrimination...


these regulations apply? These regulations apply to each foreign affairs agency recipient and to each program or activity in the United States operated by...


(a) The following terms used in this part are defined in the government-wide regulations (45 CFR 90.4, 44 FR 33768): Act Action Age Age distinction ...


The standards each agency uses to determine whether an age distinction or age-related term is prohibited are set out in part 90 (primarily subpart B) of...


Each agency recipient has primary responsibility to ensure that its programs or activities are in compliance with the Act, the government- wide regulations,...


Where a recipient passes on Federal financial assistance from an agency to subrecipients, the recipient shall provide the subrecipients written notice to...


(a) Each recipient employing the equivalent of 15 or more full-time employees shall complete a one-time written self-evaluation of its compliance under the act within...


Each recipient shall: (a) Make available upon request to the agency information necessary to determine whether the recipient is complying with...


(a) The agency may conduct compliance reviews and pre-award reviews of recipients that will permit it to investigate and correct violations of...


Complaints. (a) Any person, individually or as a member of a class or on behalf of others, may file a complaint with an agency, alleging discrimination prohibited by...


(a) Referral of complaints for mediation. The agency will refer to the Federal Mediation and Conciliation Service all complaints that: (1) fall within...


(a) Informal investigation. (1) The agency will investigate complaints that are unresolved after mediation or are reopened because of a violation of a...


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


(a) An agency may enforce the Act and these regulations through: (1) Termination of a recipient's Federal financial assistance from the agency under...


post-termination proceedings. Certain procedural provisions applicable to title VI of the Civil Rights Act of 1964 apply to enforcement of this part. They are...


by recipient. Where the agency head finds a recipient has discriminated on the basis of age, the recipient shall take any remedial action that the agency...


Alternate funds disbursal procedure. (a) When an agency withholds funds from a recipient under these regulations, the agency head may disburse the withheld funds directly...


Contents Sec. 219.101 Purpose. 219.102 Application. 219.103 Definitions. 219.104-219.109 [Reserved] 219.110...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR219.102] [Page 960] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 219_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN Sec. 219.102 Application. This part applies to all programs or activities conducted by the agency. [[Page 961]] ...


Division, United States Department of Justice. Auxiliary aids means services or devices that enable persons with impaired sensory, manual, or speaking skills to have...


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...


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 make...


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...


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...


Definitions. Subpart B_The Guarantee 221.11 The Guarantee. 221.12 Guarantee...


States of America, acting through A.I.D., agrees to pay to, or upon the instructions of, any Noteholder on each Guarantee Payment Date compensation in Dollars equal to...


Notes in order to achieve Eligible Note status must be signed on behalf of the Borrower, manually or in facsimile, by a duly authorized representative of the...


the United States of America is pledged to the performance of this Guarantee. The Guarantee shall not be affected or impaired by any defect in the authorization,...


transfer or pledge an Eligible Note to any Person. Any such assignment, transfer or pledge shall be effective on the date that the name of the new Noteholder is entered on...


of its obligations pursuant to the Fiscal Agency Agreement shall not impair any Noteholder's rights under this Guarantee, but may be the subject of action for damages...


At any time after an Event of Default, as this term is defined in an Eligible Note, any Noteholder hereunder, or the Fiscal Agent on behalf of a Noteholder hereunder, may...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR221.22] [Page 968] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 221_ISRAEL LOAN GUARANTEE STANDARD TERMS AND CONDITIONS--Table of Contents Subpart C_Procedure for Obtaining Compensation Sec. 221.22 No acceleration of Eligible Notes. Eligible Notes shall not be subject to acceleration by A.I.D., the Noteholder or any other party. ...


If a Noteholder shall, as a result of A.I.D. paying compensation under this Guarantee, receive an excess payment, it shall refund the excess...


to a Noteholder under this Guarantee, A.I.D. shall be subrogated to the extent of such payment to all of the rights of such Noteholder against the Borrower under the...


to Sec. 221.21, A.I.D. shall have exclusive power to prosecute all claims related to rights to receive payments under the Eligible Notes to which it is...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR221.32] [Page 968] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 221_ISRAEL LOAN GUARANTEE STANDARD TERMS AND CONDITIONS--Table of Contents Subpart D_Covenants Sec. 221.32 Change in agreements. No Noteholder will consent to any change or waiver of any provision of any document contemplated by this Guarantee without the prior written consent of A.I.D. ...


any noteholder arising out of this Guarantee shall be settled by arbitration to be held in Washington, DC in accordance with the then prevailing rules of the American...


be in writing in the English language, shall refer to the Israel Loan Guarantee Number inscribed on the Eligible Note and shall be complete on the day it shall be...


accordance with the laws of the United States of America governing contracts and commercial transactions of the United States Government. Appendix A to...


Examiner. 223.5 Agency representative. 223.6 Time, date and place of hearing. 223.7 Rights of parties at hearing. 223.8 Initial...


post-employment restrictions by a former employee and after determining that such information does not appear to be frivolous, the General Counsel shall provide such...


employee has violated the statutory or regulatory post-employment restrictions, he or she shall initiate an administrative action by providing the former Government...


official (hereinafter referred to as ``examiner'') shall be appointed by the Administrator to make an initial decision. The examiner shall be a responsible person who is...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR223.5] [Page 970] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 223_ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents Sec. 223.5 Agency representative. The General Counsel shall appoint an agency representative to present evidence and otherwise participate in the hearing. ...


hearing. In establishing a date, the examiner shall give due regard to the former employee's need for: (a) Adequate time to prepare a defense properly, and (b)...


(a) To represent oneself or to be represented by counsel; (b) To examine or cross-examine witnesses; (c) To submit evidence (including the use...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR223.8] [Page 970] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 223_ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents Sec. 223.8 Initial decision. The examiner shall issue an initial decision based exclusively on matters of record in the proceedings and shall set forth all findings of fact and conclusions of law relevant to the matters at issue. ...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR223.9] [Page 970-971] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 223_ADMINISTRATIVE ENFORCEMENT PROCEDURES OF POST-EMPLOYMENT RESTRICTIONS--Table of Contents Sec. 223.9 Appeal. Within twenty days of the date of initial decision, either party may appeal [[Page 971]] the decision to the Administrator. The opposing party shall have ten days after receipt of a copy of the appeal to reply. ...


notice, the General Counsel shall decide the matter on its merits based upon the evidence gathered to date, including any written reply of the former employee. (b)...


is found in violation of the statutory or regulatory post employment restrictions after a final decision by: (a) Prohibiting the individual from making, on behalf of any...


assessments. 224.4 Investigation. 224.5 Review by the reviewing official. 224.6 Prerequisites for issuing a complaint. 224.7 Complaint. 224.8 Service...


the authority appointed pursuant to 5 U.S.C. 3105 or detailed to the authority pursuant to 5 U.S.C. 3344. Benefit means, in the context of ``statement,'' anything of...


to know-- (i) Is false, fictitious, or fraudulent; (ii) Includes or is supported by any written statement which asserts a material fact which is false,...


U.S.C. 3804(a) 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...


reviewing official determines that there is adequate evidence to believe that a person is liable under Sec. 224.3 of this part, the reviewing official shall transmit to the...


(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...


31 U.S.C. 3803(b)(1), the reviewing official may serve a complaint on the defendant, as provided in Sec. 224.8. (b) The complaint shall state: (1) Allegations...


authorized by 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...


of the complaint. 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...


976]] Sec. 224.9(a), the reviewing official may refer the complaint to the ALJ. (b) Upon the referral of the complaint, the ALJ shall promptly...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR224.11] [Page 976] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 224_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 224.11 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. ...


upon the defendant in the manner prescribed by Sec. 224.8. At the same time, the ALJ shall send a copy of such notice to the representative for the Government. (b)...


U.S.C. 3730(c)(5), a private plaintiff under the False Claims Act may participate in these [[Page 977]] 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; ...


ALJ on any matter 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...


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


advised by 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...


assure that a record of the proceeding is made. (b) The ALJ may: (1) Set and change the date, time, and place of the hearing upon reasonable notice to...


any party, the 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...


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


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


be ordered by the ALJ, the parties shall exchange witness lists, copies of prior statements of proposed witnesses, copies of proposed hearing exhibits, including copies of...


the hearing may request that the ALJ issue a subpoena. (b) A subpoena requiring the attendance and testimony of an individual [[Page 980]] may also...


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


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


copies. (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...


begins with the day following the act, event, or default, and includes the last day of the period, unless it is a Saturday, Sunday, or legal holiday observed by the Federal...


the authority 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...


with an 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 defendant is liable for a civil penalty or assessment under Sec. 224.3, and if so, the appropriate amount of any such civil penalty or...


the ALJ and the A.I.D. Administrator, upon appeal, should evaluate any circumstances that mitigate or aggravate the violation and should articulate in their opinions...


defendant resides or transacts business; [[Page 983]] (2) In any judicial district of the United States in which the claim or statement in issue was...


witnesses under oath or affirmation. (b) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such written...


shall not be 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. ...


ALJ [[Page 984]] at a cost not to exceed the actual cost of duplication. (b) The transcript of testimony, exhibits and other evidence admitted at the...


post-hearing brief. The ALJ shall fix the time for filing briefs, at a time not exceeding 60 days from the date the parties receive the transcript of the hearing or, if...


fact, conclusions 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: ...


motion for reconsideration 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...


to be liable for a civil penalty or assessment may appeal such decision to the A.I.D. Administrator by filing a notice of appeal with the A.I.D. Administrator in...


the Attorney General transmits to the A.I.D. Administrator a written finding that continuation of the administrative process described in this part with respect to a...


of an appeal to the A.I.D. Administrator. (b) No administrative stay is available following a final decision of the A.I.D....


District Court of a final decision of the A.I.D. Administrator imposing penalties or assessments under this part and specifies the procedures for...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR224.43] [Page 986] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 224_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 224.43 Collection of civil penalties and assessments. Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. ...


has been entered under Sec. 224.42 or Sec. 224.43, or any amount agreed upon in a compromise or settlement under Sec. 224.46, may be collected by administrative offset under...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR224.45] [Page 986] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 224_IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT--Table of Contents Sec. 224.45 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). ...


has 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...


Sec. 224.8 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 a notice under...


this policy--research conducted or supported by any Federal Department or Agency. 225.104-225.106 [Reserved] 225.107 IRB membership. 225.108 IRB functions...


agency to whom authority has been delegated. (b) Institution means any public or private entity or agency (including federal, state, and other agencies). ...


research which is covered by this policy and which is conducted or supported by a federal department or agency shall provide written assurance satisfactory to the department...


commonly conducted by the institution. The IRB shall be sufficiently qualified through the experience and expertise of its members, and the diversity of the...


as described in Sec. 225.103(b)(4) and, to the extent required by, Sec. 225.103(b)(5). (b) Except when an expedited review procedure is used (see Sec. 225.110),...


research activities covered by this policy. (b) An IRB shall require that information given to subjects as part of informed consent is in accordance with Sec. 225.116. The...


Secretary, HHS, has established, and published as a Notice in the Federal Register, a list of categories of research that may be reviewed by the IRB through an expedited...


are satisfied: (1) Risks to subjects are minimized: (i) By using procedures which are consistent with sound research design and which do not unnecessarily...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR225.112] [Page 993] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 225_PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 225.112 Review by institution. Research covered by this policy that has been approved by an IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if it has not been approved by an IRB. ...


conducted in accordance with the IRB's requirements or that has been associated with unexpected serious harm to subjects. Any suspension or termination of approval shall include...


of cooperative research projects, each institution is responsible for safeguarding the rights and welfare of human subjects and for complying with this policy. With...


following: (1) Copies of all research proposals reviewed, scientific evaluations, if any, that accompany the proposals, approved sample consent documents, progress...


research covered by this policy unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally authorized...


of a written consent form approved by the IRB and signed by the subject or the subject's legally authorized representative. A copy shall be given to the person signing...


contracts are submitted to departments or agencies with the knowledge that subjects may be involved within the period of support, but definite plans would not normally...


subjects, but it is later proposed to involve human subjects in the research, the research shall first be reviewed and approved by an IRB, as provided in this policy,...


or agency head will evaluate all applications and proposals involving human subjects submitted to the department or agency through such officers and employees of the...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR225.122] [Page 997] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 225_PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 225.122 Use of Federal funds. Federal funds administered by a department or agency may not be expended for research involving human subjects unless the requirements of this policy have been satisfied. ...


agency support for any project be terminated or suspended in the manner prescribed in applicable program requirements, when the department or agency head finds an institution...


to or at the time of approval when in the judgment of the department or agency head additional conditions are necessary for the protection of...


Subpart A_General Sec. 226.1 Purpose and applicability. 226.2 Definitions. 226.3 Effect on other issuances. 226.4...


charges incurred by the recipient during a given period requiring the provision of funds for: (1) Goods and other tangible property received; (2) Services performed...


this part, all administrative requirements of codified program regulations, program manuals, handbooks and other nonregulatory materials which are inconsistent with the...


Budget (OMB) may grant exceptions for classes of grants or recipients subject to the requirements of this part when exceptions are not prohibited by statute. However, in the...


subrecipients from coverage, the provisions of this part shall be applied to subrecipients if such subrecipients are organizations which, if receiving...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR226.10] [Page 1002] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 226_ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS--Table of Contents Subpart B_Pre-award Requirements Sec. 226.10 Purpose. Sections 226.11 through 226.17 prescribe forms and instructions and other pre-award matters to be used in applying for USAID awards. ...


cooperative agreements, and contracts. In each instance USAID shall decide on the appropriate award instrument (i.e., grant cooperative agreement or contract). The Federal...


(a) USAID shall comply with the applicable report clearance requirements of 5 CFR part 1320, ``Controlling Paperwork Burdens on the Public,'' with regard to all forms used...


recipients shall comply with the nonprocurement debarment and suspension common rule implementing E.O.s 12549 and 12689, ``Debarment and Suspension,'' 22 CFR Part 208. This common...


applicant or recipient: Has a history of poor performance, is not financially stable, has a management [[Page 1003]] system that does not meet the standards prescribed...


Metric Conversion Act, as amended by the Omnibus Trade and Competitiveness Act (15 U.S.C. 205) declares that the metric system is the preferred measurement system for U.S. trade...


Under the Act, any U.S. State agency or agency of a political subdivision of a State which is using appropriated Federal funds must comply with Section 6002. Section 6002...


Unless prohibited by statute or codified regulation, USAID may at some future date, allow recipients to submit certifications and representations required by statute, executive...


Financial and Program Management Sections 226.21 through 226.28 prescribe standards for financial management systems, methods for making...


(a) Recipients shall relate financial data to performance data and develop unit cost information whenever practical. (b) Recipients' financial management systems...


minimize the time elapsing between the transfer of funds from the United States Treasury and the issuance or redemption of checks, warrants, or payment by other means by...


All contributions, including cash and third party inkind, shall be accepted as part of the recipient's cost sharing or matching when such contributions meet all of the...


apply the standards set forth in this section to account for program income related to projects financed in whole or in part with Federal funds. (b) Except as provided...


(a) The budget plan is the financial expression of the project or program as approved during the award process. It may include either the sum of the Federal and...


subrecipients that are institutions of higher education or other non-profit organizations (including hospitals) shall be subject to the audit requirements contained in the...


recipient, there is a set of Federal principles for determining allowable costs. Allowability of costs shall be determined by the Agreement Officer in accordance with the cost...


Where a funding period is specified, a recipient may charge to the award only allowable costs resulting from obligations incurred during the funding period and any pre-award...


226.31 through 226.37 set forth uniform standards governing management and or disposition of property furnished by the Federal Government or whose cost was charged to a...


at a minimum, provide the equivalent insurance coverage for real property and equipment acquired with Federal funds as provided to property owned by the recipient....


otherwise, title to real property shall vest in the recipient subject to the condition that the recipient shall use the real property for the authorized purpose of...


(a) Federally-owned property. (1) Title to federally-owned property remains vested in the Federal Government. Recipients shall submit annually an inventory listing of...


provides otherwise, title to equipment acquired by a recipient with Federal funds shall vest in the recipient, subject to conditions of this part. (b) The recipient...


(a) Title to supplies and other expendable equipment shall vest in the recipient upon acquisition. If there is a residual inventory of unused supplies exceeding $5000 in...


may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. USAID [[Page 1014]] reserves...


Real property, equipment, intangible property and debt instruments that are acquired or improved with Federal funds shall be held in trust by the recipient as trustee for...


Sections 226.41 through 226.48 set forth standards for use by recipients in establishing procedures for the procurement of supplies and other expendable property, equipment,...


contained in this section do not relieve the recipient of the contractual responsibilities arising under its contract(s). The recipient is the responsible authority,...


maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent...


be conducted in a manner to provide, to the maximum extent practical, open and free competition. The recipient shall be alert to organizational conflicts of interest...


recipients shall establish written procurement procedures. These procedures shall provide, at a minimum, that: (1) Recipients avoid purchasing unnecessary items, (2)...


cost or price analysis shall be made and documented in the procurement files in connection with every procurement action. Price analysis may be accomplished in various...


and files for purchases in excess of the small purchase threshold shall include the following at a minimum: (a) Basis for contractor selection, (b) Justification...


contract administration shall be maintained to ensure contractor conformance with the terms, conditions and specifications of the contract and to ensure adequate and timely follow...


include, in addition to provisions to define a sound and complete agreement, the following provisions in all contracts. The following provisions shall also be applied...


Procurement requirements which are applicable to USAID because of statute and regulation are in Subpart G. Reports...


Sections 226.51 through 226.53 establish the procedures for monitoring and reporting on the recipient's financial and program performance and the necessary standard reporting forms....


(a) Recipients are responsible for managing and monitoring each project, program, subaward, function or activity supported by the award. Recipients shall...


forms are used for obtaining financial information from recipients. (1) SF-269 or SF-269A, Financial Status Report. (i) USAID will require recipients to use...


(a) This section sets forth requirements for record retention and access to records for awards to recipients. USAID shall not impose any other record retention...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR226.60] [Page 1021] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 226_ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS--Table of Contents Subpart C_Post-award Requirements Sec. 226.60 Purpose of suspension, termination and enforcement. Sections 226.61 and 226.62 set forth uniform suspension, termination and enforcement procedures. ...


may be terminated (or, with respect to paragraphs (a) (1) and (3) of this section, suspended) in whole or in part if any of the circumstances stated in paragraphs (a)(1) through...


noncompliance. If a recipient materially fails to comply with the terms and conditions of an award, [[Page 1022]] whether stated in a Federal statute,...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR226.70] [Page 1022] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 226_ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS--Table of Contents Subpart D_After-the-Award Requirements Sec. 226.70 Purpose. Sections 226.71 through 226.73 contain closeout procedures and other procedures for subsequent disallowances and adjustments. ...


submit, within 90 calendar days after the date of completion of the award, all financial, performance, and other reports as required by the terms and conditions of the...


(a) The closeout of an award does not affect any of the following. (1) The right of USAID to disallow costs and recover funds on the basis of a later audit...


funds paid to a recipient in excess of the amount to which the recipient is finally determined to be entitled under the terms and conditions of the award constitute a debt to...


This subpart contains additional provisions that apply to awards to commercial organizations. These provisions supplement and make exceptions for awards to...


No funds shall be paid as profit to any recipient that is a commercial organization. Profit is any amount in excess of allowable direct and...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR226.82] [Page 1023] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 226_ADMINISTRATION OF ASSISTANCE AWARDS TO U.S. NON-GOVERNMENTAL ORGANIZATIONS--Table of Contents Subpart E_Additional Provisions For Awards to Commercial Organizations Sec. 226.82 Program income. The additional costs alternative described in Sec. 226.24(b)(1) may not be applied to program income earned by a commercial organization. ...


relating to a grant or agreement shall be decided by the USAID Agreement Officer. The Agreement Officer shall furnish the recipient a written copy of the decision. (b)...


on use of funds. 227.105 Definitions. 227.110 Certification and disclosure. Subpart B_Activities by...


includes Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). ...


if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative...


in Sec. 227.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a...


in Sec. 227.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR227.210] [Page 1030] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 227_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B_Activities by Own Employees Sec. 227.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


appropriated funds, in Sec. 227.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving...


be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (b) Any person who fails to file or amend the disclosure form...


the provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR227.410] [Page 1031] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 227_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D_Penalties and Enforcement Sec. 227.410 Enforcement. The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. ...


covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit...


disclosure reports (see appendix B) and, on May 31 and November 30 of each year, submit to the Secretary of the Senate and the Clerk of the House of Representatives a...


paragraph (b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of...


Subpart A_Definitions and Scope of This Part Sec. 228.01 Definitions. 228.02 Scope and application. 228.03 Identification of principal...


This part is applicable to goods and services financed directly with program funds under the Foreign Assistance Act of 1961, as amended, unless otherwise provided by statute...


code numbers. The USAID Geographic Code Book sets forth the official description of all geographic codes used by USAID in authorizing or...


USAID Financing Sec. 228.10 Purpose. Sections 228.11 through 228.14 set forth the rules governing the eligible source of commodities and nationality...


USAID Financing Sec. 228.11 Source and origin of commodities. (a) The source and origin of a commodity as defined in Sec. 228.01 shall be a country or...


USAID Financing Sec. 228.12 Long-term leases. Any commodity obtained under a long-term lease agreement is subject to the source and origin requirements...


USAID Financing Sec. 228.13 Special source rules requiring procurement from the United States. (a) Agricultural commodities and products thereof must be...


USAID Financing Sec. 228.14 Nationality of suppliers of commodities. (a) The rules on nationality of suppliers of commodities relate only to the suppliers,...


Financing Sec. 228.20 Purpose. Sections 228.21 through 228.25 set forth the rules governing the eligibility of commodity-related services, both...


Financing Sec. 228.21 Ocean transportation. (a) The Cargo Preference Act of 1954, Section 901(b)(1) of the Merchant Marine Act of 1936, as amended, 46...


USAID Financing Sec. 228.22 Air transportation. (a) The eligibility of air transportation is determined by the flag registry of the aircraft. The term ``U.S....


Financing Sec. 228.23 Eligibility of marine insurance. The eligibility of marine insurance is determined by the country in which it is ``placed''. Insurance...


Financing Sec. 228.24 Other delivery services. No source or nationality rules apply to other delivery services, such as export packing, loading,...


USAID Financing Sec. 228.25 Incidental services. Source and nationality rules do not apply to suppliers of incidental services specified in a purchase...


Sec. 228.30 Purpose. Sections 228.31 through 228.37 set forth the nationality rules governing the eligibility for USAID financing of suppliers...


USAID Financing Sec. 228.31 Individuals and privately owned commercial firms. (a) In order to be eligible for USAID financing as a supplier of services, whether as...


Sec. 228.32 Nonprofit organizations. (a) Nonprofit organizations, such as educational institutions, foundations, and associations, must meet the...


Sec. 228.33 Foreign government-owned organizations. Firms operated as commercial companies or other organizations (including nonprofit organizations...


Sec. 228.34 Joint ventures. A joint venture or unincorporated association is eligible only if each of its members is eligible in accordance with Sec....


Sec. 228.35 Construction services from foreign-owned local firms. (a) When the estimated cost of a contract for construction services is $5 million or...


USAID Financing Sec. 228.36 Ineligible suppliers. Citizens of any country or area not included in Geographic Code 935, and firms and organizations located...


Sec. 228.37 Nationality of employees under contracts or subcontracts for services. (a) The rules set forth in Sec. Sec. 228.31 through 228.36 do...


Sec. 228.38 Miscellaneous service transactions. This section sets forth rules governing certain miscellaneous services. (a) Commissions....


Sec. 228.39 Special source rules for construction and engineering services. Advanced developing countries, eligible under Geographic Code 941, which...


USAID Financing Sec. 228.40 Local procurement. Local procurement in the cooperating country involves the use of appropriated funds to finance...


authorized source in order to accomplish project or program objectives by processing a waiver. When a waiver is processed to include a new country, area, or geographic...


waiver must be based upon one of the criteria listed in this section. Waivers to Geographic Code 899 or Code 935 which are justified under paragraph (a)(2) or (3) of this...


changes authorized by waiver with respect to the source of commodities automatically apply to the nationality of their suppliers. A waiver to effect a change in...


and nonprofit organizations. Waiver criteria. Any waiver must be based upon one of the criteria listed in this section. Waivers to Geographic Code 899...


A waiver to make foreign government-owned organizations, described in Sec. 228.33, eligible for financing by USAID must be justified on the basis of...


transportation. A waiver to expand the flag eligibility requirements to allow the use of vessels under flag registry of the cooperating country, or Geographic Code 899 or...


The authority to approve waivers of established policies on source, origin and nationality are delegated authorities within USAID, as set forth in the Automated Directives System...


effective date. Subpart A_Introduction Sec. 229.100 Purpose and effective date. 229.105 Definitions. 229.110 Remedial...


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, Federal agencies 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...


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. 229.205 through 229.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated by...


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...


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 purposes...


eligible to submit transition plans. (a) Application. This section applies to each educational institution to which Sec. Sec. 229.300 through 229.310 apply that: ...


(a) Submission of plans. An institution to which Sec. 229.225 applies and that is composed of more than one administratively separate unit may submit either a...


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


Recruitment Prohibited Sec. 229.305 Preference in admission. A recipient to which Sec. Sec. 229.300 through 229.310 apply shall not give preference...


Recruitment Prohibited Sec. 229.310 Recruitment. (a) Nondiscriminatory recruitment. A recipient to which Sec. Sec. 229.300 through 229.310 apply shall...


Activities Prohibited Sec. 229.400 Education programs or activities. (a) General. Except as provided elsewhere in these Title...


Activities Prohibited Sec. 229.405 Housing. (a) Generally. A recipient shall not, on the basis of sex, apply different rules or regulations,...


Activities Prohibited Sec. 229.410 Comparable facilities. A recipient may provide separate toilet, locker room, and shower facilities on the basis...


Activities Prohibited Sec. 229.415 Access to course offerings. (a) A recipient shall not provide any course or otherwise carry out any of...


Activities Prohibited Sec. 229.420 Access to schools operated by LEAs. A recipient that is a local educational agency shall not, on the basis of...


Activities Prohibited Sec. 229.425 Counseling and use of appraisal and counseling materials. (a) Counseling. A recipient shall not discriminate against...


Activities Prohibited Sec. 229.430 Financial assistance. (a) General. Except as provided in paragraphs (b) and (c) of this section, in...


Activities Prohibited Sec. 229.435 Employment assistance to students. (a) Assistance by recipient in making available outside employment. A...


Activities Prohibited Sec. 229.440 Health and insurance benefits and services. Subject to Sec. 229.235(d), in providing a medical, hospital,...


Activities Prohibited Sec. 229.445 Marital or parental status. (a) Status generally. A recipient shall not apply any rule concerning a...


Activities Prohibited Sec. 229.450 Athletics. (a) General. No person shall, on the basis of sex, be excluded from participation in, be denied...


Activities Prohibited Sec. 229.455 Textbooks and curricular material. Nothing in these Title IX regulations shall be interpreted as requiring...


Programs or Activities Prohibited Sec. 229.500 Employment. (a) General. (1) No person shall, on the basis of sex, be excluded from...


Programs or Activities Prohibited Sec. 229.505 Employment criteria. A recipient shall not administer or operate any test or other criterion for...


Programs or Activities Prohibited Sec. 229.510 Recruitment. (a) Nondiscriminatory recruitment and hiring. A recipient shall not discriminate on the...


Programs or Activities Prohibited Sec. 229.515 Compensation. A recipient shall not make or enforce any policy or practice that, on the basis of sex: ...


Programs or Activities Prohibited Sec. 229.520 Job classification and structure. A recipient shall not: (a) Classify a job as being for males or...


Programs or Activities Prohibited Sec. 229.525 Fringe benefits. (a) ``Fringe benefits'' defined. For purposes of these Title IX regulations,...


Programs or Activities Prohibited Sec. 229.530 Marital or parental status. (a) General. A recipient shall not apply any policy or take any...


Programs or Activities Prohibited Sec. 229.535 Effect of state or local law or other requirements. (a) Prohibitory requirements. The obligation to comply...


Programs or Activities Prohibited Sec. 229.540 Advertising. A recipient shall not in any advertising related to employment indicate preference,...


Programs or Activities Prohibited Sec. 229.545 Pre-employment inquiries. (a) Marital status. A recipient shall not make pre-employment inquiry as to...


Programs or Activities Prohibited Sec. 229.550 Sex as a bona fide occupational qualification. A recipient may take action otherwise prohibited by Sec....


covered programs. Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the Federal Register a...


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


Definitions. 230.03 The Guarantee. 230.04 Guarantee eligibility. 230.05 Non-impairment of the Guarantee. 230.06 Transferability of Guarantee;...


in these standard terms and conditions: (a) USAID means the United States Agency for International Development or its successor. (b) Eligible Note(s) means [a]...


terms and conditions, the United States of America, acting through USAID, guarantees to Noteholders the Borrower's repayment of 100 percent of principal and interest due on...


Notes only are guaranteed hereunder. Notes in order to achieve Eligible Note status: (1) Must be signed on behalf of the Borrower, manually or in facsimile, by a...


The full faith and credit of the United States of America is pledged to the performance of this Guarantee. The Guarantee shall be unconditional, and shall not be affected or...


A Noteholder may assign, transfer or pledge an Eligible Note to any Person. Any such assignment, transfer or pledge shall be effective on the date that the name of...


of the Fiscal Agent to perform any of its obligations pursuant to the Fiscal Agency Agreement shall not impair any Noteholder's rights under this Guarantee, but may be the...


payment. At any time after an Event of Default, as this term is defined in an Eligible Note, any Noteholder hereunder, or the Fiscal Agent on behalf of...


Eligible Notes shall not be subject to acceleration, in whole or in part, by USAID, the Noteholder or any other party. USAID shall not have the right to pay any amounts in...


a Noteholder. If a Noteholder shall, as a result of USAID paying compensation under this Guarantee, receive an excess payment, it shall refund the excess...


of payment by USAID to a Noteholder under this Guarantee, USAID shall be subrogated to the extent of such payment to all of the rights of such Noteholder against the Borrower...


by USAID to an Applicant hereunder, USAID shall have exclusive power to prosecute all claims related to rights to receive payments under the Eligible Notes to which it is...


[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR230.13] [Page 1068] TITLE 22--FOREIGN RELATIONS CHAPTER II--AGENCY FOR INTERNATIONAL DEVELOPMENT PART 230_ISRAEL LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108 11_STANDARD TERMS AND CONDITIONS--Table of Contents Sec. 230.13 Change in agreements. No Noteholder will consent to any change or waiver of any provision of any document contemplated by this Guarantee without the prior written consent of USAID. ...


claim between USAID and any noteholder arising out of this Guarantee shall be settled by arbitration to be held in Washington, DC in accordance with the then prevailing rules of...


USAID pursuant to this Guarantee shall be in writing in the English language, shall refer to the Israel Loan Guarantee Number inscribed on the Eligible Note and shall be complete...


be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United...




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