Title 22--FOREIGN RELATIONS
Chapter III--PEACE CORPS


Authority: E.O. 12356, 43 FR 14874 dated April 2, 1982. Source: 49 FR 13692, Apr. 6, 1984, unless otherwise noted. The following...


(b) Requests for review of such information for declassification shall be in writing, addressed to the Peace Corps Director of Security, Peace Corps, Washington, DC...


Committee, which shall consist of the Associate Director for International Operations, the Associate Director for Management and the General Counsel, or...


the public may secure information, make submittals, or request, or obtain decisions; and statements of the general course and [[Page 6]] ...


decisions; and statements of the general course and methods by which its functions are channeled and determined. (a) The following are statements...


Forms regarding the following listed matters and instructions relating thereto may be obtained upon application to the offices listed below. Application...


the agency. The Peace Corps regulations published under the provisions of the Administrative Procedure Act are found in part 301 of title 22 of the Code of...


Federal Register. 303.5 Public reading room. 303.6 Procedures for use of public reading room. 303.7 Index of records. 303.8 Requests for records. 303.9 Exemptions...


who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made....


the public consistent with the requirements of the FOIA. Records exempt from disclosure under the FOIA may be made available at the discretion of the...


the Federal Register. It also publishes information on its basic structure and operations necessary to inform the public how to deal effectively with the Peace Corps in the...


Street, NW., Washington, DC 20526. This room will be supervised and will be open to the public during Peace Corps' regular [[Page 10]] business hours...


303.5(b) in the public reading room during regular business hours. Because it will sometimes be impossible to produce records or copies of records on short notice, a person...


Sec. 303.4 or Sec. 303.5(b)(1) through (5). The index will be maintained and made available for public inspection and copying at the Peace Corps' headquarters in Washington, DC....


to be made available in the public reading room, Peace Corps records will be made promptly available, upon request, to any person in accordance with this section, unless it...


if the record fits within one or more of the following FOIA exemptions: (1) Matter specifically authorized under criteria established by an Executive Order to...


Corps officials and staff as to their obligations under this part and shall take such other actions as may be necessary or appropriate to assure a consistent and...


be in writing and shall include, as applicable: (1) A reference to the applicable exemption or exemptions in Sec. 303.9(a) upon which the denial is based; (2)...


business days by writing to the Associate Director of the Office of Management or, in the case of a denial of a request for OIG Records, the Inspector General, at the address...


doing business, such as informational or recruiting brochures, no fees will be charged. (b) For each a commercial use request, fees will be limited to reasonable...


be followed in proceedings in which the Peace Corps is not a party, whenever a subpoena, order or other demand (collectively referred to as a ``demand'') of a court or...


Procedures 304.2 Administrative claim; when presented; appropriate Peace Corps Office. 304.3 Administrative claim; who may...


have been presented when the Peace Corps receives, at a place designated in paragraph (b) of this section, an executed ``Claim for Damages or Injury,'' Standard Form 95, or...


duly authorized agent, or his legal representative. (b) A claim for personal injury may be presented by the injured person, his duly authorized agent, or his...


pain and suffering, the claimant may be required to submit the following evidence or information: (1) A written report by his attending physician or dentist...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR304.5] [Page 21] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 304_CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT--Table of Contents Sec. 304.5 Investigations. The Peace Corps may investigate, or the General Counsel may request any other Federal agency to investigate, a claim filed under this subpart. ...


the head of the office concerned and ask him to designate one employee of that office who shall act as, and who shall be referred to herein as, the Claims Investigating Officer...


settle claims under section 2672 of title 28, United States Code, and this subpart, subject to Sec. 304.8, has been retained by the Director of the...


this subpart in excess of $25,000 may be effected only with the prior written approval of the Attorney General or his designee. For the purpose of this paragraph, a...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR304.9] [Page 21-22] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 304_CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT--Table of Contents Sec. 304.9 Referral to Department of Justice. When Department of Justice approval or consultation is required under Sec. 304.8, the referral or request shall be transmitted to the Department [[Page 22]] of Justice by the General Counsel pursuant to 28 CFR 14.7 (1968). ...


all supporting papers are contained in the file. (b) After legal review and recommendation by the General Counsel, the Director of the Peace Corps will make a...


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


for Damage or Injury,'' Standard From 95; and (2) a ``Voucher for Payment,'' Standard Form 1145, as appropriate. When a claimant is represented by an attorney, the voucher...


Selection standards. 305.5 Procedures. Authority: Sec. 4(b), 5(a) and 22, 75 Stat. 612, 22 U.S.C. 2504; E.O. 12137, May 16, 1979, sec....


following are the basic requirements that an applicant must satisfy in order to receive an invitation to train for Peace Corps Volunteer service. (a) Citizenship....


the national interest, no applicant is eligible for Peace Corps Volunteer service without a background investigation. The Peace Corps requires that all applicants accepted...


they possess the following personal attributes: (a) Motivation. A sincere desire to carry out the goals of Peace Corps service, and a commitment to serve a full term as...


origin, religion, age, sex, handicap or political affiliation in the application of any provision of this part are contained in MS 293 (45 CFR part...


regarding changes in systems. 308.7 Use of social security account number in records systems. [Reserved] 308.8 Rules of conduct. 308.9...


information in any records system and to provide appropriate and complete access to such records including adequate opportunity to correct any errors in said records. It...


to information regarding education, financial transactions, medical history, criminal or employment history, or any other personal information which contains the name...


individual to whom the record pertains, or to another agency, without the express written consent of [[Page 26]] the individual to whom the record pertains, or...


system of records maintained by it with an opportunity for public comments on such use. Such notice shall contain the following: (a) The name of the system of records for...


establish or alter any system of records as defined herein. This report will be submitted in accord with guidelines provided by the Office...


of records as defined herein are informed of all requirements necessary to protect the privacy of individuals who are the subject of such records. All employees shall...


of all records keeping systems and shall be responsible for monitoring the security standards set forth in these regulations. (b) A designated official (System...


security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems. These security safeguards shall apply to all systems in...


through (e) of this section) for all records within such system in the form prescribed by the Director, Office of Administrative Services. Disclosure made to employees...


an individual as is accurate, relevant, and necessary to accomplish the purpose for which the agency acquired the information as authorized by statute...


in accordance with the provisions of these regulations. (b) Individuals requesting access to any record the agency maintains about him or her in a system of records...


exempt from disclosure: Provided, however, That no such exemption shall apply to the provisions of Sec. 308.12(a) (maintaining records with accuracy, completeness, etc....


are not disclosed to persons not entitled to such access. (a) In the event an individual requests disclosure in person, such individual shall be required to show...


or she may do so by submitting such written request to the Director, Administrative Services, Peace Corps, 806 Connecticut Avenue, NW., Washington, DC 20526. The...


such individual pursuant to provisions of the Privacy Act or of these regulations, a response to the original request shall be made in writing within ten working days after...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR308.18] [Page 34] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 308_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents Sec. 308.18 Fees. No fees shall be charged for search time or for any other time expended by the agency to produce a record. Copies of records may be charged for at the rate of 10 cents per page provided that one copy of any record shall be provided free of charge. ...


Definitions. 309.4 Interest, penalties, and administrative costs. 309.5 Designation. Subpart B_Salary...


otherwise provided by law, Peace Corps will conduct administrative actions to collect claims (including offset, compromise, [[Page 35]] suspension,...


elsewhere in this part) the following definitions shall apply: (a) Agency means: (1) An Executive Agency as defined by section 105 of title 5, United...


accordance with FCCS, Peace Corps will assess: (1) Interest on unpaid claims in accordance with existing Treasury rules and regulations, unless the agency determines that...


vested in the Chief Financial Officer, are designated to perform all the duties for which the Director is responsible under the foregoing statutes and Joint...


approach to the collection of debts due the United States Government. This subpart implements section 5 thereof which authorizes the collection of debts owed by...


pay to satisfy certain past due debts owed the United States Government. (b) This subpart applies to collections by the Peace Corps from: (1) Federal employees who...


Peace Corps is owed a debt by an individual currently employed by another agency; (b) The Peace Corps is owed a debt by an individual who is a current employee of the...


requesting waiver of an overpayment under 5 U.S.C. 5584 or 8346(b), 10 U.S.C. 2774, 32 U.S.C. 716, or in any way questioning the amount or validity of a debt by submitting...


the creditor agency first provides the employee with written notice that he/she owes a debt to the Federal Government at least 30 calendar days before salary offset is to...


review concerning the existence or amount of the debt or the proposed offset schedule must send a request to the office designated in the notice of intent. See...


agency in all cases where: (1) The hearing official determines that a debt exists; (2) The employee admits the existence and amount of the debt by failing to request...


employee may propose a written agreement to repay the debt as an alternative to salary offset. Any employee who wishes to repay a debt without salary offset shall submit...


a special review by the creditor agency of the amount of the salary offset or voluntary payment, based on materially changed circumstances such as, but not limited...


will send the employee a written notice of salary offset. Such notice shall, at a minimum: (1) Contain a copy of the certification received from the creditor...


(b) The payroll office shall determine the amount of the employee's disposable pay and will implement the salary offset. (c) Deductions shall begin within 3...


(1) The Director or Director's designee shall coordinate debt collections and shall, as appropriate: (i) Arrange for a hearing upon proper petition by a federal...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR309.18] [Page 43] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 309_CLAIMS COLLECTION--Table of Contents Subpart B_Salary Offset Sec. 309.18 Interest, penalties and administrative costs. The Peace Corps shall assess interest, penalties and administrative costs on debts owed pursuant to 31 U.S.C. 3717 and 4 CFR 102.13. ...


under the authority of 5 U.S.C. 5514 when: (1) The debt is waived or otherwise found not to be owed to the United States; or (2) An administrative or...


official upon request of the creditor agency when the debtor is employed by the Peace Corps and the creditor agency cannot provide a prompt and appropriate hearing before...


under this subpart shall not [[Page 44]] be construed as a waiver of any rights which the employee may have under 5 U.S.C. 5514 or any other provision of a...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR309.22] [Page 44] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 309_CLAIMS COLLECTION--Table of Contents Subpart C_Tax Refund Offset Sec. 309.22 Applicability and scope. This subpart implements 31 U.S.C. 3720A which authorizes the Internal Revenue Service (IRS) to reduce a tax refund by the amount of a past-due legally enforceable debt owed to the United States. ...


the IRS is a debt which is owed to the United States and: (a) Except in the case of a judgment debt, has been delinquent for at least 3 months and will not have been...


Memorandum of Understanding (MOU or agreement) means the agreement between the IRS and the Peace Corps which prescribes the specific conditions the Peace Corps must...


the IRS within the time frame prescribed by the Commissioner of the IRS to enable the Commissioner to make a final determination as to the Peace Corps' participation in the...


matters regarding the offset program. (b) The Peace Corps shall ensure that: (1) Only those past-due legally enforceable debts described in Sec. 309.23...


refunds otherwise payable, only such past-due legally enforceable debts owed to the Peace Corps: (1) That are eligible for offset under the terms of 31 U.S.C....


individual that: (1) The debt is past due; and (2) Unless repaid within 60 days thereafter, the debt will be referred to the IRS for offset against any refund...


States arising from transactions with the Peace Corps. Administrative offset is authorized under section 5 of the Federal Claims Collection Act of 1966, as amended by the...


the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government. (b) Person includes a natural person or...


administrative offset on a case-by-case basis for each claim established. The Director (or designee) will consider the following issues in making a determination to collect a...


initiate immediate collection before starting the formal notification process. (b) In cases where written agreement to collect cannot be obtained from the debtor, a...


the proposed effective date specified in the notice, the Peace Corps may take further action under this part or the FCCS under 4 CFR parts 101 through 105. Peace Corps may collect...


repayment. A request to review a disputed debt must be submitted to the Peace Corps official who provided notification within 30 calendar days of the receipt of the written...


statute, consideration must be given to a request to waive the indebtedness; (ii) The debtor requests waiver of the indebtedness; and (iii) The waiver determination rests...


has discretion and should use sound judgment to determine whether to accept a repayment agreement in place of offset. If the debt is delinquent and the debtor has not...


time specified in Sec. 309.34, or if as a result of the review, it is determined that the debt is due and no written agreement is executed, then administrative offset shall...


that are due and payable to a debtor from the Civil Service Retirement and Disability Fund, the Foreign Service Retirement Fund or any other Federal retirement fund...


the debtor prior to the completion of the procedures required by Sec. 309.32(c) of this subpart if failure to take the offset would...


Peace Corps may report delinquent debts to consumer reporting agencies (see 31 U.S.C. 3701(a)(3)). Sixty days prior to release of information to a consumer reporting agency,...


has authority to contract for collection services to recover delinquent debts in accordance with 31 U.S.C. 3718(c) and the FCCS (4 CFR 102.6). (b) Peace Corps will...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR309.42] [Page 50] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 309_CLAIMS COLLECTION--Table of Contents Subpart F_Compromise, Suspension or Termination and Referral of Claims Sec. 309.42 Compromise. Peace Corps may attempt to effect compromise in accordance with the standards set forth in part 103 of the FCCS (4 CFR part 103). ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR309.43] [Page 50] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 309_CLAIMS COLLECTION--Table of Contents Subpart F_Compromise, Suspension or Termination and Referral of Claims Sec. 309.43 Suspending or terminating collection. Suspension or termination of collection action shall be made in accordance with the standards set forth in Part 104 of the FCCS (4 CFR 104) ...


cannot be collected, compromised or on [[Page 51]] which collection action cannot be suspended or terminated under parts 103 and 104 of the FCCS (4 CFR parts...


terms in this part have special meanings? Subpart A_General 310.100 What does this part do? 310.105 Does this part apply...


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 ``I''...


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...


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


apply to you if you are a(n)-- (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) A...


With the exceptions stated in Sec. Sec. 310.120, 310.315, and 310.420, a person who is excluded by the Peace Corps or any other Federal agency may not: (a) Be...


(a) The Peace Corps Director or designee may grant an exception permitting an excluded person to participate in a particular covered transaction. If the...


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...


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 ineligible...


transaction? Given a cause that justifies an exclusion under this part, we may exclude any person who has been involved, is currently involved, or...


(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 this...


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


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 a...


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


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.210] [Page 56] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart B_Covered Transactions Sec. 310.210 Which nonprocurement transactions are covered transactions? All nonprocurement transactions, as defined in Sec. 310.970, are covered transactions unless listed in Sec. 310.215. (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 governmental entity; (2)...


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


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


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


person? (a) You as a participant may not enter into a covered transaction with an excluded person, unless the Peace Corps grants an exception under...


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


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...


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


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-- ...


with the Peace Corps? Before you enter into a covered transaction at the primary tier, you as the participant must notify the Peace Corps office that...


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


310.335? If we later determine that you failed to disclose information under Sec. 310.335 that you knew at the time you entered into the covered transaction,...


after entering into a covered transaction with the Peace Corps? At any time after you enter into a covered transaction, you must give immediate written notice...


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 lower...


Sec. 310.355? 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 entered into...


310.355 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 transaction with an excluded or disqualified person? (a) You as an agency official may not enter into a covered transaction with an excluded person unless...


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


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


if a Federal agency excludes the participant or a principal after I enter into a covered transaction? (a) You as an agency official may continue covered transactions with...


transaction with an excluded or disqualified person at a lower tier? If a transaction at a lower tier is subject to your approval, you as an agency official may...


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


see if a person is excluded or disqualified? You check to see if a person is excluded or disqualified in two ways: (a) You as an agency official must check the...


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


I use to communicate those requirements to participants? To communicate the requirements to participants, you must include a term or condition in the transaction...


I take if a primary tier participant knowingly does business with an excluded or disqualified person? If a participant knowingly does business with an excluded...


I take if a primary tier participant fails to disclose the information required under Sec. 310.335? If you as an agency official determine that a participant failed...


a lower tier participant fails to disclose the information required under Sec. 310.355 to the next higher tier? If you as an agency official determine that a lower...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.500] [Page 60] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart E_Excluded Parties List System Sec. 310.500 What is the purpose of the Excluded Parties List System (EPLS)? The EPLS is a widely available source of the most current information about persons who are excluded or disqualified from covered transactions. ...


determine whether to enter into a transaction with a person, as required under Sec. 310.430. (b) Participants also may, but are not required to, use the EPLS to...


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


EPLS indicates-- [[Page 61]] (1) The full name (where available) and address of each excluded or disqualified person, in alphabetical order, with cross...


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


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 of...


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 the...


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


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


the Peace Corps use in suspension and debarment actions? In deciding whether to suspend or debar you, we handle the actions as informally as practicable,...


Corps notify a person of a suspension or debarment action? (a) The suspending or debarring official sends a written notice to the last known street address,...


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


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


impute conduct of one person to another? For purposes of actions taken under this rule, we may impute conduct as follows: (a) Conduct imputed from an...


settle a debarment or suspension action? Yes, we may settle a debarment or suspension action at any time if it is in the best interest of the...


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...


know if the Peace Corps agrees to a voluntary exclusion? (a) Yes, we enter information regarding a voluntary exclusion into the EPLS. (b) Also, any...


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 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.710] [Page 63] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart G_Suspension Sec. 310.710 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...


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...


or your representative must either send, or make rrangements to appear and present, the information and argument to the suspending official within 30 days after you receive the...


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


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 official is...


(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 the record. ...


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


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 official...


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 or...


After consideration of the causes in Sec. 310.800 of this subpart, if the debarring official proposes to debar you, the official sends you a Notice of Proposed...


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


contest a proposed debarment, you or your [[Page 67]] representative must provide the debarring official with information in opposition to the proposed...


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 you...


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


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


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, the...


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


(a) The debarring official may debar you for any of the causes in Sec. 310.800. However, the official need not debar you even if a cause for debarment exists. The official...


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, the...


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...


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. The...


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 three...


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 [[Page 70]] the debarment decision or to reduce the time period or scope of...


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


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


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.900] [Page 70] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.900 Adequate evidence. Adequate evidence means information sufficient to support the reasonable belief that a particular act or omission has occurred. ...


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 include, but...


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


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.915] [Page 70] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.915 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. ...


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


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) Any...


subpart H of this part to exclude a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1)....


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


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


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...


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


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.955] [Page 71] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.955 Indictment. Indictment means an indictment for a criminal offense. A presentment, information, or other filing by a competent authority charging a criminal offense shall be given the same effect as an indictment. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.960] [Page 71] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.960 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...


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 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.975] [Page 71] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.975 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. 310. 615.) ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.980] [Page 71-72] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.980 Participant. Participant means any person who submits a proposal for or who enters into a covered transaction, including [[Page 72]] an agent or representative of a participant. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.985] [Page 72] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.985 Person. Person means any individual, corporation, partnership, association, unit of government, or legal entity, however organized. ...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.990] [Page 72] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.990 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. ...


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


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR310.1000] [Page 72] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 310_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT). --Table of Contents Subpart I_Definitions Sec. 310.1000 Respondent. Respondent means a person against whom an agency has initiated a debarment or suspension action. ...


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


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


subpart G of this part that immediately prohibits a person from participating in covered transactions and transactions covered under the Federal Acquisition Regulation (48...


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 governmentwide effect. ...


on use of funds. 311.105 Definitions. 311.110 Certification and disclosure. Subpart B_Activities by Own Employees 311.200 Agency...


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


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


311.100 (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 Federal contract,...


Sec. 311.100 (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 Federal contract,...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR311.210] [Page 78] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 311_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B_Activities by Own Employees Sec. 311.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


in Sec. 311.100 (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 a...


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 (see appendix...


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 are...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR311.410] [Page 79] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 311_NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D_Penalties and Enforcement Sec. 311.410 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. ...


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


(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 report containing...


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 the compliance...


Subpart A_Purpose and Coverage Sec. 312.100 What does this part do? 312.105 Does this part apply to me? 312.110 Are any of my federal assistance awards exempt...


apply to you if you are either-- (1) A recipient of an assistance award from the Peace Corps; or (2) A(n) Peace Corps awarding official. (See definitions of award...


This part does not apply to any award that the Peace Corps Director or designee determines that the application of this part would be inconsistent with the...


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. 312. 510(c)....


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 basis, to...


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


You must require that a copy of the statement described in Sec. 312.205 be given to each employee who will be engaged in the performance of any...


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


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. 312.205 and...


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 the workplace: ...


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


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


awarding official? As a(n) Peace Corps awarding official, you must obtain each recipient's agreement, as a condition of the award, to comply with...


than individuals? A recipient other than an individual is in violation of the requirements of this part if the Peace Corps Director or...


are individuals? An individual recipient is in violation of the requirements of this part if the Peace Corps Director or designee determines, in...


recipient determined to have violated this part? If a recipient is determined to have violated this part, as described in Sec. 312.500 or Sec. 312.505, the Peace...


The Peace Corps Director may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension...


by the Peace Corps or other Federal agency directly to a recipient. (a) The term award includes: (1) A Federal grant or cooperative agreement, in the form of...


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...


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


award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in Sec....


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR312.625] [Page 89] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 312_GOVERNMENTWIDE REQUIREMENTS FOR DRUG_FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 312.625 Criminal drug statute. Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance. ...


to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred,...


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 manufacture,...


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


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


consistent with 31 U.S.C. 6304, is used to enter into a relationship-- [[Page 90]] (a) The principal purpose of which is to transfer a thing of value...


[Code of Federal Regulations] [Title 22, Volume 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR312.655] [Page 90] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 312_GOVERNMENTWIDE REQUIREMENTS FOR DRUG_FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 312.655 Individual. Individual means a natural person. ...


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 2] [Revised as of April 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR312.665] [Page 90] TITLE 22--FOREIGN RELATIONS CHAPTER III--PEACE CORPS PART 312_GOVERNMENTWIDE REQUIREMENTS FOR DRUG_FREE WORKPLACE (FINANCIAL ASSISTANCE)--Table of Contents Subpart F_Definitions Sec. 312.665 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. ...


agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary...




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