{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 513 sorted by section_id", "rows": [["28:28:2.0.3.1.8.2.123.1", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "B", "Subpart B\u2014Production or Disclosure of FBI/NCIC Information", "", "\u00a7 513.10 Purpose and scope.", "BOP", "", "", "", "This subpart describes the procedures to be followed by an inmate who requests a copy of his or her FBI identification record or National Crime Information Center Interstate Identification Index (NCIC/III) record and references the procedures to follow in order to challenge the contents of such record."], ["28:28:2.0.3.1.8.2.123.2", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "B", "Subpart B\u2014Production or Disclosure of FBI/NCIC Information", "", "\u00a7 513.11 Procedures for requesting a FBI identification record or a NCIC/III record.", "BOP", "", "", "", "(a)  FBI identification record.  (1) An inmate may request a copy of his or her current FBI identification record directly from the FBI by following the procedure outlined in 28 CFR 16.30 through 16.34.\n\n(i) Bureau of Prisons staff shall assist the inmate to obtain the fingerprint impressions required to be submitted with such an application.\n\n(ii) The inmate may direct that funds be withdrawn from his or her institution account to pay the applicable fee.\n\n(2) An inmate may request a copy of his or her FBI identification record from institution staff.\n\n(i) If the requested FBI identification record is in the inmate's institution file, staff shall provide the inmate with a copy.\n\n(ii) If the requested FBI identification record is not in the inmate's institution file, staff shall direct the inmate to the procedure referenced in paragraph (a)(1) of this section.\n\n(b)  NCIC/III identification record.  An inmate who wishes to obtain a copy of his or her NCIC/III record must submit a written request to the FBI. The procedures outlined in 28 CFR 16.32, 16.33, and paragraphs (a)(1)(i) and (ii) of this section apply to such request."], ["28:28:2.0.3.1.8.2.123.3", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "B", "Subpart B\u2014Production or Disclosure of FBI/NCIC Information", "", "\u00a7 513.12 Inmate request for record clarification.", "BOP", "", "", "", "Where the inmate believes that his or her FBI identification record is incorrect or inaccurate, the inmate may follow procedures outlined in 28 CFR 16.34. The procedures in 28 CFR 16.34 also apply for the clarification of an inmate's NCIC/III record."], ["28:28:2.0.3.1.8.3.123.1", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "C", "Subpart C\u2014Release of Information to Law Enforcement Agencies", "", "\u00a7 513.20 Release of information to law enforcement agencies.", "BOP", "", "", "[53 FR 15538, Apr. 29, 1988]", "(a) The Bureau of Prisons will provide to the head of any law enforcement agency of a state or of a unit of local government in a state information on federal prisoners who have been convicted of felony offenses and who are confined at a residential community treatment center located in the geographical area in which the requesting agency has jurisdiction. Law enforcement personnel interested in obtaining this information must forward a written request to the appropriate Regional Community Programs Administrator (see 28 CFR part 503 for the mailing address). The type of information that the Bureau of Prisons may provide is set forth in 18 U.S.C. 4082(f). That information includes: names, dates of birth, FBI numbers, nature of the offenses against the United States, fingerprints, photographs, and the designated community treatment centers, with prospective dates of release.\n\n(b) Any law enforcement agency which receives information under this rule may not disseminate such information outside of such agency. If an agency disseminates information contrary to this restriction, the Bureau of Prisons may terminate or suspend release of information to that agency."], ["28:28:2.0.3.1.8.4.123.1", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.30 Purpose and scope.", "BOP", "", "", "", "This subpart establishes procedures for the release of requested records in possession of the Federal Bureau of Prisons (\u201cBureau\u201d). It is intended to implement provisions of the Freedom of Information Act (FOIA), 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a, and to supplement Department of Justice (DOJ) regulations concerning the production or disclosure of records or information, 28 CFR part 16."], ["28:28:2.0.3.1.8.4.123.2", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.31 Limitations.", "BOP", "", "", "", "(a)  Social Security Numbers.  As of September 27, 1975, Social Security Numbers may not be used in their entirety as a method of identification for any Bureau record system, unless such use is authorized by statute or by regulation adopted prior to January 1, 1975.\n\n(b)  Employee records.  Access and amendment of employee personnel records under the Privacy Act are governed by Office of Personnel Management regulations published in 5 CFR part 297 and by Department of Justice regulations published in 28 CFR part 16."], ["28:28:2.0.3.1.8.4.123.3", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.32 Guidelines for disclosure.", "BOP", "", "", "", "The Bureau provides for the disclosure of agency information pursuant to applicable laws, e.g. the Freedom of Information Act (5 U.S.C. 552), and the Privacy Act (5 U.S.C. 552a)."], ["28:28:2.0.3.1.8.4.123.4", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.33 Production of records in court.", "BOP", "", "", "", "Bureau records are often sought by subpoena, court order, or other court demand, in connection with court proceedings. The Attorney General has directed that these records may not be produced in court without the approval of the Attorney General or his or her designee. The guidelines are set forth in 28 CFR part 16, subpart B."], ["28:28:2.0.3.1.8.4.123.5", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.34 Protection of individual privacy\u2014disclosure of records to third parties.", "BOP", "", "", "", "(a) Information that concerns an individual and is contained in a system of records maintained by the Bureau shall not be disclosed to any person, or to another agency except under the provisions of the Privacy Act, 5 U.S.C. 552a, the Freedom of Information Act, 5 U.S.C. 552, and Departmental regulations.\n\n(b) Lists of Bureau inmates shall not be disclosed."], ["28:28:2.0.3.1.8.4.123.6", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.35 Accounting/nonaccounting of disclosures to third parties.", "BOP", "", "", "", "Accounting/nonaccounting of disclosures to third parties shall be made in accordance with Department of Justice regulations contained in 28 CFR 16.52."], ["28:28:2.0.3.1.8.4.123.7", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.36 Government contractors.", "BOP", "", "", "", "(a) No Bureau component may contract for the operation of a record system by or on behalf of the Bureau without the express written approval of the Director or the Director's designee.\n\n(b) Any contract which is approved shall contain the standard contract requirements promulgated by the General Services Administration (GSA) to ensure compliance with the requirements imposed by the Privacy Act. The contracting component shall have the responsibility to ensure that the contractor complies with the contract requirements relating to privacy."], ["28:28:2.0.3.1.8.4.124.10", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.42 Inmate access to medical records.", "BOP", "", "", "", "(a) Except for the limitations of paragraphs (c) and (d) of this section, an inmate may review records from his or her medical file (including dental records) by submitting a request to a staff member designated by the Warden.\n\n(b) Laboratory reports which contain only scientific testing results and which contain no staff evaluation or opinion (such as Standard Form 514A, Urinalysis) are ordinarily disclosable. Lab results of HIV testing may be reviewed by the inmate. However, an inmate may not retain a copy of his or her test results while the inmate is confined in a Bureau facility or a Community Corrections Center. A copy of an inmate's HIV test results may be forwarded to a third party outside the institution and chosen by the inmate, provided that the inmate gives written authorization for the disclosure.\n\n(c) Medical records containing subjective evaluations and opinions of medical staff relating to the inmate's care and treatment will be provided to the inmate only after the staff review required by paragraph (d) of this section. These records include, but are not limited to, outpatient notes, consultation reports, narrative summaries or reports by a specialist, operative reports by the physician, summaries by specialists as the result of laboratory analysis, or in-patient progress reports.\n\n(d) Prior to release to the inmate, records described in paragraph (c) of this section shall be reviewed by staff to determine if the release of this information would present a harm to either the inmate or other individuals. Any records determined not to present a harm will be released to the inmate at the conclusion of the review by staff. If any records are determined by staff not to be releasable based upon the presence of harm, the inmate will be so advised in writing and provided the address of the agency component to which the inmate may address a formal request for the withheld records. An accounting of any medical records will be maintained in the inmate's medical file."], ["28:28:2.0.3.1.8.4.124.11", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.43 Inmate access to certain Bureau Program Statements.", "BOP", "", "", "", "Inmates are encouraged to use the simple local access procedures described in this section to review certain Bureau Program Statements, rather than the FOIA procedures described in \u00a7\u00a7 513.60 through 513.68 of this subpart.\n\n(a) For a current Bureau Program Statement containing rules (regulations published in the  Federal Register  and codified in 28 CFR), local access is available through the institution law library.\n\n(b) For a current Bureau Program Statement not containing rules (regulations published in the  Federal Register  and codified in 28 CFR), inmates may request that it be placed in the institution law library. Placement of a requested Program Statement in the law library is within the discretion of the Warden, based upon local institution conditions.\n\n(c) Inmates are responsible for the costs of making personal copies of any Program Statements maintained in the institution law library. For copies of Program Statements obtained under the FOIA procedures described in \u00a7\u00a7 513.60 through 513.68 of this subpart, fees will be calculated in accordance with 28 CFR 16.10."], ["28:28:2.0.3.1.8.4.124.12", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.44 Fees for copies of Inmate Central File and Medical Records.", "BOP", "", "", "", "Within a reasonable time after a request, Bureau staff are to provide an inmate personal copies of requested disclosable documents maintained in the Inmate Central File and Medical Record. Fees for the copies are to be calculated in accordance with 28 CFR 16.10."], ["28:28:2.0.3.1.8.4.124.8", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.40 Inmate access to Inmate Central File.", "BOP", "", "", "", "Inmates are encouraged to use the simple access procedures described in this section to review disclosable records maintained in his or her Inmate Central File, rather than the FOIA procedures described in \u00a7\u00a7 513.60 through 513.68 of this subpart. Disclosable records in the Inmate Central File include, but are not limited to, documents relating to the inmate's sentence, detainer, participation in Bureau programs such as the Inmate Financial Responsibility Program, classification data, parole information, mail, visits, property, conduct, work, release processing, and general correspondence. This information is available without filing a FOIA request. If any information is withheld from the inmate, staff will provide the inmate with a general description of that information and also will notify the inmate that he or she may file a FOIA request.\n\n(a)  Inmate review of his or her Inmate Central File.  An inmate may at any time request to review all disclosable portions of his or her Inmate Central File by submitting a request to a staff member designated by the Warden. Staff are to acknowledge the request and schedule the inmate, as promptly as is practical, for a review of the file at a time which will not disrupt institution operations.\n\n(b)  Procedures for inmate review of his or her Inmate Central File.  (1) Prior to the inmate's review of the file, staff are to remove the Privacy Folder which contains documents withheld from disclosure pursuant to \u00a7 513.32.\n\n(2) During the file review, the inmate is to be under direct and constant supervision by staff. The staff member monitoring the review shall enter the date of the inmate's file review on the Inmate Activity Record and initial the entry. Staff shall ask the inmate to initial the entry also, and if the inmate refuses to do so, shall enter a notation to that effect.\n\n(3) Staff shall advise the inmate if there are documents withheld from disclosure and, if so, shall advise the inmate of the inmate's right under the provisions of \u00a7 513.61 to make a FOIA request for the withheld documents."], ["28:28:2.0.3.1.8.4.124.9", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.41 Inmate access to Inmate Central File in connection with parole hearings.", "BOP", "", "", "", "A parole-eligible inmate (an inmate who is currently serving a sentence for an offense committed prior to November 1, 1987) may review disclosable portions of the Inmate Central File prior to the inmate's parole hearing, under the general procedures set forth in \u00a7 513.40. In addition, the following guidelines apply:\n\n(a) A parole-eligible inmate may request to review his or her Inmate Central File by submitting the appropriate Parole Commission form. This form ordinarily shall be available to each eligible inmate within five work days after a list of eligible inmates is prepared.\n\n(b) Bureau staff ordinarily shall schedule an eligible inmate for a requested Inmate Central File review within seven work days of the request after the inmate has been scheduled for a parole hearing. A reasonable extension of time is permitted for documents which have been provided (prior to the inmate's request) to originating agencies for clearance, or which are otherwise not available at the institution.\n\n(c) A report received from another agency which is determined to be nondisclosable (see \u00a7 513.40(b)) will be summarized by that agency, in accordance with Parole Commission regulations. Bureau staff shall place the summary in the appropriate disclosable section of the Inmate Central File. The original report (or portion which is summarized in another document) will be placed in the portion of the Privacy File for Joint Use by the Bureau and the Parole Commission.\n\n(d) Bureau documents which are determined to be nondisclosable to the inmate will be summarized for the inmate's review. A copy of the summary will be placed in the disclosable section of the Inmate Central File. The document from which the summary is taken will be placed in the Joint Use Section of the Privacy Folder. Nondisclosable documents not summarized for the inmate's review are not available to the Parole Commission and are placed in a nondisclosable section of the Inmate Central File.\n\n(e) When no response regarding disclosure has been received from an originating agency in time for inmate review prior to the parole hearing, Bureau staff are to inform the Parole Commission Hearing Examiner."], ["28:28:2.0.3.1.8.4.125.13", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.50 Privacy Act requests by inmates.", "BOP", "", "", "", "Because inmate records are exempt from disclosure under the Privacy Act (see 28 CFR 16.97), inmate requests for records under the Privacy Act will be processed in accordance with the FOIA. See \u00a7\u00a7 513.61 through 513.68."], ["28:28:2.0.3.1.8.4.126.14", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.60 Freedom of Information Act requests.", "BOP", "", "", "", "Requests for any Bureau record (including Program Statements and Operations Memoranda) ordinarily shall be processed pursuant to the Freedom of Information Act, 5 U.S.C. 552. Such a request must be made in writing and addressed to the Director, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C. 20534. The requester shall clearly mark on the face of the letter and the envelope \u201cFREEDOM OF INFORMATION REQUEST,\u201d and shall clearly describe the records sought. See \u00a7\u00a7 513.61 through 513.63 for additional requirements."], ["28:28:2.0.3.1.8.4.126.15", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.61 Freedom of Information Act requests by inmates.", "BOP", "", "", "", "(a) Inmates are encouraged to use the simple access procedures described in \u00a7 513.40 to review disclosable records maintained in his or her Inmate Central File.\n\n(b) An inmate may make a request for access to documents in his or her Inmate Central File or Medical File (including documents which have been withheld from disclosure during the inmate's review of his or her Inmate Central File pursuant to \u00a7 513.40) and/or other documents concerning the inmate which are not contained in the Inmate Central File or Medical File. Staff shall process such a request pursuant to the applicable provisions of the Freedom of Information Act, 5 U.S.C. 552.\n\n(c) The inmate requester shall clearly mark on the face of the letter and on the envelope \u201cFREEDOM OF INFORMATION ACT REQUEST\u201d, and shall clearly describe the records sought, including the approximate dates covered by the record. An inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, if the inmate requests documents to be sent to a third party, the inmate must provide with the request an example of his or her signature, which must be verified and dated within three (3) months of the date of the request."], ["28:28:2.0.3.1.8.4.126.16", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.62 Freedom of Information Act requests by former inmates.", "BOP", "", "", "", "Former federal inmates may request copies of their Bureau records by writing to the Director, Federal Bureau of Prisons, 320 First Street, NW., Washington, D.C. 20534. Such requests shall be processed pursuant to the provisions of the Freedom of Information Act. The request must be clearly marked on the face of the letter and on the envelope \u201cFREEDOM OF INFORMATION ACT REQUEST\u201d, and must describe the record sought, including the approximate dates covered by the record. A former inmate making such a request must provide his or her full name, current address, date and place of birth. In addition, the requester must provide with the request an example of his or her signature, which must be either notarized or sworn under penalty of perjury, and dated within three (3) months of the date of the request."], ["28:28:2.0.3.1.8.4.126.17", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.63 Freedom of Information Act requests on behalf of an inmate or former inmate.", "BOP", "", "", "", "A request for records concerning an inmate or former inmate made by an authorized representative of that inmate or former inmate will be treated as in \u00a7 513.61, on receipt of the inmate's or former inmate's written authorization. This authorization must be dated within three (3) months of the date of the request letter. Identification data, as listed in 28 CFR 16.41, must be provided."], ["28:28:2.0.3.1.8.4.126.18", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.64 Acknowledgment of Freedom of Information Act requests.", "BOP", "", "", "", "(a) All requests for records under the Freedom of Information Act received by the FOI/PA Administrator, Office of General Counsel, will be reviewed and may be forwarded to the appropriate Regional Office for proper handling. Requests for records located at a Bureau facility other than the Central Office or Regional Office may be referred to the appropriate staff at that facility for proper handling.\n\n(b) The requester shall be notified of the status of his or her request by the office with final responsibility for processing the request."], ["28:28:2.0.3.1.8.4.126.19", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.65 Review of documents for Freedom of Information Act requests.", "BOP", "", "", "", "If a document is deemed to contain information exempt from disclosure, any reasonably segregable portion of the record shall be provided to the requester after deletion of the exempt portions. If documents, or portions of documents, in an Inmate Central File have been determined to be nondisclosable by institution staff but are later released by Regional or Central Office staff pursuant to a request under this section, appropriate instructions will be given to the institution to move those documents, or portions, from the Inmate Privacy Folder into the disclosable section of the Inmate Central File."], ["28:28:2.0.3.1.8.4.126.20", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.66 Denials and appeals of Freedom of Information Act requests.", "BOP", "", "", "", "If a request made pursuant to the Freedom of Information Act is denied in whole or in part, a denial letter must be issued and signed by the Director or his or her designee, and shall state the basis for denial under \u00a7 513.32. The requester who has been denied such access shall be advised that he or she may appeal that decision to the Office of Information and Privacy, U.S. Department of Justice, Suite 570, Flag Building, Washington, D.C. 20530. Both the envelope and the letter of appeal itself should be clearly marked: \u201cFreedom of Information Act Appeal.\u201d"], ["28:28:2.0.3.1.8.4.126.21", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.67 Fees for Freedom of Information Act requests.", "BOP", "", "", "", "Fees for copies of records disclosed under the FOIA, including fees for a requester's own records, may be charged in accordance with Department of Justice regulations contained in 28 CFR 16.10."], ["28:28:2.0.3.1.8.4.126.22", 28, "Judicial Administration", "V", "A", "513", "PART 513\u2014ACCESS TO RECORDS", "D", "Subpart D\u2014Release of Information", "", "\u00a7 513.68 Time limits for responses to Freedom of Information Act requests.", "BOP", "", "", "", "Consistent with sound administrative practice and the provisions of 28 CFR 16.1, the Bureau strives to comply with the time limits set forth in the Freedom of Information Act."], ["49:49:6.1.2.3.7.0.1.1", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.1 General.", "NHTSA", "", "", "", "This part 513 describes the whistleblower program established by the Agency to implement the Motor Vehicle Safety Whistleblower Act, 49 U.S.C. 30172, explains procedures that a potential whistleblower must follow to be eligible for an award, and the circumstances under which information that may reasonably be expected to reveal the identity of a whistleblower may be disclosed by the National Highway Traffic Safety Administration (NHTSA). Potential whistleblowers should read these procedures carefully because failure to take required steps in a timely fashion in conformance with these rules may result in disqualification from receiving an award. Questions about the whistleblower program or these rules should be directed to the NHTSA Office of the Chief Counsel at  NHTSAWhistleblower@dot.gov . Unless expressly provided for in this part, no person is authorized to make any offer or promise, or otherwise bind the Agency with respect to the payment of any award or the amount thereof, and any such offer or promise will not be honored."], ["49:49:6.1.2.3.7.0.1.10", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.10 Award determinations.", "NHTSA", "", "", "", "(a) Once the time for filing any appeals of the covered action (and all related actions) has expired, or where an appeal has been filed, after all appeals in the covered action and related actions have concluded, and over $1,000,000 in monetary sanctions have been collected, the Agency will evaluate all timely whistleblower award claims submitted on a WB-AWARD form in accordance with the criteria set forth in this part. The Agency may require the claimant to provide additional information relating to the claimant's eligibility for an award or satisfaction of any of the conditions for an award.\n\n(b) The determination of whether, to whom, or in what amount to make an award shall be in the discretion of the Administrator. In determining whether to grant an award to a whistleblower eligible for an award and the amount of an award, the Administrator shall take into consideration, as appropriate:\n\n(1) Whether a whistleblower reported or attempted to report the information internally to an applicable motor vehicle manufacturer, part supplier, or dealership;\n\n(2) The significance of the original information provided by the whistleblower to the successful resolution of the covered action;\n\n(3) The degree of assistance provided by the whistleblower and any legal representative of the whistleblower in the covered action;\n\n(4) The statutory purpose of incentivizing whistleblowers; and\n\n(5) The public interest or such additional factors as the Administrator considers relevant.\n\n(c) If the Administrator determines that an award is warranted, the Administrator shall determine the amount of such award or awards to one or more whistleblowers. Whistleblower awards shall be in an aggregate amount equal to\u2014\n\n(1) Not less than 10 percent, in total, of monetary sanctions collected in the covered action; and\n\n(2) Not more than 30 percent, in total, of monetary sanctions collected in the covered action.\n\n(d) Following the Administrator's determination, the Agency will send each whistleblower claimant an Order setting forth whether the claim is granted or denied, and if granted, setting forth the award amount. If the Administrator determines that an award is warranted, in no event will the total amount awarded to all whistleblowers in the aggregate be less than 10 percent or greater than 30 percent of the amount of monetary sanctions collected in the covered action.\n\n(e) No contract with the Agency is necessary for a whistleblower to receive an award."], ["49:49:6.1.2.3.7.0.1.11", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.11 Appeals of award determinations.", "NHTSA", "", "", "", "(a) A claimant may appeal any determination made by the Administrator under \u00a7 513.10 to an appropriate court of appeals of the United States not later than 30 days after the Order is issued by the Administrator.\n\n(1) If no claimant files an appeal within 30 days after the Order is issued by the Administrator, no appeals are permitted with respect to the claim that is the subject of the Order.\n\n(2) If any claimant appeals within 30 days after the Order is issued by the Administrator, no payments with respect to the covered action will be made until the appealed award determination action is concluded.\n\n(b) These rules do not entitle claimants to obtain from the Agency any privileged materials such as pre-decisional, attorney-client privileged, attorney work product privileged, or internal deliberative process materials related to the Administrator's Order and/or any privileged material relating to whether, to whom, and in what amount to make a whistleblower award.\n\n(c) The Agency may make redactions to the materials constituting the record as necessary, including but not limited to making redactions to comply with statutory restrictions, the Agency's enforcement and regulatory functions and regulations, and to comply with requests for confidential treatment from law enforcement, regulatory authorities, or persons submitting information to the Agency pursuant to 49 CFR part 512.\n\n(d) Pursuant to 49 U.S.C. 30172(h)(3), the court shall review the determination made by the Administrator in accordance with 5 U.S.C. 706."], ["49:49:6.1.2.3.7.0.1.12", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.12 Procedures applicable to the payment of awards.", "NHTSA", "", "", "", "(a) A recipient of a whistleblower award is entitled to payment on the award only to the extent that a monetary sanction upon which the award is based is collected in the covered action.\n\n(b) Payment of a whistleblower award for a monetary sanction collected in connection with a covered action shall be made within a reasonable time following the later of:\n\n(1) The date on which the monetary sanction totaling over $1,000,000 is collected; or\n\n(2) The completion of the appeals process for all award determination claims arising from the Administrator's Order relating to the covered action."], ["49:49:6.1.2.3.7.0.1.2", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.2 Definitions.", "NHTSA", "", "", "", "(a)  Statutory definitions.  All terms used in this part have the same meaning as in 49 U.S.C. 30102(a) or (b), unless otherwise defined in this part.\n\n(b)  Other terms.  As used in this part:\n\nAdministrative action.  The term \u201cadministrative action\u201d means all or a portion of an action, other than a judicial action, brought by the NHTSA or the U.S. Department of Transportation under 49 U.S.C. Chapter 301 that may result in civil penalties or other monetary payment paid to and collected by the United States government. It specifically includes settlement agreements and consent orders that are entered into by the Agency.\n\nAgency.  The term \u201cAgency\u201d refers to the National Highway Traffic Safety Administration (NHTSA).\n\nCollected monetary sanctions.  The term \u201ccollected monetary sanctions\u201d means monies, including penalties and interest, ordered or agreed to be paid and that have been collected by the United States, pursuant to the authority in 49 U.S.C. 30165 or under the authority of 49 U.S.C. 30170.\n\nContractor.  The term \u201ccontractor\u201d means an individual presently or formerly providing goods or services to a motor vehicle manufacturer, part supplier, or dealership pursuant to a contract.\n\nCovered action.  The term \u201ccovered action\u201d means any administrative or judicial action, including any related administrative or judicial action brought by the Secretary, NHTSA, or the Attorney General under 49 U.S.C. Chapter 301, or a regulation thereunder, that in the aggregate results in monetary sanctions exceeding $1,000,000. The over $1,000,000 threshold can be satisfied if the total amount of monetary sanctions paid by multiple defendants or parties and collected by the United States totals more than $1,000,000 in the covered action.\n\nDealership.  The term \u201cdealership\u201d means a person selling and distributing motor vehicles or motor vehicle equipment primarily to purchasers that in good faith purchase the vehicles or equipment other than for resale.\n\nEmployee.  The term \u201cemployee\u201d means an individual presently or formerly employed by a motor vehicle manufacturer, part supplier, or dealership.\n\nIndependent knowledge or analysis.  The term \u201cknowledge\u201d as used in this part means factual information in the potential whistleblower's possession that is not generally known or available to the public and is not already known to NHTSA. The potential whistleblower may gain independent knowledge from the potential whistleblower's experiences, communications, and observations in the potential whistleblower's business or social interactions. As used in this part, \u201canalysis\u201d means the potential whistleblower's examination and evaluation of information that may be generally or publicly available, but which reveals information that is not generally known or available to the public. This analysis must be the potential whistleblower's own analysis, whether done alone or in combination with others. NHTSA will not consider the potential whistleblower's information to be derived from the potential whistleblower's independent knowledge or analysis if the potential whistleblower obtained the information:\n\n(i) Solely through a communication that was subject to the attorney-client privilege or work product doctrine; or\n\n(ii) By a means or in a manner that has been determined by a United States federal court or state court to violate applicable federal or state criminal law.\n\nMotor vehicle defect.  The term \u201cmotor vehicle defect\u201d means a defect in a motor vehicle or item of motor vehicle equipment.\n\nNoncompliance.  A \u201cnoncompliance\u201d occurs when a motor vehicle or item of motor vehicle equipment does not comply with an applicable Federal Motor Vehicle Safety Standard.\n\nOriginal information.  The term \u201coriginal information\u201d means information that\u2014\n\n(i) Is derived from the independent knowledge or analysis of an individual;\n\n(ii) Is not known to the Secretary or Agency from any other source, unless the individual is the original source of the information;\n\n(iii) Is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information; and\n\n(iv) Is provided to the Agency for the first time after December 4, 2015.\n\nOriginal information that leads to a successful resolution.  The Agency will consider that the potential whistleblower provided original information that \u201cleads to\u201d a successful resolution of a covered action in the following circumstances:\n\n(i) The potential whistleblower gave the Agency original information that was sufficiently specific, credible and timely to cause the Agency to open an investigation, reopen an investigation that the Agency had closed, continue an investigation the Agency would not have continued but for the information, or to inquire concerning a different potential violation of Chapter 301, or a regulation thereunder, as part of a current investigation, and the U.S. Department of Transportation, Agency, or U.S Department of Justice brought a successful judicial or administrative action based in whole or in part on conduct that was the subject of the potential whistleblower's original information; or\n\n(ii) The potential whistleblower gave the Agency original information about conduct that was already under investigation by the Agency and the potential whistleblower's information significantly contributed to the success of the covered action and the U.S. Department of Transportation, Agency, or U.S. Department of Justice brought a judicial or administrative action that achieves a successful resolution based in whole or in part on conduct that was the subject of the potential whistleblower's original information.\n\nPart supplier.  The term \u201cpart supplier\u201d means a manufacturer of motor vehicle equipment.\n\nPotential whistleblower.  The term \u201cpotential whistleblower\u201d refers to an employee or contractor of a motor vehicle manufacturer, part supplier, or dealership submitting information to the Agency in accordance with and pursuant to this part.\n\nRelated administrative or judicial action.  The term \u201crelated administrative or judicial action\u201d means an action that was brought under 49 U.S.C. Chapter 301 by the U.S. Department of Justice, the U.S Department of Transportation, or the Agency and is based on the original information provided by the whistleblower.\n\nSecretary.  The term \u201cSecretary\u201d means the Secretary of Transportation.\n\nSuccessful resolution.  A successful resolution, when referring to any administrative or judicial action brought by the Secretary, Agency, or the Attorney General relating to any potential motor vehicle defect, potential noncompliance, or any violation or alleged violation of any notification or reporting requirement under 49 U.S.C. Chapter 301, or a regulation thereunder, which is likely to cause unreasonable risk of death or serious physical injury, includes any settlement of the action by the U.S. Department of Transportation, Agency or the U.S. Department of Justice or final decision or judgment in whole or in partial favor of the Agency, the U.S. Department of Transportation, or the U.S. Department of Justice.\n\nWhistleblower.  The term \u201cwhistleblower\u201d means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Agency original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of 49 U.S.C. Chapter 301, or a regulation thereunder, which is likely to cause unreasonable risk of death or serious physical injury."], ["49:49:6.1.2.3.7.0.1.3", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.3 Representation.", "NHTSA", "", "", "", "A whistleblower or potential whistleblower may be represented by a legal representative."], ["49:49:6.1.2.3.7.0.1.4", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.4 Procedures for submitting original information.", "NHTSA", "", "", "", "(a) A potential whistleblower's submission must be made by completing a WB-INFO form and submitting it to the Office of the Chief Counsel, National Highway Traffic Safety Administration, by email to  NHTSAWhistleblower@dot.gov  or other submission method expressly designated on NHTSA's website for such submissions.\n\n(b) By completing the WB-INFO form, the potential whistleblower must declare under penalty of perjury at the time the whistleblower submits information pursuant to paragraph (a) of this section that the information is true and correct to the best of the potential whistleblower's knowledge and belief.\n\n(c) A potential whistleblower may provide original information to the Agency anonymously through use of a legal representative. The legal representative must submit the information on behalf of the potential whistleblower pursuant to the procedures specified in paragraph (a) of this section. Prior to the legal representative's submission, the potential whistleblower must provide the legal representative with a completed WB-INFO form that the potential whistleblower has signed under the penalty of perjury. When the legal representative makes the submission on behalf of the potential whistleblower, the legal representative must certify that the legal representative:\n\n(1) Has verified the potential whistleblower's identity;\n\n(2) Has verified that the potential whistleblower is an employee or contractor of a motor vehicle manufacturer, part supplier, or dealership;\n\n(3) Has reviewed the potential whistleblower's signed WB-INFO form for accuracy and that the information contained therein is true and correct to the best of the legal representative's knowledge, information and belief; and\n\n(4) Has obtained the potential whistleblower's non-waivable consent to provide the Agency with the original WB-INFO form for the potential whistleblower in the event that the Agency requests it.\n\n(d) If a potential whistleblower submitted original information to the Agency after December 4, 2015 but before January 16, 2025, the submission will be deemed to satisfy the requirements set forth in paragraphs (a) and (b) of this section."], ["49:49:6.1.2.3.7.0.1.5", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.5 Confidentiality.", "NHTSA", "", "", "", "(a)  In general.  Notwithstanding 49 U.S.C. 30167, the Secretary and any officer or employee of the U.S. Department of Transportation shall not disclose any information, including information provided by a whistleblower to the Secretary, that could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of 5 U.S.C. 552a, unless:\n\n(1) Disclosure is required to a defendant or respondent in connection with a public proceeding instituted by the Secretary, the Agency, or any entity described in paragraph (c);\n\n(2) The whistleblower provides prior written consent for the information to be disclosed; or\n\n(3) The Secretary, or other officer or employee of the U.S. Department of Transportation, receives the information through another source, such as during an inspection or investigation under 49 U.S.C. 30166, and has the authority under other law to release the information.\n\n(b)  Use by Attorney General.  Notwithstanding paragraph (a) of this section, nothing in this section is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation.\n\n(c)  Availability to Federal Government agencies.  Notwithstanding paragraph (a) of this section, without the loss of its status as confidential in the hands of the Administrator, all information referred to in paragraph (a) of this section may, in the discretion of the Administrator, when determined by the Administrator to be necessary or appropriate to accomplish the purposes of 49 U.S.C. Chapter 301, be made available to the U.S. Department of Justice or an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction, provided that each entity shall maintain information as confidential in accordance with the requirements of paragraph (a).\n\n(d)  Redaction.  When disclosing any information under paragraph (a) of this section, the Secretary and any officer or employee of the U.S. Department of Transportation shall take reasonable measures not to reveal the identity of the whistleblower by taking measures not to reveal the whistleblower's name, and redacting the whistleblower's name when information is disclosed under paragraph (a).\n\n(e)  Section 552(b)(3)(B).  The identity of the whistleblower and the information provided to Secretary by the whistleblower shall be considered exempt from disclosure under the provisions of 5 U.S.C. 552 to the fullest extent permitted by law.\n\n(f)  The whistleblower.  The person should self-identify as a whistleblower at the time the person first submits original information relating to any potential motor vehicle defect, potential noncompliance, or any violation or alleged violation of any notification or reporting requirements under 49 U.S.C. Chapter 301 or a regulation thereunder by submitting a WB-INFO form. If the person is represented by a legal representative, that legal representative should identify the client as a whistleblower at the time the legal representative first submits original information relating to any potential motor vehicle defect, potential noncompliance, or any violation or alleged violation of any notification or reporting requirements under 49 U.S.C. Chapter 301 or regulation thereunder on behalf of the legal representative's client in the WB-INFO form."], ["49:49:6.1.2.3.7.0.1.6", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.6 Prerequisites to the consideration of an award.", "NHTSA", "", "", "", "(a) Subject to the eligibility requirements described in this part, NHTSA may, but is not required to, authorize payment of an award to one or more persons who:\n\n(1) Provide a voluntary submission to the Agency;\n\n(2) Provide in that submission original information relating to any potential motor vehicle defect, potential noncompliance, or any violation or alleged violation of any notification or reporting requirement of 49 U.S.C. Chapter 301 or a regulation thereunder, which is likely to cause unreasonable risk of death or serious physical injury; and\n\n(3) The original information provided in that submission leads to the successful resolution of a covered action.\n\n(b) To be eligible, the person must have given the Agency original information in the form and manner that the Agency requires in \u00a7 513.4. The Agency may, for good cause, waive this requirement."], ["49:49:6.1.2.3.7.0.1.7", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.7 Whistleblowers ineligible for an award.", "NHTSA", "", "", "", "No award under \u00a7 513.10 shall be made:\n\n(a) If the amount of monetary sanctions collected in a covered action does not exceed $1,000,000;\n\n(b) To any whistleblower who is convicted of a criminal violation by a United States federal or state court related to the covered action for which the whistleblower otherwise could receive an award under this part;\n\n(c) To any whistleblower who, acting without direction from an applicable motor vehicle manufacturer, part supplier, or dealership, or agent thereof, deliberately causes or substantially contributes to the alleged violation of a requirement of 49 U.S.C. Chapter 301 or a regulation thereunder;\n\n(d) To any whistleblower who submits information to the Agency that is based on the facts underlying the covered action submitted previously by another whistleblower;\n\n(e) To any whistleblower who fails to provide the original information to the Agency in the form required by \u00a7 513.4 without good cause shown;\n\n(f) To any whistleblower who knowingly and intentionally makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or\n\n(g) If the applicable motor vehicle manufacturer, parts supplier, or dealership has an internal reporting mechanism in place to protect employees from retaliation, to any whistleblower who fails to report or attempt to report the information through such mechanism, unless:\n\n(1) The whistleblower reasonably believed that such an internal report would have resulted in retaliation, notwithstanding 49 U.S.C. 30171(a);\n\n(2) The whistleblower reasonably believed that the information:\n\n(A) was already internally reported;\n\n(B) was already subject to or part of an internal inquiry or investigation; or\n\n(C) was otherwise already known to the motor vehicle manufacturer, part supplier, or dealership; or\n\n(3) The Agency has good cause to waive this requirement."], ["49:49:6.1.2.3.7.0.1.8", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.8 Provision of false information.", "NHTSA", "", "", "", "A person who knowingly and intentionally makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18."], ["49:49:6.1.2.3.7.0.1.9", 49, "Transportation", "V", "", "513", "PART 513\u2014WHISTLEBLOWER PROGRAM", "", "", "", "\u00a7 513.9 Procedures for making a claim for a whistleblower award.", "NHTSA", "", "", "", "(a) Whenever any administrative or judicial action, including any related administrative or judicial action, brought by the U.S. Department of Transportation, Agency, or U.S. Department of Justice under 49 U.S.C. Chapter 301 in the aggregate results in collected monetary sanctions exceeding $1,000,000, the Agency will publish on the Agency's website a \u201cNotice of Covered Action.\u201d Such Notice will be published subsequent to a final judgment, order, or agreement that alone, or in the aggregate, results in collected monetary sanctions exceeding $1,000,000. A claimant will have ninety (90) days from the date of the Notice of Covered Action to file a claim, including any attachments, for an award based on that action, or the claim will be barred. The claim is deemed filed on the date that it is received by the Agency.\n\n(b) To file a claim for a whistleblower award, the claimant must complete the WB-AWARD form and submit it no later than ninety (90) calendar days from the date of the Notice of Covered Action to NHTSA's Office of the Chief Counsel by email to  NHTSAWhistleblower@dot.gov  or another method expressly designated on NHTSA's website. If the ninetieth day falls on a weekend or federal holiday, the claim deadline is the next business day.\n\n(c) If the claimant provided original information anonymously pursuant to \u00a7 513.4, the claimant must disclose the claimant's identity on the WB-AWARD form and the claimant's identity must be verified in a form and manner that is acceptable to the Agency prior to the authorization of payment of any award to such claimant.\n\n(d) If a claimant filed a claim for a whistleblower award after December 4, 2015 (the date of the enactment of the FAST Act) but before January 16, 2025, the claim submission will be deemed to meet the requirements of \u00a7 513.9."]], "truncated": false, "filtered_table_rows_count": 38, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "513"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=513", "results": [{"value": 28, "label": 28, "count": 26, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&title_number=28", "selected": false}, {"value": 49, "label": 49, "count": 12, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&title_number=49", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=513", "results": [{"value": "BOP", "label": "BOP", "count": 26, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&agency=BOP", "selected": false}, {"value": "NHTSA", "label": "NHTSA", "count": 12, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&agency=NHTSA", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=513", "results": [{"value": "513", "label": "513", "count": 38, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&_facet=title_name"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&_facet=subpart_name"}, {"name": "amendment_citations", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=513&_facet=amendment_citations"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 3204.736266983673, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}