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62 rows where part_number = 609 sorted by section_id
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| 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 |
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| 10:10:5.0.1.3.14.0.1.1 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.1 Purpose and scope. | DOE | (a) This part sets forth the policies and procedures that DOE uses for receiving, evaluating, and approving applications for loan guarantees to support Eligible Projects under Title XVII, including sections 1703 and 1706, of the Energy Policy Act of 2005. (b) This part applies to all Applications, Conditional Commitments, and Loan Guarantee Agreements. (c) Section 600.22 of title 10 of the Code of Federal Regulations shall not apply to actions taken under this part. | ||||||
| 10:10:5.0.1.3.14.0.1.10 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.10 Project costs. | DOE | [88 FR 34428, May 30, 2023, as amended at 90 FR 48710, Oct. 28, 2025] | (a) The Project Costs of an Eligible Project are those costs, including escalation and contingencies, that are expended or accrued by a Borrower and are necessary, reasonable, customary, and directly related to the design, engineering, financing, construction, startup, commissioning, and shakedown of an Eligible Project. (b) Project Costs include: (1) Costs of acquisition, lease, or rental of real property, including engineering fees, surveys, title insurance, recording fees, and legal fees incurred in connection with land acquisition, lease or rental, site improvements, site restoration, access roads, and fencing; (2) Costs of engineering, architectural, legal and bond fees, and insurance paid in connection with construction of the facility; (3) Costs of equipment purchases, including a reasonable reserve of spare parts to the extent required; (4) Costs to provide facilities and services related to safety and environmental protection; (5) Transaction Costs; (6) Costs of necessary and appropriate insurance and bonds of all types including letters of credit and any collateral required therefor; (7) Costs of design, engineering, startup, commissioning, and shakedown; (8) Costs of obtaining licenses to intellectual property necessary to design, construct, and operate the Eligible Project; (9) To the extent required by the Loan Guarantee Agreement and not intended or available for any cost referred to in paragraph (d) of this section, costs of funding any reserve fund, including without limitation, a debt service reserve, a maintenance reserve, and a contingency reserve for cost overruns during construction; provided that proceeds of a Guaranteed Obligation deposited to any reserve fund shall not be removed from such fund except to pay Project Costs, to pay principal of the Guaranteed Obligation, or otherwise to be used as provided in the Loan Guarantee Agreement; (10) Capitalized interest necessary to meet market requirements and other carrying costs during construction; (11) In DOE's sole discretion, th… | |||||
| 10:10:5.0.1.3.14.0.1.11 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.11 Transaction costs. | DOE | (a) Upon making a determination to engage independent consultants or outside counsel with respect to an Application, DOE will proceed to evaluate and process such Application only following execution by an Applicant or Project Sponsor, as appropriate, of an agreement satisfactory to DOE to pay the Transaction Costs charged by the independent consultants and outside legal counsel. Each Applicant, Borrower, or Project Sponsor, as applicable, shall be responsible for the payment of Transaction Costs associated with DOE's independent consultants and outside legal counsel in connection with an Application, Conditional Commitment, or Loan Guarantee Agreement, as applicable. Appropriate provisions regarding payment of such Transaction Costs shall also be included in each Term Sheet and Loan Guarantee Agreement or, upon a determination by DOE, in other appropriate agreements. (b) Notwithstanding payment by Applicant, Borrower, or Project Sponsor, all services rendered by an independent consultant or outside legal counsel to DOE in connection with an Application, Conditional Commitment, or Loan Guarantee Agreement shall be solely for the benefit of DOE (and such other creditors as DOE may agree in writing). DOE may require, in its discretion, the payment of an advance retainer to such independent consultants or outside legal counsel as security for the collection of the fees and expenses charged by the independent consultants and outside legal counsel. In the event an Applicant, Borrower, or Project Sponsor fails to comply with the provisions of such payment agreement, DOE in its discretion, may stop work on or terminate an Application, a Conditional Commitment, or a Loan Guarantee Agreement, or may take such other remedial measures in its discretion as it deems appropriate. (c) DOE shall not be financially liable under any circumstances to any independent consultant or outside counsel for services rendered in connection with an Application, Conditional Commitment, or Loan Guarantee Agreement except to the extent DOE ha… | ||||||
| 10:10:5.0.1.3.14.0.1.12 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.12 Credit ratings. | DOE | (a) Where conditions justify, in the sole discretion of the Secretary, DOE may require that an Applicant submit a preliminary credit assessment for the proposed project, reflecting the project without a Guarantee, from a nationally recognized statistical ratings organization. (b) Where conditions justify, in the sole discretion of the Secretary, DOE may require that an Applicant provide a credit rating for the proposed project, and subsequently provide updated ratings, from a nationally recognized statistical ratings organization. | ||||||
| 10:10:5.0.1.3.14.0.1.13 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.13 Fees and charges. | DOE | (a) Unless explicitly authorized by statute, no funds obtained from the Federal Government, or from a loan or other instrument guaranteed by the Federal Government, may be used to pay for the Credit Subsidy Cost, the Facility Fee, the Maintenance Fee, and any other fees charged by or paid to DOE relating to Title XVII or any Guarantee thereunder. An Applicant may, at any time, use non-Federal monies to pay the Credit Subsidy Cost or DOE fees. (b) DOE may charge Applicants a non-refundable Facility Fee, payable on the closing date for the Loan Guarantee Agreement. (c) In order to encourage and supplement private lending activity DOE may collect from Borrowers for deposit in the United States Treasury a non-refundable Risk-Based Charge which, together with the interest rate on the Guaranteed Obligation that LPO determines to be appropriate, will take into account the prevailing rate of interest in the private sector for similar loans and risks. The Risk-Based Charge shall be paid at such times and in such manner as may be determined by DOE, but no less frequently than once each year, commencing with payment of a pro-rated payment on the date the Guarantee is issued. The amount of the Risk-Based Charge will be specified in the Loan Guarantee Agreement. (d) DOE may collect a Maintenance Fee as set forth in the Loan Guarantee Agreement. The Maintenance Fee shall accrue from the date of execution of the Loan Guarantee Agreement through the date of payment in full of the related Guaranteed Obligations. If DOE determines to collect a Maintenance Fee, it shall be paid by the Borrower each year (or portion thereof) in advance in the amount specified in the applicable Loan Guarantee Agreement. (e) In the event a Borrower or an Eligible Project experiences difficulty relating to technical, financial, or legal matters or other events ( e.g., engineering failure or financial workouts), the Borrower shall be liable as follows: (1) If such difficulty requires DOE to incur time or expenses beyond those customarily expended … | ||||||
| 10:10:5.0.1.3.14.0.1.14 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.14 Full faith and credit and incontestability. | DOE | The full faith and credit of the United States is pledged to the payment of principal and interest of Guaranteed Obligations pursuant to Guarantees issued in accordance with Title XVII and this part. The issuance by DOE of a Guarantee shall be conclusive evidence that it has been properly obtained; that the underlying loan qualified for such Guarantee; and that, but for fraud or material misrepresentation by the Holder, except when the Holder is the Federal Financing Bank, such Guarantee shall be legal, valid, binding, and enforceable against DOE in accordance with its terms. | ||||||
| 10:10:5.0.1.3.14.0.1.15 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.15 Default, demand, payment, and foreclosure on collateral. | DOE | (a) If a Borrower defaults in making a required payment of principal or interest on a Guaranteed Obligation and such default has not been cured within the applicable grace period, the Holder may make written demand for payment upon the Secretary in accordance with the terms of the applicable Guarantee. If a Borrower defaults in making a required payment of principal or interest on a Guaranteed Obligation and such default has not been cured within the applicable grace period, the Secretary shall notify the Attorney General. (b) Subject to the terms of the applicable Guarantee, the Secretary shall make payment within 60 days after receipt of written demand for payment from the Holder, provided that the demand for payment complies in all respects with the terms of the applicable Guarantee. Interest shall accrue to the Holder at the rate stated in the promissory note evidencing the Guaranteed Obligation, without giving effect to the Borrower's default in making a required payment of principal or interest on the applicable Guarantee Obligation or any other default by the Borrower, until the Guaranteed Obligation has been fully paid by DOE. Payment by the Secretary on the applicable Guarantee does not change Borrower's obligations under the promissory note evidencing the Guaranteed Obligation, Loan Guarantee Agreement, Loan Agreement, or related documents, including an obligation to pay default interest. (c) Following payment by the Secretary pursuant to the applicable Guarantee, upon demand by DOE, the Holder shall transfer and assign to the Secretary (or his or her designee or agent) the promissory note evidencing the Guaranteed Obligation, all rights and interests of the Holder in the Guaranteed Obligation, and all rights and interests of the Holder in respect of the Guaranteed Obligation, except to the extent that the Secretary determines that such promissory note or any of such rights and interests shall not be transferred and assigned to the Secretary. Such transfer and assignment shall include, without limitat… | ||||||
| 10:10:5.0.1.3.14.0.1.16 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.16 Preservation of collateral. | DOE | (a) If the Secretary exercises his or her right under the Loan Guarantee Agreement to require the holder of pledged collateral to take such actions as the Secretary (subject to any applicable Intercreditor Agreement) may reasonably require to provide for the care, preservation, protection, and maintenance of such collateral so as to enable the United States to achieve maximum recovery from the collateral, the Secretary shall, subject to compliance with the Antideficiency Act, 31 U.S.C. 1341 et seq., reimburse the holder of such collateral for reasonable and appropriate expenses incurred in taking actions required by the Secretary (unless otherwise provided in applicable agreements). Except as provided in § 609.15, no party may waive or relinquish, without the consent of the Secretary, any such collateral to which the United States would be subrogated upon payment under the Loan Guarantee Agreement. (b) In the event of a default, the Secretary may enter into such contracts as he determines are required or appropriate, taking into account the term of any applicable Intercreditor Agreement, to care for, preserve, protect or maintain collateral pledged in respect of Guaranteed Obligations. The cost of such contracts may be charged to the Borrower. | ||||||
| 10:10:5.0.1.3.14.0.1.17 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.17 Audit and access to records. | DOE | Each Loan Guarantee Agreement and related documents shall provide that: (a) The Eligible Lender, or DOE in conjunction with the Federal Financing Bank where loans are funded by the Federal Financing Bank or other Holder or other party servicing the Guaranteed Obligations, as applicable, and the Borrower, shall keep such records concerning the Eligible Project as are necessary, including the Application, Term Sheet, Conditional Commitment, Loan Guarantee Agreement, Credit Agreement, mortgage, note, disbursement requests and supporting documentation, financial statements, audit reports of independent accounting firms, lists of all Eligible Project assets and non-Eligible Project assets pledged in respect of the Guaranteed Obligations, all off-take and other revenue producing agreements, documentation for all Eligible Project indebtedness, income tax returns, technology agreements, documentation for all permits and regulatory approvals, and all other documents and records relating to the Borrower or the Eligible Project, as determined by the Secretary, to facilitate an effective audit and performance evaluation of the Eligible Project; and (b) The Secretary and the Comptroller General, or their duly authorized representatives, shall have access, for the purpose of audit and examination, to any pertinent books, documents, papers, and records of the Borrower, Eligible Lender, or DOE or other Holder or other party servicing the Guaranteed Obligation, as applicable. Such inspection may be made during regular office hours of the Borrower, Eligible Lender, DOE or other Holder, or other party servicing the Eligible Project and the Guaranteed Obligations, as applicable, or at any other time mutually convenient. | ||||||
| 10:10:5.0.1.3.14.0.1.18 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.18 Deviations. | DOE | (a) Subject to the requirements of Title XVII and as otherwise permitted by applicable law, the Secretary may authorize deviations from the requirements of this part upon: (1) Either receipt from the Applicant, Borrower, or Project Sponsor, as applicable, of— (i) A written request that the Secretary deviate from one or more requirements; and (ii) A supporting statement briefly describing one or more justifications for such deviation; or (iii) A determination by the Secretary in his or her discretion to undertake a deviation; (2) A finding by the Secretary that such deviation supports program objectives and the special circumstances stated in the request make such deviation clearly in the best interest of the Government; and (3) If the waiver would constitute a substantial change in the financial terms of the Loan Guarantee Agreement and related documents, DOE's consultation with OMB and the Secretary of the Treasury. (b) If a deviation under this section results in an increase in the applicable Credit Subsidy Cost, such increase shall be funded either by additional fees paid by the Borrower or on behalf of the Borrower by any third party or, if an appropriation is available, by means of an appropriations act. The Secretary has discretion to determine how the cost of a deviation is funded. | ||||||
| 10:10:5.0.1.3.14.0.1.19 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.19 Title XVII loan guarantee program guidance. | DOE | (a) Invitations for the submission of Applications for loan guarantees for Eligible Projects shall be published on DOE's Title XVII Loan Guarantee Program website. The Title XVII Loan Guarantee Program website shall contain guidance for potential Title XVII Applicants and solicit applications for a Guarantee. (b) The Title XVII Loan Guarantee Program website must include, at a minimum, the following guidance: (1) The dollar amount of loan guarantee authority potentially being made available by DOE for Guarantees under Title XVII; (2) The method and further instructions for submission of Applications; (3) The name and address of the DOE representative whom a potential Applicant may contact to receive further information; (4) The programmatic, technical, financial, and other factors and criteria that DOE will use to evaluate Applications, including but not limited to consideration of the Reasonable Prospect of Repayment, the amount of Equity provided, and the reliance on other Federal assistance; (5) The required contents of the Application, which may vary by category of Eligible Project; and (6) Such other information as DOE may deem appropriate. (c) Using procedures as may be announced by DOE, a potential Applicant may request a meeting with DOE to discuss its potential Application. At its discretion, DOE may meet with a potential Applicant, either in person or electronically, to discuss its potential Application. DOE's responses to questions from potential Applicants and DOE's statements to potential Applicants, including any initial thoughts on the eligibility of the project, are pre-decisional and preliminary in nature. Any such responses and statements are subject in their entirety to any final action by DOE with respect to an Application submitted in accordance with § 609.4. | ||||||
| 10:10:5.0.1.3.14.0.1.2 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.2 Definitions. | DOE | [88 FR 34428, May 30, 2023, as amended at 90 FR 48710, Oct. 28, 2025] | When used in this part the following words have the following meanings. Administrative Cost of a Loan Guarantee means (1) The total of all administrative expenses that DOE incurs during: (i) The evaluation of an Application for a Guarantee; (ii) The negotiation and offer of a Term Sheet; (iii) The negotiation of a Loan Guarantee Agreement and related documents, including the issuance of a Guarantee; and (iv) The servicing and monitoring of a Loan Guarantee Agreement, including during the construction, startup, commissioning, shakedown, and operational phases of an Eligible Project. (2) The Administrative Cost of a Loan Guarantee does not include Transaction Costs. Applicant means a prospective Borrower, Project Sponsor, or Eligible Lender that submits an Application to DOE. Application means a submission of written materials to DOE completed in accordance with the applicable requirements published by DOE in guidance on the Title XVII website. Attorney General means the Attorney General of the United States. Borrower means any Person that enters into a Loan Guarantee Agreement with DOE and issues or otherwise becomes obligated for the Guaranteed Obligations. Cargo Preference Act means the Cargo Preference Act of 1954, 46 U.S.C. 55305, as amended. Commercial Technology means a technology in general use in the commercial marketplace in the United States at the time the Term Sheet is offered by DOE. A technology is in general use if it is being used in three or more facilities that are in commercial operation in the United States for the same general purpose as the proposed project, and has been used in each such facility for a period of at least five years. The five-year period for each facility shall start on the in-service date of the facility employing that particular technology or, in the case of a retrofit of a facility to employ a particular technology, the date the facility resumes commercial operation following completion and testing of the retrofit. For purposes of this section, faciliti… | |||||
| 10:10:5.0.1.3.14.0.1.3 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.3 Title XVII eligible projects. | DOE | [88 FR 34428, May 30, 2023, as amended at 90 FR 48710, Oct. 28, 2025] | (a)(1) DOE is authorized to provide loan Guarantees for certain categories of projects under Title XVII including: (i) Innovative Energy Projects under section 1703 of Title XVII; (ii) Innovative Supply Chain Projects under section 1703 of Title XVII; (iii) State Energy Financing Institution Projects under section 1703 of Title XVII; and (iv) Energy Dominance Financing Projects under section 1706 of Title XVII. (2) A Project meeting the applicable eligibility requirements set forth herein constitutes an “Eligible Project” under Title XVII. (b) An eligible Innovative Energy Project is a project that: (1) Falls within a category set forth in section 1703(b) of Title XVII; (2) Is located in the United States; (3) Is at one location, except that the project may be located at two or more locations if the project is comprised of installations or facilities employing a single New or Significantly Improved Technology that is deployed pursuant to an integrated and comprehensive business plan. An Innovative Energy Project located in more than one location is a single Eligible Project; (4) Deploys a New or Significantly Improved Technology; and (5) Avoids, reduces, utilizes, or sequesters air pollutants or anthropogenic emissions of greenhouse gases. (c) An eligible Innovative Supply Chain Project is a project that: (1) Manufactures a product with an end-use set forth in section 1703(b) of Title XVII; (2) Is located in the United States; (3) Is at one location, except that the project may be located at two or more locations if the project is comprised of installations or facilities employing a single New or Significantly Improved Technology that is deployed pursuant to an integrated and comprehensive business plan. An Innovative Supply Chain Project located in more than one location is a single Eligible Project; (4) Either: (i) Deploys a New or Significantly Improved Technology in the manufacturing process; or (ii) Manufactures a product that represents a New or Significantly Improved Technology; and (5) … | |||||
| 10:10:5.0.1.3.14.0.1.4 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.4 Submission of applications. | DOE | (a) DOE may direct that Applications be submitted in more than one part; provided, that the parts of such Application, taken as a whole, contain such information published by DOE in guidance on the Title XVII Loan Guarantee Program website pursuant to § 609.19. In such event, subsequent parts of an Application may be filed only after DOE invites an Applicant to make an additional submission. If DOE directs that Applications be submitted in more than one part, the initial part of an Application shall contain information sufficient for DOE to determine that the project proposed by an Applicant will be, or may reasonably become, an Eligible Project, and to evaluate such project's readiness to proceed. If there have been any material amendments, modifications, or additions made to the information previously submitted by an Applicant, the Applicant shall provide a detailed description thereof, including any changes in the proposed project's financing structure or other terms, promptly upon request by DOE. (b) An Applicant may submit Applications for multiple proposed projects and for projects using different technologies; provided that an Applicant for an Innovative Energy Project or Innovative Supply Chain Project may not submit an Application or Applications for multiple Innovative Energy Projects or multiple Innovative Supply Chain Projects using the same technology. For purposes of this paragraph (b), the term “Applicant” shall include the Project Sponsor and any subsidiaries or affiliates of the Project Sponsor. (c) DOE has no obligation to evaluate an Application that is not complete, and may proceed with such evaluation, or a partial evaluation, only in its discretion. DOE will not design an Eligible Project for Applicants, but may respond, in its discretion, in general terms to specific proposals. DOE's response to questions from potential Applicants are pre-decisional and preliminary in nature. (d) Unless an Applicant requests an extension and such an extension is granted by DOE in its discretion, an Appli… | ||||||
| 10:10:5.0.1.3.14.0.1.5 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.5 Evaluation of applications. | DOE | [88 FR 34428, May 30, 2023, as amended at 90 FR 48710, Oct. 28, 2025] | (a) Applications will be considered in a merit-based review process, considering such factors determined and published by DOE in guidance on its Title XVII Loan Guarantee Program website pursuant to § 609.19. At any time, DOE may request additional information or supporting documentation from an Applicant. (b) Applications will be denied if: (1) The proposed project is not an Eligible Project; (2) With respect to applications for Innovative Energy Projects and Innovative Supply Chain Projects, the applicable technology is not ready to be deployed commercially in the United States, cannot yield a commercially viable product or service in the use proposed in the Application, does not have the potential to be deployed in other commercial projects in the United States, or is not or will not be available for further commercial use in the United States; (3) The Person proposed to issue the loan or purchase other debt obligations constituting the Guaranteed Obligations is not an Eligible Lender; (4) The proposed project is for demonstration, research, or development; (5) Significant Equity for the proposed project will not be provided by the date of issuance of the Guaranteed Obligations, or such later time as DOE in its discretion may determine; (6) The proposed project does not present a Reasonable Prospect of Repayment of the Guaranteed Obligations; (7) With respect to applications for Energy Dominance Financing Projects, where the Applicant is an electric utility, such application fails to include an assurance that Applicant will pass on the financial benefit from the Guarantee to the customers of, or associated communities served by, the electric utility; or (8) The Applicant or Project Sponsor does not satisfy DOE's “know your customer” requirements. (c) If an Application has not been denied pursuant to paragraph (b) of this section, DOE will evaluate the proposed project based on the criteria published by DOE in guidance on its Title XVII Loan Guarantee Program website pursuant to § 609.19. (d) After D… | |||||
| 10:10:5.0.1.3.14.0.1.6 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.6 Term sheets and conditional commitments. | DOE | (a) DOE, after negotiation of a Term Sheet with an Applicant, may offer such Term Sheet to an Applicant or such other Person that is an affiliate of the Applicant and that is acceptable to DOE. DOE's offer of a Term Sheet shall be in writing and signed by the Contracting Officer. DOE's negotiation of a Term Sheet imposes no obligation on the Secretary to offer a Term Sheet to the Applicant. (b) DOE shall terminate its negotiations of a Term Sheet if it has not offered a Term Sheet in respect of an Eligible Project within two years after the date of the written notification set forth in § 609.5(d), unless extended in writing by DOE. (c) If and when the offeree specified in a Term Sheet satisfies all terms and conditions for acceptance of the Term Sheet, including written acceptance thereof, the Term Sheet shall become a Conditional Commitment. Each Conditional Commitment shall include an expiration date no more than two years from the date it is issued, unless extended in writing in the discretion of the Contracting Officer. When and if all of the terms and conditions specified in the Conditional Commitment have been met, DOE and the Applicant may enter into a Loan Guarantee Agreement. If applicable, the Conditional Commitment shall include the terms and conditions pursuant to which any Credit Subsidy Cost payment made by the Borrower to the Secretary is subject to refund to the Borrower in the event that the closing date of the Loan Guarantee Agreement does not occur. (d) Prior to or on the date of the Conditional Commitment, DOE will ensure that: (1) OMB has reviewed and approved DOE's calculation of the Credit Subsidy Cost of the Guarantee; (2) One of the following has occurred: (i) Appropriated funds for the Credit Subsidy Cost are available; (ii) The Secretary has received from the Borrower payment in full for the Credit Subsidy Cost and deposited the payment into the Treasury; or (iii) A combination of one or more appropriations under paragraph (d)(2)(i) of this section and one or more payments from … | ||||||
| 10:10:5.0.1.3.14.0.1.7 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.7 Closing on the loan guarantee agreement. | DOE | (a) Subsequent to entering into a Conditional Commitment with an Applicant, DOE, after consultation with the Applicant, will set a closing date for execution of a Loan Guarantee Agreement. (b) Prior to or on the closing date of a Loan Guarantee Agreement DOE will ensure that: (1) Pursuant to section 1702(h) of Title XVII, DOE will receive from the Applicant the Facility Fee referred to in § 609.13(b) on the closing date; (2) The Department of the Treasury has been consulted as to the terms and conditions of the Loan Guarantee Agreement. (2) The Loan Guarantee Agreement and related documents contain all terms and conditions DOE deems reasonable and necessary to protect the interest of the United States; (3) Each holder of the Guaranteed Obligations is an Eligible Lender, and the servicer of the Guaranteed Obligations meets the servicing performance requirements of § 609.9(b); (4) DOE has determined the principal amount of the Guaranteed Obligations expected to be issued in respect of the Eligible Project, as estimated at the time of issuance, will not exceed 80 percent of the Project Costs of the Eligible Project; (5) DOE has completed all necessary reviews under the National Environmental Policy Act of 1969; and (6) All conditions precedent specified in the Conditional Commitment are either satisfied or waived in writing by the Contracting Officer. If the counterparty to the Conditional Commitment has not satisfied all such terms and conditions on or prior to the closing date of the Loan Guarantee Agreement, DOE may, in its discretion, set a new closing date, or terminate the Conditional Commitment. | ||||||
| 10:10:5.0.1.3.14.0.1.8 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.8 Loan guarantee agreement. | DOE | [88 FR 34428, May 30, 2023, as amended at 90 FR 48710, Oct. 28, 2025] | (a) Only a Loan Guarantee Agreement executed by the Contracting Officer can obligate DOE to issue a Guarantee in respect of Guaranteed Obligations. DOE is not bound by oral representations. (b) Each Loan Guarantee Agreement shall contain the following requirements and conditions, and shall not be executed until the Contracting Officer determines that the following requirements and conditions are satisfied: (1) The Federal Financing Bank shall be the only Eligible Lender in transactions where DOE guarantees 100 percent (but not less than 100 percent) of the principal and interest of the Guaranteed Obligations issued under a Loan Guarantee Agreement. Where DOE guarantees 90 percent or less of the Guaranteed Obligation, the guaranteed portion may be separated from or “stripped” from the non-guaranteed portion of the Guaranteed Obligation, if the loan is participated, syndicated or otherwise resold in the secondary debt market. (2) The Borrower shall be obligated to make full repayment of the principal and interest on the Guaranteed Obligations and other debt of a Borrower over a period not to exceed: (i) In the case of an Innovative Energy Project, an Innovative Supply Chain Project, or a State Energy Financing Institution Project, the lesser of 30 years or 90 percent of the projected useful life of the Eligible Project's major physical assets, as calculated in accordance with U.S. generally accepted accounting principles and practices; and (ii) In the case of an Energy Dominance Financing Project, 30 years. (3) If any financing or credit arrangement of the Borrower or relating to the Eligible Project, other than the Guaranteed Obligations, has an amortization period shorter than that of the Guaranteed Obligations, DOE shall have determined that the resulting financing structure allocates to DOE a reasonably proportionate share of the default risk, in light of: (i) DOE's share of the total debt financing of the Borrower; (ii) Risk allocation among the credit providers to the Borrower; and (iii) Internal and… | |||||
| 10:10:5.0.1.3.14.0.1.9 | 10 | Energy | II | H | 609 | PART 609—LOAN GUARANTEES FOR CLEAN ENERGY PROJECTS | § 609.9 Lender servicing requirements. | DOE | (a) When reviewing and evaluating a proposed Eligible Project, all Eligible Lenders (other than the Federal Financing Bank) shall at all times exercise the level of care and diligence that a reasonable and prudent lender would exercise when reviewing, evaluating, and disbursing a loan made by it without a Federal guarantee. (b) Loan servicing duties shall be performed by an Eligible Lender, DOE, or another qualified loan servicer approved by DOE. When performing its servicing duties, the loan servicer shall at all times exercise the level of care and diligence that a reasonable and prudent lender would exercise when servicing a loan made without a Federal guarantee, including: (1) During the construction period, monitoring the satisfaction of all of the conditions precedent to all loan disbursements, as provided in the Loan Guarantee Agreement, Loan Agreement, or related documents; (2) During the operational phase, monitoring and servicing the Guaranteed Obligations and collection of the outstanding principal and accrued interest as well as undertaking to ensure that the collateral package securing the Guaranteed Obligations remains uncompromised; and (3) Until the Guaranteed Obligations have been repaid, providing annual or more frequent financial and other reports on the status and condition of the Guaranteed Obligations and the Eligible Project, and promptly notifying DOE if it becomes aware of any problems or irregularities concerning the Eligible Project or the ability of the Borrower to make payment on the Guaranteed Obligations or its other debt obligations. | ||||||
| 20:20:3.0.2.1.7.1.1.1 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | A | Subpart A—General Provisions | § 609.1 Purpose and application. | DOL | (a) Purpose. Subchapter I of chapter 85, title 5 of the United States Code, as amended by Pub. L. 94-566, 90 Stat. 2667, 5 U.S.C. 8501-8508, provides for a permanent program of unemployment compensation for unemployed Federal civilian employees. The unemployment compensation provided for in subchapter I is hereinafter referred to as unemployment compensation for Federal employees, or UCFE. The regulations in this part are issued to implement the UCFE Program. (b) First rule of construction. The Act and the implementing regulations in this part shall be construed liberally so as to carry out the purposes of the Act. (c) Second rule of construction. The Act and the implementing regulations in this part shall be construed so as to assure insofar as possible the uniform interpretation and application of the Act throughout the United States. (d) Effectuating purpose and rules of construction. (1) In order to effectuate the provisions of this section, each State agency shall forward to the United States Department of Labor (hereafter Department), not later than 10 days after issuance, a copy of each judicial or administrative decision ruling on an individual's entitlement to payment of UCFE or to credit for a waiting period. On request of the Department, a State agency shall forward to the Department a copy of any determination or redetermination ruling on an individual's entitlement to UCFE or waiting period credit. (2) If the Department believes that a determination, redetermination, or decision is inconsistent with the Department's interpretation of the Act or this part, the Department may at any time notify the State agency of the Department's view. Thereafter the State agency shall issue a redetermination or appeal if possible, and shall not follow such determination, redetermination, or decision as a precedent; and, in any subsequent proceedings which involve such determination, redetermination, or decision, or wherein such determination, redetermination, or decision is cited as precedent or otherwise… | |||||
| 20:20:3.0.2.1.7.1.1.2 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | A | Subpart A—General Provisions | § 609.2 Definitions of terms. | DOL | [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] | For the purposes of the Act and this part: (a) Act means subchapter I of chapter 85, title 5, United States Code, 5 U.S.C. 8501-8508. (b) Agreement means the agreement entered into pursuant to the Act between a State and the Secretary under which the State agency of the State agrees to make payments of unemployment compensation in accordance with the Act and the regulations and procedures thereunder prescribed by the Department. (c) Based period means the base period as defined by the applicable State law for the benefit year. (d) Benefit year means the benefit year as defined by the applicable State law, and if not so defined the term means the period prescribed in the agreement with the State or, in the absence of an Agreement, the period prescribed by the Department. (e) Federal agency means any department, agency, or governmental body of the United States, including any instrumentality wholly or partially owned by the United States, in any branch of the Government of the United States, which employs any individual in Federal civilian service. (f) Federal civilian service means service performed in the employ of any Federal agency, except service performed— (1) By an elective official in the executive or legislative branches of the Government of the United States; (2) As a member of the Armed Forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration; (3) By Foreign Service personnel for whom special separation allowances are provided under chapter 14 of title 22 of the United States Code; (4) Outside the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia, by an individual who is not a citizen of the United States; (5) By an individual excluded by regulations of the Office of Personnel Management from civil service retirement coverage provided by subchapter III of chapter 83 of title 5 of the United States Code because the individual is paid on a contract or fee basis; (6) By an individual receiving nominal pay and a… | ||||
| 20:20:3.0.2.1.7.2.1.1 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.3 Eligibility requirements for UCFE. | DOL | An individual shall be eligible to receive a payment of UCFE or to waiting period credit with respect to a week of unemployment if: (a) The individual has Federal civilian service and Federal wages in the base period under the applicable State law; (b) The individual meets the qualifying employment and wage requirements of the applicable State law, either on the basis of Federal civilian service and Federal wages alone or in combination with service and wages covered under a State law or under the UCX Program (part 614 of this chapter); (c) The individual has filed an initial claim for UCFE and, as appropriate, has filed a timely claim for waiting period credit or a payment of UCFE with respect to that week of unemployment; and (d) The individual is totally, part-totally, or partially unemployed, and is able to work, available for work, and seeking work within the meaning of or as required by the applicable State law, and is not subject to disqualification under this part or the applicable State law, with respect to that week of unemployment. | |||||
| 20:20:3.0.2.1.7.2.1.10 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.12 Inviolate rights to UCFE. | DOL | Except as specifically provided in this part, the rights of individuals to UCFE shall be protected in the same manner and to the same extent as the rights of persons to State unemployment compensation are protected under the applicable State law. Such measures shall include protection of applicants for UCFE from waiver, release, assignment, pledge, encumbrance, levy, execution, attachment, and garnishment of their rights to UCFE, except as provided in § 609.11. In the same manner and to the same extent, individuals shall be protected from discrimination and obstruction in regard to seeking, applying for, and receiving any right to UCFE. | |||||
| 20:20:3.0.2.1.7.2.1.11 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.13 Recordkeeping; disclosure of information. | DOL | [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] | (a) Recordkeeping. Each State agency will make and maintain records pertaining to the administration of the UCFE Program as the Department requires, and will make all such records available for inspection, examination, and audit by such Federal officials or employees as the Department may designate or as may be required by law. (b) Disclosure of Information. Information in records maintained by a State agency in administering the UCFE Program shall be kept confidential, and information in such records may be disclosed only in the same manner and to the same extent as information with respect to State unemployment compensation and the entitlement of individuals thereto may be disclosed under the applicable State law. This provision on the confidentiality of information maintained in the administration of the UCFE Program shall not apply, however, to the Department or for the purposes of §§ 609.11 or 609.13, or in the case of information, reports and studies required pursuant to §§ 609.17 or 609.25, or where the result would be inconsistent with the Freedom of Information Act (5 U.S.C. 552), the Privacy Act of 1974, as amended (5 U.S.C. 552a), or regulations of the Department promulgated thereunder. | ||||
| 20:20:3.0.2.1.7.2.1.12 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.14 Payments to States. | DOL | (a) State entitlement. Each State is entitled to be paid by the United States with respect to each individual whose base period wages included Federal wages, an amount bearing the same ratio to the total amount of compensation paid to such individual as the amount of the individual's Federal wages in the individual's base period bears to the total amount of the individual's base period wages. (b) Payment. Each State shall be paid, either in advance or by way of reimbursement, as may be determined by the Department, the sum that the Department estimates the State is entitled to receive under the Act and this part for each calendar month. The sum shall be reduced or increased by the amount which the Department finds that its estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. An estimate may be made on the basis of a statistical, sampling, or other method agreed on by the Department and the State agency. (c) Certification by the Department. The Department, from time to time, shall certify to the Secretary of the Treasury the sum payable to each State under this section. The Secretary of the Treasury, before audit or settlement by the General Accounting Office, shall pay the State in accordance with the certification from the funds for carrying out the purposes of the Act and this part. (d) Use of money. Money paid a State under the Act and this part may be used solely for the purposes for which it is paid. Money so paid which is not used solely for these purposes shall be returned, at the time specified by the Agreement, to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payments to states under the Act and this part may be made. | |||||
| 20:20:3.0.2.1.7.2.1.13 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.15 Public access to Agreements. | DOL | The State agency of a State will make available to any individual or organization a true copy of the Agreement with the State for inspection and copying. Copies of an Agreement may be furnished on request to any individual or organization upon payment of the same charges, if any, as apply to the furnishing of copies of other records of the State agency. | |||||
| 20:20:3.0.2.1.7.2.1.14 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.16 Administration in absence of an Agreement. | DOL | (a) Administering Program. The Department shall administer the UCFE Program through personnel of the Department or through other arrangements under procedures prescribed by the Department, in the case of any State which does not have an Agreement with the Secretary as provided for in 5 U.S.C. 8502. The procedures prescribed by the Department under this section shall be consistent with the Act and this part. (b) Applicable State law. On the filing by an individual of a claim for UCFE in accordance with arrangements under this section, UCFE shall be paid to the individual, if eligible, in the same amount, on the same terms, and subject to the same conditions as would be paid to the individual under the applicable State law if the individual's Federal civilian service and Federal wages had been included as employment and wages under the State law. Any such claim shall include the individual's Federal civilian service and Federal wages, combined with any service and wages covered by State law. However, if the individual, without regard to his or her Federal civilian service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that State law, then payments of UCFE under this section may be made only on the basis of the individual's Federal civilian service and Federal wages. (c) Fair hearing. An individual whose claim for UCFE is denied under this section is entitled to a fair hearing under rules of procedure prescribed by the Department. A final determination by the Department with respect to entitlement to UCFE under this section is subject to review by the courts in the same manner and to the same extent as is provided by section 205(g) of the Social Security Act, 42 U.S.C. 405(g). | |||||
| 20:20:3.0.2.1.7.2.1.15 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.17 Information, reports, and studies. | DOL | State agencies shall furnish to the Department such information and reports and conduct such studies as the Department determines are necessary or appropriate for carrying out the purposes of the UCFE Program. | |||||
| 20:20:3.0.2.1.7.2.1.2 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.4 Weekly and maximum benefit amounts. | DOL | (a) Total unemployment. The weekly amount of UCFE payable to an eligible individual for a week of total unemployment shall be the amount that would be payable to the individual as unemployment compensation for a week of total unemployment as determined under the applicable State law. (b) Partial and part-total unemployment. The weekly amount of UCFE payable for a week of partial or part-total unemployment shall be the amount that would be payable to the individual as unemployment compensation for a week of partial or part-total unemployment as determined under the applicable State law. (c) Maximum amount. The maximum amount of UCFE which shall be payable to an eligible individual during and subsequent to the individual's benefit year shall be the maximum amount of all unemployment compensation that would be payable to the individual as determined under the applicable State law. (d) Computation rules. (1) The weekly and maximum amounts of UCFE payable to an individual under the UCFE Program shall be determined under the applicable State law to be in the same amount, on the same terms, and subject to the same conditions as the State unemployment compensation which would be payable to the individual under the applicable State law if the individual's Federal civilian service and Federal wages assigned or transferred under this part to the State had been included as employment and wages covered by that State law. (2) All Federal civilian service and Federal wages for all Federal agencies shall be considered employment with a single employer for purposes of the UCFE Program. | |||||
| 20:20:3.0.2.1.7.2.1.3 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.5 Claims for UCFE. | DOL | (a) First claims. A first claim for UCFE shall be filed by an individual in any State agency of any State (or Canada) according to the applicable State law, and on a form prescribed by the Department which shall be furnished to the individual by the State agency where the claim is filed. (b) Weekly claims. Claims for waiting week credit and payments of UCFE for weeks of unemployment shall be filed in any State agency (or Canada) at the times and in the manner as claims for State unemployment compensation are filed under the applicable State law, and on forms prescribed by the Department which shall be furnished to the individual by the State agency where the claim is filed. (c) Secretary's standard. The procedure for reporting and filing claims for UCFE and waiting period credit shall be consistent with this part 609 and the Secretary's “Standard for Claim Filing, Claimant Reporting, Job Finding and Employment Services” ( Employment Security Manual, part V, sections 5000 et seq. ). | |||||
| 20:20:3.0.2.1.7.2.1.4 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.6 Determinations of entitlement; notices to individual. | DOL | [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] | (a) Determination of first claim. The State agency whose State law applies to an individual under § 609.8 shall, promptly upon the filing of a first claim for UCFE, determine whether the individual is eligible and whether a disqualification applies, and, if the individual is found to be eligible, the individual's benefit year and the weekly and maximum amounts of UCFE payable to the individual. (b) Determinations of weekly claims. The State agency promptly shall, upon the filing of a claim for payment of UCFE or waiting period credit with respect to a week, determine whether the individual is entitled to a payment of UCFE or waiting period credit with respect to such week, and, if entitled, the amount of UCFE or waiting period credit to which the individual is entitled. (c) Redetermination. The provisions of the applicable State law concerning the right to request, or authority to undertake, reconsideration of a determination pertaining to State unemployment compensation under the applicable State law shall apply to determinations pertaining to UCFE. (d) Notices to individual. The State agency promptly shall give notice in writing to the individual of any determination or redetermination of a first claim, and, except as may be authorized under paragraph (g) of this section, of any determination or redetermination of any weekly claim which denies UCFE or waiting period credit or reduces the weekly amount or maximum amount initially determined to be payable. Each notice of determination or redetermination shall include such information regarding the determination or redetermination and notice of right to reconsideration or appeal, or both, as is furnished with written notices of determinations and redeterminations with respect to claims for State unemployment compensation; and where information furnished by a Federal agency was considered in making the determination, or redetermination, the notice thereof shall include an explanation of the right of the individual to seek additional information pursuant … | ||||
| 20:20:3.0.2.1.7.2.1.5 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.7 Appeal and review. | DOL | [47 FR 54687, Dec. 3, 1982, as amended at 71 FR 35514, June 21, 2006] | (a) Applicable State law. The provisions of the applicable State law concerning the right of appeal and fair hearing from a determination or redetermination of entitlement to State unemployment compensation shall apply to determinations and redeterminations of eligibility for or entitlement to UCFE and waiting period credit. Any such determination or redetermination shall be subject to appeal and review only in the manner and to the extent provided in the applicable State law with respect to determinations and redeterminations of entitlement to State unemployment compensation. (b) Rights of appeal and fair hearing. The provisions on right to appeal and opportunity for a fair hearing with respect to claims for UCFE shall be consistent with this part and with sections 303(a)(1) and 303(a)(3) of the Social Security Act, 42 U.S.C. 503(a)(1) and 503(a)(3). (c) Promptness on appeals. (1) Decisions on appeals under the UCFE Program shall accord with the Secretary's “Standard for Appeals Promptness—Unemployment Compensation” in part 650 of this chapter, and with § 609.1(d). (2) Any provision of an applicable State law for advancement or priority of unemployment compensation cases on judicial calendars, or otherwise intended to provide for the prompt payment of unemployment compensation when due, shall apply to proceedings involving claims for UCFE. (d) Appeal and review by Federal agency. If a Federal agency believes that a State agency's determination or redetermination of an individual's eligibility for or entitlement to UCFE is incorrect, the Federal agency may seek appeal and review of such determination or redetermination in the same manner as an interested employer may seek appeal and review under the applicable State law. | ||||
| 20:20:3.0.2.1.7.2.1.6 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.8 The applicable State for an individual. | DOL | (a) The applicable State. The applicable State for an individual shall be the State to which the individual's Federal civilian service and Federal wages are assigned or transferred under this section. The applicable State law for the individual shall be the State law of such State. (b) Assignment of service and wages. (1) An individual's Federal civilian service and Federal wages shall be assigned to the State in which the individual had his or her last official station prior to filing a first claim unless: (i) At the time a first claim is filed the individual resides in another State in which, after separation from Federal civilian service, the individual performed service covered under the State law, in which case all of the individual's Federal civilian service and wages shall be assigned to the latter State; or (ii) Prior to filing a first claim an individual's last official station was outside the States, in which case all of the individual's Federal civilian service and Federal wages shall be assigned to the State in which the individual resides at the time the individual files a first claim, provided the individual is personally present in a State when the individual files the first claim. (2) Federal civilian service and wages assigned to a State in error shall be reassigned for use by the proper State agency. An appropriate record of a reassignment shall be made by the State agency which makes the reassignment. (3) Federal civilian service and Federal wages assigned to a State shall be transferred to another State where such transfer is necessary for the purposes of a combined-wage claim filed by an individual. (c) Assignment deemed complete. All of an individual's Federal civilian service and Federal wages shall be deemed to have been assigned to a State upon the filing of a first claim. Federal civilian service and Federal wages shall be assigned to a State only in accordance with paragraph (b) of this section. (d) Use of assigned service and wages. All assigned Federal civilian service … | |||||
| 20:20:3.0.2.1.7.2.1.7 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.9 Provisions of State law applicable to UCFE claims. | DOL | (a) Particular provisions applicable. Except where the result would be inconsistent with the provisions of the Act or this part or the procedures thereunder prescribed by the Department, the terms and conditions of the applicable State law which apply to claims for, and the payment of, State unemployment compensation shall apply to claims for, and the payment of, UCFE and claims for waiting period credit. The provisions of the applicable State law which shall apply include, but are not limited to: (1) Claim filing and reporting; (2) Information to individuals, as appropriate; (3) Notices to individuals and Federal agencies, as appropriate, including notice to each individual of each determination and redetermination of eligibility for or entitlement to UCFE; (4) Determinations and redeterminations; (5) Ability to work, availability for work, and search for work; and (6) Disqualifications. (b) IBPP. The Interstate Benefit Payment Plan shall apply, where appropriate, to individuals filing claims for UCFE. (c) Wage combining. The State's provisions complying with the Interstate Arrangement for Combining Employment and Wages (part 616 of this chapter) shall apply, where appropriate, to individuals filing claims for UCFE. (d) Procedural requirements. The provisions of the applicable State law which apply hereunder to claims for and the payment of UCFE shall be applied consistently with the requirements of title III of the Social Security Act and the Federal Unemployment Tax Act which are pertinent in the case of State unemployment compensation, including but not limited to those standards and requirements specifically referred to in the provisions of this part, except as provided in paragraph (f) of § 609.6. | |||||
| 20:20:3.0.2.1.7.2.1.8 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.10 Restrictions on entitlement. | DOL | (a) Disqualification. If the week of unemployment for which an individual claims UCFE is a week to which a disqualification for State unemployment compensation applies under the applicable State law, or would apply but for the fact that the individual has no right to such compensation, the individual shall not be entitled to a payment of UCFE for that week. (b) Allocation of terminal annual leave payments. Lump-sum terminal annual leave payments shall not be allocated by a Federal agency and shall be allocated by a State agency in the same manner as similar payments to individuals employed by private employers are allocated under the applicable State law. In a State in which a private employer has an option as to the period to which such payments shall be allocated, such payments shall be allocated to the date of separation from employment. | |||||
| 20:20:3.0.2.1.7.2.1.9 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | B | Subpart B—Administration of UCFE Program | § 609.11 Overpayments; penalties for fraud. | DOL | (a) False statements and representations. Section 8507(a) of the Act provides that if a State agency, the Department, or a court of competent jurisdiction finds that an individual— (1) Knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and (2) As a result of that action has received an amount as UCFE to which the individual was not entitled; the individual shall repay the amount to the State agency or the Department. Instead of requiring repayments, the State agency or the Department may recover the amount by deductions from UCFE payable to the individual during the 2-year period after the date of the finding. A finding by a State agency or the Department may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under § 609.7. (b) Prosecution for fraud. Section 1919 of title 18, United States Code, provides that whoever makes a false statement or representation of a material fact knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase for himself or for any other individual any payment authorized to be paid under chapter 85 of title 5, United States Code, or under an agreement thereunder, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (c) Absence of fraud. If a State agency or court of competent jurisdiction finds that an individual has received a payment of UCFE to which the individual was not entitled under the Act and this part, which was not due to a false statement or representation as provided in paragraph (a) or (b) of this section, the individual shall be liable to repay to the applicable State the total sum of the payment to which the individual was not entitled, and the State agency shall take all reasonable measures authorized under any State law or Federal law to recover for the account of the United States the total sum of the pa… | |||||
| 20:20:3.0.2.1.7.3.1.1 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | C | Subpart C—Responsibilities of Federal Agencies | § 609.20 Information to Federal civilian employees. | DOL | Each Federal agency shall: (a) Furnish information to its employees as to their rights and responsibilities under the UCFE Program and 18 U.S.C. 1919; and (b) Furnish a completed copy of a form approved by the Department, “Notice to Federal Employee About Unemployment Compensation,” in accordance with instructions thereon, to each employee at the time of separation from Federal civilian service, when transferred from one payroll office to another, or when the office responsible for distribution of the form is advised that an individual is in nonpay status for seven consecutive days or more. | |||||
| 20:20:3.0.2.1.7.3.1.2 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | C | Subpart C—Responsibilities of Federal Agencies | § 609.21 Findings of Federal agency. | DOL | (a) Answering request. Within four workdays after receipt from a State agency of a request for Federal findings on a form furnished by the State agency, and prescribed by the Department, a Federal agency shall make such Federal findings, complete all copies of the form, and transmit the completed copies to the State agency. If documents necessary for completion of the form have been assigned to an agency records center or the Federal Records Center in St. Louis, the Federal agency shall obtain the necessary information from the records center. Any records center shall give priority to such a request. (b) Failure to meet time limit. If a completed form containing the Federal agency's findings cannot be returned within four workdays of receipt, the Federal agency immediately shall inform the State agency, and shall include an estimated date by which the completed form will be returned. (c) Administrative control. Each Federal agency shall maintain a control of all requests for Federal findings received by it, and the Federal agency's response to each request. The records shall be maintained so as to enable the Federal agency to ascertain at any time the number of such forms that have not been returned to State agencies, and the dates of the Federal agency's receipt of such unreturned forms. | |||||
| 20:20:3.0.2.1.7.3.1.3 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | C | Subpart C—Responsibilities of Federal Agencies | § 609.22 Correcting Federal findings. | DOL | If a Federal agency ascertains at any time within one year after it has returned a completed form reporting its findings, that any of its findings were erroneous, it shall promptly correct its error and forward its corrected findings to the State agency. | |||||
| 20:20:3.0.2.1.7.3.1.4 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | C | Subpart C—Responsibilities of Federal Agencies | § 609.23 Furnishing additional information. | DOL | On receipt of a request for additional information from a State agency, a Federal agency shall consider the information it supplied initially in connection with such request and shall review its findings. The Federal agency promptly shall forward to the State agency such additional findings as will respond to the request. The Federal agency shall, if possible, respond within four workdays after the receipt of a request under this section. | |||||
| 20:20:3.0.2.1.7.3.1.5 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | C | Subpart C—Responsibilities of Federal Agencies | § 609.24 Reconsideration of Federal findings. | DOL | On receipt of a request for reconsideration of Federal findings from a State agency, the Federal agency shall consider the initial information supplied in connection with such request and shall review its findings. The Federal agency shall correct any errors or omissions in its findings and shall affirm, modify, or reverse any or all of its findings in writing. The Federal agency promptly shall forward its reconsidered findings to the requesting authority. The Federal agency shall, if possible, respond within four workdays after the receipt of a request under this section. | |||||
| 20:20:3.0.2.1.7.3.1.6 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | C | Subpart C—Responsibilities of Federal Agencies | § 609.25 Furnishing other information. | DOL | (a) Additional Information. In addition to the information required by §§ 609.21, 609.22, 609.23, and 609.24, a Federal agency shall furnish to a State agency or the Department, within the time requested, any information which it is not otherwise prohibited from releasing by law, which the Department determines is necessary for the administration of the UCFE Program. (b) Reports. Federal agencies shall furnish to the Department or State agencies such reports containing such information as the Department determines are necessary or appropriate for carrying out the purposes of the UCFE Program. | |||||
| 20:20:3.0.2.1.7.3.1.7 | 20 | Employees' Benefits | V | 609 | PART 609—UNEMPLOYMENT COMPENSATION FOR FEDERAL CIVILIAN EMPLOYEES | C | Subpart C—Responsibilities of Federal Agencies | § 609.26 Liaison with Department. | DOL | To facilitate the Department's administration of the UCFE Program, each Federal agency shall designate one or more of its officials to be the liaison with the Department. Each Federal agency will inform the Department of its designation(s) and of any change in a designation. | |||||
| 34:34:3.1.3.1.9.1.17.1 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | A | Subpart A—General | § 609.1 What is the Strengthening Historically Black Graduate Institutions Program? | ED | The Strengthening Historically Black Graduate Institutions Program provides grants to the institutions listed in § 609.2 to assist these institutions in establishing and strengthening their physical plants, development offices, endowment funds, academic resources and student services so that they may continue to participate in fulfilling the goal of equality of educational opportunity in graduate education. | |||||
| 34:34:3.1.3.1.9.1.17.2 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | A | Subpart A—General | § 609.2 What institutions are eligible to receive a grant under this part? | ED | (a) An institution or an institution's qualified graduate program listed in paragraph (b) of this section is eligible to receive a grant under this part if the Secretary determines that the institution is making a substantial contribution to legal, medical, dental, veterinary or other graduate education opportunities for Black Americans. (b) The institutions and programs referred to in paragraph (a) of this section are— (1) Morehouse School of Medicine; (2) Meharry Medical School; (3) Charles R. Drew Postgraduate Medical School; (4) Clark Atlanta University; (5) Tuskegee Institute School of Veterinary Medicine; (6) Xavier University School of Pharmacy; (7) Southern University School of Law; (8) Texas Southern University School of Law and School of Pharmacy; (9) Florida A&M University School of Pharmaceutical Sciences; (10) North Carolina Central University School of Law; (11) Morgan State University's qualified graduate program; (12) Hampton University's qualified graduate program; (13) Alabama A&M's qualified graduate program; (14) North Carolina A&T State University's qualified graduate program; (15) University of Maryland Eastern Shore's qualified graduate program; and (16) Jackson State University's qualified graduate program. (c) An institution that was awarded a grant prior to October 1, 1992 may continue to receive grant payments, regardless of the eligibility of the graduate institutions described in paragraphs (b)(6) through (16) of this section, until the institution's grant period has expired or September 30, 1993, whichever is later. (d) No institution of higher education or university system may receive more than one grant under this section in any fiscal year. | |||||
| 34:34:3.1.3.1.9.1.17.3 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | A | Subpart A—General | § 609.3 What regulations apply? | ED | [59 FR 38717, July 20, 1993, as amended at 79 FR 76101, Dec. 19, 2014] | The following regulations apply to this part: (a) The Department of Education General Administrative Regulations (EDGAR) as follows: (1) [Reserved] (2) The following sections of 34 CFR part 75 (Direct Grant Programs): §§ 75.1-75.104, 75.125-75.129, 75.190-75.192, 75.230-75.261, 75.500, 75.510-75.519, 75.524-75.534, 75.580-75.903, and 75.901; (3) 34 CFR part 77 (Definitions that Apply to Department Regulations). (4) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities). (5) 34 CFR part 82 (New Restrictions on Lobbying). (6) [Reserved] (7) 34 CFR part 86 (Drug-Free Schools and Campuses). (b) The regulations in this part 609. (c)(1) 2 CFR part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485; and (2) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474. | ||||
| 34:34:3.1.3.1.9.1.17.4 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | A | Subpart A—General | § 609.4 What definitions apply? | ED | [59 FR 38717, July 20, 1993, as amended at 79 FR 76101, Dec. 19, 2014] | (a) General definitions. The following terms used in this part are defined in 2 CFR part 200, subpart A, or 34 CFR 77.1: Applicant Application Award Budget EDGAR Equipment Fiscal year Grant period Private Project period Public Secretary (b) The following definition applies to a term used in this part: Qualified graduate program means a graduate or professional program that— (i) Provides a program of instruction in the physical or natural sciences, engineering, mathematics, or other scientific disciplines in which African Americans are underrepresented; (ii) Has been accredited or approved by a nationally recognized accrediting agency or association. (The Secretary publishes a list in the Federal Register of nationally recognized accrediting agencies and associations.); and (iii) Has students enrolled in that program when the institution offering the program applies for a grant under this part. | ||||
| 34:34:3.1.3.1.9.2.17.1 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | B | Subpart B—What Kind of Projects Does the Secretary Fund? | § 609.10 What activities may be carried out under a grant? | ED | [59 FR 38717, July 20, 1993, as amended at 85 FR 59981, Sept. 23, 2020] | (a) Allowable activities. Except as provided in paragraph (b) of this section, a grantee may carry out the following activities under this part— (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional or research purposes; (2) Construction, maintenance, renovation, and improvement in classroom, library, laboratory, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services; (3) Support of faculty exchanges, faculty development and faculty fellowships to assist these faculty members in attaining advanced degrees in their fields of instruction; (4) Academic instruction in disciplines in which Black Americans are underrepresented; (5) Purchase of library books, periodicals, microfilm, and other educational materials, including telecommunications program materials; (6) Tutoring, counseling, and student service programs designed to improve academic success; (7) Funds and administrative management, and acquisition of equipment for use in strengthening funds management; (8) Joint use of facilities, such as laboratories and libraries; (9) Establishing or improving a development office to strengthen or improve contributions from alumni and the private sector; (10) Establishing or enhancing a program of teacher education designed to qualify students to teach in a public elementary or secondary school in the State that shall include, as part of such program preparation for teacher certification; (11) Establishing community outreach programs that will encourage elementary and secondary students to develop the academic skills and the interest to pursue postsecondary education; (12) Other activities that it proposes in its application that contribute to carrying out the purpose of this part and are approved by the Secretary; (13) Establishing or improving a development office to strengthen and increase contributions from alumni and the private sector; and (14) Establishing and maintaining … | ||||
| 34:34:3.1.3.1.9.2.17.2 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | B | Subpart B—What Kind of Projects Does the Secretary Fund? | § 609.11 What is the duration of a grant? | ED | The Secretary may award a grant under this part for a period of up to five academic years. | |||||
| 34:34:3.1.3.1.9.2.17.3 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | B | Subpart B—What Kind of Projects Does the Secretary Fund? | § 609.12 Severability. | ED | [85 FR 59981, Sept. 23, 2020] | If any provision of this subpart or its application to any person, act, or practice is held invalid, the remainder of the subpart or the application of its provisions to any person, act, or practice shall not be affected thereby. | ||||
| 34:34:3.1.3.1.9.3.17.1 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | C | Subpart C—How Does an Eligible Institution Apply for a Grant? | § 609.20 What are the application requirements for a grant under this part? | ED | In order to receive a grant under this part, an institution must submit an application to the Secretary at such time and in such manner as the Secretary may prescribe. The application must contain— (a) A description of the activities to be carried out with grant funds and how those activities will improve graduate educational opportunities for Black and low-income students and lead to greater financial independence for the applicant; (b) A description of how the applicant is making a substantial contribution to the legal, medical, dental, veterinary or other graduate education opportunities for Black Americans; (c) An assurance from each applicant requesting in excess of $500,000 that 50 percent of the costs of all the activities to be carried out under the grant will come from non-Federal sources; (d) A description of how the grant funds will be used so that they will supplement, and to the extent practical, increase the funds that would otherwise be made available for the activities to be carried out under the grant and in no case supplant those funds, for the activities described in § 609.10(a)(1) through § 609.10(a)(14); (e) An assurance that the proposed activities in the application are in accordance with any State plan that is applicable to the institution; and (f)(1) A comprehensive development plan as described in § 609.21; or (2) If an applicant has already submitted a comprehensive development plan as described in § 609.21, a description of the progress the applicant has made in carrying out the goals of its plan. | |||||
| 34:34:3.1.3.1.9.3.17.2 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | C | Subpart C—How Does an Eligible Institution Apply for a Grant? | § 609.21 What is a comprehensive development plan and what must it contain? | ED | (a) A comprehensive development plan must describe an institution's strategy for achieving growth and self-sufficiency by strengthening its— (1) Financial management; (2) Academic programs; and (b) The comprehensive development plan must include the following: (1) An assessment of the strengths and weaknesses of the institution's financial management and academic programs. (2) A delineation of the institution's goals for its financial management and academic programs, based on the outcomes of the assessment described in paragraph (b)(1) of this section. (3) A listing of measurable objectives designed to assist the institution to reach each goal with accompanying timeframes for achieving the objectives. (4) A description of methods, processes and procedures that will be used by the college or university to institutionalize financial management and academic program practices and improvements developed under the proposed funded activities. | |||||
| 34:34:3.1.3.1.9.4.17.1 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | D | Subpart D—How Does the Secretary Make a Grant? | § 609.30 What is the procedure for approving and disapproving grant applications? | ED | The Secretary approves any application that satisfies the requirements of §§ 609.10 and 609.20. | |||||
| 34:34:3.1.3.1.9.4.17.2 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | D | Subpart D—How Does the Secretary Make a Grant? | § 609.31 How does the Secretary determine the amount of a grant? | ED | Of the amount appropriated for any fiscal year— (a)(1) The first $12,000,000 (or any lesser amount appropriated) shall be available only for the purpose of making grants to institutions or programs described in § 609.2(b)(1) through § 609.2(b)(5); (2) If the sum of the approved applications does not exceed the amount appropriated, the Secretary awards grants in the amounts requested and approved; (3) If the sum of the approved requests exceeds the sum appropriated, and Morehouse School of Medicine submits an approved request for at least $3,000,000, and the amount appropriated exceeds $3,000,000, the Secretary awards no less than $3,000,000 to Morehouse School of Medicine and reduces the grants to the institutions described in § 609.2(b)(1) through § 609.2(b)(5) as the Secretary considers appropriate, so that the sum of the approved grants equals the amount appropriated; and (4) If Morehouse School of Medicine submits an approved request for at least $3,000,000 and the amount appropriated does not exceed $3,000,000, Morehouse School of Medicine receives all the appropriated funds; and (b)(1) Any amount appropriated in excess of $12,000,000 shall be available for the purpose of making grants, in equal amounts not to exceed $500,000, to institutions or programs described in § 609.2(b)(6) through § 609.2(b)(16); and (2) If any funds remain, the Secretary makes grants to institutions or programs described in § 609.2(b)(1) through § 609.2(b)(16). | |||||
| 34:34:3.1.3.1.9.5.17.1 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | E | Subpart E—What Conditions Must a Grantee Meet? | § 609.40 What are the matching requirements? | ED | If an institution receives a grant in excess of $500,000, it must spend non-Federal funds to meet the cost of at least 50 percent of the activities approved in its application. | |||||
| 34:34:3.1.3.1.9.5.17.2 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | E | Subpart E—What Conditions Must a Grantee Meet? | § 609.41 What are allowable costs and what are the limitations on allowable costs? | ED | (a) Allowable costs. Except as provided in paragraphs (b) and (c) of this section, a grantee may expend grant funds for activities that are reasonably related to carrying out the allowable activities included in its approved application. (b) Supplement and not supplant. A grantee shall use grant funds so that they supplement, and to the extent practical, increase the funds that would otherwise be available for the activities to be carried out under the grant, and in no case supplant those funds. (c) Limitations on allowable costs. A grantee may not— (1) Spend more than fifty percent of its grant award in each fiscal year for costs relating to constructing or maintaining a classroom, library, laboratory, or other instructional facility; and (2) Use an indirect cost rate to determine allowable costs under its grant. | |||||
| 34:34:3.1.3.1.9.5.17.3 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | E | Subpart E—What Conditions Must a Grantee Meet? | § 609.42 What are the audit and repayment requirements? | ED | (a)(1) A grantee shall provide for the conduct of a compliance and financial audit of any funds it receives under this part by a qualified, independent organization or person in accordance with the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, 1981 revision, established by the Comptroller General of the United States. This publication is available from the Superintendent of Documents, U.S. Government Printing Office. (2) The grantee shall have an audit conducted at least once every two years, covering the period since the previous audit, and the grantee shall submit the audit to the Secretary. (3) If a grantee is audited under chapter 75 of title 31 of the United States Code, the Secretary considers that audit to satisfy the requirements of paragraph (a)(1) of this section. (b) An institution awarded a grant under this part must submit to the Department of Education Inspector General three copies of the audit required in paragraph (a) of this section within six months after completion of the audit. (c) Any individual or firm conducting an audit described in this section shall give the Department of Education's Inspector General access to records or other documents necessary to review the results of the audit. (d) A grantee shall repay to the Treasury of the United States any grant funds it received that it did not expend or use to carry out the allowable activities included in its approved application within ten years following the date of the initial grant it received under this part. | |||||
| 34:34:3.1.3.1.9.5.17.4 | 34 | Education | VI | 609 | PART 609—STRENGTHENING HISTORICALLY BLACK GRADUATE INSTITUTIONS PROGRAM | E | Subpart E—What Conditions Must a Grantee Meet? | § 609.43 Under what conditions does the Secretary terminate a grant? | ED | The Secretary terminates any grant under which funds were not expended if an institution loses— (a) Its accredited status; or (b) Its legal authority in the State in which it is located. | |||||
| 49:49:7.1.2.1.6.0.1.1 | 49 | Transportation | VI | 609 | PART 609—TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS | § 609.1 Purpose. | FTA | The purpose of this part is to establish formally the requirements of the Federal Transit Administration (FTA) on transportation for elderly and handicapped persons. | |||||||
| 49:49:7.1.2.1.6.0.1.2 | 49 | Transportation | VI | 609 | PART 609—TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS | § 609.3 Definitions. | FTA | As used herein: Elderly and handicapped persons means those individuals who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including those who are nonambulatory wheelchair-bound and those with semi-ambulatory capabilities, are unable without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected. | |||||||
| 49:49:7.1.2.1.6.0.1.3 | 49 | Transportation | VI | 609 | PART 609—TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS | § 609.5 Applicability. | FTA | [41 FR 18239, Apr. 30, 1976, as amended at 61 FR 19562, May 2, 1996] | This part, which applies to projects approved by the Federal Transit Administrator on or after May 31, 1976, applies to all planning, capital, and operating assistance projects receiving Federal financial assistance under sections 5307 or 5308 of the Federal transit laws (49 U.S.C. Chapter 53), and nonhighway public mass transportation projects receiving Federal financial assistance under: (1) Subsection (a) or (c) of section 142 of title 23, United States Code; and (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code. However, under certain circumstances evident in §§ 609.13 through 609.21, the latter sections apply to fixed facilities and vehicles included in projects approved before May 31, 1976. Sections in this part on capital assistance applications, fixed facilities, and vehicles apply expressly to capital assistance projects receiving Federal financial assistance under any of the above statutes. | ||||||
| 49:49:7.1.2.1.6.0.1.4 | 49 | Transportation | VI | 609 | PART 609—TRANSPORTATION FOR ELDERLY AND HANDICAPPED PERSONS | § 609.23 Reduced fare. | FTA | [41 FR 18239, Apr. 30, 1976, as amended at 61 FR 19562, May 2, 1996] | Applicants for financial assistance under section 5307 of the Federal transit laws (49 U.S.C. Chapter 53), must, as a condition to receiving such assistance, give satisfactory assurances, in such manner and form as may be required by the Federal Transit Administrator and in accordance with such terms and conditions as the Federal Transit Administrator may prescribe, that the rates charged elderly and handicapped persons during non-peak hours for transportation utilizing or involving the facilities and equipment of the project financed with assistance under this section will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise. |
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