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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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| 15:15:2.1.3.2.1.1.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | A | Subpart A—Purpose | § 700.1 Purpose of this part. | BIS | [79 FR 47563, Aug. 14, 2014, as amended at 89 FR 58970, July 22, 2024] | This part implements the Defense Priorities and Allocations System (DPAS) that is administered by the Department of Commerce, Bureau of Industry and Security. The DPAS implements the priorities and allocations authority of the Defense Production Act (50 U.S.C. 4501 et seq. ), delegated to the Department of Commerce under Executive Order 13603, including use of that authority to support emergency preparedness activities pursuant to Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq. ), and the priorities authority of the Selective Service Act and related statutes, all with respect to industrial resources. The DPAS establishes procedures for the placement, acceptance, and performance of priority rated contracts and orders (other than contracts of employment) and for the allocation of materials, services, and facilities for approved programs. The guidance and procedures in this part are generally consistent with the guidance and procedures provided in other regulations issued under Executive Order 13603 authority. | |||
| 15:15:2.1.3.2.1.10.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.70 General provisions. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, June 11, 1998; 79 FR 47570, Aug. 14, 2014; 89 FR 58976, July 22, 2024] | (a) Compliance actions may be taken for any reason necessary or appropriate to the enforcement or the administration of the Defense Production Act, the Selective Service Act and related statutes, this part, or an official action. Such actions include audits, investigations, or other inquiries. (b) Willful violation of any of the provisions of Title I or section 705 of the Defense Production Act, this part, or an official action of the Department of Commerce, is a criminal act, punishable as provided in sections 103 and 705 of the Defense Production Act. | |||
| 15:15:2.1.3.2.1.10.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.71 Audits and investigations. | BIS | [79 FR 47570, Aug. 14, 2014, as amended at 89 FR 58976, July 22, 2024] | (a) Audits and investigations are official actions involving the examination of books, records, documents, other writings, and information to ensure that the provisions of the Defense Production Act, the Selective Service Act and related statutes, and this part have been properly followed. An audit or investigation may also include interviews and a systems evaluation to detect problems or failures in the implementation of this part. (b) When undertaking an audit, investigation, or other inquiry, the Department of Commerce shall: (1) Define the scope and purpose in the official action given to the person under investigation, and (2) Have ascertained that the information sought or other adequate and authoritative data are not available from any Federal or other responsible agency. (c) In administering this part, the Department of Commerce may issue the following documents, which constitute official actions: (1) Administrative subpoenas. An administrative subpoena requires a person to appear as a witness before an official designated by the Department of Commerce to testify under oath on matters of which that person has knowledge relating to the enforcement or the administration of the Defense Production Act, the Selective Service Act and related statutes, or this part. An administrative subpoena may also require the production of books, papers, records, documents and physical objects or property. (2) Demand for information. A demand for information requires a person to furnish to a duly authorized representative of the Department of Commerce any information necessary or appropriate to the enforcement or the administration of the Defense Production Act, the Selective Service Act, or this part. (3) Inspection authorizations. An inspection authorization requires a person to permit a duly authorized representative of the Department of Commerce to interview the person's employees or agents, to inspect books, records, documents, other writings and information in the person's possession or control at the plac… | |||
| 15:15:2.1.3.2.1.10.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.72 Compulsory process. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, June 11, 1998; 67 FR 45633, July 10, 2002; 71 FR 39528, July 13, 2006; 79 FR 47570, Aug. 14, 2014] | (a) If a person refuses to permit a duly authorized representative of the Department of Commerce to have access to any premises or source of information necessary to the administration or enforcement of the Defense Production Act or this part, the Department of Commerce may seek compulsory process. Compulsory process means the institution of appropriate legal action, including ex parte application for an inspection warrant or its equivalent, in any forum of appropriate jurisdiction. (b) Compulsory process may be sought in advance of an audit, investigation, or other inquiry, if, in the judgment of the Director of the Office of Strategic Industries and Economic Security, U.S. Department of Commerce, in consultation with the Chief Counsel for Industry and Security, U.S. Department of Commerce, there is reason to believe that a person will refuse to permit an audit, investigation, or other inquiry, or that other circumstances exist which make such process desirable or necessary. | |||
| 15:15:2.1.3.2.1.10.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.73 Notification of failure to comply. | BIS | [79 FR 47570, Aug. 14, 2014] | (a) At the conclusion of an audit, investigation, or other inquiry, or at any other time, the Department of Commerce may inform the person in writing where compliance with the requirements of the Defense Production Act, the Selective Service Act and related statutes, or this part were not met. (b) In cases where the Department of Commerce determines that failure to comply with the provisions of the Defense Production Act, the Selective Service Act and related statutes, or this part was inadvertent, the person may be informed in writing of the particulars involved and the corrective action to be taken. Failure to take corrective action may then be construed as a willful violation of the Defense Production Act, this part, or an official action. | |||
| 15:15:2.1.3.2.1.10.1.5 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.74 Violations, penalties, and remedies. | BIS | [79 FR 47571, Aug. 14, 2014, as amended at 89 FR 58976, July 22, 2024] | (a) Willful violation of the provisions of Title I or sections 705 or 707 of the Defense Production Act, the priorities provisions of the Selective Service Act and related statutes or this part is a crime and upon conviction, a person may be punished by fine or imprisonment, or both as provided in sections 103 and 705 of the Defense Production Act and in section 468(f) of the Selective Service Act. (b) The government may also seek an injunction from a court of appropriate jurisdiction to prohibit the continuance of any violation of, or to enforce compliance with, the Defense Production Act, this part, or an official action. (c) In order to secure the effective enforcement of the Defense Production Act, this part, and official actions, the following are prohibited (see section 704 of the Defense Production Act; see e.g., sections 2 and 371 of Title 18 United States Code): (1) No person may solicit, influence or permit another person to perform any act prohibited by, or to omit any act required by, the Defense Production Act, this part, or an official action. (2) No person may conspire or act in concert with any other person to perform any act prohibited by, or to omit any act required by, the Defense Production Act, this part, or an official action. (3) No person shall deliver any item if the person knows or has reason to believe that the item will be accepted, redelivered, held, or used in violation of the Defense Production Act, this part, or an official action. In such instances, the person must immediately notify the Department of Commerce that, in accordance with this section, delivery has not been made. | |||
| 15:15:2.1.3.2.1.10.1.6 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.75 Compliance conflicts. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, June 11, 1998] | If compliance with any provision of the Defense Production Act, the Selective Service Act and related statutes, this regulation, or an official action would prevent a person from filling a rated order or from complying with another provision of the Defense Production Act, this regulation, or an official action, the person must immediately notify the Department of Commerce for resolution of the conflict. | |||
| 15:15:2.1.3.2.1.11.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | K | Subpart K—Adjustments, Exceptions, and Appeals | § 700.80 Adjustments or exceptions. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, 31925, June 11, 1998; 79 FR 47571, Aug. 14, 2014; 89 FR 58976, July 22, 2024] | (a) A person may submit a request to the Office of Strategic Industries and Economic Security, U.S. Department of Commerce, for an adjustment or exception on the ground that: (1) A provision of this part or an official action results in an undue or exceptional hardship on that person not suffered generally by others in similar situations and circumstances; or (2) The consequence of following a provision of this part or an official action is contrary to the intent of the Defense Production Act, the Selective Service Act and related statutes, or this part. (b) Each request for adjustment or exception must be in writing and contain a complete statement of all the facts and circumstances related to the provision of this part or official action from which adjustment is sought and a full and precise statement of the reasons why relief should be provided. (c) The submission of a request for adjustment or exception shall not relieve any person from the obligation of complying with the provisions of this part or official action in question while the request is being considered unless such interim relief is granted in writing by the Office of Strategic Industries and Economic Security. The Office of Strategic Industries and Economic Security shall respond to requests for adjustment of or exceptions to compliance with the provisions of this part or an official action within twenty-five (25) days, not including Saturdays, Sundays or Government holidays, of the date of receipt. (d) A decision of the Office of Strategic Industries and Economic Security under this section may be appealed to the Assistant Secretary for Export Administration, U.S. Department of Commerce. (For information on the appeal procedure, see § 700.81.) | |||
| 15:15:2.1.3.2.1.11.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | K | Subpart K—Adjustments, Exceptions, and Appeals | § 700.81 Appeals. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31925, June 11, 1998; 71 FR 39528, July 13, 2006; 79 FR 47571, Aug. 14, 2014; 89 FR 58976, July 22, 2024] | (a) Any person who has had a request for adjustment or exception denied by the Office of Strategic Industries and Economic Security under § 700.80, may appeal to the Assistant Secretary for Export Administration, Department of Commerce, who shall review and reconsider the denial. Such appeals should be submitted to the Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Room 3886, Washington, DC 20230, Ref: DPAS Appeals. (b) Appeals of denied requests for exceptions from or adjustments to compliance with the provisions of this part or an official action must be received by the Assistant Secretary for Export Administration no later than forty-five (45) days after receipt of a written notice of denial from the Office of Strategic Industries and Economic Security. After this forty-five (45) day period, an appeal may be accepted at the discretion of the Assistant Secretary for Export Administration. (c) Each appeal must be in writing and contain a complete statement of all the facts and circumstances related to the action appealed from and a full and precise statement of the reasons the decision should be modified or reversed. (d) In addition to the written materials submitted in support of an appeal, an appellant may request, in writing, an opportunity for an informal hearing. This request may be granted or denied at the discretion of the Assistant Secretary for Export Administration. (e) When a hearing is granted, the Assistant Secretary for Export Administration may designate an employee of the Department of Commerce to conduct the hearing and to prepare a report. The hearing officer shall determine all procedural questions and impose such time or other limitations deemed reasonable. In the event that the hearing officer decides that a printed transcript is necessary, all expenses shall be borne by the appellant. (f) When determining an appeal, the Assistant Secretary for Export Administration may consider all information submitted during the a… | |||
| 15:15:2.1.3.2.1.12.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.90 Protection against claims. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47571, Aug. 14, 2014] | A person shall not be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with any provision of this part, or an official action, notwithstanding that such provision or action shall subsequently be declared invalid by judicial or other competent authority. | |||
| 15:15:2.1.3.2.1.12.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.91 Records and reports. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, 31925, June 11, 1998; 79 FR 47571, Aug. 14, 2014] | (a) Persons are required to make and preserve for at least three years, accurate and complete records of any transaction covered by this part (OMB control number 0694-0053) or an official action. (b) Records must be maintained in sufficient detail to permit the determination, upon examination, of whether each transaction complies with the provisions of this part or any official action. However, this part does not specify any particular method or system to be used. (c) Records required to be maintained by this part must be made available for examination on demand by duly authorized representatives of the Department of Commerce as provided in § 700.71. (d) In addition, persons must develop, maintain, and submit any other records and reports to the Department of Commerce that may be required for the administration of the Defense Production Act, the Selective Service Act and related statutes, and this part. (e) Section 705(d) of the Defense Production Act provides that information obtained under this section which the President deems confidential, or with reference to which a request for confidential treatment is made by the person furnishing such information, shall not be published or disclosed unless the President determines that the withholding of this information is contrary to the interest of the national defense. Information required to be submitted to the Department of Commerce in connection with the enforcement or administration of the Act, this part, or an official action, is deemed to be confidential under section 705(d) of the Act and shall not be published or disclosed except as required by law. | |||
| 15:15:2.1.3.2.1.12.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.92 Applicability of this part and official actions. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47571, Aug. 14, 2014] | (a) This part and all official actions, unless specifically stated otherwise, apply to transactions in any state, territory, or possession of the United States and the District of Columbia. (b) This part and all official actions apply not only to deliveries to other persons but also include deliveries to affiliates and subsidiaries of a person and deliveries from one branch, division, or section of a single entity to another branch, division, or section under common ownership or control. (c) This part and its schedules shall not be construed to affect any administrative actions taken by the Department of Commerce, or any outstanding contracts or orders placed pursuant to any of the regulations, orders, schedules or delegations of authority under the Defense Materials System and Defense Priorities System previously issued by the Department of Commerce. Such actions, contracts, or orders shall continue in full force and effect under this part unless modified or terminated by proper authority. (d) The repeal of any provision of this part, orders, schedules and delegations of authority of the Defense Materials System (DMS) and Defense Priorities System (DPS) shall not have the effect to release or extinguish any penalty or liability incurred under the DMS/DPS. The DMS/DPS shall be treated as still remaining in force for the purpose of sustaining any action for the enforcement of such penalty or liability. | |||
| 15:15:2.1.3.2.1.12.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.93 Communications. | BIS | [89 FR 58976, July 22, 2024] | General communications concerning this part, including how to obtain copies of this part, explanatory information, and requests for guidance or clarification, may be addressed to the Office of Strategic Industries and Economic Security, Room 3876, Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, Ref: DPAS; Telephone (202) 482-3634, email DPAS@bis.doc.gov. Request for special priorities assistance under § 700.50, adjustments or exceptions under § 700.80, or appeals under § 700.81, must be submitted in the manner specified in those sections. | |||
| 15:15:2.1.3.2.1.2.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | B | Subpart B—Overview | § 700.2 Introduction. | BIS | [89 FR 58970, July 22, 2024] | (a) Certain national defense and energy programs (including military, emergency preparedness, homeland security, and critical infrastructure protection and restoration activities) may be eligible for priorities and allocations support as determined by a Determination Department. (b) The Department of Commerce administers the DPAS and may exercise priorities and allocations authority to ensure the timely delivery of industrial resources to meet approved program requirements. (c) The Department of Commerce has delegated authority to place priority ratings on contracts or orders necessary or appropriate to promote the national defense to certain government agencies that issue such contracts or orders. Such delegations include authority to authorize recipients of rated orders to place ratings on contracts or orders to contractors, subcontractors, and suppliers. Schedule I to this part includes a list of agencies to which the Department of Commerce has delegated authority. The Department of Commerce is also listed as an agency for programs where its authorization is necessary to place rated orders. | |||
| 15:15:2.1.3.2.1.2.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | B | Subpart B—Overview | § 700.3 Priority ratings and rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31921, June 11, 1998; 79 FR 47563, Aug. 14, 2014; 89 FR 58970, July 22, 2024] | (a) Rated orders are identified by a priority rating, which consists of a rating symbol (DO or DX), and a program identification symbol. Rated orders take precedence over all unrated orders as necessary to meet required delivery dates. Rating symbols indicate the level of priority. Among rated orders, DX rated orders take precedence over DO rated orders. Program identification symbols indicate which approved program is attributed to the rated order. (b) Persons receiving rated orders must give them preferential treatment as required by this part. (c) All rated orders must be scheduled to the extent possible to ensure delivery by the required delivery date. (d) Persons who receive rated orders must in turn place rated orders with their suppliers for the industrial resources they need to fill the orders. This provision ensures that suppliers will give priority treatment to rated orders from contractor to subcontractor to suppliers throughout the procurement chain. (e) Persons may place a priority rating on orders only when they are in receipt of a rated order, have been explicitly authorized to do so by the Department of Commerce or a Delegate Agency, or are otherwise permitted to do so by this part. | |||
| 15:15:2.1.3.2.1.2.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | B | Subpart B—Overview | §§ 700.4-700.7 [Reserved] | BIS | |||||
| 15:15:2.1.3.2.1.3.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | C | Subpart C—Definitions | § 700.8 Definitions. | BIS | [79 FR 47564, Aug. 14, 2014, as amended at 89 FR 58970, July 22, 2024] | The definitions in this section apply throughout this part: Allocation. The control of the distribution of materials, services or facilities for a purpose deemed necessary or appropriate to promote the national defense. Allocation order. An official action to control the distribution of materials, services, or facilities for a purpose deemed necessary or appropriate to promote the national defense. Allotment. An official action that specifies the maximum quantity of a material, service, or facility authorized for a specific use to promote the national defense. Approved program. A program determined in writing as necessary or appropriate for priorities and allocations support to promote the national defense by the Secretary of Defense, the Secretary of Energy, or the Secretary of Homeland Security, under the authority of the Defense Production Act and Executive Order 13603, or the Selective Service Act and Executive Order 12742. Construction. The erection, addition, extension, or alteration of any building, structure, or project, using materials or products which are to be an integral and permanent part of the building, structure, or project. Construction does not include maintenance and repair. Critical infrastructure. Any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety. Defense Production Act. The Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq. ). Delegate Agency. A government agency authorized by delegation from the Department of Commerce to place priority ratings on contracts or orders needed to support approved programs. Determination Department. Any of the three Federal departments whose head is delegated authority by the President under section 202 of Executive Order 13603 to determine in writing that a program is necessary or… | |||
| 15:15:2.1.3.2.1.4.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.10 Authority. | BIS | [79 FR 47565, Aug. 14, 2014, as amended at 89 FR 58971, July 22, 2024] | (a) Delegations to the Department of Commerce. The priorities and allocations authorities of the President under Title I of the Defense Production Act with respect to industrial resources have been delegated to the Secretary of Commerce under Executive Order 13603 of March 16, 2012 (3 CFR, 2012 Comp., p. 225). The priorities authorities of the President under the Selective Service Act and related statutes with respect to industrial resources have also been delegated to the Secretary of Commerce under Executive Order 12742 of January 8, 1991 (3 CFR, 1991 Comp. 309). (b) Delegations by the Department of Commerce. The Department of Commerce has authorized the Delegate Agencies to assign priority ratings to orders for industrial resources needed for use in approved programs. (c) Jurisdiction limitations. (1) The priorities and allocations authority for certain items have been delegated under Executive Order 13603, other executive orders, or Interagency Memoranda of Understanding between other agencies. Unless otherwise agreed to by the concerned agencies, the provisions of this part are not applicable to: (i) Food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer (delegated to the Department of Agriculture); (ii) All forms of energy (delegated to the Department of Energy); (iii) Health resources (delegated to the Department of Health and Human Services); (iv) All forms of civil transportation (delegated to the Department of Transportation); and (v) Water resources (delegated to the Department of Defense/U.S. Army Corps of Engineers). (2) The priorities and allocations authority set forth in this part may not be applied to communications services subject to Executive Order 13618 of July 6, 2012—Assignment of National Security and Emergency Preparedness Communications Functions (3 CFR, 2012 Comp., p. 273). | |||
| 15:15:2.1.3.2.1.4.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.11 Priority ratings. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31922, June 11, 1998; 71 FR 39528, July 13, 2006; 79 FR 47565, Aug. 14, 2014; 89 FR 58971, July 22, 2024] | (a) Levels of priority. (1) There are two levels of priority established by this regulation, identified by the rating symbols “DO” and “DX.” (2) All DO rated orders have equal priority with each other and take preference over unrated orders. All DX rated orders have equal priority with each other and take preference over DO rated orders and unrated orders. (For resolution of conflicts among rated orders of equal priority, see § 700.14(c).) (3) In addition, a Directive issued by Commerce takes preference over any DX rated order, DO rated order, or unrated order, as stipulated in the Directive. (For a full discussion of Directives, see § 700.62.) (b) Program identification symbols. Program identification symbols indicate which approved program is being supported by a rated order. The list of approved programs and their identification symbols is found in schedule I to this part. For example, A1 identifies defense aircraft programs and A7 signifies defense electronic and communications equipment programs. Program identification symbols, in themselves, do not connote any priority. (c) Priority ratings. A priority rating consists of the rating symbol—DO and DX—and the program identification symbol, such as A1, A7, or N1. Thus, a contract for the production of an aircraft will contain a DO-A1 or DX-A1 priority rating. A contract for a radar set will contain a DO-A7 or DX-A7 priority rating. | |||
| 15:15:2.1.3.2.1.4.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.12 Elements of a rated order. | BIS | [79 FR 47565, Aug. 14, 2014, as amended at 89 FR 58971, July 22, 2024] | (a) Elements required for all rated orders. (1) The appropriate priority rating and program identification symbol ( e.g., DO-A1, DX-A2, DO-N1). (2) A required delivery date or dates. The words “immediately” or “as soon as possible” do not constitute a delivery date. When a “requirements contract,” “basic ordering agreement,” “prime vendor contract,” or similar procurement document bearing a priority rating contains no specific delivery date or dates, but provides for the furnishing of items from time-to-time or within a stated period against specific purchase orders, such as “calls,” “requisitions,” and “delivery orders,” the purchase orders supporting such contracts or agreements must specify a required delivery date or dates and are to be considered as rated as of the date of their receipt by the supplier and not as of the date of the original procurement document. (3) The written signature on a manually placed order, or the digital signature or name on an electronically placed order, of an individual authorized to sign rated orders for the person placing the order. The signature, manual or digital, certifies that the rated order is authorized under this part and that the requirements of this part are being followed. (4) A statement that reads in substance: “This is a rated order certified for national defense use and you are required to follow all the provisions of the Defense Priorities and Allocations System regulation (15 CFR part 700).” (b) Additional element required for certain emergency preparedness rated orders. If a rated order is placed for the purpose of emergency preparedness requirements and expedited action is necessary or appropriate to meet these requirements, the following statement must be included in the order: “This rated order is placed for the purpose of emergency preparedness. It must be accepted or rejected within [Insert a time limit no less than the minimum applicable time limit specified in § 700.13(d)(2)].” | |||
| 15:15:2.1.3.2.1.4.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.13 Acceptance and rejection of rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31922, June 11, 1998; 70 FR 10864, Mar. 7, 2005; 79 FR 47565, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) Mandatory acceptance. (1) Except as otherwise specified in this section, a person shall accept every rated order received and must fill such orders regardless of any other rated or unrated orders that have been accepted. (2) A person shall not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders. (b) Mandatory rejection. Unless otherwise directed by Commerce: (1) A person shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section. (2) A person shall not accept a DO rated order for delivery on a date which would interfere with delivery of any previously accepted DO or DX rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible. (3) A person shall not accept a DX rated order for delivery on a date which would interfere with delivery of any previously accepted DX rated orders, but must offer to accept the order based on the earliest delivery date otherwise possible. (4) If a person is unable to fill all the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the person must offer to accept the rejected orders based on the earliest delivery dates otherwise possible. (c) Optional rejection. Unless otherwise directed by Commerce, rated orders may be rejected in any of the following cases as long as a supplier does not dis… | |||
| 15:15:2.1.3.2.1.4.1.5 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.14 Preferential scheduling. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31922, June 11, 1998; 79 FR 47566, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) A person must schedule operations, including the acquisition of all needed production items, in a timely manner to satisfy the delivery requirements of each rated order. Modifying production or delivery schedules is necessary only when required delivery dates for rated orders cannot otherwise be met. (b) DO rated orders must be given production preference over unrated orders, if necessary to meet required delivery dates, even if this requires the diversion of items being processed or ready for delivery against unrated orders. Similarly, DX rated orders must be given preference over DO rated orders and unrated orders. (c) Conflicting rated orders. (1) If a person finds that delivery or performance against any accepted rated orders conflicts with the delivery or performance against other accepted rated orders of equal priority status, the person shall give preference to the conflicting orders in the sequence in which they are to be delivered or performed (not to the receipt dates). If the conflicting rated orders are scheduled to be delivered or performed on the same day, the person shall give preference to those orders which have the earliest receipt dates. (2) If a person is unable to resolve rated order delivery or performance conflicts under this section, the person should promptly seek special priorities assistance as provided in subpart H of this part. If the person's customer objects to the rescheduling of delivery or performance of a rated order, the customer should promptly seek special priorities assistance as provided in subpart H of this part. For any rated order against which delivery or performance will be delayed, the person must notify the customer as provided in § 700.13(d)(3). (d) If a person is unable to purchase needed production items in time to fill a rated order by its required delivery date, the person must fill the rated order by using inventoried production items. A person who uses inventoried items to fill a rated order may replace those items with the use of a rated order as pr… | |||
| 15:15:2.1.3.2.1.4.1.6 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.15 Extension of priority ratings. | BIS | [89 FR 58972, July 22, 2024] | (a) A person must use rated orders with suppliers to obtain industrial resources needed to fill a rated order. All elements of a rated order outlined in section 700.12 must be included on the rated order. The person must use the priority rating indicated on the customer's rated order, except as otherwise provided in this part (see § 700.17) or as directed by the Department of Commerce. Example: If a person is in receipt of a rated order with a priority rating of DO-A3 for a navigation system and needs to purchase semiconductors for its manufacture, that person must use a DO-A3 priority rating to obtain the needed semiconductors. Example: If a person is in receipt of a rated order with a priority rating of DO-A3 for a navigation system and needs to purchase semiconductors for its manufacture, that person must use a DO-A3 priority rating to obtain the needed semiconductors. (b) The required elements of a rated order outlined in § 700.12 must be included on each successive order placed to obtain industrial resources needed to fill a customer's rated order. Therefore, the inclusion of the rating will continue from contractor to subcontractor to supplier throughout the entire supply chain. (c) A person must use rated orders with suppliers to obtain industrial resources needed to fill an emergency preparedness rated order. That person must require acceptance or rejection, and transmission of that acceptance or rejection by the supplier within the time limit stated in the rated order that is being filled. | |||
| 15:15:2.1.3.2.1.4.1.7 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.16 Changes or cancellations of priority ratings and rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47566, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) The priority rating on a rated order may be changed or cancelled by: (1) An official action of the Department of Commerce; or (2) Written notification from the person who placed the rated order (including a Delegate Agency). (b) If an unrated order is amended so as to make it a rated order, or a DO rating is changed to a DX rating, the supplier must give the appropriate preferential treatment to the order as of the date the change is received by the supplier. (c) An amendment to a rated order that significantly alters a supplier's original production or delivery schedule shall constitute a new rated order as of the date of its receipt. The supplier must accept or reject the amended order according to the provisions of § 700.13. (d) The following amendments do not constitute a new rated order: a change in shipping destination; a reduction in the total amount of the order; an increase in the total amount of the order which has negligible impact upon deliveries; a minor variation in size or design (prior to the start of production); or a change which is agreed upon between the supplier and the customer. (e) A person must cancel any rated orders that the person (or a predecessor in interest) has placed with suppliers or cancel the priority ratings on those orders if the person no longer needs the items in those orders to fill a rated order. (f) A person adding a rating to an unrated order, or changing or cancelling a priority rating must promptly notify all suppliers to whom the order was sent of the addition, change or cancellation. | |||
| 15:15:2.1.3.2.1.4.1.8 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.17 Use of rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31923, June 11, 1998; 79 FR 47566, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) A person must use rated orders to obtain: (1) Items which will be physically incorporated into other items to fill rated orders, including that portion of such items normally consumed, or converted into scrap or by-products, in the course of processing; (2) Containers or other packaging materials required to make delivery of the finished items against rated orders; (3) Services, other than contracts of employment, needed to fill rated orders; and (4) MRO needed to produce the finished items to fill rated orders. However, for MRO, the priority rating used must contain the program identification symbol H7 along with the rating symbol contained on the customer's rated order. For example, a person in receipt of a rated order with a priority rating of DO-A3 rated order, who needs MRO, would place a rated order with a priority rating of DO-H7 rated order with the person's supplier. (b) A person may use a rated order to replace inventoried items (including finished items) if such items were used to fill rated orders, as follows: (1) The order must be placed within ninety (90) days of the date of use of the inventory. (2) A DO rating symbol and the program identification symbol indicated on the customer's rated order must be used on the order. A DX rating symbol may not be used even if the inventory was used to fill a DX rated order. (3) If the priority ratings on rated orders from one customer or several customers contain different program identification symbols, the rated orders may be combined. In this case, the program identification symbol H1 must be used (i.e., DO-H1). (c) A person may combine DX and DO rated orders from one customer or several customers if the items covered by each level of priority are identified separately and clearly. If different program identification symbols are indicated on those rated orders of equal priority, the person must use the program identification symbol H1 (i.e., DO-H1 or DX-H1). (d) Combining rated and unrated orders. (1) A person may combine rated and unrated or… | |||
| 15:15:2.1.3.2.1.4.1.9 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.18 Limitations on placing rated orders. | BIS | [79 FR 47566, Aug. 14, 2014, as amended at 89 FR 58972, July 22, 2024] | (a) General limitations. (1) A person may not place a rated order pursuant to this part unless the person is in receipt of a rated order, has been explicitly authorized to do so by the Department of Commerce or a Delegate Agency or is otherwise permitted to do so by this part. (2) Rated orders may not be used to obtain: (i) Delivery on a date earlier than needed; (ii) A greater quantity of the item than needed, except to obtain a minimum procurable quantity; (iii) Items in advance of the receipt of a rated order, except as specifically authorized by the Department of Commerce (see § 700.51(c) for information on obtaining authorization for a priority rating in advance of a rated order); or (iv) Any of the following items unless specific priority rating authority has been obtained from a Delegate Agency or the Department of Commerce: (A) Items for plant improvement, expansion, or construction, unless they will be physically incorporated into a construction project covered by a rated order; or (B) Production or construction equipment or items to be used for the manufacture of production equipment (for information on requesting priority rating authority, see § 700.51). (v) Any items related to the development of chemical or biological warfare capabilities or the production of chemical or biological weapons, unless such development or production has been authorized by the President or the Secretary of Defense. (3) Separate rated orders may not be placed solely for obtaining minimum procurable quantities on each order if the minimum procurable quantity would be sufficient to cover more than one rated order. (b) Specific item limitations. Notwithstanding any authorization or requirement to place a rated order stated elsewhere in this part, no person may place a rated order to obtain the following items unless such order is authorized by an official action of the Department of Commerce. (1) Copper raw materials. (2) Crushed stone. (3) Gravel. (4) Sand. (5) Scrap. (6) Slag. (7) Steam heat, central. (… | |||
| 15:15:2.1.3.2.1.5.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | E | Subpart E—Industrial Priorities for Energy Programs | § 700.20 Use of priority ratings. | BIS | (a) Section 101(c) of the Defense Production Act authorizes the use of priority ratings for projects which maximize domestic energy supplies. (b) Projects which maximize domestic energy supplies include those which maintain or further domestic energy exploration, production, refining, and transportation; maintain or further the conservation of energy; or are involved in the construction or maintenance of energy facilities. | ||||
| 15:15:2.1.3.2.1.5.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | E | Subpart E—Industrial Priorities for Energy Programs | § 700.21 Application for priority rating authority. | BIS | [79 FR 47567, Aug. 14, 2014, as amended at 89 FR 58972, July 22, 2024] | (a) For projects believed to maximize domestic energy supplies, a person may request priority rating authority for scarce, critical, and essential supplies of materials, equipment, and services (related to the production of materials or equipment, or the installation, repair, or maintenance of equipment) by submitting a request to the Department of Energy. Further information may be obtained from the Department of Energy, Office of Cybersecurity, Energy Security, and Emergency Response, 1000 Independence Avenue SW, Washington, DC 20585; Telephone: (202) 586-8100; Email: askcr@hq.doe.gov. (b) If the Department of Energy notifies the Department of Commerce that the project maximizes domestic energy supplies and that the materials, equipment, or services are critical and essential, the Department of Commerce will determine whether the items in question are scarce, and, if they are scarce, whether there is a need to use the priorities authority. (1) Scarcity implies an unusual difficulty in obtaining the materials, equipment, or services in a time frame consistent with the timely completion of the energy project. In determining scarcity, the Department of Commerce may consider factors such as the following: (i) Value and volume of material or equipment shipments; (ii) Consumption of material and equipment; (iii) Volume and market trends of imports and exports; (iv) Domestic and foreign sources of supply; (v) Normal levels of inventories; (vi) Rates of capacity utilization; (vii) Volume of new orders; and (viii) Lead times for new orders. (2) In finding whether there is a need to use the priorities authority, the Department of Commerce may consider alternative supply solutions and other measures. (c) After the Department of Commerce has conducted its analysis, it will advise the Department of Energy whether the two findings have been satisfied. If the findings are satisfied, the Department of Commerce will authorize the Department of Energy to grant the use of a priority rating to the applicant. (d) Sche… | |||
| 15:15:2.1.3.2.1.6.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | F | Subpart F—Allocation Actions | § 700.30 Policy. | BIS | [79 FR 47567, Aug. 14, 2014] | (a) Allocation orders will: (1) Be used only when there is insufficient supply of a material, service, or facility to satisfy national defense requirements through the use of the priorities authority or when the use of the priorities authority would cause a severe and prolonged disruption in the supply of materials, services, or facilities available to support normal U.S. economic activities; and (2) Not be used to ration materials or services at the retail level. (b) Allocation orders, when used, will be distributed equitably among the suppliers of the materials, services, or facilities being allocated and not require any person to relinquish a disproportionate share of the civilian market. | |||
| 15:15:2.1.3.2.1.6.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | F | Subpart F—Allocation Actions | § 700.31 General procedures. | BIS | [79 FR 47567, Aug. 14, 2014, as amended at 89 FR 58972, July 22, 2024] | Before the Department of Commerce uses its allocations authority to address a supply problem within its resource jurisdiction, it will develop a plan that includes: (a) A copy of the written determination made in accordance with section 202 of Executive Order 13603, that the program or programs that would be supported by the allocation action are necessary or appropriate to promote the national defense; (b) A detailed description of the situation to include any unusual events or circumstances that have created the requirement for an allocation action; (c) A statement of the specific objective(s) of the allocation action; (d) A list of the materials, services, or facilities to be allocated; (e) A list or description of the sources of the materials, services, or facilities that will be subject to the allocation action; (f) A detailed description of the provisions that will be included in the allocation orders, including the type(s) of allocation orders, the percentages or quantity of capacity or output to be allocated for each purpose, the relationship with previously or subsequently received priority rated and unrated contracts and orders, and the duration of the allocation action ( e.g., anticipated start and end dates); (g) An evaluation of the impact of the proposed allocation action on the civilian market; and (h) Proposed actions, if any, to mitigate disruptions to civilian market operations. | |||
| 15:15:2.1.3.2.1.6.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | F | Subpart F—Allocation Actions | § 700.32 Controlling the general distribution of a material in the civilian market. | BIS | [79 FR 47567, Aug. 14, 2014] | No allocation action by the Department of Commerce may be used to control the general distribution of a material in the civilian market unless the conditions of paragraphs (a), (b), and (c) of this section are met. (a) The Secretary has made a written finding that: (1) Such material is a scarce and critical material essential to the national defense, and (2) The requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship. (b) The Secretary has submitted the finding for the President's approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. (c) The President has approved the finding. (d) In this section, the term, “Secretary” means the Secretary of Commerce or his or her designee. | |||
| 15:15:2.1.3.2.1.6.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | F | Subpart F—Allocation Actions | § 700.33 Types of allocation orders. | BIS | [79 FR 47567, Aug. 14, 2014, as amended at 89 FR 58973, July 22, 2024] | There are three types of allocation orders available for communicating allocation actions. (a) Set-aside. A set-aside is an official action that requires a person to reserve materials, services, or facilities capacity in anticipation of the receipt of rated orders. (b) Directive. A directive is an official action that requires a person to take or refrain from taking certain actions in accordance with its provisions. For example, a directive can require a person to: stop or reduce production of an item; prohibit the use of selected materials, services, or facilities; or divert the use of materials, services, or facilities from one purpose to another. (c) Allotment. An allotment is an official action that specifies the maximum quantity of a material, service, or facility authorized for a specific use to promote the national defense. | |||
| 15:15:2.1.3.2.1.6.1.5 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | F | Subpart F—Allocation Actions | § 700.34 Elements of an allocation order. | BIS | [79 FR 47567, Aug. 14, 2014, as amended at 89 FR 58973, July 22, 2024] | Allocation orders may be issued directly to the affected persons or by constructive notice to the parties through publication in the Federal Register. This section describes the elements that each order must include. (a) Elements to be included in all allocation orders. (1) A detailed description of the required allocation action(s), including its relationship to previously or subsequently received DX rated orders, DO rated orders, and unrated orders. (2) Specific start and end calendar dates for each required allocation action. (b) Elements to be included in orders issued directly to affected persons. (1) A statement that reads in substance: “This is an allocation order certified for national defense use. [Insert the name of the person receiving the order] is required to comply with this order, in accordance with the provisions of the Defense Priorities and Allocations System regulation (15 CFR part 700).” (2) The written signature on a manually placed order, or the digital signature or name on an electronically placed order, of an authorized official or employee of the Department of Commerce. (c) Elements to be included in an allocation order issued by constructive notice through publication in the Federal Register. (1) A statement that reads in substance: “This is an allocation order certified for national defense use. [Insert the name(s) of the person(s) to whom the order applies or a description of the class of persons to whom the order applies] is (are) required to comply with this order, in accordance with the provisions of the Defense Priorities and Allocations System regulation (15 CFR part 700).” (2) The order must be signed by an authorized official or employee of the Department of Commerce. | |||
| 15:15:2.1.3.2.1.6.1.6 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | F | Subpart F—Allocation Actions | § 700.35 Mandatory acceptance of an allocation order. | BIS | [79 FR 47567, Aug. 14, 2014] | (a) Except as otherwise specified in this section, a person shall accept and comply with every allocation order received. (b) A person shall not discriminate against an allocation order in any manner such as by charging higher prices for materials, services, or facilities covered by the order or by imposing terms and conditions for contracts and orders involving allocated materials, services, or facilities that differ from the person's terms and conditions for contracts and orders for the materials, services, or facilities prior to receiving the allocation order. (c) If a person is unable to comply fully with the required action(s) specified in an allocation order, the person must notify the Office of Strategic Industries and Economic Security immediately, explain the extent to which compliance is possible, and give the reasons why full compliance is not possible. If notification is given verbally, written or electronic confirmation must be provided within one working day. Such notification does not release the person from complying with the order to the fullest extent possible, until the person is notified by the Department of Commerce that the order has been changed or cancelled. | |||
| 15:15:2.1.3.2.1.6.1.7 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | F | Subpart F—Allocation Actions | § 700.36 Changes or cancellations of allocation orders. | BIS | [79 FR 47567, Aug. 14, 2014] | An allocation order may be changed or cancelled by an official action from the Department of Commerce. Notice of such changes or cancellations may be provided directly to persons to whom the order being cancelled or modified applies or constructive notice may be provided by publication in the Federal Register. | |||
| 15:15:2.1.3.2.1.8.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.50 General provisions. | BIS | [89 FR 58973, July 22, 2024] | (a) Once a priority rating has been authorized pursuant to this part, further action by the Department of Commerce generally is not needed. However, it is anticipated that from time-to-time problems will occur. In this event, a person should immediately contact the appropriate contract administration officer or the Department of Commerce for guidance or assistance. Special priorities assistance is a service provided to alleviate problems that do arise. (1) If additional formal aid is needed for a rated order placed by a Delegate Agency, special priorities assistance should be sought from the Delegate Agency through the contract administration officer. If the Delegate Agency is unable to resolve the problem or to authorize the use of a priority rating and believes additional assistance is warranted, the Delegate Agency may forward the request to the Department of Commerce for action. (2) If additional formal aid is needed for a rated order placed by other authorized persons, special priorities assistance should be sought from the Department of Commerce. (b) Special priorities assistance may be provided for any reason consistent with this part, such as assisting in obtaining timely deliveries of items needed to satisfy rated orders or authorizing the use of priority ratings on orders to obtain items not otherwise ratable under this part. If the Department of Commerce is unable to resolve the problem or to authorize the use of a priority rating and believes additional assistance is warranted, the Department of Commerce may forward the request to another agency, identified in § 700.10(c), as appropriate, for action. (c) A request for special priorities assistance must be submitted on Form BIS-999 (OMB control number 0694-0057) to the local contract administration representative or to the Department of Commerce. Form BIS-999 may be obtained from the Delegate Agency representative or from the Department of Commerce. A sample Form BIS-999 is attached at appendix I. A fillable Form BIS-999 may be obtained on the foll… | |||
| 15:15:2.1.3.2.1.8.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.51 Requests for priority rating authority. | BIS | [89 FR 58973, July 22, 2024] | (a) If a rated order is likely to be delayed because a person is unable to obtain items not normally rated under this part, the person may request the authority to use a priority rating in ordering the needed items. Examples of items for which priority ratings may be authorized include: (1) Production or construction equipment; (2) Computers when not used as production items; and (3) Expansion, rebuilding or replacing plant facilities. (b) If a person does not have priority rating authority under this part from a Delegate Agency or the Department of Commerce and is unable to ensure the timely delivery of industrial resources, the person may request the authority to use a priority rating in ordering the needed items. (1) A request for priority rating authority under this part must be submitted on Form BIS-999 to the Department of Commerce (see § 700.50(c) for information on Form BIS-999). (2) A request for priority rating authority under this part may be used only to support approved programs (see § 700.55, § 700.57, and § 700.58 for information on requesting a determination by the appropriate Determination Department that the request supports a program that is necessary or appropriate to promote the national defense). (c) Rating authority for production or construction equipment. (1) A request for priority rating authority for production or construction equipment must be submitted to the appropriate Delegate Agency or the Department of Commerce. Requests in support of Department of Defense approved programs should be submitted to the Department of Defense on Department of Defense Form DD 691. All other requests should be submitted on Form BIS-999. If the Delegate Agency is unable to resolve the problem or authorize the use of a priority rating, the Delegate Agency may forward the request to the Department of Commerce for action. (2) When the use of a priority rating is authorized for the procurement of production or construction equipment, a rated order may be used either to purchase or to lease such eq… | |||
| 15:15:2.1.3.2.1.8.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.52 Examples of assistance. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 89 FR 58974, July 22, 2024] | (a) While special priorities assistance may be provided for any reason in support of this regulation and an approved program (see § 700.55, § 700.57, § 700.58, and Schedule I of this part), it is usually provided in situations where: (1) A person is experiencing difficulty in obtaining delivery against a rated order by the required delivery date; (2) A person cannot locate a supplier for an item needed to fill a rated order; or (3) A person is experiencing difficulty in obtaining delivery for an unrated order by the required delivery date. (b) Other examples of special priorities assistance include: (1) Ensuring that rated orders receive preferential treatment by suppliers; (2) Resolving production or delivery conflicts between various rated orders; (3) Assisting in placing rated orders with suppliers; (4) Verifying the urgency of rated orders; and (5) Determining the validity of rated orders. | |||
| 15:15:2.1.3.2.1.8.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.53 Criteria for assistance. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47568, Aug. 14, 2014; 89 FR 58974, July 22, 2024] | Requests for special priorities assistance should be timely, i.e., the request has been submitted promptly and enough time exists for the Determination Department, Delegate Agency, or the Department of Commerce to effect a meaningful resolution to the problem, and must establish that: (a) There is an urgent need for the item; and (b) The applicant has made a reasonable effort to resolve the problem. | |||
| 15:15:2.1.3.2.1.8.1.5 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.54 Instances where assistance will not be provided. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, June 11, 1998; 79 FR 47568, Aug. 14, 2014; 89 FR 58974, July 22, 2024] | Special priorities assistance is provided at the discretion of the Determination Departments, Delegate Agencies, and the Department of Commerce when it is determined that such assistance is warranted to meet the objectives of this regulation. Examples where assistance may not be provided include situations when a person is attempting to: (a) Secure a price advantage; (b) Obtain delivery prior to the time required to fill a rated order; (c) Gain competitive advantage; (d) Disrupt an industry apportionment program in a manner designed to provide a person with an unwarranted share of scarce items; or (e) Overcome a supplier's regularly established terms of sale or conditions of doing business. | |||
| 15:15:2.1.3.2.1.8.1.6 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.55 Requests for determination that program within the United States is necessary or appropriate to promote the national defense. | BIS | [89 FR 58974, July 22, 2024] | (a) Homeland security, emergency response, and critical infrastructure protection and restoration assistance programs within the United States. Any person requesting priority rating authority or requiring assistance in obtaining rated items under this part supporting homeland security, emergency preparedness, and critical infrastructure protection and restoration related activities should submit a request for a determination in writing that the request supports a program that is necessary or appropriate to promote the national defense (referred to as “approved program”) to the Office of Policy and Program Analysis, Federal Emergency Management Agency, Department of Homeland Security, 500 C Street SW, Washington, DC 20472; Telephone: (202) 212-2900; Fax: (202) 646-4601; Email: FEMA-DPA@fema.dhs.gov, website: https://www.fema.gov/disaster/defense-production-act. (b) Military production and construction, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities within the United States. Any person requesting priority rating authority or requiring assistance under this part in obtaining rated items supporting military production and construction, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities should submit a request for a determination in writing that the request supports a program that is necessary or appropriate to promote the national defense (referred to as “approved program”) to the Department of Defense DPA Title I Lead in the Office of the Assistant Secretary of Defense for Industrial Base Policy, 3330 Defense Pentagon, Room 3B854, Washington, DC 20301; Telephone: (703) 697-0051; Fax: (703) 695-4885; Email: osd.pentagon.ousd-a-s.mbx.indpol-dpa-title-i@mail.mil; website: https://www.businessdefense.gov/. (c) Energy production and construction, distribution and use, and directly related activities within the United States. Any person requesting priority … | |||
| 15:15:2.1.3.2.1.8.1.7 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.56 Military assistance programs with Canada. | BIS | [79 FR 47568, Aug. 14, 2014, as amended at 89 FR 58974, July 22, 2024] | (a) To promote military assistance to Canada, this section provides for authorizing priority ratings to persons in Canada to obtain items in the United States in support of approved programs. Although priority ratings have no legal authority outside of the United States, this section also provides information on how persons in the United States may obtain informal assistance in Canada in support of approved programs. (b) The joint United States-Canadian military arrangements for the defense of North America and the integrated nature of the United States and Canadian defense industries require close coordination and the establishment of a means to provide mutual assistance to the defense industries located in both countries. (c) The Department of Commerce coordinates with Public Works and Government Services Canada on all matters of mutual concern relating to the administration of this part. (d) Any person in the United States ordering defense items in Canada in support of an approved program should inform the Canadian supplier that the items being ordered are to be used to fill a rated order. The Canadian supplier should be informed that if production materials are needed from the United States by the Canadian supplier or the Canadian supplier's vendor to fill the order, the Canadian supplier or vendor should contact Public Works and Government Services Canada for authority to place rated orders in the United States: Public Works and Government Services Canada, Acquisitions Branch, Business Management Directorate, Phase 3, Place du Portage, 0B2-103, 11 Laurier Street, Gatineau, Quebec, K1A 0S5, Canada; Telephone: (819) 420-7200; Fax: (819) 997-9776, or electronically at TPSGC.PAPrioritesdedefense-APDefencePriorities.PWGSC@tpsgc-pwgsc.gc.ca. (e) Any person in Canada producing defense items for the Canadian government may also obtain priority rating authority for items to be purchased in the United States by applying to Public Works and Government Services Canada, Acquisitions Branch, Business Management Direc… | |||
| 15:15:2.1.3.2.1.8.1.8 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.57 Military assistance programs with other nations and international organizations. | BIS | [79 FR 47568, Aug. 14, 2014, as amended at 80 FR 50762, Aug. 21, 2015; 89 FR 58975, July 22, 2024] | (a) Scope. To promote military assistance to foreign nations and international organizations (for example, the North Atlantic Treaty Organization or the United Nations), this section provides for authorizing priority ratings to persons in foreign nations or international organizations to obtain items in the United States in support of approved programs. Although priority ratings have no legal authority outside of the United States, this section also provides information on how persons in the United States may obtain informal assistance in foreign nations that are signatories to bilateral security of supply arrangements with the Department of Defense. These foreign nations include Australia, Estonia, Denmark, Finland, Israel, Italy, Japan, Latvia, Lithuania, The Netherlands, Norway, Republic of Korea, Singapore, Spain, Sweden, and the United Kingdom. The most current security of supply arrangement information, including an up-to-date list of countries, may be found on the following website: https://www.businessdefense.gov/security-of-supply.html. (b) Foreign nations and international organizations. (1) Any person in a foreign nation other than Canada, or any person in an international organization, requiring assistance in obtaining items in the United States or priority rating authority for items to be purchased in the United States, should submit a request for such assistance or priority rating authority to: the Department of Defense DPA Title I Lead in the Office of the Assistant Secretary of Defense for Industrial Base Policy, 3330 Defense Pentagon, Room 3B854, Washington, DC 20301; Telephone: (703) 697-0051; Fax: (703) 695-4885; Email: osd.pentagon.ousd-a-s.mbx.indpol-dpa-title-i@mail.mil, website: https://www.businessdefense.gov/. (i) If the end product is being acquired by a U.S. Government agency, the request should be submitted to the Department of Defense DPA Title I Lead through the U.S. contract administration representative. (ii) If the end product is being acquired by a foreign nation or in… | |||
| 15:15:2.1.3.2.1.8.1.9 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | H | Subpart H—Special Priorities Assistance | § 700.58 Critical infrastructure assistance programs to foreign nations and international organizations. | BIS | [89 FR 58975, July 22, 2024] | (a) Scope. To promote critical infrastructure assistance to foreign nations, this section provides for authorizing priority ratings to persons in foreign nations or international organizations (for example, the North Atlantic Treaty Organization or the United Nations) to obtain items in the United States in support of approved programs. (b) Foreign nations or international organizations. (1) Any person in a foreign nation or representing an international organization requiring assistance in obtaining items under this part to be purchased in the United States for support of critical infrastructure protection and restoration should submit a request for priority rating authority on Form BIS-999 to the Department of Commerce (see § 700.50(c) for information on Form BIS-999). (2) Any person in a foreign nation or representing an international organization requesting priority rating authority or requiring assistance in obtaining rated items under this part in support of critical infrastructure protection and restoration related activities should submit a request for a determination in writing that the request supports a program that is necessary or appropriate to promote the national defense to the Office of Policy and Program Analysis, Federal Emergency Management Agency, Department of Homeland Security, 500 C Street SW, Washington, DC 20472; Telephone: (202) 212-2900; Fax: (202) 646-4601; Email: FEMA-DPA@fema.dhs.gov, website: https://www.fema.gov/disaster/defense-production-act. | |||
| 15:15:2.1.3.2.1.9.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | I | Subpart I—Official Actions | § 700.60 General provisions. | BIS | [79 FR 47569, Aug. 14, 2014] | (a) The Department of Commerce may, from time-to-time, take specific official actions to implement or enforce the provisions of this part. (b) Some of these official actions (rating authorizations and letters of understanding) are discussed in this subpart. Official actions that pertain to compliance (administrative subpoenas, demands for information, and inspection authorizations) are discussed in § 700.71(c). Directives are discussed in § 700.62. | |||
| 15:15:2.1.3.2.1.9.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | I | Subpart I—Official Actions | § 700.61 Rating authorizations. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47570, Aug. 14, 2014; 89 FR 58975, July 22, 2024] | (a) A rating authorization is an official action granting specific priority rating authority that: (1) Permits a person to place a priority rating on an order for an item, such as an item not normally ratable under this regulation; or (2) Authorizes a person to modify a priority rating on a specific order or series of contracts or orders. (b) To request priority rating authority, see § 700.51. | |||
| 15:15:2.1.3.2.1.9.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | I | Subpart I—Official Actions | § 700.62 Directives. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47570, Aug. 14, 2014] | (a) A directive is an official action which requires a person to take or refrain from taking certain actions in accordance with its provisions. (b) A person must comply with each directive issued. However, a person may not use or extend a directive to obtain any items from a supplier, unless expressly authorized to do so in the directive. (c) Directives take precedence over all DX rated orders, DO rated orders, and unrated orders previously or subsequently received, unless a contrary instruction appears in the directive. | |||
| 15:15:2.1.3.2.1.9.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | I | Subpart I—Official Actions | § 700.63 Letters of understanding. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47570, Aug. 14, 2014; 89 FR 58976, July 22, 2024] | (a) A letter of understanding is an official action that may be issued in resolving special priorities assistance cases to reflect an agreement reached by all parties ( e.g., the Department of Commerce, the Determination Department, the Delegate Agency, the supplier, the customer). (b) A letter of understanding is not used to alter scheduling between rated orders, to authorize the use of priority ratings, to impose restrictions under this regulation, or to take other official actions. Rather, letters of understanding are used to confirm production or shipping schedules which do not require modifications to other rated orders. | |||
| 21:21:7.0.1.2.10.1.1.1 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | A | Subpart A—General Provisions | § 700.3 Definitions. | FDA | [39 FR 10054, Mar. 15, 1974, as amended at 46 FR 38073, July 24, 1981] | As used in this subchapter: (a) The term act means the Federal Food, Drug, and Cosmetic Act. (b) The term cosmetic product means a finished cosmetic the manufacture of which has been completed. Any cosmetic product which is also a drug or device or component thereof is also subject to the requirements of Chapter V of the act. (c) The term flavor means any natural or synthetic substance or substances used solely to impart a taste to a cosmetic product. (d) The term fragrance means any natural or synthetic substance or substances used solely to impart an odor to a cosmetic product. (e) The term ingredient means any single chemical entity or mixture used as a component in the manufacture of a cosmetic product. (f) The term proprietary ingredient means any cosmetic product ingredient whose name, composition, or manufacturing process is protected from competition by secrecy, patent, or copyright. (g) The term chemical description means a concise definition of the chemical composition using standard chemical nomenclature so that the chemical structure or structures of the components of the ingredient would be clear to a practicing chemist. When the composition cannot be described chemically, the substance shall be described in terms of its source and processing. (h) The term cosmetic raw material means any ingredient, including an ingredient that is a mixture, which is used in the manufacture of a cosmetic product for commercial distribution and is supplied to a cosmetic product manufacturer, packer, or distributor by a cosmetic raw material manufacturer or supplier. (i) The term commercial distribution of a cosmetic product means annual gross sales in excess of $1,000 for that product. (j) Establishment means a place of business where cosmetic products are manufactured or packaged. (k) The term manufacture of a cosmetic product means the making of any cosmetic product by chemical, physical, biological, or other procedures, including manipulation, sampling, testing, or control procedure… | |||
| 21:21:7.0.1.2.10.2.1.1 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.11 Cosmetics containing bithionol. | FDA | (a) Bithionol has been used to some extent as an antibacterial agent in cosmetic preparations such as detergent bars, shampoos, creams, lotions, and bases used to hide blemishes. New evidence of clinical experience and photopatch tests indicate that bithionol is capable of causing photosensitivity in man when used topically and that in some instances the photosensitization may persist for prolonged periods as severe reactions without further contact with sensitizing articles. Also, there is evidence to indicate that bithionol may produce cross-sensitization with other commonly used chemicals such as certain halogenated salicylanilides and hexachlorophene. It is, therefore, the view of the Food and Drug Administration that bithionol is a deleterious substance which may render any cosmetic product that contains it injurious to users. Accordingly, any cosmetic containing bithionol is deemed to be adulterated under section 601(a) of the Federal Food, Drug, and Cosmetic Act. (b) Regulatory proceedings may be initiated with respect to any cosmetic preparation containing bithionol shipped within the jurisdiction of the act after March 15, 1968. | ||||
| 21:21:7.0.1.2.10.2.1.10 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.27 Use of prohibited cattle materials in cosmetic products. | FDA | [70 FR 53068, Sept. 7, 2005, as amended at 71 FR 59668, Oct. 11, 2006; 73 FR 20794, Apr. 17, 2008; 81 FR 5596, Feb. 3, 2016; 81 FR 14732, Mar. 18, 2016] | (a) Definitions. The definitions and interpretations of terms contained in section 201 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) apply to such terms when used in this part. The following definitions also apply: (1) Prohibited cattle materials mean specified risk materials, small intestine of all cattle except as provided in paragraph (b)(2) of this section, material from nonambulatory disabled cattle, material from cattle not inspected and passed, or mechanically separated (MS) (Beef). Prohibited cattle materials do not include the following: (i) Tallow that contains no more than 0.15 percent insoluble impurities, tallow derivatives, gelatin, hides and hide-derived products, and milk and milk products, and (ii) Cattle materials inspected and passed from a country designated under paragraph (e) of this section. (2) Inspected and passed means that the product has been inspected and passed for human consumption by the appropriate regulatory authority, and at the time it was inspected and passed, it was found to be not adulterated. (3) Mechanically separated (MS) (Beef) means a meat food product that is finely comminuted, resulting from the mechanical separation and removal of most of the bone from attached skeletal muscle of cattle carcasses and parts of carcasses that meets the specifications contained in 9 CFR 319.5, the U.S. Department of Agriculture regulation that prescribes the standard of identity for MS (Species). (4) Nonambulatory disabled cattle means cattle that cannot rise from a recumbent position or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column, or metabolic conditions. (5) Specified risk material means the brain, skull, eyes, trigeminal ganglia, spinal cord, vertebral column (excluding the vertebrae of the tail, the transverse processes of the thoracic and lumbar vertebrae, and the wings of the sacrum), and dorsal root ganglia of cattle 30 months of age and old… | |||
| 21:21:7.0.1.2.10.2.1.11 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.35 Cosmetics containing sunscreen ingredients. | FDA | [64 FR 27693, May 21, 1999] | (a) A product that includes the term “sunscreen” in its labeling or in any other way represents or suggests that it is intended to prevent, cure, treat, or mitigate disease or to affect a structure or function of the body comes within the definition of a drug in section 201(g)(1) of the act. Sunscreen active ingredients affect the structure or function of the body by absorbing, reflecting, or scattering the harmful, burning rays of the sun, thereby altering the normal physiological response to solar radiation. These ingredients also help to prevent diseases such as sunburn and may reduce the chance of premature skin aging, skin cancer, and other harmful effects due to the sun when used in conjunction with limiting sun exposure and wearing protective clothing. When consumers see the term “sunscreen” or similar sun protection terminology in the labeling of a product, they expect the product to protect them in some way from the harmful effects of the sun, irrespective of other labeling statements. Consequently, the use of the term “sunscreen” or similar sun protection terminology in a product's labeling generally causes the product to be subject to regulation as a drug. However, sunscreen ingredients may also be used in some products for nontherapeutic, nonphysiologic uses (e.g., as a color additive or to protect the color of the product). To avoid consumer misunderstanding, if a cosmetic product contains a sunscreen ingredient and uses the term “sunscreen” or similar sun protection terminology anywhere in its labeling, the term must be qualified by describing the cosmetic benefit provided by the sunscreen ingredient. (b) The qualifying information required under paragraph (a) of this section shall appear prominently and conspicuously at least once in the labeling in conjunction with the term “sunscreen” or other similar sun protection terminology used in the labeling. For example: “Contains a sunscreen—to protect product color.” | |||
| 21:21:7.0.1.2.10.2.1.2 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.13 Use of mercury compounds in cosmetics including use as skinbleaching agents in cosmetic preparations also regarded as drugs. | FDA | (a) Mercury-containing cosmetic preparations have been represented for many years as skin-bleaching agents or as preparations to remove or prevent freckles and/or brown spots (so-called age spots). Preparations intended for such use are regarded as drugs as well as cosmetics. In addition to such use as skin-bleaching agents, mercury compounds have also been widely used as preservatives in cosmetics such as hand and body creams and lotions; hair shampoos, hair sets and rinses, hair straighteners, hair coloring, and other preparations; bath oils, bubble bath, and other bath preparations; makeup; antiperspirants and deodorants; and eye-area cosmetics. (b) The toxicity of mercury compounds is extensively documented in scientific literature. It is well known that mercury compounds are readily absorbed through the unbroken skin as well as through the lungs by inhalation and by intestinal absorption after ingestion. Mercury is absorbed from topical application and is accumulated in the body, giving rise to numerous adverse effects. Mercury is a potent allergen and sensitizer, and skin irritation is common after topical application. Cosmetic preparations containing mercury compounds are often applied with regularity and frequency for prolonged periods. Such chronic use of mercury-containing skin-bleaching preparations has resulted in the accumulation of mercury in the body and the occurrence of severe reactions. Recently it has also been determined that microorganisms in the environment can convert various forms of mercury into highly toxic methyl mercury which has been found in the food supply and is now considered to be a serious environmental problem. (c) The effectiveness of mercury-containing preparations as skin-bleaching agents is questionable. The Food and Drug Administration has not been provided with well controlled studies to document the effectiveness of these preparations. Although mercurial preservatives are recognized as highly effective, less toxic and satisfactory substitutes are available except in th… | ||||
| 21:21:7.0.1.2.10.2.1.3 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.14 Use of vinyl chloride as an ingredient, including propellant of cosmetic aerosol products. | FDA | [39 FR 30830, Aug. 26, 1974] | (a) Vinyl chloride has been used as an ingredient in cosmetic aerosol products including hair sprays. Where such aerosol products are used in the confines of a small room, as is often the case, the level of vinyl chloride to which the individual may be exposed could be significantly in excess of the safe level established in connection with occupational exposure. Evidence indicates that vinyl chloride inhalation can result in acute toxicity, manifested by dizziness, headache, disorientation, and unconsciousness where inhaled at high concentrations. Studies also demonstrate carcinogenic effects in animals as a result of inhalation exposure to vinyl chloride. Furthermore, vinyl chloride has recently been linked to liver disease, including liver cancer, in workers engaged in the polymerization of vinyl chloride. It is the view of the Commissioner that vinyl chloride is a deleterious substance which may render any cosmetic aerosol product that contains it as an ingredient injurious to users. Accordingly, any cosmetic aerosol product containing vinyl chloride as an ingredient is deemed to be adulterated under section 601(a) of the Federal Food, Drug, and Cosmetic Act. (b) Any cosmetic aerosol product containing vinyl chloride as an ingredient shipped within the jurisdiction of the Act is subject to regulatory action. | |||
| 21:21:7.0.1.2.10.2.1.4 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.15 Use of certain halogenated salicylanilides as ingredients in cosmetic products. | FDA | [40 FR 50531, Oct. 30, 1975] | (a) Halogenated salicylanilides (tribromsalan (TBS,3,4′,5-tribromosalicylanilide), dibromsalan (DBS,4′5-dibromosalicylanilide), metabromsalan (MBS, 3,5-dibromosalicylanilide) and 3,3′,4,5′-tetrachlorosalicylanilide (TCSA)) have been used as antimicrobial agents for a variety of purposes in cosmetic products. These halogenated salicylanilides are potent photosensitizers and cross-sensitizers and can cause disabling skin disorders. In some instances, the photosensitization may persist for prolonged periods as a severe reaction without further exposure to these chemicals. Safer alternative antimicrobial agents are available. (b) These halogenated salicylanilides are deleterious substances which render any cosmetic that contains them injurious to users. Therefore, any cosmetic product that contains such a halogenated salicylanilide as an ingredient at any level for any purpose is deemed to be adulterated under section 601(a) of the Federal Food, Drug, and Cosmetic Act. (c) Any cosmetic product containing these halogenated salicylanilides as an ingredient that is initially introduced into interstate commerce after December 1, 1975, that is not in compliance with this section is subject to regulatory action. | |||
| 21:21:7.0.1.2.10.2.1.5 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.16 Use of aerosol cosmetic products containing zirconium. | FDA | [42 FR 41376, Aug. 16, 1977] | (a) Zirconium-containing complexes have been used as an ingredient in cosmetics and/or cosmetics that are also drugs, as, for example, aerosol antiperspirants. Evidence indicates that certain zirconium compounds have caused human skin granulomas and toxic effects in the lungs and other organs of experimental animals. When used in aerosol form, some zirconium will reach the deep portions of the lungs of users. The lung is an organ, like skin, subject to the development of granulomas. Unlike the skin, the lung will not reveal the presence of granulomatous changes until they have become advanced and, in some cases, permanent. It is the view of the Commissioner that zirconium is a deleterious substance that may render any cosmetic aerosol product that contains it injurious to users. (b) Any aerosol cosmetic product containing zirconium is deemed to be adulterated under section 601(a) of the Federal Food, Drug, and Cosmetic Act. (c) Any such cosmetic product introduced in interstate commerce after September 15, 1977 is subject to regulatory action. | |||
| 21:21:7.0.1.2.10.2.1.6 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.18 Use of chloroform as an ingredient in cosmetic products. | FDA | [41 FR 26845, June 29, 1976] | (a) Chloroform has been used as an ingredient in cosmetic products. Recent information has become available associating chloroform with carcinogenic effects in animals. Studies conducted by the National Cancer Institute have demonstrated that the oral administration of chloroform to mice and rats induced hepatocellular carcinomas (liver cancer) in mice and renal tumors in male rats. Scientific literature indicates that chloroform is absorbed from the gastrointestinal tract, through the respiratory system, and through the skin. The Commissioner concludes that, on the basis of these findings, chloroform is a deleterious substance which may render injurious to users any cosmetic product that contains chloroform as an ingredient. (b) Any cosmetic product containing chloroform as an ingredient is adulterated and is subject to regulatory action under sections 301 and 601(a) of the Federal Food, Drug, and Cosmetic Act. Any cosmetic product containing chloroform in residual amounts from its use as a processing solvent during manufacture, or as a byproduct from the synthesis of an ingredient, is not, for the purpose of this section, considered to contain chloroform as an ingredient. | |||
| 21:21:7.0.1.2.10.2.1.7 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.19 Use of methylene chloride as an ingredient of cosmetic products. | FDA | [54 FR 27342, June 29, 1989] | (a) Methylene chloride has been used as an ingredient of aerosol cosmetic products, principally hair sprays, at concentrations generally ranging from 10 to 25 percent. In a 2-year animal inhalation study sponsored by the National Toxicology Program, methylene chloride produced a significant increase in benign and malignant tumors of the lung and liver of male and female mice. Based on these findings and on estimates of human exposure from the customary use of hair sprays, the Food and Drug Administration concludes that the use of methylene chloride in cosmetic products poses a significant cancer risk to consumers, and that the use of this ingredient in cosmetic products may render these products injurious to health. (b) Any cosmetic product that contains methylene chloride as an ingredient is deemed adulterated and is subject to regulatory action under sections 301 and 601(a) of the Federal Food, Drug, and Cosmetic Act. | |||
| 21:21:7.0.1.2.10.2.1.8 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.23 Chlorofluorocarbon propellants. | FDA | [43 FR 11317, Mar. 17, 1978] | The use of chlorofluorocarbons in cosmetics as propellants in self-pressurized containers is prohibited as provided in § 2.125 of this chapter. | |||
| 21:21:7.0.1.2.10.2.1.9 | 21 | Food and Drugs | I | G | 700 | PART 700—GENERAL | B | Subpart B—Requirements for Specific Cosmetic Products | § 700.25 Tamper-resistant packaging requirements for cosmetic products. | FDA | [47 FR 50451, Nov. 5, 1982; 48 FR 1707, Jan. 14, 1983; 48 FR 11427, Mar. 18, 1983, as amended at 48 FR 16664, Apr. 19, 1983; 48 FR 37624, Aug. 19, 1983] | (a) General. Because most cosmetic liquid oral hygiene products and vaginal products are not now packaged in tamper-resistant retail packages, there is the opportunity for the malicious adulteration of those cosmetic products with health risks to individuals who unknowingly purchase adulterated products and with loss of consumer confidence in the security of cosmetic product packages. The Food and Drug Administration has the authority and responsibility under the Federal Food, Drug, and Cosmetic Act (the act) to establish a uniform national requirement for tamper-resistant packaging of cosmetic liquid oral hygiene products or products used vaginally that will improve the packaging security and help assure the safety of those products. Such a cosmetic product for retail sale that is not packaged in a tamper-resistant package or that is not properly labeled under this section is adulterated under section 601 of the act or misbranded under section 602 of the act, or both. (b) Requirement for tamper-resistant package. Each manufacturer and packer who packages a cosmetic liquid oral hygiene product or vaginal product for retail sale shall package the product in a tamper-resistant package, if this product is accessible to the public while held for sale. A tamper-resistant package is one having an indicator or barrier to entry which, if breached or missing, can reasonably be expected to provide visible evidence to consumers that tampering has occurred. To reduce the likelihood of substitution of a tamper-resistant feature after tampering, the indicator or barrier to entry is required to be distinctive by design (e.g., an aerosol product container) or by the use of an identifying characteristic (e.g., a pattern, name, registered trademark, logo, or picture). For purposes of this section, the term “distinctive by design” means the packaging cannot be duplicated with commonly available materials or through commonly available processes. For purposes of this section, the term “aerosol product” means a product which depe… | |||
| 24:24:4.1.1.1.1.0.1.1 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.100 Purpose. | HUD | The requirements of this part augment the requirements of section 802 of the National Affordable Housing Act of 1990 (approved November 28, 1990, Public Law 101-625) (42 U.S.C. 8011), (hereinafter, section 802), as amended by the Housing and Community Development Act of 1992 (Public Law 102-550, approved October 28, 1992), which authorizes the Congregate Housing Services Program (hereinafter, CHSP or Program). | |||||||
| 24:24:4.1.1.1.1.0.1.10 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.145 Cost distribution. | HUD | (a) General. (1) Grantees, the Secretary concerned, and participants shall all contribute to the cost of providing supportive services according to section 802(i)(A)(i). Grantees must contribute at least 50 percent of program cost, participants must contribute fees that in total are at least 10 percent of program cost, and the Secretary concerned will provide funds in an amount not to exceed 40 percent. (2) Section 802(i)(1)(B)(ii) creates a cost-sharing provision between grantee and the Secretary concerned if total participant fees collected over a year are less than 10 percent of total program cost. This provision is subject to availability of appropriated grant funds. If funds are not available, the grantee must assume the funding shortfall. (b) Prohibition on substitution of funds and maintenance of existing supportive services. Grantees shall maintain existing funding for and provision of supportive services prior to the application date, as set forth in section 802(i)(1)(D). The grantee shall ensure that the activities provided to the project under a CHSP grant will be in addition to, and not in substitution for, these previously existing services. The value of these services do not qualify as matching funds. Such services must be maintained either for the time the participant remains in CHSP, or for the duration of CHSP grant. The grantee shall certify compliance with this paragraph to the Secretary concerned. (c) Eligible matching funds. (1) All sources of matching funds must be directly related to the types of supportive services prescribed by the PAC or used for administration of CHSP. (2) Matching funds may include: (i) Cash (which may include funds from Federal, State and local governments, third party contributions, available payments authorized under Medicaid for specific individuals in CHSP, Community Development Block Grants or Community Services Block Grants, Older American Act programs or excess residual funds with the approval of the Secretary concerned), (ii) The imputed dollar val… | |||||||
| 24:24:4.1.1.1.1.0.1.11 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.150 Program participant fees. | HUD | (a) Eligible program participants. The grantee shall establish fees consistent with section 700.145(a). Each program participant shall pay CHSP fees as stated in paragraphs (d) and (e) of this section, up to a maximum of 20 percent of the program participant's adjusted income. Consistent with section 802(d)(7)(A), the Secretary concerned shall provide for the waiver of fees for individuals who are without sufficient income to provide for any payment. (b) Fees shall include: (1) Cash contributions of the program participant; (2) Food Stamps; and (3) Contributions or donations to other eligible programs acceptable as matching funds under section 700.145(c). (c) Older Americans Act programs. No fee may be charged for any meals or supportive services under CHSP if that service is funded under an Older Americans Act Program. (d) Meals fees: (1) For full meal services, the fees for residents receiving more than one meal per day, seven days per week, shall be reasonable and shall equal between 10 and 20 percent of the adjusted income of the project resident, or the cost of providing the services, whichever is less. (2) The fees for residents receiving meal services less frequently than as described in paragraph (d)(1) of this section shall be in an amount equal to 10 percent of the adjusted income of the project resident, or the cost of providing the services, whichever is less. (e) Other service fees. The grantee may also establish fees for other supportive services so that the total fees collected from all participants for meals and other services is at least 10 percent of the total cost of CHSP. However, no program participants may be required to pay more than 20 percent of their adjusted incomes for any combination of services. (f) Other residents and nonresidents. Fees shall be established for residents of eligible housing projects (other than eligible project residents) and for nonresidents who receive meals and other services from CHSP under section 700.125(a). These fees shall be in an amount… | |||||||
| 24:24:4.1.1.1.1.0.1.12 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.155 Grant agreement and administration. | HUD | (a) General. HUD will enter into grant agreements with grantees, to provide congregate services for program participants in eligible housing projects, in order to meet the purposes of CHSP. (b) Term of grant agreement and reservation of amount. A grant will be for a term of five years and the Secretary concerned shall reserve a sum equal to the total approved grant amount for each grantee. Grants will be renewable at the expiration of a term, subject to the availability of funds and conformance with the regulations in this part, except as otherwise provided in section 700.160. (c) Monitoring of project sites by governmental units. States, Indian tribes, and units of general local government with a grant covering multiple projects shall monitor, review, and evaluate Program performance at each project site for compliance with CHSP regulations and procedures, in such manner as prescribed by HUD or RHS. (d) Reports. Each grantee shall submit program and fiscal reports and program budgets to the Secretary concerned in such form and at such times, as the Secretary concerned requires. (e) Enforcement. The Secretary concerned will enforce the obligations of the grantee under the agreement through such action as may be necessary, including terminating grants, recapturing grant funds, and imposing sanctions. (1) These actions may be taken for: (i) A grantee's non-compliance with the grant agreement or HUD or RHS regulations; (ii) Failure of the grantee to provide supportive services within 12 months of execution of the grant agreement. (2) Sanctions include but are not limited to the following: (i) Temporary withholding of reimbursements or extensions or renewals under the grant agreement, pending correction of deficiencies by the grantee; (ii) Setting conditions in the contract; (iii) Termination of the grant; (iv) Substitution of grantee; and (v) Any other action deemed necessary by the Secretary concerned. (f) Renewal of grants. Subject to the availability of funding, satisfactory performance,… | |||||||
| 24:24:4.1.1.1.1.0.1.13 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.160 Eligibility and priority for 1978 Act recipients. | HUD | Grantees funded initially under 42 U.S.C. 8001 shall be eligible to receive continued, non-competitive funding subject to its availability. These grantees will be eligible to receive priority funding under this part if they comply with the regulations in this part and with the requirements of any NOFA issued in a particular fiscal year. | |||||||
| 24:24:4.1.1.1.1.0.1.14 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.165 Evaluation of Congregate Housing Services Programs. | HUD | (a) Grantees shall submit annually to the Secretary concerned, a report evaluating the impact and effectiveness of CHSPs at the grant sites, in such form as the Secretary concerned shall require. (b) The Secretaries concerned shall further review and evaluate the performance of CHSPs at these sites and shall evaluate the Program as a whole. (c) Each grantee shall submit a certification with its application, agreeing to cooperate with and to provide requested data to the entity responsible for the Program's evaluation, if requested to do so by the Secretary concerned. | |||||||
| 24:24:4.1.1.1.1.0.1.15 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.170 Reserve for supplemental adjustment. | HUD | The Secretary concerned may reserve funds subject to section 802(o). Requests to utilize supplemental funds by the grantee shall be transmitted to the Secretary concerned in such form as may be required. | |||||||
| 24:24:4.1.1.1.1.0.1.16 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.175 Other Federal requirements. | HUD | [61 FR 42943, 42949, Aug. 19, 1996, as amended at 80 FR 75940, Dec. 7, 2015] | In addition to the Federal Requirements set forth in 24 CFR part 5, the following requirements apply to grant recipient organizations in this program: (a) Uniform administrative requirements, cost principles, and audit requirements for Federal awards. The policies, guidelines, and requirements in 2 CFR part 200, including the audit requirements described in subpart F, apply to the acceptance and use of assistance under this program. (b) Conflict of interest. In addition to the conflict of interest requirements in 2 CFR 200.112 (for all recipients and subrecipients); 200.317 (for recipients and subrecipients that are States); and 200.318(c) and 200.319(a)(5) (for recipients and subrecipients that are not States), no person who is an employee, agent, consultant, officer, or elected or appointed official of the applicant, and who exercises or has exercised any function or responsibilities with respect to activities assisted with CHSP grant funds, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or any proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties during his or her tenure, or for one year thereafter. CHSP employees may receive reasonable salary and benefits. (c) Disclosures required by Reform Act. Section 102(c) of the HUD Reform Act of 1989 (42 U.S.C. 3545(c)) requires disclosure concerning other government assistance to be made available with respect to the Program and parties with a pecuniary interest in CHSP and submission of a report on expected sources and uses of funds to be made available for CHSP. Each applicant shall include information required by 24 CFR part 12 on form HUD-2880 “Applicant/Recipient Disclosure/Update Report,” as required by the Federal Register Notice published on January 16, 1992,… | ||||||
| 24:24:4.1.1.1.1.0.1.2 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.105 Definitions. | HUD | In addition to the definitions in section 802(k), the following definitions apply to CHSP: Activity of Daily Living (ADL) means an activity regularly necessary for personal care. (1) The minimum requirements of ADLs include: (i) Eating (may need assistance with cooking, preparing or serving food, but must be able to feed self); (ii) Dressing (must be able to dress self, but may need occasional assistance); (iii) Bathing (may need assistance in getting in and out of the shower or tub, but must be able to wash self); (iv) Grooming (may need assistance in washing hair, but must be able to take care of personal appearance); (v) Getting in and out of bed and chairs, walking, going outdoors, using the toilet; and (vi) Household management activities (may need assistance in doing housework, grocery shopping or laundry, or getting to and from one location to another for activities such as going to the doctor and shopping, but must be mobile. The mobility requirement does not exclude persons in wheelchairs or those requiring mobility devices.) (2) Each of the Activities of Daily Living noted in paragraph (1) of this definition includes a requirement that a person must be able to perform at a specified minimal level ( e.g., to satisfy the eating ADL, the person must be able to feed himself or herself). The determination of whether a person meets this minimal level of performance must include consideration of those services that will be performed by a person's spouse, relatives or other attendants to be provided by the individual. For example, if a person requires assistance with cooking, preparing or serving food plus assistance in feeding himself or herself, the individual would meet the minimal performance level and thus satisfy the eating ADL, if a spouse, relative or attendant provides assistance with feeding the person. Should such assistance become unavailable at any time, the owner is not obligated at any time to provide individualized services beyond those offered to the resident population in general. T… | |||||||
| 24:24:4.1.1.1.1.0.1.3 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.110 Announcement of fund availability, application process and selection. | HUD | (a) Notice of funding availability. A Notice of Funding Availability (NOFA) will be published periodically in the Federal Register by the Secretary concerned containing the amounts of funds available, allocation or distribution of funds available among eligible applicant groups, where to obtain and submit applications, the deadline for submissions, and further explanation of the selection criteria, review and selection process. The Secretary concerned will designate the maximum allowable size for grants. (b) Selection criteria are set forth in section 802(h)(1) and shall include additional criteria specified by the Secretary concerned. | |||||||
| 24:24:4.1.1.1.1.0.1.4 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.115 Program costs. | HUD | [61 FR 42943, 42949, Aug. 19, 1996, as amended at 80 FR 75940, Dec. 7, 2015] | (a) Allowable costs. (1) Allowable costs for direct provision of supportive services includes the provision of supportive services and others approved by the Secretary concerned for: (i) Direct hiring of staff, including a service coordinator; (ii) Supportive service contracts with third parties; (iii) Equipment and supplies (including food) necessary to provide services; (iv) Operational costs of a transportation service ( e.g., mileage, insurance, gasoline and maintenance, driver wages, taxi or bus vouchers); (v) Purchase or leasing of vehicles; (vi) Direct and indirect administrative expenses for administrative costs such as annual fiscal review and audit, telephones, postage, travel, professional education, furniture and equipment, and costs associated with self evaluation or assessment (not to exceed one percent of the total budget for the activities approved); and (vii) States, Indian tribes and units of general local government with more than one project included in the grant may receive up to 1% of the total cost of the grant for monitoring the projects. (2) Allowable costs shall be reasonable, necessary and recognized as expenditures in compliance with 2 CFR part 200, subpart E. (b) Nonallowable costs. (1) CHSP funds may not be used to cover expenses related to any grantee program, service, or activity existing at the time of application to CHSP. (2) Examples of nonallowable costs under the program are: (i) Capital funding (such as purchase of buildings, related facilities or land and certain major kitchen items such as stoves, refrigerators, freezers, dishwashers, trash compactors or sinks); (ii) Administrative costs that represent a non-proportional share of costs charged to the Congregate Housing Services Program for rent or lease, utilities, staff time; (iii) Cost of supportive services other than those approved by the Secretary concerned; (iv) Modernization, renovation or new construction of a building or facility, including kitchens; (v) Any costs related to the development of t… | ||||||
| 24:24:4.1.1.1.1.0.1.5 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.120 Eligible supportive services. | HUD | (a) Supportive services or funding for such services may be provided by state, local, public or private providers and CHSP funds. A CHSP under this section shall provide meal and other qualifying services for program participants (and other residents and nonresidents, as described in § 700.125(a)) that are coordinated on site. (b) Qualifying supportive services are those listed in section 802(k)(16) and in section 700.105. (c) Meal services shall meet the following guidelines: (1) Type of service. At least one meal a day must be served in a group setting for some or all of the participants; if more than one meal a day is provided, a combination of a group setting and carry-out meals may be utilized. (2) Hot meals. At least one meal a day must be hot. A hot meal for the purpose of this program is one in which the principal food item is hot at the time of serving. (3) Special menus. Grantees shall provide special menus as necessary for meeting the dietary needs arising from the health requirements of conditions such as diabetes and hypertension. Grantees should attempt to meet the dietary needs of varying religious and ethnic backgrounds. (4) Meal service standards. Grantees shall plan for and provide meals which are wholesome, nutritious, and each of which meets a minimum of one-third of the minimum daily dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council (or State or local standards, if these standards are higher). Grantees must have an annual certification, prepared and signed by a registered dietitian, which states that each meal provided under CHSP meets the minimum daily dietary allowances. (5) Food stamps and agricultural commodities. In providing meal services grantees must apply for and use food stamps and agricultural commodities as set forth in section 802(d)(2)(A). (6) Preference for nutrition providers: In contracting for or otherwise providing for meal services grantees must follow the requirements of sect… | |||||||
| 24:24:4.1.1.1.1.0.1.6 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.125 Eligibility for services. | HUD | (a) Participants, other residents, and nonresidents. Such individuals are eligible either to participate in CHSP or to receive CHSP services, if they qualify under section 802(e)(1), (4) and (5). Under this paragraph, temporarily disabled persons are also eligible. (b) Economic need. In providing services under CHSP, grantees shall give priority to very low income individuals, and shall consider their service needs in selecting program participants. | |||||||
| 24:24:4.1.1.1.1.0.1.7 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.130 Service coordinator. | HUD | (a) Each grantee must have at least one service coordinator who shall perform the responsibilities listed in section 802(d)(4). (b) The service coordinator shall comply with the qualifications and standards required by the Secretary concerned. The service coordinator shall be trained in the subject areas set forth in section 802(d)(4), and in any other areas required by the Secretary concerned. (c) The service coordinator may be employed directly by the grantee, or employed under a contract with a case management agency on a fee-for-service basis, and may serve less than full-time. The service coordinator or the case management agency providing service coordination shall not provide supportive services under a CHSP grant or have a financial interest in a service provider agency which intends to provide services to the grantee for CHSP. (d) The service coordinator shall: (1) Provide general case management and referral services to all potential participants in CHSP. This involves intake screening, upon referral from the grantee of potential program participants, and preliminary assessment of frailty or disability, using a commonly accepted assessment tool. The service coordinator then will refer to the professional assessment committee (PAC) those individuals who appear eligible for CHSP; (2) Establish professional relationships with all agencies and service providers in the community, and develop a directory of providers for use by program staff and program participants; (3) Refer proposed participants to service providers in the community, or those of the grantee; (4) Serve as staff to the PAC; (5) Complete, for the PAC, all paperwork necessary for the assessment, referral, case monitoring and reassessment processes; (6) Implement any case plan developed by the PAC and agreed to by the program participant; (7) Maintain necessary case files on each program participant, containing such information and kept in such form as HUD and RHS shall require; (8) Provide the necessary case files to PAC members upo… | |||||||
| 24:24:4.1.1.1.1.0.1.8 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.135 Professional assessment committee. | HUD | (a) General. (1) A professional assessment committee (PAC), as described in this section, shall recommend services appropriate to the functional abilities and needs of each eligible project resident. The PAC shall be either a voluntary committee appointed by the project management or an agency in the community which provides assessment services and conforms to section 802(e)(3)(A) and (B). PAC members are subject to the conflict of interest provisions in section 700.175(b). (2) The PAC shall utilize procedures that ensure that the process of determining eligibility of individuals for congregate services affords individuals fair treatment, due process, and a right of appeal of the determination of eligibility, and shall ensure the confidentiality of personal and medical records. (3) The dollar value of PAC members' time spent on regular assessments after initial approval of program participants may be counted as match. If a community agency discharges the duties of the PAC, staff time is counted as its imputed value, and if the members are volunteers, their time is counted as volunteer time, according to sections 700.145(c)(2) (ii) and (iv). (b) Duties of the PAC. The PAC is required to: (1) Perform a formal assessment of each potential elderly program participant to determine if the individual is frail. To qualify as frail, the PAC must determine if the elderly person is deficient in at least three ADLs, as defined in section 700.105. This assessment shall be based upon the screening done by the service coordinator, and shall include a review of the adequacy of the informal support network ( i.e., family and friends available to the potential participant to assist in meeting the ADL needs of that individual), and may include a more in-depth medical evaluation, if necessary; (2) Determine if non-elderly disabled individuals qualify under the definition of person with disabilities under section 700.105. If they do qualify, this is the acceptance criterion for them for CHSP. Persons with disabilities do no… | |||||||
| 24:24:4.1.1.1.1.0.1.9 | 24 | Housing and Urban Development | VII | 700 | PART 700—CONGREGATE HOUSING SERVICES PROGRAM | § 700.140 Participatory agreement. | HUD | (a) Before actual acceptance into CHSP, potential participants must work with the PAC and the service coordinator in developing supportive services case plans. A participant has the option of accepting any of the services under the case plan. (b) Once the plan is approved by the PAC and the program participant, the participant must sign a participatory agreement governing the utilization of the plan's supportive services and the payment of supportive services fees. The grantee annually must renegotiate the agreement with the participant. | |||||||
| 28:28:2.0.5.5.1.1.127.1 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.10 General provisions. | (a) Purpose and scope. The subpart contains the regulations of the Office of Independent Counsel implementing the Privacy Act of 1974, 5 U.S.C. 552a. The regulations apply to all records that are contained in systems of records maintained by the Office of Independent Counsel and that are retrieved by an individual's name or personal identifier. These regulations set forth the procedures by which an individual may seek access under the Privacy Act to records pertaining to him, may request correction of such records, or may seek an accounting of disclosures of such records by the office. (b) Transfer of law-enforcement records. The head of the Office, or his designee, is authorized to make written requests under 5 U.S.C. 552a(b)(7) for transfer of records maintained by other agencies that are necessary to carry out an authorized law-enforcement activity of the Office. (c) Definitions. As used in this subpart, the following terms shall have the following meanings: (1) Agency has the meaning given in 5 U.S.C. 551(1) and 5 U.S.C. 552a(a)(1). (2) Record has the same meaning given in 5 U.S.C. 552(a)(4). (3) Request for access means a request made pursuant to 5 U.S.C. 552a(d)(1). (4) Request for correction means a request made pursuant to 5 U.S.C. 552a(d)(2). (5) Request for an accounting means a request made pursuant to 5 U.S.C. 552a(c)(3). (6) Requester means an individual who makes either a request for access, a request for correction, or a request for an accounting. (7) System of records means a group of any group of any records under the control of the Office from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to that individual. | ||||||
| 28:28:2.0.5.5.1.1.127.10 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.19 Preservation of records. | The Office shall preserve all correspondence relating to the requests it receives under this subpart, and all records processed pursuant to such requests, until such time as the destruction of such correspondence and records is authorized pursuant to title 44 of the U.S. Code. Under no circumstances shall records be destroyed while they are the subject of a pending request for access, appeal, or lawsuit under the Act. | ||||||
| 28:28:2.0.5.5.1.1.127.11 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.20 Requests for correction of records. | (a) How made. Unless a record is exempted from correction and amendment, an individual may submit a request for correction of a record pertaining to him. A request for correction must be made in writing. The request must identify the particular record in question, state the correction sought, and set forth the justification for the correction. Both the envelope and the request for correction itself must be clearly marked: “Privacy Act Correction Request.” (b) Initial determination. Within 10 working days of receiving a request for correction, the Office shall notify the requester whether his request will be granted or denied, in whole or in part. If the Office grants the request for correction in whole or in part, it shall advise the requester of his right to obtain a copy of the corrected record, in releasable form, upon request. If the Office denies the request for correction in whole or in part, it shall notify the requester in writing of the denial. The notice of denial shall state the reason or reasons for the denial and advise the requester of his right to appeal. (c) Appeals. When a request for correction is denied in whole or in part, the requester may appeal the denial to Independent Counsel within 30 days of his receipt of the notice denying his request. An appeal to Independent Counsel shall be made in writing, shall set forth the specific item of information sought to be corrected, and shall include any documentation said to justify the correction. An appeal shall be addressed to the Office of Independent Counsel, suite 701 West, 555 Thirteenth Street, NW., Washington, DC 20004. Both the envelope and the letter of appeal itself must be clearly marked: “Privacy Act Correction Appeal.” (d) Determination on appeal. Independent Counsel, or his designee, shall decide all appeals from denials or requests to correct records. All such appeals shall be decided within 30 working days of receipt of the appeal, unless there is good cause to extend this period. If the denial of a request is affirmed on … | ||||||
| 28:28:2.0.5.5.1.1.127.12 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.21 Records not subject to correction. | The following records are not subject to correction or amendment as provided in § 700.20: (a) Transcripts of testimony given under oath or written statements made under oath; (b) Transcripts of grand jury proceedings, judicial proceedings, or quasi-judicial proceedings that constitute the official record of such proceedings; (c) Presentence records that are the property of the courts, but may be maintained by the Office in a system of records; and (d) Records duly exempted from correction pursuant to 5 U.S.C. 552a(j) or 552a(k) by notice published in the Federal Register. | ||||||
| 28:28:2.0.5.5.1.1.127.13 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.22 Request for accounting of record disclosures. | (a) An individual may request the Office to provide him with an accounting of those other agencies to which the Office has disclosed the record, and the date, nature, and purpose of each disclosure. A request for an accounting must be made in writing and must identify the particular record for which the accounting is requested. The request also must be addressed to the Office and both the envelope and the request itself must clearly be marked: “Privacy Act Accounting Request.” (b) The Office shall not be required to provide an accounting to an individual to the extent that the accounting relates to— (1) Records for which no accounting must be kept pursuant to 5 U.S.C. 552a(c)(1), (2) Disclosures of records to law-enforcement agencies for lawful law-enforcement activities, pursuant to written requests from such law-enforcement agencies specifying records sought and the law-enforcement activities for which the records are sought, under 5 U.S.C. 552a (c)(3) and (b)(7), or (3) Records for which an accounting need not be disclosed pursuant to 5 U.S.C. 552a (j) or (k). (c) A denial of a request for an accounting may be appealed to Independent Counsel in the same manner as a denial of a request for access, with both the envelope and the letter of appeal itself clearly marked: “Privacy Act Accounting Appeal.” | ||||||
| 28:28:2.0.5.5.1.1.127.14 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.23 Notice of subpoenas and emergency disclosures. | (a) Subpoenas. When records pertaining to an individual are subpoenaed by a grand jury, court, or quasi-judicial authority, the official served with the subpoena shall be responsible for ensuring that written notice of its service is forwarded to the individual. Notice shall be provided within 10 working days of the service of the subpoena or, in the case of a grand jury subpoena, within 10 working days of its becoming a matter of public record. Notice shall be mailed to the last known address of the individual and shall contain the following information: The date the subpoena is returnable, the court or quasi-judicial authority to which it is returnable, the name and number of the case of proceeding, and the nature of the records sought. Notice of the service of a subpoena is not required if the system of records has been exempted from the notice requirement of 5 U.S.C. 552a(e)(8), pursuant to 5 U.S.C. 552a(j), by a Notice of Exemption published in the Federal Register. (b) Emergency disclosures. If the record of an individual has been disclosed to any person under compelling circumstances affecting the health or safety of any person, as described in 5 U.S.C. 552a(b)(8), the individual to whom the record pertains shall be notified of the disclosure at his last known address within 10 working days. The notice of such disclosure shall be in writing and shall state the nature of the information disclosed, the person or agency to whom it was disclosed, the date of disclosure, and the compelling circumstances justifying the disclosure. The officer who made or authorized the disclosure shall be responsible for providing such notification. | ||||||
| 28:28:2.0.5.5.1.1.127.15 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.24 Security of systems of records. | (a) The Office Administrator or Security Officer shall be responsible for issuing regulations governing the security of systems of records. To the extent that such regulations govern the security of automated systems of records, the regulations shall be consistent with the guidelines developed by the National Bureau of Standards. (b) The Office shall establish administrative and physical controls to prevent unauthorized access to its systems of records, to prevent the unauthorized disclosure of records, and to prevent the unauthorized disclosure of records, and to prevent the physical damage or destruction of records. The stringency of such controls shall reflect the sensitivity of the records the controls protect. At a minimum, however, the Office's administrative and physical controls shall ensure that— (1) Records are protected from public view, (2) The area in which records are kept is supervised during business hours to prevent unauthorized persons from having access to the records, and (3) Records are inaccessible to unauthorized persons outside of business hours. (c) The Office shall establish rules restricting access to records to only those individuals within the Office who must have access to such records in order to perform their duties. The Office also shall adopt procedures to prevent the accidental disclosure of records or the accidental granting of access to records. | ||||||
| 28:28:2.0.5.5.1.1.127.16 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.25 Use and collection of social security numbers. | (a) Each system manager of a system of records that utilizes Social Security numbers as a method of identification without statutory authorization, or authorization by regulation adopted prior to January 1, 1975, shall take steps to revise the system to avoid future collection and use of the Social Security numbers. (b) The Office shall take such measures as are necessary to ensure that employees authorized to collect information from individuals are advised that individuals may not be required to furnish Social Security numbers without statutory or regulatory authorization and that individuals who are requested to provide Social Security numbers voluntarily must be advised that furnishing the number is not required and that no penalty or denial of benefits will flow from the refusal to provide it. | ||||||
| 28:28:2.0.5.5.1.1.127.17 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.26 Employee standards of conduct. | (a) The Office shall inform its employees of the provisions of the Privacy Act, including the Act's civil liability and criminal penalty provisions. The Office also shall notify its employees that they have a duty to— (1) Protect the security of records, (2) Assure the accuracy, relevance, timeliness, and completeness of records, (3) Avoid the unauthorized disclosure, either verbal or written, of records, and (4) Ensure that the Office maintains no system of records without public notice. (b) Except to the extent that the Privacy Act permits such activities, an employee of the Office of Independent Counsel shall: (1) Not collect information of a personal nature from individuals unless the employee is authorized to collect such information to perform a function or discharge a responsibility of the Office; (2) Collect from individuals only that information that is necessary to the performance of the functions or to the discharge of the responsibilities of the Office; (3) Collect information about an individual directly from that individual, whenever practicable; (4) Inform each individual from whom information is collected of— (i) The legal authority that authorizes the Office to collect such information, (ii) The principal purposes for which the Office intends to use the information, (iii) The routine uses the Office may make of the information, and (iv) The effects upon the individual of not furnishing the information; (5) Maintain all records that are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as to assure fairness to the individual in the determination; (6) Except as to disclosures to an agency or pursuant to 5 U.S.C. 552a(b)(2), make reasonable efforts, prior to disseminating any record about an individual, to assure that such records are accurate, relevant, timely, and complete; (7) Maintain no record concerning an individual's religious or political beliefs or activities, or his membership in associations or … | ||||||
| 28:28:2.0.5.5.1.1.127.18 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.27 Other rights and services. | Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under 5 U.S.C. 552a. | ||||||
| 28:28:2.0.5.5.1.1.127.2 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.11 Request for access to records. | (a) Procedure for making requests for access to records. An individual may request access to a record about him by appearing in person or by writing the Office. A requester in need of guidance in defining his request may write to the FOIA/PA Officer, Office of Independent Counsel, suite 701 West, 555 Thirteenth Street, NW., Washington, DC 20004. Both the envelope and the request itself should be marked: “Privacy Act Request.” (b) Description of records sought. A request for access to records must describe the records sought in sufficient detail to enable Office personnel to locate the system of records containing the record with a reasonable amount of effort. Whenever possible, a request for access should describe the nature of the records sought, the date of the record or the period in which the record was compiled, and the name or identifying number of the system of records in which the requester believes the record is kept. (c) Agreement to pay fees. The filing of a request for access to a record under this subpart shall be deemed to constitute an agreement to pay all applicable fees charged under § 700.17 up to $25.00. The Office shall confirm this agreement in its letter of acknowledgment to the requesters. When filing a request, a requester may specify a willingness to pay a greater amount, if applicable. (d) Verification of identity. Any individual who submits a request for access to records must verify his identity in one of the following ways, unless the notice published in the Federal Register describing the relevant system of records provides otherwise. (1) Any requester making a request in writing must state in his request his full name, current address, and date and place of birth. In addition, a requester must provide with his request an example of his signature, which shall be notarized. In order to facilitate the identification and location of the requested records, a requester may also, at his option, include in his request his Social Security number. (2) Any requester submitting a… | ||||||
| 28:28:2.0.5.5.1.1.127.3 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.12 Responses to requests for access to records. | (a) Authority to grant or deny requests. The head of the Office, or his designee, is authorized to grant or deny any request for access to a record. (b) Initial action by the Office. When the Office receives a request for access to a record in its possession, the Office shall promptly determine whether another Government agency is better able to determine whether the record is exempt, to any extent, from access. If the Office determines that it is the agency best able to determine whether the record is exempt, to any extent, from access, then the Office shall respond to the request. If the Office determines that it is not the agency best able to determine whether the record is exempt from access, the Office shall respond to the request, after consulting with the agency best able to determine whether the record is exempt from access. Under ordinary circumstances, the agency that generated or originated a requested record shall be presumed to be the agency best able to determine whether the record is exempt from access. However, nothing in this section shall prohibit the agency that generated or originated a requested record from consulting with the Office, if the agency that generated or originated the requested record determines that the Office has an interest in the requested record or the information contained therein. (c) Law-enforcement information. Whenever a request for access is made for a record containing information that relates to an investigation of a possible violation of criminal law or to a criminal law-enforcement proceeding and that was generated or originated by another agency, the Office shall consult with that other agency, as appropriate. (d) Classified information. Whenever a request for access is made for a record containing information that has been classified, or that may be eligible for classification, by another agency under the provision of Executive Order 12356 or any other Executive order concerning the classification of records, the Office shall refer the responsibilities… | ||||||
| 28:28:2.0.5.5.1.1.127.4 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.13 Form and content of Office responses. | (a) Form of notice granting request for access. After the Office has made a determination to grant a request for access in whole or in part, the Office shall so notify the requester in writing. The notice shall describe the manner in which access to the record will be granted and shall inform the requester of any fees to be charged in accordance with § 700.17. (b) Form of notice denying request for access. When the Office denies a request for access in whole or in part it shall so notify the requester in writing. The notice shall be signed by the head of the Office, or his designee, and shall include: (1) The name and title or position of the person responsible for the denial; (2) A brief statement of the reason or reasons for the denial, including the Privacy Act exemption or exemptions that the Office has relied upon in denying the request and a brief explanation of the manner in which the exemption or exemptions apply to each record withheld; and (3) A statement that the denial may be appealed under § 700.18(a) and a description of the requirements of that subsection. (c) Record cannot be located or has been destroyed. If a requested record cannot be located from the information supplied, or is known or believed to have been destroyed or otherwise disposed of, the Office shall so notify the requester in writing. (d) Medical records. When an individual requests medical records pertaining to himself that are not otherwise exempt from individual access, the Office may advise the individual that the records will be provided only to a physician, designated by the individual, who requests the records and establishes his identity in writing. The designated physician shall determine which records should be provided to the individual and which records should not be disclosed to the individual because of possible harm to the individual or another person. | ||||||
| 28:28:2.0.5.5.1.1.127.5 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.14 Classified information. | In processing a request for access to a record containing information that is classified or classifiable under Executive Order 12356 or any other Executive order concerning the classification of records, the Office shall review the information to determine whether it warrants classification. Information that does not warrant classification shall not be withheld from a requester on the basis of 5 U.S.C. 552a(k)(1). The Office shall, upon receipt of any appeal involving classified or classifiable information, take appropriate action to ensure compliance with the provisions of Executive Order 12356. | ||||||
| 28:28:2.0.5.5.1.1.127.6 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.15 Records in exempt systems of records. | (a) Law-enforcement records exempted under subsections (j)(2) and (k)(2). Before denying a request by an individual for access to a law-enforcement record that has been exempted from access pursuant to 5 U.S.C. 552a(k)(2), the Office must review the requested record to determine whether information in the record has been used or is being used to deny the individual any right, privilege, or benefit for which he would otherwise be eligible or to which he would otherwise be entitled under federal law. If so, the Office shall notify the requester of the existence of the record and disclose such information to the requester, except to the extent that the information would identify a confidential source. In cases when disclosure of information in a law-enforcement record could reasonably be expected to identify a confidential source, the record shall not be disclosed to the requester unless the Office is able to delete from such information all material that would identify the confidential source. (b) Employee background investigations. When a requester requests access to a record pertaining to a background investigation and the record has been exempted from access pursuant to 5 U.S.C. 552a(k)(5), the record shall not be disclosed to the requester unless the Office is able to delete from such record all information that would identify a confidential source. | ||||||
| 28:28:2.0.5.5.1.1.127.7 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.16 Access to records. | (a) Manner of access. The Office, once it has made a determination to grant a request for access, shall grant the requester access to the requested record by— (1) Providing the requester with a copy of the record or (2) Making the record available for inspection by the requester at a reasonable time and place. The Office shall in either case charge the requester applicable fees in accordance with the provisions of § 700.17. If the Office provides access to a record by making the record available for inspection by the requester, the manner of such inspection shall not unreasonably disrupt the operations of the Office. (b) Accompanying person. A requester appearing in person to review his records may be accompanied by another individual of his own choosing. Both the requester and the accompanying person shall be required to sign a form stating that the Office of Independent Counsel is authorized to disclose the record in the presence of both individuals. | ||||||
| 28:28:2.0.5.5.1.1.127.8 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.17 Fees for access to records. | (a) When charged. The Office shall charge fees pursuant to 5 U.S.C. 552a(f)(5) for the copying of records to afford access to individuals unless the Office, in its discretion, waives or reduces the fees for good cause shown. The Office shall charge fees only at the rate of $0.10 per page. For materials other than paper copies, the Office may charge the direct costs of reproduction, but only if the requester has been notified of such costs before they are incurred. Fees shall not be charged when they would amount, in the aggregate, for one request or for a series of related requests, to less than $3.00. However, the Office may, in its discretion, increase the amount of this minimum fee. (b) Notice of estimated fees in excess of $25. When the Office determines or estimates that the fees to be charged under this section may amount to more than $25, the Office shall notify the requester as soon as practicable of the actual or estimated amount of the fee, unless the requester has indicated in advance his willingness to pay a fee as high as that anticipated. (If only a portion of the fee can be estimated readily, the Office shall advise the requester that the estimated fee may be only a portion of the total fee.) When the estimated fee exceeds $25 and the Office has so notified the requester, the Office will be deemed not to have received the request for access to records until the requester has agreed to pay the anticipated fee. A notice to a requester pursuant to this paragraph shall offer him the opportunity to confer with Office personnel with the object of reformulating his request to meet his needs at a lower cost. (c) Form of payment. Requesters must pay fees by check or money order made payable to the Treasury of the United States. (d) Advance deposits. (1) When the estimated fee chargeable under this section exceeds $25, the Office may require a requester to make an advance deposit of 25 percent of the estimated fee or an advance payment of $25, whichever is greater. (2) When a requester has previo… | ||||||
| 28:28:2.0.5.5.1.1.127.9 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | A | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | § 700.18 Appeals from denials of access. | (a) Appeals to Independent Counsel. When the Office denies in whole or part a request for access to records, the requester may appeal the denial to Independent Counsel within 30 days of his receipt of the notice denying his request. An appeal to Independent Counsel shall be made in writing, addressed to the Office of Independent Counsel, suite 701 West, 555 Thirteenth Street, NW., Washington, DC 20004. Both the envelope and the letter of appeal itself must be clearly marked: “Privacy Act Appeal.” (b) Action on appeals. Unless Independent Counsel otherwise directs, he or his designee shall act on all appeals under this section, except that: A denial of a request for access by Independent Counsel, or his designee, shall constitute the final action of the Office on that request. (c) Form of action on appeal. The disposition of an appeal shall be in writing. A decision affirming in whole or in part the denial of a request for access shall include a brief statement of the reason or reasons for the affirmance, including each Privacy Act exemption relied upon and its relation to each record withheld, and a statement that judicial review of the denial is available in the United States District Court for the judicial district in which the requester resides or has his principal place of business, the judicial district in which the requested records are located, or the District of Columbia. If the denial of a request for access is reversed on appeal, the requester shall be so notified and the request shall be processed promptly in accordance with the decision on appeal. | ||||||
| 28:28:2.0.5.5.1.2.127.1 | 28 | Judicial Administration | VII | 700 | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | B | Subpart B—Exemption of the Office of Independent Counsel's Systems of Records Under the Privacy Act | § 700.31 Exemption of the Office of Independent Counsel's systems of records—limited access. | (a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d); (e)(1), (2) and (3); (e)(4) (G), (H) and (I); (e) (5) and (8); (f); and (g): (1) General Files System of the Office of Independent Counsel (OIC/001). (1) General Files System of the Office of Independent Counsel (OIC/001). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1), (k)(2), and (k)(5). (b) Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest on the part of the Office of Independent Counsel as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law-enforcement personnel. Moreover, the release of the accounting of disclosures made under subsection (b) of the Act, including those disclosures permitted under the routine uses published for these systems would permit the subject of an investigation of an actual or potential criminal, civil or regulatory violation to determine whether he is the subject of an investigation or to obtain valuable information concerning the nature of the investigation, material compiled during the investigation, and the identity of witnesses and informants. Disclosure of the accounting would, therefore, present a serious impediment to law enforcement. In addition, disclosure of the accounting would amount to notice to the individual of the existence of a record; such notice requirement under subsection (f)(1) of the Act is specifically exempted for this system of records. (2) From subsection (c)(4) because an exemption is being claimed under subsection (d) of the Act. This system is exempt from the access provisions of subsection (d) pursuant to subsections (j)… | ||||||
| 40:40:33.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | R | 700 | PART 700—GENERAL | A | Subpart A—Addresses | § 700.17 Addresses for the Office of Pollution Prevention and Toxics. | EPA | The official addresses, unless otherwise noted, are as follows: (a) Correspondence and non-docket materials —(1) United States Postal Service mailing address. Office of Pollution Prevention and Toxics (7401M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. (2) Hand/courier delivery address. Office of Pollution Prevention and Toxics, Environmental Protection Agency, EPA East Bldg., 1201 Constitution Ave. NW., Washington, DC 20004. This is not a mailing address. You must make arrangements with the person receiving your delivery. (b) Office of Pollution Prevention and Toxics Docket (OPPT Docket) —(1) Electronic docket address. Publicly available docket materials are available in the electronic docket at http://www.regulations.gov. Although listed in the docket index at regulations.gov, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only at the OPPT Docket. (2) Physical location. Environmental Protection Agency Docket Center (EPA/DC), Environmental Protection Agency, EPA West Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460-0001. The telephone number for the OPPT Docket is (202) 566-0280. This is not a mailing address. For instructions on visiting the docket, go to http://www.epa.gov/dockets/contacts.htm. (3) United States Postal Service mailing address. Document Control Office (7407M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. (4) Hand/courier delivery address. Document Control Office, Office of Pollution Prevention and Toxics, Environmental Protection Agency, EPA East Bldg., Rm. 6428, 1201 Constitution Ave. NW., Washington, DC. Deliveries are only accepted between 8:30 a.m. and 4 p.m., and special arrangements should be made for deliveries of boxed information. Th… | ||||
| 40:40:33.0.1.1.1.3.1.1 | 40 | Protection of Environment | I | R | 700 | PART 700—GENERAL | C | Subpart C—Fees | § 700.40 Purpose and applicability. | EPA | [83 FR 52713, Oct. 17, 2018] | (a) Purpose. The purpose of this subpart is to establish and collect fees from manufacturers and processors to defray part of EPA's cost of administering the Toxic Substances Control Act (15 U.S.C. 2601-2692), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Pub. L. 114-182). (b) Applicability. This subpart applies to all manufacturers who are required to submit information under section 4 of the Act, who submit certain notices and exemption requests to EPA under section 5 of the Act, who manufacture a chemical substance that is subject to a risk evaluation under TSCA section 6(b)(4) of the Act, and who process a chemical substance that is the subject of a Significant New Use Notice (SNUN) or Test Market Exemption (TME) under section 5 of the Act and who are required to submit information under section 4 of the Act related to a SNUN submission. (c) Effective date. After October 18, 2018, all persons specified in § 700.45 and paragraph (a) of this section must comply with this subpart. | |||
| 40:40:33.0.1.1.1.3.1.2 | 40 | Protection of Environment | I | R | 700 | PART 700—GENERAL | C | Subpart C—Fees | § 700.41 Radon user fees. | EPA | [59 FR 13177, Mar. 18, 1994] | User fees relating to radon proficiency programs authorized under the Toxic Substances Control Act appear at 40 CFR part 195. | |||
| 40:40:33.0.1.1.1.3.1.3 | 40 | Protection of Environment | I | R | 700 | PART 700—GENERAL | C | Subpart C—Fees | § 700.43 Definitions applicable to this subpart. | EPA | [53 FR 31252, Aug. 17, 1988, as amended at 62 FR 17931, Apr. 11, 1997; 83 FR 52713, Oct. 17, 2018; 89 FR 12974, Feb. 21, 2024] | Definitions in section 3 of the Act (15 U.S.C. 2602), as well as definitions contained in §§ 704.3, 720.3, 723.175(b), 725.3, and 790.3 of this chapter, apply to this subpart unless otherwise specified in this section. In addition, the following definitions apply: Consolidated microbial commercial activity notice or consolidated MCAN means any MCAN submitted to EPA that covers more than one microorganism (each being assigned a separate MCAN number by EPA) as a result of a prenotice agreement with EPA. Consolidated premanufacture notice or consolidated PMN means any PMN submitted to EPA that covers more than one chemical substance (each being assigned a separate PMN number by EPA) as a result of a prenotice agreement with EPA ( See 48 FR 21734). Consortium means an association of manufacturers and/or processors who have made an agreement to jointly split the cost of applicable fees. Enforceable consent agreement means a consent agreement used by EPA to accomplish testing where a consensus exists among EPA and interested parties (as identified in § 790.22(b)(2)) concerning the need for and scope of testing under section 4 of the Act. EPA-initiated risk evaluation means any risk evaluation conducted pursuant to section 6(b)(4)(C)(i) of the Act. Exemption notice means any notice submitted to EPA under § 723.175 of this chapter. Final product means a new chemical substance (as “new chemical substance” is defined in § 720.3 of this chapter) that is manufactured by a person for distribution in commerce, or for use by the person other than as an intermediate. Joint submitters mean two or more persons who submit a TSCA section 5 notice together. Manufacturer-requested risk evaluation means any chemical substance risk evaluation conducted at the request of one or more manufacturers of that chemical substance pursuant to section 6(b)(4)(C)(ii) of the Act. Microbial commercial activity notice or MCAN means any notice for microorganisms submitted to EPA pursuant to section 5(a)(1) of the Act in acco… | |||
| 40:40:33.0.1.1.1.3.1.4 | 40 | Protection of Environment | I | R | 700 | PART 700—GENERAL | C | Subpart C—Fees | § 700.45 Fee payments. | EPA | [83 FR 52714, Oct. 17, 2018, as amended at 89 FR 12974, Feb. 21, 2024] | (a) Persons who must pay fees. (1) Manufacturers submitting a TSCA section 5 notice to EPA shall remit for each such notice the applicable fee identified in paragraph (c) of this section in accordance with the procedures in paragraphs (f) and (g) of this section. (2) Manufacturers and processors of chemical substances and mixtures required to submit information for these chemical substances and mixtures under a TSCA section 4(a) test order or enforceable consent agreement, or manufacturers of chemical substances and mixtures required to submit information for these chemical substance and mixtures under a TSCA section 4(a) test rule, shall remit for each such test rule, order, or enforceable consent agreement the applicable fee identified in paragraph (c) of this section in accordance with the procedures in paragraphs (f) and (g) of this section. Manufacturers of a chemical substance subject to a test rule under TSCA section 4(a) are exempted from fee payment requirements in this section, if they meet one or more of the exemptions under this paragraphs (a)(2)(i) through (v) of this section on or after the certification cutoff date identified in paragraph (b)(6) of this section and do not conduct manufacturing outside of those exemptions after the certification cutoff dates or if they meet the exemptions under paragraph (a)(2)(vi) of this section for the five-year period preceding publication of the preliminary list and do not conduct manufacturing outside of that exemption during the five-year period preceding publication of the preliminary list; and the exemptions are only available if the manufacturer will meet one or more of the exemptions in this paragraph (a)(2)(i) through (vi) in the successive five years; and will not conduct manufacturing outside of the exemptions in paragraphs (a)(2)(i) through (v) of this section in the successive five years or will meet the exemption in paragraph (a)(2)(vi) of this section in the successive five years: (i) Import articles containing that chemical substance; (ii) Pr… |
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JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);