HHS 21 CFR PART 1402-2011 MANDATORY DECLASSIFICATION REVIEW《强制性解密审查》.pdf

1、252 21 CFR Ch. III (4111 Edition) 1401.11 1401.11 Fees to be chargedmiscella-neous provisions. (a) Remittance shall be mailed to the Office of Legal Counsel, ONDCP, Wash-ington DC 20503, and made payable to the order of the Treasury of the United States on a postal money order or per-sonal check or

2、bank draft drawn on a bank in the United States. (b) ONDCP may require advance pay-ment where the estimated fee exceeds $250, or a requester previously failed to pay within 30 days of the billing date. (c) ONDCP may assess interest charges beginning the 31st day of bill-ing. Interest will be at the

3、rate pre-scribed in section 3717 of title 31 of the United States Code and will accrue from the date of the billing. (d) ONDCP may assess search charges where records are not located or where records are exempt from disclosure. (e) ONDCP may aggregate individual requests and charge accordingly for r

4、e-quests seeking portions of a document or documents. 1401.12 Fees to be chargedcat-egories of requesters. (a) There are four categories of FOIA requesters: commercial use requesters; educational and non-commercial sci-entific institutions; representatives of the news media; and all other request-er

5、s. (b) The specific levels of fees for each of these categories are: (1) Commercial use requesters. ONDCP will recover the full direct cost of pro-viding search, review and duplication services. Commercial use requesters will not receive free search-time or free reproduction of documents. (2) Educat

6、ional and non-commercial sci-entific institution requesters. ONDCP will charge the cost of reproduction, ex-cluding charges for the first 100 pages. Requesters must demonstrate the re-quest is authorized by and under the auspices of a qualifying institution and that the records are sought for schol-

7、arly or scientific research not a com-mercial use. (3) Requesters who are representatives of the news media. ONDCP will charge the cost of reproduction, excluding charges for the first 100 pages. Request-ers must meet the criteria in 1401.3(h), and the request must not be made for a commercial use.

8、A request that sup-ports the news dissemination function of the requester shall not be considered a commercial use. (4) All other requesters. ONDCP will re-cover the full direct cost of the search and the reproduction of records, ex-cluding the first 100 pages of reproduc-tion and the first two hour

9、s of search time. Requests for records concerning the requester will be treated under the fee provisions of the Privacy Act of 1974, 5 U.S.C. 552a, which permits fees only for reproduction. 1401.13 Waiver or reduction of fees. Fees chargeable in connection with a request may be waived or reduced whe

10、re ONDCP determines that disclo-sure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial inter-est of the requester. PART 1402MANDATORY DECLASSIFICATION REVIEW Sec.

11、 1402.1 Purpose. 1402.2 Responsibility. 1402.3 Information in the custody of ONDCP. 1402.4 Information classified by another agency. 1402.5 Appeal procedure. 1402.6 Fees. 1402.7 Suggestions and complaints. AUTHORITY: Section 3.4, E.O. 12356 (3 CFR, 1982 Comp., p. 166), and Information Security Overs

12、ight Office Directive No. 1 (32 CFR 2001.32). SOURCE: 57 FR 55089, Nov. 24, 1992, unless otherwise noted. 1402.1 Purpose. Other government agencies, U.S. citi-zens or permanent resident aliens may request that classified information in files of the Office of National Drug Control Policy (ONDCP) be r

13、eviewed for possible declassification and re-lease. This part prescribes the proce-dures for such review and subsequent release or denial. VerDate Mar2010 07:57 May 04, 2011 Jkt 223073 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:SGML223073.XXX 223073erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for

14、 ResaleNo reproduction or networking permitted without license from IHS-,-,-253 Office of National Drug Control Policy Pt. 1403 1402.2 Responsibility. All requests for the mandatory de-classification review of classified infor-mation in ONDCP files should be ad-dressed to the Security Officer, Offic

15、e of National Drug Control Policy, Exec-utive Office of the President, Wash-ington, DC 20500, who will acknowledge receipt of the request. When a request does not reasonably describe the infor-mation sought, the requester shall be notified that unless additional infor-mation is provided, or the scop

16、e of the request is narrowed, no further action will be taken. 1402.3 Information in the custody of ONDCP. Information contained in ONDCP files and under the exclusive declas-sification jurisdiction of ONDCP will be reviewed by the Director of the Of-fice of Planning, Budget, and Adminis-tration of

17、ONDCP and/or the office of primary interest to determine whether, under the declassification provisions of section 3.1 of Executive Order 12356 (3 CFR, 1982 Comp., p. 166), the requested information may be declassified. If the information may not be released, in whole or in part, the requester shall

18、 be given a brief statement as to the rea-sons for denial, a notice of the right to appeal the determination to the Direc-tor of ONDCP, and a notice that such an appeal must be filed within 60 days in order to be considered. 1402.4 Information classified by an-other agency. When a request is receive

19、d for infor-mation that was classified by another agency, the Director of the Office of Planning, Budget, and Administration of ONDCP will forward the request and a copy of the document(s) along with any other related materials, to the ap-propriate agency for review and deter-mination as to release.

20、 Recommenda-tions as to release or denial may be made if appropriate. The requester will be notified of the referral, unless the receiving agency objects on the grounds that its association with the information requires protection. 1402.5 Appeal procedure. Appeals reviewed as a result of a de-nial w

21、ill be routed to the Director of ONDCP, who will take action as nec-essary to determine whether any part of the information may be declassified. If so, the Director shall notify the re-quester of this determination and shall make any information available that is declassified and is otherwise releas

22、-able. If continued classification is re-quired, the requester shall be notified by the Director of ONDCP of the rea-sons therefore. 1402.6 Fees. There will normally be no fees charged for the mandatory review of classified material for declassification under this part. 1402.7 Suggestions and compla

23、ints. Suggestions and complaints regard-ing the information security program of ONDCP should be submitted, in writ-ing, to the Security Officer, Office of National Drug Control Policy, Wash-ington, DC 20500. PART 1403UNIFORM ADMINIS-TRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE

24、 AND LOCAL GOVERNMENTS Subpart AGeneral Sec. 1403.1 Purpose and scope of this part. 1403.2 Scope of subpart. 1403.3 Definitions. 1403.4 Applicability. 1403.5 Effect on other issuances. 1403.6 Additions and exceptions. Subpart BPre-Award Requirements 1403.10 Forms for applying for grants. 1403.11 Sta

25、te plans. 1403.12 Special grant or subgrant conditions for high-risk grantees. Subpart CPost-Award Requirements FINANCIAL ADMINISTRATION 1403.20 Standards for financial management systems. 1403.21 Payment. 1403.22 Allowable costs. 1403.23 Period of availability of funds. 1403.24 Matching or cost sharing. 1403.25 Program income. 1403.26 Non-Federal audit. VerDate Mar2010 07:57 May 04, 2011 Jkt 223073 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:SGML223073.XXX 223073erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-