Privileges of the floor, however, extend only to members of the Conference, to senior fellows, to liaison representatives, to consultants and staff members insofar as matters on which they have been engaged are under consideration, and to persons who, prior to the commencement of the meeting have obtained the approval of the Chairman and who speak with the unanimous consent of the Assembly.

(b) Quorums. A majority of the members of the Conference shall constitute a quorum of the Assembly; a majority of the Council shall constitute a quorum of the Council.

(1) A

(c) Separate Statements. member who disagrees in whole or in part with a recommendation adopted by the Assembly is entitled to enter a separate statement in the record of the Conference proceedings and to have it set forth with the official publication of the recommendation in the FEDERAL REGISTER. A member's failure to file or join in such a separate statement does not necessarily indicate his agreement with the recommendation.

(2) Notification of intention to file a separate statement must be given to the Executive Secretary not later than the last day of the plenary session at which the recommendation is adopted. Members may, without giving such notification, join in a separate statement for which proper notification has been given.

(3) Separate statements must be filed within 10 days after the close of the session, but the Chairman may extend this deadline for good cause.

(d) Amendment of Bylaws. The Conference may amend the bylaws provided that 30 days' notice of the proposed amendment shall be given to all members of the Assembly by the Chairman.

(e) Procedure. Robert's Rules of Order shall govern the proceedings of the Assembly to the extent appropriate.

[40 FR 10442, Mar. 6, 1975. Redesignated at 43 FR 28806, July 3, 1978, and amended at 47 FR 30702, July 15, 1982]

303.103 Review of statements of employment and financial interests.

303.104 Disciplinary and other remedial action.

303.105 Gifts, entertainment, and favors. 303.106 Outside employment and other activity.

303.107 Specific provisions of agency regulations governing special Government employees.

303.108 Statements of employment and financial interest.

303.109 Statements of employment of special Government employees.

AUTHORITY: E.O. 11222, 30 FR 6469, 3 CFR 1965 Supp.; 5 CFR 735.101 et seq.

SOURCE: 43 FR 28806, July 3, 1978, unless otherwise noted.

§ 303.101 Adoption of regulations.

Pursuant to 5 CFR 735.104(f), the Administrative Conference of the United States hereby adopts the following sections of Part 735 of Title 5, Code of Federal Regulations: 735.101, 735.102, 735.201(a), 735.202 (a), (d), (e), (f), 735.203-735.210, 735.302, 735.303(a), 735.304, 735.305(a), 735.306, 735.403(a), 735.404-735.411, 735.412 (b) and (d). These adopted sections are modified and supplemented as set forth in this part.

(a) "Agency" means the Administrative Conference of the United States.

(b) “Employee” means an employee of the agency, but does not include a special Government employee.

(c) "Executive Order" means Executive Order 11222 of May 8, 1965.

(d) "Person" means an individual, a corporation, a company, an association, a firm, a partnership, a society, a joint stock company, or any other organization or institution.

(e) "Special Government employee" means a "special Government employee" as defined in section 202 of Title 18, United States Code, who is employed by the Administrative Conference, and shall include non-Govern

ment members of the Conference except where otherwise provided.1

§ 303.103 Review of statements of employment and financial interests.

Each statement of employment and financial interest submitted under this part shall be reviewed by the Chairman, or, in the case of statements submitted by special Government employees, by the Executive Director. When this review indicates a conflict between the interests of an employee or special Government employee of the agency and the performance of his services for the Government, the reviewing official shall have the indicated conflict brought to the attention of the employee or special Government employee, grant the employee or special Government employee an opportunity to explain the indicated conflict, and attempt to resolve the indicated conflict.

§ 303.104 Disciplinary and other remedial action.

An employee or special Government employee of the agency who violates any of the regulations in this part or adopted under § 303.101 may be disciplined. The disciplinary action may be in addition to any penalty prescribed by law for the violation. In addition to or in lieu of disciplinary action, remedial action to end conflicts or appearance of conflicts of interest may include but is not limited to:

(a) Changes in assigned duties;

(b) Divestment by the employee or special Government employee of his conflicting interest; or

(c) Disqualification for a particular assignment.

§ 303.105 Gifts, entertainment, and favors. The agency authorizes the exceptions to 5 CFR 735.202(a) set forth in 5 CFR 735.202(b) (1) through (4).

'The Department of Justice has concluded that non-Government members of the Conference are special Government employees, as defined in 18 U.S.C. 202. Without conceding the correctness of this view and in the interest of eliminating uncertainties, the Conference, in its bylaws and regulations, treats non-Government members as special Government employees. See § 302.5 of this chapter.

§ 303.106 Outside employment and other activity.

An employee of the agency may engage in outside employment or other outside activity not incompatible with the full and proper discharge of the duties and responsibilities of his Government employment. An employee who engages in outside employment shall report that fact in writing to his supervisor.

§ 303.107 Specific provisions of agency regulations governing special Government employees.

(a) Special Government employees of the agency shall adhere to the standards of conduct set forth in 5 CFR 735.302-735.306 and adopted under § 303.101.

(b) Special Government employees of the agency may teach, lecture, or write in a manner not inconsistent with 5 CFR 735.203(c).

(c) Pursuant to 5 CFR 735.305(b), the agency authorizes the same exceptions concerning gifts, entertainment, and favors for special Government employees as are authorized for employees by § 303.105.

(d) Procedures for the avoidance of conflicts of interest by members of the Conference in the consideration of matters before the Conference are set forth in section 5 of the Conference bylaws, § 302.5 of this chapter.

§ 303.108 Statements of employment and financial interest.

(a) Employees in the following named positions shall submit statements of employment and financial interest, including supplementary statements, as required by 5 CFR 735.405 and 735.406:

(1) Executive Director.
(2) Executive Secretary.
(3) Research Director.

(b) Each statement of employment and financial interest required by this section shall be submitted to the Chairman of the Administrative Conference of the United States.

(c) Pursuant to the authority contained in 18 U.S.C. 208(b) and 5 CFR 735.404a, the following categories of financial interest are determined to be too remote or too inconsequential to

affect the integrity of an employee's services in any matter in which he may act in his governmental capacity, and need not be reported under this section:

(1) Any holding in a widely held mutual fund or regulated investment company.

(2) Ownership of bonds other than corporate bonds.

(3) Any deposit account in a federally insured bank, savings and loan association, or credit union.

(4) Any life or other insurance policy.

§ 303.109 Statements of employment of special Government employees.

(a) Each special Government employee, other than a non-Government member of the Conference, shall at the time of his employment submit a statement of all other employment and of such other financial information, as described in section 306 of the Executive order, as the Executive Director determines is relevant in the light of the duties the employee is to perform: Provided, That financial interests listed in § 303.108(c) need not be reported. The statement shall be kept current throughout the period of the employee's service.

(b) Each non-Government member of the Administrative Conference shall submit a statement of all other employment upon appointment to the Conference. A statement of other financial information as described in section 306 of the Executive order, shall not be required, unless the Chairman determines that such additional information is relevant in the light of the duties the member is to perform. Statements filed by non-Government members shall be reviewed by the Chairman who shall take appropriate action to resolve any indicated conflict statements of financial interests. Statements shall be kept current throughout the period of the member's service. The provisions of §§ 303.103 and 303.104 of this regulation are not applicable to non-Government members of the Conference.

(b) The Annual Report of the Administrative Conference contains the texts of all Recommendations and Statements of the Conference adopted during the preceding year, together with the full texts of any separate statements. It also contains descriptive material regarding the work of the Conference and its committees. The Annual Report is available from the Superintendent of Documents. Single copies of current and past Annual Reports will also be furnished by the Conference on request, to the extent that supplies on hand permit.

(c) The staff or consultant reports that form the basis for Conference Recommendations and Statements are collected and published from time to time in bound volumes under the title Recommendations and Reports of the Administrative Conference of the United States. These volumes are available from the Superintendent of Documents.

(d) The Conference endeavors to maintain for distribution to interested persons an adequate stock of final consultant and staff reports, copies of congressional testimony, membership lists, newsletters, minutes of recent committee meetings, and other documents of general interest. Requests for single copies of such documents will be filled at no charge to the extent that supplies on hand permit.

$304.3 Requests for records.

(a) It is the policy of the Administrative Conference to make records and documents in its possession available to the public to the greatest extent possible. All records of the Conference are available for public inspection and copying in accordance with this section except those records or portions of records as to which the Executive Secretary or his designee specifically determines that:

(1) They fall within a particular exemption in section 552(b) of the Freedom of Information Act and (2) disclosure would not be consistent with the national interest, the protection of private rights or the efficient conduct of Conference business.

(b) A request for records, other than for documents which are published in the FEDERAL REGISTER or available for

sale or distribution as described in § 304.2 of this part, shall be made in writing and directed to the Executive Secretary, Administrative Conference of the United States, 2120 L Street NW., Washington, D.C. 20037. Such request shall be clearly marked "Freedom of Information Request" or "Information Request" and shall reasonably describe the record requested. The staff of the Administrative Conference will make reasonable efforts to assist a requester in formulating his request. Nothing in this section shall preclude staff of the Administrative Conference from complying with oral, unmarked, or generally stated requests for information and documents. (c) The Executive Secretary or his designee shall, within ten working days after its receipt, either comply with or deny a request for records, provided that when additional time is required because of:

(1) A need to search for, collect and examine a voluminous amount of separate and distinct records demanded in a single request, or (2) a need for consultation with another agency having a substantial interest in the determination of the request, the time limit for disposing of the request may be extended for up to ten additional working days by a written notice to the requester setting forth the reasons for and the anticipated length of the delay.

(d)(1) Where it appears to the Executive Secretary or his designee that fees chargeable under § 304.6 of this regulation for compliance with the request will exceed $25, and the requester has not indicated in advance his willingness to pay fees as high as are anticipated, the requester shall be promptly notified of the amount of the anticipated fee or such portion thereof as can readily be estimated. In such cases, a request will not be deemed to have been received until the requester is notified of the anticipated cost and agrees to bear it. The notification shall offer the requester the opportunity to confer with Conference personnel with the object of reformulating the request so as to meet his needs at lower cost.

(2) Where the anticipated fee chargeable under this part exceeds

$50, an advance deposit of 25% of the anticipated fee or $25, whichever is greater, may be required. Where a requester has previously failed to pay a fee under this part, an advance deposit of the full amount of the anticipated fee may be required.

(e) The requester will be notified promptly of the determination made pursuant to paragraph (c) of this section. If the determination is to release the requested record, such record shall promptly be made available. If the determination is not to release the record, the person making the request shall, at the same time he is notified of such determination, be notified of: (1) The reason for the determination; (2) the name and title or position of each person responsible for the denial of the request; and (3) his right to seek judicial review of such determination pursuant to the provisions of the Freedom of Information Act, 5 U.S.C. 552(a)(4).

§ 304.4 Index.

The Freedom of Information Act, 5 U.S.C. 552(a)(2), requires each agency to maintain and make available for public inspection and copying a current index of certain materials issued, adopted or promulgated by the agency. With respect to the materials covered by section 552(a)(2)(B), the Conference maintains currently for distribution and publishes in the Code of Federal Regulations a complete list of Conference Recommendations and Statements. See § 304.2(a) of this part. The Conference has no adjudicatory responsibilities of the kind contemplated by section 552(a)(2)(A) of the Act and does not ordinarily issue materials of the type described in section 552(a)(2)(C). Should such materials be issued, appropriate indexes will be maintained.

§ 304.5 Policy with respect to requests for particular kinds of documents.

This section is intended to amplify the policy set out in § 304.3(a) as applied to specific categories of documents:

(a) All materials which are distributed to the membership of the Administrative Conference for consideration at a plenary session will upon distribu

tion be available to the public in accordance with § 304.2(d) of these regulations.

(b) Consultant and staff reports which are otherwise exempt from disclosure under the Freedom of Information Act as interagency or intraagency correspondence will, absent special circumstances, be made available if the reports are in substantially completed form and have been distributed widely for comment within or outside the Government. Tentative reports and working drafts which have received only limited circulation will ordinarily not be made available.

(c) Agency comments on a report or proposed recommendation, if exempt from disclosure under the Freedom of Information Act, will nevertheless ordinarily be made available unless the agency indicates to the Conference that its comment is confidential. Comment of an individual Conference member, writing in his personal capacity, will not be made available without the consent of the member.

(d) The following categories of documents are declared to be available to the public, notwithstanding any applicable exemption in section 552(b) of the Freedom of Information Act: (1) Agency reports on the implementation of Conference recommenda

tions;

(2) Correspondence from the Office of the Chairman of the Administrative Conference to committees of Congress, commenting on pending legislation;

(3) Minutes of meetings of the standing committees of the Conference;

(4) Transcripts of plenary sessions of the Conference.

§ 304.6 Schedules of fees.

The Executive Secretary may charge a fee for searching for and copying documents or records requested pursuant to § 304.3, as follows:

(a) The fee for copies shall be $0.10 per copy per page. Copying fees of less than $2 per request are waived.

(b) The search charge shall be $5 per hour for the services of nonprofessional personnel and $9 per hour for the services of professional personnel. Search charges shall be calculated to