made by the Administrator or Deputy Administrator after considering all Agency resources available for use in the funding and operation of the conducted program or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. The Administrator or Deputy Administrator's decision shall be made within 30 days of the initial decision by Agency personnel that an action would result in such an alteration or burdens. If an action required to comply with this section would result in such as alteration or such burdens, the Agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity.

§§ 135.161—136.169 [Reserved]

§ 136.170 Compliance procedures.

(a) Applicability. Except as provided in paragraph (b) of this section, this section applies to all allegations of discrimination on the basis of handicap in programs or activities conducted by the Agency.

(b) Employment complaints. The Agency shall process complaints alleging violations of section 504 with respect to employment according to the procedures established by EEOC in 29 CFR part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 U.S.C.

791).

(c) Filing a complaint-(1) Who may file. Any person who believes that he or she has been subjected to discrimination prohibited by this part may file a complaint. An authorized representative of such person may file a complaint on his or her behalf. Any person who believes that any specific class of persons has been subjected to discrimination prohibited by this part and who is a member of that class, or the authorized representative of a member of that class, may file a complaint.

(2) Confidentiality. The Chief, Office of Civil Rights Compliance (OCRC), shall hold in confidence the identity of any person submitting a complaint, unless the person submits written authorizatio wise, except to the extent

necessary to carry out the purposes of this part, including the conduct of any investigation, hearing, or proceeding under this part, or to cooperate with the Office of Inspector General in the performance of its responsibilities under the Inspector General Act of 1978, as amended.

(3) When to file. Complaints shall be filed within 180 days of the alleged act of discrimination, except when this deadline is extended by the Chief, OCRC, for good cause shown. For purposes of determining when a complaint is timely filed under this paragraph, a complaint mailed to the Agency shall be deemed filed on the date it is postmarked. Any other complaint shall be deemed filed on the date it is received by the Agency.

(4) How to file. Complaints may be delivered or mailed to the Chief, OCRC, Small Business Administration, 1441 L Street NW.-Room 501, Washington, DC 20416. Any other SBA official receiving a complaint under this part shall forward such complaint immediately to the Chief, OCRC.

(d) Notification to the Architectural and Transportation Barriers Compliance Board. The agency shall promptly send to the Architectural and Transportation Barriers Compliance Board & copy of any complaint alleging that a building or facility that is subject to the Architectural Barriers Act of 1968, as amended, 42 U.S.C. 4151-4157 is not readily accessible to and usable by individuals with handicaps.

(e) Acceptance of complaint. (1) The Chief, OCRC, shall accept a complete complaint that is filed in accordance with paragraph (c) of this section and over which the Agency has jurisdiction. The Chief, OCRC, shall notify the complainant and the respondent of receipt and acceptance of the complaint.

(2) If the Chief, OCRC, receives & complaint that is not complete, he or she shall notify the complainant, within 30 days of receipt of the incomplete complaint, that additional information is needed. If the complainant fails to furnish the necessary information within 30 days of receipt of this notice, the Chief, OCRC, shall dismiss the complaint without prejudice.

(3) If the Chief, OCRC, receives a complaint over which the Agency does

not have jurisdiction, he or she shall promptly notify the complainant and shall make reasonable efforts to refer the complaint to the appropriate Government entity.

(f) Investigation/Conciliation. (1) With in 180 days of the receipt of a complete complaint the Chief, OCRC, shall complete the investigation of the complaint and attempt informal resolution. If no informal resolution is achieved, the Chief, OCRC, shall issue a letter of findings.

(2) The Chief, OCRC, may require Agency employees to cooperate in the investigation and attempted resolution of complaints. Employees who are required to participate in any investigation under this section shall do so as part of their official duties and during regular duty hours.

(3) The Chief, OCRC, shall furnish the complainant and the respondent with a copy of the investigative report and provide the complainant and respondent with an opportunity for informal resolution of the complaint.

(4) If a complaint is resolved informally, the terms of the agreement shall be reduced to writing and made part of the complaint file, with a copy of the agreement provided to the complainant and respondent. The written agreement may include a finding on the issue of discrimination and shall describe any corrective action to which the complainant and respondent have agreed.

(g) Letter of findings. If an informal resolution of the complaint is not reached, the Chief, OCRC, shall, within 180 days of receipt of the complete complaint, notify the complainant, the respondent and the Director, Office of Equal Employment Opportunity and Compliance (OEEOC), of the results of the investigation in a letter sent by certified mail, return receipt requested, and containing

(1) Findings of fact and conclusions of law;

(2) A description of a remedy for each violation found;

(3) A notice of the right of the complainant and respondent to appeal to the Director, OEEOC; and

(4) A notice of the right of the complainant and respondent to request a hearing.

The letter of findings becomes the final Agency decision if neither party files an appeal within the time prescribed in paragraph (h)(1) of this section. The Chief, OCRC, shall certify that the letter of findings is the final Agency decision on the complaint at the expiration of that time.

(h) Filing an appeal. (1) Any notice of appeal to the Director, OEEOC, with or without a request for hearing, shall be filed by the complainant or the respondent in writing with the Chief, OCRC, within 30 days of receipt from him or her of the letter required by paragraph (g) of this section. The notice shall be accompanied by a certificate of service attesting that the party has served a copy of his or her notice of appeal on all other parties to the proceeding. The Director, OEEOC, may extend this time limit for good cause paragraph (h)(3) of this section. shown pursuant to the procedure in

(2) If a timely notice of appeal without a request for hearing is filed, any other party may file a written request for hearing within the time limit specified in paragraph (h)(1) of this section or within 10 days of his or her receipt of such notice of appeal, whichever is later.

(3) A party may appeal to the Director, OEEOC, from a decision of the Chief, OCRC, that an appeal is untimely. This appeal shall be filed with the Director, OEEOC, within 15 days of receipt of the decision from the Chief, OCRC.

(4) Any request for hearing will be construed as a request for an oral hearing. The complainant's failure to file a timely request for a hearing in accordance with this part shall constitute waiver of the right to a hearing, but shall not preclude his or her submitting written information and argument to the Director, OEEOC, in connection with his or her notice of appeal.

(i) Acceptance of appeal. The Chief, OCRC, shall accept and process any timely filed appeal.

(1) If a notice of appeal is filed but no party requests a hearing, the Chief, OCRC, shall promptly transmit the complaint file, the letter of findings and the notice of appeal to the Director, OEEOC.

$137.1 Purpose and scope.

(a) This rule is promulgated by the Small Business Administration pursuant to the requirement of section 5.3(b) of Executive Order 12356, "National Security Information," 47 FR 14874 (1982), that unclassified regulations of each agency which establish information security policy, to the extent that the regulations affect members of the public, be published in the FEDERAL REGISTER, and in accordance with the requirement contained in paragraph ld of National Security Decision Directive 84 (NSDD 84), "Safeguarding National Security Information," signed by the President on March 11, 1983, that agencies establish policies governing contacts between media representatives and agency personnel.

(b) This rule covers all information and material handled by the Small Business Administration that is owned by, produced for or by, or under the control of, the United States Government, which has been determined pursuant to Executive Order 12356 or prior Orders to require protection against unauthorized disclosure, and is so designated. This type of information is defined in section 1.1 of Executive Order 12356 as national security information (hereinafter classified information).1

1 National security information is information classified at one of the following three levels:

(1) Top Secret, which applies to informaion, the unauthorized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security.

(2) Secret, which applies to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to The national security; or

(3) Confidential, which applies to informaion, the unauthorized disclosure of which

$137.2 Policy.

It is the Small Business Administration's policy to act in accordance with Executive Order 12356 with respect to all classified information.

$137.3 Administration of program.

(a) General. The Security Officer, Office of Inspector General will: (1) Implement and oversee the Small Business Administration's national security information program; (2) receive questions, suggestions, and complaints regarding the program; (3) make changes to the program as he/she deems advisable; (4) assure that the program is at all times consistent with Executive Order 12356; (5) receive requests for declassification regardless of the origin of the request, assuring that requests are acted upon within 60 days and that requests submitted under the Freedom of Information Act are handled in accordance with that Act; and (6) be responsible for coordinating all responses to media inquiries with respect to classified information in the possession of any official or employee of the Agency.

(b) Media Contacts. All contacts by members of the media which concern classified information shall be directed to the attention of the Security Officer, Office of Inspector General, Small Business Administration, 1441 L St., NW., Washington, DC 20416. Any contacts by members of the media with other Agency officials and employees with respect to classified information, shall be referred to the Security Officer for coordination of the Agency response.

(c) Systematic Review for Declassification. Classified information in the possession and control of the Small Business Administration or of the Archivist of the United States, determined pursuant to 44 U.S.C. 2103 to constitute permanently valuable records of the Government, will be systematically reviewed for declassification. This review will be in accordance with systematic review guidelines authorized by the Administator of the Small Business Administration.

reasonably could be expected to cause damage to the national security.

(d) Mandatory Review Procedures—(1) Requests. The Security Officer will process requests for mandatory review for declassification. Mandatory review for declassification will occur whenever: (i) The request is made by a United States citizen or permanent resident alien, a Federal agency, or a State or local government; and (ii) the request describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort. Requests for mandatory review should be submitted in writing to the Security Officer, Office of Inspector General, 1441 L Street, NW., Washington, DC 20416.

(2) Exemptions from Mandatory Review. Information originated by a President, the White House Staff, by committees, commissions, or boards appointed by the President, or others specifically providing advice and counsel to a President or acting on behalf of a President is exempted from mandatory review for declassification.

(3) Processing Requirements. Inasmuch as the Small Business Administration does not have original classification authority, any classified information or materials in its possession will have been classified by another agency. Requests for mandatory review will, therefore, be forwarded for review to the agency which originally classified the information or material (hereinafter referred to as the originating agency). The forwarded requests shall be accompanied by a copy of the records requested together with the Small Business Administration's recommendations for action. Upon receipt, the originating agency shall:

(i) Make a prompt declassification determination (depending on the amount of search and review time required to process the request) and notify the requester accordingly, or inform the requester of the additional time needed to process the request;

(ii) Make reasonable efforts to release segregable portions, consistent with other applicable law, in a coherent segment when information cannot be declassified in its entirety; and

(iii)(A) Notify the requester of the right of an administrative appeal, which must be filed within 60 days of

receipt of the denial. The originating agency shall make a final determination within one year from the date or receipt except in unusual circumstances. After consultation with the originating agency, the Security Officer may inform the requester of the referral. In cases in which the originating agency determines that the existence or non-existence of the requested information is itself classifiable, the Security Officer will respond to the requester as directed by the originating agency.

(B) If the request is denied in whole or in part, the requester will be notified of the right to appeal the determination within 60 days of receipt of the denial and of the procedures for appeal. All such appeals will be processed pursuant to the appeal procedures of the originating agency. If the information or material is declassifed, the Security Officer will refer the request to the appropriate Agency office for processing under the Freedom of Information Act, consistent with SBA regulations at 13 CFR part 102 of these regulations, and will so advise the requester.

(4) Fees. Fees shall be assessed in accordance with the fee schedules established by the Small Business Administration with regard to the Freedom of Information Act and the Privacy Act as contained in part 102 of SBA regulations.