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deemed necessary in the public interest, $ 9.3 Rules and restrictions. for leaving the ownership and disposi
(a) Prior to the use of this authority tion of all domestic rights for determina
each agency head must determine that it tion by the contracting institution in would be consistent with the programs accordance with such policies and of that agency for the agency to participrocedures.
pate in this program and that agency (23 F.R. 1215, Feb. 27, 1958, as amended at facilities should be made available for 31 F.R. 12842, Oct. 1, 1966)
the use of students and other authorized
individuals. Facilities may be made § 8.7 Cancer chemotherapy industrial
available provided the use of such facilresearch contracts.
ities will be of direct benefit to the educaNotwithstanding the provisions of tional objectives of students and other § 8.6, the Surgeon General in the nego authorized individuals with the prospect tiation of contracts with other than of fruitful interchange of ideas and innonprofit organizations for the cancer
formation between agency personnel and chemotherapy research program shall
students, and such use will not interfere be subject only to such limitations and
with agency programs. alternatives as the Assistant Secretary
(b) The official in charge of any De
partment research or study facility will (Health and Scientific Affairs) may ap
not permit such use of the facility until prove for such program.
he determines: (22 F.R. 9696, Dec. 4, 1957, as amended at (1) That appropriate space and facill31 F.R. 12842, Oct. 1, 1966)
ties are available.
(2) That the equipment is on hand PART 9-USE OF FACILITIES BY and supplies required to carry on the
STUDENTS AND OTHER QUALIFIED study can be made available.
(3) That the proposed studies or re
search will not interfere with regular Sec.
Department functions, nor require the 9.1 Purpose. 9.2 Policy.
subsequent acquisition of additional 9.3 Rules and restrictions.
(4) That the proposed studies or reAUTHORITY: The provisions of this Part 9
search will have general value in a field issued under 27 Stat. 395, as amended; 20 U.S.C. 91.
of concern to the Department.
(c) No Department funds will be used SOURCE: The provisions of this part 9 ap to pay for direct support of such studies pear at 23 F.R. 4074, June 11, 1958, unless
or research, other than replenishment of otherwise noted.
supplies and materials and administra8 9.1 Purpose.
tive and other costs related to the main
tenance and use of the space and To promote an increase in our Na
facilities. tion's scientific educational potential by
(d) No Department funds will be used making available the study and research
to pay the salary costs of the research facilities of the Department of Health,
or studies or the cost of direct superviEducation, and Welfare to qualified stu sion for such studies or research, but the dents and others.
Department shall reserve the right in all $ 9.2 Policy.
instances to control the character and
extent of studies and research where It is the policy of the Department to
safety is involved or the public interest permit its operating agencies to allow or Department programs are in any way duly qualified individuals, students, and affected. graduates of institutions of learning in (e) Operating agencies permitting the several States, Territories, as well as students and others the use of facilities the District of Columbia, to use the study
for the purpose stated in this part shall and research facilities of the Department
require each student or other individual subject to rules and restrictions set forth
to agree that the results of such research in this part and as may be implemented.
and study including any copyrightable
material or patentable inventions resultNothing in this part shall restrict the
ing from the use of or access to the study existing authority of any operating
and research facilities shall be dedicated agency such as section 301(b) of the
to the Public and shall become a part of Public Health Service Act.
the public domain, except as otherwise
authorized in accordance with Department policies and procedures.
(f) Proper safeguards for Government property will be instituted including arrangements for replacement of Government property damaged or lost by a student or other authorized individual.
(g) Each student and other authorized individual will be expected to use the facilities and equipment with customary care and otherwise conduct himself in such manner as to complete his studies within any time limits prescribed.
(h) Each student and other individual authorized to use Government facilities for study purposes may not be authorized to sign requisitions for supplies and equipment.
PART 10-DEPARTMENTAL FELLOW
SHIP REVIEW PANEL Sec. 10.1 Purpose. 10.2 Definitions. 10.3 Departmental Fellowship Review Panel;
Departmenal Fellowship Review
Board; in general. 10.4 Procedural safeguards. 10.5 Hearing before Board or a Hearing
Officer. 10.6 Preliminary decision; initial decision;
final decision. 10.7 Notice to the individual concerned and
opportunity to submit comment on preliminary decision and initial de
cision. AUTHORITY: The provisions of this part 10 issued under 5 U.S.C. 301.
SOURCE: The provisions of this part 10 appear at 28 F.R. 8408, Aug. 16, 1963, unless otherwise noted. § 10.1 Purpose.
This part establishes a Departmental Fellowship Review Panel, from which Departmental Fellowship Review Boards will be selected, for the purpose of providing hearings where an opportunity for such hearing is provided for in applicable procedures of a constituent agency, in cases where such constituent agency has found substantial reason for a belief that a fellowship (or traineeship) award should be denied or discontinued by the constituent agency making the award, on grounds involving, in accordance with applicable criteria, the moral character or loyalty of the applicant for, or holder of, the award. § 10.2 Definitions.
(a) “Departmental Fellowship Review Panel” (also referred to as "Panel")
means a panel of 12 members selected by the Secretary, for such terms as may be designated by him, which shall include at least four representatives of the legal discipline and at least four representatives of the field of higher education. At least eight members of the Panel shall be selected from sources outside the Department.
(b) "Panel Chairman” means one of the Panel members designated by the Secretary to serve as Chairman of the Panel for such time as shall be indicated in the designation.
(c) “Departmental Fellowship Review Board" (also referred to as “Board") means not less than three members of the Panel designated by the Panel Chairman for the consideration of one or more cases submitted by a constituent agency. At least two Board members shall be persons other than employees of the Department, and the Board shall include at least one representative of the legal discipline and one from the field of higher education. In no event shall anyone who participated in any previous consideration of a case be eligible to serve on a board in connection with its consideration of that case. The Panel Chairman may designate himself as one of the members of a Board or as the Chairman thereof.
(d) “Board Chairman" means a member of a Departmental Fellowship Review Board who has been designated as Chairman of such Board by the Panel Chairman.
(e) “Constituent agency" means the U.S. Commissioner of Education or the Commissioner of Vocational Rehabilitation.
(f) “Submission by a constituent agency” means a referral (of an individual's request for a hearing) by the U.S. Commissioner of Education pursuant to § 147.5 of this title or by the Commissioner of Vocational Rehabilitation pursuant to § 401.88a of this title, or similar provisions contained in manual or other issuances of a constituent agency.
(g) "Preliminary decision" means the recommended decision, including findings of fact and conclusions reached in the light of the applicable criteria, prepared by a Hearing Officer and submitted to the Board.
(h) "Initial decision" means the recommended decision of the Board, which shall include (1) findings of fact and conclusions reached in the light of the applicable criteria and, when applicable,
(2) the reasons for any changes or modi half) or, at the option of the individual fications made by the Board in a pre concerned, to submit his case in whole liminary decision.
or in part in writing (e.g., through in(i) The words "Department" and "De terrogatories, afidavits, exhibits, etc.); partmental” refer to the U.S. Depart (e) An opportunity to cross-examine ment of Health, Education, and Welfare. persons either orally or through written
(j) "Secretary" means the Secretary interrogatories, to the extent provided of Health, Education, and Welfare.
by Executive Order 10865 of February (k) “Applicable criteria” means those 20, 1960 (relating to safeguarding of set forth in § 147.4 of this title in the case
classified information within industry), of a submission by the Commissioner of except that functions vested by that OrEducation; or in $ 401.88a (a) and (b) of der in the head of a department shall this title in the case of a submission by be performed by the head of the apthe Commissioner of Vocational Re propriate operating agency; habilitation; or in manual or other issu (f) An option to the individual conances of a constituent agency pertaining
cerned to have the hearing open or closed to denial or discontinuance of fellow to the public; ship (or traineeship) awards on grounds (g) A determination of the place of involving moral character or loyalty.
the hearing which takes into considera
tion the convenience of the individual § 10.3 Departmental Fellowship Review
concerned and any witnesses who might Panel; Departmental Fellowship Review Board; in general.
be testifying at the hearing. Upon receipt of a submission from a
§ 10.5 Hearing before Board or a Hear
ing Officer. constituent agency, the Chairman of the Departmental Fellowship Review Panel The hearing may be conducted, as deshall refer the case to a Departmental termined by the Board Chairman, before Fellowship Review Board, constituted as
the full Board as the hearing body, or provided in $ 10.2(c), for the purpose of before a Hearing Officer. The Hearing recommending to the constituent agency,
Officer may be (a) one of the members on the basis of a preponderance of the of the Board or (b) a nonmember who evidence, after affording to the individual is qualified as a Hearing Officer under concerned an opportunity for a fair hear the Administrative Procedure Act. ing, whether the fellowship (or trainee
§ 10.6 Preliminary decision; initial deship) award should be denied or discon
cision; final decision. tinued by the constituent agency making the awards, on grounds involving, in ac
When the hearing is conducted by the cordance with applicable criteria, the
Board itself, it shall prepare an initial moral character or loyalty of the appli
decision for submission to the constitucant for, or holder of the award. The
ent agency. When the hearing is conBoard's recommendation shall be em
ducted before a Hearing Officer, the
Hearing Officer shall prepare a prelimbodied in an initial decision in accordance with $ 10.2(h).
inary decision for submission to the
Board. The preliminary decision shall § 10.4 Procedural safeguards.
be reviewed by the Board and shall beThe Board shall take appropriate steps
come the initial decision of the Board to afford the individual concerned an
unless, and to the extent that, it is opportunity for a fair hearing, which
changed or modified by the Board. The shall include provisions designed to as
initial decision of the Board shall be sure to such individual the following:
transmitted to the constituent agency, (a) Sufficient notice of the issues to
and shall become the final decision of be considered;
the constituent agency, unless, and to the (b) An opportunity to be represented
extent that, it is changed or modified by counsel;
by the constituent agency. (c) Disclosure of as much of all mat 8 10.7 Notice to the individual concerned ters of an evidentiary nature as may be and opportunity to submit comment permitted within the framework of ap on preliminary decision and initial plicable laws, regulations, and other re
decision. quirements (e.g., those pertaining to Copies of the preliminary decision, if FBI reports);
any, and of the initial decision shall be (d) An opportunity to appear in per mailed promptly by the Hearing Officer son (and to present witnesses in his be or the Board, as the case may be, to the
individual, or his counsel, with a notice affording him an opportunity to submit written comments thereon, within a specified reasonable time, to the Board in the case of a preliminary decision, and to the constituent agency in the case of an initial decision.
PART 12-DISPOSAL AND UTILIZA
TION OF SURPLUS REAL PROPERTY
PUBLIC HEALTH PURPOSES Sec. 12.1 Definitions. 12.2 Scope. 12.3 General policies. 12.4 Limitations. 12.5 Awards. 12.6 Notice of available property. 12.7 Applications for surplus real property. 12.8 Assignment of surplus real property. 12.9 General disposal terms and conditions. 12.10 Deferred use, disposal terms and con
ditions. 12.11 Special terms and conditions. 12.12 Utilization. 12.13 Form of conveyance. 12.14 Compliance inspections and reports.
AUTHORITY: The provisions of the Part 12 issued under sec. 203, 63 Stat. 385 as amended; 40 U.S.C. 484.
SOURCE: The provisions of this Part 12 appear at 31 F.R. 11886, Sept. 9, 1966, unless otherwise noted. $ 12.1 Definitions.
(a) “Act" means the Federal Property and Administrative Services Act of 1949, Public Law 152, 81st Congress (63 Stat. 377), as amended (40 U.S.C. 471 et seq.). Terms defined in the act and not defined in this section, shall have in this part the meaning given to them in the act.
(b) “Accredited” means approval by a recognized accreditation board or association on a regional, State, or national level, such as a State Board of Education or Health, State University, Middle States Association of Colleges and Secondary Schools, National Architectural Board, American College of Surgeons, etc. A college, university, or secondary school may be said to be accredited if the credits are accepted for transfer purposes by no less than three accredited colleges, universities, or secondary schools not connected or associated with it.
(c) “Administrator" means the Administrator of General Services.
(d) “Assigned property" means real and related personal property which, in the discretion of the Administrator or his designee, has been made available to the
Department for transfer for educational or for public health purposes, including research.
(e) “Department” means the Department of Health, Education, and Welfare.
(f) “Disposal Agency” means the executive agency of the Government which has authority to assign or to consider assignment of property to the Department for transfer for health and educational utilization.
(g) “Excess" when used with respect to real property means any real property under the control of any Department or agency in the executive branch of the Government which is not required for its needs and the discharge of its responsibilities as determined by the head thereof.
(h) "Holding Agency” means the executive agency of the Government which has control and accountability for the real property involved.
(1) “Nonprofit Institution" as used in this part means any institution, organization, or association, whether incorporated or unincorporated, no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual, and which has been held by the Internal Revenue Seryice to be tax-exempt under either the provisions of section 101(6) of the 1939 Internal Revenue Code, or section 501 (c)(3) of the 1954 Internal Revenue Code.
(1) "Off-site Property" means surplus buildings, underground utilities and all other removable improvements, including related personal property, to be transferred where located, by the Department for educational or for public health purposes, including research, for removal and use away from the site.
(k) "On-site" means surplus real property, including related personalty, to be transferred by the Department for educational or for public health purposes, including research, for use in place.
(1) "Public Benefit Allowance" means a discount on the purchase price of real property to be transferred for educational or public health purposes, including research, representing any benefit determined by the Secretary which has accrued or may accrue to the United States from use of surplus real property for educational or public health purposes, including research.
(m) "Related Personal Property" means any personal property, (1) which is located on and is (1) an integral or
necessary part of, or is (ii) essential to functional facility in the approved prothe operation of real property, or (2) gram must begin within 18 months after which is determined by the Administra the date of transfer. Construction shall tor to be otherwise related to the real be deemed to have been initiated when property.
the transferee executes a contract pro(n) "Secretary” means the Secretary viding a firm date in the reasonably near of Health, Education, and Welfare.
future for actual commencement of con(0) "State" means a State of the struction. The Department may, in its United States, the District of Columbia, discretion, grant extensions of the 18the Commonwealth of Puerto Rico, and month period where the transferee can the territories and possessions of the factually demonstrate that it has exerUnited States.
cised due diligence in attempting to (p) "Surplus" when used with respect initiate construction within the said to real property means any excess real period and that such construction will be property not required for the needs and initiated during the period of any such the discharge of the responsibilities of extension. all Federal agencies as determined by the (d) Land may be requested for assignAdministrator or his designee.
ment for transfer in accordance with $ 12.2 Scope.
$ 12.10, for public tax-supported educa
tional and public health purposes where, This part is applicable to surplus real
although there is no immediate need for property located within any state which
the property, population trends, location, is appropriate for assignment to, or present facilities and plans for additional which has been assigned to the Depart facilities justify immediate transfer to ment for disposal for educational or pub reasonably provide for future needs. lic health purposes, as provided in section (e) Transfers will be made only when 203(k) of the act.
the proposed program is not in conflict 8 12.3 General policies.
with State or local zoning restrictions,
building codes, or similar limitations. (a) It is the policy of the Department
(f) Only those activities devoted to to foster and assure maximum utilization
academic, vocational or professional inof surplus real property for educational
struction, or organized and operated to and public health purposes, including
promote and protect the public health, research.
are eligible. Examples of such eligible (b) Transfers may be made only to
activities are universities, colleges, junStates, their political subdivisions, and
ior colleges, junior or senior high schools, instrumentalities, tax-supported educa
elementary schools or school systems, votional or public health Institutions, and
cational or specialized schools, research nonprofit educational or public health
activities, public libraries, and similar institutions which have been held ex
activities primarily educational in charempt from taxation under section 101(6)
acter, general and specialty hospitals, of the Internal Revenue Code of 1939
mental institutions, clinics, health sani(now substantially reenacted in section
tation activities (including water and 501(c)(3) of the Internal Revenue Code
sewer departments), facilities providing of 1954).
public health services, and similar ac(c) Real property will be requested for tivities devoted primarily to the protecassignment only when the Department tion and promotion of public health. has determined that the property is suit The program of an institution eligible able and needed for public health or ed for a transfer must contemplate use of ucational purposes. The amounts of the property as an integral part of an both real and related personal property activity of the kind above described. The to be transferred shall not be excessive activity must obtain such licenses for to normal operating requirements. operations as may be required by State Such property, except for transfers con and local law. templated under $ 12.10 will not be re (g) Use of the property applied for quested for assignment unless it is needed must be for a fundamental educational at the time of application for educational or public health purpose. Examples of or for public health purposes, including such fundamental utilizations are classresearch, or unless it will be so needed rooms, vocational shops, libraries, laborwithin the immediate foreseeable future. atories, auditoriums, gymnasiums, cafeWhen construction is contemplated, the terias, dormitories, faculty housing, ininitiation of construction of the major firmaries, recreational facilities, hospi