respect to compensation and allowances, travel and transportation expenses, and employee benefits which are consistent with his remaining an officer or employee of the Department. Such an agreement may provide that the compensation, travel and transportation expenses, and allowances (or any part thereof) of the officer or employee will be reimbursed by the State, including travel directed by a State.

(b) Department personnel on leave without pay. Each agreement for assignment to a State agency of an officer or employee of the Department on leave without pay from his position in the Department shall, in accordance with section 314(f) of the Act, contain provisions with respect to the following matters:

(1) Payment by the State of Compensation (including allowances) of the officer or employee during the period of assignment, which may include provisions for supplementary salary payments from the Department not in excess of the amount by which the Department rate of compensation (including allowances) exceeds the State rate of compensation (including allowances) and the agreement may also contain provisions for reimbursement by the State for such supplementary compensation;

(2) Payment by the Department of the expenses of travel of the officer or employee and transportation of his immediate family, household goods and personal effects to and from his initial place of assignment, which may include provisions for reimbursement by the State for such expenses;

(3) Payment by the State, under State law and implementing regulations and policies, of travel and transportation expenses incurred as a result of travel directed by the State;

(4) Entitlement to annual and sick leave to the extent authorized by Federal law if that officer or employee were not on leave without pay, but only in circumstances considered by the Secretary to justify approval of such leave;

(5) Coverage under Chapter 87 (life insurance), Chapter 89 (health insurance), and Chapter 83 (retirement) of Title 5 of the United States Code, including the collection and deposit into the

respective Federal funds of all necessary contributions and the election of either benefits available under those provisions or similar benefits available through employment in the State agency;

(6) Coverage under Chapter 81 (compensation for work injuries) of Title 5 of the United States Code, except that the officer or employee so assigned (or his dependents in case of death) may elect either benefits available under that provision or similar benefits available through employment in the State agency for injury or death (such election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law); and

(7) Crediting of the period of assignment toward eligibility for Periodic Step Increases under the provision of Chapter 53, Subchapter III of Title 5 of the United States Code and for retention and leave accural purposes under the provisions of Chapter 63, Subchapter I of Title 5, United States Code;

(8) The receipt of credit by a Commissioned Officer for his services while so detailed for pay, promotion, retirement, Social Security, and other purposes as an officer of the Uniformed Services of the United States;

(9) Entitlement of Commissioned Officers and/or their dependents and beneficiaries to medical care, commissary and post exchange privileges and other benefits as members of the Uniformed Services of the United States;

(10) The Federal program which will pay (with or without reimbursement by the State) monetary benefits to which the survivors of an officer or employee are entitled upon death (e.g., in the case of a Commissioned Officer, 6 months pay death gratuity, travel of dependents to a home of selection, shipment of household goods, transportation of remains to place of burial, transportation for escort to accompany remains, burial allowance, etc.).

(c) State personnel without appointment to Department. Each agreement for the assignment to the Department of an officer or employee of the State

agency without appointment shall contain provisions with respect to compensation and allowances, travel and transportation expenses, and employee benefits which are consistent with his remaining an officer or employee of the State agency, except that, in accordance with section 314(f) of the Act, provisions shall be contained in the agreement with respect to the following matters:

(1) Payment by the Department of expenses of travel of the officer or employee (but not expenses of transportation of his immediate family, household goods, and personal effects) to and from the place of assignment or during the period of assignment;

(2) Coverage under the compensation for work injuries provision of Chapter 81 of Title 5, United States Code, except that the officer or employee so assigned (or his dependents in case of death) may elect either the benefits under that provision or benefits available through employment in the State agency for injury or death (such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law).

(d) State personnel with appointment to Department. Each agreement for appointment to the Department of an officer or employee of the State agency for the period of assignment shall, in accordance with section 314(f) of the Act, contain provisions with respect to the following matters:

(1) Payment by the Department of compensation in accordance with position classification provisions of Chapter 51 of Title 5, United States Code, and allowances as authorized by Federal law;

(2) Payment by the Department of expenses of travel of the officer or employee (but not expenses of transportation of his immediate family, household goods, and personal effects) to and from the place of assignment and during the period of assignment;

(3) Coverage under the compensation for work injuries provision of Chapter 81 of Title 5, United States Code, except that the officer or employee so appointed (or his dependents in case of death) may

elect either the benefits under that provision or benefits available through employment in the State agency for injury or death (such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law);

(4) Exclusion of the officer or employee from coverage under the retirement provision of Chapter 83 of Title 5, United States Code, and the life insurance provision of Chapter 87 of Title 5, United States Code;

(5) Coverage under the health insurance provision of Chapter 87 of Title 5, United States Code, but only if appointment to the Department results in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a contribution of the State agency.

(e) General provisions. (1) Notwithstanding any other provision in this section, sections 203, 205, 207, 208 and 209 of Title 18 of the United States Code, relating to conflicts of interest, shall apply to all officers or employees on assignment pursuant to section 314(f) of the Act;

(2) Each agreement for the assignment of an officer or employee shall provide that the policics of both the Department and the State agency governing the standards of conduct of their personnel shall apply to the officer or employee assigned under the agreement; and, if any such policies conflict, the agreement shall include mutually acceptable provisions indicating which policies in the areas of conflict will prevail;

(3) Each such agreement for the assignment of an officer or employee shall provide that the rules and policies of the Department or State agency receiving the officer or employee on assignment with respect to the internal operation and management of the receiving agency (for example, hours of duty, building rules, and operating procedures) shall govern the employment and conduct of such employee or officer except as otherwise provided in the agreement through mutual consent;

(4) Each agreement for the assignment of an officer or employee may con

tain any other provisions not in violation of the Act or the regulations in this part which the Department or State agency finds necessary to carry out the assignment provided for therein and which are mutually acceptable.

§ 55.8

Modification of agreement.

Each agreement for an assignment of personnel between the Department and a State agency may be shortened, extended, or otherwise modified upon the mutual agreement of both parties. Such modifications shall be in accordance with section 314(f) of the Act and the regulations in this part. $ 55.9

Termination of agreement.

Each agreement for an assignment of personnel between the Department and a State agency may be terminated by mutual consent or upon 60 days' notice in writing by either party of its intention to terminate the agreement.

§ 55.10

Reports and evaluation.

The parties to each agreement shall adopt such procedures and make such reports as the Secretary may find necessary for the evaluation of the progress of assignments under the agreement in light of the purpose stated in section 314(f) (2) of the Act and § 55.2. Such procedures and reports shall include, but not be limited to, (a) periodic consultations between the Department and the State agency, (b) exchange of reports, and (c) maintenance of records supporting such reports and mutual access thereto.

The rules and regulations in this part govern the provision of Federal financial assistance by the Secretary of Health, Education, and Welfare for the construction of noncommercial educational television broadcast facilities to be used for educational purposes pursuant to the provisions of Part IV of Title III of the Communications Act of 1934, as amended.

§ 60.2 Other pertinent rules and regulations.

Other rules and regulations pertinent to applications for the operation of noncommercial educational television broadcast stations are contained in the rules and regulations of the Federal Communications Commission (47 CFR Part 1 (Practice and Procedure)); Part 2 (Frequency Allocations and Radio Treaty Matters; General Rules and Regulations); Part 73, Subpart E (Television Broadcast Stations); Part 74 (Experimental, Auxiliary and Special Broadcast Services); and Part 17 (Construction, Marking and Lighting of Antenna Structures).

§ 60.3

Definitions.

Except as otherwise provided, the following terms shall have the following meanings when used in the rules and regulations in this part:

(a) "Secretary" means the Secretary of Health, Education, and Welfare.

(b) "Commission" means the Federal Communications Commission.

(c) "Commissioner" means the U.S. Commissioner of Education.

(d) "State" means each of the fifty States and the District of Columbia and the Commonwealth of Puerto Rico.

(e) "Applicant" means:

(1) An agency or officer responsible for the supervision of public elementary or secondary education or public higher education within a State, or within a political subdivision thereof;

(2) A State educational television agency;

(3) A college or university deriving its support in whole or in part from tax revenues; or

(4) A nonprofit foundation, corporation or association which is organized primarily to engage in or encourage educational television broadcasting station eligible to receive a license from the Commission for a noncommercial educational television broadcasting station pursuant to the rules and regulations of the Commission in effect on April 12, 1962.

(f) "State educational television agency" means:

(1) A board or commission established by State law for the purpose of promoting educational television within a State;

(2) A board or commission appointed by the Governor of a State for such purpose if such appointment is not inconsistent with State law; or

(3) A State officer or agency responsible for the supervision of public elementary or secondary education or public higher education within the State which has been designated by the Governor to assume responsibility for the promotion of educational television. In the case of the District of Columbia, the term "Governor" as used in this paragraph means the Board of Commissioners of the District of Columbia.

(g) "College" and “university" mean an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond the secondary level, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a twoyear program which is acceptable for full credit toward such a degree, and (4) is accredited by a nationally recognized accrediting agency or association.

(h) "Deriving its support in whole or in part from tax revenues," as applied to a college or university means that such college or university receives direct and continuing State or local appropriations for a current academic program of instruction for which credit is offered at the higher education level.

(i) "Reversed channel" means a television channel reserved by the Commission in its table of television assignments, as amended (47 CFR 73.606) for the exclusive use of a noncommercial educational television broadcast station.

(j) "Nonprofit," as applied to any foundation, corporation, or association, means a foundation, corporation, or association, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(k) "Educational purposes" as applied to educational television broadcasting means the transmission of educational, community service, and cultural programs.

(i) "Situated in any state," for the purpose of calculating the total amount of Federal grants which can be made for the construction of television broadcast facilities to be situated in any State, shall have the following meaning, unless the Secretary, in light of all the pertinent facts and circumstances of a particular case, specifically determines otherwise for the State or States receiving service (irrespective or physical location of any facilities):

(1) A noncommercial educational television broadcast station shall be deemed to be situated (irrespective of physical location) in the State in which the channel occupied or applied for is assigned by the Commission. Where the same channel is assigned in combination to two or more communities located in different States, the Secretary will make a specific determination in each case with respect to the States or States in which the station will be deemed to be situated.

(2) Facilities for interconnecting noncommercial educational television broadcast stations shall be deemed to be situated (irrespective of physical location) in the State in which the educational television broadcast station receiving programs by means of such facilities is deemed to be situated. In the event such facilities are used for two-way

transmission between broadcast stations in different States, the Secretary will make a specific determination in each case with respect to the State or States in which the facilities will be deemed to be situated.

(3) Translators, boosters, and repeaters, to the extent not used for interconnection of noncommercial educational television broadcast stations, will be deemed to be situated in the State in which they are physically located.

(m) "Broadcasting" means the dissemination of radio communications intended to be received by the public, directly or by the intermediary of relay stations.

(n) "Project" means the acquisition and installation of only those items of transmission apparatus related to one noncommercial educational television broadcast station (except that the apparatus may be related to two or more such stations where interconnection is involved) which the applicant proposes to acquire and install with Federal financial assistance pursuant to the provisions of this part.

(o) "Enterprise" means an applicant's entire educational television activities any part of which is to be aided by Federal financial assistance pursuant to the provisions of this part.

(p) "Construction," as applied to noncommercial educational television broadcast facilities, means the acquisition and installation of transmission apparatus necesary for television broadcasting.

(q) "Acquisition" means the assumption of ownership of transmission apparatus (including the receipt of gifts) and necessary delivery.

(r) "Installation" means operations necessary to assemble, affix and make ready for use transmission apparatus included in the project. Such term also includes such engineering services as are necessary and directly related to preparing the engineering data required for the particular project (including engineering data required to apply for authority to construct and operate the transmission apparatus included in the project) and to completing such project, but does not include engineering services related to preparing statewide or regional plans, to conducting surveys, or to proceedings before the Commission for the purpose of having a television channel or channels reserved for noncommercial educational use. Such term does

(4) Microwave equipment (studiotransmitter links, interconnecting microwave relays and mobile microwave units).

(5) Video-recording equipment.
(6) Studio equipment.

(7) Mobile equipment.

A "List of Transmission Apparatus" and of suggested minimum performance standards thereof will be maintained and published by the Commissioner of Education. Copies of the list may be obtained by writing to the Commissioner of Education, Department of Health, Education, and Welfare, Washington, D.C.

(u) "Closed circuit television" means a system for the distribution to receivers of television signals by means of conducted, guided, or directed radio, audio or video frequency energy without regard to how the signals are brought to the distribution center.

(v) "Interconnection" means the use of microwave equipment, boosters or translators for the transmission of educational television programs from one noncommercial educational television broadcast station to another such station.

(w) "Translator" means a device for the purpose of retransmitting the signals of a television broadcast station or another translator, by means of direct frequency conversion and amplification of the incoming signals without signifi