course of study meeting the standards established by the Commissioner with respect to rehabilitation training;

(c) He shall be a citizen of the United States, or shall have been lawfully admitted for permanent residence to the United States;

(d) He shall have taken and subscribed to an oath or affirmation in the following form: "I do solemnly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies, foreign and domestic;" and

(e) He shall meet any other requirements set by the Commissioner as necessary to carry out the purposes of section 7 of the act.

(a) Training shall be carried out only at the educational institution or agency designated by the Commissioner in the traineeship award. A change of the training institution shall be made by the trainee only with the consent of the Commissioner.

(b) Individuals receiving traineeship awards shall not be required to perform any services for the Vocational Rehabilitation Administration.

(c) The Vocational Rehabilitation Administration assumes no responsibility for employing or placing an individual awarded a traineeship, and a trainee is free to seek employment of his own choice upon conclusion of training supported by the award.

(d) Any publication resulting from work accomplished under the traineeship award shall include an acknowledgment of the award, and copies of such publication shall be furnished to the Vocational Rehabilitation Administration. Where the work accomplished under a traineeship award results in a book or other copyrightable material, the author is free to copyright the work, but the Vocational Rehabilitation Administration reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrightable or copyrighted material resulting from the award-supported activity.

Research fellowships are available to any person who has demonstrated ability and special aptitude for advanced training or productive scholarship in the professional fields which contribute to the vocational rehabilitation of handicapped persons. Predoctoral, postdoctoral and special research awards are made. A candidate for a fellowship shall meet the qualifications established by the Commissioner for carrying out the purpose of research fellowships, including:

(a) The individual shall have filed an application in the form and manner prescribed by the Commissioner, and shall have supplied pertinent information with respect to his scholastic and other qualifications and personal fitness for the proposed work;

(b) He shall be a citizen of the United States or shall have been lawfully admitted for permanent residence to the United States;

(c) He shall not be receiving other Federal educational benefits during the period of the Vocational Rehabilitation Administration fellowship; and

(d) He shall have taken and subscribed to an oath or affirmation in the following form: "I do solemly swear (or affirm) that I bear true faith and allegiance to the United States of America and will support and defend the Constitution and laws of the United States against all its enemies, foreign and domestic."

(a) Research fellowship application forms may be obtained from the Chief, Division of Research Grants and Demonstrations, Vocational Rehabilitation Administration, Department of Health, Education, and Welfare, Washington, D.C., 20201. Applications may be submitted at any time.

(b) Selection of fellows is based on ability as evidenced by letters of recommendation, academic records, and other appropriate evidences of scholarly and research activity. Applications are submitted to the Research Fellowship Board of the Vocational Rehabilitation Administration for review and recommendation. Applications are presented to the Fellowship Board as soon as possible after they are received. However, in order to allow sufficient time for preliminary review, it is necessary that the application and all supporting documents be received at least three months prior to the desired notification date of action on the application.

(c) The Commissioner determines the action to be taken on the award and the applicant is informed accordingly in writing. § 403.42

Benefits.

Research fellowship awards may include:

(a) Stipends at rates fixed by the Commissioner;

(b) Actual tuition costs and related fees, payable directly to the educational institution or facility;

(c) Vacation or other leave in accordance with the custom of the institution at which the fellow is working, but not in excess of 1 month per year; and

(d) Transportation and related expenses, in accordance with the Standard Government Travel Regulations, for travel to the location of the fellowship and travel required to carry out the purposes of the fellowship, including attendence

at meetings. Such travel allowance shall not include expenses of transporting dependents, shipping charges for personal effects or household goods, or foreign travel.

§ 403.43 Denials or terminations in the best interests of the United States. Whenever with respect to an applicant for, or a recipient of, a research fellowship who otherwise meets the qualifications for such fellowship there

is substantial reason to believe that the fellowship should be denied or terminated on grounds that:

(a) The oath or affirmation as required by § 403.40 (d) was not taken in good faith; or

(b) The applicant or fellow has engaged in such criminal or other conduct as reflects seriously and adversely on his moral character, the Commissioner shall so notify such applicant or fellow and inform him that, unless a request for a review is made within 20 days of the mailing of such notice, his application or request for renewal will be denied or his fellowship terminated. Any such request for review shall be promptly submitted by the Commissioner to the Chairman of the Departmental Fellowship Review Panel for further proceedings in accordance with the regulations of the Secretary providing for such review. (Part 10 of this title.)

§ 403.44 Conditions.

(a) Location. Research under a rehabilitation research fellowship shall be carried out only at the educational institution or facility specified in the award. It is the responsibility of the applicant to make all necessary arrangements for the conduct of his proposed research fellowship work with the institution or agency where the work will be done.

(b) Publications. All publications resulting from work accomplished under a Vocational Rehabilitation Administration research fellowship shall carry appropriate acknowledgment of the award, and copies of such publications shall be furnished to the Vocational Rehatiítation Administration. Where the work accomplished under a research fellowship award results in a book or other copyrightable material, the author is free to copyright the work, but the Vocational Rehabilitation Administration reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all copyrightable or copyrighted material resulting from the awardsupported activity.

(c) Patents. Any invention arising out of the activities assisted by the award shall be promptly and fully reported to the Vocational Rehabilitation Administration. Ownership and the manner of disposition of all rights in and to such invention shall be determined by the Commissioner of Vocational Rehabilita

tion, in accordance with Department patent regulations and policy of the Department of Health, Education, and Welfare. The Vocational Rehabilitation Administration should be advised promptly prior to an award by the applicant of any commitment, obligation or condition which would or could be an obstacle to the applicant's fulfillment of this requirement.

(d) Confidential information. All information as to personal facts given or made available to a research fellow in the course of his activities under the research fellowship award, including lists of names and addresses and records of evaluation, shall be held to be confidential. The use of such information and records shall be limited to purposes directly connected with the research fellowship award and may not be disclosed either directly or indirectly unless the consent of the agency providing the information and the individual to whom the information applies has been obtained in writing. The final product of the research will not reveal any information that may serve to identify any person about whom information has been obtained without his written consent.

(e) Final report. The fellow is expected to send a copy of a final report to the Vocational Rehabilitation Administration within 30 days after termination of his award. A copy of the dissertation is required from predoctoral fellows. § 403.45

Duration.

A research fellowship may be awarded for varying periods, such as for a full 12 months, and may be subject to extension or renewal by the Commissioner; Provided, That no research fellowship, or a combination of research fellowships and traineeships, shall be awarded to any individual for any one course of study for a period longer than 4 years.

Subpart E-Intramural Research and Information

§ 403.50 Intramural research.

Under section 7 of the act, the Commissioner is authorized, directly or by contract, to conduct research, studies, investigations, and demonstrations, and to make reports, with respect to abilities, aptitudes, and capacities of handicapped individuals, development of their potentialities, and their utilization in gainful and suitable employment.

§ 403.51 Information service.

Under section 7 of the act, the Commissioner is also authorized, directly or by contract, to plan, establish, and operate an information service, to make available to agencies, organizations, and other groups and persons concerned with vocational rehabilitation, information on rehabilitation resources useful for various kinds of disability and on research and the results thereof and on other matters which may be helpful in promoting the rehabilitation of handicapped individuals and their greater utilization in gainful and suitable employment. Activity under this authority may include the establishment and operation of a national information service in rehabilitation, using modern automated data equipment, to collect, store, analyze, retrieve, and disseminate information on the Federal-State program, research, training, prosthetics and orthotics, centers and workshops, and other related aspects of vocational rehabilitation, as a service to agencies and individuals.

§ 403.46 Payment.

404.3

Payment of fellowship awards shall be made according to methods and rates established by the Commissioner.

§ 403.47 Termination.

Rules and regulations; ownership by operators.

404.6

The Commissioner may terminate a research fellowship appointment before its expiration date at the request of the fellow or because of unsatisfactory performance, unfitness, or inability to carry out the purposes of the award.

Rules and regulations; issuance and conditions of licenses.

Unless otherwise indicated in this part, the terms below are defined as follows:

(a) "Act" means the Randolph-Sheppard Vending Stand Act (P.L. 732, 74th Cong., 49 Stat. 1559, as amended by section 4 of P.L. 565, 83d Cong., 68 Stat. 663; 20 U.S.C. 107, chapter 6A).

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

(c) "Commissioner" means the Commissioner of Vocational Rehabilitation in the Department of Health, Education, and Welfare.

(d) "Licensing agency" means the State agency designated by the Commissioner pursuant to the act and this part, to issue licenses to blind persons for the operation of vending stands on Federal and other property.

(e) "Commission for the Blind" means a State agency which provides services exclusively for the blind and other visually handicapped individuals.

(f) "Program" means all the activities of the licensing agency, pursuant to the act and this part, related to vending stands on Federal and other property.

(g) "Federal property" means any building, land, or other real property, owned, leased, or occupied by any department or agency of the United States or any instrumentality wholly owned by the United States, or by any department or agency of the District of Columbia or any Territory or possession of the United States.

(h) "Other property" means property which is not Federal property and on which vending stands are established or operated by the use of any funds derived in whole or in part, directly or indirectly,

from the operation of vending stands on any Federal property.

(i) "License" means a written instrument issued by the licensing agency to a blind person, pursuant to the act and this part, authorizing such person to operate a vending stand on Federal or other property.

(j) "Operator" means a blind person licensed to operate a vending stand on Federal or other property under the act.

(k) "Permit" means the official authorization given a licensing agency by a department or agency in control of the maintenance, operation, and protection of Federal property, or person in control of other property, whereby the licensing agency is authorized to establish a vending stand.

(1) "Vocational Rehabilitation Act" means that act, as amended (29 U.S.C. ch. 4).

(m) "Vocational rehabilitation services" means those services necessary to render a blind person fit to engage in remunerative employment.

(n) "State Vocational Rehabilitation Agency" means that agency in the State providing vocational rehabilitation services to the blind as the sole State agency under a State plan approved pursuant to the provisions of the Vocational Rehabilitation Act.

(o) "Vending stand" means:

(1) Such shelters, counters, shelving, display and wall cases, refrigerating apparatus, and other appropriate auxiliary equipment as are necessary for the vending of such articles as may be approved by the licensing agency and the Federal department or agency having control of the maintenance, operation, and protection of Federal property or person in the control of other property; and

(2) Manual or coin-operated vending machines or similar devices for vending such articles.

(p) "Blind person" means a person having not more than 10 per centum visual acuity in the better eye with correction. This means a person who has

(1) Not more than 20/200 central visual acuity in the better eye after correction; or

(2) An equally disabling loss of the visual field; i.e., a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees. Such blindness shall be certified by a duly licensed ophthalmologist.

(q) "State" means a State, Territory, or possession, or the District of Columbia.

§ 404.2

Application for designation as licensing agency; general.

(a) Applications for designation as licensing agency may be submitted by a State Commission for the Blind or, in any State where there is no such Commission, by some other public agency of that State. Effective August 3, 1958, in any State having an approved plan for vocational rehabilitation pursuant to the Vocational Rehabilitation Act, only the sole agency designated pursuant to section 5(a)(1) of such act with respect to vocational rehabilitation of the blind may be the State licensing agency.

(b) The application shall:

(1) Be submitted in writing to the Commissioner;

(2) Be approved by the chief executive of the State; and

(3) Be transmitted over over the signature of the executive officer of the State agency making application.

§ 404.3 Application for designation as licensing agency; contents.

The application shall indicate:

(a) The licensing agency's legal authority to perform the functions necessary for the administration of the program, including its authority to issue regulations to govern the program which would have the force and effect of law within the State, and that such regulations will be issued in accordance with the provisions of State law.

(b) The licensing agency's organization for carrying out the program, including, where the licensing agency and the State vocational rehabilitation agency are the same, the methods of coordinating the two programs.

(c) The broad policies and standards to be employed in the selection of suitable locations for vending stands.

(d) The policies to be followed in making suitable vending stand equipment and adequate initial stocks of merchandise available and the sources of funds to be used therefor.

(e) The sources of funds for the management of the program and the amounts of funds, if any, to be set aside from the proceeds of the operation of vending stands.

(f) The policies and standards governing the relationship of the licensing agency to the operators, including their

selection, duties, supervision, transfer, and financial participation.

(g) The methods to be followed in providing suitable training to blind persons selected for licensing under the program.

(h) The arrangements made or contemplated, if any, for the utilization of the services of any agency or organization; the agreements therefor and the services to be provided; the procedures for the supervision and control of the services provided by such agency or organization and the methods used in evaluating services received, the basis for remuneration, and the fiscal controls and accounting procedures.

(i) The arrangements made or contemplated, if any, for the vesting in accordance with the laws of the State, of the right, title to, and interest in vending stand equipment or stock (including vending machines) used in the program in a nominee of the licensing agency to hold such right, title to, and interest for program purposes.

(j) That the designated State licensing agency will:

(1) Cooperate with the Commissioner in carrying out the purpose of the act;

(2) Take effective action, including the termination of licenses, to carry out full responsibility for the management and operation of each vending stand in its program, in accordance with its established rules and regulations, this part, and the terms and conditions governing the permit;

(3) Submit promptly to the Commissioner a description of any changes in the legal authority of the licensing agency, its rules and regulations, and any other matters which form a part of the application;

(4) If it intends to set aside, or cause to be set aside, funds from the proceeds of the operation of vending stands, obtain a prior determination by the Commissioner that the funds to be set aside do not exceed a reasonable amount;

(5) Furnish each operator a copy of its rules and regulations and a description of the arrangements for providing services, and take adequate steps to assure that each operator understands the provisions of such documents and the provisions of the permit and any agreements under which he operates, as evidenced by his signed statements; and

(6) Make such reports in such form and containing such information as the Commissioner may from time to time re