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SUBTITLE A-DEPARTMENT OF HEALTH

AND HUMAN SERVICES, GENERAL

ADMINISTRATION

EDITORIAL NOTE: Nomenclature changes affecting Subtitle A appear at 45 FR 53806, Au 13, 1980.

Part

Pag

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HHS's regulations....................

Conduct of persons and traffic on the National In-
stitutes of Health Federal enclave.

Service of process .......

Availability of information to the public pursuant
to Public Law 90-23

1

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[Reserved]

Privacy Act regulations.................

Inventions and patents (general)
Employee inventions................

Inventions resulting from research grants, fellow-
ship awards, and contracts for research ......................................
Use of HHS research facilities by academic scien-
tists, engineers, and students........
Committee management ..............
Disposal and utilization of surplus real property
for public health purposes ......

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13

Implementation of the Equal Access to Justice
Act in agency proceedings.......

5

15

Relocation assistance and real property acquisi-
tion policies.....

6

16

Procedures of the Departmental Grant Appeals
Board...............

8

17

19

Release of adverse information to news media....
Limitations on payment or reimbursement for
drugs.......

9

9

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U.S. Exchange Visitor Program-request for
waiver of the two-year foreign residence require-
ment............

11

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81

83

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PART 1-HHS'S REGULATIONS

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• Food and Drug regulations are located

at Parts 1-1299 of Title 21.

• Procurement (contract) regulations are

located at Chapter 3 of Title 41.

3.41

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Subpart C-Facilities and Grounds

Admission to grounds or facilities.
Nuisances and disturbances.

§ 1.2 Subject matter of Office of the Sec-
retary regulations in Parts 1-99.

This subject matter of the regula-

tions in Parts 1-99 of this title in-

cludes:

• Civil rights/nondiscrimination: Parts

80, 81, 83, 84, 86, 90

• Protection of human subjects: Part 46

• Day care requirements: Part 71

Information, privacy, advisory commit-

tees: Parts 5, 5a, 5b, 11, 17, 99

• Personnel: Parts 50, 57, 73, 73a

• Grants administration, property, hear-

ing rights: Parts 10, 12, 15, 16, 74, 75, 95
• Claims: Parts 30, 35

• Inventions and patents: Parts 6, 7, 8
• Miscellaneous: Parts 3, 4, 9, 19, 67

(5 U.S.C. 301)

[44 FR 61598, Oct. 26, 1979]

AUTHORITY: Secs. 1-5, 62 Stat. 281, as
amended, 75 Stat. 574 (40 U.S.C. 318-318d);
sec. 205, 63 Stat. 389, as amended, 64 Stat.
591, 76 Stat. 414 (40 U.S.C. 486); Delegation

of Authority, 33 FR 604.

SOURCE: 45 FR 41820, June 20, 1980, unless
otherwise noted.

"Director" means the Director, Na-

tional Institutes of Health, or other

officer in charge of an enclave covered
by this part.

"Enclave" means the area, contain-
ing about 318 acres, acquired by the
United States in several parcels in the
years 1935 through 1983, and any

future acquisitions, comprising the National Institutes of Health (NIH) 10cated in Montgomery County, Maryland and over which the United States acquires exclusive criminal jurisdiction under the Act of March 31, 1953, Chapter 158, Laws of Maryland 1953 (Md. Code Ann., art. 96, section 34 (1979)) or other laws of the State of Maryland.

"Law enforcement officer" means a uniformed guard or uniformed or nonuniformed Special Police Officer appointed under a delegation of authority under 40 U.S. Code 318 or 318d; any other Federal law enforcement officer; and any other person whose law enforcement services are secured by contract or upon request from a State or local law enforcement agency.

[48 FR 1312, Jan. 12, 1983, as amended at 49 FR 39160, Oct. 4, 1984]

§ 3.2 Applicability.

(a) The regulations in this part apply to all areas in the enclave and to all persons on or within the enclave, except as otherwise provided. The regulations prescribe penal sanctions in § 3.61, and are in addition to: (1) Any administrative rules prescribed by the Director under Title 5 U.S. Code 301; (2) the General Services Administration Regulations in 41 CFR Part 10120.3 relating to conduct on Federal property; and (3) § 73.735-305 of this title applicable to employees, to the extent that those rules and regulations are consistent with the provisions of this part (in the event of a conflict this part shall control). They supplement those penal provisions of Title 18 U.S. Code relating to crimes and criminal procedure, which apply without regard to the place of the offense and those penal provisons which apply in areas under the special maritime and territorial jurisdiction of the U.S., as defined in 18 U.S. Code 7. However, they supersede those provisions of State law which are made Federal criminal offenses by virtue of the Assimilative Crimes Act (18 U.S. Code 13) to the extent that they are in conflict with the regulations in this part. State and local criminal laws are applicable as such only to the extent that authority in that regard has been reserved to the State by the State con

sent or cession statute or vested in the State by Federal statute.

(b) The provisions of this part do not apply to occupants, their visitors and other authorized persons in areas used as living quarters (1) when specifically made inapplicable, and (2) in the case of the following provisions: § 3.24 Parking permits; § 3.26 Servicing of vehicles; and § 3.43(c) Hobbies and sports.

[45 FR 41820, June 20, 1980, as amended at 49 FR 39160, Oct. 4, 1984]

§ 3.3 Compliance.

A person must comply with the regulations in this part; with all official signs; and with the lawful directions or orders of a law enforcement officer or other authorized person, including traffic and parking directions.

§ 3.4 False reports and reports of injury or damage.

A person may not knowingly give any false or fictitious report concerning an accident or violation of the regulations in this part to any person properly investigating such an accident or alleged violation. All incidents resulting in injury to persons or damage to property in excess of $50.00 in value must be reported by the persons involved as soon as possible to the law enforcement office.

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§ 3.6 Lost and found articles.

Lost articles which are found on the enclave, including money and other personal property, together with any identifying information, must be deposited at the law enforcement office or with an office which may likely have some knowledge of ownership. If the article is deposited with an office other than the law enforcement office and the owner does not claim it within 30 days, it shall be deposited at the law enforcement office for further disposition as provided by law. (See 41 CFR Part 101-48).

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(3) Within an intersection or crosswalk;

(4) Within 10 feet of a fire hydrant, 5 feet of a driveway or 30 feet of a stop sign or traffic control signal;

(5) In a double-parked position; (6) At a curb painted yellow;

(7) On the side of a street facing oncoming traffic;

(8) In a position that would obstruct traffic;

(9) For a period in excess of 24 hours, except at living quarters or with specific permission of the law enforcement office.

(b) A person must park bicycles, motorbikes, and similar vehicles only in designated areas, and may not bring these vehicles inside buildings.

(c) Visitors must park in areas identified for that purpose by posted signs or similar instructions, such as "visitor parking" and "reserved for visitors."

(d) A person may not drive or park an unauthorized motor vehicle on a grassy area without the approval of the law enforcement office.

[45 FR 41820, June 20, 1980; 46 FR 30343, June 8, 1981]

§ 3.24 Parking permits.

Except for visitors parking in visitor parking areas, a person may not park a motor vehicle without displaying a parking permit valid for that location. The Director may revoke any parking permit for violation of this section, or any provision of this part.

§ 3.25 Pedestrian traffic.

A driver must yield the right-of-way to a pedestrian crossing a street in a marked crosswalk or intersection.

§ 3.26 Servicing of vehicles.

A person may not wash, polish, change oil, lubricate, or make nonemergency repairs on a privatelyowned vehicle.

§ 3.27 Signs.

A driver of a vehicle must comply with posted traffic and parking signs. § 3.28 Speed limit.

The speed limit is 20 miles per hour, unless otherwise posted. A driver of a vehicle may not exceed the speed limit.

§3.29 Unattended vehicles.

A person may not leave a motor vehicle unattended with the engine running, the ignition unlocked or locked with the key in a readily accessible place in the vehicle, or the brakes ineffectively set.

§ 3.30 Bicycles.

A person may not operate a bicycle, motorbike, or similar vehicle without a horn or other warning device, and, if the vehicle is operated between dusk and dawn, it must be equipped with an operating headlight, and taillight or reflector.

33-154 0-84--2

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