Page images

at the Office of State Technical Services cluded from participation in, be denied in Washington, D.C., unless the Director the benefits of, or be otherwise subjected determines, based on good and sufficient to discrimination under such program. reason tendered by the agency or insti- Accordingly, each designated agency, on tution, that another place be selected. behalf of the State or states it repreThe hearing shall be conducted in ac- sents, and each participating institution, cordance with such rules as may facili- qualified institution, or person, shall, tate a full and complete explanation of as a condition to the extension to it the conditions leading to the convening of Federal financial assistance under of the hearing. Witnesses shall be given the Act, execute an assurance of coman opportunity to testify and evidence, pliance with the aforesaid regulations of exhibits and documents may be intro- the Department of Commerce issued duced and submitted for the record. A pursuant to Title VI of the Civil Rights transcript of the hearing will be taken, Act of 1964. A copy of such assurance the cost of which will be borne by the of compliance to be executed by each Office of State Technical Services. А recipient prior to the receipt of Federal copy of such transcript will be available financial assistance under the Act apto the agency or institution on request. pears in full as appendix B to this part.

(d) Revocation. Following his review (b) Each grant (or amendment thereof the hearing provided in paragraph (c) to) issued or amended under the Act of this section, or if the agency or institu- shall contain a clause stating as follows: tion declines the offer of hearing or if it "By accepting this grant, the grantee accepts but fails to appear or participate affirms that the 'Assurances of Compliat such hearing, the Director shall make ance with the Department of Commerce a finding on whether the conditions lead- Regulations under Title VI of the Civil ing to the written notice or hearing have Rights Act of 1964,' previously executed, been corrected or eliminated. If the Di- is fully applicable to this grant and to rector finds that such conditions have any program assisted thereby.” not been corrected or eliminated, he shall notify such agency or institution of his

$ 700,15 Existing or planned technical

services program. finding and the basis for his conclusion. The notification of such decision shall

Federal financial assistance under the also advise that no further payments will

Act or the regulations in this part may be made under the provisions of the Act

be granted to any designated agency or or under the regulations in this part

participating institution in support of a until there is, in the judgment of the

technical services program presently Director, substantial compliance with the

funded by State or other non-Federal provisions of the Act and the regulations sources and operating therein when such in this part or that the diversion, mis- program is modified or expanded in light application, improper use, or expendi- of the objectives of the Act. ture of funds has been corrected. If modification or expansion of an existing compliance or correction is not possible, program, the designated agency shall deno further payments under the provisions

fine the portion of the old program which of the Act or under the regulations in

contained technical services as defined this part shall be made until such agency

in the Act and identify the nature of or institution repays or arranges the

the modification or expansion of technirepayment of the funds diverted or im- cal services, as well as the portion for properly expended.

which Federal assistance is sought. § 700.14 Application of Title VI of

As set forth in $ 700.2(g), funds exCivil Rights Act of 1964.

pended by a State on existing programs

may be considered as part of a State's (a) The program of extending Federal financial assistance under the Act will

non-Federal matching funds. While be conducted in compliance with Title

existing programs are eligible for FedVI of the Civil Rights Act of 1964 (42

eral assistance under the Act, it shall U.S.C. 2000–2000d-4) and the require

be the policy, in approving such proments imposed by or pursuant to the grams and in determining the amount of regulations of the Department of Com- any Federal support, to provide an inmerce issued thereunder (Part 8 of this centive for their expansion or modificatitle), to the end that no person in the tion for the widest benefit practicable United States shall on the grounds of throughout the country, considering the race, color, or national origin be ex- following:

In any

[ocr errors]

nate annu ices

repo tors $70

take 10 witE advi


TE desi tion age oft

1. scie deri


S Net

(a) The extent to which the effective- $ 700.18 Formula for maximum ness of the State or interstate technical amounts States are eligible to receive. services program is increased within the

Maximum amount which may be paid State or region;

under section 10(b) of the Act shall be (b) The extent to which private or

fixed by the Director in accordance with State participation in the technical

the following method: The least popuservices program is increased;

lous State, based upon the 1960 Census, (C) The nature of the benefits within shall not receive more than $37,500, and the State or region of any modification

the most populous State shall not receive or redirection of existing technical sery- more than $500,000. The maximum ices program in relation to the amount of

amount which each and every other State the Federal assistance requested; and is eligible to receive shall be an amount

(d) The extent of any national bene- which bears the same relationship to fits resulting from any modification or amounts which the least and most popuexpansion of the existing technical serv- lous States are eligible to receive as the ices program in relation to the total na- population of the State bears to the poputional program for accomplishing the lation of the least and most populous purposes of the Act.

States. Within these maximum amounts, $ 700.16 Duplication.

the available appropriations shall be ap

portioned among the States as equitably In addition to the certification required

as possible, considering the merit of the under section 5(e) of the Act, that the

plans and programs submitted. technical services program submitted to the Secretary for his review and approval

$ 700.19 Funding programs under the

Act. does not provide a service which is economically and readily available in the (a) General. All funds provided by State from private sources, section 10 the Office of State Technical Services un(e) (2) of the Act prohibits the payment der the Act shall be maintained in a sepaof any funds to any designated agency, rate account or as required by the Direcparticipating institution or person to tor. Matching funds may be comcarry out any technical services activity mingled with the Federal funds so long or program if such activity or program as

accurate records are maintained is a duplication of any other program which show the separate balance of such readily available in the State from Fed- funds. eral or State agencies, including publicly

(b) Matching funds. While the funds supported institutions of higher learn- provided from State or non-Federal ing in the State. Accordingly, before sources must, except for planning grants any request is submitted to the Director made under section 10(e) (1) of the Act for Federal financial assistance under and $ 700.4, match the funds provided by the Act, the designated agency or quali- the Office of State Technical Services, fied institution shall first examine Fed

any State may eral and State programs in the State amounts from any non-Federal sources. which are readily available to be sure (c) Payments.

Grant payments to that the proposal will not duplicate each designated agency, participating other Federal and State programs and institution, qualified institution or person will provide supporting statement indi- shall be made in accordance with the cating compliance.

technical services program approved by $ 700.17 Repayment.

the Director and under accounting In the event any activity or program

policies established by the Office of State is terminated under the provisions of

Technical Services. section 16 of the Act and $ 700.13, any

$ 700.20 Reports. funds that have been paid to any designated agency or participating institution

(a) Each designated agency shall by the Office of State Technical Services

make an annual report as required under which have not been expended by such

section 14 of the Act containing such in

formation as the Director may request. agency or institution upon receipt of the notice of termination, shall be repaid to

(b) In his discretion, the Director may the Director within 30 days of such

request copies of any proposals which notice.

qualified institutions in a state or region
have submitted to the appropriate desig-




1 Pre

I ca Bu

provide additional

[merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small]

nated agency in the preparation of the merce issued thereunder (Title 15, Code of annual State or interstate technical sery

Federal Regulations, Subtitle A, Part 8), a

copy of which is attached, to the end that no ices program.

person in the United States shall on the (c) Such other special and periodic

ground of race, color, or national origin be reports as may be required by the Direc

excluded from participation in, be denied tor shall be submitted.

the benefits of, or be otherwise subjected to

discrimination under said program; and $ 700.21 Federal coordination and ad.

hereby gives assurance that it will immedivisory committees.

ately take any measures necessary to effectuThe Director may, prior to approving ate this agreement. any technical services plan or program,

In accord with and without limiting the take such steps as he deems appropriate

above, the Grantee agrees:

1. That the aforesaid discrimination in the to coordinate such plan or program

conduct of the program includes and prowith other Federal agencies or seek the

hibits such discrimination in: advice of such committees as the Secre

a. Inviting qualified institutions to submit tary may establish for the purpose of re- proposals for providing technical services or viewing the plans and programs.

in their selection as participating institu


b. Appointing members to the advisory COMMISSIONER OF EDUCATION

council for technical services specified in secThe following organizations have been tion 9 of the Act; designated by the Commissioner of Educa- c. Preparing the 5-year plans and technical tion

as nationally recognized accrediting service programs called for by section 4 of agencies and associations under section 2(c) the Act by such means or with such proviof the State Technical Services Act of 1965: sions as would cause any discriminatory act

I. For instruction in the basic or pure or course of conduct prohibited by $ 8.4 (a) science disciplines and their interdisciplinary and (b) of the Department's Title VI Reguladerivatives identified as science (as dis- tions; tinguished from technology):

d. Considering the merits of proposals for Middle States Association of Colleges and providing technical services under the Act; Secondary Schools.

e. Selecting means for providing technical New England Association of Colleges and services under the Act; Secondary Schools.

f. Administering and coordinating plans North Central Association of Colleges and and programs under the Act; Secondary Schools.

g. Selecting Institutions, agencies, and inNorthwest Association of Secondary and dividuals to administer, coordinate and preHigher Schools.

pare technical services plans and programs Southern Association of Colleges and Schools. under the Act; Western Association of Schools and Colleges. h. Preparing, making public, disseminat

II. For Engineering: Engineers' Council for ing, applying, and using reports, technical Professional Development.

services, and other information under the III. For Business Administration: Ameri- Act; can Association of Collegiate Schools of i. Selecting and using contractors and subBusiness,

contractors and other individuals and orgaThe accreditation status of any institu- nizations to assist in accomplishing the tion with respect to the above designations objectives of the plans and programs under may be found in "Accredited Higher Insti- the Act and otherwise to participate therein; tutions of 1964" or latest current edition 3. Publicizing, inviting participation in, available from the Government Printing providing facilities for, and otherwise adminOfice.

istering and operating industrial workshops, APPENDIX B-ASSURANCES

seminars, training programs, extension COMPLIANCE

courses, demonstrations, feld visits and WITH THE DEPARTMENT COMMERCE

other technical services; and REGULATIONS UNDER TITLE VI OF THE CIVIL

k. Otherwise planning, organizing, adminRIGHTS ACT OF 1964

istering, operating and fulfilling the objec(hereinafter called tives of the Act. (Name of Grantee)

2. That it will not engage in any discrimthe "Grantee") hereby agrees, assures and

ination described hereinabove in paragraph 1, undertakes that as a condition to the exten- or in any prohibited act or course of conduct sion to it of Federal financial assistance for with respect thereto as described in $ $ 8.4 and any program under the State Technical Serv- 8.5(b) (6) of the Department of Commerce ices Act of 1965 (hereinafter referred to as

Title VI Regulations. the Act) said program will be conducted in 3. That the Grantee further recognizes and compliance with Title VI of the Civil Rights agrees that its obligations to comply with Act of 1964 (42 U.S.C. 20000-2000d-4) and the Department's Title VI Regulations exthe requirements imposed by or pursuant to tend not only to its own activities but also, the Regulations of the Department of Com

in accord with $ $ 8.5(b) (4) of said Regu


[ocr errors]

Ра 80

lations, to assure that the public and private 7. That any failure to comply with these organizations, institutions and individuals, assurances of nondiscrimination shall con. such as participating institutions or contrac- stitute a breach of the grant or agreement tors, which play a part in developing the pursuant to which they were furnished; Grantee's plans and in the Grantee's pro- that in such case of breach further disgrams, will also comply with the Depart- bursements or payments under the grant or ment's Title VI Regulations and these

agreement may be refused or suspended or Assurances with respect to said plans and repayments required or any other enforceprograms. To that end, the Grantee agrees ment or remedial actions or remedies prothat it will obtain as part of its contractual vided in the regulations under the Act or or other arrangements with such parties, or the Department's Title VI Regulations or will arrange with others with whom it has

otherwise by law may be taken; and that the direct dealings to obtain in turn from such

enforcement of one or more rights shall not parties, written Assurances of Compliance be prejudicial to the Government's right to with the Department's Title VI Regulations obtain judicial relief and/or take any other in the same form and substance as these

action available under the Act, regulations, Assurances, which shall be applicable in con- grant, agreements, or otherwise by law. nection with their contracts, agreements, 8. That these assurances shall be in effect operations, receipt of benefits and other par- for the period provided in § 8.5(b) (10) of the ticipation under or relating to State Techni

Department's Title VI Regulations. cal Services plans and programs receiving

9. That these assurances of the Grantee, Federal financial assistance.

and any supplementary assurances given by 4. That it will obtain and provide the in

related subgrantees, contractors and other formation required by or pursuant to said

participants in the plans and programs Title VI Regulations to ascertain and obtain

under the Act, shall be binding not only compliance with said Regulations and these

upon them but also upon their officers, diAssurances.

rectors, employees and agents, assignees, 5. That it will secure the compliance, and

transferees, lessees, and successors in assist and cooperate actively with the De

interest. partment of Commerce in obtaining and enforcing the compliance, of said contract

The Grantee acknowledges that it has reing and other participating parties with the

ceived and read the provisions of the Denondiscrimination required by the Depart- partment's Title VI Regulations. ment's Title VI Regulations and their re- Dated spective agreements and arrangements, and in the event the Grantee becomes involved

(Grantee) in litigation with a noncomplying party, it

By may request the Department of Commerce

Title to enter into such litigation to protect the interests of the United States in the enforcement of these obligations. 6. That when the Grantee or other par

(Grantee's mailing address) ticipant under the plans or programs is an institution referred to in

Title § 8.5(b) (9) of the Department's Title VI Regulations,

I hereby certify that the person whose the provisions of that section shall be signature appears above is authorized to sign applicable,

these assurances on behalf of

[merged small][merged small][ocr errors][merged small][ocr errors][merged small]

0 ti 0 C ti a 1 } ។ t 1



Part 802

Annual reporting of revenues for carrying imports to, and expenditures in,

the United States of shipping and air transport operators of foreign

nationality. Reports on foreign investment and on international receipts and payments

of royalties and fees.


PART 802-ANNUAL REPORTING OF under this part, accept consolidated reREVENUES FOR CARRYING IM

ports from foreign governments covering PORTS TO, AND EXPENDITURES IN,

the operations of their national shipping

concerns when, in its discretion, such THE UNITED STATES OF SHIPPING

consolidated reports would provide the AND AIR TRANSPORT OPERATORS information required by this part. OF FOREIGN NATIONALITY

Where such reports are accepted, the in

dividual reports from operators or their Sec. 802.1 who must report.

agents will not be required. 802.2 Forms to be used.

(b) The foreign operator, for pur802.8 Information to be furnished.

poses of this part, means the owner, 802.4 Time and place of filing reports.

managing or operating owner, chartered AUTHORITY: The provisions of this Part 802 owner, or subchartered owner who enissued under R.S. 161; 5 U.S.C. 22, Interpret ters into and carries out any form of or apply sec, 8, 59 Stat. 515; 22 U.S.C. 2868, transportation contract with the shipE.O. 10033, 14 F.R. 561, 3 CFR, 1949 Supp. pers of merchandise or with passengers,

SOURCE: The provisions of this Part 802 (c) If foreign-owned vessels or airappear at 17 F.R. 4922, May 30, 1952, unless

craft are chartered to other foreign otherwise noted. Redesignated at 18 F.R.

operators, the owner should report his 8111, Dec. 10, 1953.

expenses in the United States, if any, and $ 802.) Who must report.

the operator should report the freight or (a) (1) A report is required from or on charter revenue earned from the shipbehalf of every foreign individual or pers of merchandise and his expenses in organization incorporated, licensed or the United States. otherwise granted permission in coun- (d) If foreign-owned vessels or airtries other than the United States to

craft are chartered to a United States operate vessels or aircraft if engaged in

operator, the owner should report his excarrying goods or passengers to or from

penses in the United States, if any. the United States. Agents or operating

(e) Reports submitted by agents agents must respond where acting for

should include all disbursements acforeign operators, unless the operator has his own office in the United States to

counted for directly by them to the forwhich the agent is accountable or unless

eign company at its foreign ofice; if subthe operator elects to report directly agents report through a principal agent from his home office.

in the same or another location, the (2) The Department of Commerce principal agent should file a consolidated may in lieu of individual reports required report on behalf of the foreign company,

« PreviousContinue »