Imágenes de páginas
PDF
EPUB

will make a written submission to the Director of Information, requesting that special working arrangements be established

(1) In submitting scripts prior or subsequent to executing a written agreement under a special working relationship four (4) copies of the completed script shall be submitted to the Director of Information or his designee, along with a statement of specific requirements and the anticipated production schedule.

(2) No script will be used under a special working relationship without the specific approval of the Director of Information.

(3) Upon approval of the script, the agency of the Department concerned with subject matter will endeavor to arrange for the desired assistance with the stipulations of this policy. § 1.79 Credits.

On films on which the Department or one of its agencies provides special assistance it shall be mutually agreed by the producer and the Director of Information what credits shall be given to the Department, and the form these credits will take. Subpart F-Vending Stands To Be Operated by Licensed Blind Persons

AUTHORITY: The provisions of this Subpart F also issued under sec. 1, 49 Stat. 1559, as amended; 20 U.S.C. 107.

SOURCE: The provisions of this Subpart F appear at 22 F.R. 7169, Sept. 7, 1957, unless otherwise noted. § 1.91 Purpose.

This subpart prescribes policies and procedures governing the installation of vending stands and vending machines to be operated by licensed blind persons on premises under the control of the De. partment in accordance with the policy and purposes of the Randolph-Sheppard Vending Stand Act, as amended (20 U.S.C. 107-107f). $ 1.92 Department policy.

(a) Preference. Licensed blind persons shall be given preference in the operation of vending stands on any Department-controlled premises in whict. vending stands may be properly and satisfactorily operated by such persons without unduly inconveniencing the Department or adversely affecting the interests of the United States.

(b) Vending machines. Where a permit is to be or has been issued for operation of a vending stand by a licensed person, income from vending machines which are determined to be in competition and which would provide the same or similar items which are or could be vended at the stand shall also be granted to the vending stand operator. Vending machine permits shall not be granted in premises where vending opportunities exist for the purpose of avoiding issuance of a vending stand permit.

(c) Existing permits. Where a determination has been made that a permit for the operation of a vending stand or machines by licensed blind persons is to be issued, existing permits which are determined to be in substantial competition with the operation by the blind person shall be terminated as soon as possible under the terms of such permits.

(d) Surveys. Department Agencies shall cooperate with the Department of Health, Education, and Welfare and State licensing agencies in making surveys to determine whether and where vending stands may be properly and profitably operated by blind persons. § 1.93

Procedure. Where it is determined that a vending stand may be installed, the State licens. ing agency shall be so advised and the necessary permit agreed upon and issued to it. Permits shall be approved by the Head or designated representative of the Agency having custody of the building or holding the prime lease. $ 1.94 Special provisions.

(a) Articles to be sold. Items to be provided at vending stands or through vending machines may include, in addition to those specified in 20 U.S.C. 107107f, such items as mutually agreed upon between the State licensing agency and the Department Agency. Items held for sale shall be clean and wholesome and shall be stocked in sufficient quantity to meet the needs of the persons served.

(b) Location. Stands and/or machines shall be so located as to provide reasonable access by the public or employees and at the same time to not constrict or obstruct access and exit to the premises or interfere with the transaction of public business.

(c) Leased premises. If stands and/or vending machines are to be installed in leased premises, the necessary approval of the lessor shall be obtained prior to granting the permit.

[ocr errors]

(d) Charges for services. No charge shall be made to the permittee for the use of the Government-furnished space or utilities; provided however, the permittee shall assume the responsibility for all cost of installation, maintenance in good repair and tenantable condition, and removal or relocation of the stand and/or vending machines.

(e) Codes and ordinances. The permittee shall be responsible for the operation of the stand and/or machines in compliance with applicable local and

state health, sanitation and building E codes or ordinances. In the absence of

such codes or ordinances, reasonable standards, not inconsistent with regulations of the Department, shall be enforced by the granting agency.

(f) Approval of installation. Any installations involving structural alterations or connections to building services shall be approved by the Department Agency prior to being made.

(g) Termination provision. The permit shall provide for termination upon (1) mutual consent, (2) vacation of the premises by the Department, (3) failure to comply with provisions of the permit

(see paragraph (h) of this section), and E (4) upon written determination by the E Department official granting the permit

that the Department is unduly inconvenienced or the interests of the United States are adversely affected.

A copy of the written determination provided in (4) above shall be furnished to the State licensing agency. (See paragraph (i) of this section.)

(h) Enforcement procedure. If there are significant violations of the terms of this subpart or the permit, the matter shall be called to the attention of the State licensing agency. Upon failure of

the State licensing agency to take action, li

the matter shall be referred to the Director of Plant and Operations for de

termination by him, after consultation te with the Office of Vocational RehabilitaI tion, Department of Health, Education,

and Welfare, of whether the permit e should be terminated.

(i) Disputes. In the event the De15 partment Agency's designated represen

tative and the State licensing agency

failed to reach agreement concerning: d

(1) Granting of a permit,

(2) Revocation or modification of a permit,

(3) Suitability of stand location,

(4) Assignment of vending machine proceeds,

(5) Method of operation of the stand,

(6) Other terms of the permit (including articles to be sold), the State licensing agency may request the Director, Office of Plant and Operations, to determine such disagreement. As a part of his consideration, the Director shall obtain a full report from the Department Agency's designated representative from whose decision the appeal is being taken, as well as a statement from the State licensing agency of its position, and shall consult with the Vocational Rehabilitation Administration of the Department of Health, Education and Welfare. The decision of the Director shall be rendered within 90 days after receipt of the request by the State licensing agency for final determination of the dispute, and the decision shall be communicated to all interested parties including the State licensing agency and the Department of Health, Education, and Welfare.

(j) The Director, Obice of Plant and Operations, shall furnish to the Department of Health, Education, and Welfare at the end of each fiscal year a consolidated report of the total number of applications for vending stand locations received from State licensing agencies, the number accepted, the number denied and the number still pending. In order to prepare this report, each agency of the Department shall submit to the Director by August 1 the requisite data covering the preceding fiscal year. [22 F.R. 7169, Sept. 7, 1957, as amended at 28 F.R, 8117, Aug. 8, 1963)

Subpart G [Reserved) Subpart H-Delegation of Authority $ 1.201 General delegation of authority.

The head of each agency shall, under the general direction and supervision of the Secretary of Agriculture and the Under Secretary, and the Assistant Secretaries, the Administrative Assistant Secretary, the Director of Agricultural Economics, or the Director of Science and Education, to whom is assigned the general direction and supervision of his agency, direct and supervise the activities of the employees of his agency. Subject to any reservation of authority contained in delegations heretofore or hereaiter published in the Federal Register, the head of any agency is

hereby delegated authority to take any 27

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[blocks in formation]

action, including the authority to execute any document, authorize any expenditure, and promulgate any rule, regulation, order or instruction, required by law or deemed by him to be necessary and proper to the discharge of the functions assigned to his agency. The head of any such agency may, consistent with and with due regard to his personal responsibility for the proper discharge of the functions assigned to his agency, delegate and provide for the redelegation of his authority to appropriate officers and employees. (25 F.R. 3926, May 1960, as amended at 29 F.R. 339, Jan. 15, 1964)

[ocr errors]

& 2.2 Qualifications.

Each applicant selected for a fellow- t ship shall be:

(a) A bona fide citizen of any of the American republics other than the United States;

(b) In possession of a certificate of medical examination issued by a licensed physician within sixty days of the date of application, describing the applicant's physical condition, and stating that he is free from any communicable disease or disability that would interfere with the proper pursuit of studies or research or the performance of any activity incident tu the fellowship;

(c) Able to speak, read, write and understand the English language;

(d) Of good moral character and possessing intellectual ability and suitable personal qualities;

(e) In possession of acceptable evidence of studies indicating the completion of the equivalent of a four-year college course in agriculture, economics, engineering or related science at a recognized institution of learning, or minimum of two years of such education accompanied by at least four years of experience in the field of his option.

Award of fellowships. Fellowships will be awarded by the Secretary of Agriculture of the United States, upon the recommendation of the heads of the respective bureaus, and with the approval of the Secretary of State of the United States, or the duly authorized representative of the Secretary of State. No applicant will be considered in awarding fellowships unless his application shall have been transmitted by the government of the American republic of which the applicant is a citizen, through the diplomatic mission of the United States of America accredited to that republic. § 2.4 Allowances and expenses.

An applicant awarded a fellowship may be granted any or all of the following, upon recommendation of the head of the respective bureau:

(a) Monthly allowances. Monthly al. lowances for quarters and subsistence during the entire period spent in the United States, or its Territories or possessions, in pursuance of a fellowship, beginning on the date of arrival at his initial headquarters and ending on the

PART 2-AWARD OF FELLOWSHIPS

TO APPLICANTS FROM OTHER

AMERICAN REPUBLICS Sec. 2.1 Type of fellowship. 2.2 Qualifications. 2.3 Award of fellowships. 2.4 Allowances and expenses. 2.5 Duration of fellowships. 2.6 Official notification. 2.7 Definitions.

AUTHORITY: The provisions of this part 2 issued under R.S. 161, as amended; 5 U.S.C. 301. Interpret or apply secs. 1, 2, 53 Stat. 1290; 22 U.S.C. 501, 502.

SOURCE: The provisions of this Part 2 appear at 9 F.R. 5031, May 13, 1944, unless otherwise noted. & 2.1 Type of fellowship.

Fellowships shall be of the interntraining type, consisting of instruction by the respective bureaus of the Department of Agriculture as follows:

(a) Agricultural Research Service (Option I): (1) Agricultural economics, (2) agricultural program formulation and administration, (3) agricultural statistics, (4) rural sociology, and (5) technological research in agriculture or more specialized application in dairy industry, animal husbandry, entomology or plant industry and soils.

(b) Agricultural Extension Service (Option II): Methods and techniques for adult education in agriculture, homemaking and rural life, and 4-H Club work.

(c) Soil Conservation Service (Option III): Agronomy, forestry, biology, range nagementclimatology, sedimenta

hydrology, agricultural and civil Teering.

$ 2.3

date of departure for his home, as folLows: (1) Not exceeding $180 per month while under assignment to headquarters in a Department or agency of the Federal or a local government in a city of more than 100,000 population; or not exceeding $150 per month while under such assignment in a city of less than 100,000 population; and (2) not exceeding $135 per month while under assignment to receive training at colleges or universities and residing in quarters usually occupied by students in attendance thereat or in similar quarters, irrespective of the population of the city wherein the institution is located.

(b) Transportation expenses. Transportation expenses from the home of the applicant (or place in which appointment is accepted) to the place or places in the United States, its Territories, or possessions, where the studies and research are to be pursued, and return to the home of the applicant (or point of departure), including travel via Washington, D. C., en route to the place of study or research and from the place of study or research to Washington, D. C., and return to that place, if neces· sary, for consultation with reference to the fellowship, and between places of study and research in the United States, its Territories or possessions, in accord"ance with the Standardized Government Travel Regulations and the act of June 3, 1926, as amended, in which connecvion claim for reimbursement may be nade only for items in the following - chedule and contingent upon prior auhorization:

(1) Rail fare: First-class fare. If travel is performed on an extra-fare rain, expenses in excess of the first-class are must be borne by the traveler. No eceipts are necessary. (Government ransportation requests are to be used, f practicable, within the United States.)

(2) Pullman fare: 'Lower berth or jarlor car seat. No receipts are necesary if Government transportation refuests are used. If purchased with cash he Pullman stub must be attached to "he reimbursement voucher.

(3) Steamer fare: 'Not exceeding the owest minimum first-class fare of the Chip on which travel is performed.

* In all cases, round trip tickets must be urchased if possible. In the event that the oturn portion of the ticket cannot be used, it hould be returned to the respective bureau lor collection of the refund.

American vessels must be used if available (section 901 of the Merchant Marine Act of 1936, 49 Stat. 2015. This requirement has been suspended with respect to appropriations for the fiscal year 1944 by section 302 of Public Law 216—78th Congress, approved December 23, 1943). No receipts are necessary.

(4) Airplane fare: 'Transportation by air will be allowed regardless of the cost when authorized by the head of the respective bureau. When air travel has not been specifically authorized, the traveler may proceed by air with the understanding that he may claim reimbursement therefor only in an amount not exceeding what it would have cost had the travel been performed by public conveyance over land or water. No receipts are necessary.

(5) Taxicab: At the beginning and termination of the journey and at all points where a change of conveyance is necessary while in a direct travel status. No receipts are necessary.

(6) Excess baggage charges: For personal effects (not household furniture) which are not carried free by the transportation company. Receipts are necessary and they should indicate that the traveler has availed himself of the free allowance, if such an allowance is granted.

(7) Drayage or transfer of baggage: For the hauling of personal effects from home to the station or dock, et cetera. Receipts are not necessary but should be submitted if possible. Charges by porters for handling the bags or baggage will not be allowed.

(8) Steamer rug and steamer chair: Receipts are necessary. Charges for steamer cushions will not be allowed.

(9) Tips and gratuitous fees: Will not. be reimbursed.

CROSS REFERENCE: For forms and procedures with respect to Government requests for transportation of passengers, see 4 CFR Part 51.

(c) Per diem. Per diem in lieu of subsistence while in travel status proceeding from, and to, his home at the following rates: $6 over land and by air in and outside of the United States, and $4 aboard vessels outside of the United States. No per diem will be allowed concurrently with monthly allowances, but per diem may be substituted therefor at the rate of $6 per day for any period of authorized travel.

[ocr errors]

$ 2.5 Duration of fellowships.

Fellowships will be awarded for periods not exceeding one year each from date of arrival in Washington, and may be extended for not exceeding the same periods in the manner prescribed under $ 2.3 and subject to the availability of appropriations. Fellowships may be cancelled for cause by the Secretary of Agriculture on the recommendation of the appropriate bureau head, and with the approval of the Secretary of State, or the duly authorized representative of the Secretary of State. § 2.6 Official notification.

Each applicant recommended for a fellowship by the head of a bureau and approved by the Secretary of Agriculture and the Secretary of State, or the duly authorized representative of the Secretary of State, shall be notified of his award through diplomatic channels. The notification shall name the option in which the award is granted, state the duration and type of fellowship, and the allowances authorized; and shall describe in general terms the program of studies: Provided, however, That the head of the bureau concerned may in his discretion subsequently amend the course of studies and duration of the fellowship within the broad outlines of the prescribed option in order to develop a program better suited to the needs and capabilities of the individual fellow. § 2.7

Definitions. As used in the regulations in this part, the term “bureau" includes the Agricultural Research Service, the Extension Service, and the Soil Conservation Seryice of the United States Department of Agriculture. The term "heads of the respective bureaus" includes the Administrator of the Agricultural Research Seryice, the Director of the Extension Service, and the Administrator of the Soil Conservation Service.

[ocr errors]

AUTHORITY: The provisions of this Part 3 issued under sec. 1, 58 Stat. 836; 12 U.S.C. 1150, unless otherwise noted.

SOURCE: The provisions of this part 3 appear at 10 F.R. 807, Jan. 23, 1945, unless otherwise noted. Redesignated at 13 F.R. 6903, Nov. 24, 1948. § 3.1 Purposes of the act and regula.

tions. The principal purposes of the act and of the regulations in this part are to provide means of: (a) Settling, by compromise, adjustment or cancellation, relatively small debts long past due and owing to the Government arising from loans or payments made under farm programs administered by the Department; (b) recovering by the Department of substantial sums which are found uncollectible when the indebtednesses are treated as full obligations, and which otherwise would probably never be collected; (c) clearing the accounts of bal. ances so small as not to warrant continued efforts of collection; and (d) the clearing of the accounts of the records of indebtedness made uncollectible by reason of the death or disappearance of the debtors.

The existence of the act will neither serve as grounds for any relaxation in the general collection policy of the Department nor should it serve as grounds for any lessening of the efforts of farmers to pay their indebtedness. § 3.2 Definitions.

(a) “Department” means Department of Agriculture.

(b) “Indebtedness" with respect to any person, means his debt to the Government under each of the acts and programs listed in § 3.10, except that the total amount owed by any person under all loan, purchase, sale and other programs of the Commodity Credit Corporation with respect to a single commodity and without being limited to any crop year or marketing season shall be considered to be an “indebtedness".

(c) “Compromise" means final liquida. tion of the indebtedness through the im mediate payment of a portion thereof and acceptance by the United States of such payment in full satisfaction of the indebtedness.

(d) “Adjustment" means the scaling down of the amount of the indebtedness including interest, conditioned upon the payment of the adjusted amount at som specified future time or times; such ad.

PART 3-DEBT SETTLEMENT Sec. 3.1 Purposes of the act and regulations. 3.2 Definitions. 3.3 Settlement of indebtedness. 3.4 Investigations and findings. 3.5 Delegations of authority. 3.6 Forms and records. 3.8 Penalties. 3.9 Indebtedness referred to Secretary of

the Treasury or the Attorney Gen

eral. 3.10 Scope of the act.

« AnteriorContinuar »