fications would make the proposal acceptable, he may suggest such modifications. If the proposal is accepted by the Department, the Secretary and the State agency will enter into an agreement which meets the requirements of section 314(f) of the Act and the regulations in this part.

§ 55.5 Duration of assignment.

Each agreement between the Department and a State agency for an assignment of personnel shall indicate the period of assignment of each officer or employee covered by the agreement. Such a period of assignment shall not exceed 2 years but may be extended or renewed for new 2-year periods.

§ 55.6 Nature and type of assignment.

Each agreement between the Department and a State agency for assignment of personnel shall indicate the type and describe the nature of the assignment of each officer or employee covered under the arrangement. Specifically, the agreement shall (a) indicate whether the officer or employee of the Department will be on detail to a regular work assignment in the Department or on leave without pay from his position in the Department, or whether the officer or employee of the State agency will be given an appointment in the Department or assigned to the Department without appointment; (b) describe the duties and responsibilities of the officer or employee while on his assignment; and (c) include the position title of the person responsible for the supervision of the officer or employee while on the assignment.

§ 55.7 Personnel provisions.

(a) Department personnel on detail to State agency. Each agreement for assignment to a State agency of an officer or employee of the Department on detail to a regular work assignment in the Department 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 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 assign

ment 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 irrevo

cable 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 Ccmmissioned 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 em

ployment 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 policies 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 the receiving and management of

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 contain 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.

PART 57-VOLUNTEER SERVICES

§ 57.1

Applicability.

The regulations in this part apply to the acceptance of volunteer and uncompensated services for use in the operation of any health care facility of the Department or in the provision of health care. § 57.2 Definitions.

As used in the regulations in this part: "Secretary" means the Secretary of Health, Education, and Welfare.

"Department" means the Department of Health, Education, and Welfare.

"Volunteer services" are services performed by individuals (hereafter called volunteers) whose services have been offered to the Government and accepted under a formal agreement on a without compensation basis for use in the operation of a health care facility or in the provision of health care.

"Health care" means services to patients in Department facilities, beneficiaries of the Federal Government, or individuals or groups for whom health services are authorized under the programs of the Department.

"Health care facility" means a hospital, clinic, health center, or other facility established for the purpose of providing health care.

§ 57.3 Volunteer service programs.

Programs for the use of volunteer services may be established by the Secretary, or his designee, to broaden and strengthen the delivery of health services, contribute to the comfort and wellbeing of patients in Department hospitals or clinics, or expand the services required in the operation of a health

care facility. Volunteers may be used to supplement, but not to take the place of, personnel whose services are obtained through the usual employment procedures.

§ 57.4 Acceptance and use of volunteer

services.

The Secretary, or his designee, shall establish requirements for: Accepting volunteer services from individuals or groups of individuals, using volunteer services, giving appropriate recognition to volunteers, and maintaining records of volunteer services.

§ 57.5

Services and benefits available to volunteers.

(a) The following provisions of law may be applicable to volunteers whose services are offered and accepted under the regulations in this part:

(1) Subchapter I of chapter 81 of title 5 of the United States Code relating to medical services for work related injuries;

(2) Title 28 of the United States Code relating to tort claims;

(3) Section 7903 of title 5 of the United States Code relating to protective clothing and equipment; and

(4) Section 5703 of title 5 of the United States Code relating to travel and transportation expenses.

(b) Volunteers may also be provided such other benefits as are authorized by law or by administrative action of the Secretary or his designee.

(a) The rules and regulations in this part govern the provision of grants by the U.S. Commissioner of Education under authority delegated to him by the Secretary of Health, Education, and Welfare for the construction of noncommercial educational broadcasting facilities pursuant to the provisions of Part IV of Title III of the Communications Act of 1934, as amended by Title I of the Public Broadcasting Act of 1967 (Public Law 90-129).

(b) Projects approved prior to November 7, 1967, shall be subject to regulations in this part in effect on that date.

§ 60.2 Other pertinent rules and regula

tions.

Other rules and regulations pertinent to applications for the operation of noncommercial educational broadcasting

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 (Radio Broadcast Services); Part 74 (Experimental, Auxiliary and Special Broadcast and Other Program Distributional Services); and Part 17 (Construction, Marking and Lighting of Antenna Structures)); and in the regulation issued by the Secretary to implement the Civil Rights Act of 1964 (45 CFR Part 80).

(e) "Corporation" means the Corporation for Public Broadcasting established pursuant to Subpart B of the Act.

(f) "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.

(g) "State educational television agency" and "State educational radio agency" mean, with respect to television broadcasting and radio broadcasting respectively:

(1) A board or commission established by State law for the purpose of promoting such broadcasting 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 such broadcasting. In the case of the District of Columbia, the term "Governor" as used in this paragraph means the Commissioner of the District of Columbia, and, in the case of the Trust Territory of the Pacific Islands, means the High Commissioner thereof.

(h) "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 2-year program which is acceptable for full credit toward such a degree, and (4) is accredited by a nationally recognized accrediting agency or association.

(i) "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 tax revenues for a current academic program of instruction for which credit is offered at the higher education level.

(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) "Reserved channel" means a channel reserved by the FCC for the exclusive use of a noncommercial educational broadcast station.

(1) "Broadcasting" means the dissemination of standard AM, FM, or TV electronic energy through the atmosphere intended primarily for reception by the general public.

(m) "Educational broadcasting," means broadcasting of educational, community service, and cultural programs of benefit to the area or community served by such broadcasting.

(n) "Project" means the acquisition and installation of only those items of transmission apparatus related to one noncommercial educational broadcasting station (except that the apparatus may be related to two or more such stations where interconnection is involved) which the Commissioner determines to be eligible for Federal financial assistance pursuant to the provisions of this part. Such term also includes planning with respect to such acquisition and installation. (See paragraph (q).)

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

(p) "Installation" means the assembling, affixing, and taking any other steps necessary or required in order to make ready for use transmission apparatus included in the project.

(q) "Planning" means the preparation of the application for a Federal grant under the Act, and the preparation of applications to the FCC for authority to construct and operate the transmission apparatus included in the project. Such term does not include the preparation of statewide or regional plans, the conduct of surveys, or the preparation and conduct of proceedings before the FCC for the purpose of having a radio or television channel or channels reserved for noncommercial educational broadcasting.

(r) "Owned by the applicant" as applied to transmission apparatus means that the applicant's interest in such transmission apparatus is, at least, the primary, equitable, or beneficial interest, including, for the purpose of paragraph (b) of 60.14, the obligation to own.

(s) "Transmission apparatus" means that equipment which is necessary for noncommercial educational broadcast