[Title 42 CFR E]
[Code of Federal Regulations (annual edition) - October 1, 2008 Edition]
[Title 42 - PUBLIC HEALTH]
[Chapter I - PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN]
[Subchapter E - FELLOWSHIPS, INTERNSHIPS, TRAINING]
[From the U.S. Government Printing Office]
42PUBLIC HEALTH12008-10-012008-10-01falseFELLOWSHIPS, INTERNSHIPS, TRAININGESUBCHAPTER EPUBLIC HEALTHPUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN
SUBCHAPTER E_FELLOWSHIPS, INTERNSHIPS, TRAINING
PART 61_FELLOWSHIPS--Table of Contents
Subpart A_Regular Fellowships
Sec.
61.1 Definitions.
61.2 Applicability.
61.3 Purpose of regular fellowships.
61.4 Establishment and conditions.
61.5 Qualifications.
61.6 Method of application.
61.7 Review of applications; committees; awards.
61.8 Benefits: Stipends; dependency allowances; travel allowances;
vacation.
61.9 Payments: Stipends; dependency allowances; travel allowances.
61.10 Benefits: Tuition and other expenses.
61.11 Payments: Tuition and other expenses.
61.12 Accountability.
61.13 Duration and continuation.
61.14 Separate consideration of information concerning moral character
or loyalty.
61.15 Moral character or loyalty; reference to Special Review Committee;
review and recommendation.
61.16 Termination of or refusal to continue award on grounds relating to
moral character or loyalty; hearing.
61.17 Termination on grounds other than those relating to moral
character or loyalty.
61.18 Publications.
61.19 Copyright and reproduction.
61.20 Inventions or discoveries.
61.21 Interest.
61.22 Nondiscrimination.
Subpart B_Service Fellowships
61.30 Definitions.
61.31 Applicability.
61.32 Purpose of service fellowships.
61.33 Establishment of service fellowships.
61.34 Qualifications.
61.35 Method of application.
61.36 Selection and appointment of service fellows.
61.37 Stipends, allowances, and benefits.
61.38 Duration of service fellowships.
Subpart A_Regular Fellowships
Authority: Sec. 215, 58 Stat. 690, as amended, sec. 8, 77 Stat. 400;
42 U.S.C. 216, 1857g; secs. 301, 402, 58 Stat. 691, as amended, 707,
secs. 412, 422, 62 Stat. 464, 598, sec. 433, 64 Stat. 444, as amended,
sec. 308, 74 Stat. 364, sec. 444, 76 Stat. 1073, sec. 3, 77 Stat. 394,
secs. 394, 395, 79 Stat. 1062; 42 U.S.C. 241, 282, 287a, 288a, 289c,
242f, 289g, 1857b, 280b-4, 280b-5.
Source: 31 FR 12096, Sept. 16, 1966, unless otherwise noted.
Sec. 61.1 Definitions.
As used in this part:
(a) Continuation award is an award made by the Surgeon General,
within the period of support recommended by a fellowship committee,
without necessity for further action by the committee.
(b) Noncitizen national means any person who, though not a citizen
of the United States, owes permanent allegiance to the United States.
(c) Regular fellowship means an award to support activity not
requiring performance of services for the Public Health Service.
(d) Surgeon General means the Surgeon General of the U.S. Public
Health Service or his delegate.
(e) Continental United States does not include Hawaii or Alaska.
Sec. 61.2 Applicability.
The regulations in this subpart apply to the establishment, award,
and operation of all regular fellowships awarded under the Public Health
Service Act and the Clean Air Act.
Sec. 61.3 Purpose of regular fellowships.
Regular fellowships are provided to encourage and promote:
(a) Research and training for research relating to (1) the physical
and mental diseases and impairments of man, (2) the organization,
provision, and financing of health services, (3) the causes, prevention,
and control of air pollution, and (4) medical library and related health
sciences and communication of information.
(b) Special scientific projects for the compilation of existing, or
writing of original, contributions relating to scientific, social, or
cultural advancements in sciences related to health.
Sec. 61.4 Establishment and conditions.
All regular fellowships in the Public Health Service shall be
established by the Surgeon General. In establishing a fellowship or
series of fellowships, the Surgeon General shall prescribe in
[[Page 351]]
writing the conditions (in addition to those provided in the regulations
in this part) under which the fellowships are to be awarded and held.
Sec. 61.5 Qualifications.
In order to qualify for a regular fellowship, an applicant must:
(a) Meet the Public Health Service requirements of general
suitability, including professional and personal fitness.
(b) Have been accepted by a public or other nonprofit institution
for the purpose of the activity for which the fellowship is sought.
(c) Be free from any disease or disability that would interfere with
the accomplishment of the fellowship purpose.
(d) If a citizen or noncitizen national of the United States, sign
and file with the Surgeon General the following statement:
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.
(e) Comply with such other requirements as may be prescribed by the
Surgeon General.
Sec. 61.6 Method of application.
Application for a regular fellowship shall be made on forms
prescribed by the Surgeon General. In addition to the information
supplied by the applicant in his application, such further information
may be required as is necessary to determine his qualifications and
fitness.
Sec. 61.7 Review of applications; committees; awards.
The Surgeon General shall appoint one or more fellowship committees
to examine the qualifications of applicants for fellowships and the
merits of their proposals for research, training, or special scientific
projects. A fellowship committee shall submit to the Surgeon General its
recommendations concerning appointments. Awards of regular fellowships
shall be made in writing by the Surgeon General.
Sec. 61.8 Benefits: Stipends; dependency allowances; travel allowances;
vacation.
Individuals awarded regular fellowships shall be entitled to such of
the following benefits as are authorized for the particular series of
fellowship:
(a) Stipend.
(b) Dependency allowances.
(c) When authorized in advance, separate allowances for travel. Such
allowances may not exceed amounts prescribed by the Surgeon General for
(1) Travel to the place where the fellow is to be located during the
fellowship term, and
(2) Travel to return the fellow at the end of the fellowship term to
his home or other place he left to carry out the fellowship, provided
that (unless otherwise prescribed by the Surgeon General) such return
travel is to or from a place outside the continental United States.
No allowances will be granted for shipping personal effects or household
goods and no allowances will be granted for transporting dependents,
except as authorized by the Surgeon General for travel undertaken by
dependents (spouse and/or dependent children only) to or from a place
outside the continental United States where the fellow is to be located
during the fellowship term and for return from such place or except as
otherwise prescribed by the Surgeon General for a particular series of
fellowships.
(d) Vacation. Stipends and allowances will not be increased, or be
paid beyond the term of a fellowship, on account of vacation an
individual might have been entitled to but did not take.
Sec. 61.9 Payments: Stipends; dependency allowances; travel allowances.
Payments for stipends, dependency allowances, and the travel
allowances specified in Sec. 61.8 may be made directly to the fellow or
to the sponsoring institution for payment to the fellow.
Sec. 61.10 Benefits: Tuition and other expenses.
The Surgeon General may authorize allowances for payment of
expenses, in whole or in part, of tuition, fees, equipment, supplies,
attendance at meetings required to carry out the purposes of
[[Page 352]]
the fellowship, or other expenses of the activities of the fellow.
Sec. 61.11 Payments: Tuition and other expenses.
(a) Tuition and fees. Allowances for tuition and fees may be made to
the fellow or sponsoring institution.
(b) Other expenses; standard or maximum allowances. Any allowances
for equipment, supplies, attendance at meetings, and other expenses
shall, except as may otherwise be prescribed herein or by the Surgeon
General, be paid to the sponsoring institution. The Surgeon General may
establish a standard allowance or a maximum allowance for payment to the
sponsoring institution for such expenses.
(c) Attendance at meetings--fellows sponsored by Federal agencies.
Allowances for expenses of attendance at meetings by fellows who are
sponsored by Federal agencies may be paid directly to such fellows.
(d) Installments. Payments to sponsoring institutions and to fellows
under this section or under Sec. 61.9 may be made in advance or by way
of reimbursement and, except as may otherwise be prescribed by the
Surgeon General, in monthly installments.
Sec. 61.12 Accountability.
Payments shall be subject to such requirements relating to
accountability as may be specified by the Surgeon General.
Sec. 61.13 Duration and continuation.
An award period may be any period not in excess of 2 years. The
Surgeon General may make one or more continuation awards for an
additional period upon a finding of satisfactory progress toward
accomplishment of the purposes of the initial fellowship award.
Additional support may be provided on appropriate justification after
expiration of the period of support involved in the previous award.
Sec. 61.14 Separate consideration of information concerning moral character
or loyalty.
No information in the records or possession of the Public Health
Service concerning the moral character or loyalty of a fellow will be
made available to any fellowship committee involved in recommending
appointments of fellows.
Sec. 61.15 Moral character or loyalty; reference to Special Review Committee;
review and recommendation.
(a) Moral character or loyalty; reference to Special Review
Committee. Whenever the Surgeon General has substantial evidence with
respect to any fellow (1) that the statement filed pursuant to Sec.
61.5(d) was not made in good faith; or (2) that a fellow has (i) been
convicted of a crime involving moral turpitude or (ii) engaged in
conduct involving moral turpitude (unless in the case of either
paragraph (a)(2) (i) or (ii) of this section, it is established that the
fellow is, nevertheless, then a person of good moral character), the
Surgeon General shall refer the pertinent records to a Special Review
Committee established as prescribed in paragraph (b) of this section.
(b) Special Review Committee; composition. The Special Review
Committee shall be composed of a representative of the Office of the
Surgeon General designated by the Surgeon General as chairman but
nonvoting member, the appropriate Associate Director or comparable
official of the bureau involved, the Chief of the Division of Research
Grants, the Director of the Institute or the Chief of the Division which
awarded the fellowship in question, or their delegates, and two
additional members appointed by the Surgeon General.
(c) Information; supplementation. The Committee may supplement the
information referred to it by such correspondence, personal interviews,
or other informal methods as necessary in order to make its
recommendation as provided in paragraph (d) of this section.
(d) Review and recommendation. The Committee shall review the
pertinent records, determine whether there is substantial reason to
believe that the award should be terminated or not continued either on
grounds relating to moral character or on the ground that the statement
filed pursuant to Sec. 61.5(d) was not made in good faith, and make its
recommendation to the Surgeon
[[Page 353]]
General in writing, with reasons therefor, accordingly.
Sec. 61.16 Termination of or refusal to continue award on grounds relating to
moral character or loyalty; hearing.
If, after review of the recommendation of the Special Review
Committee, the Surgeon General believes that the award should be
terminated or should not be continued, he shall notify the fellow and
sponsoring institution in writing that unless a request for a hearing is
made by the fellow within 20 days after the fellow's receipt of such
notice, his fellowship will be terminated or his application for
continuation of the award denied. A copy of the regulations under this
subpart and a copy of part 10 of title 45, Code of Federal Regulations,
shall be enclosed with the notice. The notice shall set forth, as
specifically as security permits, the grounds for the questions
pertaining to moral character or loyalty. Any such request for a hearing
shall be promptly submitted by the Surgeon General to the Chairman of
the Departmental Fellowship Review Panel for handling in accordance with
such part 10.
Sec. 61.17 Termination on grounds other than those relating to moral
character or loyalty.
The Surgeon General may terminate a fellowship upon receipt from the
fellow of a written request for termination. The Surgeon General shall
terminate any fellowship prior to the date it would otherwise expire if
he determines that the fellow's performance is unsatisfactory or that
the fellow or the sponsoring institution is unfit or unable to carry out
the purpose of the fellowship. The fellow and the sponsoring institution
shall be notified in writing of such termination.
Sec. 61.18 Publications.
Publication, distribution, and disposition of all manuscripts and
other materials resulting from a fellowship awarded hereunder shall be
subject to the conditions that all such materials shall bear appropriate
acknowledgment of Public Health Service support, that fellows shall
furnish copies of such publications or other materials as may be
requested by the Surgeon General, and to such other conditions as the
Surgeon General may prescribe.
Sec. 61.19 Copyright and reproduction.
Where the work accomplished under a fellowship award results in a
book or other copyrightable material, the author is free to copyright
the work, but the Public Health Service 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 fellowship award.
Sec. 61.20 Inventions or discoveries.
Any fellowship award made hereunder is subject to the regulations of
the Department of Health and Human Services set forth in title 45 CFR
parts 6 and 8, as amended. Such regulations shall apply to any activity
for which fellowship funds are in fact used, whether within the scope of
the fellowship as approved or otherwise. Appropriate measures shall be
taken by the fellow, the sponsoring institution, and the Surgeon General
to assure that no contracts, assignments, or other arrangements
inconsistent with the fellowship obligation are entered into or
continued and that all personnel involved in the supported activity are
aware of and comply with such obligation. Laboratory notes, related
technical data and information pertaining to inventions or discoveries
shall be maintained for such periods, and filed with or otherwise made
available to the Surgeon General or those whom he may designate at such
times and in such manner as he may determine necessary to comply with
such Department regulations.
Sec. 61.21 Interest.
Any interest earned through deposit or investment by the sponsoring
institution of funds paid pursuant to the provisions of this subpart
shall be paid to the United States as such interest is received by the
sponsoring institution.
Sec. 61.22 Nondiscrimination.
Attention is called to the fact that funds paid to a sponsoring
institution
[[Page 354]]
pursuant to Sec. 61.11 in order to meet the expenses of the activities
of a fellow are considered Federal financial assistance to such
institution. The institution is thus subject in this respect to the
prohibition against discrimination on the basis of race, color, or
national origin imposed by title VI, Civil Rights Act of 1964, and the
implementing Regulation of the Department of Health and Human Services
(45 CFR part 80).
Subpart B_Service Fellowships
Authority: 42 U.S.C. 209, 210, 216.
Source: 31 FR 12098, Sept. 16, 1966, unless otherwise noted.
Sec. 61.30 Definitions.
As used in this part:
Continental United States does not include Hawaii or Alaska.
Secretary means the Secretary of Health and Human Services and any
other officer or employee of the Department of Health and Human Services
to whom the authority involved may be delegated.
Service Fellowship is one which requires the performance of
services, either full or part time, for the Public Health Service.
[63 FR 9950, Feb. 27, 1998]
Sec. 61.31 Applicability.
The regulations in this part apply to the establishment of service
fellowships in the Public Health Service, the designation of persons to
receive such fellowships, and the appointment of service fellows under
authority of section 207(g) of the Public Health Service Act.
Sec. 61.32 Purpose of service fellowships.
Service fellowships in the Public Health Service are for the purpose
of encouraging and promoting research, studies, and investigations
related to health. Such fellowships may be provided to secure the
services of talented scientists for a period of limited duration for
health-related research, studies, and investigations where the nature of
the work or the character of the individual's services render customary
employing methods impracticable or less effective.
Sec. 61.33 Establishment of service fellowships.
All service fellowships shall be established by the Secretary. In
establishing a service fellowship, or a series of service fellowships,
the Secretary shall prescribe in writing the conditions (in addition to
those provided in the regulations in this part) under which service
fellows will be appointed and will hold their fellowships.
[63 FR 9950, Feb. 27, 1998]
Sec. 61.34 Qualifications.
Scholastic and other qualifications shall be prescribed by the
Secretary for each service fellowship, or series of service fellowships.
Each individual appointed to a service fellowship shall:
(a) Have presented satisfactory evidence of general suitability,
including professional and personal fitness; and
(b) Possess any other qualifications as reasonably may be
prescribed.
[63 FR 9950, Feb. 27, 1998]
Sec. 61.35 Method of application.
Application for a service fellowship shall be made in accordance
with procedures established by the Secretary.
[63 FR 9950, Feb. 27, 1998]
Sec. 61.36 Selection and appointment of service fellows.
The Secretary shall:
(a) Prescribe a suitable professional and personal fitness review
and an examination of the applicant's qualifications;
(b) Designate in writing persons to receive service fellowships; and
(c) Establish procedures for the appointment of service fellows.
[63 FR 9950, Feb. 27, 1998]
Sec. 61.37 Stipends, allowances, and benefits.
(a) Stipends. Service fellows shall be entitled to such stipend as
is authorized by the Secretary for each service fellowship or series of
service fellowships.
(b) Travel and transportation allowances. Under conditions
prescribed by the Secretary, an individual appointed as a service fellow
may be authorized
[[Page 355]]
personal travel allowances or transportation and per diem, travel
allowances or transportation for his or her immediate family, and
transportation of household goods and personal effects, in conjunction
with travel authorized by the Secretary.
(1) From place of residence, within or outside the continental
United States, to first duty station,
(2) For any change of duty station ordered by the Service during the
term of the fellowship, and
(3) From last duty station to the place of residence which he left
to accept the fellowship, or to some other place at no greater cost to
the Government.
(4) A service fellow shall be entitled to travel allowances or
transportation and per diem while traveling on official business away
from his or her permanent duty station during the term of the
fellowship. Except as otherwise provided herein, a service fellow shall
be entitled to travel and transportation allowances authorized in this
part at the same rates as may be authorized by law and regulations for
other civilian employees of the Public Health Service. If a service
fellow dies during the term of a fellowship, and the place of residence
that was left by the service fellow to accept the fellowship was outside
the continental United States, the payment of expenses of preparing the
remains for burial and transporting them to the place of residence for
interment may be authorized. In the case of deceased service fellows
whose place of residence was within the continental United States,
payment of the expenses of preparing the remains and transporting them
to the place of residence for interment may be authorized as provided
for other civilian employees of the Public Health Service.
(c) Benefits. In addition to other benefits provided herein, service
fellows shall be entitled to benefits as provided by law or regulation
for other civilian employees of the Public Health Service.
(d) Training. Service fellows are eligible for training at
Government expense on the same basis as other civilian employees.
[31 FR 12098, Sept. 16, 1966, as amended at 63 FR 9950, Feb. 27, 1998]
Sec. 61.38 Duration of service fellowships.
Initial appointments to service fellowships may be made for varying
periods not in excess of 5 years. Such an appointment may be extended
for varying periods not in excess of 5 years for each period in
accordance with procedures and requirements established by the
Secretary.
[63 FR 9951, Feb. 27, 1998]
PART 62_NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP AND LOAN REPAYMENT
PROGRAMS--Table of Contents
Subpart A_National Health Service Corps Scholarship Program
Sec.
62.1 What is the scope and purpose of the National Health Service Corps
scholarship program?
62.2 Definitions.
62.3 Who is eligible to apply for a scholarship program award?
62.4 To whom will scholarship program awards be available in addition to
those individuals pursuing courses of study leading to degrees
in medicine, osteopathy or dentistry?
62.5 How is application made for a scholarship program award?
62.6 How will individuals be selected to participate in the scholarship
program?
62.7 What will an individual be awarded for participating in the
scholarship program?
62.8 What does an individual have to do in return for the scholarship
program award?
62.9 Under what circumstances can the period of obligated service be
deferred to complete approved graduate training?
62.10 What will happen if an individual does not comply with the terms
and conditions of participating in the scholarship program?
62.11 When can a scholarship program payment obligation be discharged in
bankruptcy?
62.12 Under what circumstances can the service or payment obligation be
canceled, waived or suspended?
62.13 What are the limitations on the receipt of concurrent benefits?
62.14 What are the special provisions relating to recipients of awards
under the PH/NHSC scholarship training program who will also
receive awards under the scholarship program?
[[Page 356]]
Subpart B_National Health Service Corps Loan Repayment Program
62.21 What is the scope and purpose of the National Health Service Corps
Loan Repayment Program?
62.22 Definitions.
62.23 How will individuals be selected to participate in the Loan
Repayment Program?
62.24 Who is eligible to apply for the Loan Repayment Program?
62.25 What does the Loan Repayment Program provide?
62.26 What does an individual have to do in return for loan repayments
received under the Loan Repayment Program?
62.27 What will happen if an individual does not comply with the terms
and conditions of participation in the Loan Repayment Program?
62.28 Under what circumstances can the service or payment obligation be
canceled, waived or suspended?
62.29 Under what circumstances can the Loan Repayment Program obligation
be discharged in bankruptcy?
62.30 What other regulations and statutes apply?
Subpart C_Grants for State Loan Repayment Programs
62.51 What is the scope and purpose of the State Loan Repayment Program?
62.52 Definitions.
62.53 Who is eligible for this program?
62.54 What must applications for the State Loan Repayment Program
contain?
62.55 What State Program Elements are required to ensure similarity with
the NHSC Loan Repayment Program?
62.56 How are the Federal grant funds and State matching funds to be
used under this program?
62.57 How will States be selected to participate in this program?
62.58 What other regulations apply?
Subpart D_Special Repayment Program
62.71 What is the scope and purpose of the Special Repayment Program?
62.72 Definitions.
62.73 What are the procedures for participation in the Special Repayment
Program?
62.74 How much credit will a Program participant receive for monetary
repayments made, or approved service performed, before
beginning service under the Special Repayment Program?
62.75 Will individuals serving under the Special Repayment Program
receive credit for partial service?
62.76 How will amounts of money due under the option under section
204(c)(1) of Public Law 100-177 be required to be repaid?
Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 690,
as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 751 of the Public Health
Service Act, 90 Stat. 2281 (42 U.S.C. 294t), unless otherwise noted.
Source: 45 FR 55429, Aug. 20, 1980, unless otherwise noted.
Subpart A_National Health Service Corps Scholarship Program
Sec. 62.1 What is the scope and purpose of the National Health Service Corps
scholarship program?
These regulations apply to the award of scholarships under the
National Health Service Corps Scholarship Program authorized by section
751 of the Public Health Service Act (42 U.S.C. 294t) to students
receiving academic training in medicine, osteopathy, dentistry, and
other health professions. The purpose of this program is to assure an
adequate supply of trained health professionals for the National Health
Service Corps which is used by the Secretary to improve the delivery of
health services in health manpower shortage areas.
Sec. 62.2 Definitions.
As used in this part:
Acceptable level of academic standing means the level at which a
full-time student retains eligibility to continue in attendance in
school under the school's standards and practices.
Act means the Public Health Service Act, as amended.
Approved graduate training means those programs of graduate training
in medicine, osteopathy, dentistry or other health professions which (a)
lead to eligibility for board certification or which provide other
evidence of completion, and (b) have been approved by the appropriate
health professions body as determined by the Secretary.
Full-time student means an individual pursuing a course of study
leading to a degree in medicine, osteopathy, dentistry or an equivalent
credential for a particular health profession who is enrolled for a
sufficient number of credit hours in any academic term to complete the
course of study within not more than the number of academic terms
normally required at the school.
[[Page 357]]
If an individual is enrolled in a school and is pursuing a course of
study which is designed to be completed in more than 4 years, the
individual will be considered a full-time student for only the last 4
years of the course of study.
Health manpower shortage area means the geographic area, the
population group, the public or nonprofit private medical facility, or
other public facility which has been determined by the Secretary to have
a shortage of health manpower under section 332 of the Act and its
implementing regulations (42 CFR part 5).
National of the United States means a citizen of the United States
or a person who, though not a citizen of the United States, owes
permanent allegiance to the United States.
Public Health and National Health Service Corps Scholarship Training
Program, or PH/NHSC Scholarship Training Program, means the program
authorized by section 225 of the Act as in effect on September 30, 1977,
and repealed on October 1, 1977.
Scholarship Program means the National Health Service Corps
Scholarship Program authorized by section 751 of the Act (42 U.S.C.
294t).
Scholarship Program participant or participant means an individual
whose application to the Scholarship Program has been approved and whose
contract has been accepted and signed by the Secretary.
School means a school of medicine, osteopathy, dentistry, or other
health profession which (a) provides training leading to a degree of
doctor of medicine, doctor of osteopathy, doctor of dentistry, or an
equivalent credential for a particular health profession, and (b) which
is accredited by a body or bodies recognized for accreditation purposes
by the Secretary of Education.
School year means all or part of the 12-month period from July 1
through June 30 during which an applicant is enrolled in a school as a
full-time student.
Service means the United States Public Health Service.
Secretary means the Secretary of Health and Human Services and any
other officer or employee of the Department of Health and Human Services
to whom the authority involved has been delegated.
State means one of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, Guam, American Samoa, and the Trust Territory of the Pacific
Islands.
Sec. 62.3 Who is eligible to apply for a scholarship program award?
(a) To be eligible for a scholarship under this part an applicant
must:
(1) Be accepted for enrollment, or be enrolled, as a full-time
student in a school located in a State;
(2) Be pursuing a course of study or program offered by the school
leading to a degree in medicine, osteopathy, dentistry, or an equivalent
credential for a particular health profession;
(3) Be eligible for, or hold, an appointment as a commissioned
officer in the Regular or Reserve Corps of the Service or be eligible
for selection for civilian service in the National Health Service Corps;
(4) Be a National of the United States; and
(5) Submit an application to participate in the Scholarship Program
together with a signed contract as described in section 751(f) of the
Act.
(b) Any applicant who owes an obligation for professional practice
to a State or other entity under an agreement entered into before filing
an application under this part is ineligible for an award unless a
written statement satisfactory to the Secretary is submitted from the
State or entity that (1) there is no potential conflict in fulfilling
the service obligation to the State or entity and the Scholarship
Program, and that (2) the Scholarship Program service obligation will be
served before the service obligation for professional practice owed to
the State or entity.
(c) Any individual who receives a scholarship under the Indian
Health Service Scholarship Program (section 757 of the Act) or the
Scholarship Program for First-Year Students of Exceptional Financial
Need (section 758 of the Act) is ineligible to participate in the
Scholarship Program during the
[[Page 358]]
School year(s) for which the scholarships under sections 757 or 758 of
the Act were awarded.
Sec. 62.4 To whom will scholarship program awards be available in addition to
those individuals pursuing courses of study leading to degrees in medicine,
osteopathy, or dentistry?
The Secretary will, from time-to-time, publish in the Federal
Register a list of those health professions in addition to medicine,
osteopathy, and dentistry for which the National Health Service Corps
has need and for which support is available. The Secretary will also
publish any other eligibility criteria, in addition to those in Sec.
62.3, that may be required to assure that participants can be utilized
during their periods of obligated service in a manner that will best
meet the needs of the National Health Service Corps.
Sec. 62.5 How is application made for a scholarship program award?
Each individual desiring a scholarship under this part must submit
an application (including a signed contract as required under section
751(f) of the Act) in the form and at the time prescribed by the
Secretary.
Sec. 62.6 How will individuals be selected to participate in the scholarship
program?
(a) General. In deciding which applications for participation in the
Scholarship Program will be approved, the Secretary will place the
applications into categories based upon the selection priorities
described in paragraph (b) of this section. Except for continuation
awards (see paragraph (e) of this section) the Secretary will then
evaluate each applicant under paragraph (c) of this section.
(b) Priorities. (1) First priority will be given to individuals who
have previously received a scholarship under the PH/NHSC Scholarship
Training Program, a scholarship under this Scholarship Program, or a
scholarship under section 758 of the Act, authorizing scholarships for
first-year students of exceptional financial need. (2) Second priority
will be given to applicants who are entering their first year of study.
(c) Selection. (1) In selecting participants, the Secretary will
take into consideration those factors which he or she determines
necessary to assure effective participation in the Scholarship Program.
These factors may include, but not be limited to (i) work experience,
(ii) community background, (iii) career goals, (iv) faculty
recommendation, and (v) academic performance.
(2) Special consideration will be given to (i) medical and
osteopathic students who indicate their intention to enter family
practice, internal medicine, pediatrics, or osteopathic general practice
residencies, (ii) dental students who indicate their intention to
undertake general practice training following graduation or who plan no
postgraduate training, and (iii) those individuals who indicate an
intent to pursue other types of clinical practice or specialized
training for which the National Health Service Corps has a particular
need.
(d) Duration of Scholarship award. Subject to the availability of
funds for the Scholarship Program, the Secretary will award a
participant a scholarship under this part for a period of 1 school year.
(e) Continuation awards. Subject to the availability of funds for
the Scholarship Program, the Secretary will award a continuation
scholarship if (1) the participant requests a continuation, (2) the
award will not extend the total period of Scholarship Program support
beyond 4 years, and (3) the participant is eligible for continued
participation in the Scholarship Program.
Sec. 62.7 What will an individual be awarded for participating in the
scholarship program?
(a) Amount of scholarship. (1) A scholarship award for each school
year will consist of (i) tuition, (ii) reasonable educational expenses,
including required fees, books, supplies, and required educational
equipment, and (iii) a monthly stipend for the 12-month period beginning
with the first month of each school year in which the individual is a
participant. For purposes of this section ``required fees'' means those
fees which are charged by the
[[Page 359]]
school to all students pursuing a similar curriculum and ``required
educational equipment'' means educational equipment which must be rented
or purchased by all students pursuing a similar curriculum at that
school.
(2) The Secretary may enter into a contract with the school in which
the participant is enrolled for the direct payment of tuition and
reasonable educational expenses in the participant's behalf.
(b) Payment of scholarship: Leave-of-absence; repeated course work.
The Secretary will suspend scholarship payments to or on behalf of a
participant if the school (1) approves a leave-of-absence for the
participant for health, personal, or other reasons, or (2) requires the
participant to repeat course work for which the Secretary has previously
made scholarship payments under Sec. 62.7. However, if the repeated
course work does not delay the participant's graduation date,
scholarship payments will continue except for any additional costs
relating to the repeated course work. Any scholarship payments suspended
under this paragraph will be resumed by the Secretary upon notification
by the school that the participant has returned from the leave-of-
absence or has completed the repeated course work and is pursuing as a
full-time student the course of study for which the scholarship was
awarded.
Sec. 62.8 What does an individual have to do in return for the scholarship
program award?
(a) General. Except as provided in paragraphs (d), (f), and (g) of
this section, each participant is obligated to (1) become a member of
the National Health Service Corps employed as a Commissioned Officer in
the Regular or Reserve Corps of the Service or as a Federal civilian in
the full-time clinical practice of the participant's profession and (2)
serve in the health manpower shortage area to which the participant is
assigned by the National Health Service Corps.
(b) Beginning of service. (1) The period of obligated service will
begin when the Scholarship Program participant begins to provide
services in the health manpower shortage area to which he or she is
assigned by the Secretary. Except for those participants who receive a
deferral under Sec. 62.9 (a) or (b), this assignment will be made by
the Secretary as soon as possible following: (i) the completion of the
participant's course of study leading to a degree in medicine,
osteopathy, dentistry, or an equivalent credential for a particular
health profession, and (ii) appointment of the participant as a
Commissioned Officer in the Regular or Reserve Corps of the Service or
as a civilian member of the National Health Service Corps.
(2) For purposes of this paragraph, ``appointment'' means only those
appointments as Commissioned Officers in the Regular or Reserve Corps of
the Service or as civilian members of the National Health Service Corps
made specifically for the purpose of serving a participant's period of
obligated service.
(c) Duration of service. Except as provided in Sec. 62.14(b)(1),
the period for which the Scholarship Program participant is obligated to
serve is equal to 1 year for each school year for which the participant
receives a scholarship award under this part, or 2 years, whichever is
greater.
(d) Service by detail. If the Secretary determines that there is no
need in a health manpower shortage area for a member of the profession
in which the Scholarship Program participant is obligated to provide
service, the Scholarship Program participant may be detailed to serve
the period of obligated service as a full-time member of the profession
for which the participant has been trained, in any unit of the
Department of Health and Human Services as the Secretary may determine.
(e) Creditability of approved graduate training. Except as provided
in Sec. 62.14(b)(2), no period of approved graduate training will be
credited toward satisfying the period of obligated service incurred
under the Scholarship Program.
(f) Service under the National Research Service Award Program. (1) A
Scholarship Program participant who demonstrates exceptional promise for
medical research may perform the period of obligated service owed under
this section by participating in the National
[[Page 360]]
Research Service Award Program for individual postdoctoral fellows
authorized under section 472 of the Act.
(2) Exceptional promise for medical research will be demonstrated if
the participant applies for a National Research Service Award for
individual postdoctoral fellows, is selected to participate in this
research program, and accepts the offer of participation. A Scholarship
Program participant in the National Research Service Award Program will
receive credit toward satisfying the period of obligated service
incurred under this section for any period of time he or she is engaged
in activities which meet the service requirements of the National
Research Service Award Program.
(3) If the time served under the National Research Service Award
Program is less than the total period of obligated service owed under
the Scholarship Program, the participant will serve the remainder of the
Scholarship Program service obligation (i) in activities which meet the
criteria for service under the National Research Service Award Program,
as approved by the Secretary or (ii) as a member of the National Health
Service Corps providing health services in the full-time clinical
practice of his or her health profession. A participant who fails to
begin or complete the service requirements under the National Research
Service Award Program may be subject to the default penalty under Sec.
62.10(c) of this part and the default penalties under the National
Research Service Award Program.
(g) Release from service obligation to engage in private practice.
The Secretary will release a participant from all or part of the service
obligation if the participant applies for a release under section 753 of
the Act and agrees in writing to engage for a period equal to the
remaining period of the participant's service obligation in the full-
time private clinical practice of the participant's health profession,
under the requirements of section 753 of the Act.
Sec. 62.9 Under what circumstances can the period of obligated service be
deferred to complete approved graduate training?
(a) Requested deferment. Upon the request of any participant
receiving a degree from a school of medicine, osteopathy, or dentistry,
veterinary medicine, optometry, podiatry or pharmacy, the Secretary will
defer the beginning date of the obligated service to allow the
participant to complete an approved graduate training program. The
period of this deferment may not exceed (1) three years for any
participant receiving a degree from a school of medicine, osteopathy or
dentistry, or (2) one year for any participant receiving a degree from a
school of veterinary medicine, optometry, podiatry or pharmacy. The
Secretary may, however, extend this period of deferment if the Secretary
determines that the extension is consistent with the needs of the
National Health Service Corps.
(b) Required deferment. Each participant receiving a degree in
medicine or osteopathy who does not intend to enter training which can
be completed within the deferment period granted under paragraph (a) of
this section must complete at least one year of approved graduate
training before beginning the period of obligated service. This one year
of training must be in (1) an allopathic flexible first-year program
whose sponsorship includes approved residencies in family practice,
internal medicine, pediatrics, or a categorical first-year program in
family practice, internal medicine, or pediatrics; (2) a rotating
internship in osteopathic medicine; or (3) such other programs as the
Secretary determines provides comparable experience. Any participant
receiving a degree in medicine or osteopathy who fails to complete the
one year of required training or an approved graduate training program
for which a deferment was granted under paragraph (a) of this section
will be subject to the default penalties of Sec. 62.10(c).
(c) Altering deferment. Before altering the length or type of
approved graduate training for which the period of obligated service was
deferred under paragraphs (a) or (b) of this section,
[[Page 361]]
the participant must request and obtain the Secretary's approval of the
alteration.
(d) Additional terms of deferment. The Secretary may prescribe
additional terms and conditions for deferment under paragraphs (a), (b),
and (c) of this section as necessary to carry out the purposes of the
Scholarship Program.
(e) Beginning of service after deferment. Any participant whose
period of obligated service has been deferred under paragraphs (a) or
(b) of this section must begin the obligated service when the
participant begins to provide health services in the health manpower
shortage area to which he or she is assigned by the Secretary. This
assignment will be made by the Secretary as soon as possible following
(1) the completion of the requested or required graduate training for
which the deferment was granted, and (2) appointment as a Commissioned
Officer in the Regular or Reserve Corps of the Service or as a civilian
member of the National Health Service Corps.
Sec. 62.10 What will happen if an individual does not comply with the terms
and conditions of participating in the scholarship program?
(a) If a participant, other than one described in paragraph (b) of
this section, fails to accept payment or instructs the school not to
accept payment of the scholarship provided by the Secretary, the
participant must, in addition to any service or other obligation
incurred under the contract, pay to the United States the amount of
$1,500 liquidated damages. Payment of this amount must be made within 30
days of the date on which the participant fails to accept payment of the
scholarship award or instructs the school not to accept payment.
(b) When a participant fails to maintain an acceptable level of
academic standing, is dismissed from the school for disciplinary
reasons, or voluntarily terminates the course of study or program for
which the scholarship was awarded before completing the course of study
or program, the participant must, instead of performing any service
obligation, pay to the United States an amount equal to all scholarship
funds awarded under Sec. 62.7. Payment of this amount must be made
within 3 years of the date the participant becomes liable to make
payment under this paragraph.
(c) If a participant fails to begin or complete the period of
obligated service incurred under Sec. 62.8, including failing to comply
with the applicable terms and conditions of a deferment granted by the
Secretary, the participant must pay to the United States an amount
determined by the formula set forth in section 754(c) of the Act.
Payment of this amount shall be made within 1 year of the date that the
participant failed to begin or complete the period of obligated service,
as determined by the Secretary.
Sec. 62.11 When can a scholarship program payment obligation be discharged in
bankruptcy?
In accordance with section 754(d)(3) of the Act, any payment
obligation incurred under Sec. 62.10 may not be discharged in
bankruptcy under title XI of the United States Code until 5 years after
the date on which the payment obligation is due.
Sec. 62.12 Under what circumstances can the service or payment obligation be
canceled, waived or suspended?
(a) Any obligation of a participant for service or payment will be
canceled upon the death of the participant.
(b)(1) A participation may seek a waiver or suspension of the
service or payment obligations incurred under this part by written
request to the Secretary setting forth the bases, circumstances, and
causes which support the requested action. The Secretary may approve a
request for a suspension for a period of 1 year. A renewal of this
suspension may also be granted.
(2) The Secretary may waive or suspend any service or payment
obligation incurred by a participant whenever compliance by the
participant (i) is impossible, or (ii) would involve extreme hardship to
the participant and if enforcement of the service or payment obligation
would be against equity and good conscience.
(c) Compliance by a participant with a service or payment obligation
will be considered impossible if the Secretary determines, on the basis
of information
[[Page 362]]
and documentation as may be required, that the participant suffers from
a physical or mental disability resulting in the permanent inability of
the participant to perform the service or other activities which would
be necessary to comply with the obligation.
(d) In determining whether to waive or suspend any or all of the
service or payment obligations of a participant as imposing an undue
hardship and being against equity and good conscience, the Secretary, on
the basis of information and documentation as may be required, will
consider:
(1) The participant's present financial resources and obligations;
(2) The participant's estimated future financial resources and
obligations; and
(3) The extent to which the participant has problems of a personal
nature, such as physical or mental disability, terminal illness in the
immediate family which so intrude on the participant's present and
future ability to perform as to raise a presumption that the individual
will be unable to perform the obligation incurred.
Sec. 62.13 What are the limitations on the receipt of concurrent benefits?
Under section 741(f) or 836(h) of the Act, the Secretary may agree
to repay a portion of an individual's educational loans in return for
the individual's agreement to practice his or her profession in an area
in need of health manpower. However, a Scholarship Program participant
may not enter into an agreement with the Secretary under section 741(f)
or 836(h) of the Act, until either:
(a) The participant has completed the service obligation under the
Scholarship Program,
(b) The Secretary has recovered from the participant an amount
determined under Sec. 62.10, or
(c) Any service or payment obligation has been waived under Sec.
62.12.
In no case shall a scholarship received under these regulations be
considered an educational loan for the purposes of section 741(f) or
836(h) of the Act.
Sec. 62.14 What are the special provisions relating to recipients of awards
under the PH/NHSC scholarship training program who will also receive awards
under the scholarship program?
(a) Except as provided in paragraph (b) of this section, if a
participant has previously received an award under the PH/NHSC
Scholarship Training Program and also receives an award under the
Scholarship Program, the terms and conditions of these regulations will
apply to the participant's entire obligation incurred under both the PH/
NHSC Scholarship Training Program and the Scholarship Program.
(b) If a participant has received an award under the PH/NHSC
Scholarship Training Program and also receives an award under the
Scholarship Program, the following conditions apply:
(1) Period of obligated service--carry over. The period of obligated
service owed by the participant is equal to the total number of school
years for which scholarship support was awarded under both the PH/NHSC
Scholarship Training Program and the Scholarship Program without regard
to either Program's minimum support requirement under 42 CFR 62.7(a)
(1976) as adopted on May 22, 1974 (see 39 FR 17962), and under Sec.
62.8(c) of this part.
(2) Credit for internship and residency training. (i) If a
participant received a scholarship under the PH/NHSC Scholarship
Training Program for any school year beginning before October 12, 1976,
the participant will receive credit toward satisfying the periods of
obligated service incurred under the PH/NHSC Scholarship Training
Program and under Sec. 62.8 of this part for any periods of internship
or residency training served in a Service or National Health Service
Corps facility.
(ii) If a participant received a scholarship for the first time
during the 1977-78 school year under the PH/NHSC Scholarship Training
Program, the participant will only receive 1 year of credit toward
satisfying the period of obligated service incurred under the PH/NHSC
Scholarship Training Program for internship or residency training served
in a Service or National Health Service Corps facility.
[[Page 363]]
(3) Default penalties. The PH/NHSC Scholarship Training Program
default penalty will apply to a participant who fails to begin or
complete the active duty service obligation incurred under that Program,
and the Sec. 62.10 default penalties will apply to a participant who
fails to begin or complete the service obligation incurred under Sec.
62.8 of these regulations. In determining which default penalty to apply
when an individual who has received a Scholarship award under both the
PH/NHSC Scholarship Training Program and the Scholarship Program fails
to begin or complete his service obligation, the service obligations
will be considered to have been served in the order in which they were
incurred.
Subpart B_National Health Service Corps Loan Repayment Program
Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 690,
as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 338B of the Public Health
Service Act, 101 Stat. 992 (42 U.S.C. 2541-1).
Source: 54 FR 13462, Apr. 3, 1989, unless otherwise noted.
Sec. 62.21 What is the scope and purpose of the National Health Service Corps
Loan Repayment Program?
The regulations of this subpart apply to the award of health
professions educational loan payments under the National Health Service
Corps Loan Repayment Program authorized by section 338B of the Public
Health Service Act (42 U.S.C. 2541-1). The purpose of the Program is to
assure an adequate supply of trained health professionals for the
National Health Service Corps. These professionals will be assigned by
the Secretary to provide necessary health services to persons living in
designated health manpower shortage areas.
Sec. 62.22 Definitions.
The definitions in Sec. 62.2 of this part will apply for the
purpose of this subpart, except for the definition of approved graduate
training. The following definitions will also apply for purposes of this
subpart:
Approved graduate training means a program of graduate training in
allopathic or osteopathic medicine, dentistry or other health profession
which (a) leads to eligibility for board certification or which provides
other evidence of completion, (b) has been approved by the appropriate
health professions body as determined by the Secretary and (c) is in the
specialty or type of training specified by the Program participant in
the Loan Repayment Program Contract or, at the Program participant's
request and at the Secretary's option, is in a specialty or area of
training determined by the Secretary to be consistent with the needs of
the National Health Service Corps.
Commercial loans means loans made by banks, credit unions, savings
and loan associations, insurance companies, schools, and other financial
or credit institutions which are subject to examination and supervision
in their capacity as lenders by an agency of the United States or of the
State in which the lender has its principal place of business.
Educational expenses means the costs of the health professions
education, exclusive of the tuition, such as fees, books, supplies, and
educational equipment and materials.
Government loans means loans which are made by Federal, State,
county or city agencies which are authorized by law to make such loans.
Living expenses means the costs of room and board, transportation
and commuting costs and other costs incurred during an individual's
attendance at a health professions school.
Loan Repayment Program means the National Health Service Corps Loan
Repayment Program authorized by section 338B of the Act (42 U.S.C. 2541-
1).
Loan Repayment Program Contract means the agreement, which is signed
by an applicant and the Secretary, for the Loan Repayment Program
wherein the applicant agrees to accept repayment of health professions
educational loans and to serve in accordance with the provisions of
section 338B of the Act and this subpart for a prescribed period of
obligated service.
Medically underserved area means health manpower shortage area as
defined in Sec. 62.2.
[[Page 364]]
Program participant means an individual whose application to the
Loan Repayment Program has been approved and whose contract has been
accepted and signed by the Secretary.
Qualifying loans means government and commercial loans for actual
costs paid for tuition, reasonable educational expenses, and reasonable
living expenses relating to the obtainment of a degree in allopathic or
osteopathic medicine, dentistry, or other health profession. Such loans
must have documentation which is contemporaneous with the training
received in a health professions school. If health professions
educational loans are refinanced, the original documentation of the
loan(s) will be required to be submitted to the Secretary to establish
the contemporaneous nature of such loans.
Reasonable educational and living expenses means those educational
and living expenses which are equal to or less than the sum of the
school's estimated standard student budgets for educational and living
expenses for the degree program and for the year(s) during which the
Program participant is/was enrolled in the school. However, if the
school attended by the Program participant does/did not have a standard
student budget or if a Program participant requests repayment for
educational and living expenses which are in excess of the standard
student budgets described in the preceding sentence, the Program
participant must submit documentation, as required by the Secretary, to
substantiate the reasonableness of all educational and living expenses
incurred by the Program participant. To the extent that the Secretary
determines, upon review of the Program participant's documentation, that
all or a portion of the educational and living expenses are reasonable,
these expenses will qualify for repayment.
Sec. 62.23 How will individuals be selected to participate in the Loan
Repayment Program?
(a) In determining which applications from eligible individuals for
participation in the Loan Repayment Program will be accepted for
consideration, the Secretary will apply the following criteria:
(1) The extent to which an individual's training is in a health
profession or specialty determined by the Secretary to be needed by the
National Health Service Corps;
(2) The individual's commitment to serve in medically underserved
areas;
(3) The availability of the individual for service, with highest
consideration being given to individuals who will be available for
service at the earliest dates;
(4) The length of the individual's proposed service obligation, with
greatest consideration being given to persons who agree to serve for
longer periods of time; and
(5) The individual's academic standing, prior professional
experience in a health manpower shortage area, board certification,
residency achievements, peer recommendations, depth of past residency
practice experience and other criteria related to professional
competence or conduct.
(b) Among qualified applicants, the Secretary will give priority to
applications from individuals whose health professions or specialties
are most needed by the NHSC and who are, in the Secretary's judgement,
most committed to practice in medically underserved areas.
(c) By notice published in the Federal Register from time to time,
the Secretary will specify the professions and specialties most needed
by the National Health Service Corps.
Sec. 62.24 Who is eligible to apply for the Loan Repayment Program?
(a) To be eligible to participate in the Loan Repayment Program an
individual must:
(1)(i) Be enrolled as a full-time student in the final year of a
course of study or program approved by the Secretary which leads to a
degree in allopathic or osteopathic medicine, dentistry or other health
profession and which is offered by an accredited school in a State or
(ii) Be enrolled in an approved graduate training program in
allopathic or osteopathic medicine or dentistry or other health
profession in a State, or
(iii) Have a degree in allopathic or osteopathic medicine or
dentistry or
[[Page 365]]
other health profession and have completed an approved graduate training
program in a State (or received a waiver of the completion requirement
under Sec. 62.26(d) of this subpart) and have a current and valid
license to practice such health profession in a State;
(2) Be eligible for, or hold, an appointment as a commissioned
officer in the Regular or Reserve Corps of the Public Health Service or
be eligible for selection for civilian service in the National Health
Service Corps;
(3) Submit an application to participate in the Loan Repayment
Program; and
(4) Sign and submit to the Secretary, at the time of the submission
of such application, a written contract agreeing to accept repayment of
health professions educational loans and to serve (in accordance with
this subpart) for the applicable period of obligated service in a health
manpower shortage area as determined by the Secretary.
(b) Any individual who owes an obligation for health professional
service to the Federal Government or a State or other entity under an
agreement with such Federal, State or other entity is ineligible for the
Loan Repayment Program unless such obligation will be completely
satisfied prior to the beginning of service under this Program.
(c) Individuals in breach of a written contract entered into under
section 338A of the Act and liable to the United States under section
338E(b) of the Act, in breach of a written contract entered into under
section 225 of the Act (as in effect on September 30, 1977) and liable
to the United States under section 225(f)(1) of the Act (as in effect on
September 30, 1977) or in breach of any other obligation for health
professional service to a Federal, State or local government entity are
not eligible for participation in the Loan Repayment Program.
(Approved by the Office of Management and Budget under control number
0915-0127)
Sec. 62.25 What does the Loan Repayment Program provide?
(a) Loan repayment. For each year of service the individual agrees
to serve, with a minimum of 2 years of obligated service, the Secretary
may pay:
(1) Except as provided in paragraph (a)(2) of this section, up to
$20,000 per year of a Program participant's qualifying loans or
(2) Up to $25,000 per year for a Program participant's qualifying
loans if the Program participant agrees to provide obligated service in
the Indian Health Service or a health facility or program operated by a
tribe or tribal organization under the Indian Self-Determination Act.
The Secretary may establish different levels of annual loan repayment to
encourage Program participants to serve in a manner which is in the best
interest of the Loan Repayment Program. No loan repayments will be made
for any professional practice performed prior to the effective date of
the Loan Repayment Program Contract. Once a loan repayment contract has
been signed by both parties, the Secretary will obligate such funds as
will be necessary to ensure that sufficient funds will be available to
make loan repayments for the duration of the period of obligated
service.
(b) Site visit. The Secretary may reimburse an individual for the
actual and reasonable travel expenses associated with one trip from the
individual's residence to a site for the purpose of evaluating such site
for service under the Loan Repayment Program.
(c) Tax liability payments. The Secretary may, upon a Program
participant's written request, make payments in a reasonable amount, as
determined by the Secretary, to reimburse the Program participant for
all or part of the increased Federal, State and local tax liability
resulting from loan repayments received under the Loan Repayment
Program. To maximize the Federal resources available for placing
participants in HMSAs, supplementary payments for increased tax
liability will only be made under unusual circumstances, and in no cases
will these tax liability payments exceed 20% of the annual amounts of
the loans being repaid. Program participants wishing to receive tax
liability payments must submit their requests for such payments in a
manner prescribed by the Secretary and must provide the Secretary with
any documentation the Secretary determines is necessary to
[[Page 366]]
establish a Program participant's increased tax liability. The Secretary
will determine, based on the availability of funds and such other
factors as the Secretary determines, the amounts of any such payments
that may be made.
(Information collection requirements contained in paragraph (c) were
approved by the Office of Management and Budget under control number
0915-0131)
[54 FR 13462, Apr. 3, 1989, as amended at 57 FR 56996, Dec. 2, 1992]
Sec. 62.26 What does an individual have to do in return for loan repayments
received under the Loan Repayment Program?
(a) A Program participant whose eligibility for the Loan Repayment
Program is based on Sec. 62.24(a)(1)(i) of this subpart must maintain
full-time enrollment, at an acceptable level of academic standing, in
that course of study until its completion. Upon completion of that
course of study, a Program participant who received a degree in
allopathic or osteopathic medicine must enter approved graduate training
and a Program participant who received a degree in a health profession
other than allopathic or osteopathic medicine may enter approved
graduate training. Once a Program participant enters approved graduate
training, he or she must also meet the requirements set forth in
paragraphs (b) (1), (2), (3), and (4) of this section. If a Program
participant who received a degree in a health profession other than
allopathic or osteopathic medicine does not enter approved graduate
training; service, in accordance with paragraph (e) of this section,
must commence as soon as possible upon the Program participant's
completion of the course of study leading to his or her health
professions degree.
(b) A Program participant whose eligibility for the Loan Repayment
Program is based on Sec. 62.24(a)(1)(ii) of this subpart must: (1)
Continue in his or her approved graduate training program at an
acceptable level of academic standing; (2) provide the Secretary with
annual documentation of continued participation in that approved
graduate training program at an acceptable level of academic standing;
(3) successfully complete that approved graduate training program; and
(4) commence service, in accordance with paragraph (e) of this section,
as soon as possible upon completion of approved graduate training.
(c) A Program participant whose eligibility for the Loan Repayment
Program is based on Sec. 62.24(a)(1)(iii) of this subpart must commence
service, in accordance with paragraph (e) of this section, as soon as
possible after the effective date of the Loan Repayment Program
Contract.
(d) If a Program participant fails to complete approved graduate
training, the Secretary may, on his or her own initiative or at the
Program participant's request, waive, for good cause, the completion
requirement. Good cause will be deemed to exist if the Secretary
determines that the Program participant has sufficient health
professions training to be utilized by and make a substantial
contribution to the National Health Service Corps. If waiver of the
completion requirement in paragraph (b) of this section is granted;
service, in accordance with paragraph (e) of this section, must commence
as soon as possible after the granting of the waiver.
(e) Except for Program participants who fail to complete their
course of study leading to a health professions degree or who fail to
complete approved graduate training and do not receive a waiver pursuant
to paragraph (d) of this section, each program participant must:
(1) Serve in a health manpower shortage area to which he or she is
assigned by the Secretary as a member of the National Health Service
Corps or serve pursuant to section 338D of the Act in a health manpower
shortage area selected by the Secretary and
(2) Accept employment in a full-time clinical practice of the
Program participant's profession, as
(i) A commissioned officer in the Regular or Reserve Corps of the
Public Health Service,
(ii) A civilian member of the National Health Service Corps who is
an employee of the United States,
(iii) A member of the National Health Service Corps who is not an
employee of the United States, or
[[Page 367]]
(iv) A private practitioner who is providing obligated service under
the provisions of section 338D of the Act.
(f) The minimum length of obligated service is two years, or such
longer period as the Program participant may agree to. The maximum
length of obligated service is four years. If a Program participant
agrees to an original contract of two or three years, such contract may
be extended, subject to the availability of appropriated funding, for
one year or two years (up to the four-year maximum). A one-year
extension will not reactivate the statutory minimum requirement of two
years of service.
(Information collection requirements contained in paragraph (b)(2) were
approved by the Office of Management and Budget under control number
0915-0131)
Sec. 62.27 What will happen if an individual does not comply with the terms
and conditions of participation in the Loan Repayment Program?
Program participants who default on their Loan Repayment Program
Contracts will be subject to the applicable monetary payment provisions
set forth at section 338E of the Act. Payment of any amount owed under
section 338E of the Act shall be made within one year of the date the
participant breached his or her Loan Repayment Contract, as determined
by the Secretary.
Sec. 62.28 Under what circumstances can the service or payment obligation be
canceled, waived or suspended?
A service or payment obligation under the Loan Repayment Program
will be canceled or may be waived or suspended as provided in Sec.
62.12 of this part of the regulations.
Sec. 62.29 Under what circumstances can the Loan Repayment Program obligation
be discharged in bankruptcy?
Any payment obligation incurred under Sec. 62.27 of this subpart
may be released by a discharge in bankruptcy under title 11 of the
United States Code only if such discharge is granted after the
expiration of the five-year period beginning on the first date that
payment was required, and only if the bankruptcy court finds that
nondischarge of the obligation would be unconscionable.
Sec. 62.30 What other regulations and statutes apply?
Other regulations and statutes which apply to this subpart include
but are not limited to:
Debt Collection Act of 1982, Pub. L. 97-365 (5 U.S.C. 5514) including
Section 4, Requirement that Applicant Furnish Taxpayer Identifying
Number;
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
Privacy Act of 1974 (5 U.S.C. 552a);
Section 215(a) of the Public Health Service Act, as amended (42 U.S.C.
216(a)), for PHS commissioned officers, and 5 U.S.C. 3301 for civil
service employees both of which authorize verification of an
individual's suitability for employment;
Privacy Act of 1974; Alteration of System of Records, 52 FR 21622-21627,
June 8, 1987, regarding the collection, maintenance and allowable use of
personal information requested from program applicants.
Subpart C_Grants for State Loan Repayment Programs
Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 690
as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 338H of the Public Health
Service Act, 101 Stat. 999 (42 U.S.C. 254q-1).
Source: 54 FR 13464, Apr. 3, 1989, unless otherwise noted.
Sec. 62.51 What is the scope and purpose of the State Loan Repayment Program?
The regulations of this subpart apply to the award of grants
authorized by section 338H of the Public Health Service Act (42 U.S.C.
254q-1) to support the establishment of State programs similar to the
National Health Service Corps Loan Repayment Program authorized by
section 338B of the Public Health Service Act (42 U.S.C. 2541-1). The
purpose of this program is to improve the delivery of health services in
medically underserved areas.
Sec. 62.52 Definitions.
In addition to the definitions in Sec. 62.2 of this part, the
following definitions will apply for purposes of this subpart:
The definitions of Qualifying loans, Commercial loans, Government
loans,
[[Page 368]]
Educational expenses, and Living expenses as contained in Sec. 62.22 of
this part will apply for purposes of this subpart.
Medically underserved area means health manpower shortage area or an
area which has been designated by a State pursuant to standards
described in Sec. 62.54(b)(1) of this subpart which the Secretary has
deemed acceptable.
State Loan Repayment Program or program means a State loan repayment
program authorized under section 338H (42 U.S.C. 254q-1) of the Act.
Sec. 62.53 Who is eligible for this program?
Any State is eligible to apply for a grant under this subpart.
Sec. 62.54 What must applications for the State Loan Repayment Program
contain?
(a) An application for a grant under this subpart shall be submitted
to the Secretary at such time and in such form and manner as the
Secretary requires.
(b) The application shall contain a budget and narrative statement
describing the manner in which the applicant intends to conduct the
project and carry out the requirements of this subpart. In addition,
applications must include:
(1) A description of the State's standards for the designation of
medically underserved areas, except that no description of designation
standards will be required if the State elects to use health manpower
shortage areas designated by the Secretary;
(2) An assessment of the need and demand in medically underserved
areas within the State for health professions manpower with special
emphasis on individuals whose training is in a health profession or
specialty identified by the Secretary pursuant to Sec. 62.23(b) of this
part. This assessment should include such demographic indicators of the
need as the economic accessibility of health care services in the State
as measured by poverty levels, the percentage of the service area
population without health insurance, and the health status of the
population as measured by the rates of infant mortality, low birth
weight, geographic barriers and other indicators;
(3) A proposal for the placement of the health profession providers
in medically underserved areas with the greatest need and demand in
accordance with the need/demand assessment completed in compliance with
paragraph (b)(2) of this section;
(4) Adequate assurances that sufficient current year State funds are
available to cover the non-Federal share of State Loan Repayment Program
costs;
(5) A description of how the program would meet the requirements of
Sec. 62.55 to demonstrate its similarity to the NHSC Loan Repayment
program;
(6) A description of the source of, and plans for the use of, State
matching funds;
(7) A description of how the program would be coordinated with
Federal, State and other organized activities within the State which
relate to health manpower services and resources;
(8) Identification of the State entity and key personnel who would
administer the grant and a description of the qualifications and
experience of that entity and its personnel concerning the State's
health service delivery system and health manpower needs;
(9) A description of the State's plans for administration of the
State's Loan Repayment Program which may include such provisions as
annual levels of loan repayment to be made under the program, the number
of health professionals to be funded, the frequency and timing of the
loan repayments, program incentives for longer periods of service,
procedures for monitoring the service of program participants and
placing professionals in default for failure to complete their service
obligation, penalties for default, provisions for waivers and
suspensions, and a description of the contract/obligation process to be
used by the State to obligate individuals receiving State loan
repayments;
(10) A description of the State's need for Federal assistance in
obtaining health professions resources and demonstrated inability to
obtain such resources without Federal assistance;
(11) A description of how the State will accord special
consideration to
[[Page 369]]
medically underserved areas with large minority populations; and
(12) The signature of an individual authorized to act for the State
and to assume on behalf of the State the obligations imposed by the
statute, the applicable regulations of this subpart and any additional
conditions of the grant.
(Approved by the Office of Management and Budget under control number
0915-0131)
Sec. 62.55 What State Program Elements are required to ensure similarity with
the NHSC Loan Repayment Program?
A State Loan Repayment Program supported under this subpart must:
(a) Establish priorities for loan repayment applicants consistent
with the provisions of Sec. 62.23 of this part;
(b) Contract only with a person who is (1) enrolled as a full-time
student in the final year of a course of study or program in an
accredited school in a State leading to a degree in allopathic or
osteopathic medicine, dentistry or other health profession, or (2)
enrolled in an accredited graduate training program in a State in
allopathic or osteopathic medicine or dentistry or other health
profession, or (3) a practitioner licensed by a State who has completed
training in an accredited graduate training program in allopathic or
osteopathic medicine, dentistry or other health profession;
(c) Provide that health professionals participating in a State Loan
Repayment Program shall:
(1) Serve for at least 2 years in a medically underserved area
identified pursuant to Sec. 62.54(b)(3) of this subpart in the full-
time clinical practice of their profession,
(2) Charge for his or her professional services at the usual and
customary rate prevailing in the area in which such services are
provided, except that if a person is unable to pay such charge, such
person shall be charged at a reduced rate or not charged any fee,
(3) In providing health services, not discriminate against any
person on the basis of such person's ability to pay for such services or
because payment for the health services provided to such person will be
made under the insurance program established under part A or B of title
XVIII of the Social Security Act or under a State plan for medical
assistance approved under title XIX of such Act, and
(4) Agree to accept an assignment under section 1842(b)(3)(B)(ii) of
such Act for all services for which payment may be made under part B of
title XVIII of such Act and enter into an appropriate agreement with the
State agency which administers the State plan for medical assistance
under title XIX of such Act to provide service to individuals entitled
to medical assistance under the plan;
(d) Repay qualifying loans for participating health professionals;
(e) Provide that the loans of health professionals will be repaid on
a periodic basis after the receipt of obligated services by such
participant for such period; and
Sec. 62.56 How are the Federal grant funds and State matching funds to be
used under this program?
The Federal share of any program shall not exceed 75 percent of the
cost of the approved State program. The Federal share must be used to
repay the qualifying loans of health professionals. No portion of the
Federal share shall be used to pay for administrative costs of any State
Loan Repayment Program. The State's share of the program may be used to
repay qualifying loans of health professionals or administrative costs
of the State's Loan Repayment Program, or a combination of both. All
program administrative costs are to be borne by the State. No portion of
the State's share of the program shall consist of Federal funds.
Sec. 62.57 How will States be selected to participate in this program?
Within the limits of funds available under section 338H of the Act,
the Secretary may award grants to State applicants whose proposed Loan
Repayment Programs will, in his or her judgment, best promote the
purposes of section 338H of the Act, taking into account, among other
pertinent factors:
(a) The need of the State for health professions manpower;
(b) The number and type of providers the State proposes to support
through this program;
[[Page 370]]
(c) The acceptableness of the State's standards for the designation
of medically underserved areas and the appropriateness of the proposed
placements of obligated providers;
(d) The degree of similarity between the proposed State Loan
Repayment Program and the National Health Service Corps Loan Repayment
Program;
(e) The adequacy of the qualifications, the administrative and
managerial ability and the experience of the State staff to administer
and carry out the proposed project;
(f) The suitability of the applicant's approach and the degree to
which the applicant's project is coordinated with Federal, State and
other organized activities for meeting the State's health professions
manpower needs and resources, including mechanisms for an ongoing
evaluation of the program's activities;
(g) The source and plans for use of the State match (including the
percentage of the State's match that is proposed to be used for loan
repayments), the degree to which the State match exceeds 25% or has
increased over time, and the amount of the match relative to the needs
and resources of the States; and
(h) The extent to which special consideration will be extended to
medically underserved areas with large minority populations.
Sec. 62.58 What other regulations apply?
Other regulations which apply to this subpart include but are not
limited to:
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services-
Effectuation of title VI of the Civil Rights Act of 1964
45 CFR part 81--Practice and procedure for hearings under part 80 of
this title
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance
45 CFR part 86--Nondiscrimination on the basis of sex in programs and
activities receiving or benefiting from Federal financial assistance
45 CFR part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance
45 CFR part 50--Policies of general applicability: Subpart D--Public
Health Service grant appeals procedure
45 CFR part 16--Procedures of the Departmental Grant Appeals Board
45 CFR part 74--Administration of grants
45 CFR part 75--Informal grant appeals procedures
45 CFR part 92--Administrative Requirements for grants and cooperative
agreements to State and local governments (effective October 1, 1988)
Subpart D_Special Repayment Program
Authority: Sec. 215 of the Public Health Service Act 58 Stat. 690,
as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 204, Pub. L. 100-177, 101
Stat. 1000.
Source: 56 FR 56597, Nov. 6, 1991, unless otherwise noted.
Sec. 62.71 What is the scope and purpose of the Special Repayment Program?
These regulations apply to the Special Repayment Program authorized
under section 204 of Pub. L. 100-177, which provides a time-limited
opportunity for persons who were, on November 1, 1987, in breach of a
written contract under the Public Health and National Health Service
Corps Scholarship Training Program or the National Health Service Corps
Scholarship Program to satisfy their scholarship obligations through
full-time clinical service. These regulations do not apply to any Public
Health and National Health Service Corps Scholarship Training Program or
National Health Service Corps Scholarship Program obligation which the
Secretary has determined was completely satisfied through service or
monetary payment prior to November 1, 1987. The purpose of this program
is to supply trained health professionals for the National Health
Service Corps, which is used by the Secretary to improve the delivery of
health services in health manpower shortage areas.
Sec. 62.72 Definitions.
In addition to the definitions in Sec. 62.2 of this part, the
following definitions will apply for purposes of this subpart:
Eligible defaulters means those individuals who, as of November 1,
1987, were:
(1) In breach of a written contract entered into under section 338A
of the Act and liable to the United States
[[Page 371]]
under section 338E(b) of the Act and/or in breach of a written contract
entered into under section 225 of the Act (as in effect on September 30,
1977) and liable to the United States under section 225(f)(1) of the Act
(as in effect on September 30, 1977); and
(2) Not already serving their obligations on December 1, 1987, under
a judgment, forbearance agreement, or other written agreement to serve.
HPOL means the Health Manpower Shortage Area Placement Opportunity
List described in section 204(b) of Pub. L. 100-177.
Match means that the Secretary has received documentation of:
(1) An offer of employment from a HPOL or SHPOL site which specifies
at least the agreed upon salary and start date; and
(2) The Program participant's acceptance of that offer. Provided,
however, that if the Program participant would be self-employed, a match
means that the Secretary has approved a program participant's private
practice option application under section 338D(a) of the Act.
Prior approved service means service performed prior to a Program
participant's service start date under the Special Repayment Program:
(1) As a member of the National Health Service Corps pursuant to an
assignment by the Secretary under section 333 of the Act;
(2) Under a written private practice option agreement signed by the
Secretary pursuant to section 338D of the Act; or
(3) In compliance with section 338C(e) of the Act.
Program participant means an eligible defaulter whose contract under
section 204 of Pub. L. 100-177 has been accepted and signed by the
Secretary.
Scholarship amount means the sum of any amounts paid to, or on the
behalf of, a scholarship recipient under the PH/NHSC Scholarship
Training Program and/or the Scholarship Program.
SHPOL means the Supplemental Health Manpower Shortage Area Placement
Opportunity List described in section 204(d) of Pub. L. 100-177.
Special Repayment Program or Program means the program authorized by
section 204 of Pub. L. 100-177.
Total debt means the debt that would be owed by a Program
participant under section 225(f)(1) of the Act, as in effect on
September 30, 1977, and/or section 338E(b) of the Act, as if no payments
had been made on the debt.
Sec. 62.73 What are the procedures for participation in the Special Repayment
Program?
(a) Notice of eligibility for participation in the program. On or
before February 29, 1988, the Secretary will, subject to paragraph (h)
of this section, send written notice to each eligible defaulter of the
opportunity provided under this Program. The notice will be sent to the
last known address of each eligible defaulter and will describe the
special repayment options available under the Program.
(b) Selection of repayment method. On or before May 29, 1988,
eligible defaulters who wish to participate in this Program must sign
and submit to the Secretary a written contract to provide service in
accordance with either section 204(b) or section 204(c) of Pub. L. 100-
177. The election between section 204(b) and section 204(c) of Pub. L.
100-177 is binding on the eligible defaulters.
(c) Service sites. Program participants will receive a listing of
approved sites appropriate to the service option they have selected.
Program participants electing service under section 204(b) of Pub. L.
100-177 will receive a HPOL. Program participants electing service under
section 204(c) of Pub. L. 100-177 will receive a SHPOL. The HPOL or
SHPOL sent to the Program participant will be specific to the Program
participant's profession and his or her specialty training which is most
needed by the National Health Service Corps. The Secretary is not
required to identify placements for Program participants in a medical
specialty for which the National Health service Corps has no need.
(d) Time frames for matching and commencing service. If a program
participant electing to serve under section 204(b) of Pub. L. 100-177
chooses to serve at a remaining site on the 1988 HPOL, such participant
must match to a site and must begin serving at the site by October 1,
1988. If a Program
[[Page 372]]
participant electing to serve under section 204(b) of Pub. L. 100-177
chooses to serve at a site on the 1989 HPOL, such participant must match
to a HPOL site by February 15, 1989, and must begin service at the site
by October 1, 1989. If a Program participant has elected to serve under
section 204(c) of Pub. L. 100-177, such participant must match to a
SHPOL site by May 15, 1989, and must begin service at that site by
October 1, 1989.
(e) Site visits. The Program participant is responsible for the
costs of any site visit(s) and any other contact with the site to obtain
employment at the site.
(f) Effect of failure to meet established time frames. If a Program
participant does not match to a site or begin service at that site
within the time frames described in paragraph (d) of this section, the
Secretary will determine that such individual is not relieved of his or
her liability to the United States under the PH/NHSC Scholarship
Training Program and/or Scholarship Program (including accrued interest
and/or damages).
(g) Service. Service must be performed in accordance with subpart II
of part D of title III of the Act. Service credit will begin after a
Program participant has matched to a HPOL or SHPOL site and has
commenced service at that site in accordance with subpart II of part D
of title III of the Act.
(h) Secretary's exclusion authority. The Secretary is authorized, at
any time, to deny or terminate an individual's participation in the
Program for reasons related to the individual's professional competence
or conduct.
Sec. 62.74 How much credit will a Program participant receive for monetary
repayments made, or for approved service performed, before beginning service
under the Special Repayment Program?
(a) Prior approved service performed by a Program participant will
be credited to the Program participant for the purpose of calculating
the Program participant's remaining service obligation under this
Program. Thus, the Program participant's remaining service obligation
will be calculated by subtracting the number of days of the Program
participant's prior approved service from the number of days of the
Program participant's original service obligation under the PH/NHSC
Scholarship Training Program and/or the Scholarship Program. If a
Program participant has made monetary payments, his or her remaining
service obligation will be reduced by converting the monetary payments
into days of service credit as set forth in paragraph (b) or (c) of this
section, whichever is applicable.
(b) Program participants who elect to serve pursuant to section
204(b) and section 204(c)(2) of Pub. L. 100-177, will not receive a
refund of any amounts previously paid but will receive service credit
for those payments as follows:
(1) The number of days of service credit will be calculated by
dividing the total amount paid by the Program participant prior to the
Program participant's service start date by the total debt as of the
service start date and multiplying the result of that division by the
number of days of the participant's remaining service obligation (as
determined by the formula set forth in the second sentence of paragraph
(a) of this section).
(2) If the Program participant defaults on a contract under this
Program, prior monetary payments will not be credited to service but
will be applied to the monetary debt owed by the Program participant.
(c) Program participants who elect to serve under section 204(c)(1)
of Pub. L. 100-177 must pay an amount equal to the scholarship amount.
Any amounts paid by the Program participant prior to or after entry into
the Program, in accordance with Sec. 62.76 of this subpart, will be
used to reduce the Program participant's financial obligation incurred
under section 204(c)(1) of Pub. L. 100-177. In some cases, the amounts
paid before or after entry into the Program will exceed the scholarship
amount. These payments in excess of the scholarship amount will be
converted into days of service credit under the formula set forth in
paragraph (b)(1) of this section. If a Program participant defaults on a
contract under this option, the monies paid in excess of the scholarship
amount will not be credited to service but will be credited toward the
monetary debt owed by the
[[Page 373]]
Program participant under section 338E(b) of the Act or section
225(f)(1) of the Act, as in effect on September 30, 1977. The
scholarship amount paid upon entering this option will be forfeited.
Sec. 62.75 Will individuals serving under the Special Repayment Program
receive credit for partial service?
(a) With respect to obligations under the Scholarship Program, a
credit will be allowed for partial service under the Special Repayment
Program and will result in a reduction of the Program participant's
financial obligation in accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TC13NO91.003
In which:
`A' is the amount the United States is entitled to recover;
`0' is the sum of the amounts paid to or on behalf of the Program
participant under the Scholarship Program and the interest on such
amounts which would be payable if, at the time the amounts were paid,
they were loans bearing interest at the maximum legal prevailing rate,
as determined by the Treasurer of the United States;
`t' is the sum of (1) the number of months of prior approved service
plus (2) the number of months of the Program participant's period of
obligated service under the Program including any additional months of
service incurred pursuant to section 204(c)(2) of Pub. L. 100-177;
`s' is the number of months of prior approved service performed by the
Program participant before commencing service under this Program; and
`r' is the number of months of service performed by the Program
participant in compliance with this Program.
However, where a judgment has been entered against a Program
participant, the formula will be revised such that:
`30' is the amount of the judgment representing the Program
participant's liability under the Scholarship Program, including any
accrued post judgment interest and excluding any monetary payments on
the judgment which may have been made by the Program participant;
`t' is the sum of (1) the number of months of prior approved service
performed by the Program participant after entry of the judgment but
before commencing service under this Program plus (2) the number of
months of the Program participant's period of obligated service under
the Program including any additional months of service incurred pursuant
to section 204(c)(2) of Pub. L. 100-177; and
`s' is the number of months of prior approved service performed by the
Program participant after the entry of the judgment but before
commencing service under this Program.
(b) With respect to obligations under the PH/NHSC Scholarship
Training Program, if a Program participant fails to complete the period
of obligated service under the Program (including any additional months
of service incurred pursuant to section 204(c)(1) of Pub. L. 100-177),
no credit for partial service under this Program will be allowed.
(c) Where participants have obligations under both the Scholarship
Program and the PH/NHSC Scholarship Training Program, credit for service
will be applied against the scholarship obligations in the order in
which they were incurred.
Sec. 62.76 How will amounts of money due under the option under section
204(c)(1) of Public Law 100-177 be required to be repaid?
Program participants who elect to serve under section 204(c)(1) of
Pub. L. 100-177 will be required to pay the full scholarship amount at
least 60 days prior to the service start date specified in the
documentation submitted to the Secretary.
PART 63_TRAINEESHIPS--Table of Contents
Sec.
63.1 To what programs do these regulations apply?
63.2 Definitions.
63.3 What is the purpose of traineeships?
63.4 What are the minimum qualifications for awards?
63.5 How will NIH make awards?
63.6 How to apply.
63.7 What are the benefits of awards?
63.8 What are the terms and conditions of awards?
63.9 How may NIH terminate awards?
63.10 Other HHS regulations and policies that apply.
Authority: 42 U.S.C. 216, 282(b)(13), 284(b)(1)(C), 285a-2(b)(3),
286b-3, 287c-21(a).
Source: 60 FR 10719, Feb. 27, 1995, unless otherwise noted.
[[Page 374]]
Sec. 63.1 To what programs do these regulations apply?
(a) The regulations in this part apply to research traineeships
awarded by the Director, NIH, each director of a national research
institute of NIH, the Director of the National Library of Medicine, and
the Director of the National Center for Complementary and Alternative
Medicine, or their designees, pursuant to sections 402(b)(13),
405(b)(1)(C), 413(b)(3), 472, and 485(D)(a) of the Act, respectively.
(b) The regulations of this part do not apply to research training
under the National Research Service Award Program governed by 42 CFR
part 66 or to the Mental Health Traineeship Program governed by 42 CFR
part 64a.
(c) Except as otherwise permitted under section 413(b)(3) of the
Act, the regulations of this part do not apply to residency training of
physicians or other health professionals.
[65 FR 66512, Nov. 6, 2000]
Sec. 63.2 Definitions.
As used in this part:
Act means the Public Health Service Act, as amended (42 U.S.C. 201
et seq.).
Award means an award of funds under sections 402(b)(13),
405(b)(1)(C), 413(b)(3), 472, 485D(a), or other sections of the Act
which authorize research training or traineeships.
Awardee means an individual awarded a traineeship under sections
402(b)(13), 405(b)(1)(C), 413(b)(3), 472, 485D(a), or other sections of
the Act which authorize research training or traineeships.
Director means the Director, NIH, the director of a national
research institute of NIH, the Director of the National Library of
Medicine, and the Director of the National Center for Complementary and
Alternative Medicine, or any official of NIH to whom the authority
involved has been delegated.
HHS means the Department of Health and Human Services.
Misconduct in science shall have the same meaning as prescribed in
Sec. 50.102 of this chapter.
NIH means the National Institutes of Health.
PHS means the Public Health Service.
Traineeship means an award under the regulations of this part to a
qualified individual for that person's subsistence and other expenses
during the period that person is participating in the research training
approved under the award.
[60 FR 10719, Feb. 27, 1995, as amended at 65 FR 66513, Nov. 6, 2000]
Sec. 63.3 What is the purpose of traineeships?
The purpose of an NIH research traineeship is to provide support for
financial subsistence to an individual during a period in which the
awardee is acquiring training in:
(a) Basic and/or clinical biomedical or behavioral research relating
to human health, including extending healthy life and reducing the
burdens of illness, or
(b) Medical library science or related fields pertaining to sciences
related to health or the communication of health sciences information.
Traineeships are intended to make available in the United States an
increased number of persons having special competence in these research
fields through developmental training and practical research experience
in the facilities of NIH, with supplemental training at other qualified
institutions (see Sec. 63.8(a)).
Sec. 63.4 What are the minimum qualifications for awards?
Minimum qualifications for any traineeship shall be established by
the Director and shall be uniformly applicable to all applicants in each
traineeship program. These minimum qualifications may include
requirements as to citizenship, medical standards, academic degrees,
professional or other training or experience, and other factors as may
be necessary to the fulfillment of the purpose of the traineeship. The
Director may, as a matter of general policy or, in individual cases,
waive compliance with any minimum qualification so established to the
extent that the applicant or applicants have substantially equivalent
qualifications or have such special training, experience or opportunity
for service as to make an award
[[Page 375]]
particularly appropriate, and to the extent the Director finds it is
consistent with the fulfillment of the purpose of the traineeship.
Sec. 63.5 How will NIH make awards?
Subject to the regulations of this part, the Director may award
traineeships to those qualified applicants who are best able in that
official's judgment to carry out the purpose of the traineeships. These
awards may be made for a period of one (1) year or other period,
including extensions or renewals, as may be specified.
Sec. 63.6 How to apply.
(a) Application for a traineeship shall be made in writing as
prescribed by the Director.
(b) In addition to other pertinent information, the Director may
require each applicant to submit the following information:
(1) Certification of the applicant's citizenship status;
(2) The applicant's educational background and other qualifications
and experience, including previous academic and professional degrees, if
any; and
(3) The subject area of the proposed training.
(c) By applying, eligible individuals agree to abide by HHS, PHS,
and NIH regulations, and the terms and conditions of the traineeship
award which may require compliance with policies and procedures that
apply to the proper conduct of research, such as research involving
human and animal subjects, patient care, hospital and laboratory
procedures, handling of confidential information, and outside
employment.
Sec. 63.7 What are the benefits of awards?
(a) Subject to the availability of funds, each individual awarded a
traineeship may receive a stipend fixed in an amount determined by the
Director.
(b) Additional allowances and benefits may be authorized by and at
the discretion of the Director, taking into account the cost of living
and other factors such as the requirements of the training program and
availability of discretionary funds. Discretionary allowances and
benefits may include: health benefits coverage; dependents' allowance;
travel to pre-award interviews, to first duty station, and return to the
place of origin upon conclusion of the traineeship; tuition and
institution fees; and other specific costs as may be necessary to
fulfill the purpose of the training program.
Sec. 63.8 What are the terms and conditions of awards?
All traineeships shall be subject to the following terms and
conditions:
(a) Training must be carried out at a facility of the NIH, but may
be supplemented by additional training acquired at another institution
which is found by the Director to be directly related to the purpose of
the traineeship and necessary to its successful completion.
(b) Payments shall be made to the awardee or to the institution for
payment to the awardee in accordance with payment schedules as
prescribed by the Director for each traineeship program.
(c) The awardee shall reimburse NIH for any overpayment of stipends
or other allowances because of early termination of the traineeship or
any other reason, unless waived for good cause shown by the awardee.
(d) The Director may establish procedures and requirements
applicable to traineeship awards, consistent with the regulations in
this part, regarding: (1) The proper conduct of research investigations,
including research involving human and animal subjects; (2) patient
care; (3) hospital and laboratory procedures; (4) handling of
confidential information; (5) outside employment; and (6) additional
conditions the Director finds necessary to fulfill the purpose of the
traineeship.
(e) The awardee shall sign an agreement to comply with the terms and
conditions of the traineeship.
Sec. 63.9 How may NIH terminate awards?
The Director may terminate a traineeship at any time:
(a) Upon written request of the awardee; or
(b) If it is determined that the awardee has committed misconduct in
science, is ineligible, or has materially failed to comply with the
terms and
[[Page 376]]
conditions of the award or to carry out the purpose for which the award
was made; or
(c) If the awardee is convicted of a felony, or an offense involving
any illegal drug or substance, or any offense involving a lack of
financial integrity or business honesty; or
(d) Because of programmatic changes or lack of funds.
[65 FR 66513, Nov. 6, 2000]
Sec. 63.10 Other HHS regulations and policies that apply.
Several other policies and regulations apply to awards under this
part. These include, but are not necessarily limited to:
45 CFR part 46--Protection of human subjects.
45 CFR part 76--Governmentwide debarment and suspension (nonprocurement)
and governmentwide requirements for drug-free workplace (grants).
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services--
effectuation of title VI of the Civil Rights Act of 1964.
45 CFR part 81--Practice and procedure for hearings under part 80 of
this title.
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving Federal financial assistance.
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance.
45 CFR part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance.
59 FR 14508 (March 28, 1994)--NIH Guidelines on the Inclusion of Women
and Minorities as Subjects in Clinical Research. (Note: Interested
persons should contact the Office of Research on Women's Health, NIH,
Room 201, Building 1, MSC 0161, Bethesda, MD 20892-0161; telephone 301-
402-1770 (not a toll-free number) to obtain copies of this policy.)
59 FR 34496 (July 5, 1994)--NIH Guidelines for Research Involving
Recombinant DNA Molecules. (Note: Interested persons should contact the
Office of Biotechnology Activities, NIH, Suite 323, 6000 Executive
Boulevard, MSC 7010, Bethesda, MD 20892-7010; telephone 301-496-9838
(not a toll-free number) to obtain copies of the policy.)
``Public Health Service Policy on Humane Care and Use of Laboratory
Animals'' (Revised September 1986), Office of Laboratory Animal Welfare,
NIH. (Note: Interested persons should contact the Office of Laboratory
Animal Welfare, NIH, Rockledge Building I, 6705 Rockledge Drive, Suite
1050, MSC 7982, Bethesda, MD 20892-7982; telephone 301-496-7163 (not a
toll-free number) to obtain copies of the policy.)
[60 FR 10719, Feb. 27, 1995, as amended at 65 FR 66513, Nov. 6, 2000]
PART 63a_NATIONAL INSTITUTES OF HEALTH TRAINING GRANTS--Table of Contents
Sec.
63a.1 To what programs do these regulations apply?
63a.2 Definitions.
63a.3 What is the purpose of training grants?
63a.4 Who is eligible for a training grant?
63a.5 How to apply for a training grant.
63a.6 How are training grant applications evaluated?
63a.7 Awards.
63a.8 How long does grant support last?
63a.9 What are the terms and conditions of awards?
63a.10 How may training grant funds be spent?
63a.11 Other HHS regulations and policies that apply.
Authority: 42 U.S.C. 216, 2421(b)(3), 284(b)(1)(C), 285g-10,
287c(b), 300cc-15(a)(1), 300cc-41(a)(3)(C), 7403(h)(2).
Source: 61 FR 55111, Oct. 24, 1996, unless otherwise noted.
Sec. 63a.1 To what programs do these regulations apply?
(a) The regulations of this part apply to:
(1) Grants awarded by the John E. Fogarty International Center for
Advanced Study in the Health Sciences, NIH, for training in
international cooperative biomedical research endeavors, as authorized
under section 307(b)(3) of the Act;
(2) Grants awarded by NIH for research training with respect to the
human diseases, disorders, or other aspects of human health or
biomedical research for which the institute or other awarding component
was established, for which fellowship support is not provided under
section 487 of the Act and which is not residency training of physicians
or other health professionals, as authorized by sections 405(b)(1)(C),
452G, 485B(b), 2315(a)(1), and 2354(a)(3)(C) of the Act; and,
(3) Grants awarded by the National Institute of Environmental Health
[[Page 377]]
Sciences, NIH, for the education and training of physicians in
environmental health, as authorized under section 103(h)(2) of the Clean
Air Act, as amended.
(b) The regulations of this part also apply to cooperative
agreements awarded to support the training specified in paragraph (a) of
this section. References to ``grant(s)'' shall include ``cooperative
agreement(s).''
(c) The regulations of this part do not apply to:
(1) Research training support under the National Research Service
Awards Program (see part 66 of this chapter);
(2) Research training support under the NIH Center Grants programs
(see part 52a of this chapter);
(3) Research training support under traineeship programs (see part
63 of this chapter);
(4) Research training support under the NIH AIDS Research Loan
Repayment Program (see section 487A of the Act); or
(5) Research training support under the National Library of Medicine
training grant programs (see part 64 of this chapter).
[61 FR 55111, Oct. 24, 1996, as amended at 71 FR 42296, July 26, 2006]
Sec. 63a.2 Definitions.
As used in this part:
Act means the Public Health Service Act, as amended (42 U.S.C. 201
et seq.).
HHS means the Department of Health and Human Services.
NIH means the National Institutes of Health and its organizational
components that award training grants.
Nonprofit as applied to any agency or institution, means an agency
or institution which is a 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.
Program director means the single individual named by the grantee in
the grant application and approved by the Secretary, who is responsible
for the management and conduct of the training program.
Project period See Sec. 63a.8(a).
Secretary means the Secretary of Health and Human Services and any
other official of HHS to whom the authority involved is delegated.
Stipend means a payment to an individual to help meet that
individual's subsistence expenses during the training period.
Training grant means an award of funds to an eligible agency or
institution for a training program authorized under Sec. 63a.1 to carry
out one or more of the purposes set forth in Sec. 63a.3.
Sec. 63a.3 What is the purpose of training grants?
The purpose of a training grant is to provide financial assistance
to an eligible agency or institution to enable it to provide research
training to individuals in the diagnosis, prevention, treatment, or
control of human diseases or disorders, or other aspects of human health
or biomedical research, or in environmental health, in order to increase
the number of facilities which provide qualified training and the number
of persons having special competence in these fields.
Sec. 63a.4 Who is eligible for a training grant?
(a) General. Except as otherwise provided in this section or as
prohibited by law, any public or private for-profit or nonprofit agency,
institution, or entity is eligible for a training grant.
(b) International training grants for AIDS research. Any
international organization concerned with public health is eligible for
a training grant to support individuals for research training relating
to acquired immunodeficiency syndrome (AIDS), as authorized under
section 2315(a)(1) of the Act. In awarding these grants, preference
shall be given to:
(1) Training activities conducted by, or in cooperation with, the
World Health Organization and
(2) With respect to training activities in the Western Hemisphere,
activities conducted by, or in cooperation with, the Pan American Health
Organization or the World Health Organization.
Sec. 63a.5 How to apply for a training grant.
Any agency, institution, or entity interested in applying for a
grant under this part must submit an application
[[Page 378]]
at the time and in the form and manner that the Secretary may require.
Sec. 63a.6 How are training grant applications evaluated?
The Secretary shall evaluate applications through the officers and
employees, experts, consultants, or groups engaged by the Secretary for
that purpose, including review or consultation with the appropriate
advisory council or other body as may be required by law. The
Secretary's evaluation will be for merit and shall take into account,
among other pertinent factors, the significance of the program, the
qualifications and competency of the program director and proposed
staff, the adequacy of the selection criteria for trainees under the
program, the adequacy of the applicant's resources available for the
program, and the amount of grant funds necessary for completion of its
objectives.
Sec. 63a.7 Awards.
Criteria. Within the limits of available funds, the Secretary may
award training grants for training programs which:
(a) Are determined to be meritorious, and
(b) Best carry out the purposes of the particular statutory program
described in Sec. 63a.1 and the regulations of this part.
Sec. 63a.8 How long does grant support last?
(a) The notice of the grant award specifies how long the Secretary
intends to support the project without requiring the grantee to
recompete for funds. This period, called the ``project period,'' will
usually be for one to five years.
(b) Generally, the grant will be initially for one year and
subsequent continuation awards will be for one year at a time. A grantee
must submit a separate application at the time and in the form and
manner that the Secretary may require to have the support continued for
each subsequent year. Decisions regarding continuation awards and the
funding level of these awards will be made after consideration of such
factors as the grantee's progress and management practices, and the
availability of funds. In all cases, continuation awards require
determination by the Secretary that continued funding is in the best
interest of the Federal Government.
(c) Neither the approval of any application nor the award of any
grant commits or obligates the Federal Government in any way to make any
additional, supplemental, continuation, or other award with respect to
any approved application or portion of an approved application.
(d) Any balance of federally obligated grant funds remaining
unobligated by the grantee at the end of a budget period may be carried
forward to the next budget period, for use as prescribed by the
Secretary, provided that a continuation award is made. If at any time
during a budget period it becomes apparent to the Secretary that the
amount of Federal funds awarded and available to the grantee for that
period, including any unobligated balance carried forward from prior
periods, exceeds the grantee's needs for that period, the Secretary may
adjust the amounts awarded by withdrawing the excess.
Sec. 63a.9 What are the terms and conditions of awards?
In addition to the requirements imposed by law, grants awarded under
this part are subject to any terms and conditions imposed by the
Secretary to carry out the purpose of the grant or assure or protect
advancement of the approved program, the interests of the public health,
or the conservation of grant funds.
Sec. 63a.10 How may training grant funds be spent?
(a) Authorized expenditures; general. A grantee shall expend funds
it receives under this part solely in accordance with the approved
application and budget, the regulations of this part, the terms and
conditions of the grant award, and the applicable cost principles in 45
CFR 74.27.
(b) Authorized categories of expenditures. Subject to any
limitations imposed in the approved application and budget or as a
condition of the award, grant funds may be expended for the following
costs:
[[Page 379]]
(1) Expenses of the grantee in providing training and instruction
under the particular program, including salaries of faculty and support
personnel, and the costs of equipment and supplies;
(2) Stipends and allowances to individuals during the period of
their training and instruction; and,
(3) If separately justified and authorized under the particular
program, tuition, fees, and trainee travel expenses which are necessary
to carry out the purpose of the training grant.
(c) Expenditures not authorized. Grant funds may not be expended
for:
(1) Compensation for employment or for the performance of personal
services by individuals receiving training and instruction; or
(2) Payments to any individual who does not meet the minimum
qualifications for training and instruction established by the grantee
and approved by the Secretary or who has failed to demonstrate
satisfactory participation in the training in accordance with the usual
standards and procedures of the grantee.
Sec. 63a.11 Other HHS regulations and policies that apply.
Several other HHS regulations and policies apply to this part. These
include, but are not necessarily limited to:
42 CFR part 50, subpart A--Responsibility of PHS awardee and applicant
institutions for dealing with and reporting possible misconduct in
science
42 CFR part 50, subpart D--Public Health Service grant appeals procedure
45 CFR part 16--Procedures of the Departmental Grant Appeals Board
45 CFR part 46--Protection of human subjects
45 CFR part 74--Uniform administrative requirements for awards and
subawards to institutions of higher education, hospitals, other
nonprofit organizations, and commercial organizations; and certain
grants and agreements with states, local governments and Indian tribal
governments
45 CFR part 75--Informal grant appeals procedures
45 CFR part 76--Governmentwide debarment and suspension (nonprocurement)
and governmentwide requirements for drug-free workplace (grants)
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services
effectuation of title VI of the Civil Rights Act of 1964
45 CFR part 81--Practice and procedure for hearings under part 80 of
this title
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving Federal financial assistance
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance
45 CFR part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance
45 CFR part 92--Uniform administrative requirements for grants and
cooperative agreements to State and local governments
45 CFR part 93--New restrictions on lobbying
59 FR 14508 (March 28, 1994)--NIH Guidelines on the Inclusion of Women
and Minorities as Subjects in Clinical Research. [Note: this policy is
subject to change, and interested persons should contact the Office of
Research on Women's Health, NIH, Room 201, Building 1, MSC 0161,
Bethesda, MD 20892-0161 (301-402-1770; not a toll-free number) to obtain
references to the current version and any amendments.]
59 FR 34496 (July 5, 1994)--NIH Guidelines for Research Involving
Recombinant DNA Molecules. [Note: this policy is subject to change, and
interested persons should contact the Office of Recombinant DNA
Activities, NIH, Suite 323, 6000 Executive Boulevard, MSC 7010,
Bethesda, MD 20892-7010 (301-496-9838; not a toll-free number) to obtain
references to the current version and any amendments.]
``NIH Grants Policy Statement,'' (December 1, 2003). This version is
located on the NIH Web site at: http://grants./policy/nihgps--2003/
index.htm.
[Note: this policy is subject to change, and interested persons
should contact the Office of Policy for Extramural Research
Administration (OPERA), Office of Extramural Research, NIH, 6701
Rockledge Drive, Suite 350, MSC 7974, Bethesda, Maryland 20892-7974,
telephone 301-435-0938 (or toll-free 800-518-4726), to obtain references
to the current version and any amendments. Information may also be
obtained by contacting the OPERA Division of Grants Policy via e-mail at
http://GrantsPolicy@mail.nih.gov. Previous versions of the NIH Grants
Policy Statement are archived at http://grants.nih.gov/grantspolicy/
policy.htm.]
``Public Health Service Policy on Humane Care and Use of Laboratory
Animals,'' Office of Laboratory Animal Welfare (Amended August, 2002).
[Note: this policy is subject to change, and interested persons
should contact the Office of Laboratory Animal Welfare, 6705
[[Page 380]]
Rockledge Drive, Suite 360, MSC 7982, Bethesda, Maryland 20892-7982,
telephone 301-594-2382 (not a toll-free number), to obtain references to
the current version and any amendments. Information may also be obtained
by browsing the Office of Laboratory Animal Welfare Home Page site on
the World Wide Web (http://www.grants.nih.gov/grants/olaw/olaw.htm).]
[61 FR 55111, Oct. 24, 1996, as amended at 71 FR 42296, July 26, 2006]
PART 64_NATIONAL LIBRARY OF MEDICINE TRAINING GRANTS--Table of Contents
Sec.
64.1 Programs to which these regulations apply.
64.2 Definitions.
64.3 Who is eligible for a grant?
64.4 How to apply for a grant.
64.5 How are grant applications evaluated?
64.6 Awards.
64.7 What other conditions apply?
64.8 How may funds be used?
64.9 Other HHS regulations that apply.
Authority: 42 U.S.C. 216, 286b-3.
Source: 56 FR 29192, June 26, 1991, unless otherwise noted.
Sec. 64.1 Programs to which these regulations apply.
(a) The regulations of this part apply to grants under section 472
of the Public Health Service Act (42 U.S.C. 286b-3) to public and
private nonprofit institutions to assist in developing, expanding, and
improving training programs (excluding training in a biomedical
specialty and residency training) in library science and the field of
communications of information pertaining to sciences relating to health.
(b) The regulations of this part also apply to cooperative
agreements awarded for these purposes. References to ``grant(s)'' shall
include ``cooperative agreement(s).''
(c) The regulations of this part do not apply to research training
support under the National Research Service Awards Program (see part 66
of this chapter).
Sec. 64.2 Definitions.
As used in this part:
HHS means the Department of Health and Human Services.
Nonprofit private entity means an agency, organization, institution,
or other entity which may not lawfully hold or use any part of its net
earnings to the benefit of any private shareholder or individual which
does not hold or use its net earnings for that purpose.
Other trainee costs means those costs other than stipends, such as
tuition, fees, and trainee travel, which are directly associated with
and necessary for the training of individuals receiving stipends and
which are incurred within the period of training.
Project director means the single individual named by the grantee in
the grant application and approved by the Secretary, who is responsible
for the management and conduct of the project.
Project period. See Sec. 64.6(b).
Secretary means the Secretary of Health and Human Services and any
other official of HHS to whom the authority involved is delegated.
Stipend means a payment to an individual that is intended to help
meet that individual's subsistence expenses during training.
Training grant means an award of funds to an eligible entity for a
project authorized under Sec. 64.1(a).
Sec. 64.3 Who is eligible for a grant?
Except as otherwise prohibited by law, any public or private
nonprofit entity is eligible for a training grant.
Sec. 64.4 How to apply for a grant.
Applications for grants must include the following information:
(a) Required information on the proposed project. (1) The nature,
duration, and purpose of the training for which the application is
filed.
(2) The name and qualifications of the project director and any key
personnel responsible for the proposed project.
(3) A description of the facilities, staff, support services, and
other organizational resources available to carry out the project.
(4) The intended number of trainees and the minimum qualifications
and criteria for their selection.
(5) A description of the plan for evaluating the proposed project.
[[Page 381]]
(6) Other pertinent information the Secretary may require to
evaluate the proposed project.
(b) Required information on costs. (1) A budget for the proposed
project and a justification of the amount of grant funds requested.
(2) If institutional expenses are requested, a separate statement of
the amounts requested for personal services, equipment, supplies, or
other non-personal services.
(3) If stipend costs are requested, a statement for each grant year
of the estimated number of individuals to whom stipends will be provided
and the length of time for which the stipend support will be provided.
If other trainee costs are requested, they must be separately stated and
justified.
(Approved by the Office of Management and Budget under control number
0925-0276)
Sec. 64.5 How are grant applications evaluated?
The Secretary shall evaluate applications through the officers and
employees, experts, consultants, or groups engaged by the Secretary for
that purpose. The Secretary's evaluation will be for technical merit and
shall take into account, among other pertinent factors, the significance
of the project, the qualifications and competency of the project
director and proposed staff, the adequacy of selection criteria for
trainees for the project, the adequacy of the applicant's resources
available for the project, and the amount of grant funds necessary for
completion of its objectives.
Sec. 64.6 Awards.
(a) Criteria. Within the limits of available funds, the Secretary
may award training grants to carry out those projects which:
(1) Are determined by the Secretary to be technically meritorious;
and
(2) In the judgment of the Secretary best promote the purpose of the
grant program as authorized by section 472 of the Act (42 U.S.C. 286b-
3), the regulations of this part (see Sec. 64.1), and address program
priorities.
(b) Project period. (1) The notice of grant award specifies how long
the Secretary intends to support the project without requiring the
project to recompete for funds. This period, called the project period,
will usually be for one to five years.
(2) Generally, the grant will initially be for one year and
subsequent continuation awards will also be for one year at a time. A
grantee must submit a separate application to have the support continued
for each subsequent year. Decisions regarding continuation awards and
the funding level of these awards will be made after consideration of
such factors as the grantee's progress and management practices, and the
availability of funds. In all cases, continuation awards require a
determination by the Secretary that continued funding is in the best
interest of the Federal Government.
(3) Neither the approval of any application nor the award of any
grant commits or obligates the Federal Government in any way to make any
additional, supplemental, continuation, or other award with respect to
any approved application or portion of an approved application.
(4) Any balance of federally obligated grant funds remaining
unobligated by the grantee at the end of a budget period may be carried
forward to the next budget period, for use as prescribed by the
Secretary, provided a continuation award is made. If at any time during
a budget period it becomes apparent to the Secretary that the amount of
Federal funds awarded and available to the grantee for that period,
including any unobligated balance carried forward from prior periods,
exceeds the grantee's needs for that period, the Secretary may adjust
the amounts awarded by withdrawing the excess.
Sec. 64.7 What other conditions apply?
(a) Grants awarded under this part are subject to the following
conditions:
(1) The grantee may not materially change the quality, nature, or
duration of the project unless the written approval of the Secretary is
obtained prior to the change.
(2) The grantee must submit to the Secretary, in the manner
prescribed by the Secretary, the name and other pertinent information
regarding each individual who is awarded a stipend under a grant.
[[Page 382]]
(b) The Secretary may impose additional conditions prior to the
award of any grant under this part if it is determined by the Secretary
that the conditions are necessary to carry out the purpose of the grant.
(Approved by the Office of Management and Budget under control number
0925-0276)
Sec. 64.8 How may funds be used?
A grantee shall expend funds it receives under this part solely in
accordance with the approved application and budget, the regulations of
this part, the terms and conditions of the grant award, and the
applicable cost principles in subpart Q of 45 CFR part 74. The funds may
not be expended for:
(a) Compensation for employment or for the performance of personal
services by individuals receiving training and instruction; or
(b) Payments to any individual who does not meet the minimum
qualifications for training and instruction established by the grantee
and approved by the Secretary or who has failed to demonstrate
satisfactory participation in the training in accordance with the usual
standards and procedures of the grantee.
Sec. 64.9 Other HHS regulations that apply.
Several other regulations apply to grants under this part. These
include, but are not necessarily limited to:
42 CFR part 50, subpart D--Public Health Service grant appeals
procedure.
45 CFR part 16--Procedures of the Departmental Grant Appeals Board.
45 CFR part 74--Administration of grants.
45 CFR part 75--Informal grant appeals procedures.
45 CFR part 76--subparts A-F.
Governmentwide debarment and suspension (nonprocurement) and
requirements for drug-free workplace (grants).
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services--
effectuation of title VI of the Civil Rights Act of 1964.
45 CFR part 81--Practice and procedure for hearings under 45 CFR part 80
of this title.
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial
assistance.
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance.
45 CFR part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance.
45 CFR part 92--Uniform administrative requirements for grants and
cooperative agreements to state and local governments.
PART 64a_OBLIGATED SERVICE FOR MENTAL HEALTH TRAINEESHIPS--Table of Contents
Sec.
64a.101 Purpose.
64a.102 To whom do these regulations apply?
64a.103 Definitions.
64a.104 What requirements are imposed upon grantees?
64a.105 What are the conditions of obligated service?
Authority: Sec. 803, Pub. L. 96-398, 94 Stat. 1607-1608 (42 U.S.C.
242a).
Source: 46 FR 39979, Aug. 5, 1981, unless otherwise noted.
Sec. 64a.101 Purpose.
This part establishes requirements to implement the service payback
obligation of individuals who receive clinical traineeships in
pyschology, psychiatry, social work, or nursing (that are not of limited
duration or experimental nature) under section 303 of the Public Health
Service Act.
Sec. 64a.102 To whom do these regulations apply?
This part applies to any institution which receives a training grant
under section 303 of the Public Health Service Act and to any individual
who receives a stipend or other trainee allowances under such a grant
for any period beginning on or after July 1, 1981, for clincial training
in the field of psychology, psychiatry, nursing, or social work, except
for training that is of a limited duration or experimental nature.
Sec. 64a.103 Definitions.
As used in this part:
Act means the Public Health Service Act as amended by Pub. L. 96-
398.
Clinical traineeship means a stipend or other trainee allowances
provided to an individual for clinical training in psychology,
psychiatry, nursing, or social
[[Page 383]]
work, except for training that is of a limited duration or experimental
nature, under a training grant authorized by section 303 of the Act.
Community Mental Health Centers Act means the Community Mental
Health Centers Act (42 U.S.C. 2689 et seq.) other than Part D thereof.
Experimental nature refers to the training of undergraduates; the
training of individuals in disciplines other than psychology,
psychiatry, nursing, or social work; and any other training which the
Secretary specifically designates as experimental in the notice of award
for a training grant under section 303 of the Act.
Limited duration means a period that is equal to or less than 180
days, computed cumulatively over a two year period which begins on the
first day of the clinical traineeship.
Mental Health Systems Act means the Mental Health Systems Act (42
U.S.C. 9401 et seq.).
Nonprofit private entity means an agency, organization, institution
or other entity which may not lawfully hold or use any part of its net
earnings to the benefit of any private shareholder or individual and
which does not hold or use its net earnings for that purpose.
Other trainee allowances means financial assistance for those costs
not covered by stipends, such as tuition, fees, and trainee travel,
which are directly associated with and necessary to the training of
individuals receiving stipends and are incurred within the period of
training.
Secretary means the Secretary of Health and Human Services or other
official of the Department to whom the authority involved has been
delegated.
Stipend means financial assistance to an individual that is intended
to help meet that individual's subsistence expenses during training.
Sec. 64a.104 What requirements are imposed upon grantees?
Recipients of training grants under section 303 of the Act that
provide a clinical traineeship to any individual must:
(a) Give each such individual written notice of the service payback
and recovery requirements of this part at the time the individual
becomes a candidate for the traineeship;
(b) Before awarding a clinical traineeship, conduct an entrance
interview with the individual in order to explain and emphasize the
service obligation the individual is incurring, obtain the individual's
written assurance that he or she will satisfy the requirements of Sec.
64a.105, and document, in accordance with paragraph (d) of this section,
the entrance interview on the form containing the individual's written
assurance.
(c) At the time of termination of the clinical traineeship,
(1) Notify the Secretary in writing of the date on which the
individual's traineeship is terminated;
(2) Conduct an exit interview with the individual to remind the
trainee of the service obligation, to fully explain the consequences
that will incur should the trainee fail to satisfy the obligation, and,
to tell the individual that the Secretary has been notified of the date
of termination of the traineeship; and
(3) Document, in accordance with paragraph (d) of this section, the
exit interview on the form notifying the Secretary of the termination of
the traineeship.
(d) Document the entrance and exit interviews with at least the
following information: The date of the interview, the names of the
participants involved in the interview, and a statement that the
interview included an explanation to the individual of the service
payback requirement and the consequences of failing to fulfill the
service payback requirement.
(Approved by the Office of Budget and Management under control number
0930-0120)
[46 FR 39979, Aug. 5, 1981, as amended at 52 FR 18359, May 15, 1987]
Sec. 64a.105 What are the conditions of obligated service?
In order to receive a clinical traineeship an individual must comply
with the following conditions:
(a) Written assurance. Prior to the award of a clinical traineeship,
the individual must sign a written assurance (in such form and manner as
the Secretary prescribes) that he or she will
[[Page 384]]
satisfy the requirements of this section.
(b) Commencement and crediting of service. (1) An individual must
start the obligated service within twenty-four months after termination
of the clinical traineeship and carry out the service on a continuous
basis unless, as specified in paragraph (e) of this section, the
individual has requested and had approved, respectively, an extension of
the time for beginning the service, or a break in service.
(2) Following termination of the traineeship, the individual must
annually provide (in such form and manner as the Secretary prescribes) a
written report describing those previous years' activities which are
related to service that fulfills the payback obligation. The Secretary
will review this report and credit all service performed in those
categories specified in paragraph (d) of this section toward the
individual's payback obligation, except any service which is performed:
(i) Before termination of the individual's clinical traineeship; and
(ii) As part of any activity, such as course work, preparation of a
dissertation or thesis, or practicum, which is needed to complete the
training for which the individual received the traineeship.
(c) Duration of obligation. The period of service payback must equal
the period of support under the clinical traineeship on a month for
month basis.
(d) Performance of the obligated service--(1) General requirements.
The obligated service must consist of the provision of service for which
the individual was trained (in the training program for which the
clinical traineeship was received) and must be performed on a full-time
basis (not less than 30 hours per week averaged over the obligated
service period).
(2) Preferred service. Except as provided under paragraph (d)(3) of
this section, the individual must provide the obligated service in:
(i) A public inpatient mental institution;
(ii) Any entity which is receiving or has received a grant under the
Mental Health Systems Act or the Community Mental Health Centers Act;
(iii) A psychiatric manpower shortage area designated by the
Secretary under section 332 of the Public Health Service Act and 42 CFR
part 5;
(iv) Any public or private nonprofit entity or in any nursing home
(whether public, private nonprofit, or for profit) in which 50 percent
or more of those served are within one or more of the following groups:
Racial or ethnic minorities (American Indian or Alaskan Native, Asian or
Pacific Islander, Black, Hispanic), chronically mentally ill, mentally
retarded, criminal or delinquent populations, rape victims, physically
handicapped, abusers of alcohol, or persons addicted to drugs or other
substances, children and adolescents, the elderly, poverty populations,
migrants, members of the armed forces (or veterans if seen in a Federal
facility), residents of areas other than those defined as urbanized by
the Department of Commerce, or any other special populations, such as
groups of refugees or disaster victims, which are specifically
designated by the Secretary for this purpose.
(3) Alternate service. If the individual obtains the written
approval of the Secretary, the individual may fulfill his or her
obligation by:
(i) Serving in any public or private nonprofit entity or in any
nursing home (whether public, private nonprofit, or for profit) in which
not less than 25 percent of those served are within one or more of the
underserved population groups listed in paragraph (d)(2)(iv) of this
section. The individual must demonstrate a service commitment of more
than 50 percent of his or her time to the targeted populations.
(ii) Teaching, conducting research, or conducting evaluation
directed at improving alcohol, drug abuse or mental health services to
one or more of the priority population groups listed in paragraph
(d)(2)(iv) of this section, or working in a position which fosters the
closer collaboration of health and alcohol, drug abuse or mental health
services.
(iii) Providing in a public or private nonprofit entity
consultation, training and education, liaison, community support or
other professional services for which the individual was trained when
[[Page 385]]
the individual's work is directed toward improving alcohol, drug abuse
or mental health services to the priority populations listed in
paragraph (d)(2)(iv) of this section.
(e) Conditions for deferral or break in service, waiver, or
cancellation. (1) Upon receipt of a written request showing good cause
therefor by the individual having a payback obligation, the Secretary
may:
(i) Extend the period for beginning the obligated service (24 months
after termination of the clinical traineeship), permit breaks in the
required continuous service or extend the period for repayment under
paragraph (g)(2) of this section, if it is determined that:
(A) An extension or break in service is necessary for the completion
of training;
(B) Performance of the obligation must be delayed because a
temporary disability makes present performance impossible; or
(C) Performance of the obligation must be delayed because present
performance would involve a substantial hardship and failure to extend
the period would be against equity and good conscience.
(ii) Waive, in whole or in part, the service payback and recovery
requirements of this section if it is determined that fulfillment would
be impossible because the individual is permanently and totally
disabled.
(iii) In making determinations under Sec. 64a.105(e)(1)(i)(C), the
Secretary will take into consideration the following factors:
(A) The individual's present financial resources and obligations;
(B) The individual's estimated future financial resources and
obligations;
(C) The reasons for the individual's failure to complete the
requirements within the prescribed period, such as problems of a
personal nature;
(D) The unavailability of employment opportunities appropriate to
the individual's education and training; and
(E) Any other extenuating circumstances.
(2) Upon receipt of written notice giving evidence of a conflicting
obligation under section 752 or 753 of the Act or of an election to
fulfill an obligation under section 472 of the Act prior to an
obligation under this section, the Secretary will extend the period for
beginning service (24 months after termination of the clinical
traineeship), permit breaks in the required continuous service or extend
the period for repayment under paragraph (g)(1), as appropriate.
(3) The service payback and recovery obligations of an individual
will be cancelled upon the submission to the Secretary of a certificate
of that individual's death or other evidence which the Secretary
determines to be satisfactory.
(f) Conflicting or multiple payback obligations. In any case where
the individual has, in addition to a payback obligation incurred under
this section, an obligation to perform service under section 752 or 753
of the Act (because of receipt of a National Health Service Corps
scholarship) or under section 472 of the Act (because of receipt of a
National Research Service Award), or both, performance of the same
activity may not be counted toward more than one of these obligations.
In determining the order in which obligations must be fulfilled,
obligations under section 752 or 753 take precedence over obligations
incurred under this section. However, with respect to obligations under
this section and 472, the individual may elect which obligation to
fulfill first. Any individual who has an obligation under section 752 or
753 or makes an election to fulfill an obligation under section 472
prior to an obligation under this section, must give written notice to
the Secretary as provided by paragraph (e)(3) of this section.
(g) Recovery for failure to perform obligated service. (1) If an
individual fails to begin or complete the obligated service in
accordance with the requirements of paragraphs (a) through (f) of this
section, that individual is obligated to repay the United States an
amount equal to three times the cost of the award (including stipends
and other trainee allowances) plus interest on that amount calculated
for the total period since the trainee failed to perform the obligated
service at the rate set by the Secretary of the Treasury
[[Page 386]]
for National Research Service Awards prevailing on the date on which the
period of appointment begins, multiplied, in any case in which the
service that was required has been performed in part, by the percentage
which the length of service that was not performed is to the length of
the service that was required to be performed. The amount will be
determined under the following formula:
[GRAPHIC] [TIFF OMITTED] TC13NO91.004
where
A = the amount the United States is entitled to recover;
[thetas] = the cost of the clinical traineeship (including stipends and
other trainee allowances);
m = the number of months since the trainee failed to perform obligated
service;
i = the National Research Service Award rate on the date which the
period of appointment begins divided by twelve;
t = the total number of months of the service obligation;
s = the number of months that have been served.
(2) Unless the Secretary extends the repayment period as provided in
paragraph (e) of this section, the individual shall pay to the United
States the total amount which the United States is entitled to recover
under paragraph (g)(1) of this section immediately upon the date that
the individual fails to begin or complete the period of obligated
service (including failing to comply with the applicable terms and
conditions of an extension or break in service granted the individual)
or upon the date that the individual indicates his or her intention not
to fulfill the service obligation as determined by the Secretary. The
amount is considered a debt owed to the United States, with interest
accruing monthly upon the total debt as provided under paragraph (g)(1)
of this section.
[46 FR 39979, Aug. 5, 1981, as amended at 52 FR 18359, May 15, 1987]
PART 65_NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES HAZARDOUS WASTE
WORKER TRAINING--Table of Contents
Sec.
65.1 To what projects do these regulations apply?
65.2 Definitions.
65.3 Who is eligible to apply for a grant?
65.4 Project requirements.
65.5 How will applications be evaluated?
65.6 How long does grant support last?
65.7 For what purposes may grant funds be spent?
65.8 What additional Department regulations apply to grantees?
65.9 Additional conditions.
Authority: 42 U.S.C. 9660a; 49 U.S.C. App. 1816.
Source: 55 FR 42568, Oct. 22, 1990, unless otherwise noted.
Sec. 65.1 To what projects do these regulations apply?
(a) The regulations in this part apply to:
(1) The program of grants for the training and education of workers
who are or are likely to be engaged in activities related to hazardous
waste removal or containment, or emergency response that is authorized
under section 126(g) of the SARA; and
(2) The program of grants to support qualified non-profit
organizations for the purpose of providing training and education to
hazardous materials employees regarding: the safe unloading, loading,
handling, storage, and transportation of hazardous materials; and,
emergency preparedness for responding to accidents or incidents
involving the transportation of hazardous materials that is authorized
under section 118 of the HMTA.
(b) Grants are available for curriculum and training materials
development, technical support of training, direct student training,
training program evaluation and related activities. Target populations
for this training are workers and supervisors who are or are likely to
be engaged in hazardous substance removal or other activities which
expose or potentially expose these workers to hazardous substances in
activities such as:
[[Page 387]]
(1) Waste handling and processing at waste generators and active and
inactive hazardous substance treatment, storage, and disposal
facilities;
(2) Clean up, removal, containment, or remedial actions at waste
sites;
(3) Hazardous substance emergency response;
(4) Hazardous substance disposal site risk assessment and
investigation, clean up, or remedial actions; and
(5) Transportation of hazardous wastes.
Target populations may also be regulated under standards promulgated
by the Secretary of Labor, the Secretary of Transportation, the
Administrator of the Environmental Protection Agency, and other agencies
under section 126(g) of the SARA or section 106(b) of the HMTA.
(c) Two types of grants are available: Program grants covering the
full range of activities, including program development, direct worker
training and education, and program evaluation; and planning grants
under the SARA.
(1) Planning grants are intended to assist organizations which
demonstrate potential for providing hazardous worker training, but need
additional developmental efforts prior to initiation of full curriculum
development and training activities. A limited number of one-year
planning grants may be funded at a level determined appropriate by the
Director. After successful completion of a one-year planning grant, a
recipient may apply for a full program grant on a competitive basis.
(2) Full program grants will be awarded to organizations with
demonstrated capability to provide worker health and safety training and
education and demonstrated ability to identify, describe, and access
target populations. Full program grantees must be able to immediately
initiate curriculum development and worker training activities.
[55 FR 42568, Oct. 22, 1990; 59 FR 64141, Dec. 13, 1994]
Sec. 65.2 Definitions.
As used in this part:
Award or grant means a grant or cooperative agreement made under
section 126(g) of the SARA or section 118 of the HMTA.
Director means the Director, National Institute of Environmental
Health Sciences, or the Director's delegate.
HHS means the Department of Health and Human Services.
HMTA means the Hazardous Materials Transportation Act, as amended
(49 U.S.C. App. 1801 et seq.).
NIEHS means the National Institute of Environmental Health Sciences,
an organizational component of the National Institutes of Health, as
authorized by sections 401(b)(1)(L) and 463 of the Public Health Service
Act (42 U.S.C. 281(b)(1)(L) and 285(l).
NIH means the National Institutes of Health.
Nonprofit as applied to any agency, organization, institution, or
other entity means a 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.
SARA means the Superfund Amendments and Reauthorization Act of 1986,
Public Law 99-499, as amended (42 U.S.C. 9601 et seq.).
Stipend means a payment to an organization that is intended to help
meet that organization's subsistence expenses for trainees during the
training period.
Training grant means an award of funds to an eligible entity for a
project authorized under Sec. 65.1.
[55 FR 42568, Oct. 22, 1990; 59 FR 64141, Dec. 13, 1994]
Sec. 65.3 Who is eligible to apply for a grant?
Public and private nonprofit entities providing worker health and
safety education and training may apply for grants under these
regulations. Applicants for a grant may use services, as appropriate, of
other public or private organizations necessary to develop, administer,
or evaluate proposed worker training programs so long as the majority of
the work is done by the applicant.
Sec. 65.4 Project requirements.
In addition to meeting the requirements specified in the
application, the instructions accompanying it, and the regulations
referred to in Sec. 65.8, each
[[Page 388]]
applicant must meet the following requirements:
(a) Two or more nonprofit organizations may join in a single
application and share grant resources in order to maximize worker group
coverage, enhance the effectiveness of training, and bring together
appropriate academic disciplines and talents. Joint applications must
describe the cooperative arrangements for program integration and
effectiveness. Specific expertise, facilities, or services to be
provided by each participating member must be identified.
(b) Each applicant must detail the nature, duration, and purpose of
the training for which the application is filed. The proposed training
program must meet the standards promulgated by the Secretary of Labor
and Secretary of Transportation under section 126(g) of the SARA or
section 106(b) of the HMTA, and such additional requirements as the
Director may prescribe to ensure appropriate health and safety training.
(c) The applicant must provide assurance that the applicant will not
discriminate in the selection of trainees or instructors on the basis of
membership or nonmembership in a union.
[55 FR 42568, Oct. 22, 1990; 59 FR 64141, Dec. 13, 1994]
Sec. 65.5 How will applications be evaluated?
(a) The Director shall evaluate applications through the officers
and employees, and experts and consultants engaged by the Director for
that purpose. The Director's first level of evaluation will be for
technical merit and shall take into account, among other pertinent
factors, the significance of the project, the qualifications and
competency of the project director and proposed staff (including the
ability to manage complex training programs), the adequacy of selection
criteria for trainees for the project, the adequacy of the detailed
training plan including provision for hands-on training, the adequacy of
the applicant's resources available for the project, the amount of grant
funds necessary for completion of its objectives, and how well the
projects meet training criteria in OSHA's Hazardous Waste Operations and
Emergency Response Regulation (29 CFR 1910.120) and/or how well they
cover the target populations listed in Sec. 65.1(b). A second level of
review will be conducted for program relevance.
(b) Within the limits of funds available, the Director may award
training grants to carry out those projects which have satisfied the
requirements of the regulations of this part; are determined by the
Director to be technically meritorious; and in the judgment of the
Director best promote the purposes of the grant programs authorized by
section 126(g) of the SARA or section 118 of the HMTA, the regulations
of this part, and program priorities.
[55 FR 42568, Oct. 22, 1990; 59 FR 64141, Dec. 13, 1994]
Sec. 65.6 How long does grant support last?
(a) The notice of grant award specifies how long NIEHS intends to
support the project without requiring the project to recompete for
funds. This period, called the project period, will usually be for 1-5
years.
(b) Generally, the grant will initially be for one year and
subsequent continuation awards will also be for one year at a time. A
grantee must submit a separate application to have the support continued
for each subsequent year. Decisions regarding continuation awards and
the funding level of such awards will be made after consideration of
such factors as the grantee's progress and management practices and the
availability of funds. In all cases, continuation awards require a
determination by the NIEHS that continued funding is in the best
interest of the Federal Government.
(c) Neither the approval of any application nor the award of any
grant commits or obligates the Federal Government in any way to make any
additional, supplemental, continuation, or other award with respect to
any approved application or portion of an approved application.
Sec. 65.7 For what purposes may grant funds be spent?
Individuals receiving training shall be entitled only to the
stipends and allowances included in a budget approved
[[Page 389]]
by the Director, taking into account the cost of living and such other
factors as the needs of the program and the availability of funds.
Sec. 65.8 What additional Department regulations apply to grantees?
Several other regulations and policies apply to grants under this
part. These include, but are not limited to:
42 CFR part 50, subpart D--Public Health Service grant appeals
procedure.
45 CFR part 16--Procedures of the Departmental Grant Appeals Board.
45 CFR part 74--Administration of grants.
45 CFR part 75--Informal grant appeals procedures.
45 CFR part 76, subparts A-F--Government-wide debarment and suspension
(nonprocurement) and government-wide requirements for drug-free
workplace (grants).
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services--
Effectuation of title VI of the Civil Rights Act of 1964.
45 CFR part 81--Practice and procedure for hearings under part 80 of
this title.
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial
assistance.
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance.
45 CFR part 91--Nondiscrimination on the basis of age in Health and
Human Services programs and activities receiving Federal financial
assistance.
45 CFR part 92--Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and local Governments.
45 CFR part 93--New restrictions on lobbying.
Sec. 65.9 Additional conditions.
The Director may with respect to any award impose additional
conditions prior to, or at the time of, any award when, in the
Director's judgment, such conditions are necessary to assure the
carrying out of the purposes of the award, the interest of the public
health, or the conservation of funds awarded.
PART 65a_NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES HAZARDOUS
SUBSTANCES BASIC RESEARCH AND TRAINING GRANTS--Table of Contents
Sec.
65a.1 To what programs do these regulations apply?
65a.2 Definitions.
65a.3 Who is eligible to apply for a grant?
65a.4 What are the program requirements?
65a.5 How to apply.
65a.6 How will applications be evaluated?
65a.7 Awards.
65a.8 How long does grant support last?
65a.9 What are the terms and conditions of award?
65a.10 For what purposes may grant funds be spent?
65a.11 Other HHS regulations and policies that apply.
Authority: 42 U.S.C. 216, 9660(a).
Source: 61 FR 55114, Oct. 24, 1996, unless otherwise noted.
Sec. 65a.1 To what programs do these regulations apply?
(a) The regulations of this part apply to the award of grants to
support programs for basic research and training directed towards
understanding, assessing, and attenuating the adverse effects on human
health resulting from exposure to hazardous substances, as authorized
under section 311(a) of the Act (42 U.S.C. 9660(a)). The purpose of
these programs is to carry out coordinated, multi-component,
interdisciplinary research consisting of at least three or more
biomedical research projects relating to hazardous substances and at
least one non-biomedical research project in the fields of ecology,
hydrogeology, and/or engineering, and including the training of
investigators as part of the grantee's overall program.
(b) The regulations of this part also apply to cooperative
agreements awarded to support the programs described in paragraph (a) of
this section. References to ``grant(s)'' shall include ``cooperative
agreement(s).''
(c) The regulations of this part do not apply to:
(1) Research training support under the National Research Service
Awards Program (see part 66 of this chapter),
[[Page 390]]
(2) Research, demonstration, and training support under the NIH
Center Grants programs (see part 52a of this chapter),
(3) Research training support under traineeship programs (see parts
63 and 64a of this chapter), or
(4) Research training support under the NIH AIDS Research Loan
Repayment Program authorized under section 487A of the Public Health
Service Act, as amended (42 U.S.C. 288-1).
Sec. 65a.2 Definitions.
As used in this part:
Act means the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.).
Award or grant means a grant or cooperative agreement awarded under
section 311(a) of the Act (42 U.S.C. 9660(a)).
Director means the Director of the National Institute of
Environmental Health Sciences, or the Director's delegate.
HHS means the Department of Health and Human Services.
Institution of higher education means 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 the state to provide a program of education beyond
secondary education, (3) provides an educational program for which it
awards a bachelor's degree or provides not less than a two-year program
which is acceptable for full credit toward a bachelor's degree, (4) is a
public or other nonprofit institution, and (5) is accredited by a
nationally recognized accrediting agency or association or, if not so
accredited, (i) is an institution with respect to which the Secretary of
Education has determined that there is satisfactory assurance,
considering the resources available to the institution, the period of
time, if any, during which it has operated, the effort it is making to
meet accreditation standards, and the purpose for which this
determination is being made, that the institution will meet the
accreditation standards of a nationally recognized accrediting agency or
association within a reasonable time, or (ii) is an institution whose
credits are accepted, on transfer, by not less than three institutions
which are so accredited, for credit on the same basis as if transferred
from an institution so accredited. The term also includes any school
which provides not less than a one-year program of training to prepare
students for gainful employment in a recognized occupation and which
meets the provisions of paragraphs (1), (2), (4), and (5) of this
definition. The term also includes a public or nonprofit private
educational institution in any state which, in lieu of the requirement
in paragraph (1), admits as regular students persons who are beyond the
age of compulsory school attendance in the state in which the
institution is located and who meet the requirements of section 1091(d)
of title 20 U.S. Code, as amended. For purposes of this definition, the
Secretary of Education publishes a list of nationally recognized
accrediting agencies or associations which that official determines to
be reliable authority as to the quality of training offered. This list
is found in the brochure, ``Nationally Recognized Accrediting Agencies
and Associations Criteria and Procedures for Listing by the U.S.
Secretary of Education and Current List.''
[Note: This brochure is subject to change, and interested persons
should contact the U.S. Department of Education Office of Post-Secondary
Education, Accreditation and State Liaison Division, ROB 3, 7th and D
Streets, S.W., Room 37-15, Washington, DC 20202-5244 (202-708-7417; not
a toll-free number) to obtain a current version of the brochure and any
amendments.]
NIEHS means the National Institute of Environmental Health Sciences,
an organizational component of the National Institutes of Health, as
authorized under sections 401(b) and 463 of the Public Health Service
Act, as amended (42 U.S.C. 281(b) and 185l).
NIH means the National Institutes of Health.
Nonprofit, as applied to any agency, organization, institution, or
other entity, means a corporation or association
[[Page 391]]
no part of the net earnings of which insures or may lawfully inure to
the benefit of any private shareholder or individual.
PHS means the Public Health Service.
Program means the activity to carry out research and training
supported by a grant under this part.
Program director means the single individual designated by the
grantee in the grant application and approved by the Director, who is
responsible for the scientific and technical direction of the research
component and the conduct of the training component under a program.
Project period means the period of time, from one to five years,
specified in the notice of grant award that NIEHS intends to support a
proposed program without requiring the program awardee to recompete for
funds.
Secretary means, unless the context otherwise requires, the
Secretary of Health and Human Services or other official of HHS to whom
the authority involved is delegated.
Sec. 65a.3 Who is eligible to apply for a grant?
(a) Except as otherwise prohibited by law, any public or private
nonprofit institution of higher education may apply for an award under
this part.
(b) Awardee institutions may carry out portions of the research or
training components of an award through contracts with appropriate
organizations, including:
(1) Generators of hazardous wastes;
(2) Persons involved in the detection, assessment, evaluation, and
treatment of hazardous substances;
(3) Owners and operators of facilities at which hazardous substances
are located; and
(4) State and local governments.
Sec. 65a.4 What are the program requirements?
The applicant shall include the following in its proposed program
for which support is requested under this part:
(a) Basic research component. The program shall include three or
more meritorious biomedical research projects, including epidemiologic
studies relating to the study of the adverse effects of hazardous
substances on human health, and at least one meritorious project
involving hydrogeologic or ecologic research which shall cumulatively
address:
(1) Methods and technologies to detect hazardous substances in the
environment;
(2) Advanced techniques for the detection, assessment, and
evaluation of the effects of these substances on human health;
(3) Methods to assess the risks to human health presented by these
substances; and
(4) Basic biological, chemical, and/or physical methods to reduce
the amount and toxicity of these substances.
(b) Training component. The program shall include the following
kinds of training, as part of or in conjunction with the basic research
component:
(1) Graduate training in environmental and occupational health and
safety and in public health and engineering aspects of hazardous waste
control; and/or
(2) Graduate training in the geosciences, including hydrogeology,
geological engineering, geophysics, geochemistry, and related fields,
necessary to meet professional personnel needs in the public and private
sectors and to carry out the purposes of the Act; and
(3) Worker training relating to handling hazardous substances, which
includes short courses and continuing education for state and local
health and environmental agency personnel and other personnel engaged in
the handling of hazardous substances, in the management of facilities at
which hazardous substances are located, and in the evaluation of the
hazards to human health presented by these facilities.
Sec. 65a.5 How to apply.
Each institution desiring a grant under this part must submit an
application at the time and in the form and manner as the Secretary may
require.
[[Page 392]]
Sec. 65a.6 How will applications be evaluated?
The Director shall evaluate applications through the officers and
employees, experts, consultants, or groups engaged by the Director for
that purpose, including review by the National Advisory Environmental
Health Sciences Council in accordance with peer review requirements set
forth in part 52h of this chapter. The Director's first level of
evaluation will be for technical merit and shall take into account,
among other pertinent factors, the significance of the program, the
qualifications and competency of the program director and proposed
staff, the adequacy of the applicant's resources available for the
program, and the amount of grant funds necessary for completion of its
objectives. A second level of review will be conducted by the National
Advisory Environmental Health Sciences Council.
Sec. 65a.7 Awards.
Criteria. Within the limits of available funds, the Director may
award grants to carry out those programs which:
(a) Are determined by the Director to be meritorious; and
(b) In the judgment of the Director, best promote the purposes of
the grant program, as authorized under section 311(a) of the Act and the
regulations of this part, and best address program priorities.
Sec. 65a.8 How long does grant support last?
(a) The notice of grant award specifies how long NIEHS intends to
support the project without requiring the grantee to recompete for
funds. This period, called the project period, may be for 1-5 years.
(b) Generally, the grant will initially be for one year, and
subsequent continuation awards will also be for one year at a time. A
grantee must submit a separate application at the time and in the form
and manner as the Secretary may require to have the support continued
for each subsequent year. Decisions regarding continuation awards and
the funding level of these awards will be made after consideration of
such factors as the grantee's progress and management practices, and the
availability of funds. In all cases, continuation awards require a
determination by the Director that continued funding is in the best
interest of the Federal Government.
(c) Neither the approval of any application nor the award of any
grant commits or obligates the Federal Government in any way to make any
additional, supplemental, continuation or other award with respect to
any approved application or portion of an approved application.
(d) Any balance of federally obligated grant funds remaining
unobligated by the grantee at the end of a budget period may be carried
forward to the next budget period, for use as prescribed by the
Director, provided a continuation award is made. If at any time during a
budget period it becomes apparent to the Director that the amount of
Federal funds awarded and available to the grantee for that period,
including any unobligated balance carried forward from prior periods,
exceeds the grantee's needs for that period, the Director may adjust the
amounts awarded by withdrawing the excess.
Sec. 65a.9 What are the terms and conditions of awards?
In addition to being subject to other applicable regulations (see
Sec. 65a.11), grants awarded under this part are subject to the
following terms and conditions:
(a) Material changes. Except as otherwise provided by 45 CFR 74.25,
the grantee may not materially change the quality, nature, scope, or
duration of the program unless the written approval of the Director is
obtained prior to the change.
(b) Additional conditions. The Director may impose additional
conditions prior to the award of any grant under this part if it is
determined by the Director that the conditions are necessary to carry
out the purpose of the grant or assure or protect advancement of the
approved program, the interests of the public health, or the
conservation of grant funds.
[[Page 393]]
Sec. 65a.10 For what purposes may grant funds be spent?
A grantee shall spend funds it receives under this part solely in
accordance with the approved application and budget, the regulations of
this part, the terms and conditions of the award, and the applicable
cost principles prescribed in 45 CFR 74.27.
Sec. 65a.11 Other HHS regulations and policies that apply.
Several other HHS regulations and policies apply to awards under
this part. These include but are not necessarily limited to:
42 CFR part 50, subpart A--Responsibility of PHS awardee and applicant
institutions for dealing with and reporting possible misconduct in
science
42 CFR part 50, subpart D--Public Health Service grant appeals procedure
42 CFR part 50, subpart F--Responsibility of applicants for promoting
objectivity in research for which PHS funding is sought
42 CFR part 52h--Scientific peer review of research grant applications
and research and development contract projects
45 CFR part 16--Procedures of the Departmental Grant Appeals Board
45 CFR part 46--Protection of human subjects
45 CFR part 74--Uniform administrative requirements for awards and
subawards to institutions of higher education, hospitals, other
nonprofit organizations, and commercial organizations; and certain
grants and agreements with states, local governments and Indian tribal
governments
45 CFR part 75--Informal grant appeals procedures
45 CFR part 76--Governmentwide debarment and suspension (nonprocurement)
and governmentwide requirements for drug-free workplace (grants)
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services
effectuation of title VI of the Civil Rights Act of 1964
45 CFR part 81--Practice and procedure for hearings under part 80 of
this title
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving Federal financial assistance
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance
45 CFR part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance
45 CFR part 92--Uniform administrative requirements for grants and
cooperative agreements to state and local governments
45 CFR part 93--New restrictions on lobbying
59 FR 14508 (March 28, 1994)--NIH Guidelines on the Inclusion of Women
and Minorities as Subjects in Clinical Research
[Note: This policy is subject to change, and interested persons
should contact the Office of Research on Women's Health, NIH, Room 201,
Building 1, MSC 0161, Bethesda, MD 20892-0161 (301-402-1770; not a toll-
free number) to obtain references to the current version and any
amendments.]
59 FR 34496 (July 5, 1994)--NIH Guidelines for Research Involving
Recombinant DNA Molecules.
Note: This policy is subject to change, and interested persons
should contact the Office of Recombinant DNA Activities, NIH, Suite 323,
6000 Executive Boulevard, MSC 7010, Bethesda, MD 20892-7010 (301-496-
9838; not a toll-free number) to obtain references to the current
version and any amendments.]
``PHS Grants Policy Statement,'' DHHS Publication No. (OASH) 94-
50,000 (Revised April 1, 1994), as amended by Addendum, dated January
24, 1995.
Note: This policy is subject to change, and interested persons
should contact the Extramural Outreach and Information Resources Office
(EOIRO), Office of Extramural Research, 6701 Rockledge Drive, Room 6208,
MSC 7910, Bethesda, MD 20892-7910 (301-435-0714; not a toll-free number)
to obtain references to the current version and any amendments.
Information may also be obtained by contacting the EOIRO via its e-mail
address (asknih@odrockm1.od.nih.gov) and by browsing the NIH Home Page
site on the World Wide Web (http://www.nih.gov).]
``Public Health service Policy on Humane Care and Use of Laboratory
animals,'' Office for Protection from Research Risks, HIH (Revised
September 1986).
Note: This policy is subject to change, and interested persons
should contact the Office for Protection for Research Risks, NIH, Suite
3B01, 6100 Executive Boulevard, MSC 7507, Rockville, MD 20852-7507 (301-
496-7005; not a toll-free number) to obtain references to the current
version and any amendments.]
PART 66_NATIONAL RESEARCH SERVICE AWARDS--Table of Contents
Subpart A_Direct Awards
Sec.
66.101 Applicability.
66.102 Definitions.
66.103 Eligibility.
66.104 Application.
[[Page 394]]
66.105 Requirements.
66.106 Awards.
66.107 Payments to awardees.
66.108 Payments to institutions.
66.109 Termination.
66.110 Service, payback, and recovery requirements.
66.111 Suspension, waiver, and cancellation.
66.112 Other HHS regulations and policies that apply.
66.113 Publications.
66.114 Copyright.
66.115 Additional conditions.
Subpart B_Institutional Grants
66.201 Applicability.
66.202 Definitions.
66.203 Eligibility.
66.204 Application.
66.205 Requirements.
66.206 Grant awards.
66.207 Other HHS regulations and policies that apply.
66.208 Additional conditions.
Authority: 42 U.S.C. 216, 288.
Source: 48 FR 24880, June 3, 1983, unless otherwise noted.
Subpart A_Direct Awards
Sec. 66.101 Applicability.
The regulations in this subpart apply to National Research Service
Awards made by the Secretary to individuals for research and training to
undertake research, under section 487 of the Public Health Service Act,
as amended (42 U.S.C. 288).
[66 FR 29499, May 31, 2001]
Sec. 66.102 Definitions.
As used in this subpart:
(a) Act means the Public Health Service Act, as amended.
(b) Secretary means the Secretary of Health and Human Services and
any other officer or employee of the Department of Health and Human
Services to whom the authority involved has been delegated.
(c) Nonprofit institution means a corporation or association in
which no part of the net earnings inures or may lawfully inure to the
benefit of any private shareholder or individual.
(d) Award means a National Research Service Award under section 487
of the Act (42 U.S.C. 288).
(e) Residency means post-graduate training for doctors of medicine,
osteopathy, dentistry, optometry, and podiatry, nurses, and other
individuals providing health care directly to patients, in which the
majority of the time is spent in non-research clinical training.
(f) Noncitizen national of the United States means a person who,
though not a citizen of the United States, owes permanent allegiance to
the United States [8 U.S.C. 1101(a) (22)].
(g) Predoctoral training means training at the post-baccalaureate
level in a program leading to the award of a doctor of philosophy of
science, or equivalent degree. For purposes of Awards under the Minority
Access to Research Careers programs of the National Institute of General
Medical Sciences and the Career Opportunities in Research Education and
Training programs of the National Institute of Mental Health,
predoctoral training also means training in a program leading to the
award of a baccalaureate in science or equivalent degree.
(h) Postdoctoral training means training of individuals holding a
doctor of philosophy, science, medicine, dentistry, osteopathy,
optometry, podiatry, veterinary medicine, engineering, nursing sciences,
public health, or equivalent degree.
[48 FR 24880, June 3, 1983, as amended at 66 FR 29499, May 31, 2001]
Sec. 66.103 Eligibility.
To be eligible for a National Research Service Award an individual
must:
(a) Be a citizen, noncitizen national of the United States, or
lawfully admitted to the United States for permanent residence at the
time of the award.
(b) Propose to engage in such research, or training to undertake
research, in a program specified in section 487(a)(1)(A) of the Act; and
(c) Propose to engage in such research or training to undertake
research on a full-time basis except in cases of disability or pressing
family need.
[48 FR 24880, June 3, 1983, as amended at 66 FR 29500, May 31, 2001]
[[Page 395]]
Sec. 66.104 Application.
(a) Eligible individuals may apply for an Award using the form and
by the dates the Secretary prescribes.
(b) In addition to any other pertinent information that the
Secretary may require, each application shall detail:
(1) The applicant's educational background and other qualifications
and experience, including previous academic and professional degrees;
(2) The subject area of the proposed research or training;
(3) The proposed period of Award:
(4) If the proposed period of Award would provide the individual
with aggregate support in excess of five years at the predoctoral level
or three years at the postdoctoral level, the justification for this
request; and
(5) The availability of necessary resources and facilities at the
institution where the research or training would be conducted.
(Approved by the Office of Management and Budget under control number
0925-0002)
[48 FR 24880, June 3, 1983, as amended at 66 FR 29500, May 31, 2001]
Sec. 66.105 Requirements.
The Secretary shall make an Award to an individual under this
subpart only if:
(a) For any Award made for an individual's initial twelve months of
NRSA postdoctoral research or training, the individual has assured the
Secretary, in the form and manner the Secretary may prescribe, that he
or she will satisfy the requirements of Sec. 66.110.
(b) If the proposed research or training would take place at an
institution other than the National Institutes of Health, the
institution has assured the Secretary, in the form and manner the
Secretary may prescribe, that:
(1) The applicant has been accepted to the institution for the
purpose of engaging in the research or training for which an Award is
being sought;
(2) The Award will not be used to support a residency; and
(3) In the event an Award is made the institution will make
available to the applicant any resources and facilities described in the
application as necessary to carry out the research or training; and
(c) The individual has assured the Secretary, in the form and manner
the Secretary may prescribe, that the Award to the individual will not
be used to support a residency.
(Approved by the Office of Management and Budget under control number
0925-0002)
[48 FR 24880, June 3, 1983, as amended at 66 FR 29500, May 31, 2001]
Sec. 66.106 Awards.
(a) Within the limits of funds available, the Secretary shall make
Awards to those applicants:
(1) Who have satisfied the requirements of Sec. 66.105; and
(2) Whose proposed research or training would, in the judgment of
the Secretary, best promote the purposes of section 487(a)(1)(A) of the
Act, taking into consideration among other pertinent factors:
(i) The scientific, technical, or educational merit of the
particular proposal;
(ii) The availability of resources and facilities to carry it out;
(iii) The qualifications and experience of the applicant; and
(iv) The need for personnel in the subject area of the proposed
research or training.
(b) In making Awards, the Secretary shall take account of the
Nation's overall need for biomedical research by giving special
consideration to physicians who agree to undertake a minimum of two
years of biomedical research.
(c) All Awards shall be in writing. Each shall specify:
(1) The period of the Award;
(2) The total recommended stipends and allowances provided for the
entire Award period;
(3) The amount awarded for the intitial year of that period (see
Sec. 66.107); and
(4) The amount of the payments to the institution for the cost of
services provided the awardee by the institution during the initial year
of that period (see Sec. 66.108).
(d) Neither the approval of any application nor any Award shall
commit or obligate the United States in any way to make additional,
supplemental, continuation, or other Award with respect
[[Page 396]]
to any approved application or portion thereof.
(e) No individual may receive an aggregate of more than five years
of support at the predoctoral level and three years at the postdoctoral
level unless the Secretary waives, for good cause shown, this limitation
for the individual. In determining what constitutes ``good cause,'' the
Secretary shall take into account such factors as whether the applicant
proposes to pursue a combined program leading to the degrees of doctor
of medicine and doctor of philosophy.
[48 FR 24880, June 3, 1983, as amended at 66 FR 29500, May 31, 2001]
Sec. 66.107 Payments to awardees.
(a) Individuals receiving Awards shall be entitled to the stipends,
tuition, fees, and allowances the Secretary may designate, taking into
account the cost of living, and such other factors as the needs of the
program and the availability of funds.
(b) The Secretary shall pay stipends, tuition, fees and allowances
to the awardee or the sponsoring institution for payment to the awardee.
Sec. 66.108 Payments to institutions.
The institution shall be entitled to an allowance to help defray the
cost of support services (including the cost of faculty salaries,
supplies, equipment, general research support, and related items)
provided to the individual by the institution. The Secretary shall
determine the amount of payments based upon reasonable costs to the
institution of establishing and maintaining the quality of research and
training programs for which it receives support under this subpart. The
Secretary may make payments to the institution either in advance or by
way of reimbursement.
Sec. 66.109 Termination.
(a) The Secretary may terminate an Award prior to its normal
expiration date:
(1) At the written request of the awardee; or
(2) If the Secretary finds that the awardee has materially failed to
comply with the terms and conditions of the Award or to carry out the
purpose for which it was made.
(b) In the event an Award is terminated, the Secretary shall notify
the awardee in writing of this determination, the reasons for
termination, the effective date, and any procedural rights available.
Sec. 66.110 Service, payback, and recovery requirements.
(a) Each individual who receives an Award for postdoctoral research
or training shall engage in a month of research training, research, or
teaching that is health-related (or any combination thereof) for each
month of support received, up to a maximum of twelve months. Such period
shall be served in accordance with the usual patterns of such employment
or training.
(b) In any case in which an individual receives an Award for more
than twelve months, the thirteenth month and each subsequent month of
performing activities under the Award shall be considered to be
activities toward satisfaction of the requirement established in
paragraph (a) of this section.
(c) Except as provided in Sec. 66.111, an individual subject to the
requirements for service in paragraph (a) of this section must begin to
undertake the service on a continuous basis within two years after the
expiration or termination for his or her Award.
(d) If the individual fails to undertake or perform the service in
accordance with the requirements of this section, the United States
shall be entitled to recover from the individual an amount determined in
accordance with the formula:
[GRAPHIC] [TIFF OMITTED] TR31MY01.005
In which
A is the amount the United States is entitled to recover;
0 is the sum of the total amount paid to the individual for the months
of postdoctoral support up to a maximum of twelve months;
t is total number of months in the individual's service obligation;
and s is the number of months of the obligation served by him or her in
accordance with paragraph (a) or (b) of this section.
[[Page 397]]
(e) Except as provided in Sec. 66.111, the individual shall pay to
the United States any amount which it is entitled to recover under
paragraph (d) of this section within a three-year period beginning on
the date the United States becomes entitled to recovery that amount.
Interest shall accrue to the United States until any amount due it under
paragraph (d) of the section is paid. The rate of interest will be fixed
by the Secretary of the Treasury after taking into consideration private
consumer rates of interest prevailing on the date the United States
becomes entitled to recovery.
[66 FR 29500, May 31, 2001]
Sec. 66.111 Suspension, waiver, and cancellation.
(a) The Secretary may extend the period for undertaking service
described in Sec. 66.110(c), permit breaks in the continuous service
required under Sec. 66.110(c), or extend the period of repayment under
Sec. 66.110(e) if the Secretary determines that:
(1) An extension or break in service is necessary so the individual
may complete his or her research training;
(2) Completion during the period would be impossible because the
individual is temporarily disabled; or
(3) Completion during the period would involve a substantial
hardship to the individual and failure to extend to the period would be
against equity and good conscience.
(b) The Secretary may waive, in whole or in part, the obligation of
the individual to repay pursuant to Sec. 66.110(d) if the Secretary
determines that:
(1) Fulfillment would be impossible because the individual is
permanently and totally disabled; or
(2) Fulfillment would involve a substantial hardship to the
individual and enforcement of the obligation would be against equity and
good conscience.
(c) In making determinations under Sec. 66.111 (a)(3) and (b)(2),
the Secretary will take into consideration such factors as:
(1) The individual's present financial resources and obligations;
(2) The individual's estimated future financial resources and
obligations;
(3) The reasons for the individual's failure to complete the
requirements within the prescribed period, such as problems of a
personal nature;
(4) The extent to which the individual has been engaged in
activities encompassed by Sec. 66.110(a) and (b);
(5) Whether the individual has received sufficient training to be
qualified to perform any such activities;
(6) The unavailability of employment opportunities appropriate to
the individual's education and training; and
(7) Any other extenuating circumstances.
(d) Any obligations of any individual under this subpart will be
cancelled upon the death of that individual.
[48 FR 24880, June 3, 1983; 48 FR 33710, July 25, 1983, as amended at 66
FR 29500, May 31, 2001]
Sec. 66.112 Other HHS regulations and policies that apply.
Several other regulations and policies may apply to individuals and
institutions receiving payments under this subpart. These include, but
are not limited to:
45 CFR part 46--Protection of human subjects
45 CFR part 76--Governmentwide debarment and suspension (nonprocurement)
and governmentwide requirements for drug-free workplace (grants)
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services
effectuation of title VI of the Civil Rights Act of 1964
45 CFR part 81--Practice and procedure for hearings under part 80 of
this Title
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance
45 CFR part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance
51 FR 16958 (May 7, 1986)--NIH Guidelines for Research Involving
Recombinant DNA Molecules.
Note: This policy is subject to change, and interested persons
should contact the Office of Science Policy, Office of Biotechnology
Activities, NIH, Suite 302, 6000 Executive Boulevard, MSC 7052,
Bethesda, MD 20892-7052, (301) 496-9838 (not a toll-free number) to
[[Page 398]]
obtain references to the current version and any amendments.
[49 FR 38116, Sept. 27, 1984, as amended at 66 FR 29500, May 31, 2001]
Sec. 66.113 Publications.
Publication, distribution, and disposition of all manuscripts and
other materials resulting from an Award shall be subject to the
conditions that all such materials shall bear appropriate
acknowledgement of Department of Health and Human Services support and
that the awardee shall furnish copies of these manuscripts or other
materials as the Secretary may reasonably request.
Sec. 66.114 Copyright.
Where the work accomplished under an Award results in a book or
other copyrightable material, the author is free to copyright the work,
but the United States 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.
Sec. 66.115 Additional conditions.
The Secretary may with respect to any Award or class of Awards
impose additional conditions prior to or at the time of any Award when
in the Secretary's judgment such conditions are necessary to assure the
carrying out of the purposes of the Award, the interests of the public
health, or the conservation of funds awarded.
Subpart B_Institutional Grants
Sec. 66.201 Applicability.
The regulations in this subpart apply to grants under section 487 of
the Public Health Service Act, as amended (42 U.S.C. 288), to public
institutions and to nonprofit private institutions to enable those
institutions to make National Research Service Awards to individuals for
research and training to undertake research, in programs specified in
section 487 of the Act.
[66 FR 29500, May 31, 2001]
Sec. 66.202 Definitions.
The definitions in Sec. 66.102 of subpart A of this part apply to
this subpart.
[48 FR 24880, June 3, 1983; 48 FR 33710, July 25, 1983]
Sec. 66.203 Eligibility.
To be eligible for a grant under this subpart, an applicant must be:
(a) A public or nonprofit private institution; and
(b) Located in a State, the District of Columbia, Puerto Rico, the
Virgin Islands, the Canal Zone, Guam, American Samoa, or the Trust
Territory of the Pacific Islands.
Sec. 66.204 Application.
(a) Application for a grant under this subpart shall be made on a
form approved for that purpose by the Secretary. Applicants shall submit
completed forms on or before the dates the Secretary may prescribe.
(b) In addition to any other pertinent information that the
Secretary may require, each application shall set forth in detail:
(1) The subject area or areas in which the proposed research or
training will be conducted;
(2) The resources and facilities available for use by recipients of
Awards in carrying out this research or training;
(3) The names, qualifications, and experience of the program
director and principal staff members who will be responsible for the
proposed program;
(4) The criteria to be employed in selecting recipients of Awards;
(5) The estimated number of recipients of Awards under the grant;
(6) The proposed project period and a detailed budget and
justification for the amount of grant funds requested; and
(7) Proposed methods for monitoring and evaluating the performance
of individual recipients of Awards, as well as the overall program.
(Approved by the Office of Management and Budget under control number
0925-0022)
Sec. 66.205 Requirements.
(a) No Award shall be made to an individual from a grant under this
subpart unless:
[[Page 399]]
(1) For any award made for an individual's initial twelve months of
NRSA postdoctoral research training, the individual has assured the
Secretary, in the form and manner the Secretary may prescribe, that he
or she will satisfy the requirements of Sec. 66.110 of subpart A of
this part;
(2) The individual is a citizen or noncitizen national of the United
States or has been lawfully admitted to the United States for permanent
residence at the time of the award;
(3) The Award includes a provision for termination in the event the
recipient is found by the institution to have materially failed to
comply with the terms and conditions of the Award or to carry out the
purpose for which it was made; and
(4) The Award is not to be used to support a residency.
(b) No Award shall be made to an individual under such grant which
would provide that individual with aggregate support in excess of five
years for predoctoral training and three years for postdoctoral
training, unless the Secretary for good cause shown as provided in Sec.
66.106(e) of subpart A of this part, waives the application of the
limitation with respect to that individual;
(c) The provisions of Sec. Sec. 66.110 and 66.111 of subpart A of
this part constitute terms and conditions of any Award made from a grant
under this subpart.
(Approved by the Office of Management and Budget under control number
0925-0022)
[48 FR 24880, June 3, 1983; 48 FR 33710, July 25, 1983, as amended at 66
FR 29501, May 31, 2001]
Sec. 66.206 Grant awards.
(a) Within the limits of funds available, the Secretary shall award
grants to those applicants:
(1) Whose applications have been reviewed and recommended for
approval by the appropriate national advisory council or board;
(2) Who have satisfied the requirements of Sec. 66.105; and
(3) Whose proposed programs would, in the judgment of the Secretary,
best promote the purposes of section 487(a)(1)(B) of the Act, taking
into consideration among other pertinent factors:
(i) The scientific, technical, or educational merit of the proposed
program;
(ii) The adequacy of the resources and facilities available to the
applicant;
(iii) The qualifications and experience of the program director and
principal staff members;
(iv) The degree of the need for personnel in the subject area or
areas of the proposed research or training;
(v) The extent to which the applicant, in making Awards, gives
special consideration to physicians who agree to undertake a minimum of
two years of biomedical research;
(vi) The administrative and management capability of the applicant;
(vii) The reasonableness of the proposed budget in relation to the
proposed program; and
(viii) The adequacy of the methods for monitoring and evaluating the
performance of individual recipients and the overall program.
(b) The notice of grant award specifies how long HHS intends to
support the project without requiring the project to recompete for
funds. This period, called the project period, will usually be for 3-5
years.
(c) Generally the grant will initially be for one year and
subsequent continuation awards will also be for one year at a time. A
grantee must submit a separate application to have the support continued
for each subsequent year. Decisions regarding continuation awards and
the funding level of such awards will be made after consideration of
such factors as the grantee's progress and management practices, and the
availability of funds. In all cases, continuation awards require a
determination by HHS that continued funding is in the best interest of
the government.
(d) Neither the approval of any application nor the award of any
grant commits or obligates the United States in any way to make any
additional, supplemental, continuation, or other award with respect to
any approved application or portion of any approved application.
[48 FR 24880, June 3, 1983, as amended at 66 FR 29501, May 31, 2001]
[[Page 400]]
Sec. 66.207 Other HHS regulations and policies that apply.
Several other regulations and policies apply to grants under this
subpart. These include, but are not limited to:
42 CFR part 50, subpart D--Public Health Service grant appeals procedure
42 CFR part 50, subpart F--Responsibility of applicants for promoting
objectivity in research for which PHS funding is sought.
45 CFR part 16--Procedures of the Departmental Grant Appeals Board
45 CFR part 46--Protection of human subjects
45 CFR part 74--Uniform administrative requirements for awards and
subawards to institutions of higher education, hospitals, other
nonprofit organizations, and commercial organizations; and certain
grants and agreements with states, local governments and Indian tribal
governments.
45 CFR part 75--Informal grant appeals procedures
45 CFR part 76--Governmentwide debarment and suspension (non
procurement) and governmentwide requirements for drug-free workplace
(grants)
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services
effectuation of title VI of the Civil Rights Act of 1964
45 CFR part 81--Practice and procedure for hearings under part 80 of
this title
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance
45 CFR part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance
48 FR 24556--Guidelines for Research Involving Recombinant DNA Molecules
published by the National Institutes of Health
51 FR 16958 (May 7, 1986)--NIH Guidelines for Research Involving
Recombinant DNA Molecules.
Note: This policy is subject to change, and interested persons
should contact the Office of Biotechnology Activities, NIH, Suite 302,
6000 Executive Boulevard, MSC 7052, Bethesda, MD 20892-7052, (301) 496-
9838 (not a toll-free number) to obtain references to the current
version and any amendments.
[49 FR 38116, Sept. 27, 1984, as amended at 66 FR 29501, May 31, 2001]
Editorial Note: At 66 FR 20752, May 31, 2001, in Sec. 66.207, the
entry for 48 FR 24556 was revised. However, no new entry was set forth.
Sec. 66.208 Additional conditions.
The Secretary may, with respect to any grant award, impose
additional conditions prior to or at the time of any award when in the
Secretary's judgment those conditions are necessary to assure or protect
advancement of the approved program, the interests of the public health,
or the conservation of grant funds.
PART 67_AGENCY FOR HEALTH CARE POLICY AND RESEARCH GRANTS AND CONTRACTS--Table of Contents
Subpart A_Research Grants for Health Services Research, Evaluation,
Demonstration, and Dissemination Projects
Sec.
67.10 Purpose and scope.
67.11 Definitions.
67.12 Eligible applicants.
67.13 Eligible projects.
67.14 Application.
67.15 Peer review of applications.
67.16 Evaluation and disposition of applications.
67.17 Grant award.
67.18 Use of project funds.
67.19 Other applicable regulations.
67.20 Confidentiality.
67.21 Control of data and availability of publications.
67.22 Additional conditions.
Subpart B_Peer Review of Contracts for Health Services Research,
Evaluation, Demonstration, and Dissemination Projects
67.101 Purpose and scope.
67.102 Definitions.
67.103 Peer review of contract proposals.
67.104 Confidentiality.
67.105 Control of data and availability of publications.
Authority: Pub. L. 103-43, 107 Stat. 214-215, Pub. L. 102-410, 106
Stat. 2094-2101 and sec. 6103, Pub. L. 101-239, 103 Stat. 2189-2208,
Title IX of the Public Health Service Act (42 U.S.C. 299-299c-6); and
sec. 1142, Social Security Act (42 U.S.C. 1320b-12).
Source: 62 FR 12908, Mar. 18, 1997, unless otherwise noted.
[[Page 401]]
Subpart A_Research Grants for Health Services Research, Evaluation,
Demonstration, and Dissemination Projects
Sec. 67.10 Purpose and scope.
The regulations of this subpart apply to the award by AHCPR of
grants and cooperative agreements under:
(a) Title IX of the Public Health Service Act to support research,
evaluation, demonstration, and dissemination projects, including
conferences, on health care services and systems for the delivery of
such services, as well as to establish and operate multidisciplinary
health services research centers.
(b) Section 1142 of the Social Security Act to support research on
the outcomes, effectiveness, and appropriateness of health care services
and procedures, including but not limited to, evaluations of alternative
services and procedures; projects to improve methods and data bases for
outcomes, effectiveness, and other research; dissemination of research
information and clinical guidelines, conferences, and research on
dissemination methods.
Sec. 67.11 Definitions.
As used in this subpart--
Administrator means the Administrator and any other officer or
employee of the Agency for Health Care Policy and Research to whom the
authority involved may be delegated.
Agency for Health Care Policy and Research (AHCPR) means that unit
of the Department of Health and Human Services established by section
901 of the Public Health Service Act.
Direct costs means the costs that can be identified specifically
with a particular cost objective, such as compensation of employees for
the time and effort devoted specifically to the approved project, and
the costs of materials acquired, consumed, or expended specifically for
the purpose of the approved project.
Grant means an award of financial assistance as defined in 45 CFR
parts 74 and 92, including cooperative agreements.
Grantee means the organizational entity or individual to which a
grant, including a cooperative agreement, under Title IX of the Public
Health Service Act or section 1142 of the Social Security Act and this
subpart is awarded and which is responsible and accountable both for the
use of the funds provided and for the performance of the grant-supported
project or activities. The grantee is the entire legal entity even if
only a particular component is designated in the award document.
Nonprofit as applied to a private entity, means that no part of the
net earnings of such entity inures or may lawfully inure to the benefit
of any shareholder or individual.
Peer review group means a panel of experts, established under
section 922(c) of the PHS Act, who by virtue of their training or
experience are eminently qualified to carry out the duties of such peer
review group as set out in this subpart. Officers and employees of the
United States may not constitute more than 25 percent of the membership
of any such group under this subpart.
PHS Act means the Public Health Service Act, as amended.
Principal investigator means a single individual, designated in the
grant application and approved by the Administrator, who is responsible
for the scientific and technical direction of the project.
Social Security Act means the Social Security Act, as amended.
Sec. 67.12 Eligible applicants.
Any public or nonprofit private entity or any individual is eligible
to apply for a grant under this subpart.
Sec. 67.13 Eligible projects.
Projects for research, evaluations, demonstrations, dissemination of
information (including research on dissemination), and conferences,
related to health care services and the delivery of such services, are
eligible for grant support. These include, but are not limited to,
projects in the following categories:
(a) Effectiveness, efficiency, and quality of health care services;
(b) Outcomes of health care services and procedures;
[[Page 402]]
(c) Clinical practice, including primary care and practice-oriented
research;
(d) Health care technologies, facilities, and equipment, including
assessments of health care technologies and innovative approaches to
such assessments, and technology diffusion;
(e) Health care costs and financing, productivity, and market
forces;
(f) Health promotion and disease prevention;
(g) Health statistics and epidemiology;
(h) Medical liability;
(i) AID/HIV infection, particularly with respect to issues of access
and delivery of health care services;
(j) Rural health services;
(k) The health of low-income, minority, elderly, and other
underserved populations, including women and children; and
(l) Information dissemination and research on dissemination
methodologies, directed to health care providers, practitioners,
consumers, educators, review organizations, and others.
Sec. 67.14 Application.
(a) To apply for a grant, an entity or individual must submit an
application in the form and at the time that the Administrator requires.
The application must be signed by an individual authorized to act for
the applicant and to assume on behalf of the applicant the obligations
imposed by the PHS Act and the Social Security Act, as pertinent, the
regulations of this subpart, and any additional terms or conditions of
any grant awarded.
(b) In addition to information requested on the application form,
the applicant must provide such other information as the Administrator
may request.
Sec. 67.15 Peer review of applications.
(a) General procedures for peer review. (1) All applications for
support under this subpart will be submitted by the Administrator for
review to a peer review group, in accordance with section 922(a) of the
PHS Act, except that applications eligible for review under section
922(d)(2) of the PHS Act (``small grants'') may be reviewed under
adjusted procedures in accordance with paragraph (b) of this section.
(2) Members of the peer review group will be selected based upon
their training and experience in relevant scientific and technical
fields, taking into account, among other factors:
(i) The level of formal education (e.g., M.A., Ph.D., M.D., D.N.Sc.)
completed by the individual and/or the individual's pertinent experience
and expertise;
(ii) The extent to which the individual has engaged in relevant
research, the capacities (e.g., principal investigator, assistant) in
which the individual has done so, and the quality of such research;
(iii) The extent of the professional recognition received by the
individual as reflected by awards and other honors received from
scientific and professional organizations outside the Department of
Health and Human Services;
(iv) The need of the peer review group to include within its
membership experts representing various areas of specialization within
relevant scientific and technical fields, or specific health care
issues; and
(v) Appropriate representation based on gender, racial/ethnic
origin, and geography.
(3) Review by the peer review group under paragraph (a) of this
section is conducted by using the criteria set out in paragraph (c) of
this section.
(4) The peer review group to which an application has been submitted
under paragraph (a) of this section shall make a written report to the
Administrator on each application, which shall contain the following
parts:
(i) The first part of the report shall consist of a factual summary
of the proposed project, including a description of its purpose,
scientific approach, location, and total budget.
(ii) The second part of the report shall address the scientific and
technical merit of the proposed project with a critique of the proposed
project with regard to the factors described in paragraphs (c)(1)(i)
through (c)(1)(x) or (c)(2)(i) through (c)(2)(vii) of this section as
applicable. This portion of the report shall include a set of
recommendations to the Administrator
[[Page 403]]
with respect to the disposition of the application based upon its
scientific and technical merit. The peer review panel may recommend to
the Administrator that an application:
(A) Be given consideration for funding,
(B) Be deferred for a later decision, pending receipt of additional
information, or
(C) Not be given further consideration.
(iii) For each application recommended for further consideration by
the Administrator, the report shall also provide a priority score based
on the scientific and technical merit of the proposed project, and make
recommendations on the appropriate project period and level of support.
The report may also address, as applicable, the degree to which the
proposed project relates to AHCPR-announced priorities.
(b) Procedural adjustments for small grants. (1) The Administrator
may make adjustments in the peer review procedures established in
accordance with paragraph (a) of this section for grant applications
with total direct costs that do not exceed the amount specified in
section 922(d)(2) of the PHS Act, hereafter referred to as ``small
grants.''
(2) Non-Federal and Federal experts will be selected by the
Administrator for the review of small grant applications on the basis of
their training and experience in particular scientific and technical
fields, their knowledge of health services research and the application
of research findings, and their special knowledge of the issue(s) being
addressed or methods and technology being used in the specific proposal.
(3) Review of applications for small grants may be by a review group
established in accordance with paragraph (a) of this section, or by
individual field readers, or by an ad hoc group of reviewers.
(4) The review criteria set forth in paragraph (c) of this section
shall be used for the review of small grant applications.
(5) Each reviewer or group of reviewers to whom an application has
been submitted under paragraph (b) of this section shall make a written
report to the Administrator on each application. Each report shall
summarize the findings of the review and provide a recommendation to the
Administrator on whether the application should be given further
consideration. For applications recommended for further consideration,
the report may also address, as applicable, the degree to which the
proposed project relates to AHCPR-announced priorities.
(c) Review criteria. The review criteria set out in this paragraph
apply to both applications reviewed by peer review panels in accordance
with paragraph (a) of this section, and applications for small grants
reviewed in accordance with paragraph (b) of this section.
(1) General review criteria. In carrying out a review under this
section for grants (other than conference grants), the following review
criteria will be taken into account, where appropriate:
(i) The significance and originality from a scientific or technical
standpoint of the goals of the project;
(ii) The adequacy of the methodology proposed to carry out the
project;
(iii) The availability of data or the adequacy of the proposed plan
to collect data required in the analyses;
(iv) The adequacy and appropriateness of the plan for organizing and
carrying out the project;
(v) The qualifications and experience of the principal investigator
and proposed staff;
(vi) The reasonableness of the budget and the time frame for the
project, in relation to the work proposed;
(vii) The adequacy of the facilities and resources available to the
grantee;
(viii) The extent to which women and minorities are adequately
represented in study populations;
(ix) Where an application involves activities which could have an
adverse effect upon humans, animals, or the environment, the adequacy of
the proposed means for protecting against or minimizing such effects;
and
(x) Any additional criteria that may be announced by the
Administrator from time to time for specific categories of grant
applications (e.g., proposed projects for support of research centers)
eligible for support under this subpart.
[[Page 404]]
(xi) In addition to the scientific and technical criteria above,
peer reviewers may be asked to consider the degree to which a proposed
project addresses any special AHCPR priorities that have been announced
by the Administrator, as applicable.
(2) Review criteria for conference grants. In carrying out reviews
of conference grants under paragraphs (a) and (b) of this section, the
following review criteria will be taken into account, as appropriate:
(i) The significance of the proposed conference, specifically the
importance of the issue or problem being addressed, including
methodological or technical issues for dealing with the development,
conduct, or use of health services research;
(ii) The qualifications of the staff involved in planning and
managing the conference;
(iii) The adequacy of the facilities and other resources available
for the conference;
(iv) the appropriateness of the proposed budget, including other
sources of funding;
(v) The extent to which the health concerns of women and minorities
will be addressed in the conference topic(s), as appropriate;
(vi) The plan for evaluating and disseminating the results of the
conference; and
(vii) Any additional criteria that may be announced by the
Administrator.
(viii) In addition to the scientific and technical criteria above,
peer reviewers may be asked to consider the degree to which a proposed
project addresses any special AHCPR priorities that have been announced
by the Administrator, as appropriate.
(d) Conflict of interest. (1) Members of peer review groups will be
screened for potential conflicts of interest prior to appointment and
will be required to follow Department policies and procedures consistent
with the Standards of Ethical Conduct for Employees of the Executive
Branch (5 CFR part 2635), Executive Order 12674 (as modified by
Executive Order 12731).
(2) In addition to any restrictions referenced under paragraph
(d)(1) of this section:
(i) No member of a peer review group (or individual reviewer) may
participate in or be present during any review by such group of a grant
application in which, to the member's knowledge, any of the following
has a financial interest:
(A) The member or his or her spouse, minor child, or partner;
(B) Any organization in which the member is serving as an officer,
director, trustee, general partner, or employee; or
(C) Any organization with which the member is negotiating or has any
arrangement concerning prospective employment or other similar
association, and further;
(ii) In the event that any member of a peer review group or his or
her spouse, parent, child, or partner is currently or expected to be the
principal investigator or member of the staff responsible for carrying
out any research or development activities contemplated as part of a
grant application, that member of the group, or the group, may be
disqualified from the review and the review conducted by another group
with the expertise to do so. An ad hoc group selected in accordance with
Sec. 67.15(a), or Sec. 67.15(b) as applicable, may also be used for
the review. Any individual reviewer to whom the conditions of this
paragraph apply would also be disqualified as a reviewer.
(iii) No member of a peer review group or individual may participate
in any review under this subpart of a specific grant application for
which the member has had or is expected to have any other responsibility
or involvement (whether preaward or postaward) as an officer or employee
of the United States.
(3) Where permissible under the standards and order(s) cited in
paragraph (d)(1) of this section, the Administrator may waive the
requirements in paragraph (d)(2) of this section if it is determined
that there is no other practical means for securing appropriate expert
advice on a particular grant application.
[62 FR 12909, Mar. 18, 1997, as amended at 62 FR 37124, July 10, 1997]
[[Page 405]]
Sec. 67.16 Evaluation and disposition of application.
(a) Evaluation. After appropriate peer review in accordance with
Sec. 67.15, the Administrator will evaluate applications recommended
for further consideration, taking into account, among other factors:
(1) The degree to which the purposes of Title IX of the PHS Act and
section 1142 of the Social Security Act, as applicable, are being
addressed;
(2) Recommendations made by reviewers pursuant to Sec. 67.15;
(3) Any recommendations made by the National Advisory Council for
Health Care Policy, Research, and Evaluation, as applicable;
(4) The appropriateness of the budget;
(5) The extent to which the research proposal and the fiscal plan
provide assurance that effective use will be made of grant funds;
(6) The demonstrated business management capability of the
applicant;
(7) The demonstrated competence and skill of the staff, especially
the senior personnel, in light of the scope of the project;
(8) The probable usefulness of the results of the project for
dealing with national health care issues, policies, and programs; and
(9) The degree to which AHCPR-announced priorities or purposes are
being addressed.
(b) Disposition. On the basis of the evaluation of the application
as provided in paragraph (a) of this section, the Administrator shall:
give consideration for funding, defer for a later decision, pending
receipt of additional information, or give no further consideration for
funding, to any application for a grant under this subpart; except that
the Administrator may not fund an application which has not been
recommended for further consideration as a result of peer review in
accordance with Sec. 67.15. A recommendation against further
consideration shall not preclude reconsideration, if the application is
revised, responding to issues and questions raised during the review,
and resubmitted for peer review at a later date.
Sec. 67.17 Grant award.
(a) Within the limits of available funds, the Administrator may
award grants to those applicants whose projects are being considered for
funding, which in the judgment of the Administrator, will promote best
the purposes of Title IX of the PHS Act and (if applicable) section 1142
of the Social Security Act, AHCPR priorities, and the regulations of
this subpart.
(b) The Notice of Grant Award specifies how long the Administrator
intends to support the project without requiring the project to
recompete for funds. This period, called the project period, will
usually be for 3-5 years, except for small grants, which usually are 1
year awards. The project period as specified in the Notice of Grant
Award shall begin no later than 9 months following the date of the
award, except that the project period must begin in the same fiscal year
as that from which funds are being awarded.
(c) Upon request from the grantee, Department grants policy permits
an extension of the project period for up to 12 months, without
additional funds, when more time is needed to complete the research. The
Administrator may approve a request for an additional extension of time
based on unusual circumstances with written justification submitted by
the grantee, prior to the completion of the project period. In no case
will an additional extension of more than 12 months be approved.
(d) Generally, a grant award will be for 1 year, and subsequent
continuation awards will be for 1 year at a time. A grantee must submit
a separate continuation application to have the support continued for
each subsequent year. Decisions regarding continuation awards and the
funding level of such awards will be made after consideration of such
factors as the grantee's progress and management practices and the
availability of funds. In all cases, continuation awards require a
determination by the Administrator that continuation is in the best
interest of the Federal Government.
[[Page 406]]
(e) Neither the approval of any application nor the award of any
grant commits or obligates the Federal Government in any way to make any
additional, supplemental, continuation, or other award with respect to
any approved application.
(f) Small grants. For particular categories of small grants, such as
dissertation research support, the Administrator may establish a limit
on total direct costs to be awarded. Any categorical limits will be
announced in advance of the deadline for receipt of applications for
such small grants.
(g) Supplemental awards. (1) Except for small grants, supplemental
awards that would exceed 20 percent of the AHCPR approved direct costs
of the project during the project period, or that request an increase in
funds to support a change or a significant expansion of the scope of the
project, will be reviewed as competing supplemental grants in accordance
with Sec. 67.15(a). A supplemental award for preparation of data in
suitable form for transmittal in accordance with Sec. 67.21 shall be
excluded from the 20 percent aggregate.
(2) In the case of small grants, as defined in section 922(d)(2) of
the PHS Act, the Administrator will not approve a supplemental award
during the project period (excluding any supplemental award for
preparation of data in suitable form for transmittal in accordance with
Sec. 67.21) that will, in the aggregate, exceed 10 percent of the AHCPR
approved direct costs of the project.
(h) Noncompeting continuation awards. Each project with a project
period in excess of 2 years and with direct costs over the project
period in excess of the amount specified in section 922(d)(2) may be
reviewed during the second budget period and during each subsequent
budget period by at least two members of the peer review group that
reviewed the initial application, or individuals who participated in
that review, to the extent practicable. Recommendations to the
Administrator for continuation support will be based upon evaluation of:
(1) The progress of the project in meeting project objectives;
(2) The appropriateness of the management of the project and
allocation of resources within the project;
(3) The adequacy and appropriateness of the plan for carrying out
the project during the budget period in light of the accomplishments
during previous budget periods; and
(4) The reasonableness of the proposed budget for the subsequent
budget period.
Sec. 67.18 Use of project funds.
Grant funds must be spent solely for carrying out the approved
project in accordance with Title IX of PHS Act, section 1142 of the
Social Security Act (if applicable), the regulations of this subpart,
the terms and conditions of the award, and the provisions of 45 CFR part
74, or part 92 for State and local government grantees.
Sec. 67.19 Other applicable regulations.
Several other regulations apply to grants under this subpart. These
include, but are not limited to:
37 CFR part 401--Inventions and patents
42 CFR part 50 subpart A--Responsibility of PHS awardee and applicant
institutions for dealing with and reporting possible misconduct in
science
42 CFR part 50 subpart D--Public Health Service grant appeals procedure
42 CFR part 50 subpart F--Responsibility of applicants for promoting
objectivity in research for which PHS funding is sought
45 CFR part 16--Procedures of the departmental grant appeals board
45 CFR part 46--Protection of human subjects
45 CFR part 74--Administration of grants
45 CFR part 76--Governmentwide debarment and suspension (nonprocurement)
and governmentwide requirements for drug-free workplace (grants)
45 CFR part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and Human Services
effectuation of Title VI of the Civil Rights Act of 1964
45 CFR part 81--Practice and procedure for hearings under Part 80 of
this title
45 CFR part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving or benefiting from Federal financial assistance
45 CFR part 86--Nondiscrimination on the basis of sex in education
programs and activities receiving or benefiting from Federal financial
assistance
[[Page 407]]
45 CFR part 91--Nondiscrimination on the basis of age in DHHS programs
or activities receiving Federal financial assistance
45 CFR part 92--Uniform administrative requirements for grants and
cooperative agreements with State and local governments
45 CFR part 93--New restrictions on lobbying
Sec. 67.20 Confidentiality.
The confidentiality of identifying information obtained in the
course of conducting or supporting grant and cooperative agreement
activities under this subpart is protected by section 903(c) of the PHS
Act. Specifically:
(a) No information obtained in the course of conducting or
supporting grant and cooperative agreement activities under this
subpart, if the entity or individual supplying the information or
described in it is identifiable, may be used for any purpose other than
the purpose for which it was supplied, unless the identifiable entity or
individual supplying the information or described in it has consented to
such other use, in the recorded form and manner as the Administrator may
require; and
(b) No information obtained in the course of grant and cooperative
agreement activities conducted or supported under this subpart maybe
published or released in other form if the individual who supplied the
information or who is described in it is identifiable, unless such
individual has consented, in the recorded form and manner as the
Administrator may require, to such publication or release.
Sec. 67.21 Control of data and availability of publications.
Except as otherwise provided in the terms and conditions of the
award and subject to the confidentiality requirements of section 903(c)
of the PHS Act, section 1142(d) of the Social Security Act, and Sec.
67.20 of this subpart:
(a) All data collected or assembled for the purpose of carrying out
health services research, evaluation, demonstration, or dissemination
projects supported under this subpart shall be made available to the
Administrator, upon request:
(b) All publications, reports, papers, statistics, or other
materials developed from work supported, in whole or in part, by an
award made under this subpart must be submitted to the Administrator in
a timely manner. All such publications must include an acknowledgement
that such materials are the results of, or describe, a grant activity
supported by AHCPR;
(c) The AHCPR retains a royalty-free, non-exclusive, and irrevocable
license to reproduce, publish, use, or disseminate any copyrightable
material developed in the course of or under a grant for any purpose
consistent with AHCPR's statutory responsibilities, and to authorize
others to do so for the accomplishment of AHCPR purposes; and
(d) Except for identifying information protected by section 903(c)
of the PHS Act, the Administrator, as appropriate, will make information
obtained with AHCPR grant support available, and arrange for
dissemination of such information and material on as broad a basis as
practicable and in such form as to make them as useful as possible to a
variety of audiences, including health care providers, practitioners,
consumers, educators, and policymakers.
Sec. 67.22 Additional conditions.
The Administrator may, with respect to any grant awarded under this
subpart, impose additional conditions prior to or at the time of any
award when in the Administrator's judgment such conditions are necessary
to assure or protect advancement of the approved project, the interest
of the public health, or the conservation of grant funds.
Subpart B_Peer Review of Contracts for Health Services Research,
Evaluation, Demonstration, and Dissemination Projects
Sec. 67.101 Purpose and scope.
(a) The regulations of this subpart apply to the peer review of
contracts under:
(1) Title IX of the Public Health Service Act to support research,
evaluation, demonstration, and dissemination projects, including
conferences, on health care services and systems for
[[Page 408]]
the delivery of such services; and development of clinical practice
guidelines, quality standards, performance measures, and review
criteria.
(2) Section 1142 of the Social Security Act to support research on
the outcomes, effectiveness, and appropriateness of health care services
and procedures, including, but not limited to, evaluations of
alternative services and procedures; projects to improve methods and
data bases for outcomes and effectiveness research; dissemination of
research information and clinical practice guidelines, as well as
quality standards, performance measures, and review criteria;
conferences; and research on dissemination methods.
(b) The regulations of this subpart also contain provisions
respecting confidentiality of research data, control of data, and
availability of information.
Sec. 67.102 Definitions.
Contract proposal means a written offer to enter into a contract
submitted to a contracting officer by an individual or non-Federal
organization, and including at a minimum a description of the nature,
purpose, duration, cost of project and methods, personnel, and
facilities to be utilized in carrying out the requirements of the
contract.
Peer review group means a panel of experts, as required by section
922(c) of the PHS Act, established to conduct technical and scientific
review of contract proposals and to make recommendations to the
Administrator regarding the merits of such proposals.
Request for proposals means a Government solicitation to prospective
offerors, under procedures for negotiated contracts, to submit a
proposal to fulfill specific agency requirements based on terms and
conditions defined in the solicitation. The solicitation contains
information sufficient to enable all offerors to prepare competitive
proposals, and is as complete as possible with respect to: The nature of
work to be performed; descriptions and specifications of items to be
delivered; performance schedule; special requirements, clauses or other
circumstances affecting the contract; and criteria by which the
proposals will be evaluated.
Sec. 67.103 Peer review of contract proposals.
(a) All contract proposals for AHCPR support will be submitted by
the Administrator for review to a peer review group, as required in
section 922(a) of the PHS Act. Proposals will be reviewed in accordance
with the Federal Acquisition Regulations and the Health and Human
Services Acquisition Regulations (48 CFR Ch. I and III) and the
requirements of the pertinent Request for Proposal.
(b) Establishment of peer review groups. In accordance with section
922(c) of the PHS Act, the Administrator shall establish such peer
review groups as may be necessary to review all contract proposals
submitted to AHCPR.
(c) Composition of peer review groups. The peer review groups shall
be composed of individuals, in accordance with section 922(c) of the PHS
Act, as amended, who by virtue of their training or experience are
eminently qualified to carry out the duties of such a peer review group.
Officers and employees of the United States may not constitute more than
25 percent of the membership of any such group. Members of the peer
review group will be selected based upon their training or experience in
relevant scientific and technical fields, taking into account, among
other factors:
(1) The level of formal education (e.g., M.A., Ph.D., M.D., D.N.Sc.)
completed by the individual and/or, as appropriate, the individual's
pertinent experience and expertise;
(2) The extent to which the individual has engaged in relevant
research, the capacities (e.g., principal investigator, assistant) in
which the individual has done so, and the quality of such research;
(3) The extent of the professional recognition received by the
individual as reflected by awards and other honors received from
scientific and professional organizations outside the Department of
Health and Human Services;
(4) The need of the peer review group to include in its membership
experts representing various areas of specialization in relevant
scientific and technical fields, or specific health care issues; and
[[Page 409]]
(5) Appropriate representation based on gender, racial/ethnic
origin, and geography, to the extent practicable.
(d) Term of peer review group members. Notwithstanding section
922(c)(3) of the PHS Act, members of peer review groups appointed to
review contract proposals will be appointed to such groups for a limited
period of time, as determined by the Administrator; such as on an annual
basis, or until the peer review of the contract proposals is completed,
or until the expiration of the contract(s) awarded as a result of the
peer review.
(e) Conflict of interest. (1) Members of peer review groups will be
screened for potential conflicts of interest prior to appointment and
will be required to follow Department policies and procedures consistent
with the Standards of Ethical Conduct for Employees of the Executive
Branch (5 CFR part 2635) and Executive Order 12674 (as modified by
Executive Order 12731).
(2) In addition to any restrictions referenced under paragraph
(e)(1) of this section:
(i) No member of a peer review group may participate in or be
present during any review by such group of a contract proposal in which,
to the member's knowledge, any of the following has a financial
interest:
(A) The member or his or her spouse, minor child, or partner;
(B) Any organization in which the member is serving as an officer,
director, trustee, general partner, or employee; or
(C) Any organization with which the member is negotiating or has any
arrangement concerning prospective employment or other similar
association, and further;
(ii) In the event any member of a peer review group or his or her
spouse, parent, child, or partner is currently or expected to be the
project director or member of the staff responsible for carrying out any
contract requirements as specified in the contract proposal, that member
is disqualified and will be replaced as appropriate.
Sec. 67.104 Confidentiality.
Identifying information obtained in the course of conducting AHCPR
contract activities under this subpart is protected by section 903(c) of
the PHS Act. Specifically:
(a) No information obtained in the course of conducting AHCPR
contract activities under this subpart, if the entity or individual
supplying the information or described in it is identifiable, may be
used for any purpose other than the purpose for which it was supplied,
unless the identifiable entity or individual supplying the information
or described in it has consented to such other use, in the recorded form
and manner as the Administrator may require.
(b) No information obtained in the course of conducting AHCPR
contract activities under this subpart may be published or released in
other form if the individual who supplied the information or who is
described in it is identifiable, unless such individual has consented,
in the recorded form and manner as the Administrator may require, to
such publication or release.
Sec. 67.105 Control of data and availability of publications.
(a) Data will be collected, maintained, and supplied as provided in
each contract subject to the confidentiality requirements of section
903(c) of the PHS Act, section 1142(d) of the Social Security Act, and
Sec. 67.104 of this subpart.
(b) All publications, reports, papers, statistics, or other
materials developed from work supported in whole or in part by contracts
under Title IX of the PHS Act or section 1142 of the Social Security
Act, if applicable, must be submitted to the Administrator in accordance
with the terms of the contract. All publications must include an
acknowledgment that such materials are the results of, or describe, a
contractual activity supported by AHCPR.
(c) In accordance with 48 CFR 52.227-14, unless otherwise specified
in the contract, AHCPR will retain a license to use, disclose,
reproduce, prepare derivative works from, distribute copies to the
public, and perform publicly and display publicly any copyrightable
materials produced under a contract for any purpose consistent with
AHCPR's statutory responsibilities, and to have or permit others to do
so for accomplishment of AHCPR purposes.
[[Page 410]]
(d) Except for identifying information protected by section 903(c)
of the PHS Act, the Administrator, as appropriate, will make information
provided in accordance with paragraphs (a) and (b) of this section
available, and arrange for dissemination of such information and
materials on as broad a basis as practicable and in such form as to make
them as useful as possible to a variety of audiences, including health
care providers, practitioners, consumers, educators, and policymakers.
PART 68a_NATIONAL INSTITUTES OF HEALTH (NIH) CLINICAL RESEARCH LOAN REPAYMENT
PROGRAM FOR INDIVIDUALS FROM DISADVANTAGED BACKGROUNDS (CR-LRP)--Table of
Contents
Sec.
68a.1 What is the scope and purpose of the NIH Clinical Research Loan
Repayment Program for Individuals from Disadvantaged
Backgrounds (CR-LRP)?
68a.2 Definitions.
68a.3 Who is eligible to apply?
68a.4 Who is eligible to participate?
68a.5 Who is ineligible to participate?
68a.6 How do individuals apply to participate in the CR-LRP?
68a.7 How are applicants selected to participate in the CR-LRP?
68a.8 What does the CR-LRP provide to participants?
68a.9 What loans qualify for repayment?
68a.10 What does an individual have to do in return for loan repayments
received under the CR-LRP?
68a.11 How does an individual receive loan repayments beyond the initial
two-year contract?
68a.12 What will happen if an individual does not comply with the terms
and conditions of participation in the CR-LRP?
68a.13 Under what circumstances can the service or payment obligation be
canceled, waived, or suspended?
68a.14 When can a CR-LRP payment obligation be discharged in bankruptcy?
68a.15 Additional conditions.
68a.16 What other regulations and statutes apply?
Authority: 42 U.S.C. 288-5.
Source: 63 FR 58312, Oct. 30, 1998, unless otherwise noted.
Sec. 68a.1 What is the scope and purpose of the NIH Clinical Research Loan
Repayment Program for Individuals from Disadvantaged Backgrounds (CR-LRP)?
This part applies to the award of educational loan payments under
the NIH Clinical Research Loan Repayment Program for Individuals from
Disadvantaged Backgrounds (CR-LRP) authorized by section 487E of the
Public Health Service Act (42 U.S.C. 288-5). The purpose of this program
is to recruit and retain appropriately qualified health professionals,
who are from disadvantaged backgrounds and have substantial educational
debt relative to income, to conduct clinical research as NIH employees.
Sec. 68a.2 Definitions.
As used in this part:
Act means the Public Health Service Act, as amended (42 U.S.C. 201
et seq.).
Applicant means an individual who applies to, and meets the
eligibility criteria for the CR-LRP.
Approved clinical research means clinical research approved by the
Clinical Research Loan Repayment Committee.
Clinical privileges means the delineation of privileges for patient
care granted to qualified health professionals by the NIH Medical
Executive Committee or other appropriate credentialing board.
Clinical research means activities which qualify for inclusion as
clinical research in the CR-LRP as determined by the Clinical Research
Loan Repayment Committee.
Clinical Research Loan Repayment Committee (CR-LRC) means the
scientific board assembled to review, rank, and approve or disapprove
Clinical Research Loan Repayment Program applications. The CR-LRC is
composed of NIH scientific staff and co-chaired by the Associate
Director for Clinical Research, NIH, and the Associate Director for
Research on Minority Health, NIH. Members are nominated by the Deputy
Director, Intramural Research, NIH, and the co-chairs, and appointed by
the Director, NIH.
Clinical Research Loan Repayment Program (CR-LRP or Program) means
the
[[Page 411]]
NIH Clinical Research Loan Repayment Program for Individuals from
Disadvantaged Backgrounds authorized by section 487E of the Act, as
amended.
Clinical Research Loan Repayment Program (CR-LRP or Program)
contract refers to the agreement, which is signed by an applicant and
the Secretary, wherein the applicant from a disadvantaged background
agrees to engage in clinical research as an employee of the NIH and the
Secretary agrees to repay qualified educational loans for a prescribed
period as specified in this part.
Clinical researcher means an NIH employee with clinical privileges
who is conducting approved clinical research.
Commercial loans means loans made by banks, credit unions, savings
and loan associations, not-for-profit organizations, insurance
companies, schools, and other financial or credit institutions which are
subject to examination and supervision in their capacity as lending
institutions by an agency of the United States or of the State in which
the lender has its principal place of business.
Current payment status means that a qualified educational loan is
not past due in its payment schedule as determined by the lending
institution.
Debt threshold refers to the minimum amount of qualified educational
debt an individual must have, on his/her program eligibility date, in
order to be eligible for Program benefits and, for purposes of
eligibility under this part, debt threshold means that the qualified
educational debt must equal or exceed 20 percent of an individual's
annual NIH salary on his/her program eligibility date.
Educational expenses means the cost of the health professional's
education, including the tuition expenses and other educational expenses
such as fees, books, supplies, educational equipment and materials, and
laboratory expenses.
Government loans means loans made by Federal, State, county, or city
agencies which are authorized by law to make such loans.
Individual from disadvantaged background means an individual who:
(1) Comes from an environment that inhibited the individual from
obtaining the knowledge, skill and ability required to enroll in and
graduate from a health professions school; or
(2) Comes from a family with an annual income below a level based on
low-income thresholds according to family size published by the U.S.
Bureau of the Census, adjusted annually for changes in the Consumer
Price Index, and adjusted by the Secretary for use in all health
professions programs. The Secretary periodically publishes these income
levels in the Federal Register.
Institute, Center, or Agency (ICA) means an institute, center, or
agency of the National Institutes of Health.
Living expenses means the reasonable cost of room and board,
transportation and commuting costs, and other reasonable costs incurred
during an individual's attendance at an educational institution.
Participant means an individual whose application to the CR-LRP has
been approved and whose Program contract has been executed by the
Secretary.
Program means the NIH Clinical Research Loan Repayment Program for
Individuals from Disadvantaged Backgrounds.
Program eligibility date means the date on which an individual's
Program contract is executed by the Secretary and that individual is
engaged in approved clinical research as an employee of the NIH.
Qualified educational loans and interest/debt include Government and
commercial educational loans and interest for:
(1) Undergraduate, graduate, and health professional school tuition
expenses;
(2) Other reasonable educational expenses required by the school(s)
attended, including fees, books, supplies, educational equipment and
materials, and laboratory expenses; and (3) reasonable living expenses,
including the cost of room and board, transportation and commuting
costs, and other reasonable living expenses incurred.
Reasonable educational and living expenses means those educational
and living expenses which are equal to or less than the sum of the
school's estimated
[[Page 412]]
standard student budget for educational and living expenses for the
degree program and for the year(s) during which the participant was
enrolled in school. If there is no standard budget available from the
school or if the participant requests repayment for educational and
living expenses which exceed the standard student budget, reasonableness
of educational and living expenses incurred must be substantiated by
additional contemporaneous documentation, as determined by the
Secretary.
Repayable debt means the portion, as established by the Secretary,
of an individual's total qualified educational debt relative to the NIH
salary, which can be paid by the CR-LRP. Specifically, qualifying
educational debt amounts in excess of 50 percent of the debt threshold
will be considered for repayment.
Salary means base pay plus quarters, subsistence, and variable
housing allowances, if applicable.
School means undergraduate, graduate, and health professions schools
which are accredited by a body or bodies recognized for accreditation
purposes by the Secretary of Education.
Secretary means the Secretary of Health and Human Services and any
other officer or employee of the Department of Health and Human Services
to whom the authority involved has been delegated.
Service means the Public Health Service.
State means one of the fifty States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the U.S.
Virgin Islands, Guam, American Samoa, and the Trust Territory of the
Pacific Islands (the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau).
Withdrawal means a request by a participant, prior to the Program
making payments on his or her behalf, for withdrawal from Program
participation. A withdrawal is without penalty to the participant and
without obligation to the Program.
Sec. 68a.3 Who is eligible to apply?
To be eligible to apply to the CR-LRP, an individual must be a
citizen, national, or permanent resident of the United States; hold a
M.D., Ph.D., D.O., D.D.S., D.M.D., A.D.N./B.S.N., or equivalent degree;
have, on his/her program eligibility date, qualified educational debt
equal to or in excess of the debt threshold; and be an individual from a
disadvantaged background.
Sec. 68a.4 Who is eligible to participate?
To be eligible to participate in the CR-LRP, an applicant must have
the recommendation of the employing ICA Scientific Program Director, the
concurrence of the employing ICA Director, and the approval of the CR-
LRC. Since participation in the Program is contingent, in part, upon
employment with NIH, a Program contract may not be awarded to an
applicant until an employment commitment has been made by the employing
ICA Personnel Department.
Sec. 68a.5 Who is ineligible to participate?
The following individuals are ineligible for CR-LRP participation:
(a) Persons who are not eligible applicants as specified under
section 68a.3;
(b) Persons who owe an obligation of health professional service to
the Federal Government, a State, or other entity, unless a deferral is
granted for the length of his/her service obligation under the CR-LRP.
The following are examples of programs which have a service obligation:
Physicians Shortage Area Scholarship Program, National Research Service
Award Program, Public Health Service Scholarship, National Health
Service Corps Scholarship Program, Armed Forces (Army, Navy, or Air
Force) Professions Scholarship Program, Indian Health Service
Scholarship Program, and the NIH AIDS Research Loan Repayment Program.
(c) Persons who are not NIH employees, such as Intramural Research
Training Award (IRTA) recipients, Visiting Fellows, National Research
Service Award (NRSA) recipients, Guest Researchers or Special
Volunteers, NIH-National Research Council (NRC) Biotechnology Research
Associates Program participants, and Intergovernmental Personnel Act
(IPA) participants; or
[[Page 413]]
(d) Persons who do not have clinical privileges.
Sec. 68a.6 How do individuals apply to participate in the CR-LRP?
An application for participation in the CR-LRP shall be submitted to
the NIH office which is responsible for the Program's administration, in
such form and manner as the Secretary may prescribe.
Sec. 68a.7 How are applicants selected to participate in the CR-LRP?
To be selected for participation in the CR-LRP, applicants must
satisfy the following requirements:
(a) Applicants must meet the eligibility requirements specified in
Sec. 68a.3 and Sec. 68a.4.
(b) Applicants must not be ineligible for participation as specified
in Sec. 68a.5.
(c) Applicants must be selected for approval by the CR-LRC, based
upon a review of their applications.
Sec. 68a.8 What does the CR-LRP provide to participants?
(a) Loan repayments: For each year of service the individual agrees
to serve, with a minimum of 2 years of obligated service, the Secretary
may pay up to $20,000 per year of a participant's repayable debt.
(b) Under Sec. 68a.8(a), the Secretary will make payments in the
discharge of debt to the extent appropriated funds are available for
these purposes.
Sec. 68a.9 What loans qualify for repayment?
(a) The CR-LRP will repay participants' lenders the principal,
interest, and related expenses of qualified Government and commercial
educational loans obtained by participants for the following:
(1) Undergraduate, graduate, and health professional school tuition
expenses;
(2) Other reasonable educational expenses required by the school(s)
attended, including fees, books, supplies, educational equipment and
materials, and laboratory expenses; and
(3) Reasonable living expenses, including the cost of room and
board, transportation and commuting costs, and other living expenses as
determined by the Secretary.
(b) The following educational loans are ineligible for repayment
under the CR-LRP:
(1) Loans obtained from other than a government entity or commercial
lending institution;
(2) Loans for which contemporaneous documentation is not available;
(3) Loans or portions of loans obtained for educational or living
expenses which exceed the standard of reasonableness as determined by
the participant's standard school budget for the year in which the loan
was made, and are not determined by the Secretary to be reasonable based
on additional documentation provided by the individual;
(4) Loans, financial debts, or service obligations incurred under
the following programs: Physicians Shortage Area Scholarship Program
(Federal or State), National Research Service Award Program, Public
Health and National Health Service Corps Scholarship Training Program,
National Health Service Corps Scholarship Program, Armed Forces (Army,
Navy, or Air Force) Health Professions Scholarship Program, Indian
Health Service Program, and similar programs, upon determination by the
Secretary, which provide loans, scholarships, loan repayments, or other
awards in exchange for a future service obligation;
(5) Any loan in default or not in a current payment status;
(6) Loan amounts which participants have paid or were due to have
paid prior to the program eligibility date; and
(7) Loans for which promissory notes have been signed after the
program eligibility date.
Sec. 68a.10 What does an individual have to do in return for loan repayments
received under the CR-LRP?
Individuals must agree to be engaged in approved clinical research,
as employees of the NIH, for a minimum initial period of two consecutive
years.
[[Page 414]]
Sec. 68a.11 How does an individual receive loan repayments beyond the initial
two-year contract?
An individual may apply for and the Secretary may grant extension
contracts for one-year periods, if there is sufficient debt remaining to
be repaid and the individual is engaged in approved clinical research as
an NIH employee.
Sec. 68a.12 What will happen if an individual does not comply with the terms
and conditions of participation in the CR-LRP?
(a) Absent withdrawal (see Sec. 68a.2) or termination under
paragraph (d) of this section, any participant who fails to complete the
minimum two-year service obligation required under the Program contract
will be considered to have breached the contract and will be subject to
assessment of monetary damages and penalties as follows:
(1) Participants who leave during the first year of the initial
contract are liable for amounts already paid by the NIH on behalf of the
participant plus an amount equal to $1,000 multiplied by the number of
months of the original service obligation.
(2) Participants who leave during the second year of the contract
are liable for amounts already paid by the NIH on behalf of the
participant plus $1,000 for each unserved month.
(b) Payments of any amount owed under paragraph (a) of this section
shall be made within one year of the participant's breach (or such
longer period as determined by the Secretary).
(c) Participants who sign a continuation contract for any year
beyond the initial two-year period and fail to complete the one-year
period specified are liable for the pro rata amount of any benefits
advanced beyond the period of completed service.
(d) Terminations will not be considered a breach of contract in
cases where such terminations are beyond the control of the participant
as follows:
(1) Terminations for cause or for convenience of the Government will
not be considered a breach of contract and monetary damages will not be
assessed.
(2) Occasionally, a participant's research assignment may evolve and
change to the extent that the individual is no longer engaged in
approved clinical research. Similarly, the research needs and priorities
of the ICA and/or the NIH may change to the extent that a determination
is made that the health professional's skills may be better utilized in
a non-clinical research assignment. Under these circumstances, the
following will apply:
(i) Program participation and benefits will cease as of the date an
individual is no longer engaged in approved clinical research; and
(ii) Normally, job changes of this nature will not be considered a
breach of contract on the part of either the NIH or the participant.
Based on the recommendation of the ICA Director and concurrence of the
Secretary, the participant will be released from the remainder of his or
her service obligation without assessment of monetary penalties. The
participant in this case will be permitted to retain all Program
benefits made or owed by NIH on his/her behalf up to the date the
individual is no longer engaged in approved clinical research, except
the pro rata amount of any benefits advanced beyond the period of
completed service.
Sec. 68a.13 Under what circumstances can the service or payment obligation be
canceled, waived, or suspended?
(a) Any obligation of a participant for service or payment to the
Federal Government under this part will be canceled upon the death of
the participant.
(b) The Secretary may waive or suspend any service or payment
obligation incurred by the participant upon request whenever compliance
by the participant:
(1) Is impossible,
(2) Would involve extreme hardship to the participant, or
(3) If enforcement of the service or payment obligation would be
against equity and good conscience.
(4) The Secretary may approve a request for a suspension of the
service or payment obligations for a period of 1 year. A renewal of this
suspension may also be granted.
(c) Compliance by a participant with a service or payment obligation
will be
[[Page 415]]
considered impossible if the Secretary determines, on the basis of such
information and documentation as may be required, that the participant
suffers from a physical or mental disability resulting in the permanent
inability of the participant to perform the service or other activities
which would be necessary to comply with the obligation.
(d) In determining whether to waive or suspend any or all of the
service or payment obligations of a participant as imposing an undue
hardship and being against equity and good conscience, the Secretary, on
the basis of such information and documentation as may be required, will
consider:
(1) The participant's present financial resources and obligations;
(2) The participant's estimated future financial resources and
obligations; and
(3) The extent to which the participant has problems of a personal
nature, such as a physical or mental disability or terminal illness in
the immediate family, which so intrude on the participant's present and
future ability to perform as to raise a presumption that the individual
will be unable to perform the obligation incurred.
Sec. 68a.14 When can a CR-LRP payment obligation be discharged in bankruptcy?
Any payment obligation incurred under Sec. 68a.12 may be discharged
in bankruptcy under Title 11 of the United States Code only if such
discharge is granted after the expiration of the five-year period
beginning on the first date that payment is required and only if the
bankruptcy court finds that a nondischarge of the obligation would be
unconscionable.
Sec. 68a.15 Additional conditions.
When a shortage of funds exists, participants may be funded
partially, as determined by the Secretary. However, once a CR-LRP
contract has been signed by both parties, the Secretary will obligate
such funds as necessary to ensure that sufficient funds will be
available to pay benefits for the duration of the period of obligated
service unless, by mutual written agreement between the Secretary and
the applicant, specified otherwise. Benefits will be paid on a quarterly
basis after each service period unless specified otherwise by mutual
written agreement between the Secretary and the applicant. The Secretary
may impose additional conditions as deemed necessary.
Sec. 68a.16 What other regulations and statutes apply?
Several other regulations and statutes apply to this part. These
include, but are not necessarily limited to:
Debt Collection Act of 1982, Pub. L. 97-365 (5 U.S.C. 5514);
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
Federal Debt Collection Procedures Act of 1990, Pub. L. 101-647 (28
U.S.C. 1); and
Privacy Act of 1974 (5 U.S.C. 552a).
PART 68c_NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
CONTRACEPTION AND INFERTILITY RESEARCH LOAN REPAYMENT PROGRAM--Table of
Contents
Sec.
68c.1 What is the scope and purpose of the National Institute of Child
Health and Human Development (NICHD) Contraception and
Infertility Research Loan Repayment Program (CIR-LRP)?
68c.2 Definitions.
68c.3 Who is eligible to apply?
68c.4 Who is eligible to participate?
68c.5 Who is ineligible to participate?
68c.6 How do individuals apply to participate in the CIR-LRP?
68c.7 How are applicants selected to participate in the CIR-LRP?
68c.8 What does the CIR-LRP provide to participants?
68c.9 What loans qualify for repayment?
68c.10 What does an individual have to do in return for loan repayments
received under the CIR-LRP?
68c.11 How does an individual receive loan repayments beyond the initial
two-year contract?
68c.12 What will happen if an individual does not comply with the terms
and conditions of participation in the CIR-LRP?
68c.13 Under what circumstances can the service or payment obligation be
canceled, waived, or suspended?
68c.14 When can a CIR-LRP payment obligation be discharged in
bankruptcy?
68c.15 Additional conditions.
68c.16 What other regulations and statutes apply?
Authority: 42 U.S.C. 288-2.
[[Page 416]]
Source: 67 FR 17651, Apr. 11, 2002, unless otherwise noted.
Sec. 68c.1 What is the scope and purpose of the National Institute of Child
Health and Human Development (NICHD) Contraception and Infertility Research
Loan Repayment Program (CIR-LRP)?
This part applies to the award of educational loan payments under
the National Institute of Child Health and Human Development (NICHD)
Contraception and Infertility Research Loan Repayment Program (CIR-LRP)
authorized by section 487B of the Public Health Service Act (42 U.S.C.
288-2). The purpose of this CIR-LRP is the recruitment and retention of
highly qualified health professionals to conduct contraception and/or
infertility research.
Sec. 68c.2 Definitions.
As used in this part:
Act means the Public Health Service Act, as amended (42 U.S.C. 201
et seq.).
Allied health professional means:
(1) A physician assistant; or
(2) A research assistant with at least a bachelor's degree and
applicable career goals.
Applicant means an individual who applies to, and meets the
eligibility criteria for the CIR-LRP.
Commercial loans means loans made by banks, credit unions, savings
and loan associations, not-for-profit organizations, insurance
companies, schools, and other financial or credit institutions which are
subject to examination and supervision in their capacity as lending
institutions by an agency of the United States or of the State in which
the lender has its principal place of business.
Contraception and Infertility Research Loan Repayment Program (CIR-
LRP or Program) means the NICHD Contraception and Infertility Research
Loan Repayment Program authorized by section 487B of the Act.
Contraception and Infertility Research Loan Repayment Program (CIR-
LRP or Program) contract refers to the agreement, which is signed by an
applicant and the Secretary, wherein the applicant agrees to participate
in research on infertility or contraceptive development and the
Secretary agrees to repay qualified educational loans for a prescribed
period as specified in this part.
Contraception and Infertility Research Loan Repayment Program (CIR-
LRP or Program) Panel means a board assembled to review, rank, and
approve or disapprove CIR-LRP applications. The Panel is composed of the
Deputy Director, NICHD, representatives of NICHD's Office of
Administrative Management, respective Program Officers of the Center for
Population Research, and other special consultants as required.
Contraceptive development means research whose ultimate goal is to
provide new or improved means of preventing pregnancy.
Educational expenses means the cost of the health professional's
education, including the tuition expenses and other educational expenses
such as fees, books, supplies, educational equipment and materials, and
laboratory expenses.
Government loans means loans made by Federal, State, county, or city
agencies which are authorized by law to make such loans.
Health professional means an individual who is a physician, Ph.D-
level scientist, nurse, or a graduate student or postgraduate research
fellow working toward a degree that will enable them to practice in one
of those professions.
Infertility research means research whose long-range objective is to
evaluate, treat or ameliorate conditions which result in the failure of
couples to either conceive or bear young.
Living expenses means the reasonable cost of room and board,
transportation and commuting costs, and other reasonable costs incurred
during an individual's attendance at an educational institution.
Eligible NICHD-supported extramural site means a site funded by
NICHD that can be identified as one of the following:
(1) A Cooperative Specialized Contraception and Infertility Research
Center;
(2) A Cooperative Specialized Research Center in Reproduction
Research;
(3) A Women's Reproductive Health Research Career Development
Center; and
[[Page 417]]
(4) Reproductive Medicine Unit identified as a clinical site for the
National Cooperative Reproductive Medicine Network, or other sites as
designated by the Director.
NICHD intramural laboratory means a laboratory that is supported by
the NICHD intramural research program.
Panel means the NICHD Contraception and Infertility Research Loan
Repayment Program Panel.
Participant means an individual whose application to the CIR-LRP has
been approved and whose Program contract has been executed by the
Secretary.
Qualified educational loans include Government and commercial
educational loans, interest and related expenses for--
(1) Undergraduate, graduate, and health professional school tuition
expenses;
(2) Other reasonable educational expenses required by the school(s)
attended, including fees, books, supplies, educational equipment and
materials, and laboratory expenses; and
(3) Reasonable living expenses, including the cost of room and
board, transportation and commuting costs, and other reasonable living
expenses incurred.
Reasonable educational and living expenses means those educational
and living expenses which are equal to or less than the sum of the
school's estimated standard student budget for educational and living
expenses for the degree program and for the year(s) during which the
participant was enrolled in school. If there is no standard budget
available from the school or if the participant requests repayment for
educational and living expenses which exceed the standard student
budget, reasonableness of educational and living expenses incurred must
be substantiated by additional contemporaneous documentation, as
determined by the Secretary.
Research on infertility or contraceptive development means
activities which qualify for participation in the CIR-LRP as determined
by the Program Panel.
School means undergraduate, graduate, and health professions schools
which are accredited by a body or bodies recognized for accreditation
purposes by the Secretary of Education.
Secretary means the Secretary of Health and Human Services and any
other officer or employee of the Department of Health and Human Services
to whom the authority involved has been delegated.
Service means the Public Health Service.
State means one of the fifty States, the District of Columbia, the
Commonwealth of Puerto Rico, the Northern Mariana Islands, the U.S.
Virgin Islands, Guam, American Samoa, and the Trust Territory of the
Pacific Islands (the Federated States of Micronesia, the Republic of the
Marshall Islands, and the Republic of Palau).
Withdrawal means an individual's cessation of participation in the
Program pursuant to a request by that participant that is implemented by
the Secretary prior to the Program making payments on the participant's
behalf. A withdrawal is without penalty to the participant and without
obligation to the Program.
Sec. 68c.3 Who is eligible to apply?
To be eligible to apply to the CIR-LRP, an individual must be a
qualified health or allied health professional who is at the time of
application, or will be at the time of inception into the CIR-LRP,
engaged in employment/training at an NICHD intramural laboratory or an
eligible NICHD-supported extramural site.
Sec. 68c.4 Who is eligible to participate?
To be eligible to participate in the CIR-LRP, the applicant must
have institutional assurance of employment/affiliation with the NICHD
intramural laboratory or eligible NICHD-supported extramural site and
approval of the CIR-LRP Panel, must meet the criteria specified in Sec.
68c.3, and not be ineligible to participate under Sec. 68c.5.
Sec. 68c.5 Who is ineligible to participate?
The following individuals are ineligible for CIR-LRP participation:
(a) Persons who are not eligible applicants as specified under Sec.
68c.3;
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(b) Persons who owe an obligation of health professional service to
the Federal Government, a State, or other entity. The following are
examples of programs which have a service obligation: Physicians
Shortage Area Scholarship Program, National Research Service Award
Program, Public Health Service Scholarship, National Health Service
Corps Scholarship Program, Armed Forces (Army, Navy, or Air Force)
Professions Scholarship Program, Indian Health Service Scholarship
Program, National Health Service Corp Loan Repayment Program, and NIH
loan repayment programs.
Sec. 68c.6 How do individuals apply to participate in the CIR-LRP?
An application for participation in the CIR-LRP shall be submitted
to the Center for Population Research, NICHD, NIH, which is responsible
for the Program's administration, in such form and manner as the
Secretary may prescribe.
Sec. 68c.7 How are applicants selected to participate in the CIR-LRP?
To be selected for participation in the CIR-LRP, applicants must
satisfy the following requirements:
(a) Applicants must meet the eligibility requirements specified in
Sec. 68c.3 and Sec. 68c.4.
(b) Applicants must not be ineligible for participation as specified
in Sec. 68c.5.
(c) Applicants must propose repayment of a loan that meets the
requirements of Sec. 68c.9.
(d) Applicants must be selected for approval by the CIR-LRP Panel
based upon a review of their applications.
Sec. 68c.8 What does the CIR-LRP provide to participants?
(a) Loan repayments. Upon receipt of an individual's written
commitment to serve a minimum initial period of two years of obligated
service in accordance with this part, the Secretary may pay up to
$35,000 per year of a participant's repayable debt for each year the
individual serves.
(b) Under paragraph (a) of this section, the Secretary will make
payments in the discharge of debt to the extent appropriated funds are
available for that purpose. When a shortage of funds exists,
participants may be funded partially, as determined by the Secretary.
However, once a CIR-LRP contract has been signed by both parties, the
Secretary will obligate such funds as necessary to ensure that
sufficient funds will be available to pay benefits for the duration of
the period of obligated service unless otherwise specified by mutual
written agreement between the Secretary and the applicant. Benefits will
be paid on a quarterly basis after each service period unless otherwise
specified by mutual written agreement between the Secretary and the
applicant.
Sec. 68c.9 What loans qualify for repayment?
(a) The CIR-LRP will repay participants' lenders the principal,
interest, and related expenses of qualified Government and commercial
educational loans obtained by participants for the following:
(1) Undergraduate, graduate, and health professional school tuition
expenses;
(2) Other reasonable educational expenses required by the school(s)
attended, including fees, books, supplies, educational equipment and
materials, and laboratory expenses; and
(3) Reasonable living expenses, including the cost of room and
board, transportation and commuting costs, and other living expenses as
determined by the Secretary.
(b) The following educational loans are ineligible for repayment
under the CIR-LRP:
(1) Loans obtained from other than a government entity or commercial
lending institution;
(2) Loans for which contemporaneous documentation is not available;
(3) Loans or portions of loans obtained for educational or living
expenses which exceed the standard of reasonableness as determined by
the participant's standard school budget for the year in which the loan
was made, and are not determined by the Secretary to be reasonable based
on additional documentation provided by the individual;
(4) Loans, financial debts, or service obligations incurred under
the following programs: Physicians Shortage
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Area Scholarship Program (Federal or State), National Research Service
Award Program, Public Health and National Health Service Corps
Scholarship Training Program, National Health Service Corps Scholarship
Program, Armed Forces (Army, Navy, or Air Force) Health Professions
Scholarship Program, Indian Health Service Program, and similar
programs, upon determination by the Secretary, which provide loans,
scholarships, loan repayments, or other awards in exchange for a future
service obligation;
(5) Any loan in default or not in a current payment status;
(6) Loan amounts which participants have paid or were due for
payment prior to inception into the CIR-LRP; and
(7) Loans for which promissory notes have been signed after the
individual's acceptance into the CIR-LRP.
Sec. 68c.10 What does an individual have to do in return for loan repayments
received under the CIR-LRP?
Individuals must make a written commitment in accordance with this
part to conduct, and must actually conduct research with respect to
contraception and/or infertility at an NICHD intramural laboratory or an
eligible NICHD-supported extramural site for a minimum initial period of
two years.
Sec. 68c.11 How does an individual receive loan repayments beyond the initial
two-year contract?
An individual may apply for and the Secretary may grant extension
contracts for one-year periods, if there is sufficient debt remaining to
be repaid and the individual is engaged in research on infertility or
contraceptive development at an NICHD intramural laboratory or eligible
NICHD-supported extramural site.
Sec. 68c.12 What will happen if an individual does not comply with the terms
and conditions of participation in the CIR-LRP?
(a) Absent withdrawal (see Sec. 68c.2) or termination under
paragraph (d) of this section, any participant who fails to begin or
complete the minimum two-year service obligation required under the
Program contract, will be considered to have breached the contract and
will be subject to assessment of monetary damages and penalties as
follows:
(1) Participants who leave during the first year of the initial
contract are liable for amounts already paid by the CIR-LRP on behalf of
the participant plus an amount equal to $1,000 multiplied by the number
of months of the original two-year service obligation.
(2) Participants who leave during the second year of the contract
are liable for amounts already paid by the NICHD on behalf of the
participant plus $1,000 for each unserved month.
(b) Participants who sign a continuation contract for any year
beyond the initial two-year period and fail to complete the one-year
period specified are liable for the pro rata amount of any benefits
advanced beyond the period of completed service plus an amount equal to
the number of months of obligated service that were not completed by the
participant multiplied by $1,000.
(c) Payments of any amount owed under paragraph (a) or (b) of this
section shall be made within one year of the participant's breach (or
such longer period as determined by the Secretary).
(d) Terminations will not be considered a breach of contract in
cases where such terminations are beyond the control of the participant
as follows:
(1) Terminations for cause or for convenience of the Government that
are not based upon a breach or default of the participant will not be
considered a breach of contract and monetary damages will not be
assessed.
(2) The participant transfers to another NICHD intramural laboratory
or eligible NICHD-supported extramural site, in which case the
participant remains bound to any and all obligations of the contract.
(3) The participant transfers to a site other than an NICHD
intramural laboratory or eligible NICHD-supported extramural site, in
which case the participant may not be assessed monetary penalties if, in
the judgement of the CIR-LRP Panel, the participant continues to engage
in contraception and/or infertility research for any remaining period of
obligated service as set forth in the contract.
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Sec. 68c.13 Under what circumstances can the service or payment obligation be
canceled, waived, or suspended?
(a) Any obligation of a participant for service or payment to the
Federal Government under this part will be canceled upon the death of
the participant.
(b)(1) The Secretary may waive or suspend any service or payment
obligation incurred by the participant upon request whenever compliance
by the participant:
(i) Is impossible;
(ii) Would involve extreme hardship to the participant; or
(iii) If enforcement of the service or payment obligation would be
against equity and good conscience.
(2) The Secretary may approve a request for a suspension of the
service or payment obligations for a period of 1 year. A renewal of this
suspension may also be granted.
(c) Compliance by a participant with a service or payment obligation
will be considered impossible if the Secretary determines, on the basis
of information and documentation as may be required, that the
participant suffers from a physical or mental disability resulting in
the permanent inability of the participant to perform the service or
other activities which would be necessary to comply with the obligation.
(d) In determining whether to waive or suspend any or all of the
service or payment obligations of a participant as imposing an undue
hardship and being against equity and good conscience, the Secretary, on
the basis of information and documentation as may be required, will
consider:
(1) The participant's present financial resources and obligations;
(2) The participant's estimated future financial resources and
obligations; and
(3) The extent to which the participant has problems of a personal
nature, such as a physical or mental disability or terminal illness in
the immediate family, which so intrude on the participant's present and
future ability to perform as to raise a presumption that the individual
will be unable to perform the obligation incurred.
Sec. 68c.14 When can a CIR-LRP payment obligation be discharged in
bankruptcy?
Any payment obligation incurred under Sec. 68c.12 may be discharged
in bankruptcy under Title 11 of the United States Code only if such
discharge is granted after the expiration of the five-year period
beginning on the first date that payment is required and only if the
bankruptcy court finds that a nondischarge of the obligation would be
unconscionable.
Sec. 68c.15 Additional conditions.
In order to protect or conserve Federal funds or to carry out the
purposes of section 487B of the Act, or of this subpart, the Secretary
may impose additional conditions as a condition of any approval, waiver
or suspension authorized by this subpart.
Sec. 68c.16 What other regulations and statutes apply?
Several other regulations and statutes apply to this part. These
include, but are not necessarily limited to:
Debt Collection Act of 1982, Public Law 97-365 (5 U.S.C. 5514);
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
Federal Debt Collection Procedures Act of 1990, Public Law 101-647
(28 U.S.C. 1); and
Privacy Act of 1974 (5 U.S.C. 552a).
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