the Act, as the Surgeon General may prescribe. (e) Records retention. All construction, financial, and other records relating to the use of grant funds shall be retained until the grantee has received written notice that the records have been audited unless a different period is permitted or required in writing by the Surgeon General. (f) Responsible official. The official designated in the application as responsible for the coordination of the program shall continue to be responsible for the duration of the period for which grant funds are made available. The grantee shall notify the Surgeon General immediately if such official becomes unavailable to discharge this responsibility. The Surgeon General may terminate the grant whenever such official shall become thus unavailable unless the grantee replaces such official with another official found by the Surgeon General to be qualified. § 54.406 Award. Upon recommendation of the National Advisory Council on Regional Medical Programs, and within the limits of available funds, the Surgeon General shall award a grant to those applicants whose approved programs will in his judgment best promote the purposes of Title IX. In awarding grants, the Surgeon General shall take into consideration, among other relevant factors. the following: (a) Generally, the extent to which the proposed program will carry out, through regional cooperation, the purposes of Title IX, within a geographic area. (b) The capacity of the institutions or agencies within the program, individually and collectively, for research, training, and demonstration activities with respect to Title IX. (c) The extent to which the applicant or the participants in the program plan to coordinate or have coordinated the regional medical program with other activities supported pursuant to the authority contained in the Public Health Service Act and other Acts of Congress including those relating to planning and use of facilities, personnel, and equipment, and training of manpower. (d) The population to be served by the regional medical program and relationships to adjacent or other regional medical programs. (e) The extent to which all the health resources of the region have been taken (a) Termination by the Surgeon General. Any grant award may be revoked or terminated by the Surgeon General in whole or in part at any time whenever he finds that in his judgment the grantee has failed in a material respect to comply with requirements of Title IX and the regulations of this subpart. The grantee shall be promptly notified of such finding in writing and given the reasons therefor. (b) Termination by the grantee. grantee may at any time terminate or cancel its conduct of an approved project by notifying the Surgeon General in writing setting forth the reasons for such termination. A Section 601 of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Regulations implementing the statute have been issued as Part 80 of Title 45, Code of Federal Regulations. The regional medical programs provide Federal financial assistance subject to the Civil Rights Act and the regulations. Each grant is subject to the condition that the grantee shall comply with the requirements of Executive Order 11246, 30 F.R. 12319, and the applicable rules, regulations, and procedures prescribed pursuant thereto. § 54.409 Expenditures by grantee. (a) Allocation of costs. The grantee shall allocate expenditures as between direct and indirect costs in accordance with generally accepted and established accounting practices or as otherwise prescribed by the Surgeon General. (b) Direct costs in general. Funds granted for direct costs may be expended by the grantee for personal services, rental of space, materials, and supplies, and other items of necessary cost as are required to carry out the purposes of the grant. The Surgeon General may issue rules, instructions, interpretations, or limitations supplementing the regulations of this subpart and prescribing the extent to which particular types of expenditures may be charged to grant funds. (c) Direct costs; personal services. The costs of personal services are payable from grant funds substantially in proportion to the time or effort the individual devotes to carrying out the purpose of the grant. In such proportion, such costs may include all direct costs incident to such services, such as salary during vacations and retirement and workmen's compensation charges, in accordance with the policies and accounting practices consistently applied by the grantee to all its activities. (d) Direct costs; care of patients. The cost of hospital, medical or other care of patients is payable from grant funds only to the extent that such care is incident to the research, training, or demonstration activities supported by a grant hereunder. Such care shall be incident to such activities only if reasonably associated with and required for the effective conduct of such activities, and no such care shall be charged to such funds unless the referral of the patient is documented with respect to the name of the practicing physician making the referral, the name of the patient, the date of referral, and any other relevant information which may be prescribed by the Surgeon General. Grant funds shall not be charged with the cost of (1) Care for intercurrent conditions (except of an emergency nature where the intercurrent condition results from the care for which the patient was admitted for treatment) that unduly interrupt, postpone, or terminate the conduct of such activities. (2) Inpatient care if other care which would equally effectively further the 66-095-72- -10 purposes of the grant, could be provided at a smaller cost. (3) Bed and board for inpatients in excess of the cost of semiprivate accommodations unless required for the effective conduct of such activities. For the purpose of this paragraph, "semiprivate accommodations" means two-bed, threebed, and four-bed accommodations. § 54.410 Payments. The Surgeon General shall, from time to time, make payments to a grantee of all or a portion of any grant award, either in advance or by way of reimbursement for expenses to be incurred or incurred to the extent he determines such payments necessary to carry out the purposes of the grant. § 54.411 Different use or transfer; good cause for other use. (a) Compliance by grantees. If, at any time, the Surgeon General determines that the eligibility requirements for a program are no longer met, or that any facility or equipment the construction or procurement of which was charged to grant funds is, during its useful life, no longer being used for the purposes for which it was constructed or procured either by the grantee or any transferee, the Government shall have the right to recover its proportionate share of the value of the facility or equipment from either the grantee or the transferee or any institution that is using the facility or equipment. The Government's proportionate share shall be the amount bearing the same ratio to the then value of the facility or equipment, as determined by the Surgeon General, as the amount the Federal participation bore to the cost of construction or procurement. (b) Different use or transfer; notification. The grantee shall promptly notify the Surgeon General in writing if at any time during its useful life the facility or equipment for construction or procurement of which grant funds were charged is no longer to be used for the purposes for which it was constructed or procured or is sold or otherwise transferred. (c) Forgiveness. The Surgeon General may for good cause release the grantee or other owner from the requirement of continued eligibility or from the obligation of continued use of the facility or equipment for the grant purposes. In determining whether good cause exists, the Surgeon General shall take into con137 sideration, among other factors, the extent to which (1) The facility or equipment will be devoted to research, training, demonstrations, or other activities related to Title IX diseases. (2) The circumstances calling for a change in the use of the facility were not known, or with reasonable diligence could not have been known to the applicant, at the time of the application, and are circumstances reasonably beyond the control of the applicant or other owner. (3) There are reasonable assurances that other facilities not previously utilized for Title IX purposes will be so utilized and are substantially the equivalent in nature and extent for such purposes. § 54.412 Publications. Grantees may publish materials relating to their regional medical program without prior review provided that such publications carry a footnote acknowledging existence from the Public Health Service, and indicating that findings and conclusions do not represent the views of the Service. § 54.413 Copyrights. Where the grant-supported activity results in copyrightable material, the author is free to copyright, but the Public Health Service reserves a royalty-free, nonexclusive, irrevocable license for use of such material. (a) Allotments to States. The allotments to the several States under part A of title III of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act shall be computed as follows: (1) One-third weight on the basis of need for more effective prevention, treatment, and rehabilitation of alcohol abuse and alcoholism, expressed by the relationship of the population in each State to the total population of all the States. (2) Two-thirds weight on the basis of total population weighted by financial need, as determined by the relative per capita income for each State for the three most recent consecutive years for which data is available from the U.S. Department of Commerce. 57.7 Necessary costs of construction. Subpart B-Grants for Construction of Teaching Facilities for Health Professions Personnel Definitions. § 54a.101 Applicability. 57.101 57.102 Eligibility. 57.103 Priority. 57.104 Percentage of participation; amount of construction grant. 57.105 The regulations of this part apply only to grants to assist the States in planning, establishing, maintaining, coordinating, 57.106 Nondiscrimination. Terms and conditions. Subpart A-Grants for Construction of Health Research Facilities (Including Mental Retardation Facilities) AUTHORITY: The provisions of this Subpart A issued under sec. 709, 70 Stat. 720; 42 U.S.C. 292h, sec. 762, 77 Stat. 283; 42 U.S.C. 295a. Secs. 701-708, 70 Stat. 717-720, as amended, 42 U.S.C. 292-292g; secs. 761-766, 77 Stat. 282-284; 42 U.S.C. 295-295e. SOURCE: The provisions of this Subpart A appear at 29 F.R. 12649, Sept. 5, 1964, unless otherwise noted. § 57.1 Definitions. Except where the context indicates otherwise, when used in this part— (a) All terms which are defined in sections 2, 702, and 766 of the Public Health Service Act, as amended, shall have the same meaning as given them in such sections: Provided, That the term "Council" means the National Advisory Council on Health Research Facilities established by section 703, except that with respect to applications for Part D grants, "Council" means such Council or the council or councils concerned with the field or fields of research involved. (b) "Act" means the Public Health Service Act, as amended. (c) "Construction grant" means a grant for the construction of facilities authorized under Part A or Part D of Title VII of the Act. (d) "Part A grant" means a grant for the construction of facilities authorized under Part A of Title VII of the Act. (e) "Part D grant" means a grant for the construction of facilities authorized under Part D of Title VII of the Act. (f) "Equipment" means those items that are considered depreciable and as having an estimated life of not less than five years. Not included are such items as glassware, chemicals, storage batteries, and books. (g) "Research" means (1) research or (2) research and activities having related purposes (including research training and the use for medical libraries to the extent that they support research and research training) in the sciences related to health or (3) in the case of an application for a Part D grant, research, or research and related purposes, relating to human development, which may assist in finding the causes, and means of prevention, of mental retardation, or in finding means of ameliorating the effects of mental retardation. § 57.2 Eligible institutions A public or nonprofit institution shall be eligible to apply for a construction grant upon a determination by the Surgeon General: (a) That such institution is a State, county, municipal, or other non-Federal governmental agency or is a nonprofit corporation, association or other nonprofit legal person. (b) That such institution is authorized to conduct the research and engage in the activities related to health re |