Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia.

Trainee means a student who is receiving traineeship funds from a grant made under these regulations.

[45 FR 73658, Nov. 6, 1980, as amended at 49 FR 21535, May 22, 1984; 61 FR 6130, Feb. 16, 1996]

§ 58.223 Who is eligible to apply for a grant?

Any public or nonprofit private educational entity (excluding schools of public health) located in a State is eligible to apply for a grant to support traineeships in its graduate program in health administration, hospital administration, or health policy analysis and planning which has been accredited, or is about to be accredited, according to section 799(1)(E) of the Act.

[49 FR 21535, May 22, 1984, as amended at 61 FR 6130, Feb. 16, 1996]

§ 58.224 How will applications be evaluated?

(a) As required by section 798(a) of the Act, each application for a grant under this subpart shall be submitted to a peer review group, composed principally of non-Federal experts, for an evaluation of the merits of the proposals made in the application. The Secretary may not approve such an application unless a peer review group has recommended the application for approval.

(b) The following criteria will be used for review of applications:

(1) The administrative and management ability of the applicant to carry out the proposed project in a cost-effective manner;

(2) The adequacy of the staff and faculty;

(3) The adequacy of institutional resources available to conduct graduate level education, to include the adequacy of teaching facilities;

(4) The adequacy of recruitment and placement assistance for students in accord with the legislative purpose and intent; and

(5) The extent to which the application justifies the purpose, scope, and

FTS is the number of full-time students enrolled in these programs and PTC is the total number of credit hours in which part-time students are enrolled. If necessary, the figure for PTC/9 will be rounded to the next highest number. Students will be counted as of October 15 of the fiscal year in which application is made. The amount of a grant will never exceed the amount requested by the applicant.

[45 FR 73658, Nov. 6, 1980, as amended at 49 FR 21536, May 22, 1984; 61 FR 6131, Feb. 16, 1996]

§ 58.226 How long does grant support last?

(a) The notice of grant award specifies the period during which funds are available for obligation by the grantee. This period will not exceed one year. If at any time during the period of the grant it becomes apparent to the Secretary that the amount of Federal funds awarded and available to the grantee for that period, exceeds the grantee's needs for that period, the Secretary may adjust the amounts awarded by withdrawing the excess.

(b) 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.

§ 58.227 For what purposes may grant funds be spent?

(a) A grantee shall only spend funds it receives under this subpart according to the approved application and budget, the authorizing legislation, terms and conditions of the grant award, applicable cost principles in subpart Q of 45 CFR part 74, and these regulations. Use of traineeship funds to meet the direct or indirect administrative costs of the training institution is not authorized.

(b) Grantees may not spend grant funds for sectarian instruction or for any religious purpose.

§ 58.228 Who is eligible for financial assistance as a trainee?

To be eligible for a traineeship, an individual must meet the following conditions:

(a) The individual must be a resident of the United States and either a citizen or national of the United States, an alien lawfully admitted for permanent residence in the United States, a citizen of the Commonwealth of the Northern Mariana Islands, a citizen of the Republic of Palau, a citizen of the Republic of the Marshall Islands or a citizen of the Federated States of Micronesia.

(b) The individual must be accepted for enrollment, or be enrolled in a grantee's accredited graduate program in health administration, hospital administration, or health policy analysis and planning;

(c) The individual may not be receiving concurrent support for the same training from another Federal source except education benefits under the Veteran's Readjustment Benefits Act.

[45 FR 73658, Nov. 6, 1980, as amended at 49 FR 21536, May 22, 1984. Redesignated and amended at 61 FR 6131, Feb. 16, 1996]

(a) The grantee may use grant funds to pay for:

(1) Tuition and fees, in accordance with the established rates of the institution except as limited by the Secretary;

(2) Stipends, for full time trainees in whatever amount the grantee determines that each trainee needs to pursue the training program, as long as that amount does not exceed the limits established by the Secretary;

(3) Transportation allowances on an individual basis when prior approval has been obtained from the Secretary in the following circumstances:

(1) In cases of extreme need, the grantee may pay a trainee an allowance from grant funds for travel from his or her residence to the training site.

(ii) The grantee may pay a trainee an allowance from grant funds for travel to field training if the site is beyond a reasonable commuting distance and requires the trainee to establish a temporary new residence. However, the grantee may not pay an allowance for daily commuting from the new place of residence to the field training headquarters.

(iii) The grantee may pay a trainee an allowance from grant funds for domestic travel to conduct research to meet dissertation requirements.

(b) The grantee may not give a stipend or allowance to a part-time trainee, but may give a traineeship award to pay a part-time trainee's tuition and fees.

[45 FR 73658, Nov. 6, 1980. Redesignated at 61 FR 6131, Feb. 16, 1996]

§ 58.230 Duration of traineeships.

A traineeship must be for a full academic year except that an appointment for less than a full academic year may be made to a student who will complete his or her program of study in a lesser time or when joint-degree programs require enrollment at another unit of the grantee institution for part of the academic year. A traineeship may not exceed 12 months in duration. However a grantee may make consecutive or subsequent traineeship appointments to

(a) Upon request of the trainee; (b) If the trainee withdraws from the grantee institution; or

(c) If the grantee determines that: (1) The trainee is no longer an enrolled student; or

(2) The trainee is not eligible or able to continue in attendance in accordance with its standards and practices.

[45 FR 73658, Nov. 6, 1980. Redesignated at 61 FR 6131, Feb. 16, 1996]

§ 58.232 What additional Department regulations apply to grantees? Several other Department regulations apply to grantees. They 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 46-Protection of human subjects

45 CFR part 74-Administration of 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 83-Regulation for the administration and enforcement of sections 794 and 855 of the Public Health Service Act 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 93-New restrictions on lobbying [49 FR 38116, Sept. 27, 1984. Redesignated and amended at 61 FR 6131, Feb. 16, 1996]

59.3 Who is eligible to apply for a family planning services grant?

59.4 How does one apply for a family planning services grant?

59.5 What requirements must be met by a family planning project?

59.6 What procedures apply to assure the suitability of informational and educational material?

59.7 Standards of compliance with prohibition on abortion.

59.8 Prohibition on counseling and referral for abortion services; limitation of program services to family planning. 59.9 Maintenance of program integrity. 59.10

Prohibition on activities that encourage, promote or advocate abortion. 59.11 What criteria will the Department of Health and Human Services (HHS) use to decide which family planning services projects to fund and in what amount? 59.12 How is a grant awarded?

59.13 For what purposes may grant funds be used?

59.14 What other HHS regulations apply to grants under this subpart? 59.15 Confidentiality.

AUTHORITY: 42 U.S.C. 300a-4.

SOURCE: 45 FR 37436, June 3, 1980, unless otherwise noted.

EDITORIAL NOTE: At 58 FR 7462–7463, Feb. 5, 1993, the Secretary of Health and Human Services (HHS) suspended the effectiveness of the provisions of Subpart A issued at 53 FR 2922, Feb. 2, 1988. The actions taken on Feb. 2, 1988, were:

1. The authority citation for subpart A of 42 CFR part 59 is revised.

2. In 42 CFR 59.2, the following definitions are added:

Family planning

Grantee

Prenatal care

Program and project

Title X

Title X program and Title X project

3. In 42 CFR 59.5(a), paragraph (a)(5) is removed and paragraphs (a)(6) through (a)(11) are redesignated as paragraphs (a)(5) through (a)(10), respectively.

4. 42 CFR 59.5(b)(3)(1) is revised.

5. In 42 CFR part 59, §59.7 through § 59.13 are redesignated as §59.11 through § 59.17 respectively, and new §59.7 through §59.10 are added.

6. In addition to the amendments set forth above, in 42 CFR part 59 remove the words "project" or "projects" or "project's" and add in their place, the words "Title X project" or "Title X projects" or "Title X project's" respectively, in the following places:

(a) Section 59.2 definition of "low income family";

(b) Section 59.5(a)(1);

(c) Section 59.5(b) introductory text; (d) Section 59.5(b)(3)(111);

(e) Section 59.5(b)(4);

(f) Section 59.5(b)(7);

(g) Section 59.5(b)(10);

(h) Section 59.6(a);

(1) Newly redesignated § 59.11(a);

(k) Newly redesignated § 59.11(a)(7);

(1) Newly redesignated § 59.11(b);

(m) Newly redesignated §59.11(c);

(n) Newly redesignated §59.12(a), the first time it appears;

(0) Newly redesignated § 59.15;
(p) Newly redesignated § 59.16(a).

§ 59.1 To what programs do these reg. ulations apply?

The regulations of this subpart are applicable to the award of grants under section 1001 of the Public Health Service Act (42 U.S.C. 300) to assist in the establishment and operation of voluntary family planning projects. These projects shall consist of the educational, comprehensive medical, and social services necessary to aid individuals to determine freely the number and spacing of their children.

§ 59.2 Definitions.

As used in this subpart:

Act means the Public Health Service Act, as amended.

Family means a social unit composed of one person, or two or more persons living together, as a household.

Family planning means the process of establishing objectives for the number and spacing of one's children and selecting the means by which those objectives may be achieved. These means include a broad range of acceptable and effective methods and services to limit or enhance fertility, including contraceptive methods (including natural family planning and abstinence) and the management of infertility (including adoption). Family planning services includes preconceptional counseling, education, and general reproductive health care (including diagnosis and treatment of infections which threaten reproductive capability). Family planning does not include pregnancy care (including obstetric or prenatal care). As required by section 1008 of the Act, abortion may not be included as a method of family planning

in the title X project. Family planning, as supported under this subpart, should reduce the incidence of abortion.

Grantee means the organization to which a grant is awarded under section 1001 of the Act.

Low income family means a family whose total annual income does not exceed 100 percent of the most recent Community Services Administration Income Poverty Guidelines (45 CFR 1060.2). Low-income family also includes members of families whose annual family income exceeds this amount, but who, as determined by the title X project director, are unable, for good reasons, to pay for family planning services. For example, unemancipated minors who wish to receive services on a confidential basis must be considered on the basis of their own resources.

Nonprofit, as applied to any private agency, institution, or organization, means that no part of the entity's net earnings benefit, or may lawfully benefit, any private shareholder or individual.

Prenatal care means medical services provided to a pregnant woman to promote maternal and fetal health.

Program and project are used interchangeably and mean a coherent assembly of plans, activities and supporting resources contained within an administrative framework.

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 50 States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, Northern Marianas, or the Trust Territory of the Pacific Islands. Title X means title X of the Act, 42 U.S.C. 300, et seq.

Title X program and title X project are used interchangeably and mean the identified program which is approved by the Secretary for support under section 1001 of the Act, as the context may require. Title X project funds include all funds allocated to the title X program, including but not limited to

grant funds, grant-related income or matching funds.

[45 FR 37436, June 3, 1980, as amended at 48 FR 3614, Jan, 26, 1983; 49 FR 38118, Sept. 27, 1984; 53 FR 2944, 2946, Feb. 2, 1988]

EDITORIAL NOTE: For provisions of §59.2 which have been suspended, see the EDITORIAL NOTE following the SOURCE of Subpart A.

$59.3 Who is eligible to apply for a family planning services grant?

Any public or nonprofit private entity in a State may apply for a grant under this subpart.

§ 59.4 How does one apply for a family planning services grant?

(a) Application for a grant under this subpart shall be made on an authorized form.

(b) An individual authorized to act for the applicant and to assume on behalf of the applicant the obligations imposed by the terms and conditions of the grant, including the regulations of this subpart, must sign the application. (c) The application shall contain

(1) A description, satisfactory to the Secretary, of the project and how it will meet the requirements of this subpart;

(2) A budget and justification of the amount of grant funds requested;

(3) A description of the standards and qualifications which will be required for all personnel and for all facilities to be used by the project; and

(4) Such other pertinent information as the Secretary may require.

§ 59.5 What requirements must be met by a family planning project? (a) Each project supported under this part must:

(1) Provide a broad range of acceptable and effective medically approved family planning methods (including natural family planning methods) and services (including infertility services and services for adolescents). If an organization offers only a single method of family planning, such as natural family planning, it may participate as part of a title X project as long as the entire title X project offers a broad range of family planning services.