forts should be made in writing to CDC at the following address: Center For Disease Control Atlanta, Ga. 30333 § 65.6 Payment of procedures. Upon notification of acceptance in a direct training course, applicants shall submit payment of fees as follows: (a) Federal agency applicants shall submit a letter identifying the agency and office to be billed, the agency order number, and any code number or other necessary billing information. (b) State and local agency applicants shall provide similar billing information or submit check payable to the Center for Disease Control. (c) All other applicants shall submit a check payable to the Center for Disease Control prior to the commencement of the course. § 65.7 Refunds. Fees may be refunded in full provided (a) notice of withdrawal is received no later than 10 days before commencement of the training and (b) the withdrawal does not result in cancellation of a course because of insufficient funds to produce the training. Fees will be refunded when an application is not accepted, when a course is oversubscribed, or when a course is canceled. § 65.8 Waivers. (a) CDC may waive the fee requirement when such waiver is judged to be in the public interest. Requests for waiver shall accompany completed applications for training or shall be submitted by organizations during arrangements for training. Waiver requests shall be submitted in writing and must include (1) an explanation of the relationship of the applicant's job to the training desired and (2) a justification for waiver of the fee, which explains how the training relates to the achievement of national goals of concern to CDC and why a waiver is needed. and Mental Health Administration, and under programs administered by the Division of Nursing of the Health Resources Administration, in matters relating to the cause, diagnosis, prevention, and treatment of diseases or other health problems, (b) training at NIH and ADAMHA of individuals to undertake such research, (c) biomedical and behavioral research at public and nonprofit private institutions, and (d) predoctoral and postdoctoral training at such institutions of individuals to undertake such research. § 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, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved has been delegated. (c) "NIH" means the National Institutes of Health. (d) "ADAMHA" means the Alcohol, Drug Abuse, and Mental Health Administration. (e) "DN" means the Division of Nursing of the Health Resources Administration (f) "Nonprofit" as applied to any institution means an 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. (g) "Award" means a National Research Service Award under section 472 of the Act (42 U.S.C. 2897-1). (h) "Residency" means post-graduate training, for doctors of medicine, osteopathy, dentistry, optometry, and podiatry, nurses, and other individuals providing health care directly to patients, where the majority of their time is spent in non-research clinical training. (i) “National Health Service Corps" means the Corps referred to in section 329 of the Act (42 U.S.C. 254(b). (j) "Noncitizen national of the United States" means a person who, though not a citizen of the United States, owes permanent allegiance to To be eligible for a National Research Service Award under this subpart an individual must: (a) Be a citizen or noncitizen national of the United States or have been lawfully admitted to the United States for permanent residence at the time of application; and (b) Propose to engage in full-time biomedical or behavioral research, at NIH or ADAMHA, or at a public or nonprofit private institution or under a program administered by DN, or training to undertake such research at NIH or ADAMHA or at a public or nonprofit private institution. § 66.104 Application. (a) Application for an Award under this subpart shall be made on a form approved for that purpose by the Secretary. The completed form, executed by the individual applicant, shall be submitted to NIH or ADAMHA, or DN on or before such dates as 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 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 is in excess of three years, the justifications for such request; and (5) The availability at the institution where the research or training would (b) If the proposed research or training would take place at an institution other than at NIH or ADAMHA, such institution has submitted a written assurance (in such form as the Secretary may prescribe), executed by a representative of the institution authorized to act for the institution and to assume on behalf of the institution the obligations imposed by the terms and conditions of the Award including the regulations of this subpart, indicating that 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, that the Award is not to be used to support a residency, and that, 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 such research or training; (c) Effective July 1, 1975, the proposed research or training is in a subject area for which there is a need for personnel, as determined under section 473 of the Act (42 U.S.C. 2891-2); and (d) The individual has submitted a written assurance (in such form as the Secretary may prescribe) that the Award is not to be used to support a residency. § 66.106 Awards. (a) Within the limits of funds available, the Secretary shall make Awards to those applicants: (1) Whose applications have been reviewed and recommended for approval by appropriate advisory councils within NIH and ADAMHA; (2) Who have satisfied the requirements of § 66.105 of this subpart; and (3) Whose proposed research or training would, in the judgment of the Secretary, best promote the purposes of section 472(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 degree of the need for personnel in the subject area of the proposed research or training. (b) All Awards shall be in writing and shall specify the period of the Award (which may not exceed three years in the aggregate for any individual unless the Secretary for good cause shown waives the application of this limitation to such individual), the total recommended stipends and allowances provided for the entire period of the Award, the amount awarded for the initial year of said period (see § 66.107), and (if the Award is made for research or training at a non-Federal institution) the amount of the payments to the institution for the cost of services provided the awardee by such institution during the initial year of said period (see § 66.108). (c) Neither the approval of any application nor any Award shall commit or obligate the United States in any way to make any additional, supplemental, continuation, or other Award with respect to any approved application or portion thereof. (d) In determining what constitutes "good cause" for purposes of paragraph (b) of this section, the Secretary shall take into account such factors as whether the applicant proposes to complete both predoctoral and postdoctoral training programs under the Award or whether the applicant proposes to pursue a combined program leading to the degrees of doctor of medicine and doctor of philosophy. [42 FR 63389, Dec. 16, 1977; 43 FR 1498, Jan. 10, 1978] allowances as the Secretary may designate, taking into account such factors as the needs of the program, the cost of living, and the availability of funds. (b) Payments of stipends and allowances shall, at the discretion of the Secretary, be made to the awardee or the sponsoring institution for payment to the awardee. § 66.108 Payments to institutions. (a) Where an Award is made to an individual under this subpart for research or training at a non-Federal public or nonprofit private institution, 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 such individual by the institution. The amount of any such payments to any institution shall be determined by the Secretary based upon the reasonable costs to the institution of establishing and maintaining the quality of its biomedical and behavioral research and training programs. (b) Payments to the institution under this section may be made either in advance or by way of reimbursement, as prescribed by the Secretary. § 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 therefor, the effective date, and any procedural rights available. § 66.110 Service, payback, and recovery requirements. (a) Each individual who receives an Award shall upon completion thereof: (1) Engage for a period equal to the period of support in health research or teaching or, when in academic employment, any combination thereof which is in accordance with the usual patterns of such employment, or (2) If the Secretary determines that there are no suitable research or teaching positions available to such individual, and if such individual is a physician, dentist, nurse, or other individual trained to provide health care directly to individual patients, and if the Secretary so authorizes such individual, in lieu of engaging in research or training: (i) Serve as a member of the National Health Service Corps for a period equal to the period of support; (ii) Serve in his specialty in private practice in a geographic area designated by the Secretary as requiring that specialty for 20 months for each twelve months of support; or (iii) Provide services in his specialty for a health maintenance organization to which payments may be made under section 1876 of Title XVIII of the Social Security Act and which serves an underserved population (as defined in section 1302(7) of the Act) for 20 months for each 12 months of support; or (3) If the Secretary determines that there are no suitable research or teaching positions available to an individual, and if such individual is not trained to provide health care directly to individual patients, and if the Secretary so authorizes such individual, in lieu of engaging in research or teaching, engage in a health activity appropriate to his education and training for 20 months for each 12 months of support. (b) Except as provided in section 111 of this subpart, an individual to whom the requirement for service in paragraph (a) of this section is applicable must begin to undertake such service on a continuous basis within two years after the termination of his or her Award. (c) If an individual fails to undertake or perform such service in accordance with the requirements of paragraph (b) of this section, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula: any (d) Except as provided in § 66.111 of this subpart, any amount which the United States is entitled to recover under paragraph (c) shall, within the three-year period beginning on the date the United States becomes entitled to recover such amount, be paid to the United States. Until amount due the United States under paragraph (c) of this section on account of any Award is paid, there shall accrue to the United States interest on such amount at a rate 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 such amount. § 66.111 Suspension, waiver, and cancellation. (a) The Secretary may extend the period for undertaking service prescribed in § 66.110(b) permit breaks in service under § 66.110(b), or extend the period for repayment under § 66.110(d) if the Secretary determines that: (1) Such an extension or break in service is necessary so the individual may complete his or her research training; (2) Completion during said period would be impossible because the individual is temporarily disabled; or (3) Completion during said period would involve an extreme hardship to such individual and failure to extend such period would be against equity and good conscience. (b) The Secretary may waive, in whole or in part, the obligation of such individual to repay pursuant to § 66.110(c) if the Secretary determines that: (1) Fulfillment would be impossible because the individual is permanently and totally disabled; or (2) Fulfillment would involve an extreme hardship to such individual and enforcement of such obligation would be against equity and good conscience. (c) In making determinations under §§ 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 such 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 § 66.110(a); (5) Whether the individual has received sufficient training to be qualified to perform any such activities; and (6) The unavailability of employment opportunities appropriate to the individual's education and training. (d) Any obligation of any individual under this subpart will be cancelled upon the death of such individual. § 66.112 Nondiscrimination. Attention is called to the fact that funds paid to an institution under § 66.108 are considered Federal financial assistance to such institution. The institution is thus subject to: (a) The prohibition against discrimination on the basis of race, color, or national origin imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and the implementing regulation of the Department of Health, Education, and Welfare (45 CFR Part 80); (b) The prohibition against discrimination on the basis of sex imposed by Title IX of the Education Amendments of 1972 and in particular section 901 of such Act (20 U.S.C. 1681); and |