§ 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 § 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 subdivision (1) or (ii) of this subparagraph, 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.

supplementation.

(c) Information; 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 § 61.5 (d) was not made in good faith, and make its recommendation to the Surgeon General in writing, with reasons therefor, accordingly.

§ 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.

§ 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 felowship 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.

§ 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.

§ 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 royaltyfree, 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.

§ 61.20

Inventions or discoveries.

Any fellowship award made hereunder is subject to the regulations of the Department of Health, Education, and Welfare 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. § 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.

§ 61.22 Nondiscrimination.

Attention is called to the fact that funds paid to a sponsoring institution pursuant to § 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, Education, and Welfare (45 CFR Part 80).

Subpart B-Service Fellowships AUTHORITY: The provisions of this Subpart B issued under sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216; secs. 207 and 208, 58 Stat. 685, as amended; 58 Stat. 686, as amended; 42 U.S.C. 209 and 210.

SOURCE: The provisions of this Subpart B appear at 31 F.R. 12098, Sept. 16, 1966, unless otherwise noted.

(a) "Service fellowship" is one which requires the performance of services, either full or part time, for the Public Health Service. A service fellow is an employee of the Public Health Service.

(b) "Surgeon General" means the Surgeon General of the U.S. Public Health Service or his delegate.

(c) "Continental United States" does not include Hawaii or Alaska. § 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.

§ 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. § 61.33 Establishment of service fellowships.

All service fellowships shall be established by the Surgeon General. In establishing a service fellowship, or a series of service fellowships, the Surgeon General 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.

§ 61.34 Qualifications.

Scholastic and other qualifications shall be prescribed by the Surgeon General 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; (b) be free from any disease or disability that would interfere with his carrying out the purpose of the fellowship; and (c) possess any other qualifications as reasonably may be prescribed.

§ 61.35 Method of application.

Application for a service fellowship shall be made in accordance with procedures established by the Surgeon General.

§ 61.36

Selection and appointment of service fellows.

The Surgeon General 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.

§ 61.37 Stipends, allowances, and benefits.

(a) Stipends. Service fellows shall be entitled to such stipend as is authorized by the Surgeon General for each service fellowship or series of service fellowships.

(b) Travel and transportation allowances. Under conditions prescribed by the Surgeon General, an individual appointed as a service fellow may be authorized travel allowances or transportation and per diem for himself, travel allowances or transportation for his immediate family, and transportation of household goods and personal effects, in conjunction with travel authorized by the Service (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. A service fellow shall be entitled to travel allowances or transportation and per diem while traveling on official business away from his 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 his place of residence which he left 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 de

ceased service fellows whose place of resident 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.

§ 61.38 Duration of service fellowships.

Initial appointments to service fellowships may be made for varying periods not in excess of 2 years. Such appointments may be extended on a year-toyear basis in accordance with procedures and requirements established by the Surgeon General.

63.5

Terms and conditions of award. 63.6 Termination of traineeships. 63.7 Appropriate Institute.

AUTHORITY: The provisions of this Part 63 issued under sec. 215, 58 Stat. 690, secs. 301, 402, 403, 58 Stat. 691, 707, sec. 303, 60 Stat. 423, secs. 412, 422, 62 Stat. 464, 598, sec. 433, 64 Stat. 444; 42 U.S.C. 216, 241, 282, 283, 242a, 287a, 288a, 289c.

SOURCE: The provisions of this Part 63 appear at 21 F.R. 9868, Dec. 12, 1956, unless otherwise noted.

petence in such diagnosis, prevention or treatment.

(b) A National Library of Medicine Traineeship is an award of funds to an individual for his subsistence and other expenses during a period in which he is acquiring advanced training in the field of medical library science, in related fields pertaining to sciences related to health, or in the field of communication of health sciences information.

[21 F.R. 9868, Dec. 12, 1956, as amended at 31 F.R. 9505, July 13, 1966]

§ 63.2 Minimum qualifications.

Minimum qualifications for any traineeship shall be established by the Director of the appropriate Institute with the approval of the Surgeon General, and shall be uniformly applicable to all applicants in each traineeship program of such Institute. Such minimum qualifications may include requirements as to age, physical or mental condition, academic degrees, professional or other training or experience and such other factors as may be necessary to the fulfillment of the purpose of the traineeship. To the extent the Surgeon General finds it not inconsistent with such fulfillment, however, he may in individual cases waive compliance with any minimum qualification so established if he determines that the applicant has substantially equivalent qualifications or has such special training, experience or opportunity for service as make an award particularly appropriate.

§ 63.3 Award of traineeships.

Subject to the regulations of this part, the Surgeon General or his delegate may award traineeships to those qualified applicants who are best able in his judgment to carry out the purpose of the traineeships. Such awards may be made in the name of the appropriate Institute.

§ 63.4 Benefits.

Each individual awarded a traineeship shall be entitled to the following benefits:

(a) A stipend fixed in amount by the Surgeon General and payable with respect to a period of one year or such other period, including extensions or renewals, as may be specified by the Surgeon General or his delegate in making awards.

(b) An additional allowance, if requested by the trainee and approved in advance by the Surgeon General or his

delegate, for travel, per diem and transportation not exceeding such amounts as may be prescribed by the Surgeon General.

§ 63.5 Terms and conditions of award. All traineeship awards shall be subject to the following terms and conditions:

(a) Training must be carried out at an institution found by the Director of the appropriate Institute to provide a well-rounded course of instruction in the particular field in which the traineeship is awarded. A change in the training institution may be made only with the approval of such Director.

(b) No traineeship may be utilized to compensate, nor awarded as consideration, for personal services or employment of the trainee for the United States or for any other person.

(c) No payment shall be made to any citizen or noncitizen national of the United States receiving an award under the regulations in this part unless such citizen or noncitizen national has taken, subscribed to, and filed with the Public Health Service a written oath or affirmation in the following terms: "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."

(d) Additional conditions consistent with the regulations in this part may be established by the Surgeon General or his delegate to the extent he finds them necessary to fulfill the purpose of the traineeship.

(e) A noncitizen national of the United States is a person, who, though not a citizen of the United States, owes permanent allegiance to the United States.

(f) Payments made under awards pursuant to § 63.1(b) may be made to the trainee or the sponsoring institution. Except as may be otherwise prescribed by the Surgeon General, payments shall be made in advance or by way of reimbursement and in monthly installments.

[21 F.R. 9868, Dec. 12, 1956, as amended at 30 F.R. 6072, Apr. 29, 1965; 31 F.R. 9505, July 13, 1966]

§ 63.6 Termination of traineeships.

The Surgeon General or his delegate may terminate a traineeship at any time upon request of the trainee, and shall terminate any traineeship prior to the

date it would otherwise expire upon a determination, made or approved by the Surgeon General, either that the trainee's performance is unsatisfactory or that he is unfit or unable to carry out the purpose of the traineeship. § 63.7 Appropriate Institute.

As used in this part "appropriate Institute" shall mean the National Cancer Institute for traineeships in the field of cancer, the National Institute of Mental Health for traineeships in the field of mental disorders, the National Heart Institute for traineeships in the field of cardiovascular diseases, the National Institute of Dental Research for traineeships in the field of dental diseases and conditions, the National Institute for Allergy and Infectious Diseases for traineeships in the field of allergy and infectious diseases, the National Institute of Arthritis and Metabolic Diseases for traineeship in the field of arthritis, rheumatism and metabolic disease, the National Institute of Neurological Diseases and Blindness for traineeships in the field of epilepsy, cerebral palsy, multiple sclerosis, other neurological and sensory disorders, and any other institute hereafter established by the Surgeon General under section 431 of the Public Health Service Act, as amended, for traineeships in the field of those diseases constituting the responsibility of such institute. "Appropriate Institute" shall also mean, with respect to awards pursuant to § 63.1(b), the National Library of Medicine.

[21 F.R. 9868, Dec. 12, 1956, as amended at 31 FR. 9505, July 13, 1966]

PART 64-NATIONAL INSTITUTES OF HEALTH AND NATIONAL LIBRARY OF MEDICINE TRAINING GRANTS

Sec.

64.1 Nature and purpose of training grants. 64.2 Application requirements. 64.3 Award of training grants. 64.4 Conditions to awards; general.

64.5 Additional conditions; institutional expenses.

64.6 Additional conditions; stipends. 64.7 Payments; repayment of unexpended balances; unauthorized expenditures.

64.8 Appropriate institute.

AUTHORITY: The provisions of this Part 64 issued under sec. 215, 58 Stat. 690, as

amended; 42 U.S.C. 216; sec. 433, 64 Stat. 444; 42 U.S.C. 289c.

SOURCE: The provisions of this Part 64 appear at 21 F.R. 9869, Dec. 12, 1956, unless otherwise noted.

§ 64.1

Nature and purpose of training grants.

(a) A national Institutes of Health training grant is an award of funds to a qualified educational or training institution, the objective of such grants being to make available for the community effort against diseases of public health significance an increased number of facilities providing adequate training and instruction, and an increased number of persons having special competence, in matters relating to the diagnosis, prevention and treatment of such diseases. Such a grant may have one or both of the following purposes:

(1) To defray the expenses of the institution in providing training and instruction in matters relating to the diagnosis, prevention or treatment of diseases within the responsibility of the appropriate Institute.

(2) To enable the institution to pay stipends and allowances to individuals with respect to a period in which they receive under the direction of such institution training and instruction in matters relating to such diagnosis, prevention or treatment.

(b) A National Library of Medicine training grant is an award of funds to a qualified educational or training institution, the objective of such a grant being to make available an increased number of facilities providing adequate training and instruction, and an increased number of persons having special competence in medical library service and science and in the field of communication of information pertaining to sciences relating to health. Such a grant may have one or both of the following purposes:

(1) To defray the expenses of the institution in providing training and instruction in medical library service and science and in communication of health sciences.

(2) To enable the institution to pay stipends and allowances to individuals during the periods in which they receive, under the direction of such institution, training and instruction in such science and communication.

[21 F.R. 9869, Dec. 12, 1956, as amended at 31 F.R. 9505, July 13, 1966]