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(b) The grantee must deposit any Federal portion of the tuition refund owed to a fellow into the grant account and provide written notice to the fellow that it is doing so.

(Approved by the Office of Management and Budget under control number 0915-0060)

[55 FR 37481, Sept. 12, 1990, as amended at 56 FR 29194, June 26, 1991. Redesignated at 59 FR 63902, Dec. 12, 1994]

857.4112 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 specified in subpart Q of 45 CFR part 74, and this subpart.

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

(c) Any balance of federally-obligated grant funds remaining unobligated by the grantee at the end of a budget period may be carried forward provided specific approval is granted by the Secretary. 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 the period, the Secretary may adjust the amounts awarded by withdrawing the excess. A budget period is an interval of time (usually 12 months) into which the project period is divided for funding and reporting purposes.

[55 FR 37481, Sept. 12, 1990, as amended at 57 FR 45746, Oct. 5, 1992. Redesignated at 59 FR 63903, Dec. 12, 1994]

§ 57.4113 What additional Department regulations apply to grantees? Several other 'regulations 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

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 75-Informal grant appeals procedures

45 CFR part 76-Governmentwide Debarment and Suspension (nonprocurement) and Governmentwide Requirements for DrugFree 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 83-Regulation for the administration and enforcement of sections 794 and 855 of the Public Health Services 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 assist

ance

45 CFR part 93-New restrictions on lobbying [55 FR 37481, Sept. 12, 1990, as amended at 57 FR 45746, Oct. 5, 1992. Redesignated at 59 FR 63903, Dec. 12, 1994; 61 FR 6129, Feb. 16, 1996]

857.4114 What other audit and inspection requirements apply to grantees?

Each entity which receives a grant under this subpart must meet the requirements of 45 CFR part 74 concerning audit and inspection.

[59 FR 63903, Dec. 12, 1994]

$57.4115 Additional conditions.

The Secretary may impose additional conditions on any grant award before or at the time of any award if he or she determines that these conditions are necessary to assure or protect the advancement of the approved activity, the interest of the public health, or the conservation of grant funds.

[55 FR 37481, Sept. 12, 1990. Redesignated at 59 FR 63903, Dec. 12, 1994]

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58.223 Who is eligible to apply for a grant? 58.224 How will applications be evaluated? 58.225 How is the amount of the award determined?

58.226 How long does grant support last? 58.227 For what purposes may grant funds be spent?

58.228 Who is eligible for financial assistance as a trainee?

58.229 What financial support is available to trainees?

58.230 Duration of traineeships. 58.231 Termination of traineeships.

58.232 What additional Department regulations apply to grantees?

58.233 What other audit and inspection requirements apply to grantees?

58.234 Additional conditions.

Subpart E-F [Reserved]

Subpart A-B [Reserved]

Subpart C-Grants for

Public

Health Traineeships for Stu-
dents in Schools of Public
Health and in Other Graduate
Public Health Programs

AUTHORITY: Sec. 215 of the Public Health Service Act, 58 Stat. 690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 748 of the Public Health Service Act, 90 Stat. 2279, as amended by 91 Stat. 1505; as amended and redesignated as sec. 792 of the Public Health Service Act by 95 Stat. 927 (42 U.S.C. 295h-1b); renumbered as sec. 761, as amended by Pub. L. 102408, 106 Stat. 2045 (42 U.S.C. 294).

SOURCE: 45 FR 73661, Nov. 6, 1980, unless otherwise noted.

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§ 58.202 Definitions.

Act means the Public Health Service Act, as amended.

Educational entity means a school, college, or university which is accredited by a body or bodies recognized for this purpose by the Secretary of Education or an institution which provides specialized training in public health.

Fiscal year means the Federal fiscal year, beginning October 1 and ending the following September 30.

Full-time student means a student who is either (1) in a residency program in preventive medicine or dentistry or (2) is enrolled on a full-time basis in a graduate program in public health and who is enrolled for a sufficient number of credit hours in a semester or other academic term to enable the student to complete the course of study within not more than the number of semesters of other academic terms normally required to complete that course of study

on a full-time basis at the school in which the student is enrolled.

Graduate program or graduate training means a program of education leading to a master's degree or equivalent or doctoral degree or equivalent.

National of the United States means (as defined in the Immigration and Nationality Act at 8 U.S.C. 1101(a)(22)) (1) a citizen of the United States or (2) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.

Nonprofit refers to the status of an entity which is a corporation or association, or is owned and operated by one or more corporations or associations no part of the net earnings of which inures, or may lawfully insure, to the benefit of any private shareholder or individual.

School of Public Health means a public or non-profit private school which provides training leading to a graduate degree in public health or equivalent degree and is accredited according to section 799(1)(E) of the Public Health Service Act.

Secretary means the Secretary of the Department of Health and Human Services or any officer or employee of the Department to whom the authority involved has been delegated.

Specialized training in public health or specialized training in preventive medicine or denistry means a residency training program approved by the Liaison Committee on Graduate Medical Education or by the Commission on Dental Accreditation leading to board eligibility in a specialty in preventive medicine or dental public health respectively.

State means, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the Republic of 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 73661, Nov. 6, 1980, as amended at 47 FR 54439, Dec. 3, 1982; 61 FR 6129, Feb. 16, 1996]

$58.203 Who is eligible to apply for a grant?

The following are eligible for grants: (a) Any accredited school of public health which is located in a State; and

(b) Any other public or nonprofit private eduational entity which is located in a State and provides graduate or specialized training in public health. However, no entity of this type may obtain an award under this subpart to support traineeships in health administration, hospital administration, or health policy analysis and planning.1

[45 FR 73661, Nov. 6, 1980, as amended at 47 FR 54439, Dec. 3, 1982; 61 FR 6130, Feb. 16, 1996]

§ 58.204 How will applications be evaluated?

(a) The Secretary will award a grant to each eligible school of public health which submits an application containing all the information and assurances requested in the required form and time.

(b) For public and nonprofit educational entities other than schools of public health, the Secretary will decide which applications to approve by considering, among other factors:

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

(2) The degree of need for the professionals to be trained; and

(3) The adequacy of the staff and faculty; and

(4) Whether the applicant's graduate programs in environmental or occupational health or dietetics and nutrition, or both, meet the requirements in paragraphs §58.208 (c) and (d).

Within the limits of funds available for competing awards the Secretary will award grants to those approved applicants whose traineeship programs will

1 For traineeships in health administration, hospital administration, or health policy analysis and planning, eduational entities which are not accredited schools of public health may only apply under section 771 of the Act.

best promote the purposes of section 761 of the Act.

[45 FR 73661, Nov. 6, 1980, as amended at 47 FR 54439, Dec. 3, 1982; 61 FR 6130, Feb. 16, 1996]

$58.205 How is the amount of the award determined?

(a) Grants to schools of public health. The Secretary will use a formula to determine the amount of the grant to be awarded to each school of public health with an approved application. This formula is

SS G=XAF TS

G is the amount of the grant award; SS is the number of eligible full-time and full-time equivalent students of each applicant enrolled in severe shortage occupations targeted for support (epidemiology, environmental health, biostatistics, toxicology, public health nutrition, and maternal and child health); TS is the total number of students enrolled in graduate and specialized training in all schools of public health with approved applications; and AF is the amount of traineeship funds under this program that the Secretary has designated for award to schools of public health for that fiscal year. The Secretary will determine the number of students enrolled in graduate and specialized training in public health at the school (SS) with the formula

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health. The Secretary will determine the amount of these awards by estimating the sum necessary during the budget period to cover the tuition, fees, stipends, and allowances (including travel costs approved by the Secretary) for full-time students, and the tuition and fees for part-time students which the applicant proposes to provide to its trainees.

[45 FR 73661, Nov. 6, 1980, as amended at 47 FR 54440, Dec. 3, 1982; 61 FR 6130, Feb. 16, 1996]

$58.206 How long does grant support last?

(a) The written notice of grant award specifies the period during which formula grant funds are available for obligation by the grantee, or the period during which the recipient of a competitive grant award need not recompete for funds. This period will not exceed one year for formula grants and 3 years for competitve grants. The period during which recompetition is not necessary is called the project period.

(b) Generally a competitive grant will initially be funded 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 levels 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.

(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 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 the period, the Secretary may adjust the amounts awarded by withholding the excess. A budget period is an interval of time (usually 12 months) into which the project period is divided for funding and reporting purposes.

$58.207 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 specified in subpart Q of 45 CFR part 74, and these regulations. Use of grant 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.

§ 58.208 What are the requirements for appointment of trainees?

(a) The grantee must require each trainee to complete a statement of appointment by the beginning of the training period, or as soon as possible if the trainee receives notice of his or her traineeship appointment after the training period has begun. The program director must sign the statement on behalf of the grantee and the original copy of the statement must be retained by the grantee to be available for program review and financial audit. The grantee must also send a copy of the statement to the Secretary upon request.

(b) The grantee must require fulltime trainees to sign a statement that they will not undertake employment during their traineeships which would interfere with their ability to satisfactorily complete the training program in a timely fashion.

(c) The grantee may not require trainees to perform any work which is not an integral part of their training program and required of all students in

the program, or to perform services which detract from or prolong their training.

(d) The grantee must advise each trainee who is enrolled in a course of study which requires more than twelve months that continued support under this program is contingent upon the continued availability of grant funds. (Approved by the Office of Management and Budget under control number 0915-0060)

[45 FR 73661, Nov. 6, 1980, as amended at 47 FR 54440, Dec. 3, 1982; 61 FR 6130, Feb. 16, 1996]

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

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

(1) Trainees must be United States citizens, non-citizen nationals, or foreign nationals having in their possession a visa permitting permanent residence in the United States.

(2) New trainees must be pursuing a graduate degree in a health professions field in which there is a severe shortage of health professionals (including the fields of epidemiology, environmental health, biostatistics, toxi

cology, public health nutrition, and maternal and child health). Ongoing traineeship commitment will be continued.

(3) All trainees must meet the school's admission requirements specified in the approved grant application.

(b) Traineeship support may not be provided to:

(1) Individuals who do not meet the qualifications for admission as specified in the approved application;

(2) Full-time Federal employees unless they are on Leave Without Pay status;

(3) Students pursuing training at the undergraduate level;

(4) Students in programs designed to prepare them for careers in research;

(5) Preventive medicine and dental public health residents (section 763 of the Act may be used for these students); or

(6) Individuals on temporary or student visas.

[61 FR 6130, Feb. 16, 1996]

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