(45 CFR Part 80). Grants under this subpart provide Federal financial assistance subject to Title VI of the Civil Rights Act and the regulation promulgated pursuant thereto. § 59a.37 Terms, conditions, and assur ances. In addition to any other terms, conditions, and assurances required by law or imposed by the Surgeon General, each grant shall be subject to the following terms, conditions, and assurances to be furnished by the applicant. The Surgeon General may at any time approve exceptions where he finds that such exceptions are not inconsistent with the Act and the purposes of the program. (a) Use of funds. The grantee will use grant funds solely for the purposes for which the grant was made. Changes may be made only in accordance with procedures established by the Surgeon General. (b) Service undertakings. (1) The grantee will agree to modify and increase its library resources so as to be able to provide supportive services to other health sciences informational activities. (2) Qualified persons and organizations shall be entitled to free loan services, and to the extent grant funds are used to provide photo duplicated or facsimile copies of biomedical materials, the copies shall be made available without charge to such persons or organizations. The qualification of persons and organizations for the services provided hereunder shall be determined in accordance with the policies or principles of operation of the grantee, subject to such review and approval as the Surgeon General may require. (c) Inventions or discoveries. Any grant award hereunder is subject to the regulations of the Department of Health, Education, and Welfare relating to inventions and patents (45 CFR Parts 6 and 8, as amended). Such regulations shall apply to any activity for which grant funds are in fact used whether within the scope of the program as approved or otherwise. Appropriate measures shall be taken by the grantee and by the Surgeon General to assure that no contracts, assignments, or other arrangements, inconsistent with the grant obligation are continued or entered into and that all personnel involved in the supported activity are aware of and comvply with such obligation. Laboratory notes, related technical data, and other 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 he may designate at such times and in such manner as he may determine necessary to carry out such Department regulations. (d) Records and reports. The grantee shall maintain such records and file with the Surgeon General such progress and other reports as the Surgeon General may prescribe, and shall maintain adequate and separate fiscal records and accounts for all grant funds. No such records shall be destroyed or otherwise disposed of within 3 years after termination of the grant unless a shorter or longer period of time is, respectively, permitted or required by the Surgeon General as to all, or particular types of records. (e) Inspections and audits. The filing of any application for a grant shall constitute the consent of the applicant to inspections at reasonable times by representatives of the Public Health Service and such other persons as the Surgeon General may designate, or as may otherwise be provided by law, of the facilities, equipment and other resources of the applicant and to interviews with principal staff members to the extent such resources and personnel will be, or are, involved in carrying out the purposes of the grant. In addition, the acceptance of any grant award shall constitute the consent of the grantee to inspections and fiscal audit by such persons of the supported activity and of progress and fiscal records relating to the approved project. § 59a.38 Termination. (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 the Act and the regulations of this part. The grantee shall be promptly notified of such finding in writing and given the reasons therefor. Within 10 days after receipt of such notice, or such longer period as the Surgeon General may allow, the grantee may request a reconsideration of such termination and shall be afforded an opportunity to present, orally or in writing, such information or argument as may be pertinent. If the Surgeon General reaffirms the termination, the grantee may request that the entire record be reviewed by the Secretary, whose decision shall be final. (b) Termination by the grantee. A grantee may terminate or cancel its participation in the regional medical libraries program upon reasonable notice to the Surgeon General in writing setting forth the reasons for such termination or -cancellation. (c) Accounting. Upon any termination or cancellation the grantee shall account for all expenditures and obligations charged to grant funds: Provided, That to the extent the termination is due in the judgment of the Surgeon General to no fault of the grantee, credit shall be allowed for the amount required to settle at costs, demonstrated by evidence satisfactory to the Surgeon General to be minimum settlement costs, any noncancellable obligations incurred prior to receipt of notice of termination. § 59a.39 Expenditures by grantee. (a) Allocation of costs. Except as may otherwise be provided by or pursuant to the regulations of this subpart, the allocation of expenditures by a grantee as between direct and indirect costs shall be in accordance with generally accepted and established accounting practices and in accordance with the same policies and methods that the grantee applies to all its related activities whether self-sponsored or supported by contracts or grants. of (b) Direct costs; general. Funds granted for direct costs may be expended by the grantee for personal services, rental of space, library materials, supplies, purchase or rental of equipment, training, publication, alterations physical facilities, and other items of necessary cost 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 the individual devotes to carrying out the purposes of the grant. In such proportion, such costs may include all direct costs inci dent 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 the activities. (d) Direct costs; notification costs. Costs required to assure effective dissemination of information relative to the resources of and services provided by the regional library within its geographic area may be charged to the grant. 59a.40 Payments. The Surgeon General shall, from time to time, make payments to a grantee of all or a portion of the grant award, either in advance or by way of reimbursement, for costs properly chargeable to grant funds. § 59a.41 Accounting for materials. Expenditures for materials such as books and periodicals, library, office, and other supplies, equipment and other necessary items, may be charged to grant funds as direct costs only to the extent they are required during the grant period to accomplish the purposes for which the grant was made. Any such materials (excluding expendable supplies or materials within such limitations as the Surgeon General may prescribe) on hand on the date of termination, or on expiration of a grant period, except where another grant has been awarded to the grantee and except as otherwise prescribed by the Surgeon General, shall be accounted for by one or a combination of the following methods: (a) Retention for other medical brary uses. Such materials may be used, without adjustment of accounts, for other health sciences informational purposes, and no other accounting for such materials shall be required: Provided, That (1) during such period of use no charge for depreciation, amortization or for other use of the materials shall be made against any existing or future Federal grant or contract, and (2) if within the period of their useful life the materials are transferred for other purposes by sale or otherwise for use, the fair market value at the time of transfer shall be payable to the United States. (b) Sale or other disposition; crediting of proceeds or value. Such materials may be sold by the grantee and the net proceeds of sale credited to the grant account, or they may be used or disposed of in any manner by the grantee by crediting to the grant account their fair § 59a.44 Interest. (c) Transfer to the United States. To the extent the Surgeon General so requires or approves, title to such materials will be transferred to the United States. $59a.42 Publications. Grantees may publish materials relating to their regional medical library without prior review, providing such publications carry a footnote acknowledging assistance from the Public Health Service and indicating that findings and conclusions do not necessarily represent the views of the Service. Any interest earned through any deposit or investment by the grantee of the payments under this subpart shall be paid to the United States as such interest is received by the grantee. § 59a.45 Project net income. Except as may be otherwise provided pursuant to § 59a.37(c) of this chapter with respect to income from patentable inventions or discoveries, any grant award under this subpart is subject to such conditions as to assure return to the United States of its equitable share of any net income derived by the grantee from the activity supported by the grant. 859a.46 Final settlement. There shall be payable to the United States as final settlement the total of any amounts not accounted for pursuant to 59a.40 and any other amounts due under this subpart. The total amount shall constitute a debt owed by the grantee to the United States and if not paid to the United States shall be recoverable from the grantee or its successors by setoff or by such other procedures or action as may be deemed necessary to protect the interests of the United States. SUBCHAPTER E-FELLOWSHIPS, INTERNSHIPS, TRAINING PART 61-FELLOWSHIPS Definitions. Applicability. Purpose of regular fellowships. Sec. 61.15 Moral character or loyalty; reference to Special Review Committee; review and recommendation. 61.16 Termination of or refusal to continue award on grounds relating to moral character or loyalty; hearing. 61.17 Termination on grounds other than those relating to moral character or loyalty. Publications. Copyright and reproduction. 61.1 01.2 61.3 61.4 61.5 Qualifications. 61.18 €1.7 Review of applications; committees; 61.19 awards. 61.20 lowances, travel allowances; vaca 61.22 Inventions or discoveries. Nondiscrimination. penses. 61.12 Accountability. 61.33 Establishment of service fellowships. 81.34 Qualifications. 61.35 Method of application. 01.18 Duration and continuation. 61.36 Selection and appointment of service 61.14 Separate consideration of informa fellows. Stipends, allowances, and benefits. 61.38 Duration of service fellowships. Subpart A-Regular Fellowships AUTHORITY: The provisions of this Subpart A issued under sec. 215, 58 Stat. 690, as amended, sec. 8, 77 Stat. 400; 42 U.S.C. 216, 1857g; secs. 301, 402, 58 Stat. 691, as amended, 707, secs. 412, 422, 62 Stat. 464, 598, sec. 483, 64 Stat. 444, as amended, sec. 308, 74 Stat. 864, sec. 444, 76 Stat. 1073, sec. 3, 77 Stat. 894, secs. 394, 395, 79 Stat. 1062; 42 U.S.C. 241, 282, 2878, 288a, 289c, 2421, 289g, 1857b, 280b-4, 280b-5. SOURCE: The provisions of this Subpart A appear at 31 F.R. 12096, Sept. 16, 1966, unless otherwise noted. § 61.1 Definitions. As used in this part: (a) "Continuation award” is an award made by the Surgeon General, within the period of support recommended by a fellowship committee, without necessity for further action by the committee. (b) "Noncitizen national" means any person who, though not a citizen of the United States, owes permanent allegiance to the United States. (c) "Regular fellowship" means an award to support activity not requiring performance of services for the Public Health Service. (d) "Surgeon General" means the Surgeon General of the U.S. Public Health Service or his delegate. (e) "Continental United States" does not include Hawaii or Alaska. § 61.2 Applicability. The regulations in this subpart apply to the establishment, award, and operation of all regular fellowships awarded under the Public Health Service Act and the Clean Air Act. § 61.3 Purpose of regular fellowships. Regular fellowships are provided to encourage and promote: (a) Research and training for research relating to (1) the physical and mental diseases and impairments of man, (2) the organization, provision, and financing of health services, (3) the causes, prevention, and control of air pollution, and (4) medical library and related health sciences and communication of information. (b) Special scientific projects for the compilation of existing, or writing of original, contributions relating to scientific, social, or cultural advancements in sciences related to health. In order to qualify for a regular fellowship, an applicant must: (a) Meet the Public Health Service requirements of general suitability, including professional and personal fitness. (b) Have been accepted by a public or other nonprofit institution for the purpose of the activity for which the fellowship is sought. (c) Be free from any disease or disability that would interfere with the accomplishment of the fellowship purpose. (d) If a citizen or noncitizen national of the United States, sign and file with the Surgeon General the following statement: 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. (e) Comply with such other requirements as may be prescribed by the Surgeon General. § 61.6 Method of application. Application for a regular fellowship shall be made on forms prescribed by the Surgeon General. In addition to the information supplied by the applicant in his application, such further information may be required as is necessary to determine his qualifications and fitness. § 61.7 Review of applications; committees; awards. The Surgeon General shall appoint one or more fellowship committees to examine the qualifications of applicants for fellowships and the merits of their proposals for research, training, or special scientific projects. A fellowship committee shall submit to the Surgeon General its recommendations concerning appointments. Awards of regular fellowships shall be made in writing by the Surgeon General. 861.8 Benefits; stipends, dependency § 61.11 Payments-tuition and other exallowances, travel allowances; vacation. Individuals awarded regular fellowships shall be entitled to such of the following benefits as are authorized for the particular series of fellowship: (a) Stipend. (b) Dependency allowances. (c) When authorized in advance, separate allowances for travel. Such allowances may not exceed amounts prescribed by the Surgeon General for (1) travel to the place where the fellow is to be located during the fellowship term, and (2) travel to return the fellow at the end of the fellowship term to his home or other place he left to carry out the fellowship, provided that (unless otherwise prescribed by the Surgeon General) such return travel is to or from a place outside the continental United States. No allowances will be granted for shipping personal effects or household goods and no allowances will be granted for transporting dependents, except as authorized by the Surgeon General for travel undertaken by dependents (spouse and/or dependent children only) to or from a place outside the continental United States where the fellow is to be located during the fellowship term and for return from such place or except as otherwise prescribed by the Surgeon General for a particular series of fellowships. (d) Vacation: Stipends and allowances will not be increased, or be paid beyond the term of a fellowship, on account of vacation an individual might have been entitled to but did not take. 861.9 Payments-stipends, dependency allowances, travel allowances. Payments for stipends, dependency allowances, and the travel allowances specified in § 61.8 may be made directly to the fellow or to the sponsoring institution for payment to the fellow. 1 $61.10 Benefits: Tuition and other expenses. The Surgeon General may authorize allowances for payment of expenses, in whole or in part, of tuition, fees, equipment, supplies, attendance at meetings required to carry out the purposes of the fellowship, or other expenses of the activities of the fellow. penses. (a) Tuition and fees. Allowances for tuition and fees may be made to the fellow or sponsoring institution. от (b) Other expenses; standard maximum allowances. Any allowances for equipment, supplies, attendance at meetings, and other expenses shall, except as may otherwise be prescribed herein or by the Surgeon General, be paid to the sponsoring institution. The Surgeon General may establish a standard allowance or a maximum allowance for payment to the sponsoring institution for such expenses. (c) Attendance at meetings-fellows sponsored by Federal agencies. Allowances for expenses of attendance at meetings by fellows who are sponsored by Federal agencies may be paid directly to such fellows. › (d) Installments. Payments to sponsoring institutions and to fellows under this section or under § 61.9 may be made in advance or by way of reimbursement and, except as may otherwise be prescribed by the Surgeon General, in monthly installments. § 61.12 Accountability. Payments shall be subject to such requirements relating to accountability as may be specified by the Surgeon General. § 61.13 Duration and continuation. An award period may be any period not in excess of 2 years. The Surgeon General may make one or more continuation awards for an additional period upon a finding of satisfactory progress toward accomplishment of the purposes of the initial fellowship award. Additional support may be provided on appropriate justification after expiration of the period of support involved in the previous award. |