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() Accessibility to handicapped. That, and, to the extent of the costs in which ne facility shall be designed to comply Federal participation is requested, are ith the Federal Accessibility Stand- not in excess of what is necessary for rd (41 CFR subpart 101–19.6) as modi- the services proposed to be provided in sed by other standards prescribed by such facilities; he Director or the Administrator of (c) Bona fide sale. Federal participaeneral Services. The applicant will be tion in the acquisition of existing faesponsible for conducting inspections cilities is on condition that such acquio insure compliance with these speci- sition constitutes a bona fide sale incations by the contractor.

volving an actual cost to the applicant (k) Minimum standards of construction and will result in additional or imnd equipment. That the plans and spec- proved facilities for purposes of section ications for the project will conform 406(b) or section 404(b)(9) of the Act; ) the minimum standards of construc- and con and equipment as set forth in (d) Facility which has previously re52b.11 of this part.

ceived Federal grant. No grant for the 45 FR 12243, Feb. 25, 1980; 45 FR 20096, Mar.

acquisition of a facility which has pre7, 1980)

viously received a Federal grant for

construction, acquisition, or equip52b.9 Acquisition of facilities.

ment shall serve either to reduce or reIn addition to the other requirements

strict the liability of the applicant or If this part, the following provisions

any other transferor or transferee from re applicable to the acquisition of ex

any obligation of accountability imsting facilities.

posed by the Federal Government by (a) Minimum standards of construction

reason of such prior grant. ind equipment. A determination by the (45 FR 12243, Feb. 25, 1980; 45 FR 20096, Mar. Director that the facility conforms (or 27, 1980) upon completion of any necessary conitruction will conform) to the mini

852b.10 Additional conditions. num standards of construction and The Director may with respect to quipment as set forth in $52b.11 of this any grant award impose additional part, shall be obtained before entering conditions consistent with these reguinto a final or unconditional contract lations prior to or at the time of any for such acquisition. Where the Direc- award when in the Director's judgment tor finds that exceptions to or modi- such conditions are necessary to assure fication of any such minimum stand- or protect advancement of the ap ards of construction and equipment proved project, the interests of the Nawould be consistent with the purposes tional Cancer Program, or the conof section 406(b) or section 404(b)(9) of servation of grant funds. the Act, the Director may authorize such exceptions or modifications;

852b.11 Minimum standards of con(b) Estimated cost of acquisition and re

struction and equipment. modeling: Suitability of facility. Each ap The standards set forth in this secplication for a project involving the ac- tion have been determined by the Diquisition of existing facilities shall in- rector to constitute minimum requireclude in the detailed estimates of the ments for construction and equipment, cost of the project, the cost of acquir- including remodeling, renovation, or ing such facilities, and any cost of re- alteration of existing buildings, and modeling, renovating or altering such shall apply to all projects for which facilities to serve the purposes for Federal assistance is requested under which they are acquired. Such applica- section 406(b) or section 404(b)(9) of the tion shall demonstrate to the satisfac- Act. In accordance with 5 U.S.C. tion of the Director that the architec- 552(a)(1), the publications to which reftural, structural and other pertinent erence is made in this section, unless features of the facility, as modified by otherwise indicated, are heroby Incorany proposed expansion, remodeling, porated by reference on

mart renovation, or alteration, will be clear- hereof. These document

ble ly suitable for the purposes of section for inspection at the

und 406(b) or section 404(b)(9) of the Act, Regional Office

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listed in 45 CFR 5.31 and copies of such NFPA No. 101, 1973, National Fire Prodocuments may be purchased as speci- tection Association, 470 Atlantic Avefied. The Director may for good cause nue, Boston, MA 02110. shown approve plans and specifications (d) Emergency electrical service. Fire which contain deviations from the re- alarm systems and other electrical quirements prescribed, if the Director service shall conform to the standards is satisfied that the purposes of such as specified in Life Safety Code, NFPA requirements have been fulfilled. In ad- No. 101, 1973, National Fire Protection dition to these requirements, it is rec- Association, 470 Atlantic Avenue, Bosognized that each project will have to ton, MA 02110. meet the requirements of State and/or (e) Electrical. All electrical installa local codes and ordinances relating to tions and equipment shall be in accordconstruction.

ance with State and local codes and ap (a) General. The structural design, plicable sections of National Electrie construction, and fire safety provisions Code, NFPA Bulletin No. 70, 1971, Naof all project facilities shall comply tional Fire Protection Association, 410 with the standards of the Uniform Atlantic Avenue Boston, MA 02110. | Building Code (available from Inter- (1) Radiation protection. All areas in national Conference of Building Offi- which X-ray, gamma-ray, beta-ray procials, 5360 South Workman Road, Whit- ducing and similar equipment is lotier, CA 90601) or with applicable State cated shall be protected from radiation or local codes and ordinances, which- in accordance with the standards which ever is more restrictive.

are in the Handbook Reports No. 33 and (b) Mechanical. All installations of 34: National Council on Radiation Profuel burning equipment, steam, heat- tection (NCRP), P.O. Box 30175, West ing, air conditioning and ventilation, ington, DC 20008. plumbing and other piping systems, in- (8) Earthquake. All facilities shall be cinerators, and boilers shall comply designed and constructed in accordance with the following standards:

with the standards specified in the Uni

, (1)

Handbook of Fundamentals: form Building Code, 1973, International American Society of Heating, Refrig- Conference of Building Officials, 5060 erating and Air Conditioning Engineers South Workman Mill Road, Whittier

, (ASHRAE), United Engineer Center, 345 CA 90601, unless more restrictive State East 47th Street, New York, NY 10017. and local codes govern.

(2) National Standard Plumbing (h) Zoning. State and local codes Code: National Association of Plumb- shall apply. ing-Heating-Cooling Contractors, 1016 20th Street NW., Washington, DC 20036.

(45 FR 12243, Feb. 25, 1980; 45 FR 20096, Mar.

27, 1980) (3) Standard for Non-Flammable Medical Gas Systems, 1973, NFPA Bulletin No. 56F, National Fire Protection

PART 52c-MINORITY BIOMEDICAL Association, 470 Atlantic Avenue, Bos

RESEARCH SUPPORT PROGRAM ton, MA 02110. (4) Standard for Medical-Surgical

Sec. Vacuum Systems in Hospitals, Pam

52c.1 Applicability. phlet P-2.1: Compressed Gas Associa

52c.2 Definitions.

52c.3 Eligibility. tion (CGA), 500 Fifth Avenue, New

52c.4 Application. York, NY 10036.

52c.5 Grant awards. (c) Fire and safety. The fire-resistant

52c.6 Expenditure of grant funds. design criteria for the facility will be 52c.7 Other HHS regulations that apply. governed by the criteria necessary for

52c.8 Additional conditions. that portion of the facility which is

AUTHORITY: 42 U.S.C. 216, 241(a)(3). subject to the most severe usage. Remodeled structures shall be upgraded, SOURCE: 45 FR 12246, Feb. 25, 1980, unless in total, unless it is feasible to isolate otherwise noted. the improved portion of the building with fire walls and fire doors. Fire-re

852c.1 Applicability. sistant design shall be in accordance The regulations in this part apply to with the standards of Life Safety Code, grants (under the Minority Biomedical

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search Support Program) awarded in cordance with section 301(a)(3) of the blic Health Service (PHS) Act (42 S.C. 241(a)(3)) to increase the numrs of ethnic minority faculty, stunts, and investigators engaged in omedical research, and to broaden e opportunities for participation in omedical research of ethnic minority culty, students, and investigators, by oviding general support for bioedical research programs at eligible stitutions.

FR 61030, Nov. 19, 1993)

2c.2 Definitions. As used in this part: Act means the Public Health Service ct, as amended (42 U.S.C. 201 et seq.). Ethnic minorities includes but is not mited to such groups as Black Amerians, Hispanic Americans, Asian Pafic Islanders, and American Indians/ ative Alaskans (Native Americans). HHS means the Department of Health nd Human Services.

Nonprofit as applied to any instituon means an institution which is a orporation or association no part of ne net earnings of which inures or lay lawfully inure to the benefit of ny private shareholder or individual.

Program director means a single indiidual, designated in the grant applicaion, who is scientifically trained and as research experience and who is reponsible for the overall execution of he program supported under this part t the grantee institution.

Secretary means the Secretary of Iealth and Human Services and any ther officer or employee of the Deartment of Health and Human Servces to whom the authority involved las been delegated.

(2) A public or private nonprofit two year college with a traditionally high (more than 50 percent) minority student enrollment;

(3) A public or private nonprofit university, four year college, or other institution offering undergraduate, graduate, or health professional degrees, with a student enrollment a significant proportion (but not necessarily more than 50 percent) of which is derived from ethnic minorities, provided the Secretary determines that said institution has a demonstrated commitment to the special encouragement of and assistance to ethnic minority faculty, students, and investigators; or

(4) An Indian tribe which has a recognized governing body which performs substantial governmental functions, or an Alaska Regional Corporation as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and

(b) Located in a State, the District of Columbia, Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American Samoa, or the successor States of the Trust Territory of the Pacific Islands (the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau). (45 FR 12246, Feb. 25, 1980; 45 FR 20096, Mar. 27, 1980; 58 FR 61030, Nov. 19, 1993)

8520.4 Application.

An institution interested in applying for a grant under this part must submit an application at the time and in the form and manner that the Secretary may prescribe. (58 FR 61030, Nov. 19, 1993)

58 FR 61030, Nov. 19, 1993)

520.3 Eligibility.

To be eligible for a grant under this Program, an applicant must be: (a) One of the following: (1) A public or private nonprofit uniersity, four year college, or other intitution offering undergraduate, gradlate, or health professional degrees, vith a traditionally high (more than 50 ercent) minority student enrollment;

8 52c.5 Grant awards.

(a) Within the limits of funds available, and upon such recommendation as may be required by law, the Secretary shall award grants to those applications with proposed biomedical research programs which will, in the Secretary's judgment, best promote the purposes of this part, taking into consideration among other pertinent factors:

(1) The benefits that can be expected to accrue to the national effort in biomedical research and in increasing the pool of biomedical researchers;

(2) The institution's capability, from conditions of the award, and the applia scientific and technical standpoint, cable cost principles prescribed by se to engage in biomedical research; part Q of 45 CFR part 74.

(3) The benefits that can be expected (b) The Secretary may permit unobito accrue to the institution and its stu- gated grant funds remaining in the dents;

grant account at the close of a bude (4) The administrative and manage- period to be carried forward for odlie rial capability and competence of the tion during a subsequent budget peris applicant;

provided a continuation award is man (5) The availability of the facilities

for that period and the Secretary and resources (including where nec

written approval is obtained. D essary collaborative arrangements

amount of any subsequent award with other institutions) to engage in take into consideration unobligak biomedical research;

grant funds remaining in the grant a' (6) The applicant's relative need for

count. funding; and

(7) The overall significance of the (45 FR 12246, Feb. 25, 1980; 45 FR 20096, proposal in terms of numbers of ethnic

27, 1980; 45 FR 68392, Oct. 15, 1980) minority persons benefited thereby. (b) The notice of grant award speci

$ 52c.7 Other HHS regulations fies how long HHS intends to support

apply. the project without requiring the proj

Several other regulations and pol ect to recompete for funds. This period, cies apply to grants under this part called the project period, will usually

These include, but are not necesa be for 1-5 years.

limited to: (c) Generally the grant will initially

37 CFR Part 401–Rights to inventions be for one year and subsequent con

by nonprofit organizations and small tinuation awards will also be for one ness firms under government grants

, es year at a time. A grantee must submit tracts, and cooperative agreements a separate application to have the sup 42 CFR Part 50, Subpart A-Responsibil? port continued for each subsequent of PHS awardee and applicant institution year. Decisions regarding continuation

for dealing with and reporting positi

misconduct in science awards and the funding level of such awards will be made after consider

42 CFR Part 50, Subpart D-Public Heer

Service grant appeals procedures ation of such factors as the grantee's 45 CFR Part 16–Procedures of the Depec progress and management practices, mental Grant Appeals Board and the availability of funds. In all 45 CFR Part 46–Protection of humans cases, continuation awards require a jects determination by HHS that continued 45 CFR Part 74-Administration of grante funding is in the best interest of the

45 CFR Part 75-Informal grant appeals F government.

cedures (d) Neither the approval of any appli

45 CFR Part 76-Governmentwide debarmen cation nor the award of any grant com

and suspension (non procurement) and

ernmentwide requirements for drug-* mits or obligates the United States in

workplace (grants) any way to make any additional, sup- 45 CFR Part 80-Nondiscrimination u plemental, continuation, other

programs receiving Federal assista award with respect to any approved ap- through the Department of Health plication or portion of an approved ap

Human Services

Effectuation of Title VI plication.

the Civil Rights Act of 1964

45 CFR Part 81-Practice and procedure (45 FR 12246, Feb. 25, 1980; 45 FR 20096, Mar. hearings under Part 80 of this title 27, 1980; 58 FR 61030, Nov. 19, 1993)

45 CFR Part 84-Nondiscrimination on the 852c.6 Expenditure of grant funds.

basis of handicap in programs and actin

ties receiving Federal financial assistance (a) Any funds granted pursuant to

45 CFR Part 86-Nondiscrimination or this part shall be expended solely for

basis of sex in education programs and se the purposes for which the funds were

eral financial assistance

tivities receiving or benefiting from Fade granted in accordance w

45 CFR Part 91–Nondiscrimination on the proved application and h ulations of this part,

basis of age in HHS programs and actir nd ties receiving Federal financial assistano

or

the ap

reg

CFR Part 92—Uniform administrative requirements for grants and cooperative agreements to State and local governments CFR Part 93—New restrictions on lobbying FR 16958, or successor—NIH Guidelines for Research Involving Recombinant DNA Molecules Public Health Service Policy on Humane Care and Use of Laboratory Animals," Office for Protection from Research Risks, NIH (Revised September 1986), or successor FR 61030, Nov. 19, 1993)

20.8 Additional conditions. The Secretary may with respect to y grant award impose additional nditions prior to or at the time of y award when in the Secretary's dgment those conditions are necsary to assure or protect advanceent of the approved program, the inrests of the public health, or the con*rvation of grant funds.

852d.2 Definitions.

(a) Act means the Public Health Service Act, as amended.

(b) Director, NCI, means the Director of the National Cancer Institute and any other officer or employee of said Institute to whom the authority involved has been delegated.

(c) (Reserved]

(d) Board means the National Cancer Advisory Board established by section 407 of the Act (42 U.S.C. 286b).

(e) Affiliated teaching hospital means a hospital which, although not owned by such school, has a written agreement with a school of medicine, osteopathy, dentistry, or public health eligible for assistance under this part, providing for effective control by the school of the teaching in the hospital.

(1) Specialized cancer institute means an institution which has as its primary mission the diagnosis, prevention, or treatment of cancer. (45 FR 12247, Feb. 25, 1980; 45 FR 20096, Mar. 27, 1980, as amended at 47 FR 53012, Nov. 24, 1982)

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8520.3 Eligibility.

To be eligible for a grant under this part, an applicant must be:

(a) A public or private school of medicine, osteopathy, dentistry, or public health, affiliated teaching hospital, or specialized cancer institute; and

(b) Located in a State, the District of Columbia, Puerto Rico, the Virgin Islands, the Canal Zone, Guam, American Samoa, or the Trust Territory the Pacific Islands. (45 FR 12247, Feb. 25, 1980, as amended at 47 FR 53012, Nov. 24, 1982)

52d.1 Applicability. The regulations in this part apply to ants under the Clinical Cancer Edution Program authorized by section 4(a)(4) of the Public Health Service ct, to encourage planning and develoment of multidisciplinary edutional programs aimed at achieving etimal care of cancer patients and to able students in the health profesons to acquire basic knowledge of oplastic disease and the preventive easures and diagnostic and therautic skills necessary to the provision such care.

852d.4 Application.

(a) Application for a grant under this subpart shall be made on an authorized form.1 Applicants shall submit completed forms, on or before the dates the Director, NCI, may prescribe.

(b) (Reserved]

(c) In addition to any other pertinent information that the Director, NCI,

* Applications and instructions are available from the Division of Cancer Research Resources and Centers, Education Branch, Westwood Building, 5333 Westbard Avenue, Bethesda, MD 20205.

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