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(j) Accessibility to handicapped. That, le facility shall be designed to comply Ith the Federal Accessibility Standd (41 CFR subpart 101–19.6) as modiad by other standards prescribed by le Director or the Administrator of eneral Services. The applicant will be sponsible for conducting inspections
insure compliance with these specications by the contractor. (k) Minimum standards of construction id equipment. That the plans and speccations for the project will conform
the minimum standards of construcon and equipment as set forth in 2b.11 of this part. 5 FR 12243, Feb. 25, 1980; 45 FR 20096, Mar. , 1980)
and, to the extent of the costs in which Federal participation is requested, are not in excess of what is necessary for the services proposed to be provided in such facilities;
(c) Bona fide sale. Federal participation in the acquisition of existing facilities is on condition that such acquisition constitutes a bona fide sale involving an actual cost to the applicant and will result in additional or improved facilities for purposes of section 406(b) or section 404(b)(9) of the Act; and
(d) Facility which has previously received Federal grant. No grant for the acquisition of a facility which has previously received a Federal grant for construction, acquisition, or equip ment shall serve either to reduce or restrict the liability of the applicant or any other transferor or transferee from any obligation of accountability imposed by the Federal Government by reason of such prior grant. (45 FR 12243, Feb. 25, 1980; 45 FR 20096, Mar. 27, 1980)
852b.10 Additional conditions.
The Director may with respect to any grant award impose additional conditions consistent with these regulations prior to or at the time of any award when in the Director's judgment such conditions are necessary to assure or protect advancement of the ap proved project, the interests of the National Cancer Program, or the conservation of grant funds.
52b.9 Acquisition of facilities. In addition to the other requirements i this part, the following provisions re applicable to the acquisition of exiting facilities.
(a) Minimum standards of construction nd equipment. A determination by the Director that the facility conforms (or pon completion of any necessary contruction will conform) to the minilum standards of construction and quipment as set forth in $52b.11 of this art, shall be obtained before entering nto a final or unconditional contract or such acquisition. Where the Direcor finds that exceptions to or modiication of any such minimum standrds of construction and equipment rould be consistent with the purposes f section 406(b) or section 404(b)(9) of he Act, the Director may authorize uch exceptions or modifications;
(b) Estimated cost of acquisition and renodeling: Suitability of facility. Each apblication for a project involving the acquisition of existing facilities shall inlude in the detailed estimates of the :ost of the project, the cost of acquirng such facilities, and any cost of renodeling, renovating or altering such acilities to serve the purposes for vhich they are acquired. Such applicaion shall demonstrate to the satisfacion of the Director that the architecural, structural and other pertinent 'eatures of the facility, as modified by iny proposed expansion, remodeling, 'enovation, or alteration, will be cleary suitable for the purposes of section 106(b) or section 404(b)(9) of the Act,
852b.11 Minimum standards of con
struction and equipment. The standards set forth in this section have been determined by the Director to constitute minimum requirements for construction and equipment, including remodeling, renovation, or alteration of existing buildings, and shall apply to all projects for which Federal assistance is requested under section 406(b) or section 404(b)(9) of the Act. In accordance with 5 U.S.C. 552(a)(1), the publications to which reference is made in this section, unless otherwise indicated, are heroly Incorporated by reference and hereof. These document
ble for inspection at the Regional Office
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 accord construction.
ance with State and local codes and ap (a) General. The structural design, plicable sections of National Electric construction, and fire safety provisions Code, NFPA Bulletin No. 70, 1971, Naof all project facilities shall comply tional Fire Protection Association, 470 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 10tier, 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 Prefuel burning equipment, steam, heat- tection (NCRP), P.O. Box 30175, Westing, 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
, 5360 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.2 Definitions. phlet P-2.1: Compressed Gas Associa
520.3 Eligibility. tion (CGA), 500 Fifth Avenue, New
52c.4 Application. York, NY 10036.
520.5 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 520.8 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 search Support Program) awarded in (2) A public or private nonprofit two ordance with section 301(a)(3) of the year college with a traditionally high blic Health Service (PHS) Act (42 (more than 50 percent) minority stu3.C. 241(a)(3)) to increase the num- dent enrollment; is of ethnic minority faculty, stu- (3) A public or private nonprofit uniats, and investigators engaged in versity, four year college, or other inmedical research, and to broaden stitution offering undergraduate, grad
opportunities for participation in uate, or health professional degrees, medical research of ethnic minority with a student enrollment a significant ulty, students, and investigators, by proportion (but not necessarily more oviding general support for bio
than 50 percent) of which is derived dical research programs at eligible
from ethnic minorities, provided the titutions.
Secretary determines that said instituFR 61030, Nov. 19, 1993)
tion has a demonstrated commitment
to the special encouragement of and as2c.2 Definitions.
sistance to ethnic minority faculty,
students, and investigators; or As used in this part:
(4) An Indian tribe which has a recogAct means the Public Health Service it, as amended (42 U.S.C. 201 et seq.).
nized governing body which performs
substantial governmental functions, or Ethnic minorities includes but is not
an Alaska Regional Corporation as denited to such groups as Black Ameri
fined in the Alaska Native Claims Setns, Hispanic Americans, Asian Pa
tlement Act (43 U.S.C. 1601 et seq.), and fic Islanders, and American Indians/
(b) Located in a State, the District of Ltive Alaskans (Native Americans).
Columbia, Puerto Rico, the Virgin IsHHS means the Department of Health
lands, the Canal Zone, Guam, Amerid Human Services.
ican Samoa, or the successor States of Nonprofit as applied to any institu
the Trust Territory of the Pacific Ison means an institution which is a
lands (the Federated States of Microrporation or association no part of
nesia, the Republic of the Marshall Ise net earnings of which inures or
lands, and the Republic of Palau). ay lawfully inure to the benefit of y private shareholder or individual. (45 FR 12246, Feb. 25, 1980; 45 FR 20096, Mar. Program director means a single indi
27, 1980; 58 FR 61030, Nov. 19, 1993) dual, designated in the grant applicaon, who is scientifically trained and
852c.4 Application. s research experience and who is re- An institution interested in applying onsible for the overall execution of for a grant under this part must submit e program supported under this part an application at the time and in the the grantee institution.
form and manner that the Secretary Secretary means the Secretary of may prescribe. ealth and Human Services and any
(58 FR 61030, Nov. 19, 1993) her officer or employee of the Delrtment of Health and Human Serv
852c.5 Grant awards. es to whom the authority involved is been delegated.
(a) Within the limits of funds avail
able, and upon such recommendation 3 FR 61030, Nov. 19, 1993)
as may be required by law, the Sec20.3 Eligibility.
retary shall award grants to those ap
plications with proposed biomedical reTo be eligible for a grant under this search programs which will, in the Sec'ogram, an applicant must be:
retary's judgment, best promote the (a) One of the following:
purposes of this part, taking into con(1) A public or private nonprofit uni- sideration among other pertinent facrsity, four year college, or other in- tors: itution offering undergraduate, grad- (1) The benefits that can be expected te, or health professional degrees, to accrue to the national effort in bioIth a traditionally high (more than 50 medical research and in increasing the rcent) minority student enrollment; pool of biomedical researchers;
(2) The institution's capability, from conditions of the award, and the ap a scientific and technical standpoint, cable cost principles prescribed by s to engage in biomedical research; part Q of 45 CFR part 74.
(3) The benefits that can be expected (b) The Secretary may permit uno to accrue to the institution and its stu
gated grant funds remaining in dents;
grant account at the close of a bud (4) The administrative and manage- period to be carried forward for obli rial capability and competence of the tion during a subsequent budget peri applicant;
provided a continuation award is m (5) The availability of the facilities
for that period and the Secretar and resources (including where nec
written approval is obtained. essary collaborative arrangements amount of any subsequent award with other institutions) to engage in take into consideration unobliga biomedical research; (6) The applicant's relative need for
grant funds remaining in the granti
count. funding; and
(7) The overall significance of the (45 FR 12246, Feb. 25, 1980; 45 FR 2009, 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
852c.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 party called the project period, will usually
These include, but are not necessar:) 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 by tinuation awards will also be for one ness firms under government grants, 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-Responsibili
; port continued for each subsequent
of PHS awardee and applicant instituts year. Decisions regarding continuation
for dealing with and reporting poest awards and the funding level of such
misconduct in science awards will be made after consider
42 CFR Part 50, Subpart D-Public Heal ation of such factors as the grantee's
Service grant appeals procedures
45 CFR Part 16-Procedures of the Deps 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 grants 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 debarts cation nor the award of any grant com
and suspension (nonprocurement) and.com
ernmentwide requirements for drug-am mits or obligates the United States in
workplace (grants) any way to make any additional, sup- 45 CFR Part 80—Nondiscrimination up plemental, continuation, other
programs receiving Federal assistant award with respect to any approved ap- through the Department of Health plication or portion of an approved ap
Effectuation of Title 17 plication.
the Civil Rights Act of 1964 (45 FR 12246, Feb. 25, 1980; 45 FR 20096, Mar.
45 CFR Part 81-Practice and procedure it
hearings under Part 80 of this title 27, 1980; 58 FR 61030, Nov. 19, 1993]
45 CFR Part 84-Nondiscrimination on p 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 on this part shall be expended solely for
basis of sex in education programs and & the purposes for which the funds were
tivities receiving or benefiting from Fel
eral financial assistance granted in accordance with the ap- 45 CFR Part 91–Nondiscrimination on proved application and budget, the regulations of this part, the terms and
basis of age in HHS programs and actir
ties receiving Federal financial assistance
SFR Part 92—Uniform administrative reuirements for grants and cooperative greements to State and local governients FR Part 93—New restrictions on lobbying R 16958, or successor—NIH Guidelines for esearch Involving Recombinant DNA Colecules ablic Health Service Policy on Humane are and Use of Laboratory Animals," Ofice for Protection from Research Risks, TH (Revised September 1986), or successor FR 61030, Nov. 19, 1993)
c.8 Additional conditions. The Secretary may with respect to i grant award impose additional ditions prior to or at the time of ✓ award when in the Secretary's Igment those conditions are necary to assure or protect advancent of the approved program, the inests of the public health, or the convation of grant funds.
(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.
(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)
RT 520-NATIONAL CANCER INSTITUTE CLINICAL CANCER EDUCATION PROGRAM
1. .1 Applicability. 2 Definitions. .3 Eligibility. .4 Application. .5 Program requirements. .6 Grant awards. .7 Expenditure of grant funds. .8 Other HHS regulations that apply. 9 Additional conditions. UTHORITY: Sec. 215, 58 Stat. 690, as amend63 Stat. 835 (42 U.S.C. 216); sec. 404(a)(4), stat. 3426 (42 U.S.C. 285). OURCE: 45 FR 12247, Feb. 25, 1980, unless erwise noted.
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 of the Pacific Islands. (45 FR 12247, Feb. 25, 1980, as amended at 47 FR 53012, Nov. 24, 1982)
2d.1 Applicability. The regulations in this part apply to unts under the Clinical Cancer Eduion Program authorized by section (a)(4) of the Public Health Service t, to encourage planning and develnent of multidisciplinary eduional programs aimed at achieving imal care of cancer patients and to ble students in the health profesns to acquire basic knowledge of plastic disease and the preventive asures and diagnostic and theraitic skills necessary to the provision such care.
(a) Application for a grant under this subpart shall be made on an authorized form. Applicants shall submit completed forms, on or before the dates the Director, NCI, may prescribe.
(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.