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BOURSE 3 FR 120946, Sept. 16, 1996, unless otezvise noted. 961.1 Definitions

As used in this part:

& Continuation award is an award made by the Burgeon General, withis the period of support recommended by

tejowship committee, without neces Ey íor further action by the commit

Noncitizen national means any per SOL FD0, thongh not a citizen of the Cated States, owes permanent allecase to the United States.

c Regular fellowship means an award to sopport activity not requiring per Sommasoe of services for the Publle Sest Service.

Surgeon General means the Sari Geos General of the U.S. Public Health Service or his delegate.

e Continental United States does not incode Hawaii or Alaska. $612 Applicability.

The regulations in this subpart apply to the establishment, award, and oper ation 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 re search relating to (1) the physical and mental diseases and impairments 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 commonication 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. 861.4 Establishment and conditions.

All regular fellowships in the Public Health Service shall be established by the Surgeon General. In establishing a fellowship or series of fellowships, the Surgeon General shall prescribe in

Subpart B-Service Fellowships 61 Definitions, 61 31 Applicability. 61 32 Purpose of service fellowships. 61 33 letablishment of service fellowships. 61 34 Qualifications, 01 30 Method of application. 61 36 betection and appointment of service

tellowa 01 31 Bilpenda, allowances, and benefits. ci 38 Duration of service fellowships.

Subpart A-Regular Fellowships

AUTHORITY Heo 216, 18 Atat. 690, as amendod, le 19 muat 400), 42 0.8.0. 216, 1857g; Do 01, 402. A Mtat 01, as amended, 707, meril 18, 40, Hal. 164, 298, seo. 433. 64 bi 14 amended, sou 90W, 74 Stat. 364. wuu o ala 1073, 00 319 Stat. SM, seos.

1(x, 42 0.80, 241, 282, 287a, A ne, di, de 1807, 2800 4. 2800 3.

priting the conditions (in addition to $61.8 Benefits: Stipends; dependency hose provided in the regulations in allowances; travel allowances; vaca

his part) under which the fellowships tion. ere to be awarded and held.

Individuals awarded regular fellow

ships shall be entitled to such of the 61.5 Qualifications.

following benefits as are authorized for In order to qualify for a regular fel- the particular series of fellowship: iwship, an applicant must:

(a) Stipend. (a) Meet the Public Health Service

(b) Dependency allowances. quirements of general suitability, in

(c) When authorized in advance, sepa

rate allowances for travel. Such allowtuding professional and personal fit

ances may not exceed amounts pre288.

scribed by the Surgeon General for (6) Have been accepted by a public or ther nonprofit institution for the pur

(1) Travel to the place where the fel

low is to be located during the fellowuse of the activity for which the fel

ship term, and iwship is sought.

(2) Travel to return the fellow at the (c) Be free from any disease or dis

end of the fellowship term to his home bility that would interfere with the

or other place he left to carry out the scomplishment of the fellowship pur- fellowship, provided that (unless other18e.

wise prescribed by the Surgeon Gen(d) If a citizen or noncitizen national eral) such return travel is to or from a (the United States, sign and file with place outside the continental United he Surgeon General the following States. tatement:

No allowances will be granted for shipI do solemnly swear (or affirm) that I bear ping personal effects or household Tue faith and allegiance to the United goods and no allowances will be grantStates of America and will support and de- ed for transporting dependents, except end the Constitution and laws of the United

as authorized by the Surgeon General States against all its enemies, foreign and

for travel undertaken by dependents omestic.

(spouse and/or dependent children only) (e) Comply with such other require- to or from a place outside the contents as may be prescribed by the Sur- tinental United States where the fellow eon General,

is to be located during the fellowship

term and for return from such place or 61.6 Method of application.

except as otherwise prescribed by the Application for a regular fellowship

Surgeon General for a particular series

of fellowships. hall be made on forms prescribed by he Surgeon General. In addition to the

(d) Vacation. Stipends and allow

ances will not be increased, or be paid nformation supplied by the applicant

beyond the term of a fellowship, on ac- his application, such further infor

count of vacation an individual might nation may be required as is necessary

have been entitled to but did not take. to determine his qualifications and fitless.

861.9 Payments: Stipends; dependency

allowances; travel allowances. 161.7 Review of applications; commit

Payments for stipends, dependency tees; awards.

allowances, and the travel allowances The Surgeon General shall appoint specified in $61.8 may be made directly ne or more fellowship committees to to the fellow or to the sponsoring instixamine the qualifications of appli- tution for payment to the fellow. cants for fellowships and the merits of their proposals for research, training, $61.10 Benefits: Tuition and other ex. or special scientific projects. A fellow- penses. ship committee shall submit to the The Surgeon General may authorize Surgeon General its recommendations allowances for payment of expenses, in concerning appointments. Awards of whole or in part, of tuition, fees, equip regular fellowships shall be made in ment, supplies, attendance at meetings writing by the Surgeon General.

required to carry out the purposes of

157-163 0-95--16


the fellowship, or other expenses of the to any fellowship committee involved activities of the fellow.

in recommending appointments of fel

lows. $61.11 Payments: Tuition and other expenses.

861.15 Moral character or loyalty, ref(a) Tuition and fees. Allowances for erence to Special Review Committuition and fees may be made to the

tee; review and recommendation fellow or sponsoring institution.

(a) Moral character or loyalty; reference (b) Other expenses; standard or mari- to Special Review Committee. Whenever mum allowances. Any allowances for the Surgeon General has substantial equipment, supplies, attendance at evidence with respect to any fellow (1) meetings, and other expenses shall, ex- that the statement filed pursuant to cept as may otherwise be prescribed $61.5(d) was not made in good faith; or herein or by the Surgeon General, be (2) that a fellow has (1) been convicted paid to the sponsoring institution. The of a crime involving moral turpitude or Surgeon General may establish (ii) engaged in conduct involving moral standard allowance or a maximum al- turpitude (unless in the case of either lowance for payment to the sponso ng paragraph (a)(2) (i) or (ii) of this seo institution for such expenses.

tion, it is established that the fellow ik (c) Attendance at meetings-fellows nevertheless, then a person of good sponsored by Federal agencies. Allow- moral character), the Surgeon General ances for expenses of attendance at shall refer the pertinent records to meetings by fellows who are sponsored Special Review Committee established by Federal agencies may be paid di- as prescribed in paragraph (b) of this rectly to such fellows.

section. (d) Installments. Payments to sponsor- (b) Special Review Committee; composting institutions and to fellows under tion. The Special Review Committee this section or under $61.9 may be shall be composed of a representative made in advance or by way of reim- of the Office of the Surgeon General bursement and, except as may other- designated by the Surgeon General 88 wise be prescribed by the Surgeon Gen- chairman but nonvoting member, the eral, in monthly installments.

appropriate Associate Director or com

parable official of the bureau involved, 861.12 Accountability.

the Chief of the Division of Research Payments shall be subject to such re- Grants, the Director of the Institute or quirements relating to accountability the Chief of the Division which awards as may be specified by the Surgeon ed the fellowship in question, or their General

delegates, and two additional members

appointed by the Surgeon General. 861.13 Duration and continuation.

(c) Information; supplementation. The An award period may be any period Committee may supplement the infor not in excess of 2 years. The Surgeon mation referred to it by such cor General may make one or more con- respondence, personal interviews, or tinuation awards for an additional pe

other informal methods as necessary in riod upon a finding of satisfactory order to make its recommendation 4 progress toward accomplishment of the provided in paragraph (d) of this secpurposes of the initial fellowship

tion. award. Additional support may be pro

(d) Review and recommendation. The vided on appropriate justification after Committee shall review the pertinent expiration of the period of support in

records, determine whether there is volved in the previous ward.

substantial reason to believe that the

award should be terminated or not con861.14 Separate consideration of infor- tinued either on grounds relating to an

mation concerning moral character moral character or on the ground that or loyalty.

the statement filed pursuant to $61.5(d) No information in the records or pos- was not made in good faith, and make session of the Public Health Service its recommendation to the Surgeon concerning the moral character or loy- General in writing, with reasons therealty of a fellow will be made available for, accordingly.



$61.16 Termination of or refusal to to such other conditions as the Sur

continue award on grounds relating geon General may prescribe.
to moral character or loyalty; hear

$61.19 Copyright and reproduction. If, after review of the recommenda- Where the work accomplished under tion of the Special Review Committee, a fellowship award results in a book or the Surgeon General believes that the other copyrightable material, the auaward should be terminated or should

thor is free to copyright the work, but not be continued, he shall notify the

the Public Health Service reserves a fellow and sponsoring institution in royalty-free, nonexclusive, and irrevwriting that unless a request for a

ocable license to reproduce, publish, or learing is made by the fellow within 20

otherwise use, and to authorize others lays after the fellow's receipt of such

to use, all copyrightable or copyrighted notice, his fellowship will be termi

material resulting from the fellowship

award. zated or his application for continu+ition of the award denied. A copy of

861.20 Inventions or discoveries. the regulations under this subpart and - copy of part 10 of title 45, Code of

Any fellowship award made hereFederal Regulations, shall be enclosed

under is subject to the regulations of Trith the notice. The notice shall set

the Department of Health and Human forth, as specifically as security per

Services set forth in title 45 CFR parts - nits, the grounds for the questions per

6 and 8, as amended. Such regulations = taining to moral character or loyalty.

shall apply to any activity for which Any such request for a hearing shall be

fellowship funds are in fact used,

whether within the scope of the fellowpromptly submitted by the Surgeon General to the Chairman of the Depart

ship as approved or otherwise. Appro

priate measures shall be taken by the mental Fellowship Review Panel for

fellow, the sponsoring institution, and handling in accordance with such part

the Surgeon General to assure that no 10.

contracts, assignments, or other ar$61.17 Termination on grounds other

rangements inconsistent with the felthan those relating to moral char.

lowship obligation are entered into or acter or loyalty.

continued and that all personnel in

volved in the supported activity are The Surgeon General may terminate

aware of and comply with such obligaa fellowship upon receipt from the fel

tion. Laboratory notes, related techlow of a written request for termi- nical data and information pertaining nation. The Surgeon General shall ter- to inventions or discoveries shall be minate any fellowship prior to the date maintained for such periods, and filed it would otherwise expire if he deter- with or otherwise made available to mines that the fellow's performance is the Surgeon General or those whom he unsatisfactory or that the fellow or the

may designate at such times and in sponsoring institution is unfit or un- such manner as he may determine necable to carry out the purpose of the fel

essary to comply with such Departlowship. The fellow and the sponsoring ment regulations. institution shall be notified in writing of such termination.

861.21 Interest.

Any interest earned through deposit $61.18 Publications.

or investment by the sponsoring instiPublication, distribution, and dis- tution of funds paid pursuant to the position of all manuscripts and other provisions of this subpart shall be paid materials resulting from a fellowship to the United States as such interest is awarded hereunder shall be subject to received by the sponsoring institution. the conditions that all such materials shall bear appropriate acknowledgment

3 61.22 Nondiscrimination. of Public Health Service support, that Attention is called to the fact that fellows shall furnish copies of such pub- funds paid to a sponsoring institution lications or other materials as may be pursuant to $61.11 in order to meet the requested by the Surgeon General, and expenses of the activities of a fellow

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19134 Selection and appointment et

service fellows **1617% 67.3 en aciz to The Sargeon General shall (a) pre Minha **monian11art, "4 serTce teow.

sribe a suitable professional and per

sonal fitness review and an examinaAamin Art of Wina o receive such tion of the applicant's qualifications; tallerasmian, ang may appointment of (b) designate in writing persons to it **** farne under mulnority of sec- ceive service fellowships; and (c) estat 1960 WII the Public Health Service lish procedures for the appointment of

service fellows. $ 8.1 Purpme of service fellowships. $61.37 Stipends, allowances, and bent

fits. Havine fellowship in the Public Item Anivine are for the purpose of

(a) Stipends. Service fellows shall be *** An promoting research,

entitled to such stipend as is author #nina, ma lui ventivations related to

ized by the Surgeon General for each Mul Amati fellowships may be pro

service fellowship or series of service din care the marvions of talented

fellowships. PHARM # porlod of limited dura

(b) Travel and transportation allowHmotno mitinimted Ponoaroh, stud

ances. Under conditions prescribed by IHA ** tumanitation where the na

the Surgeon General, an individual ap

pointed as a service fellow may be auHi the wind the character of the thorized travel allowances or transpor

*** ander ountomary mopedendo perceivable or allowances or transportation for his

tation and per diem for himself, travel immediate family, and transportation

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