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service at the site by October 1, 1989. If a Program participant has elected to serve under section 204 c) of Pub. L. 100-17, such participant must match to a SHPOL site by May 15, 1989, and must begin service at that site by October 1, 1989.

(e Site visits. The Program participant is responsible for the costs of any site visites and any other contact with the site to obtain employment at the site.

(f) Effect of failure to meet established time frames. If a Program participant does not match to a site or begin service at that site within the time frames described in paragraph (d) of this section, the Secretary will determine that such individual is not relieved of his or

her liability to the United States under the PH NHSC Scholarship Training Program and or Scholarship Program (including accrued interest and or damages).

(g) Service. Service must be performed in accordance with subpart II of part D of title III of the Act. Service credit will begin after a Program participant

has matched to a HPOL or SHPOL site and has commenced service at that site in accordance with subpart II of part D of title III of the Act.

(h) Secretary's exclusion authority. The Secretary is authorized, at any time, to deny or terminate an individual's participation in the Program for reasons related to the individual's professional competence or conduct.

§ 62.74 How much credit will a Program participant receive for monetary repayments made, or for approved service performed, before beginning service under the Special Repayment Program?

(a) Prior approved service performed by a Program participant will be credited to the Program participant for the purpose of calculating the Program participant's remaining service obligation under this Program. Thus, the Program participant's remaining service obligation will be calculated by subtracting the number of days of the Program participant's prior approved service from the number of days of the Program participant's original service obligation under the PH/NHSC Scholarship Training Program and/or the Scholarship Program. If a Program

participant has made monetary payments, his or her remaining service ob ligation will be reduced by converting the monetary payments into days of service credit as set forth in paragraph (b) or (c) of this section, whichever is applicable.

(b) Program participants who elect serve pursuant to section 204(b) and section 204(c)(2) of Pub. L. 100-177, will not receive a refund of any amount previously paid but will receive servic credit for those payments as follows:

(1) The number of days of servis credit will be calculated by divid the total amount paid by the Progra participant prior to the Program pa ticipant's service start date by th total debt as of the service start dan

and multiplying the result of that div sion by the number of days of the pa ticipant's remaining service obligation (as determined by the formula set forth in the second sentence of paragraph of this section).

(2) If the Program participat faults on a contract under th gram, prior monetary payments not be credited to service but wil applied to the monetary debt owed the Program participant.

(c) Program participants who elect serve under section 204(c)(1) of Pub 100-177 must pay an amount equal the scholarship amount. Any amo paid by the Program participant p to or after entry into the Program accordance with §62.76 of this subpa will be used to reduce the Program ticipant's financial obligation incu under section 204(c)(1) of Pub. L. 177. In some cases, the amounts before or after entry into the Prog will exceed the scholarship amo These payments in excess of the sch arship amount will be converted days of service credit under the mula set forth in paragraph (b))) this section. If a Program particip defaults on a contract under this tion, the monies paid in excess of scholarship amount will not be c ited to service but will be credited) ward the monetary debt owed by Program participant under sect 338E(b) of the Act or section 225(0 the Act, as in effect on September 1977. The scholarship amount paid up entering this option will be forfeited

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the amount the United States is entiled to recover;

the sum of the amounts paid to or on ehalf of the Program participant under he Scholarship Program and the interst on such amounts which would be payble if, at the time the amounts were aid, they were loans bearing interest at he maximum legal prevailing rate, as etermined by the Treasurer of the Unit1 States;

the sum of (1) the number of months of for approved service plus (2) the numer of months of the Program particiint's period of obligated service under le Program including any additional onths of service incurred pursuant to ection 204(c)(2) of Pub. L. 100-177;

's' is the number of months of prior approved service performed by the Program participant before commencing service under this Program; and

'r' is the number of months of service performed by the Program participant in compliance with this Program.

However, where a judgment has been entered against a Program participant, the formula will be revised such that:

'30' is the amount of the judgment representing the Program participant's liability under the Scholarship Program, including any accrued post judgment interest and excluding any monetary payments on the judgment which may have been made by the Program participant;

't' is the sum of (1) the number of months of prior approved service performed by the Program participant after entry of the judgment but before commencing service under this Program plus (2) the number of months of the Program participant's period of obligated service under the Program including any additional months of service incurred pursuant to section 204(c)(2) of Pub. L. 100-177; and

's' is the number of months of prior approved service performed by the Program participant after the entry of the judgment but before commencing service under this Program.

(b) With respect to obligations under the PH/NHSC Scholarship Training Program, if a Program participant fails to complete the period of obligated service under the Program (including any additional months of service incurred pursuant to section 204(c)(1) of Pub. L. 100-177), no credit for partial service under this Program will be allowed.

(c) Where participants have obligations under both the Scholarship Program and the PH/NHSC Scholarship Training Program, credit for service will be applied against the scholarship obligations in the order in which they were incurred.

§ 62.76 How will amounts of money due under the option under section 204(c)(1) of Public Law 100-177 be required to be repaid?

Program participants who elect to serve under section 204(c)(1) of Pub. L. 100-177 will be required to pay the full scholarship amount at least 60 days prior to the service start date specified in the documentation submitted to the Secretary.

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PART 63-TRAINEESHIPS

63.1 To what programs do these regulations apply?

63.2 Definitions.

63.3 What is the purpose of traineeships? 63.4 What are the minimum qualifications for awards?

63.5 How will NIH make awards?

63.6 How to apply.

63.7 What are the benefits of awards?

63.8 What are the terms and conditions of awards?

63.9 How may NIH terminate awards? 63.10 Other HHS regulations and policies that apply.

AUTHORITY: 42 U.S.C. 216, 283g(d), 284(b)(1)(C), 286b-3, 287c(b).

SOURCE: 60 FR 10719, Feb. 27, 1995, unless otherwise noted.

§ 63.1 To what programs do these regulations apply?

(a) The regulations in this part apply to research traineeships awarded by each Director of a national research institute of NIH, the Director of the National Library of Medicine (NLM), the Director of the National Center for Human Genome Research (NCHGR), the Director of the Office of Alternative Medicine, or designees pursuant to sections 404E(d)(2), 405(b)(1)(C), 472, and 485B of the Public Health Service Act, as amended.

(b) The regulations of this part do not apply to research training which is part of the National Research Service Award Program provided under 42 CFR part 66, the Mental Health Traineeship Program provided under 42 CFR part 64a, or residency training of physicians or other health professionals.

§ 63.2 Definitions.

As used in this part:

Act means the Public Health Service Act, as amended (42 U.S.C. 201 et seq.). Award means an award of funds under sections 404 E(d)(2), 405(b)(1)(C), 472, or 485B of the Act, or other sections of the Act which authorize research training or traineeships.

Awardee means an individual awarded a traineeship under sections 404E(d)(2), 405(b)(1)(C), 472, or 485B of the Act, or other sections of the Act which authorize research training or traineeships.

Director means the director of one of the national research institutes of NIH specified in section 401(b)(1) of the Act, the Director of the National Library of Medicine, the Director of the National Center for Human Genome Research, the Director of the Office of Alternative Medicine, or any official of NIH to whom the authority involved has been delegated.

HHS means the Department of Health and Human Services.

NIH means the National Institutes of Health.

PHS means the Public Health Service.

Traineeship means an award of funds under section 404E(d)(2), 405(b)(1)(C), 472, or 485B of the Act, or other sections of the Act authorizing research training or traineeships, and the regulations of this part, to a qualified individual for the person's subsistence and other expenses during a period in which the awardee is acquiring the research training approved under the award

is the purpose of

§ 63.3 What traineeships?

The purpose of an NIH research traineeship is to provide support for flnancial subsistence to an individual during a period in which the awardee is acquiring training in:

(a) Basic and/or clinical biomedical or behavioral research relating to human health, including extending healthy life and reducing the burdens of illness, or

(b) Medical library science or related fields pertaining to sciences related to health or the communication of health sciences information.

Traineeships are intended to make available in the United States an increased number of persons having special competence in these research fields through developmental training and practical research experience in the facilities of NIH, with supplemental training at other qualified institutions (see § 63.8(a)).

§ 63.4 What are the minimum qualifications for awards?

Minimum qualifications for any traineeship shall be established by the Director and shall be uniformly applicable to all applicants in each

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