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he or she will satisfy the requirements tion, the individual has requested and of $64a.105, and document, in accord- had approved, respectively, an extenance with paragraph (d) of this section, sion of the time for beginning the servthe entrance interview on the form ice, or a break in service. containing the individual's written as- (2) Following termination of the surance.
traineeship, the individual must annu(c) At the time of termination of the ally provide (in such form and manner clinical traineeship,
as the Secretary prescribes) a written (1) Notify the Secretary in writing of report describing those previous years' the date on which the individual's
activities which are related to service traineeship is terminated;
that fulfills the payback obligation. (2) Conduct an exit interview with The Secretary will review this report the individual to remind the trainee of
and credit all service performed in the service obligation, to fully explain those categories specified in paragrapa the consequences that will incur should
(d) of this section toward the individthe trainee fail to satisfy the obliga- ual's payback obligation, except any tion, and, to tell the individual that
service which is performed: the Secretary has been notified of the (1) Before termination of the individdate of termination of the traineeship; ual's clinical traineeship; and and
(ii) As part of any activity, such as (3) Document, in accordance with
course work, preparation of a dissertaparagraph (d) of this section, the exit
tion or thesis, or practicum, which interview on the form notifying the needed to complete the training for Secretary of the termination of the
which the individual received the traineeship.
traineeship. (d) Document the entrance and exit
(c) Duration of obligation. The period 2 interviews with at least the following information: The date of the interview,
of service payback must equal the **
riod of support under the clinical the names of the participants involved
traineeship on a month for month in the interview, and a statement that
basis. the interview included an explanation to the individual of the service pay
(d) Performance of the obligated ser
ice(1) General requirements. The oble back requirement and the
gated service must consist of the promo sequences of failing to fulfill the serv
sion of service for which the individua ice payback requirement.
was trained (in the training progrid (Approved by the Office of Budget and Man- for which the clinical traineeship agement under control number 0930-0120) received) and must be performed out (46 FR 39979, Aug. 5, 1981, as amended at 52
full-time basis (not less than 30 bou FR 18359, May 15, 1987)
per week averaged over the obligata
service period). 864a.105 What are the conditions of
(2) Preferred service. Except as obligated service?
vided under paragraph (d)(3) of this In order to receive clinical tion, the individual must provide traineeship an individual must comply obligated service in: with the following conditions:
(1) A public inpatient mental instit (a) Written assurance. Prior to the tion; award of a clinical traineeship, the in- (ii) Any entity which is receiving dividual must sign a written assurance has received a grant under the Menu (in such form and manner as the Sec- Health Systems Act or the Commun retary prescribes) that he or she will Mental Health Centers Act; satisfy the requirements of this sec- (111) A psychiatric manpower shey tion.
age area designated by the Secrets (b) Commencement and crediting of under section 332 of the Public Heal service. (1) An individual must start the Service Act and 42 CFR part 5; obligated service within twenty-four (iv) Any public or private nonpro months after termination of the clini- entity or in any nursing home (wheck cal traineeship and carry out the serv- public, private nonprofit, or for pros? ice on a continuous basis unless, as in which 50 percent or more of this specified in paragraph (e) of this sec- served are within one or more of
following groups: Racial or ethnic mi- having a payback obligation, the Secnorities (American Indian or Alaskan retary may: Native, Asian or Pacific Islander, (1) Extend the period for beginning
Black, Hispanic), chronically mentally the obligated service (24 months after e ill, mentally retarded, criminal or de- termination of the clinical
linquent populations, rape victims, traineeship), permit breaks in the re* physically handicapped, abusers of al- quired continuous service or extend the cohol, or persons addicted to drugs or period for repayment under paragraph other substances, children and adoles- (8)(2) of this section, if it is determined cents, the elderly, poverty populations, that: migrants, members of the armed forces (A) An extension or break in service or veterans if seen in a Federal facil- is necessary for the completion of ty), residents of areas other than training; hose defined as urbanized by the De- (B) Performance of the obligation artment of Commerce, or any other must be delayed because a temporary pecial populations, such as groups of disability makes present performance
efugees or disaster victims, which are impossible; or recifically designated by the Sec- (C) Performance of the obligation tary for this purpose.
must be delayed because present per(3) Alternate service. If the individual formance would involve a substantial itains the written approval of the hardship and failure to extend the peicretary, the individual may fulfill riod would be against equity and good s or her obligation by:
conscience. 2 (1) Serving in any public or private (ii) Waive, in whole or in part, the - unprofit entity or in any nursing service payback and recovery require
me (whether public, private non- ments of this section if it is determined Wit, or for profit) in which not less that fulfillment would be impossible in 25 percent of those served are because the individual is permanently thin one or more of the underserved and totally disabled. pulation groups listed in paragraph (iii) In making determinations under
(2)(iv) of this section. The individual $64a.105(e)(1)(1)(C), the Secretary will st demonstrate a service commit- take into consideration the following nt of more than 50 percent of his or factors:
time to the targeted populations. (A) The individual's present financial 1) Teaching, conducting research, or resources and obligations; ducting evaluation directed at im- (B) The individual's estimated future ving alcohol, drug abuse or mental financial resources and obligations; Ith services to one or more of the (C) The reasons for the individual's Ority population groups listed in failure to complete the requirements agraph (a)(2)(iv) of this section, or within the prescribed period, such as king in a position which fosters the problems of a personal nature; er collaboration of health and alco- (D) The unavailability of employdrug abuse or mental health serv- ment opportunities appropriate to the
individual's education and training; 1) Providing in a public or private and profit entity consultation, training (E) Any other extenuating cireducation, liaison, community sup cumstances.
or other professional services for (2) Upon receipt of written notice givh the individual was trained when ing evidence of a conflicting obligation
individual's work is directed to- under section 52 or 753 of the Act or of l improving alcohol, drug abuse or
an election to fulfill an obligation tal health services to the priority under section 472 of the Act prior to an dations listed in paragraph obligation under this section, the Sec:)(iv) of this section.
retary will extend the period for beginConditions for deferral or break in ning service (24 months after termice, waiver, or cancellation. (1) Upon nation of the clinical traineeship), peript of a written request showing mit breaks in the required continuous I cause therefor by the individual service or extend the period for repay
ment under paragraph (8)(1), as appropriate.
(3) The service payback and recovery obligations of an individual will be cancelled upon the submission to the Secretary of a certificate of that individual's death or other evidence which the Secretary determines to be satisfactory.
(f) Conflicting or multiple payback obligations. In any case where the individual has, in addition to a payback obligation incurred under this section, an obligation to perform service under section 752 or 753 of the Act (because of receipt of a National Health Service Corps scholarship) or under section 472 of the Act (because of receipt of a National Research Service Award), or both, performance of the same activity may not be counted toward more than one of these obligations. In determining the order in which obligations must be fulfilled, obligations under section 752 or 753 take precedence over obligations incurred under this section. However, with respect to obligations under this section and 472, the individual may elect which obligation to fulfill first. Any individual who has an obligation under section 752 or 753 or makes an election to fulfill an obligation under section 472 prior to an obligation under this section, must give written notice to the Secretary as provided by paragraph (e)(3) of this section.
(8) Recovery for failure to perform obligated service. (1) If an individual fails to begin or complete the obligated service in accordance with the requirements of paragraphs (a) through (f) of this section, that individual is obligated to repay the United States an amount equal to three times the cost of the award (including stipends and other trainee allowances) plus interest on that amount calculated for the total period since the trainee failed to perform the obligated service at the rate set by the Secretary of the Treasury for National Research Service Awards prevailing on the date on which the period of appointment begins, multiplied, in any case in which the service that was required has been performed in part, by the percentage which the length of service that was not performed is to the length of the service that was required to be performed. The
where A=the amount the United States is entitled
to recover; e=the cost of the clinical traineeship (includ
ing stipends and other trainee allow
ances); m=the number of months since the trainee
failed to perform obligated service; i=the National Research Service Award rata
on the date which the period of appoint
ment begins divided by twelve; t=the total number of months of the service
obligation; g=the number of months that have been
served. (2) Unless the Secretary extends the repayment period as provided in paragraph (e) of this section, the individual shall pay to the United States the total amount which the United States is ertitled to recover under paragraph (6)(I) of this section immediately upon the date that the individual fails to begin or complete the period of obligated service (including failing to comply with the applicable terms and condier tions of an extension or break in serrice granted the individual) or upon the date that the individual indicates his or her intention not to fulfill the ser ice obligation as determined by the Secretary. The amount is considered debt owed to the United States, with interest accruing monthly upon the total debt as provided under paragrap (8)(1) of this section. (46 FR 39979, Aug. 5, 1981, as amended at FR 18359, May 15, 1987)
Sec. 65.1 To what projects do these regulation
apply? 65.2 Definitions. 65.3 Who is eligible to apply for a grant? 65.4 Project requirements. 65.5 How will applications be evaluated? 65.6 How long does grant support last? 65.7 For what purposes may grant funds
65.8 What additional Department regula- of Transportation, the Administrator tions apply to grantees?
of the Environmental Protection Agen85.9 Additional conditions.
cy, and other agencies under section AUTHORITY: 42 U.S.C. 9660a; 49 U.S.C. App. 126(8) of the SARA or section 106(b) of 1816.
the HMTA. SOURCE: 55 FR 42568, Oct. 22, 1990, unless (c) Two types of grants are available: otherwise noted.
Program grants covering the full range
of activities, including program devel165.1 To what projects do these regu. opment, direct worker training and lations apply?
education, and program evaluation; (@) The regulations in this part apply and planning grants under the SARA. 0:
(1) Planning grants are intended to (1) The program of grants for the assist organizations which demonstrate raining and education of workers who potential for providing hazardous re or are likely to be engaged in ac- worker training, but need additional
Ivities related to hazardous waste re- developmental efforts prior to initiloval or containment, or emergency ation of full curriculum development isponse that is authorized under sec
and training activities. A limited numon 126(8) of the SARA; and
ber of one-year planning grants may be (2) The program of grants to support funded at a level determined approvalified non-profit organizations for
priate by the Director. After successful le purpose of providing training and
completion of a one-year planning lucation to hazardous materials em
grant, a recipient may apply for a full oyees regarding: the safe unloading,
program grant on a competitive basis. jading, handling, storage, and trans
(2) Full program grants will be Intation of hazardous materials; and,
awarded to organizations with domaergency preparedness for responding
onstrated capability to provide worker accidents or incidents involving the
health and safety training and eduansportation of hazardous materials
cation and demonstrated ability to at is authorized under section 118 of
identify, describe, and access target & HMTA. b) Grants are available for curricu
populations. Full program grantoos
must be able to immediately initiate n and training materials develop
curriculum development and worker int, technical support of training, diit student training, training program
training activities. Muation and related activities. Tar- (55 FR 42568, Oct. 22, 1990, 89 FR M141, Deo, populations for this training are 13, 1994) rkers and supervisors who are or are ely to be engaged in hazardous sub
$65.2 Definitions. ince removal or other activities As used in this part: ich expose or potentially expose Award or grant means a grant or cose workers to hazardous substances operative agreement made under 100 activities such as:
tion 12618) of the BARA or section 118 1) Waste handling and processing at of the HMTA. ste generators and active and inac- Director means the Director, National Ne hazardous substance treatment, Institute of Environmental Health trage, and disposal facilities;
Sciences, or the Director's delegate, 02) Clean up, removal, containment,
HHS means the Department of Health remedial actions at waste sites; and Human Services, 3) Hazardous substance emergency
HMTA means the Hazardous Matesponse;
rals Transportation Act, as amended (4) Hazardous substance disposal site
(49 U.S.C. App. 1901 et seq.), sk assessment and investigation,
NIEHS means the National Institute an up, or remedial actions; and
of Environmental Health Mciences, an 5) Transportation of hazardous
organizational component of the Na stes.
tional Institutes of Health, as authorTarget populations may also be regu. ized by sections 401(XIX(L) and 463 of sted under standards promulgated by the Public Health Service Act (42 ie Secretary of Labor, the Secretary 0.8.C. 21(b)(1)(L) and 2011),
NIH means the National Institutes of Health.
Nonprofit as applied to any agency, organization, institution, or other entity means a corporation or association no part of the net earnings of which inures or may lawfully inure to the benefit of any private shareholder or individual.
SARA means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99 499, as amended (42 U.S.C. 9601 et seq.).
Stipend means a payment to an organization that is intended to help meet that organization's subsistence penses for trainees during the training period.
Training grant means an award of funds to an eligible entity for a project authorized under $65.1. (55 FR 42568, Oct. 22, 1990; 59 FR 64141, Dec. 13, 1994)
8 65.3 Who is eligible to apply for a
grant? Public and private nonprofit entities providing worker health and safety education and training may apply for grants under these regulations. Applicants for a grant may use services, as appropriate, of other public or private organizations necessary to develop, administer, or evaluate proposed worker training programs so long as the majority of the work is done by the applicant.
(b) Each applicant must detail the nature, duration, and purpose of the training for which the application is filed. The proposed training program must meet the standards promulgated by the Secretary of Labor and Secretary of Transportation under section 126(8) of the SARA or section 106(b) of the HMTA, and such additional requirements as the Director may prescribe to ensure appropriate health and safety training.
(c) The applicant must provide assurance that the applicant will not dis, criminate in the selection of trainees or instructors on the basis of member ship or nonmembership in a union. (55 FR 42568, Oct. 22, 1990; 59 FR 64141, Dec. 13, 1994) 3 65.5 How will applications be evala
ated? (a) The Director shall evaluate appli cations through the officers and employees, and experts and consultants engaged by the Director for that pur. pose. The Director's first level of evaluation will be for technical merit and shall take into account, among other pertinent factors, the significance the project, the qualifications and competency of the project director and proposed staff (including the ability manage complex training programa the adequacy of selection criteria fa trainees for the project, the adequa of the detailed training plan includin provision for hands-on training, the adequacy of the applicant's resource available for the project, the amount grant funds necessary for completion its objectives, and how well the projects meet training criteria OSHA'S Hazardous Waste Operation and Emergency Response Regulation (29 CFR 1910.120) and/or how well that cover the target populations listed $ 65.1(b). A second level of review will be conducted for program relevance.
(b) Within the limits of funds ava:141 able, the Director may award training grants to carry out those projects which have satisfied the requirement of the regulations of this part; are da termined by the Director to be tech nically meritorious; and in the judes ment of the Director best promote the purposes of the grant programs author ized by section 126(8) of the SARA O
8 65.4 Project requirements.
In addition to meeting the requirements specified in the application, the instructions accompanying it, and the regulations referred to in $65.8, each applicant must meet the following requirements:
(a) Two or more nonprofit organizations may join in a single application and share grant resources in order to maximize worker group coverage, enhance the effectiveness of training, and bring together appropriate academic disciplines and talents. Joint applications must describe the cooperative arrangements for program integration and effectiveness. Specific expertise, facilities, or services to be provided by each participating member must be identified.