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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 paragrap! the consequences that will incur should
(d) of this section toward the individ the trainee fail to satisfy the obliga
ual's payback obligation, except an tion, and, to tell the individual that
service which is performed: the Secretary has been notified of the
(1) Before termination of the individ date of termination of the traineeship;
ual's clinical traineeship; and and
(ii) As part of any activity, such (3) Document, in accordance with
course work, preparation of a disserta paragraph (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 traineeship.
traineeship. (d) Document the entrance and exit
(c) Duration of obligation. The period interviews with at least the following
of service payback must equal the information: The date of the interview,
riod of support under the clinica the names of the participants involved
traineeship on a month for mont! 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 ob back requirement and the
gated service must consist of the prop sequences of failing to fulfill the service payback requirement.
sion of service for which the individe
was trained (in the training progra (Approved by the Office of Budget and Man- for which the clinical traineeship agement under control number 0930-0120) received) and must be performed on (46 FR 39979, Aug. 5, 1981, as amended at 52
full-time basis (not less than 30 hou FR 18359, May 15, 1987)
per week averaged over the obligat
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 insti (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 Men (in such form and manner as the Sec- Health Systems Act or the Communi retary prescribes) that he or she will Mental Health Centers Act; satisfy the requirements of this sec- (iii) A psychiatric manpower sho tion.
age area designated by the Secreta (b) Commencement and crediting of under section 332 of the Public Hea service. (1) An individual must start the Service Act and 42 CFR part 5; obligated service within twenty-four (iv) Any public or private podpry months after termination of the clini- entity or in any nursing home (whet cal traineeship and carry out the serv- public, private nonprofit, or for pra ice on a continuous basis unless, as in which 50 percent or more of pecified in paragraph (e) of this sec- served are within one or more of
following groups: Racial or ethnic minorities (American Indian or Alaskan Native, Asian or Pacific Islander, Black, Hispanic), chronically mentally ill, mentally retarded, criminal or delinquent populations, rape victims, physically handicapped, abusers of alcohol, or persons addicted to drugs or other substances, children and adolescents, the elderly, poverty populations, migrants, members of the armed forces or veterans if seen in a Federal facilty), residents of areas other than hose defined as urbanized by the Deartment of Commerce, or any other pecial populations, such as groups of efugees or disaster victims, which are pecifically designated by the Sectary for this purpose. (3) Alternate service. If the individual tains the written approval of the cretary, the individual may fulfill s or her obligation by: (1) Serving in any public or private onprofit entity or in any nursing me (whether public, private nonfit, or for profit) in which not less in 25 percent of those served are thin one or more of the underserved pulation groups listed in paragraph (2)(iv) of this section. The individual st demonstrate a service commitnt of more than 50 percent of his or
time to the targeted populations. 1) Teaching, conducting research, or ducting evaluation directed at imving alcohol, drug abuse or mental ith services to one or more of the yrity population groups listed in agraph (d)(2)(iv) of this section, or king in a position which fosters the er collaboration of health and alco
drug abuse or mental health seryi) Providing in a public or private profit entity consultation, training education, liaison, community sup
or other professional services for on the individual was trained when
individual's work is directed toa improving alcohol, drug abuse or tal health services to the priority ulations listed
paragraph (iv) of this section.
Conditions for deferral or break in ce, waiver, or cancellation. (1) Upon pt of a written request showing
cause therefor by the individual
having a payback obligation, the Secretary may:
(1) Extend the period for beginning the obligated service (24 months after termination of the clinical traineeship), permit breaks in the required continuous service or extend the period for repayment under paragraph (g)(2) of this section, if it is determined that:
(A) An extension or break in service is necessary for the completion of training;
(B) Performance of the obligation must be delayed because a temporary disability makes present performance impossible; or
(C) Performance of the obligation must be delayed because present performance would involve a substantial hardship and failure to extend the period would be against equity and good conscience.
(ii) Waive, in whole or in part, the service payback and recovery requirements of this section if it is determined that fulfillment would be impossible because the individual is permanently and totally disabled.
(iii) In making determinations under $64a.105(e)(1)(1)(C), the Secretary will take into consideration the following factors:
(A) The individual's present financial resources and obligations;
(B) The individual's estimated future financial resources and obligations;
(C) The reasons for the individual's failure to complete the requirements within the prescribed period, such as problems of a personal nature;
(D) The unavailability of employment opportunities appropriate to the individual's education and training; and
(E) Any other extenuating circumstances.
(2) Upon receipt of written notice giving evidence of a conflicting obligation under section 752 or 753 of the Act or of an election to fulfill an obligation under section 472 of the Act prior to an obligation under this section, the Secretary will extend the period for beginning service (24 months after termination of the clinical traineeship), permit breaks in the required continuous 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.
(1) Conficting 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
A=the amount the United States is entitle
to recover; e=the cost of the clinical traineeship (Inclu
ing stipends and other trainee alloi
ances); m=the number of months since the traini
failed to perform obligated service; i=the National Research Service Award na
on the date which the period of appoin
ment begins divided by twelve; t=the total number of months of the servi
obligation; s=the number of months that have bee
served. (2) Unless the Secretary extends th repayment period as provided in para graph (e) of this section, the individua shall pay to the United States the total amount which the United States is en titled to recover under paragraph (@XI) of this section immediately upon date that the individual fails to begin or complete the period of obligated service (including failing to compl with the applicable terms and condi tions of an extension or break in sery ice granted the individual) or upon the date that the individual indicates by or her intention not to fulfill the ser ice obligation as determined by Secretary. The amount is considered debt owed to the United States, with interest accruing monthly upon to total debt as provided under paragraf (g)(1) of this section. (46 FR 39979, Aug. 5, 1981, as amended at FR 18359, May 15, 1987)
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
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; (a) 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 approsalified 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 loyees regarding: the safe unloading,
program grant on a competitive basis. ading, handling, storage, and trans
(2) Full program grants will be rtation of hazardous materials; and,
awarded to organizations with demjergency preparedness for responding accidents or incidents involving the
onstrated capability to provide worker
health and safety training and eduansportation of hazardous materials at is authorized under section 118 of identify, describe, and access target
cation and demonstrated ability to HMTA. b) Grants are available for curricu
populations. Full program grantoos n and training materials develop
must be able to immediatoly Initiato unt, technical support of training, di
curriculum development and worker It student training, training program
training activities. Luation and related activities. Tar- (55 FR 42568, Oct. 22, 1900; FR 6141, Deo, to 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 co38€ workers to hazardous substances operative agreement made under 160activities such as:
tion 126(%) of the SARA or section 118 1) Waste handling and processing at of the HMTA. ste generators and active and inac
Director means the Director, National e hazardous substance treatment, Institute of Environmental Health irage, and disposal facilities;
Sciences, or the Director's delegate, 2) 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;
rials Transportation Act, as amended 4) Hazardous substance disposal site
(49 U.S.C. App. 1801 et seq.), sk assessment and investigation,
NIEHS means the National Institute an up, or remedial actions, and
of Environmental Health Sciences, an 5) Transportation of hazardous Lates.
organizational component of the Na
tional Institutes of Health, as authorTarget populations may also be regu. Ized by sections 40100X1XL) and 463 of ted under standards promulgated by the Public Health Service Act (42 e Secretary of Labor, the Secretary U.B.C. %100X1XL) and 26),
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 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 expenses 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 18 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 assur ance that the applicant will not discriminate 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) 865.5 How will applications be evalo
ated? (a) The Director shall evaluate appli cations through the officers and employees, and experts and consultant engaged by the Director for that pur. pose. The Director's first level of enl uation will be for technical merit and shall take into account, among othe pertinent factors, the significance the project, the qualifications competency of the project director an proposed staff (including the ability manage complex training program the adequacy of selection criteria trainees for the project, the adequa of the detailed training plan includis provision for hands-on training, ti adequacy of the applicant's resouro available for the project, the amount grant funds necessary for completion its objectives, and how well projects meet training criteria OSHA's Hazardous Waste Operatio and Emergency Response Regulatio (29 CFR 1910.120) and/or how well the cover the target populations listed $65.1(b). A second level of review be conducted for program relevance.
(b) Within the limits of funds ava! able, the Director may award trainis grants to carry out those project which have satisfied the requirement of the regulations of this part; are de termined by the Director to be tedt nically meritorious; and in the jude ment of the Director best promote the purposes of the grant programs author ized by section 126(8) of the SARA
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.