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he or she will satisfy the requirements of §64a.105, and document, in accordance with paragraph (d) of this section, the entrance interview on the form containing the individual's written as

surance.

(c) At the time of termination of the clinical traineeship,

(1) Notify the Secretary in writing of the date on which the individual's traineeship is terminated;

(2) Conduct an exit interview with the individual to remind the trainee of the service obligation, to fully explain the consequences that will incur should the trainee fail to satisfy the obligation, and, to tell the individual that the Secretary has been notified of the date of termination of the traineeship; and

(3) Document, in accordance with paragraph (d) of this section, the exit interview on the form notifying the Secretary of the termination of the traineeship.

(d) Document the entrance and exit interviews with at least the following information: The date of the interview, the names of the participants involved in the interview, and a statement that the interview included an explanation to the individual of the service payback requirement and the consequences of failing to fulfill the service payback requirement.

(Approved by the Office of Budget and Management under control number 0930-0120)

[46 FR 39979, Aug. 5, 1981, as amended at 52 FR 18359, May 15, 1987]

§64a.105 What are the conditions of obligated service?

In order to receive a clinical traineeship an individual must comply with the following conditions:

(a) Written assurance. Prior to the award of a clinical traineeship, the individual must sign a written assurance (in such form and manner as the Secretary prescribes) that he or she will satisfy the requirements of this section.

(b) Commencement and crediting of service. (1) An individual must start the obligated service within twenty-four months after termination of the clinical traineeship and carry out the service on a continuous basis unless, as specified in paragraph (e) of this sec

tion, the individual has requested and had approved, respectively, an extension of the time for beginning the service, or a break in service.

(2) Following termination of the traineeship, the individual must annually provide (in such form and manner as the Secretary prescribes) a written report describing those previous years' activities which are related to service that fulfills the payback obligation. The Secretary will review this report and credit all service performed in those categories specified in paragraph (d) of this section toward the individ ual's payback obligation, except any service which is performed:

(i) Before termination of the individ ual's clinical traineeship; and

(ii) As part of any activity, such as course work, preparation of a disserta tion or thesis, or practicum, which i needed to complete the training for which the individual received the traineeship.

(c) Duration of obligation. The period of service payback must equal the pe riod of support under the clinical traineeship on a month for month basis.

(d) Performance of the obligated ser ice (1) General requirements. The obl gated service must consist of the pro sion of service for which the individ was trained (in the training progra for which the clinical traineeship received) and must be performed on full-time basis (not less than 30 hou per week averaged over the obligat service period).

(2) Preferred service. Except as vided under paragraph (d)(3) of this tion, the individual must provide obligated service in:

(1) A public inpatient mental instit tion;

(ii) Any entity which is receiving has received a grant under the Ment Health Systems Act or the Communi Mental Health Centers Act;

(iii) A psychiatric manpower sho age area designated by the Secrets under section 332 of the Public Hea Service Act and 42 CFR part 5;

(iv) Any public or private nonpro entity or in any nursing home (whet public, private nonprofit, or for pro in which 50 percent or more of th 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, nigrants, 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 nprofit 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. i) Teaching, conducting research, or ducting evaluation directed at imving alcohol, drug abuse or mental Ith services to one or more of the rity population groups listed in agraph (d)(2)(iv) of this section, or king in a position which fosters the er collaboration of health and alcodrug abuse or mental health serv

i) Providing in a public or private profit entity consultation, training education, liaison, community supor other professional services for ch the individual was trained when individual's work is directed toi improving alcohol, drug abuse or tal health services to the priority ilations listed in paragraph )(iv) of this section.

Conditions for deferral or break in ce, waiver, or cancellation. (1) Upon ipt of a written request showing cause therefor by the individual

having a payback obligation, the Secretary may:

(i) 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 (g)(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.

(g) 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

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A=the amount the United States is entitled to recover;

e=the cost of the clinical traineeship (includ ing stipends and other trainee allowances);

m=the number of months since the trainee failed to perform obligated service; i=the National Research Service Award rate o

on the date which the period of appoint a ment begins divided by twelve;

t=the total number of months of the service obligation;

s=the number of months that have been served.

(2) Unless the Secretary extends the repayment period as provided in para graph (e) of this section, the individual shall pay to the United States the total amount which the United States is entitled to recover under paragraph (g)(1) 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 condi tions of an extension or break in serv ice granted the individual) or upon the date that the individual indicates his or her intention not to fulfill the serv 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 (g)(1) of this section.

[46 FR 39979, Aug. 5, 1981, as amended at FR 18359, May 15, 1987]

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(1) The program of grants for the raining and education of workers who re or are likely to be engaged in acivities related to hazardous waste re1oval or containment, or emergency sponse that is authorized under sec-on 126(g) of the SARA; and

(2) The program of grants to support alified non-profit organizations for le purpose of providing training and lucation to hazardous materials emoyees regarding: the safe unloading, ading, handling, storage, and transrtation of hazardous materials; and, dergency preparedness for responding accidents or incidents involving the ansportation of hazardous materials at is authorized under section 118 of @ HMTA.

b) Grants are available for curricun and training materials developnt, technical support of training, dit student training, training program aluation and related activities. Tarpopulations for this training are rkers and supervisors who are or are ely to be engaged in hazardous subnce removal or other activities ich expose or potentially expose se workers to hazardous substances activities such as:

1) Waste handling and processing at
ste generators and active and inac-
e hazardous substance treatment,
rage, and disposal facilities;

2) Clean up, removal, containment,
remedial actions at waste sites;
3) Hazardous substance emergency
sponse;

4) Hazardous substance disposal site
k assessment and investigation,
ean up, or remedial actions; and
(5) Transportation of hazardous

istes.

Target populations may also be regusted under standards promulgated by le Secretary of Labor, the Secretary

of Transportation, the Administrator of the Environmental Protection Agency, and other agencies under section 126(g) of the SARA or section 106(b) of the HMTA.

(c) Two types of grants are available: Program grants covering the full range of activities, including program development, direct worker training and education, and program evaluation; and planning grants under the SARA.

(1) Planning grants are intended to assist organizations which demonstrate potential for providing hazardous worker training, but need additional developmental efforts prior to initiation of full curriculum development and training activities. A limited number of one-year planning grants may be funded at a level determined appropriate by the Director. After successful completion of a one-year planning grant, a recipient may apply for a full program grant on a competitive basis.

(2) Full program grants will be awarded to organizations with demonstrated capability to provide worker health and safety training and education and demonstrated ability to identify, describe, and access target populations. Full program grantees must be able to immediately initiate curriculum development and worker training activities.

[55 FR 42568, Oct. 22, 1990; 50 FR 04141, Deo, 13, 1994]

$65.2 Definitions.

As used in this part:

Award or grant means a grant or cooperative agreement made under section 126(g) of the BARA or section 118 of the HMTA.

Director means the Director, National Institute of Environmental Health Sciences, or the Director's delegate,

HHS means the Department of Health and Human Services.

HMTA means the Hazardous Materials Transportation Act, as amended (49 U.S.C. App. 1801 et seq.),

NIEHS means the National Institute of Environmental Health Sciences, an organizational component of the National Institutes of Health, as authorized by sections 401(b)(1)(L) and 463 of the Public Health Service Act (42 U.B.C. 281(b)(1)(L) and 285(1),

157-163 0-95-17

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 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]

§ 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.

§ 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.

(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(g) 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 membership or nonmembership in a union.

[55 FR 42568, Oct. 22, 1990; 59 FR 64141, Dec 13, 1994]

§ 65.5 How will applications be evalu ated?

(a) The Director shall evaluate applications through the officers and employees, and experts and consultants engaged by the Director for that par pose. The Director's first level of eval uation 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 programs) the adequacy of selection criteria for trainees for the project, the adequac of the detailed training plan includin provision for hands-on training, th adequacy of the applicant's resource available for the project, the amount grant funds necessary for completion its objectives, and how well projects meet training criteria OSHA's Hazardous Waste Operations and Emergency Response Regulation (29 CFR 1910.120) and/or how well they 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 avai able, the Director may award training 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 tech nically meritorious; and in the judg ment of the Director best promote the purposes of the grant programs authorized by section 126(g) of the SARA of

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