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The Secretary that from time to time mace payments to a grantee of al or a portion of any gan Ward, either to advance or by way of recmbu "sement for expenses thored or to be noted in the performance of the project to the extent be determines such paymente necessary to promote prompt

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a Attention is called to the re ments of title VI of the Civil Act of 1964 (78 Stat. 252, 42 U.S.C. et seg.) and in particular section in such Act which provides that no p in the United States shall on:

initiation and advancement of the ap grounds of race, color, or nationa proved project.

186.16 Use of project funds.

(a) Any funds granted pursuant to this subpart as well as other funds to be used in performance of the approved project shall be expended solely for carrying out the approved project in accordance with section 21 a) of the Act, the regulations of this subpart the terms and conditions of the award, and the applicable cost principles prescribed by subpart Q of 45 CFR part 74. (b) Prior written approval by the Secretary of revision of the budget and project plan is required whenever there is to be a significant change in the scope or nature of project activities, which in the case of short term training grants, includes any change in the course dates or training sites.

(c) Grant funds are available for trainee stipends and for tuition, including fees and instructional materials, for travel costs related to training allowances. Stipends and allowances may not be increased or be paid beyond the term of the stipend on account of vacation an individual might have been entitled to but did not take.

(d) Stipends may only be paid to a trainee who is a citizen of the United States, an alien lawfully admitted to the United States for permanent residence, or a permanent resident of Guam, American Samoa, or the Trust Territory of the Pacific Islands.

(e) In the case of short term training grants, stipends may not be paid to persons receiving lecture fees, salary, travel expenses, or payment in any form as members of the course instructional staff.

gun be excluded from participation be denied the benefits of, or betra jected to, discrimination under a program or activity receiving Ferm financial assistance. A regulation plementing such title VI, which ap to grants made under this subpart, been issued by the Secretary of He and Human Services with the appra of the President (45 CFR part 80).

(b) Attention is called to the requ ments of title IX of the Educat Amendments of 1972 (86 Stat. 373, U.S.C. 1681 et seq.) and in particular section 901 of such Act which provi that no person in the United Sta shall, on the basis of sex, be exclud from participation in, be denied t benefits of, or be subjected to discrim nation under any education program activity receiving Federal financial sistance.

(c) Attention is called to the requir ments of section 504 of the Rehabilit tion Act of 1973, as amended, whic provides that no otherwise qualifie handicapped individual in the Unite States shall, solely by reason of hi handicap, be excluded from participa. tion in, be denied the benefits of, or b subjected to discrimination under any program or activity receiving Federal financial assistance.

$86.18 Grantee accountability.

(a) Accounting for grant award payments. All payments made by the Secretary shall be recorded by the grantee in accounting records separate from the records of all other grant funds, including funds derived from other grant awards. With respect to each approved project the grantee shall account for

total of all amounts paid by ing or otherwise making availdence satisfactory to the Secof expenditures for direct and Set costs meeting the require

of this part: Provided, however, when the amount awarded for incosts was based on a predeterfixed-percentage of estimated dicosts, the amount allowed for indicosts shall be computed on the The of such predetermined fixed-perpare rates applied to the total, or a ted element thereof, of the reimble direct costs incurred. Accounting for interest earned on funds. Pursuant to section 203 of Intergovernmental Cooperation

of 1968 (42 U.S.C. 4213), a State will be held accountable for interest ed on grant funds, pending their sement for grant purposes. A e, as defined in section 102 of the governmental Cooperation Act, any one of the several States, District of Columbia, Puerto Rico, territory or possession of the UnitStates, or any agency or instrumenty of a State, but does not include governments of the political visions of the State. All grantees ther than a State, as defined in this tion, must return all interest earned gant funds to the Federal Govern

Grant closeout (1) Date of final acg. A grantee shall render, with pect to each approved project, a full stant, as provided herein, as of the date of termination of grant support. The Secretary may require other specal and periodic accounting.

(2) Final settlement. There shall be yable to the Federal Government as al settlement with respect to each Approved project the total sum of: (1) Any amount not accounted for pursuant to paragraph (a) of this section; and

(ii) Any credits for earned interest pursuant to paragraph (b) of this section; and

(iii) Any other amounts due pursuant to subparts F, M, and O of 45 CFR part

74.

Such total sum shall constitute a debt owed by the grantee to the Federal Government and shall be recovered from the grantee or its successors or

assignees by setoff or other action as provided by law.

$86.19 Human subjects; animal welfare.

No grant award may be made under this subpart unless the applicant has complied with:

(a) 45 CFR part 46 pertaining to the protection of human subjects; and

(b) Chapter 1-43 of the Department Grants Administration Manual2 concerning animal welfare.

§ 86.20 Additional conditions.

The Secretary may with respect to any grant award impose additional conditions prior to or at the time of any award when in his judgment such conditions are necessary to assure or protect advancement of the approved project, the interests of public health, or the conservation of grant funds. § 86.21 Applicability of 45 CFR part 74.

The provisions of 45 CFR part 74, establishing uniform administrative requirements and cost principles, shall apply to all grants under this part to States and local governments as those terms are defined in subpart A of that part 74. The relevant provisions of the following subparts of part 74 shall also apply to grants to all grantee organizations under this part:

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Subpart C-Occupational Safety and Health Direct Traineeships

$86.30 Nature and purpose of direct traineeships.

A direct traineeship is an award of funds directly from the Federal Government to an individual (herein called the "trainee") for his subsistence and other expenses during a period in which he is acquiring training (a) in the occupational safety and health professions, (b) for research relating to occupational safety and health, or (c) for teaching in occupational safety and health.

§ 86.31 Eligibility; minimum requirements.

In order to be eligible for an award under this subpart an applicant must:

(a) Have been accepted by a public or private institution for the purpose of the activity for which the traineeship is sought.

(b) Be a U.S. citizen, an alien lawfully admitted to the United States for permanent residence or a permanent resident of Guam, American Samoa, or the Trust Territory of the Pacific Islands.

[40 FR 29076, July 10, 1975, as amended at 47 FR 53012, Nov. 24, 1982]

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may be made under this subpar said institution has complied w. (a) 45 CFR part 46 pertaining protection of human subjects; ai (b) Chapter 1-43 of the Dep Grants Administration Mar concerning animal welfare.

$86.34 Evaluation and award of traineeships.

Within the limits of funds av for such purpose and subject to t ulations of this part, the Sec may award direct traineeships to qualified applicants who are judgment best able to carry o purpose of the traineeships takin consideration the need for train the area of study specified in the cation.

$86.35 Payments.

(a) Individuals receiving awards be entitled to such stipends and a ances as the Secretary may desig taking into account such factors a needs of the program, the cost of ing, and the availability of funds.

(NOTE: These are prescribed in chapt 140 of the Department Grants Admini tion Manual2).

(b) Payments of stipends and all ances will, at the discretion of the retary, be made directly to the trai or to the sponsoring institution payment directly to the trainee.

§86.36 Duration and continuation.

Direct traineeship awards may made for varying periods not in exc of 2 years. The Secretary may ma one or more continuation awards for additional period if he finds that sat factory progress is being made towa accomplishment of the purpose of t initial traineeship award. Addition support may be provided on appr priate justification after expiration ( the period of support in the previou award.

§86.37 Terms and conditions.

All direct traineeship awards shall be subject to the following terms and conditions:

2 See footnote 2 to §86.19.

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The Secretary may terminate a traineeship at any time upon reof the trainee.

After reasonable notice to the and an opportunity for the tation of the trainee's views and nt evidence, the Secretary may ate any direct traineeship prior date it would otherwise expire a determination that the trainperformance is unsatisfactory, the trainee is no longer attending sponsoring institution, or that he she is unfit or unable to carry out purpose of the traineeship.

The views and evidence of the shall be presented in writing the Secretary determines that resentation is desirable.

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AUTHORITY: Sec. 8(g), 84 Stat. 1600 (29 U.S.C. 657(g)), sec. 508, 83 Stat. 803 (30 U.S.C.

957).

SOURCE: 46 FR 58676, Dec. 3, 1981, unless otherwise noted.

$87.1 To which programs does this regulation apply?

This regulation applies to research and demonstration project grants under:

(a) Section 20(a)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 669(a)(1)) for the support of studies related to occupational safety and health, and

(b) Section 501 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 951) for the support of health research in mining. These grants are awarded and administered by the National Institute for Occupational Safety and Health, Centers for Disease Control, of the Public Health Service.

§87.2 Definitions.

As used in this regulation:

Demonstration project grant means an award of funds to an eligible applicant to assist in meeting the cost of conducting a demonstration, either on a pilot or full-scale basis, of the technical or economic feasibility or application of a new or improved procedure, method, technique, or approach that will further the research purposes described in §87.4.

Principal investigator for a research project, or project director for a demonstration project, means a single individual who is responsible for the scientific and technical direction of the project.

Research project grant means an award of funds to an eligible applicant to assist in meeting the costs of conducting an identified research activity or program, study, or experiment that will further the research purposes described in §87.4.

Secretary means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated.

1873 Who is eligible to apply for a $87.5 What information must grant under this part?

Any public or private agency or institution is eligible to apply for a grant under this part, except Federal agencies or institutions not specifically authorized by law to receive such a grant.

187.4 For what purposes may grants be awarded?

(a) The Occupational Safety and Health Act authorizes grants for research, experiments, and demonstrations relating to occupational safety and health, including studies of the psychological factors involved. This authority includes projects to develop innovative methods, techniques, and approaches for dealing with occupational safety and health problems.

(b) The Federal Mine Safety and Health Act authorizes grants for research projects designed to:

(1) Improve working conditions and practices affecting health in coal or other mines and to prevent occupational diseases originating in the mining industry.

(2) Develop epidemiological information to (1) identify and define positive factors involved in occupational diseases of miners, (ii) provide information on the incidence and prevalence of pneumoconiosis and other respiratory ailments of miners, and (iii) improve health standards.

(3) Develop techniques for the prevention and control of occupational diseases of miners, including tests for hypersusceptibility and early detec

tion.

(4) Evaluate the effect on bodily impairment and occupational disability of miners afflicted with an occupational disease.

(5) Study the relationship between coal or other mine environments and occupational diseases of miners.

(6) Study matters involving the protection of life and the prevention of diseases in connection with persons who, although not miners, work with or around the products of coal or other mines in areas outside of such mines and under conditions which may adversely affect the health and well-being of such persons.

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cluded in the grant applicati The application must contains plete description of the objectiv project and the plan for carryfr the research or demonstrati sm name and qualifications of that cipal investigator or project and principal staff members, ty resources and facilities that available, and a justification c amount of grant funds requested

$87.6 How will grant applicat evaluated and the grants aw (a) The Secretary may award to those applicants whose al Cove projects will best promote the p of either the Occupational Safe Health Act or the Federal Mine and Health Act on the basis of a uation conducted by experts c sultants engaged for this purpose

the

y

(b) This evaluation will take i count the scientific merit and pr cance of the project, the compete the proposed staff in relation 1 type of research or demonstratin volved, the feasibility of the pi the likelihood of its producing ingful results, the proposed projects par riod, the adequacy of the applicati resources available for the projec za amount of grant funds necessar completion, and for mining gran plications, the recommendations o Mine Health Research Advisory | mittee.

(c) The Secretary may evaluate approve two or more concurrent a cations, each dealing with one or 1 specified aspects of the project, make two or more concurrent g awards for the project. This may necessary when a project involve number of different but related p lems, activities, or disciplines wh would require evaluation by differ groups, or when support for a pro could be more effectively administe by separate handling of various aspe of the project.

$87.7 For what period of time ▾ grants be awarded?

(a) The notice of grant award spe fies how long the Secretary intends support the project without requiri the project to recompete for fund

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