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a site and must begin serving at the site by October 1, 1988. If a Program participant electing to serve under section 204(b) of Pub. L. 100-177 chooses to serve at a site on the 1989 HPOL, such participant must match to a HPOL site by February 15, 1989, and must begin service at the site by October 1, 1989. If a Program participant has elected to serve under section 204(c) of Pub. L. 100–177, 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 visit(s) 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.

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 obligation 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 to serve pursuant to section 204(b) and section 204(c)(2) of Pub. L. 100-177, will not receive a refund of any amounts previously paid but will receive service credit for those payments as follows:

(1) The number of days of service credit will be calculated by dividing the total amount paid by the Program participant prior to the Program participant's service start date by the total debt as of the service start date and multiplying the result of that division by the number of days of the participant's remaining service obligation (as determined by the formula set forth in the second sentence of paragraph (a) of this section).

(2) If the Program participant defaults on a contract under this Program, prior monetary payments will not be credited to service but will be applied to the monetary debt owed by the Program participant.

(c) Program participants who elect to serve under section 204(c)(1) of Pub. L. 100–177 must pay an amount equal to the scholarship amount. Any amounts paid by the Program participant prior to or after entry into the Program, in accordance with $ 62.76 of this subpart, will be used to reduce the Program participant's financial obligation incurred under section 204(c)(1) of Pub. L. 100 177. In some cases, the amounts paid before or after entry into the Program will exceed the scholarship amount. These payments in excess of the scholarship amount will be converted into days of service credit under the formula set forth in paragraph (b)(1) of this section. If a Program participant defaults on a contract under this option, the monies paid in excess of the

862.74 How much credit will a Pro

gram 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

scholarship amount will not be credited to service but will be credited toward the monetary debt owed by the Program participant under section 338E(b) of the Act or section 225(f)(1) of the Act, as in effect on September 30, 1977. The scholarship amount paid upon entering this option will be forfeited. $62.75 Will individuals serving under

the Special Repayment Program re

ceive credit for partial service? (a) With respect to obligations under the Scholarship Program, a credit will be allowed for partial service under the Special Repayment Program and will result in a reduction of the Program participant's financial obligation in accordance with the following formula:

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 perfor ned 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.

[t-(s+'2r)]

862.76 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

A = 30

t In which: 'A' is the amount the United States is enti

tled to recover; 'O' is the sum of the amounts paid to or on behalf of the Program participant under the Scholarship Program and the interest on such amounts which would be payable if, at the time the amounts were paid, they were loans bearing interest at the maximum legal prevailing rate, as determined

by the Treasurer of the United States; *t' is the sum of (1) the number of months of prior approved service 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; '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 per

formed by the Program participant in com

pliance 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

PART 63—TRAINEESHIPS

Sec. 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. 282(b)(13), 284(b)(1)(C), 285a-2(b)(3), 286b-3, 287c-21(a).

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

Traineeship means an award under the regulations of this part to a qualified individual for that person's subsistence and other expenses during the period that person is participating in the research training approved under the award.

[60 FR 10719, Feb. 27, 1995, as amended at 65 FR 66513, Nov. 6, 2000)

8 63.1 To what programs do these reg

ulations apply? (a) The regulations in this part apply to research traineeships awarded by the Director, NIH, each director of a national research institute of NIH, the Director of the National Library of Medicine, and the Director of the National Center for Complementary and Alternative Medicine, or their designees, pursuant to sections 402(b)(13), 405(b)(1)(C), 413(b)(3), 472, and 485(D)(a) of the Act, respectively.

(b) The regulations of this part do not apply to research training under the National Research Service Award Program governed by 42 CFR part 66 or to the Mental Health Traineeship Program governed by 42 CFR part 64a.

(c) Except as otherwise permitted under section 413(b)(3) of the Act, the regulations of this part do not apply to residency training of physicians or other health professionals. [65 FR 66512, Nov. 6, 2000)

$ 63.3 What is the

purpose

of traineeships? The purpose of an NIH research traineeship is to provide support for financial 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 863.8(a)).

$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 402(b)(13), 405(b)(1)(C), 413(b)(3), 472, 485D(a), or other sections of the Act which authorize research training or traineeships.

Awardee means an individual awarded a traineeship under sections 402(b)(13), 405(b)(1)(C), 413(b)(3), 72, 485D(a), or other sections of the Act which authorize research training or traineeships.

Director means the Director, NIH, the director of a national research institute of NIH, the Director of the National Library of Medicine, and the Director of the National Center for Complementary and Alternative Medicine, or any official of NIH to whom the authority involved has been delegated.

HHS means the Department of Health and Human Services.

Misconduct in science shall have the same meaning as prescribed in $50.102 of this chapter.

NIH means the National Institutes of Health.

PHS means the Public Health Service.

$63.4 What are the minimum qualifica

tions for awards? Minimum qualifications for any traineeship shall be established by the Director and shall be uniformly applicable

to
all applicants

in

each traineeship program. These minimum qualifications may include requirements as to citizenship, medical standards, academic degrees, professional or other training or experience, and other factors as may be necessary to the fulfillment of

the purpose of the traineeship. The Director may, as a matter of general policy or, in individual cases, waive compliance with any minimum qualification so established to the extent that the applicant or applicants have substantially equivalent qualifications or have such special training, experience or opportunity for service as to make an award

particularly appropriate, and to the ex- health benefits coverage; dependents' tent the Director finds it is consistent allowance; travel to pre-award interwith the fulfillment of the purpose of views, to first duty station, and return the traineeship.

to the place of origin upon conclusion

of the traineeship; tuition and institu$63.5 How will NIH make awards?

tion fees; and other specific costs as Subject to the regulations of this may be necessary to fulfill the purpose part, the Director may award of the training program. traineeships to those qualified applicants who are best able in that offi

8 63.8 What are the terms and condi. cial's judgment to carry out the pur

tions of awards? pose of the traineeships. These awards All traineeships shall be subject to may be made for a period of one (1) the following terms and conditions: year or other period, including exten- (a) Training must be carried out at a sions or renewals, as may be specified. facility of the NIH, but may be supple

mented by additional training acquired $63.6 How to apply.

at another institution which is found (a) Application for a traineeship shall by the Director to be directly related be made in writing as prescribed by the to the purpose of the traineeship and Director

necessary to its successful completion. (b) In addition to other pertinent in- (b) Payments shall be made to the formation, the Director may require awardee or to the institution for payeach applicant to submit the following ment to the awardee in accordance information:

with payment schedules as prescribed (1) Certification of the applicant's by the Director for each traineeship citizenship status;

program. (2) The applicant's educational back- (c) The awardee shall reimburse NIH ground and other qualifications and ex- for any overpayment of stipends or perience, including previous academic other allowances because of early terand professional degrees, if any; and mination of the traineeship or any

(3) The subject area of the proposed other reason, unless waived for good training.

cause shown by the awardee. (c) By applying, eligible individuals (d) The Director may establish proceagree to abide by HHS, PHS, and NIH dures and requirements applicable to regulations, and the terms and condi- traineeship awards, consistent with the tions of the traineeship award which regulations in this part, regarding: (1) may require compliance with policies The proper conduct of research invesand procedures that apply to the prop- tigations, including research involving er conduct of research, such as human and animal subjects; (2) patient search involving human and animal care; (3) hospital and laboratory procesubjects, patient care, hospital and lab- dures; (4) handling of confidential inoratory procedures, handling of con- formation; (5) outside employment; and fidential information, and outside em- (6) additional conditions the Director ployment.

finds necessary to fulfill the purpose of

the traineeship. $63.7 What are the benefits of awards?

(e) The awardee shall sign an agree(a) Subject to the availability of ment to comply with the terms and funds, each individual awarded conditions of the traineeship. traineeship may receive a stipend fixed in an amount determined by the Direc

$ 63.9 How

may

NIH terminate

awards? (b) Additional allowances and bene- The Director may terminate fits may be authorized by and at the traineeship at any time: discretion of the Director, taking into (a) Upon written request of the account the cost of living and other awardee; or factors such as the requirements of the (b) If it is determined that the awardtraining program and availability of has committed misconduct discretionary funds. Discretionary al- science, is ineligible, or has materially lowances and benefits may include: failed to comply with the terms and

re

a

tor.

a

ee

in

conditions of the award or to carry out the purpose for which the award was made; or

(c) If the awardee is convicted of a felony, or an offense involving any illegal drug or substance, or any offense involving a lack of financial integrity or business honesty; or

(d) Because of programmatic changes or lack of funds. [65 FR 66513, Nov. 6, 2000)

oratory Animal Welfare, NIH, Rockledge Building I, 6705 Rockledge Drive, Suite 1050, MSC 7982, Bethesda, MD 20892–7982; telephone 301–496-7163 (not a toll-free num

ber) to obtain copies of the policy.) [60 FR 10719, Feb. 27, 1995, as amended at 65 FR 66513, Nov. 6, 2000)

PART 630-NATIONAL INSTITUTES OF HEALTH TRAINING GRANTS

Sec. 63a.1 To what programs do these regula

tions apply? 63a.2 Definitions. 63a.3 What is the purpose of training

grants? 63a.4 Who is eligible for a training grant? 63a.5 How to apply for a training grant. 63a.6 How are training grant applications

evaluated? 63a.7 Awards. 63a.8 How long does grant support last? 63a.9 What are the terms and conditions of

awards? 63a.10 How may training grant funds be

spent? 63a.11 Other HHS regulations and policies

that apply. AUTHORITY: 42 U.S.C. 216, 2421(b)(3), 284(b)(1)(C), 287c(b), 300cc-15(a)(1), 300cc41(a)(3)(C), 7403(h)(2).

SOURCE: 61 FR 55111, Oct. 24, 1996, unless otherwise noted.

$63.10 Other HHS regulations and

policies that apply. Several other policies and regulations apply to awards under this part. These include, but are not necessarily limited to: 45 CFR part 46—Protection of human sub

jects. 45 CFR part 76—Governmentwide debarment

and suspension (nonprocurement) and governmentwide requirements for drug-free

workplace (grants). 45 CFR part 80—Nondiscrimination under

programs receiving Federal assistance through the Department of Health and Human Services-effectuation of title VI of

the Civil Rights Act of 1964. 45 CFR part 81—-Practice and procedure for

hearings under part 80 of this title. 45 CFR part 84—Nondiscrimination on the

basis of handicap in programs and activi

ties receiving Federal financial assistance. 45 CFR part 86-Nondiscrimination on the

basis of sex in education programs and activities receiving or benefiting from Fed

eral financial assistance. 45 CFR part 91-Nondiscrimination on the

basis of age in HHS programs or activities

receiving Federal financial assistance. 59 FR 14508 (March 28, 1994)-NIH Guidelines

on the Inclusion of Women and Minorities as Subjects in Clinical Research. (NOTE: Interested persons should contact the Office of Research on Women's Health, NIH, Room 201, Building 1, MSC 0161, Bethesda, MD 20892-0161; telephone 301-402-1770 (not a toll-free number) to obtain copies of this

policy.) 59 FR 34496 (July 5, 1994)NIH Guidelines for

Research Involving Recombinant DNA Molecules. (NOTE: Interested persons should contact the Office of Biotechnology Activities, NIH, Suite 323, 6000 Executive Boulevard, MSC 7010, Bethesda, MD 208927010; telephone 301-496-9838 (not a toll-free

number) to obtain copies of the policy.) **Public Health Service Policy on Humane

Care and Use of Laboratory Animals" (Revised September 1986), Office of Laboratory Animal Welfare, NIH. (NOTE: Interested persons should contact the Office of Lab

863a.1 To what programs do these reg.

ulations apply? (a) The regulations of this part apply to:

(1) Grants awarded by the John E. Fogarty International Center for Advanced Study in the Health Sciences, NIH, for training in international cooperative biomedical research endeavors, as authorized under section 307(b)(3) of the Act;

(2) Grants awarded by NIH for research training with respect to the human diseases, disorders, or other aspects of human health or biomedical research, for which the institute or other awarding component was established, for which fellowship support is not provided under section 487 of the Act and which is not residency training of physicians or other health professionals, authorized by sections 405(b)(1)(C), 485B(b), 2315(a)(1), 2354(a)(3)(C) of the Act; and,

(3) Grants awarded by the National Institute of Environmental Health

as

and

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