revenue (Federal and non-Federal) and a list of proposed project expenditures for the current fiscal year and the succeeding six fiscal years.

(6) Evidence that the applicant has submitted plans for the development of its new school to the appropriate accrediting body recognized by the Commissioner of Education prior to or at the time of filing an application under this subpart.

(7) A description of the tasks necessary to be accomplished in order for the school being developed by the applicant to meet the requirements for issuance of a Letter of Reasonable Assurance by the appropriate accrediting body recognized by the Commissioner of Education.

(8) A detailed timetable for carrying out the activities of the proposed project including development of the project through graduation of the first class.

(9) A description of the plan for collecting, analyzing, and reporting data related to the health care services available to residents in the geographic regions in which the clinical training program of the school will be located.

(10) Assurances satisfactory to the Secretary together with evidence supporting such assurances that:

(i) The receipt of a grant under this subpart will enable the applicant, to accelerate the date on which the school of medicine being developed by the applicant will be able to begin its teaching program, which must be within 24 months of the starting date of the grant award;

(ii) There is a reasonable indication of non-Federal financial resources for development and operation of such school;

(iii) The school of medicine will emphasize training programs in family medicine as provided in § 57.3005(b) of this subpart and will improve access to health care for the residents of the geographic regions in which such training programs are located, as provided in § 57.3005(c) of this subpart; and

(iv) At least 24 students will be enrolled in the first class.

(11) Evidence that the applicable requirements of section 1513(e) of the Act have been met.

§ 57.3005 Project requirements.

A project supported under this subpart must be conducted in accordance with the following requirements:

(a) The project must be carried out in accordance with the approved application.

(b) Each project must have a curriculum which will emphasize training programs in family medicine to include, among other things, (i) a proposed administrative unit devoted to family medicine, such as a Department or Division of Family Medicine, at the graduate and undergraduate levels, and (ii) educational experiences in family medicine as a prerequisite of graduation for every undergraduate student.

(c) Each project must evaluate the access to health care for residents of the geographic region in which the family medicine training programs of the school of medicine will be located and, where necessary, improve their access to such health care.

§ 57.3006 Evaluation and grant award.

(a) Within the limits of funds available for such purpose, the Secretary, after consultation with the Council and the appropriate accrediting body recognized by the Commissioner of Education, may award grants to those applicants whose projects will in his judgment best promote the purposes of section 788(g) of the Act, taking into consideration among other pertinent

factors:

(1) The extent to which area and national health and manpower needs can be met by the development of the proposed school.

(2) The availability and adequacy of the facilities and resources available to

the applicant to carry out the proposed project.

(3) The soundness of the fiscal plan for assuring effective utilization of grant funds.

(4) The adequacy of the new school's proposed administrative and academic structure.

(5) The adequacy of the description of the tasks necessary to be accom

plished by the applicant in order to receive a grant under section 788(a) of the Act.

(6) The adequacy of the applicants proposed plan for meeting the assurances required by § 57.3004(c)(10).

(7) The qualifications of the dean or executive officer charged with the responsibility of developing the proposed school.

(b) The amount of any award will be determined by the Secretary on the basis of his estimate of the sum necessary for all or a designated portion of the direct costs of the project limited to the costs of personnel, supplies and equipment, consultants, and domestic travel of staff and consultants: Provided, That no grant award under this subpart may exceed 50 percent of the total allowable direct costs necessary to accomplish the goals set forth in the application.

(c) All grant awards will be in writing and will set forth the amount of funds granted and the period for which such funds will be available for obligation by the grantee which may not exceed 12 months. A grantee may receive only one grant award under this subpart. A grantee under this subpart may not receive a grant award under section 788(a) of the Act with a project period beginning before the end of the project period of the grant awarded under this subpart.

§ 57.3007 Grant payments.

The Secretary will from time to time make payments to the grantee of all or a portion of any grant award, either by way of reimbursement for expenses incurred in the budget period, or in advance for expenses to be incurred, to the extent he determines such payments necessary to promote initiation and advancement of the approved project.

§ 57.3008 Expenditures of grant funds.

(a) Any funds granted pursuant to this subpart must be expended solely for carrying out the approved project in accordance with section 788(g) 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: Provided, That such

funds may not be expended for sectarian instruction or for any religious purpose.

§ 57.3009 Nondiscrimination.

(a) Attention is called to the requirements of section 704 of the Act and 45 CFR Part 83, which together provide that the Secretary may not make a grant, loan guarantee, or interest subsidy payment under Title VII of the Act to, or for the benefit of, any entity unless the application for the grant, loan guarantee, or interest subsidy payment contains assurances satisfactory to the Secretary that the entity I will not discriminate on the basis of sex in the admission of individuals to its training programs.

(b) Attention is called to the requirements of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and in particular to section 601 of such Act which provides that no person in the United States shall, on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. A regulation implementing such Title VI, which is applicable to grants made under this subpart, has been issued by the Secretary with the approval of the President (45 CFR Part 80).

(c) Attention is called to the requirements of Title IX of the Education Amendments of 1972 and in particular to section 901 of such Act which provides that no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. A regulation implementing such Title IX, which is applicable to grants made under this subpart, has been issued by the Secretary with the approval of the President (45 CFR Part 86).

(d) Attention is called to the requirements of section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participa

tion in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. A regulation implementing such section 504, which is applicable to grants made under this subpart, has been issued by the Secretary (45 CFR Part 84).

(e) Grant funds for alteration or renovation shall be subject to the condition that the grantee shall comply with the requirements of Executive Order 11246, 30 FR 12319 (September 24, 1965) as amended, and with applicable rules, regulations, and procedures prescribed pursuant thereto.

(f) The grantee shall not discriminate on the basis of religion in the admission of individuals to its training programs.

§ 57.3010 Grantee accountability.

(a) Accounting for grant award payments. The grantee must record all payments made by the Secretary in accounting records separate from the records of all other funds, including funds derived from other grant awards. With respect to each approved project the grantee must account for the sum total of all amounts paid by presenting or otherwise making available evidence satisfactory to the Secretary of expenditures for costs meeting the requirements of this subpart.

(b) Accounting for copyright royalties. Royalties received by grantees from copyrights on publications or other works developed under the grant must be accounted for as follows:

(1) Royalties received during the period of grant support may be retained by the grantee and, in accordance with the terms and conditions of the grant, used in either or both of the following ways:

(i) Used by the grantee for any purposes that further the objectives of section 788(g) of the Act.

(ii) Deducted from the total project costs for the purpose of determining the net costs on which the Federal share of costs will be based.

(2) Royalties received after the completion or termination of grant support may be retained by the grantee, unless the terms and conditions of the grant or a specific agreement negotiated between the Secretary and the

grantee provide otherwise, except that any grantee that is a State or local government as defined in 45 CFR 74.3, which receives royalties in excess of $200 a year must return the Federal share of the excess amount (computed by applying the percentage of Federal participation, the cost of the grant supported project to the excess amount) to the Federal Government, unless a specific agreement provides otherwise.

(c) Grant closeout—(1) Date of final accounting. The grantee must render, with respect to each approved project, a full account, as provided herein, as of the date of the termination of grant support. The Secretary may require other special and periodic accounting.

(2) Final settlement. The grantee must pay to the Federal Government as final settlement with respect to each grant under this subpart the total sum of (i) any amount not accounted for pursuant to paragraphs (a) and (b) of this section; and (ii) any other amounts due pursuant to Subparts F, M, and O of 45 CFR Part 74 and the terms and conditions of the grant award. Such total sum constitutes a debt owed by the grantee to the Federal Government and is recoverable from the grantee or its successor or assigns by setoff or other action as provided by law.

§ 57.3011 Publications and copyright.

Except as may otherwise be provided under the terms and conditions of the award, the grantee may copyright without prior approval any publications, films, or similar materials developed or resulting from a project supported by a grant under this subpart, subject to a royalty-free, nonexclusive, and irrevocable license or right in the Government to reproduce, translate, publish, use, disseminate, and dispose of such materials, and to authorize others to do so.

§ 57.3012 Reports.

In addition to such other reports as the Secretary may require, each applicant awarded a grant pursuant to this subpart must submit to the Secretary within four months of the graduation of its new school of medicine's second graduating class, a report concerning the extent to which the family medi

Subpart-Grants to Schools of Public Health for Public Health Training

AUTHORITY: Sec. 215, 58 Stat. 690, as amended; 42 U.S.C. 216; sec. 314, 58 Stat. 694 as amended by 72 Stat. 399; 42 U.S.C. 246.

SOURCE: 24 FR 1649, Mar. 5, 1959; 31 FR 4402, Mar. 15, 1966, unless otherwise noted.

§ 58.1 Definition.

As used in this part, the following terms shall have the meaning indicated herein below:

(a) "Schools of public health” mean those public or nonprofit schools in the United States or its territories or possessions accredited for the degree of Master of Public Health by a body or bodies recognized by the Secretary. The American Public Health Association is a body so recognized.

(b) "Federally sponsored student" means a full-time student attending a school of public health whose tuition is paid in whole or in part from Federal funds (1) by the Federal Government, (2) by the student or (3) by the school, for the express purpose of defraying the cost of his tuition in the school of public health, but does not include students receiving payments for education and training from the Veterans Administration under Pub. L. 550 of the 80th Congress or any amendments thereto. For the purpose of computing the number of full-time students a school of public health may include the full-time equivalents of students attending for less then the entire academic year.

(c) "Attending a school of public health" means (1) enrollment in such school or (2) enrollment in the university in which such school is a part while engaged in a full-time program of public health training planned and supervised by the school of public health.

(d) "Act" means the Public Health Service Act as amended (58 Stat. 693, 42 U.S.C. 201).

(e) "Secretary" means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and

Welfare to whom the authority involved has been delegated.

[24 FR 1649, Mar. 5, 1959, as amended at 31 FR 4402, Mar. 15, 1966; 39 FR 17762, May 20, 1974]

§ 58.2 Allocations, time of making and duration.

(a) The Secretary shall award a grant under this part in accordance with the allocation set forth in § 58.3, to each school of public health whose application is found by the Secretary to meet the requirements of section 309(c) of the Act and the regulations in this part.

(b) Funds awarded under this part may be expended by the school at any time before the end of the 24 month period specified in the grant award document.

[39 FR 17762, May 20, 1974]

§ 58.3 Basis of allocations.

Two-thirds of the funds made available pursuant to section 309(c) of the Act for any fiscal year shall be allocated among the schools of public health in the same proportion that the average number of Federally sponsored students in each school of public health during the last three fiscal years for which data are available bears to the average total number of Federally sponsored students in all schools of public health for that same period. The remaining one-third of such appropriated funds shall be allocated equally among all schools of public health in recognition of the fact that there are essential basic costs in the provision of public health training that do not vary in direct proportion to the number of federally sponsored students.

[26 FR 4946, June 3, 1961, as amended at 39 FR 17762, May 20, 1974]

§ 58.5 Expenditure of grants.

(a) The amount of Federal grants under this part shall be expended solely for the purposes specified in the approved application (except that funds may be transferred between budget categories without budget revision) and in accordance with the regulations in this part. Any amount not so

expended shall be repaid to the U.S. Government.

(b) Grants paid under this part may be used for salaries and necessary travel expenses of the full-time faculty and staff of the school of public health; for the salary and travel expenses of part-time faculty, consultants, special lecturers, and instructors while providing services for schools of public health; and for costs of operation and maintenance (including expendable supplies) and equipment for the training program in the school of public health. Such funds may not be used for costs of construction (except for minor renovations and repairs), international travel, or for stipends, tuition, fees, or travel expenses of students.

§ 58.6 Payments.

Payments from grants to a school of public health shall be made only after an application therefor has been submitted and approved in accordance with § 58.2.

[39 FR 17762, May 20, 1974]

§ 58.7 Accounts.

Each grantee shall provide such accounting, budgeting, and other fiscal methods and procedures including property controls necessary for the proper and efficient administration of funds granted under this part.

§ 58.8 Reports.

Each grantee shall at such times and in such form as the Secretary may prescribe, make such reports pertinent to the carrying out of its approved application and to the purposes for which the grant is made available as may be required by the Secretary. [39 FR 17762, May 20, 1974]

§ 58.9 Audit.

Audit of the fiscal and other records of the institution that relate to the grant may be made by representatives of the Public Health Service. Records, documents and information available to the school pertinent to the audit shall be accessible for purpose of the audit and shall be retained by the school until completion of the fiscal