Grants for Construction of Teaching Facilities, Educational Improvements, Scholarships, and Student Loans and Grants for Training of Public Health and Allied Health Personnel

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

42 CFR Parts 57 and 58

RIN: 0906-AA38

Grants for Construction of Teaching Facilities, Educational

Improvements, Scholarships, and Student Loans and Grants for Training

of Public Health and Allied Health Personnel

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Final regulation.

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SUMMARY: This final rule revises existing regulations which govern

various Public Health Service (PHS) health professions, nursing, and

allied health training grant, scholarship, traineeship, and loan

programs. The affected regulations are amended primarily by the Health

Professions Extension Amendments of 1992 which: Renumbered the various

PHS Act section numbers and their corresponding United States Code

numbers; repealed the authority for the National Advisory Council on

Health Professions Education; and repealed and eliminated various title

VII and VIII health professions, nursing, and allied health training

grant and traineeship programs. Some of the currently codified

regulations no longer reflect the current provisions of the statute and

are not modifiable as such and, therefore, are also being removed from

the Code of Federal Regulations (CFR). The definition of ``State'' is

being revised in each of the program regulations in accordance with the

1994 Compact of Free Association with [the Republic of] Palau. Other

changes for consistency are made to the regulations and are technical

or clarifying in nature.

EFFECTIVE DATE: These regulations are effective February 16, 1996.

FOR FURTHER INFORMATION CONTACT: Betty B. Hambleton, Chief, Planning,

Evaluation, and Legislation Branch, Office of Research and Planning,

Bureau of Health Professions, Health Resources and Services

Administration, room 8-67, Parklawn Building, 5600 Fishers Lane,

Rockville, Maryland 20857; telephone: (301) 443-1590.

SUPPLEMENTARY INFORMATION: This final rule amends various Public Health

Service (PHS) health professions, nursing, and allied health training

grant, traineeship, scholarship, and student loan program regulations

under title 42, parts 57 and 58 to bring these programs into conformity

with statutory amendments made to the various sections of the PHS Act

under titles VII and VIII. The following ministerial and technical

changes are being made to the various titles VII and VIII programs:

(1) The Health Professions Extension Amendments of 1992, Pub. L.

102-408, reorganized and renumbered the sections in the Public Health

Service (PHS) Act and their corresponding United States Code numbers.

Technical changes affecting the various programs under titles VII and

VIII are being made to revise the PHS section numbers in the

regulations (see part 57, subparts C, H, I, L, Q, S, V, CC, DD, EE, FF;

part 58, subparts C, and D);

(2) The reference to former sections 799A and 845 of the PHS Act

(referenced in each of our regulatory sections entitled, ``What

additional Department regulations apply to grantees?'') codified under

45 CFR part 83 is being revised to read ``section 794'' and ``section

855'' of the PHS Act. The footnote to the citation ``45 CFR part 83''

is being deleted (see part 57, subparts C, D, F, H, L, Q, R, S, V, Y,

Y, Z, CC, DD, EE, FF, OO, and PP; and part 58, subparts C and D).

Former section 799A, 42 U.S.C. 295h-9, ``Discrimination on Basis of Sex

Prohibited'' was redesignated as section 704 by Pub. L. 94-484 and was

renumbered as section 794 (42 U.S.C. 295m) by Pub. L. 102-408. Former

section 845 was redesignated as section 855 (42 U.S.C. 298b-2),

``Prohibition Against Discrimination by Schools on the Basis of Sex''

by Pub. L. 94-63;

(3) Pub. L. 102-408 amended title VII programs by repealing the

National Advisory Council on Health Professions Education effective

October 1, 1992. Therefore, in accordance with the repealing of this

National Advisory Council, as it affects the evaluation and

recommendation process of awarding grant applications, the Department

is removing the definition of ``Council'' and the reference to the

National Advisory Council on Health Professions Education in the

various programs to reflect current statutory language under section

798(a)(2)(A) of the PHS Act (see part 57, subparts H, L, Q, S, V, EE,

and FF);

(4) Section 212 of Pub. L. 102-408 amended section 851 of the PHS

Act by revising the title of the National Advisory Council on Nurse

Training to read ``National Advisory Council on Nurse Education and

Practice''. Therefore, the Department is revising the reference to the

Advisory Council's name in the following nursing programs: part 57,

subparts Y and Z;

(5) Pub. L. 101-219, the 1994 Compact of Free Association with [the

Republic of] Palau, ended the United States' responsibility for Palau

under the Trusteeship Agreement (the Trust Territories of the Pacific

Islands). The reference to the ``Trust Territories of the Pacific

Islands'' in the definition of ``State'' is removed (see part 57,

subparts C, D, F, H, L, Q, R, S, V, Y, Z, CC, DD, EE, FF, OO, and PP;

and part 58, subparts C, and D); the reference to ``Trust Territories

of the Pacific Islands (TTPI)'' in the program regulations (regarding

eligibility in relation to a resident, citizen, or national of the

United States) is removed (see part 57, subparts C, D, F, S, CC, and

DD; part 58, subpart D). The reference to Palau is now stated as ``the

Republic of Palau''.

(6) The reference to former section 705 of the PHS Act (now

renumbered as section 798(e)) concerning audit and inspection

requirements is being removed. The reference to section 705 is

redundant to the requirements that are already covered under 45 CFR

part 74--Administration of Grants, which is referenced in each training

grant regulatory section entitled, ``What other audit and inspection

requirements apply to grantees?'' (see part 57, subparts H, L, Q, S, V,

CC, DD, EE, FF, and OO; and part 58, subparts C & D);

(7) Additionally, the parenthetical phrase citing the OMB approval

number ``0915-0060'' regarding information collection requirements at

the end of each regulatory section entitled, ``What other audit and

inspection requirements apply to grantees?'', is no longer necessary

and is also being removed (see part 57, subparts H, L, Q, S, V, EE, and

FF, and OO);

(8) The preamble also includes discussions on those subparts under

parts 57 and 58 that are no longer viable programs (see part 57,

subparts T, AA, HH, and NN; and part 58, subparts A, B, E, and F). Some

of these regulations no longer reflect the current provisions of the

statute and are not modifiable as such, or their legislative

authorities have expired or were eliminated or repealed by Pub. L. 102-

408. Therefore, the above subparts are being removed and placed in

reserve status in the CFR.

Additional revisions to the following programs, implemented by the

Health Resources and Services Administration, Bureau of Health

Professions, codified

[[Page 6119]]

at 42 CFR parts 57 and 58, are discussed below according to the

subparts, section numbers, and headings affected.

Subpart C--Health Professions Student Loans

This final rule amends Part 57, subpart C governing the Health

Professions Student Loan program under sections 721-735 of the PHS Act

to:

1. Revise Sec. 57.202, entitled ``Definitions.'', by revising the

definitions of ``Health professions school or school'' and ``State'' to

reflect current Department policy language for consistency in title 42,

part 57 and part 58 definitions.

2. Revise Sec. 57.205, entitled ``Health professions student loan

funds.'', by adding a parenthetical phrase at the end of the section

citing the current OMB control number.

3. Revise Sec. 57.206, entitled ``Eligibility and selection of

health professions student loan applicants.'', by removing paragraph

(a)(2) regarding the repayment of loans by service obligation in a

health professions shortage area. (The provisions in former section

741(f) were eliminated by Pub. L. 102-408.) Paragraph (a)(3) is

redesignated as (a)(2).

4. Revise Sec. 57.210, entitled ``Repayment and collection of

health professions student loans'', by revising the parenthetical

phrase at the end of the section providing the current OMB control

number; and by removing the phrase ``or cancellation or repayment under

section 741(f) of the Act'' in paragraph (b)(2)(i), in accordance with

Pub. L. 102-408 which eliminated the HPSL loan repayment by service

obligation authority.

5. Remove and reserve in the CFR Sec. 57.212, entitled ``Repayment

or cancellation of loans for practice in a health professional shortage

area.'', in accordance with Pub. L. 102-408 which eliminated the HPSL

loan repayment by service obligation authority. Succeeding section

numbers under this subpart (Secs. 57.213--57.218) will not be

redesignated but remain the same.

Subpart S--Educational Assistance to Individuals From Disadvantaged

Backgrounds

This final rule amends Part 57, subpart S governing the Educational

Assistance to Individuals from Disadvantaged Backgrounds program under

section 740 of the PHS Act to revise paragraph (b) in Sec. 57.1804,

entitled ``Who is eligible for educational assistance?''. Paragraph (b)

indicates a requirement for eligibility that individuals must ``have

completed at least the junior year of high school (or its

equivalent)''. The Department is adding the words ``except in the case

of Model Demonstration programs'' at the end of the sentence to provide

flexibility for the Department to administer a limited number of awards

to test the feasibility or viability of a Model Demonstration program

permitting students prior to the junior year to receive assistance

under these programs.

Subpart T--Nursing Special Project Grants

Section 820 of the PHS Act, 42 U.S.C. 296k, as it was in effect for

Nursing Special Project Grants, was amended by Pub. L. 102-408, the

Health Professions Extension Amendments of 1992, to substitute for the

existing authority a new four-part authority and revised former project

purposes, eligibility provisions, and other requirements. The

Department is, therefore, removing from title 42, part 57 of the Code

of Federal Regulations this program under subpart T, consisting of

Secs. 57.1901 through 57.1910, and placing it in reserve status.

Subpart Z--Grants for the Advanced Nurse Education Programs

This final rule amends Part 57, subpart Z governing the Grants for

Advanced Nurse Education Programs under section 821 of the PHS Act to:

1. Revise Sec. 57.2501, entitled ``Applicability.'', by revising

the phrase ``expand'' in (b) to read ``significantly expand existing

programs'' and removing the phrase ``maintain programs'' in (c) in

accordance with the amendments in Pub. L. 102-408. This section is

further revised to remove two types of nurse specialties that can

obtain support under this authority in accordance with Pub. L. 102-408.

The two types of specialties that are being removed are nurse

administrators and nurse researchers.

2. Revise Sec. 57.2503, entitled ``Eligibility.'', by revising

paragraph (b)(2) to indicate that a grant would meet the cost for a

project to ``significantly'' expand an advanced nurse education program

through the indicated activities listed. Paragraph (b)(3), that

indicates that a grant would meet the cost for a project to

``maintain'' an advanced nurse education program, is being removed in

accordance with Pub. L. 102-408.

3. Revise Sec. 57.2504, entitled ``Application.'', by revising

paragraph (c)(1) to state the current statutory language for grants to

contain a proposal for a project to: (i) Plan, develop, and operate new

programs, or (ii) significantly expand an advanced nurse education

program. Former paragraph (c)(1)(iii) is removed and paragraph (d) is

revised to reflect the current statutory language.

4. Revise Sec. 57.2506, entitled ``Evaluation and grant awards.'',

by removing the reference to the funding priority for educational

programs in geriatric and gerontological nursing. Pub. L. 102-408

repealed the funding priority.

Subpart AA--Grants for Nurse Practitioner and Nurse Midwifery

Traineeship Programs

Section 822(b) of the PHS Act, 42 U.S.C. 296m, as it was in effect

for Grants for Nurse Practitioner and Nurse Midwifery Traineeship

Programs for service-conditional nurse practitioner and nurse midwifery

traineeships was eliminated by section 204 of Public Law 102-408, the

Health Professions Extension Amendments of 1992 (106 Stat. 2072). The

Department is, therefore, removing from title 42, part 57 of the Code

of Federal Regulations this program under subpart AA, consisting of

Secs. 57.2601 through 57.2617, and placing it in reserve status.

Subpart DD--Financial Assistance for Disadvantaged Health Professions

Students

This final rule amends Part 57, subpart DD governing the program

for Financial Assistance for Disadvantaged Health Professions Students

under section 740 of the PHS Act to:

1. Revise Sec. 57.2904, entitled ``Eligibility and selection of aid

recipients.'', by revising the parenthetical phrase at the end of the

section providing the current OMB control number.

2. Revise Sec. 57.2909, entitled ``What other records, audit, and

inspection requirements apply to schools?'', by revising the

parenthetical phrase at the end of the section providing the current

OMB control number.

Subpart HH--Programs for the Training of Expanded Function Dental

Auxiliaries

Section 2740(c)(1) of Pub. L. 97-35, the Omnibus Budget

Reconciliation Act of 1981, 95 Stat. 922, amended section 783(a) of the

PHS Act to authorize provisions only for physician assistant training.

Concurrently, section 2744 of Pub. L. 97-35 (95 Stat. 924) restructured

the provisions in section 783(a)(2) for Grants for Programs for the

Training of Expanded Functional Dental Auxiliaries and the provisions

were subsumed under the authority of redesignated section 788(b), as it

was in effect for Conversion and Curriculum Grants for Various Health

Professions, 42 U.S.C. 295g-8. Subsequently, the provisions

[[Page 6120]]

under section 788(b) were amended by Pub. L. 99-129, the Health

Professions Training Assistance Act of 1985, to provide for more broad

provisions in health promotion and disease prevention, various

curriculum development training, and health professions initiatives.

Pub. L. 102-408, the Health Professions Education Extension

Amendments of 1992, repealed several existing definitions under former

section 701 of the PHS Act (now renumbered as section 799), including

the definition for ``program for the training of expanded function

dental auxiliaries'', as being no longer needed for administration of

title VII programs. The Department is, therefore, removing from title

42, part 57 of the Code of Federal Regulations this program under

subpart HH, consisting of Secs. 57.3301 through 57.3303, and placing it

in reserve status.

Subpart NN--Various Health Professions Projects (Model Education)

Pub. L. 102-408 repealed section 788(b) of the PHS Act, the

authority as it was in effect for grants or contracts for the

development and implementation of model projects in areas such as

faculty and curriculum development, and development of new clinical

training sites. The Department is, therefore, removing from title 42,

part 57 of the Code of Federal Regulations this program under subpart

NN, consisting of Secs. 57.3901 through 57.3910, and placing it in

reserve status.

Part 58--Grants for Training of Public Health and Allied Health

Personnel

Subpart A--Grants to Graduate Programs in Health Administration

Section 791 of the PHS Act, 42 U.S.C. 295h, as it was in effect for

Grants to Graduate Programs in Health Administration for institutional

grants to graduate programs in health administration was repealed by

Pub. L. 102-408, the Health Professions Extension Amendments of 1992.

The Department is, therefore, removing from title 42, part 58 of the

Code of Federal Regulations this program under subpart A, consisting of

Secs. 58.1 through 58.11, and placing it in reserve status.

Subpart B--Special Project Grants for Graduate Programs in Public

Health

Section 788(b) of the PHS Act, 42 U.S.C. 295g-8, as it was in

effect for Special Project Grants for Graduate Programs in Public

Health was repealed by section 2744 of Public Law 97-35, the Omnibus

Budget Reconciliation Act of 1981 (95 Stat. 923). The Department is,

therefore, removing from title 42, part 58 of the Code of Federal

Regulations this program under subpart B, consisting of Secs. 58.20

through 58.29, and placing it in reserve status.

Subpart C--Grants for Public Health Traineeships for Students in

Schools of Public Health and in Other Graduate Public Health Programs

This final rule amends Part 58, subpart C governing the Grants for

Public Health Traineeships for Students in Schools of Public Health and

in Other Graduate Public Health Programs under section 761 of the PHS

Act to:

1. Revise Sec. 58.202, entitled ``Definitions.'', to amend the

definitions of ``Educational entity'', ``Nonprofit'', and ``State'' to

reflect current Department policy language for consistency in title 42,

part 57 and part 58 definitions.

2. Revise Sec. 58.205, entitled ``How is the amount of the award

determined?'', to:

(a) Remove paragraph (a)(1) to reflect current Department policy

language for consistency in title 42 CFR part 58 regulations; and

(b) Redesignate paragraph (a)(2) as paragraph (a) and revise the

eligibility element in the formula for the distribution of funds as

follows: The proportion of eligible full-time and full-time equivalent

graduate students of each applicant enrolled in severe shortage

occupations targeted for support (epidemiology, environmental health,

biostatistics, toxicology, public health nutrition, and maternal and

child health) to the total full-time and full-time equivalent

enrollment of students in these fields of all applicants having

approved applications. Modifications in the formula are the result of

statutory changes in Pub. L. 102-408. The number of full-time

equivalent students means the number of part-time students converted to

full-time by dividing the total number of credit hours in which part-

time students are enrolled by nine.

Subsequently, Pub. L. 103-43, the National Institutes of Health

Revitalization Act of 1993, enacted June 10, 1993 (107 Stat. 217) added

``maternal and child health'' as a severe shortage health professions

field eligible for support.

3. Revise Sec. 58.208, entitled ``What are the requirements for

traineeships and the appointment of trainees?'', to:

(a) Remove the words ``traineeships and the'' in the heading and

remove paragraphs (a) through (e), in accordance with Pub. L. 102-408

which eliminated requirements for traineeships (paragraphs (f) through

(i) are redesignated as paragraphs (a) through (d)); and

(b) Add the current OMB control number for information collections

at the end of the section.

4. Revise in its entirety Sec. 58.209, entitled ``Who is eligible

for financial assistance as a trainee?'', to reflect the change in

eligibility criteria in accordance with Pub. L. 102-408. The changes in

criteria were announced in the Federal Register by proposed notice on

April 13, 1993. A comment period of 30 days was established to allow

public comment concerning the proposed review criteria. No comments

were received. A final notice was published June 11, 1993. Further,

Pub. L. 103-43, added the health professions field of ``maternal and

child health'' to the list of fields in which there is a severe

shortage of health professionals.

5. Revise Sec. 58.213, entitled ``What additional Department

regulations apply to grantees?'', to add a new CFR citation to bring

this program into compliance with governmentwide requirements

established for this Department under 45 CFR part 93, in accordance

with Pub. L. 101-121, section 319, the Department of the Interior and

Related Agencies Appropriations Act for Fiscal Year 1990, enacted on

October 23, 1989, and an Interim-Final Rule, published in the Federal

Register on February 26, 1990 (55 FR 6736). This CFR citation is cited

in the amendatory language as ``45 CFR part 93--New restrictions on

lobbying''.

Subpart D--Grants for Traineeships in Health Administration, Hospital

Administration, or Health Policy Analysis and Planning at Public or

Nonprofit Private Educational Institutions Other Than Schools of Public

Health

This final rule amends Part 58, subpart D governing the Grants for

Traineeships in Health Administration, Hospital Administration, or

Health Policy Analysis and Planning at Public or Nonprofit Private

Educational Institutions Other than Schools of Public Health under

section 771 of the PHS Act to:

1. Revise the heading of Subpart D to read ``Grants for Health

Administration Traineeships and Special Projects Program'', in

accordance with Pub. L. 102-408.

2. Revise Sec. 58.222, entitled ``Definitions.'', to amend the

definitions of ``Nonprofit'' and ``State'' to reflect current

Department policy language for consistency in title 42, part 57 and

part 58 definitions.

3. Revise Sec. 58.224, entitled ``How will applications be

evaluated?'', to reflect current Department policy language for

[[Page 6121]]

consistency in 42 CFR part 57 and part 58 regulations and add the

statutory criteria for the review of applications.

4. Remove Sec. 58.228, entitled ``What are the requirements for

traineeships and the appointment of trainees?'', in its entirety. Pub.

L. 102-408 eliminated the traineeship requirements.

5. Redesignate Sec. 58.229, entitled ``Who is eligible for

financial assistance as a trainee?'', as Sec. 58.228 and revise

paragraph (a) concerning an eligible individual's citizenship status,

the Immigration and Naturalization Service policy as it relates to the

admission into the United States, its territories and possessions, to

reflect current Department policy language for consistency in title 42,

part 57 and part 58 regulations.

6. Redesignate Sec. 58.230, entitled ``What financial support is

available to trainees?'', as Sec. 58.229.

7. Redesignate Sec. 58.231, entitled ``Duration of traineeships.''

as Sec. 58.230.

8. Redesignate Sec. 58.232, entitled ``Termination of

traineeships.'', as Sec. 58.231.

9. Redesignate Sec. 58.233, entitled ``What additional Department

regulations apply to grantees?'' as Sec. 58.232 and revise it to add a

new CFR citation to bring this program into compliance with

governmentwide requirements established for this Department under 45

CFR part 93, in accordance with Pub. L. 101-121, section 319, the

Department of the Interior and Related Agencies Appropriations Act for

Fiscal Year 1990, enacted on October 23, 1989, and an Interim-Final

Rule, published in the Federal Register on February 26, 1990 (55 FR

6736). This CFR citation is cited in the amendatory language as ``45

CFR part 93--New restrictions on lobbying''.

10. Redesignate Sec. 58.234, entitled ``What other audit and

inspection requirements apply to grantees?'' as Sec. 58.233, remove the

legislative authority citations in parenthesis at the end of the

section, and revise the section text to reflect Department policy

concerning audit and inspection.

11. Redesignate Sec. 58.235, entitled ``Additional conditions.'' as

Sec. 58.234.

Subpart E--Grants for Allied Health Projects

The authority for section 796(a) of the PHS Act, 42 U.S.C. 295h-5,

as it was in effect for Grants for Allied Health Projects was not

extended by Pub. L. 97-35, the Omnibus Budget Reconciliation Act of

1981 (special projects relating to the training of allied health

personnel was modified under former section 788(b), subpart NN). Pub.

L. 100-607, the Health Professions Reauthorization Act of 1988

reinstated a section 797 for Allied Health Projects, but under

different provisions. Because the current regulatory provisions and

authority under former section 796(a) is not modifiable to the current

section 797 provisions, the Department is removing from title 42, part

58 of the Code of Federal Regulations this program under subpart E,

consisting of Secs. 58.401 through 58.414, and placing it in reserve

status.

Subpart F--Grants for Traineeships for the Advanced Training of Allied

Health Personnel

The authority for section 797 of the PHS Act, 42 U.S.C. 295h-6, as

it was in effect for Grants for Traineeships for the Advanced Training

of Allied Health Personnel was not extended by Pub. L. 97-35, the

Omnibus Budget Reconciliation Act of 1981. The provisions were modified

under former section 788(b), subpart NN. Pub. L. 100-607, the Health

Professions Reauthorization Act of 1988 reinstated a section 797 for

Allied Health Traineeships, but under different provisions. Because the

current regulatory provisions and authority under former section 797 is

not modifiable to the current section 797 provisions, the Department is

removing from title 42, part 58 of the Code of Federal Regulations this

program under subpart F, consisting of Secs. 58.501 through 58.515, and

placing it in reserve status.

Further, PHS strongly encourages all grant recipients to provide a

smoke-free workplace and promote the non-use of all tobacco products,

and Pub. L. 103-227, the Pro-Children Act of 1994, prohibits smoking in

certain facilities that receive Federal funds in which education,

library, day care, health care, and early childhood development

services are provided to children.

Justification for Omitting Notice of Proposed Rulemaking

Since these amendments are of a technical nature, the Secretary has

determined, pursuant to 5 U.S.C. 553 and departmental policy, that it

is unnecessary and impractical to follow proposed rulemaking procedures

or to delay the effective date of these regulations.

Economic Impact

Executive Order 12866 requires that all regulations reflect

consideration of alternatives, of costs, of benefits, of incentives, of

equity, and of available information. Regulations must meet certain

standards, such as avoiding unnecessary burden. Regulations which are

``significant'' because of cost, adverse effects on the economy,

inconsistency with other agency actions, effects on the budget, or

novel legal or policy issues, require special analysis.

The Department believes that the resources required to implement

the requirement in these regulations are minimal. Therefore, in

accordance with the Regulatory Flexibility Act of 1980, the Secretary

certifies that these regulations will not have a significant impact on

a substantial number of small entities. For the same reasons, the

Secretary has also determined that this is not a ``significant'' rule

under Executive Order 12866.

Paperwork Reduction Act of 1980

The following list of subparts in this final rule contains

information collection language which have been approved by the Office

of Management and Budget under the Paperwork Reduction Act of 1980 and

have been assigned control numbers for each affected section as listed

below under each subpart.

------------------------------------------------------------------------

OMB control

Section No. No.

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Part 57

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Subpart C--Health Professions Student Loan Program:

Sec. 57.205........................................ 0915-0047

Sec. 57.206........................................ 0915-0047

Sec. 57.208........................................ 0915-0047

Sec. 57.210........................................ 0915-0047

Sec. 57.211........................................ 0915-0047

Sec. 57.215........................................ 0915-0047

Sec. 57.216a....................................... 0915-0047

[[Page 6122]]

Subpart D--Nursing Student Loan Program:

Sec. 57.305........................................ 0915-0047

Sec. 57.306........................................ 0915-0047

Sec. 57.308........................................ 0915-0047

Sec. 57.310........................................ 0915-0047

Sec. 57.311........................................ 0915-0047

Sec. 57.312........................................ 0915-0047

Sec. 57.315........................................ 0915-0047

Sec. 57.316a....................................... 0915-0047

Subpart F--Grants for Nurse Anesthetist Traineeships:

Sec. 57.509........................................ 0915-0060

Sec. 57.510........................................ 0915-0060

Sec. 57.512........................................ 0915-0060

Subpart H--Grants for Physician Assistant Training

Programs:

Sec. 57.704........................................ 0915-0060

Sec. 57.705........................................ 0915-0060

Subpart L--Grants for Residency Training and Advanced

Education in the General Practice of Dentistry:

Sec. 57.1104....................................... 0915-0060

Subpart Y--Grants for Nurse Practitioner and Nurse

Midwifery Programs:

Sec. 57.2404....................................... 0915-0060

Sec. 57.2405....................................... 0915-0060

Subpart Z--Grants for Advanced Nurse Education Programs:

Sec. 57.2504....................................... 0915-0060

Subpart CC--Scholarships for Students of Exceptional

Financial Need (EFN):

Sec. 57.2803....................................... 0915-0028

Sec. 57.2804....................................... 0915-0028

Sec. 57.2809....................................... 0915-0028

Subpart DD--Financial Assistance for Disadvantaged

Health Professions Students (FADHPS):

Sec. 57.2904....................................... 0915-0028

Sec. 57.2909....................................... 0915-0028

Subpart EE--Grants for Residency Training and Faculty

Development in General Internal Medicine and/or General

Pediatrics:

Sec. 57.3003....................................... 0915-0060

Sec. 57.3004....................................... 0915-0060

Sec. 57.3007....................................... 0915-0060

Subpart FF--Grants for Residency Training and Faculty

Development in General Internal Medicine and/or General

Pediatrics:

Sec. 57.3104....................................... 0915-0060

Subpart PP--Grants for Faculty Training Projects in

Geriatric Medicine and Dentistry:

Sec. 57.4103....................................... 0915-0060

Sec. 57.4110....................................... 0915-0060

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Part 58

------------------------------------------------------------------------

Subpart C--Grants for Public Health Traineeships for

Students in Schools of Public Health and in Other

Graduate Public Health Programs:

Sec. 58.208........................................ 0915-0060

Subpart D--Grants for Health Administration Traineeships

and Special Projects Program:

Sec. 58.224........................................ 0915-0060

------------------------------------------------------------------------

List of Subjects in 42 CFR Parts 57 and 58

Aged, Dental health, Education of the disadvantaged, Educational

facilities, Educational study programs, Grant programs--education,

Grant programs--health, Health facilities, Health professions, Loan

programs, Medical and dental schools, Student aid, Reporting and

recordkeeping requirements, Scholarships and fellowships, Public

health.

Dated: November 2, 1995.

Ciro V. Sumaya,

Administrator, Health Resources and Services Administration.

Approved: February 6, 1996.

Donna E. Shalala,

Secretary.

Accordingly, section 215 of the Public Health Service Act, 58 Stat.

690, 67 Stat. 631 (42 U.S.C. 216), 42 CFR parts 57 and 58 are amended

as set forth below:

PART 57--GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES,

EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS

Subpart C--Health Professions Student Loans

1. The authority for subpart C is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended, 63 Stat. 35 (42 U.S.C. 216); secs. 740-747 of the

Public Health Service Act, 77 Stat. 170-173, as amended, 90 Stat.

2266-2268, 91 Stat. 390-391, 95 Stat. 920, 99 Stat. 532-536, and 102

Stat. 3125 (42 U.S.C. 294m-q); renumbered as secs. 721-735, as

amended by Pub. L. 102-408, 106 Stat. 2011-2022 (42 U.S.C. 292q--

292y).

[[Page 6123]]

2. Section 57.202 is amended by revising section number ``741(b)''

in the definition of Full-time student to read ``722(b)''; and by

revising the definitions of Health professions school or school and

State to read as follows:

Sec. 57.202 Definitions.

* * * * *

Health professions school or school, for purposes of this subpart,

means a public or private nonprofit school of medicine, school of

dentistry, school of osteopathic medicine, school of pharmacy, school

of podiatric medicine, school of optometry, or school of veterinary

medicine as defined in section 799(1)(A) of the Act.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

Sec. 57.203 [Amended]

3. Section 57.203 is amended by revising section number ``740'' in

paragraph (c) to read ``721''.

4. Section 57.205 is amended by revising section number ``743'' in

paragraph (a)(1)(ii) to read ``728''; and by adding the OMB information

collections control number at the end of the section to read as

follows:

Sec. 57.205 Health professions student loan funds.

* * * * *

(Approved by the Office of Management and Budget under control

number 0915-0047)

5. Section 57.206 is amended by removing paragraph (a)(2) and

redesignating paragraph (a)(3) as paragraph (a)(2); and by revising

paragraph (a)(1)(i) to read as follows:

Sec. 57.206 Eligibility and selection of health professions student

loan applicants.

(a) * * *

(1) * * *

(i) Residents of the United States and either a citizen or national

of the United States, an alien lawfully admitted for permanent

residence in the United States, a citizen of the Commonwealth of the

Northern Mariana Islands, a citizen of the Republic of Palau, a citizen

of the Republic of the Marshall Islands, or a citizen of the Federated

States of Micronesia;

* * * * *

6. Section 57.210 is amended by revising section number ``741(c)''

in paragraph (b)(2)(ii) to read ``722(c)''; by revising the first

sentence in paragraph (b)(2)(i); and by revising the parenthetical

phrase at the end of the section to read as follows:

Sec. 57.210 Repayment and collection of health professions student

loans.

* * * * *

(b) * * *

(2) Late change. (i) For any health professions student loan made

after June 30, 1969, but prior to October 22, 1985, the school may fix

a charge for failure of the borrower to pay all or any part of an

installment when it is due and, in the case of a borrower who is

entitled to deferment under section 722(c) of the Act for any failure

to file timely and satisfactory evidence of the entitlement. * * *

* * * * *

(Approved by the Office of Management and Budget under control

number 0915-0047)

Sec. 57.211 [Amended]

7. Section 57.211 is amended by revising section number ``741(d)''

in paragraph (a) and (b) to read ``722(d)''.

Sec. 57.212 [Removed and Reserved]

8. Section 57.212 is removed and reserved.

Sec. 57.213 [Amended]

9. Section 57.213a is amended by revising section number ``743'' in

paragraph (a)(2) to read ``728''.

Sec. 57.214 [Amended]

10. Section 57.214 is amended by revising section number 74l(1)''

in the introductory text to read ``722(k)''.

Sec. 57.215 [Amended]

11. Section 57.215 is amended by revising section number ``705'' in

paragraph (a)(3) to read ``798(e)''.

Sec. 57.216 [Amended]

12. Section 57.216 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

Subpart D--Nursing Student Loans

1. The authority citation for subpart D is revised to read as

follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, 67 Stat. 631 (42 U.S.C. 216); secs. 835-842 of the Public

Health Service Act, 77 Stat. 913-916, as amended by 99 Stat. 397-

400, 536-537, and 102 Stat. 3160-3161 (42 U.S.C. 297 a-i).

2. Section 57.302 is amended by revising the definition of State to

read as follows:

Sec. 57.302 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

3. Section 57.305 is amended by adding the OMB information

collections control number at the end of the section to read:

Sec. 57.305 Nursing student loan funds.

* * * * *

(Approved by the Office of Management and Budget under control

number 0915-0047)

4. Section 57.306 is amended by revising paragraph (a)(1)(i) to

read as follows:

Sec. 57.306 Eligibility and selection of nursing student loan

applicants.

(a) * * *

(1) * * *

(i) Residents of the United States and either a citizen or national

of the United States, an alien lawfully admitted for permanent

residence in the United States, a citizen of the Commonwealth of the

Northern Mariana Islands, a citizen of the Republic of Palau, a citizen

of the Republic of the Marshall Islands, or a citizen of the Federated

States of Micronesia;

* * * * *

Sec. 57.310 [Amended]

5. Section 57.310 is amended by revising the Office of Management

and Budget control number ``0915-0094'' in the parenthetical phrase at

the end of the section to read ``0915-0047''.

Sec. 57.312 [Amended]

6. Section 57.312 is amended by revising section number

``836(h)(1)(A)'' in paragraph (a)(1) to read ``846(a)(1)''.

Sec. 57.313 [Amended]

7. Section 57.313 is amended by revising section number ``836(i)''

in paragraph (b) to read ``836(h)''.

Sec. 57.314 [Amended]

8. Section 57.314 is amended by revising section number ``836(j)''

in the introductory text to read ``836(i)''.

Sec. 57.316 [Amended]

9. Section 57.316 is amended by removing footnote three to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

[[Page 6124]]

Subpart F--Grants for Nurse Anesthetist Traineeships

1. The authority for subpart F is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 67 Stat. 631 (42 U.S.C. 216); sec. 831(a) of the

Public Health Service Act, 93 Stat. 580, as amended by 96 Stat.

2061, and 99 Stat. 396-397 (42 U.S.C. 297-1).

2. Section 57.502 is amended by revising the definition of State to

read as follows:

Sec. 57.502 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

3. Section 57.509 is amended by revising paragraph (a) to read as

follows:

Sec. 57.509 Who is eligible for financial assistance as a trainee?

* * * * *

(a) Be a resident of the United States and either a citizen or

national of the United States, an alien lawfully admitted for permanent

residence in the United States, a citizen of the Commonwealth of the

Northern Mariana Islands, a citizen of the Republic of Palau, a citizen

of the Republic of the Marshall Islands, or a citizen of the Federated

States of Micronesia;

* * * * *

Sec. 57.513 [Amended]

4. Section 57.513 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

Subpart H--Grants for Physician Assistant Training Programs

1. The authority for subpart H is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 783(a)(1) of

the Public Health Service Act, 90 Stat. 2314, and 99 Stat. 524 (42

U.S.C. 295g-3(a)(1)); redesignated as sec. 788(d) and amended by 102

Stat. 3135 (42 U.S.C. 295g-8(d)); renumbered as sec. 750, as amended

by Pub. L. 102-408, 106 Stat. 2044 (42 U.S.C. 293n).

Sec. 57.701 [Amended]

2. Section 57.701 is amended by revising the citation ``788(d) of

the Public Health Service Act (42 U.S.C. 295g-8(d))'' to read ``750 of

the Public Health Service Act (42 U.S.C. 293n)''.

3. Section 57.702 is amended by removing the term Council; by

revising section number ``701(5)'' in the definition of School of

medicine or school of osteopathic medicine to read ``799(1)(E)''; and

by revising the definition of State to read as follows:

Sec. 57.702 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

Sec. 57.704 [Amended]

4. Section 57.704 is amended by revising the citation ``788(d) of

the Act'' in paragraph (c)(1) to read ``750 of the Act''.

5. Section 57.706 is amended by revising paragraph (a) introductory

text and paragraph (a)(2) to read as follows:

Sec. 57.706 Evaluation of applications.

(a) As required by section 798(a) of the Act, each application for

a grant under this subpart shall be submitted to a peer review group,

composed principally of non-Federal experts, for an evaluation of the

merits of the proposals made in the application. The Secretary may not

approve such an application unless a peer review group has recommended

the application for approval. The Secretary will approve or disapprove

all applications filed in accordance with Sec. 57.704, taking into

consideration:

* * * * *

(2) The potential effectiveness of the project in carrying out the

purposes of section 750 of the Act and this subpart;

* * * * *

Sec. 57.707 [Amended]

6. Section 57.707 is amended by revising the citation ``788(d) of

the Act'' in paragraph (a)(1) to read ``750 of the Act''.

Sec. 57.709 [Amended]

7. Section 57.709 is amended by revising the citation ``788(d) of

the Act'' in paragraph (a) to read ``750 of the Act''.

Sec. 57.710 [Amended]

8. Section 57.710 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

9. Section 57.711 is revised to read as follows:

Sec. 57.711 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart I--Programs for the Training of Physician Assistants

1. The authority for subpart I is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 701(8)(B), 90

Stat. 2247, as amended by 95 Stat. 913 and 99 Stat. 525-526 (42

U.S.C. 292a(8)(B)); renumbered as sec. 750, as amended by Pub. L.

102-408, 106 Stat. 2044 (42 U.S.C. 293n).

Sec. 57.801 [Amended]

2. Section 57.801 is amended by revising the citation ``701(8)(B)

of the Public Health Service Act (42 U.S.C. 292a(8)(B))'' in paragraph

(a) to read ``750 of the Public Health Service Act (42 U.S.C. 293n)''.

Subpart L--Grants for Residency Training and Advanced Education in

the General Practice of Dentistry

1. The authority for subpart L is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 786(b) of the

Public Health Service Act, 90 Stat. 2317, as amended by 99 Stat.

540-541 (42 U.S.C. 295g-6(b)); redesignated as sec. 785 and amended

by 102 Stat. 3130-3131 (42 U.S.C. 295g-5); renumbered as sec. 749,

as amended by Pub. L. 102-408, 106 Stat. 2043-2044 (42 U.S.C. 293m).

Sec. 57.1101 [Amended]

2. Section 57.1101 is amended by revising the citation ``785 of the

Public Health Service Act (42 U.S.C. 295g-5)'' in the introductory text

to read ``749 of the Public Health Service Act (42 U.S.C. 293m)''.

3. Section 57.1102 is amended by removing the phrase ``as defined

in 42 CFR part 57, subpart HH'' at the end of the sentence in paragraph

(4) of the definition of Practice of general dentistry; by revising

section number ``701(5)'' in the definition of School of dentistry to

read ``799(1)(E)''; and by revising the definition of State to read as

follows:

Sec. 57.1102 Definitions.

* * * * *

[[Page 6125]]

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

4. Section 57.1106 is amended by revising the introductory text to

read as follows:

Sec. 57.1106 What are the criteria for deciding which applications are

to be funded?

As required by section 798(a) of the Act, each application for a

grant under this subpart shall be submitted to a peer review group,

composed principally of non-Federal experts, for an evaluation of the

merits of the proposals made in the application. The Secretary may not

approve such an application unless a peer review group has recommended

the application for approval. The Secretary will approve or disapprove

applications filed in accordance with Sec. 57.1104, taking into

consideration, among other pertinent factors:

* * * * *

Sec. 57.1107 [Amended]

5. Section 57.1107 is amended by revising the section number

``785'' in paragraph (a)(1) to read ``749''.

Sec. 57.1110 [Amended]

6. Section 57.1110 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

7. Section 57.1111 is revised to read as follows:

Sec. 57.1111 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart Q--Grants for Predoctoral, Graduate, and Faculty

Development Education Programs in Family Medicine

1. The authority for subpart Q is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 786(a) of the

Public Health Service Act, 90 Stat. 2316, and as amended by 102

Stat. 3146 (42 U.S.C. 295g-6(a)); renumbered as sec. 747, as amended

by Pub. L. 102-408, 106 Stat. 2042-2043 (42 U.S.C. 293k).

Sec. 57.1601 [Amended]

2. Section 57.1601 is amended by revising the citation ``786(a) of

the Public Health Service Act (42 U.S.C. 295g-6(a))'' in the

introductory text to read ``747 of the Public Health Service Act (42

U.S.C. 293k)''.

3. Section 57.1602 is amended by revising section number ``701(5)''

in the definition of School of medicine or osteopathic medicine to read

``799(1)(E)''; and by revising the definition of State to read as

follows:

Sec. 57.1602 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

4. Section 57.1605 is amended by revising paragraph (a)

introductory text to read as follows:

Sec. 57.1605 How will applications be evaluated?

(a) As required by section 798(a) of the Act, each application for

a grant under this subpart shall be submitted to a peer review group,

composed principally of non-Federal experts, for an evaluation of the

merits of the proposals made in the application. The Secretary may not

approve such an application unless a peer review group has recommended

the application for approval. The Secretary will approve projects which

best promote the purposes of section 747 of the Act and these

regulations. The Secretary will consider, among other factors:

* * * * *

Sec. 57.1608 [Amended]

5. Section 57.1608 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

6. Section 57.1609 is revised to read as follows:

Sec. 57.1609 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart R--Grants for the Establishment of Departments of Family

Medicine

1. The authority for subpart R continues to read as follows:

Authority: Sec. 215, Public Health Service Act, 58 Stat. 690, as

amended by 63 Stat. 35 (42 U.S.C. 216); sec. 780, Public Health

Service Act, 90 Stat. 2311, as amended by 95 Stat. 221 and 102 Stat.

3146 (42 U.S.C. 295g); renumbered as sec. 747, as amended by Pub. L.

102-408, 106 Stat. 2042-2043 (42 U.S.C. 293k).

2. Section 57.1702 is amended by revising the definition of State

to read as follows:

Sec. 57.1702 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

Sec. 57.1708 [Amended]

3. Section 57.1708 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

Subpart S--Educational Assistance to Individuals From Disadvantaged

Backgrounds

1. The authority for subpart S is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 787 of the

Public Health Service Act, 90 Stat. 2317, as amended by 95 Stat.

923, 99 Stat. 541, and 102 Stat. 3131-3132 (42 U.S.C. 295g-7);

renumbered as sec. 740, as amended by Pub. L. 102-408, 106 Stat.

2032-2033 (42 U.S.C. 293d).

Sec. 57.1801 [Amended]

2. Section 57.1801 is amended by revising the citation ``787 of the

Public Health Service Act'' to read ``740 of the Public Health Service

Act''; and by adding the United States Code ``(42 U.S.C. 293d)'' after

the word ``Act.''

3. Section 57.1802 is amended by revising the section numbers

``701(4)'' and ``701(5)'' respectively, in the definition of Health

professions schools to read ``799(1) (A), (B), (C), and (D)'' and

``799(1)(E)'' respectively; by revising the section number ``701(10)''

in the definition of School of allied health to read ``799(4)''; and by

revising the definition of State to read as follows:

Sec. 57.1802 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau,

[[Page 6126]]

the Republic of the Marshall Islands and the Federated States of

Micronesia.

4. Section 57.1804 is amended by revising paragraphs (a) and (b) to

read as follows:

Sec. 57.1804 Who is eligible for educational assistance?

* * * * *

(a) Be a resident of the United States and either a citizen or

national of the United States, an alien lawfully admitted for permanent

residence in the United States, a citizen of the Commonwealth of the

Northern Mariana Islands, a citizen of the Republic of Palau, a citizen

of the Republic of the Marshall Islands, or a citizen of the Federated

States of Micronesia;

(b) Have completed at least the junior year of high school (or its

equivalent), except in the case of Model Demonstration programs; and

* * * * *

5. Section 57.1806 is amended by revising paragraph (a)

introductory text and the first and last sentence in paragraph (b) to

read as follows:

Sec. 57.1806 How will applications be evaluated?

(a) As required by section 798(a) of the Act, each application for

a grant under this subpart shall be submitted to a peer review group,

composed principally of non-Federal experts, for an evaluation of the

merits of the proposals made in the application. The Secretary may not

approve such an application unless a peer review group has recommended

the application for approval. The Secretary will decide which

applications to approve by considering, among other factors:

* * * * *

(b) Within the limits of funds available, the Secretary will award

grants to approved applicants with projects that will best promote the

purposes of section 740 of the Act. * * * Section 740(a)(2)(G)

authorizes the payment of such stipends as the Secretary may approve

for participants in a project for any period of education at any school

eligible for a grant under this subpart.

* * * * *

Sec. 57.1809 [Amended]

6. Section 57.1809 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

6. Section 57.1810 is revised to read as follows:

Sec. 57.1810 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart T (Secs. 57.1901-57.1910)--[Removed and Reserved]

1. Part 57 is amended by removing and reserving subpart T

(consisting of Secs. 57.1901 through 57.1910).

Subpart V--Grants for Centers of Excellence

1. The authority for subpart V is revised to read as follows:

Authority: Sec. 788A of the Public Health Service Act, Pub. L.

100-97, 101 Stat. 713-714 (42 U.S.C. 295g-8a), and redesignated as

section 782, as amended by Pub. L. 100-607, 102 Stat. 3136 (42

U.S.C. 295g-2); renumbered as sec. 739, as amended by Pub. L. 102-

408, 106 Stat. 2027-2031 (42 U.S.C. 293c).

Sec. 57.2101 [Amended]

2. Section 57.2101 is amended by revising the citation ``782 of the

Public Health Service Act (42 U.S.C. 295g-2)'' to read ``739 of the

Public Health Service Act (42 U.S.C. 293c)''.

3. Section 57.2102 is amended by revising the section numbers

``701(4)'' and ``701(5)'' respectively, in the definition of Health

professions school to read ``799(1) (A), (B), (C), and (D)'' and

``799(1)(E)'' respectively; and by revising the definition of State to

read as follows:

Sec. 57.1202 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

Sec. 57.2103 [Amended]

4. Section 57.2103 is amended by revising the section number

``701(4)'' in the first sentence to read ``799(1) (A), (B), (C), and

(D) of the Act''.

5. Section 57.2105 is amended by revising paragraph (a)

introductory text to read as follows:

Sec. 57.2105 How will applications be evaluated?

(a) As required by section 798(a) of the Act, each application for

a grant under this subpart shall be submitted to a peer review group,

composed principally of non-Federal experts, for an evaluation of the

merits of the proposals made in the application. The Secretary may not

approve such an application unless a peer review group has recommended

the application for approval. The Secretary will decide which

applications to approve by considering, among other factors:

* * * * *

Sec. 57.2108 [Amended]

6. Section 57.2108 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

7. Section 57.2109 is revised to read as follows:

Sec. 57.2109 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart Y--Grants for Nurse Practitioner and Nurse Midwifery

Programs

1. The authority for subpart Y continues to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 822(a) of the

Public Health Service Act, 89 Stat. 361, as amended by 99 Stat. 394-

395 and 548 (42 U.S.C. 296m).

2. Section 57.2402 is amended by revising paragraphs (c) and (k) to

read as follows:

Sec. 57.2402 Definitions.

* * * * *

(c) Council means the National Advisory Council on Nursing

Education and Practice (established by section 851 of the Act).

* * * * *

(k) State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

Sec. 57.2409 [Amended]

3. Section 57.2409 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

[[Page 6127]]

Subpart Z--Grants for Advanced Nurse Education Programs

1. The authority for subpart Z is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 821 of the

Public Health Service Act, 89 Stat. 361; as amended by 95 Stat. 930,

99 Stat. 394 and 548, and Pub. L. 102-408, 106 Stat. 2072 (42 U.S.C.

296l).

2. Section 57.2501 is revised to read as follows:

Sec. 57.2501 Applicability.

The regulations of this subpart apply to the award of grants to

public and private nonprofit collegiate schools of nursing under

section 821 of the Public Health Service Act (42 U.S.C. 296l) to meet

the costs of projects to:

(a) Plan, develop, and operate new programs; or

(b) Significantly expand existing programs leading to advanced

degrees that prepare nurses to serve as nurse educators or public

health nurses, or in other clinical nurse specialties determined by the

Secretary to require advanced education.

3. Section 57.2502 is amended by revising the definitions of

Council and State to read as follows:

Sec. 57.2502 Definitions.

* * * * *

Council means the National Advisory Council on Nurse Education and

Practice established by section 851(a) of the Act.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

4. Section 57.2503 is amended by removing paragraph (b)(3) and by

revising the introductory text of (b)(2) to read as follows:

Sec. 57.2503 Eligibility.

* * * * *

(b) * * *

(2) A project to significantly expand an advanced nurse education

program through one or more of the following activities:

* * * * *

5. Section 57.2504 is amended by revising paragraphs (c)(1) and (d)

to read as follows:

Sec. 57.2504 Application.

* * * * *

(c) * * *

(1) A proposal for a project to:

(i) Plan, develop, and operate; or

(ii) Significantly expand an advanced nurse education program;

* * * * *

(d) In the case of a project to significantly expand an advanced

nurse education program, the application shall contain an assurance

satisfactory to the Secretary that the applicant will expend, in

carrying out the program for which a grant under this subpart is

sought, an amount of non-Federal funds (excluding costs of

construction) at least as great as the average amount of non-Federal

funds (excluding expenditures of a nonrecurring nature, including costs

of construction) expended for this purpose during the 3 fiscal years

immediately preceding the fiscal year for which the grant is sought.

* * * * *

6. Section 57.2506 is amended by revising paragraph (b) to read as

follows:

Sec. 57.2506 Evaluation and grant awards.

* * * * *

(b) Funding preference. In determining the funding of applications

approved under paragraph (a) of this section, the Secretary may from

time to time announce in the Federal Register special factors relating

to national needs.

* * * * *

Sec. 57.2509 [Amended]

7. Section 57.2509 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

Subpart AA (Secs. 57.2601-57.2617)--[Removed and Reserved]

1. Part 57 is amended by removing and reserving subpart AA

(consisting of Secs. 57.2601 through 57.2617).

Subpart CC--Scholarships for Students of Exceptional Financial Need

1. The authority for subpart CC is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 758 of the Public

Health Service Act, 90 Stat. 2289, as amended by 102 Stat. 3126-3127

(42 U.S.C. 294z); renumbered as sec. 736, as amended by Pub. L. 102-

408, 106 Stat. 2022 (42 U.S.C. 293).

Sec. 57.2801 [Amended]

2. Section 57.2801 is amended by revising the citation ``758 of the

Public Health Service Act (42 U.S.C. 294z)'' to read ``736 of the

Public Health Service Act (42 U.S.C. 293)''.

3. Section 57.2802 is amended by revising the citation ``701(4) of

the Act'' in the definition of Full-time student to read ``799(1)(A) of

the Act''; by revising the citation ``701(4) of the Act'' and ``701(5)

of the Act'' respectively, in the definition of Health professions

school or school to read ``799(1)(A) of the Act'' and ``799(1)(E) of

the Act'' respectively; and by revising the definition of State to read

as follows:

Sec. 57.2802 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

4. Section 57.2804 is amended by revising paragraph (a)(1) to read

as follows:

Sec. 57.2804 Students eligible for scholarships.

(a) * * *

(1) Is a resident of the United States, and either a citizen or

national of the United States, an alien lawfully admitted for permanent

residence in the United States, a citizen of the Commonwealth of the

Northern Mariana Islands, a citizen of the Republic of Palau, a citizen

of the Republic of the Marshall Islands, or a citizen of the Federated

States of Micronesia.

* * * * *

Sec. 57.2805 [Amended]

5. Section 57.2805 is amended by revising the citation ``751(g)(3)

of the Act'' in paragraph (c) to read ``338A(g)(3) of the Act''.

Sec. 57.2808 [Amended]

6. Section 57.2808 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

7. Section 57.2809 is amended by revising paragraph (a) to read as

follows:

Sec. 57.2809 What other records, audit, and inspection requirements

apply to grantees?

(a) Each entity which receives a grant under this subpart must meet

the requirements of 45 CFR part 75 concerning audit and inspection.

* * * * *

[[Page 6128]]

Subpart DD--Financial Assistance for Disadvantaged Health

Professions Students

1. The authority for subpart DD is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 787 of the

Public Health Service Act, 90 Stat. 2309, as amended by 95 Stat.

923, 99 Stat. 541 (42 U.S.C. 295g-7); renumbered as sec. 740, as

amended by Pub. L. 102-408, 106 Stat. 2032-2033 (42 U.S.C. 293d).

Sec. 57.2901 [Amended]

2. Section 57.2901 is amended by revising the section number

``787(a)(2)(F) and (b)'' to read ``740(a)(2)(F) and (d)''.

3. Section 57.2902 is amended by revising the citation ``701(4) of

the Act'' in the definitions of Full-time student and School to read

``799(1)(A) of the Act''; and by revising the definition of State to

read as follows:

Sec. 57.2902 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

5. Section 57.2904 is amended by revising the OMB control number

``0915-0110'' in the parenthetical phrase at the end of the section to

read ``0915-0028''; and by revising paragraph (a)(1) to read as

follows:

Sec. 57.2904 Eligibility and selection of aid recipients.

(a) * * *

(1) Is a resident of the United States and either a citizen or

national of the United States, an alien lawfully admitted for permanent

residence in the United States, a citizen of the Commonwealth of the

Northern Mariana Islands, a citizen of the Republic of Palau, a citizen

of the Republic of the Marshall Islands, or a citizen of the Federated

States of Micronesia.

* * * * *

Sec. 57.2908 [Amended]

6. Section 57.2908 is amended by revising the section number

``704'' in the heading of citation 45 CFR part 83 to read ``794''.

7. Section 57.2909 is amended by revising the OMB control number

``0915-0110'' in the parenthetical phrase at the end of the section to

read ``0915-0028''; and by revising paragraph (a) to read as follows:

Sec. 57.2909 What other records, audit, and inspection requirements

apply to schools?''

(a) Each entity which receives a grant under this subpart must meet

the requirements of 45 CFR part 75 concerning audit and inspection.

* * * * *

Subpart EE--Grants for Residency Training in Preventive Medicine

1. The authority for subpart EE is revised to read as follows:

Authority: Sec. 793 of the Public Health Service Act, 95 Stat.

928 (42 U.S.C. 295h-1c); redesignated as section 788(c) of the

Public Health Service Act, 102 Stat. 3134-3135 (42 U.S.C. 295g-

8(e)); renumbered as sec. 763, as amended by Pub. L. 102-408, 106

Stat. 2047 (42 U.S.C. 294b).

Sec. 57.3001 [Amended]

2. Section 57.3001 is amended by revising the citation ``788(c) of

the Public Health Service Act (42 U.S.C. 295g-8(e))'' to read ``763 of

the Public Health Service Act (42 U.S.C. 294b)''.

3. Section 57.3002 is amended by revising the definition of State

to read as follows:

Sec. 57.3002 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

4. Section 57.3005 is amended by revising paragraph (a)

introductory text and paragraph (a)(1) to read as follows:

Sec. 57.3005 How will applications be evaluated?

(a) As required by section 798(a) of the Act, each application for

a grant under this subpart shall be submitted to a peer review group,

composed principally of non-Federal experts, for an evaluation of the

merits of the proposals made in the application. The Secretary may not

approve such an application unless a peer review group has recommended

the application for approval. The Secretary will decide which

applications to approve by considering, among other factors:

(1) The potential effectiveness of the proposed project in carrying

out the training purposes of section 763 of the PHS Act;

* * * * *

Sec. 57.3009 [Amended]

5. Section 57.3009 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

6. Section 57.3010 is revised to read as follows:

Sec. 57.3010 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart FF--Grants for Residency Training and Faculty Development

in General Internal Medicine and/or General Pediatrics

1. The authority for subpart FF is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, 63 Stat. 35 (42 U.S.C. 216); sec. 784 of the Public Health

Service Act, 90 Stat. 2315, as amended by 95 Stat. 922-923 and 99

Stat. 540 (42 U.S.C. 295g-4); renumbered as sec. 748, as amended by

Pub. L. 102-408, 106 Stat. 2043 (42 U.S.C. 293l).

Sec. 57.3101 [Amended]

2. Section 57.3101 is amended by revising the citation ``784 of the

Public Health Service Act (42 U.S.C. 295g-4)'' in the introductory text

to read ``748 of the Public Health Service Act (42 U.S.C. 293l)''.

3. Section 57.3102 is amended by revising section number ``701(5)''

in the definition of School of medicine and osteopathic medicine to

read ``799(1)(E)''; by revising section number ``784'' in the

definition of Trainee to read ``748''; and by revising the definition

of State to read as follows:

Sec. 57.3102 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

4. Section 57.3106 is amended by revising paragraph (a)

introductory text to read as follows:

Sec. 57.3106 How will applications be evaluated?

(a) As required by section 798(a) of the Act, each application for

a grant under this subpart shall be submitted to a peer review group,

composed principally of non-Federal experts, for an evaluation of the

merits of the proposals made in the application. The Secretary may not

approve such an

[[Page 6129]]

application unless a peer review group has recommended the application

for approval. The Secretary will award grants to applicants whose

projects best promote the purposes of section 748 of the Act. The

Secretary will take into consideration, among other factors:

* * * * *

Sec. 57.3110 [Amended]

5. Section 57.3110 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

6. Section 57.3111 is revised to read as follows:

Sec. 57.3111 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart HH (Secs. 57.3301-57.3303)--[Removed and Reserved]

1. Part 57 is amended by removing and reserving subpart HH

(consisting of Secs. 57.3301 through 57.3303).

Subpart NN (Secs. 57.3901-57.3910)--[Removed and Reserved]

1. Part 57 is amended by removing and reserving subpart NN

(consisting of Secs. 57.3901 through 57.3910).

Subpart OO--Grants for Geriatric Education Centers

1. The authority for subpart OO continues to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, 67 Stat. 631 (42 U.S.C. 216); sec. 788(d) of the Public Health

Service Act, 99 Stat. 542 (42 U.S.C. 295g-8); redesignated as sec.

789(a), as amended by Pub. L. 100-607, 102 Stat. 3136-37 (42 U.S.C.

295g-9(a)); renumbered as sec. 777(a), as amended by Pub. L. 102-

408, 106 Stat. 2052-54 (42 U.S.C. 294o).

2. Section 57.4002 is amended by revising the definition of State

to read as follows:

Sec. 57.4002 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

Sec. 57.4008 [Amended]

3. Section 57.4008 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

4. Section 57.4009 is revised to read as follows:

Sec. 57.4009 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart PP--Grants for Faculty Training Projects in Geriatric

Medicine and Dentistry

1. The authority for subpart PP continues to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, 67 Stat. 631 (42 U.S.C. 216); sec. 789(b) of the PHS Act, as

amended by Pub. L. 100-607, 102 Stat. 3136-3138 (42 U.S.C. 295g-

9(b)); renumbered as sec. 777(b), as amended by Pub. L. 102-408, 106

Stat. 2052-54 (42 U.S.C. 294o).

2. Section 57.4102 is amended by revising the definition of State

to read as follows:

Sec. 57.4102 Definitions.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

3. Section 57.4109 is amended by revising paragraph (a) to read as

follows:

Sec. 57.4109 Who is eligible for financial assistance as a fellow?

* * * * *

(a) Be a resident of the United States and either a citizen or

national of the United States, an alien lawfully admitted for permanent

residence in the United States, a citizen of the Commonwealth of the

Northern Mariana Islands, a citizen of the Republic of Palau, a citizen

of the Republic of the Marshall Islands, or a citizen of the Federated

States of Micronesia;

* * * * *

Sec. 57.4113 [Amended]

4. Section 57.4113 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''.

PART 58--GRANTS FOR TRAINING OF PUBLIC HEALTH AND ALLIED HEALTH

PERSONNEL

Subpart A (Secs. 58.1-58.11)--[Removed and Reserved]

1. Part 58 is amended by removing and reserving subpart A

(consisting of Secs. 58.1 through 58.11).

Subpart B (Secs. 58.20-58.29)--[Removed and Reserved]

1. Part 58 is amended by removing and reserving subpart B

(consisting of Secs. 58.20 through 58.29).

Subpart C--Grants for Public Health Traineeships for Students in

Schools of Public Health and in Other Graduate Public Health

Programs

1. The authority for subpart C is revised to read as follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.

690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 748 of the

Public Health Service Act, 90 Stat. 2279, as amended by 91 Stat.

1505; as amended and redesignated as sec. 792 of the Public Health

Service Act by 95 Stat. 927 (42 U.S.C. 295h-1b); renumbered as sec.

761, as amended by Pub. L. 102-408, 106 Stat. 2045 (42 U.S.C. 294).

Sec. 58.201 [Amended]

2. Section 58.201 is amended by revising the citation ``792 of the

Public Health Service Act (42 U.S.C. 295h-1b)'' to read ``761 of the

Public Health Service Act (42 U.S.C. 294)''.

3. Section 58.202 is amended by revising the section number

``701(5)'' in the definition of School of Public Health to read

``799(1)(E)''; and by revising the definitions of Educational entity,

Nonprofit, and State to read as follows:

Sec. 58.202 Definitions.

* * * * *

Educational entity means a school, college, or university which is

accredited by a body or bodies recognized for this purpose by the

Secretary of Education or an institution which provides specialized

training in public health.

* * * * *

Nonprofit refers to the status of an entity which is a corporation

or association, or is owned and operated by one or more corporations or

associations no part of the net earnings of which inures, or may

lawfully insure, to the benefit of any private shareholder or

individual.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the

[[Page 6130]]

Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam,

American Samoa, the Republic of Palau, the Republic of the Marshall

Islands, and the Federated States of Micronesia.

* * * * *

Sec. 58.203 [Amended]

4. Section 58.203 is amended by revising the section number

``791A'' in the footnote of paragraph (b) to read ``771''.

Sec. 58.204 [Amended]

5. Section 58.204 is amended by revising the section number ``792''

in the concluding text of paragraph (b) to read ``761''.

6. Section 58.205 is amended by revising paragraph (a) to read as

follows:

Sec. 58.205 How is the amount of the award determined?

(a) Grants to schools of public health. The Secretary will use a

formula to determine the amount of the grant to be awarded to each

school of public health with an approved application.

This formula is

[GRAPHIC] [TIFF OMITTED] TR16FE96.000

G is the amount of the grant award; SS is the number of eligible

full-time and full-time equivalent students of each applicant

enrolled in severe shortage occupations targeted for support

(epidemiology, environmental health, biostatistics, toxicology,

public health nutrition, and maternal and child health); TS is the

total number of students enrolled in graduate and specialized

training in all schools of public health with approved applications;

and AF is the amount of traineeship funds under this program that

the Secretary has designated for award to schools of public health

for that fiscal year. The Secretary will determine the number of

students enrolled in graduate and specialized training in public

health at the school (SS) with the formula

[GRAPHIC] [TIFF OMITTED] TR16FE96.001

FTS is the number of full-time students, and PTC is the total

number of credit hours in which part-time students are enrolled. If

necessary, the figure for

[GRAPHIC] [TIFF OMITTED] TR16FE96.002

will be rounded to the next highest number. Students will be counted

as of October 15 of the fiscal year in which application is made.

The amount of a grant will never exceed the amount requested by the

applicant.

* * * * *

7. Section 58.208 is amended by removing paragraphs (a) through

(e); by redesignating paragraphs (f) through (i) as paragraphs (a)

through (d); by revising the heading of the section; and by adding the

OMB information collections control number at the end of the section to

read as follows:

Sec. 58.208 What are the requirements for appointment of trainees?

* * * * *

(Approved by the Office of Management and Budget under control

number 0915-0060)

8. Section 58.209 is revised as follows:

Sec. 58.209 Who is eligible for financial assistance as a trainee?

(a) To be eligible for a traineeship, an individual must meet the

following conditions:

(1) Trainees must be United States citizens, non-citizen nationals,

or foreign nationals having in their possession a visa permitting

permanent residence in the United States.

(2) New trainees must be pursuing a graduate degree in a health

professions field in which there is a severe shortage of health

professionals (including the fields of epidemiology, environmental

health, biostatistics, toxicology, public health nutrition, and

maternal and child health). Ongoing traineeship commitment will be

continued.

(3) All trainees must meet the school's admission requirements

specified in the approved grant application.

(b) Traineeship support may not be provided to:

(1) Individuals who do not meet the qualifications for admission as

specified in the approved application;

(2) Full-time Federal employees unless they are on Leave Without

Pay status;

(3) Students pursuing training at the undergraduate level;

(4) Students in programs designed to prepare them for careers in

research;

(5) Preventive medicine and dental public health residents (section

763 of the Act may be used for these students); or

(6) Individuals on temporary or student visas.

9. Section 58.213 is amended by removing the footnote to the CFR

citation ``45 CFR part 83'' and by revising the section numbers ``799A

and 845'' in the citation's heading to read ``794 and 855''; and by

adding the following CFR reference at the end of the section to read as

follows:

Sec. 58.213 What additional Department regulations apply to grantees?

* * * * *

45 CFR part 93--New restrictions on lobbying

10. Section 58.214 is revised as follows:

Sec. 58.214 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Subpart D--Grants for Health Administration Traineeships and

Special Projects Program

1. The authority for subpart D is revised to read as follows:

2. The heading for subpart D is revised as set forth above.

Authority: Sec. 215 of the Public Health Service Act. 58 Stat.

690, 67 Stat. 631 (42 U.S.C. 216); sec. 749 of the Public Health

Service Act, 90 Stat. 2280, Pub. L. 94-484 (42 U.S.C. 294s);

redesignated as sec. 791A, amended by 95 Stat. 927, Pub. L. 97-35

and 96 Stat. 2061, Pub. L. 97-414 (42 U.S.C. 295h-1a); renumbered as

sec. 771, amended by 106 Stat. 2049, Pub. L. 102-408 (42 U.S.C.

294i).

Sec. 58.221 [Amended]

3. Section 58.221 is amended by revising the citation ``791A of the

Public Health Service Act'' to read ``771 of the Public Health Service

Act (42 U.S.C. 294i)''.

4. Section 58.222 is amended by revising the citation ``701(5) of

the Act'' in the definition of School of public health to read

``799(1)(E) of the Act''; and by revising the definitions of Nonprofit

and State to read as follows:

Sec. 58.222 Definitions.

* * * * *

Nonprofit refers to the status of an entity which is a corporation

or association, or is owned and operated by one or more corporations or

associations no part of the net earnings of which inures, or may

lawfully inure, to the benefit of any private shareholder or

individual.

* * * * *

State means, in addition to the several States, the District of

Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the

Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the

Republic of Palau, the Republic of the Marshall Islands, and the

Federated States of Micronesia.

* * * * *

Sec. 58.223 [Amended]

4. Section 58.223 is amended by revising the citation 701(5) of the

Act'' to read ``799(1)(E) of the Act.''

5. Section 58.224 is revised as follows:

Sec. 58.224 How will applications be evaluated?

(a) As required by section 798(a) of the Act, each application for

a grant

[[Page 6131]]

under this subpart shall be submitted to a peer review group, composed

principally of non-Federal experts, for an evaluation of the merits of

the proposals made in the application. The Secretary may not approve

such an application unless a peer review group has recommended the

application for approval.

(b) The following criteria will be used for review of applications:

(1) The administrative and management ability of the applicant to

carry out the proposed project in a cost-effective manner;

(2) The adequacy of the staff and faculty;

(3) The adequacy of institutional resources available to conduct

graduate level education, to include the adequacy of teaching

facilities;

(4) The adequacy of recruitment and placement assistance for

students in accord with the legislative purpose and intent; and

(5) The extent to which the application justifies the purpose,

scope, and need for traineeship and or special project grant.

(Approved by the Office of Management and Budget under control

number 0915-0060)

Sec. 58.225 [Amended]

6. Section 58.225 is amended by revising the section number ``791A

in the formula to read ``771''.

Sec. 58.228 [Removed]

7. Section 58.228 is removed.

Sec. 58.229 [Redesignated as Sec. 58.228]

8. Section 58.229 is redesignated as Sec. 58.228 and is amended by

revising paragraph (a) to read as follows:

Sec. 58.228 Who is eligible for financial assistance as a trainee?

* * * * *

(a) The individual must be a resident of the United States and

either a citizen or national of the United States, an alien lawfully

admitted for permanent residence in the United States, a citizen of the

Commonwealth of the Northern Mariana Islands, a citizen of the Republic

of Palau, a citizen of the Republic of the Marshall Islands or a

citizen of the Federated States of Micronesia.

* * * * *

Sec. 58.230 [Redesignated as Sec. 58.229]

9. Section 58.230 is redesignated as Sec. 58.229.

Sec. 58.231 [Redesignated as Sec. 58.230]

10. Section 58.231 is redesignated as Sec. 58.230.

Sec. 58.232 [Redesignated as Sec. 58.231]

11. Section 58.232 is redesignated as Sec. 58.231.

Sec. 58.233 [Redesignated as Sec. 58.232]

12. Section 58.233 is redesignated as Sec. 58.232 and is amended by

removing the parenthetical phrase at the end of the section; by

removing the footnote to the CFR citation ``45 CFR part 83'' and by

revising the section numbers ``799A and 845'' in the citation's heading

to read ``794 and 855''; and by adding the following CFR reference at

the end of the section to read as follows:

Sec. 58.232 What additional Department regulations apply to grantees?

* * * * *

45 CFR part 93--New restrictions on lobbying

Sec. 58.234 [Redesignated as Sec. 58.233]

13. Section 58.234 is redesignated as Sec. 58.233 and is revised to

read as follows:

Sec. 58.233 What other audit and inspection requirements apply to

grantees?

Each entity which receives a grant under this subpart must meet the

requirements of 45 CFR part 75 concerning audit and inspection.

Sec. 58.235 [Redesignated as Sec. 58.234]

14. Section 58.235 is redesignated as Sec. 58.234.

Subpart E (Secs. 58.401-58.414)--[Removed and Reserved]

1. Part 58 is amended by removing and reserving subpart E

(consisting of Secs. 58.401 through 58.414).

Subpart F (Secs. 58.501-58.515)--[Removed and Reserved]

1. Part 58 is amended by removing and reserving subpart F

(consisting of Secs. 58.501 through 58.515).

[FR Doc. 96-3054 Filed 2-15-96; 8:45 am]

BILLING CODE 4160-15-M