National Institutes of Health Undergraduate Scholarship Program Regarding Professions Needed by National Research Institutes, 30531-30535 [2014-12180]
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Federal Register / Vol. 79, No. 102 / Wednesday, May 28, 2014 / Proposed Rules
review must include documentation
that shows that processing a prior
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(f) Suspension of prior authorization
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for a particular item or items at any time
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(2) CMS provides notification of the
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(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: June 12, 2013.
Marilyn Tavenner,
Administrator, Centers for Medicare &
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Approved: November 20, 2013.
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Secretary, Department of Health and Human
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Editorial note: This document was
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[FR Doc. 2014–12245 Filed 5–22–14; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
42 CFR Part 68b
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RIN 0925–AA10
[Docket No. NIH–2007–0930]
National Institutes of Health
Undergraduate Scholarship Program
Regarding Professions Needed by
National Research Institutes
AGENCY:
National Institutes of Health,
HHS.
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ACTION:
Notice of proposed rulemaking.
The National Institutes of
Health (NIH) proposes to issue
regulations to implement provisions of
the Public Health Service Act
authorizing the NIH Undergraduate
Scholarship Program Regarding
Professions Needed by National
Research Institutes (UGSP). The purpose
of the program is to recruit
appropriately qualified undergraduate
students from disadvantaged
backgrounds to conduct research in the
intramural research program as
employees of the NIH by providing
scholarship support.
DATES: Comments must be received on
or before July 28, 2014 to ensure that the
NIH will be able to consider the
comments in preparing the final rule.
ADDRESSES: Individuals and
organizations interested in submitting
comments, identified by RIN 0925–
AA10 and Docket Number NIH–2007–
0930, may do so by any of the following
methods:
Electronic Submissions. You may
submit electronic comments through the
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
The NIH is no longer accepting
comments submitted to the agency by
email.
Written Submissions. You may send
written submissions in the following
ways:
• Fax: 301–402–0169.
• Mail: Attention: Jerry Moore, NIH
Regulations Officer, National Institutes
of Health, Office of Management
Assessment, 6011 Executive Boulevard,
Suite 601, MSC 7669, Rockville, MD
20892.
• Hand Delivery/Courier (for paper,
disk, or CD–ROM submissions):
Attention: Jerry Moore, 6011 Executive
Boulevard, Suite 601, Rockville, MD
20892.
Instructions for all Comments. All
comments received must include the
agency name, Regulatory Information
Number (RIN), and the docket number
for this rulemaking. All comments
received may be posted without change,
including any personal information
provided.
Docket. For access to the docket to
read background documents or
comments received, go to the
eRulemaking.gov Portal and insert into
the ‘‘Search’’ box the docket number
‘‘NIH–2007–0930’’ and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Jerry
Moore, NIH Regulations Officer,
telephone 301–496–4607 (not a toll-free
number).
SUMMARY:
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30531
On June
10, 1993, the NIH Revitalization Act of
1993 (Pub. L. 103–43) was enacted.
Section 1631 of this law amended the
Public Health Service (PHS) Act by
adding section 487D (42 U.S.C. 288–4).
Section 487D authorizes the Secretary,
acting through the Director of the NIH,
to carry out a program of entering into
contracts with individuals under which
the Director agrees to provide
scholarships for pursuing, as
undergraduates at accredited
institutions of higher education,
academic programs appropriate for
careers in professions needed by the
NIH. In return, the individuals agree to
serve as employees of the NIH in
positions that are needed by the NIH
and for which the individuals are
qualified. The individuals must be
enrolled or accepted for enrollment as
full-time undergraduates at accredited
institutions of higher education and
must be from disadvantaged
backgrounds. Section 487D of the PHS
Act further states that, concerning
penalties for breach of scholarship
contract, the provisions of section 338E
of the PHS Act shall apply to the
program to the same extent and in the
same manner as such provisions apply
to the National Health Service Corps
Loan Repayment Program established in
section 338B.
The 1993 amendment of the PHS act
led to the establishment of the NIH
Undergraduate Scholarship Program
Regarding Professions Needed by
National Research Institutes (UGSP).
The purpose of the program, since it
began selecting participants in 1997, is
to recruit appropriately qualified
undergraduate students from
disadvantaged backgrounds to conduct
research in the intramural research
program as employees of the NIH by
providing scholarship support. The
UGSP provides a diverse and highly
qualified cadre of individuals seeking
careers compatible with NIH
employment opportunities.
The NIH is proposing to amend title
42 of the Code of Federal Regulations by
adding Part 68b to govern the
administration of the UGSP. The
proposed rule establishes program
regulations necessary to implement and
enforce important aspects of the UGSP.
In general, the proposed rule specifies
the scope and purpose of the program,
the eligibility criteria, the application
process, the selection criteria, and the
terms and conditions of the program.
The rationale used by the NIH in
developing the eligibility and selection
criteria of this proposed rule is
explained as follows. For eligibility, the
definition for ‘‘Individual from
SUPPLEMENTARY INFORMATION:
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Disadvantaged Background’’ used in
section § 68b.2 of this proposed rule is
the same definition used for other
similar programs in the Department of
Health and Human Services such as the
NIH Loan Repayment Program and the
Health Resources and Services
Administration Scholarships for
Disadvantaged Students Program. That
is, an individual from a disadvantaged
background, as section § 68b.2 states,
means ‘‘an individual who: (1) Comes
from an environment that inhibited (but
did not prevent) him or her from
obtaining the knowledge, skills, and
abilities required to enroll in an
undergraduate institution; or (2) Comes
from a family with an annual income
below established low-income
thresholds. These low-income
thresholds are based on family size,
published by the U.S. Bureau of the
Census, adjusted annually for changes
in the Consumer Price Index, and
adjusted by the Secretary for use in all
health professions programs.’’
Previously, the UGSP used this
definition, but switched to another
definition that did not take into
consideration any other factors other
than economics in defining ‘‘Individual
from a Disadvantaged Background.’’ The
program used that approach for several
UGSP cycles and noted a decrease in the
qualifications of applicants. The NIH
believes that returning to the original
definition, stated above, will ensure the
largest, most diverse pool of applicants
for the UGSP.
Regarding selection criteria, the
applications are prioritized in § 68b.5 to
give preference to students that have
already completed two years of
undergraduate studies and have
excellent grades in the core science
courses because the NIH wants to
ensure a pool of candidates that likely
possess the traits required to complete
their undergraduate training and their
required service obligation to the NIH.
The NIH invites public comment on
the proposed UGSP regulations. The
following is provided as public
information.
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Regulatory Impact Analysis
We have examined the impacts of this
rule as required by Executive Order
12866, Regulatory Planning and Review
(September 30, 1993); Executive Order
13563, Improving Regulation and
Regulatory Review (January 18, 2011);
the Regulatory Flexibility Act
(September 19, 1980, 5 U.S.C. chapter
6); section 202 of the Unfunded
Mandates Reform Act of 1995 (Pub. L.
104–4); and Executive Order 13132,
Federalism (August 4, 1999).
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Executive Order 12866
Executive Order 12866, supplemented
by Executive Order 13563, directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
if regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety and other advantages,
distributive impacts, and equity). A
regulatory impact analysis must be
prepared for major rules with
economically significant effects ($100
million or more in any 1 year). Based on
our analysis, we believe that the
proposed rulemaking will not constitute
an economically significant regulatory
action. Therefore, a regulatory
assessment is not required.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C., chapter 6) requires agencies to
analyze options that would minimize
any significant impact of the rule on
small entities. For the purpose of this
analysis, small entities include small
business concerns as defined by the
Small Business Administration, usually
businesses with fewer than 500
employees. Applicants who are eligible
to apply for the UGSP are individuals
not small entities. It is certified that this
proposed rulemaking will not have a
significant impact on a significant
number of small entities. Therefore, a
Regulatory Flexibility Analysis is not
required.
Section 202(a) of the Unfunded
Mandates Reform Act of 1995
Section 202(a) of the Unfunded
Mandates Reform Act of 1995 requires
agencies to prepare a written statement
that includes an assessment of
anticipated costs and benefits before
proposing ‘‘any rule that includes any
federal mandate that may result in the
expenditure by state, local, and tribal
organizations, in the aggregate, or by the
private sector, of $100,000,000 or more
(adjusted annually for inflation with
base year of 1995) in any one year.’’ The
inflation-adjusted threshold for 2014 is
approximately $141 million.
Participation in the UGSP is voluntary
and not mandated. Therefore, it is
certified that this proposed rulemaking
does not mandate any spending by state,
local, or tribal government in the
aggregate or by the private sector.
Executive Order 13132
Executive Order 13132, Federalism,
requires that federal agencies consult
with state and local government officials
in the development of regulatory
policies with federalism implications.
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This proposed rulemaking has been
reviewed as required under the
Executive Order and it has been
determined that the proposed
rulemaking does not have any
federalism implications. It is certified
that this proposed rulemaking will not
have an effect on the States or on the
distribution of power and
responsibilities among the various
levels of government.
Paperwork Reduction Act
This proposed rule does not contain
any new information collection
requirements that are subject to Office of
Management and Budget (OMB)
approval under the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35). The application and
contract forms used by the NIH
Undergraduate Scholarship Program
have been approved by OMB under
OMB No. 0925–0299 (expires August
31, 2016).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance-numbered program affected
by the proposed regulations is: 93.187—
NIH Undergraduate Scholarship
Program for Individuals from
Disadvantaged Backgrounds
List of Subjects in 42 CFR Part 68b
Health—medical research; Student
aid—education; Education of
disadvantaged.
For reasons presented in the
preamble, it is proposed to amend title
42 of the Code of Federal Regulations by
adding a new Part 68b to read as set
forth below.
PART 68b—NATIONAL INSTITUTES OF
HEALTH (NIH) UNDERGRADUATE
SCHOLARSHIP PROGRAM
REGARDING PROFESSIONS NEEDED
BY NATIONAL RESEARCH
INSTITUTES (UGSP)
Sec.
68b.1 What is the scope and purpose of the
National Institutes of Health
Undergraduate Scholarship Program
Regarding Professions Needed by
National Research Institutes?
68b.2 Definitions.
68b.3 Who is eligible to apply for a
Scholarship Program award?
68b.4 How is an application made for a
Scholarship Program award?
68b.5 How will applicants be selected to
participate in the Scholarship Program?
68b.6 What will an individual be awarded
for participating in the Scholarship
Program?
68b.7 What does an individual have to do
in return for the Scholarship Program
award?
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68b.8 Under what circumstances can the
period of obligated service be deferred to
complete approved graduate training?
68b.9 What will happen if an individual
does not comply with the terms and
conditions of participating in the
Scholarship Program?
68b.10 When can a Scholarship Program
payment obligation be discharged in
bankruptcy?
68b.11 Under what circumstances can the
service or payment obligation be
canceled, waived, or suspended?
68b.12 What other regulations and statutes
apply?
Director means the Director of the
National Institutes of Health or his/her
designee.
Full-time student means an individual
registered for a sufficient number of
credit hours to be classified as full-time,
as defined by the school attended.
Individual from Disadvantaged
Background means an individual who
(1) comes from an environment that
inhibited (but did not prevent) him or
her from obtaining the knowledge,
skills, and abilities required to enroll in
an undergraduate institution; or (2)
Authority: 42 U.S.C. 288–4.
comes from a family with an annual
income below established low-income
§ 68b.1 What is the scope and purpose of
the National Institutes of Health
thresholds. These low-income
Undergraduate Scholarship Program
thresholds are based on family size,
Regarding Professions Needed by National
published by the U.S. Bureau of the
Research Institutes?
Census, adjusted annually for changes
These regulations apply to the award
in the Consumer Price Index, and
of scholarships under the National
adjusted by the Secretary of Health and
Institutes of Health Undergraduate
Human Services for use in the U.S.
Scholarship Program Regarding
Department of Health and Human
Professions Needed by National
Services’ health professions programs.
Research Institutes, authorized by
The Secretary periodically publishes
section 487D of the Public Health
these income levels in the Federal
Service Act (42 U.S.C. 288–4), to
Register.
undergraduate students attending
Scholarship Program means the
schools, as the term is defined in these
National Institutes of Health
regulations. The purpose of this
Undergraduate Scholarship Program
program is to help ensure an adequate
Regarding Professions Needed by
supply of trained health professionals
National Research Institutes authorized
for the National Institutes of Health,
by section 487D of the Act (42 U.S.C.
which has the mission to uncover new
288–4).
knowledge that will lead to better
Scholarship Program participant or
health.
participant means an individual whose
application to the Scholarship Program
§ 68b.2 Definitions.
has been approved and whose contract
As used in this part:
has been signed by the Director.
Academic year means all or part of a
Scholarship Program Review
9-month period during which an
Committee means the committee that
applicant is enrolled in an
reviews, ranks, and accepts or declines
undergraduate school as a full-time
applications for Program participation.
student.
This committee also ascertains whether
Acceptable level of academic standing a participant will be awarded continued
means the level at which a full-time
scholarship support after his or her
student retains eligibility to continue in initial acceptance.
attendance under the school’s standards
School means a 4-year college or
and practices.
university that (a) is accredited by an
Act means the Public Health Service
agency recognized by the Commission
Act, as amended.
on Recognition of Post-Secondary
Applicant means an individual who
Accreditation and (b) is located in a
applies to and meets the eligibility
State.
criteria for the UGSP.
State means one of the several U.S.
Application means forms that have
States, the District of Columbia, the
been completed in such manner, and
Commonwealth of Puerto Rico, the
containing such agreements, assurances, Northern Mariana Islands, the U.S.
and information, as determined to be
Virgin Islands, Guam, American Samoa,
necessary by the Director.
Palau, Marshall Islands, and the
Approved graduate training means
Federated States of Micronesia.
graduate programs leading to a doctoral§ 68b.3 Who is eligible to apply for a
level degree (e.g., Ph.D., M.D., D.O.,
Scholarship Program award?
D.D.S., D.V.M., M.D./Ph.D., and
equivalent degrees) in a profession
(a) To be eligible for a scholarship
needed by the National Institutes of
under this part, applicants must meet
Health.
the following requirements:
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(1) Applicants must be accepted for
enrollment, or be enrolled, as full-time
undergraduate students in a school;
(2) Applicants must have an overall
grade point average of at least 3.5 or a
3.5 average in their major field of study
(on a 4.0 scale) or be ranked within the
top five percent of their current class (or
those students entering, if applying in
their freshman year);
(3) Applicants must come from a
disadvantaged background as defined by
§ 68b.2;
(4) Applicants must meet the
citizenship requirements for federal
employment; and
(5) Applicants must submit an
application to participate in the
Scholarship Program together with a
signed contract as outlined in sections
487D(a) and (f) of the Act.
(b) Any applicant who owes an
obligation for service to a State or other
entity under an agreement entered into
before filing an application under this
part is ineligible for an award unless a
written statement satisfactory to the
Director is submitted from the State or
entity that:
(1) There is no potential conflict in
fulfilling the service obligation to the
State or entity and the Scholarship
Program, and
(2) The Scholarship Program service
obligation will be served before the
service obligation for professional
practice owed to the State or entity.
§ 68b.4 How is an application made for a
Scholarship Program award?
Each individual desiring a
scholarship under this part must submit
an application (including a signed
contract as required under section
487D(a) of the Act) in such form and
manner as the Director may prescribe.
§ 68b.5 How will applicants be selected to
participate in the Scholarship Program?
(a) General. In deciding which
applications for participation in the
Scholarship Program will be approved,
the Director will place the applications
into categories based upon the selection
priorities described in paragraph (b) of
this section. Except for renewal awards
(see paragraph (e) of this section), the
Director will then evaluate each
applicant under paragraph (c) of this
section.
(b) Priorities. (1) First priority will be
given to applicants who have completed
at least 2 years of undergraduate course
work, including four core science
courses, and are classified by their
educational institutions as juniors or
seniors as of the beginning of the
academic year of scholarship. (Core
science courses include, but are not
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limited to, biology, chemistry, physics,
and calculus.)
(2) Second priority will be given to
applicants who have completed four
core science courses, as defined above.
(3) Third priority will be given to
applicants who are matriculated
freshmen or sophomores.
(c) Selection. In selecting participants
and determining continuation of
program support, the Director will take
into consideration those factors
determined necessary to ensure effective
participation in the Scholarship
Program. These factors may include, but
are not limited to:
(1) Biomedical research experience
and performance,
(2) Academic performance,
(3) Career goals, and
(4) Recommendations.
(d) Duration of Scholarship award.
Subject to the availability of funds
appropriated for the Scholarship
Program, the Director may, at his/her
discretion, award scholarships under
this part for a period of one, two, or
three academic years.
(e) Continuation of scholarship
support. Subject to the availability of
funds for the Scholarship Program, the
Director may continue scholarship
support if:
(1) The participant requests a
continuation of scholarship support;
(2) The scholarship will not extend
the total period of Scholarship Program
support beyond 4 years; and
(3) The participant is eligible for
continued participation in the
Scholarship Program, as determined by
the Scholarship Program Review
Committee.
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§ 68b.6 What will an individual be awarded
for participating in the Scholarship
Program?
(a) Amount of scholarship. (1) Subject
to a maximum annual award of $20,000,
a scholarship award for each school year
will consist of:
(i) Tuition;
(ii) Reasonable educational expenses,
including required fees, books, supplies,
and required educational equipment;
(iii) Reasonable living expenses for
the academic year as documented in the
school’s financial aid budget; and
(iv) For purposes of this section,
‘‘required fees’’ means those fees that
are charged by the school to all students
pursuing a similar curriculum, and
‘‘required educational equipment’’
means educational equipment that must
be purchased by all students pursuing a
similar curriculum at that school.
(2) The Director may enter into an
agreement with the school in which the
participant is enrolled for the direct
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payment of tuition and reasonable
educational expenses on the
participant’s behalf.
(b) Payment of scholarship: Leave-ofabsence; repeated course work. The
Director will suspend scholarship
payments to or on behalf of a participant
if the school:
(1) Approves a leave-of-absence for
the participant for health, personal, or
other reasons; or
(2) Requires the participant to repeat
course work for which the Director has
previously made scholarship payments
under § 68b.6. However, if the repeated
course work does not delay the
participant’s graduation date,
scholarship payments will continue
except for any additional costs relating
to the repeated course work. Any
scholarship payments suspended under
this paragraph will be resumed by the
Director upon notification by the school
that the participant has returned from
the leave-of-absence or has completed
the repeated course work and is
pursuing as a full-time student the
course of study for which the
scholarship was awarded.
§ 68b.7 What does an individual have to do
in return for the Scholarship Program
award?
(a) General. For each academic year of
scholarship support received,
participants must serve as full-time
employees of the National Institutes of
Health:
(1) For not less than 10 consecutive
weeks of each year during which the
participant receives the scholarship; and
(2) For 12 months for each academic
year for which the scholarship has been
provided.
(b) Beginning of service. The period of
obligated service under § 68b.7(a)(2)
must begin within 60 days of obtaining
the undergraduate degree, except for
participants who receive a deferment
under section § 68b.8 below.
§ 68b.8 Under what circumstances can the
period of obligated service be deferred to
complete approved graduate training?
(a) Requested deferment. Upon the
request of any participant receiving an
undergraduate degree, the Director may
defer the beginning date of the obligated
service to allow the participant to
complete an approved graduate training
program. Individuals desiring a
deferment under this part must submit
a request in such form and manner as
the Director may prescribe.
(b) Altering deferment. Before altering
the length or type of approved graduate
training for which the period of
obligated service was deferred under
paragraph (a) of this section, the
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participant must request and obtain the
Director’s approval of the alteration.
(c) Additional terms of deferment.
The Director may prescribe additional
terms and conditions for deferment
under paragraphs (a) and (b) of this
section as necessary to carry out the
purposes of the Scholarship Program.
(d) Beginning of service after
deferment. Any participant whose
period of obligated service has been
deferred under paragraph (a) of this
section must begin the obligated service
within 30 days of the expiration of their
deferment.
§ 68b.9 What will happen if an individual
does not comply with the terms and
conditions of participating in the
Scholarship Program?
(a) When a participant fails to
maintain an acceptable level of
academic standing, is dismissed from
the school for disciplinary reasons, or
voluntarily terminates the course of
study or program for which the
scholarship was awarded before
completing the course of study or
program, the participant must, instead
of performing any service obligation,
pay to the United States an amount
equal to all scholarship funds awarded
under § 68b.6. Payment of this amount
must be made within 3 years of the date
the participant becomes liable to make
payment under this paragraph.
(b) If, for any reason not specified in
§ 68b.11(b), a participant fails to begin
or complete the period of obligated
service incurred under § 68b.7,
including failing to comply with the
applicable terms and conditions of a
deferment granted by the Director, the
participant must pay to the United
States an amount determined by the
penalties set forth in section 487D(e) of
the Act. Payment of this amount shall be
made within one year of the date that
the participant failed to begin or
complete the period of obligated service,
as determined by the Director.
§ 68b.10 When can a Scholarship Program
payment obligation be discharged in
bankruptcy?
Any payment obligation incurred
under § 68b.9 may be discharged in
bankruptcy under Title 11 of the United
States Code only if such discharge is
granted after the expiration of the sevenyear period beginning on the first date
that payment is required and only if the
bankruptcy court finds that a
nondischarge of the obligation would be
unconscionable.
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§ 68b.11 Under what circumstances can
the service or payment obligation be
canceled, waived, or suspended?
(a) Any obligation of a participant for
service or payment to the federal
government under this part will be
canceled upon the death of the
participant.
(b) The Director may waive or
suspend any service or payment
obligation incurred by the participant
upon request whenever compliance by
the participant:
(1) Is impossible, or
(2)(i) Would involve extreme
hardship, and
(ii) If enforcement of the service or
payment obligation would be
unconscionable, as required by section
487 D(e) of the Act, 42 U.S.C. 288–4(e).
(c) The Director may approve a
request for a suspension of the service
or payment obligations for a period of
one year. A renewal of this suspension
may also be granted.
(d) Compliance by a participant with
a service or payment obligation will be
considered impossible if the Director
determines, on the basis of information
and documentation as may be required,
that the participant suffers from a
physical or mental disability resulting
in the permanent inability of the
participant to perform the service or
other activities that would be necessary
to comply with the obligation.
(e) In determining whether to waive
or suspend any or all of the service or
payment obligations of a participant as
imposing an undue hardship and being
against equity and good conscience, the
Director, on the basis of information and
documentation as may be required, will
consider:
(1) the participant’s present financial
resources and obligations;
(2) the participant’s estimated future
financial resources and obligations; and
(3) the extent to which the participant
has problems of a personal nature, such
as physical or mental disability or
terminal illness in the immediate
family, which so intrude on the
participant’s present and future ability
to perform as to raise a presumption that
the individual will be unable to begin or
complete the obligation incurred.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
§ 68b.12 What other regulations and
statutes apply?
Several other regulations and statutes
apply to this part. These include, but are
not necessarily limited to:
(a) Debt Collection Act of 1982 (31
U.S.C. 3701 et seq.);
(b) Debt Collection Improvement Act
of 1996 (31 U.S.C. 3701 note);
(c) Fair Credit Reporting Act (15
U.S.C. 1681 et seq.);
VerDate Mar<15>2010
16:35 May 27, 2014
Jkt 232001
(d) Federal Debt Collection
Procedures Act of 1990 (28 U.S.C. 176);
and
(e) Privacy Act of 1974 (5 U.S.C 552a).
Dated: April 15, 2014.
Francis S. Collins,
Director, National Institutes of Health.
Approved:
Kathleen Sebelius,
Secretary.
[FR Doc. 2014–12180 Filed 5–27–14; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 217, 234, 237, and 252
RIN 0750–AI27
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Special Contracting
Methods, Major System Acquisition,
and Service Contracting (DFARS Case
2014–D004)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
revise and update clauses and their
prescriptions for special contracting
methods, major system acquisition, and
service contracting to create basic and
alternate clauses structured in a manner
to facilitate use of automated contract
writing systems. The rule also includes
the full text of each alternate, rather
than only showing the paragraphs that
differ from the basic clause.
DATES: Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before July 28, 2014, to be
considered in the formation of a final
rule.
SUMMARY:
Submit comments
identified by DFARS Case 2014–D004,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2014–D004’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D004.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
ADDRESSES:
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
30535
name (if any), and ‘‘DFARS Case 2014–
D004’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D004 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Janetta
Brewer, OUSD(AT&L)DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://
www.regulations.gov, approximately
two to three days after submission to
verify posting (except allow 30 days for
posting of comments submitted by
mail).
FOR FURTHER INFORMATION CONTACT:
Ms.
Janetta Brewer, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP/DARS, Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6104.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is undertaking a revision of
provisions and clauses with alternates
and the associated prescriptions, in
order to clarify usage and facilitate the
use of automated contract writing
systems. These proposed changes do not
affect the meaning or applicability of the
provisions or clauses.
II. Discussion
This proposed rule addresses DFARS
parts 217, 234, and 237 clauses that
have alternates. The affected clauses
are—
• 252.217–7000, Exercise of Option to
Fulfill Foreign Military Sales
Commitments, with one alternate;
• 252.234–7003 Notice of Cost and
Software Data Reporting System, with
one alternate;
• 252.234–7004 Cost and Software
Data Reporting System, with one
alternate;
• 252.237–7002 Award to Single
Offeror, with one alternate; and
• 252.237–7016 Delivery Tickets,
with two alternates.
The naming convention results in
proposed new clause titles, e.g.,
Exercise of Option to Fulfill Foreign
Military Sales Commitments—Basic,
and Exercise of Option to Fulfill Foreign
Military Sales Commitments—Alternate
I.
An umbrella prescription is proposed
to be added for the elements common to
E:\FR\FM\28MYP1.SGM
28MYP1
]]>Agencies
[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Proposed Rules]
[Pages 30531-30535]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12180]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
42 CFR Part 68b
RIN 0925-AA10
[Docket No. NIH-2007-0930]
National Institutes of Health Undergraduate Scholarship Program
Regarding Professions Needed by National Research Institutes
AGENCY: National Institutes of Health, HHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The National Institutes of Health (NIH) proposes to issue
regulations to implement provisions of the Public Health Service Act
authorizing the NIH Undergraduate Scholarship Program Regarding
Professions Needed by National Research Institutes (UGSP). The purpose
of the program is to recruit appropriately qualified undergraduate
students from disadvantaged backgrounds to conduct research in the
intramural research program as employees of the NIH by providing
scholarship support.
DATES: Comments must be received on or before July 28, 2014 to ensure
that the NIH will be able to consider the comments in preparing the
final rule.
ADDRESSES: Individuals and organizations interested in submitting
comments, identified by RIN 0925-AA10 and Docket Number NIH-2007-0930,
may do so by any of the following methods:
Electronic Submissions. You may submit electronic comments through
the Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments. The NIH is no longer accepting
comments submitted to the agency by email.
Written Submissions. You may send written submissions in the
following ways:
Fax: 301-402-0169.
Mail: Attention: Jerry Moore, NIH Regulations Officer,
National Institutes of Health, Office of Management Assessment, 6011
Executive Boulevard, Suite 601, MSC 7669, Rockville, MD 20892.
Hand Delivery/Courier (for paper, disk, or CD-ROM
submissions): Attention: Jerry Moore, 6011 Executive Boulevard, Suite
601, Rockville, MD 20892.
Instructions for all Comments. All comments received must include
the agency name, Regulatory Information Number (RIN), and the docket
number for this rulemaking. All comments received may be posted without
change, including any personal information provided.
Docket. For access to the docket to read background documents or
comments received, go to the eRulemaking.gov Portal and insert into the
``Search'' box the docket number ``NIH-2007-0930'' and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Jerry Moore, NIH Regulations Officer,
telephone 301-496-4607 (not a toll-free number).
SUPPLEMENTARY INFORMATION: On June 10, 1993, the NIH Revitalization Act
of 1993 (Pub. L. 103-43) was enacted. Section 1631 of this law amended
the Public Health Service (PHS) Act by adding section 487D (42 U.S.C.
288-4). Section 487D authorizes the Secretary, acting through the
Director of the NIH, to carry out a program of entering into contracts
with individuals under which the Director agrees to provide
scholarships for pursuing, as undergraduates at accredited institutions
of higher education, academic programs appropriate for careers in
professions needed by the NIH. In return, the individuals agree to
serve as employees of the NIH in positions that are needed by the NIH
and for which the individuals are qualified. The individuals must be
enrolled or accepted for enrollment as full-time undergraduates at
accredited institutions of higher education and must be from
disadvantaged backgrounds. Section 487D of the PHS Act further states
that, concerning penalties for breach of scholarship contract, the
provisions of section 338E of the PHS Act shall apply to the program to
the same extent and in the same manner as such provisions apply to the
National Health Service Corps Loan Repayment Program established in
section 338B.
The 1993 amendment of the PHS act led to the establishment of the
NIH Undergraduate Scholarship Program Regarding Professions Needed by
National Research Institutes (UGSP). The purpose of the program, since
it began selecting participants in 1997, is to recruit appropriately
qualified undergraduate students from disadvantaged backgrounds to
conduct research in the intramural research program as employees of the
NIH by providing scholarship support. The UGSP provides a diverse and
highly qualified cadre of individuals seeking careers compatible with
NIH employment opportunities.
The NIH is proposing to amend title 42 of the Code of Federal
Regulations by adding Part 68b to govern the administration of the
UGSP. The proposed rule establishes program regulations necessary to
implement and enforce important aspects of the UGSP. In general, the
proposed rule specifies the scope and purpose of the program, the
eligibility criteria, the application process, the selection criteria,
and the terms and conditions of the program.
The rationale used by the NIH in developing the eligibility and
selection criteria of this proposed rule is explained as follows. For
eligibility, the definition for ``Individual from
[[Page 30532]]
Disadvantaged Background'' used in section Sec. 68b.2 of this proposed
rule is the same definition used for other similar programs in the
Department of Health and Human Services such as the NIH Loan Repayment
Program and the Health Resources and Services Administration
Scholarships for Disadvantaged Students Program. That is, an individual
from a disadvantaged background, as section Sec. 68b.2 states, means
``an individual who: (1) Comes from an environment that inhibited (but
did not prevent) him or her from obtaining the knowledge, skills, and
abilities required to enroll in an undergraduate institution; or (2)
Comes from a family with an annual income below established low-income
thresholds. These low-income thresholds are based on family size,
published by the U.S. Bureau of the Census, adjusted annually for
changes in the Consumer Price Index, and adjusted by the Secretary for
use in all health professions programs.'' Previously, the UGSP used
this definition, but switched to another definition that did not take
into consideration any other factors other than economics in defining
``Individual from a Disadvantaged Background.'' The program used that
approach for several UGSP cycles and noted a decrease in the
qualifications of applicants. The NIH believes that returning to the
original definition, stated above, will ensure the largest, most
diverse pool of applicants for the UGSP.
Regarding selection criteria, the applications are prioritized in
Sec. 68b.5 to give preference to students that have already completed
two years of undergraduate studies and have excellent grades in the
core science courses because the NIH wants to ensure a pool of
candidates that likely possess the traits required to complete their
undergraduate training and their required service obligation to the
NIH.
The NIH invites public comment on the proposed UGSP regulations.
The following is provided as public information.
Regulatory Impact Analysis
We have examined the impacts of this rule as required by Executive
Order 12866, Regulatory Planning and Review (September 30, 1993);
Executive Order 13563, Improving Regulation and Regulatory Review
(January 18, 2011); the Regulatory Flexibility Act (September 19, 1980,
5 U.S.C. chapter 6); section 202 of the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4); and Executive Order 13132, Federalism (August 4,
1999).
Executive Order 12866
Executive Order 12866, supplemented by Executive Order 13563,
directs agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety and other advantages,
distributive impacts, and equity). A regulatory impact analysis must be
prepared for major rules with economically significant effects ($100
million or more in any 1 year). Based on our analysis, we believe that
the proposed rulemaking will not constitute an economically significant
regulatory action. Therefore, a regulatory assessment is not required.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C., chapter 6) requires
agencies to analyze options that would minimize any significant impact
of the rule on small entities. For the purpose of this analysis, small
entities include small business concerns as defined by the Small
Business Administration, usually businesses with fewer than 500
employees. Applicants who are eligible to apply for the UGSP are
individuals not small entities. It is certified that this proposed
rulemaking will not have a significant impact on a significant number
of small entities. Therefore, a Regulatory Flexibility Analysis is not
required.
Section 202(a) of the Unfunded Mandates Reform Act of 1995
Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
agencies to prepare a written statement that includes an assessment of
anticipated costs and benefits before proposing ``any rule that
includes any federal mandate that may result in the expenditure by
state, local, and tribal organizations, in the aggregate, or by the
private sector, of $100,000,000 or more (adjusted annually for
inflation with base year of 1995) in any one year.'' The inflation-
adjusted threshold for 2014 is approximately $141 million.
Participation in the UGSP is voluntary and not mandated. Therefore, it
is certified that this proposed rulemaking does not mandate any
spending by state, local, or tribal government in the aggregate or by
the private sector.
Executive Order 13132
Executive Order 13132, Federalism, requires that federal agencies
consult with state and local government officials in the development of
regulatory policies with federalism implications. This proposed
rulemaking has been reviewed as required under the Executive Order and
it has been determined that the proposed rulemaking does not have any
federalism implications. It is certified that this proposed rulemaking
will not have an effect on the States or on the distribution of power
and responsibilities among the various levels of government.
Paperwork Reduction Act
This proposed rule does not contain any new information collection
requirements that are subject to Office of Management and Budget (OMB)
approval under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter
35). The application and contract forms used by the NIH Undergraduate
Scholarship Program have been approved by OMB under OMB No. 0925-0299
(expires August 31, 2016).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance-numbered program
affected by the proposed regulations is: 93.187--NIH Undergraduate
Scholarship Program for Individuals from Disadvantaged Backgrounds
List of Subjects in 42 CFR Part 68b
Health--medical research; Student aid--education; Education of
disadvantaged.
For reasons presented in the preamble, it is proposed to amend
title 42 of the Code of Federal Regulations by adding a new Part 68b to
read as set forth below.
PART 68b--NATIONAL INSTITUTES OF HEALTH (NIH) UNDERGRADUATE
SCHOLARSHIP PROGRAM REGARDING PROFESSIONS NEEDED BY NATIONAL
RESEARCH INSTITUTES (UGSP)
Sec.
68b.1 What is the scope and purpose of the National Institutes of
Health Undergraduate Scholarship Program Regarding Professions
Needed by National Research Institutes?
68b.2 Definitions.
68b.3 Who is eligible to apply for a Scholarship Program award?
68b.4 How is an application made for a Scholarship Program award?
68b.5 How will applicants be selected to participate in the
Scholarship Program?
68b.6 What will an individual be awarded for participating in the
Scholarship Program?
68b.7 What does an individual have to do in return for the
Scholarship Program award?
[[Page 30533]]
68b.8 Under what circumstances can the period of obligated service
be deferred to complete approved graduate training?
68b.9 What will happen if an individual does not comply with the
terms and conditions of participating in the Scholarship Program?
68b.10 When can a Scholarship Program payment obligation be
discharged in bankruptcy?
68b.11 Under what circumstances can the service or payment
obligation be canceled, waived, or suspended?
68b.12 What other regulations and statutes apply?
Authority: 42 U.S.C. 288-4.
Sec. 68b.1 What is the scope and purpose of the National Institutes
of Health Undergraduate Scholarship Program Regarding Professions
Needed by National Research Institutes?
These regulations apply to the award of scholarships under the
National Institutes of Health Undergraduate Scholarship Program
Regarding Professions Needed by National Research Institutes,
authorized by section 487D of the Public Health Service Act (42 U.S.C.
288-4), to undergraduate students attending schools, as the term is
defined in these regulations. The purpose of this program is to help
ensure an adequate supply of trained health professionals for the
National Institutes of Health, which has the mission to uncover new
knowledge that will lead to better health.
Sec. 68b.2 Definitions.
As used in this part:
Academic year means all or part of a 9-month period during which an
applicant is enrolled in an undergraduate school as a full-time
student.
Acceptable level of academic standing means the level at which a
full-time student retains eligibility to continue in attendance under
the school's standards and practices.
Act means the Public Health Service Act, as amended.
Applicant means an individual who applies to and meets the
eligibility criteria for the UGSP.
Application means forms that have been completed in such manner,
and containing such agreements, assurances, and information, as
determined to be necessary by the Director.
Approved graduate training means graduate programs leading to a
doctoral-level degree (e.g., Ph.D., M.D., D.O., D.D.S., D.V.M., M.D./
Ph.D., and equivalent degrees) in a profession needed by the National
Institutes of Health.
Director means the Director of the National Institutes of Health or
his/her designee.
Full-time student means an individual registered for a sufficient
number of credit hours to be classified as full-time, as defined by the
school attended.
Individual from Disadvantaged Background means an individual who
(1) comes from an environment that inhibited (but did not prevent) him
or her from obtaining the knowledge, skills, and abilities required to
enroll in an undergraduate institution; or (2) comes from a family with
an annual income below established low-income thresholds. These low-
income thresholds are based on family size, published by the U.S.
Bureau of the Census, adjusted annually for changes in the Consumer
Price Index, and adjusted by the Secretary of Health and Human Services
for use in the U.S. Department of Health and Human Services' health
professions programs. The Secretary periodically publishes these income
levels in the Federal Register.
Scholarship Program means the National Institutes of Health
Undergraduate Scholarship Program Regarding Professions Needed by
National Research Institutes authorized by section 487D of the Act (42
U.S.C. 288-4).
Scholarship Program participant or participant means an individual
whose application to the Scholarship Program has been approved and
whose contract has been signed by the Director.
Scholarship Program Review Committee means the committee that
reviews, ranks, and accepts or declines applications for Program
participation. This committee also ascertains whether a participant
will be awarded continued scholarship support after his or her initial
acceptance.
School means a 4-year college or university that (a) is accredited
by an agency recognized by the Commission on Recognition of Post-
Secondary Accreditation and (b) is located in a State.
State means one of the several U.S. States, the District of
Columbia, the Commonwealth of Puerto Rico, the Northern Mariana
Islands, the U.S. Virgin Islands, Guam, American Samoa, Palau, Marshall
Islands, and the Federated States of Micronesia.
Sec. 68b.3 Who is eligible to apply for a Scholarship Program award?
(a) To be eligible for a scholarship under this part, applicants
must meet the following requirements:
(1) Applicants must be accepted for enrollment, or be enrolled, as
full-time undergraduate students in a school;
(2) Applicants must have an overall grade point average of at least
3.5 or a 3.5 average in their major field of study (on a 4.0 scale) or
be ranked within the top five percent of their current class (or those
students entering, if applying in their freshman year);
(3) Applicants must come from a disadvantaged background as defined
by Sec. 68b.2;
(4) Applicants must meet the citizenship requirements for federal
employment; and
(5) Applicants must submit an application to participate in the
Scholarship Program together with a signed contract as outlined in
sections 487D(a) and (f) of the Act.
(b) Any applicant who owes an obligation for service to a State or
other entity under an agreement entered into before filing an
application under this part is ineligible for an award unless a written
statement satisfactory to the Director is submitted from the State or
entity that:
(1) There is no potential conflict in fulfilling the service
obligation to the State or entity and the Scholarship Program, and
(2) The Scholarship Program service obligation will be served
before the service obligation for professional practice owed to the
State or entity.
Sec. 68b.4 How is an application made for a Scholarship Program
award?
Each individual desiring a scholarship under this part must submit
an application (including a signed contract as required under section
487D(a) of the Act) in such form and manner as the Director may
prescribe.
Sec. 68b.5 How will applicants be selected to participate in the
Scholarship Program?
(a) General. In deciding which applications for participation in
the Scholarship Program will be approved, the Director will place the
applications into categories based upon the selection priorities
described in paragraph (b) of this section. Except for renewal awards
(see paragraph (e) of this section), the Director will then evaluate
each applicant under paragraph (c) of this section.
(b) Priorities. (1) First priority will be given to applicants who
have completed at least 2 years of undergraduate course work, including
four core science courses, and are classified by their educational
institutions as juniors or seniors as of the beginning of the academic
year of scholarship. (Core science courses include, but are not
[[Page 30534]]
limited to, biology, chemistry, physics, and calculus.)
(2) Second priority will be given to applicants who have completed
four core science courses, as defined above.
(3) Third priority will be given to applicants who are matriculated
freshmen or sophomores.
(c) Selection. In selecting participants and determining
continuation of program support, the Director will take into
consideration those factors determined necessary to ensure effective
participation in the Scholarship Program. These factors may include,
but are not limited to:
(1) Biomedical research experience and performance,
(2) Academic performance,
(3) Career goals, and
(4) Recommendations.
(d) Duration of Scholarship award. Subject to the availability of
funds appropriated for the Scholarship Program, the Director may, at
his/her discretion, award scholarships under this part for a period of
one, two, or three academic years.
(e) Continuation of scholarship support. Subject to the
availability of funds for the Scholarship Program, the Director may
continue scholarship support if:
(1) The participant requests a continuation of scholarship support;
(2) The scholarship will not extend the total period of Scholarship
Program support beyond 4 years; and
(3) The participant is eligible for continued participation in the
Scholarship Program, as determined by the Scholarship Program Review
Committee.
Sec. 68b.6 What will an individual be awarded for participating in
the Scholarship Program?
(a) Amount of scholarship. (1) Subject to a maximum annual award of
$20,000, a scholarship award for each school year will consist of:
(i) Tuition;
(ii) Reasonable educational expenses, including required fees,
books, supplies, and required educational equipment;
(iii) Reasonable living expenses for the academic year as
documented in the school's financial aid budget; and
(iv) For purposes of this section, ``required fees'' means those
fees that are charged by the school to all students pursuing a similar
curriculum, and ``required educational equipment'' means educational
equipment that must be purchased by all students pursuing a similar
curriculum at that school.
(2) The Director may enter into an agreement with the school in
which the participant is enrolled for the direct payment of tuition and
reasonable educational expenses on the participant's behalf.
(b) Payment of scholarship: Leave-of-absence; repeated course work.
The Director will suspend scholarship payments to or on behalf of a
participant if the school:
(1) Approves a leave-of-absence for the participant for health,
personal, or other reasons; or
(2) Requires the participant to repeat course work for which the
Director has previously made scholarship payments under Sec. 68b.6.
However, if the repeated course work does not delay the participant's
graduation date, scholarship payments will continue except for any
additional costs relating to the repeated course work. Any scholarship
payments suspended under this paragraph will be resumed by the Director
upon notification by the school that the participant has returned from
the leave-of-absence or has completed the repeated course work and is
pursuing as a full-time student the course of study for which the
scholarship was awarded.
Sec. 68b.7 What does an individual have to do in return for the
Scholarship Program award?
(a) General. For each academic year of scholarship support
received, participants must serve as full-time employees of the
National Institutes of Health:
(1) For not less than 10 consecutive weeks of each year during
which the participant receives the scholarship; and
(2) For 12 months for each academic year for which the scholarship
has been provided.
(b) Beginning of service. The period of obligated service under
Sec. 68b.7(a)(2) must begin within 60 days of obtaining the
undergraduate degree, except for participants who receive a deferment
under section Sec. 68b.8 below.
Sec. 68b.8 Under what circumstances can the period of obligated
service be deferred to complete approved graduate training?
(a) Requested deferment. Upon the request of any participant
receiving an undergraduate degree, the Director may defer the beginning
date of the obligated service to allow the participant to complete an
approved graduate training program. Individuals desiring a deferment
under this part must submit a request in such form and manner as the
Director may prescribe.
(b) Altering deferment. Before altering the length or type of
approved graduate training for which the period of obligated service
was deferred under paragraph (a) of this section, the participant must
request and obtain the Director's approval of the alteration.
(c) Additional terms of deferment. The Director may prescribe
additional terms and conditions for deferment under paragraphs (a) and
(b) of this section as necessary to carry out the purposes of the
Scholarship Program.
(d) Beginning of service after deferment. Any participant whose
period of obligated service has been deferred under paragraph (a) of
this section must begin the obligated service within 30 days of the
expiration of their deferment.
Sec. 68b.9 What will happen if an individual does not comply with the
terms and conditions of participating in the Scholarship Program?
(a) When a participant fails to maintain an acceptable level of
academic standing, is dismissed from the school for disciplinary
reasons, or voluntarily terminates the course of study or program for
which the scholarship was awarded before completing the course of study
or program, the participant must, instead of performing any service
obligation, pay to the United States an amount equal to all scholarship
funds awarded under Sec. 68b.6. Payment of this amount must be made
within 3 years of the date the participant becomes liable to make
payment under this paragraph.
(b) If, for any reason not specified in Sec. 68b.11(b), a
participant fails to begin or complete the period of obligated service
incurred under Sec. 68b.7, including failing to comply with the
applicable terms and conditions of a deferment granted by the Director,
the participant must pay to the United States an amount determined by
the penalties set forth in section 487D(e) of the Act. Payment of this
amount shall be made within one year of the date that the participant
failed to begin or complete the period of obligated service, as
determined by the Director.
Sec. 68b.10 When can a Scholarship Program payment obligation be
discharged in bankruptcy?
Any payment obligation incurred under Sec. 68b.9 may be discharged
in bankruptcy under Title 11 of the United States Code only if such
discharge is granted after the expiration of the seven-year period
beginning on the first date that payment is required and only if the
bankruptcy court finds that a nondischarge of the obligation would be
unconscionable.
[[Page 30535]]
Sec. 68b.11 Under what circumstances can the service or payment
obligation be canceled, waived, or suspended?
(a) Any obligation of a participant for service or payment to the
federal government under this part will be canceled upon the death of
the participant.
(b) The Director may waive or suspend any service or payment
obligation incurred by the participant upon request whenever compliance
by the participant:
(1) Is impossible, or
(2)(i) Would involve extreme hardship, and
(ii) If enforcement of the service or payment obligation would be
unconscionable, as required by section 487 D(e) of the Act, 42 U.S.C.
288-4(e).
(c) The Director may approve a request for a suspension of the
service or payment obligations for a period of one year. A renewal of
this suspension may also be granted.
(d) Compliance by a participant with a service or payment
obligation will be considered impossible if the Director determines, on
the basis of information and documentation as may be required, that the
participant suffers from a physical or mental disability resulting in
the permanent inability of the participant to perform the service or
other activities that would be necessary to comply with the obligation.
(e) In determining whether to waive or suspend any or all of the
service or payment obligations of a participant as imposing an undue
hardship and being against equity and good conscience, the Director, on
the basis of information and documentation as may be required, will
consider:
(1) the participant's present financial resources and obligations;
(2) the participant's estimated future financial resources and
obligations; and
(3) the extent to which the participant has problems of a personal
nature, such as physical or mental disability or terminal illness in
the immediate family, which so intrude on the participant's present and
future ability to perform as to raise a presumption that the individual
will be unable to begin or complete the obligation incurred.
Sec. 68b.12 What other regulations and statutes apply?
Several other regulations and statutes apply to this part. These
include, but are not necessarily limited to:
(a) Debt Collection Act of 1982 (31 U.S.C. 3701 et seq.);
(b) Debt Collection Improvement Act of 1996 (31 U.S.C. 3701 note);
(c) Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);
(d) Federal Debt Collection Procedures Act of 1990 (28 U.S.C. 176);
and
(e) Privacy Act of 1974 (5 U.S.C 552a).
Dated: April 15, 2014.
Francis S. Collins,
Director, National Institutes of Health. Approved:
Kathleen Sebelius,
Secretary.
[FR Doc. 2014-12180 Filed 5-27-14; 8:45 am]
BILLING CODE 4140-01-P
