National Institutes of Health Undergraduate Scholarship Program Regarding Professions Needed by National Research Institutes, 48272-48277 [2015-19739]
Download as PDF
<![CDATA[
48272
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
42 CFR part 84—Tests and
Requirements for Certification and
Approval of Respiratory Protective
Devices’’ (OMB Control No. 0920–0109,
exp. November 30, 2017), which covers
information collected under 42 CFR part
84. This rulemaking does not increase
the reporting burden on respirator
manufacturers.
H. Executive Order 13045 (Protection of
Children From Environmental Health
Risks and Safety Risks)
In accordance with Executive Order
13045, HHS has evaluated the
environmental health and safety effects
of this rule on children. HHS has
determined that the rule would have no
effect on children.
D. Small Business Regulatory
Enforcement Fairness Act
I. Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use)
In accordance with Executive Order
13211, HHS has evaluated the effects of
this rule on energy supply, distribution
or use, and has determined that the rule
will not have a significant adverse
effect.
As required by Congress under the
Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 801 et
seq.), the Department will report the
promulgation of this rule to Congress
prior to its effective date. The report
will state that the Department has
concluded that this rule is not a ‘‘major
rule’’ because it is not likely to result in
an annual effect on the economy of $100
million or more.
E. Unfunded Mandates Reform Act of
1995
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531 et
seq.) directs agencies to assess the
effects of Federal regulatory actions on
State, local, and tribal governments, and
the private sector ‘‘other than to the
extent that such regulations incorporate
requirements specifically set forth in
law.’’ For purposes of the Unfunded
Mandates Reform Act, this rule does not
include any Federal mandate that may
result in increased annual expenditures
in excess of $100 million by State, local
or tribal governments in the aggregate,
or by the private sector.
F. Executive Order 12988 (Civil Justice)
This rule has been drafted and
reviewed in accordance with Executive
Order 12988, ‘‘Civil Justice Reform,’’
and will not unduly burden the Federal
court system. NIOSH has provided clear
deadline extension requirements that
will be applied uniformly to all
applications from manufacturers of
CCERs in certain categories. This rule
has been reviewed carefully to eliminate
drafting errors and ambiguities.
mstockstill on DSK4VPTVN1PROD with RULES
G. Executive Order 13132 (Federalism)
The Department has reviewed this
rule in accordance with Executive Order
13132 regarding federalism, and has
determined that it does not have
‘‘federalism implications.’’ The rule
does not ‘‘have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
J. Plain Writing Act of 2010
Under Public Law 111–274 (October
13, 2010), executive Departments and
Agencies are required to use plain
language in documents that explain to
the public how to comply with a
requirement the Federal Government
administers or enforces. HHS has
attempted to use plain language in
promulgating the final rule consistent
with the Federal Plain Writing Act
guidelines.
List of Subjects in 42 CFR Part 84
Incorporation by reference, Mine
safety and health, Occupational safety
and health, Personal protective
equipment, Respirators.
Final Rule
For the reasons discussed in the
preamble, the Department of Health and
Human Services amends 42 CFR part 84
as follows:
PART 84—APPROVAL OF
RESPIRATORY PROTECTIVE DEVICES
1. The authority citation for part 84 is
revised to read as follows:
■
Authority: 29 U.S.C. 651 et seq.; 30 U.S.C.
3, 5, 7, 811, 842(h), 844.
■
2. Revise § 84.301 to read as follows:
§ 84.301 Applicability to new and
previously approved CCERs.
(a) The continued manufacturing,
labeling, and sale of CCERs previously
approved under subpart H is authorized
for units intended to be used in mining
applications with durations comparable
to Cap 1 (all CCERs with a rated service
time ≤20 minutes), and units intended
to be used in mining and non-mining
applications with durations comparable
to Cap 3 (all CCERs with a rated service
time ≥50 minutes), until 1 year after the
date of the first NIOSH approval of a
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
respirator model under each respective
category specified.
(b) Any manufacturer-requested
modification to a device approved
under the former subpart H standard
must comply with the former subpart H
standard and address an identified
worker safety or health concern to be
granted an extension of the NIOSH
approval. Major modifications to the
configuration that will result in a new
approval number must meet and be
issued approvals under the
requirements of this subpart O.
(c) This subpart O applies to all
CCERs submitted to NIOSH for a
certificate of approval after April 9,
2012.
Dated: August 5, 2015.
Sylvia M. Burwell,
Secretary, Department of Health and Human
Services.
[FR Doc. 2015–19750 Filed 8–11–15; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
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:
Final rule.
The National Institutes of
Health (NIH), through the Department of
Health and Human Services (HHS), is
issuing 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: This final rule is effective
September 11, 2015.
FOR FURTHER INFORMATION CONTACT: Jerry
Moore, NIH Regulations Officer, Office
of Management Assessment, NIH, 6011
Executive Boulevard, Room 601, MSC
7669, Rockville MD 20852; by email at
jm40z@nih.gov; by fax on 301–402–0169
(not a toll-free number); or by telephone
SUMMARY:
E:\FR\FM\12AUR1.SGM
12AUR1
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
on 301–496–4607 (not a toll-free
number).
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 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 amending title 42 of the
Code of Federal Regulations by adding
Part 68b governing the administration of
the UGSP. This final rule establishes
program regulations necessary to
implement and enforce important
aspects of the UGSP. In general, this
final 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 final rule is explained as
follows. For eligibility, the definition for
‘‘Individual from Disadvantaged
mstockstill on DSK4VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
Background’’ used in section § 68b.2 of
this proposed rule is the same definition
used for other similar programs in HHS
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 announced its intentions to
take this rulemaking action, through
HHS, in the notice of proposed
rulemaking (NPRM) titled ‘‘National
Institutes of Health Undergraduate
Scholarship Program Regarding
Professions Needed by National
Research Institutes’’ published in the
Federal Register on May 28, 2014 (79
FR 30531–30535). In the NPRM we
provided a sixty day public comment
period. The comment period expired
July 28, 2014. We received a total of two
comments. One respondent questioned
the need for the program, and expressed
concerns about the impact of
government spending on taxpayers. This
respondent stated that the program was
‘‘an unnecessary gouging of taxpayers’’
and that ‘‘graduate students can pay
their own way and do not need to be
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
48273
coddled by taking tax dollars from
working people making $30,000 a year.’’
We disagree with these comments and
did not consider other comments made
by the respondent as relevant because
the comments did not specifically
address the proposed regulations. The
UGSP does not provide scholarship
support to graduate or professional
school students. Furthermore, for the
past 15 years, the UGSP has been
instrumental in funding over 200
undergraduate students from
disadvantaged backgrounds. With the
support of the UGSP, 59 percent of these
students have gone onto acquire a
terminal graduate degree and 23 percent
are currently pursuing terminal graduate
degrees. Many of these students could
not foresee completing their
undergraduate academic training
without UGSP support. The UGSP has
been very successful at creating a very
high caliber cadre of professionals who
effectively support the ongoing
biomedical research and public health
goals of NIH.
The second respondent expressed
concern that the rule might have an
internal conflict between eligibility and
selection criteria set forth in § 68b.2 and
§ 68b.5, respectively. The respondent
suggested that matriculating through the
first two years of undergraduate studies
and achieving junior and senior class
undergraduate status indicates that an
individual has overcome obstacles that
would have rendered the individual
disadvantaged, therefore placing
priority on recruiting undergraduate
students at the junior and senior year
grade levels would be contradictory and
it undermines the program’s initiative to
recruit students from disadvantaged
backgrounds.
We disagree with the respondent’s
reasoning. Accomplishing academic
success and research experience does
not preclude or nullify environmental or
financial disadvantage. Disadvantaged
backgrounds affect individuals at a host
of training levels, which is evidenced by
the NIH Loan Repayment Programs and
other Federal aid programs for
professionals that recognize and award
individuals from disadvantaged
backgrounds after achieving a fair
amount of success, i.e., matriculation
into and graduation from professional
school).
The UGSP has very specific reasons
for placing priority on recruiting
upperclassman candidates. First,
students who have matriculated into
their junior and senior years of
undergraduate study have usually
completed the challenging core courses
required to pursue research-specific
careers. Since students selected into the
E:\FR\FM\12AUR1.SGM
12AUR1
48274
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
UGSP are under contract to maintain a
minimum 3.5 GPA, this achievement
minimizes the potential for attrition due
to academic performance below the
required eligible GPA. Additionally, this
early achievement also greatly solidifies
a candidate’s choice to seek a researchcentered career. Furthermore, these
upperclassman students also are more
likely already to have had a research
experience, giving them an opportunity
to explore whether they enjoy research
and are committed to a career path
where a post-graduation work
commitment at NIH would be
beneficial. Combined these criteria
increase the UGSP’s likelihood of
selecting a high performing student that
will complete their undergraduate
studies and successfully pursue a career
that involves some aspect of social,
behavioral or biomedical research. This
specific pool of academically successful
junior and senior undergraduate
candidates also frequently meets the
exceptional financial need criteria and
qualifies as being from a disadvantaged
background. Therefore, the eligibility
criteria in § 68b.2 and the selection
criteria in § 68b.5 are not in conflict,
and placing priority on selecting junior
and senior undergraduates allow the
UGSP to accomplish the objectives of
both sets of criteria.
Consequently, we did not make any
changes to what we proposed in the
previous NPRM in response to the two
public comments that we received. The
final rule is the same as what we
proposed in the previous NPRM.
The following is provided as public
information.
mstockstill on DSK4VPTVN1PROD with RULES
Regulatory Impact Analysis
We have examined the impacts of this
final 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
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
prepared for major rules with
economically significant effects ($100
million or more in any 1 year). Based on
our analysis, we believe that the final
rule is not a major rule and it 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
and not small entities. It is certified that
this final rule 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 final rule 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 final rule 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 final rule will not have an
effect on the States or on the
distribution of power and
responsibilities among the various
levels of government.
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Paperwork Reduction Act
This final 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
Education of disadvantaged, Health—
medical research, Student aid—
education.
For reasons presented in the
preamble, title 42 of the Code of Federal
Regulations is amended by adding 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?
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?
E:\FR\FM\12AUR1.SGM
12AUR1
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
68b.12 What other regulations and statutes
apply?
(ii) Comes from a family with an
annual income below established lowincome thresholds.
Authority: 42 U.S.C. 288–4.
(2) These low-income thresholds are
§ 68b.1 What is the scope and purpose of
based on family size, published by the
the National Institutes of Health
U.S. Bureau of the Census, adjusted
Undergraduate Scholarship Program
annually for changes in the Consumer
Regarding Professions Needed by National
Price Index, and adjusted by the
Research Institutes?
Secretary of Health and Human Services
This part applies to the award of
for use in the U.S. Department of Health
scholarships under the National
and Human Services’ health professions
Institutes of Health Undergraduate
programs. The Secretary periodically
Scholarship Program Regarding
publishes these income levels in the
Professions Needed by National
Federal Register.
Research Institutes, authorized by
Scholarship Program means the
section 487D of the Public Health
National Institutes of Health
Service Act (42 U.S.C. 288–4), to
Undergraduate Scholarship Program
undergraduate students attending
Regarding Professions Needed by
schools, as the term is defined in this
National Research Institutes authorized
part. The purpose of this program is to
by section 487D of the Act (42 U.S.C.
help ensure an adequate supply of
288–4).
trained health professionals for the
Scholarship Program participant or
National Institutes of Health, which has participant means an individual whose
the mission to uncover new knowledge
application to the Scholarship Program
that will lead to better health.
has been approved and whose contract
has been signed by the Director.
§ 68b.2 Definitions.
Scholarship Program Review
As used in this part:
Committee means the committee that
Academic year means all or part of a
reviews, ranks, and accepts or declines
9-month period during which an
applications for Program participation.
applicant is enrolled in an
This committee also ascertains whether
undergraduate school as a full-time
a participant will be awarded continued
student.
scholarship support after his or her
Acceptable level of academic standing
initial acceptance.
means the level at which a full-time
School means a 4-year college or
student retains eligibility to continue in university that:
attendance under the school’s standards
(1) Is accredited by an agency
and practices.
recognized by the Commission on
Act means the Public Health Service
Recognition of Post-Secondary
Act, as amended.
Accreditation; and
Applicant means an individual who
(2) Is located in a State.
applies to and meets the eligibility
State means one of the several U.S.
criteria for the UGSP.
States, the District of Columbia, the
Application means forms that have
Commonwealth of Puerto Rico, the
been completed in such manner, and
Northern Mariana Islands, the U.S.
containing such agreements, assurances, Virgin Islands, Guam, American Samoa,
and information, as determined to be
Palau, Marshall Islands, and the
necessary by the Director.
Federated States of Micronesia.
Approved graduate training means
graduate programs leading to a doctoral- 68b.3 Who is eligible to apply for a
Scholarship Program award?
level degree (e.g., Ph.D., M.D., D.O.,
(a) To be eligible for a scholarship
D.D.S., D.V.M., M.D./Ph.D., and
under this part, applicants must meet
equivalent degrees) in a profession
the following requirements:
needed by the National Institutes of
(1) Applicants must be accepted for
Health.
enrollment, or be enrolled, as full-time
Director means the Director of the
undergraduate students in a school;
National Institutes of Health or his/her
(2) Applicants must have an overall
designee.
Full-time student means an individual grade point average of at least 3.5 or a
3.5 average in their major field of study
registered for a sufficient number of
credit hours to be classified as full-time, (on a 4.0 scale) or be ranked within the
top five percent of their current class (or
as defined by the school attended.
Individual from Disadvantaged
those students entering, if applying in
Background means:
their freshman year);
(1) An individual who—
(3) Applicants must come from a
(i) Comes from an environment that
disadvantaged background as defined by
inhibited (but did not prevent) him or
§ 68b.2;
her from obtaining the knowledge,
(4) Applicants must meet the
skills, and abilities required to enroll in citizenship requirements for federal
an undergraduate institution; or
employment; and
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
48275
(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
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:
E:\FR\FM\12AUR1.SGM
12AUR1
48276
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
(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.
mstockstill on DSK4VPTVN1PROD with RULES
§ 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-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
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
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.9 What will happen if an individual
does not comply with the terms and
conditions of participating in the
Scholarship Program?
(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 paragraph (a)(2)
of this section must begin within 60
days of obtaining the undergraduate
degree, except for participants who
receive a deferment under § 68b.8.
(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 (a).
(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.8 Under what circumstances can the
period of obligated service be deferred to
complete approved graduate training?
§ 68b.10 When can a Scholarship Program
payment obligation be discharged in
bankruptcy?
(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.
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.
§ 68b.7 What does an individual have to do
in return for the Scholarship Program
award?
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
§ 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).
E:\FR\FM\12AUR1.SGM
12AUR1
Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Rules and Regulations
(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.
§ 68b.12 What other regulations and
statutes apply?
mstockstill on DSK4VPTVN1PROD with RULES
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: March 27, 2015.
Francis S. Collins,
Director, National Institutes of Health.
Approved: July 29, 2015.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2015–19739 Filed 8–11–15; 8:45 am]
BILLING CODE 4140–01–P
VerDate Sep<11>2014
18:35 Aug 11, 2015
Jkt 235001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 150305220–5683–02]
RIN 0648–BE76
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Regulatory
Amendment 22
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement Regulatory Amendment 22
to the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic Region (FMP)(Regulatory
Amendment 22), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). This
final rule revises the annual catch limits
(ACLs) for gag grouper (gag) and
wreckfish and the directed commercial
quota for gag, based upon revisions to
the acceptable biological catch (ABC)
and the optimum yield (OY) for gag and
wreckfish. The purpose of this final rule
is to help achieve OY and prevent
overfishing of gag and wreckfish in the
South Atlantic region while minimizing,
to the extent practicable, adverse social
and economic effects to the snappergrouper fishery.
DATES: This rule is effective September
11, 2015, except for the amendments to
§§ 622.190(b) and 622.193(r)(1) which
are effective August 12, 2015.
ADDRESSES: Electronic copies of
Regulatory Amendment 22, which
includes an environmental assessment,
a Regulatory Flexibility Act (RFA)
analysis, and a regulatory impact
review, may be obtained from the
Southeast Regional Office Web site at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/s_atl/sg/2015/reg_am22/
index.html.
FOR FURTHER INFORMATION CONTACT:
Mary Janine Vara, telephone: 727–824–
5305, email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: Gag and
wreckfish are in the snapper-grouper
fishery and are managed under the FMP.
The FMP was prepared by the Council
and is implemented through regulations
at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
SUMMARY:
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
48277
On June 4, 2015, NMFS published a
proposed rule for Regulatory
Amendment 22 and requested public
comment through July 6, 2015 (80 FR
31880). The proposed rule and
Regulatory Amendment 22 set forth the
rationale for the actions contained in
this final rule. A summary of the actions
implemented by Regulatory
Amendment 22 and this final rule is
provided below.
Management Measures Contained in
This Final Rule
This final rule revises the commercial
and recreational ACLs and directed
commercial quotas for gag for the 2015
through the 2019 fishing years and
subsequent fishing years, and revises
the commercial and recreational ACLs
for wreckfish for the 2015 through the
2020 fishing years and subsequent
fishing years.
Comments and Responses
NMFS received a total of six unique
comment submissions (some containing
several comments) from three
individuals, two fishing associations,
and one Federal agency on Regulatory
Amendment 22 and the proposed rule.
Two comments were supportive of the
actions contained in the regulatory
amendment and proposed rule, one
comment stated the commenter had no
comments, and three of the comments
expressed concerns regarding red
snapper regulations, venting fish,
fishery closures, sector allocations, tag
programs, reporting requirements, and
changing the Marine Recreational
Information Program on accuracy and
reliability; NMFS determined these
comments were beyond the scope of the
proposed rule and, therefore, they have
not been addressed in this final rule. A
summary of the comments relevant to
Regulatory Amendment 22 and the
proposed rule and NMFS’s responses
are included below.
Comment 1: One commenter
questioned whether the 2012, 2013, and
2014 catch years were included in the
gag stock assessment, and asked why
the recreational ACL will be lowered
when the recreational sector caught only
a percentage of the recreational ACL
during those 3 years.
Response: The stock assessment for
gag was initially conducted in 2006 and
then updated in 2014 using data
through 2012, and the recreational ACL
is changing because of that stock
assessment. Based on that stock
assessment, the Council’s Scientific and
Statistical Committee (SSC)
recommended new ABC levels for gag.
This final rule sets the total ACL equal
to 95 percent of the SSC’s recommended
E:\FR\FM\12AUR1.SGM
12AUR1
]]>Agencies
[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Rules and Regulations]
[Pages 48272-48277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19739]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Institutes of Health (NIH), through the
Department of Health and Human Services (HHS), is issuing 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: This final rule is effective September 11, 2015.
FOR FURTHER INFORMATION CONTACT: Jerry Moore, NIH Regulations Officer,
Office of Management Assessment, NIH, 6011 Executive Boulevard, Room
601, MSC 7669, Rockville MD 20852; by email at jm40z@nih.gov; by fax on
301-402-0169 (not a toll-free number); or by telephone
[[Page 48273]]
on 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
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 amending title 42 of the Code of Federal Regulations by
adding Part 68b governing the administration of the UGSP. This final
rule establishes program regulations necessary to implement and enforce
important aspects of the UGSP. In general, this final 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 final rule is explained as follows. For
eligibility, the definition for ``Individual from Disadvantaged
Background'' used in section Sec. 68b.2 of this proposed rule is the
same definition used for other similar programs in HHS 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 announced its intentions to take this rulemaking action,
through HHS, in the notice of proposed rulemaking (NPRM) titled
``National Institutes of Health Undergraduate Scholarship Program
Regarding Professions Needed by National Research Institutes''
published in the Federal Register on May 28, 2014 (79 FR 30531-30535).
In the NPRM we provided a sixty day public comment period. The comment
period expired July 28, 2014. We received a total of two comments. One
respondent questioned the need for the program, and expressed concerns
about the impact of government spending on taxpayers. This respondent
stated that the program was ``an unnecessary gouging of taxpayers'' and
that ``graduate students can pay their own way and do not need to be
coddled by taking tax dollars from working people making $30,000 a
year.'' We disagree with these comments and did not consider other
comments made by the respondent as relevant because the comments did
not specifically address the proposed regulations. The UGSP does not
provide scholarship support to graduate or professional school
students. Furthermore, for the past 15 years, the UGSP has been
instrumental in funding over 200 undergraduate students from
disadvantaged backgrounds. With the support of the UGSP, 59 percent of
these students have gone onto acquire a terminal graduate degree and 23
percent are currently pursuing terminal graduate degrees. Many of these
students could not foresee completing their undergraduate academic
training without UGSP support. The UGSP has been very successful at
creating a very high caliber cadre of professionals who effectively
support the ongoing biomedical research and public health goals of NIH.
The second respondent expressed concern that the rule might have an
internal conflict between eligibility and selection criteria set forth
in Sec. 68b.2 and Sec. 68b.5, respectively. The respondent suggested
that matriculating through the first two years of undergraduate studies
and achieving junior and senior class undergraduate status indicates
that an individual has overcome obstacles that would have rendered the
individual disadvantaged, therefore placing priority on recruiting
undergraduate students at the junior and senior year grade levels would
be contradictory and it undermines the program's initiative to recruit
students from disadvantaged backgrounds.
We disagree with the respondent's reasoning. Accomplishing academic
success and research experience does not preclude or nullify
environmental or financial disadvantage. Disadvantaged backgrounds
affect individuals at a host of training levels, which is evidenced by
the NIH Loan Repayment Programs and other Federal aid programs for
professionals that recognize and award individuals from disadvantaged
backgrounds after achieving a fair amount of success, i.e.,
matriculation into and graduation from professional school).
The UGSP has very specific reasons for placing priority on
recruiting upperclassman candidates. First, students who have
matriculated into their junior and senior years of undergraduate study
have usually completed the challenging core courses required to pursue
research-specific careers. Since students selected into the
[[Page 48274]]
UGSP are under contract to maintain a minimum 3.5 GPA, this achievement
minimizes the potential for attrition due to academic performance below
the required eligible GPA. Additionally, this early achievement also
greatly solidifies a candidate's choice to seek a research-centered
career. Furthermore, these upperclassman students also are more likely
already to have had a research experience, giving them an opportunity
to explore whether they enjoy research and are committed to a career
path where a post-graduation work commitment at NIH would be
beneficial. Combined these criteria increase the UGSP's likelihood of
selecting a high performing student that will complete their
undergraduate studies and successfully pursue a career that involves
some aspect of social, behavioral or biomedical research. This specific
pool of academically successful junior and senior undergraduate
candidates also frequently meets the exceptional financial need
criteria and qualifies as being from a disadvantaged background.
Therefore, the eligibility criteria in Sec. 68b.2 and the selection
criteria in Sec. 68b.5 are not in conflict, and placing priority on
selecting junior and senior undergraduates allow the UGSP to accomplish
the objectives of both sets of criteria.
Consequently, we did not make any changes to what we proposed in
the previous NPRM in response to the two public comments that we
received. The final rule is the same as what we proposed in the
previous NPRM.
The following is provided as public information.
Regulatory Impact Analysis
We have examined the impacts of this final 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 final rule is not a major rule and it 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 and not small entities. It is certified that this final
rule 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 final rule 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 final rule 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 final rule 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 final 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
Education of disadvantaged, Health--medical research, Student aid--
education.
For reasons presented in the preamble, title 42 of the Code of
Federal Regulations is amended by adding 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?
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?
[[Page 48275]]
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?
This part applies 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
this part. 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:
(1) An individual who--
(i) 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
(ii) Comes from a family with an annual income below established
low-income thresholds.
(2) 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:
(1) Is accredited by an agency recognized by the Commission on
Recognition of Post-Secondary Accreditation; and
(2) 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.
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 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:
[[Page 48276]]
(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
paragraph (a)(2) of this section must begin within 60 days of obtaining
the undergraduate degree, except for participants who receive a
deferment under Sec. 68b.8.
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 (a).
(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.
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).
[[Page 48277]]
(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: March 27, 2015.
Francis S. Collins,
Director, National Institutes of Health.
Approved: July 29, 2015.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2015-19739 Filed 8-11-15; 8:45 am]
BILLING CODE 4140-01-P
