[Federal Register Volume 61, Number 33 (Friday, February 16, 1996)]
[Rules and Regulations]
[Pages 6118-6131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3054]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

42 CFR Parts 57 and 58

RIN: 0906-AA38


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

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Final regulation.

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SUMMARY: This final rule revises existing regulations which govern 
various Public Health Service (PHS) health professions, nursing, and 
allied health training grant, scholarship, traineeship, and loan 
programs. The affected regulations are amended primarily by the Health 
Professions Extension Amendments of 1992 which: Renumbered the various 
PHS Act section numbers and their corresponding United States Code 
numbers; repealed the authority for the National Advisory Council on 
Health Professions Education; and repealed and eliminated various title 
VII and VIII health professions, nursing, and allied health training 
grant and traineeship programs. Some of the currently codified 
regulations no longer reflect the current provisions of the statute and 
are not modifiable as such and, therefore, are also being removed from 
the Code of Federal Regulations (CFR). The definition of ``State'' is 
being revised in each of the program regulations in accordance with the 
1994 Compact of Free Association with [the Republic of] Palau. Other 
changes for consistency are made to the regulations and are technical 
or clarifying in nature.

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

FOR FURTHER INFORMATION CONTACT: Betty B. Hambleton, Chief, Planning, 
Evaluation, and Legislation Branch, Office of Research and Planning, 
Bureau of Health Professions, Health Resources and Services 
Administration, room 8-67, Parklawn Building, 5600 Fishers Lane, 
Rockville, Maryland 20857; telephone: (301) 443-1590.

SUPPLEMENTARY INFORMATION: This final rule amends various Public Health 
Service (PHS) health professions, nursing, and allied health training 
grant, traineeship, scholarship, and student loan program regulations 
under title 42, parts 57 and 58 to bring these programs into conformity 
with statutory amendments made to the various sections of the PHS Act 
under titles VII and VIII. The following ministerial and technical 
changes are being made to the various titles VII and VIII programs:
    (1) The Health Professions Extension Amendments of 1992, Pub. L. 
102-408, reorganized and renumbered the sections in the Public Health 
Service (PHS) Act and their corresponding United States Code numbers. 
Technical changes affecting the various programs under titles VII and 
VIII are being made to revise the PHS section numbers in the 
regulations (see part 57, subparts C, H, I, L, Q, S, V, CC, DD, EE, FF; 
part 58, subparts C, and D);
    (2) The reference to former sections 799A and 845 of the PHS Act 
(referenced in each of our regulatory sections entitled, ``What 
additional Department regulations apply to grantees?'') codified under 
45 CFR part 83 is being revised to read ``section 794'' and ``section 
855'' of the PHS Act. The footnote to the citation ``45 CFR part 83'' 
is being deleted (see part 57, subparts C, D, F, H, L, Q, R, S, V, Y, 
Y, Z, CC, DD, EE, FF, OO, and PP; and part 58, subparts C and D). 
Former section 799A, 42 U.S.C. 295h-9, ``Discrimination on Basis of Sex 
Prohibited'' was redesignated as section 704 by Pub. L. 94-484 and was 
renumbered as section 794 (42 U.S.C. 295m) by Pub. L. 102-408. Former 
section 845 was redesignated as section 855 (42 U.S.C. 298b-2), 
``Prohibition Against Discrimination by Schools on the Basis of Sex'' 
by Pub. L. 94-63;
    (3) Pub. L. 102-408 amended title VII programs by repealing the 
National Advisory Council on Health Professions Education effective 
October 1, 1992. Therefore, in accordance with the repealing of this 
National Advisory Council, as it affects the evaluation and 
recommendation process of awarding grant applications, the Department 
is removing the definition of ``Council'' and the reference to the 
National Advisory Council on Health Professions Education in the 
various programs to reflect current statutory language under section 
798(a)(2)(A) of the PHS Act (see part 57, subparts H, L, Q, S, V, EE, 
and FF);
    (4) Section 212 of Pub. L. 102-408 amended section 851 of the PHS 
Act by revising the title of the National Advisory Council on Nurse 
Training to read ``National Advisory Council on Nurse Education and 
Practice''. Therefore, the Department is revising the reference to the 
Advisory Council's name in the following nursing programs: part 57, 
subparts Y and Z;
    (5) Pub. L. 101-219, the 1994 Compact of Free Association with [the 
Republic of] Palau, ended the United States' responsibility for Palau 
under the Trusteeship Agreement (the Trust Territories of the Pacific 
Islands). The reference to the ``Trust Territories of the Pacific 
Islands'' in the definition of ``State'' is removed (see part 57, 
subparts C, D, F, H, L, Q, R, S, V, Y, Z, CC, DD, EE, FF, OO, and PP; 
and part 58, subparts C, and D); the reference to ``Trust Territories 
of the Pacific Islands (TTPI)'' in the program regulations (regarding 
eligibility in relation to a resident, citizen, or national of the 
United States) is removed (see part 57, subparts C, D, F, S, CC, and 
DD; part 58, subpart D). The reference to Palau is now stated as ``the 
Republic of Palau''.
    (6) The reference to former section 705 of the PHS Act (now 
renumbered as section 798(e)) concerning audit and inspection 
requirements is being removed. The reference to section 705 is 
redundant to the requirements that are already covered under 45 CFR 
part 74--Administration of Grants, which is referenced in each training 
grant regulatory section entitled, ``What other audit and inspection 
requirements apply to grantees?'' (see part 57, subparts H, L, Q, S, V, 
CC, DD, EE, FF, and OO; and part 58, subparts C & D);
    (7) Additionally, the parenthetical phrase citing the OMB approval 
number ``0915-0060'' regarding information collection requirements at 
the end of each regulatory section entitled, ``What other audit and 
inspection requirements apply to grantees?'', is no longer necessary 
and is also being removed (see part 57, subparts H, L, Q, S, V, EE, and 
FF, and OO);
    (8) The preamble also includes discussions on those subparts under 
parts 57 and 58 that are no longer viable programs (see part 57, 
subparts T, AA, HH, and NN; and part 58, subparts A, B, E, and F). Some 
of these regulations no longer reflect the current provisions of the 
statute and are not modifiable as such, or their legislative 
authorities have expired or were eliminated or repealed by Pub. L. 102-
408. Therefore, the above subparts are being removed and placed in 
reserve status in the CFR.
    Additional revisions to the following programs, implemented by the 
Health Resources and Services Administration, Bureau of Health 
Professions, codified 

[[Page 6119]]
at 42 CFR parts 57 and 58, are discussed below according to the 
subparts, section numbers, and headings affected.

Subpart C--Health Professions Student Loans

    This final rule amends Part 57, subpart C governing the Health 
Professions Student Loan program under sections 721-735 of the PHS Act 
to:
    1. Revise Sec. 57.202, entitled ``Definitions.'', by revising the 
definitions of ``Health professions school or school'' and ``State'' to 
reflect current Department policy language for consistency in title 42, 
part 57 and part 58 definitions.
    2. Revise Sec. 57.205, entitled ``Health professions student loan 
funds.'', by adding a parenthetical phrase at the end of the section 
citing the current OMB control number.
    3. Revise Sec. 57.206, entitled ``Eligibility and selection of 
health professions student loan applicants.'', by removing paragraph 
(a)(2) regarding the repayment of loans by service obligation in a 
health professions shortage area. (The provisions in former section 
741(f) were eliminated by Pub. L. 102-408.) Paragraph (a)(3) is 
redesignated as (a)(2).
    4. Revise Sec. 57.210, entitled ``Repayment and collection of 
health professions student loans'', by revising the parenthetical 
phrase at the end of the section providing the current OMB control 
number; and by removing the phrase ``or cancellation or repayment under 
section 741(f) of the Act'' in paragraph (b)(2)(i), in accordance with 
Pub. L. 102-408 which eliminated the HPSL loan repayment by service 
obligation authority.
    5. Remove and reserve in the CFR Sec. 57.212, entitled ``Repayment 
or cancellation of loans for practice in a health professional shortage 
area.'', in accordance with Pub. L. 102-408 which eliminated the HPSL 
loan repayment by service obligation authority. Succeeding section 
numbers under this subpart (Secs. 57.213--57.218) will not be 
redesignated but remain the same.

Subpart S--Educational Assistance to Individuals From Disadvantaged 
Backgrounds

    This final rule amends Part 57, subpart S governing the Educational 
Assistance to Individuals from Disadvantaged Backgrounds program under 
section 740 of the PHS Act to revise paragraph (b) in Sec. 57.1804, 
entitled ``Who is eligible for educational assistance?''. Paragraph (b) 
indicates a requirement for eligibility that individuals must ``have 
completed at least the junior year of high school (or its 
equivalent)''. The Department is adding the words ``except in the case 
of Model Demonstration programs'' at the end of the sentence to provide 
flexibility for the Department to administer a limited number of awards 
to test the feasibility or viability of a Model Demonstration program 
permitting students prior to the junior year to receive assistance 
under these programs.

Subpart T--Nursing Special Project Grants

    Section 820 of the PHS Act, 42 U.S.C. 296k, as it was in effect for 
Nursing Special Project Grants, was amended by Pub. L. 102-408, the 
Health Professions Extension Amendments of 1992, to substitute for the 
existing authority a new four-part authority and revised former project 
purposes, eligibility provisions, and other requirements. The 
Department is, therefore, removing from title 42, part 57 of the Code 
of Federal Regulations this program under subpart T, consisting of 
Secs. 57.1901 through 57.1910, and placing it in reserve status.

Subpart Z--Grants for the Advanced Nurse Education Programs

    This final rule amends Part 57, subpart Z governing the Grants for 
Advanced Nurse Education Programs under section 821 of the PHS Act to:
    1. Revise Sec. 57.2501, entitled ``Applicability.'', by revising 
the phrase ``expand'' in (b) to read ``significantly expand existing 
programs'' and removing the phrase ``maintain programs'' in (c) in 
accordance with the amendments in Pub. L. 102-408. This section is 
further revised to remove two types of nurse specialties that can 
obtain support under this authority in accordance with Pub. L. 102-408. 
The two types of specialties that are being removed are nurse 
administrators and nurse researchers.
    2. Revise Sec. 57.2503, entitled ``Eligibility.'', by revising 
paragraph (b)(2) to indicate that a grant would meet the cost for a 
project to ``significantly'' expand an advanced nurse education program 
through the indicated activities listed. Paragraph (b)(3), that 
indicates that a grant would meet the cost for a project to 
``maintain'' an advanced nurse education program, is being removed in 
accordance with Pub. L. 102-408.
    3. Revise Sec. 57.2504, entitled ``Application.'', by revising 
paragraph (c)(1) to state the current statutory language for grants to 
contain a proposal for a project to: (i) Plan, develop, and operate new 
programs, or (ii) significantly expand an advanced nurse education 
program. Former paragraph (c)(1)(iii) is removed and paragraph (d) is 
revised to reflect the current statutory language.
    4. Revise Sec. 57.2506, entitled ``Evaluation and grant awards.'', 
by removing the reference to the funding priority for educational 
programs in geriatric and gerontological nursing. Pub. L. 102-408 
repealed the funding priority.

Subpart AA--Grants for Nurse Practitioner and Nurse Midwifery 
Traineeship Programs

    Section 822(b) of the PHS Act, 42 U.S.C. 296m, as it was in effect 
for Grants for Nurse Practitioner and Nurse Midwifery Traineeship 
Programs for service-conditional nurse practitioner and nurse midwifery 
traineeships was eliminated by section 204 of Public Law 102-408, the 
Health Professions Extension Amendments of 1992 (106 Stat. 2072). The 
Department is, therefore, removing from title 42, part 57 of the Code 
of Federal Regulations this program under subpart AA, consisting of 
Secs. 57.2601 through 57.2617, and placing it in reserve status.

Subpart DD--Financial Assistance for Disadvantaged Health Professions 
Students

    This final rule amends Part 57, subpart DD governing the program 
for Financial Assistance for Disadvantaged Health Professions Students 
under section 740 of the PHS Act to:
    1. Revise Sec. 57.2904, entitled ``Eligibility and selection of aid 
recipients.'', by revising the parenthetical phrase at the end of the 
section providing the current OMB control number.
    2. Revise Sec. 57.2909, entitled ``What other records, audit, and 
inspection requirements apply to schools?'', by revising the 
parenthetical phrase at the end of the section providing the current 
OMB control number.

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

    Section 2740(c)(1) of Pub. L. 97-35, the Omnibus Budget 
Reconciliation Act of 1981, 95 Stat. 922, amended section 783(a) of the 
PHS Act to authorize provisions only for physician assistant training. 
Concurrently, section 2744 of Pub. L. 97-35 (95 Stat. 924) restructured 
the provisions in section 783(a)(2) for Grants for Programs for the 
Training of Expanded Functional Dental Auxiliaries and the provisions 
were subsumed under the authority of redesignated section 788(b), as it 
was in effect for Conversion and Curriculum Grants for Various Health 
Professions, 42 U.S.C. 295g-8. Subsequently, the provisions 

[[Page 6120]]
under section 788(b) were amended by Pub. L. 99-129, the Health 
Professions Training Assistance Act of 1985, to provide for more broad 
provisions in health promotion and disease prevention, various 
curriculum development training, and health professions initiatives.
    Pub. L. 102-408, the Health Professions Education Extension 
Amendments of 1992, repealed several existing definitions under former 
section 701 of the PHS Act (now renumbered as section 799), including 
the definition for ``program for the training of expanded function 
dental auxiliaries'', as being no longer needed for administration of 
title VII programs. The Department is, therefore, removing from title 
42, part 57 of the Code of Federal Regulations this program under 
subpart HH, consisting of Secs. 57.3301 through 57.3303, and placing it 
in reserve status.

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

    Pub. L. 102-408 repealed section 788(b) of the PHS Act, the 
authority as it was in effect for grants or contracts for the 
development and implementation of model projects in areas such as 
faculty and curriculum development, and development of new clinical 
training sites. The Department is, therefore, removing from title 42, 
part 57 of the Code of Federal Regulations this program under subpart 
NN, consisting of Secs. 57.3901 through 57.3910, and placing it in 
reserve status.

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

Subpart A--Grants to Graduate Programs in Health Administration

    Section 791 of the PHS Act, 42 U.S.C. 295h, as it was in effect for 
Grants to Graduate Programs in Health Administration for institutional 
grants to graduate programs in health administration was repealed by 
Pub. L. 102-408, the Health Professions Extension Amendments of 1992. 
The Department is, therefore, removing from title 42, part 58 of the 
Code of Federal Regulations this program under subpart A, consisting of 
Secs. 58.1 through 58.11, and placing it in reserve status.

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

    Section 788(b) of the PHS Act, 42 U.S.C. 295g-8, as it was in 
effect for Special Project Grants for Graduate Programs in Public 
Health was repealed by section 2744 of Public Law 97-35, the Omnibus 
Budget Reconciliation Act of 1981 (95 Stat. 923). The Department is, 
therefore, removing from title 42, part 58 of the Code of Federal 
Regulations this program under subpart B, consisting of Secs. 58.20 
through 58.29, and placing it in reserve status.

Subpart C--Grants for Public Health Traineeships for Students in 
Schools of Public Health and in Other Graduate Public Health Programs

    This final rule amends Part 58, subpart C governing the Grants for 
Public Health Traineeships for Students in Schools of Public Health and 
in Other Graduate Public Health Programs under section 761 of the PHS 
Act to:
    1. Revise Sec. 58.202, entitled ``Definitions.'', to amend the 
definitions of ``Educational entity'', ``Nonprofit'', and ``State'' to 
reflect current Department policy language for consistency in title 42, 
part 57 and part 58 definitions.
    2. Revise Sec. 58.205, entitled ``How is the amount of the award 
determined?'', to:
    (a) Remove paragraph (a)(1) to reflect current Department policy 
language for consistency in title 42 CFR part 58 regulations; and
    (b) Redesignate paragraph (a)(2) as paragraph (a) and revise the 
eligibility element in the formula for the distribution of funds as 
follows: The proportion of eligible full-time and full-time equivalent 
graduate students of each applicant enrolled in severe shortage 
occupations targeted for support (epidemiology, environmental health, 
biostatistics, toxicology, public health nutrition, and maternal and 
child health) to the total full-time and full-time equivalent 
enrollment of students in these fields of all applicants having 
approved applications. Modifications in the formula are the result of 
statutory changes in Pub. L. 102-408. The number of full-time 
equivalent students means the number of part-time students converted to 
full-time by dividing the total number of credit hours in which part-
time students are enrolled by nine.
    Subsequently, Pub. L. 103-43, the National Institutes of Health 
Revitalization Act of 1993, enacted June 10, 1993 (107 Stat. 217) added 
``maternal and child health'' as a severe shortage health professions 
field eligible for support.
    3. Revise Sec. 58.208, entitled ``What are the requirements for 
traineeships and the appointment of trainees?'', to:
    (a) Remove the words ``traineeships and the'' in the heading and 
remove paragraphs (a) through (e), in accordance with Pub. L. 102-408 
which eliminated requirements for traineeships (paragraphs (f) through 
(i) are redesignated as paragraphs (a) through (d)); and
    (b) Add the current OMB control number for information collections 
at the end of the section.
    4. Revise in its entirety Sec. 58.209, entitled ``Who is eligible 
for financial assistance as a trainee?'', to reflect the change in 
eligibility criteria in accordance with Pub. L. 102-408. The changes in 
criteria were announced in the Federal Register by proposed notice on 
April 13, 1993. A comment period of 30 days was established to allow 
public comment concerning the proposed review criteria. No comments 
were received. A final notice was published June 11, 1993. Further, 
Pub. L. 103-43, added the health professions field of ``maternal and 
child health'' to the list of fields in which there is a severe 
shortage of health professionals.
    5. Revise Sec. 58.213, entitled ``What additional Department 
regulations apply to grantees?'', to add a new CFR citation to bring 
this program into compliance with governmentwide requirements 
established for this Department under 45 CFR part 93, in accordance 
with Pub. L. 101-121, section 319, the Department of the Interior and 
Related Agencies Appropriations Act for Fiscal Year 1990, enacted on 
October 23, 1989, and an Interim-Final Rule, published in the Federal 
Register on February 26, 1990 (55 FR 6736). This CFR citation is cited 
in the amendatory language as ``45 CFR part 93--New restrictions on 
lobbying''.

Subpart D--Grants for Traineeships in Health Administration, Hospital 
Administration, or Health Policy Analysis and Planning at Public or 
Nonprofit Private Educational Institutions Other Than Schools of Public 
Health

    This final rule amends Part 58, subpart D governing the Grants for 
Traineeships in Health Administration, Hospital Administration, or 
Health Policy Analysis and Planning at Public or Nonprofit Private 
Educational Institutions Other than Schools of Public Health under 
section 771 of the PHS Act to:
    1. Revise the heading of Subpart D to read ``Grants for Health 
Administration Traineeships and Special Projects Program'', in 
accordance with Pub. L. 102-408.
    2. Revise Sec. 58.222, entitled ``Definitions.'', to amend the 
definitions of ``Nonprofit'' and ``State'' to reflect current 
Department policy language for consistency in title 42, part 57 and 
part 58 definitions.
    3. Revise Sec. 58.224, entitled ``How will applications be 
evaluated?'', to reflect current Department policy language for 

[[Page 6121]]
consistency in 42 CFR part 57 and part 58 regulations and add the 
statutory criteria for the review of applications.
    4. Remove Sec. 58.228, entitled ``What are the requirements for 
traineeships and the appointment of trainees?'', in its entirety. Pub. 
L. 102-408 eliminated the traineeship requirements.
    5. Redesignate Sec. 58.229, entitled ``Who is eligible for 
financial assistance as a trainee?'', as Sec. 58.228 and revise 
paragraph (a) concerning an eligible individual's citizenship status, 
the Immigration and Naturalization Service policy as it relates to the 
admission into the United States, its territories and possessions, to 
reflect current Department policy language for consistency in title 42, 
part 57 and part 58 regulations.
    6. Redesignate Sec. 58.230, entitled ``What financial support is 
available to trainees?'', as Sec. 58.229.
    7. Redesignate Sec. 58.231, entitled ``Duration of traineeships.'' 
as Sec. 58.230.
    8. Redesignate Sec. 58.232, entitled ``Termination of 
traineeships.'', as Sec. 58.231.
    9. Redesignate Sec. 58.233, entitled ``What additional Department 
regulations apply to grantees?'' as Sec. 58.232 and revise it to add a 
new CFR citation to bring this program into compliance with 
governmentwide requirements established for this Department under 45 
CFR part 93, in accordance with Pub. L. 101-121, section 319, the 
Department of the Interior and Related Agencies Appropriations Act for 
Fiscal Year 1990, enacted on October 23, 1989, and an Interim-Final 
Rule, published in the Federal Register on February 26, 1990 (55 FR 
6736). This CFR citation is cited in the amendatory language as ``45 
CFR part 93--New restrictions on lobbying''.
    10. Redesignate Sec. 58.234, entitled ``What other audit and 
inspection requirements apply to grantees?'' as Sec. 58.233, remove the 
legislative authority citations in parenthesis at the end of the 
section, and revise the section text to reflect Department policy 
concerning audit and inspection.
    11. Redesignate Sec. 58.235, entitled ``Additional conditions.'' as 
Sec. 58.234.

Subpart E--Grants for Allied Health Projects

    The authority for section 796(a) of the PHS Act, 42 U.S.C. 295h-5, 
as it was in effect for Grants for Allied Health Projects was not 
extended by Pub. L. 97-35, the Omnibus Budget Reconciliation Act of 
1981 (special projects relating to the training of allied health 
personnel was modified under former section 788(b), subpart NN). Pub. 
L. 100-607, the Health Professions Reauthorization Act of 1988 
reinstated a section 797 for Allied Health Projects, but under 
different provisions. Because the current regulatory provisions and 
authority under former section 796(a) is not modifiable to the current 
section 797 provisions, the Department is removing from title 42, part 
58 of the Code of Federal Regulations this program under subpart E, 
consisting of Secs. 58.401 through 58.414, and placing it in reserve 
status.

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

    The authority for section 797 of the PHS Act, 42 U.S.C. 295h-6, as 
it was in effect for Grants for Traineeships for the Advanced Training 
of Allied Health Personnel was not extended by Pub. L. 97-35, the 
Omnibus Budget Reconciliation Act of 1981. The provisions were modified 
under former section 788(b), subpart NN. Pub. L. 100-607, the Health 
Professions Reauthorization Act of 1988 reinstated a section 797 for 
Allied Health Traineeships, but under different provisions. Because the 
current regulatory provisions and authority under former section 797 is 
not modifiable to the current section 797 provisions, the Department is 
removing from title 42, part 58 of the Code of Federal Regulations this 
program under subpart F, consisting of Secs. 58.501 through 58.515, and 
placing it in reserve status.
    Further, PHS strongly encourages all grant recipients to provide a 
smoke-free workplace and promote the non-use of all tobacco products, 
and Pub. L. 103-227, the Pro-Children Act of 1994, prohibits smoking in 
certain facilities that receive Federal funds in which education, 
library, day care, health care, and early childhood development 
services are provided to children.

Justification for Omitting Notice of Proposed Rulemaking

    Since these amendments are of a technical nature, the Secretary has 
determined, pursuant to 5 U.S.C. 553 and departmental policy, that it 
is unnecessary and impractical to follow proposed rulemaking procedures 
or to delay the effective date of these regulations.

Economic Impact

    Executive Order 12866 requires that all regulations reflect 
consideration of alternatives, of costs, of benefits, of incentives, of 
equity, and of available information. Regulations must meet certain 
standards, such as avoiding unnecessary burden. Regulations which are 
``significant'' because of cost, adverse effects on the economy, 
inconsistency with other agency actions, effects on the budget, or 
novel legal or policy issues, require special analysis.
    The Department believes that the resources required to implement 
the requirement in these regulations are minimal. Therefore, in 
accordance with the Regulatory Flexibility Act of 1980, the Secretary 
certifies that these regulations will not have a significant impact on 
a substantial number of small entities. For the same reasons, the 
Secretary has also determined that this is not a ``significant'' rule 
under Executive Order 12866.

Paperwork Reduction Act of 1980

    The following list of subparts in this final rule contains 
information collection language which have been approved by the Office 
of Management and Budget under the Paperwork Reduction Act of 1980 and 
have been assigned control numbers for each affected section as listed 
below under each subpart.

------------------------------------------------------------------------
                                                            OMB control 
                       Section No.                              No.     
------------------------------------------------------------------------
                                Part 57                                 
                                                                        
------------------------------------------------------------------------
Subpart C--Health Professions Student Loan Program:                     
    Sec.  57.205........................................       0915-0047
    Sec.  57.206........................................       0915-0047
    Sec.  57.208........................................       0915-0047
    Sec.  57.210........................................       0915-0047
    Sec.  57.211........................................       0915-0047
    Sec.  57.215........................................       0915-0047
    Sec.  57.216a.......................................      0915-0047 

[[Page 6122]]
                                                                        
Subpart D--Nursing Student Loan Program:                                
    Sec.  57.305........................................       0915-0047
    Sec.  57.306........................................       0915-0047
    Sec.  57.308........................................       0915-0047
    Sec.  57.310........................................       0915-0047
    Sec.  57.311........................................       0915-0047
    Sec.  57.312........................................       0915-0047
    Sec.  57.315........................................       0915-0047
    Sec.  57.316a.......................................       0915-0047
Subpart F--Grants for Nurse Anesthetist Traineeships:                   
    Sec.  57.509........................................       0915-0060
    Sec.  57.510........................................       0915-0060
    Sec.  57.512........................................       0915-0060
Subpart H--Grants for Physician Assistant Training                      
 Programs:                                                              
    Sec.  57.704........................................       0915-0060
    Sec.  57.705........................................       0915-0060
Subpart L--Grants for Residency Training and Advanced                   
 Education in the General Practice of Dentistry:                        
    Sec.  57.1104.......................................       0915-0060
Subpart Y--Grants for Nurse Practitioner and Nurse                      
 Midwifery Programs:                                                    
    Sec.  57.2404.......................................       0915-0060
    Sec.  57.2405.......................................       0915-0060
Subpart Z--Grants for Advanced Nurse Education Programs:                
    Sec.  57.2504.......................................       0915-0060
Subpart CC--Scholarships for Students of Exceptional                    
 Financial Need (EFN):                                                  
    Sec.  57.2803.......................................       0915-0028
    Sec.  57.2804.......................................       0915-0028
    Sec.  57.2809.......................................       0915-0028
Subpart DD--Financial Assistance for Disadvantaged                      
 Health Professions Students (FADHPS):                                  
    Sec.  57.2904.......................................       0915-0028
    Sec.  57.2909.......................................       0915-0028
Subpart EE--Grants for Residency Training and Faculty                   
 Development in General Internal Medicine and/or General                
 Pediatrics:                                                            
    Sec.  57.3003.......................................       0915-0060
    Sec.  57.3004.......................................       0915-0060
    Sec.  57.3007.......................................       0915-0060
Subpart FF--Grants for Residency Training and Faculty                   
 Development in General Internal Medicine and/or General                
 Pediatrics:                                                            
    Sec.  57.3104.......................................       0915-0060
Subpart PP--Grants for Faculty Training Projects in                     
 Geriatric Medicine and Dentistry:                                      
    Sec.  57.4103.......................................       0915-0060
    Sec.  57.4110.......................................       0915-0060
                                                                        
------------------------------------------------------------------------
                                Part 58                                 
                                                                        
------------------------------------------------------------------------
Subpart C--Grants for Public Health Traineeships for                    
 Students in Schools of Public Health and in Other                      
 Graduate Public Health Programs:                                       
    Sec.  58.208........................................       0915-0060
Subpart D--Grants for Health Administration Traineeships                
 and Special Projects Program:                                          
    Sec.  58.224........................................       0915-0060
------------------------------------------------------------------------



List of Subjects in 42 CFR Parts 57 and 58

    Aged, Dental health, Education of the disadvantaged, Educational 
facilities, Educational study programs, Grant programs--education, 
Grant programs--health, Health facilities, Health professions, Loan 
programs, Medical and dental schools, Student aid, Reporting and 
recordkeeping requirements, Scholarships and fellowships, Public 
health.

    Dated: November 2, 1995.
Ciro V. Sumaya,
Administrator, Health Resources and Services Administration.

    Approved: February 6, 1996.
Donna E. Shalala,
Secretary.

    Accordingly, section 215 of the Public Health Service Act, 58 Stat. 
690, 67 Stat. 631 (42 U.S.C. 216), 42 CFR parts 57 and 58 are amended 
as set forth below:

PART 57--GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES, 
EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS

Subpart C--Health Professions Student Loans

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended, 63 Stat. 35 (42 U.S.C. 216); secs. 740-747 of the 
Public Health Service Act, 77 Stat. 170-173, as amended, 90 Stat. 
2266-2268, 91 Stat. 390-391, 95 Stat. 920, 99 Stat. 532-536, and 102 
Stat. 3125 (42 U.S.C. 294m-q); renumbered as secs. 721-735, as 
amended by Pub. L. 102-408, 106 Stat. 2011-2022 (42 U.S.C. 292q--
292y).


[[Page 6123]]

    2. Section 57.202 is amended by revising section number ``741(b)'' 
in the definition of Full-time student to read ``722(b)''; and by 
revising the definitions of Health professions school or school and 
State to read as follows:


Sec. 57.202  Definitions.

* * * * *
    Health professions school or school, for purposes of this subpart, 
means a public or private nonprofit school of medicine, school of 
dentistry, school of osteopathic medicine, school of pharmacy, school 
of podiatric medicine, school of optometry, or school of veterinary 
medicine as defined in section 799(1)(A) of the Act.
* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.


Sec. 57.203  [Amended]

    3. Section 57.203 is amended by revising section number ``740'' in 
paragraph (c) to read ``721''.
    4. Section 57.205 is amended by revising section number ``743'' in 
paragraph (a)(1)(ii) to read ``728''; and by adding the OMB information 
collections control number at the end of the section to read as 
follows:


Sec. 57.205  Health professions student loan funds.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0915-0047)

    5. Section 57.206 is amended by removing paragraph (a)(2) and 
redesignating paragraph (a)(3) as paragraph (a)(2); and by revising 
paragraph (a)(1)(i) to read as follows:


Sec. 57.206  Eligibility and selection of health professions student 
loan applicants.

    (a) * * *
    (1) * * *
    (i) Residents of the United States and either a citizen or national 
of the United States, an alien lawfully admitted for permanent 
residence in the United States, a citizen of the Commonwealth of the 
Northern Mariana Islands, a citizen of the Republic of Palau, a citizen 
of the Republic of the Marshall Islands, or a citizen of the Federated 
States of Micronesia;
* * * * *
    6. Section 57.210 is amended by revising section number ``741(c)'' 
in paragraph (b)(2)(ii) to read ``722(c)''; by revising the first 
sentence in paragraph (b)(2)(i); and by revising the parenthetical 
phrase at the end of the section to read as follows:


Sec. 57.210  Repayment and collection of health professions student 
loans.

* * * * *
    (b) * * *
    (2) Late change. (i) For any health professions student loan made 
after June 30, 1969, but prior to October 22, 1985, the school may fix 
a charge for failure of the borrower to pay all or any part of an 
installment when it is due and, in the case of a borrower who is 
entitled to deferment under section 722(c) of the Act for any failure 
to file timely and satisfactory evidence of the entitlement. * * *
* * * * *
(Approved by the Office of Management and Budget under control 
number 0915-0047)


Sec. 57.211  [Amended]

    7. Section 57.211 is amended by revising section number ``741(d)'' 
in paragraph (a) and (b) to read ``722(d)''.


Sec. 57.212  [Removed and Reserved]

    8. Section 57.212 is removed and reserved.


Sec. 57.213  [Amended]

    9. Section 57.213a is amended by revising section number ``743'' in 
paragraph (a)(2) to read ``728''.


Sec. 57.214  [Amended]

    10. Section 57.214 is amended by revising section number 74l(1)'' 
in the introductory text to read ``722(k)''.


Sec. 57.215  [Amended]

    11. Section 57.215 is amended by revising section number ``705'' in 
paragraph (a)(3) to read ``798(e)''.


Sec. 57.216  [Amended]

    12. Section 57.216 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.

Subpart D--Nursing Student Loans

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, 67 Stat. 631 (42 U.S.C. 216); secs. 835-842 of the Public 
Health Service Act, 77 Stat. 913-916, as amended by 99 Stat. 397-
400, 536-537, and 102 Stat. 3160-3161 (42 U.S.C. 297 a-i).

    2. Section 57.302 is amended by revising the definition of State to 
read as follows:


Sec. 57.302  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
    3. Section 57.305 is amended by adding the OMB information 
collections control number at the end of the section to read:


Sec. 57.305  Nursing student loan funds.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0915-0047)

    4. Section 57.306 is amended by revising paragraph (a)(1)(i) to 
read as follows:


Sec. 57.306  Eligibility and selection of nursing student loan 
applicants.

    (a) * * *
    (1) * * *
    (i) Residents of the United States and either a citizen or national 
of the United States, an alien lawfully admitted for permanent 
residence in the United States, a citizen of the Commonwealth of the 
Northern Mariana Islands, a citizen of the Republic of Palau, a citizen 
of the Republic of the Marshall Islands, or a citizen of the Federated 
States of Micronesia;
* * * * *


Sec. 57.310  [Amended]

    5. Section 57.310 is amended by revising the Office of Management 
and Budget control number ``0915-0094'' in the parenthetical phrase at 
the end of the section to read ``0915-0047''.


Sec. 57.312  [Amended]

    6. Section 57.312 is amended by revising section number 
``836(h)(1)(A)'' in paragraph (a)(1) to read ``846(a)(1)''.


Sec. 57.313  [Amended]

    7. Section 57.313 is amended by revising section number ``836(i)'' 
in paragraph (b) to read ``836(h)''.


Sec. 57.314  [Amended]

    8. Section 57.314 is amended by revising section number ``836(j)'' 
in the introductory text to read ``836(i)''.


Sec. 57.316  [Amended]

    9. Section 57.316 is amended by removing footnote three to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''. 

[[Page 6124]]


Subpart F--Grants for Nurse Anesthetist Traineeships

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 67 Stat. 631 (42 U.S.C. 216); sec. 831(a) of the 
Public Health Service Act, 93 Stat. 580, as amended by 96 Stat. 
2061, and 99 Stat. 396-397 (42 U.S.C. 297-1).

    2. Section 57.502 is amended by revising the definition of State to 
read as follows:


Sec. 57.502  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *
    3. Section 57.509 is amended by revising paragraph (a) to read as 
follows:


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

* * * * *
    (a) Be a resident of the United States and either a citizen or 
national of the United States, an alien lawfully admitted for permanent 
residence in the United States, a citizen of the Commonwealth of the 
Northern Mariana Islands, a citizen of the Republic of Palau, a citizen 
of the Republic of the Marshall Islands, or a citizen of the Federated 
States of Micronesia;
* * * * *


Sec. 57.513  [Amended]

    4. Section 57.513 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.

Subpart H--Grants for Physician Assistant Training Programs

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 783(a)(1) of 
the Public Health Service Act, 90 Stat. 2314, and 99 Stat. 524 (42 
U.S.C. 295g-3(a)(1)); redesignated as sec. 788(d) and amended by 102 
Stat. 3135 (42 U.S.C. 295g-8(d)); renumbered as sec. 750, as amended 
by Pub. L. 102-408, 106 Stat. 2044 (42 U.S.C. 293n).


Sec. 57.701  [Amended]

    2. Section 57.701 is amended by revising the citation ``788(d) of 
the Public Health Service Act (42 U.S.C. 295g-8(d))'' to read ``750 of 
the Public Health Service Act (42 U.S.C. 293n)''.
    3. Section 57.702 is amended by removing the term Council; by 
revising section number ``701(5)'' in the definition of School of 
medicine or school of osteopathic medicine to read ``799(1)(E)''; and 
by revising the definition of State to read as follows:


Sec. 57.702  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *


Sec. 57.704  [Amended]

    4. Section 57.704 is amended by revising the citation ``788(d) of 
the Act'' in paragraph (c)(1) to read ``750 of the Act''.
    5. Section 57.706 is amended by revising paragraph (a) introductory 
text and paragraph (a)(2) to read as follows:


Sec. 57.706  Evaluation of applications.

    (a) As required by section 798(a) of the Act, each application for 
a grant under this subpart shall be submitted to a peer review group, 
composed principally of non-Federal experts, for an evaluation of the 
merits of the proposals made in the application. The Secretary may not 
approve such an application unless a peer review group has recommended 
the application for approval. The Secretary will approve or disapprove 
all applications filed in accordance with Sec. 57.704, taking into 
consideration:
* * * * *
    (2) The potential effectiveness of the project in carrying out the 
purposes of section 750 of the Act and this subpart;
* * * * *


Sec. 57.707  [Amended]

    6. Section 57.707 is amended by revising the citation ``788(d) of 
the Act'' in paragraph (a)(1) to read ``750 of the Act''.


Sec. 57.709  [Amended]

    7. Section 57.709 is amended by revising the citation ``788(d) of 
the Act'' in paragraph (a) to read ``750 of the Act''.


Sec. 57.710  [Amended]

    8. Section 57.710 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    9. Section 57.711 is revised to read as follows:


Sec. 57.711  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

Subpart I--Programs for the Training of Physician Assistants

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 701(8)(B), 90 
Stat. 2247, as amended by 95 Stat. 913 and 99 Stat. 525-526 (42 
U.S.C. 292a(8)(B)); renumbered as sec. 750, as amended by Pub. L. 
102-408, 106 Stat. 2044 (42 U.S.C. 293n).


Sec. 57.801  [Amended]

    2. Section 57.801 is amended by revising the citation ``701(8)(B) 
of the Public Health Service Act (42 U.S.C. 292a(8)(B))'' in paragraph 
(a) to read ``750 of the Public Health Service Act (42 U.S.C. 293n)''.

Subpart L--Grants for Residency Training and Advanced Education in 
the General Practice of Dentistry

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 786(b) of the 
Public Health Service Act, 90 Stat. 2317, as amended by 99 Stat. 
540-541 (42 U.S.C. 295g-6(b)); redesignated as sec. 785 and amended 
by 102 Stat. 3130-3131 (42 U.S.C. 295g-5); renumbered as sec. 749, 
as amended by Pub. L. 102-408, 106 Stat. 2043-2044 (42 U.S.C. 293m).


Sec. 57.1101  [Amended]

    2. Section 57.1101 is amended by revising the citation ``785 of the 
Public Health Service Act (42 U.S.C. 295g-5)'' in the introductory text 
to read ``749 of the Public Health Service Act (42 U.S.C. 293m)''.
    3. Section 57.1102 is amended by removing the phrase ``as defined 
in 42 CFR part 57, subpart HH'' at the end of the sentence in paragraph 
(4) of the definition of Practice of general dentistry; by revising 
section number ``701(5)'' in the definition of School of dentistry to 
read ``799(1)(E)''; and by revising the definition of State to read as 
follows:


Sec. 57.1102  Definitions.

* * * * *

[[Page 6125]]

    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
    4. Section 57.1106 is amended by revising the introductory text to 
read as follows:


Sec. 57.1106  What are the criteria for deciding which applications are 
to be funded?

    As required by section 798(a) of the Act, each application for a 
grant under this subpart shall be submitted to a peer review group, 
composed principally of non-Federal experts, for an evaluation of the 
merits of the proposals made in the application. The Secretary may not 
approve such an application unless a peer review group has recommended 
the application for approval. The Secretary will approve or disapprove 
applications filed in accordance with Sec. 57.1104, taking into 
consideration, among other pertinent factors:
* * * * *


Sec. 57.1107  [Amended]

    5. Section 57.1107 is amended by revising the section number 
``785'' in paragraph (a)(1) to read ``749''.


Sec. 57.1110  [Amended]

    6. Section 57.1110 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    7. Section 57.1111 is revised to read as follows:


Sec. 57.1111  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

Subpart Q--Grants for Predoctoral, Graduate, and Faculty 
Development Education Programs in Family Medicine

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 786(a) of the 
Public Health Service Act, 90 Stat. 2316, and as amended by 102 
Stat. 3146 (42 U.S.C. 295g-6(a)); renumbered as sec. 747, as amended 
by Pub. L. 102-408, 106 Stat. 2042-2043 (42 U.S.C. 293k).


Sec. 57.1601  [Amended]

    2. Section 57.1601 is amended by revising the citation ``786(a) of 
the Public Health Service Act (42 U.S.C. 295g-6(a))'' in the 
introductory text to read ``747 of the Public Health Service Act (42 
U.S.C. 293k)''.
    3. Section 57.1602 is amended by revising section number ``701(5)'' 
in the definition of School of medicine or osteopathic medicine to read 
``799(1)(E)''; and by revising the definition of State to read as 
follows:


Sec. 57.1602  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *
    4. Section 57.1605 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec. 57.1605  How will applications be evaluated?

    (a) As required by section 798(a) of the Act, each application for 
a grant under this subpart shall be submitted to a peer review group, 
composed principally of non-Federal experts, for an evaluation of the 
merits of the proposals made in the application. The Secretary may not 
approve such an application unless a peer review group has recommended 
the application for approval. The Secretary will approve projects which 
best promote the purposes of section 747 of the Act and these 
regulations. The Secretary will consider, among other factors:
* * * * *


Sec. 57.1608  [Amended]

    5. Section 57.1608 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    6. Section 57.1609 is revised to read as follows:


Sec. 57.1609  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

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

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

    Authority: Sec. 215, Public Health Service Act, 58 Stat. 690, as 
amended by 63 Stat. 35 (42 U.S.C. 216); sec. 780, Public Health 
Service Act, 90 Stat. 2311, as amended by 95 Stat. 221 and 102 Stat. 
3146 (42 U.S.C. 295g); renumbered as sec. 747, as amended by Pub. L. 
102-408, 106 Stat. 2042-2043 (42 U.S.C. 293k).

    2. Section 57.1702 is amended by revising the definition of State 
to read as follows:


Sec. 57.1702  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.


Sec. 57.1708  [Amended]

    3. Section 57.1708 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.

Subpart S--Educational Assistance to Individuals From Disadvantaged 
Backgrounds

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 787 of the 
Public Health Service Act, 90 Stat. 2317, as amended by 95 Stat. 
923, 99 Stat. 541, and 102 Stat. 3131-3132 (42 U.S.C. 295g-7); 
renumbered as sec. 740, as amended by Pub. L. 102-408, 106 Stat. 
2032-2033 (42 U.S.C. 293d).


Sec. 57.1801  [Amended]

    2. Section 57.1801 is amended by revising the citation ``787 of the 
Public Health Service Act'' to read ``740 of the Public Health Service 
Act''; and by adding the United States Code ``(42 U.S.C. 293d)'' after 
the word ``Act.''
    3. Section 57.1802 is amended by revising the section numbers 
``701(4)'' and ``701(5)'' respectively, in the definition of Health 
professions schools to read ``799(1) (A), (B), (C), and (D)'' and 
``799(1)(E)'' respectively; by revising the section number ``701(10)'' 
in the definition of School of allied health to read ``799(4)''; and by 
revising the definition of State to read as follows:


Sec. 57.1802  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, 

[[Page 6126]]
the Republic of the Marshall Islands and the Federated States of 
Micronesia.
    4. Section 57.1804 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 57.1804  Who is eligible for educational assistance?

* * * * *
    (a) Be a resident of the United States and either a citizen or 
national of the United States, an alien lawfully admitted for permanent 
residence in the United States, a citizen of the Commonwealth of the 
Northern Mariana Islands, a citizen of the Republic of Palau, a citizen 
of the Republic of the Marshall Islands, or a citizen of the Federated 
States of Micronesia;
    (b) Have completed at least the junior year of high school (or its 
equivalent), except in the case of Model Demonstration programs; and
* * * * *
    5. Section 57.1806 is amended by revising paragraph (a) 
introductory text and the first and last sentence in paragraph (b) to 
read as follows:


Sec. 57.1806  How will applications be evaluated?

    (a) As required by section 798(a) of the Act, each application for 
a grant under this subpart shall be submitted to a peer review group, 
composed principally of non-Federal experts, for an evaluation of the 
merits of the proposals made in the application. The Secretary may not 
approve such an application unless a peer review group has recommended 
the application for approval. The Secretary will decide which 
applications to approve by considering, among other factors:
* * * * *
    (b) Within the limits of funds available, the Secretary will award 
grants to approved applicants with projects that will best promote the 
purposes of section 740 of the Act. * * * Section 740(a)(2)(G) 
authorizes the payment of such stipends as the Secretary may approve 
for participants in a project for any period of education at any school 
eligible for a grant under this subpart.
* * * * *


Sec. 57.1809  [Amended]

    6. Section 57.1809 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    6. Section 57.1810 is revised to read as follows:


Sec. 57.1810  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

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

    1. Part 57 is amended by removing and reserving subpart T 
(consisting of Secs. 57.1901 through 57.1910).

Subpart V--Grants for Centers of Excellence

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

    Authority: Sec. 788A of the Public Health Service Act, Pub. L. 
100-97, 101 Stat. 713-714 (42 U.S.C. 295g-8a), and redesignated as 
section 782, as amended by Pub. L. 100-607, 102 Stat. 3136 (42 
U.S.C. 295g-2); renumbered as sec. 739, as amended by Pub. L. 102-
408, 106 Stat. 2027-2031 (42 U.S.C. 293c).


Sec. 57.2101  [Amended]

    2. Section 57.2101 is amended by revising the citation ``782 of the 
Public Health Service Act (42 U.S.C. 295g-2)'' to read ``739 of the 
Public Health Service Act (42 U.S.C. 293c)''.
    3. Section 57.2102 is amended by revising the section numbers 
``701(4)'' and ``701(5)'' respectively, in the definition of Health 
professions school to read ``799(1) (A), (B), (C), and (D)'' and 
``799(1)(E)'' respectively; and by revising the definition of State to 
read as follows:


Sec. 57.1202  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.


Sec. 57.2103  [Amended]

    4. Section 57.2103 is amended by revising the section number 
``701(4)'' in the first sentence to read ``799(1) (A), (B), (C), and 
(D) of the Act''.
    5. Section 57.2105 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec. 57.2105  How will applications be evaluated?

    (a) As required by section 798(a) of the Act, each application for 
a grant under this subpart shall be submitted to a peer review group, 
composed principally of non-Federal experts, for an evaluation of the 
merits of the proposals made in the application. The Secretary may not 
approve such an application unless a peer review group has recommended 
the application for approval. The Secretary will decide which 
applications to approve by considering, among other factors:
* * * * *


Sec. 57.2108  [Amended]

    6. Section 57.2108 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    7. Section 57.2109 is revised to read as follows:


Sec. 57.2109  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

Subpart Y--Grants for Nurse Practitioner and Nurse Midwifery 
Programs

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 822(a) of the 
Public Health Service Act, 89 Stat. 361, as amended by 99 Stat. 394-
395 and 548 (42 U.S.C. 296m).

    2. Section 57.2402 is amended by revising paragraphs (c) and (k) to 
read as follows:


Sec. 57.2402  Definitions.

* * * * *
    (c) Council means the National Advisory Council on Nursing 
Education and Practice (established by section 851 of the Act).
* * * * *
    (k) State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *


Sec. 57.2409  [Amended]

    3. Section 57.2409 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.

[[Page 6127]]


Subpart Z--Grants for Advanced Nurse Education Programs

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 821 of the 
Public Health Service Act, 89 Stat. 361; as amended by 95 Stat. 930, 
99 Stat. 394 and 548, and Pub. L. 102-408, 106 Stat. 2072 (42 U.S.C. 
296l).

    2. Section 57.2501 is revised to read as follows:


Sec. 57.2501  Applicability.

    The regulations of this subpart apply to the award of grants to 
public and private nonprofit collegiate schools of nursing under 
section 821 of the Public Health Service Act (42 U.S.C. 296l) to meet 
the costs of projects to:
    (a) Plan, develop, and operate new programs; or
    (b) Significantly expand existing programs leading to advanced 
degrees that prepare nurses to serve as nurse educators or public 
health nurses, or in other clinical nurse specialties determined by the 
Secretary to require advanced education.
    3. Section 57.2502 is amended by revising the definitions of 
Council and State to read as follows:


Sec. 57.2502  Definitions.

* * * * *
    Council means the National Advisory Council on Nurse Education and 
Practice established by section 851(a) of the Act.
* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
    4. Section 57.2503 is amended by removing paragraph (b)(3) and by 
revising the introductory text of (b)(2) to read as follows:


Sec. 57.2503  Eligibility.

* * * * *
    (b) * * *
    (2) A project to significantly expand an advanced nurse education 
program through one or more of the following activities:
* * * * *
    5. Section 57.2504 is amended by revising paragraphs (c)(1) and (d) 
to read as follows:


Sec. 57.2504  Application.

* * * * *
    (c) * * *
    (1) A proposal for a project to:
    (i) Plan, develop, and operate; or
    (ii) Significantly expand an advanced nurse education program;
* * * * *
    (d) In the case of a project to significantly expand an advanced 
nurse education program, the application shall contain an assurance 
satisfactory to the Secretary that the applicant will expend, in 
carrying out the program for which a grant under this subpart is 
sought, an amount of non-Federal funds (excluding costs of 
construction) at least as great as the average amount of non-Federal 
funds (excluding expenditures of a nonrecurring nature, including costs 
of construction) expended for this purpose during the 3 fiscal years 
immediately preceding the fiscal year for which the grant is sought.
* * * * *
    6. Section 57.2506 is amended by revising paragraph (b) to read as 
follows:


Sec. 57.2506  Evaluation and grant awards.

* * * * *
    (b) Funding preference. In determining the funding of applications 
approved under paragraph (a) of this section, the Secretary may from 
time to time announce in the Federal Register special factors relating 
to national needs.
* * * * *


Sec. 57.2509  [Amended]

    7. Section 57.2509 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.

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

    1. Part 57 is amended by removing and reserving subpart AA 
(consisting of Secs. 57.2601 through 57.2617).

Subpart CC--Scholarships for Students of Exceptional Financial Need

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 758 of the Public 
Health Service Act, 90 Stat. 2289, as amended by 102 Stat. 3126-3127 
(42 U.S.C. 294z); renumbered as sec. 736, as amended by Pub. L. 102-
408, 106 Stat. 2022 (42 U.S.C. 293).


Sec. 57.2801  [Amended]

    2. Section 57.2801 is amended by revising the citation ``758 of the 
Public Health Service Act (42 U.S.C. 294z)'' to read ``736 of the 
Public Health Service Act (42 U.S.C. 293)''.
    3. Section 57.2802 is amended by revising the citation ``701(4) of 
the Act'' in the definition of Full-time student to read ``799(1)(A) of 
the Act''; by revising the citation ``701(4) of the Act'' and ``701(5) 
of the Act'' respectively, in the definition of Health professions 
school or school to read ``799(1)(A) of the Act'' and ``799(1)(E) of 
the Act'' respectively; and by revising the definition of State to read 
as follows:


Sec. 57.2802  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
    4. Section 57.2804 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 57.2804  Students eligible for scholarships.

    (a) * * *
    (1) Is a resident of the United States, and either a citizen or 
national of the United States, an alien lawfully admitted for permanent 
residence in the United States, a citizen of the Commonwealth of the 
Northern Mariana Islands, a citizen of the Republic of Palau, a citizen 
of the Republic of the Marshall Islands, or a citizen of the Federated 
States of Micronesia.
* * * * *


Sec. 57.2805  [Amended]

    5. Section 57.2805 is amended by revising the citation ``751(g)(3) 
of the Act'' in paragraph (c) to read ``338A(g)(3) of the Act''.


Sec. 57.2808  [Amended]

    6. Section 57.2808 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    7. Section 57.2809 is amended by revising paragraph (a) to read as 
follows:


Sec. 57.2809  What other records, audit, and inspection requirements 
apply to grantees?

    (a) Each entity which receives a grant under this subpart must meet 
the requirements of 45 CFR part 75 concerning audit and inspection.
* * * * * 

[[Page 6128]]


Subpart DD--Financial Assistance for Disadvantaged Health 
Professions Students

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 787 of the 
Public Health Service Act, 90 Stat. 2309, as amended by 95 Stat. 
923, 99 Stat. 541 (42 U.S.C. 295g-7); renumbered as sec. 740, as 
amended by Pub. L. 102-408, 106 Stat. 2032-2033 (42 U.S.C. 293d).


Sec. 57.2901  [Amended]

    2. Section 57.2901 is amended by revising the section number 
``787(a)(2)(F) and (b)'' to read ``740(a)(2)(F) and (d)''.
    3. Section 57.2902 is amended by revising the citation ``701(4) of 
the Act'' in the definitions of Full-time student and School to read 
``799(1)(A) of the Act''; and by revising the definition of State to 
read as follows:


Sec. 57.2902 Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
    5. Section 57.2904 is amended by revising the OMB control number 
``0915-0110'' in the parenthetical phrase at the end of the section to 
read ``0915-0028''; and by revising paragraph (a)(1) to read as 
follows:


Sec. 57.2904  Eligibility and selection of aid recipients.

    (a) * * *
    (1) Is a resident of the United States and either a citizen or 
national of the United States, an alien lawfully admitted for permanent 
residence in the United States, a citizen of the Commonwealth of the 
Northern Mariana Islands, a citizen of the Republic of Palau, a citizen 
of the Republic of the Marshall Islands, or a citizen of the Federated 
States of Micronesia.
* * * * *


Sec. 57.2908  [Amended]

    6. Section 57.2908 is amended by revising the section number 
``704'' in the heading of citation 45 CFR part 83 to read ``794''.
    7. Section 57.2909 is amended by revising the OMB control number 
``0915-0110'' in the parenthetical phrase at the end of the section to 
read ``0915-0028''; and by revising paragraph (a) to read as follows:


Sec. 57.2909  What other records, audit, and inspection requirements 
apply to schools?''

    (a) Each entity which receives a grant under this subpart must meet 
the requirements of 45 CFR part 75 concerning audit and inspection.
* * * * *

Subpart EE--Grants for Residency Training in Preventive Medicine

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

    Authority: Sec. 793 of the Public Health Service Act, 95 Stat. 
928 (42 U.S.C. 295h-1c); redesignated as section 788(c) of the 
Public Health Service Act, 102 Stat. 3134-3135 (42 U.S.C. 295g-
8(e)); renumbered as sec. 763, as amended by Pub. L. 102-408, 106 
Stat. 2047 (42 U.S.C. 294b).


Sec. 57.3001  [Amended]

    2. Section 57.3001 is amended by revising the citation ``788(c) of 
the Public Health Service Act (42 U.S.C. 295g-8(e))'' to read ``763 of 
the Public Health Service Act (42 U.S.C. 294b)''.
    3. Section 57.3002 is amended by revising the definition of State 
to read as follows:


Sec. 57.3002  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
    4. Section 57.3005 is amended by revising paragraph (a) 
introductory text and paragraph (a)(1) to read as follows:


Sec. 57.3005  How will applications be evaluated?

    (a) As required by section 798(a) of the Act, each application for 
a grant under this subpart shall be submitted to a peer review group, 
composed principally of non-Federal experts, for an evaluation of the 
merits of the proposals made in the application. The Secretary may not 
approve such an application unless a peer review group has recommended 
the application for approval. The Secretary will decide which 
applications to approve by considering, among other factors:
    (1) The potential effectiveness of the proposed project in carrying 
out the training purposes of section 763 of the PHS Act;
* * * * *


Sec. 57.3009  [Amended]

    5. Section 57.3009 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    6. Section 57.3010 is revised to read as follows:


Sec. 57.3010  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

Subpart FF--Grants for Residency Training and Faculty Development 
in General Internal Medicine and/or General Pediatrics

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, 63 Stat. 35 (42 U.S.C. 216); sec. 784 of the Public Health 
Service Act, 90 Stat. 2315, as amended by 95 Stat. 922-923 and 99 
Stat. 540 (42 U.S.C. 295g-4); renumbered as sec. 748, as amended by 
Pub. L. 102-408, 106 Stat. 2043 (42 U.S.C. 293l).


Sec. 57.3101  [Amended]

    2. Section 57.3101 is amended by revising the citation ``784 of the 
Public Health Service Act (42 U.S.C. 295g-4)'' in the introductory text 
to read ``748 of the Public Health Service Act (42 U.S.C. 293l)''.
    3. Section 57.3102 is amended by revising section number ``701(5)'' 
in the definition of School of medicine and osteopathic medicine to 
read ``799(1)(E)''; by revising section number ``784'' in the 
definition of Trainee to read ``748''; and by revising the definition 
of State to read as follows:


Sec. 57.3102  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *
    4. Section 57.3106 is amended by revising paragraph (a) 
introductory text to read as follows:


Sec. 57.3106  How will applications be evaluated?

    (a) As required by section 798(a) of the Act, each application for 
a grant under this subpart shall be submitted to a peer review group, 
composed principally of non-Federal experts, for an evaluation of the 
merits of the proposals made in the application. The Secretary may not 
approve such an 

[[Page 6129]]
application unless a peer review group has recommended the application 
for approval. The Secretary will award grants to applicants whose 
projects best promote the purposes of section 748 of the Act. The 
Secretary will take into consideration, among other factors:
* * * * *


Sec. 57.3110  [Amended]

    5. Section 57.3110 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    6. Section 57.3111 is revised to read as follows:


Sec. 57.3111  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

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

    1. Part 57 is amended by removing and reserving subpart HH 
(consisting of Secs. 57.3301 through 57.3303).

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

    1. Part 57 is amended by removing and reserving subpart NN 
(consisting of Secs. 57.3901 through 57.3910).

Subpart OO--Grants for Geriatric Education Centers

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, 67 Stat. 631 (42 U.S.C. 216); sec. 788(d) of the Public Health 
Service Act, 99 Stat. 542 (42 U.S.C. 295g-8); redesignated as sec. 
789(a), as amended by Pub. L. 100-607, 102 Stat. 3136-37 (42 U.S.C. 
295g-9(a)); renumbered as sec. 777(a), as amended by Pub. L. 102-
408, 106 Stat. 2052-54 (42 U.S.C. 294o).

    2. Section 57.4002 is amended by revising the definition of State 
to read as follows:


Sec. 57.4002  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *


Sec. 57.4008  [Amended]

    3. Section 57.4008 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.
    4. Section 57.4009 is revised to read as follows:


Sec. 57.4009  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

Subpart PP--Grants for Faculty Training Projects in Geriatric 
Medicine and Dentistry

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, 67 Stat. 631 (42 U.S.C. 216); sec. 789(b) of the PHS Act, as 
amended by Pub. L. 100-607, 102 Stat. 3136-3138 (42 U.S.C. 295g-
9(b)); renumbered as sec. 777(b), as amended by Pub. L. 102-408, 106 
Stat. 2052-54 (42 U.S.C. 294o).

    2. Section 57.4102 is amended by revising the definition of State 
to read as follows:


Sec. 57.4102  Definitions.

* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *
    3. Section 57.4109 is amended by revising paragraph (a) to read as 
follows:


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

* * * * *
    (a) Be a resident of the United States and either a citizen or 
national of the United States, an alien lawfully admitted for permanent 
residence in the United States, a citizen of the Commonwealth of the 
Northern Mariana Islands, a citizen of the Republic of Palau, a citizen 
of the Republic of the Marshall Islands, or a citizen of the Federated 
States of Micronesia;
* * * * *


Sec. 57.4113  [Amended]

    4. Section 57.4113 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''.

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

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

    1. Part 58 is amended by removing and reserving subpart A 
(consisting of Secs. 58.1 through 58.11).

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

    1. Part 58 is amended by removing and reserving subpart B 
(consisting of Secs. 58.20 through 58.29).

Subpart C--Grants for Public Health Traineeships for Students in 
Schools of Public Health and in Other Graduate Public Health 
Programs

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

    Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 
690, as amended by 63 Stat. 35 (42 U.S.C. 216); sec. 748 of the 
Public Health Service Act, 90 Stat. 2279, as amended by 91 Stat. 
1505; as amended and redesignated as sec. 792 of the Public Health 
Service Act by 95 Stat. 927 (42 U.S.C. 295h-1b); renumbered as sec. 
761, as amended by Pub. L. 102-408, 106 Stat. 2045 (42 U.S.C. 294).


Sec. 58.201  [Amended]

    2. Section 58.201 is amended by revising the citation ``792 of the 
Public Health Service Act (42 U.S.C. 295h-1b)'' to read ``761 of the 
Public Health Service Act (42 U.S.C. 294)''.
    3. Section 58.202 is amended by revising the section number 
``701(5)'' in the definition of School of Public Health to read 
``799(1)(E)''; and by revising the definitions of Educational entity, 
Nonprofit, and State to read as follows:


Sec. 58.202  Definitions.

* * * * *
    Educational entity means a school, college, or university which is 
accredited by a body or bodies recognized for this purpose by the 
Secretary of Education or an institution which provides specialized 
training in public health.
* * * * *
    Nonprofit refers to the status of an entity which is a corporation 
or association, or is owned and operated by one or more corporations or 
associations no part of the net earnings of which inures, or may 
lawfully insure, to the benefit of any private shareholder or 
individual.
* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the 

[[Page 6130]]
Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, 
American Samoa, the Republic of Palau, the Republic of the Marshall 
Islands, and the Federated States of Micronesia.
* * * * *


Sec. 58.203  [Amended]

    4. Section 58.203 is amended by revising the section number 
``791A'' in the footnote of paragraph (b) to read ``771''.


Sec. 58.204  [Amended]

    5. Section 58.204 is amended by revising the section number ``792'' 
in the concluding text of paragraph (b) to read ``761''.
    6. Section 58.205 is amended by revising paragraph (a) to read as 
follows:


Sec. 58.205  How is the amount of the award determined?

    (a) Grants to schools of public health. The Secretary will use a 
formula to determine the amount of the grant to be awarded to each 
school of public health with an approved application.
    This formula is
    [GRAPHIC] [TIFF OMITTED] TR16FE96.000
    
    G is the amount of the grant award; SS is the number of eligible 
full-time and full-time equivalent students of each applicant 
enrolled in severe shortage occupations targeted for support 
(epidemiology, environmental health, biostatistics, toxicology, 
public health nutrition, and maternal and child health); TS is the 
total number of students enrolled in graduate and specialized 
training in all schools of public health with approved applications; 
and AF is the amount of traineeship funds under this program that 
the Secretary has designated for award to schools of public health 
for that fiscal year. The Secretary will determine the number of 
students enrolled in graduate and specialized training in public 
health at the school (SS) with the formula
[GRAPHIC] [TIFF OMITTED] TR16FE96.001

    FTS is the number of full-time students, and PTC is the total 
number of credit hours in which part-time students are enrolled. If 
necessary, the figure for
[GRAPHIC] [TIFF OMITTED] TR16FE96.002

will be rounded to the next highest number. Students will be counted 
as of October 15 of the fiscal year in which application is made. 
The amount of a grant will never exceed the amount requested by the 
applicant.
* * * * *
    7. Section 58.208 is amended by removing paragraphs (a) through 
(e); by redesignating paragraphs (f) through (i) as paragraphs (a) 
through (d); by revising the heading of the section; and by adding the 
OMB information collections control number at the end of the section to 
read as follows:


Sec. 58.208  What are the requirements for appointment of trainees?

* * * * *
(Approved by the Office of Management and Budget under control 
number 0915-0060)

    8. Section 58.209 is revised as follows:


Sec. 58.209  Who is eligible for financial assistance as a trainee?

    (a) To be eligible for a traineeship, an individual must meet the 
following conditions:
    (1) Trainees must be United States citizens, non-citizen nationals, 
or foreign nationals having in their possession a visa permitting 
permanent residence in the United States.
    (2) New trainees must be pursuing a graduate degree in a health 
professions field in which there is a severe shortage of health 
professionals (including the fields of epidemiology, environmental 
health, biostatistics, toxicology, public health nutrition, and 
maternal and child health). Ongoing traineeship commitment will be 
continued.
    (3) All trainees must meet the school's admission requirements 
specified in the approved grant application.
    (b) Traineeship support may not be provided to:
    (1) Individuals who do not meet the qualifications for admission as 
specified in the approved application;
    (2) Full-time Federal employees unless they are on Leave Without 
Pay status;
    (3) Students pursuing training at the undergraduate level;
    (4) Students in programs designed to prepare them for careers in 
research;
    (5) Preventive medicine and dental public health residents (section 
763 of the Act may be used for these students); or
    (6) Individuals on temporary or student visas.
    9. Section 58.213 is amended by removing the footnote to the CFR 
citation ``45 CFR part 83'' and by revising the section numbers ``799A 
and 845'' in the citation's heading to read ``794 and 855''; and by 
adding the following CFR reference at the end of the section to read as 
follows:


Sec. 58.213  What additional Department regulations apply to grantees?

* * * * *
45 CFR part 93--New restrictions on lobbying

    10. Section 58.214 is revised as follows:


Sec. 58.214  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.

Subpart D--Grants for Health Administration Traineeships and 
Special Projects Program

    1. The authority for subpart D is revised to read as follows:
    2. The heading for subpart D is revised as set forth above.

    Authority: Sec. 215 of the Public Health Service Act. 58 Stat. 
690, 67 Stat. 631 (42 U.S.C. 216); sec. 749 of the Public Health 
Service Act, 90 Stat. 2280, Pub. L. 94-484 (42 U.S.C. 294s); 
redesignated as sec. 791A, amended by 95 Stat. 927, Pub. L. 97-35 
and 96 Stat. 2061, Pub. L. 97-414 (42 U.S.C. 295h-1a); renumbered as 
sec. 771, amended by 106 Stat. 2049, Pub. L. 102-408 (42 U.S.C. 
294i).


Sec. 58.221  [Amended]

    3. Section 58.221 is amended by revising the citation ``791A of the 
Public Health Service Act'' to read ``771 of the Public Health Service 
Act (42 U.S.C. 294i)''.
    4. Section 58.222 is amended by revising the citation ``701(5) of 
the Act'' in the definition of School of public health to read 
``799(1)(E) of the Act''; and by revising the definitions of Nonprofit 
and State to read as follows:


Sec. 58.222  Definitions.

* * * * *
    Nonprofit refers to the status of an entity which is a corporation 
or association, or is owned and operated by one or more corporations or 
associations no part of the net earnings of which inures, or may 
lawfully inure, to the benefit of any private shareholder or 
individual.
* * * * *
    State means, in addition to the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, the 
Republic of Palau, the Republic of the Marshall Islands, and the 
Federated States of Micronesia.
* * * * *


Sec. 58.223  [Amended]

    4. Section 58.223 is amended by revising the citation 701(5) of the 
Act'' to read ``799(1)(E) of the Act.''
    5. Section 58.224 is revised as follows:


Sec. 58.224  How will applications be evaluated?

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

[[Page 6131]]
under this subpart shall be submitted to a peer review group, composed 
principally of non-Federal experts, for an evaluation of the merits of 
the proposals made in the application. The Secretary may not approve 
such an application unless a peer review group has recommended the 
application for approval.
    (b) The following criteria will be used for review of applications:
    (1) The administrative and management ability of the applicant to 
carry out the proposed project in a cost-effective manner;
    (2) The adequacy of the staff and faculty;
    (3) The adequacy of institutional resources available to conduct 
graduate level education, to include the adequacy of teaching 
facilities;
    (4) The adequacy of recruitment and placement assistance for 
students in accord with the legislative purpose and intent; and
    (5) The extent to which the application justifies the purpose, 
scope, and need for traineeship and or special project grant.

(Approved by the Office of Management and Budget under control 
number 0915-0060)


Sec. 58.225  [Amended]

    6. Section 58.225 is amended by revising the section number ``791A 
in the formula to read ``771''.


Sec. 58.228  [Removed]

    7. Section 58.228 is removed.


Sec. 58.229  [Redesignated as Sec. 58.228]

    8. Section 58.229 is redesignated as Sec. 58.228 and is amended by 
revising paragraph (a) to read as follows:


Sec. 58.228  Who is eligible for financial assistance as a trainee?

* * * * *
    (a) The individual must be a resident of the United States and 
either a citizen or national of the United States, an alien lawfully 
admitted for permanent residence in the United States, a citizen of the 
Commonwealth of the Northern Mariana Islands, a citizen of the Republic 
of Palau, a citizen of the Republic of the Marshall Islands or a 
citizen of the Federated States of Micronesia.
* * * * *


Sec. 58.230  [Redesignated as Sec. 58.229]

    9. Section 58.230 is redesignated as Sec. 58.229.


Sec. 58.231  [Redesignated as Sec. 58.230]

    10. Section 58.231 is redesignated as Sec. 58.230.


Sec. 58.232  [Redesignated as Sec. 58.231]

    11. Section 58.232 is redesignated as Sec. 58.231.


Sec. 58.233  [Redesignated as Sec. 58.232]

    12. Section 58.233 is redesignated as Sec. 58.232 and is amended by 
removing the parenthetical phrase at the end of the section; by 
removing the footnote to the CFR citation ``45 CFR part 83'' and by 
revising the section numbers ``799A and 845'' in the citation's heading 
to read ``794 and 855''; and by adding the following CFR reference at 
the end of the section to read as follows:


Sec. 58.232  What additional Department regulations apply to grantees?

* * * * *
45 CFR part 93--New restrictions on lobbying


Sec. 58.234  [Redesignated as Sec. 58.233]

    13. Section 58.234 is redesignated as Sec. 58.233 and is revised to 
read as follows:


Sec. 58.233  What other audit and inspection requirements apply to 
grantees?

    Each entity which receives a grant under this subpart must meet the 
requirements of 45 CFR part 75 concerning audit and inspection.


Sec. 58.235  [Redesignated as Sec. 58.234]

    14. Section 58.235 is redesignated as Sec. 58.234.

Subpart E (Secs. 58.401-58.414)--[Removed and Reserved]

    1. Part 58 is amended by removing and reserving subpart E 
(consisting of Secs. 58.401 through 58.414).

Subpart F (Secs. 58.501-58.515)--[Removed and Reserved]

    1. Part 58 is amended by removing and reserving subpart F 
(consisting of Secs. 58.501 through 58.515).

[FR Doc. 96-3054 Filed 2-15-96; 8:45 am]
BILLING CODE 4160-15-M