TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A. THE PUBLIC HEALTH SERVICE
NATIONAL RESEARCH INSTITUTES
AWARDS AND TRAINING

42 USCS § 288 (2002)
 
§ 288.  Ruth L. Kirschstein National Research Service Awards
 
(a) Biomedical and behavioral research and research training; programs and institutions included; restriction; special consideration.
    (1) The Secretary shall--
       (A) provide Ruth L. Kirschstein National Research Service Awards for--
          (i) biomedical and behavioral research at the National Institutes of  Health in matters relating to the cause, diagnosis, prevention, and treatment of  the diseases or other health problems to which the activities of the National  Institutes of Health and Administration are directed;
          (ii) training at the National Institutes of Health and at the  Administration of individuals to undertake such research;
          (iii) biomedical and behavioral research and health services research  (including research in primary medical care) at public and nonprofit private  entities; and
          (iv) pre-doctoral and post-doctoral training at public and private  institutions of individuals to undertake biomedical and behavioral research;
       (B) make grants to public and nonprofit private institutions to enable  such institutions to make Ruth L. Kirschstein National Research Service Awards  for research (and training to undertake biomedical and behavioral research) in  the matters described in subparagraph (A)(i) to individuals selected by such  institutions; and
       (C) provide contracts for scholarships and loan repayments in accordance  with sections 487D and 487E [42 USCS §§ 288-4 and 288-5], subject to providing  not more than an aggregate 50 such contracts during the fiscal years 1994  through 1996.
A reference in this subsection to the National Institutes of Health shall be considered to include the institutes, agencies, divisions, and bureaus included in the National Institutes of Health or under the Administration, as the case may be.
    (2) Ruth L. Kirschstein National Research Service Awards may not be used to support residency training of physicians and other health professionals.
    (3) In awarding Ruth L. Kirschstein National Research Service Awards under this section, the Secretary shall take account of the Nation's overall need for biomedical research personnel by giving special consideration to physicians who agree to undertake a minimum of two years of biomedical research.
    (4) The Secretary shall carry out paragraph (1) in a manner that will result in the recruitment of women, and individuals from disadvantaged backgrounds (including racial and ethnic minorities), into fields of biomedical or behavior research and in the provision of research training to women and such individuals.
(b) Prerequisites for Award; review and approval by appropriate advisory councils; Award period; uses for Award; payments to non-Federal public or nonprofit private institutions.
    (1) No Ruth L. Kirschstein National Research Service Award may be made by the Secretary to any individual unless--
       (A) the individual has submitted to the Secretary an application therefore  and the Secretary has approved the application;
       (B) the individual provides, in such form and manner as the Secretary  shall by regulation prescribe, assurances satisfactory to the Secretary that the  individual will meet the service requirement of subsection (c); and
       (C) in the case of a Ruth L. Kirschstein National Research Service Award  for a purpose described in subsection (a)(1)(A)(iii), the individual has been  sponsored (in such manner as the Secretary may by regulation require) by the  institution at which the research or training under the award will be conducted.
An application for an award shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe.
    (2) The making of grants under subsection (a)(1)(B) for Ruth L. Kirschstein  National Research Service Awards shall be subject to review and approval by the  appropriate advisory councils within the Department of Health and Human Services
 (A) whose activities relate to the research or training under the awards, or (B)  for the entity at which such research or training will be conducted.
    (3) No grant may be made under subsection (a)(1)(B) unless an application  therefore has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe. Subject to the provisions of this  section (other than paragraph (1)), Ruth L. Kirschstein National Research  Service Awards made under a grant under subsection (a)(1)(B) shall be made in  accordance with such regulations as the Secretary shall prescribe.
    (4) The period of any Ruth L. Kirschstein National Research Service Award made to any individual under subsection (a) may not exceed--
       (A) five years in the aggregate for pre-doctoral training; and
       (B) three years in the aggregate for post-doctoral training; unless the Secretary for good cause shown waives the application of such limit to such individual.
    (5) Ruth L. Kirschstein National Research Service Awards shall provide for  such stipends, tuition, fees, and allowances (including travel and subsistence  expenses and dependency allowances), adjusted periodically to reflect increases  in the cost of living, for the recipients of the awards as the Secretary may  deem necessary. A Ruth L. Kirschstein National Research Service Award made to an individual for research or research training at a non-Federal public or nonprofit private institution shall also provide for payments to be made to the institution for the cost of support services (including the cost of faculty salaries, supplies, equipment, general research support, and related items) provided such individual by such institution. The amount of any such payments to any institution shall be determined by the Secretary and shall bear a direct relationship to the reasonable costs of the institution for establishing and maintaining the quality of its biomedical and behavioral research and training programs.
(c) Health research or teaching; service period; recovery upon noncompliance with service requirement, formula; cancellation or waiver of obligation.
    (1) Each individual who is awarded a Ruth L. Kirschstein National Research  Service Award for postdoctoral research training shall, in accordance with  paragraph (3), engage in research training, research, or teaching that is  health-related (or any combination thereof) for the period specified in  paragraph (2). Such period shall be served in accordance with the usual patterns of scientific employment.
    (2) (A) The period referred to in paragraph (1) is 12 months, or one month  for each month for which the individual involved receives a Ruth L. Kirschstein  National Research Service Award for postdoctoral research training, whichever is  less.
         (B) With respect to postdoctoral research training, in any case in which an individual receives a Ruth L. Kirschstein National Research Service Award for more than 12 months, the 13th month and each subsequent month of performing activities under the Award shall be considered to be activities engaged in toward satisfaction of the requirement established in paragraph (1) regarding a period of service.
    (3) The requirement of paragraph (1) shall be complied with by any individual to whom it applies within such reasonable period of time, after the completion of such individual's award, as the Secretary shall by regulation prescribe. The Secretary shall by regulation prescribe the type of research and teaching in which an individual may engage to comply with such requirement and such other requirements respecting research and teaching as the Secretary considers appropriate.
    (4) (A) If any individual to whom the requirement of paragraph (1) is  applicable fails, within the period prescribed by paragraph (3), to comply with  such requirements, the United States shall be entitled to recover from such  individual an amount determined in accordance with the formula--
            [[The formula for determining the amount of recovery by the United States can be found in the USCS print publication]]
       in which "A" is the amount the United States is entitled to recover; "  [phi] " is the sum of the total amount paid under one or more Ruth L.  Kirschstein National Research Service Awards to such individual; "t" is the  total number of months in such individual's service obligation; and "s" is the  number of months of such obligation served by such individual in accordance with  paragraphs (1) and (2) of this subsection.
       (B) Any amount which the United States is entitled to recover under subparagraph (A) shall, within the three-year period beginning on the date the United States becomes entitled to recover such amount, be paid to the United States. Until any amount due the United States under subparagraph (A) on account of any Ruth L. Kirschstein National Research Service Award is paid, there shall accrue to the United States interest on such amount at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing on the date the United States becomes entitled to such amount.
    (5)(A) Any obligation of an individual under paragraph (1) shall be canceled upon the death of such individual.
       (B) The Secretary shall by regulation provide for the waiver or suspension of any such obligation applicable to any individual whenever compliance by such individual is impossible or would involve substantial hardship to such individual or would be against equity and good conscience.
 (d) Authorization of appropriations; apportionment.  For the purpose of carrying out this section, there are authorized to be appropriated $ 400,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 and 1996. Of the amounts appropriated under this subsection--
    (1) not less than 15 percent shall be made available for payments under Ruth  L. Kirschstein National Research Service Awards provided by the Secretary under  subsection (a)(1)(A);
    (2) not less than 50 percent shall be made available for grants under  subsection (a)(1)(B) for Ruth L. Kirschstein National Research Service Awards;
    (3) 1 percent shall be made available for payments under Ruth L. Kirschstein National Research Service Awards which (A) are made to individuals affiliated with entities which have received grants or contracts under section 747, 748, or 749 [42 USCS § 293k, 293l, or 293m], and (B) are for research in primary medical care; and 1 percent shall be made available for payments under Ruth L.  Kirschstein National Research Service Awards made for health services research  by the Agency for Health Care Policy and Research [Agency for Healthcare  Research and Quality] under section 304(a) [42 USCS § 242b(a)]; and
    (4) not more than 4 percent may be obligated for Ruth L. Kirschstein National  Research Service Awards for periods of three months or less.