[Code of Federal Regulations]
[Title 42, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR68c.12]

[Page 412]
 
                         TITLE 42--PUBLIC HEALTH
 
    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 68c--NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT CONTRACEPTION AND INFERTILITY RESEARCH LOAN REPAYMENT PROGRAM--Table of Contents
 
Sec. 68c.12  What will happen if an individual does not comply with the terms and conditions of participation in the CIR-LRP?

    (a) Absent withdrawal (see Sec. 68c.2) or termination under 
paragraph (d) of this section, any participant who fails to begin or 
complete the minimum two-year service obligation required under the 
Program contract, will be considered to have breached the contract and 
will be subject to assessment of monetary damages and penalties as 
follows:
    (1) Participants who leave during the first year of the initial 
contract are liable for amounts already paid by the CIR-LRP on behalf of 
the participant plus an amount equal to $1,000 multiplied by the number 
of months of the original two-year service obligation.
    (2) Participants who leave during the second year of the contract 
are liable for amounts already paid by the NICHD on behalf of the 
participant plus $1,000 for each unserved month.
    (b) Participants who sign a continuation contract for any year 
beyond the initial two-year period and fail to complete the one-year 
period specified are liable for the pro rata amount of any benefits 
advanced beyond the period of completed service plus an amount equal to 
the number of months of obligated service that were not completed by the 
participant multiplied by $1,000.
    (c) Payments of any amount owed under paragraph (a) or (b) of this 
section shall be made within one year of the participant's breach (or 
such longer period as determined by the Secretary).
    (d) Terminations will not be considered a breach of contract in 
cases where such terminations are beyond the control of the participant 
as follows:
    (1) Terminations for cause or for convenience of the Government that 
are not based upon a breach or default of the participant will not be 
considered a breach of contract and monetary damages will not be 
assessed.
    (2) The participant transfers to another NICHD intramural laboratory 
or eligible NICHD-supported extramural site, in which case the 
participant remains bound to any and all obligations of the contract.
    (3) The participant transfers to a site other than an NICHD 
intramural laboratory or eligible NICHD-supported extramural site, in 
which case the participant may not be assessed monetary penalties if, in 
the judgement of the CIR-LRP Panel, the participant continues to engage 
in contraception and/or infertility research for any remaining period of 
obligated service as set forth in the contract.