[Code of Federal Regulations] [Title 42, Volume 1, Parts 1 to 399]
[Revised as of October 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR59]
[Page 407-416]
TITLE 42--PUBLIC HEALTH
CHAPTER I--PUBLIC HEALTH SERVICE,
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PART 59--GRANTS FOR FAMILY PLANNING SERVICES
Subpart A--Project Grants for Family Planning Services
Sec.
59.1 To what programs do these regulations apply?
59.2 Definitions.
59.3 Who is eligible to apply for a family planning services grant?
59.4 How does one apply for a family planning services grant?
59.5 What requirements must be met by a family planning project?
59.6 What procedures apply to assure the suitability of informational
and educational material?
59.7 What criteria will the Department of Health and Human Services
use to decide which family planning services projects to fund
and in what amount?
59.8 How is a grant awarded?
59.9 For what purposes may grant funds be used?
59.10 What other HHS regulations apply to grants under this subpart?
59.11 Confidentiality.
59.12 Additional conditions.
Subpart B [Reserved]
Subpart C--Grants for Family Planning Service Training
59.201 Applicability.
59.202 Definitions.
59.203 Eligibility.
59.204 Application for a grant.
59.205 Project requirements.
59.206 Evaluation and grant award.
59.207 Payments.
59.208 Use of project funds.
59.209 Civil rights.
59.210 Inventions or discoveries.
59.211 Publications and copyright.
59.212 Grantee accountability.
59.213 [Reserved]
59.214 Additional conditions.
59.215 Applicability of 45 CFR part 74.
Subpart A--Project Grants for Family Planning Services
Authority: 42 U.S.C. 300a-4.
[[Page 408]]
Source: 65 FR 41278, July 3, 2000, unless otherwise noted.
Sec. 59.1 To what programs do these regulations apply?
The regulations of this subpart are applicable to the award of
grants under section 1001 of the Public Health Service Act (42 U.S.C.
300) to assist in the establishment and operation of voluntary family
planning projects. These projects shall consist of the educational,
comprehensive medical, and social services necessary to aid individuals
to determine freely the number and spacing of their children.
[65 FR 41278, July 3, 2000; 65 FR 49057, Aug. 10, 2000]
Sec. 59.2 Definitions.
As used in this subpart:
Act means the Public Health Service Act, as amended.
Family means a social unit composed of one person, or two or more
persons living together, as a household.
Low income family means a family whose total annual income does not
exceed 100 percent of the most recent Poverty Guidelines issued pursuant
to 42 U.S.C. 9902(2). ``Low-income family'' also includes members of
families whose annual family income exceeds this amount, but who, as
determined by the project director, are unable, for good reasons, to pay
for family planning services. For example, unemancipated minors who wish
to receive services on a confidential basis must be considered on the
basis of their own resources.
Nonprofit, as applied to any private agency, institution, or
organization, means that no part of the entity's net earnings benefit,
or may lawfully benefit, any private shareholder or individual.
Secretary means the Secretary of Health and Human Services and any
other officer or employee of the Department of Health and Human Services
to whom the authority involved has been delegated.
State includes, in addition to the several States, the District of
Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana
Islands, the U.S. Virgin Islands, American Samoa, the U.S. Outlying
Islands (Midway, Wake, et al.), the Marshall Islands, the Federated
State of Micronesia and the Republic of Palau.
[65 FR 41278, July 3, 2000; 65 FR 49057, Aug. 10, 2000]
Sec. 59.3 Who is eligible to apply for a family planning services
grant?
Any public or nonprofit private entity in a State may apply for a
grant under this subpart.
Sec. 59.4 How does one apply for a family planning services grant?
(a) Application for a grant under this subpart shall be made on an
authorized form.
(b) An individual authorized to act for the applicant and to assume
on behalf of the applicant the obligations imposed by the terms and
conditions of the grant, including the regulations of this subpart, must
sign the application.
(c) The application shall contain--
(1) A description, satisfactory to the Secretary, of the project and
how it will meet the requirements of this subpart;
(2) A budget and justification of the amount of grant funds
requested;
(3) A description of the standards and qualifications which will be
required for all personnel and for all facilities to be used by the
project; and
(4) Such other pertinent information as the Secretary may require.
Sec. 59.5 What requirements must be met by a family planning project?
(a) Each project supported under this part must:
(1) Provide a broad range of acceptable and effective medically
approved family planning methods (including natural family planning
methods) and services (including infertility services and services for
adolescents). If an organization offers only a single method of family
planning, it may participate as part of a project as long as the entire
project offers a broad range of family planning services.
(2) Provide services without subjecting individuals to any coercion
to accept services or to employ or not to employ any particular methods
of family planning. Acceptance of services must be solely on a voluntary
basis and
[[Page 409]]
may not be made a prerequisite to eligibility for, or receipt of, any
other services, assistance from or participation in any other program of
the applicant.\1\
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\1\ Section 205 of Pub. L. 94-63 states: ``Any (1) officer or
employee of the United States, (2) officer or employee of any State,
political subdivision of a State, or any other entity, which administers
or supervises the administration of any program receiving Federal
financial assistance, or (3) person who receives, under any program
receiving Federal assistance, compensation for services, who coerces or
endeavors to coerce any person to undergo an abortion or sterilization
procedure by threatening such person with the loss of, or
disqualification for the receipt of, any benefit or service under a
program receiving Federal financial assistance shall be fined not more
than $1,000 or imprisoned for not more than one year, or both.''
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(3) Provide services in a manner which protects the dignity of the
individual.
(4) Provide services without regard to religion, race, color,
national origin, handicapping condition, age, sex, number of
pregnancies, or marital status.
(5) Not provide abortion as a method of family planning. A project
must:
(i) Offer pregnant women the opportunity to be provided information
and counseling regarding each of the following options:
(A) Prenatal care and delivery;
(B) Infant care, foster care, or adoption; and
(C) Pregnancy termination.
(ii) If requested to provide such information and counseling,
provide neutral, factual information and nondirective counseling on each
of the options, and referral upon request, except with respect to any
option(s) about which the pregnant woman indicates she does not wish to
receive such information and counseling.
(6) Provide that priority in the provision of services will be given
to persons from low-income families.
(7) Provide that no charge will be made for services provided to any
persons from a low-income family except to the extent that payment will
be made by a third party (including a government agency) which is
authorized to or is under legal obligation to pay this charge.
(8) Provide that charges will be made for services to persons other
than those from low-income families in accordance with a schedule of
discounts based on ability to pay, except that charges to persons from
families whose annual income exceeds 250 percent of the levels set forth
in the most recent Poverty Guidelines issued pursuant to 42 U.S.C.
9902(2) will be made in accordance with a schedule of fees designed to
recover the reasonable cost of providing services.
(9) If a third party (including a Government agency) is authorized
or legally obligated to pay for services, all reasonable efforts must be
made to obtain the third-party payment without application of any
discounts. Where the cost of services is to be reimbursed under title
XIX, XX, or XXI of the Social Security Act, a written agreement with the
title XIX, XX or XXI agency is required.
(10)(i) Provide that if an application relates to consolidation of
service areas or health resources or would otherwise affect the
operations of local or regional entities, the applicant must document
that these entities have been given, to the maximum feasible extent, an
opportunity to participate in the development of the application. Local
and regional entities include existing or potential subgrantees which
have previously provided or propose to provide family planning services
to the area proposed to be served by the applicant.
(ii) Provide an opportunity for maximum participation by existing or
potential subgrantees in the ongoing policy decisionmaking of the
project.
(11) Provide for an Advisory Committee as required by Sec. 59.6.
(b) In addition to the requirements of paragraph (a) of this
section, each project must meet each of the following requirements
unless the Secretary determines that the project has established good
cause for its omission. Each project must:
(1) Provide for medical services related to family planning
(including physician's consultation, examination prescription, and
continuing supervision, laboratory examination, contraceptive supplies)
and necessary referral
[[Page 410]]
to other medical facilities when medically indicated, and provide for
the effective usage of contraceptive devices and practices.
(2) Provide for social services related to family planning,
including counseling, referral to and from other social and medical
services agencies, and any ancillary services which may be necessary to
facilitate clinic attendance.
(3) Provide for informational and educational programs designed to--
(i) Achieve community understanding of the objectives of the
program;
(ii) Inform the community of the availability of services; and
(iii) Promote continued participation in the project by persons to
whom family planning services may be beneficial.
(4) Provide for orientation and in-service training for all project
personnel.
(5) Provide services without the imposition of any durational
residency requirement or requirement that the patient be referred by a
physician.
(6) Provide that family planning medical services will be performed
under the direction of a physician with special training or experience
in family planning.
(7) Provide that all services purchased for project participants
will be authorized by the project director or his designee on the
project staff.
(8) Provide for coordination and use of referral arrangements with
other providers of health care services, local health and welfare
departments, hospitals, voluntary agencies, and health services projects
supported by other federal programs.
(9) Provide that if family planning services are provided by
contract or other similar arrangements with actual providers of
services, services will be provided in accordance with a plan which
establishes rates and method of payment for medical care. These payments
must be made under agreements with a schedule of rates and payment
procedures maintained by the grantee. The grantee must be prepared to
substantiate, that these rates are reasonable and necessary.
(10) Provide, to the maximum feasible extent, an opportunity for
participation in the development, implementation, and evaluation of the
project by persons broadly representative of all significant elements of
the population to be served, and by others in the community
knowledgeable about the community's needs for family planning services.
[65 FR 41278, July 3, 2000; 65 FR 49057, Aug. 10, 2000]
Sec. 59.6 What procedures apply to assure the suitability of
informational and educational material?
(a) A grant under this section may be made only upon assurance
satisfactory to the Secretary that the project shall provide for the
review and approval of informational and educational materials developed
or made available under the project by an Advisory Committee prior to
their distribution, to assure that the materials are suitable for the
population or community to which they are to be made available and the
purposes of title X of the Act. The project shall not disseminate any
such materials which are not approved by the Advisory Committee.
(b) The Advisory Committee referred to in paragraph (a) of this
section shall be established as follows:
(1) Size. The Committee shall consist of no fewer than five but not
more than nine members, except that this provision may be waived by the
Secretary for good cause shown.
(2) Composition. The Committee shall include individuals broadly
representative (in terms of demographic factors such as race, color,
national origin, handicapped condition, sex, and age) of the population
or community for which the materials are intended.
(3) Function. In reviewing materials, the Advisory Committee shall:
(i) Consider the educational and cultural backgrounds of individuals
to whom the materials are addressed;
(ii) Consider the standards of the population or community to be
served with respect to such materials;
(iii) Review the content of the material to assure that the
information is factually correct;
(iv) Determine whether the material is suitable for the population
or community to which is to be made available; and
[[Page 411]]
(v) Establish a written record of its determinations.
Sec. 59.7 What criteria will the Department of Health and Human
Services use to decide which family planning services projects
to fund and in what amount?
(a) Within the limits of funds available for these purposes, the
Secretary may award grants for the establishment and operation of those
projects which will in the Department's judgment best promote the
purposes of section 1001 of the Act, taking into account:
(1) The number of patients, and, in particular, the number of low-
income patients to be served;
(2) The extent to which family planning services are needed locally;
(3) The relative need of the applicant;
(4) The capacity of the applicant to make rapid and effective use of
the federal assistance;
(5) The adequacy of the applicant's facilities and staff;
(6) The relative availability of non-federal resources within the
community to be served and the degree to which those resources are
committed to the project; and
(7) The degree to which the project plan adequately provides for the
requirements set forth in these regulations.
(b) The Secretary shall determine the amount of any award on the
basis of his estimate of the sum necessary for the performance of the
project. No grant may be made for less than 90 percent of the project's
costs, as so estimated, unless the grant is to be made for a project
which was supported, under section 1001, for less than 90 percent of its
costs in fiscal year 1975. In that case, the grant shall not be for less
than the percentage of costs covered by the grant in fiscal year 1975.
(c) No grant may be made for an amount equal to 100 percent for the
project's estimated costs.
Sec. 59.8 How is a grant awarded?
(a) The notice of grant award specifies how long HHS intends to
support the project without requiring the project to recompete for
funds. This period, called the project period, will usually be for three
to five years.
(b) Generally the grant will initially be for one year and
subsequent continuation awards will also be for one year at a time. A
grantee must submit a separate application to have the support continued
for each subsequent year. Decisions regarding continuation awards and
the funding level of such awards will be made after consideration of
such factors as the grantee's progress and management practices, and the
availability of funds. In all cases, continuation awards require a
determination by HHS that continued funding is in the best interest of
the government.
(c) Neither the approval of any application nor the award of any
grant commits or obligates the United States in any way to make any
additional, supplemental, continuation, or other award with respect to
any approved application or portion of an approved application.
Sec. 59.9 For what purpose may grant funds be used?
Any funds granted under this subpart shall be expended solely for
the purpose for which the funds were granted in accordance with the
approved application and budget, the regulations of this subpart, the
terms and conditions of the award, and the applicable cost principles
prescribed in 45 CFR Part 74 or Part 92, as applicable.
Sec. 59.10 What other HHS regulations apply to grants under this
subpart?
Attention is drawn to the following HHS Department-wide regulations
which apply to grants under this subpart. These include:
37 CFR Part 401--Rights to inventions made by nonprofit organizations
and small business firms under government grants, contracts, and
cooperative agreements
42 CFR Part 50, Subpart D--Public Health Service grant appeals procedure
45 CFR Part 16--Procedures of the Departmental Grant Appeals Board
45 CFR Part 74--Uniform administrative requirements for awards and
subawards to institutions of higher education, hospitals, other
nonprofit organizations, and commercial organizations; and certain
grants and agreements with states, local governments and Indian tribal
governments
45 CFR Part 80--Nondiscrimination under programs receiving Federal
assistance through the Department of Health and
[[Page 412]]
Human Services effectuation of Title VI of the Civil Rights Act of 1964
45 CFR Part 81--Practice and procedure for hearings under Part 80 of
this Title
45 CFR Part 84--Nondiscrimination on the basis of handicap in programs
and activities receiving or benefitting from Federal financial
assistance
45 CFR Part 91--Nondiscrimination on the basis of age in HHS programs or
activities receiving Federal financial assistance
45 CFR Part 92--Uniform administrative requirements for grants and
cooperative agreements to state and local governments
Sec. 59.11 Confidentiality.
All information as to personal facts and circumstances obtained by
the project staff about individuals receiving services must be held
confidential and must not be disclosed without the individual's
documented consent, except as may be necessary to provide services to
the patient or as required by law, with appropriate safeguards for
confidentiality. Otherwise, information may be disclosed only in
summary, statistical, or other form which does not identify particular
individuals.
Sec. 59.12 Additional conditions.
The Secretary may, with respect to any grant, impose additional
conditions prior to or at the time of any award, when in the
Department's judgment these conditions are necessary to assure or
protect advancement of the approved program, the interests of public
health, or the proper use of grant funds.
[65 FR 41278, July 3, 2000; 65 FR 49057, Aug. 10, 2000]
Subpart B [Reserved]
Subpart C--Grants for Family Planning Service Training
Authority: Sec. 6(c), 84 Stat. 1507, 42 U.S.C. 300a-4; sec. 6(c), 84
Stat. 1507, 42 U.S.C. 300a-1.
Source: 37 FR 7093, Apr. 8, 1972, unless otherwise noted.
Sec. 59.201 Applicability.
The regulations in this subpart are applicable to the award of
grants pursuant to section 1003 of the Public Health Service Act (42
U.S.C. 300a-1) to provide the training for personnel to carry out family
planning service programs described in sections 1001 and 1002 of the
Public Health Service Act (42 U.S.C. 300, 300a).
Sec. 59.202 Definitions.
As used in this subpart:
(a) Act means the Public Health Service Act.
(b) State means one of the 50 States, the District of Columbia,
Puerto Rico, Guam, the Virgin Islands, American Samoa, or the Trust
Territory of the Pacific Islands.
(c) Nonprofit private entity means a private entity no part of the
net earnings of which inures, or may lawfully inure, to the benefit of
any private shareholder or individual.
(d) Secretary means the Secretary of Health and Human Services and
any other officer or employee of the Department of Health and Human
Services to whom the authority involved has been delegated.
(e) Training means job-specific skill development, the purpose of
which is to promote and improve the delivery of family planning
services.
Sec. 59.203 Eligibility.
(a) Eligible applicants. Any public or nonprofit private entity
located in a State is eligible to apply for a grant under this subpart.
(b) Eligible projects. Grants pursuant to section 1003 of the Act
and this subpart may be made to eligible applicants for the purpose of
providing programs, not to exceed three months in duration, for training
family planning or other health services delivery personnel in the
skills, knowledge, and attitudes necessary for the effective delivery of
family planning services: Provided, That the Secretary may in particular
cases approve support of a program whose duration is longer than three
months where he determines (1) that such program is consistent with the
purposes of this subpart and (2) that the program's objectives cannot be
accomplished within three months because of the unusually complex or
specialized nature of the training to be undertaken.
[37 FR 7093, Apr. 8, 1972, as amended at 40 FR 17991, Apr. 24, 1975]
[[Page 413]]
Sec. 59.204 Application for a grant.
(a) An application for a grant under this subpart shall be submitted
to the Secretary at such time and in such form and manner as the
Secretary may prescribe. \1\ The application shall contain a full and
adequate description of the project and of the manner in which the
applicant intends to conduct the project and carry out the requirements
of this subpart, and a budget and justification of the amount of grant
funds requested, and such other pertinent information as the Secretary
may require.
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\1\ Applications and instructions may be obtained from the Program
Director, Family Planning Services, at the Regional Office of the
Department of Health and Human Services for the region in which the
project is to be conducted, or the Office of Family Planning, Office of
the Assistant Secretary for Health, Washington, DC 20201.
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(b) The application shall be executed by an individual authorized to
act for the applicant and to assume for the applicant the obligations
imposed by the regulations of this subpart and any additional conditions
of the grant.
(Sec. 6(c), Public Health Service Act, 84 Stat. 1506 and 1507 (42 U.S.C.
300, 300a-1, and 300a-4))
[37 FR 7093, Apr. 8, 1972, as amended at 49 FR 38116, Sept. 27, 1984]
Sec. 59.205 Project requirements.
An approvable application must contain each of the following unless
the Secretary determines that the applicant has established good cause
for its omission:
(a) Assurances that:
(1) No portion of the Federal funds will be used to train personnel
for programs where abortion is a method of family planning.
(2) No portion of the Federal funds will be used to provide
professional training to any student as part of his education in pursuit
of an academic degree.
(3) No project personnel or trainees shall on the grounds of sex,
religion, or creed be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under the project.
(b) Provision of a methodology to assess the particular training
(e.g., skills, attitudes, or knowledge) that prospective trainees in the
area to be served need to improve their delivery of family planning
services.
(c) Provision of a methodology to define the objectives of the
training program in light of the particular needs of trainees defined
pursuant to paragraph (b) of this section.
(d) Provision of a method for development of the training curriculum
and any attendant training materials and resources.
(e) Provision of a method for implementation of the needed training.
(f) Provision of an evaluation methodology, including the manner in
which such methodology will be employed, to measure the achievement of
the objectives of the training program.
(g) Provision of a method and criteria by which trainees will be
selected.
Sec. 59.206 Evaluation and grant award.
(a) Within the limits of funds available for such purpose, the
Secretary may award grants to assist in the establishment and operation
of those projects which will in his judgment best promote the purposes
of section 1003 of the Act, taking into account:
(1) The extent to which a training program will increase the
delivery of services to people, particularly low-income groups, with a
high percentage of unmet need for family planning services;
(2) The extent to which the training program promises to fulfill the
family planning services delivery needs of the area to be served, which
may include, among other things:
(i) Development of a capability within family planning service
projects to provide pre- and in-service training to their own staffs;
(ii) Improvement of the family planning services delivery skills of
family planning and health services personnel;
(iii) Improvement in the utilization and career development of
paraprofessional and paramedical manpower in family planning services;
(iv) Expansion of family planning services, particularly in rural
areas, through new or improved approaches to
[[Page 414]]
program planning and deployment of resources;
(3) The capacity of the applicant to make rapid and effective use of
such assistance;
(4) The administrative and management capability and competence of
the applicant;
(5) The competence of the project staff in relation to the services
to be provided; and
(6) The degree to which the project plan adequately provides for the
requirements set forth in Sec. 59.205.
(b) The amount of any award shall be determined by the Secretary on
the basis of his estimate of the sum necessary for all or a designated
portion of direct project costs plus an additional amount for indirect
costs, if any, which will be calculated by the Secretary either: (1) On
the basis of his estimate of the actual indirect costs reasonably
related to the project, or (2) on the basis of a percentage of all, or a
portion of, the estimated direct costs of the project when there are
reasonable assurances that the use of such percentage will not exceed
the approximate actual indirect costs. Such award may include an
estimated provisional amount for indirect costs or for designated direct
costs (such as travel or supply costs) subject to upward (within the
limits of available funds) as well as downward adjustments to actual
costs when the amount properly expended by the grantee for provisional
items has been determined by the Secretary.
(c) Allowability of costs shall be in conformance with the
applicable cost principles prescribed by Subpart Q of 35 CFR part 74.
(d) All grant awards shall be in writing, shall set forth the amount
of funds granted and the period for which support is recommended.
(e) Neither the approval of any project nor any grant award shall
commit or obligate the United States in any way to make any additional,
supplemental, continuation, or other award with respect to any approved
project or portion thereof. For continuation support, grantees must make
separate application annually at such times and in such form as the
Secretary may direct.
[37 FR 7093, Apr. 8, 1972, as amended at 38 FR 26199, Sept. 19, 1973]
Sec. 59.207 Payments.
The Secretary shall from time to time make payments to a grantee of
all or a portion of any grant award, either in advance or by way of
reimbursement for expenses incurred or to be incurred in the performance
of the project to the extent he determines such payments necessary to
promote prompt initiation and advancement of the approved project.
Sec. 59.208 Use of project funds.
(a) Any funds granted pursuant to this subpart as well as other
funds to be used in performance of the approved project shall be
expended solely for carrying out the approved project in accordance with
the statute, the regulations of this subpart, the terms and conditions
of the award, and, except as may otherwise be provided in this subpart,
the applicable cost principles prescribed by subpart Q of 45 CFR part
74.
(b) Prior approval by the Secretary of revision of the budget and
project plan is required whenever there is to be a significant change in
the scope or nature of project activities.
(c) The Secretary may approve the payment of grant funds to trainees
for:
(1) Return travel to the trainee's point of origin.
(2) Per diem during the training program, and during travel to and
from the program, at the prevailing institutional or governmental rate,
whichever is lower.
[37 FR 7093, Apr. 8, 1972, as amended at 38 FR 26199, Sept. 19, 1973]
Sec. 59.209 Civil rights.
Attention is called to the requirements of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d et seq.) and in
particular section 601 of such Act which provides that no person in the
United States shall, on the grounds of race, color, or national origin
be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving
Federal financial assistance. A regulation impelmenting such title VI,
which applies to grants made under this part, has been issued by the
Secretary of Health and Human Services with the
[[Page 415]]
approval of the President (45 CFR part 80).
Sec. 59.210 Inventions or discoveries.
Any grant award pursuant to Sec. 59.206 is subject to the
regulations of the Department of Health and Human Services as set forth
in 45 CFR parts 6 and 8, as amended. Such regulations shall apply to any
activity for which grant funds are in fact used whether within the scope
of the project as approved or otherwise. Appropriate measures shall be
taken by the grantee and by the Secretary to assure that no contracts,
assignments or other arrangements inconsistent with the grant obligation
are continued or entered into and that all personnel involved in the
supported activity are aware of and comply with such obligations.
Laboratory notes, related technical data, and information pertaining to
inventions and discoveries shall be maintained for such periods, and
filed with or otherwise made available to the Secretary, or those he may
designate at such times and in such manner, as he may determine
necessary to carry out such Department regulations.
Sec. 59.211 Publications and copyright.
Except as may otherwise be provided under the terms and conditions
of the award, the grantee may copyright without prior approval any
publications, films or similar materials developed or resulting from a
project supported by a grant under this part, subject, however, to a
royalty-free, nonexclusive, and irrevocable license or right in the
Government to reproduce, translate, publish, use, disseminate, and
dispose of such materials and to authorize others to do so.
Sec. 59.212 Grantee accountability.
(a) Accounting for grant award payments. All payments made by the
Secretary shall be recorded by the grantee in accounting records
separate from the records of all other grant funds, including funds
derived from other grant awards. With respect to each approved project
the grantee shall account for the sum total of all amounts paid by
presenting or otherwise making available evidence satisfactory to the
Secretary of expenditures for direct and indirect costs meeting the
requirements of this part: Provided, however, That when the amount
awarded for indirect costs was based on a predetermined fixed-percentage
of estimated direct costs, the amount allowed for indirect costs shall
be computed on the basis of such predetermined fixed-percentage rates
applied to the total, or a selected element thereof, of the reimbursable
direct costs incurred.
(b) [Reserved]
(c) Accounting for grant-related income--(1) Interest. Pursuant to
section 203 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C.
4213), a State will not be held accountable for interest earned on grant
funds, pending their disbursement for grant purposes. A State, as
defined in section 102 of the Intergovernmental Cooperation Act, means
any one of the several States, the District of Columbia, Puerto Rico,
any territory or possession of the United States, or any agency or
instrumentality of a State, but does not include the governments of the
political subdivisions of the State. All grantees other than a State, as
defined in this subsection, must return all interest earned on grant
funds to the Federal Government.
(d) Grant closeout--(1) Date of final accounting. A grantee shall
render, with respect to each approved project, a full account, as
provided herein, as of the date of the termination of grant support. The
Secretary may require other special and periodic accounting.
(2) Final settlement. There shall be payable to the Federal
Government as final settlement with respect to each approved project the
total sum of:
(i) Any amount not accounted for pursuant to paragraph (a) of this
section;
(ii) Any credits for earned interest pursuant to paragraph (c)(1) of
this section;
(iii) Any other amounts due pursuant to subparts F, M, and O of 45
CFR part 74.
Such total sum shall constitute a debt owed by the grantee to the
Federal Government and shall be recovered from the grantee or its
successors or
[[Page 416]]
assignees by setoff or other action as provided by law.
[36 FR 18465, Sept. 15, 1971, as amended at 38 FR 26199, Sept. 19, 1973]
Sec. 59.213 [Reserved]
Sec. 59.214 Additional conditions.
The Secretary may with respect to any grant award impose additional
conditions prior to or at the time of any award when in his judgment
such conditions are necessary to assure or protect advancement of the
approved project, the interests of public health, or the conservation of
grant funds.
Sec. 59.215 Applicability of 45 CFR part 74.
The provisions of 45 CFR part 74, establishing uniform
administrative requirements and cost principles, shall apply to all
grants under this subpart to State and local governments as those terms
are defined in subpart A of that part 74. The relevant provisions of the
following subparts of part 74 shall also apply to grants to all other
grantee organizations under this subpart.
45 CFR Part 74
Subpart:
A General.
B Cash Depositories.
C Bonding and Insurance.
D Retention and Custodial Requirements for Records.
F Grant-Related Income.
G Matching and Cost Sharing.
K Grant Payment Requirements.
L Budget Revision Procedures.
M Grant Closeout, Suspension, and Termination.
O Property.
Q Cost Principles.
[38 FR 26199, Sept. 19, 1973]
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