Family Planning Annual Report: Forms and Instructions

Public Health Service, HHS

Pt. 59

(2) The trainee is not eligible or able
to continue in attendance in accordance with its standards and practices.
[45 FR 73658, Nov. 6, 1980. Redesignated at 61
FR 6131, Feb. 16, 1996]

the interest of the public health, or the
conservation of grant funds.
[45 FR 73658, Nov. 6, 1980. Redesignated at 61
FR 6131, Feb. 16, 1996]

Subparts E–F [Reserved]

§ 58.232 What additional Department
regulations apply to grantees?

PART 59—GRANTS FOR FAMILY
PLANNING SERVICES

Several other Department regulations apply to grantees. They include,
but are not limited to:
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 46—Protection of human subjects
45 CFR part 74—Administration of grants
45 CFR part 80—Nondiscrimination under
programs receiving Federal assistance
through the Department of Health and
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 83—Regulation for the administration and enforcement of sections 794 and
855 of the Public Health Service Act
45 CFR part 84—Nondiscrimination on the
basis of handicap in programs and activities receiving or benefiting from Federal
financial assistance
45 CFR part 86—Nondiscrimination on the
basis of sex in education programs and activities receiving or benefiting 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 93—New restrictions on lobbying
[49 FR 38116, Sept. 27, 1984. Redesignated and
amended at 61 FR 6131, Feb. 16, 1996]

§ 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 74 concerning audit and inspection.
[61 FR 6131, Feb. 16, 1996; 61 FR 51020, Sept.
30, 1996]

§ 58.234

Additional conditions.

The Secretary may impose additional
conditions in the grant award before or
at the time of the award if he or she determines that these conditions are necessary to assure or protect the advancement of the approved activity,

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.

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§ 59.1

42 CFR Ch. I (10–1–00 Edition)

SOURCE: 65 FR 41278, July 3, 2000, unless
otherwise noted.

§ 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]

§ 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 (Mid-

way, 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]

§ 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.
§ 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.
§ 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

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Public Health Service, HHS

§ 59.5

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
(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.
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.’’

(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 § 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

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§ 59.6

42 CFR Ch. I (10–1–00 Edition)

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 inservice 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, implemen-

tation, 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]

§ 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

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Public Health Service, HHS

§ 59.10

(v) Establish a written record of its
determinations.
§ 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 nonfederal 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.
§ 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.
§ 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.
§ 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

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§ 59.11

42 CFR Ch. I (10–1–00 Edition)

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

§ 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.
§ 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.

§ 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).
§ 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.
§ 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]

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Public Health Service, HHS
§ 59.204

§ 59.206

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.
(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]

§ 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.
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.

(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.
§ 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

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§ 59.207

42 CFR Ch. I (10–1–00 Edition)

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 § 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]

§ 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.
§ 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]

§ 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

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Public Health Service, HHS

§ 59.212

approval of the President (45 CFR part
80).
§ 59.210 Inventions or discoveries.
Any grant award pursuant to § 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.
§ 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.
§ 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

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§ 59.213

42 CFR Ch. I (10–1–00 Edition)

assignees by setoff or other action as
provided by law.

59a.7

Subpart B—Establishment of Regional
Medical Libraries

[36 FR 18465, Sept. 15, 1971, as amended at 38
FR 26199, Sept. 19, 1973]

§ 59.213

[Reserved]

§ 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.
§ 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]

PART 59a—NATIONAL LIBRARY OF
MEDICINE GRANTS
Subpart A—Grants for Establishing, Expanding, and Improving Basic Resources
Sec.
59a.1 Programs to which these regulations
apply.
59a.2 Definitions.
59a.3 Who is eligible for a grant?
59a.4 How are grant applications evaluated?
59a.5 Awards.
59a.6 How may funds or materials be used?

Other HHS regulations that apply.

59a.11 Programs to which these regulations
apply.
59a.12 Definitions.
59a.13 Who is eligible for a grant?
59a.14 How to apply.
59a.15 Awards.
59a.16 What other conditions apply?
59a.17 Other HHS regulations that apply.
SOURCE: 56 FR 29189, June 26, 1991, unless
otherwise noted.

Subpart A—Grants for Establishing,
Expanding, and Improving
Basic Resources
AUTHORITY: 42 U.S.C. 286b–2, 286b–5.

§ 59a.1 Programs to which these regulations apply.
(a) The regulations of this subpart
apply to grants of funds, materials, or
both, for establishing, expanding, and
improving basic medical library resources as authorized by section 474 of
the Act (42 U.S.C. 286b–5).
(b) This subpart also applies to cooperative agreements awarded for this
purpose. In these circumstances, references to ‘‘grant(s)’’ shall include ‘‘cooperative agreements(s).’’
§ 59a.2

Definitions.

Undefined terms have the same
meaning as provided in the Act. As
used in this subpart:
Act means the Public Health Service
Act, as amended (42 U.S.C. 201 et seq.).
Project period—See § 59a.5(c).
Related instrumentality means a public
or private institution, organization, or
agency, other than a medical library,
whose primary function is the acquisition, preservation, dissemination, and/
or processing of information relating
to the health sciences.
Secretary means the Secretary of
Health and Human Services and any
other official of the Department of
Health and Human Services to whom
the authority involved is delegated.

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