denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. A regulation implementing such section has been promulgated (45 CFR Part 84). (e) Attention is called to the requirements of section 321 of the Act (42 U.S.C. 4581) which provide that alcohol abusers and alcoholics who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely because of their alcohol abuse or alcoholism, by any private or public general hospital or outpatient facility (as defined in section 1633(6) of the Public Health Service Act, 42 U.S.C. 300s-3(6)) which received support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency. A regulation implementing such section has been promulgated (45 CFR 84.53). § 548.510 Confidentiality of patient records. Attention is called to section 333 of the Act (42 U.S.C. 4582) which provides that records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to alcoholism or alcohol abuse education, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States, shall be confidential and may be disclosed only for the purposes and under the circumstances expressly authorized under section 333 of the Act. Violations of section 333 are subject to a fine of not more than $500 in the case of a first offense and not more than $5,000 in the case of each subsequent offense. A regulation implementing such section has been promulgated (45 CFR Part 2). § 54a.511 Human subjects. Attention is called to the requirements of 45 CFR Part 46 pertaining to the protection of human subjects. § 548.512 Animal welfare. Attention is called to the requirements of Chapter 1-43 of the Department of Health, Education, and Welfare Grants Administration Manual pertaining to animal welfare. § 54a.513 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 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: Subpt.: 45 CFR Part 74 Cash depositories. Property. Cost principles. § 54a.514 Progress and fiscal records and reports. Each grant award shall require that the grantee maintain such progress and fiscal records and file with the Secretary such progress and fiscal reports relating to the conduct and results of the approved grant and the use of grant funds as the Secretary may find necessary to carry out the purposes of section 504 of the Act and the regulations. PART 54b-GRANTS TO STATES FOR DRUG ABUSE PREVENTION FUNCTIONS Sec. 54b.101 Applicability. 54b.102 Allotments. § 54b.101 Applicability. The regulations of this part apply only to grants under section 409 of the Drug Abuse Office and Treatment Act of 1972 (86 Stat. 80, 21 U.S.C. 1176) to assist the States in the preparation of plans for planning, establishing, conducting, and coordinating projects for the development of more effective drug abuse prevention functions in each State; in carrying out projects under and otherwise implementing such plans; in evaluating the results of such plans as implemented; and in paying the administrative expenses of carrying out such plans. (Sec. 409, 86 Stat. 80; 21 U.S.C. 1176) [38 FR 4715, Feb. 21, 1973] § 54b.102 Allotments. (a) Allotments to States. The allotment to the States under section 409 of the Drug Abuse Office and Treatment Act of 1972, as amended by Pub. L. 94-237, will be computed by the Secretary as follows: (1) One-third weight on the basis of the relationship of the population in each State to the total population of all the States; (2) One-third weight on the basis of total population weighted by financial need as determined by the relative per capita income for each State for the three most recent consecutive years for which data is available from the Department of Commerce; and (3) One-third weight on the basis of need for more effective conduct of drug abuse prevention functions as determined by the following three equally weighted factors: (i) The relationship of the population age 12 through 24 in each State to the total population of that age group in all the States on the basis of data from the U.S. Census Bureau for the most recent calendar year; (ii) The relationship of the number of nepatitis, Type B, cases in each State to the total number of those cases in all the States, determined on the basis of data available from the Center for Disease Control, United States Public Health Service for the most recent calendar year or where a State does not report to the Center for Disease Control on the basis of data available from a comparable State reporting system; and (iii) The standing, in relation to all other States, of each State's per capita appropriation of State funds for "drug abuse prevention functions," as de fined by section 103(b) of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1103(b)), as amended by Pub. L. 94-237, determined on the basis of data certified by each State Comptroller or equivalent State official. (b) If, after determining the amount of the allotment for each State in accordance with paragraph (a) of this section, it appears that any State (with the exception of the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands) would receive less than the minimum allotment prescribed by section 409(c)(1) of the Drug Abuse Office and Treatment Act of 1972, The Secretary shall reduce the shares of each State which would receive more than such minimum allotment by an equal percentage and reallocate such sums as required to assure that every State (other than the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands) will receive as least the prescribed minimum allotment. (Sec. 409, 86 Stat. 80; 21 U.S.C. 1176) [39 FR 14209, Apr. 22, 1974, as amended at 41 FR 26012, June 24, 1976] Any term defined in the Act and not defined below has the meaning given it in the Act. As used in this part (a) "Act" means the Federal Coal Mine Health and Safety Act of 1969 (30 U.S.C. 801 et. seq.) (b) "Secretary" means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health, Education, and Welfare to whom the authority involved may be delegated. (c) "Fiscal year" means the 12month period beginning July 1 and ending on June 30 following. (d) "Project Period" means the period of time, not exceeding 5 years, which the Secretary finds is reasonably required to initiate and conduct a project meriting support of one or more project grants within the scope of § 55.3, except that such period may be extended by the Secretary beyond 5 years when, in the judgment of the Secretary, such an extension is necessary to carry out the objectives of the Act. (e) "Applicant" means any public or nonprofit agency or institution which files an application for a grant under section 501 of the Act. (f) "Project Director” means a single individual designated by the grantee in the grant application and approved by the Secretary, who is responsible for the scientific and technical direction of the project. (g) "Nonprofit" as applied to an agency or institution, means that no part of the net earnings of such agency or institution inures or may lawfully inure to the benefit of any shareholder or individual. § 55.3 Purpose of project grant. The Secretary is authorized under section 501 of the Act (30 U.S.C. 951) to make grants for studies, research, experiments, and demonstration, (a) to improve working conditions and practices in coal mines affecting health and to prevent occupational diseases originating in the coal mining industry, (b) to develop and revise improved mandatory health standards for the protection of life and the prevention of occupational diseases of miners, (c) to protect life and prevent diseases in persons who, although not miners, work with and around the products of coal mines in areas outside mines and under conditions which may adversely affect the health and well-being of such persons, (d) to develop new or improved means and methods of reducing concentrations of respirable dust in the mine atmosphere of active workings of the coal mine, (e) to develop epidemiological information, (f) to develop techniques for the prevention and control of occupational disease of miners, including tests for hypersusceptibility and early detection, (g) to evaluate the effect on bodily impairment and occupational disability of miners afflicted with an occupational disease, (h) to develop effective respiratory equipment, (i) to prepare and publish from time to time reports on all significant aspects of occupational diseases of miners, (j) to study the relationship between coal mine environments and occupational diseases of miners, and (k) for such other purposes as the Secretary deems necessary to carry out the purposes of the Act. § 55.4 Application for grants. (a) An application for a grant shall be submitted on such forms and in such manner as the Secretary may prescribe. (b) The application shall be executed by an individual authorized to act for the institution or other applicant, and to assume on behalf of the applicant the obligations imposed by the terms and conditions of any award, including the regulations of this part. (c) In addition to any other pertinent information which the Secretary may require, each applicant shall submit as part of the application a description of the project in sufficient detail to indicate the nature, duration, purpose, justification, and proposed method of conduct of the project; the qualifications of the principal staff members to be responsible for the project; the total facilities and resources that will be available, and a justification of the amount of funds requested. § 55.5 Compliance with the Civil Rights Act. The applicant shall comply with the requirements of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), 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, or be subjected to discrimination under any program or activity receiving Federal financial assistance (section 601), and to the implementing regulation issued by the Secretary with the approval of the President (45 CFR Part 80). Subpart B-Evaluation and Disposition of Applications § 55.10 Evaluation. (a) All applications filed in accordance with this part shall be evaluated by the Secretary through such officers and employees and such experts or consultants engaged for this purpose as he determines are specially qualified in the area involved. (b) The Secretary's evaluation shall take into account, among other pertinent factors, the scientific merit and significance of the project, the competency of the proposed staff in relation to the type and scope of the project involved, the feasibility of the project, the likelihood of its producing meaningful results, the proposed project period, and the adequacy of the applicant's resources available for the project and the amount of grant funds necessary for completion, and where appropriate, the recommendations of the Advisory Council on Coal Mine Health Research. § 55.11 Disposition. On the basis of his evaluation of an application, pursuant to § 55.10, the Secretary shall either (a) approve, (b) defer because of lack of funds or a need for further evaluation, or (c) disapprove support of the proposed project in whole or in part. With respect to approved projects, the Secretary shall determine the project period during which the project may be supported. Applicants shall be advised of the reason an application has been deferred and upon request the reason it has been disapproved. Any deferral or disapproval of an application shall not preclude its reconsideration or a reapplication. Subpart C-Grant Awards, Payments, Termination § 55.20 Grant awards and payments. (a) Within the limits of funds available for approved projects, the Secretary shall award a grant to those applicants whose approved projects will in his judgment best promote the purposes of § 55.3. All grant awards shall be in writing and shall set forth the amount of funds granted. (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 subject to upward (within the limit 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. In determining the grantee's share of project costs, costs borne by Federal grants, or costs used to match other Federal grants may not be included except as may be otherwise provided by law. (c) Allowability of costs shall be in conformance with the applicable principles prescribed by Subpart Q of 45 CFR Part 74. (d) A grant award shall be made by the Secretary for either the project period or for such lesser period as he may prescribe in making the award. (e) Neither the approval of any project nor a grant award shall commit or obligate the United States in any way to make any additional, supplemental or continuation award with respect to any approved project or portion thereof. (f) Payments with respect to an approved project shall be made periodically, either in advance or by way of reimbursement, as the Secretary may determine, based on the estimated requirements or actual expenditures, respectively, for such period. (g) No payment shall be paid for any period so long as the applicant fails to comply substantially as determined by the Secretary with any requirement or condition imposed by or pursuant to these regulations. [37 FR 3902, Feb. 24, 1972, as amended at 38 FR 26197, Sept. 19, 1973] § 55.21 Supplemental and continuation grants. The Secretary may from time to time within the project period, on the basis of an application therefor, make additional grant awards with respect to any approved project where he finds on the basis of such progress, fiscal or other reports as he may require that (a) the amount of any prior award was less than the amount necessary to carry out the approved project within the period with respect to which the prior award was made (a supplemental grant), or (b) the progress made within the period with respect to which any prior awards were made justifies support for an additional specified portion of the project period (a continuation grant). Subpart D-Grant Conditions: Obligations of Grantee § 55.30 Use of funds, changes. (a) Any funds granted pursuant to § 55.20 shall be expended by the grantee solely for carrying out the approved project in accordance with regulations of this part. The grantee may not, in whole or in part, delegate or transfer this responsibility for the use of such funds to any other person. (b) Changes in project: Permissible changes by the project director in the approved project shall be limited to changes in methodology, approach, or other aspect of the project that would expedite achievement of the project objectives. Whenever the grantee or the project director is uncertain as to whether a change complies with the provisions, the question should be referred to the Secretary for a final determination. Other changes in the approved project may be made only with the approval of the Secretary. (c) Changes in project period: The project period may be extended by the Secretary, with or without additional funds, for such an additional period as he determines may be required to com |