seling resources within the community.

(8) Maintain consultation and arrangements with other official and voluntary community resources, such as clergy, police, emergency personnel, health and mental health services, and organized parents' groups, and other voluntary organizations, for

(i) Referral of families affected by SIDS, as appropriate, to such resources; and

(ii) Furnishing directly or indirectly information and suggestions for dealing with SIDS cases to such community resources.

(9) Collect information on SIDS cases in the project area including demographic data, epidemiological data, and therapeutic management data.

(10) Provide information gathered under paragraph (a)(9) of this section, in accordance with § 51a.511, to:

(i) Appropriate public officials; and (ii) Interested members of the general public in the project area.

(b) Assurances that:

(1) Services will be made available without the imposition of any durational residence or referral requirement;

(2) Services will be made available without regard to religion, creed, age, sex, parity, marital status, or income; and

(3) Services will be made available in such a manner as to protect the dignity of the individual.

§ 51a.506 Project community council.

(a) A project community council shall be established by the grantee and shall consist of a minimum of nine and a maximum of fifteen members. At least one-third of such members shall be representatives of the community being served by the project, including representatives of parents' groups or other voluntary civic or community organizations. The membership shall also include representatives of health care, social services, or public safety professions, such as medical examiners, public health nurses, social workers, private physicians, police and fire department representatives, and funeral directors.

(b) The process of selection of its members shall be stipulated in the

council's bylaws, which shall be subject to approval by the Secretary and must provide that:

(1) Members shall serve for definite terms which shall not exceed four years, so staggered as to assure that the terms of not more than one-third of the members shall expire in any calendar year.

(2) The council shall meet as often as necessary, but not less than six times per year, for the purpose of considering and, as appropriate, consulting with and advising the grantee with respect to:

(i) The project's progress toward achieving it goals of service to the area, and

(ii) Review and modification of the project's existing functions, as necessary.

(iii) All recommendations of the council with respect to the project's activities shall be available to the public.

(iv) Written minutes shall be kept of all council meetings.

(c) The Secretary may, for good cause shown, allow a grantee a period of time, not to exceed three months from the date of the receipt of a grant awarded under section 1121(b) of the Act, for compliance with the requirements of this section. In addition, in the case of a grantee which is a State or local governmental agency and which has demonstrated to the satisfaction of the Secretary that it is unable, under State or local law, to establish a project community council pursuant to paragraph (a) of this section, the Secretary may allow such grantee a reasonable period of time to take the appropriate steps to have such legal disability removed. Provided that, such grantee, in the interim, must establish alternate procedures, approved by the Secretary, to assure maximum community participation in the development and operation of the project.

§ 51a.507 Evaluation and grant award.

(a) Within the limit of funds available for such purposes, 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 1121(b) of the Act, taking into account:

(1) The need for the project's services and informational materials to be provided, including the relative extent to which the project will contribute to the development of a nationwide distribution of such services and materials;

(2) The applicant's demonstration of an understanding of the problem, including the incidence of SIDS and the handling of the problem in the project area;

(3) The capability of the applicant to provide services and informational materials of high quality and effectiveness; and

(4) The degree to which the project plan adequately provides for the elements set forth in § 51a.505.

(b) In determining priority in awarding grants under section 1121(b) of the Act, the Secretary will take into consideration the relative extent to which the project:

(1) Would serve an area with a population of one million or more persons; (2) Would be located in an area with an infant mortality rate higher than the national average;

(3) Has community resources available which will enable it to meet the requirements of § 51a.505 and;

(4) Is assured of community support and provides an indication of how continuation of its services will be maintained after Federal funding is concluded.

(c) The amount of any award will be determined by the Secretary on the basis of his estimate of the sum necessary for the proper performance of the project. In determining the grantee's share of project costs, if any, costs borne by Federal funds, or costs used to match other Federal grants may not be included except as may be otherwise provided by law.

(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 not any grant award shall commit or obligate the United States in any way to make additional, supplemental, continuation, or other award with re

spect to any approved project or portion thereof. For continuation support, grantees must make separate application periodically at such times and in such form as the Secretary may direct.

§ 51a.508 Payments.

The Secretary shall from time to time make payments to a grantee of all or portion of any grant award either in advance or by way of reimbursement for expenses 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.

§ 51a.509 Use of project funds.

Any funds granted pursuant to this subpart as well as other funds to be used in performance of the approved project may be expended solely for carrying out the approved project in accordance with the applicable statute, the regulations of this subpart, the terms and conditions of the award, and the applicable cost principles prescribed by Subpart Q of 45 CFR, Part 74. Project grant funds may be used for an appropriate medical investigation of a probable SIDS death, such as an autopsy performed in accordance with appropriate medical standards, by a board certified or board eligible medical pathologist or other person qualified by law to perform such a medical investigation, but only where legal consent to the medical investigation is obtained and the following conditions are met:

(a) No other source of funds for such an investigation is available;

(b) The cost of such investigation is reasonable;

(c) Consistent with § 51a.511, the result of such investigation is used only for the collection, analysis and furnishing of information relating to the causes of SIDS; and

(d) The result of such investigation is made available to the family of a suspected SIDS victim unless medically contraindicated.

§ 51a.510 Civil rights.

(a) 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 implementing such title VI, which applies to grants made under this part, has been issued by the Secretary with the approval of the President (45 CFR Part 80). In addition, no person shall be denied employment in or by such program or activity on the grounds of age, sex, creed, or marital status.

(b) Attention is also called to the requirements of section 504 of the Rehabilitation Act of 1973, as amended, which provides that no otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.

ject, 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. Royalties received by grantees from copyrights on publications or other works developed under the grant shall first be used to reduce the Federal share of the grant to cover the costs of publishing or producing the materials and any royalties in excess of the costs of publishing or producing such materials shall be distributed in accordance with Chapter 1-420 of the Department of Health and Human Services Grants Administration Manual.1

§ 51a.513 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 subpart: 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 reimbursement direct costs incurred.

(b) 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

'The Department of Health and Human Services Grants Administration Manual is available for public inspection and copying at the Department and Regional Offices' information centers listed in 45 CFR 5.31 and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

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 (b) 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 assignees by setoff or other action as provided by law.

§ 51a.514 Performance report.

With each continuation or renewal application or with each financial status report at the end of a project period, whichever is appropriate, grantees shall submit a performance report for each grant which briefly presents the following for each program, functions, or activity involved:

(a) A comparison of actual accomplishments to the goals established for the period. Where the output of grant programs can be quantified, such quantitative data should be related to cost data for computation of unit costs.

(b) An explanation when established goals have not been met.

(c) Other pertinent information including, when appropriate, analysis and explanation of cost overruns or higher than anticipated unit costs.

§ 51a.515 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.

§ 51a.516 Applicability of 45 CFR Part 74. The relevant provisions of the following subparts of 45 CFR Part 74, establishing uniform administrative re

80-143 0-82--16

Sec.

Subpart D-Grants for Venereal Disease Control Programs

51b.401 To which programs does this subpart apply?

51b.402 Definitions.

51b.403 Who is eligible for a grant under

this subpart?

51b.404 What are the confidentiality requirements?

51b.405 What information is required in the application?

51b.406 How will grant applications be evaluated and the grants awarded? 51b.407 How can grant funds be used?

Subpart E-Grants for Influenza Immunization Programs

51b.501 To which programs does this subpart apply?

51b.502 Definitions.

51b.503 Who is eligible for a grant under this subpart?

51b.504 What information is required in the application?

51b.505 How will grant applications be evaluated and the grants awarded? 51b.506 How can grant funds be used?

Subpart F-[Reserved]

Subpart G-Grants for Fluoridation

51b.701 To which programs does this subpart apply?

51b.702 Definitions.

51b.703 Who is eligible for a grant under this subpart?

51b.704 What information is required in the application?

51b.705 How will grant applications be evaluated and the grants awarded? 51b.706 How can grant funds be used?

AUTHORITY: Secs. 317 and 318, Public Health Service Act (42 U.S.C. 247b and 247c); sec. 1743 of Pub. L. 97-35, 95 Stat. 763 (31 U.S.C. 1243 note).

SOURCE: 44 FR 40501, July 11, 1979, unless otherwise noted.

Subpart A-General Provisions

§ 51b.101 To which programs do these regulations apply?

The regulations of this part apply to grants authorized for childhood immunization, influenza immunization, and urban rat control, and fluoridation programs under section 317 of the Public Health Service Act (42 U.S.C. 247b) and to grants authorized for ve

As used in these regulations:

"Act" means the Public Health Service Act, as amended.

"Secretary" means the Secretary of Health and Human Services and any other officer or employee of the Department to whom the authority involved has been delegated.

"State" means one of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

§ 51b.103 What are the general application requirements?

(a) Application forms and instructions for their preparation and submission may be obtained from the PHS Regional Health Administrator of the Department of Health and Human Services for the region in which a program is to be conducted. The application shall contain a full description of the program objectives, plans, and activities.

(b) The application shall be signed by an individual authorized by the applicant to assume the obligations imposed by these regulations and any additional conditions of the grant.

(c) The application shall contain evidence satisfactory to the Secretary that it has been submitted for appropriate action to the planning agency designated by the Secretary under Title XV of the Act.

§ 51b.104 How will grant payments be made under a grant award?

(a) The Secretary shall from time to time make payments to a grantee of all or a portion of any grant award. These payments may be made either in advance or by way of reimbursement for expenses incurred or to be incurred in the performance of the program. The payments shall be made as the Secretary determines necessary to promote prompt initiation and advancement of the approved program.