network of services and of the ability to ensure adequate follow-up of referral cases.

(4) Will utilize, to the maximum extent feasible, existing available programs and facilities such as neighborhood and primary health care centers, family planning clinics, children and youth centers, maternal and infant health centers, regional rural health facilities, school and other educational programs, mental health programs, nutrition programs, recreation programs, and other ongoing pregnancy prevention and pregnancy-related services;

(5) Make use, to the maximum extent feasible, of other Federal, State, and local funds, programs, contributions, and other third-party reimbursements;

(6) Can demonstrate a community commitment to the program by making available to the project nonFederal funds personnel, and facilities; and

(7) Have involved the community to be served, including public and private agencies, adolescents, and families, in the planning and implementation of the project.

(b) Take into account:

(1) The reasonableness of the budget and the soundness of the fiscal plan for assuring effective utilization of grant funds;

(2) The potential effectiveness of the proposed project in carrying out the statutory purposes;

(3) The adequacy of the facilities and other resources available to the applicant;

(4) The professional, administrative, and managerial capability of the applicant; and

(5) The total amount of funds available for implementing the overall program.

§ 59.307 How is the amount of the grant decided?

(a) The Secretary will determine the amount of the grant based on factors such as the incidence of adolescent pregnancy in the service area, the adequacy of pregnancy prevention and pregnancy-related services in the service area, as well as his estimate of the sum necessary for the proper perform

ance of the project. In determining the amount of the grant, the Secretary will consider the special needs of rural areas and, to the maximum extent practicable, will distribute funds in consideration of the relative number of adolescents in those areas who are in need of services.

(b) A grant award may not exceed 70% of the costs of a project for the first year of the project and a grant award for the second year of the project may not exceed the amount awarded in the first year or 70% of project costs. In each year succeeding the second year of the project, the amount of funds granted under this subpart shall decrease by no less than 10% of the amount of the grant under this subpart in the preceding year. The Secretary may waive this reduction in the Federal grant in any year when in his judgment such limitation will result in discontinuation of essential services and the grantee has demonstrated a substantial likelihood that it will be able to provide core and supplemental services without funds granted under this subpart by the end of the project period.

(c) A grantee may not receive funds for a period in excess of five years.

§ 59.308 What is the period for which a grant will be 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 not exceed 5 years.

(b) Generally the grant will initially be funded for 1 year, and subsequent continuation awards will also be funded for 1 year at a time. A grantee must submit a separate application to have the support continued for each subsequent year. Continuation awards within the project period will be made provided required reports are not delinquent, funds are available, the grantee has made satisfactory progress, the grantee's management practices provide adequate stewardship of Federal funds, and HHS determines 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.

§ 59.309 For what purposes may grant funds be used?

(a) Grant funds awarded under this subpart may be used by grantees only to meet the costs of—

(1) Providing core services to eligible persons;

(2) Coordinating, integrating, and providing linkages among providers of core, supplemental, and other services for eligible persons in furtherance of the purposes of the Act;

(3) Providing supplemental services where such services are not adequate or not available to eligible persons in the community and which are essential to the care of pregnant adolescents and to the prevention of adolescent pregnancy;

(4) Planning for the administration, coordination, or both, of pregnancy prevention and pregnancy-related services for adolescents, including family life and sex education, which will further the objectives of the Act; and

(5) Fulfilling the assurances required for grant approval by § 59.304 of this subpart.

(b) Grant funds awarded under this subpart may not be used to pay for the performance of abortions.

§ 59.310 What additional information should an applicant for a grant under this subpart have?

(a) Applicability of department-wide regulations. Attention is drawn to the following HHS department-wide regulations which apply to grants under this subpart:

(1) 45 CFR Part 19-Limitations on Payment or Reimbursement for Drugs.

(2) 45 CFR Part 74-Administration of Grants.

(3) 45 CFR Part 80-Nondiscrimination under programs receiving Federal assistance through the Department of Health and Human Services's implementation of Title VI of the Civil Rights Act of 1964.

(4) 45 CFR Part 84-Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.

(b) Confidentiality. All information as to personal facts and circumstances obtained by the project staff about recipients of services shall be held confidential. This information shall not be disclosed without the individual's consent except as may be required by law or as may be necessary to provide service to the individual or to provide for audits by the Secretary with appropriate safeguards for confidentiality of patient records. Otherwise, information may be disclosed only in summary, statistical, or other form which does not identify particular individuals.

(c) Additional conditions. The Secretary may with respect to any grant impose additional conditions prior to or at the time of any award when in his judgment additional conditions are necessary to assure or protect advancement of the approved program, the interests of public health, or the proper use of grant funds.

(a) All terms not defined herein shall have the same meaning given them in the Act.

(b) "Act" means the Public Health Service Act, as amended (42 U.S.C. 201 et seq.).

(c) "Secretary" means the Secretary of Health, Education, and Welfare and any other officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated.

(d) "Related instrumentality" means a public or private nonprofit institution, organization, or agency other than a library whose primary function is the acquisition, preservation, dissemination, and/or processing of information relating to the health sciences.

§ 59a.13 Application.

Any public or private nonprofit institution, organization, or agency authorized or qualified to carry on the functions of a medical library or related instrumentality may file an application for a grant of money or materials, or both. Application for grant under this subpart shall be made on an authorized form.

§ 59a.14 Evaluation of applications.

All applications filed in accordance with § 59a.13 shall be evaluated by the Secretary through such officers and employees of the Service and such experts, consultants, or groups as the Secretary may engage for this purpose. In addition to such other factors

as may be required by the Act or the regulations of this subpart, the Secretary's evaluation shall take into account the scope of library or related services in relation to the population and purposes served by the library or related instrumentality as may be pertinent, including evidence of the efficiency of the applicant in providing services, the amount of available equipment and other resources on hand to satisfy the needs of the area served by the facility, coordination with other library and related facilities, and potentiality for testing or demonstration of new or improved techniques in health sciences informational services.

§ 59a.15 Grant awards.

(a) General. Within the limits provided by law and to the extent of funds available, the Secretary shall award grants to those applicants whose proposals for establishment, expansion, or improvement will in the Secretary's judgment best promote the purposes of section 395 of the Act.

(b) Determination of award amount. The amount of any award, not to exceed $200,000, shall be determined by the Secretary:

(1) On the basis of the scope of medical library or related services provided by the applicant in relation to the population and purposes served by it, taking into account the following factors:

(i) The number of graduate and undergraduate students, and physicians and other practitioners in the sciences related to health making use of the applicant's library resources;

(ii) The type of supportive staffs, if any, available to the applicant's library;

(iii) The type, size, and qualifications of the faculty of any school with which the applicant is affiliated;

(iv) The staff of any hospitals or clinics with which the applicant's library is affiliated;

(v) The geographic area served by such applicant and the availability, within such area, of medical library or related services provided by other libraries or related instrumentalities; and

(2) Shall be in such amount as in the Secretary's judgment will assure adequate continuing financial support of the applicant's proposed activity from other sources during and after the period of award. In making such determination, the Secretary shall take into consideration the level of non-Federal support for the proposed activity for periods prior to the fiscal year in which a grant is made and shall require assurance from the applicant that such support will not be diminished as a result of such award and that adequate support for such activity will be continued during and after the period of Federal Assistance: Provided, That subject to such exceptions as the Secretary may determine to be necessary for the orderly administration of the grant program hereunder, no grant shall be made for less than $1,000.

(c) Project period. (1) 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 1-5 years.

(2) 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.

(3) 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 for any approved application or portion of an approved application.

§ 59a.16 [Reserved]

§ 59a.17 Use of funds or materials.

Any funds or materials provided by a grant pursuant to this subpart shall be expended or utilized by the grantee

solely for the purposes for which the funds or materials 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 Subpart Q of 45 CFR Part 74. The grantee may not in whole or in part delegate or transfer this responsibility to any other person.

§ 59a.18

Inventions or discoveries.

Any grant award hereunder is subject to the regulations of the Department of Health and Human Services relating to inventions and patents (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 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 obligation.

or

45 CFR Part 75-Informal grant appeals procedures (indirect cost rates, and other cost allocations).

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.

45 CFR Part 84-Nondiscrimination on the basis of handicap in federally assisted programs.

45 CFR Part 86-Nondiscrimination on the basis of sex in education programs and activities receiving or benefiting from Federal financial assistance.

an

(d) "Geographic area" means area composed of any part or parts of any one or more states that forms an academically and professionally integrated region, taking into consideration such factors as location and extent of communication facilities and systems, presence and distribution of educational and medical and health facilities and programs, and other activities which, in the opinion of the Secretary, justify the establishment and operation of a regional medical library;

(e) "Annual operating expenses" means, with respect to a library which has been in operation for less than 3 years an amount equal to the average annual operating expense of the years, if any, of operation, as modified by, or when there has been no operation determined by reference to, such expense of libraries of institutions of similar size and function, as determined by the Secretary;

(f) "Modify and increase" means the use of Federal funds or materials to supplement rather than supplant nonFederal funds available for library resources and services.

§ 59a.33 Eligibility.

In order to be eligible for a grant, the applicant must:

(a) Meet the criteria specified in section 396 of the Act, and

(b) Be located in a State.

§ 59a.34 Application.

(a) Application for a grant under this subpart shall be made on an authorized form;

(b) In addition to any other pertinent information which the Secretary may require, the applicant shall submit a description of a program to provide health sciences informational services for the geographic area in which it is located in sufficient detail clearly to identify the need for such services, the adequacy of the applicant's existing or proposed facilities and resources to undertake to provide them, the size and nature of the population to be served, the region to be served, cooperative arrangements in effect, or proposed, with other qualified institutions, organizations or agencies, and the justification for the amount of funds requested.

(a) General. The Secretary, with the counsel and advice of the Board in each case, shall award a grant to those applicants whose arrangements and proposed services will in the Secretary's judgment best promote the purpose of section 396 of the Act.

(b) Project period. (1) 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 1-5 years.

(2) 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