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ase I sector is an expected bygrades of that one I p282

3 The pace and the Secretary shall take appropriate measures to 45sure that no saraca guments. Ir other arrangements pocosustent with the grant so..gation are commoned or entered lato and that all personnel 13volved in the grant activity are aware M and comply with such obligations. (46 FR 108, June 3, 1980. Redesignated and amended at 12 PR. ZAA, 2A6, Feb. 2, 1988)

RUTTORIAL NOTE: For provisions of 159.16 which have been suspended, see the EDITORIAL NOTE following the SOURCE of Subtart, A.

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As used in this subpart

A. AT IELTSs the Public Health Se ice Act.

> State means one of the 50 State the District of Columbia Puerto R Guam, the Virgin Islands, Ame Samca, or the Trust Territory of Pacific Islands.

(e) Nonprofit private entity mess private entity no part of the net ings of which inures, or may law inure, to the benefit of any pris shareholder or individual.

(d) Secretary means the Secretary! Health and Human Services and other officer or employee of the De partment of Health and

whom the authority involved en delegated.

-raining means job-specific skill -ment, the purpose of which is to e and improve the delivery of planning services.

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Eligibility.

ligible applicants. Any public or fit private entity located in a is eligible to apply for a grant Chis subpart.

ligible projects. Grants pursuant ion 1003 of the Act and this subnay be made to eligible applifor the purpose of providing pro

not to exceed three months in on, for training family planning her health services delivery per

in the skills, knowledge, and at18 necessary for the effective deof family planning services: ProThat the Secretary may in parr cases approve support of a prowhose duration is longer than months where he determines (1) such program is consistent with purposes of this subpart and (2) the program's objectives cannot ccomplished within three months ise of the unusually complex or alized nature of the training to be rtaken.

2 7093, Apr. 8, 1972, as amended at 40 FR Apr. 24, 1975]

204 Application for a grant.

An application for a grant under subpart shall be submitted to the etary at such time and in such 1 and manner as the Secretary may cribe. The application shall cona full and adequate description of project and of the manner in which applicant intends to conduct the ject and carry out the requirements his subpart, and a budget and juscation of the amount of grant funds uested, and such other pertinent in

Applications and instructions may be obhed from the Program Director, Family ginning Services, at the Regional Office of Department of Health and Human Servfor the region in which the project is to conducted, or the Office of Family Plan18. Office of the Assistant Secretary for alth, Washington, DC 20201.

formation 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 300a4))

[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.

(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

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3. The scmperance of the project Waff in relamon to the services to be provided and

3. The terre to which the project plan adequately provides for the requirements set forth in § 56.206.

(b) The amount of any award shall be determined by the Secretary on the

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13317 Payments

The Secretary shat from time me make payments to a grantee r & praca of any grant award, e II KÖTANCE OF by way of reimburse! for expenses nourred or to be in in the performance of the project the extent be determines such ments necessary to promote thenation and advancement of the proved project.

$59.208 Use of project funds.

(a) Any funds granted pursua this subpart as well as other fund

hasis of his estimate of the sum nec- be used in performance of the appr Besary 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 re

project shall be expended solely carrying out the approved projec accordance with the statute, the lations of this subpart, the terms conditions of the award, and, except may otherwise be provided in this s

→ applicable cost principles preby subpart Q of 45 CFR part 74. or approval by the Secretary of of the budget and project plan red whenever there is to be a ant change in the scope or naproject activities.

he Secretary may approve the t of grant funds to trainees for: eturn travel to the trainee's ? origin.

or diem during the training proand during travel to and from gram, at the prevailing instituor governmental rate, whichever

r.

093, Apr. 8, 1972, as amended at 38 FR ept. 19, 1973]

9 Civil rights.

ntion is called to the requireof Title VI of the Civil Rights 1964 (78 Stat. 252, 42 U.S.C. 2000d ) and in particular section 601 of Act which provides that no person e United States shall, on the ds of race, color, or national orie excluded from participation in, nied the benefits of, or be sub1 to discrimination under any proor activity receiving Federal fial assistance. A regulation Imenting such title VI, which apto grants made under this part, been issued by the Secretary of th and Human Services with the oval of the President (45 CFR part

210 Inventions or discoveries. ly grant award pursuant to §59.206 ibject to the regulations of the Dement of Health and Human Servas set forth in 45 CFR parts 6 and s amended. Such regulations shall ly to any activity for which grant ds are in fact used whether within scope of the project as approved or erwise. Appropriate measures shall taken by the grantee and by the retary to assure that no contracts, ignments or other arrangements inasistent with the grant obligation

continued or entered into and that personnel involved in the supported tivity are aware of and comply with ch obligations. Laboratory notes, reted technical data, and information ertaining to inventions and discov

eries 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,

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1024 Adammi mačCIA

The Secretary may with respect t 227 as wat pose admon conditions porto as the time of any award when inte jagment such otwors are necessary to assure or protect advancement of the approved Does the interests of public health of the conservation of grant funds. 10.215 Applicability of 45 CFR part 74.

The provisions of 45 CFR part 74, estabiisning 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

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