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Indian Health Service The Federal Health Program for American Indians and Alaska Natives


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Part 5, Chapter 19:  Manual Exhibit 5-19.3B

Summary of Reference for Legislative Mandates
and Regulatory Guidances that Concern
IHS Grants and Cooperative Agreement


PART I -- LEGISLATIVE MANDATES

  1. Program Authorities:

    • P.L. 93-638, as amended, Indian Self-Determination and Education Assistance Act, specific grants and compact authorities;

    • P.L. 94-437, as amended, Indian Health Care Improvement Act, specific grants authorities;

    • P.L. 101-630, as amended, Indian Child Protection and Family Violence Prevention Act, specific grants authorities;

    • P.L. 78-410, as amended, Public Health Service Act, specific grants authorities.

  2. Appropriation and Administrative Authorities:

    • Current Appropriations Act;

    • 5 U.S. Code 551, Administrative Procedures Act;

    • P.L. 101-121, sec. 1352, Limitation on Lobbying;

    • P.L. 99-509, Program Fraud Civil Remedies Act;

    • 18 USC 287 and 1001, False Claims Act;

    • P.L. 9-23, Freedom of Information Act;

    • P.L. 93-579, Privacy Act;

    • P.L. 103-277, sec. 1041-1044, Pro-Children Act of 1994;

    • P.L. 94-168, Metric Conversion Act of 1975, as amended by P.L. 100-418, the Omnibus Trade and Competitiveness Act of 1988;

    • 31 USC 1341-1351, Anti-Deficiency Act;

    • Executive Order 12372, Intergovernmental Review of Federal Programs.

PART II -- REGULATORY GUIDANCES

  1. Program Regulations:

    • 42 CFR Part 36, Subpart H, Grants and Contracts for Development, Construction, and Operation of Health Facilities and Service

    • 42 CFR Part 36, Subpart J, Indian Health Care Improvement Act Programs

  2. Administrative Regulations:

    • 45 CFR Part 74, Administration of Grants;

    • 45 CFR Part 92, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;

    • 45 CFR Part 50, Subpart D, PHS Grants Appeals Procedure;

    • 45 CFR Part 16, Department Grants Appeals Procedure;

    • 45 CFR Part 100, Intergovernmental Review of PHS Programs;

    • 45 CFR Part 76, Debarment and Suspension from Eligibility for Financial Assistance;

    • 45 CFR Part 46, Protection of Human Subjects;

    • 45 CFR Part 30, Subpart B, HHS Claims Collection Regulations.

  3. Non-Discrimination Regulations:

    • 45 CFR 80, Nondiscrimination Under Programs Receiving Federal Assistance;

    • 45 CFR Part 84, Nondiscrimination Based on Handicap;

    • 45 CFR Part 86, Nondiscrimination Based on Sex;

    • 45 CFR Part 91, Nondiscrimination Based on Age;

    • 45 CFR Part YY, Indian Preference.

  4. OMB Circulars:

    • A-89, Catalog of Federal Domestic Assistance;

    • A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments;

    • A-110, Uniform Administrative Requirements for Grants and Other Agreement with Institutes of Higher Education and Other Nonprofit Organizations;

    • A-87, Cost Principles for State and Local Governments (including Indian Tribes);

    • A-21, Cost Principles for Educational Institutions;

    • A-122, Cost Principles for Nonprofit Organizations;

    • A-128, Audits for State and Local Governments (including Indian Tribal governments);

    • A-133, Audits for Institutions of Higher Education and Other Nonprofit Organizations (including Indian Tribes);

    • A-129, Policies for Federal Credit Programs and Non-Tax Receivables.

  5. Treasury Circular:

    • Circular 1075, Withdrawal of Cash from Treasury for Advances under Federal Grant and Other Programs.

  6. Other Directives Current at Time of Award:

    • GAO Government Auditing Standards;

    • HHS and PHS Grants Administration Manuals;

    • PHS Grants Policy Statement.


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