§299c–4 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Director must make rules that say when someone's money or other financial ties to a project could create a bias toward certain results, and the rules must also say what steps the Director will take when such ties are found. The Director cannot give grants, cooperative agreements, or contracts under this subchapter unless an applicant sends an application to the Secretary in the form and with the information, promises, and assurances the Director requires. If a recipient asks, the Secretary can provide staff, supplies, equipment, or services to help run the project. The grant or award must be cut by the cost of those staff and the fair market value of what is provided, and the withheld money is used to pay those costs. Contracts under this part may be made without following section 3324(a) and (b) of title 31 and section 6101 of title 41.

Title 42, §299c–4

The Public Health and Welfare — Source: USLM XML via OLRC

(a)With respect to projects for which awards of grants, cooperative agreements, or contracts are authorized to be made under this subchapter, the Director shall by regulation define—

(1)the specific circumstances that constitute financial interests in such projects that will, or may be reasonably expected to, create a bias in favor of obtaining results in the projects that are consistent with such interests; and

(2)the actions that will be taken by the Director in response to any such interests identified by the Director.

(b)The Director may not, with respect to any program under this subchapter authorizing the provision of grants, cooperative agreements, or contracts, provide any such financial assistance unless an application for the assistance is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Director determines to be necessary to carry out the program involved.

(c)(1)Upon the request of an entity receiving a grant, cooperative agreement, or contract under this subchapter, the Secretary may, subject to paragraph (2), provide supplies, equipment, and services for the purpose of aiding the entity in carrying out the project involved and, for such purpose, may detail to the entity any officer or employee of the Department of Health and Human Services.

(2)With respect to a request described in paragraph (1), the Secretary shall reduce the amount of the financial assistance involved by an amount equal to the costs of detailing personnel and the fair market value of any supplies, equipment, or services provided by the Director. The Secretary shall, for the payment of expenses incurred in complying with such request, expend the amounts withheld.

(d)Contracts may be entered into under this part without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (d), “section 3324(a) and (b) of title 31 and section 6101 of title 41” substituted for “section 3648 and 3709 of the Revised Statutes (31 U.S.C. 529 and 41 U.S.C. 5)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Prior Provisions

A prior section 299c–4, act July 1, 1944, ch. 373, title IX, § 925, as added Pub. L. 101–239, title VI, § 6103(c), Dec. 19, 1989, 103 Stat. 2203; amended Pub. L. 104–201, div. A, title XVII, § 1723(a)(3)(B), Sept. 23, 1996, 110 Stat. 2759, related to certain administrative authorities, prior to the general amendment of this subchapter by Pub. L. 106–129. See section 299c–5 of this title.

§299c–4 Additional provisions with respect to grants and contracts

Summary

Title 42, §299c–4

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata