42 U.S.C. § 299c–4: Additional provisions with…

Summary

Require the Director to write rules that explain what kinds of financial ties count as conflicts of interest for grant, cooperative agreement, or contract projects, and what actions the Director will take when those conflicts are found. The Director must also require that anyone asking for money or a contract send an application to the Secretary in the form, manner, and with the assurances and information the Director decides are needed. If a recipient asks, the Secretary may give supplies, equipment, services, or assign HHS staff to help carry out a project. The Secretary must lower the cash award by the cost of those items and people and use the withheld money to pay those expenses. Contracts under this part may ignore 31 U.S.C. 3324(a) and (b) and 41 U.S.C. 6101.

Title 42, §299c–4

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

(a)Financial conflicts of interest

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)Requirement of application

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)Provision of supplies and services in lieu of funds

(1)In general

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)Corresponding reduction in funds

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)Applicability of certain provisions with respect to contracts

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