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U.S. Department of Health and Human Services
Indian Health Manual

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.