Awards issued through Funding Opportunity Announcements are subject to 45 CFR Part 75 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.
An application funded with the release of federal funds through a grant award does not constitute, or imply, compliance with federal regulations. Funded organizations are responsible for ensuring that their activities comply with all applicable federal regulations.
Recipients of federal financial assistance (FFA) from HHS must administer their programs in compliance with federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, disability, age and, in some circumstances, religion, conscience, and sex. This includes ensuring programs are accessible to persons with limited English proficiency. The HHS Office for Civil Rights provides guidance on complying with civil rights laws enforced by HHS. Please see Civil Rights for Providers of Health Care and Human Services and Civil Rights for Individuals and Advocates for more information.
Please contact the HHS Office for Civil Rights for more information about obligations and prohibitions under federal civil rights laws or call 1-800-368-1019 or TDD 1-800-537-7697.Next: Prohibition Against Profit >
Grantees are subject to the limitations set forth in 45 CFR § 75.216, Special provisions for awards to commercial organizations as recipients (45 CFR § 75.216(b)_Prohibition against profit), which states that, "...no HHS funds may be paid as profit to any recipient even if the recipient is a commercial organization. Profit is any amount in excess of allowable direct and indirect costs."Next: Award Term and Condition under the Trafficking Victims Protection Act of 2000 >
Awards issued under this announcement are subject to the requirements of Section 106 (g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104). View the full text of the award term.Next: Equal Treatment for Faith-Based Organizations >
Grantees are also subject to the requirements of 45 CFR §87, Equal Treatment for Faith-Based Organizations. Among those regulatory provisions, §87.3(a), states, "Faith-based or religious organizations are eligible, on the same basis as any other organization, to participate in any HHS awarding agency program for which they are otherwise eligible. Neither the HHS awarding agency, nor any State or local government and other pass-through entity receiving funds under any HHS awarding agency program shall, in the selection of service providers, discriminate for or against an organization on the basis of the organization’s religious character or affiliation. As used in this section, ‘‘program’’ refers to activities supported by discretionary, formula or block grants."
Furthermore, §87.3(b), states, "Organizations that apply for or receive direct financial assistance from an HHS awarding agency may not support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization), as part of the programs or services funded with direct financial assistance from the HHS awarding agency, or in any other manner prohibited by law. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded with direct financial assistance from the HHS awarding agency, and participation must be voluntary for beneficiaries of the programs or services funded with such assistance. The use of indirect Federal financial assistance is not subject to this restriction. Nothing in this part restricts HHS’s authority under applicable Federal law to fund activities, such as the provision of chaplaincy services, that can be directly funded by the Government consistent with the Establishment Clause."
Furthermore, §87.3(c), states, "A faith-based or religious organization that participates in HHS awarding agency-funded programs or services will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct financial assistance from an HHS awarding agency (including through a prime or sub-award) to support or engage in any explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization). A faith-based or religious organization may use space in its facilities to provide programs or services funded with financial assistance from the HHS awarding agency without removing religious art, icons, scriptures, or other religious symbols. In addition, a faith-based or religious organization that receives financial assistance from the HHS awarding agency retains its authority over its internal governance, and it may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents in accordance with all program requirements, statutes, and other applicable requirements governing the conduct of HHS funded activities."
Furthermore, §87.3(i)(1) states, "Faith-based or religious organizations providing social services in the United States to beneficiaries under an HHS program that is supported by direct Federal financial assistance must give written notice to beneficiaries or prospective beneficiaries of certain protections. This written notice must be given to beneficiaries prior to the time they enroll in the program or receive services from such programs. Notice must be given in a manner prescribed by the HHS awarding agency. This notice must state that:
(i) The organization may not discriminate against beneficiaries or prospective beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice;
(ii) The organization may not require beneficiaries to attend or participate in any explicitly religious activities that are offered by the organization, and any participation by beneficiaries in such activities must be purely voluntary;
(iii) The organization must separate in time or location any privately funded explicitly religious activities from activities supported by direct Federal financial assistance; (iv) If a beneficiary or prospective beneficiary objects to the religious character of the organization, the organization will undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no objection; however, the organization cannot guarantee that in every instance an alternative provider will be available; and
(v) Beneficiaries or prospective beneficiaries may report violations of these protections, including any denials of services or benefits that violate these regulations, by contacting or filing a written complaint with the HHS awarding entity.
(2) When the nature of the service provided or exigent circumstances make it impracticable to provide such written notice in advance of the actual service, service providers must advise beneficiaries of their protections at the earliest available opportunity."
Furthermore, §87.3 (j) states, "If a beneficiary or prospective beneficiary of a social service program supported by the HHS awarding agency objects to the religious character of an organization that provides services in the United States under the program, that organization must promptly undertake reasonable efforts to identify and refer the beneficiary to an alternative provider to which the beneficiary has no objection. A referral may be made to another faith-based or religious organization, if the beneficiary has no objection to that provider. But if the beneficiary requests a secular provider, and a secular provider is available, then a referral must be made to that provider. Except for services provided by telephone, internet, or similar means, the referral must be to an alternative provider that is in reasonable geographic proximity to the organization making the referral and that offers services that are similar in substance and quality to those offered by the organization. The alternative provider also must have the capacity to accept additional beneficiaries."
Furthermore, §87.3(k) states, "When the organization determines that it is unable to identify an alternative provider, the organization must promptly notify the prime recipient entity from which it has received funds. The prime recipient of Federal financial assistance must notify the HHS awarding agency when a sub-recipient is unable to identify an alternative provider. If the organization is successful in making a referral, it shall maintain a record of the referral."
The full set of these regulations entitled "Equal Treatment for Faith-Based Organizations," which includes the provisions identified above, can be found at: Understanding the Regulations Related to the Faith-Based and Neighborhood Partnerships Initiative.
Additional information, resources, and tools for faith-based organizations can be found at:Next: Pro-Children Act >
The Pro-Children Act of 2001, 20 U.S.C. §§ 7181 through 7184, imposes restrictions on smoking in facilities where federally funded children's services are provided. HHS grants are subject to these requirements only if they meet the Act's specified coverage. The Act specifies that smoking is prohibited in any indoor facility (owned, leased, or contracted for) used for the routine or regular provision of kindergarten, elementary, or secondary education or library services to children under the age of 18. In addition, smoking is prohibited in any indoor facility or portion of a facility (owned, leased, or contracted for) used for the routine or regular provision of federally funded health care, day care, or early childhood development, including Head Start services to children under the age of 18. The statutory prohibition also applies if such facilities are constructed, operated, or maintained with federal funds. The statute does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, portions of facilities used for inpatient drug or alcohol treatment, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in a civil monetary penalty of up to $1,000 per violation and/or the imposition of an administrative compliance order on the responsible entity.Next: Requirements for Drug-Free Workplace >
The Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106) requires that all organizations receiving grants from any federal agency agree to maintain a drug-free workplace. By signing the application, the Authorizing Official agrees that the grantee will provide a drug-free workplace and will comply with the requirement to notify ACF if an employee is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. Government-wide requirements for Drug-Free Workplace for Financial Assistance are found in 2 CFR Part 182; HHS implementing regulations are set forth in 2 CFR § 382.400. All recipients of ACF grant funds must comply with the requirements in Subpart B - Requirements for Recipients Other Than Individuals, 2 CFR § 382.225. View the rule.Next: Debarment and Suspension >
HHS regulations published in 2 CFR Part 376 implement the government-wide debarment and suspension system guidance (2 CFR Part 180) for HHS' non-procurement programs and activities. "Non-procurement transactions" include, among other things, grants, cooperative agreements, scholarships, fellowships, and loans. ACF implements the HHS Debarment and Suspension regulations as a term and condition of award. Grantees may decide the method and frequency by which this determination is made and may check the Excluded Parties List System (EPLS) located at https://www.sam.gov, although checking the EPLS is not required.Next: Stevens Amendment >
Beginning in 1989, the United States Department of Health and Human Services' (HHS) annual appropriations included a provision known as the “Stevens Amendment” to ensure transparency and accountability in federal spending. The Stevens Amendment requires all HHS grant and cooperative agreement recipients to acknowledge federal funding when publicly communicating projects or programs funded through the HHS annual appropriation.
When issuing statements, press releases, publications, requests for proposal, bid solicitations and other documents --such as tool-kits, resource guides, websites, and presentations (hereafter “statements”) -- describing the projects or programs funded in whole or in part with HHS federal funds, the recipient must clearly state:
When issuing statements resulting from activities supported by HHS financial assistance, the recipient entity must include an acknowledgement of federal assistance using one of the following or a similar statement.
If the HHS Grant or Cooperative Agreement is NOT funded with other non-governmental sources:
"This [project/publication/program/website, etc.] [is/was] supported by the Administration for Children and Families (ACF) of the United States (U.S.) Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with 100 percent funded by ACF/HHS. The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by ACF/HHS, or the U.S. Government. For more information, please visit the ACF website, Administrative and National Policy Requirements."
The HHS Grant or Cooperative Agreement IS partially funded with other nongovernmental sources:
"This [project/publication/program/website, etc.] [is/was] supported by the Administration for Children and Families (ACF) of the United States (U.S.) Department of Health and Human Services (HHS) as part of a financial assistance award totaling $XX with XX percentage funded by ACF/HHS and $XX amount and XX percentage funded by non-government source(s). The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by ACF/HHS, or the U.S. Government. For more information, please visit the ACF website, Administrative and National Policy Requirements."
The federal award total must reflect total costs (direct and indirect) for all authorized funds (including supplements and carryover) for the total competitive segment up to the time of the public statement. Any amendments by the recipient to the acknowledgement statement must be coordinated with the HHS Awarding Agency. If the recipient plans to issue a press release concerning the outcome of activities supported by HHS financial assistance, it should notify the HHS Awarding Agency in advance to allow for coordination. For examples of applicability for the Stevens Amendment, please review Examples of Stevens Amendment Documents or Other Publications.Next: Freedom of Information Act (FOIA) >
Applications funded by federal grant programs are subject to disclosure under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Such applications are frequently requested under the FOIA, consistent with the FOIA’s requirement to proactively disclose frequently requested materials at 5 U.S.C. § 552(a)(2)(D). Each released application will receive appropriate redaction of specific information to protect personal privacy and competitively sensitive commercial information. Learn more about filing a FOIA request.Next: Award Term and Condition for Unpaid Federal Tax Liability >
Grantees are subject to the requirement contained in Section 745 of the “Consolidated Appropriations Act, 2016,” (Title VII, General Provisions – Government-Wide), which says “None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government."Next: Requirements for Grantee Electronic and Information Technology >
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794(a)), states that no otherwise qualified individual with a disability in the United States shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Department. To assist grantees in these compliance obligations, HHS suggests implementing the Section 508 standards when the grantee anticipates public use of its electronic and information technology. Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d(a)(1)(A)) requires that when Federal agencies develop, procure, maintain, or use electronic and information technology, individuals with disabilities have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities.Next: Award Term for System Award Management and Unique Entity Identifier >
This award is subject to requirements as set forth in System Award Management (formerly Central Contractor Registration) and Unique Entity Identifier (formerly DUNS) Requirements. (2 CFR § 25.110).
Appendix A to Part 25
a. Requirement for SAM
Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term.
b. Requirement for Unique Entity Identifier Number
If you are authorized to make subawards under this award, you:
For purposes of this award term:
5. Subrecipient means an entity that:
For more information, please review the Award Term for FFATA.Next: Award Term and Condition for Recipient Integrity and Performance Matters (Commonly referred to as FAPIIS) >
For more information on FAPIIS, please review Award Term and Condition for Recipient Integrity and Peformance Matters.Next: Award Term and Condition on Subawards >
This term and condition applies to all Administration for Children and Families (ACF) discretionary grant recipients except as noted otherwise within this term and condition. The following types of ACF programs are exempt from this term and condition: programs where subawards are prohibited by statute or regulation and mandatory grant programs. However, please note that all mandatory programs at ACF are subject to 45 CFR §§ 75.351-.353. Should any of the requirements in this term and condition conflict with a statute or regulation, the requirements in the statute or regulation must be followed.
According to 45 CFR § 75.2, “Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.” A subaward is determined by the substance of the agreement and characteristics specified in 45 CFR § 75.351. Subawards also do not include consultant agreements (see 45 CFR § 75.459) or unfunded collaborators. Unfunded collaborators are individuals involved in collaborations on the grant project, but not funded through the grant; typically, this may occur on research grants.
The prime recipient is the entity that receives a Federal award directly from ACF. The prime recipient is responsible for oversight of all programmatic, financial, and administrative matters, including reporting, related to the grant. This responsibility includes oversight of these matters as they relate to the subrecipient(s). Prime recipients opting to use subawards are required to adhere to the requirements noted in 45 CFR § 75.352 and be in compliance with 45 CFR § 75.351 and § 75.353.
In addition, the prime recipient must maintain a substantive role in the project. ACF defines a substantive role as conducting activities and/or providing services funded under the award that are necessary and integral to the completion of the project. Subrecipient monitoring activities alone as specified in 45 CFR § 75.352 do not constitute a substantive role.
ACF does not fund awards where the role of the applicant is primarily to serve as a conduit for passing funds to other organizations unless that arrangement is authorized by statute. In the absence of such statutory authority, each prime recipient’s primary role must be to ensure the delivery of the statutorily authorized services, whether provided directly or through collaborative involvement with their subrecipient(s). Per 42 USC 9832(3), Head Start or Early Head Start agencies with delegate agencies are exempt from the requirements in this paragraph.
Subrecipient(s) must meet the eligibility requirements identified in the Funding Opportunity Announcement (FOA), Section III.1. Eligible Applicants, or as otherwise specified in the FOA. Additionally, all subrecipient(s) must obtain a DUNS number, or after government-wide implementation, a Unique Entity Identifier assigned by the System for Award Management (SAM), if they do not already have one. Prime recipients are required to check the SAM to verify that the subrecipient(s) is/are not debarred, suspended, or ineligible.
If the grant program requires cost sharing or matching, subrecipients may provide cost sharing or matching towards the prime recipient’s requirement, if their contribution meets requirements at 45 CFR § 75.306.
The prime recipient must conduct a risk assessment of subrecipient(s) in accordance with 45 CFR § 75.352(b). Prime recipients may be required to report under the Federal Financial Accountability and Transparency Act (FFATA). Please refer to FFATA for more information.
Should a subrecipient perform unsatisfactorily, the prime recipient is responsible for remedying subrecipient issues. Prime recipients of an award will be legally accountable to ACF for performance of the project or program. Prime recipients will be held solely responsible in the event of non-compliance by a subrecipient. The prime recipient will be held accountable for cost disallowances regarding subawarded funds. Subrecipient performance will also be considered during review of applications for non-competing continuations. If requirements of the program cannot be met due to subrecipient issues, ACF may need to take one or more of the actions listed under 45 CFR § 75.371-.375.
Prime recipients who propose to issue subaward(s), but had not yet identified the subrecipient organization(s) by the time of application submission must submit a prior approval request with the name of the subrecipient organization(s), updated description(s) of the work to be performed, and updated subaward budget(s) and budget justification(s). This information must be submitted within 90 days from the start date of the grant or as otherwise specified in the award-specific terms and conditions. If a subaward was not originally proposed in the application, but later becomes necessary, ACF prior approval is required before any activities in the subaward request begin.Next: Prohibition on Expending HHS Award Funds for Covered Telecommunications Equipment or Services as Per 2 CFR 200.216 >
Effective August 13, 2020
"Prohibition on certain telecommunications and video surveillance services or equipment."
(a) As described in CFR 200.216, recipients and subrecipients are prohibited to obligate or spend grant funds (to include direct and indirect expenditures as well as cost share and program) to:
(1) Procure or obtain,
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into contract (or extend or renew contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Pub. L. 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
ii. Telecommunications or video surveillance services provided by such entities or using such equipment.
iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise, connected to the government of a covered foreign country.