016.14.3-1300. Legal Basis

AR ADC 016.14.3-1300Arkansas Administrative CodeEffective: [See Text Amendments] to February 29, 2024

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 14. Office of Finance and Administration
Rule 3. Social Services Block Grant Program Manual
Section 1000. Introduction to the Social Services Block Grant (Ssbg) Program.
Effective: [See Text Amendments] to February 29, 2024
Ark. Admin. Code 016.14.3-1300
016.14.3-1300. Legal Basis
A. The following federal laws and regulations form the basis for the operation of the SSBG program.
Catalog of Federal Domestic Assistance 93.667 - Social Services Block Grant (see Appendix F)
Title XX of the Social Security Act - see Social Security Act website at: http://www.ssa.gov/OP_Home/ssact/title20/2000.htm
Omnibus Budget Reconciliation Act of 1981 (Section 2352)
B. In addition, these laws apply to all federally funded programs.
Public Law 103-333 - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 1995.
Section 507 - Purchase of American-made Equipment and Products. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American made.
Section 508 - When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, all States receiving Federal funds, including but not limited to State and local governments and recipients of Federal research grants, shall clearly state:
1. the percentage of the total costs of the program or project which will be financed with Federal money;
2. the dollar amount of Federal funds for the project or program; and
3. the percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources.
Public Law 103-227, Part C - PRO-KIDS Act of 1994; Smoking may not be permitted in any portion of any indoor facility owned or regularly used for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments. The law does not apply to children's services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions or facilities used for inpatient drug and alcohol treatment.
The above language must be included in any sub-awards that contain provisions for children's services and all sub-grantees shall certify compliance accordingly.
Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended;
Recipients, recipients' employees, sub-recipients, and sub-recipients' employees may not:
1. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
2. Procure a commercial sex act during the period of time that the award is in effect; or
3. Use forced labor in the performance of the award or sub-awards under the award.
C. Regulations
Following are the major federal regulations which govern the operation of the SSBG program. Regulations are initially issued into the Federal Register and subsequently codified into the Code of Federal Regulations (CFR). Copies of the CFR and the Federal Register are available in most public libraries.
2 CFR Part 215 - (Office of Management and Budget [OMB] Circular A-110) Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations
This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies in the administration of grants to and agreements with institutions of higher education, hospitals, and other non-profit organizations.
2 CFR Part 225 - (OMB Circular A-87) Cost Principles for State, Local, and Indian Tribal Governments
This part establishes principles and standards for determining costs for Federal awards carried out through grants, cost reimbursement contracts, and other agreements with State and local governments and federally-recognized Indian tribal governments (governmental units).
2 CFR Part 230 - (OMB Circular A-122) Cost Principles for Non-profit Organizations
This part addresses the cost principles to which non-profit recipients are subject.
2 CFR Part 376 - Non-procurement Debarment and Suspension
This common rule restricts sub-awards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.
45 CFR Part 16 - Procedures of the Departmental Grant Appeals Board
This part is designed to provide a fair, impartial, quick, and flexible process for appeal on written final decisions. This part supplements the provisions in Part 74 of this title.
45 CFR Part 30 - Claims Collection
This part prescribes the standards and procedures for the Department of Health and Human Services' (DHHS') use in the administrative collection, offset, compromise, and suspension or termination of collection activity for claims.
45 CFR Part 80 - Nondiscrimination Under Programs Receiving Federal Assistance through DHHS, Effectuation of Title VI of the Civil Rights Act of 1964
The purpose of this part is to effectuate the provisions of Title VI of the Civil Rights Act of 1964 to the end that no person in the United States shall on the ground of race, color, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from DHHS.
45 CFR Part 81 - Practice and Procedure for Hearings Under Part 80 of this Title
The rules of procedure in this part supplement §§ 80.9 and 80.10 of this subtitle and govern the practice for hearings, decisions, and administrative review conducted by DHHS, pursuant to Title VI of the Civil Rights Act of 1964 and Part 80 of this subtitle.
45 CFR Part 84 - Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Federal Financial Assistance
The purpose of this part is to effectuate section 504 of the Rehabilitation Act of 1973, which is designed to eliminate discrimination on the basis of handicap in any program or activity receiving Federal financial assistance.
45 CFR Part 86 - Nondiscrimination on the Basis of Sex in Education Programs and Activities Receiving or Benefiting from Federal Financial Assistance
The purpose of this part is to eliminate discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in this part.
45 CFR Part 87 - Equal Treatment for Faith-based Organizations
Religious organizations are eligible, on the same basis as any other organization, to participate in any DHHS program for which they are otherwise eligible. Organizations that receive direct financial assistance from DHHS, however, may not engage in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded with direct financial assistance from DHHS. An organization that participates in programs funded by direct financial assistance from DHHS shall not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief.
45 CFR Part 91 - Nondiscrimination on the Basis of Age in DHHS Programs or Activities Receiving Federal Financial Assistance
The Age Discrimination Act of 1975 and the regulations set out in Part 90 prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance. Recipients of federal funds may, however, continue to use age distinctions and factors other than age which meet the requirement of the Act and its implementing regulations.
45 CFR Part 92 - Uniform Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Tribal Governments
This part establishes uniform administrative rules for Federal grants and cooperative agreements and sub-awards to State, local and Indian tribal governments.
Including:
45 CFR 92.35 - Sub-awards to debarred and suspended parties. Grantees and sub-grantees must not make any award or permit any award (sub-grant or contract) at any tier to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension”.
45 CFR 92.40(a) - Monitoring by grantees. Grantees are responsible for managing the day-to-day operation of grant and sub-grant supported activities. Grantees must monitor grant and sub-grant supported activities to assure compliance with applicable Federal requirements and achievement of performance goals. Grantee monitoring must cover each program, function, or activity.
45 CFR Part 93 - New Restrictions on Lobbying
Federal grant funds may not be used by the grantee or sub-grantee to support lobbying activities to influence proposed or pending Federal or State legislation or appropriations.
45 CFR Part 96 - Block Grants
This part addresses the prerequisites to obtain block grant funds, the basis of awards, grant payments, reallotments, time period for obligation and expenditure of grant funds, waivers, and annual reporting requirements. Appendix A to Part 96 provides the Uniform Definitions of Services.
45 CFR Part 100 - Intergovernmental Review of DHHS Programs and Activities
These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on state processes and on state, area wide, regional and local coordination for review of proposed Federal financial assistance and direct Federal development.
48 CFR Part 31 - Contract Cost Principles and Procedures
This part addresses the cost principles to which organizations, vendors and subcontractors are subject.
D. OMB Circulars:
OMB Circular A-102 - Grants and Cooperative Agreements with State and Local Governments
This Circular establishes consistency and uniformity among Federal agencies in the management of grants and cooperative agreements with State, local, and federally-recognized Indian tribal governments.
OMB Circular A-133 - Audits of States, Local Governments, and Non-Profit Organizations
This Circular addresses the provisions to which sub-recipients and sub-grantees are subject.

Credits

Eff. Sept. 1, 2001. Amended Dec. 4, 2009.
Ark. Admin. Code 016.14.3-1300, AR ADC 016.14.3-1300
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