This subpart establishes regulations applicable to program administration and grants management for all grants under the Act.
Link to an amendment published at 89 FR 80072, Oct. 2, 2024.
The following chart includes HHS regulations that apply to all grants made under the Act:
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| Title
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| 45 CFR part 16 | Department grant appeals process.
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| 45 CFR part 30 | HHS Standards and Procedures for Claims collection.
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| 45 CFR part 46 | Protection of human subjects.
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| 45 CFR part 75 | Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
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| 45 CFR part 80 | Nondiscrimination under programs receiving federal assistance through the Department of Health and Human Services—Effectuation of title VI and VII of the Civil Rights Act of 1964.
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| 45 CFR part 81 | Practice and procedure for hearings under part 80.
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| 45 CFR part 84 | Nondiscrimination on the basis of handicap in federally assisted programs.
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| 45 CFR part 87 | Equal treatment for faith based organizations.
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| 2 CFR part 170 | FFATA Sub-award and executive compensation.
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| 2 CFR 25.110 | CCR/DUNS requirement. |
In accordance with section 640(b) of the Act, federal financial assistance to a grant recipient will not exceed 80 percent of the approved total program costs. A grant recipient must contribute 20 percent as non-federal match each budget period. The responsible HHS official may approve a waiver of all or a portion of the non-federal match requirement on the basis of the grant recipient's written application submitted for the budget period and any supporting evidence the responsible HHS official requires. In deciding whether to grant a waiver, the responsible HHS official will consider the circumstances specified at section 640(b) of the Act and whether the grant recipient has made a reasonable effort to comply with the non-federal match requirement.
(a) Limitations. (1) Costs to develop and administer a program cannot be excessive or exceed 15 percent of the total approved program costs. Allowable costs to develop and administer a Head Start program cannot exceed 15 percent of the total approved program costs, which includes both federal costs and non-federal match, unless the responsible HHS official grants a waiver under paragraph (b) of this section that approves a higher percentage in order to carry out the purposes of the Act.
(2) To assess total program costs and determine whether a grant recipient meets this requirement, the grant recipient must:
(i) Determine the costs to develop and administer its program, including the local costs of necessary resources;
(ii) Categorize total costs as development and administrative or program costs;
(iii) Identify and allocate the portion of dual benefits costs that are for development and administration;
(iv) Identify and allocate the portion of indirect costs that are for development and administration versus program costs; and,
(v) Delineate all development and administrative costs in the grant application and calculate the percentage of total approved costs allocated to development and administration.
(b) Waivers. (1) The responsible HHS official may grant a waiver for each budget period if a delay or disruption to program services is caused by circumstances beyond the agency's control, or if an agency is unable to administer the program within the 15 percent limitation and if the agency can demonstrate efforts to reduce its development and administrative costs.
(2) If at any time within the grant funding cycle, a grant recipient estimates development and administration costs will exceed 15 percent of total approved costs, it must submit a waiver request to the responsible HHS official that explains why costs exceed the limit, that indicates the time period the waiver will cover, and that describes what the grant recipient will do to reduce its development and administrative costs to comply with the 15 percent limit after the waiver period.