(a) Each INA grantee must implement program and financial
management procedures to prevent fraud and abuse. Such procedures must
include a process which enables the grantee to take action against
contractors or subgrantees to
prevent any misuse of funds. (WIA sec. 184.)
(b) Each INA grantee must have rules to prevent conflict of
interest by its governing body. These conflict of interest rules must
include a rule prohibiting any member of any governing body or council
associated with the INA grantee from voting on any matter which would
provide a direct financial benefit to that member, or to a member of
his or her immediate family, in accordance with 20 CFR 667.200(a)(4)
and 29 CFR 97.36(b) or 29 CFR 95.42.
(c) Officers or agents of the INA grantee must not solicit or
personally accept gratuities, favors, or anything of monetary value
from any actual or potential contractor, subgrantee, vendor or
participant. This rule must also apply to officers or agents of the
grantee's contractors and/or subgrantees. This prohibition does not
apply to:
(1) Any rebate, discount or similar incentive provided by a vendor
to its customers as a regular feature of its business;
(2) Items of nominal monetary value distributed consistent with the
cultural practices of the Native American community served by the
grantee.
(d) No person who selects program participants or authorizes the
services provided to them may select or authorize services to any
participant who is such a person's husband, wife, father, mother,
brother, sister, son, or daughter unless:
(1)(i) The participant involved is a low income individual; or
(ii) The community in which the participant resides has a
population of less than 1,000 Native American people; and
(2) The INA grantee has adopted and implemented the policy
described in the Two Year Plan to prevent favoritism on behalf of such
relatives.
(e) INA grantees are subject to the provisions of 41 U.S.C. 53
relating to kickbacks.
(f) No assistance provided under this Act may involve political
activities. (WIA section 195(6).)
(g) INA grantees may not use funds under this Act for lobbying as
provided in 29 CFR part 93.
(h) The provisions of 18 U.S.C. 665 and 666 regarding embezzlement
apply to programs under WIA.
(i) Sectarian activities involving WIA funding or participants are
prohibited.
(j) INA grantees are prohibited from discriminatory practices as
outlined at WIA section 188, and the regulations implementing WIA
section 188. However, this does not affect the legal requirement that
all INA participants be Native American. Also, INA grantees are not
obligated to serve populations other than those for which they were
designated.
