Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Technical Amendments, 3004-3023 [2015-32101]
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3004
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Parts 38, 50, 51, 51a, 51b, 51c,
51d, 52, 52a, 52b, 52c, 52d, 52e, 55a,
56, 57, 59, 59a, 62, 63a, 64, 65, 65a, 66,
67, 124, 136, 403, 417, 430, 433, 434,
435, 436, 438, 440, 441, 456, 457, and
1001
45 CFR Parts 16, 63, 75, 87, 95, 98, 261,
262, 263, 265, 286, 287, 301, 302, 303,
304, 309, 400, 1000, 1301, 1304, 1309,
1321, 1326, 1328, 1336, 1355, and 1357
RIN 0991–ZA46
Performance’’ to 2 CFR part 200,
published on July 22, 2015 (80 FR
43301), and ‘‘Universal Identifier and
System of Award Management;
Corrections’’, published on September
10, 2015 (80 FR 54407), made by the
Office of Management and Budget
(OMB). HHS adopts the correcting
amendments made by OMB. HHS is also
making amendments to address citation
or grammatical inconsistencies, to
amend incomplete statements in the
regulation, and to update existing HHS
regulations to incorporate 45 CFR part
75. The correcting amendments will go
into effect at the time of publicatio
Federal Awarding Agency Regulatory
Implementation of Office of
Management and Budget’s Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards; Technical
Amendments
Department of Health and
Human Services.
ACTION: Interim final rule; technical
amendments.
42 CFR Part 50
This document contains
technical amendments to HHS
regulations regarding Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards. The regulatory content
is being amended to add information
that was erroneously omitted, to include
updated cross-references within HHS’
regulations, and to make grammatical
corrections.
SUMMARY:
Effective January 20, 2016.
Implementation Date: For all nonFederal entities, there is a two-year
grace period for implementation of the
procurement standards in 45 CFR
75.326 through 75.335.
FOR FURTHER INFORMATION CONTACT:
Audrey E. Clarke, Ph.D., Division of
Grants, Office of Grants and Acquisition
Policy and Accountability, Office of the
Assistant Secretary for Financial
Resources, U.S. Department of Health
and Human Services, 200 Independence
Ave. SW., Room 529G.17, Washington,
DC 20201; phone: (202) 720–1908;
email: Audrey.Clarke@hhs.gov.
SUPPLEMENTARY INFORMATION: HHS is
correcting its regulations in line with FR
Doc. 2014–28697, published on
December 19, 2014 (79 FR 75871),
entitled ‘‘Federal Awarding Agency
Regulatory Implementation of Office of
Management and Budget’s Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
Federal Awards’’, the ‘‘Guidance for
Reporting and Use of Information
Concerning Recipient Integrity and
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DATES:
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Grant programs-health, Medical
research, Reporting and recordkeeping
requirements.
42 CFR Part 52a
Blood diseases, Grant programshealth, Heart diseases, Lung diseases,
Medical research, Reporting and
recordkeeping requirements.
42 CFR Part 52b
Grant programs-health, Health
facilities, Medical research, Reporting
and recordkeeping requirements.
42 CFR Part 52c
List of Subjects
AGENCY:
42 CFR Part 52
42 CFR Part 38
Disaster assistance, Government
contracts, Grant programs-health,
mental health programs.
Administrative practice and
procedure, Conflicts of interests, Drugs,
Family planning, Grant programshealth, Grant programs-science and
technology, Health care, Reporting and
recordkeeping requirements, Research,
Science and technology.
42 CFR Part 51
Administrative practice and
procedure, Grant programs-health,
Health facilities, Health records, mental
health programs, Privacy, Reporting and
recordkeeping requirements.
42 CFR Part 51a
Blood diseases, Colleges and
Universities, Genetic diseases, Grant
programs-Health, Maternal and Child
Health, Medical research, and
Recordkeeping requirements.
Educational study programs, Grant
programs-health, Medical research,
Reporting and recordkeeping
requirements.
42 CFR Part 52d
Cancer, Educational study programs,
Grant programs-health, Health
professions, Reporting and
recordkeeping requirements.
42 CFR Part 52e
Blood diseases, Grant programshealth, Health care, Health diseases,
Health professions, Lung diseases,
Medical research, Reporting and
recordkeeping requirements.
42 CFR Part 55a
Black lung benefits, Grant programshealth, Health care, Health facilities,
Miners, Reporting and recordkeeping
requirements.
42 CFR Part 56
Grant programs-health, Health care,
Health facilities, Migrant labor,
Reporting and, recordkeeping
requirements.
42 CFR Part 51b
42 CFR Part 57
Communicable diseases, Grant
programs-health, Immunization,
Maternal and Child health, Reporting
and Recordkeeping requirements,
Research, Venereal Diseases.
Aged, Education of disadvantaged,
Educational facilities, Educational study
programs, Grant programs-education,
Grant programs-health, Health facilities,
Health professions, Loan programshealth, Medical and dental schools,
Reporting and recordkeeping
requirements, Scholarships and
fellowships, Student aid.
42 CFR Part 51c
Grant programs-health, Health care,
Health facilities, Reporting and
recordkeeping requirements.
42 CFR Part 51d
Administrative practice and
procedure, Disaster assistance, Drug
abuse, Emergency medical services,
Grant programs-health, Health facilities,
Mental health programs, Privacy,
Reporting and recordkeeping
requirements.
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42 CFR Part 59
Family planning, Grant programshealth, Grant programs-social programs,
Health professions, Reporting and
recordkeeping requirements, Youth.
42 CFR Part 59a
Grant programs-health, Libraries,
Medical research, Reporting and
recordkeeping requirements.
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42 CFR Part 62
42 CFR Part 430
45 CFR Part 63
Educational study programs, Grant
programs-education, Grant programshealth, Health professions, Loan
programs-education, Loan programshealth, Reporting and recordkeeping
requirements, Scholarships and
fellowships.
Administrative practice and
procedure, Grant programs-health,
Medicaid, Reporting and recordkeeping
requirements.
Grant programs-communications,
Grant programs-education, Grant
programs-health, Grant programs-social
programs, Research,
Telecommunications.
42 CFR Part 433
Administrative practice and
procedure, Child support, Claims, Grant
programs-health, Medicaid, Reporting
and recordkeeping requirements.
42 CFR Part 63a
Grant programs-health, Medical
research.
42 CFR Part 434
42 CFR Part 64
Educational study programs, Grant
programs-education, Grant programshealth, Health professions, Libraries,
Manpower training programs, Reporting
and recordkeeping requirements.
42 CFR Part 65
Education, Grant programs-education,
Grant programs-health, Hazardous
waste, Nonprofit organizations,
Occupational safety and health,
Reporting and recordkeeping
requirements.
42 CFR Part 65a
Grant programs-health, Hazardous
waste, Medical research.
Grant programs-health, Health
maintenance organizations (HMO),
Medicaid, Reporting and recordkeeping
requirements.
42 CFR Part 435
Aid to Families with Dependent
Children, Grant programs-health,
Medicaid, Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI), Wages.
42 CFR Part 436
Aid to Families with Dependent
Children, Grant programs-health, Guam,
Medicaid, Puerto Rico, Supplemental
Security Income (SSI), Virgin Islands.
42 CFR Part 438
Grant programs-health, Medicaid,
Reporting and recordkeeping
requirements.
42 CFR Part 66
Grant programs-health, Health
professions, Medical research.
42 CFR Part 440
42 CFR Part 67
Grant programs-health, Medicaid.
Grant programs-health, Medical
research, Reporting and recordkeeping
requirements.
42 CFR Part 441
42 CFR Part 124
Grant programs-health, Health
facilities, Reporting and recordkeeping
requirements.
Aged, Family planning, Grant
programs-health, Infants and children,
Medicaid, Penalties, Reporting and
recordkeeping requirements.
42 CFR Part 456
42 CFR Part 136
Employment, Government
procurement, Health care, Health
facilities, Indians, Infants and children,
Maternal and child health, Penalties,
Reporting and recordkeeping
requirements.
42 CFR Part 403
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Grant programs-health, Health
insurance, Hospitals, Intergovernmental
relations, Medicare, Reporting and
recordkeeping requirements.
42 CFR Part 417
Administrative practice and
procedure, Grant programs-health,
Health care, Health insurance, Health
maintenance organizations (HMO), Loan
programs-health, Medicare, Reporting
and recordkeeping requirements.
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Administrative practice and
procedure, Drugs, Grant programshealth, Health facilities, Medicaid,
Reporting and recordkeeping
requirements.
42 CFR Part 457
Administrative practice and
procedure, Grant programs-health,
Health insurance, Reporting and
recordkeeping requirements.
45 CFR Part 75
Accounting Auditing Administrative
practice and procedure Colleges and
universities Cost principles Grant
programs Grant programs-health Grants
administration Hospitals Indians
Nonprofit organizations reporting and
recordkeeping requirements and State
and local governments.
45 CFR Part 87
Administrative practice and
procedure, Grant programs-social
programs, nonprofit organizations,
Public assistance programs.
45 CFR Part 95
Claims, Computer technology, Grant
programs-health, Grant programs-social
programs, Reporting and recordkeeping
requirements, Social security.
45 CFR Part 98
Administrative practice and
procedure, Day care, Grant programsIndians, Grant programs-social
programs, Indians, Penalties, Religious
discrimination, Reporting and
recordkeeping, requirements.
45 CFR Parts 261, 262, 263, and 265
Administrative practice and
procedure, Day care, Employment,
Grant programs-social programs, Loan
programs-social programs, Manpower
training programs, Penalties, Public
assistance, programs, Reporting and
recordkeeping requirements.
45 CFR Parts 286
Administrative practice and
procedure, Day care, Employment,
Grant programs-social programs,
Indians, Loan programs-social programs,
Manpower training programs, Penalties,
Public assistance programs, Reporting
and recordkeeping requirements.
45 CFR Parts 287
Administrative practice and
procedure, Fraud, Grant programshealth, Health facilities, Health
professions, Maternal and child health,
Medicaid, Medicare, Social Security.
Administrative practice and
procedure, Employment, Grant
programs-social programs, Indians, Loan
programs-social programs, Manpower
training programs, Penalties, Public
assistance programs, Reporting and
recordkeeping requirements.
45 CFR Part 16
45 CFR Parts 301, 303, and 304
Administrative practice and
procedure, Grant programs-health, Grant
programs-social programs.
Child support, Grant programs-social
programs, Reporting and recordkeeping
requirements.
42 CFR Part 1001
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45 CFR Part 302
45 CFR Part 1355
§ 50.309
Child support, Grant programs-social
programs, Penalties, Reporting and
recordkeeping, requirements,
Unemployment compensation.
Child welfare, Computer technology,
Grant programs-social programs,
Reporting and recordkeeping
requirements.
■
45 CFR Part 309
45 CFR Part 1357
■
Child support, Grant programs-social
programs, Indians, Reporting and
recordkeeping, requirements.
45 CFR Part 400
Adoption and foster care, Child
welfare, Grant programs-social
programs, Indians, Reporting and
recordkeeping requirements.
Employment, Grant programs-social
programs, Health care, Public assistance
programs, Refugees, Reporting and
recordkeeping requirements.
Dated: December 14, 2015.
Ellen Murray,
Assistant Secretary for Financial Resources,
Department of Health and Human Services.
45 CFR Part 1000
Under the authority of (5 U.S.C. 301),
the Department of Health and Human
Services amends 42 CFR parts 38, 50,
51, 51a, 51b, 51c, 51d, 52, 52a, 52b, 52c,
52d, 52e, 55a, 56, 57, 59, 59a, 62, 63a,
64, 65, 65a, 66, 67, 124, 136, 403, 417,
430, 433, 434, 435, 436, 438, 440, 441,
456, 457, and 1001, and 45 CFR parts
16, 63, 75, 87, 95, 98, 261, 262, 263, 265,
286, 287, 301, 302, 303, 304, 309, 400,
1000, 1301, 1304, 1309, 1321, 1326,
1328, 1336, 1355, and 1357 by making
the following correcting amendments:
Grant programs-social programs,
Reporting and recordkeeping
requirements.
45 CFR Part 1301
Administrative practice and
procedure, Education of disadvantaged,
Grant programs-social programs.
45 CFR Part 1304
Dental health, Education of
disadvantaged, Grant programs-social
programs, Health care, mental health
programs, Nutrition, Reporting and
recordkeeping requirements.
Title 42—Public Health
PART 38—DISASTER ASSISTANCE
FOR CRISIS COUNSELING AND
TRAINING
45 CFR Part 1309
Grant programs-social programs, Rates
and Fares.
45 CFR Parts 1321
Administrative practice and
procedure, Aged, Grant programsIndians, Grant programs-social
programs, Indians, Legal services,
Nutrition, Reporting and recordkeeping
requirements.
45 CFR Part 1326
Administrative practice and
procedure, Aged, Grant programsIndians, Grant programs-social
programs, Indians, Nutrition, Reporting
and recordkeeping requirements.
45 CFR Part 1328
Administrative practice and
procedure, Aged, Grant programs-social
programs, Hawaiian, Natives, Nutrition,
Reporting and recordkeeping
requirements.
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45 CFR Part 1336
Administrative practice and
procedure, American Samoa, Grant
programs-Indians, Grant programssocial programs, Guam, Hawaiian
Natives, Indians, Northern Mariana
Islands, Reporting and recordkeeping
requirements.
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1. The authority citation for part 38
continues to read as follows:
■
Authority: Sec. 413, Pub. L. 93–288. The
Disaster Relief Act of 1974, 88 Stat. 157, 42
U.S.C. 5183, E.O. 11795, 39 FR 25939, as
amended by E.O. 11910, 41 FR 15681.
§ 38.5
4. Amend § 50.309, by removing ‘‘45
CFR 74.20 et seq’’ and adding in its
place ‘‘45 CFR 75.361 et seq’’.
§ 50.504
[Amended]
5. Amend § 50.504(a)(3), by removing
‘‘45 CFR part 74,’’ and adding in its
place ‘‘45 CFR part 75, subpart E,’’.
§ 50.604
[Amended]
6. Amend § 50.604(i), by removing
‘‘45 CFR 74.53(b) and 92.42(b)’’ and
adding in its place ‘‘45 CFR 75.361’’.
■
§ 50.606
[Amended]
7. Amend § 50.606(b), in the last
sentence, by removing ‘‘special award
conditions under 45 CFR 74.14 and
92.12, or suspension of funding or other
enforcement action under 45 CFR 74.62
and 92.43,’’ and adding in its place
‘‘specific award conditions under 45
CFR 75.207, or suspension of funding or
other enforcement action under 45 CFR
75.371,’’.
■
§ 50.607
[Amended]
8. Amend § 50.607, by removing ‘‘45
CFR part 74—Uniform administrative
requirements for awards and subawards
to institutions of higher education,
hospitals, other nonprofit organizations,
and commercial organizations’’ and
adding in alphanumeric order ‘‘45 CFR
part 75—Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for HHS Awards’’
and removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
State, local, and tribal governments’’.
■
[Amended]
2. Amend § 38.5:
■ a. In paragraph (d) by removing ‘‘45
CFR part 74—Administration of grants’’
and ‘‘45 CFR part 75—Informal grant
appeals procedures’’;
■ b. In paragraph (d) by adding in
alphanumeric order ‘‘45 CFR part 75—
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for HHS Awards’’; and
■ c. In paragraph (e) by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
PART 50—POLICIES OF GENERAL
APPLICABILITY
3. The authority citation for part 50
continues to read as follows:
■
Authority: Sec. 215, Public Health Service
Act, 58 Stat. 690 (42 U.S.C. 216); Sec. 1006,
Public Health Service Act, 84 Stat. 1507 (42
U.S.C. 300a–4), unless otherwise noted.
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PART 51—REQUIREMENTS
APPLICABLE TO THE PROTECTION
AND ADVOCACY FOR INDIVIDUALS
WITH MENTAL ILLNESS PROGRAM
9. The authority citation for part 51
continues to read as follows:
■
Authority: 42 U.S.C. 10801, et seq.
§ 51.4
[Amended]
10. Amend § 51.4:
a. By removing ‘‘45 CFR part 74—
Administration of Grants.’’ and ‘‘45 CFR
part 75—Informal Grants Appeals
Procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards.’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
State and Local Governments.’’
■
■
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§ 51.10
[Amended]
11. Amend § 51.10 by removing ‘‘45
CFR part 74’’ and adding in its place
‘‘45 CFR part 75’’.
74’’ and adding in its place ‘‘45 CFR
part 75, subpart E’’ and in paragraph
(b)(7), by removing ‘‘45 CFR part 74;’’
and adding in its place ‘‘45 CFR part
75;’’.
PART 51a—PROJECT GRANTS FOR
MATERNAL AND CHILD HEALTH
§ 51c.112
■
12. The authority citation for part 51a
continues to read as follows:
■
Authority: Sec. 1102 of the Social Security
Act, 49 Stat. 647 (42 U.S.C. 1302); sec. 502(a),
502(b)(1)(A), and 506(a)(3) of the Social
Security Act, 95 Stat. 819–20 (42 U.S.C.
702(a), 702(b)(1)(A) and 706(a)(3)).
§ 51a.7
§ 51c.113
[Amended]
13. Amend § 51a.7, in paragraph (b):
a. By removing ‘‘45 CFR part 74—
Administration of grants to nonprofit
organizations.’’ and ‘‘45 CFR part 75—
Informal Grants Appeals Procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards.’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
State and Local Governments.’’
■
■
Applicability of 45 CFR part 75.
The provisions of 45 CFR part 75,
establishing uniform administrative
requirements and cost principles, shall
apply to all grants under this part.
§ 51c.502
[Amended]
21. Amend § 51c.502(a) by removing
‘‘45 CFR 74.132’’ and adding in its place
‘‘45 CFR 75.2’’.
■
PART 51d—MENTAL HEALTH AND
SUBSTANCE ABUSE EMERGENCY
RESPONSE PROCEDURES
22. The authority citation for part 51d
continues to read as follows:
■
Authority: 42 U.S.C. 290aa(m).
PART 51b—PROJECT GRANTS FOR
PREVENTIVE HEALTH SERVICES
§ 51d.8
14. The authority citation for part 51b
continues to read as follows:
■
■
■
Authority: Secs. 317 and 318, Public
Health Service Act, 92 Stat. 3574 and 3582
(42 U.S.C. 247b, 247c); sec. 1743 Pub. L. 97–
35, 95 Stat. 763 (31 U.S.C. 1243 note).
§ 51b.105
[Amended]
15. Amend § 51b.105, by removing
‘‘45 CFR part 74—Administration of
grants’’ and ‘‘45 CFR part 75—Informal
grant appeals procedures’’ and adding
in alphanumeric order ‘‘45 CFR part
75—Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for HHS Awards’’.
■
§ 51b.106
[Amended]
16. Amend § 51b.106(d), by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
PART 51c—GRANTS FOR
COMMUNITY HEALTH SERVICES
17. The authority citation for part 51c
continues to read as follows:
■
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[Amended]
19. Amend § 51c.112(c)(2)(iii) by
removing ‘‘subparts F, M, and O of 45
CFR part 74’’ and adding in its place
‘‘45 CFR 75.307, 75.371 through 75.385,
and 75.316–75.325’’.
■ 20. Revise § 51c.113 to read as
follows:
■
Authority: Sec. 330, Public Health Service
Act, 89 Stat. 342, (42 U.S.C. 254c); sec. 215,
Public Health Service Act, 58 Stat. 690, (42
U.S.C. 216).
[Amended]
23. Amend § 51d.8:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grants appeals
procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments’’.
§ 51d.10
[Amended]
24. Amend § 51d.10(a)(2) and (b)(2) by
removing ‘‘45 CFR 92.41(b),’’ and
adding in its place ‘‘45 CFR 75.341,’’.
■ 25. Amend § 51d.10(a)(3) and (b)(1),
(b)(3), and (b)(4) by removing ‘‘45 CFR
92.50(b)’’ and adding in its place ‘‘CFR
75.342’’.
■
PART 52—GRANTS FOR RESEARCH
PROJECTS
26. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 216.
§ 52.6
[Amended]
[Amended]
18. Amend § 51c.107, in paragraph (a),
by removing ‘‘subpart Q of 45 CFR part
■
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[Amended]
28. Amend § 52.8:
■ a. By removing ‘‘45 CFR part 74—
Administration of grants.’’ and ‘‘45 CFR
part 75—Informal grants appeals
procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments’’.
■
PART 52a—NATIONAL INSTITUTES OF
HEALTH CENTER GRANTS
29. The authority citation for part 52a
continues to read as follows:
■
Authority: 42 U.S.C. 216, 284g, 285a–
6(c)(1)(E), 285a–7(c)(1)(G), 285b–4, 285c–5,
285c–8, 285d–6, 285e–2, 285e–3, 285e–10a,
285f–1, 285g–5, 285g–7, 285g–9, 285m–3,
285o–2, 286a–7(c)(1)(G), 287c–32(c), 300cc16.
§ 52a.4
[Amended]
30. Amend § 52a.4(i) by removing ‘‘45
CFR 74.40 through 74.47 and 45 CFR
92.25’’ and adding in its place ‘‘45 CFR
75.307’’.
■
§ 52a.7
[Amended]
31. Amend § 52a.7 by removing ‘‘45
CFR 74.27.’’ and adding in its place ‘‘45
CFR part 75, subpart E.’’.
■
§ 52a.8
[Amended]
32. Amend § 52a.8:
a. By removing ‘‘45 CFR part 74—
Uniform administrative requirements
for awards and subawards to
institutions of higher education,
hospitals, other nonprofit organizations,
and commercial organizations; and
certain grants and agreements with
states, local governments and Indian
tribal governments’’ and ‘‘45 CFR part
75—Informal grant appeals procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
State and local governments’’.
■
■
PART 52b—NATIONAL INSTITUTES OF
HEALTH CONSTRUCTION GRANTS
33. The authority citation for part 52b
continues to read as follows:
■
27. Amend § 52.6(a), in the last
sentence, by removing ‘‘subpart Q of 45
CFR part 74’’ and adding in its place
‘‘45 CFR part 75, subpart E’’.
■
§ 51c.107
§ 52.8
3007
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Authority: 42 U.S.C. 216, 285a–2, 285a–
3, 285b–3, 285b–4, 285d–6, 285i, 285m–3,
285o–4, 287a–2, 287a–3, 300cc–41.
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§ 52b.7
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
[Amended]
§ 52d.8
34. Amend § 52b.7(c), in the last
sentence, by removing ‘‘45 CFR part 74’’
and adding in its place ‘‘45 CFR part
75’’.
■
§ 52b.14
[Amended]
35. Amend § 52b.14(b):
a. By removing ‘‘45 CFR part 74—
Uniform administrative requirements
for awards and subawards to
institutions of higher education,
hospitals, other nonprofit organizations,
and commercial organizations; and
certain grants and agreements with
states, local governments and Indian
tribal governments.’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards.’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
State and local governments.’’.
■
■
[Amended]
41. Amend § 52d.8 by removing ‘‘45
CFR part 74—Administration of grants’’
and ‘‘45 CFR part 75—Informal grant
appeals procedures’’ and adding in its
place ‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’.
■
PART 52e—NATIONAL HEART, LUNG,
AND BLOOD INSTITUTE GRANTS FOR
PREVENTION AND CONTROL
PROJECTS
42. The authority citation for part 52e
continues to read as follows:
■
Authority: 42 U.S.C. 216, 285b–1.
§ 52e.6
[Amended]
36. The authority citation for part 52c
continues to read as follows:
■
Authority: 42 U.S.C. 216, 241(a)(3).
§ 52c.6
[Amended]
37. Amend § 52c.6(a) by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
§ 52c.7
[Amended]
38. Amend § 52c.7:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grants appeals
procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments.’’.
■
■
39. The authority citation for part 52d
continues to read as follows:
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Authority: Sec. 215, 58 Stat. 690, as
amended, 63 Stat. 835 (42 U.S.C. 216); sec.
404(a)(4), 92 Stat. 3426 (42 U.S.C. 285).
[Amended]
40. Amend § 52d.7 by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
VerDate Sep<11>2014
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Jkt 238001
§ 56.108
[Amended]
50. Amend § 56.108 in paragraph (a)
by removing ‘‘subpart Q of 45 CFR part
74’’ and adding in its place ‘‘45 CFR
part 75, subpart E’’ and in paragraph
(b)(7) by removing ‘‘45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75’’.
■
§ 52e.7
■
[Amended]
44. Amend § 52e.7(a) by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
§ 52e.8
[Amended]
45. Amend § 52e.8:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grants appeals
procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments’’.
[Amended]
51. In § 56.113(c)(2)(iii), remove
‘‘subparts F, M, and O of 45 CFR part
74’’ and add in its place ‘‘45 CFR
75.307, 75.371 through 75.385, and
75.316 through 75.325’’.
■ 52. Revise § 56.114 to read as follows:
§ 56.114
Applicability of 45 CFR part 75.
The provisions of 45 CFR part 75,
establishing uniform administrative
requirements and cost principles, shall
apply to all grants under this part.
PART 57—GRANTS FOR
CONSTRUCTION OF TEACHING
FACILITIES, EDUCATIONAL
IMPROVEMENTS, SCHOLARSHIPS
AND STUDENT LOANS
53. The authority citation for part 57
continues to read as follows:
■
Authority: Sec. 427(a), Federal Mine
Safety and Health Act of 1977, 92 Stat. 100
(30 U.S.C. 937(a)).
Authority: Sec. 215 of the Public Health
Service Act, 58 Stat. 690, as amended, 63
Stat. 35 (42 U.S.C. 216); secs. 740–747 of the
Public Health Service Act, 77 Stat. 170–173,
as amended by 90 Stat. 2266–2268, 91 Stat.
390–391, 95 Stat. 920, 99 Stat. 532–536, and
102 Stat. 3125 (42 U.S.C. 294m–q);
renumbered as secs. 721–735, as amended by
Pub. L. 102–408, 106 Stat. 2011–2022 (42
U.S.C. 292q–292y).
§ 57.215
PART 55a—PROGRAM GRANTS FOR
BLACK LUNG CLINICS
46. The authority citation for part 55a
continues to read as follows:
■
[Amended]
47. Amend § 55a.107 by removing ‘‘45
CFR part 74—Administration of grants;’’
and ‘‘45 CFR part 75—Informal grant
appeals procedures;’’ and adding in
alphanumeric order ‘‘45 CFR part 75—
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for HHS Awards;’’.
■
■
■
Authority: Secs. 215, 319, Public Health
Service Act (42 U.S.C. 216, 247d).
§ 55a.107
PART 52d—NATIONAL CANCER
INSTITUTE CLINICAL CANCER
EDUCATION PROGRAM
§ 52d.7
49. The authority citation for part 56
continues to read as follows:
■
§ 56.113
■
■
■
PART 56—GRANTS FOR MIGRANT
HEALTH SERVICES
43. Amend § 52e.6(e) by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
■
PART 52c—MINORITY BIOMEDICAL
RESEARCH SUPPORT PROGRAM
Circular A–102, Uniform Requirements
for Assistance to State and Local
Governments, as adopted for the
Department of Health and Human
Services by 45 CFR part 74’’ and adding
in its place ‘‘subpart F of 45 CFR part
75’’.
§ 55a.201
[Amended]
48. Amend § 55a.201(g) by removing
‘‘Attachment P, Audit Requirements, of
Office of Management and Budget
■
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[Amended]
54. Amend § 57.215(a)(3) by removing
‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’.
■
§ 57.315
[Amended]
55. Amend § 57.315(b)(2) by removing
‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’.
■
PART 59—GRANTS FOR FAMILY
PLANNING SERVICES
56. The authority citation for part 59
continues to read as follows:
■
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Authority: 42 U.S.C. 300a–4.
§ 59.9
[Amended]
57. Amend § 59.9 by removing ‘‘45
CFR part 74 or Part 92, as applicable’’
and adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
§ 59.10
[Amended]
58. Amend § 59.10:
a. By removing ‘‘45 CFR part 74—
Uniform administrative requirements
for awards and subawards to
institutions of higher education,
hospitals, other nonprofit organizations,
and commercial organizations; and
certain grants and agreements with
states, local governments and Indian
tribal governments’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments’’.
■
■
§ 59.206
[Amended]
59. Amend § 59.206(c) by removing
‘‘subpart Q of 35 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
§ 59.208
[Amended]
Applicability of 45 CFR part 75.
63. The authority citation for part 59a
continues to read as follows:
■
Authority: 42 U.S.C. 286b–2, 286b–5.
rmajette on DSK2TPTVN1PROD with RULES
[Amended]
64. Amend § 59a.6 by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
[Amended]
15:15 Jan 19, 2016
§ 62.58
[Amended]
69. Amend § 62.58:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’, ‘‘45 CFR part
75—Informal grant appeals procedures’’
and ‘‘45 CFR part 92—Administrative
Requirements for grants and cooperative
agreements to State and local
governments (effective October 1,
1988)’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By arranging existing entries in
alphanumeric order.
PART 63a—NATIONAL INSTITUTES OF
HEALTH TRAINING GRANTS
70. The authority citation for part 63a
continues to read as follows:
■
65. Amend § 59a.7:
VerDate Sep<11>2014
Authority: Sec. 215 of the Public Health
Service Act, 58 Stat. 690, as amended, 63
Stat. 35 (42 U.S.C. 216); sec. 751 of the Public
Health Service Act, 90 Stat. 2281 (42 U.S.C.
294t), unless otherwise noted.
■
■
PART 59a—NATIONAL LIBRARY OF
MEDICINE GRANTS
■
[Amended]
67. Amend § 59a.17:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grants appeals
procedures.’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments’’.
■
■
68. The authority citation for part 62
continues to read as follows:
The provisions of 45 CFR part 75,
establishing uniform administrative
requirements and cost principles, shall
apply to all grants under this part.
§ 59a.7
§ 59a.17
■
61. Amend § 59.212(d)(2)(iii) by
removing ‘‘subparts F, M, and O of 45
CFR part 74.’’ and adding in its place
‘‘45 CFR 75.307, 75.371 through 75.385,
and 75.316–75.325.’’.
■ 62. Revise § 59.215 to read as follows:
§ 59a.6
[Amended]
66. Amend § 59a.16(a) by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
PART 62—NATIONAL HEALTH
SERVICE CORPS SCHOLARSHIP AND
LOAN REPAYMENT PROGRAMS
■
§ 59.215
§ 59a.16
[Amended]
60. Amend § 59.208(a) by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
§ 59.212
a. By removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grants appeals
procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments’’.
■
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Fmt 4700
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3009
Authority: 42 U.S.C. 216, 2421(b)(3),
284(b)(1)(C), 285g–10, 287c(b), 300cc–
15(a)(1), 300cc–41(a)(3)(C), 7403(h)(2).
§ 63a.10
[Amended]
71. Amend § 63a.10(a) by removing
‘‘45 CFR 74.27’’ and adding in its place
‘‘45 CFR part 75, subpart E’’.
■
§ 63a.11
[Amended]
72. Amend § 63a.11:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grant appeals
procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
administrative requirements, cost
principles, and audit requirements for
HHS awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Administrative Requirements for grants
and cooperative agreements to State and
local governments’’.
■
■
PART 64—NATIONAL LIBRARY OF
MEDICINE TRAINING GRANTS
73. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 216, 286b–3.
§ 64.8
[Amended]
74. Amend § 64.8 by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
■
§ 64.9
[Amended]
75. Amend § 64.9:
a. By removing ‘‘45 CFR part 74—
Administration of grants.’’ and ‘‘45 CFR
part 75—Informal grant appeals
procedures.’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards.’’; and
■ c. By removing ‘‘45 CFR part 92—
Administrative Requirements for grants
and cooperative agreements to State and
local governments.’’.
■
■
PART 65—NATIONAL INSTITUTE OF
ENVIRONMENTAL HEALTH SCIENCES
HAZARDOUS WASTE WORKER
TRAINING
76. The authority citation for part 65
continues to read as follows:
■
Authority: 42 U.S.C. 9660a; 49 U.S.C.
App. 1816.
§ 65.8
[Amended]
77. Amend § 65.8:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grant appeals
procedures’’;
■
■
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Administrative Requirements for Grants
and Cooperative Agreements to State
and local Governments’’.
■
PART 65a—NATIONAL INSTITUTE OF
ENVIRONMENTAL HEALTH SCIENCES
HAZARDOUS SUBSTANCES BASIC
RESEARCH AND TRAINING GRANTS
■
■
78. The authority citation for part 65a
continues to read as follows:
■
Authority: 42 U.S.C. 216, 9660(a).
§ 65a.9
[Amended]
79. Amend § 65a.9(a) by removing ‘‘45
CFR 74.25’’ and adding in its place ‘‘45
CFR 75.308’’.
■
§ 65a.10
[Amended]
80. Amend § 65a.10 by removing ‘‘45
CFR 74.27’’ and adding in its place ‘‘45
CFR part 75, subpart E’’.
b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’.
PART 67—AGENCY FOR HEALTH
CARE POLICY AND RESEARCH
GRANTS AND CONTRACTS
84. The authority citation for part 67
continues to read as follows:
Authority: Pub. L. 103–43, 107 Stat. 214–
215, Pub. L. 102–410, 106 Stat. 2094–2101
and sec. 6103, Pub. L. 101–239, 103 Stat.
2189–2208, Title IX of the Public Health
Service Act (42 U.S.C. 299–299c-6); and sec.
1142, Social Security Act (42 U.S.C. 1320b12).
§ 67.11
[Amended]
85. Amend § 67.11 in the definition of
‘‘Grant,’’ by removing ‘‘45 CFR parts 74
and 92’’ and adding in its place ‘‘45 CFR
part 75’’.
■
■
§ 65a.11
[Amended]
81. Amend § 65a.11:
a. By removing ‘‘45 CFR part 74—
Uniform administrative requirements
for awards and subawards to
institutions of higher education,
hospitals, other nonprofit organizations,
and commercial organizations; and
certain grants and agreements with
states, local governments and Indian
tribal governments’’ and ‘‘45 CFR part
75—Informal grant appeals procedures’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements to
state and local governments’’.
■
■
PART 66—NATIONAL RESEARCH
SERVICE AWARDS
82. The authority citation for part 66
continues to read as follows:
83. Amend § 66.207:
a. By removing ‘‘45 CFR part 74—
Uniform administrative requirements
for awards and subawards to
institutions of higher education,
hospitals, other nonprofit organizations,
and commercial organizations; and
certain grants and agreements with
states, local governments and Indian
tribal governments’’ and ‘‘45 CFR part
75—Informal grant appeals procedures’’;
and
■
■
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[Amended]
87. Amend § 67.19:
a. By removing ‘‘45 CFR part 74—
Administration of grants’’;
■ b. By adding in alphanumeric order
‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards’’; and
■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements
for grants and cooperative agreements
with State and local governments’’.
■
■
PART 124—MEDICAL FACILITY
CONSTRUCTION AND
MODERNIZATION
88. The authority citation for part 124
continues to read as follows:
■
[Amended]
89. Amend § 124.6 by removing
‘‘subpart K of 45 CFR part 74.’’ and
adding in its place ‘‘45 CFR 75.305’’.
■
[Amended]
15:15 Jan 19, 2016
§ 67.19
§ 124.6
Authority: 42 U.S.C. 216, 288.
VerDate Sep<11>2014
[Amended]
86. Amend § 67.18 by removing ‘‘45
CFR part 74, or part 92 for State and
local government grantees’’ and adding
in its place ‘‘45 CFR part 75’’.
■
Authority: Secs. 215, 1602, 1625, Public
Health Service Act (42 U.S.C. 216, 300o–1,
300r), unless otherwise noted.
■
§ 66.207
§ 67.18
Jkt 238001
§ 124.7
[Amended]
90. Amend § 124.7 by removing
‘‘subpart Q of 45 CFR part 74.’’ and
adding in its place ‘‘45 CFR part 75,
subpart E.’’.
■ 91. Revise § 124.11 to read as follows:
■
§ 124.11
Applicability of 45 CFR part 75.
The provisions of 45 CFR part 75,
establishing uniform administrative
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requirements and cost principles, shall
apply to all grants under this part.’’.
PART 136—INDIAN HEALTH
92. The authority citation for part 136
continues to read as follows:
■
Authority: 25 U.S.C. 13; sec. 3, 68 Stat.
674 (42 U.S.C., 2001, 2003); Sec. 1, 42 Stat.
208 (25 U.S.C. 13); 42 U.S.C. 2001, unless
otherwise noted.
§ 136.56
[Amended]
93. Amend § 136.56 by removing ‘‘45
CFR part 74, subpart C’’ and adding in
its place ‘‘45 CFR 75.361’’.
■
§ 136.104
[Amended]
94. Amend § 136.104(a) by removing
‘‘45 CFR part 74, subpart N’’ and adding
in its place ‘‘45 CFR 75.206’’.
■
§ 136.105
[Amended]
95. Amend § 136.105(e) Note by
removing ‘‘45 CFR 74.15’’ and adding in
its place ‘‘45 CFR 75.304’’.
■
§ 136.107
[Amended]
96. Amend § 136.107 in paragraph (a)
by removing ‘‘subpart Q of 45 CFR part
74’’ and adding in its place ‘‘45 CFR
part 75, subpart E’’ and in paragraph (b)
Note by removing ‘‘45 CFR 74.53’’ and
adding in its place ‘‘45 CFR 75.306’’.
■
§ 136.110
[Amended]
97. Amend § 136.110(b)(3) by
removing ‘‘subpart P of 45 CFR part 74’’
and adding in its place ‘‘45 CFR 75.326
through 75.340’’.
■
§ 136.111
[Amended]
98. Amend § 136.111 in the Note by
removing ‘‘45 CFR 74.47(a)’’ and adding
in its place ‘‘45 CFR 75.305(b)(9)’’.
■
§ 136.114
[Amended]
99. Amend § 136.114 by removing ‘‘45
CFR part 74—Administration of grants’’
and ‘‘45 CFR part 75—Informal grant
appeals procedures’’ and adding in
alphanumeric order ‘‘45 CFR 75—
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for HHS Awards’’.
■
§ 136.115
[Amended]
100. Amend § 136.115 in the Note by
removing ‘‘45 CFR part 74, subpart M’’
and adding in its place ‘‘45 CFR 75.371
through 75.385’’.
■
§ 136.116
[Amended]
101. Amend § 136.116 by removing
‘‘subpart J of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR 75.341
through 75.360’’ and in the Note by
removing ‘‘45 CFR part 74’’ and adding
in its place ‘‘45 CFR part 75’’.
■
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
§ 136.120
[Amended]
102. Amend § 136.120 in the Note by
removing ‘‘45 CFR part 74’’ and adding
in its place ‘‘45 CFR part 75’’.
■
§ 136.302
[Amended]
103. Amend § 136.302(r) by removing
‘‘45 CFR 74.3’’ and adding in its place
‘‘45 CFR 75.2’’.
■
§ 136.312
74.132’’ and adding in its place ‘‘45 CFR
75.2’’.
PART 430—GRANTS TO STATES FOR
MEDICAL ASSISTANCE PROGRAMS
111. The authority citation for part
430 continues to read as follows:
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
[Amended]
104. Amend § 136.312(a) by removing
‘‘45 CFR part 74, subpart N’’ and adding
in its place ‘‘45 CFR 75.206’’.
■
§ 430.2
105. Amend § 136.314 by removing
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’.
112. Amend § 430.2(b) by removing
‘‘Part 74—Administration of Grants.’’
and adding in alphanumeric order ‘‘Part
75—Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for HHS Awards.’’.
■ 113. Revise § 430.30(e) to read as
follows:
§ 136.316
§ 430.30
§ 136.314
[Amended]
■
[Amended]
106. Amend § 136.316 by removing
‘‘45 CFR part 74, Administration of
grants’’ and ‘‘45 CFR part 75, Informal
grant appeals procedures’’ and adding
in alphanumeric order ‘‘45 CFR part
75—Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for HHS Awards’’.
■
PART 403—SPECIAL PROGRAMS AND
PROJECTS
107. The authority citation for part
403 continues to read as follows:
■
Authority: 42 U.S.C. 1395b–3 and Secs.
1102 and 1871 of the Social Security Act (42
U.S.C. 1302 and 1395hh).
§ 403.512
[Amended]
■
[Amended]
*
*
*
*
*
(e) General administrative
requirements. With the following
exceptions, the provisions of 45 CFR 75,
which establish uniform administrative
requirements and cost principles, apply
to all grants made to States under this
subpart:
(1) Cost sharing or matching, 45 CFR
75.306; and
(2) Financial reporting, 45 CFR
75.341.
PART 433—STATE FISCAL
ADMINISTRATION
114. The authority citation for part
433 continues to read as follows:
■
Authority: Sec. 1102 of the Social Security
Act, (42 U.S.C. 1302).
PART 417—HEALTH MAINTENANCE
ORGANIZATIONS, COMPETITIVE
MEDICAL PLANS, AND HEALTH CARE
PREPAYMENT PLANS
PART 434—CONTRACTS
109. The authority citation for part
417 continues to read as follows:
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■
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395hh), secs. 1301, 1306, and 1310 of the
Public Health Service Act (42 U.S.C. 300e,
300e–5, and 300e–9), and 31 U.S.C. 9701.
§ 417.911
[Amended]
110. Amend § 417.911 Small Capital
Expenditure (1) by removing ‘‘45 CFR
15:15 Jan 19, 2016
[Amended]
115. Amend § 433.112(b)(7) by
removing ‘‘45 CFR 74.27(a)’’ and adding
in its place 45 CFR part 75, subpart E’’.
■
§ 433.322
[Amended]
116. Amend § 433.322 by removing
‘‘45 CFR 92.42’’ and adding in its place
45 CFR 75.361 through 75.370’’.
■
Jkt 238001
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
117. The authority citation for part
434 continues to read as follows:
[Amended]
121. Amend § 435.407(j) by removing
‘‘45 CFR 74.53’’ and adding in its place
‘‘45 CFR 75.361’’.
■
PART 436—ELIGIBILITY IN GUAM,
PUERTO RICO, AND THE VIRGIN
ISLANDS
122. The authority citation for part
436 continues to read as follows:
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
§ 436.407
[Amended]
123. Amend § 436.407(j) by removing
‘‘45 CFR 74.53’’ and adding in its place
‘‘45 CFR 75.361’’.
■
PART 438—MANAGED CARE
124. The authority citation for part
438 continues to read as follows:
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
[Amended]
125. Amend § 438.356(e) by removing
‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’.
■
PART 440—SERVICES: GENERAL
PROVISIONS
126. The authority citation for part
440 continues to read as follows:
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
§ 440.170
[Amended]
127. Amend § 440.170(a)(4)(i)(A) by
removing ‘‘45 CFR 92.36(b) through (i)’’
and adding in its place ‘‘45 CFR 75.326
through 75.340’’.
■
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302).
PART 441—SERVICES:
REQUIREMENTS AND LIMITS
APPLICABLE TO SPECIFIC SERVICES
§ 434.6
■
[Amended]
128. The authority citation for part
441 continues to read as follows:
118. Amend § 434.6(a)(1) by removing
‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’.
Authority: Secs. 1102, 1902, and 1928 of
the Social Security Act (42 U.S.C. 1302).
§ 434.70
§ 441.208
■
[Amended]
119. Amend § 434.70(a)(2) by
removing ‘‘45 CFR part 74’’ and adding
in its place ‘‘45 CFR part 75’’.
■
■
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§ 433.112
120. The authority citation for part
434 continues to read as follows:
■
§ 438.356
108. Amend § 403.512(a):
a. By removing from the first sentence
‘‘45 CFR part 92 (‘‘Uniform
Administrative Requirements for Grants
and Cooperative Agreements to State
and Local Governments’’), 45 CFR 74.4’’
and adding in its place ‘‘45 CFR part
75’’; and
■ b. By removing from the second
sentence ‘‘45 CFR 74.4 or in part 92’’
and adding in its place ‘‘45 CFR part
75’’.
■
■
PART 435—ELIGIBILITY IN THE
STATES, DISTRICT OF COLUMBIA,
THE NORTHERN MARIANA ISLANDS,
AND AMERICAN SAMOA
§ 435.407
[Amended]
3011
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[Amended]
129. Amend § 441.208 by removing
‘‘45 CFR 74.20’’ and adding in its place
‘‘45 CFR 75.361’’.
■
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
[Amended]
130. Amend § 441.353(c)(3) by
removing ‘‘45 CFR part 74’’ and adding
in its place ‘‘45 CFR part 75’’.
■
§ 441.484
[Amended]
131. Amend § 441.484(a)(2) by
removing ‘‘45 CFR 74.40 through 74.48’’
and adding in its place ‘‘45 CFR 75.326
through 75.340’’.
■
PART 456—UTILIZATION CONTROL
[Amended]
133. Amend § 456.722(c)(1) by
removing ‘‘45 CFR part 74, subpart P,
and appendix G–O of OMB circular A–
102’’ and adding in its place ‘‘45 CFR
75.326 through 75.340’’.
■
PART 457—ALLOTMENTS AND
GRANTS TO STATES
[Amended]
135. Amend § 457.230 by removing
‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’.
Grants procedures.
*
*
*
*
*
(f) * * *
(1) Cost sharing or matching, 45 CFR
75.306; and
(2) Financial reporting, 45 CFR
75.341.
[Amended]
138. Amend § 457.940 in paragraph
(b)(1) by removing ‘‘45 CFR 74.43 or 45
CFR 92.36, as applicable’’ and adding in
its place ‘‘45 CFR 75.326 through
75.340’’ and in paragraph (d) by
removing ‘‘45 CFR part 74 or 45 CFR
part 92, as applicable’’ and adding in its
place ‘‘45 CFR part 75’’.
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PART 16—PROCEDURES OF THE
DEPARTMENTAL GRANT APPEALS
BOARD
[Amended]
142. Amend § 16.1 by removing ‘‘part
74 of this title’’ and adding in its place
‘‘part 75 of this title’’.
[Amended]
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■
■
136. Amend § 457.628(b) by removing
‘‘Part 74—Administration of Grants
(except as specifically excepted).’’ and
adding in alphanumeric order ‘‘45 CFR
part 75—Uniform Administrative
Requirements, Cost Principles, and
Audit Requirements for HHS Awards
(except as specifically excepted).’’.
■ 137. Amend § 457.630 in paragraph (f)
introductory text by removing ‘‘45 CFR
part 74’’ and adding in its place ‘‘45
CFR part 75’’ and revising paragraphs
(f)(1) and (2).
The revisions read as follows:
PART 63—GRANT PROGRAMS
ADMINISTERED BY THE OFFICE OF
THE ASSISTANT SECRETARY FOR
PLANNING AND EVALUATION
■
§ 16.1
■
■
[Amended]
[Amended]
147. Amend § 16.22(b)(1) by removing
‘‘see § 74.114 of this title’’ and adding in
its place ‘‘see § 75.371 of this title’’.
■
140. Amend § 1001.952(w)(7) by
removing ‘‘45 CFR 74.40 through 74.48’’
and adding in its place ‘‘45 CFR 75.326
through 75.340’’ and designating the
undesignated paragraph following
paragraph (w)(9) as Note to paragraph
(w).
Authority: 5 U.S.C. 301 and secs. 1, 5, 6,
and 7 of Reorganization Plan No. 1 of 1953,
18 FR 2053, 67 Stat. 631 and authorities cited
in the Appendix.
■
§ 457.940
Authority: 42 U.S.C. 1302, 1320a-7, 1320a7b, 1395u(j), 1395u(k), 1395w-104(e)(6),
1395y(d), 1395y(e), 1395cc(b)(2)(D), (E) and
(F), and 1395hh; and sec. 2455, Public Law
103–355, 108 Stat. 3327 (31 U.S.C. 6101
note).
141. The authority citation for part 16
continues to read as follows:
Authority: Section 1102 of the Social
Security Act (42 U.S.C. 1302).
§ 457.630
§ 16.22
■
134. The authority citation for part
457 continues to read as follows:
■
§ 457.628
139. The authority citation for part
1001 continues to read as follows:
■
■
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302), unless otherwise noted.
§ 457.230
at www.hhs.gov/dab/divisions/
appellate.
*
*
*
*
*
§ 1001.952
132. The authority citation for part
456 continues to read as follows:
■
§ 456.722
PART 1001—PROGRAM INTEGRITY—
MEDICARE AND STATE HEALTH
CARE PROGRAMS
§ 16.2
[Amended]
148. The authority citation for part 63
continues to read as follows:
Authority: Sec. 602, Community Services
Act (42 U.S.C. 2942); sec. 1110, Social
Security Act (42 U.S.C. 1310).
§ 63.8
[Amended]
149. Amend § 63.8(c)(1) by removing
‘‘Part 74 of this title, establishing
uniform administrative requirements
and cost principles for grants’’ and
adding in its place ‘‘Part 75 of this title,
establishing uniform administrative
requirements, cost principles and audit
requirements for grants’’.
§ 63.34
[Amended]
150. Amend § 63.34 by removing
‘‘§ 74.114’’ and adding in its place
‘‘§ 75.372’’.
■
PART 75—UNIFORM ADMINISTRATIVE
REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR HHS
AWARDS
143. Amend § 16.2(b) by removing
‘‘part 74 of this title’’ and adding in its
place ‘‘part 75 of this title’’.
■
§ 16.3
§ 75.1
■
[Amended]
144. Amend § 16.3(b) by removing ‘‘45
CFR 74.304’’ and adding in its place ‘‘45
CFR 75.374’’.
■
§ 16.7
[Amended]
145. Amend § 16.7(a) by removing ‘‘45
CFR 74.304’’ and adding in its place ‘‘45
CFR 75.374’’.
■ 146. Amend § 16.20 by revising
paragraph (a) to read as follows:
■
§ 16.20
Board.
How to submit material to the
(a) Submissions should be addressed
to the Board’s current mailing address:
Department of Health and Human
Services, Departmental Appeals Board,
Appellate Division—MS 6127, 330
Independence Ave. SW., Cohen
Building—Rm. G–644, Washington, DC
20201; however, submissions to the
Board in certain types of cases may be
made by electronic filing using DAB EFile at https://dab.efile.hhs.gov.
Changes to the mailing address will be
made available on the Board’s Web site
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151. The authority citation for part 75
continues to read as follows:
Authority: 5 U.S.C. 301.
Acronyms [Amended]
152. Amend § 75.1 by removing ‘‘COG
Councils of Governments’’ and adding
in its place ‘‘COG Councils Of
Governments’’; adding in alphabetical
order ‘‘FAPIIS Federal Awardee
Performance and Integrity Information
System’’; and removing ‘‘SAM System
for Award Management’’ and adding in
its place ‘‘SAM System for Award
Management (accessible at https://
www.sam.gov)’’
■ 153. Amend § 75.2:
■ a. By revising paragraph (2) in the
definition of ‘‘Cognizant agency for
indirect costs;’’
■ b. In the definition of ‘‘Federal Audit
Clearinghouse FAC’’ by removing
‘‘FAC’’ and adding ‘‘(FAC)’’ in its place;
■ c. In the definition of ‘‘Federal
financial assistance’’:
■ i. By revising paragraphs (1)
introductory text and (2) introductory
text; and
■ ii. By redesignating paragraph (c) as
paragraph (3).
■
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d. By revising the terms ‘‘GAAP’’ and
‘‘GAGAS’’ to read ‘‘Generally Accepted
Accounting Principles (GAAP)’’and
‘‘Generally Accepted Government
Auditing Standards (GAGAS),’’
respectively, and redesignating them in
proper alphabetical order;
■ e. By revising the definitions of
‘‘Improper payment,’’ ‘‘Obligations,’’
and ‘‘Simplified acquisition threshold;’’
and
■ f. Adding a definition of ‘‘Working
capital advance.’’
The revisions and additions read as
follows:
■
§ 75.2
Definitions.
*
*
*
*
*
Cognizant agency for indirect costs
* * *
(2) For nonprofit organizations,
Appendix IV to Part 75 C.2.a.
*
*
*
*
*
Federal financial assistance means
(1) Assistance that non-Federal
entities receive or administer in the
form of:
*
*
*
*
*
(2) For § 75.202 and Subpart F of this
part, Federal financial assistance also
includes assistance that non-Federal
entities receive or administer in the
form of:
*
*
*
*
*
Improper payment:
(1) Means any payment that should
not have been made or that was made
in an incorrect amount (including
overpayments and underpayments)
under statutory, contractual,
administrative, or other legally
applicable requirements; and
(2) Includes any payment to an
ineligible party, any payment for an
ineligible good or service, any duplicate
payment, any payment for a good or
service not received (except for such
payments where authorized by law), any
payment that does not account for
credit for applicable discounts, and any
payment where insufficient or lack of
documentation prevents a reviewer from
discerning whether a payment was
proper.
*
*
*
*
*
Obligations, when used in connection
with a non-Federal entity’s utilization of
funds under a Federal award,
obligations means orders placed for
property and services, contracts and
subawards made, and similar
transactions during a given period that
require payment by the non-Federal
entity during the same or a future
period.
*
*
*
*
*
Simplified acquisition threshold
means the dollar amount below which
a non-Federal entity may purchase
Are applicable to the following types of Federal
awards and fixed-price contracts and subcontracts (except as noted in paragraphs (d) and (e) below):
The following portions of the part:
3013
property or services using small
purchase methods. Non-Federal entities
adopt small purchase procedures in
order to expedite the purchase of items
costing less than the simplified
acquisition threshold. The simplified
acquisition threshold is set by the
Federal Acquisition Regulation at 48
CFR subpart 2.1 and in accordance with
41 U.S.C. 1908. As of the publication of
this part, the simplified acquisition
threshold is $150,000, but this threshold
is periodically adjusted for inflation.
See also Micro-purchase.
*
*
*
*
*
Working capital advance means a
procedure whereby funds are advanced
to the recipient to cover its estimated
disbursement needs for a given initial
period.
■ 154. In § 75.101:
■ a. Revise the table in paragraph (b)(1);
■ b. Revise paragraph (b)(2);
■ c. In paragraph (c), remove the
reference ‘‘§ 75.215: and add ‘‘§ 75.217’’
in its place; and
■ d. Revise paragraphs (d)(1) and (e)(1)
introductory text.
The revisions read as follows:
§ 75.101
*
Applicability
*
*
(b) * * *
(1) * * *
*
*
Are NOT applicable to the following types of Federal
awards and fixed-price contracts and subcontracts:
This table must be read along with the other provisions in this section
Subpart A—Acronyms and Definitions .............................
Subpart B—General Provisions, except for §§ 75.111,
75.112. and 75.113.
Sections 75.111, 75.112, and 75.113 ..............................
—All.
—All.
—Grant agreements and
cooperative agreements.
Subparts C–D, except for §§ 75.202, 75.303, 75.351–
.353.
—Grant agreements and
cooperative agreements.
§ 75.202 ............................................................................
—Grant Agreements and
cooperative agreements.
—Agreements for loans,
loan guarantees, interest
subsidies and insurance.
—All.
—Grant agreements and
cooperative agreements,
except those providing
food commodities.
—All procurement contracts
under the Federal Acquisition Regulations except
those that are not negotiated.
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§§ 75.303, 75.351–.353 ....................................................
Subpart E—Cost Principles ..............................................
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—Agreements for loans, loan guarantees, interest subsidies and insurance.
—Procurement contracts awarded by Federal Agencies
under the Federal Acquisition Regulations and subcontracts under these contracts.
—Agreements for loans, loan guarantees, interest subsidies and insurance.
—Procurement contracts awarded under the Federal
Acquisition Regulations and cost-reimbursement and
subcontracts under these contracts.
—Procurement contracts awarded under the Federal
Acquisition Regulations and cost-reimbursement and
subcontracts under these contracts.
—Grant agreements and cooperative agreements providing food commodities.
—Fixed amount awards.
—Agreements for loans, loan guarantees, interest subsidies and insurance.
—Federal awards to hospitals (See Appendix IX).
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Are applicable to the following types of Federal
awards and fixed-price contracts and subcontracts (except as noted in paragraphs (d) and (e) below):
The following portions of the part:
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Subpart F—Audit Requirements .......................................
(2) Federal award of costreimbursement contract under the FAR
to a non-Federal entity. When a nonFederal entity is awarded a costreimbursement contract, only subpart D
of this part §§ 75.351 through 75.353 (in
addition to any FAR related
requirements for subaward monitoring),
Subpart E of this part and Subpart F of
this part are incorporated by reference
into the contract. However, when the
Cost Accounting Standards (CAS) are
applicable to the contract, they take
precedence over the requirements of
this part except for subpart F of this part
when they are in conflict. In addition,
costs that are made unallowable under
10 U.S.C. 2324(e) and 41 U.S.C. 4304(a)
as described in the FAR subpart 31.2
and subpart 31.603 are always
unallowable. For requirements other
than those covered in subpart D of this
part, §§ 75.351 through 75.353, subpart
E of this part and subpart F of this part,
the terms of the contract and the FAR
apply.
*
*
*
*
*
(d) * * *
(1) The block grant awards authorized
by the Omnibus Budget Reconciliation
Act of 1981 (including Community
Services), except to the extent that
Subpart E of this Part apply to
subrecipients of Community Services
Block Grant funds pursuant to 42 U.S.C.
9916(a)(1)(B);
*
*
*
*
*
(e) * * *
(1) Entitlement Federal awards to
carry out the following programs of the
Social Security Act:
*
*
*
*
*
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§ 75.102
—Grant agreements and
cooperative agreements.
—Contracts and subcontracts, except for fixed
price contract and subcontracts, awarded under
the Federal Acquisition
Regulation.
—Agreements for loans,
loan guarantees, interest
subsidies and insurance
and other forms of Federal Financial Assistance
as defined by the Single
Audit Act Amendment of
1996.
Are NOT applicable to the following types of Federal
awards and fixed-price contracts and subcontracts:
—Fixed-price contracts and subcontracts awarded
under the Federal Acquisition Regulation.
[Amended]
§ 75.113
155. Amend § 75.102(b) by adding a
comma after ‘‘indirect costs’’ and
removing the second sentence.
■
§ 75.103
[Amended]
156. In § 75.103, amend paragraphs (a)
and (b) by adding ‘‘Prescribing the
Duties of the Office of Management and
Budget and the Domestic Policy Council
in the Executive Office of the President’’
after ‘‘Executive Order 11541’’ in each
paragraph.
■
§ 75.104
[Amended]
§ 75.110
Effective/Applicability date
(a) The standards set forth in this part
which affect administration of Federal
awards issued by HHS agencies become
effective December 26, 2014 unless
different provisions are required by
statute or approved by OMB. For the
procurement standards in 45 CFR
75.326 through 75.355, non-Federal
entities may continue to comply with
the procurement standards in previous
OMB guidance (superseded by this part
as described in 45 CFR 75.104) for two
additional fiscal years after this part
goes into effect. If a non-Federal entity
chooses to use the previous
procurement standards for an additional
two fiscal years before adopting the
procurement standards in this part, the
non-Federal entity must document this
decision in their internal procurement
policies.
*
*
*
*
*
■ 159. Amend § 75.113 by adding a new
second sentence to read as follows:
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§ 75.203
Sfmt 4700
[Amended]
160. Amend § 75.203(c)(5) by
removing the last sentence.
■ 161. Amend § 75.205 by revising
paragraph (a) to read as follows:
■
§ 75.205
157. Amend § 75.104(a)(7) by adding
closing quotation marks after the word
Organizations.
■ 158. In § 75.110, revise paragraph (a)
to read as follows:
■
Mandatory disclosures.
* * * Non-Federal entities that have
received a Federal award including the
term and condition outlined in
Appendix XII are required to report
certain civil, criminal, or administrative
proceedings to SAM. * * *
[Amended]
(a) Review of OMB-designated
repositories of governmentwide data. (1)
Prior to making a Federal award, the
HHS awarding agency is required by 31
U.S.C. 3321 and 41 U.S.C. 2313 note to
review information available through
any OMB-designated repositories of
governmentwide eligibility qualification
or financial integrity information as
appropriate. See also suspension and
debarment requirements at 2 CFR parts
180 and 376.
(2) In accordance 41 U.S.C. 2313, the
HHS awarding agency is required to
review the publicly available
information in the OMB-designated
integrity and performance system
accessible through SAM (currently the
Federal Awardee Performance and
Integrity Information System (FAPIIS))
prior to making a Federal award where
the Federal share is expected to exceed
the simplified acquisition threshold,
defined in 41 U.S.C. 134, over the
period of performance. At a minimum,
the information in the system for a prior
Federal award recipient must
demonstrate a satisfactory record of
executing programs or activities under
Federal grants, cooperative agreements,
or procurement awards; and integrity
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and business ethics. The HHS awarding
agency may make a Federal award to a
recipient who does not fully meet these
standards, if it is determined that the
information is not relevant to the
current Federal award under
consideration or there are specific
conditions that can appropriately
mitigate the effects of the non-Federal
entity’s risk in accordance with
§ 75.207.
*
*
*
*
*
(c) Nothing in this section may be
construed as requiring the publication
of information otherwise exempt under
the Freedom of Information Act (5
U.S.C. 552), or controlled unclassified
information pursuant to Executive
Order 13556.
§§ 75.212 through 75.217 [Redesignated as
§§ 75.213 through 75.218]
■
166. Redesignate §§ 75.212 through
75.217 as §§ 75.213 through 75.218,
respectively.
■ 167. Add a new § 75.212 to read as
follows:
§ 75.207
§ 75.212 Reporting a determination that a
recipient is not qualified for a Federal
award.
§ 75.206
[Amended]
162. Amend § 75.206(a) by adding ‘‘,
Controlling Paperwork Burdens on the
Public’’ after ‘‘5 CFR part 1320’’.
[Amended]
163. Amend § 75.207(a)(4) by
removing ‘‘the’’ and adding in its place
‘‘an’’.
■ 164. Amend § 75.210:
■ a. In paragraph (a)(1) by removing
‘‘their’’ and adding in its place ‘‘its’’;
■ b. By adding paragraph (b)(1)(iii); and
■ c. By adding ‘‘Preparation,
Submission and Execution of the
Budget’’ after ‘‘A–11’’ in the last
sentence of paragraph (d).
The addition reads as follows:
■
§ 75.210 Information contained in a
Federal award.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) Recipient integrity and
performance matters. If the total Federal
share of the Federal award may include
more than $500,000 over the period of
performance, the HHS awarding agency
must include the term and condition
available in Appendix XII. See also
§ 75.113.
*
*
*
*
*
■ 165. In § 75.211, revise paragraph (b)
and add paragraph (c) to read as follows:
§ 75.211 Public access to Federal award
information.
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*
*
*
*
*
(b) All information posted in the
designated integrity and performance
system accessible through SAM
(currently FAPIIS) on or after April 15,
2011 will be publicly available after a
waiting period of 14 calendar days,
except for:
(1) Past performance reviews required
by Federal Government contractors in
accordance with the Federal Acquisition
Regulation (FAR) 42.15;
(2) Information that was entered prior
to April 15, 2011; or
(3) Information that is withdrawn
during the 14-calendar day waiting
period by the Federal Government
official.
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■
(a) If an HHS awarding agency does
not make a Federal award to a nonFederal entity because the official
determines that the non-Federal entity
does not meet either or both of the
minimum qualification standards as
described in § 75.205(a)(2), the HHS
awarding agency must report that
determination to the designated
integrity and performance system
accessible through SAM (currently
FAPIIS), only if all of the following
apply:
(1) The only basis for the
determination described in paragraph
(a) of this section is the non-Federal
entity’s prior record of executing
programs or activities under Federal
awards or its record of integrity and
business ethics, as described in
§ 75.205(a)(2), (i.e., the entity was
determined to be qualified based on all
factors other than those two standards),
and
(2) The total Federal share of the
Federal award that otherwise would be
made to the non-Federal entity is
expected to exceed the simplified
acquisition threshold over the period of
performance.
(b) The HHS awarding agency is not
required to report a determination that
a non-Federal entity is not qualified for
a Federal award if it makes the Federal
award to the non-Federal entity and
includes specific award terms and
conditions, as described in § 75.207.
(c) If an HHS awarding agency reports
a determination that a non-Federal
entity is not qualified for a Federal
award, as described in paragraph (a) of
this section, the HHS awarding agency
also must notify the non-Federal entity
that—
(1) The determination was made and
reported to the designated integrity and
performance system accessible through
SAM, and include with the notification
an explanation of the basis for the
determination;
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3015
(2) The information will be kept in the
system for a period of five years from
the date of the determination, as
required by section 872 of Public Law
110–417, as amended (41 U.S.C. 2313),
then archived;
(3) Each HHS awarding agency that
considers making a Federal award to the
non-Federal entity during that five year
period must consider that information
in judging whether the non-Federal
entity is qualified to receive the Federal
award when the total Federal share of
the Federal award is expected to include
an amount of Federal funding in excess
of the simplified acquisition threshold
over the period of performance;
(4) The non-Federal entity may go to
the awardee integrity and performance
portal accessible through SAM
(currently the Contractor Performance
Assessment Reporting System (CPARS))
and comment on any information the
system contains about the non-Federal
entity itself; and
(5) HHS awarding agencies will
consider that non-Federal entity’s
comments in determining whether the
non-Federal entity is qualified for the
future Federal award.
(d) If an HHS awarding agency enters
information into the designated integrity
and performance system accessible
through SAM about a determination that
a non-Federal entity is not qualified for
a Federal award and subsequently:
(1) Learns that any of that information
is erroneous, the HHS awarding agency
must correct the information in the
system within three business days;
(2) Obtains an update to that
information that could be helpful to
other Federal awarding agencies, the
HHS awarding agency is strongly
encouraged to amend the information in
the system to incorporate the update in
a timely way.
(e) HHS awarding agencies shall not
post any information that will be made
publicly available in the non-public
segment of the designated integrity and
performance system that is covered by
a disclosure exemption under the
Freedom of Information Act. If the
recipient asserts within seven calendar
days to the HHS awarding agency that
posted the information that some or all
of the information made publicly
available is covered by a disclosure
exemption under the Freedom of
Information Act, the HHS awarding
agency that posted the information must
remove the posting within seven
calendar days of receiving the assertion.
Prior to reposting the releasable
information, the HHS awarding agency
must resolve the issue in accordance
with the agency’s Freedom of
Information Act procedures.
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[Amended]
168. In newly redesignated § 75.213,
remove ‘‘and contractors’’ after
‘‘entities’’ in the first sentence.
■ 169. In § 75.305, revise the last
sentence in paragraph (b) introductory
text and revise paragraphs (b)(6)(ii) and
(b)(9) introductory text to read as
follows:
■
§ 75.305
Payment.
(b) * * * Except as noted elsewhere
in this part, HHS awarding agencies
must require recipients to use only
OMB-approved standard
governmentwide information collection
requests to request payment.
*
*
*
*
*
(6) * * *
(ii) The non-Federal entity is
delinquent in a debt to the United States
as defined in OMB Guidance A–129
‘‘Policies for Federal Credit Programs
and Non-Tax Receivables.’’
*
*
*
*
*
(9) Interest earned amounts up to
$500 per year may be retained by the
non-Federal entity for administrative
expense. Any additional interest earned
on Federal advance payments deposited
in interest-bearing accounts must be
remitted annually to the Department of
Health and Human Services Payment
Management System (PMS) through an
electronic medium using either
Automated Clearing House (ACH)
network or a Fedwire Funds Service
payment. Remittances must include
pertinent information of the payee and
nature of the payment in the memo area
(often referred to as ‘‘addenda records’’
by Financial Institutions) as that will
assist in the timely posting of interest
earned on federal funds. Pertinent
details include the Payee Account
Number (PAN) if the payment
originated from PMS, or Agency
information, if the payment originated
from ASAP, NSF or another federal
agency payment system. The remittance
must be submitted as follows:
*
*
*
*
*
§ 75.306
[Amended]
170. Amend § 75.306(c) by adding
‘‘only with prior approval of the HHS
awarding agency’’ at the end of the first
sentence.
■
§ 75.307
[Amended]
171. Amend § 75.307(e) by removing
‘‘75.215’’ and adding in its place
‘‘75.216’’.
■ 172. In § 75.308, revise paragraph (c)
to read as follows:
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■
§ 75.308
plans.
*
*
Revision of budget and program
*
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(c)(1) For non-construction Federal
awards, recipients must request prior
approvals from HHS awarding agencies
for one or more of the following
program or budget-related reasons:
(i) Change in the scope or the
objective of the project or program (even
if there is no associated budget revision
requiring prior written approval).
(ii) Change in a key person specified
in the application or the Federal award.
(iii) The disengagement from the
project for more than three months, or
a 25 percent reduction in time devoted
to the project, by the approved project
director or principal investigator.
(iv) The inclusion, unless waived by
the HHS awarding agency, of costs that
require prior approval in accordance
with subpart E of this part, or Appendix
IX of this part, or 48 CFR part 31, as
applicable.
(v) The transfer of funds budgeted for
participant support costs as defined in
§ 75.2 to other categories of expense.
(vi) Unless described in the
application and funded in the approved
Federal awards, the subawarding,
transferring or contracting out of any
work under a Federal award, including
fixed amount subawards as described in
§ 75.353. This provision does not apply
to the acquisition of supplies, material,
equipment or general support services.
(vii) Changes in the approved costsharing or matching provided by the
non-Federal entity.
(viii) The need arises for additional
Federal funds to complete the project.
(ix) The inclusion of research patient
care costs in research awards made for
the performance of research work.
(x) The provision of subawards by a
pass-through entity on fixed amounts up
to the Simplified Acquisition
Threshold, provided that the subawards
meet the requirements for fixed amount
awards in § 75.201. See § 75.353.
(xi) The recipient wishes to dispose
of, replace, or encumber title to real
property, equipment, or intangible
property that are acquired or improved
with a Federal award. See §§ 75.318,
75.320, 75.322, and 75.323.
(2) No other prior approval
requirements for specific items may be
imposed unless an exception has been
approved by OMB. See also §§ 75.102
and 75.407.
*
*
*
*
*
§ 75.322
[Amended]
173. Amend § 75.322(d)(2) by adding
‘‘for Federal purposes’’ at the end.
■
§ 75.327
[Amended]
174. Amend § 75.327(h) by removing
the third sentence and the parenthetical
reference and adding a new last
sentence.
■
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The addition reads as follows:
§ 75.327
General procurement standards.
*
*
*
*
*
(h) * * * See also § 75.213.
*
*
*
*
*
§ 75.329
[Amended]
175. In § 75.329, paragraph (c)(2)(i)
and (iii), remove ‘‘state’’ and remove
‘‘publically’’ and add in its place
‘‘publicly’’.
■
176. In § 75.351, revise the last
sentence of paragraph (b) introductory
text to read as follows:
■
§ 75.351 Subrecipient and contractor
determinations.
*
*
*
*
*
(b) * * * Characteristics indicative of
a procurement relationship between the
non-Federal entity and a contractor are
when the contractor:
*
*
*
*
*
■ 177. In § 75.352, revise paragraphs
(a)(1)(i), (iv), (vi), (vii), (viii), and (x) and
(a)(2) and (4) to read as follows:
§ 75.352
entities.
Requirement for pass-through
*
*
*
*
*
(a) * * *
(1) * * *
(i) Subrecipient name (which must
match the name associated with its
unique entity identifier;
*
*
*
*
*
(iv) Federal Award Date (see § 75.2
Federal award date) of award to the
recipient by the HHS awarding agency;
*
*
*
*
*
(vi) Amount of Federal Funds
Obligated by this action by the passthrough entity to the subrecipient;
(vii) Total Amount of Federal Funds
Obligated to the subrecipient by the
pass-through entity including the
current obligation;
(viii) Total Amount of the Federal
Award committed to the subrecipient by
the pass-through entity;
*
*
*
*
*
(x) Name of HHS awarding agency,
pass-through entity, and contract
information for awarding official of the
pass-through entity;
*
*
*
*
*
(2) All requirements imposed by the
pass-through entity on the subrecipient
so that the Federal award is used in
accordance with Federal statutes,
regulations and the terms and
conditions of the Federal award;
*
*
*
*
*
(4) An approved federally recognized
indirect cost rate negotiated between the
subrecipient and the Federal
Government or, if no such rate exists,
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either a rate negotiated between the
pass-through entity and the subrecipient
(in compliance with this part), or a de
minimis indirect cost rate as defined in
§ 75.414(f);
*
*
*
*
*
■ 178. Revise § 75.363 to read as
follows:
§ 75.363 Methods for collection,
transmission and storage of information.
In accordance with the May 2013
Executive Order on Making Open and
Machine readable the New Default for
Government Information, the HHS
awarding agency and the non-Federal
entity should, whenever practicable,
collect, transmit, and store Federal
award-related information in open and
machine readable formats rather than in
closed formats or on paper.
■ 179. In § 75.372, revise paragraphs
(a)(1) and (b) and add paragraph (c) to
read as follows:
§ 75.372
Termination.
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*
*
*
*
*
(a) * * *
(1) By the HHS awarding agency or
pass-through entity, if the non-Federal
entity fails to comply with the terms
and conditions of the award;
*
*
*
*
*
(b) When an HHS awarding agency
terminates a Federal award prior to the
end of the period of performance due to
the non-Federal entity’s material failure
to comply with the Federal award terms
and conditions, the HHS awarding
agency must report the termination to
the OMB-designated integrity and
performance system accessible through
SAM (currently FAPIIS).
(1) The information required under
this paragraph (b) is not to be reported
to the designated integrity and
performance system until after the nonFederal entity either—
(i) Has exhausted its opportunities to
object or challenge the decision, see
§ 75.374; or
(ii) Has not, within 30 calendar days
after being notified of the termination,
informed the HHS awarding agency that
it intends to appeal the HHS awarding
agency’s decision to terminate.
(2) If an HHS awarding agency, after
entering information into the designated
integrity and performance system about
a termination, subsequently:
(i) Learns that any of the information
is erroneous, the HHS awarding agency
must correct the information in the
system within three business days;
(ii) Obtains an update to that
information that could be helpful to
other Federal awarding agencies, the
HHS awarding agency is strongly
encouraged to amend the information in
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the system to incorporate the update in
a timely way;
(3) HHS awarding agencies shall not
post any information that will be made
publicly available in the non-public
segment of the designated integrity and
performance system that is covered by
a disclosure exemption under the
Freedom of Information Act. If the nonFederal entity asserts within seven
calendar days to the HHS awarding
agency who posted the information, that
some of the information made publicly
available is covered by a disclosure
exemption under the Freedom of
Information Act, the HHS awarding
agency who posted the information
must remove the posting within seven
calendar days of receiving the assertion.
Prior to reposting the releasable
information, the HHS agency must
resolve the issue in accordance with the
agency’s Freedom of Information Act
procedures.
(c) When a Federal award is
terminated or partially terminated, both
the HHS awarding agency or passthrough agency and the non-Federal
entity remain responsible for
compliance with the requirements of
§§ 75.381 through 75.390.
■ 180. In § 75.373, revise paragraph (b)
to read as follows:
§ 75.373 Notification of termination
requirement.
*
*
*
*
*
(b) If the Federal award is terminated
for the non-Federal entity’s material
failure to comply with the Federal
statutes, regulations, or terms and
conditions of the Federal award, the
notification must state that—
(1) The termination decision will be
reported to the OMB-designated
integrity and performance system
accessible through SAM (currently
FAPIIS);
(2) The information will be available
in the OMB-designated integrity and
performance system for a period of five
years from the date of the termination,
then archived;
(3) HHS awarding agencies that
consider making a Federal award to the
non-Federal entity during that five year
period must consider that information
in judging whether the non-Federal
entity is qualified to receive the Federal
award, when the Federal share of the
Federal award is expected to exceed the
simplified acquisition threshold over
the period of performance;
(4) The non-Federal entity may
comment on any information the OMBdesignated integrity and performance
system contains about the non-Federal
entity for future consideration by HHS
awarding agencies. The non-Federal
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3017
entity may submit comments to the
awardee integrity and performance
portal accessible through SAM
(currently CPARS).
(5) Federal awarding agencies will
consider non-Federal entity comments
when determining whether the nonFederal entity is qualified for a future
Federal award.
*
*
*
*
*
§ 75.409
[Amended]
181. Amend § 75.409 introductory text
by removing ‘‘subpart, certain sections
in this subpart’’ and adding in its place
‘‘subtitle, other subtitles in this part’’.
■ 182. In § 75.414, revise paragraph
(e)(3) to read as follows:
■
§ 75.414
Indirect (F&A) costs.
*
*
*
*
*
(e) * * *
(3) Appendix V to Part 75—State/
Local Governmentwide Central Service
Cost Allocation Plans;
*
*
*
*
*
§ 75.419
[Amended]
183. In § 75.419, amend paragraph (b)
introductory text by removing ‘‘its’’ and
adding in its place ‘‘their’’ before ‘‘cost
accounting practices’’.
■ 184. In § 75.431, amend paragraph
(h)(3) by removing ‘‘Federal
Government’s’’ and adding in its place
‘‘non-Federal entity’’ and revise
paragraphs (i)(1) and (j).
The revisions read as follows:
■
§ 75.431
Compensation—fringe benefits.
*
*
*
*
*
(i) Severance pay. (1) Severance pay,
also commonly referred to as dismissal
wages, is a payment in addition to
regular salaries and wages, by nonFederal entities to workers whose
employment is being terminated. Costs
of severance pay are allowable only to
the extent that in each case, it is
required by:
(i) Law;
(ii) Employer-employee agreement;
(iii) Established policy that
constitutes, in effect, an implied
agreement on the non-Federal entity’s
part; or
(iv) Circumstances of the particular
employment.
*
*
*
*
*
(j) For IHEs only. (1) Fringe benefits in
the form of undergraduate and graduate
tuition or remission of tuition for
individual employees are allowable,
provided such benefits are granted in
accordance with established non-federal
entity policies, and are distributed to all
non-Federal entity activities on an
equitable basis. Tuition benefits for
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family members other than the
employee are unallowable.
(2) Fringe benefits in the form of
tuition or remission of tuition for
individual employees not employed by
IHEs are limited to the tax-free amount
allowed per section 127 of the Internal
Revenue Code as amended.
(3) IHEs may offer employees tuition
waivers or tuition reductions, provided
that the benefit does not discriminate in
favor of highly compensated employees.
Employees can exercise these benefits at
other institutions according to
institutional policy. See § 75.466 for
treatment of tuition remission provided
to students.
*
*
*
*
*
■ 185. Amend § 75.439, by adding
paragraph (b)(7) to read as follows:
§ 75.439 Equipment and other capital
expenditures.
*
*
*
*
*
(b) * * *
(7) Equipment and other capital
expenditures are unallowable as
indirect costs. See § 75.436.
§ 75.448
[Amended]
186. Amend § 75.448(b)(3) by
removing ‘‘there’’ and adding in its
place ‘‘thereto’’.
■
§ 75.449
[Amended]
188. Amend § 75.450(c)(2)(iv) by
removing ‘‘IRC secs.’’ and adding in its
place ‘‘I.R.C. sections’’.
■ 189. Revise § 75.456 to read as
follows:
■
Participant support costs.
Participant support costs as defined in
§ 75.2 are allowable with the prior
approval of the HHS awarding agency.
§ 75.459
[Amended]
190. In § 75.459, amend the section
heading by removing ‘‘services’’ and
adding in its place ‘‘service’’.
■ 191. In § 75.461, add paragraph (b)(3)
to read as follows:
■
§ 75.461
Publication and printing costs.
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*
*
*
*
*
(b) * * *
(3) The non-Federal entity may charge
the Federal award before closeout for
the costs of publication or sharing of
research results if the costs are not
incurred during the period of
performance of the Federal award.
*
*
*
*
*
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[Amended]
193. Amend § 75.474(d) by adding
‘‘(‘‘Travel and Subsistence Expenses:
Mileage Allowance’’)’’ after ‘‘5 U.S.C.
5701–11’’.
■
§ 75.501
[Amended]
194. Amend § 75.501(k) by removing
‘‘§ 75.215’’ and adding in its place
‘‘§ 75.216’’.
■
§ 75.515
[Amended]
195. Amend § 75.515(b) by removing
‘‘or’’ and adding in its place ‘‘and’’
before ‘‘award agreements’’ in the first
sentence.
■ 196. In Appendix I to Part 75:
■ a. In section E:
■ i. Redesignate paragraph 3 as
paragraph 4 and revise it; and
■ ii. Add a new paragraph 3;
■ b. In section F, revise paragraph 3.
The addition and revisions read as
follows:
■
*
[Amended]
187. In § 75.449, amend paragraph
(b)(1) by removing ‘‘are defined in’’ and
adding in its place ‘‘is defined as noted
in’’, and in paragraph (e) by removing
‘‘September 23’’ and adding in its place
‘‘July 1’’.
§ 75.456
[Amended]
192. Amend § 75.465(c) introductory
text by removing the parentheses
around ‘‘as explained in paragraph (b) of
this section’’.
■
Appendix I to Part 75—Full Text of
Notice of Funding Opportunity
■
§ 75.450
§ 75.465
*
*
*
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*
*
*
*
*
197. Amend Appendix III to Part 75 as
follows:
■ a. Add ‘‘(IHEs)’’ at the end of the
appendix heading;
■ b. Redesignate paragraph A.1.b.(3) as
paragraph A.1.a.(3);
■ c. In section C, by adding ‘‘ ‘‘Equal
Employment Opportunity (30 FR 12319,
12935, 3 CFR 1964–1965 Comp., p.
339)’’ after ‘‘Executive Order 11246’’;
and adding ‘‘ ‘‘Amending Executive
Order 11246 Relating to Equal
Employment Opportunity,’’ ’’ after
‘‘Executive Order 11375’’; and
■ d. In Section C.7, redesignate first
paragraph as ‘‘a.’’ and revise the first
sentence.
The revision reads as follows:
■
E. * * *
3. For any Federal award under a notice of
funding opportunity, if the HHS awarding
agency anticipates that the total Federal share
will be greater than the simplified acquisition
threshold on any Federal award under a
notice of funding opportunity may include,
over the period of performance (see § 75.2
Simplified Acquisition Threshold), this
section must also inform applicants:
i. That the HHS awarding agency, prior to
making a Federal award with a total amount
of Federal share greater than the simplified
acquisition threshold, is required to review
and consider any information about the
applicant that is in the designated integrity
and performance system accessible through
SAM (currently FAPIIS) (see 41 U.S.C. 2313);
ii. That an applicant, at its option, may
review information in the designated
integrity and performance systems accessible
through SAM and comment on any
information about itself that the HHS
awarding agency previously entered and is
currently in the designated integrity and
performance system accessible through SAM;
iii. That the HHS awarding agency will
consider any comments by the applicant, in
addition to the other information in the
designated integrity and performance system,
in making a judgment about the applicant’s
integrity, business ethics, and record of
performance under Federal awards when
completing the review of risk posed by
applicants as described in § 75.205.
4. Anticipated Announcement and Federal
Award Dates—Optional. This section is
intended to provide applicants with
information they can use for planning
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purposes. If there is a single application
deadline followed by the simultaneous
review of all applications, the HHS awarding
agency can include in this section
information about the anticipated dates for
announcing or notifying successful and
unsuccessful applicants and for having
Federal awards in place. If applications are
received and evaluated on a ‘‘rolling’’ basis
at different times during an extended period,
it may be appropriate to give applicants an
estimate of the time needed to process an
application and notify the applicant of the
HHS awarding agency’s decision.
F. * * *
3. Reporting—Required. This section must
include general information about the type
(e.g., financial or performance), frequency,
and means of submission (paper or
electronic) of post-Federal award reporting
requirements. Highlight any special reporting
requirements for Federal awards under this
funding opportunity that differ (e.g., by
report type, frequency, form/format, or
circumstances for use) from what the HHS
awarding agency’s Federal awards usually
require. HHS agencies must also describe in
this section all relevant requirements such as
those at 2 CFR 180.335 and 2 CFR 180.350.
If the Federal share of any Federal award may
include more than $500,000 over the period
of performance, this section must inform
potential applicants about the post award
reporting requirements in Appendix XII.
Appendix III to Part 75—Indirect (F&A)
Costs, Identification and Assignment,
and Rate Determination for Institutions
of Higher Education (IHEs)
*
*
*
*
*
C. * * *
7. a. Except as provided in paragraph (c)(1)
of § 75.414, HHS agencies must use the
negotiated rates in effect at the time of the
initial award throughout the life of the
Federal award. * * *
*
*
*
*
*
198. Amend Appendix IV to Part 75
as follows:
■ a. In Section A., designate the second
paragraph as Section A.2. and revise it;
■ b. In Section B.2.c, remove ‘‘contracts
or’’ and add in its place ‘‘as’’;
■
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c. In Section B.2.e. amend the first
sentence by removing ‘‘Federal Funding
of direct costs’’ and add in its place
‘‘direct Federal funding’’ and remove
‘‘section A.3. of this Appendix’’ and add
in its place ‘‘§ 75.414(a)’’;
■ d. In Section B.3.g. amend the last
sentence by removing ‘‘section A.3 of
this Appendix’’ and adding in its place
‘‘§ 75.414(a)’’;
■ e. In Section C.2.b. amend the first
sentence by removing ‘‘(e)’’ and add in
its place ‘‘(f)’’;
■ f. In Section C.2.c. amend the first
sentence by removing ‘‘(f)’’ and add in
its place ‘‘(g)’’;
■ g. In Section D.1. amend the first
sentence by removing ‘‘subsection b’’
and add, in its place with ‘‘subsection
2’’; and
■ h. In Section D.2. introductory text,
remove the subject heading‘‘Certificate.’’
The revision reads as follows:
■
Appendix IV to Part 75—Indirect (F&A)
Costs Identification and Assignment,
and Rate Determination for Nonprofit
Organizations
*
*
*
*
*
2. ‘‘Major nonprofit organizations’’ are
defined in § 75.414(a). See indirect cost rate
reporting requirements in sections B.2.e and
B.3.g. of this appendix
*
*
*
*
*
199. Amend Appendix V to Part 75 as
follows:
■ a. In Section A.2. by adding ‘‘or at
their Web site at’’ after ‘‘Cost Allocation
Services’’; and
■ b. Revise Section E.2.
The revision reads as follows:
■
Appendix V to Part 75—State/Local
Governmentwide Central Service Cost
Allocation Plans
*
*
*
*
*
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2. Allocated Central Services. For each
allocated central service*, the plan must also
include the following: a brief description of
the service, an identification of the unit
rendering the service and the operating
agencies receiving the service, the items of
expense included in the cost of the service,
the method used to distribute the cost of the
service to benefitted agencies, and a
summary schedule showing the allocation of
each service to the specific benefitted
agencies. If any self-insurance funds or fringe
benefits costs are treated as allocated (rather
than billed) central services, documentation
discussed in subsections 3.b. and c. must also
be included.
*
*
*
*
*
Appendix VII to Part 75—[Amended]
200. Amend Appendix VII to Part 75,
Section A.3. by adding ‘‘or at their Web
site’’ after ‘‘Cost Allocation Services’’ in
the last sentence.
■
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Appendix VIII to Part 75—[Amended]
■ 201. Amend Appendix VIII by
designating each of the listed
organizations as numbers 1 through 33.
Appendix X to Part 75—[Amended]
■ 202. Amend Appendix X by removing
‘‘https://harvester.census.gov/facweb/
Default.aspx’’.
Appendix XI to Part 75—[Amended]
■ 203. Amend Appendix XI by adding
‘‘e.g., for 2013 here:’’ in the parentheses
before http’’.
■ 204. Add Appendix XII to Part 75 to
read as follows:
Appendix XII—Award Term and
Conditions for Recipient Integrity and
Performance Matters
A. Reporting of Matters Related to Recipient
Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active
grants, cooperative agreements, and
procurement contracts from all Federal
awarding agencies exceeds $10,000,000 for
any period of time during the period of
performance of this Federal award, then you
as the recipient during that period of time
must maintain the currency of information
reported to the System for Award
Management (SAM) that is made available in
the designated integrity and performance
system (currently the Federal Awardee
Performance and Integrity Information
System (FAPIIS)) about civil, criminal, or
administrative proceedings described in
paragraph 2 of this award term and
condition. This is a statutory requirement
under section 872 of Public Law 110–417, as
amended (41 U.S.C. 2313). As required by
section 3010 of Public Law 111–212, all
information posted in the designated
integrity and performance system on or after
April 15, 2011, except past performance
reviews required for Federal procurement
contracts, will be publicly available.
2. Proceedings About Which You Must
Report
Submit the information required about
each proceeding that:
a. Is in connection with the award or
performance of a grant, cooperative
agreement, or procurement contract from the
Federal Government;
b. Reached its final disposition during the
most recent five year period; and
c. If one of the following:
(1) A criminal proceeding that resulted in
a conviction, as defined in paragraph 5 of
this award term and condition;
(2) A civil proceeding that resulted in a
finding of fault and liability and payment of
a monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as
defined in paragraph 5 of this award term
and condition, that resulted in a finding of
fault and liability and your payment of either
a monetary fine or penalty of $5,000 or more
or reimbursement, restitution, or damages in
excess of $100,000; or
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(4) Any other criminal, civil, or
administrative proceeding if:
(i) It could have led to an outcome
described in paragraph 2.c.(1), (2), or (3) of
this award term and condition;
(ii) It had a different disposition arrived at
by consent or compromise with an
acknowledgement of fault on your part; and
(iii) The requirement in this award term
and condition to disclose information about
the proceeding does not conflict with
applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area
the information that SAM requires about
each proceeding described in paragraph 2 of
this award term and condition. You do not
need to submit the information a second time
under assistance awards that you received if
you already provided the information
through SAM because you were required to
do so under Federal procurement contracts
that you were awarded.
4. Reporting Frequency
During any period of time when you are
subject to this requirement in paragraph 1 of
this award term and condition, you must
report proceedings information through SAM
for the most recent five year period, either to
report new information about any
proceeding(s) that you have not reported
previously or affirm that there is no new
information to report. Recipients that have
Federal contract, grant, and cooperative
agreement awards with a cumulative total
value greater than $10,000,000 must disclose
semiannually any information about the
criminal, civil, and administrative
proceedings.
5. Definitions
For purposes of this award term and
condition:
a. Administrative proceeding means a nonjudicial process that is adjudicatory in nature
in order to make a determination of fault or
liability (e.g., Securities and Exchange
Commission Administrative proceedings,
Civilian Board of Contract Appeals
proceedings, and Armed Services Board of
Contract Appeals proceedings). This includes
proceedings at the Federal and State level but
only in connection with performance of a
Federal contract or grant. It does not include
audits, site visits, corrective plans, or
inspection of deliverables.
b. Conviction, for purposes of this award
term and condition, means a judgment or
conviction of a criminal offense by any court
of competent jurisdiction, whether entered
upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo
contendere.
c. Total value of currently active grants,
cooperative agreements, and procurement
contracts includes—
(1) Only the Federal share of the funding
under any Federal award with a recipient
cost share or match; and
(2) The value of all expected funding
increments under a Federal award and
options, even if not yet exercised
B. [Reserved]
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
PART 87—EQUAL TREATMENT FOR
FAITH-BASED ORGANIZATIONS
205. The authority citation for part 87
continues to read as follows:
■
Authority: 5 U.S.C. 301.
§ 87.1
[Amended]
206. Amend § 87.1(b) in the last
sentence by removing ‘‘45 CFR parts 74,
92, and 96’’ and adding in its place ‘‘45
CFR parts 75 and 96’’.
■
§ 87.2
[Amended]
207. Amend § 87.2(b) in the last
sentence by removing ‘‘45 CFR parts 74,
92, and 96’’ and adding in its place ‘‘45
CFR parts 75 and 96’’.
■
PART 95—GENERAL
ADMINISTRATION—GRANT
PROGRAMS (PUBLIC ASSISTANCE,
MEDICAL ASSISTANCE AND STATE
CHILDREN’S HEALTH INSURANCE
PROGRAMS)
216. The authority citation for part
261 continues to read as follows:
Authority: 5 U.S.C. 301, 42 U.S.C. 622(b),
629b(a), 652(a), 652(d), 654A, 671(a), 1302,
and 1396a(a).
[Amended]
209. Amend § 95.613(a) in the first
sentence by removing ‘‘part 92’’ and
adding in its place ‘‘part 75’’ and in the
second sentence by removing
‘‘§ 92.36(c)’’ and adding in its place
‘‘§ 75.328’’.
■
§ 95.621
[Amended]
212. Amend § 95.707(a) by removing
‘‘§ 92.32, Equipment’’ and adding in its
place ‘‘§ 75.320’’.
■
PART 98—CHILD CARE AND
DEVELOPMENT FUND
Authority: 42 U.S.C. 618, 9858.
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214. Amend § 98.60(d)(4)(ii) by
removing ‘‘45 CFR 92.3, Obligations and
Outlays (expenditures)’’ and adding in
its place ‘‘45 CFR 75.2’’.
[Amended]
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[Amended]
225. Amend § 265.7 in paragraph
(d)(4) by removing ‘‘§ 92.20(a) of this
title’’ and adding in its place
‘‘§ 75.302(a) of this title’’ and in
paragraph (f) by removing ‘‘§ 92.42 of
this title’’ and adding in its place
‘‘§§ 75.361 through 75.370 of this title’’.
■
PART 286—TRIBAL TANF
PROVISIONS
Authority: 42 U.S.C. 601, 604, and 612;
Public Law 111–5.
§ 286.30
[Amended]
227. Amend § 286.30 in paragraph (c)
by removing ‘‘45 CFR part 92’’ and
adding in its place ‘‘45 CFR part 75’’
and in paragraph (f)(2) by removing ‘‘45
CFR part 92 and OMB Circulars
A–87 and A–133’’ and adding in its
place ‘‘45 CFR part 75’’.
■
§ 286.45
[Amended]
Authority: 31 U.S.C. 7501 et seq.; 42 U.S.C.
606, 609, and 610; Pub. L. 109–171.
219. Amend § 262.3 in paragraph (a)
by removing ‘‘OMB Circular A–133’’
and adding in its place ‘‘45 CFR part 75,
subpart F’’ and in paragraph (f) by
removing ‘‘§ 92.42 of this title’’ and
adding in its place ‘‘45 CFR 75.361
through 75.370’’.
§ 286.200
§ 286.205
218. The authority citation for part
262 continues to read as follows:
■
220. The authority citation for part
263 continues to read as follows:
■
Authority: 42 U.S.C. 604, 607, 609, and
862a; Pub. L. 109–171.
[Amended]
221. Amend § 263.2(e)(1) by removing
‘‘45 CFR 92.3 and 92.24’’ and adding in
its place ‘‘45 CFR 75.2 and 75.306’’.
[Amended]
222. Amend § 263.11(b) by removing
‘‘the provisions of part 92 of this title,
or OMB Circular A–87’’ and adding in
its place ‘‘or part 75 of this title’’.
■ 223. Amend § 263.14 by removing
‘‘OMB Circular A–87 (2 CFR part 225)’’
and adding in its place ‘‘subpart E of
part 75 of this title’’.
■
215. Amend § 98.84:
§ 265.7
228. Amend § 286.45 in paragraph (c)
by removing ‘‘OMB Circular A–87’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’ and in paragraph (d) by
removing ‘‘OMB Circular A–133 and in
45 CFR part 92’’ and adding in its place
‘‘45 CFR part 75’’.
§ 263.11
[Amended]
■
■
PART 262—ACCOUNTABILITY
PROVISIONS—GENERAL
■
213. The authority citation for part 98
continues to read as follows:
§ 98.84
217. Amend § 261.64(c) by removing
‘‘the single audit under OMB Circular
A–133’’ and adding in its place ‘‘45 CFR
part 75, subpart F’’.
■
§ 263.2
■
§ 98.60
Authority: 42 U.S.C. 603, 605, 607, 609,
611, and 613; Pub. L. 109–171.
PART 263—EXPENDITURES OF STATE
AND FEDERAL TANF FUNDS
[Amended]
211. Amend § 95.705(a) in the last
sentence by removing ‘‘part 92’’ and
adding in its place ‘‘part 75’’.
■
§ 95.707
Authority: 42 U.S.C. 601, 602, 607, and
609; P.L. 109–171.
■
[Amended]
210. Amend § 95.621(d) by removing
‘‘part 92’’ and adding in its place ‘‘part
75’’.
■
§ 95.705
224. The authority citation for part
265 continues to read as follows:
■
226. The authority citation for part
286 continues to read as follows:
■
208. The authority citation for part 95
continues to read as follows:
PART 265—DATA COLLECTION AND
REPORTING REQUIREMENTS
■
PART 261—ENSURING THAT
RECIPIENTS WORK
■
§ 95.613
a. In paragraph (d)(1) by removing ‘‘45
CFR 92.31’’ and adding in its place ‘‘45
CFR 75.318’’;
■ b. In paragraph (d)(2) by removing ‘‘45
CFR 92.31(c)’’ and adding in its place 45
CFR 75.318(c)’’;
■ c. In paragraph (d)(3) by removing ‘‘45
CFR 92.31(a)’’ and adding in its place 45
CFR 75.318(a)’’;
■ d. in paragraph (d)(4) by removing ‘‘45
CFR 92.22’’ and adding in its place ‘‘45
CFR part 75, subpart E’’;
■ e. In paragraph (d)(5) by removing ‘‘45
CFR 92.25’’ and adding in its place ‘‘45
CFR 75.307’’; and
■ f. In paragraph (d)(6) by removing ‘‘45
CFR 92.36’’ and adding in its place ‘‘45
CFR 75.326 through 75.340’’.
■
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■
[Amended]
229. Amend § 286.200(b) by removing
‘‘45 CFR part 92, OMB Circulars A–87
and A–133’’ and adding in its place ‘‘45
CFR part 75’’.
■
[Amended]
230. Amend § 286.205 in paragraph
(b)(3)(iv) by removing ‘‘45 CFR part 92
and all relevant OMB circulars’’ and
adding in its place ‘‘45 CFR part 75’’
and in paragraph (c) by removing ‘‘45
CFR part 92 and all relevant OMB
circulars’’ and adding in its place ‘‘45
CFR part 75’’.
■
§ 286.270
[Amended]
231. Amend § 286.270(b) by removing
‘‘45 CFR part 92, OMB Circulars A–87
and A–133’’ and adding in its place ‘‘45
CFR part 75’’.
■
PART 287—THE NATIVE
EMPLOYMENT WORKS (NEW)
PROGRAM
232. The authority citation for part
287 continues to read as follows:
■
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Authority: 42 U.S.C. 612.
3021
[Amended]
233. Amend § 287.60 in paragraph (a)
by removing ‘‘45 CFR 92.41’’ and adding
in its place 45 CFR 75.341’’ and in
paragraph (b) by removing 45 CFR
92.26’’ and adding in its place ‘‘45 CFR
part 75, subpart F’’.
■
PART 301—STATE PLAN APPROVAL
AND GRANT PROCEDURES
234. The authority citation for part
301 continues to read as follows:
■
Authority: 42 U.S.C. 651 through 658,
659a, 660, 664, 666, 667, 1301, and 1302.
§ 301.15
[Amended]
*
*
*
*
*
(e) General administrative
requirements. With the following
exceptions, the provisions of part 75 of
this title, establishing uniform
administrative requirements and cost
principles, shall apply to all grants
made to States under this part:
45 CFR Part 75
Cost sharing or
45 CFR 75.341
*
■
Authority: 42 U.S.C. 651 through 655, 657,
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o),
1396b(p), and 1396(k).
Authority: Section 412(a)(9), Immigration
and Nationality Act (8 U.S.C. 1522(a)(9)).
§ 400.11
*
*
242. Amend § 304.10 by removing
‘‘part 74 of this title (with the exception
of 45 CFR 74.23, Cost Sharing or
Matching and 45 CFR 74.52, Financial
Reporting)’’ and adding in its place
‘‘part 75 of this title (with the exception
of 45 CFR 75.306 and 75.341)’’.
§ 304.25
*
[Amended]
246. Amend § 309.85(b) by removing
‘‘45 CFR 74.53’’ and adding in its place
‘‘45 CFR 75.361 through 75.370’’.
§ 309.130
[Amended]
237. Amend § 302.14 by removing ‘‘45
CFR part 74’’ and adding in its place
‘‘45 CFR part 75’’.
[Amended]
238. Amend § 302.15(a)(7) by
removing ‘‘45 CFR part 74’’ and adding
in its place ‘‘45 CFR part 75’’.
■
PART 303—STANDARDS FOR
PROGRAM OPERATIONS
[Amended]
247. Amend § 309.130 in paragraph
(d)(3) by removing ‘‘45 CFR 74.23’’ and
adding in its place ‘‘45 CFR 75.306’’ and
in paragraph (h) by removing ‘‘part 74’’
and adding in its place ‘‘part 75’’.
■
[Amended]
248. Amend § 309.145 in paragraph
(a)(3) introductory text by removing ‘‘45
CFR part 74’’ and adding in its place
‘‘45 CFR part 75’’ and in paragraph (o)
introductory text by removing ‘‘OMB
Circular A–87’’ and adding in its place
‘‘45 CFR part 75, subpart E’’.
■
§ 309.150
[Amended]
249. Amend § 309.150(d) by removing
‘‘OMB Circular A–87’’ and adding in its
place ‘‘45 CFR part 75, subpart E’’.
■
Authority: 42 U.S.C. 651 through 658,
659a, 660, 663, 664, 666, 667, 1302,
1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p)
and 1396(k).
§ 309.160
§ 303.11
[Amended]
240. Amend § 303.11(d) by removing
‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’.
■
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[Amended]
253. Amend § 400.28 in paragraph (a)
introductory text by removing ‘‘part 74,
Subpart D of this title’’ and adding in its
place ‘‘45 CFR 75.361 through 75.370’’.
■
PART 1000—INDIVIDUAL
DEVELOPMENT ACCOUNT RESERVE
FUNDS ESTABLISHED PURSUANT TO
GRANTS FOR ASSETS FOR
INDEPENDENCE
254. The authority citation for part
1000 continues to read as follows:
Authority: 42 U.S.C. 604 nt.
[Amended]
255. Amend § 1000.3 in paragraph (a)
by removing ‘‘45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75’’
and in paragraph (b) by removing ‘‘45
CFR part 92’’ and adding in its place
‘‘45 CFR part 75’’.
■
PART 1301—HEAD START GRANTS
ADMINISTRATION
256. The authority citation for part
1301 continues to read as follows:
■
Authority: 42 U.S.C. 9801 et seq.
§ 1301.10
[Amended]
257. Amend § 1301.10:
a. In paragraph (a) by removing ‘‘45
CFR part 74 Administration of grants’’
and ‘‘45 CFR part 75 Informal grant
appeals procedures (indirect cost rates
and other cost allocations)’’ and adding
in alphanumeric order ‘‘45 CFR part 75
Uniform Administrative Requirements,
Cost Principles and Audit Requirements
for HHS Awards’’; and
■ b. In paragraph (b):
■ i. In the introductory text by removing
‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’;
■ ii. In paragraph (b)(1), by removing
‘‘§ 74.15 of part 74’’ and adding in its
place ‘‘§ 75.334 of part 75’’; and
■ iii. In paragraph (b)(2) by removing
‘‘§ 74.61 of part 74’’ and adding in its
place ‘‘subpart F of part 75’’.
■
§ 309.145
■
239. The authority citation for part
303 continues to read as follows:
§ 400.28
§ 1000.3
■
■
252. Amend § 400.11(c) by removing
‘‘§ 74.73(a)’’ and adding in its place
‘‘§ 75.341’’.
■
PART 309—TRIBAL CHILD SUPPORT
ENFORCEMENT (IV–D) PROGRAM
§ 309.85
Authority: 42 U.S.C. 651 through 658,
659a, 660, 664, 666, 667, 1302, 1396a(a)(25),
1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
[Amended]
■
Authority: 42 U.S.C. 655(f), 1302.
236. The authority citation for part
302 continues to read as follows:
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[Amended]
251. The authority citation for part
400 continues to read as follows:
244. Amend § 304.25(a) in the first
sentence by removing ‘‘part 74 of this
title’’ and adding in its place ‘‘part 75
of this title’’.
■
245. The authority citation for part
309 continues to read as follows:
■
§ 302.15
[Amended]
243. Amend § 304.20(b)(1)(iii) by
removing ‘‘45 CFR 74.40 et seq.’’ and
adding in its place ‘‘45 CFR 75.326
through 75.340’’.
■
PART 302—STATE PLAN
REQUIREMENTS
§ 302.14
[Amended]
■
Financial reporting.
*
241. The authority citation for part
304 continues to read as follows:
■
Grants.
45 CFR 75.306
matching.
■
§ 304.20
235. Amend § 301.15 by revising
paragraph (e) to read as follows:
■
§ 301.15
PART 400—REFUGEE
RESETTLEMENT PROGRAM
§ 304.10
§ 287.60
PART 304—FEDERAL FINANCIAL
PARTICIPATION
[Amended]
250. Amend § 309.160 by removing
‘‘OMB Circular A–133,‘Audits of States,
Local Governments, and Non-Profit
Organizations’ and 45 CFR part 74’ ’’
and adding in its place ‘‘45 CFR part
75’’.
■
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Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
Authority: 42 U.S.C. 3001 et seq.; title III
of the Older Americans Act, as amended.
PART 1304—PROGRAM
PERFORMANCE STANDARDS FOR
THE OPERATION OF HEAD START
PROGRAMS BY GRANTEE AND
DELEGATE AGENCIES
270. Amend § 1321.5 by revising
paragraph (b) and removing and
reserving paragraph (g).
The revision reads as follows:
■
258. The authority citation for part
1304 continues to read as follows:
■
§ 1321.5
Authority: 42 U.S.C. 9801 et seq.
§ 1304.60
[Amended]
259. Amend § 1304.60(f) by removing
‘‘45 CFR part 74 or part 92’’ and adding
in its place ‘‘45 CFR part 75’’, and
removing ‘‘45 CFR 74.61(a)(1), 45 CFR
74.62 and 45 CFR 92.43(a)’’ and adding
in its place ‘‘45 CFR 75.371 through
75.372’’.
■
PART 1309—HEAD START FACILITIES
PURCHASE, MAJOR RENOVATION
AND CONSTRUCTION
260–261. The authority citation for
part 1309 continues to read as follows:
■
Authority: 42 U.S.C. 9801 et seq.
§ 1309.21
[Amended]
262. Amend § 1309.21(e) by removing
‘‘45 CFR parts 74 or 92’’ and adding in
its place ‘‘45 CFR part 75’’.
■
§ 1309.22
[Amended]
263. Amend § 1309.22(c) by removing
‘‘45 CFR 74.2, or, if part 92 is
applicable, to ACF’s share as defined in
45 CFR 92.3’’ and adding in its place
‘‘45 CFR 75.2’’.
■
§ 1309.31
264. Amend § 1309.31(b) by removing
‘‘45 CFR part 74 and 45 CFR part 92’’
and adding in its place ‘‘45 CFR part
75’’.
[Amended]
265. Amend § 1309.32(b) by removing
‘‘45 CFR parts 74 and 92’’ and adding
in its place ‘‘45 CFR part 75’’.
■
§ 1309.34
*
*
*
*
(b) 45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards, except § 75.206
*
*
*
*
*
§ 1321.67
[Amended]
271. Amend § 1321.67(b)(1) by
removing ‘‘45 CFR 92.25(g) (2) and (3)’’
and adding in its place ‘‘45 CFR
75.307(e)(2) and (3)’’.
■
§ 1321.73
[Amended]
272. Amend § 1321.73 by removing
‘‘45 CFR 92.25(g)(2)’’ and adding in its
place ‘‘§ 75.307(e)(3)’’, removing
‘‘§ 92.25(g)(3)’’ and adding in its place
‘‘§ 75.307(e)(2), and removing
‘‘§ 92.25(g)(1)’’ and adding in its place
‘‘§ 75.307(e)(1)’’.
■
[Amended]
274. In § 1326.5, remove and reserve
paragraph (b) and revise paragraph (c).
The revision reads as follows:
§ 1326.5
Applicability of other regulations.
*
*
*
*
*
(c) 45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards.
*
*
*
*
*
■
275. The authority citation for part
1328 continues to read as follows:
[Amended]
§ 1309.52
Authority: 42 U.S.C. 3001; Title VI Part B
of the Older Americans Act.
268. Amend § 1309.52(a) by removing
‘‘45 CFR parts 74 or 92’’ and adding in
its place ‘‘45 CFR part 75’’.
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■
PART 1321—GRANTS TO STATE AND
COMMUNITY PROGRAMS ON AGING
269. The authority citation for part
1321 continues to read as follows:
■
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276. In § 1328.5, remove and reserve
paragraph (b) and revise paragraph (c).
The revision reads as follows:
■
[Amended]
[Amended]
278. In § 1336.50, amend paragraph
(a) by removing ‘‘45 CFR part 74—
Administration of grants’’ and ‘‘45 CFR
part 75—Informal grant appeals
procedures (indirect cost rates and other
cost allocations)’’ and adding in
alphanumeric order ‘‘45 CFR part 75—
Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for HHS Awards’’ and
amend paragraph (f) by removing
‘‘§ 74.3 of this title’’ and adding in its
place ‘‘§ 75.2 of this title’’
■
§ 1336.52
[Amended]
279. Amend § 1336.52(b) by removing
‘‘45 CFR 74.110–74.116’’ and adding in
its place ‘‘45 CFR 75.371 through
75.380’’.
■
§ 1336.77
[Amended]
■
§ 1309.43
267. Amend § 1309.43 by removing
‘‘45 CFR part 74 and 45 CFR part 92’’
and adding in its place ‘‘45 CFR part
75’’.
§ 1336.50
Authority: 42 U.S.C. 3001; Title VI, Part A
of the Older Americans Act.
273. The authority citation for part
1326 continues to read as follows:
PART 1328—GRANTS FOR
SUPPORTIVE AND NUTRITIONAL
SERVICES TO OLDER HAWAIIAN
NATIVES
■
Authority: 42 U.S.C. 2991 et seq.
■
PART 1326—GRANTS TO INDIAN
TRIBES FOR SUPPORT AND
NUTRITION SERVICES
266. Amend § 1309.34 by removing
‘‘45 CFR part 74 and 45 CFR part 92’’
and adding in its place ‘‘45 CFR part
75’’.
■
277. The authority citation for part
1336 continues to read as follows:
■
280. Amend § 1336.77 in paragraph
(a)(1) by removing ‘‘45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75,
subpart E’’ and in paragraph (b) by
removing ‘‘45 CFR part 74’’ and adding
in its place ‘‘45 CFR part 75’’.
■
[Amended]
■
§ 1309.32
Applicability of other regulations.
*
PART 1336—NATIVE AMERICAN
PROGRAMS
§ 1328.5
Applicability of other regulations.
*
*
*
*
*
(c) 45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards.
*
*
*
*
*
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■
PART 1355—GENERAL
281. The authority citation for part
1355 continues to read as follows:
Authority: 42 U.S.C. 620 et seq., 42 U.S.C.
670 et seq.; 42 U.S.C. 1302.
282. Amend § 1355.30 by revising
paragraph (i) to read as follows:
■
§ 1355.30
Other applicable regulations.
*
*
*
*
*
(i) 45 CFR part 75—Uniform
Administrative Requirements, Cost
Principles, and Audit Requirements for
HHS Awards. Part 75 of this title is
applicable to title IV–B programs and
the John H. Chafee Foster Care
Independence Program under Section
477 of the Act that are operated by
States and/or Tribes. Part 75 of this title
is applicable to title IV–E foster care and
adoption assistance programs operated
by a State title IV–E agency, except that
section 75.306 Cost sharing or matching
and section 75.341 Financial reporting
do not apply. Part 75 of this title is
applicable to title IV–E foster care and
adoption assistance programs operated
by a Tribal title IV–E agency pursuant
to section 479B, except that section
75.341 and the sections specified in
§ 1356.68 do not apply to a Tribal title
IV–E agency.
*
*
*
*
*
E:\FR\FM\20JAR1.SGM
20JAR1
Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
283. The authority citation for part
1357 continues to read as follows:
■
Authority: 42 U.S.C. 620 et seq., 42 U.S.C.
670 et seq.; 42 U.S.C. 1302.
§ 1357.30
[Amended]
284. Amend § 1357.30 in paragraph
(d) by removing ‘‘45 CFR 92.43 and
92.44’’ and adding in its place ‘‘45 CFR
75.371 through 75.372’’ and in
paragraph (e) introductory text by
removing ‘‘45 CFR part 92’’ and adding
in its place ‘‘45 CFR part 75’’.
■
§ 1357.40
[Amended]
285. In § 1357.40, amend paragraph
(d)(5)(i) by removing ‘‘45 CFR 92.43 and
92.44’’ and adding in its place ‘‘45 CFR
75.371 through 75.372’’ and amend
paragraph (d)(5)(ii) introductory text by
removing ‘‘45 CFR part 92’’ and adding
in its place ‘‘45 CFR part 75’’.
■
[FR Doc. 2015–32101 Filed 1–19–16; 8:45 am]
BILLING CODE 4150–24–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 151120999–5999–01]
RIN 0648–XE328
Endangered and Threatened Wildlife
and Plants; Final Listing
Determinations on Proposal To List the
Banggai Cardinalfish and Harrisson’s
Dogfish Under the Endangered
Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
In response to a petition, we,
NMFS, issue a final rule to list the
Banggai cardinalfish (Pterapogon
kauderni) as a threatened species under
the Endangered Species Act (ESA). We
have also determined that the proposed
listing of Harrisson’s dogfish shark
(Centrophorus harrissoni) as a
threatened species is not warranted at
this time. We will not designate critical
habitat for Banggai cardinalfish because
the geographical areas occupied by this
species are entirely outside U.S.
jurisdiction, and we have not identified
any unoccupied areas within U.S.
jurisdiction that are currently essential
to the conservation of this species.
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:15 Jan 19, 2016
Jkt 238001
This final rule is effective
February 19, 2016.
ADDRESSES: Chief, Endangered Species
Division, NMFS Office of Protected
Resources (F/PR3), 1315 East West
Highway, Silver Spring, MD 20910,
USA.
FOR FURTHER INFORMATION CONTACT:
Therese Conant or Maggie Miller,
NMFS, Office of Protected Resources,
(301) 427–8403.
SUPPLEMENTARY INFORMATION:
DATES:
PART 1357—REQUIREMENTS
APPLICABLE TO TITLE IV–B
Background
On July 15, 2013, we received a
petition from WildEarth Guardians to
list 81 marine species as threatened or
endangered under the Endangered
Species Act (ESA). We found that the
petitioned actions may be warranted for
27 of the 81 species and announced the
initiation of status reviews for each of
the 27 species (78 FR 63941, October 25,
2013; 78 FR 66675, November 6, 2013;
78 FR 69376, November 19, 2013; 79 FR
9880, February 21, 2014; and 79 FR
10104, February 24, 2014). On
December 16, 2014, we published a
proposed rule to list the dusky sea snake
(Aipysurus fuscus) and three foreign
corals (Cantharellus noumeae,
Siderastrea glynni, and Tubastraea
floreana) as endangered species, and we
proposed to list the Banggai cardinalfish
(Pterapogon kauderni) and Harrisson’s
dogfish (Centrophorus harrissoni) as
threatened species (79 FR74953). We
requested public comment on
information in the status reviews and
proposed rule through February 17,
2015. This final rule provides a
discussion of the information we
received during the public comment
period and our final determination on
the petition to list the Banggai
cardinalfish (Pterapogon kauderni) and
Harrisson’s dogfish (Centrophorus
harrissoni) under the ESA. Our final
determinations for the other species
proposed for listing in the December 16,
2014, proposed rule (dusky sea snake
and three foreign corals) were made in
a prior rule (80 FR 60560). The status of
the findings and relevant Federal
Register notices for those and the other
21 species can be found on our Web site
at https://www.nmfs.noaa.gov/pr/
species/petition81.htm.
We are responsible for determining
whether species are threatened or
endangered under the ESA (16 U.S.C.
1531 et seq.). To make this
determination, we consider first
whether a group of organisms
constitutes a ‘‘species’’ under the ESA,
then whether the status of the species
qualifies it for listing as either
threatened or endangered. Section 3 of
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
3023
the ESA defines a ‘‘species’’ to include
‘‘any subspecies of fish or wildlife or
plants, and any distinct population
segment of any species of vertebrate fish
or wildlife which interbreeds when
mature.’’
Section 3 of the ESA defines an
endangered species as ‘‘any species
which is in danger of extinction
throughout all or a significant portion of
its range’’ and a threatened species as
one ‘‘which is likely to become an
endangered species within the
foreseeable future throughout all or a
significant portion of its range.’’ We
interpret an ‘‘endangered species’’ to be
one that is presently in danger of
extinction. A ‘‘threatened species,’’ on
the other hand, is not presently in
danger of extinction, but is likely to
become so in the foreseeable future (that
is, at a later time). In other words, the
primary statutory difference between a
threatened and an endangered species is
the timing of when a species may be in
danger of extinction, either presently
(endangered) or in the foreseeable future
(threatened).
When we consider whether a species
might qualify as threatened under the
ESA, we must consider the meaning of
the term ‘‘foreseeable future.’’ It is
appropriate to interpret ‘‘foreseeable
future’’ as the horizon over which
predictions about the conservation
status of the species can be reasonably
relied upon. The foreseeable future
considers the life history of the species,
habitat characteristics, availability of
data, particular threats, ability to predict
threats, and the reliability to forecast the
effects of these threats and future events
on the status of the species under
consideration. Because a species may be
susceptible to a variety of threats for
which different data are available, or
which operate across different time
scales, the foreseeable future is not
necessarily reducible to a particular
number of years.
Section 4(a)(1) of the ESA requires us
to determine whether any species is
endangered or threatened due to any
one or a combination of the following
five threat factors: The present or
threatened destruction, modification, or
curtailment of its habitat or range;
overutilization for commercial,
recreational, scientific, or educational
purposes; disease or predation; the
inadequacy of existing regulatory
mechanisms; or other natural or
manmade factors affecting its continued
existence. We are also required to make
listing determinations based solely on
the best scientific and commercial data
available, after conducting a review of
the species’ status and after taking into
E:\FR\FM\20JAR1.SGM
20JAR1
]]>Agencies
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 3004-3023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32101]
[[Page 3004]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Parts 38, 50, 51, 51a, 51b, 51c, 51d, 52, 52a, 52b, 52c,
52d, 52e, 55a, 56, 57, 59, 59a, 62, 63a, 64, 65, 65a, 66, 67, 124,
136, 403, 417, 430, 433, 434, 435, 436, 438, 440, 441, 456, 457,
and 1001
45 CFR Parts 16, 63, 75, 87, 95, 98, 261, 262, 263, 265, 286, 287,
301, 302, 303, 304, 309, 400, 1000, 1301, 1304, 1309, 1321, 1326,
1328, 1336, 1355, and 1357
RIN 0991-ZA46
Federal Awarding Agency Regulatory Implementation of Office of
Management and Budget's Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards; Technical
Amendments
AGENCY: Department of Health and Human Services.
ACTION: Interim final rule; technical amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains technical amendments to HHS regulations
regarding Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards. The regulatory content is being
amended to add information that was erroneously omitted, to include
updated cross-references within HHS' regulations, and to make
grammatical corrections.
DATES: Effective January 20, 2016. Implementation Date: For all non-
Federal entities, there is a two-year grace period for implementation
of the procurement standards in 45 CFR 75.326 through 75.335.
FOR FURTHER INFORMATION CONTACT: Audrey E. Clarke, Ph.D., Division of
Grants, Office of Grants and Acquisition Policy and Accountability,
Office of the Assistant Secretary for Financial Resources, U.S.
Department of Health and Human Services, 200 Independence Ave. SW.,
Room 529G.17, Washington, DC 20201; phone: (202) 720-1908; email:
Audrey.Clarke@hhs.gov.
SUPPLEMENTARY INFORMATION: HHS is correcting its regulations in line
with FR Doc. 2014-28697, published on December 19, 2014 (79 FR 75871),
entitled ``Federal Awarding Agency Regulatory Implementation of Office
of Management and Budget's Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards'', the ``Guidance
for Reporting and Use of Information Concerning Recipient Integrity and
Performance'' to 2 CFR part 200, published on July 22, 2015 (80 FR
43301), and ``Universal Identifier and System of Award Management;
Corrections'', published on September 10, 2015 (80 FR 54407), made by
the Office of Management and Budget (OMB). HHS adopts the correcting
amendments made by OMB. HHS is also making amendments to address
citation or grammatical inconsistencies, to amend incomplete statements
in the regulation, and to update existing HHS regulations to
incorporate 45 CFR part 75. The correcting amendments will go into
effect at the time of publicatio
List of Subjects
42 CFR Part 38
Disaster assistance, Government contracts, Grant programs-health,
mental health programs.
42 CFR Part 50
Administrative practice and procedure, Conflicts of interests,
Drugs, Family planning, Grant programs-health, Grant programs-science
and technology, Health care, Reporting and recordkeeping requirements,
Research, Science and technology.
42 CFR Part 51
Administrative practice and procedure, Grant programs-health,
Health facilities, Health records, mental health programs, Privacy,
Reporting and recordkeeping requirements.
42 CFR Part 51a
Blood diseases, Colleges and Universities, Genetic diseases, Grant
programs-Health, Maternal and Child Health, Medical research, and
Recordkeeping requirements.
42 CFR Part 51b
Communicable diseases, Grant programs-health, Immunization,
Maternal and Child health, Reporting and Recordkeeping requirements,
Research, Venereal Diseases.
42 CFR Part 51c
Grant programs-health, Health care, Health facilities, Reporting
and recordkeeping requirements.
42 CFR Part 51d
Administrative practice and procedure, Disaster assistance, Drug
abuse, Emergency medical services, Grant programs-health, Health
facilities, Mental health programs, Privacy, Reporting and
recordkeeping requirements.
42 CFR Part 52
Grant programs-health, Medical research, Reporting and
recordkeeping requirements.
42 CFR Part 52a
Blood diseases, Grant programs-health, Heart diseases, Lung
diseases, Medical research, Reporting and recordkeeping requirements.
42 CFR Part 52b
Grant programs-health, Health facilities, Medical research,
Reporting and recordkeeping requirements.
42 CFR Part 52c
Educational study programs, Grant programs-health, Medical
research, Reporting and recordkeeping requirements.
42 CFR Part 52d
Cancer, Educational study programs, Grant programs-health, Health
professions, Reporting and recordkeeping requirements.
42 CFR Part 52e
Blood diseases, Grant programs-health, Health care, Health
diseases, Health professions, Lung diseases, Medical research,
Reporting and recordkeeping requirements.
42 CFR Part 55a
Black lung benefits, Grant programs-health, Health care, Health
facilities, Miners, Reporting and recordkeeping requirements.
42 CFR Part 56
Grant programs-health, Health care, Health facilities, Migrant
labor, Reporting and, recordkeeping requirements.
42 CFR Part 57
Aged, Education of disadvantaged, Educational facilities,
Educational study programs, Grant programs-education, Grant programs-
health, Health facilities, Health professions, Loan programs-health,
Medical and dental schools, Reporting and recordkeeping requirements,
Scholarships and fellowships, Student aid.
42 CFR Part 59
Family planning, Grant programs-health, Grant programs-social
programs, Health professions, Reporting and recordkeeping requirements,
Youth.
42 CFR Part 59a
Grant programs-health, Libraries, Medical research, Reporting and
recordkeeping requirements.
[[Page 3005]]
42 CFR Part 62
Educational study programs, Grant programs-education, Grant
programs-health, Health professions, Loan programs-education, Loan
programs-health, Reporting and recordkeeping requirements, Scholarships
and fellowships.
42 CFR Part 63a
Grant programs-health, Medical research.
42 CFR Part 64
Educational study programs, Grant programs-education, Grant
programs-health, Health professions, Libraries, Manpower training
programs, Reporting and recordkeeping requirements.
42 CFR Part 65
Education, Grant programs-education, Grant programs-health,
Hazardous waste, Nonprofit organizations, Occupational safety and
health, Reporting and recordkeeping requirements.
42 CFR Part 65a
Grant programs-health, Hazardous waste, Medical research.
42 CFR Part 66
Grant programs-health, Health professions, Medical research.
42 CFR Part 67
Grant programs-health, Medical research, Reporting and
recordkeeping requirements.
42 CFR Part 124
Grant programs-health, Health facilities, Reporting and
recordkeeping requirements.
42 CFR Part 136
Employment, Government procurement, Health care, Health facilities,
Indians, Infants and children, Maternal and child health, Penalties,
Reporting and recordkeeping requirements.
42 CFR Part 403
Grant programs-health, Health insurance, Hospitals,
Intergovernmental relations, Medicare, Reporting and recordkeeping
requirements.
42 CFR Part 417
Administrative practice and procedure, Grant programs-health,
Health care, Health insurance, Health maintenance organizations (HMO),
Loan programs-health, Medicare, Reporting and recordkeeping
requirements.
42 CFR Part 430
Administrative practice and procedure, Grant programs-health,
Medicaid, Reporting and recordkeeping requirements.
42 CFR Part 433
Administrative practice and procedure, Child support, Claims, Grant
programs-health, Medicaid, Reporting and recordkeeping requirements.
42 CFR Part 434
Grant programs-health, Health maintenance organizations (HMO),
Medicaid, Reporting and recordkeeping requirements.
42 CFR Part 435
Aid to Families with Dependent Children, Grant programs-health,
Medicaid, Reporting and recordkeeping requirements, Supplemental
Security Income (SSI), Wages.
42 CFR Part 436
Aid to Families with Dependent Children, Grant programs-health,
Guam, Medicaid, Puerto Rico, Supplemental Security Income (SSI), Virgin
Islands.
42 CFR Part 438
Grant programs-health, Medicaid, Reporting and recordkeeping
requirements.
42 CFR Part 440
Grant programs-health, Medicaid.
42 CFR Part 441
Aged, Family planning, Grant programs-health, Infants and children,
Medicaid, Penalties, Reporting and recordkeeping requirements.
42 CFR Part 456
Administrative practice and procedure, Drugs, Grant programs-
health, Health facilities, Medicaid, Reporting and recordkeeping
requirements.
42 CFR Part 457
Administrative practice and procedure, Grant programs-health,
Health insurance, Reporting and recordkeeping requirements.
42 CFR Part 1001
Administrative practice and procedure, Fraud, Grant programs-
health, Health facilities, Health professions, Maternal and child
health, Medicaid, Medicare, Social Security.
45 CFR Part 16
Administrative practice and procedure, Grant programs-health, Grant
programs-social programs.
45 CFR Part 63
Grant programs-communications, Grant programs-education, Grant
programs-health, Grant programs-social programs, Research,
Telecommunications.
45 CFR Part 75
Accounting Auditing Administrative practice and procedure Colleges
and universities Cost principles Grant programs Grant programs-health
Grants administration Hospitals Indians Nonprofit organizations
reporting and recordkeeping requirements and State and local
governments.
45 CFR Part 87
Administrative practice and procedure, Grant programs-social
programs, nonprofit organizations, Public assistance programs.
45 CFR Part 95
Claims, Computer technology, Grant programs-health, Grant programs-
social programs, Reporting and recordkeeping requirements, Social
security.
45 CFR Part 98
Administrative practice and procedure, Day care, Grant programs-
Indians, Grant programs-social programs, Indians, Penalties, Religious
discrimination, Reporting and recordkeeping, requirements.
45 CFR Parts 261, 262, 263, and 265
Administrative practice and procedure, Day care, Employment, Grant
programs-social programs, Loan programs-social programs, Manpower
training programs, Penalties, Public assistance, programs, Reporting
and recordkeeping requirements.
45 CFR Parts 286
Administrative practice and procedure, Day care, Employment, Grant
programs-social programs, Indians, Loan programs-social programs,
Manpower training programs, Penalties, Public assistance programs,
Reporting and recordkeeping requirements.
45 CFR Parts 287
Administrative practice and procedure, Employment, Grant programs-
social programs, Indians, Loan programs-social programs, Manpower
training programs, Penalties, Public assistance programs, Reporting and
recordkeeping requirements.
45 CFR Parts 301, 303, and 304
Child support, Grant programs-social programs, Reporting and
recordkeeping requirements.
[[Page 3006]]
45 CFR Part 302
Child support, Grant programs-social programs, Penalties, Reporting
and recordkeeping, requirements, Unemployment compensation.
45 CFR Part 309
Child support, Grant programs-social programs, Indians, Reporting
and recordkeeping, requirements.
45 CFR Part 400
Employment, Grant programs-social programs, Health care, Public
assistance programs, Refugees, Reporting and recordkeeping
requirements.
45 CFR Part 1000
Grant programs-social programs, Reporting and recordkeeping
requirements.
45 CFR Part 1301
Administrative practice and procedure, Education of disadvantaged,
Grant programs-social programs.
45 CFR Part 1304
Dental health, Education of disadvantaged, Grant programs-social
programs, Health care, mental health programs, Nutrition, Reporting and
recordkeeping requirements.
45 CFR Part 1309
Grant programs-social programs, Rates and Fares.
45 CFR Parts 1321
Administrative practice and procedure, Aged, Grant programs-
Indians, Grant programs-social programs, Indians, Legal services,
Nutrition, Reporting and recordkeeping requirements.
45 CFR Part 1326
Administrative practice and procedure, Aged, Grant programs-
Indians, Grant programs-social programs, Indians, Nutrition, Reporting
and recordkeeping requirements.
45 CFR Part 1328
Administrative practice and procedure, Aged, Grant programs-social
programs, Hawaiian, Natives, Nutrition, Reporting and recordkeeping
requirements.
45 CFR Part 1336
Administrative practice and procedure, American Samoa, Grant
programs-Indians, Grant programs-social programs, Guam, Hawaiian
Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping
requirements.
45 CFR Part 1355
Child welfare, Computer technology, Grant programs-social programs,
Reporting and recordkeeping requirements.
45 CFR Part 1357
Adoption and foster care, Child welfare, Grant programs-social
programs, Indians, Reporting and recordkeeping requirements.
Dated: December 14, 2015.
Ellen Murray,
Assistant Secretary for Financial Resources, Department of Health and
Human Services.
Under the authority of (5 U.S.C. 301), the Department of Health and
Human Services amends 42 CFR parts 38, 50, 51, 51a, 51b, 51c, 51d, 52,
52a, 52b, 52c, 52d, 52e, 55a, 56, 57, 59, 59a, 62, 63a, 64, 65, 65a,
66, 67, 124, 136, 403, 417, 430, 433, 434, 435, 436, 438, 440, 441,
456, 457, and 1001, and 45 CFR parts 16, 63, 75, 87, 95, 98, 261, 262,
263, 265, 286, 287, 301, 302, 303, 304, 309, 400, 1000, 1301, 1304,
1309, 1321, 1326, 1328, 1336, 1355, and 1357 by making the following
correcting amendments:
Title 42--Public Health
PART 38--DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING
0
1. The authority citation for part 38 continues to read as follows:
Authority: Sec. 413, Pub. L. 93-288. The Disaster Relief Act of
1974, 88 Stat. 157, 42 U.S.C. 5183, E.O. 11795, 39 FR 25939, as
amended by E.O. 11910, 41 FR 15681.
Sec. 38.5 [Amended]
0
2. Amend Sec. 38.5:
0
a. In paragraph (d) by removing ``45 CFR part 74--Administration of
grants'' and ``45 CFR part 75--Informal grant appeals procedures'';
0
b. In paragraph (d) by adding in alphanumeric order ``45 CFR part 75--
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for HHS Awards''; and
0
c. In paragraph (e) by removing ``subpart Q of 45 CFR part 74'' and
adding in its place ``45 CFR part 75, subpart E''.
PART 50--POLICIES OF GENERAL APPLICABILITY
0
3. The authority citation for part 50 continues to read as follows:
Authority: Sec. 215, Public Health Service Act, 58 Stat. 690
(42 U.S.C. 216); Sec. 1006, Public Health Service Act, 84 Stat. 1507
(42 U.S.C. 300a-4), unless otherwise noted.
Sec. 50.309 [Amended]
0
4. Amend Sec. 50.309, by removing ``45 CFR 74.20 et seq'' and adding
in its place ``45 CFR 75.361 et seq''.
Sec. 50.504 [Amended]
0
5. Amend Sec. 50.504(a)(3), by removing ``45 CFR part 74,'' and adding
in its place ``45 CFR part 75, subpart E,''.
Sec. 50.604 [Amended]
0
6. Amend Sec. 50.604(i), by removing ``45 CFR 74.53(b) and 92.42(b)''
and adding in its place ``45 CFR 75.361''.
Sec. 50.606 [Amended]
0
7. Amend Sec. 50.606(b), in the last sentence, by removing ``special
award conditions under 45 CFR 74.14 and 92.12, or suspension of funding
or other enforcement action under 45 CFR 74.62 and 92.43,'' and adding
in its place ``specific award conditions under 45 CFR 75.207, or
suspension of funding or other enforcement action under 45 CFR
75.371,''.
Sec. 50.607 [Amended]
0
8. Amend Sec. 50.607, by removing ``45 CFR part 74--Uniform
administrative requirements for awards and subawards to institutions of
higher education, hospitals, other nonprofit organizations, and
commercial organizations'' and adding in alphanumeric order ``45 CFR
part 75--Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for HHS Awards'' and removing ``45 CFR part 92--
Uniform administrative requirements for grants and cooperative
agreements to State, local, and tribal governments''.
PART 51--REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR
INDIVIDUALS WITH MENTAL ILLNESS PROGRAM
0
9. The authority citation for part 51 continues to read as follows:
Authority: 42 U.S.C. 10801, et seq.
Sec. 51.4 [Amended]
0
10. Amend Sec. 51.4:
0
a. By removing ``45 CFR part 74--Administration of Grants.'' and ``45
CFR part 75--Informal Grants Appeals Procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards.''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to State and Local Governments.''
[[Page 3007]]
Sec. 51.10 [Amended]
0
11. Amend Sec. 51.10 by removing ``45 CFR part 74'' and adding in its
place ``45 CFR part 75''.
PART 51a--PROJECT GRANTS FOR MATERNAL AND CHILD HEALTH
0
12. The authority citation for part 51a continues to read as follows:
Authority: Sec. 1102 of the Social Security Act, 49 Stat. 647
(42 U.S.C. 1302); sec. 502(a), 502(b)(1)(A), and 506(a)(3) of the
Social Security Act, 95 Stat. 819-20 (42 U.S.C. 702(a), 702(b)(1)(A)
and 706(a)(3)).
Sec. 51a.7 [Amended]
0
13. Amend Sec. 51a.7, in paragraph (b):
0
a. By removing ``45 CFR part 74--Administration of grants to nonprofit
organizations.'' and ``45 CFR part 75--Informal Grants Appeals
Procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards.''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to State and Local Governments.''
PART 51b--PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES
0
14. The authority citation for part 51b continues to read as follows:
Authority: Secs. 317 and 318, Public Health Service Act, 92
Stat. 3574 and 3582 (42 U.S.C. 247b, 247c); sec. 1743 Pub. L. 97-35,
95 Stat. 763 (31 U.S.C. 1243 note).
Sec. 51b.105 [Amended]
0
15. Amend Sec. 51b.105, by removing ``45 CFR part 74--Administration
of grants'' and ``45 CFR part 75--Informal grant appeals procedures''
and adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''.
Sec. 51b.106 [Amended]
0
16. Amend Sec. 51b.106(d), by removing ``subpart Q of 45 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
PART 51c--GRANTS FOR COMMUNITY HEALTH SERVICES
0
17. The authority citation for part 51c continues to read as follows:
Authority: Sec. 330, Public Health Service Act, 89 Stat. 342,
(42 U.S.C. 254c); sec. 215, Public Health Service Act, 58 Stat. 690,
(42 U.S.C. 216).
Sec. 51c.107 [Amended]
0
18. Amend Sec. 51c.107, in paragraph (a), by removing ``subpart Q of
45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''
and in paragraph (b)(7), by removing ``45 CFR part 74;'' and adding in
its place ``45 CFR part 75;''.
Sec. 51c.112 [Amended]
0
19. Amend Sec. 51c.112(c)(2)(iii) by removing ``subparts F, M, and O
of 45 CFR part 74'' and adding in its place ``45 CFR 75.307, 75.371
through 75.385, and 75.316-75.325''.
0
20. Revise Sec. 51c.113 to read as follows:
Sec. 51c.113 Applicability of 45 CFR part 75.
The provisions of 45 CFR part 75, establishing uniform
administrative requirements and cost principles, shall apply to all
grants under this part.
Sec. 51c.502 [Amended]
0
21. Amend Sec. 51c.502(a) by removing ``45 CFR 74.132'' and adding in
its place ``45 CFR 75.2''.
PART 51d--MENTAL HEALTH AND SUBSTANCE ABUSE EMERGENCY RESPONSE
PROCEDURES
0
22. The authority citation for part 51d continues to read as follows:
Authority: 42 U.S.C. 290aa(m).
Sec. 51d.8 [Amended]
0
23. Amend Sec. 51d.8:
0
a. By removing ``45 CFR part 74--Administration of grants'' and ``45
CFR part 75--Informal grants appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local governments''.
Sec. 51d.10 [Amended]
0
24. Amend Sec. 51d.10(a)(2) and (b)(2) by removing ``45 CFR
92.41(b),'' and adding in its place ``45 CFR 75.341,''.
0
25. Amend Sec. 51d.10(a)(3) and (b)(1), (b)(3), and (b)(4) by removing
``45 CFR 92.50(b)'' and adding in its place ``CFR 75.342''.
PART 52--GRANTS FOR RESEARCH PROJECTS
0
26. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 216.
Sec. 52.6 [Amended]
0
27. Amend Sec. 52.6(a), in the last sentence, by removing ``subpart Q
of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart
E''.
Sec. 52.8 [Amended]
0
28. Amend Sec. 52.8:
0
a. By removing ``45 CFR part 74--Administration of grants.'' and ``45
CFR part 75--Informal grants appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local governments''.
PART 52a--NATIONAL INSTITUTES OF HEALTH CENTER GRANTS
0
29. The authority citation for part 52a continues to read as follows:
Authority: 42 U.S.C. 216, 284g, 285a-6(c)(1)(E), 285a-
7(c)(1)(G), 285b-4, 285c-5, 285c-8, 285d-6, 285e-2, 285e-3, 285e-
10a, 285f-1, 285g-5, 285g-7, 285g-9, 285m-3, 285o-2, 286a-
7(c)(1)(G), 287c-32(c), 300cc-16.
Sec. 52a.4 [Amended]
0
30. Amend Sec. 52a.4(i) by removing ``45 CFR 74.40 through 74.47 and
45 CFR 92.25'' and adding in its place ``45 CFR 75.307''.
Sec. 52a.7 [Amended]
0
31. Amend Sec. 52a.7 by removing ``45 CFR 74.27.'' and adding in its
place ``45 CFR part 75, subpart E.''.
Sec. 52a.8 [Amended]
0
32. Amend Sec. 52a.8:
0
a. By removing ``45 CFR part 74--Uniform administrative requirements
for awards and subawards to institutions of higher education,
hospitals, other nonprofit organizations, and commercial organizations;
and certain grants and agreements with states, local governments and
Indian tribal governments'' and ``45 CFR part 75--Informal grant
appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to State and local governments''.
PART 52b--NATIONAL INSTITUTES OF HEALTH CONSTRUCTION GRANTS
0
33. The authority citation for part 52b continues to read as follows:
Authority: 42 U.S.C. 216, 285a-2, 285a-3, 285b-3, 285b-4, 285d-
6, 285i, 285m-3, 285o-4, 287a-2, 287a-3, 300cc-41.
[[Page 3008]]
Sec. 52b.7 [Amended]
0
34. Amend Sec. 52b.7(c), in the last sentence, by removing ``45 CFR
part 74'' and adding in its place ``45 CFR part 75''.
Sec. 52b.14 [Amended]
0
35. Amend Sec. 52b.14(b):
0
a. By removing ``45 CFR part 74--Uniform administrative requirements
for awards and subawards to institutions of higher education,
hospitals, other nonprofit organizations, and commercial organizations;
and certain grants and agreements with states, local governments and
Indian tribal governments.'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards.''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to State and local
governments.''.
PART 52c--MINORITY BIOMEDICAL RESEARCH SUPPORT PROGRAM
0
36. The authority citation for part 52c continues to read as follows:
Authority: 42 U.S.C. 216, 241(a)(3).
Sec. 52c.6 [Amended]
0
37. Amend Sec. 52c.6(a) by removing ``subpart Q of 45 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
Sec. 52c.7 [Amended]
0
38. Amend Sec. 52c.7:
0
a. By removing ``45 CFR part 74--Administration of grants'' and ``45
CFR part 75--Informal grants appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local
governments.''.
PART 52d--NATIONAL CANCER INSTITUTE CLINICAL CANCER EDUCATION
PROGRAM
0
39. The authority citation for part 52d continues to read as follows:
Authority: Sec. 215, 58 Stat. 690, as amended, 63 Stat. 835 (42
U.S.C. 216); sec. 404(a)(4), 92 Stat. 3426 (42 U.S.C. 285).
Sec. 52d.7 [Amended]
0
40. Amend Sec. 52d.7 by removing ``subpart Q of 45 CFR part 74'' and
adding in its place ``45 CFR part 75, subpart E''.
Sec. 52d.8 [Amended]
0
41. Amend Sec. 52d.8 by removing ``45 CFR part 74--Administration of
grants'' and ``45 CFR part 75--Informal grant appeals procedures'' and
adding in its place ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
PART 52e--NATIONAL HEART, LUNG, AND BLOOD INSTITUTE GRANTS FOR
PREVENTION AND CONTROL PROJECTS
0
42. The authority citation for part 52e continues to read as follows:
Authority: 42 U.S.C. 216, 285b-1.
Sec. 52e.6 [Amended]
0
43. Amend Sec. 52e.6(e) by removing ``subpart Q of 45 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
Sec. 52e.7 [Amended]
0
44. Amend Sec. 52e.7(a) by removing ``subpart Q of 45 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
Sec. 52e.8 [Amended]
0
45. Amend Sec. 52e.8:
0
a. By removing ``45 CFR part 74--Administration of grants'' and ``45
CFR part 75--Informal grants appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local governments''.
PART 55a--PROGRAM GRANTS FOR BLACK LUNG CLINICS
0
46. The authority citation for part 55a continues to read as follows:
Authority: Sec. 427(a), Federal Mine Safety and Health Act of
1977, 92 Stat. 100 (30 U.S.C. 937(a)).
Sec. 55a.107 [Amended]
0
47. Amend Sec. 55a.107 by removing ``45 CFR part 74--Administration of
grants;'' and ``45 CFR part 75--Informal grant appeals procedures;''
and adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards;''.
Sec. 55a.201 [Amended]
0
48. Amend Sec. 55a.201(g) by removing ``Attachment P, Audit
Requirements, of Office of Management and Budget Circular A-102,
Uniform Requirements for Assistance to State and Local Governments, as
adopted for the Department of Health and Human Services by 45 CFR part
74'' and adding in its place ``subpart F of 45 CFR part 75''.
PART 56--GRANTS FOR MIGRANT HEALTH SERVICES
0
49. The authority citation for part 56 continues to read as follows:
Authority: Secs. 215, 319, Public Health Service Act (42 U.S.C.
216, 247d).
Sec. 56.108 [Amended]
0
50. Amend Sec. 56.108 in paragraph (a) by removing ``subpart Q of 45
CFR part 74'' and adding in its place ``45 CFR part 75, subpart E'' and
in paragraph (b)(7) by removing ``45 CFR part 74'' and adding in its
place ``45 CFR part 75''.
Sec. 56.113 [Amended]
0
51. In Sec. 56.113(c)(2)(iii), remove ``subparts F, M, and O of 45 CFR
part 74'' and add in its place ``45 CFR 75.307, 75.371 through 75.385,
and 75.316 through 75.325''.
0
52. Revise Sec. 56.114 to read as follows:
Sec. 56.114 Applicability of 45 CFR part 75.
The provisions of 45 CFR part 75, establishing uniform
administrative requirements and cost principles, shall apply to all
grants under this part.
PART 57--GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES,
EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS
0
53. The authority citation for part 57 continues to read as follows:
Authority: Sec. 215 of the Public Health Service Act, 58 Stat.
690, as amended, 63 Stat. 35 (42 U.S.C. 216); secs. 740-747 of the
Public Health Service Act, 77 Stat. 170-173, as amended by 90 Stat.
2266-2268, 91 Stat. 390-391, 95 Stat. 920, 99 Stat. 532-536, and 102
Stat. 3125 (42 U.S.C. 294m-q); renumbered as secs. 721-735, as
amended by Pub. L. 102-408, 106 Stat. 2011-2022 (42 U.S.C. 292q-
292y).
Sec. 57.215 [Amended]
0
54. Amend Sec. 57.215(a)(3) by removing ``45 CFR part 74'' and adding
in its place ``45 CFR part 75''.
Sec. 57.315 [Amended]
0
55. Amend Sec. 57.315(b)(2) by removing ``45 CFR part 74'' and adding
in its place ``45 CFR part 75''.
PART 59--GRANTS FOR FAMILY PLANNING SERVICES
0
56. The authority citation for part 59 continues to read as follows:
[[Page 3009]]
Authority: 42 U.S.C. 300a-4.
Sec. 59.9 [Amended]
0
57. Amend Sec. 59.9 by removing ``45 CFR part 74 or Part 92, as
applicable'' and adding in its place ``45 CFR part 75, subpart E''.
Sec. 59.10 [Amended]
0
58. Amend Sec. 59.10:
0
a. By removing ``45 CFR part 74--Uniform administrative requirements
for awards and subawards to institutions of higher education,
hospitals, other nonprofit organizations, and commercial organizations;
and certain grants and agreements with states, local governments and
Indian tribal governments'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local governments''.
Sec. 59.206 [Amended]
0
59. Amend Sec. 59.206(c) by removing ``subpart Q of 35 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
Sec. 59.208 [Amended]
0
60. Amend Sec. 59.208(a) by removing ``subpart Q of 45 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
Sec. 59.212 [Amended]
0
61. Amend Sec. 59.212(d)(2)(iii) by removing ``subparts F, M, and O of
45 CFR part 74.'' and adding in its place ``45 CFR 75.307, 75.371
through 75.385, and 75.316-75.325.''.
0
62. Revise Sec. 59.215 to read as follows:
Sec. 59.215 Applicability of 45 CFR part 75.
The provisions of 45 CFR part 75, establishing uniform
administrative requirements and cost principles, shall apply to all
grants under this part.
PART 59a--NATIONAL LIBRARY OF MEDICINE GRANTS
0
63. The authority citation for part 59a continues to read as follows:
Authority: 42 U.S.C. 286b-2, 286b-5.
Sec. 59a.6 [Amended]
0
64. Amend Sec. 59a.6 by removing ``subpart Q of 45 CFR part 74'' and
adding in its place ``45 CFR part 75, subpart E''.
Sec. 59a.7 [Amended]
0
65. Amend Sec. 59a.7:
0
a. By removing ``45 CFR part 74--Administration of grants'' and ``45
CFR part 75--Informal grants appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local governments''.
Sec. 59a.16 [Amended]
0
66. Amend Sec. 59a.16(a) by removing ``subpart Q of 45 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
Sec. 59a.17 [Amended]
0
67. Amend Sec. 59a.17:
0
a. By removing ``45 CFR part 74--Administration of grants'' and ``45
CFR part 75--Informal grants appeals procedures.'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local governments''.
PART 62--NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP AND LOAN
REPAYMENT PROGRAMS
0
68. The authority citation for part 62 continues to read as follows:
Authority: Sec. 215 of the Public Health Service Act, 58 Stat.
690, as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 751 of the Public
Health Service Act, 90 Stat. 2281 (42 U.S.C. 294t), unless otherwise
noted.
Sec. 62.58 [Amended]
0
69. Amend Sec. 62.58:
0
a. By removing ``45 CFR part 74--Administration of grants'', ``45 CFR
part 75--Informal grant appeals procedures'' and ``45 CFR part 92--
Administrative Requirements for grants and cooperative agreements to
State and local governments (effective October 1, 1988)'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By arranging existing entries in alphanumeric order.
PART 63a--NATIONAL INSTITUTES OF HEALTH TRAINING GRANTS
0
70. The authority citation for part 63a continues to read as follows:
Authority: 42 U.S.C. 216, 2421(b)(3), 284(b)(1)(C), 285g-10,
287c(b), 300cc-15(a)(1), 300cc-41(a)(3)(C), 7403(h)(2).
Sec. 63a.10 [Amended]
0
71. Amend Sec. 63a.10(a) by removing ``45 CFR 74.27'' and adding in
its place ``45 CFR part 75, subpart E''.
Sec. 63a.11 [Amended]
0
72. Amend Sec. 63a.11:
0
a. By removing ``45 CFR part 74--Administration of grants'' and ``45
CFR part 75--Informal grant appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
administrative requirements, cost principles, and audit requirements
for HHS awards''; and
0
c. By removing ``45 CFR part 92--Administrative Requirements for grants
and cooperative agreements to State and local governments''.
PART 64--NATIONAL LIBRARY OF MEDICINE TRAINING GRANTS
0
73. The authority citation for part 64 continues to read as follows:
Authority: 42 U.S.C. 216, 286b-3.
Sec. 64.8 [Amended]
0
74. Amend Sec. 64.8 by removing ``subpart Q of 45 CFR part 74'' and
adding in its place ``45 CFR part 75, subpart E''.
Sec. 64.9 [Amended]
0
75. Amend Sec. 64.9:
0
a. By removing ``45 CFR part 74--Administration of grants.'' and ``45
CFR part 75--Informal grant appeals procedures.'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards.''; and
0
c. By removing ``45 CFR part 92--Administrative Requirements for grants
and cooperative agreements to State and local governments.''.
PART 65--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
HAZARDOUS WASTE WORKER TRAINING
0
76. The authority citation for part 65 continues to read as follows:
Authority: 42 U.S.C. 9660a; 49 U.S.C. App. 1816.
Sec. 65.8 [Amended]
0
77. Amend Sec. 65.8:
0
a. By removing ``45 CFR part 74--Administration of grants'' and ``45
CFR part 75--Informal grant appeals procedures'';
[[Page 3010]]
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Administrative Requirements for Grants
and Cooperative Agreements to State and local Governments''.
PART 65a--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
HAZARDOUS SUBSTANCES BASIC RESEARCH AND TRAINING GRANTS
0
78. The authority citation for part 65a continues to read as follows:
Authority: 42 U.S.C. 216, 9660(a).
Sec. 65a.9 [Amended]
0
79. Amend Sec. 65a.9(a) by removing ``45 CFR 74.25'' and adding in its
place ``45 CFR 75.308''.
Sec. 65a.10 [Amended]
0
80. Amend Sec. 65a.10 by removing ``45 CFR 74.27'' and adding in its
place ``45 CFR part 75, subpart E''.
Sec. 65a.11 [Amended]
0
81. Amend Sec. 65a.11:
0
a. By removing ``45 CFR part 74--Uniform administrative requirements
for awards and subawards to institutions of higher education,
hospitals, other nonprofit organizations, and commercial organizations;
and certain grants and agreements with states, local governments and
Indian tribal governments'' and ``45 CFR part 75--Informal grant
appeals procedures'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements to state and local governments''.
PART 66--NATIONAL RESEARCH SERVICE AWARDS
0
82. The authority citation for part 66 continues to read as follows:
Authority: 42 U.S.C. 216, 288.
Sec. 66.207 [Amended]
0
83. Amend Sec. 66.207:
0
a. By removing ``45 CFR part 74--Uniform administrative requirements
for awards and subawards to institutions of higher education,
hospitals, other nonprofit organizations, and commercial organizations;
and certain grants and agreements with states, local governments and
Indian tribal governments'' and ``45 CFR part 75--Informal grant
appeals procedures''; and
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''.
PART 67--AGENCY FOR HEALTH CARE POLICY AND RESEARCH GRANTS AND
CONTRACTS
0
84. The authority citation for part 67 continues to read as follows:
Authority: Pub. L. 103-43, 107 Stat. 214-215, Pub. L. 102-410,
106 Stat. 2094-2101 and sec. 6103, Pub. L. 101-239, 103 Stat. 2189-
2208, Title IX of the Public Health Service Act (42 U.S.C. 299-299c-
6); and sec. 1142, Social Security Act (42 U.S.C. 1320b-12).
Sec. 67.11 [Amended]
0
85. Amend Sec. 67.11 in the definition of ``Grant,'' by removing ``45
CFR parts 74 and 92'' and adding in its place ``45 CFR part 75''.
Sec. 67.18 [Amended]
0
86. Amend Sec. 67.18 by removing ``45 CFR part 74, or part 92 for
State and local government grantees'' and adding in its place ``45 CFR
part 75''.
Sec. 67.19 [Amended]
0
87. Amend Sec. 67.19:
0
a. By removing ``45 CFR part 74--Administration of grants'';
0
b. By adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''; and
0
c. By removing ``45 CFR part 92--Uniform administrative requirements
for grants and cooperative agreements with State and local
governments''.
PART 124--MEDICAL FACILITY CONSTRUCTION AND MODERNIZATION
0
88. The authority citation for part 124 continues to read as follows:
Authority: Secs. 215, 1602, 1625, Public Health Service Act (42
U.S.C. 216, 300o-1, 300r), unless otherwise noted.
Sec. 124.6 [Amended]
0
89. Amend Sec. 124.6 by removing ``subpart K of 45 CFR part 74.'' and
adding in its place ``45 CFR 75.305''.
Sec. 124.7 [Amended]
0
90. Amend Sec. 124.7 by removing ``subpart Q of 45 CFR part 74.'' and
adding in its place ``45 CFR part 75, subpart E.''.
0
91. Revise Sec. 124.11 to read as follows:
Sec. 124.11 Applicability of 45 CFR part 75.
The provisions of 45 CFR part 75, establishing uniform
administrative requirements and cost principles, shall apply to all
grants under this part.''.
PART 136--INDIAN HEALTH
0
92. The authority citation for part 136 continues to read as follows:
Authority: 25 U.S.C. 13; sec. 3, 68 Stat. 674 (42 U.S.C., 2001,
2003); Sec. 1, 42 Stat. 208 (25 U.S.C. 13); 42 U.S.C. 2001, unless
otherwise noted.
Sec. 136.56 [Amended]
0
93. Amend Sec. 136.56 by removing ``45 CFR part 74, subpart C'' and
adding in its place ``45 CFR 75.361''.
Sec. 136.104 [Amended]
0
94. Amend Sec. 136.104(a) by removing ``45 CFR part 74, subpart N''
and adding in its place ``45 CFR 75.206''.
Sec. 136.105 [Amended]
0
95. Amend Sec. 136.105(e) Note by removing ``45 CFR 74.15'' and adding
in its place ``45 CFR 75.304''.
Sec. 136.107 [Amended]
0
96. Amend Sec. 136.107 in paragraph (a) by removing ``subpart Q of 45
CFR part 74'' and adding in its place ``45 CFR part 75, subpart E'' and
in paragraph (b) Note by removing ``45 CFR 74.53'' and adding in its
place ``45 CFR 75.306''.
Sec. 136.110 [Amended]
0
97. Amend Sec. 136.110(b)(3) by removing ``subpart P of 45 CFR part
74'' and adding in its place ``45 CFR 75.326 through 75.340''.
Sec. 136.111 [Amended]
0
98. Amend Sec. 136.111 in the Note by removing ``45 CFR 74.47(a)'' and
adding in its place ``45 CFR 75.305(b)(9)''.
Sec. 136.114 [Amended]
0
99. Amend Sec. 136.114 by removing ``45 CFR part 74--Administration of
grants'' and ``45 CFR part 75--Informal grant appeals procedures'' and
adding in alphanumeric order ``45 CFR 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
Sec. 136.115 [Amended]
0
100. Amend Sec. 136.115 in the Note by removing ``45 CFR part 74,
subpart M'' and adding in its place ``45 CFR 75.371 through 75.385''.
Sec. 136.116 [Amended]
0
101. Amend Sec. 136.116 by removing ``subpart J of 45 CFR part 74''
and adding in its place ``45 CFR 75.341 through 75.360'' and in the
Note by removing ``45 CFR part 74'' and adding in its place ``45 CFR
part 75''.
[[Page 3011]]
Sec. 136.120 [Amended]
0
102. Amend Sec. 136.120 in the Note by removing ``45 CFR part 74'' and
adding in its place ``45 CFR part 75''.
Sec. 136.302 [Amended]
0
103. Amend Sec. 136.302(r) by removing ``45 CFR 74.3'' and adding in
its place ``45 CFR 75.2''.
Sec. 136.312 [Amended]
0
104. Amend Sec. 136.312(a) by removing ``45 CFR part 74, subpart N''
and adding in its place ``45 CFR 75.206''.
Sec. 136.314 [Amended]
0
105. Amend Sec. 136.314 by removing ``subpart Q of 45 CFR part 74''
and adding in its place ``45 CFR part 75, subpart E''.
Sec. 136.316 [Amended]
0
106. Amend Sec. 136.316 by removing ``45 CFR part 74, Administration
of grants'' and ``45 CFR part 75, Informal grant appeals procedures''
and adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards''.
PART 403--SPECIAL PROGRAMS AND PROJECTS
0
107. The authority citation for part 403 continues to read as follows:
Authority: 42 U.S.C. 1395b-3 and Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and 1395hh).
Sec. 403.512 [Amended]
0
108. Amend Sec. 403.512(a):
0
a. By removing from the first sentence ``45 CFR part 92 (``Uniform
Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments''), 45 CFR 74.4'' and adding in its place
``45 CFR part 75''; and
0
b. By removing from the second sentence ``45 CFR 74.4 or in part 92''
and adding in its place ``45 CFR part 75''.
PART 417--HEALTH MAINTENANCE ORGANIZATIONS, COMPETITIVE MEDICAL
PLANS, AND HEALTH CARE PREPAYMENT PLANS
0
109. The authority citation for part 417 continues to read as follows:
Authority: Secs. 1102 and 1871 of the Social Security Act (42
U.S.C. 1302 and 1395hh), secs. 1301, 1306, and 1310 of the Public
Health Service Act (42 U.S.C. 300e, 300e-5, and 300e-9), and 31
U.S.C. 9701.
Sec. 417.911 [Amended]
0
110. Amend Sec. 417.911 Small Capital Expenditure (1) by removing ``45
CFR 74.132'' and adding in its place ``45 CFR 75.2''.
PART 430--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS
0
111. The authority citation for part 430 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act (42 U.S.C.
1302).
Sec. 430.2 [Amended]
0
112. Amend Sec. 430.2(b) by removing ``Part 74--Administration of
Grants.'' and adding in alphanumeric order ``Part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards.''.
0
113. Revise Sec. 430.30(e) to read as follows:
Sec. 430.30 [Amended]
* * * * *
(e) General administrative requirements. With the following
exceptions, the provisions of 45 CFR 75, which establish uniform
administrative requirements and cost principles, apply to all grants
made to States under this subpart:
(1) Cost sharing or matching, 45 CFR 75.306; and
(2) Financial reporting, 45 CFR 75.341.
PART 433--STATE FISCAL ADMINISTRATION
0
114. The authority citation for part 433 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act, (42 U.S.C.
1302).
Sec. 433.112 [Amended]
0
115. Amend Sec. 433.112(b)(7) by removing ``45 CFR 74.27(a)'' and
adding in its place 45 CFR part 75, subpart E''.
Sec. 433.322 [Amended]
0
116. Amend Sec. 433.322 by removing ``45 CFR 92.42'' and adding in its
place 45 CFR 75.361 through 75.370''.
PART 434--CONTRACTS
0
117. The authority citation for part 434 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act (42 U.S.C.
1302).
Sec. 434.6 [Amended]
0
118. Amend Sec. 434.6(a)(1) by removing ``45 CFR part 74'' and adding
in its place ``45 CFR part 75''.
Sec. 434.70 [Amended]
0
119. Amend Sec. 434.70(a)(2) by removing ``45 CFR part 74'' and adding
in its place ``45 CFR part 75''.
PART 435--ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE
NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA
0
120. The authority citation for part 434 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act (42 U.S.C.
1302).
Sec. 435.407 [Amended]
0
121. Amend Sec. 435.407(j) by removing ``45 CFR 74.53'' and adding in
its place ``45 CFR 75.361''.
PART 436--ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS
0
122. The authority citation for part 436 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act (42 U.S.C.
1302).
Sec. 436.407 [Amended]
0
123. Amend Sec. 436.407(j) by removing ``45 CFR 74.53'' and adding in
its place ``45 CFR 75.361''.
PART 438--MANAGED CARE
0
124. The authority citation for part 438 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act (42 U.S.C.
1302).
Sec. 438.356 [Amended]
0
125. Amend Sec. 438.356(e) by removing ``45 CFR part 74'' and adding
in its place ``45 CFR part 75''.
PART 440--SERVICES: GENERAL PROVISIONS
0
126. The authority citation for part 440 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act (42 U.S.C.
1302).
Sec. 440.170 [Amended]
0
127. Amend Sec. 440.170(a)(4)(i)(A) by removing ``45 CFR 92.36(b)
through (i)'' and adding in its place ``45 CFR 75.326 through 75.340''.
PART 441--SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC
SERVICES
0
128. The authority citation for part 441 continues to read as follows:
Authority: Secs. 1102, 1902, and 1928 of the Social Security
Act (42 U.S.C. 1302).
Sec. 441.208 [Amended]
0
129. Amend Sec. 441.208 by removing ``45 CFR 74.20'' and adding in its
place ``45 CFR 75.361''.
[[Page 3012]]
Sec. 441.353 [Amended]
0
130. Amend Sec. 441.353(c)(3) by removing ``45 CFR part 74'' and
adding in its place ``45 CFR part 75''.
Sec. 441.484 [Amended]
0
131. Amend Sec. 441.484(a)(2) by removing ``45 CFR 74.40 through
74.48'' and adding in its place ``45 CFR 75.326 through 75.340''.
PART 456--UTILIZATION CONTROL
0
132. The authority citation for part 456 continues to read as follows:
Authority: Sec. 1102 of the Social Security Act (42 U.S.C.
1302), unless otherwise noted.
Sec. 456.722 [Amended]
0
133. Amend Sec. 456.722(c)(1) by removing ``45 CFR part 74, subpart P,
and appendix G-O of OMB circular A-102'' and adding in its place ``45
CFR 75.326 through 75.340''.
PART 457--ALLOTMENTS AND GRANTS TO STATES
0
134. The authority citation for part 457 continues to read as follows:
Authority: Section 1102 of the Social Security Act (42 U.S.C.
1302).
Sec. 457.230 [Amended]
0
135. Amend Sec. 457.230 by removing ``45 CFR part 74'' and adding in
its place ``45 CFR part 75''.
Sec. 457.628 [Amended]
0
136. Amend Sec. 457.628(b) by removing ``Part 74--Administration of
Grants (except as specifically excepted).'' and adding in alphanumeric
order ``45 CFR part 75--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS Awards (except as
specifically excepted).''.
0
137. Amend Sec. 457.630 in paragraph (f) introductory text by removing
``45 CFR part 74'' and adding in its place ``45 CFR part 75'' and
revising paragraphs (f)(1) and (2).
The revisions read as follows:
Sec. 457.630 Grants procedures.
* * * * *
(f) * * *
(1) Cost sharing or matching, 45 CFR 75.306; and
(2) Financial reporting, 45 CFR 75.341.
Sec. 457.940 [Amended]
0
138. Amend Sec. 457.940 in paragraph (b)(1) by removing ``45 CFR 74.43
or 45 CFR 92.36, as applicable'' and adding in its place ``45 CFR
75.326 through 75.340'' and in paragraph (d) by removing ``45 CFR part
74 or 45 CFR part 92, as applicable'' and adding in its place ``45 CFR
part 75''.
PART 1001--PROGRAM INTEGRITY--MEDICARE AND STATE HEALTH CARE
PROGRAMS
0
139. The authority citation for part 1001 continues to read as follows:
Authority: 42 U.S.C. 1302, 1320a-7, 1320a-7b, 1395u(j),
1395u(k), 1395w-104(e)(6), 1395y(d), 1395y(e), 1395cc(b)(2)(D), (E)
and (F), and 1395hh; and sec. 2455, Public Law 103-355, 108 Stat.
3327 (31 U.S.C. 6101 note).
Sec. 1001.952 [Amended]
0
140. Amend Sec. 1001.952(w)(7) by removing ``45 CFR 74.40 through
74.48'' and adding in its place ``45 CFR 75.326 through 75.340'' and
designating the undesignated paragraph following paragraph (w)(9) as
Note to paragraph (w).
Title 45--Public Welfare
PART 16--PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD
0
141. The authority citation for part 16 continues to read as follows:
Authority: 5 U.S.C. 301 and secs. 1, 5, 6, and 7 of
Reorganization Plan No. 1 of 1953, 18 FR 2053, 67 Stat. 631 and
authorities cited in the Appendix.
Sec. 16.1 [Amended]
0
142. Amend Sec. 16.1 by removing ``part 74 of this title'' and adding
in its place ``part 75 of this title''.
Sec. 16.2 [Amended]
0
143. Amend Sec. 16.2(b) by removing ``part 74 of this title'' and
adding in its place ``part 75 of this title''.
Sec. 16.3 [Amended]
0
144. Amend Sec. 16.3(b) by removing ``45 CFR 74.304'' and adding in
its place ``45 CFR 75.374''.
Sec. 16.7 [Amended]
0
145. Amend Sec. 16.7(a) by removing ``45 CFR 74.304'' and adding in
its place ``45 CFR 75.374''.
0
146. Amend Sec. 16.20 by revising paragraph (a) to read as follows:
Sec. 16.20 How to submit material to the Board.
(a) Submissions should be addressed to the Board's current mailing
address: Department of Health and Human Services, Departmental Appeals
Board, Appellate Division--MS 6127, 330 Independence Ave. SW., Cohen
Building--Rm. G-644, Washington, DC 20201; however, submissions to the
Board in certain types of cases may be made by electronic filing using
DAB E-File at https://dab.efile.hhs.gov. Changes to the mailing address
will be made available on the Board's Web site at www.hhs.gov/dab/divisions/appellate.
* * * * *
Sec. 16.22 [Amended]
0
147. Amend Sec. 16.22(b)(1) by removing ``see Sec. 74.114 of this
title'' and adding in its place ``see Sec. 75.371 of this title''.
PART 63--GRANT PROGRAMS ADMINISTERED BY THE OFFICE OF THE ASSISTANT
SECRETARY FOR PLANNING AND EVALUATION
0
148. The authority citation for part 63 continues to read as follows:
Authority: Sec. 602, Community Services Act (42 U.S.C. 2942);
sec. 1110, Social Security Act (42 U.S.C. 1310).
Sec. 63.8 [Amended]
0
149. Amend Sec. 63.8(c)(1) by removing ``Part 74 of this title,
establishing uniform administrative requirements and cost principles
for grants'' and adding in its place ``Part 75 of this title,
establishing uniform administrative requirements, cost principles and
audit requirements for grants''.
Sec. 63.34 [Amended]
0
150. Amend Sec. 63.34 by removing ``Sec. 74.114'' and adding in its
place ``Sec. 75.372''.
PART 75--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND
AUDIT REQUIREMENTS FOR HHS AWARDS
0
151. The authority citation for part 75 continues to read as follows:
Authority: 5 U.S.C. 301.
Sec. 75.1 Acronyms [Amended]
0
152. Amend Sec. 75.1 by removing ``COG Councils of Governments'' and
adding in its place ``COG Councils Of Governments''; adding in
alphabetical order ``FAPIIS Federal Awardee Performance and Integrity
Information System''; and removing ``SAM System for Award Management''
and adding in its place ``SAM System for Award Management (accessible
at https://www.sam.gov)''
0
153. Amend Sec. 75.2:
0
a. By revising paragraph (2) in the definition of ``Cognizant agency
for indirect costs;''
0
b. In the definition of ``Federal Audit Clearinghouse FAC'' by removing
``FAC'' and adding ``(FAC)'' in its place;
0
c. In the definition of ``Federal financial assistance'':
0
i. By revising paragraphs (1) introductory text and (2) introductory
text; and
0
ii. By redesignating paragraph (c) as paragraph (3).
[[Page 3013]]
0
d. By revising the terms ``GAAP'' and ``GAGAS'' to read ``Generally
Accepted Accounting Principles (GAAP)''and ``Generally Accepted
Government Auditing Standards (GAGAS),'' respectively, and
redesignating them in proper alphabetical order;
0
e. By revising the definitions of ``Improper payment,''
``Obligations,'' and ``Simplified acquisition threshold;'' and
0
f. Adding a definition of ``Working capital advance.''
The revisions and additions read as follows:
Sec. 75.2 Definitions.
* * * * *
Cognizant agency for indirect costs * * *
(2) For nonprofit organizations, Appendix IV to Part 75 C.2.a.
* * * * *
Federal financial assistance means
(1) Assistance that non-Federal entities receive or administer in
the form of:
* * * * *
(2) For Sec. 75.202 and Subpart F of this part, Federal financial
assistance also includes assistance that non-Federal entities receive
or administer in the form of:
* * * * *
Improper payment:
(1) Means any payment that should not have been made or that was
made in an incorrect amount (including overpayments and underpayments)
under statutory, contractual, administrative, or other legally
applicable requirements; and
(2) Includes any payment to an ineligible party, any payment for an
ineligible good or service, any duplicate payment, any payment for a
good or service not received (except for such payments where authorized
by law), any payment that does not account for credit for applicable
discounts, and any payment where insufficient or lack of documentation
prevents a reviewer from discerning whether a payment was proper.
* * * * *
Obligations, when used in connection with a non-Federal entity's
utilization of funds under a Federal award, obligations means orders
placed for property and services, contracts and subawards made, and
similar transactions during a given period that require payment by the
non-Federal entity during the same or a future period.
* * * * *
Simplified acquisition threshold means the dollar amount below
which a non-Federal entity may purchase property or services using
small purchase methods. Non-Federal entities adopt small purchase
procedures in order to expedite the purchase of items costing less than
the simplified acquisition threshold. The simplified acquisition
threshold is set by the Federal Acquisition Regulation at 48 CFR
subpart 2.1 and in accordance with 41 U.S.C. 1908. As of the
publication of this part, the simplified acquisition threshold is
$150,000, but this threshold is periodically adjusted for inflation.
See also Micro-purchase.
* * * * *
Working capital advance means a procedure whereby funds are
advanced to the recipient to cover its estimated disbursement needs for
a given initial period.
0
154. In Sec. 75.101:
0
a. Revise the table in paragraph (b)(1);
0
b. Revise paragraph (b)(2);
0
c. In paragraph (c), remove the reference ``Sec. 75.215: and add
``Sec. 75.217'' in its place; and
0
d. Revise paragraphs (d)(1) and (e)(1) introductory text.
The revisions read as follows:
Sec. 75.101 Applicability
* * * * *
(b) * * *
(1) * * *
------------------------------------------------------------------------
Are applicable to
the following
types of Federal Are NOT applicable to
awards and fixed- the following types
The following portions of the price contracts of Federal awards and
part: and subcontracts fixed-price contracts
(except as noted and subcontracts:
in paragraphs (d)
and (e) below):
------------------------------------------------------------------------
This table must be read along with the other provisions in this section
------------------------------------------------------------------------
Subpart A--Acronyms and --All............
Definitions.
Subpart B--General Provisions, --All............
except for Sec. Sec.
75.111, 75.112. and 75.113.
Sections 75.111, 75.112, and --Grant --Agreements for
75.113. agreements and loans, loan
cooperative guarantees, interest
agreements. subsidies and
insurance.
--Procurement
contracts awarded by
Federal Agencies
under the Federal
Acquisition
Regulations and
subcontracts under
these contracts.
Subparts C-D, except for Sec. --Grant --Agreements for
Sec. 75.202, 75.303, 75.351- agreements and loans, loan
.353. cooperative guarantees, interest
agreements. subsidies and
insurance.
--Procurement
contracts awarded
under the Federal
Acquisition
Regulations and cost-
reimbursement and
subcontracts under
these contracts.
Sec. 75.202................. --Grant --Procurement
Agreements and contracts awarded
cooperative under the Federal
agreements. Acquisition
--Agreements for Regulations and cost-
loans, loan reimbursement and
guarantees, subcontracts under
interest these contracts.
subsidies and
insurance.
Sec. Sec. 75.303, 75.351- --All............
.353.
Subpart E--Cost Principles.... --Grant --Grant agreements
agreements and and cooperative
cooperative agreements providing
agreements, food commodities.
except those --Fixed amount
providing food awards.
commodities. --Agreements for
--All procurement loans, loan
contracts under guarantees, interest
the Federal subsidies and
Acquisition insurance.
Regulations --Federal awards to
except those hospitals (See
that are not Appendix IX).
negotiated.
[[Page 3014]]
Subpart F--Audit Requirements. --Grant --Fixed-price
agreements and contracts and
cooperative subcontracts awarded
agreements. under the Federal
--Contracts and Acquisition
subcontracts, Regulation.
except for fixed
price contract
and
subcontracts,
awarded under
the Federal
Acquisition
Regulation.
--Agreements for
loans, loan
guarantees,
interest
subsidies and
insurance and
other forms of
Federal
Financial
Assistance as
defined by the
Single Audit Act
Amendment of
1996.
------------------------------------------------------------------------
(2) Federal award of cost-reimbursement contract under the FAR to a
non-Federal entity. When a non-Federal entity is awarded a cost-
reimbursement contract, only subpart D of this part Sec. Sec. 75.351
through 75.353 (in addition to any FAR related requirements for
subaward monitoring), Subpart E of this part and Subpart F of this part
are incorporated by reference into the contract. However, when the Cost
Accounting Standards (CAS) are applicable to the contract, they take
precedence over the requirements of this part except for subpart F of
this part when they are in conflict. In addition, costs that are made
unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a) as described
in the FAR subpart 31.2 and subpart 31.603 are always unallowable. For
requirements other than those covered in subpart D of this part,
Sec. Sec. 75.351 through 75.353, subpart E of this part and subpart F
of this part, the terms of the contract and the FAR apply.
* * * * *
(d) * * *
(1) The block grant awards authorized by the Omnibus Budget
Reconciliation Act of 1981 (including Community Services), except to
the extent that Subpart E of this Part apply to subrecipients of
Community Services Block Grant funds pursuant to 42 U.S.C.
9916(a)(1)(B);
* * * * *
(e) * * *
(1) Entitlement Federal awards to carry out the following programs
of the Social Security Act:
* * * * *
Sec. 75.102 [Amended]
0
155. Amend Sec. 75.102(b) by adding a comma after ``indirect costs''
and removing the second sentence.
Sec. 75.103 [Amended]
0
156. In Sec. 75.103, amend paragraphs (a) and (b) by adding
``Prescribing the Duties of the Office of Management and Budget and the
Domestic Policy Council in the Executive Office of the President''
after ``Executive Order 11541'' in each paragraph.
Sec. 75.104 [Amended]
0
157. Amend Sec. 75.104(a)(7) by adding closing quotation marks after
the word Organizations.
0
158. In Sec. 75.110, revise paragraph (a) to read as follows:
Sec. 75.110 Effective/Applicability date
(a) The standards set forth in this part which affect
administration of Federal awards issued by HHS agencies become
effective December 26, 2014 unless different provisions are required by
statute or approved by OMB. For the procurement standards in 45 CFR
75.326 through 75.355, non-Federal entities may continue to comply with
the procurement standards in previous OMB guidance (superseded by this
part as described in 45 CFR 75.104) for two additional fiscal years
after this part goes into effect. If a non-Federal entity chooses to
use the previous procurement standards for an additional two fiscal
years before adopting the procurement standards in this part, the non-
Federal entity must document this decision in their internal
procurement policies.
* * * * *
0
159. Amend Sec. 75.113 by adding a new second sentence to read as
follows:
Sec. 75.113 Mandatory disclosures.
* * * Non-Federal entities that have received a Federal award
including the term and condition outlined in Appendix XII are required
to report certain civil, criminal, or administrative proceedings to
SAM. * * *
Sec. 75.203 [Amended]
0
160. Amend Sec. 75.203(c)(5) by removing the last sentence.
0
161. Amend Sec. 75.205 by revising paragraph (a) to read as follows:
Sec. 75.205 [Amended]
(a) Review of OMB-designated repositories of governmentwide data.
(1) Prior to making a Federal award, the HHS awarding agency is
required by 31 U.S.C. 3321 and 41 U.S.C. 2313 note to review
information available through any OMB-designated repositories of
governmentwide eligibility qualification or financial integrity
information as appropriate. See also suspension and debarment
requirements at 2 CFR parts 180 and 376.
(2) In accordance 41 U.S.C. 2313, the HHS awarding agency is
required to review the publicly available information in the OMB-
designated integrity and performance system accessible through SAM
(currently the Federal Awardee Performance and Integrity Information
System (FAPIIS)) prior to making a Federal award where the Federal
share is expected to exceed the simplified acquisition threshold,
defined in 41 U.S.C. 134, over the period of performance. At a minimum,
the information in the system for a prior Federal award recipient must
demonstrate a satisfactory record of executing programs or activities
under Federal grants, cooperative agreements, or procurement awards;
and integrity
[[Page 3015]]
and business ethics. The HHS awarding agency may make a Federal award
to a recipient who does not fully meet these standards, if it is
determined that the information is not relevant to the current Federal
award under consideration or there are specific conditions that can
appropriately mitigate the effects of the non-Federal entity's risk in
accordance with Sec. 75.207.
* * * * *
Sec. 75.206 [Amended]
0
162. Amend Sec. 75.206(a) by adding ``, Controlling Paperwork Burdens
on the Public'' after ``5 CFR part 1320''.
Sec. 75.207 [Amended]
0
163. Amend Sec. 75.207(a)(4) by removing ``the'' and adding in its
place ``an''.
0
164. Amend Sec. 75.210:
0
a. In paragraph (a)(1) by removing ``their'' and adding in its place
``its'';
0
b. By adding paragraph (b)(1)(iii); and
0
c. By adding ``Preparation, Submission and Execution of the Budget''
after ``A-11'' in the last sentence of paragraph (d).
The addition reads as follows:
Sec. 75.210 Information contained in a Federal award.
* * * * *
(b) * * *
(1) * * *
(iii) Recipient integrity and performance matters. If the total
Federal share of the Federal award may include more than $500,000 over
the period of performance, the HHS awarding agency must include the
term and condition available in Appendix XII. See also Sec. 75.113.
* * * * *
0
165. In Sec. 75.211, revise paragraph (b) and add paragraph (c) to
read as follows:
Sec. 75.211 Public access to Federal award information.
* * * * *
(b) All information posted in the designated integrity and
performance system accessible through SAM (currently FAPIIS) on or
after April 15, 2011 will be publicly available after a waiting period
of 14 calendar days, except for:
(1) Past performance reviews required by Federal Government
contractors in accordance with the Federal Acquisition Regulation (FAR)
42.15;
(2) Information that was entered prior to April 15, 2011; or
(3) Information that is withdrawn during the 14-calendar day
waiting period by the Federal Government official.
(c) Nothing in this section may be construed as requiring the
publication of information otherwise exempt under the Freedom of
Information Act (5 U.S.C. 552), or controlled unclassified information
pursuant to Executive Order 13556.
Sec. Sec. 75.212 through 75.217 [Redesignated as Sec. Sec. 75.213
through 75.218]
0
166. Redesignate Sec. Sec. 75.212 through 75.217 as Sec. Sec. 75.213
through 75.218, respectively.
0
167. Add a new Sec. 75.212 to read as follows:
Sec. 75.212 Reporting a determination that a recipient is not
qualified for a Federal award.
(a) If an HHS awarding agency does not make a Federal award to a
non-Federal entity because the official determines that the non-Federal
entity does not meet either or both of the minimum qualification
standards as described in Sec. 75.205(a)(2), the HHS awarding agency
must report that determination to the designated integrity and
performance system accessible through SAM (currently FAPIIS), only if
all of the following apply:
(1) The only basis for the determination described in paragraph (a)
of this section is the non-Federal entity's prior record of executing
programs or activities under Federal awards or its record of integrity
and business ethics, as described in Sec. 75.205(a)(2), (i.e., the
entity was determined to be qualified based on all factors other than
those two standards), and
(2) The total Federal share of the Federal award that otherwise
would be made to the non-Federal entity is expected to exceed the
simplified acquisition threshold over the period of performance.
(b) The HHS awarding agency is not required to report a
determination that a non-Federal entity is not qualified for a Federal
award if it makes the Federal award to the non-Federal entity and
includes specific award terms and conditions, as described in Sec.
75.207.
(c) If an HHS awarding agency reports a determination that a non-
Federal entity is not qualified for a Federal award, as described in
paragraph (a) of this section, the HHS awarding agency also must notify
the non-Federal entity that--
(1) The determination was made and reported to the designated
integrity and performance system accessible through SAM, and include
with the notification an explanation of the basis for the
determination;
(2) The information will be kept in the system for a period of five
years from the date of the determination, as required by section 872 of
Public Law 110-417, as amended (41 U.S.C. 2313), then archived;
(3) Each HHS awarding agency that considers making a Federal award
to the non-Federal entity during that five year period must consider
that information in judging whether the non-Federal entity is qualified
to receive the Federal award when the total Federal share of the
Federal award is expected to include an amount of Federal funding in
excess of the simplified acquisition threshold over the period of
performance;
(4) The non-Federal entity may go to the awardee integrity and
performance portal accessible through SAM (currently the Contractor
Performance Assessment Reporting System (CPARS)) and comment on any
information the system contains about the non-Federal entity itself;
and
(5) HHS awarding agencies will consider that non-Federal entity's
comments in determining whether the non-Federal entity is qualified for
the future Federal award.
(d) If an HHS awarding agency enters information into the
designated integrity and performance system accessible through SAM
about a determination that a non-Federal entity is not qualified for a
Federal award and subsequently:
(1) Learns that any of that information is erroneous, the HHS
awarding agency must correct the information in the system within three
business days;
(2) Obtains an update to that information that could be helpful to
other Federal awarding agencies, the HHS awarding agency is strongly
encouraged to amend the information in the system to incorporate the
update in a timely way.
(e) HHS awarding agencies shall not post any information that will
be made publicly available in the non-public segment of the designated
integrity and performance system that is covered by a disclosure
exemption under the Freedom of Information Act. If the recipient
asserts within seven calendar days to the HHS awarding agency that
posted the information that some or all of the information made
publicly available is covered by a disclosure exemption under the
Freedom of Information Act, the HHS awarding agency that posted the
information must remove the posting within seven calendar days of
receiving the assertion. Prior to reposting the releasable information,
the HHS awarding agency must resolve the issue in accordance with the
agency's Freedom of Information Act procedures.
[[Page 3016]]
Sec. 75.213 [Amended]
0
168. In newly redesignated Sec. 75.213, remove ``and contractors''
after ``entities'' in the first sentence.
0
169. In Sec. 75.305, revise the last sentence in paragraph (b)
introductory text and revise paragraphs (b)(6)(ii) and (b)(9)
introductory text to read as follows:
Sec. 75.305 Payment.
(b) * * * Except as noted elsewhere in this part, HHS awarding
agencies must require recipients to use only OMB-approved standard
governmentwide information collection requests to request payment.
* * * * *
(6) * * *
(ii) The non-Federal entity is delinquent in a debt to the United
States as defined in OMB Guidance A-129 ``Policies for Federal Credit
Programs and Non-Tax Receivables.''
* * * * *
(9) Interest earned amounts up to $500 per year may be retained by
the non-Federal entity for administrative expense. Any additional
interest earned on Federal advance payments deposited in interest-
bearing accounts must be remitted annually to the Department of Health
and Human Services Payment Management System (PMS) through an
electronic medium using either Automated Clearing House (ACH) network
or a Fedwire Funds Service payment. Remittances must include pertinent
information of the payee and nature of the payment in the memo area
(often referred to as ``addenda records'' by Financial Institutions) as
that will assist in the timely posting of interest earned on federal
funds. Pertinent details include the Payee Account Number (PAN) if the
payment originated from PMS, or Agency information, if the payment
originated from ASAP, NSF or another federal agency payment system. The
remittance must be submitted as follows:
* * * * *
Sec. 75.306 [Amended]
0
170. Amend Sec. 75.306(c) by adding ``only with prior approval of the
HHS awarding agency'' at the end of the first sentence.
Sec. 75.307 [Amended]
0
171. Amend Sec. 75.307(e) by removing ``75.215'' and adding in its
place ``75.216''.
0
172. In Sec. 75.308, revise paragraph (c) to read as follows:
Sec. 75.308 Revision of budget and program plans.
* * * * *
(c)(1) For non-construction Federal awards, recipients must request
prior approvals from HHS awarding agencies for one or more of the
following program or budget-related reasons:
(i) Change in the scope or the objective of the project or program
(even if there is no associated budget revision requiring prior written
approval).
(ii) Change in a key person specified in the application or the
Federal award.
(iii) The disengagement from the project for more than three
months, or a 25 percent reduction in time devoted to the project, by
the approved project director or principal investigator.
(iv) The inclusion, unless waived by the HHS awarding agency, of
costs that require prior approval in accordance with subpart E of this
part, or Appendix IX of this part, or 48 CFR part 31, as applicable.
(v) The transfer of funds budgeted for participant support costs as
defined in Sec. 75.2 to other categories of expense.
(vi) Unless described in the application and funded in the approved
Federal awards, the subawarding, transferring or contracting out of any
work under a Federal award, including fixed amount subawards as
described in Sec. 75.353. This provision does not apply to the
acquisition of supplies, material, equipment or general support
services.
(vii) Changes in the approved cost-sharing or matching provided by
the non-Federal entity.
(viii) The need arises for additional Federal funds to complete the
project.
(ix) The inclusion of research patient care costs in research
awards made for the performance of research work.
(x) The provision of subawards by a pass-through entity on fixed
amounts up to the Simplified Acquisition Threshold, provided that the
subawards meet the requirements for fixed amount awards in Sec.
75.201. See Sec. 75.353.
(xi) The recipient wishes to dispose of, replace, or encumber title
to real property, equipment, or intangible property that are acquired
or improved with a Federal award. See Sec. Sec. 75.318, 75.320,
75.322, and 75.323.
(2) No other prior approval requirements for specific items may be
imposed unless an exception has been approved by OMB. See also
Sec. Sec. 75.102 and 75.407.
* * * * *
Sec. 75.322 [Amended]
0
173. Amend Sec. 75.322(d)(2) by adding ``for Federal purposes'' at the
end.
Sec. 75.327 [Amended]
0
174. Amend Sec. 75.327(h) by removing the third sentence and the
parenthetical reference and adding a new last sentence.
The addition reads as follows:
Sec. 75.327 General procurement standards.
* * * * *
(h) * * * See also Sec. 75.213.
* * * * *
Sec. 75.329 [Amended]
0
175. In Sec. 75.329, paragraph (c)(2)(i) and (iii), remove ``state''
and remove ``publically'' and add in its place ``publicly''.
0
176. In Sec. 75.351, revise the last sentence of paragraph (b)
introductory text to read as follows:
Sec. 75.351 Subrecipient and contractor determinations.
* * * * *
(b) * * * Characteristics indicative of a procurement relationship
between the non-Federal entity and a contractor are when the
contractor:
* * * * *
0
177. In Sec. 75.352, revise paragraphs (a)(1)(i), (iv), (vi), (vii),
(viii), and (x) and (a)(2) and (4) to read as follows:
Sec. 75.352 Requirement for pass-through entities.
* * * * *
(a) * * *
(1) * * *
(i) Subrecipient name (which must match the name associated with
its unique entity identifier;
* * * * *
(iv) Federal Award Date (see Sec. 75.2 Federal award date) of
award to the recipient by the HHS awarding agency;
* * * * *
(vi) Amount of Federal Funds Obligated by this action by the pass-
through entity to the subrecipient;
(vii) Total Amount of Federal Funds Obligated to the subrecipient
by the pass-through entity including the current obligation;
(viii) Total Amount of the Federal Award committed to the
subrecipient by the pass-through entity;
* * * * *
(x) Name of HHS awarding agency, pass-through entity, and contract
information for awarding official of the pass-through entity;
* * * * *
(2) All requirements imposed by the pass-through entity on the
subrecipient so that the Federal award is used in accordance with
Federal statutes, regulations and the terms and conditions of the
Federal award;
* * * * *
(4) An approved federally recognized indirect cost rate negotiated
between the subrecipient and the Federal Government or, if no such rate
exists,
[[Page 3017]]
either a rate negotiated between the pass-through entity and the
subrecipient (in compliance with this part), or a de minimis indirect
cost rate as defined in Sec. 75.414(f);
* * * * *
0
178. Revise Sec. 75.363 to read as follows:
Sec. 75.363 Methods for collection, transmission and storage of
information.
In accordance with the May 2013 Executive Order on Making Open and
Machine readable the New Default for Government Information, the HHS
awarding agency and the non-Federal entity should, whenever
practicable, collect, transmit, and store Federal award-related
information in open and machine readable formats rather than in closed
formats or on paper.
0
179. In Sec. 75.372, revise paragraphs (a)(1) and (b) and add
paragraph (c) to read as follows:
Sec. 75.372 Termination.
* * * * *
(a) * * *
(1) By the HHS awarding agency or pass-through entity, if the non-
Federal entity fails to comply with the terms and conditions of the
award;
* * * * *
(b) When an HHS awarding agency terminates a Federal award prior to
the end of the period of performance due to the non-Federal entity's
material failure to comply with the Federal award terms and conditions,
the HHS awarding agency must report the termination to the OMB-
designated integrity and performance system accessible through SAM
(currently FAPIIS).
(1) The information required under this paragraph (b) is not to be
reported to the designated integrity and performance system until after
the non-Federal entity either--
(i) Has exhausted its opportunities to object or challenge the
decision, see Sec. 75.374; or
(ii) Has not, within 30 calendar days after being notified of the
termination, informed the HHS awarding agency that it intends to appeal
the HHS awarding agency's decision to terminate.
(2) If an HHS awarding agency, after entering information into the
designated integrity and performance system about a termination,
subsequently:
(i) Learns that any of the information is erroneous, the HHS
awarding agency must correct the information in the system within three
business days;
(ii) Obtains an update to that information that could be helpful to
other Federal awarding agencies, the HHS awarding agency is strongly
encouraged to amend the information in the system to incorporate the
update in a timely way;
(3) HHS awarding agencies shall not post any information that will
be made publicly available in the non-public segment of the designated
integrity and performance system that is covered by a disclosure
exemption under the Freedom of Information Act. If the non-Federal
entity asserts within seven calendar days to the HHS awarding agency
who posted the information, that some of the information made publicly
available is covered by a disclosure exemption under the Freedom of
Information Act, the HHS awarding agency who posted the information
must remove the posting within seven calendar days of receiving the
assertion. Prior to reposting the releasable information, the HHS
agency must resolve the issue in accordance with the agency's Freedom
of Information Act procedures.
(c) When a Federal award is terminated or partially terminated,
both the HHS awarding agency or pass-through agency and the non-Federal
entity remain responsible for compliance with the requirements of
Sec. Sec. 75.381 through 75.390.
0
180. In Sec. 75.373, revise paragraph (b) to read as follows:
Sec. 75.373 Notification of termination requirement.
* * * * *
(b) If the Federal award is terminated for the non-Federal entity's
material failure to comply with the Federal statutes, regulations, or
terms and conditions of the Federal award, the notification must state
that--
(1) The termination decision will be reported to the OMB-designated
integrity and performance system accessible through SAM (currently
FAPIIS);
(2) The information will be available in the OMB-designated
integrity and performance system for a period of five years from the
date of the termination, then archived;
(3) HHS awarding agencies that consider making a Federal award to
the non-Federal entity during that five year period must consider that
information in judging whether the non-Federal entity is qualified to
receive the Federal award, when the Federal share of the Federal award
is expected to exceed the simplified acquisition threshold over the
period of performance;
(4) The non-Federal entity may comment on any information the OMB-
designated integrity and performance system contains about the non-
Federal entity for future consideration by HHS awarding agencies. The
non-Federal entity may submit comments to the awardee integrity and
performance portal accessible through SAM (currently CPARS).
(5) Federal awarding agencies will consider non-Federal entity
comments when determining whether the non-Federal entity is qualified
for a future Federal award.
* * * * *
Sec. 75.409 [Amended]
0
181. Amend Sec. 75.409 introductory text by removing ``subpart,
certain sections in this subpart'' and adding in its place ``subtitle,
other subtitles in this part''.
0
182. In Sec. 75.414, revise paragraph (e)(3) to read as follows:
Sec. 75.414 Indirect (F&A) costs.
* * * * *
(e) * * *
(3) Appendix V to Part 75--State/Local Governmentwide Central
Service Cost Allocation Plans;
* * * * *
Sec. 75.419 [Amended]
0
183. In Sec. 75.419, amend paragraph (b) introductory text by removing
``its'' and adding in its place ``their'' before ``cost accounting
practices''.
0
184. In Sec. 75.431, amend paragraph (h)(3) by removing ``Federal
Government's'' and adding in its place ``non-Federal entity'' and
revise paragraphs (i)(1) and (j).
The revisions read as follows:
Sec. 75.431 Compensation--fringe benefits.
* * * * *
(i) Severance pay. (1) Severance pay, also commonly referred to as
dismissal wages, is a payment in addition to regular salaries and
wages, by non-Federal entities to workers whose employment is being
terminated. Costs of severance pay are allowable only to the extent
that in each case, it is required by:
(i) Law;
(ii) Employer-employee agreement;
(iii) Established policy that constitutes, in effect, an implied
agreement on the non-Federal entity's part; or
(iv) Circumstances of the particular employment.
* * * * *
(j) For IHEs only. (1) Fringe benefits in the form of undergraduate
and graduate tuition or remission of tuition for individual employees
are allowable, provided such benefits are granted in accordance with
established non-federal entity policies, and are distributed to all
non-Federal entity activities on an equitable basis. Tuition benefits
for
[[Page 3018]]
family members other than the employee are unallowable.
(2) Fringe benefits in the form of tuition or remission of tuition
for individual employees not employed by IHEs are limited to the tax-
free amount allowed per section 127 of the Internal Revenue Code as
amended.
(3) IHEs may offer employees tuition waivers or tuition reductions,
provided that the benefit does not discriminate in favor of highly
compensated employees. Employees can exercise these benefits at other
institutions according to institutional policy. See Sec. 75.466 for
treatment of tuition remission provided to students.
* * * * *
0
185. Amend Sec. 75.439, by adding paragraph (b)(7) to read as follows:
Sec. 75.439 Equipment and other capital expenditures.
* * * * *
(b) * * *
(7) Equipment and other capital expenditures are unallowable as
indirect costs. See Sec. 75.436.
Sec. 75.448 [Amended]
0
186. Amend Sec. 75.448(b)(3) by removing ``there'' and adding in its
place ``thereto''.
Sec. 75.449 [Amended]
0
187. In Sec. 75.449, amend paragraph (b)(1) by removing ``are defined
in'' and adding in its place ``is defined as noted in'', and in
paragraph (e) by removing ``September 23'' and adding in its place
``July 1''.
Sec. 75.450 [Amended]
0
188. Amend Sec. 75.450(c)(2)(iv) by removing ``IRC secs.'' and adding
in its place ``I.R.C. sections''.
0
189. Revise Sec. 75.456 to read as follows:
Sec. 75.456 Participant support costs.
Participant support costs as defined in Sec. 75.2 are allowable
with the prior approval of the HHS awarding agency.
Sec. 75.459 [Amended]
0
190. In Sec. 75.459, amend the section heading by removing
``services'' and adding in its place ``service''.
0
191. In Sec. 75.461, add paragraph (b)(3) to read as follows:
Sec. 75.461 Publication and printing costs.
* * * * *
(b) * * *
(3) The non-Federal entity may charge the Federal award before
closeout for the costs of publication or sharing of research results if
the costs are not incurred during the period of performance of the
Federal award.
* * * * *
Sec. 75.465 [Amended]
0
192. Amend Sec. 75.465(c) introductory text by removing the
parentheses around ``as explained in paragraph (b) of this section''.
Sec. 75.474 [Amended]
0
193. Amend Sec. 75.474(d) by adding ``(``Travel and Subsistence
Expenses: Mileage Allowance'')'' after ``5 U.S.C. 5701-11''.
Sec. 75.501 [Amended]
0
194. Amend Sec. 75.501(k) by removing ``Sec. 75.215'' and adding in
its place ``Sec. 75.216''.
Sec. 75.515 [Amended]
0
195. Amend Sec. 75.515(b) by removing ``or'' and adding in its place
``and'' before ``award agreements'' in the first sentence.
0
196. In Appendix I to Part 75:
0
a. In section E:
0
i. Redesignate paragraph 3 as paragraph 4 and revise it; and
0
ii. Add a new paragraph 3;
0
b. In section F, revise paragraph 3.
The addition and revisions read as follows:
Appendix I to Part 75--Full Text of Notice of Funding Opportunity
* * * * *
E. * * *
3. For any Federal award under a notice of funding opportunity,
if the HHS awarding agency anticipates that the total Federal share
will be greater than the simplified acquisition threshold on any
Federal award under a notice of funding opportunity may include,
over the period of performance (see Sec. 75.2 Simplified
Acquisition Threshold), this section must also inform applicants:
i. That the HHS awarding agency, prior to making a Federal award
with a total amount of Federal share greater than the simplified
acquisition threshold, is required to review and consider any
information about the applicant that is in the designated integrity
and performance system accessible through SAM (currently FAPIIS)
(see 41 U.S.C. 2313);
ii. That an applicant, at its option, may review information in
the designated integrity and performance systems accessible through
SAM and comment on any information about itself that the HHS
awarding agency previously entered and is currently in the
designated integrity and performance system accessible through SAM;
iii. That the HHS awarding agency will consider any comments by
the applicant, in addition to the other information in the
designated integrity and performance system, in making a judgment
about the applicant's integrity, business ethics, and record of
performance under Federal awards when completing the review of risk
posed by applicants as described in Sec. 75.205.
4. Anticipated Announcement and Federal Award Dates--Optional.
This section is intended to provide applicants with information they
can use for planning purposes. If there is a single application
deadline followed by the simultaneous review of all applications,
the HHS awarding agency can include in this section information
about the anticipated dates for announcing or notifying successful
and unsuccessful applicants and for having Federal awards in place.
If applications are received and evaluated on a ``rolling'' basis at
different times during an extended period, it may be appropriate to
give applicants an estimate of the time needed to process an
application and notify the applicant of the HHS awarding agency's
decision.
F. * * *
3. Reporting--Required. This section must include general
information about the type (e.g., financial or performance),
frequency, and means of submission (paper or electronic) of post-
Federal award reporting requirements. Highlight any special
reporting requirements for Federal awards under this funding
opportunity that differ (e.g., by report type, frequency, form/
format, or circumstances for use) from what the HHS awarding
agency's Federal awards usually require. HHS agencies must also
describe in this section all relevant requirements such as those at
2 CFR 180.335 and 2 CFR 180.350. If the Federal share of any Federal
award may include more than $500,000 over the period of performance,
this section must inform potential applicants about the post award
reporting requirements in Appendix XII.
* * * * *
0
197. Amend Appendix III to Part 75 as follows:
0
a. Add ``(IHEs)'' at the end of the appendix heading;
0
b. Redesignate paragraph A.1.b.(3) as paragraph A.1.a.(3);
0
c. In section C, by adding `` ``Equal Employment Opportunity (30 FR
12319, 12935, 3 CFR 1964-1965 Comp., p. 339)'' after ``Executive Order
11246''; and adding `` ``Amending Executive Order 11246 Relating to
Equal Employment Opportunity,'' '' after ``Executive Order 11375''; and
0
d. In Section C.7, redesignate first paragraph as ``a.'' and revise the
first sentence.
The revision reads as follows:
Appendix III to Part 75--Indirect (F&A) Costs, Identification and
Assignment, and Rate Determination for Institutions of Higher Education
(IHEs)
* * * * *
C. * * *
7. a. Except as provided in paragraph (c)(1) of Sec. 75.414,
HHS agencies must use the negotiated rates in effect at the time of
the initial award throughout the life of the Federal award. * * *
* * * * *
0
198. Amend Appendix IV to Part 75 as follows:
0
a. In Section A., designate the second paragraph as Section A.2. and
revise it;
0
b. In Section B.2.c, remove ``contracts or'' and add in its place
``as'';
[[Page 3019]]
0
c. In Section B.2.e. amend the first sentence by removing ``Federal
Funding of direct costs'' and add in its place ``direct Federal
funding'' and remove ``section A.3. of this Appendix'' and add in its
place ``Sec. 75.414(a)'';
0
d. In Section B.3.g. amend the last sentence by removing ``section A.3
of this Appendix'' and adding in its place ``Sec. 75.414(a)'';
0
e. In Section C.2.b. amend the first sentence by removing ``(e)'' and
add in its place ``(f)'';
0
f. In Section C.2.c. amend the first sentence by removing ``(f)'' and
add in its place ``(g)'';
0
g. In Section D.1. amend the first sentence by removing ``subsection
b'' and add, in its place with ``subsection 2''; and
0
h. In Section D.2. introductory text, remove the subject
heading``Certificate.''
The revision reads as follows:
Appendix IV to Part 75--Indirect (F&A) Costs Identification and
Assignment, and Rate Determination for Nonprofit Organizations
* * * * *
2. ``Major nonprofit organizations'' are defined in Sec.
75.414(a). See indirect cost rate reporting requirements in sections
B.2.e and B.3.g. of this appendix
* * * * *
0
199. Amend Appendix V to Part 75 as follows:
0
a. In Section A.2. by adding ``or at their Web site at'' after ``Cost
Allocation Services''; and
0
b. Revise Section E.2.
The revision reads as follows:
Appendix V to Part 75--State/Local Governmentwide Central Service Cost
Allocation Plans
* * * * *
2. Allocated Central Services. For each allocated central
service*, the plan must also include the following: a brief
description of the service, an identification of the unit rendering
the service and the operating agencies receiving the service, the
items of expense included in the cost of the service, the method
used to distribute the cost of the service to benefitted agencies,
and a summary schedule showing the allocation of each service to the
specific benefitted agencies. If any self-insurance funds or fringe
benefits costs are treated as allocated (rather than billed) central
services, documentation discussed in subsections 3.b. and c. must
also be included.
* * * * *
Appendix VII to Part 75--[Amended]
0
200. Amend Appendix VII to Part 75, Section A.3. by adding ``or at
their Web site'' after ``Cost Allocation Services'' in the last
sentence.
Appendix VIII to Part 75--[Amended]
0
201. Amend Appendix VIII by designating each of the listed
organizations as numbers 1 through 33.
Appendix X to Part 75--[Amended]
0
202. Amend Appendix X by removing ``https://harvester.census.gov/facweb/Default.aspx''.
Appendix XI to Part 75--[Amended]
0
203. Amend Appendix XI by adding ``e.g., for 2013 here:'' in the
parentheses before http''.
0
204. Add Appendix XII to Part 75 to read as follows:
Appendix XII--Award Term and Conditions for Recipient Integrity and
Performance Matters
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active grants, cooperative
agreements, and procurement contracts from all Federal awarding
agencies exceeds $10,000,000 for any period of time during the
period of performance of this Federal award, then you as the
recipient during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that
is made available in the designated integrity and performance system
(currently the Federal Awardee Performance and Integrity Information
System (FAPIIS)) about civil, criminal, or administrative
proceedings described in paragraph 2 of this award term and
condition. This is a statutory requirement under section 872 of
Public Law 110-417, as amended (41 U.S.C. 2313). As required by
section 3010 of Public Law 111-212, all information posted in the
designated integrity and performance system on or after April 15,
2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of a grant,
cooperative agreement, or procurement contract from the Federal
Government;
b. Reached its final disposition during the most recent five
year period; and
c. If one of the following:
(1) A criminal proceeding that resulted in a conviction, as
defined in paragraph 5 of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and
liability and payment of a monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5 of
this award term and condition, that resulted in a finding of fault
and liability and your payment of either a monetary fine or penalty
of $5,000 or more or reimbursement, restitution, or damages in
excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
(i) It could have led to an outcome described in paragraph
2.c.(1), (2), or (3) of this award term and condition;
(ii) It had a different disposition arrived at by consent or
compromise with an acknowledgement of fault on your part; and
(iii) The requirement in this award term and condition to
disclose information about the proceeding does not conflict with
applicable laws and regulations.
3. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM
requires about each proceeding described in paragraph 2 of this
award term and condition. You do not need to submit the information
a second time under assistance awards that you received if you
already provided the information through SAM because you were
required to do so under Federal procurement contracts that you were
awarded.
4. Reporting Frequency
During any period of time when you are subject to this
requirement in paragraph 1 of this award term and condition, you
must report proceedings information through SAM for the most recent
five year period, either to report new information about any
proceeding(s) that you have not reported previously or affirm that
there is no new information to report. Recipients that have Federal
contract, grant, and cooperative agreement awards with a cumulative
total value greater than $10,000,000 must disclose semiannually any
information about the criminal, civil, and administrative
proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that
is adjudicatory in nature in order to make a determination of fault
or liability (e.g., Securities and Exchange Commission
Administrative proceedings, Civilian Board of Contract Appeals
proceedings, and Armed Services Board of Contract Appeals
proceedings). This includes proceedings at the Federal and State
level but only in connection with performance of a Federal contract
or grant. It does not include audits, site visits, corrective plans,
or inspection of deliverables.
b. Conviction, for purposes of this award term and condition,
means a judgment or conviction of a criminal offense by any court of
competent jurisdiction, whether entered upon a verdict or a plea,
and includes a conviction entered upon a plea of nolo contendere.
c. Total value of currently active grants, cooperative
agreements, and procurement contracts includes--
(1) Only the Federal share of the funding under any Federal
award with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal
award and options, even if not yet exercised
B. [Reserved]
[[Page 3020]]
PART 87--EQUAL TREATMENT FOR FAITH-BASED ORGANIZATIONS
0
205. The authority citation for part 87 continues to read as follows:
Authority: 5 U.S.C. 301.
Sec. 87.1 [Amended]
0
206. Amend Sec. 87.1(b) in the last sentence by removing ``45 CFR
parts 74, 92, and 96'' and adding in its place ``45 CFR parts 75 and
96''.
Sec. 87.2 [Amended]
0
207. Amend Sec. 87.2(b) in the last sentence by removing ``45 CFR
parts 74, 92, and 96'' and adding in its place ``45 CFR parts 75 and
96''.
PART 95--GENERAL ADMINISTRATION--GRANT PROGRAMS (PUBLIC ASSISTANCE,
MEDICAL ASSISTANCE AND STATE CHILDREN'S HEALTH INSURANCE PROGRAMS)
0
208. The authority citation for part 95 continues to read as follows:
Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a),
652(d), 654A, 671(a), 1302, and 1396a(a).
Sec. 95.613 [Amended]
0
209. Amend Sec. 95.613(a) in the first sentence by removing ``part
92'' and adding in its place ``part 75'' and in the second sentence by
removing ``Sec. 92.36(c)'' and adding in its place ``Sec. 75.328''.
Sec. 95.621 [Amended]
0
210. Amend Sec. 95.621(d) by removing ``part 92'' and adding in its
place ``part 75''.
Sec. 95.705 [Amended]
0
211. Amend Sec. 95.705(a) in the last sentence by removing ``part 92''
and adding in its place ``part 75''.
Sec. 95.707 [Amended]
0
212. Amend Sec. 95.707(a) by removing ``Sec. 92.32, Equipment'' and
adding in its place ``Sec. 75.320''.
PART 98--CHILD CARE AND DEVELOPMENT FUND
0
213. The authority citation for part 98 continues to read as follows:
Authority: 42 U.S.C. 618, 9858.
Sec. 98.60 [Amended]
0
214. Amend Sec. 98.60(d)(4)(ii) by removing ``45 CFR 92.3, Obligations
and Outlays (expenditures)'' and adding in its place ``45 CFR 75.2''.
Sec. 98.84 [Amended]
0
215. Amend Sec. 98.84:
0
a. In paragraph (d)(1) by removing ``45 CFR 92.31'' and adding in its
place ``45 CFR 75.318'';
0
b. In paragraph (d)(2) by removing ``45 CFR 92.31(c)'' and adding in
its place 45 CFR 75.318(c)'';
0
c. In paragraph (d)(3) by removing ``45 CFR 92.31(a)'' and adding in
its place 45 CFR 75.318(a)'';
0
d. in paragraph (d)(4) by removing ``45 CFR 92.22'' and adding in its
place ``45 CFR part 75, subpart E'';
0
e. In paragraph (d)(5) by removing ``45 CFR 92.25'' and adding in its
place ``45 CFR 75.307''; and
0
f. In paragraph (d)(6) by removing ``45 CFR 92.36'' and adding in its
place ``45 CFR 75.326 through 75.340''.
PART 261--ENSURING THAT RECIPIENTS WORK
0
216. The authority citation for part 261 continues to read as follows:
Authority: 42 U.S.C. 601, 602, 607, and 609; P.L. 109-171.
0
217. Amend Sec. 261.64(c) by removing ``the single audit under OMB
Circular A-133'' and adding in its place ``45 CFR part 75, subpart F''.
PART 262--ACCOUNTABILITY PROVISIONS--GENERAL
0
218. The authority citation for part 262 continues to read as follows:
Authority: 31 U.S.C. 7501 et seq.; 42 U.S.C. 606, 609, and 610;
Pub. L. 109-171.
0
219. Amend Sec. 262.3 in paragraph (a) by removing ``OMB Circular A-
133'' and adding in its place ``45 CFR part 75, subpart F'' and in
paragraph (f) by removing ``Sec. 92.42 of this title'' and adding in
its place ``45 CFR 75.361 through 75.370''.
PART 263--EXPENDITURES OF STATE AND FEDERAL TANF FUNDS
0
220. The authority citation for part 263 continues to read as follows:
Authority: 42 U.S.C. 604, 607, 609, and 862a; Pub. L. 109-171.
Sec. 263.2 [Amended]
0
221. Amend Sec. 263.2(e)(1) by removing ``45 CFR 92.3 and 92.24'' and
adding in its place ``45 CFR 75.2 and 75.306''.
Sec. 263.11 [Amended]
0
222. Amend Sec. 263.11(b) by removing ``the provisions of part 92 of
this title, or OMB Circular A-87'' and adding in its place ``or part 75
of this title''.
0
223. Amend Sec. 263.14 by removing ``OMB Circular A-87 (2 CFR part
225)'' and adding in its place ``subpart E of part 75 of this title''.
PART 265--DATA COLLECTION AND REPORTING REQUIREMENTS
0
224. The authority citation for part 265 continues to read as follows:
Authority: 42 U.S.C. 603, 605, 607, 609, 611, and 613; Pub. L.
109-171.
Sec. 265.7 [Amended]
0
225. Amend Sec. 265.7 in paragraph (d)(4) by removing ``Sec. 92.20(a)
of this title'' and adding in its place ``Sec. 75.302(a) of this
title'' and in paragraph (f) by removing ``Sec. 92.42 of this title''
and adding in its place ``Sec. Sec. 75.361 through 75.370 of this
title''.
PART 286--TRIBAL TANF PROVISIONS
0
226. The authority citation for part 286 continues to read as follows:
Authority: 42 U.S.C. 601, 604, and 612; Public Law 111-5.
Sec. 286.30 [Amended]
0
227. Amend Sec. 286.30 in paragraph (c) by removing ``45 CFR part 92''
and adding in its place ``45 CFR part 75'' and in paragraph (f)(2) by
removing ``45 CFR part 92 and OMB Circulars A-87 and A-133'' and adding
in its place ``45 CFR part 75''.
Sec. 286.45 [Amended]
0
228. Amend Sec. 286.45 in paragraph (c) by removing ``OMB Circular A-
87'' and adding in its place ``45 CFR part 75, subpart E'' and in
paragraph (d) by removing ``OMB Circular A-133 and in 45 CFR part 92''
and adding in its place ``45 CFR part 75''.
Sec. 286.200 [Amended]
0
229. Amend Sec. 286.200(b) by removing ``45 CFR part 92, OMB Circulars
A-87 and A-133'' and adding in its place ``45 CFR part 75''.
Sec. 286.205 [Amended]
0
230. Amend Sec. 286.205 in paragraph (b)(3)(iv) by removing ``45 CFR
part 92 and all relevant OMB circulars'' and adding in its place ``45
CFR part 75'' and in paragraph (c) by removing ``45 CFR part 92 and all
relevant OMB circulars'' and adding in its place ``45 CFR part 75''.
Sec. 286.270 [Amended]
0
231. Amend Sec. 286.270(b) by removing ``45 CFR part 92, OMB Circulars
A-87 and A-133'' and adding in its place ``45 CFR part 75''.
PART 287--THE NATIVE EMPLOYMENT WORKS (NEW) PROGRAM
0
232. The authority citation for part 287 continues to read as follows:
[[Page 3021]]
Authority: 42 U.S.C. 612.
Sec. 287.60 [Amended]
0
233. Amend Sec. 287.60 in paragraph (a) by removing ``45 CFR 92.41''
and adding in its place 45 CFR 75.341'' and in paragraph (b) by
removing 45 CFR 92.26'' and adding in its place ``45 CFR part 75,
subpart F''.
PART 301--STATE PLAN APPROVAL AND GRANT PROCEDURES
0
234. The authority citation for part 301 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667,
1301, and 1302.
Sec. 301.15 [Amended]
0
235. Amend Sec. 301.15 by revising paragraph (e) to read as follows:
Sec. 301.15 Grants.
* * * * *
(e) General administrative requirements. With the following
exceptions, the provisions of part 75 of this title, establishing
uniform administrative requirements and cost principles, shall apply to
all grants made to States under this part:
45 CFR Part 75
45 CFR 75.306 Cost sharing or matching.
45 CFR 75.341 Financial reporting.
* * * * *
PART 302--STATE PLAN REQUIREMENTS
0
236. The authority citation for part 302 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667,
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
Sec. 302.14 [Amended]
0
237. Amend Sec. 302.14 by removing ``45 CFR part 74'' and adding in
its place ``45 CFR part 75''.
Sec. 302.15 [Amended]
0
238. Amend Sec. 302.15(a)(7) by removing ``45 CFR part 74'' and adding
in its place ``45 CFR part 75''.
PART 303--STANDARDS FOR PROGRAM OPERATIONS
0
239. The authority citation for part 303 continues to read as follows:
Authority: 42 U.S.C. 651 through 658, 659a, 660, 663, 664, 666,
667, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p) and
1396(k).
Sec. 303.11 [Amended]
0
240. Amend Sec. 303.11(d) by removing ``45 CFR part 74'' and adding in
its place ``45 CFR part 75''.
PART 304--FEDERAL FINANCIAL PARTICIPATION
0
241. The authority citation for part 304 continues to read as follows:
Authority: 42 U.S.C. 651 through 655, 657, 1302, 1396a(a)(25),
1396b(d)(2), 1396b(o), 1396b(p), and 1396(k).
Sec. 304.10 [Amended]
0
242. Amend Sec. 304.10 by removing ``part 74 of this title (with the
exception of 45 CFR 74.23, Cost Sharing or Matching and 45 CFR 74.52,
Financial Reporting)'' and adding in its place ``part 75 of this title
(with the exception of 45 CFR 75.306 and 75.341)''.
Sec. 304.20 [Amended]
0
243. Amend Sec. 304.20(b)(1)(iii) by removing ``45 CFR 74.40 et seq.''
and adding in its place ``45 CFR 75.326 through 75.340''.
Sec. 304.25 [Amended]
0
244. Amend Sec. 304.25(a) in the first sentence by removing ``part 74
of this title'' and adding in its place ``part 75 of this title''.
PART 309--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM
0
245. The authority citation for part 309 continues to read as follows:
Authority: 42 U.S.C. 655(f), 1302.
Sec. 309.85 [Amended]
0
246. Amend Sec. 309.85(b) by removing ``45 CFR 74.53'' and adding in
its place ``45 CFR 75.361 through 75.370''.
Sec. 309.130 [Amended]
0
247. Amend Sec. 309.130 in paragraph (d)(3) by removing ``45 CFR
74.23'' and adding in its place ``45 CFR 75.306'' and in paragraph (h)
by removing ``part 74'' and adding in its place ``part 75''.
Sec. 309.145 [Amended]
0
248. Amend Sec. 309.145 in paragraph (a)(3) introductory text by
removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''
and in paragraph (o) introductory text by removing ``OMB Circular A-
87'' and adding in its place ``45 CFR part 75, subpart E''.
Sec. 309.150 [Amended]
0
249. Amend Sec. 309.150(d) by removing ``OMB Circular A-87'' and
adding in its place ``45 CFR part 75, subpart E''.
Sec. 309.160 [Amended]
0
250. Amend Sec. 309.160 by removing ``OMB Circular A-133,`Audits of
States, Local Governments, and Non-Profit Organizations' and 45 CFR
part 74' '' and adding in its place ``45 CFR part 75''.
PART 400--REFUGEE RESETTLEMENT PROGRAM
0
251. The authority citation for part 400 continues to read as follows:
Authority: Section 412(a)(9), Immigration and Nationality Act (8
U.S.C. 1522(a)(9)).
Sec. 400.11 [Amended]
0
252. Amend Sec. 400.11(c) by removing ``Sec. 74.73(a)'' and adding in
its place ``Sec. 75.341''.
Sec. 400.28 [Amended]
0
253. Amend Sec. 400.28 in paragraph (a) introductory text by removing
``part 74, Subpart D of this title'' and adding in its place ``45 CFR
75.361 through 75.370''.
PART 1000--INDIVIDUAL DEVELOPMENT ACCOUNT RESERVE FUNDS ESTABLISHED
PURSUANT TO GRANTS FOR ASSETS FOR INDEPENDENCE
0
254. The authority citation for part 1000 continues to read as follows:
Authority: 42 U.S.C. 604 nt.
Sec. 1000.3 [Amended]
0
255. Amend Sec. 1000.3 in paragraph (a) by removing ``45 CFR part 74''
and adding in its place ``45 CFR part 75'' and in paragraph (b) by
removing ``45 CFR part 92'' and adding in its place ``45 CFR part 75''.
PART 1301--HEAD START GRANTS ADMINISTRATION
0
256. The authority citation for part 1301 continues to read as follows:
Authority: 42 U.S.C. 9801 et seq.
Sec. 1301.10 [Amended]
0
257. Amend Sec. 1301.10:
0
a. In paragraph (a) by removing ``45 CFR part 74 Administration of
grants'' and ``45 CFR part 75 Informal grant appeals procedures
(indirect cost rates and other cost allocations)'' and adding in
alphanumeric order ``45 CFR part 75 Uniform Administrative
Requirements, Cost Principles and Audit Requirements for HHS Awards'';
and
0
b. In paragraph (b):
0
i. In the introductory text by removing ``45 CFR part 74'' and adding
in its place ``45 CFR part 75'';
0
ii. In paragraph (b)(1), by removing ``Sec. 74.15 of part 74'' and
adding in its place ``Sec. 75.334 of part 75''; and
0
iii. In paragraph (b)(2) by removing ``Sec. 74.61 of part 74'' and
adding in its place ``subpart F of part 75''.
[[Page 3022]]
PART 1304--PROGRAM PERFORMANCE STANDARDS FOR THE OPERATION OF HEAD
START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES
0
258. The authority citation for part 1304 continues to read as follows:
Authority: 42 U.S.C. 9801 et seq.
Sec. 1304.60 [Amended]
0
259. Amend Sec. 1304.60(f) by removing ``45 CFR part 74 or part 92''
and adding in its place ``45 CFR part 75'', and removing ``45 CFR
74.61(a)(1), 45 CFR 74.62 and 45 CFR 92.43(a)'' and adding in its place
``45 CFR 75.371 through 75.372''.
PART 1309--HEAD START FACILITIES PURCHASE, MAJOR RENOVATION AND
CONSTRUCTION
0
260-261. The authority citation for part 1309 continues to read as
follows:
Authority: 42 U.S.C. 9801 et seq.
Sec. 1309.21 [Amended]
0
262. Amend Sec. 1309.21(e) by removing ``45 CFR parts 74 or 92'' and
adding in its place ``45 CFR part 75''.
Sec. 1309.22 [Amended]
0
263. Amend Sec. 1309.22(c) by removing ``45 CFR 74.2, or, if part 92
is applicable, to ACF's share as defined in 45 CFR 92.3'' and adding in
its place ``45 CFR 75.2''.
Sec. 1309.31 [Amended]
0
264. Amend Sec. 1309.31(b) by removing ``45 CFR part 74 and 45 CFR
part 92'' and adding in its place ``45 CFR part 75''.
Sec. 1309.32 [Amended]
0
265. Amend Sec. 1309.32(b) by removing ``45 CFR parts 74 and 92'' and
adding in its place ``45 CFR part 75''.
Sec. 1309.34 [Amended]
0
266. Amend Sec. 1309.34 by removing ``45 CFR part 74 and 45 CFR part
92'' and adding in its place ``45 CFR part 75''.
Sec. 1309.43 [Amended]
0
267. Amend Sec. 1309.43 by removing ``45 CFR part 74 and 45 CFR part
92'' and adding in its place ``45 CFR part 75''.
Sec. 1309.52 [Amended]
0
268. Amend Sec. 1309.52(a) by removing ``45 CFR parts 74 or 92'' and
adding in its place ``45 CFR part 75''.
PART 1321--GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING
0
269. The authority citation for part 1321 continues to read as follows:
Authority: 42 U.S.C. 3001 et seq.; title III of the Older
Americans Act, as amended.
0
270. Amend Sec. 1321.5 by revising paragraph (b) and removing and
reserving paragraph (g).
The revision reads as follows:
Sec. 1321.5 Applicability of other regulations.
* * * * *
(b) 45 CFR part 75--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS Awards, except Sec. 75.206
* * * * *
Sec. 1321.67 [Amended]
0
271. Amend Sec. 1321.67(b)(1) by removing ``45 CFR 92.25(g) (2) and
(3)'' and adding in its place ``45 CFR 75.307(e)(2) and (3)''.
Sec. 1321.73 [Amended]
0
272. Amend Sec. 1321.73 by removing ``45 CFR 92.25(g)(2)'' and adding
in its place ``Sec. 75.307(e)(3)'', removing ``Sec. 92.25(g)(3)'' and
adding in its place ``Sec. 75.307(e)(2), and removing ``Sec.
92.25(g)(1)'' and adding in its place ``Sec. 75.307(e)(1)''.
PART 1326--GRANTS TO INDIAN TRIBES FOR SUPPORT AND NUTRITION
SERVICES
0
273. The authority citation for part 1326 continues to read as follows:
Authority: 42 U.S.C. 3001; Title VI, Part A of the Older
Americans Act.
0
274. In Sec. 1326.5, remove and reserve paragraph (b) and revise
paragraph (c).
The revision reads as follows:
Sec. 1326.5 Applicability of other regulations.
* * * * *
(c) 45 CFR part 75--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS Awards.
* * * * *
PART 1328--GRANTS FOR SUPPORTIVE AND NUTRITIONAL SERVICES TO OLDER
HAWAIIAN NATIVES
0
275. The authority citation for part 1328 continues to read as follows:
Authority: 42 U.S.C. 3001; Title VI Part B of the Older
Americans Act.
0
276. In Sec. 1328.5, remove and reserve paragraph (b) and revise
paragraph (c).
The revision reads as follows:
Sec. 1328.5 Applicability of other regulations.
* * * * *
(c) 45 CFR part 75--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS Awards.
* * * * *
PART 1336--NATIVE AMERICAN PROGRAMS
0
277. The authority citation for part 1336 continues to read as follows:
Authority: 42 U.S.C. 2991 et seq.
Sec. 1336.50 [Amended]
0
278. In Sec. 1336.50, amend paragraph (a) by removing ``45 CFR part
74-- Administration of grants'' and ``45 CFR part 75--Informal grant
appeals procedures (indirect cost rates and other cost allocations)''
and adding in alphanumeric order ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards'' and amend paragraph (f) by removing ``Sec. 74.3 of
this title'' and adding in its place ``Sec. 75.2 of this title''
Sec. 1336.52 [Amended]
0
279. Amend Sec. 1336.52(b) by removing ``45 CFR 74.110-74.116'' and
adding in its place ``45 CFR 75.371 through 75.380''.
Sec. 1336.77 [Amended]
0
280. Amend Sec. 1336.77 in paragraph (a)(1) by removing ``45 CFR part
74'' and adding in its place ``45 CFR part 75, subpart E'' and in
paragraph (b) by removing ``45 CFR part 74'' and adding in its place
``45 CFR part 75''.
PART 1355--GENERAL
0
281. The authority citation for part 1355 continues to read as follows:
Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42
U.S.C. 1302.
0
282. Amend Sec. 1355.30 by revising paragraph (i) to read as follows:
Sec. 1355.30 Other applicable regulations.
* * * * *
(i) 45 CFR part 75--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for HHS Awards. Part 75 of this
title is applicable to title IV-B programs and the John H. Chafee
Foster Care Independence Program under Section 477 of the Act that are
operated by States and/or Tribes. Part 75 of this title is applicable
to title IV-E foster care and adoption assistance programs operated by
a State title IV-E agency, except that section 75.306 Cost sharing or
matching and section 75.341 Financial reporting do not apply. Part 75
of this title is applicable to title IV-E foster care and adoption
assistance programs operated by a Tribal title IV-E agency pursuant to
section 479B, except that section 75.341 and the sections specified in
Sec. 1356.68 do not apply to a Tribal title IV-E agency.
* * * * *
[[Page 3023]]
PART 1357--REQUIREMENTS APPLICABLE TO TITLE IV-B
0
283. The authority citation for part 1357 continues to read as follows:
Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42
U.S.C. 1302.
Sec. 1357.30 [Amended]
0
284. Amend Sec. 1357.30 in paragraph (d) by removing ``45 CFR 92.43
and 92.44'' and adding in its place ``45 CFR 75.371 through 75.372''
and in paragraph (e) introductory text by removing ``45 CFR part 92''
and adding in its place ``45 CFR part 75''.
Sec. 1357.40 [Amended]
0
285. In Sec. 1357.40, amend paragraph (d)(5)(i) by removing ``45 CFR
92.43 and 92.44'' and adding in its place ``45 CFR 75.371 through
75.372'' and amend paragraph (d)(5)(ii) introductory text by removing
``45 CFR part 92'' and adding in its place ``45 CFR part 75''.
[FR Doc. 2015-32101 Filed 1-19-16; 8:45 am]
BILLING CODE 4150-24-P
