Health and Human Services Adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 80055-80073 [2024-21984]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Rules and Regulations]
[Pages 80055-80073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21984]



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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / 
Rules and Regulations

[[Page 80055]]



DEPARTMENT OF HEALTH AND HUMAN SERVICES

2 CFR Part 300

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, 430, 433, 434, 436, 438, 440, 441, 456, 457, 1001, and 1007

45 CFR Parts 16, 63, 75, 87, 95, 98, 261, 262, 263, 265, 286, 287, 
301, 302, 303, 304, 309, 400, 1000, 1303, 1321, 1336, 1355, and 
1357


Health and Human Services Adoption of the Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards

AGENCY: Office of the Secretary, Office of the Assistant Secretary for 
Financial Resources, Office of Grants, HHS.

ACTION: Interim final rule with comment period.

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SUMMARY: The Department of Health and Human Services (HHS) adopts with 
this rule OMB's Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards, to include 12 existing HHS-
specific modifications. This rule also repeals HHS' existing 
regulations governing the administration of HHS financial assistance 
awards. The existing HHS-specific modifications are described in the 
rule's preamble. Additionally, the rule will correct citations 
throughout all relevant HHS regulations.

DATES: The rule is effective October 1, 2025, except for amendatory 
instruction 2, which is effective October 1, 2024.
    Comment date: Comments must be received by HHS electronically 
through www.regulations.gov no later than midnight Eastern Daylight 
Time (E.D.T) on November 1, 2024.

ADDRESSES: Responses can be submitted via the Federal eRulemaking 
Portal (https://www.regulations.gov/).

FOR FURTHER INFORMATION CONTACT: Johanna Nestor, Director for Grants 
Policy, Oversight, and Evaluation, Office of Grants at (202) 260-6118, 
or via email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

OMB Adoptions

    After decades of utilizing various circulars to provide guidance to 
agencies on federal grants, OMB engaged in a lengthy public process to 
create unified, consolidated, uniform guidance that was easy to locate 
and applied to all recipients regardless of recipient type. To do so, 
OMB provided opportunities for the general public to comment on an 
Advanced Notice of Proposed Guidance, 77 FR 11778 (Feb. 28, 2012) and a 
Notice of Proposed Guidance, 78 FR 7282 (Feb. 1, 2013), before 
publishing the Final Guidance, 78 FR 78590 (Dec. 26, 2013).
    In 2020, OMB sought public comment on a Notice of Proposed 
Guidance, 85 FR 3766 (Jan. 22, 2020), and issued revised Final 
Guidance, 85 FR 49506 (Aug. 13, 2020). The 2020 revisions addressed 
program development and design, measuring recipient performance to 
assist Federal awarding agencies and recipients to improve program 
goals and objectives, share lessons learned, and adopt promising 
performance practices. In 2023, based on ongoing engagement with 
Federal agencies and the broader Federal financial assistance 
community, OMB again sought to update the Uniform Guidance. OMB allowed 
multiple rounds of public input, through a Notice of Request for 
Information, 88 FR 8480 (Feb. 9, 2023), and Notification of Proposed 
Guidance, 88 FR 69390 (Oct. 5, 2023). After review and consideration of 
received comments and to effectuate the goals of increasing 
accessibility and equity with respect to Federal funding opportunities, 
OMB updated the Uniform Guidance with an effective date of October 1, 
2024. 89 FR 30046 (Apr. 22, 2024). The 2024 OMB revisions further 
streamline, clarify, and update the guidance, including raising certain 
thresholds, where permissible under law, in recognition of inflation 
over time.
    The 2024 OMB revisions to 2 CFR part 200 have three primary 
objectives: (1) to reduce agency and recipient burden; (2) to clarify 
sections that recipients or agencies may have interpreted in different 
ways; and (3) to rewrite applicable sections in plain language, 
improving flow and addressing inconsistent use of terms. In addition to 
the revisions in part 200, OMB revised other parts in subtitle A of 2 
CFR for similar reasons, including parts 1, 25, 170, 175, 180, 182, and 
183.

HHS Adoption

    HHS is the largest grant-making agency in the United States and, 
historically, has had its own set of implementing regulations, codified 
prior to OMB's initial streamlining efforts, at 45 CFR parts 74 
(regulating awards to institutions of higher education, hospitals, 
other non-profit organizations, commercial organizations, and certain 
grants and agreements with states, local governments, and Indian tribal 
governments), and 92 (regulating awards to state, local, and Indian 
tribal governments). In 2014, the Federal grant awarding agencies, 
including HHS, adopted the 2013 Final Guidance through a joint interim 
final rule (IFR) with comment period. 79 FR 75871 (Dec. 19, 2014). HHS' 
adoption codified the 2013 Final Guidance with HHS specific 
modifications at 45 CFR part 75, Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for HHS Awards. Id. In the 
preamble to that rule, HHS explained all of the changes it made to the 
2013 Final Guidance, each one of which was previously codified in 
either 45 CFR part 74 or 92. The changes consisted of:
    Format and style changes, for example:

1. Replaced ``Federal'' with ``HHS''
2. Removed titles of sections to improve readability
3. Revised numbering to allow for possible later changes
4. Revised internal citations to reflect codification in 45 CFR part 
75
5. Replaced ``non-Federal entity'' with ``recipient''

    Substantive changes:

1. Added acronyms and definitions, for example:
    a. Commercial organization
    b. Departmental Appeals Board
    c. Excess property
    d. Principal Investigator/Program Director
    e. Suspension of award activities
2. Included additional detail, for example:
    a. Examples of cost sharing

[[Page 80056]]

    b. Examples of personal property
    c. HHS-specific forms
    d. Citations to existing HHS regulations and other statutes 
including:
    Nonprocurement Debarment and Suspension, 2 CFR part 376,
    Procedures of the Departmental Grant Appeals Board, 45 CFR part 
16,
    Claims Collection, 45 CFR part 30,
    Equal Treatment for Faith-Based Organizations, 45 CFR part 87,
    New Restrictions on Lobbying, 45 CFR part 93, and
    Metric Conversion Act
    e. Supersession of HHS rules, and details regarding adoption of 
45 CFR part 75
3. HHS-specific changes, for example:
    a. Inclusion of appendix IX, Principles for Determining Costs 
Applicable to Research and Development under Grants and Contracts 
with Hospitals
    b. Articulation of HHS' conflict of interest policies and 
disclosures
    c. Special provisions for awards to commercial organizations and 
federal agencies, including application of patent law
    d. Specified provisions for payments to States
    e. Added additional prior approval requirement for research 
patient care costs, subaward relations to the Simplified Acquisition 
Threshold, and disposition of property and equipment
    f. Added HHS policy related to property management
    g. Reduced the period for close out
    h. Added HHS select item of cost related to independent research 
and development costs

    With this interim final rule, HHS will forgo the separate 
codification, fully adopt 2 CFR part 200, reduce the total number of 
HHS-specific changes, and codify those changes in 2 CFR part 300.
    Nearly all the changes HHS adopted in 2014 have been formally 
adopted by OMB in the most recent Uniform Guidance, and thus are no 
longer necessary. For example, the Uniform Guidance has adopted 
terminology related to ``recipient'' and has expressly recognized its 
applicability to awards to for-profit entities and Federal agencies. It 
also modified the numbering system by eliminating individual numbers 
for each definition and removed the internal titles to improve 
readability. Thus, HHS will not retain those 2014 changes.
    Many other HHS changes merely cite to other existing regulations or 
statutes, and thus are not legally required to be included; removing 
the citations has no effect on the other regulations, nor on their 
applicability to the regulated community. A few changes are 
articulation of HHS policy; these are better suited to sub-regulatory 
guidance. HHS will move these provisions to the HHS Grants Policy 
Statement (GPS). They include, for example: forms for HHS financial 
assistance (previously at 45 CFR 75.206) and HHS policy on property 
(previously at 45 CFR 75.316). HHS will also move the provision for the 
metric system of measurement (previously at 45 CFR 75.214) to the HHS 
GPS, as well as references to existing regulations that continue to be 
applicable to the regulated community.
    Many revisions adopted in 2014 are no longer required because HHS 
policy is aligned with OMB policy. Therefore, HHS will eliminate the 
changes to the closeout provisions at 45 CFR 75.381 to align with the 
Uniform Guidance at 2 CFR 200.344. Likewise, HHS will not repromulgate 
minor changes in 45 CFR 75.309, 75.310, 75.311, 75.313, or 75.316 to 
increase clarity, and minimize the total number of HHS-specific 
modifications.
    As such, HHS will include only twelve HHS-specific modifications to 
the Uniform Guidance that are currently codified in 45 CFR part 75. 
These are not new provisions for the HHS applicant and recipient 
community. All of the HHS-specific modifications have been previously 
presented to the public for comment appropriately, either through the 
Health and Human Services interim final rule in 2014, the HHS Notice of 
Proposed Rulemaking (NPRM) in 2019, 84 FR 63831 (Nov. 19, 2019), or the 
HHS NPRM in 2023, 88 FR 44750 (July 13, 2023).
    HHS retains the following HHS-specific modifications in 2 CFR part 
300, making minor changes to previously-promulgated regulations to 
align with the text of the Uniform Guidance:

    1. 2 CFR 300.106 Adoption of 2 CFR part 200, in which HHS adopts 
2 CFR part 200 with modifications in 2 CFR part 300, previously 
codified at 2 CFR 300.1;
    2. 2 CFR 300.112 Conflict of Interest, which describes 
supplementary conflict of interest requirements and directs Public 
Health Service recipients to align conflict of interest policies 
with requirements in 42 CFR part 50, subpart F, previously codified 
at 45 CFR 75.112;
    3. 2 CFR 200.218 Special provisions for awards to for-profit 
organizations as recipients, which contains specific requirements 
for awards to for-profit organizations such as the prohibition 
against profit and program income requirements for Small Business 
Innovation Research and Small Business Technology Transfer Research 
(SBIR/STTR) programs, previously codified at 45 CFR 75.216, and 45 
CFR 75.322(f);
    4. 2 CFR 300.219 Special provisions for awards to Federal 
agencies, which contains specific requirements for awards to Federal 
agencies, such as program income requirements and salary and 
indirect cost restrictions, previously codified at 45 CFR 75.217;
    5. 2 CFR 300.300 Nondiscrimination language, which includes 
recently promulgated HHS-specific nondiscrimination requirements, 
previously codified at 45 CFR 75.300;
    6. 2 CFR 300.305 Federal Payment, which addresses payments to 
States, previously codified at 45 CFR 75.305(a);
    7. 2 CFR 300.308 Revision of budget and program plans, which 
requires prior approval for research patient care costs, previously 
codified at 45 CFR 75.308(c)(1)(ix). We note that HHS is not 
repromulgating the other two provisions that required prior 
approval;
    8. 2 CFR 300.315 Intangible property, which prohibits HHS from 
asserting rights in inventions under awards made for primarily 
educational purposes, previously codified at 45 CFR 75.307(c)(2);
    9. 2 CFR 300.414 Indirect costs, which limits indirect costs on 
training awards, awards to Foreign organizations, and awards to 
Foreign public entities performed fully outside the US to a fixed 
rate of eight percent of MTDC and allows negotiated indirect cost 
rates for American University, Beirut and the World Health 
Organization, which were previously codified at 45 CFR 75.414(c)(1);
    10. 2 CFR 300.477 Independent research and development costs, 
which defines, and describes requirements for, independent research 
and development costs, previously codified at 45 CFR 75.476;
    11. 2 CFR 300.478 Shared responsibility payments, which 
describes requirements for payments for failure to maintain minimum 
essential health coverage and failure to offer health coverage to 
employees, previously codified at 45 CFR 75.477; and
    12. 2 CFR part 300, Appendix IX--Principles for Determining 
Costs Applicable to Research and Development Under Grants and 
Contracts with Hospitals, previously codified at 45 CFR part 75, 
appendix IX.

    With these twelve additions, HHS will adopt 2 CFR part 200 in its 
entirety. Where there are conflicts between OMB and HHS language, HHS 
adopts the OMB language to ensure consistency and afford recipients the 
most flexibility and least burden.

Good Cause Exception

    HHS finds there is good cause under 5 U.S.C. 553(b)(B) and (d)(3) 
to dispense with the opportunity for advance notice and for public 
comment and good cause to publish this rule with an effective date of 
October 1, 2024, for the eight provisions noted in the preamble and 
reiterated below, and an effective date of October 1, 2025, for the 
remainder of the provisions. As provided in section 553(b), a 
department or agency may dispense with the prior notice and opportunity 
for public comment requirement when the agency, for ``good cause'' 
finds that notice and public comment are impracticable, unnecessary, or 
contrary to the public interest. With respect to this rule, advance 
notice and opportunity for public comment are unnecessary.

[[Page 80057]]

    After decades of utilizing various circulars to provide guidance to 
agencies on federal grants, beginning in 2012, OMB engaged in a lengthy 
public process to create unified, consolidated, uniform guidance that 
was easy to locate, and applied to all recipients regardless of 
recipient type. To do so, OMB provided opportunities for the general 
public to comment on an Advanced Notice of Proposed Guidance, 77 FR 
11778 (Feb. 28, 2012) and a Notice of Proposed Guidance, 78 FR 7282 
(Feb. 1, 2013), before publishing the Final Guidance, 78 FR 78590 (Dec. 
26, 2013).
    The Federal grant awarding agencies, including HHS, adopted the 
Final Guidance through a joint interim final rule (IFR) with comment 
period. See 79 FR 75871 (Dec. 19, 2014). The 2014 IFR had an effective 
date of December 26, 2014, with a one-year grace period for the 
implementation of the procurement standards as it applied to nonprofit 
organizations or institutions of higher education.\1\
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    \1\ In 2014, some agencies adopting OMB's Final Guidance found 
good cause to waive agency proposed rulemaking as unnecessary, 
stating that OMB had already provided the public with an opportunity 
to comment through its advanced notice of proposed guidance as well 
as a notice of proposed guidance. See 79 FR at 75877. As described 
below, HHS believes that same reasoning supports a good cause 
finding at this time.
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    HHS, through the 2014 IFR, adopted 45 CFR part 75 as its adapted 
version of 2 CFR part 200 to reflect HHS grant authorities, the unique 
needs of HHS awarding agencies, and the unique HHS recipient community. 
See id. at 75875. As explained in the preamble to the 2014 IFR, all 
HHS-specific changes to the Uniform Guidance codified in 45 CFR part 75 
were taken directly from HHS' predecessor grant regulations, 45 CFR 
parts 74 and 92, and approved by OMB. ``OMB has directed agencies to 
adopt the uniform guidance in part 200 without change, except to the 
extent that an agency can demonstrate that any conflicting agency 
requirements are required by statute or regulations, or consistent with 
longstanding practice and approved by OMB.'' Id. at 75877.
    As part of OMB's periodic review of the Uniform Guidance, OMB 
sought to make additional updates and revisions in 2020. It again 
solicited feedback from the broader Federal financial assistance 
community by publishing the proposed changes in the Federal Register. 
See 85 FR 3766 (Jan. 20, 2020). OMB published final guidance, 85 FR 
49506 (Aug. 13, 2020), with an effective date of November 12, 2020, 
except for changes to 2 CFR 200.216 and 200.340, which were effective 
on August 13, 2020. HHS did not adopt the 2020 revisions and is 
therefore lagging behind the rest of the grant making agencies, causing 
confusion and additional administrative burden for HHS recipients.
    OMB again made revisions beginning in 2023. As part of that 
process, OMB again sought multiple rounds of public input, through a 
Notice of Request for Information, 88 FR 8480 (Feb. 9, 2023), and 
Notification of Proposed Guidance, 88 FR 69390 (Oct. 5, 2023). After 
review and consideration of received comments and to effectuate the 
goals of increasing accessibility and equity with respect to Federal 
funding opportunities, OMB updated the Uniform Guidance with an 
effective date of October 1, 2024. 89 FR 30046 (Apr. 22, 2024).
    To be responsive to the recipient community's inquiries regarding 
HHS's plans to align with OMB and other Federal agencies and fully 
adopt 2 CFR part 200, HHS now seeks to implement 2 CFR part 200 through 
this IFR. Given that in 2020 and 2023, OMB sought, obtained, and 
responded to public input and comment and that HHS intends to adopt all 
of the current version of 2 CFR part 200, providing an additional prior 
notice and comment period is unnecessary. Allowing for another round of 
public comment on the same 2 CFR part 200 provisions would be both 
duplicative and inefficient. Although HHS itself did not seek and 
respond to these multiple rounds of comment, we have determined that 
the government-wide adoption of the Uniform Guidance is of substantial 
benefit to the regulated community and that seeking additional comment 
is unnecessary, impracticable, and counterproductive. The Uniform 
Guidance promotes uniformity, understanding, compliance, and a uniform 
body of regulations across federal departments and agencies. Additional 
comment on these provisions is unnecessary.
    The eight provisions with an effective date of October 1, 2024, are 
all provisions that HHS has either previously announced that it has 
already adopted, or that have been amended by OMB to provide additional 
flexibilities for recipients and subrecipients:
    The provisions that HHS has already adopted are:

    1. Micro-purchase and simplified acquisition thresholds as 
required by Pub. L. 115-91, and OMB Memorandum 18-18; 2 CFR 200.320; 
and
    2. Closeout, 2 CFR 200.344. See 88 FR 63591 (Sept. 15, 2023).

    The OMB updates that provide increased flexibilities are:

    1. Subaward threshold for modified total direct cost 
calculation, 2 CFR 200.1 modified total direct cost;
    2. Equipment threshold, 2 CFR 200.1, 2 CFR 200.313(e);
    3. Supplies threshold, 2 CFR 200.1, 2 CFR 200.314(a);
    4. Fixed amount subaward threshold, 2 CFR 200.333;
    5. De minimis indirect cost rate, 2 CFR 200.414(f); and
    6. Audit threshold, 2 CFR 200.501.

    Each of these items have been sought by the regulated community, 
and HHS recognizes the value of having them go into effect as soon as 
administratively feasible. In addition, delaying this effective date 
would prevent HHS recipients from accessing these increased 
flexibilities and thresholds for their HHS awards, as they will be able 
to do for awards issued by other Federal agencies, thus creating both 
inequities and administrative burden for recipients. As such, for 
awards issued on or after October 1, 2024, HHS will use the 2 CFR part 
200 citations for these provisions.
    Through this IFR, HHS will adopt all of the rest of 2 CFR part 200 
with an effective date of October 1, 2025. As already stated, 
additional comment on these provisions is unnecessary. In addition to 
the full adoption of 2 CFR part 200, this IFR will relocate twelve HHS-
specific provisions to 2 CFR part 300. HHS already sought public 
comment on these provisions:
    Eight of them were included in the promulgation of 45 CFR part 75. 
See 79 FR 75867, 75875-76 (Dec. 19, 2014). Each of these will be moved 
in substantially the same form, with only minor changes in phrasing to 
conform with the text in 2 CFR part 200. These provisions are:

    1. Adoption of 2 CFR part 200, currently in 2 CFR 300.1, to be 
moved to 2 CFR 300.106;
    2. Conflict of interest, currently at 45 CFR 75.112, to be moved 
to 2 CFR 300.112;
    3. Special provisions for awards to for-profit organizations as 
recipients, currently at 45 CFR 75.216, to be moved to 2 CFR 
300.218;
    4. Special provisions for awards to Federal agencies, currently 
at 45 CFR 75.217, to be moved to 2 CFR 300.219;
    5. Prior approval for research patient costs, currently at 45 
CFR 75.308(c)(ix), to be moved to 2 CFR 300.308;
    6. Protection of recipient patent rights on awards made for 
primarily educational purposes, currently at 45 CFR 75.307(c)(2), to 
be moved to 2 CFR 300.315;
    7. Independent research and development costs, currently at 45 
CFR 75.476 to be moved to 2 CFR 300.477; and
    8. Principles for determining costs applicable to research and 
development under grants and contracts with hospitals,

[[Page 80058]]

currently at 45 CFR part 75, appendix IX, to be moved to 2 CFR part 
300, appendix IX.

    Three provisions were promulgated through a notice of proposed 
rulemaking, 84 FR 63831 (Nov. 19, 2019) and final rule, 86 FR 2257 
(Jan. 12, 2021).\2\ These provisions are:
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    \2\ These same provisions were also promulgated in 2016. See 
notice of proposed rulemaking (NPRM), 81 FR 45270 (July 13, 2016), 
and final rule (FR), 81 FR 89393 (Jan. 11, 2017).

    1. Federal payments, currently at 45 CFR 75.305(a), to be moved 
to 2 CFR 300.305;
    2. Limitation on indirect cost rates for training grants, 
currently at 45 CFR 75.414(c)(1), to be moved to 2 CFR 300.414; and
    3. Shared responsibility payments, currently at 45 CFR 75.477, 
to be moved to 2 CFR 300.478.

    Finally, the last provision, 45 CFR 75.300 to be moved to 2 CFR 
300.300, related to statutory and national policy requirements, is the 
most recently promulgated. See NPRM, 88 FR 44750 (July 13, 2023), and 
FR, 89 FR 36684 (May 3, 2024).\3\ There is no additional need to 
provide advance notice and an opportunity for comment on these 
provisions, as there are only minor modifications to ensure consistent 
terminology and readability to a few of the provisions, and the rest 
are being repromulgated exactly. See Priests for Life v. U.S. Dep't of 
HHS, 772 F.3d 229, 276 (D.C. Cir. 2014), vacated and remanded sub nom. 
Zubik v. Burwell, 578 U.S. 403 (2016) (per curiam). All HHS recipients 
should already be in compliance with these provisions.
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    \3\ Similar provisions were promulgated in 2017 and 2021, 
through the NPRMs and FRs already cited.
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    For the above reasons, HHS finds there is good cause to dispense 
with prior public notice and the opportunity to comment before 
finalizing the rule. As the Secretary issues this rule as an interim 
final rule with comment, HHS will consider and address comments on 
HHS's plan and timeline for implementation, including the provision of 
two effective dates, that are received within 30 days of the date this 
IFR is published in the Federal Register. HHS will not respond to 
comments regarding OMB's 2020 or 2024 modifications to 2 CFR part 200, 
or on existing HHS specific provisions merely being moved to 2 CFR part 
300, as those provisions have already been subject to public input and 
comment and the latter have been finalized in existing promulgated 
rules.
    HHS will accept comments under this interim final rule regarding 
the plan and timeline for adopting the Uniform Guidance described 
herein. HHS will not respond to comments regarding OMB's 2020 or 2024 
modifications to 2 CFR part 200. HHS will also not respond to comments 
related to the content of the HHS-specific modifications at 2 CFR 300, 
as these provisions are existing HHS regulations that have been 
promulgated and maintained at 45 CFR part 75, not new requirements for 
the HHS applicant and recipient community.

Regulatory Analysis

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Ch. 3506; 5 CFR 1320 Appendix A.1) (PRA), HHS reviewed this interim 
final rule and determined that there are no new collections of 
information contained therein. However, HHS's adoption of the Uniform 
Guidance in 2 CFR part 200 may have a negligible effect on burden 
estimates for existing information collections, including recordkeeping 
requirements for recipients of Federal awards.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an 
agency that is issuing a rule subject to the notice-and-comment 
provisions of the Administrative Procedure Act to provide a final 
regulatory flexibility analysis or to certify that the rule will not 
have a significant economic impact on a substantial number of small 
entities. This interim final rule implements OMB final guidance issued 
on April 22, 2024, and HHS does not expect it to have a significant 
economic impact beyond the impact of the April 2024 guidance. The 
proposed revisions will impact some small entities but will not have a 
significant impact on a substantial number of small entities. There are 
some proposed revisions that may impose a non-significant burden; 
however, there are more proposed revisions that reduce burden to small 
entities. When reviewing all proposed revisions, the burden that will 
be reduced for recipients is much greater than the burden imposed. 
Thus, HHS certifies that the rule will not have a significant economic 
impact on a substantial number of small entities.
    Promulgation of this interim final rule and repeal of 45 CFR part 
75 will significantly streamline processes and reduce administrative 
burden for federal agencies and the award recipient community, 
including small entities.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, (Pub. L. 104-4, 109 Stat. 
48) requires the Department to prepare a written statement, which 
includes an assessment of anticipated costs and benefits, before 
proposing a rule that exceeds a statutorily imposed threshold. This 
interim final rule would not result in an expenditure by State, local, 
and Tribal governments, in the aggregate, or by the private sector, of 
an amount in excess of the statutory threshold (2 U.S.C. 1532) in any 
one year.

Executive Orders on Regulatory Review

    Executive Order 12866 (Regulatory Planning and Review), Executive 
Order 13563 (Improving Regulation and Regulatory Review), and Executive 
Order 14094 (Modernizing Regulatory Review) direct us to assess all 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety, and other advantages; distributive impacts; and 
equity). The Office of Information and Regulatory Affairs (OIRA) has 
determined that this interim final rule is not a significant regulatory 
action under section 3(f)(1) of E.O. 12866, as amended by E.O. 14094. 
This interim final rule has, however, been designated ``a significant 
regulatory action'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094. OIRA has also determined that this 
regulatory action does not meet the criteria set forth in 5 U.S.C. 
804(2) under the Congressional Review Act. Currently, HHS agencies, 
applicants, and recipients must be familiar and comply with HHS's 
implementing regulations at 45 CFR part 75, which is a separate 
codification from the Uniform Guidance at 2 CFR part 200. The single 
set of Federal financial assistance requirements at 2 CFR part 200 and 
2 CFR part 300 resulting from this interim final rule will lessen 
confusion and reduce burden for HHS applicants and recipients that 
apply for and receive financial assistance from other Federal agencies 
outside of HHS. This interim final rule provides consistency with other 
Federal awarding agencies. Applicant and recipient entities will no 
longer be required to analyze, keep track of, and implement a separate 
set of regulations solely for HHS awards.
    Aligning requirements for HHS recipients with those for agencies 
outside of HHS reduces administrative burden for the financial 
assistance applicant and recipient community overall.

Executive Order 13132 (Federalism)

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a rule

[[Page 80059]]

that imposes substantial direct requirement costs on State and local 
governments or has Federalism implications. The Uniform Guidance is 
inherently national in scope and significance. Regardless, OMB 
consulted with appropriate State and local officials prior to 
finalizing its most recent update. OMB weighed carefully the interests 
of those who submitted comments. The OMB revisions balance the State 
interests with the need to provide Federal agencies with consistent, 
uniform, efficient, and transparent guidance, which is consistent with 
authorizing law. The Department has therefore determined that this 
interim final rule does not impose such costs or have any Federalism 
implications.

Executive Order 13175 (Tribal Consultation)

    HHS has analyzed this interim final rule in accordance with the 
principles and criteria contained in E.O. 13175, ``Consultation and 
Coordination with Indian Tribal Governments'' 65 FR 67249 (Nov. 9, 
2000). HHS determined that previous OMB tribal consultation 
sufficiently covers requirements for tribal consultation, as OMB held a 
Tribal consultation to solicit feedback from Tribal representatives and 
HHS is adopting OMB's uniform guidance with minimally impactful changes 
to tribes. HHS adopts OMB provisions that provide greater flexibility 
to Tribal governments centered on procurement standards and disposition 
of equipment and clarify the definition of Indian Tribes.

List of Subjects

2 CFR Part 300

    Accounting, Administrative practice and procedure, Adult education, 
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business 
and industry, Civil rights, Colleges and universities, Communications, 
Community development, Community facilities, Copyright, Credit, 
Cultural exchange programs, Educational facilities, Educational 
research, Education, Education of disadvantaged, Education of 
individuals with disabilities, Educational study programs, Electric 
power, Electric power rates, Electric utilities, Elementary and 
secondary education, Energy conservation, Equal educational 
opportunity, Federally affected areas, Government contracts, Grant 
programs, Grants administration, Guam, Home improvement, Homeless, 
Hospitals, Housing, Human research subjects, Indians, Indians-
education, Infants and children, Insurance, Intergovernmental 
relations, International organizations, Inventions and patents, Loan 
programs, Manpower training programs, Migrant labor, Mortgage 
insurance, Nonprofit organizations, Northern Mariana Islands, Pacific 
Islands Trust Territories, Privacy, Renewable energy, Reporting and 
recordkeeping requirements, Rural areas, Scholarships and fellowships, 
School construction, Schools, Science and technology, Securities, Small 
businesses, State and local governments, Student aid, Teachers, 
Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands, 
Vocational education, Vocational rehabilitation, Waste treatment and 
disposal, Water pollution control, Water resources, Water supply, 
Watersheds, Women.

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

    Diseases, Colleges and universities, Grant programs--health, 
Maternal and child health, Medical research, and recordkeeping 
requirements.

42 CFR Part 51b

    Diseases, Grant programs--health, Immunization, Maternal and child 
health, Reporting and recordkeeping requirements, Research.

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

    Diseases, Grant programs--health, 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

    Diseases, Grant programs--health, Health care, Health professions, 
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, Health professions, Reporting and recordkeeping 
requirements, Youth.

42 CFR Part 59a

    Grant programs--health, Libraries, Medical research, Reporting and 
recordkeeping requirements.

[[Page 80060]]

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 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 436

    Aid to Families with Dependent Children, Grant programs--health, 
Guam, Medicaid, Puerto Rico, Supplemental Security Income (SSI), Virgin 
Islands.

42 CFR Part 438

    Citizenship and naturalization, Civil rights, Grant programs--
health, Individuals with disabilities, Medicaid, Reporting and 
recordkeeping requirements, Sex discrimination.

42 CFR Part 440

    Citizenship and naturalization, Civil rights, Grant programs--
health, Individuals with disabilities, Medicaid, Sex discrimination.

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, Administrative practice and procedure, Adult education, 
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business 
and industry, Civil rights, Colleges and universities, Communications, 
Community development, Community facilities, Copyright, Credit, 
Cultural exchange programs, Education, Education of disadvantaged, 
Education of individuals with disabilities, Educational facilities, 
Educational research, Educational study programs, Electric power, 
Electric power rates, Electric utilities, Elementary and secondary 
education, Energy conservation, Equal educational opportunity, 
Federally affected areas, Government contracts, Grant programs, Grant 
programs--agriculture, Grant programs--business, Grant programs--
communications, Grant programs--education, Grant programs--energy, 
Grant programs--health, Grant programs--housing and community 
development, Grant programs--social programs, Grants administration, 
Guam, Home improvement, Homeless, Hospitals, Housing, Human research 
subjects, Indians, Indians--education, Infants and children, Insurance, 
Intergovernmental relations, International organizations, Inventions 
and patents, Loan programs, Loan programs--agriculture, Loan programs--
business, Loan programs--communications, Loan programs--energy, Loan 
programs--health, Loan programs--housing and community development, 
Manpower training programs, Migrant labor, Mortgage insurance, 
Nonprofit organizations, Northern Mariana Islands, Pacific Islands 
Trust Territories, Privacy, Renewable Energy, Reporting and 
recordkeeping requirements, Rural areas, Scholarships and fellowships, 
School construction, Schools, Science and technology, Securities, Small 
businesses, State and local governments, Student aid, Teachers, 
Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands, 
Vocational education, Vocational rehabilitation, Waste treatment and 
disposal, Water pollution control, Water resources, Water supply, 
Watersheds, Women.

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

[[Page 80061]]

discrimination, Reporting and recordkeeping requirements.

45 CFR Part 261

    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 Part 262

    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 Part 263

    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 Part 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 Part 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 Part 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 Part 301

    Child support, Grant programs--social programs, Reporting and 
recordkeeping requirements.

45 CFR Part 302

    Child support, Grant programs--social programs, Penalties, 
Reporting and recordkeeping requirements, Unemployment compensation.

45 CFR Part 303

    Child support, Grant programs--social programs, Reporting and 
recordkeeping requirements.

45 CFR Part 304

    Child support, Grant programs--social programs, Reporting and 
recordkeeping requirements.

45 CFR Part 309

    Child support, Grant programs--social programs, Indians--tribal 
government, 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 1303

    Administrative practice and procedure, Education of disadvantaged, 
Grant programs--social programs, Individuals with disabilities, Motor 
vehicles, Privacy, Real property acquisition, Reporting and 
recordkeeping requirements, Transportation, Reporting and recordkeeping 
requirements.

45 CFR Part 1321

    Administrative practice and procedure, Aged, Conflicts of interest, 
Disaster assistance, Grant programs--Indians, Grant programs--social 
programs, Indians, State and local governments.

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

    Adoption and foster care, Child welfare, Computer technology, Grant 
programs--social programs, Reporting and recordkeeping requirements.

45 CFR Part 1357

    Adoption and foster care, Child welfare, Grand programs--social 
programs, Indians, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the Department of Health 
and Human Services amends 2 CFR part 300, 42 CFR chapters I, IV, and V, 
and 45 CFR subtitles A and B as follows:

Title 2--Grants and Agreements

PART 300--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND 
AUDIT REQUIREMENTS FOR FEDERAL AWARDS

0
1. The authority citation continues to read as follows:

    Authority:  5 U.S.C. 301, 2 CFR part 200.


0
2. Effective October 1, 2024, Sec.  300.1 is revised to read as 
follows:


Sec.  300.1  Adoption of 2 CFR Part 200.

    Under the authority listed above, the Department of Health and 
Human Services adopts the Office of Management and Budget (OMB) 
Guidance in 2 CFR part 200, and has codified the text, with HHS-
specific amendments in 45 CFR part 75 and the following provisions of 2 
CFR part 200: Sec. Sec.  200.1 (definitions of Modified Total Direct 
Cost, Equipment, and Supplies), 200.313(e), 200.314(a), 200.320, 
200.333, 200.344, 200.414(f), and 200.501 . Thus, this part gives 
regulatory effect to the OMB guidance and supplements the guidance as 
needed for the Department.

0
3. Revise part 300 to read as follows:

PART 300--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND 
AUDIT REQUIREMENTS FOR FEDERAL AWARDS

Sec.
Subpart A--[Reserved]
Subpart B--General Provisions
300.106 Adoption of 2 CFR part 200.
300.112 Conflict of interest.
Subpart C--Pre-Federal Award Requirements and Contents of Federal 
Awards
300.218 Special provisions for awards to for-profit organizations as 
recipients.
300.219 Special provisions for awards to Federal agencies.
Subpart D--Post Federal Award Requirements
300.300 Statutory and national policy requirements.
300.305 Federal payment.
300.308 Revision of budget and program plans.
300.315 Intangible property.
Subpart E--Cost Principles
300.414 Indirect costs.

HHS Selected Items of Cost

300.477 Independent research and development costs.

[[Page 80062]]

300.478 Shared responsibility payments.
Appendices I through XII to Part 300--[Reserved]

    Authority: 5 U.S.C. 301, 2 CFR part 200.

Subpart A--[Reserved]

Subpart B--General Provisions


Sec.  300.106  Adoption of 2 CFR part 200.

    The Department of Health and Human Services adopts the Office of 
Management and Budget (OMB) guidance in 2 CFR part 200, with the 
additions included in this part and part 376 of this chapter. Thus, 
this part gives regulatory effect to the OMB guidance and supplements 
the guidance as needed for the Department.


Sec.  300.112  Conflict of interest.

    In addition to 2 CFR 200.112, the following requirements apply:
    (a) HHS agencies' conflict of interest policies must:
    (1) Address conditions under which outside activities, 
relationships, or financial interests are proper or improper;
    (2) Provide for advance notification of outside activities, 
relationships, or financial interests, and a process of review as 
appropriate; and
    (3) Outline how financial conflicts of interest may be addressed.
    (b) Agencies with Public Health Service (PHS) funded research will 
ensure that any conflict-of-interest policies are aligned with the 
requirements of 42 CFR part 50, subpart F.

Subpart C--Pre-Federal Award Requirements and Contents of Federal 
Awards


Sec.  300.218  Special provisions for awards to for-profit 
organizations as recipients.

    (a) For-profit organizations. This section contains provisions that 
apply to awards to for-profit organizations. These provisions are in 
addition to other applicable provisions of this part, or they make 
exceptions from other provisions of this part for awards to for-profit 
organizations.
    (b) Prohibition against profit. Except for awards under the Small 
Business Innovation Research (SBIR) and Small Business Technology 
Transfer Research (STTR) programs (15 U.S.C. 638), no HHS funds may be 
paid as profit to any recipient even if the recipient is a for-profit 
organization. Profit is any amount in excess of allowable direct and 
indirect costs.
    (c) Program income. Except for grants for research, program income 
earned by a for-profit organization may not be used to further eligible 
project or program objectives except in the SBIR and STTR programs.
    (d) For-profit organization audits. (1) For-profit organizations 
that receive awards (including for-profit hospitals) have two options 
regarding audits:
    (i) A financial related audit of a particular award in accordance 
with GAGAS, in those cases where the for-profit organization receives 
awards under only one HHS program; or, if awards are received under 
multiple HHS programs, a financial related audit of all awards in 
accordance with GAGAS; or
    (ii) An audit that meets the requirements contained in 2 CFR 200, 
subpart F.
    (2) For-profit organizations that receive annual awards totaling 
less than the audit requirement threshold in subpart F are exempt from 
HHS audit requirements for that year, but records must be available for 
review by appropriate officials of Federal agencies or the GAO. (See 
Sec.  200.501).
    (e) Applicability. The provisions of Sec.  200.315(e) do not apply 
to for-profit organizations.


Sec.  300.219  Special provisions for awards to Federal agencies.

    (a) An HHS agency must have explicit statutory authority that makes 
Federal agencies eligible for awards.
    (b) All provisions of 2 CFR part 200, this part, and other HHS 
regulations apply to Federal entities receiving Federal awards, except 
for the following:
    (1) Except for grants for research, any program income earned by a 
Federal institution must be used under the deduction alternative. Any 
program income earned after the period of performance should be 
returned to the United States Treasury.
    (2) No salary or fringe benefit payments may be made from HHS 
agency funds to support career, career-conditional, or other Federal 
employees (civilian or uniformed services) without permanent 
appointments at a Federal institution receiving an award. While the 
level of effort required for the project must be allowed by the 
recipient as part of each individual's official duties, salary costs 
associated with an individual participating in an official capacity as 
a Federal employee under an award to that Federal institution are not 
allowable costs under an HHS award.
    (3) Federal agencies may not be reimbursed for indirect costs under 
Federal awards.

Subpart D--Post Federal Award Requirements


Sec.  300.300  Statutory and national policy requirements.

    In addition to 2 CFR 200.300(a), the following requirements apply:
    (a) It is a public policy requirement of HHS that no person 
otherwise eligible will be excluded from participation in, denied the 
benefits of, or otherwise subjected to discrimination in the 
administration of HHS programs, activities, projects, assistance, and 
services, to the extent doing so is prohibited by Federal statute.
    (b) HHS will follow all applicable Supreme Court decisions in 
administering its award programs.
    (c) In the statutes listed in paragraphs (c)(1) through (13) of 
this section that HHS administers which prohibit discrimination on the 
basis of sex, the Department interprets those provisions to include a 
prohibition against discrimination on the basis of sexual orientation 
and gender identity, consistent with the Supreme Court's decision in 
Bostock v. Clayton County, 590 U.S. 644 (2020), and other Federal court 
precedent applying Bostock's reasoning that sex discrimination includes 
discrimination based on sexual orientation and gender identity. This 
provision is interpretive and does not impose any substantive 
obligations on entities outside the Department. This paragraph (c) 
interprets the following HHS authorities that prohibit discrimination 
on the basis of sex:
    (1) 8 U.S.C. 1522. Authorization for programs for domestic 
resettlement of and assistance to refugees.
    (2) 42 U.S.C. 290cc-33. Projects for Assistance in Transition from 
Homelessness.
    (3) 42 U.S.C. 290ff-1. Children with Serious Emotional 
Disturbances.
    (4) 42 U.S.C. 295m. Title VII Health Workforce Programs.
    (5) 42 U.S.C. 296g. Nursing Workforce Development.
    (6) 42 U.S.C. 300w-7. Preventive Health Services Block Grant.
    (7) 42 U.S.C. 300x-57. Substance Use Prevention, Treatment, and 
Recovery Services Block Grant; Community Mental Health Services Block 
Grant.
    (8) 42 U.S.C. 708. Maternal and Child Health Block Grant.
    (9) 42 U.S.C. 5151. Disaster relief.
    (10) 42 U.S.C. 8625. Low Income Home Energy Assistance Program.
    (11) 42 U.S.C. 9849. Head Start.
    (12) 42 U.S.C. 9918. Community Services Block Grant Program.
    (13) 42 U.S.C. 10406. Family Violence Prevention and Services.
    (d)(1) A grant applicant or recipient may rely on applicable 
Federal

[[Page 80063]]

protections for religious freedom and conscience, and application of a 
particular provision(s) of this section to specific contexts, 
procedures, or services shall not be required where such protections 
apply.
    (2) A grant applicant or recipient that seeks assurance consistent 
with paragraph (d)(1) of this section regarding the application of 
particular provision(s) of this part to specific contexts, procedures, 
or services may do so by submitting a notification in writing to the 
HHS awarding agency, the Office of the Assistant Secretary for 
Financial Resources (ASFR), or the Office for Civil Rights (OCR). 
Notification may be provided by the grant applicant or recipient at any 
time, including before an investigation is initiated or during the 
pendency of an investigation. The notification must include:
    (i) The particular provision(s) of this section from which the 
applicant or recipient asserts they are exempt under Federal religious 
freedom or conscience protections;
    (ii) The legal basis supporting the applicant's or recipient's 
exemption should include the standards governing the applicable Federal 
religious freedom and conscience protections, such as the provisions in 
the relevant statute from which the applicant or recipient is 
requesting an exemption; the Church, Coats-Snowe, and Weldon 
Amendments; the generally applicable requirements of the Religious 
Freedom Restoration Act (RFRA); and
    (iii) The factual basis supporting the applicant's or recipient's 
exemption, including identification of the conflict between the 
applicant's or recipient's religious or conscience beliefs and the 
requirements of this section, which may include the specific contexts, 
procedures, or services that the applicant or recipient asserts will 
violate their religious or conscience beliefs overall or based on an 
individual matter related to a particular grant.
    (3) A temporary exemption from administrative investigation and 
enforcement will take effect upon the applicant's or recipient's 
submission of the notification--regardless of whether the assurance is 
sought before or during an investigation. The temporary exemption is 
limited to the application of the particular provision(s) of the 
relevant statute as applied to the specific contexts, procedures, or 
services identified in the notification to the HHS awarding agency, 
ASFR, or OCR.
    (i) If the notification is received before an investigation is 
initiated, within 30 days of receiving the notification, OCR, ASFR, or 
the HHS awarding agency must provide the applicant or recipient with 
email confirmation acknowledging receipt of the notification. The HHS 
awarding agency, working jointly with ASFR and OCR, will then work 
expeditiously to reach a determination of applicant's or recipient's 
notification request.
    (ii) If the notification is received during the pendency of an 
investigation, the temporary exemption will exempt conduct as applied 
to the specific contexts, procedures, or services identified in the 
notification during the pendency of the HHS awarding agency's review 
and determination, working jointly with ASFR and OCR, regarding the 
notification request. The notification shall further serve as a defense 
to the relevant investigation or enforcement activity regarding the 
applicant or recipient until the final determination of the applicant's 
or recipient's exemption assurance request or the conclusion of the 
investigation.
    (4) If the HHS awarding agency, working jointly with ASFR and OCR, 
makes a determination to provide assurance of the applicant's or 
recipient's exemption from the application of the relevant statutory 
provision(s) or that modified application of certain provision(s) is 
required, the HHS awarding agency, ASFR, or OCR, will provide the 
applicant or recipient the determination in writing, and if granted, 
the applicant or recipient will be considered exempt from OCR's 
administrative investigation and enforcement with regard to the 
application of that provision(s) as applied to the specific contexts, 
procedures, or services provided. The determination does not otherwise 
limit the application of any other provision of the relevant statute to 
the applicant or recipient or to other contexts, procedures, or 
services.
    (5) An applicant or recipient subject to an adverse determination 
of its request for an exemption assurance may appeal the Department's 
determination under the administrative procedures set forth at 45 CFR 
part 81. The temporary exemption provided for in paragraph (f)(3) of 
this section will expire upon a final decision under 45 CFR part 81.
    (6) A determination under this paragraph (d) is not final for 
purposes of judicial review until after a final decision under 45 CFR 
part 81.
    (e) Any provision of this section held to be invalid or 
unenforceable by its terms, or as applied to any person or 
circumstance, shall be severable from this section and shall not affect 
the remainder thereof or the application of the provision to other 
persons not similarly situated or to other, dissimilar circumstances.


Sec.  300.305  Federal payment.

    In addition to 2 CFR 200.305(b), the following requirement applies:
    (a) For States, payments are governed by Treasury-State Cash 
Management Improvement Act (CMIA) agreements and default procedures 
codified at 31 CFR part 205 and TFM 4A-2000 Overall Disbursing Rules 
for All Federal Agencies. To the extent that Treasury-State CMIA 
agreements and default procedures do not address expenditure of program 
income, rebates, refunds, contract settlements, audit recoveries and 
interest earned on such funds, such funds must be expended before 
requesting additional cash payments.
    (b) [Reserved]


Sec.  300.308  Revision of budget and program plans.

    In addition to the requirements of 2 CFR 200.308(f) a recipient or 
subrecipient must also request approval from the Federal agency or 
pass-through entity for the inclusion of research patient care costs in 
research awards made for the performance of research work.


Sec.  300.315  Intangible property.

    In addition to the requirements of 2 CFR 200.315(c), no 
scholarship, fellowship, training grant, or other funding agreement 
made primarily to a recipient for educational purposes will contain any 
provision giving the Federal agency rights to inventions made by the 
recipient or subrecipient.

Subpart E--Cost Principles


Sec.  300.414  Indirect costs.

    In addition to 2 CFR 200.414(c), the following specific indirect 
cost provisions apply:
    (a) Indirect costs on training grants are limited to a fixed rate 
of eight percent of MTDC exclusive of tuition and related fees, direct 
expenditures for equipment, and subawards in excess of $25,000;
    (b) Indirect costs on grants awarded to foreign organizations and 
foreign public entities and performed fully outside of the territorial 
limits of the U.S. may be paid to support the costs of compliance with 
federal requirements at a fixed rate of eight percent of MTDC exclusive 
of tuition and related fees, direct expenditures for equipment, and 
subawards in excess of $25,000; and
    (c) Negotiated indirect costs may be paid to the American 
University, Beirut, and the World Health Organization.

[[Page 80064]]

HHS Selected Items of Cost


Sec.  300.477  Independent research and development costs.

    Independent research and development is research and development 
which is conducted by an organization, and which is not sponsored by 
Federal or non-Federal awards, contracts, or other agreements. 
Independent research and development shall be allocated its 
proportionate share of indirect costs on the same basis as the 
allocation of indirect costs to sponsored research and development. The 
cost of independent research and development, including their 
proportionate share of indirect costs, are unallowable.


Sec.  300.478  Shared responsibility payments.

    (a) Payments for failure to maintain minimum essential health 
coverage. Any payments or assessments imposed on an individual or 
individuals pursuant to 26 U.S.C. 5000A(b) as a result of any failure 
to maintain minimum essential coverage as required by 26 U.S.C. 
5000A(a) with respect to any period prior to January 1, 2019, are not 
allowable expenses under Federal awards from an HHS awarding agency.
    (b) Payments for failure to offer health coverage to employees. Any 
payments or assessments imposed on an employer pursuant to 26 U.S.C. 
4980H as a result of the employer's failure to offer to its full-time 
employees (and their dependents) the opportunity to enroll in minimum 
essential coverage under an eligible employer-sponsored plan are not 
allowable expenses under Federal awards from an HHS awarding agency.

Appendices I Through XII to Part 300--[Reserved]

Appendix IX to Part 300 [Transferred From 45 CFR Part 75, Appendix IX]

0
4. Transfer 45 CFR part 75, appendix IX, to appendix IX to part 300.

Title 42--Public Health

PART 38--DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING

0
5. 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. 1110, 41 FR 15681.


0
6. Amend Sec.  38.5:
0
a. In paragraph (d) by:
0
i. Adding in alphanumeric order a listing for 2 CFR parts 200 and 300; 
and
0
ii. Removing the listing ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards''; 
and
0
b. In paragraph (e) by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''.
    The addition reads as follows:


Sec.  38.5  Grant assistance.

* * * * *
    (d) * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards
* * * * *

PART 50--POLICIES OF GENERAL APPLICABILITY

0
7. 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
8. Amend Sec.  50.309 by removing ``45 CFR 75.361 et seq'' and adding 
in its place ``2 CFR 200.334''.


Sec.  50.504  [Amended]

0
9. Amend Sec.  50.504 in paragraph (a)(3) by removing ``45 CFR part 75, 
subpart E,'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.


Sec.  50.604  [Amended]

0
10. Amend Sec.  50.604 in paragraph (i) by removing ``45 CFR 75.361'' 
and adding in its place ``2 CFR 200.334''.


Sec.  50.606  [Amended]

0
11. Amend Sec.  50.606 in paragraph (b) in the last sentence, by 
removing ``specific award conditions under 45 CFR 75.207'' and adding 
in its place ``specific conditions under 2 CFR 200.208'' and removing 
``45 CFR 75.371'' and adding in its place ``2 CFR 200.339''.

0
12. Amend Sec.  50.607 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
    The addition reads as follows:


Sec.  50.607  Other HHS regulations that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 51--REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR 
INDIVIDUALS WITH MENTAL ILLNESS PROGRAM

0
13. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 10801, et seq.


0
14. Amend Sec.  51.4:
0
a. In the introductory text, by removing ``of titles 42 and 45 CFR'';
0
b. By adding in alphanumeric order an entry for 2 CFR parts 200 and 
300; and
0
c. By removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  51.4  Grants administration requirements.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  51.10  [Amended]

0
15. Amend Sec.  51.10 by removing ``45 CFR Part 75'' and adding in its 
place ``2 CFR parts 200 and 300''.

PART 51a--PROJECT GRANTS FOR MATERNAL AND CHILD HEALTH

0
16. 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)).


0
17. Amend Sec.  51a.7,
0
a. In paragraph (a) by adding in alphanumeric order ``2 CFR parts 200 
and 300--Uniform Administrative Requirements, Cost Principles, and 
Audit Requirements for Federal Awards
0
b. In paragraph (b) by removing ``45 CFR part 75--Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for HHS Awards.''
    The addition reads as follows:


Sec.  51a.7  Which other DHHS regulations apply?

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 51b--PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES

0
18. The authority citation for part 51b continues to read as follows:


[[Page 80065]]


    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
19. Amend Sec.  51b.105 by removing ``45 CFR part 75--Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for HHS Awards'' and adding in alphanumeric order ``2 CFR parts 200 and 
300--Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards''.


Sec.  51b.106  [Amended]

0
20. Amend Sec.  51b.106 in paragraph (d) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.

PART 51c--GRANTS FOR COMMUNITY HEALTH SERVICES

0
21. 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
22. Amend Sec.  51c.107:
0
a. In paragraph (a), by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''; and
0
b. In paragraph (b)(7), by removing ``45 CFR part 75;'' and adding in 
its place ``2 CFR parts 200 and 300''.


Sec.  51c.112  [Amended]

0
23. Amend Sec.  51c.112 in paragraph (c)(2)(iii) by removing ``45 CFR 
75.307, 75.371 through 75.385, and 75.316-75.325'' and adding in its 
place ``2 CFR 200.307, 2 CFR 200.339 through 200.344, and 200.310 
through 200.316''.


Sec.  51c.113  [Amended]

0
24. Amend Sec.  51c.113, by removing ``45 CFR part 75'' in the section 
heading and the text and adding in its place ``2 CFR parts 200 and 
300''.


Sec.  51c.502  [Amended]

0
25. Amend Sec.  51c.502 in paragraph (a) by removing ``45 CFR 75.2'' 
and adding in its place ``2 CFR 200.1''.

PART 51d--MENTAL HEALTH AND SUBSTANCE ABUSE EMERGENCY RESPONSE 
PROCEDURES

0
26. The authority citation for part 51d is revised to read as follows:

    Authority: 42 U.S.C. 290aa(o).


0
27. Amend Sec.  51d.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  51d.8  Which other HHS regulations apply to these awards?

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  51d.10  [Amended]

0
28. Amend Sec.  51d.10 by:
0
a. Removing ``45 CFR 75.341,'' and adding in its place ``2 CFR 
200.328,'' in paragraph (a)(2);
0
b. Removing ``CFR 75.342'' and adding in its place ``2 CFR 200.329,'' 
in paragraphs (a)(3) and (b)(1);
0
c. Removing ``45 CFR 75.341,'' and adding in its place ``2 CFR 
200.328,'' in paragraph (b)(2); and
0
d. Removing ``CFR 75.342'' and adding in its place ``2 CFR 200.329,'' 
in paragraph (b)(4).

PART 52--GRANTS FOR RESEARCH PROJECTS

0
29. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 216.


Sec.  52.6  [Amended]

0
30. Amend Sec.  52.6 in the last sentence of paragraph (a) by removing 
``45 CFR part 75, subpart E'' and adding in its place ``2 CFR parts 200 
and 300, subpart E.''

0
31. Amend Sec.  52.8 by:
0
a. Adding in alphanumeric order and entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  52.8  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 52a--NATIONAL INSTITUTES OF HEALTH CENTER GRANTS

0
32. 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
33. Amend Sec.  52a.4 in paragraph (i) by removing ``45 CFR 75.307'' 
and adding in its place ``2 CFR 200.307''.


Sec.  52a.7  [Amended]

0
34. Amend Sec.  52a.7 by removing ``45 CFR part 75, subpart E.'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
35. Amend Sec.  52a.8 by:
0
a. Adding in alphanumeric order and entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  52a.8  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

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.


Sec.  52b.7  [Amended]

0
37. Amend Sec.  52b.7 in the last sentence of paragraph (c) by removing 
``45 CFR part 75'' and adding in its place ``2 CFR parts 200 and 300''.

0
38. Amend Sec.  52b.14 by revising the section heading and in paragraph 
(b) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The revision and addition read as follows:


Sec.  52b.14  Other Federal laws, regulations, Executive orders, and 
policies that apply.

* * * * *
    (b) * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

[[Page 80066]]

PART 52c--MINORITY BIOMEDICAL RESEARCH SUPPORT PROGRAM

0
39. 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
40. Amend Sec.  52c.6 in paragraph (a) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E.''

0
41. Amend Sec.  52c.7 by:
0
a. Adding an entry in alphanumeric order 2 CFR parts 200 and 300; and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards'' 
and adding in alphanumeric order ``2 CFR parts 200 and 300--Uniform 
Administrative Requirements, Cost Principles, and Audit Requirements 
for Federal Awards.''
    The addition reads as follows:


Sec.  52c.7  Other HHS regulations that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 52d--NATIONAL CANCER INSTITUTE CLINICAL CANCER EDUCATION 
PROGRAM

0
42. 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
43. Amend Sec.  52d.7 in paragraph (a) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.

0
44. Amend Sec.  52d.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  52d.8  Other HHS regulations that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 52e--NATIONAL HEART, LUNG, AND BLOOD INSTITUTE GRANTS FOR 
PREVENTION AND CONTROL PROJECTS

0
45. The authority citation for part 52e continues to read as follows:

    Authority: 42 U.S.C. 216, 285b-1.


Sec.  52e.6  [Amended]

0
46. Amend Sec.  52e.6 in paragraph (e) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.


Sec.  52e.7  [Amended]

0
47. Amend Sec.  52e.7 in paragraph (a) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.

0
48. Amend Sec.  52e.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  52e.8  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 55a--PROGRAM GRANTS FOR BLACK LUNG CLINICS

0
49. 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)).

0
50. Amend Sec.  55a.107 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  55a.107  What other regulations apply?

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  55a.201  [Amended]

0
51. Amend Sec.  55a.201(g) by removing ``subpart F of 45 CFR part 75'' 
and adding in its place ``subpart F of 2 CFR part 200''.

PART 56--GRANTS FOR MIGRANT HEALTH SERVICES

0
52. 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
53. Amend Sec.  56.108 in paragraph (a) by removing ``45 CFR part 75'' 
and adding in its place ``2 CFR parts 200 and 300''.


Sec.  56.113  [Amended]

0
54. In Sec.  56.113(c)(2)(iii), remove ``45 CFR 75.307, 75.371 through 
75.385, and 75.316 through 75.325'' and add in its place ``2 CFR 
200.307, 2 CFR 200.339 through 200.344, and 200.310 through 200.316.''


Sec.  56.114  [Amended]

0
55. Amend Sec.  56.114, by removing ``45 CFR part 75'' each time it 
appears and replacing it with ``2 CFR parts 200 and 300''.

PART 57--GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES, 
EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS

0
56. 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
57. Amend Sec.  57.215 in paragraph (a)(3) by removing ``45 CFR part 
75'' and adding in its place ``2 CFR parts 200 and 300''.
0
58. The authority citation for part 57, subpart D, continues to read as 
follows:

    Authority:  Sec. 215 of the Public Health Service Act, 58 Stat. 
690, 67 Stat. 631 (42 U.S.C. 216); secs. 835-842 of the Public 
Health Service Act, 77 Stat. 913-916, as amended by 99 Stat. 397-
400, 536-537, and 102 Stat. 3160-3161 (42 U.S.C. 297 a-i).


Sec.  57.315  [Amended]

0
59. Amend Sec.  57.315 in paragraph (b)(2) by removing ``45 CFR part 
75'' and adding in its place ``2 CFR parts 200 and 300''.

[[Page 80067]]

PART 59--GRANTS FOR FAMILY PLANNING SERVICES

0
60. The authority citation for part 59 continues to read as follows:

    Authority: 42 U.S.C. 300a-4.


Sec.  59.9  [Amended]

0
61. Amend Sec.  59.9 by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''.


Sec.  59.206  [Amended]

0
62. Amend Sec.  59.206 in paragraph (c) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.


Sec.  59.208  [Amended]

0
63. Amend Sec.  59.208 in paragraph (a) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.


Sec.  59.212  [Amended]

0
64. Amend Sec.  59.212 in paragraph (d)(2)(iii) by removing ``45 CFR 
75.307, 75.371 through 75.385, and 75.316-75.325'' and adding in its 
place ``2 CFR 200.307, 2 CFR 200.339 through 200.344, and 200.310 
through 200.316''.


Sec.  59.215  [Amended]

0
65. Amend Sec.  59.215 by removing ``45 CFR part 75'' in the section 
heading and the text and adding in its place ``2 CFR parts 200 and 
300''.

PART 59a--NATIONAL LIBRARY OF MEDICINE GRANTS

0
66. 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
67. Amend Sec.  59a.6 by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
68. Amend Sec.  59a.7 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
    The addition reads as follows:


Sec.  59a.7  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  59a.16  [Amended]

0
69. Amend Sec.  59a.16 in paragraph (a) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.

0
70. Amend Sec.  59a.17 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  59a.17  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 62--NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP AND LOAN 
REPAYMENT PROGRAMS

0
71. 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.

0
72. Amend Sec.  62.58 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
    The addition reads as follows:


Sec.  62.58  What other regulations apply?

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 63a--NATIONAL INSTITUTES OF HEALTH TRAINING GRANTS

0
73. 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
74. Amend Sec.  63a.10 in paragraph (a) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.

0
75. Amend Sec.  63a.11 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform administrative 
requirements, cost principles, and audit requirements for HHS Awards.''
    The addition reads as follows:


Sec.  63a.11  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 64--NATIONAL LIBRARY OF MEDICINE TRAINING GRANTS

0
76. The authority citation for part 64 continues to read as follows:

    Authority:  42 U.S.C. 216, 286b-3.


Sec.  64.8  [Amended]

0
77. Amend Sec.  64.8 in the introductory text by removing ``45 CFR part 
75, subpart E'' and adding in its place ``2 CFR parts 200 and 300, 
subpart E''.

0
78. Amend Sec.  64.9 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  64.8  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 65--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
HAZARDOUS WASTE WORKER TRAINING

0
79. 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
80. Amend Sec.  65.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  65.8  What additional Department regulations apply to grantees?

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost

[[Page 80068]]

Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 65a--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
HAZARDOUS SUBSTANCES BASIC RESEARCH AND TRAINING GRANTS

0
81. The authority citation for part 65a continues to read as follows:

    Authority: 42 U.S.C. 216, 9660(a).


Sec.  65a.9  [Amended]

0
82. Amend Sec.  65a.9 in paragraph (a) by removing ``45 CFR 75.308'' 
and adding in its place ``2 CFR 200.308 as amended by 2 CFR 300.308''.


Sec.  65a.10  [Amended]

0
83. Amend Sec.  65a.10 by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
84. Amend Sec.  65a.11 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  65a.11  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 66--NATIONAL RESEARCH SERVICE AWARDS

0
85. The authority citation for part 66 continues to read as follows:

    Authority: 42 U.S.C. 216, 288.

0
86. Amend Sec.  66.207 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  66.207  Other HHS regulations and policies that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 67--AGENCY FOR HEALTH CARE POLICY AND RESEARCH GRANTS AND 
CONTRACTS

0
87. 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
88. Amend Sec.  67.11 in the definition of ``Grant,'' by removing ``45 
CFR part 75'' and adding in its place ``2 CFR parts 200 and 300''.


Sec.  67.18  [Amended]

0
89. Amend Sec.  67.18 by removing by removing ``45 CFR part 75'' and 
adding in its place ``2 CFR parts 200 and 300''.

0
90. Amend Sec.  67.19 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  67.19  Other applicable regulations.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 124--MEDICAL FACILITY CONSTRUCTION AND MODERNIZATION

0
91. 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
92. Amend Sec.  124.6 by removing ``45 CFR 75.305'' and adding in its 
place 2 CFR 200.305 as amended by 2 CFR 300.305''.


Sec.  124.7  [Amended]

0
93. Amend Sec.  124.7 by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''.


Sec.  124.11  [Amended]

0
94. Amend Sec.  124.11, by removing by removing ``45 CFR part 75'' in 
the section heading and the text and adding in its place ``2 CFR parts 
200 and 300''.

PART 136--INDIAN HEALTH

0
95. 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.  136.104  [Amended]

0
96. Amend Sec.  136.104 in paragraph (a) by removing ``45 CFR part 
75.206'' and adding in its place ``2 CFR 200.207''.


Sec.  136.105  [Amended]

0
97. Amend Sec.  136.105 by:
0
a. Redesignating the note following paragraph (e) as ``Note 1 to 
paragraph (e)''; and
0
b. Removing ``45 CFR 75.304'' and adding in its place ``2 CFR 200.304'' 
in the newly redesignated note.


Sec.  136.107  [Amended]

0
97. Amend Sec.  136.107:
0
a. In paragraph (a) by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E:''
0
b. By redesignating the note following paragraph (b) as ``Note 1 to 
paragraph (b)''; and
0
c. By removing ``45 CFR 75.306'' and adding in its place ``2 CFR 
200.306'' in the newly redesignated note.


Sec.  136.110  [Amended]

0
99. Amend Sec.  136.110 in paragraph (b)(3) by removing ``45 CFR 75.326 
through 75.340'' and adding in its place ``2 CFR 200.317 through 
200.327''.


Sec.  136.111  [Amended]

0
100. Amend Sec.  136.111 by redesignating the note at the end of the 
section as ``Note 1 to Sec.  136.111'' and by removing ``45 CFR 
75.305(b)(9)'' and adding in its place ``2 CFR 200.305(b)(12)'' in the 
newly redesignated note.

0
101. Amend Sec.  136.114 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  136.114  Applicability of other Department regulations.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  136.115  [Amended]

0
102. Amend Sec.  136.115 by:

[[Page 80069]]

0
a. Redesignating the note at the end of the section as ``Note 1 to 
Sec.  136.115''; and
0
b. Removing ``45 CFR 75.371 through 75.385'' and adding in its place 
``2 CFR 200.339 through 200.344'' in the newly redesignated note.


Sec.  136.116  [Amended]

0
103. Amend Sec.  136.116 by:
0
a. Removing ``45 CFR 75.341 through 75.360'' and adding in its place 
``2 CFR 200.328 through 200.333''; and
0
b. By redesignating the note at the end of the section as ``Note 1 to 
Sec.  136.116'' and by removing ``45 CFR part 75'' and adding in its 
place ``2 CFR parts 200 and 300'' in the newly redesignated note.


Sec.  136.120  [Amended]

0
104. Amend Sec.  136.120 by redesignating the note at the end of the 
section as ``Note 1 to Sec.  1366.120'' and by removing ``45 CFR part 
75'' and adding in its place ``2 CFR parts 200 and 300'' in the newly 
redesignated note.


Sec.  136.302  [Amended]

0
105. Amend Sec.  136.302 in paragraph (r) by removing ``45 CFR 75.2'' 
and adding in its place ``2 CFR 200.1''.


Sec.  136.312  [Amended]

0
106. Amend Sec.  136.312 in paragraph (a) by removing ``45 CFR 75.206'' 
and adding in its place ``2 CFR 200.207''.


Sec.  136.314  [Amended]

0
107. Amend Sec.  136.314 by removing ``45 CFR part 75, subpart E'' and 
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
108. Amend Sec.  136.316 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  136.316  Other HHS regulations that apply.

* * * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *

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 in paragraph (1) of the definition of ``Small 
capital expenditure'' by removing ``45 CFR 75.2'' and adding in its 
place ``2 CFR 200.1''.

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).


0
112. Amend Sec.  430.2 in paragraph (b) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards
    The addition reads as follows:


Sec.  430.2  Other applicable Federal regulations.

* * * * *
    (b) * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  430.30  [Amended]

0
113. Revise Sec.  430.30 in paragraph (e) introductory text by removing 
``45 CFR 75'' and adding ``2 CFR parts 200 and 300'', in paragraph 
(e)(1) by removing ``45 CFR 75.306'' and adding ``2 CFR 200.306'', and 
in paragraph (e)(2) by removing ``45 CFR 75.341'' and adding ``2 CFR 
200.328''.

PART 433--STATE FISCAL ADMINISTRATION

0
114. The authority citation for part 433 continues to read as follows:

    Authority: 42 U.S.C. 1302


Sec.  433.112  [Amended]

0
115. Amend Sec.  433.112 in paragraph (b)(7) by removing ``45 CFR part 
75, subpart E'' and adding in its place ``2 CFR parts 200 and 300, 
subpart E''.


Sec.  433.322  [Amended]

0
116. Amend Sec.  433.322 by removing ``45 CFR 75.361 through 75.370'' 
and adding in its place ``2 CFR 200.334 through 200.338''.

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 75'' and adding 
in its place ``2 CFR parts 200 and 300''.


Sec.  434.70  [Amended]

0
119. Amend Sec.  434.70 in paragraph (a)(2) by removing ``45 CFR part 
75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 436--ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS

0
120a. 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
120b. Amend Sec.  436.407 in paragraph (j) by removing ``45 CFR 
75.361'' and adding in its place ``2 CFR 200.334''.

PART 438--MANAGED CARE

0
121. The authority citation for part 438 continues to read as follows:

    Authority: 42 U.S.C. 1302


Sec.  438.356  [Amended]

0
122. Amend Sec.  438.356 in paragraph (e) by removing ``45 CFR part 
75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 440--SERVICES: GENERAL PROVISIONS

0
123. The authority citation for part 440 continues to read as follows:

    Authority: 42 U.S.C. 1302)


Sec.  440.170  [Amended]

0
124. Amend Sec.  440.170 in paragraph (a)(4)(i)(A) by removing ``45 CFR 
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through 
200.327''.

PART 441--SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC 
SERVICES

0
125. The authority citation for part 441 continues to read as follows:

    Authority:  42 U.S.C. 1302


Sec.  441.208  [Amended]

0
126. Amend Sec.  441.208 by removing ``45 CFR 75.361'' and adding in 
its place ``2 CFR 200.334''.


Sec.  441.353  [Amended]

0
127. Amend Sec.  441.353 in paragraph (c)(3) by removing ``45 CFR part 
75'' and

[[Page 80070]]

adding in its place ``2 CFR parts 200 and 300''.


Sec.  441.484  [Amended]

0
128. Amend Sec.  441.484 in paragraph (a)(2) by removing ``45 CFR 
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through 
200.327''.

PART 456--UTILIZATION CONTROL

0
129. The authority citation for part 456 continues to read as follows:

    Authority:  42 U.S.C. 1302


Sec.  456.722  [Amended]

0
130. Amend Sec.  456.722 in paragraph (c)(1) by removing ``45 CFR 
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through 
200.327''.

PART 457--ALLOTMENTS AND GRANTS TO STATES

0
131. The authority citation for part 457 continues to read as follows:

    Authority: 42 U.S.C. 1302


Sec.  457.230  [Amended]

0
132. Amend Sec.  457.230 by removing ``45 CFR part 75'' and adding in 
its place ``2 CFR parts 200 and 300''.

0
133. Amend Sec.  457.628 in paragraph (b) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  457.628  Other applicable Federal regulations.

* * * * *
    (b) * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  457.630  [Amended]

0
134. Amend Sec.  457.630 in paragraph (f) introductory text by removing 
``45 CFR part 75'' and adding in its place ``2 CFR parts 200 and 300,'' 
in paragraph (f)(1) by removing ``45 CFR 75.306'' and adding in its 
place ``2 CFR 200.306,'' and in paragraph (f)(2) by removing ``45 CFR 
75.341'' and adding in its place ``2 CFR 200.328''.


Sec.  457.940  [Amended]

0
135. Amend Sec.  457.940 in paragraph (b) by removing 45 CFR part 75'' 
and adding in its place ``2 CFR parts 200 and 300,'' and in paragraph 
(c) by removing ``45 CFR part 75'' and adding in its place ``2 CFR 
parts 200 and 300''.

PART 1001--PROGRAM INTEGRITY--MEDICARE AND STATE HEALTH CARE 
PROGRAMS

0
136. 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, Pub. L. 103-355, 108 Stat. 3327 
(31 U.S.C. 6101 note).


Sec.  1001.952  [Amended]

0
137. Amend Sec.  1001.952:
0
a. In paragraph (w)(7) by removing ``45 CFR 75.326 through 75.340'' and 
adding in its place ``2 CFR 200.317 through 200.327'' and
0
b. In paragraph (ii)(4)(ii) by removing ``45 CFR 75.2'' and adding in 
its place ``2 CFR 200.1'' and removing ``45 CFR 75.381'' and adding in 
its place ``2 CFR 200.344''.

PART 1007--STATE MEDICAID FRAUD CONTROL UNITS

0
138. The authority citation for part 1007 continues to read as follows:

    Authority: 1396a(a)(61), 1396b(a)(6), 1396b(b)(3), and 1396b(q).


Sec.  1007.17  [Amended]

0
139. Amend Sec.  1007.17 in paragraph (d)(1) by removing ``45 CFR 
75.207'' and adding in its place ``2 CFR 200.208''.

Title 45--Public Welfare

PART 16--PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD

0
140. 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
141. Amend Sec.  16.1 by removing ``part 75 of this title'' and adding 
in its place ``2 CFR parts 200 and 300''.


Sec.  16.2  [Amended]

0
142. Amend Sec.  16.2 in paragraph (b) by removing ``part 75 of this 
title'' and adding in its place ``2 CFR parts 200 and 300''.


Sec.  16.3  [Amended]

0
143. Amend Sec.  16.3 in paragraph (b) by removing ``45 CFR 75.374'' 
and adding in its place ``2 CFR 200.342''.


Sec.  16.7  [Amended]

0
144. Amend Sec.  16.7 in paragraph (a) by removing ``45 CFR 75.374'' 
and adding in its place ``2 CFR 200.342''.


Sec.  16.22  [Amended]

0
145. Amend Sec.  16.22 in paragraph (b)(1) by removing ``see Sec.  
75.371 of this title'' and adding in its place ``see 2 CFR 200.339''.

PART 63--GRANT PROGRAMS ADMINISTERED BY THE OFFICE OF THE ASSISTANT 
SECRETARY FOR PLANNING AND EVALUATION

0
146. 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).


0
147. Amend Sec.  63.8 by revising paragraph (c)(1) to read as follows:


Sec.  63.8  Supplemental regulations and grant conditions.

* * * * *
    (c) * * *
    (1) Title 2 CFR parts 200 and 300, establishing uniform 
administrative requirements, cost principles and audit requirements for 
Federal awards.
* * * * *


Sec.  63.34  [Amended]

0
148. Amend Sec.  63.34 by removing ``Sec.  75.372'' and adding in its 
place ``2 CFR 200.340''.

PART 75--[AMENDED]

0
149. Transfer Appendix IX to part 75 to 2 CFR part 300.

PART 75--[REMOVED AND RESERVED]

0
150. Under the authority of 5 U.S.C. 301, part 75 is removed and 
reserved.

PART 87--EQUAL TREATMENT FOR FAITH-BASED ORGANIZATIONS

0
151. The authority citation for part 87 continues to read as follows:

    Authority: 5 U.S.C. 301; 42 U.S.C. 2000bb et seq.


Sec.  87.2  [Amended]

0
152. Amend Sec.  87.2 in the introductory text by removing ``45 CFR 
part 75'' and adding in its place ``2 CFR parts 200 and 300''.

[[Page 80071]]

PART 95--GENERAL ADMINISTRATION--GRANT PROGRAMS (PUBLIC ASSISTANCE, 
MEDICAL ASSISTANCE AND STATE CHILDREN'S HEALTH INSURANCE PROGRAMS)

0
153. 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
154. Amend Sec.  95.613 in the first sentence of paragraph (a) by 
removing ``part 75'' and adding in its place ``2 CFR parts 200 and 
300'' and in the second sentence by removing ``Sec.  75.328'' and 
adding in its place ``2 CFR 200.319''.


Sec.  95.621  [Amended]

0
155. Amend Sec.  95.621 in paragraph (d) by removing ``part 75'' and 
adding in its place ``2 CFR parts 200 and 300''.


Sec.  95.705  [Amended]

0
156. Amend Sec.  95.705 in paragraph (a) in the last sentence by 
removing ``part 75'' and adding in its place ``2 CFR parts 200 and 
300''.


Sec.  95.707  [Amended]

0
157. Amend Sec.  95.707 in paragraph (a) by removing ``Sec.  75.320'' 
and adding in its place ``2 CFR 200.313''.

PART 98--CHILD CARE AND DEVELOPMENT FUND

0
158. The authority citation for part 98 continues to read as follows:

    Authority: 42 U.S.C. 618, 9858.


Sec.  98.60  [Amended]

0
159. Amend Sec.  98.60 in paragraph (d)(5)(ii) by removing ``45 CFR 
75.2'' and adding in its place ``2 CFR 200.1''.


Sec.  98.65  [Amended]

0
160. Amend Sec.  98.65 in paragraph (a) by removing ``45 CFR part 75, 
subpart F'' and adding in its place ``2 CFR part 200, subpart F''.


Sec.  98.84  [Amended]

0
161. Amend Sec.  98.84:
0
a. In paragraph (d)(1) by removing ``45 CFR 75.318'' and adding in its 
place ``2 CFR 200.311'';
0
b. In paragraph (d)(2) by removing ``45 CFR 75.318(c)'' and adding in 
its place ``2 CFR 200.311(d)'';
0
c. In paragraph (d)(3) by removing ``45 CFR 75.318(a)'' and adding in 
its place ``2 CFR 200.311(a)'';
0
d. in paragraph (d)(4) by removing ``this part'' and adding in its 
place ``2 CFR parts 200 and 300'';
0
e. In paragraph (d)(5) by removing ``45 CFR 75.307'' and adding in its 
place ``2 CFR 200.307''; and
0
f. In paragraph (d)(6) by removing ``45 CFR 92.36; 45 CFR 75.326 
through 75.335'' and adding in its place ``2 CFR 200.317 through 
200.327.''

PART 261--ENSURING THAT RECIPIENTS WORK

0
162. The authority citation for part 261 continues to read as follows:

    Authority: 42 U.S.C. 601, 602, 607, and 609; Pub. L. 109-171.


Sec.  261.64  [Amended]

0
163. Amend Sec.  261.64 in paragraph (c) by removing ``45 CFR part 75, 
subpart F'' and adding in its place ``2 CFR part 200, subpart F''.

PART 262--ACCOUNTABILITY PROVISIONS--GENERAL

0
164. 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; 
Sec. 7102, Pub. L. 109-171, 120 Stat. 135; Sec. 4004, Pub. L. 112-
96, 126 Stat. 197.


Sec.  262.3  [Amended]

0
165. Amend Sec.  262.3 in paragraph (a)(1) by removing ``45 CFR part 
75, subpart F'' and adding in its place ``2 CFR part 200, subpart F'' 
and in paragraph (f) by removing ``45 CFR 75.361 through 75.370'' and 
adding in its place ``2 CFR 200.334 through 200.338''.

PART 263--EXPENDITURES OF STATE AND FEDERAL TANF FUNDS

0
166. 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
167. Amend Sec.  263.2 in paragraph (e)(1) by removing ``45 CFR 75.2 
and 75.306'' and adding in its place ``2 CFR 200.1 and 200.306''.


Sec.  263.11  [Amended]

0
168. Amend Sec.  263.11 in paragraph (b) by removing ``or part 75 of 
this title'' and adding in its place ``or 2 CFR parts 200 and 300''.


Sec.  263.14  [Amended]

0
169. Amend Sec.  263.14 by removing ``subpart E of part 75 of this 
title'' and adding in its place ``2 CFR parts 200 and 300, subpart E''.

PART 265--DATA COLLECTION AND REPORTING REQUIREMENTS

0
170. 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
171. Amend Sec.  265.7 in paragraph (d)(4) by removing ``Sec.  
75.302(a) of this title'' and adding in its place ``2 CFR 200.302(a)'' 
and in paragraph (g) by removing ``Sec. Sec.  75.361 through 75.370 of 
this title'' and adding in its place ``2 CFR 200.334 through 200.338''.

PART 286--TRIBAL TANF PROVISIONS

0
172. 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
173. Amend Sec.  286.30 in paragraph (c) by removing ``45 CFR part 75'' 
and adding in its place ``2 CFR parts 200 and 300'' and in paragraph 
(f)(2) by removing ``45 CFR part 75'' and adding in its place ``2 CFR 
parts 200 and 300''.


Sec.  286.45  [Amended]

0
174. Amend Sec.  286.45 in paragraph (c) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E'' and in paragraph (d) by removing ``45 CFR part 75'' and adding in 
its place ``2 CFR parts 200 and 300''.


Sec.  286.200  [Amended]

0
175. Amend Sec.  286.200 in paragraph (b) by removing ``45 CFR part 
75'' and adding in its place ``2 CFR parts 200 and 300''.


Sec.  286.205  [Amended]

0
176. Amend Sec.  286.205 in paragraph (b)(3)(iv) by removing ``45 CFR 
part 75'' and adding in its place ``2 CFR parts 200 and 300'' and in 
paragraph (c) by removing ``45 CFR part 75'' and adding in its place 
``2 CFR parts 200 and 300''.


Sec.  286.270  [Amended]

0
177. Amend Sec.  286.270 in paragraph (b) by removing ``45 CFR part 
75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 287--THE NATIVE EMPLOYMENT WORKS (NEW) PROGRAM

0
178. The authority citation for part 287 continues to read as follows:

    Authority:  42 U.S.C. 612.

[[Page 80072]]

Sec.  287.60  [Amended]

0
179. Amend Sec.  287.60 in paragraph (a) by removing ``45 CFR 75.341'' 
and adding in its place ``2 CFR 200.328'' and in paragraph (b) by 
removing 45 CFR part 75, subpart F'' and adding in its place ``2 CFR 
part 200, subpart F''.

PART 301--STATE PLAN APPROVAL AND GRANT PROCEDURES

0
180. 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
181. Amend Sec.  301.15 in paragraph (d) introductory text by removing 
``part 75 of this title'' and adding in its place ``2 CFR parts 200 and 
300'', in paragraph (d)(1) by removing ``45 CFR 75.306'' and adding in 
its place ``2 CFR 200.306'', and in paragraph (d)(2) by removing ``45 
CFR 75.341'' and adding in its place ``2 CFR 200.328''.

PART 302--STATE PLAN REQUIREMENTS

0
182. 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
183. Amend Sec.  302.14 by removing ``45 CFR 75.361 through 75.370'' 
and adding in its place ``2 CFR 200.334 through 200.338''.


Sec.  302.15  [Amended]

0
184. Amend Sec.  302.15 in paragraph (a)(8) by removing ``45 CFR 75.361 
through 75.370'' and adding in its place ``2 CFR 200.334 through 338''.

PART 303--STANDARDS FOR PROGRAM OPERATIONS

0
185. 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), 1396(k), 
and 25 U.S.C. 1603(12) and 1621e.


Sec.  303.11  [Amended]

0
186. Amend Sec.  303.11 in paragraph (e) by removing ``45 CFR 75.361'' 
and adding in its place ``2 CFR 200.334''.

PART 304--FEDERAL FINANCIAL PARTICIPATION

0
187. 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
188. Amend Sec.  304.10 by removing ``45 part 75 of this title (with 
the exception of 45 CFR 75.306 and 75.341)'' and adding in its place 
``2 CFR parts 200 and 300 (with the exception of 2 CFR 200.306 and 
200.328)''.


Sec.  304.20  [Amended]

0
189. Amend Sec.  304.20 in paragraph (b)(1)(iii) by removing ``45 CFR 
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through 
200.327''.


Sec.  304.25  [Amended]

0
190. Amend Sec.  304.25 in the first sentence of paragraph (a) by 
removing ``part 75 of this title'' and adding in its place ``2 CFR 
parts 200 and 300''.

PART 309--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM

0
191. The authority citation for part 309 continues to read as follows:

    Authority:  42 U.S.C. 655(f), 1302.


Sec.  309.75  [Amended]

0
192. Amend Sec.  309.75 in paragraph (d) by removing ``45 CFR part 75, 
subpart F'' and adding in its place ``2 CFR part 200, subpart F''.


Sec.  309.85  [Amended]

0
193. Amend Sec.  309.85 in paragraph (b) by removing ``45 CFR 75.361 
through 75.370'' and adding in its place ``2 CFR 200.334 through 
200.338''.


Sec.  309.130  [Amended]

0
194. Amend Sec.  309.130 in paragraph (f) by removing ``part 75 of this 
title'' and adding in its place ``2 CFR parts 200 and 300''.


Sec.  309.145  [Amended]

0
195. Amend Sec.  309.145 in paragraph (a)(3) introductory text by 
removing ``45 CFR 75.326 through 75.340'' and adding in its place ``2 
CFR 200.317 through 200.327'' and in paragraph (o) introductory text by 
removing ``45 CFR part 75, subpart E'' and adding in its place ``2 CFR 
parts 200 and 300, subpart E''.


Sec.  309.150  [Amended]

0
196. Amend Sec.  309.150 in paragraph (d) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.


Sec.  309.155  [Amended]

0
197. Amend Sec.  309.155 in paragraph (f) by removing ``45 CFR part 75, 
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart 
E''.


Sec.  309.160  [Amended]

0
198. Amend Sec.  309.160 by:
0
a. Removing ``45 CFR part 75''' and adding in its place ``2 CFR part 
200''.
0
b. Removing ``section 215(c) of the circular'' and adding in its place 
``2 CFR 200.503(e)''.

PART 400--REFUGEE RESETTLEMENT PROGRAM

0
199. 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
200. Amend Sec.  400.11 in paragraph (c) by removing ``Sec.  75.341 of 
this title'' and adding in its place ``2 CFR 200.328''.


Sec.  400.28  [Amended]

0
201. Amend Sec.  400.28 in paragraph (a) introductory text by removing 
``45 CFR 75.361 through 75.370'' and adding in its place ``2 CFR 
200.334 through 200.338''.

PART 1000--INDIVIDUAL DEVELOPMENT ACCOUNT RESERVE FUNDS ESTABLISHED 
PURSUANT TO GRANTS FOR ASSETS FOR INDEPENDENCE

0
202. The authority citation for part 1000 continues to read as follows:

    Authority:  42 U.S.C. 604 nt.


Sec.  1000.3  [Amended]

0
203. Amend Sec.  1000.3 in paragraphs (a) and (b) by removing ``45 CFR 
part 75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 1303--HEAD START FINANCIAL AID AND ADMINISTRATIVE REQUIREMENTS

0
204. The authority citation for part 1303 continues to read as follows:

    Authority: 42 U.S.C. 9801 et seq.


0
205. Amend Sec.  1303.3 in the chart by removing the entry for ``45 CFR 
part 75'' and adding in alphanumeric order an entry for ``2 CFR parts 
200 and 300''.


Sec.  1303.3  Other requirements.

* * * * *

[[Page 80073]]



------------------------------------------------------------------------
               Cite                                 Title
------------------------------------------------------------------------
2 CFR parts 200 and 300...........  Uniform Administrative Requirements,
                                     Cost Principles, and Audit
                                     Requirements for Federal Awards.
 
                              * * * * * * *
------------------------------------------------------------------------

Sec.  1303.12  [Amended]

0
206. Amend Sec.  1303.12 by removing ``45 CFR part 75'' and adding in 
its place ``2 CFR parts 200 and 300''.

PART 1321--GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING

0
207. The authority citation for part 1321 continues to read as follows:

    Authority: 42 U.S.C. 3001 et seq.


Sec.  1321.9  [Amended]

0
208. Amend Sec.  1321.9 paragraph (a)(1)(iii) by removing ``and 45 CFR 
part 75, subpart F,'' in paragraph (c)(2)(xi) by removing ``and 45 CFR 
75.307,'' and in paragraph (c)(2)(xi) (H) by removing ``and 45 CFR 
75.307(e)(2).''

PART 1336--NATIVE AMERICAN PROGRAMS

0
209. The authority citation for part 1336 continues to read as follows:

    Authority:  42 U.S.C. 2991 et seq.

0
210. Amend Sec.  1336.50 in paragraph (a) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300; 
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
    The addition reads as follows:


Sec.  1336.50  Financial and administrative requirements.

    (a) * * *
    2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards.
* * * * *


Sec.  1336.52  [Amended]

0
211. Amend Sec.  1336.52(b) by removing ``45 CFR 75.371 through 
75.380'' and adding in its place ``2 CFR 200.339 through 200.343''.


Sec.  1336.77  [Amended]

0
212. Amend Sec.  1336.77 in paragraph (a)(1) by removing ``45 CFR part 
75, subpart E'' and adding in its place ``2 CFR parts 200 and 300, 
subpart E'' and in paragraph (b) by removing ``45 CFR part 75'' and 
adding in its place ``2 CFR parts 200 and 300''.

PART 1355--GENERAL

0
213. 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.


Sec.  1355.30  [Amended]

0
214. Amend Sec.  1355.30 by revising paragraph (i) to read as follows:


Sec.  1355.30  Other applicable regulations.

* * * * *
    (i) 2 CFR parts 200 and 300--Uniform Administrative Requirements, 
Cost Principles, and Audit Requirements for Federal Awards. 2 CFR parts 
200 and 300 are 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. 2 CFR parts 200 and 300 are 
applicable to title IV-E foster care and adoption assistance programs 
operated by a State title IV-E agency, except that section 2 CFR 
200.306 Cost sharing and 2 CFR 200.328 Financial reporting do not 
apply. 2 CFR parts 200 and 300 are 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 2 CFR 200.328 and the sections 
specified in Sec.  1356.68 do not apply to a Tribal title IV-E agency.
* * * * *


Sec.  1355.58  [Amended]

0
215. Amend Sec.  1355.58(a) by removing ``45 CFR 75.371 through 
75.375'' and replacing it with ``2 CFR 200.339 through 200.343''.

PART 1357--REQUIREMENTS APPLICABLE TO TITLE IV-B

0
216. 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
217. Amend Sec.  1357.30 in paragraph (d) by removing ``45 CFR 75.371 
through 75.372'' and adding in its place ``2 CFR 200.339 through 
200.340'' and in paragraph (e) introductory text by removing ``45 CFR 
part 75'' and adding in its place ``2 CFR parts 200 and 300''.


Sec.  1357.40  [Amended]

0
218. In Sec.  1357.40, amend paragraph (d)(5)(i) by removing ``45 CFR 
75.371 through 75.372'' and adding in its place ``2 CFR 200.339 through 
200.340'' and in paragraph (d)(5)(ii) introductory text by removing 
``45 CFR part 75'' and adding in its place ``2 CFR parts 200 and 300''.

Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2024-21984 Filed 9-26-24; 4:15 pm]
BILLING CODE 4151-19-P