80 FR 54407 - Universal Identifier and System of Award Management; Corrections
OFFICE OF MANAGEMENT AND BUDGET Federal Register Volume 80, Issue 175 (September 10, 2015)
Federal Register Volume 80, Issue 175 (September 10, 2015)
| Page Range | 54407-54410 | |
| FR Document | 2015-22074 |
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)] [Rules and Regulations] [Pages 54407-54410] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22074] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Rules and Regulations [[Page 54407]] OFFICE OF MANAGEMENT AND BUDGET 2 CFR Parts 25 and 200 Universal Identifier and System of Award Management; Corrections AGENCY: Executive Office of the President, Office of Management and Budget. ACTION: Correcting amendments. ----------------------------------------------------------------------- SUMMARY: The Office of Management and Budget (OMB) is correcting the final guidance that appeared in the Federal Register on September 14, 2010 (75 FR 55673) and December 26, 2013 (78 FR 78589). OMB is amending the guidance to make technical corrections where needed. The final guidance is revised to remove references to the ``System of Award Management'' and replace them with the correct term ``System for Award Management''. With respect to the technical corrections to the final guidance, these corrections are included only where it has come to the attention of the Council on Financial Assistance Reform (COFAR) that particular language in the final guidance did not match with the COFAR's intent and would result in an erroneous implementation of the guidance. These technical corrections will go into effect at the time of issuance. Guidance on effective/applicability date is revised to allow a grace period of two fiscal years for non-Federal entities to implement changes to their procurement policies and procedures in accordance with guidance on procurement standards. Other requirements in the section remain as originally published. Technical corrections are made to eliminate conflicting or unclear language and grammatical inconsistencies or citation errors throughout. DATES: Effective date: September 10, 2015. Implementation date: For all non-Federal entities, there is a two- year grace period for implementation of the procurement standards in 2 CFR 200.317 through 200.326. FOR FURTHER INFORMATION CONTACT: Rhea Hubbard or Gil Tran, Office of Federal Financial Management, [email protected] or [email protected], or via telephone at (202) 395-3993. SUPPLEMENTARY INFORMATION: This is a summary of OMB's Erratum, 2 CFR 200 released on December 26, 2013. This is the second set of corrections. The first set of corrections was published in the Federal Register on December 19, 2014 (79 FR 75871). This document augments the corrections which were published in the Federal Register on December 19, 2014 (79 FR 75871). Additional Outreach and Training Since the issuance of the Uniform Guidance on December 26, 2013, the COFAR has developed and provided numerous additional resources to assist stakeholders in learning about the guidance. For a complete list and access to these resources, please visit the COFAR Web site at cfo.gov/COFAR. Resources available include a Frequently Asked Questions document, as well as several training webcasts. Please note that the Frequently Asked Questions document will be referenced as additional guidance in the 2015 issuance of Appendix XI to Part 200--Compliance Supplement. List of Subjects 2 CFR Part 25 Administrative practice and procedures, Grants administration, Grant programs, Loan programs. 2 CFR Part 200 Accounting, Auditing, Colleges and universities, State and local governments, Grant programs, Grants administration, Hospitals, Indians, Nonprofit organizations, Reporting and recordkeeping requirements. Mark Reger, Deputy Controller. Under the authority of the Chief Financial Officer Act of 1990 (31 U.S.C. 503), the Office of Management and Budget amends 2 CFR parts 25 and 200 by making the following correcting amendments: PART 25--UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT 0 1. The authority citation for part 25 continues to read as follows: Authority: Pub. L. 109-282; 31 U.S.C. 6102. 0 2. Revise the heading of part 25 to read as set forth above. Sec. Sec. 25.100 and 25.310 and Appendix A to Part 25 [Amended] 0 3. Amend Sec. Sec. 25.100 and 25.310 and Appendix A to Part 25 by removing references to ``System of Award Management'' wherever they appear, and adding, in their place, ``System for Award Management''. PART 200--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS 0 4. The authority citation for part 200 continues to read as follows: Authority: 31 U.S.C. 503. Sec. 200.19 [Amended] 0 5. Amend Sec. 200.19 paragraph (b) by removing ``C.12'' and adding, in its place ``C.2.a.''. 0 6. In Sec. 200.40 revise the introductory text of paragraph (a) and the the introductory text of paragraph (b), to read as follows: Sec. 200.40 Federal financial assistance. (a) Federal financial assistance means assistance that non-Federal entities receive or administer in the form of: * * * * * (b) For Sec. 200.202 Requirement to provide public notice of Federal financial assistance programs and Subpart F--Audit Requirements of this part, Federal financial assistance also includes assistance that non-Federal entities receive or administer in the form of: * * * * * 0 7. In Sec. 200.101, revise the table in paragraph (b)(1), and revise paragraph (d)(1), to read as follows: Sec. 200.101 Applicability. * * * * * [[Page 54408]] (b) * * * (1) * * * ------------------------------------------------------------------------ This table must be read along with the other provisions of this section ------------------------------------------------------------------------- Are applicable to the following Are NOT applicable types of Federal to the following Awards and Fixed- types of Federal The following portions of this Price Contracts Awards and Fixed- Part and Subcontracts Price Contracts (except as noted and Subcontracts: in paragraphs (d) and (e) below): ------------------------------------------------------------------------ Subpart A--Acronyms and --All............. Definitions. Subpart B--General Provisions, --All............. except for Sec. Sec. 200.111 English Language, 200.112 Conflict of Interest, 200.113 Mandatory Disclosures. Sec. Sec. 200.111 English --Grant Agreements --Agreements for Language, 200.112 Conflict of and cooperative loans, loan Interest, 200.113 Mandatory agreements. guarantees, Disclosures. interest subsidies and insurance. --Procurement contracts awarded by Federal Agencies under the Federal Acquisition Regulation and subcontracts under those contracts. Subparts C-D, except for Sec. --Grant Agreements --Agreements for Sec. 200.202 Requirement to and cooperative loans, loan provide public notice of agreements. guarantees, Federal financial assistance interest programs, 200.303 Internal subsidies and controls, 200.330-332 insurance. Subrecipient Monitoring and --Procurement Management. contracts awarded by Federal Agencies under the Federal Acquisition Regulation and subcontracts under those contracts. Sec. 200.202 Requirement to --Grant Agreements --Procurement provide public notice of and cooperative contracts awarded Federal financial assistance agreements. by Federal programs. --Agreements for Agencies under loans, loan the Federal guarantees, Acquisition interest Regulation and subsidies and subcontracts insurance. under those contracts. Sec. Sec. 200.303 Internal --All............. controls, 200.330-332 Subrecipient Monitoring and Management. Subpart E--Cost Principles...... --Grant Agreements --Grant agreements and cooperative and cooperative agreements, agreements except those providing foods providing food commodities. commodities. --Fixed amount --All procurement awards. contracts under --Agreements for the Federal loans, loans Acquisition guarantees, Regulations interest except those that subsidies and are not insurance. negotiated. --Federal awards to hospitals (see Appendix IX Hospital Cost Principles). Subpart F--Audit Requirements... --Grant Agreements --Fixed-price and cooperative contracts and agreements. subcontracts --Contracts and awarded under the subcontracts, Federal except for fixed Acquisition price contacts Regulation. and subcontracts, awarded under the Federal Acquisition Regulation. --Agreements for loans, loans guarantees, interest subsidies and insurance and other forms of Federal Financial Assistance as defined by the Single Audit Act Amendment of 1996. ------------------------------------------------------------------------ (d) * * * (1) The block grant awards authorized by the Omnibus Budget Reconciliation Act of 1981 (including Community Services), except to the extent that Subpart E--Cost Principles of this Part apply to subrecipients of Community Services Block Grant funds pursuant to 42 U.S.C. 9916(a)(1)(B); * * * * * 0 8. Revise Sec. 200.110, paragraph (a) to read as follows: Sec. 200.110 Effective/applicability date. (a) The standards set forth in this part which affect administration of Federal awards issued by Federal awarding agencies become effective once implemented by Federal awarding agencies or when any future amendment to this part becomes final. Federal awarding agencies must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. For the procurement standards in Sec. Sec. 200.317- 200.326, non-Federal entities may continue to comply with the procurement standards in previous OMB guidance (superseded by this part as described in Sec. 200.104) for two additional fiscal years after this part goes into effect. If a non-Federal entity chooses to use the previous procurement standards for an additional two fiscal years before adopting the procurement standards in this part, the non-Federal entity must document this decision in their internal procurement policies. * * * * * Sec. 200.203 [Amended] 0 9. In Sec. 200.203(a)(5), remove ``Financial'' and add, in its place, ``Domestic'' 0 10. Revise Sec. 200.305, paragraph (b)(9) introductory text to read as follows: Sec. 200.305 Payment. * * * * * (b) * * * (9) Interest earned amounts up to $500 per year may be retained by the non-Federal entity for administrative expense. Any additional interest earned on Federal advance payments deposited in interest- bearing accounts must be remitted annually to the Department of Health and Human Services Payment Management System (PMS) through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service [[Page 54409]] payment. Remittances must include pertinent information of the payee and nature of payment in the memo area (often referred to as ``addenda records'' by Financial Institutions) as that will assist in the timely posting of interest earned on federal funds. Pertinent details include the Payee Account Number (PAN) if the payment originated from PMS, or Agency information if the payment originated from ASAP, NSF or another federal agency payment system. The remittance must be submitted as follows: * * * * * 0 11. Revise Sec. 200.308, paragraph (c) to read as follows: Sec. 200.308 Revision of budget and program plans. * * * * * (c)(1) For non-construction Federal awards, recipients must request prior approvals from Federal awarding agencies for one or more of the following program or budget-related reasons: (i) Change in the scope or the objective of the project or program (even if there is no associated budget revision requiring prior written approval). (ii) Change in a key person specified in the application or the Federal award. (iii) The disengagement from the project for more than three months, or a 25 percent reduction in time devoted to the project, by the approved project director or principal investigator. (iv) The inclusion, unless waived by the Federal awarding agency, of costs that require prior approval in accordance with Subpart E--Cost Principles of this part or 45 CFR part 75 Appendix IX, ``Principles for Determining Costs Applicable to Research and Development under Awards and Contracts with Hospitals,'' or 48 CFR part 31, ``Contract Cost Principles and Procedures,'' as applicable. (v) The transfer of funds budgeted for participant support costs as defined in Sec. 200.75 Participant support costs to other categories of expense. (vi) Unless described in the application and funded in the approved Federal awards, the subawarding, transferring or contracting out of any work under a Federal award, including fixed amount subawards as described in Sec. 200.332 Fixed amount subawards. This provision does not apply to the acquisition of supplies, material, equipment or general support services. (vii) Changes in the approved cost-sharing or matching provided by the non-Federal entity. (viii) The need arises for additional Federal funds to complete the project. (2) No other prior approval requirements for specific items may be imposed unless an exception has been approved by OMB. See also Sec. Sec. 200.102 Exceptions and 200.407 Prior written approval (prior approval). * * * * * Sec. 200.320 [Amended] 0 12. In Sec. 200.320, paragraph (c)(2)(i), remove ``state,'' and remove ``publically'' and add, in its place ``publicly''. 0 13. In Sec. 200.330, revise the final sentence of paragraph (b) introductory text to read as follows: Sec. 200.330 Subrecipient and contractor determinations. * * * * * (b) * * * Characteristics indicative of a procurement relationship between the non-Federal entity and a contractor are when the contractor: * * * * * 0 14. Revise Sec. 200.331, paragraphs (a)(1)(iv), (vi), (vii), (viii), and (x); (a)(2) and (a)(4) to read as follows: Sec. 200.331 Requirements for pass-through entities. * * * * * (a) * * * (1) * * * (iv) Federal Award Date (see Sec. 200.39 Federal award date) of award to the recipient by the Federal agency; * * * * * (vi) Amount of Federal Funds Obligated by this action by the pass- through entity to the subrecipient; (vii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation; (viii) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; * * * * * (x) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity; * * * * * (2) All requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award; * * * * * (4) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government or, if no such rate exists, either a rate negotiated between the pass-through entity and the subrecipient (in compliance with this part), or a de minimis indirect cost rate as defined in Sec. 200.414 Indirect (F&A) costs, paragraph (f); * * * * * Sec. 200.431 [Amended] 0 15. In Sec. 200.431, paragraph (h)(3) remove ``Federal Government's'' and add, in its place ``non-Federal entity'' and revise paragraph (j) to read as follows: Sec. 200.431 Compensation--fringe benefits. * * * * * (j)(1) For IHEs only. Fringe benefits in the form of undergraduate and graduate tuition or remission of tuition for individual employees are allowable, provided such benefits are granted in accordance with established non-Federal entity policies, and are distributed to all non-Federal entity activities on an equitable basis. Tuition benefits for family members other than the employee are unallowable. (2) Fringe benefits in the form of tuition or remission of tuition for individual employees not employed by IHEs are limited to the tax- free amount allowed per section 127 of the Internal Revenue Code as amended. (3) IHEs may offer employees tuition waivers or tuition reductions, provided that the benefit does not discriminate in favor of highly compensated employees. Employees can exercise these benefits at other institutions according to institutional policy. See Sec. 200.466 Scholarships and student aid costs, for treatment of tuition remission provided to students. * * * * * Sec. 200.449 [Amended] 0 16. In Sec. 200.449, paragraph (e), remove ``September 23'' and add, in its place ``July 1''. 0 17. Amend Appendix III to Part 200 as follows: 0 a. In Section C.7, revise the first sentence. 0 b. Amend the final sentence of Section C.11.a.(1), by adding ``see'' after `subrecipient,''. The revision reads as follows: Appendix III to Part 200--Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs) * * * * * C. * * * 7. Except as provided in paragraph (c)(1) of Sec. 200.414 Indirect (F&A) costs, Federal agencies must use the negotiated rates in effect at the time of the initial award [[Page 54410]] throughout the life of the Federal award. * * * * * * * * 0 18. Amend Appendix IV to Part 200 as follows: 0 a. In Section A., designate the second paragraph as Section A.1.2., and revise the newly designated paragraph. 0 b. In Section B.2.e. amend the first sentence to remove ``Federal funding of direct costs'' and adding in its place ``direct Federal funding'' and remove ``section A.3 of this Appendix'' and add in its place ``paragraph (a) of Sec. 200.414 Indirect (F&A) costs''. 0 c. In Section B.3.g. amend the final sentence by removing ``section A.3 of this Appendix'' and adding in its place ``paragraph (a) of Sec. 200.414 Indirect (F&) costs'', 0 d. In Section C.2.b. amend the first sentence to remove ``(e)'' and add in its place ``(f)'', 0 e. In Section C.2.c. amend the first sentence to remove ``(f)'' and add in its place ``(g)''. The revision reads as follows: Appendix IV to Part 200--Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations * * * * * 2. ``Major nonprofit organizations'' are defined in paragraph (a) of Sec. 200.414 Indirect (F&A) costs. See indirect cost rate reporting requirements in sections B.2.e and B.3.g of this Appendix. * * * * * 0 19. Amend Appendix V to Part 200 by revising Section E.2. to read as follows: Appendix V to Part 200--State/Local Governmentwide Central Service Cost Allocation Plans * * * * * 2. Allocated Central Services For each allocated central service*, the plan must also include the following: a brief description of the service, an identification of the unit rendering the service and the operating agencies receiving the service, the items of expense included in the cost of the service, the method used to distribute the cost of the service to benefitted agencies, and a summary schedule showing the allocation of each service to the specific benefitted agencies. If any self-insurance funds or fringe benefits costs are treated as allocated (rather than billed) central services, documentation discussed in subsections 3.b. and c. must also be included. * * * * * [FR Doc. 2015-22074 Filed 9-9-15; 8:45 am] BILLING CODE P
![54407
Rules and Regulations Federal Register
Vol. 80, No. 175
Thursday, September 10, 2015
This section of the FEDERAL REGISTER DATES: Effective date: September 10, by making the following correcting
contains regulatory documents having general 2015. amendments:
applicability and legal effect, most of which Implementation date: For all non-
are keyed to and codified in the Code of Federal entities, there is a two-year PART 25—UNIVERSAL IDENTIFIER
Federal Regulations, which is published under grace period for implementation of the AND SYSTEM FOR AWARD
50 titles pursuant to 44 U.S.C. 1510. MANAGEMENT
procurement standards in 2 CFR
The Code of Federal Regulations is sold by 200.317 through 200.326.
FOR FURTHER INFORMATION CONTACT:
■ 1. The authority citation for part 25
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL Rhea Hubbard or Gil Tran, Office of continues to read as follows:
REGISTER issue of each week. Federal Financial Management, Authority: Pub. L. 109–282; 31 U.S.C.
rhubbard@omb.eop.gov or Hai_M._ 6102.
Tran@omb.eop.gov, or via telephone at ■ 2. Revise the heading of part 25 to
OFFICE OF MANAGEMENT AND (202) 395–3993. read as set forth above.
BUDGET SUPPLEMENTARY INFORMATION: This is a
§§ 25.100 and 25.310 and Appendix A to
2 CFR Parts 25 and 200 summary of OMB’s Erratum, 2 CFR 200 Part 25 [Amended]
released on December 26, 2013. This is
the second set of corrections. The first ■ 3. Amend §§ 25.100 and 25.310 and
Universal Identifier and System of
set of corrections was published in the Appendix A to Part 25 by removing
Award Management; Corrections
Federal Register on December 19, 2014 references to ‘‘System of Award
AGENCY: Executive Office of the (79 FR 75871). This document augments Management’’ wherever they appear,
President, Office of Management and the corrections which were published in and adding, in their place, ‘‘System for
Budget. the Federal Register on December 19, Award Management’’.
ACTION: Correcting amendments. 2014 (79 FR 75871).
PART 200—UNIFORM
SUMMARY: The Office of Management Additional Outreach and Training ADMINISTRATIVE REQUIREMENTS,
and Budget (OMB) is correcting the final Since the issuance of the Uniform COST PRINCIPLES, AND AUDIT
guidance that appeared in the Federal Guidance on December 26, 2013, the REQUIREMENTS FOR FEDERAL
Register on September 14, 2010 (75 FR COFAR has developed and provided AWARDS
55673) and December 26, 2013 (78 FR numerous additional resources to assist
■ 4. The authority citation for part 200
78589). OMB is amending the guidance stakeholders in learning about the
continues to read as follows:
to make technical corrections where guidance. For a complete list and access
needed. The final guidance is revised to to these resources, please visit the Authority: 31 U.S.C. 503.
remove references to the ‘‘System of COFAR Web site at cfo.gov/COFAR. § 200.19 [Amended]
Award Management’’ and replace them Resources available include a
with the correct term ‘‘System for Frequently Asked Questions document, ■ 5. Amend § 200.19 paragraph (b) by
Award Management’’. as well as several training webcasts. removing ‘‘C.12’’ and adding, in its
With respect to the technical Please note that the Frequently Asked place ‘‘C.2.a.’’.
corrections to the final guidance, these Questions document will be referenced ■ 6. In § 200.40 revise the introductory
corrections are included only where it as additional guidance in the 2015 text of paragraph (a) and the the
has come to the attention of the Council issuance of Appendix XI to Part 200— introductory text of paragraph (b), to
on Financial Assistance Reform Compliance Supplement. read as follows:
(COFAR) that particular language in the
List of Subjects § 200.40 Federal financial assistance.
final guidance did not match with the
COFAR’s intent and would result in an 2 CFR Part 25 (a) Federal financial assistance means
erroneous implementation of the assistance that non-Federal entities
Administrative practice and receive or administer in the form of:
guidance. These technical corrections procedures, Grants administration,
will go into effect at the time of * * * * *
Grant programs, Loan programs.
issuance. (b) For § 200.202 Requirement to
Guidance on effective/applicability 2 CFR Part 200 provide public notice of Federal
date is revised to allow a grace period Accounting, Auditing, Colleges and financial assistance programs and
of two fiscal years for non-Federal universities, State and local Subpart F—Audit Requirements of this
entities to implement changes to their governments, Grant programs, Grants part, Federal financial assistance also
procurement policies and procedures in administration, Hospitals, Indians, includes assistance that non-Federal
accordance with guidance on Nonprofit organizations, Reporting and entities receive or administer in the
procurement standards. recordkeeping requirements. form of:
Other requirements in the section * * * * *
rmajette on DSK2VPTVN1PROD with RULES
Mark Reger,
remain as originally published. ■ 7. In § 200.101, revise the table in
Technical corrections are made to Deputy Controller.
paragraph (b)(1), and revise paragraph
eliminate conflicting or unclear Under the authority of the Chief (d)(1), to read as follows:
language and grammatical Financial Officer Act of 1990 (31 U.S.C.
inconsistencies or citation errors 503), the Office of Management and § 200.101 Applicability.
throughout. Budget amends 2 CFR parts 25 and 200 * * * * *
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(b) * * * (1) * * *
This table must be read along with the other provisions of this section
Are applicable to the following types of Fed- Are NOT applicable to the following types of
eral Awards and Fixed-Price Contracts and
The following portions of this Part Federal Awards and Fixed-Price Contracts
Subcontracts (except as noted in paragraphs and Subcontracts:
(d) and (e) below):
Subpart A—Acronyms and Definitions .............. —All.
Subpart B—General Provisions, except for —All.
§§ 200.111 English Language, 200.112 Con-
flict of Interest, 200.113 Mandatory Disclo-
sures.
§§ 200.111 English Language, 200.112 Conflict —Grant Agreements and cooperative agree- —Agreements for loans, loan guarantees, in-
of Interest, 200.113 Mandatory Disclosures. ments. terest subsidies and insurance.
—Procurement contracts awarded by Federal
Agencies under the Federal Acquisition
Regulation and subcontracts under those
contracts.
Subparts C–D, except for §§ 200.202 Require- —Grant Agreements and cooperative agree- —Agreements for loans, loan guarantees, in-
ment to provide public notice of Federal fi- ments. terest subsidies and insurance.
nancial assistance programs, 200.303 Inter- —Procurement contracts awarded by Federal
nal controls, 200.330–332 Subrecipient Moni- Agencies under the Federal Acquisition
toring and Management. Regulation and subcontracts under those
contracts.
§ 200.202 Requirement to provide public notice —Grant Agreements and cooperative agree- —Procurement contracts awarded by Federal
of Federal financial assistance programs. ments. Agencies under the Federal Acquisition
—Agreements for loans, loan guarantees, in- Regulation and subcontracts under those
terest subsidies and insurance. contracts.
§§ 200.303 Internal controls, 200.330–332 Sub- —All.
recipient Monitoring and Management.
Subpart E—Cost Principles ............................... —Grant Agreements and cooperative agree- —Grant agreements and cooperative agree-
ments, except those providing food com- ments providing foods commodities.
modities. —Fixed amount awards.
—All procurement contracts under the Federal —Agreements for loans, loans guarantees, in-
Acquisition Regulations except those that terest subsidies and insurance.
are not negotiated. —Federal awards to hospitals (see Appendix
IX Hospital Cost Principles).
Subpart F—Audit Requirements ........................ —Grant Agreements and cooperative agree- —Fixed-price contracts and subcontracts
ments. awarded under the Federal Acquisition Reg-
—Contracts and subcontracts, except for fixed ulation.
price contacts and subcontracts, awarded
under the Federal Acquisition Regulation.
—Agreements for loans, loans guarantees, in-
terest subsidies and insurance and other
forms of Federal Financial Assistance as
defined by the Single Audit Act Amendment
of 1996.
(d) * * * policies and procedures applicable to § 200.203 [Amended]
(1) The block grant awards authorized Federal awards by promulgating a ■ 9. In § 200.203(a)(5), remove
by the Omnibus Budget Reconciliation regulation to be effective by December ‘‘Financial’’ and add, in its place,
Act of 1981 (including Community 26, 2014 unless different provisions are ‘‘Domestic’’
Services), except to the extent that required by statute or approved by ■ 10. Revise § 200.305, paragraph (b)(9)
Subpart E—Cost Principles of this Part OMB. For the procurement standards in introductory text to read as follows:
apply to subrecipients of Community §§ 200.317–200.326, non-Federal
Services Block Grant funds pursuant to entities may continue to comply with § 200.305 Payment.
42 U.S.C. 9916(a)(1)(B); the procurement standards in previous * * * * *
* * * * * OMB guidance (superseded by this part (b) * * *
■ 8. Revise § 200.110, paragraph (a) to as described in § 200.104) for two (9) Interest earned amounts up to
read as follows: additional fiscal years after this part $500 per year may be retained by the
goes into effect. If a non-Federal entity non-Federal entity for administrative
§ 200.110 Effective/applicability date. expense. Any additional interest earned
chooses to use the previous
(a) The standards set forth in this part procurement standards for an additional on Federal advance payments deposited
which affect administration of Federal in interest-bearing accounts must be
rmajette on DSK2VPTVN1PROD with RULES
two fiscal years before adopting the
awards issued by Federal awarding remitted annually to the Department of
procurement standards in this part, the
agencies become effective once Health and Human Services Payment
non-Federal entity must document this
implemented by Federal awarding Management System (PMS) through an
decision in their internal procurement
agencies or when any future amendment electronic medium using either
to this part becomes final. Federal policies. Automated Clearing House (ACH)
awarding agencies must implement the * * * * * network or a Fedwire Funds Service
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payment. Remittances must include (2) No other prior approval minimis indirect cost rate as defined in
pertinent information of the payee and requirements for specific items may be § 200.414 Indirect (F&A) costs,
nature of payment in the memo area imposed unless an exception has been paragraph (f);
(often referred to as ‘‘addenda records’’ approved by OMB. See also §§ 200.102 * * * * *
by Financial Institutions) as that will Exceptions and 200.407 Prior written
assist in the timely posting of interest approval (prior approval). § 200.431 [Amended]
earned on federal funds. Pertinent * * * * * ■ 15. In § 200.431, paragraph (h)(3)
details include the Payee Account remove ‘‘Federal Government’s’’ and
Number (PAN) if the payment § 200.320 [Amended]
add, in its place ‘‘non-Federal entity’’
originated from PMS, or Agency ■ 12. In § 200.320, paragraph (c)(2)(i), and revise paragraph (j) to read as
information if the payment originated remove ‘‘state,’’ and remove follows:
from ASAP, NSF or another federal ‘‘publically’’ and add, in its place
agency payment system. The remittance ‘‘publicly’’. § 200.431 Compensation—fringe benefits.
must be submitted as follows: ■ 13. In § 200.330, revise the final * * * * *
* * * * * sentence of paragraph (b) introductory (j)(1) For IHEs only. Fringe benefits in
■ 11. Revise § 200.308, paragraph (c) to text to read as follows: the form of undergraduate and graduate
read as follows: tuition or remission of tuition for
§ 200.330 Subrecipient and contractor
determinations.
individual employees are allowable,
§ 200.308 Revision of budget and program
plans.
provided such benefits are granted in
* * * * * accordance with established non-
* * * * * (b) * * * Characteristics indicative of Federal entity policies, and are
(c)(1) For non-construction Federal a procurement relationship between the distributed to all non-Federal entity
awards, recipients must request prior non-Federal entity and a contractor are activities on an equitable basis. Tuition
approvals from Federal awarding when the contractor: benefits for family members other than
agencies for one or more of the * * * * * the employee are unallowable.
following program or budget-related ■ 14. Revise § 200.331, paragraphs
reasons: (2) Fringe benefits in the form of
(a)(1)(iv), (vi), (vii), (viii), and (x); (a)(2) tuition or remission of tuition for
(i) Change in the scope or the
and (a)(4) to read as follows: individual employees not employed by
objective of the project or program (even
if there is no associated budget revision § 200.331 Requirements for pass-through IHEs are limited to the tax-free amount
requiring prior written approval). entities. allowed per section 127 of the Internal
(ii) Change in a key person specified Revenue Code as amended.
* * * * *
in the application or the Federal award. (a) * * * (3) IHEs may offer employees tuition
(iii) The disengagement from the (1) * * * waivers or tuition reductions, provided
project for more than three months, or (iv) Federal Award Date (see § 200.39 that the benefit does not discriminate in
a 25 percent reduction in time devoted Federal award date) of award to the favor of highly compensated employees.
to the project, by the approved project recipient by the Federal agency; Employees can exercise these benefits at
director or principal investigator. * * * * * other institutions according to
(iv) The inclusion, unless waived by (vi) Amount of Federal Funds institutional policy. See § 200.466
the Federal awarding agency, of costs Obligated by this action by the pass- Scholarships and student aid costs, for
that require prior approval in through entity to the subrecipient; treatment of tuition remission provided
accordance with Subpart E—Cost (vii) Total Amount of Federal Funds to students.
Principles of this part or 45 CFR part 75 Obligated to the subrecipient by the * * * * *
Appendix IX, ‘‘Principles for pass-through entity including the
Determining Costs Applicable to current obligation; § 200.449 [Amended]
Research and Development under (viii) Total Amount of the Federal ■ 16. In § 200.449, paragraph (e),
Awards and Contracts with Hospitals,’’ Award committed to the subrecipient by remove ‘‘September 23’’ and add, in its
or 48 CFR part 31, ‘‘Contract Cost the pass-through entity; place ‘‘July 1’’.
Principles and Procedures,’’ as
* * * * * ■ 17. Amend Appendix III to Part 200 as
applicable. (x) Name of Federal awarding agency,
(v) The transfer of funds budgeted for follows:
pass-through entity, and contact
participant support costs as defined in ■ a. In Section C.7, revise the first
information for awarding official of the
§ 200.75 Participant support costs to sentence.
Pass-through entity;
other categories of expense. ■ b. Amend the final sentence of Section
(vi) Unless described in the * * * * *
(2) All requirements imposed by the C.11.a.(1), by adding ‘‘see’’ after
application and funded in the approved ‘subrecipient,’’.
Federal awards, the subawarding, pass-through entity on the subrecipient
so that the Federal award is used in The revision reads as follows:
transferring or contracting out of any
work under a Federal award, including accordance with Federal statutes, Appendix III to Part 200—Indirect
fixed amount subawards as described in regulations and the terms and (F&A) Costs Identification and
§ 200.332 Fixed amount subawards. conditions of the Federal award; Assignment, and Rate Determination
This provision does not apply to the * * * * * for Institutions of Higher Education
(4) An approved federally recognized
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acquisition of supplies, material, (IHEs)
equipment or general support services. indirect cost rate negotiated between the
* * * * *
(vii) Changes in the approved cost- subrecipient and the Federal C. * * *
sharing or matching provided by the Government or, if no such rate exists, 7. Except as provided in paragraph (c)(1) of
non-Federal entity. either a rate negotiated between the § 200.414 Indirect (F&A) costs, Federal
(viii) The need arises for additional pass-through entity and the subrecipient agencies must use the negotiated rates in
Federal funds to complete the project. (in compliance with this part), or a de effect at the time of the initial award
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![54410 Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Rules and Regulations
throughout the life of the Federal award. DEPARTMENT OF AGRICULTURE prosecution or imprisonment from
* * * receiving SNAP benefits and to aid law
* * * * * Food and Nutrition Service enforcement officials actively seeking to
apprehend those fleeing to avoid
■ 18. Amend Appendix IV to Part 200 7 CFR Parts 272 and 273 prosecution or custody by providing
as follows: them with needed information as
RIN 0584–AE01
■ a. In Section A., designate the second allowable under the Act. The
paragraph as Section A.1.2., and revise Clarification of Eligibility of Fleeing disqualification provisions were
the newly designated paragraph. Felons codified in the SNAP regulations on
■ b. In Section B.2.e. amend the first
January 17, 2001, at 66 FR 4438. For
AGENCY: Food and Nutrition Service simplicity, throughout the balance of
sentence to remove ‘‘Federal funding of
(FNS), USDA. this preamble we will use the term
direct costs’’ and adding in its place
‘‘direct Federal funding’’ and remove ACTION: Final rule. felony to encompass felonies, and, in
‘‘section A.3 of this Appendix’’ and add the State of New Jersey, felonies and
SUMMARY: This rule implements Section high misdemeanors.
in its place ‘‘paragraph (a) of § 200.414 4112 of the Food, Conservation, and Section 4112 of the Food,
Indirect (F&A) costs’’. Energy Act of 2008. Section 4112 Conservation, and Energy Act of 2008
■ c. In Section B.3.g. amend the final amended Section 6(k) of the Food and (Pub. L. 110–246) amended Section 6(k)
sentence by removing ‘‘section A.3 of Nutrition Act of 2008 to require the of the Act to require the Secretary of
this Appendix’’ and adding in its place Secretary of Agriculture to define the Agriculture to define the terms ‘‘fleeing’’
‘‘paragraph (a) of § 200.414 Indirect (F&) terms ‘‘fleeing’’ and ‘‘actively seeking’’ and ‘‘actively seeking’’ to ensure State
costs’’, to ensure that State agencies use agencies use consistent procedures to
■ d. In Section C.2.b. amend the first consistent procedures regarding the disqualify individuals fleeing to avoid
sentence to remove ‘‘(e)’’ and add in its disqualification of a fleeing felon from prosecution, custody or confinement
place ‘‘(f)’’, eligibility for SNAP benefits when the after conviction for committing a crime
individual is fleeing to avoid or attempting to commit a crime that is
■ e. In Section C.2.c. amend the first
prosecution, custody or confinement a felony under the law of the place from
sentence to remove ‘‘(f)’’ and add in its which the individual is fleeing or is
after conviction for committing a crime
place ‘‘(g)’’. violating a condition of probation or
or attempting to commit a crime that is
The revision reads as follows: a felony under the law of the place from parole under Federal or State law. On
which the individual is fleeing (or a August 19, 2011, the U.S. Department of
Appendix IV to Part 200—Indirect
high misdemeanor in New Jersey) or is Agriculture’s (USDA) Food and
(F&A) Costs Identification and
violating a condition of probation or Nutrition Service (FNS) published a
Assignment, and Rate Determination
parole under Federal or State law. proposed rule at 76 FR 51907, providing
for Nonprofit Organizations
DATES: This rule is effective November proposed definitions for ‘‘fleeing’’ and
* * * * * 9, 2015. ‘‘actively seeking’’, and procedures for
2. ‘‘Major nonprofit organizations’’ are disqualifying individuals determined to
defined in paragraph (a) of § 200.414 Indirect FOR FURTHER INFORMATION CONTACT:
be fleeing or violating a condition of
(F&A) costs. See indirect cost rate reporting Sasha Gersten-Paal, Certification Policy probation or parole. Readers are
requirements in sections B.2.e and B.3.g of Branch, Program Development Division, directed to the proposed rule for a more
this Appendix. Food and Nutrition Service, USDA, thorough description of the policies in
* * * * * 3101 Park Center Drive, Alexandria, effect prior to the publication of the
Virginia 22302, (703) 305–2507. proposed rule and for the reasons the
■ 19. Amend Appendix V to Part 200 by SUPPLEMENTARY INFORMATION: Department was directed to define these
revising Section E.2. to read as follows: terms. The Department received thirty-
Background
Appendix V to Part 200—State/Local seven comments on the proposed rule.
Governmentwide Central Service Cost The Personal Responsibility and Work Comments were received from State
Allocation Plans Opportunity Reconciliation Act of 1996, agencies, legal service organizations,
Public Law 104–193 (PRWORA) advocacy groups, state investigative
* * * * * amended Section 6 of the Food Stamp agencies, and private citizens.
2. Allocated Central Services Act of 1977 (now entitled The Food and The regulations governing the fleeing
Nutrition Act of 2008) (the Act) to felon and parole and probation violators
For each allocated central service*, the
disqualify fleeing felons from the are found at 7 CFR 272.1(c)(1)(vii)
plan must also include the following: a brief
description of the service, an identification of
Supplemental Nutrition Assistance Disclosure, 7 CFR 273.1(b)(7)(ix) Special
the unit rendering the service and the Program (SNAP). To be disqualified household requirements, 7 CFR
operating agencies receiving the service, the under the fleeing felon provisions of 273.2(b)(4)(ii) Privacy Act Statement,
items of expense included in the cost of the PRWORA, an individual must be either: and 7 CFR 273.11(n) Fleeing Felons and
service, the method used to distribute the Fleeing to avoid prosecution, custody or probation or parole violators. The
cost of the service to benefitted agencies, and confinement after conviction for Department proposed revising
a summary schedule showing the allocation committing a crime or attempting to § 273.11(n) in its entirety. The
of each service to the specific benefitted commit a crime that is a felony under Department also proposed a conforming
agencies. If any self-insurance funds or fringe the law of the place from which the amendment for 7 CFR 272.1(c)(1)(vii)
benefits costs are treated as allocated (rather individual is fleeing (or a high
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Disclosure.
than billed) central services, documentation misdemeanor in New Jersey); or Section 202 of PRWORA established
discussed in subsections 3.b. and c. must also violating a condition of probation or similar provisions for Supplemental
be included. parole imposed under Federal or State Security Income (SSI). The Social
* * * * * law. The intent of the law was to Security Administration (SSA)
[FR Doc. 2015–22074 Filed 9–9–15; 8:45 am] prohibit individuals who were developed more rigorous standards than
BILLING CODE P intentionally fleeing to avoid FNS in implementing the legislative
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Document Created: 2015-12-15 10:03:29
Document Modified: 2015-12-15 10:03:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Correcting amendments. | |
| Contact | Rhea Hubbard or Gil Tran, Office of Federal Financial Management, [email protected] or [email protected], or via telephone at (202) 395-3993. | |
| FR Citation | 80 FR 54407 | |
| CFR Citation | 2
CFR
200 2 CFR 25 | |
| CFR Associated | Accounting; Auditing; Colleges and Universities; State and Local Governments; Hospitals; Indians; Nonprofit Organizations; Reporting and Recordkeeping Requirements; Administrative Practice and Procedures; Grants Administration; Grant Programs and Loan Programs |
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