81 FR 3004 - Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Technical Amendments
DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Register Volume 81, Issue 12 (January 20, 2016)
Federal Register Volume 81, Issue 12 (January 20, 2016)
| Page Range | 3004-3023 | |
| FR Document | 2015-32101 |
[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)] [Rules and Regulations] [Pages 3004-3023] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32101] [[Page 3004]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Parts 38, 50, 51, 51a, 51b, 51c, 51d, 52, 52a, 52b, 52c, 52d, 52e, 55a, 56, 57, 59, 59a, 62, 63a, 64, 65, 65a, 66, 67, 124, 136, 403, 417, 430, 433, 434, 435, 436, 438, 440, 441, 456, 457, and 1001 45 CFR Parts 16, 63, 75, 87, 95, 98, 261, 262, 263, 265, 286, 287, 301, 302, 303, 304, 309, 400, 1000, 1301, 1304, 1309, 1321, 1326, 1328, 1336, 1355, and 1357 RIN 0991-ZA46 Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Technical Amendments AGENCY: Department of Health and Human Services. ACTION: Interim final rule; technical amendments. ----------------------------------------------------------------------- SUMMARY: This document contains technical amendments to HHS regulations regarding Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The regulatory content is being amended to add information that was erroneously omitted, to include updated cross-references within HHS' regulations, and to make grammatical corrections. DATES: Effective January 20, 2016. Implementation Date: For all non- Federal entities, there is a two-year grace period for implementation of the procurement standards in 45 CFR 75.326 through 75.335. FOR FURTHER INFORMATION CONTACT: Audrey E. Clarke, Ph.D., Division of Grants, Office of Grants and Acquisition Policy and Accountability, Office of the Assistant Secretary for Financial Resources, U.S. Department of Health and Human Services, 200 Independence Ave. SW., Room 529G.17, Washington, DC 20201; phone: (202) 720-1908; email: [email protected]. SUPPLEMENTARY INFORMATION: HHS is correcting its regulations in line with FR Doc. 2014-28697, published on December 19, 2014 (79 FR 75871), entitled ``Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards'', the ``Guidance for Reporting and Use of Information Concerning Recipient Integrity and Performance'' to 2 CFR part 200, published on July 22, 2015 (80 FR 43301), and ``Universal Identifier and System of Award Management; Corrections'', published on September 10, 2015 (80 FR 54407), made by the Office of Management and Budget (OMB). HHS adopts the correcting amendments made by OMB. HHS is also making amendments to address citation or grammatical inconsistencies, to amend incomplete statements in the regulation, and to update existing HHS regulations to incorporate 45 CFR part 75. The correcting amendments will go into effect at the time of publicatio List of Subjects 42 CFR Part 38 Disaster assistance, Government contracts, Grant programs-health, mental health programs. 42 CFR Part 50 Administrative practice and procedure, Conflicts of interests, Drugs, Family planning, Grant programs-health, Grant programs-science and technology, Health care, Reporting and recordkeeping requirements, Research, Science and technology. 42 CFR Part 51 Administrative practice and procedure, Grant programs-health, Health facilities, Health records, mental health programs, Privacy, Reporting and recordkeeping requirements. 42 CFR Part 51a Blood diseases, Colleges and Universities, Genetic diseases, Grant programs-Health, Maternal and Child Health, Medical research, and Recordkeeping requirements. 42 CFR Part 51b Communicable diseases, Grant programs-health, Immunization, Maternal and Child health, Reporting and Recordkeeping requirements, Research, Venereal Diseases. 42 CFR Part 51c Grant programs-health, Health care, Health facilities, Reporting and recordkeeping requirements. 42 CFR Part 51d Administrative practice and procedure, Disaster assistance, Drug abuse, Emergency medical services, Grant programs-health, Health facilities, Mental health programs, Privacy, Reporting and recordkeeping requirements. 42 CFR Part 52 Grant programs-health, Medical research, Reporting and recordkeeping requirements. 42 CFR Part 52a Blood diseases, Grant programs-health, Heart diseases, Lung diseases, Medical research, Reporting and recordkeeping requirements. 42 CFR Part 52b Grant programs-health, Health facilities, Medical research, Reporting and recordkeeping requirements. 42 CFR Part 52c Educational study programs, Grant programs-health, Medical research, Reporting and recordkeeping requirements. 42 CFR Part 52d Cancer, Educational study programs, Grant programs-health, Health professions, Reporting and recordkeeping requirements. 42 CFR Part 52e Blood diseases, Grant programs-health, Health care, Health diseases, Health professions, Lung diseases, Medical research, Reporting and recordkeeping requirements. 42 CFR Part 55a Black lung benefits, Grant programs-health, Health care, Health facilities, Miners, Reporting and recordkeeping requirements. 42 CFR Part 56 Grant programs-health, Health care, Health facilities, Migrant labor, Reporting and, recordkeeping requirements. 42 CFR Part 57 Aged, Education of disadvantaged, Educational facilities, Educational study programs, Grant programs-education, Grant programs- health, Health facilities, Health professions, Loan programs-health, Medical and dental schools, Reporting and recordkeeping requirements, Scholarships and fellowships, Student aid. 42 CFR Part 59 Family planning, Grant programs-health, Grant programs-social programs, Health professions, Reporting and recordkeeping requirements, Youth. 42 CFR Part 59a Grant programs-health, Libraries, Medical research, Reporting and recordkeeping requirements. [[Page 3005]] 42 CFR Part 62 Educational study programs, Grant programs-education, Grant programs-health, Health professions, Loan programs-education, Loan programs-health, Reporting and recordkeeping requirements, Scholarships and fellowships. 42 CFR Part 63a Grant programs-health, Medical research. 42 CFR Part 64 Educational study programs, Grant programs-education, Grant programs-health, Health professions, Libraries, Manpower training programs, Reporting and recordkeeping requirements. 42 CFR Part 65 Education, Grant programs-education, Grant programs-health, Hazardous waste, Nonprofit organizations, Occupational safety and health, Reporting and recordkeeping requirements. 42 CFR Part 65a Grant programs-health, Hazardous waste, Medical research. 42 CFR Part 66 Grant programs-health, Health professions, Medical research. 42 CFR Part 67 Grant programs-health, Medical research, Reporting and recordkeeping requirements. 42 CFR Part 124 Grant programs-health, Health facilities, Reporting and recordkeeping requirements. 42 CFR Part 136 Employment, Government procurement, Health care, Health facilities, Indians, Infants and children, Maternal and child health, Penalties, Reporting and recordkeeping requirements. 42 CFR Part 403 Grant programs-health, Health insurance, Hospitals, Intergovernmental relations, Medicare, Reporting and recordkeeping requirements. 42 CFR Part 417 Administrative practice and procedure, Grant programs-health, Health care, Health insurance, Health maintenance organizations (HMO), Loan programs-health, Medicare, Reporting and recordkeeping requirements. 42 CFR Part 430 Administrative practice and procedure, Grant programs-health, Medicaid, Reporting and recordkeeping requirements. 42 CFR Part 433 Administrative practice and procedure, Child support, Claims, Grant programs-health, Medicaid, Reporting and recordkeeping requirements. 42 CFR Part 434 Grant programs-health, Health maintenance organizations (HMO), Medicaid, Reporting and recordkeeping requirements. 42 CFR Part 435 Aid to Families with Dependent Children, Grant programs-health, Medicaid, Reporting and recordkeeping requirements, Supplemental Security Income (SSI), Wages. 42 CFR Part 436 Aid to Families with Dependent Children, Grant programs-health, Guam, Medicaid, Puerto Rico, Supplemental Security Income (SSI), Virgin Islands. 42 CFR Part 438 Grant programs-health, Medicaid, Reporting and recordkeeping requirements. 42 CFR Part 440 Grant programs-health, Medicaid. 42 CFR Part 441 Aged, Family planning, Grant programs-health, Infants and children, Medicaid, Penalties, Reporting and recordkeeping requirements. 42 CFR Part 456 Administrative practice and procedure, Drugs, Grant programs- health, Health facilities, Medicaid, Reporting and recordkeeping requirements. 42 CFR Part 457 Administrative practice and procedure, Grant programs-health, Health insurance, Reporting and recordkeeping requirements. 42 CFR Part 1001 Administrative practice and procedure, Fraud, Grant programs- health, Health facilities, Health professions, Maternal and child health, Medicaid, Medicare, Social Security. 45 CFR Part 16 Administrative practice and procedure, Grant programs-health, Grant programs-social programs. 45 CFR Part 63 Grant programs-communications, Grant programs-education, Grant programs-health, Grant programs-social programs, Research, Telecommunications. 45 CFR Part 75 Accounting Auditing Administrative practice and procedure Colleges and universities Cost principles Grant programs Grant programs-health Grants administration Hospitals Indians Nonprofit organizations reporting and recordkeeping requirements and State and local governments. 45 CFR Part 87 Administrative practice and procedure, Grant programs-social programs, nonprofit organizations, Public assistance programs. 45 CFR Part 95 Claims, Computer technology, Grant programs-health, Grant programs- social programs, Reporting and recordkeeping requirements, Social security. 45 CFR Part 98 Administrative practice and procedure, Day care, Grant programs- Indians, Grant programs-social programs, Indians, Penalties, Religious discrimination, Reporting and recordkeeping, requirements. 45 CFR Parts 261, 262, 263, and 265 Administrative practice and procedure, Day care, Employment, Grant programs-social programs, Loan programs-social programs, Manpower training programs, Penalties, Public assistance, programs, Reporting and recordkeeping requirements. 45 CFR Parts 286 Administrative practice and procedure, Day care, Employment, Grant programs-social programs, Indians, Loan programs-social programs, Manpower training programs, Penalties, Public assistance programs, Reporting and recordkeeping requirements. 45 CFR Parts 287 Administrative practice and procedure, Employment, Grant programs- social programs, Indians, Loan programs-social programs, Manpower training programs, Penalties, Public assistance programs, Reporting and recordkeeping requirements. 45 CFR Parts 301, 303, and 304 Child support, Grant programs-social programs, Reporting and recordkeeping requirements. [[Page 3006]] 45 CFR Part 302 Child support, Grant programs-social programs, Penalties, Reporting and recordkeeping, requirements, Unemployment compensation. 45 CFR Part 309 Child support, Grant programs-social programs, Indians, Reporting and recordkeeping, requirements. 45 CFR Part 400 Employment, Grant programs-social programs, Health care, Public assistance programs, Refugees, Reporting and recordkeeping requirements. 45 CFR Part 1000 Grant programs-social programs, Reporting and recordkeeping requirements. 45 CFR Part 1301 Administrative practice and procedure, Education of disadvantaged, Grant programs-social programs. 45 CFR Part 1304 Dental health, Education of disadvantaged, Grant programs-social programs, Health care, mental health programs, Nutrition, Reporting and recordkeeping requirements. 45 CFR Part 1309 Grant programs-social programs, Rates and Fares. 45 CFR Parts 1321 Administrative practice and procedure, Aged, Grant programs- Indians, Grant programs-social programs, Indians, Legal services, Nutrition, Reporting and recordkeeping requirements. 45 CFR Part 1326 Administrative practice and procedure, Aged, Grant programs- Indians, Grant programs-social programs, Indians, Nutrition, Reporting and recordkeeping requirements. 45 CFR Part 1328 Administrative practice and procedure, Aged, Grant programs-social programs, Hawaiian, Natives, Nutrition, Reporting and recordkeeping requirements. 45 CFR Part 1336 Administrative practice and procedure, American Samoa, Grant programs-Indians, Grant programs-social programs, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping requirements. 45 CFR Part 1355 Child welfare, Computer technology, Grant programs-social programs, Reporting and recordkeeping requirements. 45 CFR Part 1357 Adoption and foster care, Child welfare, Grant programs-social programs, Indians, Reporting and recordkeeping requirements. Dated: December 14, 2015. Ellen Murray, Assistant Secretary for Financial Resources, Department of Health and Human Services. Under the authority of (5 U.S.C. 301), the Department of Health and Human Services amends 42 CFR parts 38, 50, 51, 51a, 51b, 51c, 51d, 52, 52a, 52b, 52c, 52d, 52e, 55a, 56, 57, 59, 59a, 62, 63a, 64, 65, 65a, 66, 67, 124, 136, 403, 417, 430, 433, 434, 435, 436, 438, 440, 441, 456, 457, and 1001, and 45 CFR parts 16, 63, 75, 87, 95, 98, 261, 262, 263, 265, 286, 287, 301, 302, 303, 304, 309, 400, 1000, 1301, 1304, 1309, 1321, 1326, 1328, 1336, 1355, and 1357 by making the following correcting amendments: Title 42--Public Health PART 38--DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING 0 1. The authority citation for part 38 continues to read as follows: Authority: Sec. 413, Pub. L. 93-288. The Disaster Relief Act of 1974, 88 Stat. 157, 42 U.S.C. 5183, E.O. 11795, 39 FR 25939, as amended by E.O. 11910, 41 FR 15681. Sec. 38.5 [Amended] 0 2. Amend Sec. 38.5: 0 a. In paragraph (d) by removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grant appeals procedures''; 0 b. In paragraph (d) by adding in alphanumeric order ``45 CFR part 75-- Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. In paragraph (e) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. PART 50--POLICIES OF GENERAL APPLICABILITY 0 3. The authority citation for part 50 continues to read as follows: Authority: Sec. 215, Public Health Service Act, 58 Stat. 690 (42 U.S.C. 216); Sec. 1006, Public Health Service Act, 84 Stat. 1507 (42 U.S.C. 300a-4), unless otherwise noted. Sec. 50.309 [Amended] 0 4. Amend Sec. 50.309, by removing ``45 CFR 74.20 et seq'' and adding in its place ``45 CFR 75.361 et seq''. Sec. 50.504 [Amended] 0 5. Amend Sec. 50.504(a)(3), by removing ``45 CFR part 74,'' and adding in its place ``45 CFR part 75, subpart E,''. Sec. 50.604 [Amended] 0 6. Amend Sec. 50.604(i), by removing ``45 CFR 74.53(b) and 92.42(b)'' and adding in its place ``45 CFR 75.361''. Sec. 50.606 [Amended] 0 7. Amend Sec. 50.606(b), in the last sentence, by removing ``special award conditions under 45 CFR 74.14 and 92.12, or suspension of funding or other enforcement action under 45 CFR 74.62 and 92.43,'' and adding in its place ``specific award conditions under 45 CFR 75.207, or suspension of funding or other enforcement action under 45 CFR 75.371,''. Sec. 50.607 [Amended] 0 8. Amend Sec. 50.607, by removing ``45 CFR part 74--Uniform administrative requirements for awards and subawards to institutions of higher education, hospitals, other nonprofit organizations, and commercial organizations'' and adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards'' and removing ``45 CFR part 92-- Uniform administrative requirements for grants and cooperative agreements to State, local, and tribal governments''. PART 51--REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR INDIVIDUALS WITH MENTAL ILLNESS PROGRAM 0 9. The authority citation for part 51 continues to read as follows: Authority: 42 U.S.C. 10801, et seq. Sec. 51.4 [Amended] 0 10. Amend Sec. 51.4: 0 a. By removing ``45 CFR part 74--Administration of Grants.'' and ``45 CFR part 75--Informal Grants Appeals Procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to State and Local Governments.'' [[Page 3007]] Sec. 51.10 [Amended] 0 11. Amend Sec. 51.10 by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. PART 51a--PROJECT GRANTS FOR MATERNAL AND CHILD HEALTH 0 12. The authority citation for part 51a continues to read as follows: Authority: Sec. 1102 of the Social Security Act, 49 Stat. 647 (42 U.S.C. 1302); sec. 502(a), 502(b)(1)(A), and 506(a)(3) of the Social Security Act, 95 Stat. 819-20 (42 U.S.C. 702(a), 702(b)(1)(A) and 706(a)(3)). Sec. 51a.7 [Amended] 0 13. Amend Sec. 51a.7, in paragraph (b): 0 a. By removing ``45 CFR part 74--Administration of grants to nonprofit organizations.'' and ``45 CFR part 75--Informal Grants Appeals Procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to State and Local Governments.'' PART 51b--PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES 0 14. The authority citation for part 51b continues to read as follows: Authority: Secs. 317 and 318, Public Health Service Act, 92 Stat. 3574 and 3582 (42 U.S.C. 247b, 247c); sec. 1743 Pub. L. 97-35, 95 Stat. 763 (31 U.S.C. 1243 note). Sec. 51b.105 [Amended] 0 15. Amend Sec. 51b.105, by removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grant appeals procedures'' and adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''. Sec. 51b.106 [Amended] 0 16. Amend Sec. 51b.106(d), by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. PART 51c--GRANTS FOR COMMUNITY HEALTH SERVICES 0 17. The authority citation for part 51c continues to read as follows: Authority: Sec. 330, Public Health Service Act, 89 Stat. 342, (42 U.S.C. 254c); sec. 215, Public Health Service Act, 58 Stat. 690, (42 U.S.C. 216). Sec. 51c.107 [Amended] 0 18. Amend Sec. 51c.107, in paragraph (a), by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E'' and in paragraph (b)(7), by removing ``45 CFR part 74;'' and adding in its place ``45 CFR part 75;''. Sec. 51c.112 [Amended] 0 19. Amend Sec. 51c.112(c)(2)(iii) by removing ``subparts F, M, and O of 45 CFR part 74'' and adding in its place ``45 CFR 75.307, 75.371 through 75.385, and 75.316-75.325''. 0 20. Revise Sec. 51c.113 to read as follows: Sec. 51c.113 Applicability of 45 CFR part 75. The provisions of 45 CFR part 75, establishing uniform administrative requirements and cost principles, shall apply to all grants under this part. Sec. 51c.502 [Amended] 0 21. Amend Sec. 51c.502(a) by removing ``45 CFR 74.132'' and adding in its place ``45 CFR 75.2''. PART 51d--MENTAL HEALTH AND SUBSTANCE ABUSE EMERGENCY RESPONSE PROCEDURES 0 22. The authority citation for part 51d continues to read as follows: Authority: 42 U.S.C. 290aa(m). Sec. 51d.8 [Amended] 0 23. Amend Sec. 51d.8: 0 a. By removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grants appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments''. Sec. 51d.10 [Amended] 0 24. Amend Sec. 51d.10(a)(2) and (b)(2) by removing ``45 CFR 92.41(b),'' and adding in its place ``45 CFR 75.341,''. 0 25. Amend Sec. 51d.10(a)(3) and (b)(1), (b)(3), and (b)(4) by removing ``45 CFR 92.50(b)'' and adding in its place ``CFR 75.342''. PART 52--GRANTS FOR RESEARCH PROJECTS 0 26. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 216. Sec. 52.6 [Amended] 0 27. Amend Sec. 52.6(a), in the last sentence, by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 52.8 [Amended] 0 28. Amend Sec. 52.8: 0 a. By removing ``45 CFR part 74--Administration of grants.'' and ``45 CFR part 75--Informal grants appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments''. PART 52a--NATIONAL INSTITUTES OF HEALTH CENTER GRANTS 0 29. The authority citation for part 52a continues to read as follows: Authority: 42 U.S.C. 216, 284g, 285a-6(c)(1)(E), 285a- 7(c)(1)(G), 285b-4, 285c-5, 285c-8, 285d-6, 285e-2, 285e-3, 285e- 10a, 285f-1, 285g-5, 285g-7, 285g-9, 285m-3, 285o-2, 286a- 7(c)(1)(G), 287c-32(c), 300cc-16. Sec. 52a.4 [Amended] 0 30. Amend Sec. 52a.4(i) by removing ``45 CFR 74.40 through 74.47 and 45 CFR 92.25'' and adding in its place ``45 CFR 75.307''. Sec. 52a.7 [Amended] 0 31. Amend Sec. 52a.7 by removing ``45 CFR 74.27.'' and adding in its place ``45 CFR part 75, subpart E.''. Sec. 52a.8 [Amended] 0 32. Amend Sec. 52a.8: 0 a. By removing ``45 CFR part 74--Uniform administrative requirements for awards and subawards to institutions of higher education, hospitals, other nonprofit organizations, and commercial organizations; and certain grants and agreements with states, local governments and Indian tribal governments'' and ``45 CFR part 75--Informal grant appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to State and local governments''. PART 52b--NATIONAL INSTITUTES OF HEALTH CONSTRUCTION GRANTS 0 33. The authority citation for part 52b continues to read as follows: Authority: 42 U.S.C. 216, 285a-2, 285a-3, 285b-3, 285b-4, 285d- 6, 285i, 285m-3, 285o-4, 287a-2, 287a-3, 300cc-41. [[Page 3008]] Sec. 52b.7 [Amended] 0 34. Amend Sec. 52b.7(c), in the last sentence, by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 52b.14 [Amended] 0 35. Amend Sec. 52b.14(b): 0 a. By removing ``45 CFR part 74--Uniform administrative requirements for awards and subawards to institutions of higher education, hospitals, other nonprofit organizations, and commercial organizations; and certain grants and agreements with states, local governments and Indian tribal governments.''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to State and local governments.''. PART 52c--MINORITY BIOMEDICAL RESEARCH SUPPORT PROGRAM 0 36. The authority citation for part 52c continues to read as follows: Authority: 42 U.S.C. 216, 241(a)(3). Sec. 52c.6 [Amended] 0 37. Amend Sec. 52c.6(a) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 52c.7 [Amended] 0 38. Amend Sec. 52c.7: 0 a. By removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grants appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments.''. PART 52d--NATIONAL CANCER INSTITUTE CLINICAL CANCER EDUCATION PROGRAM 0 39. The authority citation for part 52d continues to read as follows: Authority: Sec. 215, 58 Stat. 690, as amended, 63 Stat. 835 (42 U.S.C. 216); sec. 404(a)(4), 92 Stat. 3426 (42 U.S.C. 285). Sec. 52d.7 [Amended] 0 40. Amend Sec. 52d.7 by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 52d.8 [Amended] 0 41. Amend Sec. 52d.8 by removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grant appeals procedures'' and adding in its place ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''. PART 52e--NATIONAL HEART, LUNG, AND BLOOD INSTITUTE GRANTS FOR PREVENTION AND CONTROL PROJECTS 0 42. The authority citation for part 52e continues to read as follows: Authority: 42 U.S.C. 216, 285b-1. Sec. 52e.6 [Amended] 0 43. Amend Sec. 52e.6(e) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 52e.7 [Amended] 0 44. Amend Sec. 52e.7(a) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 52e.8 [Amended] 0 45. Amend Sec. 52e.8: 0 a. By removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grants appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments''. PART 55a--PROGRAM GRANTS FOR BLACK LUNG CLINICS 0 46. The authority citation for part 55a continues to read as follows: Authority: Sec. 427(a), Federal Mine Safety and Health Act of 1977, 92 Stat. 100 (30 U.S.C. 937(a)). Sec. 55a.107 [Amended] 0 47. Amend Sec. 55a.107 by removing ``45 CFR part 74--Administration of grants;'' and ``45 CFR part 75--Informal grant appeals procedures;'' and adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards;''. Sec. 55a.201 [Amended] 0 48. Amend Sec. 55a.201(g) by removing ``Attachment P, Audit Requirements, of Office of Management and Budget Circular A-102, Uniform Requirements for Assistance to State and Local Governments, as adopted for the Department of Health and Human Services by 45 CFR part 74'' and adding in its place ``subpart F of 45 CFR part 75''. PART 56--GRANTS FOR MIGRANT HEALTH SERVICES 0 49. The authority citation for part 56 continues to read as follows: Authority: Secs. 215, 319, Public Health Service Act (42 U.S.C. 216, 247d). Sec. 56.108 [Amended] 0 50. Amend Sec. 56.108 in paragraph (a) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E'' and in paragraph (b)(7) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 56.113 [Amended] 0 51. In Sec. 56.113(c)(2)(iii), remove ``subparts F, M, and O of 45 CFR part 74'' and add in its place ``45 CFR 75.307, 75.371 through 75.385, and 75.316 through 75.325''. 0 52. Revise Sec. 56.114 to read as follows: Sec. 56.114 Applicability of 45 CFR part 75. The provisions of 45 CFR part 75, establishing uniform administrative requirements and cost principles, shall apply to all grants under this part. PART 57--GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES, EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS 0 53. The authority citation for part 57 continues to read as follows: Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 690, as amended, 63 Stat. 35 (42 U.S.C. 216); secs. 740-747 of the Public Health Service Act, 77 Stat. 170-173, as amended by 90 Stat. 2266-2268, 91 Stat. 390-391, 95 Stat. 920, 99 Stat. 532-536, and 102 Stat. 3125 (42 U.S.C. 294m-q); renumbered as secs. 721-735, as amended by Pub. L. 102-408, 106 Stat. 2011-2022 (42 U.S.C. 292q- 292y). Sec. 57.215 [Amended] 0 54. Amend Sec. 57.215(a)(3) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 57.315 [Amended] 0 55. Amend Sec. 57.315(b)(2) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. PART 59--GRANTS FOR FAMILY PLANNING SERVICES 0 56. The authority citation for part 59 continues to read as follows: [[Page 3009]] Authority: 42 U.S.C. 300a-4. Sec. 59.9 [Amended] 0 57. Amend Sec. 59.9 by removing ``45 CFR part 74 or Part 92, as applicable'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 59.10 [Amended] 0 58. Amend Sec. 59.10: 0 a. By removing ``45 CFR part 74--Uniform administrative requirements for awards and subawards to institutions of higher education, hospitals, other nonprofit organizations, and commercial organizations; and certain grants and agreements with states, local governments and Indian tribal governments''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments''. Sec. 59.206 [Amended] 0 59. Amend Sec. 59.206(c) by removing ``subpart Q of 35 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 59.208 [Amended] 0 60. Amend Sec. 59.208(a) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 59.212 [Amended] 0 61. Amend Sec. 59.212(d)(2)(iii) by removing ``subparts F, M, and O of 45 CFR part 74.'' and adding in its place ``45 CFR 75.307, 75.371 through 75.385, and 75.316-75.325.''. 0 62. Revise Sec. 59.215 to read as follows: Sec. 59.215 Applicability of 45 CFR part 75. The provisions of 45 CFR part 75, establishing uniform administrative requirements and cost principles, shall apply to all grants under this part. PART 59a--NATIONAL LIBRARY OF MEDICINE GRANTS 0 63. The authority citation for part 59a continues to read as follows: Authority: 42 U.S.C. 286b-2, 286b-5. Sec. 59a.6 [Amended] 0 64. Amend Sec. 59a.6 by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 59a.7 [Amended] 0 65. Amend Sec. 59a.7: 0 a. By removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grants appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments''. Sec. 59a.16 [Amended] 0 66. Amend Sec. 59a.16(a) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 59a.17 [Amended] 0 67. Amend Sec. 59a.17: 0 a. By removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grants appeals procedures.''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments''. PART 62--NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS 0 68. The authority citation for part 62 continues to read as follows: Authority: Sec. 215 of the Public Health Service Act, 58 Stat. 690, as amended, 63 Stat. 35 (42 U.S.C. 216); sec. 751 of the Public Health Service Act, 90 Stat. 2281 (42 U.S.C. 294t), unless otherwise noted. Sec. 62.58 [Amended] 0 69. Amend Sec. 62.58: 0 a. By removing ``45 CFR part 74--Administration of grants'', ``45 CFR part 75--Informal grant appeals procedures'' and ``45 CFR part 92-- Administrative Requirements for grants and cooperative agreements to State and local governments (effective October 1, 1988)''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By arranging existing entries in alphanumeric order. PART 63a--NATIONAL INSTITUTES OF HEALTH TRAINING GRANTS 0 70. The authority citation for part 63a continues to read as follows: Authority: 42 U.S.C. 216, 2421(b)(3), 284(b)(1)(C), 285g-10, 287c(b), 300cc-15(a)(1), 300cc-41(a)(3)(C), 7403(h)(2). Sec. 63a.10 [Amended] 0 71. Amend Sec. 63a.10(a) by removing ``45 CFR 74.27'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 63a.11 [Amended] 0 72. Amend Sec. 63a.11: 0 a. By removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grant appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform administrative requirements, cost principles, and audit requirements for HHS awards''; and 0 c. By removing ``45 CFR part 92--Administrative Requirements for grants and cooperative agreements to State and local governments''. PART 64--NATIONAL LIBRARY OF MEDICINE TRAINING GRANTS 0 73. The authority citation for part 64 continues to read as follows: Authority: 42 U.S.C. 216, 286b-3. Sec. 64.8 [Amended] 0 74. Amend Sec. 64.8 by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 64.9 [Amended] 0 75. Amend Sec. 64.9: 0 a. By removing ``45 CFR part 74--Administration of grants.'' and ``45 CFR part 75--Informal grant appeals procedures.''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.''; and 0 c. By removing ``45 CFR part 92--Administrative Requirements for grants and cooperative agreements to State and local governments.''. PART 65--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES HAZARDOUS WASTE WORKER TRAINING 0 76. The authority citation for part 65 continues to read as follows: Authority: 42 U.S.C. 9660a; 49 U.S.C. App. 1816. Sec. 65.8 [Amended] 0 77. Amend Sec. 65.8: 0 a. By removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grant appeals procedures''; [[Page 3010]] 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Administrative Requirements for Grants and Cooperative Agreements to State and local Governments''. PART 65a--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES HAZARDOUS SUBSTANCES BASIC RESEARCH AND TRAINING GRANTS 0 78. The authority citation for part 65a continues to read as follows: Authority: 42 U.S.C. 216, 9660(a). Sec. 65a.9 [Amended] 0 79. Amend Sec. 65a.9(a) by removing ``45 CFR 74.25'' and adding in its place ``45 CFR 75.308''. Sec. 65a.10 [Amended] 0 80. Amend Sec. 65a.10 by removing ``45 CFR 74.27'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 65a.11 [Amended] 0 81. Amend Sec. 65a.11: 0 a. By removing ``45 CFR part 74--Uniform administrative requirements for awards and subawards to institutions of higher education, hospitals, other nonprofit organizations, and commercial organizations; and certain grants and agreements with states, local governments and Indian tribal governments'' and ``45 CFR part 75--Informal grant appeals procedures''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements to state and local governments''. PART 66--NATIONAL RESEARCH SERVICE AWARDS 0 82. The authority citation for part 66 continues to read as follows: Authority: 42 U.S.C. 216, 288. Sec. 66.207 [Amended] 0 83. Amend Sec. 66.207: 0 a. By removing ``45 CFR part 74--Uniform administrative requirements for awards and subawards to institutions of higher education, hospitals, other nonprofit organizations, and commercial organizations; and certain grants and agreements with states, local governments and Indian tribal governments'' and ``45 CFR part 75--Informal grant appeals procedures''; and 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''. PART 67--AGENCY FOR HEALTH CARE POLICY AND RESEARCH GRANTS AND CONTRACTS 0 84. The authority citation for part 67 continues to read as follows: Authority: Pub. L. 103-43, 107 Stat. 214-215, Pub. L. 102-410, 106 Stat. 2094-2101 and sec. 6103, Pub. L. 101-239, 103 Stat. 2189- 2208, Title IX of the Public Health Service Act (42 U.S.C. 299-299c- 6); and sec. 1142, Social Security Act (42 U.S.C. 1320b-12). Sec. 67.11 [Amended] 0 85. Amend Sec. 67.11 in the definition of ``Grant,'' by removing ``45 CFR parts 74 and 92'' and adding in its place ``45 CFR part 75''. Sec. 67.18 [Amended] 0 86. Amend Sec. 67.18 by removing ``45 CFR part 74, or part 92 for State and local government grantees'' and adding in its place ``45 CFR part 75''. Sec. 67.19 [Amended] 0 87. Amend Sec. 67.19: 0 a. By removing ``45 CFR part 74--Administration of grants''; 0 b. By adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''; and 0 c. By removing ``45 CFR part 92--Uniform administrative requirements for grants and cooperative agreements with State and local governments''. PART 124--MEDICAL FACILITY CONSTRUCTION AND MODERNIZATION 0 88. The authority citation for part 124 continues to read as follows: Authority: Secs. 215, 1602, 1625, Public Health Service Act (42 U.S.C. 216, 300o-1, 300r), unless otherwise noted. Sec. 124.6 [Amended] 0 89. Amend Sec. 124.6 by removing ``subpart K of 45 CFR part 74.'' and adding in its place ``45 CFR 75.305''. Sec. 124.7 [Amended] 0 90. Amend Sec. 124.7 by removing ``subpart Q of 45 CFR part 74.'' and adding in its place ``45 CFR part 75, subpart E.''. 0 91. Revise Sec. 124.11 to read as follows: Sec. 124.11 Applicability of 45 CFR part 75. The provisions of 45 CFR part 75, establishing uniform administrative requirements and cost principles, shall apply to all grants under this part.''. PART 136--INDIAN HEALTH 0 92. The authority citation for part 136 continues to read as follows: Authority: 25 U.S.C. 13; sec. 3, 68 Stat. 674 (42 U.S.C., 2001, 2003); Sec. 1, 42 Stat. 208 (25 U.S.C. 13); 42 U.S.C. 2001, unless otherwise noted. Sec. 136.56 [Amended] 0 93. Amend Sec. 136.56 by removing ``45 CFR part 74, subpart C'' and adding in its place ``45 CFR 75.361''. Sec. 136.104 [Amended] 0 94. Amend Sec. 136.104(a) by removing ``45 CFR part 74, subpart N'' and adding in its place ``45 CFR 75.206''. Sec. 136.105 [Amended] 0 95. Amend Sec. 136.105(e) Note by removing ``45 CFR 74.15'' and adding in its place ``45 CFR 75.304''. Sec. 136.107 [Amended] 0 96. Amend Sec. 136.107 in paragraph (a) by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E'' and in paragraph (b) Note by removing ``45 CFR 74.53'' and adding in its place ``45 CFR 75.306''. Sec. 136.110 [Amended] 0 97. Amend Sec. 136.110(b)(3) by removing ``subpart P of 45 CFR part 74'' and adding in its place ``45 CFR 75.326 through 75.340''. Sec. 136.111 [Amended] 0 98. Amend Sec. 136.111 in the Note by removing ``45 CFR 74.47(a)'' and adding in its place ``45 CFR 75.305(b)(9)''. Sec. 136.114 [Amended] 0 99. Amend Sec. 136.114 by removing ``45 CFR part 74--Administration of grants'' and ``45 CFR part 75--Informal grant appeals procedures'' and adding in alphanumeric order ``45 CFR 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''. Sec. 136.115 [Amended] 0 100. Amend Sec. 136.115 in the Note by removing ``45 CFR part 74, subpart M'' and adding in its place ``45 CFR 75.371 through 75.385''. Sec. 136.116 [Amended] 0 101. Amend Sec. 136.116 by removing ``subpart J of 45 CFR part 74'' and adding in its place ``45 CFR 75.341 through 75.360'' and in the Note by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. [[Page 3011]] Sec. 136.120 [Amended] 0 102. Amend Sec. 136.120 in the Note by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 136.302 [Amended] 0 103. Amend Sec. 136.302(r) by removing ``45 CFR 74.3'' and adding in its place ``45 CFR 75.2''. Sec. 136.312 [Amended] 0 104. Amend Sec. 136.312(a) by removing ``45 CFR part 74, subpart N'' and adding in its place ``45 CFR 75.206''. Sec. 136.314 [Amended] 0 105. Amend Sec. 136.314 by removing ``subpart Q of 45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 136.316 [Amended] 0 106. Amend Sec. 136.316 by removing ``45 CFR part 74, Administration of grants'' and ``45 CFR part 75, Informal grant appeals procedures'' and adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards''. PART 403--SPECIAL PROGRAMS AND PROJECTS 0 107. The authority citation for part 403 continues to read as follows: Authority: 42 U.S.C. 1395b-3 and Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh). Sec. 403.512 [Amended] 0 108. Amend Sec. 403.512(a): 0 a. By removing from the first sentence ``45 CFR part 92 (``Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments''), 45 CFR 74.4'' and adding in its place ``45 CFR part 75''; and 0 b. By removing from the second sentence ``45 CFR 74.4 or in part 92'' and adding in its place ``45 CFR part 75''. PART 417--HEALTH MAINTENANCE ORGANIZATIONS, COMPETITIVE MEDICAL PLANS, AND HEALTH CARE PREPAYMENT PLANS 0 109. The authority citation for part 417 continues to read as follows: Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh), secs. 1301, 1306, and 1310 of the Public Health Service Act (42 U.S.C. 300e, 300e-5, and 300e-9), and 31 U.S.C. 9701. Sec. 417.911 [Amended] 0 110. Amend Sec. 417.911 Small Capital Expenditure (1) by removing ``45 CFR 74.132'' and adding in its place ``45 CFR 75.2''. PART 430--GRANTS TO STATES FOR MEDICAL ASSISTANCE PROGRAMS 0 111. The authority citation for part 430 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 430.2 [Amended] 0 112. Amend Sec. 430.2(b) by removing ``Part 74--Administration of Grants.'' and adding in alphanumeric order ``Part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards.''. 0 113. Revise Sec. 430.30(e) to read as follows: Sec. 430.30 [Amended] * * * * * (e) General administrative requirements. With the following exceptions, the provisions of 45 CFR 75, which establish uniform administrative requirements and cost principles, apply to all grants made to States under this subpart: (1) Cost sharing or matching, 45 CFR 75.306; and (2) Financial reporting, 45 CFR 75.341. PART 433--STATE FISCAL ADMINISTRATION 0 114. The authority citation for part 433 continues to read as follows: Authority: Sec. 1102 of the Social Security Act, (42 U.S.C. 1302). Sec. 433.112 [Amended] 0 115. Amend Sec. 433.112(b)(7) by removing ``45 CFR 74.27(a)'' and adding in its place 45 CFR part 75, subpart E''. Sec. 433.322 [Amended] 0 116. Amend Sec. 433.322 by removing ``45 CFR 92.42'' and adding in its place 45 CFR 75.361 through 75.370''. PART 434--CONTRACTS 0 117. The authority citation for part 434 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 434.6 [Amended] 0 118. Amend Sec. 434.6(a)(1) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 434.70 [Amended] 0 119. Amend Sec. 434.70(a)(2) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. PART 435--ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA 0 120. The authority citation for part 434 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 435.407 [Amended] 0 121. Amend Sec. 435.407(j) by removing ``45 CFR 74.53'' and adding in its place ``45 CFR 75.361''. PART 436--ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS 0 122. The authority citation for part 436 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 436.407 [Amended] 0 123. Amend Sec. 436.407(j) by removing ``45 CFR 74.53'' and adding in its place ``45 CFR 75.361''. PART 438--MANAGED CARE 0 124. The authority citation for part 438 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 438.356 [Amended] 0 125. Amend Sec. 438.356(e) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. PART 440--SERVICES: GENERAL PROVISIONS 0 126. The authority citation for part 440 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 440.170 [Amended] 0 127. Amend Sec. 440.170(a)(4)(i)(A) by removing ``45 CFR 92.36(b) through (i)'' and adding in its place ``45 CFR 75.326 through 75.340''. PART 441--SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC SERVICES 0 128. The authority citation for part 441 continues to read as follows: Authority: Secs. 1102, 1902, and 1928 of the Social Security Act (42 U.S.C. 1302). Sec. 441.208 [Amended] 0 129. Amend Sec. 441.208 by removing ``45 CFR 74.20'' and adding in its place ``45 CFR 75.361''. [[Page 3012]] Sec. 441.353 [Amended] 0 130. Amend Sec. 441.353(c)(3) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 441.484 [Amended] 0 131. Amend Sec. 441.484(a)(2) by removing ``45 CFR 74.40 through 74.48'' and adding in its place ``45 CFR 75.326 through 75.340''. PART 456--UTILIZATION CONTROL 0 132. The authority citation for part 456 continues to read as follows: Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302), unless otherwise noted. Sec. 456.722 [Amended] 0 133. Amend Sec. 456.722(c)(1) by removing ``45 CFR part 74, subpart P, and appendix G-O of OMB circular A-102'' and adding in its place ``45 CFR 75.326 through 75.340''. PART 457--ALLOTMENTS AND GRANTS TO STATES 0 134. The authority citation for part 457 continues to read as follows: Authority: Section 1102 of the Social Security Act (42 U.S.C. 1302). Sec. 457.230 [Amended] 0 135. Amend Sec. 457.230 by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 457.628 [Amended] 0 136. Amend Sec. 457.628(b) by removing ``Part 74--Administration of Grants (except as specifically excepted).'' and adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards (except as specifically excepted).''. 0 137. Amend Sec. 457.630 in paragraph (f) introductory text by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75'' and revising paragraphs (f)(1) and (2). The revisions read as follows: Sec. 457.630 Grants procedures. * * * * * (f) * * * (1) Cost sharing or matching, 45 CFR 75.306; and (2) Financial reporting, 45 CFR 75.341. Sec. 457.940 [Amended] 0 138. Amend Sec. 457.940 in paragraph (b)(1) by removing ``45 CFR 74.43 or 45 CFR 92.36, as applicable'' and adding in its place ``45 CFR 75.326 through 75.340'' and in paragraph (d) by removing ``45 CFR part 74 or 45 CFR part 92, as applicable'' and adding in its place ``45 CFR part 75''. PART 1001--PROGRAM INTEGRITY--MEDICARE AND STATE HEALTH CARE PROGRAMS 0 139. The authority citation for part 1001 continues to read as follows: Authority: 42 U.S.C. 1302, 1320a-7, 1320a-7b, 1395u(j), 1395u(k), 1395w-104(e)(6), 1395y(d), 1395y(e), 1395cc(b)(2)(D), (E) and (F), and 1395hh; and sec. 2455, Public Law 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note). Sec. 1001.952 [Amended] 0 140. Amend Sec. 1001.952(w)(7) by removing ``45 CFR 74.40 through 74.48'' and adding in its place ``45 CFR 75.326 through 75.340'' and designating the undesignated paragraph following paragraph (w)(9) as Note to paragraph (w). Title 45--Public Welfare PART 16--PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD 0 141. The authority citation for part 16 continues to read as follows: Authority: 5 U.S.C. 301 and secs. 1, 5, 6, and 7 of Reorganization Plan No. 1 of 1953, 18 FR 2053, 67 Stat. 631 and authorities cited in the Appendix. Sec. 16.1 [Amended] 0 142. Amend Sec. 16.1 by removing ``part 74 of this title'' and adding in its place ``part 75 of this title''. Sec. 16.2 [Amended] 0 143. Amend Sec. 16.2(b) by removing ``part 74 of this title'' and adding in its place ``part 75 of this title''. Sec. 16.3 [Amended] 0 144. Amend Sec. 16.3(b) by removing ``45 CFR 74.304'' and adding in its place ``45 CFR 75.374''. Sec. 16.7 [Amended] 0 145. Amend Sec. 16.7(a) by removing ``45 CFR 74.304'' and adding in its place ``45 CFR 75.374''. 0 146. Amend Sec. 16.20 by revising paragraph (a) to read as follows: Sec. 16.20 How to submit material to the Board. (a) Submissions should be addressed to the Board's current mailing address: Department of Health and Human Services, Departmental Appeals Board, Appellate Division--MS 6127, 330 Independence Ave. SW., Cohen Building--Rm. G-644, Washington, DC 20201; however, submissions to the Board in certain types of cases may be made by electronic filing using DAB E-File at https://dab.efile.hhs.gov. Changes to the mailing address will be made available on the Board's Web site at www.hhs.gov/dab/divisions/appellate. * * * * * Sec. 16.22 [Amended] 0 147. Amend Sec. 16.22(b)(1) by removing ``see Sec. 74.114 of this title'' and adding in its place ``see Sec. 75.371 of this title''. PART 63--GRANT PROGRAMS ADMINISTERED BY THE OFFICE OF THE ASSISTANT SECRETARY FOR PLANNING AND EVALUATION 0 148. The authority citation for part 63 continues to read as follows: Authority: Sec. 602, Community Services Act (42 U.S.C. 2942); sec. 1110, Social Security Act (42 U.S.C. 1310). Sec. 63.8 [Amended] 0 149. Amend Sec. 63.8(c)(1) by removing ``Part 74 of this title, establishing uniform administrative requirements and cost principles for grants'' and adding in its place ``Part 75 of this title, establishing uniform administrative requirements, cost principles and audit requirements for grants''. Sec. 63.34 [Amended] 0 150. Amend Sec. 63.34 by removing ``Sec. 74.114'' and adding in its place ``Sec. 75.372''. PART 75--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR HHS AWARDS 0 151. The authority citation for part 75 continues to read as follows: Authority: 5 U.S.C. 301. Sec. 75.1 Acronyms [Amended] 0 152. Amend Sec. 75.1 by removing ``COG Councils of Governments'' and adding in its place ``COG Councils Of Governments''; adding in alphabetical order ``FAPIIS Federal Awardee Performance and Integrity Information System''; and removing ``SAM System for Award Management'' and adding in its place ``SAM System for Award Management (accessible at https://www.sam.gov)'' 0 153. Amend Sec. 75.2: 0 a. By revising paragraph (2) in the definition of ``Cognizant agency for indirect costs;'' 0 b. In the definition of ``Federal Audit Clearinghouse FAC'' by removing ``FAC'' and adding ``(FAC)'' in its place; 0 c. In the definition of ``Federal financial assistance'': 0 i. By revising paragraphs (1) introductory text and (2) introductory text; and 0 ii. By redesignating paragraph (c) as paragraph (3). [[Page 3013]] 0 d. By revising the terms ``GAAP'' and ``GAGAS'' to read ``Generally Accepted Accounting Principles (GAAP)''and ``Generally Accepted Government Auditing Standards (GAGAS),'' respectively, and redesignating them in proper alphabetical order; 0 e. By revising the definitions of ``Improper payment,'' ``Obligations,'' and ``Simplified acquisition threshold;'' and 0 f. Adding a definition of ``Working capital advance.'' The revisions and additions read as follows: Sec. 75.2 Definitions. * * * * * Cognizant agency for indirect costs * * * (2) For nonprofit organizations, Appendix IV to Part 75 C.2.a. * * * * * Federal financial assistance means (1) Assistance that non-Federal entities receive or administer in the form of: * * * * * (2) For Sec. 75.202 and Subpart F of this part, Federal financial assistance also includes assistance that non-Federal entities receive or administer in the form of: * * * * * Improper payment: (1) Means any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and (2) Includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. * * * * * Obligations, when used in connection with a non-Federal entity's utilization of funds under a Federal award, obligations means orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the non-Federal entity during the same or a future period. * * * * * Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 CFR subpart 2.1 and in accordance with 41 U.S.C. 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. See also Micro-purchase. * * * * * Working capital advance means a procedure whereby funds are advanced to the recipient to cover its estimated disbursement needs for a given initial period. 0 154. In Sec. 75.101: 0 a. Revise the table in paragraph (b)(1); 0 b. Revise paragraph (b)(2); 0 c. In paragraph (c), remove the reference ``Sec. 75.215: and add ``Sec. 75.217'' in its place; and 0 d. Revise paragraphs (d)(1) and (e)(1) introductory text. The revisions read as follows: Sec. 75.101 Applicability * * * * * (b) * * * (1) * * * ------------------------------------------------------------------------ Are applicable to the following types of Federal Are NOT applicable to awards and fixed- the following types The following portions of the price contracts of Federal awards and part: and subcontracts fixed-price contracts (except as noted and subcontracts: in paragraphs (d) and (e) below): ------------------------------------------------------------------------ This table must be read along with the other provisions in this section ------------------------------------------------------------------------ Subpart A--Acronyms and --All............ Definitions. Subpart B--General Provisions, --All............ except for Sec. Sec. 75.111, 75.112. and 75.113. Sections 75.111, 75.112, and --Grant --Agreements for 75.113. agreements and loans, loan cooperative guarantees, interest agreements. subsidies and insurance. --Procurement contracts awarded by Federal Agencies under the Federal Acquisition Regulations and subcontracts under these contracts. Subparts C-D, except for Sec. --Grant --Agreements for Sec. 75.202, 75.303, 75.351- agreements and loans, loan .353. cooperative guarantees, interest agreements. subsidies and insurance. --Procurement contracts awarded under the Federal Acquisition Regulations and cost- reimbursement and subcontracts under these contracts. Sec. 75.202................. --Grant --Procurement Agreements and contracts awarded cooperative under the Federal agreements. Acquisition --Agreements for Regulations and cost- loans, loan reimbursement and guarantees, subcontracts under interest these contracts. subsidies and insurance. Sec. Sec. 75.303, 75.351- --All............ .353. Subpart E--Cost Principles.... --Grant --Grant agreements agreements and and cooperative cooperative agreements providing agreements, food commodities. except those --Fixed amount providing food awards. commodities. --Agreements for --All procurement loans, loan contracts under guarantees, interest the Federal subsidies and Acquisition insurance. Regulations --Federal awards to except those hospitals (See that are not Appendix IX). negotiated. [[Page 3014]] Subpart F--Audit Requirements. --Grant --Fixed-price agreements and contracts and cooperative subcontracts awarded agreements. under the Federal --Contracts and Acquisition subcontracts, Regulation. except for fixed price contract and subcontracts, awarded under the Federal Acquisition Regulation. --Agreements for loans, loan guarantees, interest subsidies and insurance and other forms of Federal Financial Assistance as defined by the Single Audit Act Amendment of 1996. ------------------------------------------------------------------------ (2) Federal award of cost-reimbursement contract under the FAR to a non-Federal entity. When a non-Federal entity is awarded a cost- reimbursement contract, only subpart D of this part Sec. Sec. 75.351 through 75.353 (in addition to any FAR related requirements for subaward monitoring), Subpart E of this part and Subpart F of this part are incorporated by reference into the contract. However, when the Cost Accounting Standards (CAS) are applicable to the contract, they take precedence over the requirements of this part except for subpart F of this part when they are in conflict. In addition, costs that are made unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a) as described in the FAR subpart 31.2 and subpart 31.603 are always unallowable. For requirements other than those covered in subpart D of this part, Sec. Sec. 75.351 through 75.353, subpart E of this part and subpart F of this part, the terms of the contract and the FAR apply. * * * * * (d) * * * (1) The block grant awards authorized by the Omnibus Budget Reconciliation Act of 1981 (including Community Services), except to the extent that Subpart E of this Part apply to subrecipients of Community Services Block Grant funds pursuant to 42 U.S.C. 9916(a)(1)(B); * * * * * (e) * * * (1) Entitlement Federal awards to carry out the following programs of the Social Security Act: * * * * * Sec. 75.102 [Amended] 0 155. Amend Sec. 75.102(b) by adding a comma after ``indirect costs'' and removing the second sentence. Sec. 75.103 [Amended] 0 156. In Sec. 75.103, amend paragraphs (a) and (b) by adding ``Prescribing the Duties of the Office of Management and Budget and the Domestic Policy Council in the Executive Office of the President'' after ``Executive Order 11541'' in each paragraph. Sec. 75.104 [Amended] 0 157. Amend Sec. 75.104(a)(7) by adding closing quotation marks after the word Organizations. 0 158. In Sec. 75.110, revise paragraph (a) to read as follows: Sec. 75.110 Effective/Applicability date (a) The standards set forth in this part which affect administration of Federal awards issued by HHS agencies become effective December 26, 2014 unless different provisions are required by statute or approved by OMB. For the procurement standards in 45 CFR 75.326 through 75.355, non-Federal entities may continue to comply with the procurement standards in previous OMB guidance (superseded by this part as described in 45 CFR 75.104) for two additional fiscal years after this part goes into effect. If a non-Federal entity chooses to use the previous procurement standards for an additional two fiscal years before adopting the procurement standards in this part, the non- Federal entity must document this decision in their internal procurement policies. * * * * * 0 159. Amend Sec. 75.113 by adding a new second sentence to read as follows: Sec. 75.113 Mandatory disclosures. * * * Non-Federal entities that have received a Federal award including the term and condition outlined in Appendix XII are required to report certain civil, criminal, or administrative proceedings to SAM. * * * Sec. 75.203 [Amended] 0 160. Amend Sec. 75.203(c)(5) by removing the last sentence. 0 161. Amend Sec. 75.205 by revising paragraph (a) to read as follows: Sec. 75.205 [Amended] (a) Review of OMB-designated repositories of governmentwide data. (1) Prior to making a Federal award, the HHS awarding agency is required by 31 U.S.C. 3321 and 41 U.S.C. 2313 note to review information available through any OMB-designated repositories of governmentwide eligibility qualification or financial integrity information as appropriate. See also suspension and debarment requirements at 2 CFR parts 180 and 376. (2) In accordance 41 U.S.C. 2313, the HHS awarding agency is required to review the publicly available information in the OMB- designated integrity and performance system accessible through SAM (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) prior to making a Federal award where the Federal share is expected to exceed the simplified acquisition threshold, defined in 41 U.S.C. 134, over the period of performance. At a minimum, the information in the system for a prior Federal award recipient must demonstrate a satisfactory record of executing programs or activities under Federal grants, cooperative agreements, or procurement awards; and integrity [[Page 3015]] and business ethics. The HHS awarding agency may make a Federal award to a recipient who does not fully meet these standards, if it is determined that the information is not relevant to the current Federal award under consideration or there are specific conditions that can appropriately mitigate the effects of the non-Federal entity's risk in accordance with Sec. 75.207. * * * * * Sec. 75.206 [Amended] 0 162. Amend Sec. 75.206(a) by adding ``, Controlling Paperwork Burdens on the Public'' after ``5 CFR part 1320''. Sec. 75.207 [Amended] 0 163. Amend Sec. 75.207(a)(4) by removing ``the'' and adding in its place ``an''. 0 164. Amend Sec. 75.210: 0 a. In paragraph (a)(1) by removing ``their'' and adding in its place ``its''; 0 b. By adding paragraph (b)(1)(iii); and 0 c. By adding ``Preparation, Submission and Execution of the Budget'' after ``A-11'' in the last sentence of paragraph (d). The addition reads as follows: Sec. 75.210 Information contained in a Federal award. * * * * * (b) * * * (1) * * * (iii) Recipient integrity and performance matters. If the total Federal share of the Federal award may include more than $500,000 over the period of performance, the HHS awarding agency must include the term and condition available in Appendix XII. See also Sec. 75.113. * * * * * 0 165. In Sec. 75.211, revise paragraph (b) and add paragraph (c) to read as follows: Sec. 75.211 Public access to Federal award information. * * * * * (b) All information posted in the designated integrity and performance system accessible through SAM (currently FAPIIS) on or after April 15, 2011 will be publicly available after a waiting period of 14 calendar days, except for: (1) Past performance reviews required by Federal Government contractors in accordance with the Federal Acquisition Regulation (FAR) 42.15; (2) Information that was entered prior to April 15, 2011; or (3) Information that is withdrawn during the 14-calendar day waiting period by the Federal Government official. (c) Nothing in this section may be construed as requiring the publication of information otherwise exempt under the Freedom of Information Act (5 U.S.C. 552), or controlled unclassified information pursuant to Executive Order 13556. Sec. Sec. 75.212 through 75.217 [Redesignated as Sec. Sec. 75.213 through 75.218] 0 166. Redesignate Sec. Sec. 75.212 through 75.217 as Sec. Sec. 75.213 through 75.218, respectively. 0 167. Add a new Sec. 75.212 to read as follows: Sec. 75.212 Reporting a determination that a recipient is not qualified for a Federal award. (a) If an HHS awarding agency does not make a Federal award to a non-Federal entity because the official determines that the non-Federal entity does not meet either or both of the minimum qualification standards as described in Sec. 75.205(a)(2), the HHS awarding agency must report that determination to the designated integrity and performance system accessible through SAM (currently FAPIIS), only if all of the following apply: (1) The only basis for the determination described in paragraph (a) of this section is the non-Federal entity's prior record of executing programs or activities under Federal awards or its record of integrity and business ethics, as described in Sec. 75.205(a)(2), (i.e., the entity was determined to be qualified based on all factors other than those two standards), and (2) The total Federal share of the Federal award that otherwise would be made to the non-Federal entity is expected to exceed the simplified acquisition threshold over the period of performance. (b) The HHS awarding agency is not required to report a determination that a non-Federal entity is not qualified for a Federal award if it makes the Federal award to the non-Federal entity and includes specific award terms and conditions, as described in Sec. 75.207. (c) If an HHS awarding agency reports a determination that a non- Federal entity is not qualified for a Federal award, as described in paragraph (a) of this section, the HHS awarding agency also must notify the non-Federal entity that-- (1) The determination was made and reported to the designated integrity and performance system accessible through SAM, and include with the notification an explanation of the basis for the determination; (2) The information will be kept in the system for a period of five years from the date of the determination, as required by section 872 of Public Law 110-417, as amended (41 U.S.C. 2313), then archived; (3) Each HHS awarding agency that considers making a Federal award to the non-Federal entity during that five year period must consider that information in judging whether the non-Federal entity is qualified to receive the Federal award when the total Federal share of the Federal award is expected to include an amount of Federal funding in excess of the simplified acquisition threshold over the period of performance; (4) The non-Federal entity may go to the awardee integrity and performance portal accessible through SAM (currently the Contractor Performance Assessment Reporting System (CPARS)) and comment on any information the system contains about the non-Federal entity itself; and (5) HHS awarding agencies will consider that non-Federal entity's comments in determining whether the non-Federal entity is qualified for the future Federal award. (d) If an HHS awarding agency enters information into the designated integrity and performance system accessible through SAM about a determination that a non-Federal entity is not qualified for a Federal award and subsequently: (1) Learns that any of that information is erroneous, the HHS awarding agency must correct the information in the system within three business days; (2) Obtains an update to that information that could be helpful to other Federal awarding agencies, the HHS awarding agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way. (e) HHS awarding agencies shall not post any information that will be made publicly available in the non-public segment of the designated integrity and performance system that is covered by a disclosure exemption under the Freedom of Information Act. If the recipient asserts within seven calendar days to the HHS awarding agency that posted the information that some or all of the information made publicly available is covered by a disclosure exemption under the Freedom of Information Act, the HHS awarding agency that posted the information must remove the posting within seven calendar days of receiving the assertion. Prior to reposting the releasable information, the HHS awarding agency must resolve the issue in accordance with the agency's Freedom of Information Act procedures. [[Page 3016]] Sec. 75.213 [Amended] 0 168. In newly redesignated Sec. 75.213, remove ``and contractors'' after ``entities'' in the first sentence. 0 169. In Sec. 75.305, revise the last sentence in paragraph (b) introductory text and revise paragraphs (b)(6)(ii) and (b)(9) introductory text to read as follows: Sec. 75.305 Payment. (b) * * * Except as noted elsewhere in this part, HHS awarding agencies must require recipients to use only OMB-approved standard governmentwide information collection requests to request payment. * * * * * (6) * * * (ii) The non-Federal entity is delinquent in a debt to the United States as defined in OMB Guidance A-129 ``Policies for Federal Credit Programs and Non-Tax Receivables.'' * * * * * (9) Interest earned amounts up to $500 per year may be retained by the non-Federal entity for administrative expense. Any additional interest earned on Federal advance payments deposited in interest- bearing accounts must be remitted annually to the Department of Health and Human Services Payment Management System (PMS) through an electronic medium using either Automated Clearing House (ACH) network or a Fedwire Funds Service payment. Remittances must include pertinent information of the payee and nature of the payment in the memo area (often referred to as ``addenda records'' by Financial Institutions) as that will assist in the timely posting of interest earned on federal funds. Pertinent details include the Payee Account Number (PAN) if the payment originated from PMS, or Agency information, if the payment originated from ASAP, NSF or another federal agency payment system. The remittance must be submitted as follows: * * * * * Sec. 75.306 [Amended] 0 170. Amend Sec. 75.306(c) by adding ``only with prior approval of the HHS awarding agency'' at the end of the first sentence. Sec. 75.307 [Amended] 0 171. Amend Sec. 75.307(e) by removing ``75.215'' and adding in its place ``75.216''. 0 172. In Sec. 75.308, revise paragraph (c) to read as follows: Sec. 75.308 Revision of budget and program plans. * * * * * (c)(1) For non-construction Federal awards, recipients must request prior approvals from HHS awarding agencies for one or more of the following program or budget-related reasons: (i) Change in the scope or the objective of the project or program (even if there is no associated budget revision requiring prior written approval). (ii) Change in a key person specified in the application or the Federal award. (iii) The disengagement from the project for more than three months, or a 25 percent reduction in time devoted to the project, by the approved project director or principal investigator. (iv) The inclusion, unless waived by the HHS awarding agency, of costs that require prior approval in accordance with subpart E of this part, or Appendix IX of this part, or 48 CFR part 31, as applicable. (v) The transfer of funds budgeted for participant support costs as defined in Sec. 75.2 to other categories of expense. (vi) Unless described in the application and funded in the approved Federal awards, the subawarding, transferring or contracting out of any work under a Federal award, including fixed amount subawards as described in Sec. 75.353. This provision does not apply to the acquisition of supplies, material, equipment or general support services. (vii) Changes in the approved cost-sharing or matching provided by the non-Federal entity. (viii) The need arises for additional Federal funds to complete the project. (ix) The inclusion of research patient care costs in research awards made for the performance of research work. (x) The provision of subawards by a pass-through entity on fixed amounts up to the Simplified Acquisition Threshold, provided that the subawards meet the requirements for fixed amount awards in Sec. 75.201. See Sec. 75.353. (xi) The recipient wishes to dispose of, replace, or encumber title to real property, equipment, or intangible property that are acquired or improved with a Federal award. See Sec. Sec. 75.318, 75.320, 75.322, and 75.323. (2) No other prior approval requirements for specific items may be imposed unless an exception has been approved by OMB. See also Sec. Sec. 75.102 and 75.407. * * * * * Sec. 75.322 [Amended] 0 173. Amend Sec. 75.322(d)(2) by adding ``for Federal purposes'' at the end. Sec. 75.327 [Amended] 0 174. Amend Sec. 75.327(h) by removing the third sentence and the parenthetical reference and adding a new last sentence. The addition reads as follows: Sec. 75.327 General procurement standards. * * * * * (h) * * * See also Sec. 75.213. * * * * * Sec. 75.329 [Amended] 0 175. In Sec. 75.329, paragraph (c)(2)(i) and (iii), remove ``state'' and remove ``publically'' and add in its place ``publicly''. 0 176. In Sec. 75.351, revise the last sentence of paragraph (b) introductory text to read as follows: Sec. 75.351 Subrecipient and contractor determinations. * * * * * (b) * * * Characteristics indicative of a procurement relationship between the non-Federal entity and a contractor are when the contractor: * * * * * 0 177. In Sec. 75.352, revise paragraphs (a)(1)(i), (iv), (vi), (vii), (viii), and (x) and (a)(2) and (4) to read as follows: Sec. 75.352 Requirement for pass-through entities. * * * * * (a) * * * (1) * * * (i) Subrecipient name (which must match the name associated with its unique entity identifier; * * * * * (iv) Federal Award Date (see Sec. 75.2 Federal award date) of award to the recipient by the HHS awarding agency; * * * * * (vi) Amount of Federal Funds Obligated by this action by the pass- through entity to the subrecipient; (vii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current obligation; (viii) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; * * * * * (x) Name of HHS awarding agency, pass-through entity, and contract information for awarding official of the pass-through entity; * * * * * (2) All requirements imposed by the pass-through entity on the subrecipient so that the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award; * * * * * (4) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government or, if no such rate exists, [[Page 3017]] either a rate negotiated between the pass-through entity and the subrecipient (in compliance with this part), or a de minimis indirect cost rate as defined in Sec. 75.414(f); * * * * * 0 178. Revise Sec. 75.363 to read as follows: Sec. 75.363 Methods for collection, transmission and storage of information. In accordance with the May 2013 Executive Order on Making Open and Machine readable the New Default for Government Information, the HHS awarding agency and the non-Federal entity should, whenever practicable, collect, transmit, and store Federal award-related information in open and machine readable formats rather than in closed formats or on paper. 0 179. In Sec. 75.372, revise paragraphs (a)(1) and (b) and add paragraph (c) to read as follows: Sec. 75.372 Termination. * * * * * (a) * * * (1) By the HHS awarding agency or pass-through entity, if the non- Federal entity fails to comply with the terms and conditions of the award; * * * * * (b) When an HHS awarding agency terminates a Federal award prior to the end of the period of performance due to the non-Federal entity's material failure to comply with the Federal award terms and conditions, the HHS awarding agency must report the termination to the OMB- designated integrity and performance system accessible through SAM (currently FAPIIS). (1) The information required under this paragraph (b) is not to be reported to the designated integrity and performance system until after the non-Federal entity either-- (i) Has exhausted its opportunities to object or challenge the decision, see Sec. 75.374; or (ii) Has not, within 30 calendar days after being notified of the termination, informed the HHS awarding agency that it intends to appeal the HHS awarding agency's decision to terminate. (2) If an HHS awarding agency, after entering information into the designated integrity and performance system about a termination, subsequently: (i) Learns that any of the information is erroneous, the HHS awarding agency must correct the information in the system within three business days; (ii) Obtains an update to that information that could be helpful to other Federal awarding agencies, the HHS awarding agency is strongly encouraged to amend the information in the system to incorporate the update in a timely way; (3) HHS awarding agencies shall not post any information that will be made publicly available in the non-public segment of the designated integrity and performance system that is covered by a disclosure exemption under the Freedom of Information Act. If the non-Federal entity asserts within seven calendar days to the HHS awarding agency who posted the information, that some of the information made publicly available is covered by a disclosure exemption under the Freedom of Information Act, the HHS awarding agency who posted the information must remove the posting within seven calendar days of receiving the assertion. Prior to reposting the releasable information, the HHS agency must resolve the issue in accordance with the agency's Freedom of Information Act procedures. (c) When a Federal award is terminated or partially terminated, both the HHS awarding agency or pass-through agency and the non-Federal entity remain responsible for compliance with the requirements of Sec. Sec. 75.381 through 75.390. 0 180. In Sec. 75.373, revise paragraph (b) to read as follows: Sec. 75.373 Notification of termination requirement. * * * * * (b) If the Federal award is terminated for the non-Federal entity's material failure to comply with the Federal statutes, regulations, or terms and conditions of the Federal award, the notification must state that-- (1) The termination decision will be reported to the OMB-designated integrity and performance system accessible through SAM (currently FAPIIS); (2) The information will be available in the OMB-designated integrity and performance system for a period of five years from the date of the termination, then archived; (3) HHS awarding agencies that consider making a Federal award to the non-Federal entity during that five year period must consider that information in judging whether the non-Federal entity is qualified to receive the Federal award, when the Federal share of the Federal award is expected to exceed the simplified acquisition threshold over the period of performance; (4) The non-Federal entity may comment on any information the OMB- designated integrity and performance system contains about the non- Federal entity for future consideration by HHS awarding agencies. The non-Federal entity may submit comments to the awardee integrity and performance portal accessible through SAM (currently CPARS). (5) Federal awarding agencies will consider non-Federal entity comments when determining whether the non-Federal entity is qualified for a future Federal award. * * * * * Sec. 75.409 [Amended] 0 181. Amend Sec. 75.409 introductory text by removing ``subpart, certain sections in this subpart'' and adding in its place ``subtitle, other subtitles in this part''. 0 182. In Sec. 75.414, revise paragraph (e)(3) to read as follows: Sec. 75.414 Indirect (F&A) costs. * * * * * (e) * * * (3) Appendix V to Part 75--State/Local Governmentwide Central Service Cost Allocation Plans; * * * * * Sec. 75.419 [Amended] 0 183. In Sec. 75.419, amend paragraph (b) introductory text by removing ``its'' and adding in its place ``their'' before ``cost accounting practices''. 0 184. In Sec. 75.431, amend paragraph (h)(3) by removing ``Federal Government's'' and adding in its place ``non-Federal entity'' and revise paragraphs (i)(1) and (j). The revisions read as follows: Sec. 75.431 Compensation--fringe benefits. * * * * * (i) Severance pay. (1) Severance pay, also commonly referred to as dismissal wages, is a payment in addition to regular salaries and wages, by non-Federal entities to workers whose employment is being terminated. Costs of severance pay are allowable only to the extent that in each case, it is required by: (i) Law; (ii) Employer-employee agreement; (iii) Established policy that constitutes, in effect, an implied agreement on the non-Federal entity's part; or (iv) Circumstances of the particular employment. * * * * * (j) For IHEs only. (1) Fringe benefits in the form of undergraduate and graduate tuition or remission of tuition for individual employees are allowable, provided such benefits are granted in accordance with established non-federal entity policies, and are distributed to all non-Federal entity activities on an equitable basis. Tuition benefits for [[Page 3018]] family members other than the employee are unallowable. (2) Fringe benefits in the form of tuition or remission of tuition for individual employees not employed by IHEs are limited to the tax- free amount allowed per section 127 of the Internal Revenue Code as amended. (3) IHEs may offer employees tuition waivers or tuition reductions, provided that the benefit does not discriminate in favor of highly compensated employees. Employees can exercise these benefits at other institutions according to institutional policy. See Sec. 75.466 for treatment of tuition remission provided to students. * * * * * 0 185. Amend Sec. 75.439, by adding paragraph (b)(7) to read as follows: Sec. 75.439 Equipment and other capital expenditures. * * * * * (b) * * * (7) Equipment and other capital expenditures are unallowable as indirect costs. See Sec. 75.436. Sec. 75.448 [Amended] 0 186. Amend Sec. 75.448(b)(3) by removing ``there'' and adding in its place ``thereto''. Sec. 75.449 [Amended] 0 187. In Sec. 75.449, amend paragraph (b)(1) by removing ``are defined in'' and adding in its place ``is defined as noted in'', and in paragraph (e) by removing ``September 23'' and adding in its place ``July 1''. Sec. 75.450 [Amended] 0 188. Amend Sec. 75.450(c)(2)(iv) by removing ``IRC secs.'' and adding in its place ``I.R.C. sections''. 0 189. Revise Sec. 75.456 to read as follows: Sec. 75.456 Participant support costs. Participant support costs as defined in Sec. 75.2 are allowable with the prior approval of the HHS awarding agency. Sec. 75.459 [Amended] 0 190. In Sec. 75.459, amend the section heading by removing ``services'' and adding in its place ``service''. 0 191. In Sec. 75.461, add paragraph (b)(3) to read as follows: Sec. 75.461 Publication and printing costs. * * * * * (b) * * * (3) The non-Federal entity may charge the Federal award before closeout for the costs of publication or sharing of research results if the costs are not incurred during the period of performance of the Federal award. * * * * * Sec. 75.465 [Amended] 0 192. Amend Sec. 75.465(c) introductory text by removing the parentheses around ``as explained in paragraph (b) of this section''. Sec. 75.474 [Amended] 0 193. Amend Sec. 75.474(d) by adding ``(``Travel and Subsistence Expenses: Mileage Allowance'')'' after ``5 U.S.C. 5701-11''. Sec. 75.501 [Amended] 0 194. Amend Sec. 75.501(k) by removing ``Sec. 75.215'' and adding in its place ``Sec. 75.216''. Sec. 75.515 [Amended] 0 195. Amend Sec. 75.515(b) by removing ``or'' and adding in its place ``and'' before ``award agreements'' in the first sentence. 0 196. In Appendix I to Part 75: 0 a. In section E: 0 i. Redesignate paragraph 3 as paragraph 4 and revise it; and 0 ii. Add a new paragraph 3; 0 b. In section F, revise paragraph 3. The addition and revisions read as follows: Appendix I to Part 75--Full Text of Notice of Funding Opportunity * * * * * E. * * * 3. For any Federal award under a notice of funding opportunity, if the HHS awarding agency anticipates that the total Federal share will be greater than the simplified acquisition threshold on any Federal award under a notice of funding opportunity may include, over the period of performance (see Sec. 75.2 Simplified Acquisition Threshold), this section must also inform applicants: i. That the HHS awarding agency, prior to making a Federal award with a total amount of Federal share greater than the simplified acquisition threshold, is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently FAPIIS) (see 41 U.S.C. 2313); ii. That an applicant, at its option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about itself that the HHS awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM; iii. That the HHS awarding agency will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in Sec. 75.205. 4. Anticipated Announcement and Federal Award Dates--Optional. This section is intended to provide applicants with information they can use for planning purposes. If there is a single application deadline followed by the simultaneous review of all applications, the HHS awarding agency can include in this section information about the anticipated dates for announcing or notifying successful and unsuccessful applicants and for having Federal awards in place. If applications are received and evaluated on a ``rolling'' basis at different times during an extended period, it may be appropriate to give applicants an estimate of the time needed to process an application and notify the applicant of the HHS awarding agency's decision. F. * * * 3. Reporting--Required. This section must include general information about the type (e.g., financial or performance), frequency, and means of submission (paper or electronic) of post- Federal award reporting requirements. Highlight any special reporting requirements for Federal awards under this funding opportunity that differ (e.g., by report type, frequency, form/ format, or circumstances for use) from what the HHS awarding agency's Federal awards usually require. HHS agencies must also describe in this section all relevant requirements such as those at 2 CFR 180.335 and 2 CFR 180.350. If the Federal share of any Federal award may include more than $500,000 over the period of performance, this section must inform potential applicants about the post award reporting requirements in Appendix XII. * * * * * 0 197. Amend Appendix III to Part 75 as follows: 0 a. Add ``(IHEs)'' at the end of the appendix heading; 0 b. Redesignate paragraph A.1.b.(3) as paragraph A.1.a.(3); 0 c. In section C, by adding `` ``Equal Employment Opportunity (30 FR 12319, 12935, 3 CFR 1964-1965 Comp., p. 339)'' after ``Executive Order 11246''; and adding `` ``Amending Executive Order 11246 Relating to Equal Employment Opportunity,'' '' after ``Executive Order 11375''; and 0 d. In Section C.7, redesignate first paragraph as ``a.'' and revise the first sentence. The revision reads as follows: Appendix III to Part 75--Indirect (F&A) Costs, Identification and Assignment, and Rate Determination for Institutions of Higher Education (IHEs) * * * * * C. * * * 7. a. Except as provided in paragraph (c)(1) of Sec. 75.414, HHS agencies must use the negotiated rates in effect at the time of the initial award throughout the life of the Federal award. * * * * * * * * 0 198. Amend Appendix IV to Part 75 as follows: 0 a. In Section A., designate the second paragraph as Section A.2. and revise it; 0 b. In Section B.2.c, remove ``contracts or'' and add in its place ``as''; [[Page 3019]] 0 c. In Section B.2.e. amend the first sentence by removing ``Federal Funding of direct costs'' and add in its place ``direct Federal funding'' and remove ``section A.3. of this Appendix'' and add in its place ``Sec. 75.414(a)''; 0 d. In Section B.3.g. amend the last sentence by removing ``section A.3 of this Appendix'' and adding in its place ``Sec. 75.414(a)''; 0 e. In Section C.2.b. amend the first sentence by removing ``(e)'' and add in its place ``(f)''; 0 f. In Section C.2.c. amend the first sentence by removing ``(f)'' and add in its place ``(g)''; 0 g. In Section D.1. amend the first sentence by removing ``subsection b'' and add, in its place with ``subsection 2''; and 0 h. In Section D.2. introductory text, remove the subject heading``Certificate.'' The revision reads as follows: Appendix IV to Part 75--Indirect (F&A) Costs Identification and Assignment, and Rate Determination for Nonprofit Organizations * * * * * 2. ``Major nonprofit organizations'' are defined in Sec. 75.414(a). See indirect cost rate reporting requirements in sections B.2.e and B.3.g. of this appendix * * * * * 0 199. Amend Appendix V to Part 75 as follows: 0 a. In Section A.2. by adding ``or at their Web site at'' after ``Cost Allocation Services''; and 0 b. Revise Section E.2. The revision reads as follows: Appendix V to Part 75--State/Local Governmentwide Central Service Cost Allocation Plans * * * * * 2. Allocated Central Services. For each allocated central service*, the plan must also include the following: a brief description of the service, an identification of the unit rendering the service and the operating agencies receiving the service, the items of expense included in the cost of the service, the method used to distribute the cost of the service to benefitted agencies, and a summary schedule showing the allocation of each service to the specific benefitted agencies. If any self-insurance funds or fringe benefits costs are treated as allocated (rather than billed) central services, documentation discussed in subsections 3.b. and c. must also be included. * * * * * Appendix VII to Part 75--[Amended] 0 200. Amend Appendix VII to Part 75, Section A.3. by adding ``or at their Web site'' after ``Cost Allocation Services'' in the last sentence. Appendix VIII to Part 75--[Amended] 0 201. Amend Appendix VIII by designating each of the listed organizations as numbers 1 through 33. Appendix X to Part 75--[Amended] 0 202. Amend Appendix X by removing ``https://harvester.census.gov/facweb/Default.aspx''. Appendix XI to Part 75--[Amended] 0 203. Amend Appendix XI by adding ``e.g., for 2013 here:'' in the parentheses before http''. 0 204. Add Appendix XII to Part 75 to read as follows: Appendix XII--Award Term and Conditions for Recipient Integrity and Performance Matters A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five year period; and c. If one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgement of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to this requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes-- (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised B. [Reserved] [[Page 3020]] PART 87--EQUAL TREATMENT FOR FAITH-BASED ORGANIZATIONS 0 205. The authority citation for part 87 continues to read as follows: Authority: 5 U.S.C. 301. Sec. 87.1 [Amended] 0 206. Amend Sec. 87.1(b) in the last sentence by removing ``45 CFR parts 74, 92, and 96'' and adding in its place ``45 CFR parts 75 and 96''. Sec. 87.2 [Amended] 0 207. Amend Sec. 87.2(b) in the last sentence by removing ``45 CFR parts 74, 92, and 96'' and adding in its place ``45 CFR parts 75 and 96''. PART 95--GENERAL ADMINISTRATION--GRANT PROGRAMS (PUBLIC ASSISTANCE, MEDICAL ASSISTANCE AND STATE CHILDREN'S HEALTH INSURANCE PROGRAMS) 0 208. The authority citation for part 95 continues to read as follows: Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), 629b(a), 652(a), 652(d), 654A, 671(a), 1302, and 1396a(a). Sec. 95.613 [Amended] 0 209. Amend Sec. 95.613(a) in the first sentence by removing ``part 92'' and adding in its place ``part 75'' and in the second sentence by removing ``Sec. 92.36(c)'' and adding in its place ``Sec. 75.328''. Sec. 95.621 [Amended] 0 210. Amend Sec. 95.621(d) by removing ``part 92'' and adding in its place ``part 75''. Sec. 95.705 [Amended] 0 211. Amend Sec. 95.705(a) in the last sentence by removing ``part 92'' and adding in its place ``part 75''. Sec. 95.707 [Amended] 0 212. Amend Sec. 95.707(a) by removing ``Sec. 92.32, Equipment'' and adding in its place ``Sec. 75.320''. PART 98--CHILD CARE AND DEVELOPMENT FUND 0 213. The authority citation for part 98 continues to read as follows: Authority: 42 U.S.C. 618, 9858. Sec. 98.60 [Amended] 0 214. Amend Sec. 98.60(d)(4)(ii) by removing ``45 CFR 92.3, Obligations and Outlays (expenditures)'' and adding in its place ``45 CFR 75.2''. Sec. 98.84 [Amended] 0 215. Amend Sec. 98.84: 0 a. In paragraph (d)(1) by removing ``45 CFR 92.31'' and adding in its place ``45 CFR 75.318''; 0 b. In paragraph (d)(2) by removing ``45 CFR 92.31(c)'' and adding in its place 45 CFR 75.318(c)''; 0 c. In paragraph (d)(3) by removing ``45 CFR 92.31(a)'' and adding in its place 45 CFR 75.318(a)''; 0 d. in paragraph (d)(4) by removing ``45 CFR 92.22'' and adding in its place ``45 CFR part 75, subpart E''; 0 e. In paragraph (d)(5) by removing ``45 CFR 92.25'' and adding in its place ``45 CFR 75.307''; and 0 f. In paragraph (d)(6) by removing ``45 CFR 92.36'' and adding in its place ``45 CFR 75.326 through 75.340''. PART 261--ENSURING THAT RECIPIENTS WORK 0 216. The authority citation for part 261 continues to read as follows: Authority: 42 U.S.C. 601, 602, 607, and 609; P.L. 109-171. 0 217. Amend Sec. 261.64(c) by removing ``the single audit under OMB Circular A-133'' and adding in its place ``45 CFR part 75, subpart F''. PART 262--ACCOUNTABILITY PROVISIONS--GENERAL 0 218. The authority citation for part 262 continues to read as follows: Authority: 31 U.S.C. 7501 et seq.; 42 U.S.C. 606, 609, and 610; Pub. L. 109-171. 0 219. Amend Sec. 262.3 in paragraph (a) by removing ``OMB Circular A- 133'' and adding in its place ``45 CFR part 75, subpart F'' and in paragraph (f) by removing ``Sec. 92.42 of this title'' and adding in its place ``45 CFR 75.361 through 75.370''. PART 263--EXPENDITURES OF STATE AND FEDERAL TANF FUNDS 0 220. The authority citation for part 263 continues to read as follows: Authority: 42 U.S.C. 604, 607, 609, and 862a; Pub. L. 109-171. Sec. 263.2 [Amended] 0 221. Amend Sec. 263.2(e)(1) by removing ``45 CFR 92.3 and 92.24'' and adding in its place ``45 CFR 75.2 and 75.306''. Sec. 263.11 [Amended] 0 222. Amend Sec. 263.11(b) by removing ``the provisions of part 92 of this title, or OMB Circular A-87'' and adding in its place ``or part 75 of this title''. 0 223. Amend Sec. 263.14 by removing ``OMB Circular A-87 (2 CFR part 225)'' and adding in its place ``subpart E of part 75 of this title''. PART 265--DATA COLLECTION AND REPORTING REQUIREMENTS 0 224. The authority citation for part 265 continues to read as follows: Authority: 42 U.S.C. 603, 605, 607, 609, 611, and 613; Pub. L. 109-171. Sec. 265.7 [Amended] 0 225. Amend Sec. 265.7 in paragraph (d)(4) by removing ``Sec. 92.20(a) of this title'' and adding in its place ``Sec. 75.302(a) of this title'' and in paragraph (f) by removing ``Sec. 92.42 of this title'' and adding in its place ``Sec. Sec. 75.361 through 75.370 of this title''. PART 286--TRIBAL TANF PROVISIONS 0 226. The authority citation for part 286 continues to read as follows: Authority: 42 U.S.C. 601, 604, and 612; Public Law 111-5. Sec. 286.30 [Amended] 0 227. Amend Sec. 286.30 in paragraph (c) by removing ``45 CFR part 92'' and adding in its place ``45 CFR part 75'' and in paragraph (f)(2) by removing ``45 CFR part 92 and OMB Circulars A-87 and A-133'' and adding in its place ``45 CFR part 75''. Sec. 286.45 [Amended] 0 228. Amend Sec. 286.45 in paragraph (c) by removing ``OMB Circular A- 87'' and adding in its place ``45 CFR part 75, subpart E'' and in paragraph (d) by removing ``OMB Circular A-133 and in 45 CFR part 92'' and adding in its place ``45 CFR part 75''. Sec. 286.200 [Amended] 0 229. Amend Sec. 286.200(b) by removing ``45 CFR part 92, OMB Circulars A-87 and A-133'' and adding in its place ``45 CFR part 75''. Sec. 286.205 [Amended] 0 230. Amend Sec. 286.205 in paragraph (b)(3)(iv) by removing ``45 CFR part 92 and all relevant OMB circulars'' and adding in its place ``45 CFR part 75'' and in paragraph (c) by removing ``45 CFR part 92 and all relevant OMB circulars'' and adding in its place ``45 CFR part 75''. Sec. 286.270 [Amended] 0 231. Amend Sec. 286.270(b) by removing ``45 CFR part 92, OMB Circulars A-87 and A-133'' and adding in its place ``45 CFR part 75''. PART 287--THE NATIVE EMPLOYMENT WORKS (NEW) PROGRAM 0 232. The authority citation for part 287 continues to read as follows: [[Page 3021]] Authority: 42 U.S.C. 612. Sec. 287.60 [Amended] 0 233. Amend Sec. 287.60 in paragraph (a) by removing ``45 CFR 92.41'' and adding in its place 45 CFR 75.341'' and in paragraph (b) by removing 45 CFR 92.26'' and adding in its place ``45 CFR part 75, subpart F''. PART 301--STATE PLAN APPROVAL AND GRANT PROCEDURES 0 234. The authority citation for part 301 continues to read as follows: Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667, 1301, and 1302. Sec. 301.15 [Amended] 0 235. Amend Sec. 301.15 by revising paragraph (e) to read as follows: Sec. 301.15 Grants. * * * * * (e) General administrative requirements. With the following exceptions, the provisions of part 75 of this title, establishing uniform administrative requirements and cost principles, shall apply to all grants made to States under this part: 45 CFR Part 75 45 CFR 75.306 Cost sharing or matching. 45 CFR 75.341 Financial reporting. * * * * * PART 302--STATE PLAN REQUIREMENTS 0 236. The authority citation for part 302 continues to read as follows: Authority: 42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k). Sec. 302.14 [Amended] 0 237. Amend Sec. 302.14 by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. Sec. 302.15 [Amended] 0 238. Amend Sec. 302.15(a)(7) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. PART 303--STANDARDS FOR PROGRAM OPERATIONS 0 239. The authority citation for part 303 continues to read as follows: Authority: 42 U.S.C. 651 through 658, 659a, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p) and 1396(k). Sec. 303.11 [Amended] 0 240. Amend Sec. 303.11(d) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. PART 304--FEDERAL FINANCIAL PARTICIPATION 0 241. The authority citation for part 304 continues to read as follows: Authority: 42 U.S.C. 651 through 655, 657, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k). Sec. 304.10 [Amended] 0 242. Amend Sec. 304.10 by removing ``part 74 of this title (with the exception of 45 CFR 74.23, Cost Sharing or Matching and 45 CFR 74.52, Financial Reporting)'' and adding in its place ``part 75 of this title (with the exception of 45 CFR 75.306 and 75.341)''. Sec. 304.20 [Amended] 0 243. Amend Sec. 304.20(b)(1)(iii) by removing ``45 CFR 74.40 et seq.'' and adding in its place ``45 CFR 75.326 through 75.340''. Sec. 304.25 [Amended] 0 244. Amend Sec. 304.25(a) in the first sentence by removing ``part 74 of this title'' and adding in its place ``part 75 of this title''. PART 309--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM 0 245. The authority citation for part 309 continues to read as follows: Authority: 42 U.S.C. 655(f), 1302. Sec. 309.85 [Amended] 0 246. Amend Sec. 309.85(b) by removing ``45 CFR 74.53'' and adding in its place ``45 CFR 75.361 through 75.370''. Sec. 309.130 [Amended] 0 247. Amend Sec. 309.130 in paragraph (d)(3) by removing ``45 CFR 74.23'' and adding in its place ``45 CFR 75.306'' and in paragraph (h) by removing ``part 74'' and adding in its place ``part 75''. Sec. 309.145 [Amended] 0 248. Amend Sec. 309.145 in paragraph (a)(3) introductory text by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75'' and in paragraph (o) introductory text by removing ``OMB Circular A- 87'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 309.150 [Amended] 0 249. Amend Sec. 309.150(d) by removing ``OMB Circular A-87'' and adding in its place ``45 CFR part 75, subpart E''. Sec. 309.160 [Amended] 0 250. Amend Sec. 309.160 by removing ``OMB Circular A-133,`Audits of States, Local Governments, and Non-Profit Organizations' and 45 CFR part 74' '' and adding in its place ``45 CFR part 75''. PART 400--REFUGEE RESETTLEMENT PROGRAM 0 251. The authority citation for part 400 continues to read as follows: Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)). Sec. 400.11 [Amended] 0 252. Amend Sec. 400.11(c) by removing ``Sec. 74.73(a)'' and adding in its place ``Sec. 75.341''. Sec. 400.28 [Amended] 0 253. Amend Sec. 400.28 in paragraph (a) introductory text by removing ``part 74, Subpart D of this title'' and adding in its place ``45 CFR 75.361 through 75.370''. PART 1000--INDIVIDUAL DEVELOPMENT ACCOUNT RESERVE FUNDS ESTABLISHED PURSUANT TO GRANTS FOR ASSETS FOR INDEPENDENCE 0 254. The authority citation for part 1000 continues to read as follows: Authority: 42 U.S.C. 604 nt. Sec. 1000.3 [Amended] 0 255. Amend Sec. 1000.3 in paragraph (a) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75'' and in paragraph (b) by removing ``45 CFR part 92'' and adding in its place ``45 CFR part 75''. PART 1301--HEAD START GRANTS ADMINISTRATION 0 256. The authority citation for part 1301 continues to read as follows: Authority: 42 U.S.C. 9801 et seq. Sec. 1301.10 [Amended] 0 257. Amend Sec. 1301.10: 0 a. In paragraph (a) by removing ``45 CFR part 74 Administration of grants'' and ``45 CFR part 75 Informal grant appeals procedures (indirect cost rates and other cost allocations)'' and adding in alphanumeric order ``45 CFR part 75 Uniform Administrative Requirements, Cost Principles and Audit Requirements for HHS Awards''; and 0 b. In paragraph (b): 0 i. In the introductory text by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''; 0 ii. In paragraph (b)(1), by removing ``Sec. 74.15 of part 74'' and adding in its place ``Sec. 75.334 of part 75''; and 0 iii. In paragraph (b)(2) by removing ``Sec. 74.61 of part 74'' and adding in its place ``subpart F of part 75''. [[Page 3022]] PART 1304--PROGRAM PERFORMANCE STANDARDS FOR THE OPERATION OF HEAD START PROGRAMS BY GRANTEE AND DELEGATE AGENCIES 0 258. The authority citation for part 1304 continues to read as follows: Authority: 42 U.S.C. 9801 et seq. Sec. 1304.60 [Amended] 0 259. Amend Sec. 1304.60(f) by removing ``45 CFR part 74 or part 92'' and adding in its place ``45 CFR part 75'', and removing ``45 CFR 74.61(a)(1), 45 CFR 74.62 and 45 CFR 92.43(a)'' and adding in its place ``45 CFR 75.371 through 75.372''. PART 1309--HEAD START FACILITIES PURCHASE, MAJOR RENOVATION AND CONSTRUCTION 0 260-261. The authority citation for part 1309 continues to read as follows: Authority: 42 U.S.C. 9801 et seq. Sec. 1309.21 [Amended] 0 262. Amend Sec. 1309.21(e) by removing ``45 CFR parts 74 or 92'' and adding in its place ``45 CFR part 75''. Sec. 1309.22 [Amended] 0 263. Amend Sec. 1309.22(c) by removing ``45 CFR 74.2, or, if part 92 is applicable, to ACF's share as defined in 45 CFR 92.3'' and adding in its place ``45 CFR 75.2''. Sec. 1309.31 [Amended] 0 264. Amend Sec. 1309.31(b) by removing ``45 CFR part 74 and 45 CFR part 92'' and adding in its place ``45 CFR part 75''. Sec. 1309.32 [Amended] 0 265. Amend Sec. 1309.32(b) by removing ``45 CFR parts 74 and 92'' and adding in its place ``45 CFR part 75''. Sec. 1309.34 [Amended] 0 266. Amend Sec. 1309.34 by removing ``45 CFR part 74 and 45 CFR part 92'' and adding in its place ``45 CFR part 75''. Sec. 1309.43 [Amended] 0 267. Amend Sec. 1309.43 by removing ``45 CFR part 74 and 45 CFR part 92'' and adding in its place ``45 CFR part 75''. Sec. 1309.52 [Amended] 0 268. Amend Sec. 1309.52(a) by removing ``45 CFR parts 74 or 92'' and adding in its place ``45 CFR part 75''. PART 1321--GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING 0 269. The authority citation for part 1321 continues to read as follows: Authority: 42 U.S.C. 3001 et seq.; title III of the Older Americans Act, as amended. 0 270. Amend Sec. 1321.5 by revising paragraph (b) and removing and reserving paragraph (g). The revision reads as follows: Sec. 1321.5 Applicability of other regulations. * * * * * (b) 45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards, except Sec. 75.206 * * * * * Sec. 1321.67 [Amended] 0 271. Amend Sec. 1321.67(b)(1) by removing ``45 CFR 92.25(g) (2) and (3)'' and adding in its place ``45 CFR 75.307(e)(2) and (3)''. Sec. 1321.73 [Amended] 0 272. Amend Sec. 1321.73 by removing ``45 CFR 92.25(g)(2)'' and adding in its place ``Sec. 75.307(e)(3)'', removing ``Sec. 92.25(g)(3)'' and adding in its place ``Sec. 75.307(e)(2), and removing ``Sec. 92.25(g)(1)'' and adding in its place ``Sec. 75.307(e)(1)''. PART 1326--GRANTS TO INDIAN TRIBES FOR SUPPORT AND NUTRITION SERVICES 0 273. The authority citation for part 1326 continues to read as follows: Authority: 42 U.S.C. 3001; Title VI, Part A of the Older Americans Act. 0 274. In Sec. 1326.5, remove and reserve paragraph (b) and revise paragraph (c). The revision reads as follows: Sec. 1326.5 Applicability of other regulations. * * * * * (c) 45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards. * * * * * PART 1328--GRANTS FOR SUPPORTIVE AND NUTRITIONAL SERVICES TO OLDER HAWAIIAN NATIVES 0 275. The authority citation for part 1328 continues to read as follows: Authority: 42 U.S.C. 3001; Title VI Part B of the Older Americans Act. 0 276. In Sec. 1328.5, remove and reserve paragraph (b) and revise paragraph (c). The revision reads as follows: Sec. 1328.5 Applicability of other regulations. * * * * * (c) 45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards. * * * * * PART 1336--NATIVE AMERICAN PROGRAMS 0 277. The authority citation for part 1336 continues to read as follows: Authority: 42 U.S.C. 2991 et seq. Sec. 1336.50 [Amended] 0 278. In Sec. 1336.50, amend paragraph (a) by removing ``45 CFR part 74-- Administration of grants'' and ``45 CFR part 75--Informal grant appeals procedures (indirect cost rates and other cost allocations)'' and adding in alphanumeric order ``45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards'' and amend paragraph (f) by removing ``Sec. 74.3 of this title'' and adding in its place ``Sec. 75.2 of this title'' Sec. 1336.52 [Amended] 0 279. Amend Sec. 1336.52(b) by removing ``45 CFR 74.110-74.116'' and adding in its place ``45 CFR 75.371 through 75.380''. Sec. 1336.77 [Amended] 0 280. Amend Sec. 1336.77 in paragraph (a)(1) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75, subpart E'' and in paragraph (b) by removing ``45 CFR part 74'' and adding in its place ``45 CFR part 75''. PART 1355--GENERAL 0 281. The authority citation for part 1355 continues to read as follows: Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42 U.S.C. 1302. 0 282. Amend Sec. 1355.30 by revising paragraph (i) to read as follows: Sec. 1355.30 Other applicable regulations. * * * * * (i) 45 CFR part 75--Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards. Part 75 of this title is applicable to title IV-B programs and the John H. Chafee Foster Care Independence Program under Section 477 of the Act that are operated by States and/or Tribes. Part 75 of this title is applicable to title IV-E foster care and adoption assistance programs operated by a State title IV-E agency, except that section 75.306 Cost sharing or matching and section 75.341 Financial reporting do not apply. Part 75 of this title is applicable to title IV-E foster care and adoption assistance programs operated by a Tribal title IV-E agency pursuant to section 479B, except that section 75.341 and the sections specified in Sec. 1356.68 do not apply to a Tribal title IV-E agency. * * * * * [[Page 3023]] PART 1357--REQUIREMENTS APPLICABLE TO TITLE IV-B 0 283. The authority citation for part 1357 continues to read as follows: Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 670 et seq.; 42 U.S.C. 1302. Sec. 1357.30 [Amended] 0 284. Amend Sec. 1357.30 in paragraph (d) by removing ``45 CFR 92.43 and 92.44'' and adding in its place ``45 CFR 75.371 through 75.372'' and in paragraph (e) introductory text by removing ``45 CFR part 92'' and adding in its place ``45 CFR part 75''. Sec. 1357.40 [Amended] 0 285. In Sec. 1357.40, amend paragraph (d)(5)(i) by removing ``45 CFR 92.43 and 92.44'' and adding in its place ``45 CFR 75.371 through 75.372'' and amend paragraph (d)(5)(ii) introductory text by removing ``45 CFR part 92'' and adding in its place ``45 CFR part 75''. [FR Doc. 2015-32101 Filed 1-19-16; 8:45 am] BILLING CODE 4150-24-P
![3006 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
45 CFR Part 302 45 CFR Part 1355 § 50.309 [Amended]
Child support, Grant programs-social Child welfare, Computer technology, ■ 4. Amend § 50.309, by removing ‘‘45
programs, Penalties, Reporting and Grant programs-social programs, CFR 74.20 et seq’’ and adding in its
recordkeeping, requirements, Reporting and recordkeeping place ‘‘45 CFR 75.361 et seq’’.
Unemployment compensation. requirements. § 50.504 [Amended]
45 CFR Part 309 45 CFR Part 1357 ■ 5. Amend § 50.504(a)(3), by removing
Child support, Grant programs-social Adoption and foster care, Child ‘‘45 CFR part 74,’’ and adding in its
programs, Indians, Reporting and welfare, Grant programs-social place ‘‘45 CFR part 75, subpart E,’’.
recordkeeping, requirements. programs, Indians, Reporting and § 50.604 [Amended]
45 CFR Part 400 recordkeeping requirements.
■ 6. Amend § 50.604(i), by removing
Employment, Grant programs-social Dated: December 14, 2015. ‘‘45 CFR 74.53(b) and 92.42(b)’’ and
programs, Health care, Public assistance Ellen Murray, adding in its place ‘‘45 CFR 75.361’’.
programs, Refugees, Reporting and Assistant Secretary for Financial Resources,
Department of Health and Human Services. § 50.606 [Amended]
recordkeeping requirements.
Under the authority of (5 U.S.C. 301), ■ 7. Amend § 50.606(b), in the last
45 CFR Part 1000
the Department of Health and Human sentence, by removing ‘‘special award
Grant programs-social programs, Services amends 42 CFR parts 38, 50, conditions under 45 CFR 74.14 and
Reporting and recordkeeping 51, 51a, 51b, 51c, 51d, 52, 52a, 52b, 52c, 92.12, or suspension of funding or other
requirements. 52d, 52e, 55a, 56, 57, 59, 59a, 62, 63a, enforcement action under 45 CFR 74.62
45 CFR Part 1301 64, 65, 65a, 66, 67, 124, 136, 403, 417, and 92.43,’’ and adding in its place
430, 433, 434, 435, 436, 438, 440, 441, ‘‘specific award conditions under 45
Administrative practice and 456, 457, and 1001, and 45 CFR parts CFR 75.207, or suspension of funding or
procedure, Education of disadvantaged, 16, 63, 75, 87, 95, 98, 261, 262, 263, 265, other enforcement action under 45 CFR
Grant programs-social programs. 286, 287, 301, 302, 303, 304, 309, 400, 75.371,’’.
45 CFR Part 1304 1000, 1301, 1304, 1309, 1321, 1326,
§ 50.607 [Amended]
1328, 1336, 1355, and 1357 by making
Dental health, Education of the following correcting amendments: ■ 8. Amend § 50.607, by removing ‘‘45
disadvantaged, Grant programs-social CFR part 74—Uniform administrative
programs, Health care, mental health Title 42—Public Health
requirements for awards and subawards
programs, Nutrition, Reporting and to institutions of higher education,
PART 38—DISASTER ASSISTANCE
recordkeeping requirements. hospitals, other nonprofit organizations,
FOR CRISIS COUNSELING AND
45 CFR Part 1309 TRAINING and commercial organizations’’ and
adding in alphanumeric order ‘‘45 CFR
Grant programs-social programs, Rates part 75—Uniform Administrative
■ 1. The authority citation for part 38
and Fares. Requirements, Cost Principles, and
continues to read as follows:
45 CFR Parts 1321 Audit Requirements for HHS Awards’’
Authority: Sec. 413, Pub. L. 93–288. The and removing ‘‘45 CFR part 92—
Administrative practice and Disaster Relief Act of 1974, 88 Stat. 157, 42
Uniform administrative requirements
procedure, Aged, Grant programs- U.S.C. 5183, E.O. 11795, 39 FR 25939, as
amended by E.O. 11910, 41 FR 15681. for grants and cooperative agreements to
Indians, Grant programs-social State, local, and tribal governments’’.
programs, Indians, Legal services, § 38.5 [Amended]
Nutrition, Reporting and recordkeeping PART 51—REQUIREMENTS
requirements. ■ 2. Amend § 38.5: APPLICABLE TO THE PROTECTION
■ a. In paragraph (d) by removing ‘‘45 AND ADVOCACY FOR INDIVIDUALS
45 CFR Part 1326 CFR part 74—Administration of grants’’ WITH MENTAL ILLNESS PROGRAM
Administrative practice and and ‘‘45 CFR part 75—Informal grant
procedure, Aged, Grant programs- appeals procedures’’; ■ 9. The authority citation for part 51
Indians, Grant programs-social ■ b. In paragraph (d) by adding in continues to read as follows:
programs, Indians, Nutrition, Reporting alphanumeric order ‘‘45 CFR part 75— Authority: 42 U.S.C. 10801, et seq.
and recordkeeping requirements. Uniform Administrative Requirements,
Cost Principles, and Audit § 51.4 [Amended]
45 CFR Part 1328
Requirements for HHS Awards’’; and ■ 10. Amend § 51.4:
Administrative practice and ■ c. In paragraph (e) by removing ■ a. By removing ‘‘45 CFR part 74—
procedure, Aged, Grant programs-social ‘‘subpart Q of 45 CFR part 74’’ and Administration of Grants.’’ and ‘‘45 CFR
programs, Hawaiian, Natives, Nutrition, adding in its place ‘‘45 CFR part 75, part 75—Informal Grants Appeals
Reporting and recordkeeping subpart E’’. Procedures’’;
requirements.
■ b. By adding in alphanumeric order
45 CFR Part 1336 PART 50—POLICIES OF GENERAL
APPLICABILITY ‘‘45 CFR part 75—Uniform
Administrative practice and Administrative Requirements, Cost
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procedure, American Samoa, Grant ■ 3. The authority citation for part 50 Principles, and Audit Requirements for
programs-Indians, Grant programs- continues to read as follows: HHS Awards.’’; and
social programs, Guam, Hawaiian Authority: Sec. 215, Public Health Service ■ c. By removing ‘‘45 CFR part 92—
Natives, Indians, Northern Mariana Act, 58 Stat. 690 (42 U.S.C. 216); Sec. 1006, Uniform administrative requirements
Islands, Reporting and recordkeeping Public Health Service Act, 84 Stat. 1507 (42 for grants and cooperative agreements to
requirements. U.S.C. 300a–4), unless otherwise noted. State and Local Governments.’’
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§ 51.10 [Amended] 74’’ and adding in its place ‘‘45 CFR § 52.8 [Amended]
■ 11. Amend § 51.10 by removing ‘‘45 part 75, subpart E’’ and in paragraph ■ 28. Amend § 52.8:
CFR part 74’’ and adding in its place (b)(7), by removing ‘‘45 CFR part 74;’’ ■ a. By removing ‘‘45 CFR part 74—
‘‘45 CFR part 75’’. and adding in its place ‘‘45 CFR part Administration of grants.’’ and ‘‘45 CFR
75;’’. part 75—Informal grants appeals
PART 51a—PROJECT GRANTS FOR procedures’’;
MATERNAL AND CHILD HEALTH § 51c.112 [Amended]
■ b. By adding in alphanumeric order
■ 19. Amend § 51c.112(c)(2)(iii) by
■ 12. The authority citation for part 51a removing ‘‘subparts F, M, and O of 45 ‘‘45 CFR part 75—Uniform
continues to read as follows: CFR part 74’’ and adding in its place Administrative Requirements, Cost
Authority: Sec. 1102 of the Social Security ‘‘45 CFR 75.307, 75.371 through 75.385, Principles, and Audit Requirements for
Act, 49 Stat. 647 (42 U.S.C. 1302); sec. 502(a), and 75.316–75.325’’. HHS Awards’’; and
502(b)(1)(A), and 506(a)(3) of the Social ■ 20. Revise § 51c.113 to read as ■ c. By removing ‘‘45 CFR part 92—
Security Act, 95 Stat. 819–20 (42 U.S.C. follows: Uniform administrative requirements
702(a), 702(b)(1)(A) and 706(a)(3)). for grants and cooperative agreements to
§ 51c.113 Applicability of 45 CFR part 75. state and local governments’’.
§ 51a.7 [Amended] The provisions of 45 CFR part 75,
■ 13. Amend § 51a.7, in paragraph (b): establishing uniform administrative PART 52a—NATIONAL INSTITUTES OF
■ a. By removing ‘‘45 CFR part 74— requirements and cost principles, shall HEALTH CENTER GRANTS
Administration of grants to nonprofit apply to all grants under this part.
organizations.’’ and ‘‘45 CFR part 75— ■ 29. The authority citation for part 52a
Informal Grants Appeals Procedures’’; § 51c.502 [Amended] continues to read as follows:
■ b. By adding in alphanumeric order ■ 21. Amend § 51c.502(a) by removing Authority: 42 U.S.C. 216, 284g, 285a–
‘‘45 CFR part 75—Uniform ‘‘45 CFR 74.132’’ and adding in its place 6(c)(1)(E), 285a–7(c)(1)(G), 285b–4, 285c–5,
Administrative Requirements, Cost ‘‘45 CFR 75.2’’. 285c–8, 285d–6, 285e–2, 285e–3, 285e–10a,
Principles, and Audit Requirements for 285f–1, 285g–5, 285g–7, 285g–9, 285m–3,
HHS Awards.’’; and PART 51d—MENTAL HEALTH AND 285o–2, 286a–7(c)(1)(G), 287c–32(c), 300cc-
■ c. By removing ‘‘45 CFR part 92— SUBSTANCE ABUSE EMERGENCY 16.
Uniform administrative requirements RESPONSE PROCEDURES
§ 52a.4 [Amended]
for grants and cooperative agreements to ■ 22. The authority citation for part 51d ■ 30. Amend § 52a.4(i) by removing ‘‘45
State and Local Governments.’’ continues to read as follows: CFR 74.40 through 74.47 and 45 CFR
PART 51b—PROJECT GRANTS FOR Authority: 42 U.S.C. 290aa(m). 92.25’’ and adding in its place ‘‘45 CFR
PREVENTIVE HEALTH SERVICES 75.307’’.
§ 51d.8 [Amended]
■ 14. The authority citation for part 51b ■ 23. Amend § 51d.8: § 52a.7 [Amended]
continues to read as follows: ■ a. By removing ‘‘45 CFR part 74— ■31. Amend § 52a.7 by removing ‘‘45
Authority: Secs. 317 and 318, Public
Administration of grants’’ and ‘‘45 CFR CFR 74.27.’’ and adding in its place ‘‘45
Health Service Act, 92 Stat. 3574 and 3582 part 75—Informal grants appeals CFR part 75, subpart E.’’.
(42 U.S.C. 247b, 247c); sec. 1743 Pub. L. 97– procedures’’;
35, 95 Stat. 763 (31 U.S.C. 1243 note). ■ b. By adding in alphanumeric order § 52a.8 [Amended]
‘‘45 CFR part 75—Uniform ■ 32. Amend § 52a.8:
§ 51b.105 [Amended] Administrative Requirements, Cost ■ a. By removing ‘‘45 CFR part 74—
■ 15. Amend § 51b.105, by removing Principles, and Audit Requirements for Uniform administrative requirements
‘‘45 CFR part 74—Administration of HHS Awards’’; and for awards and subawards to
grants’’ and ‘‘45 CFR part 75—Informal ■ c. By removing ‘‘45 CFR part 92— institutions of higher education,
grant appeals procedures’’ and adding Uniform administrative requirements hospitals, other nonprofit organizations,
in alphanumeric order ‘‘45 CFR part for grants and cooperative agreements to and commercial organizations; and
75—Uniform Administrative state and local governments’’. certain grants and agreements with
Requirements, Cost Principles, and states, local governments and Indian
§ 51d.10 [Amended]
Audit Requirements for HHS Awards’’. tribal governments’’ and ‘‘45 CFR part
■ 24. Amend § 51d.10(a)(2) and (b)(2) by
75—Informal grant appeals procedures’’;
§ 51b.106 [Amended] removing ‘‘45 CFR 92.41(b),’’ and
■ b. By adding in alphanumeric order
■ 16. Amend § 51b.106(d), by removing adding in its place ‘‘45 CFR 75.341,’’.
■ 25. Amend § 51d.10(a)(3) and (b)(1), ‘‘45 CFR part 75—Uniform
‘‘subpart Q of 45 CFR part 74’’ and
(b)(3), and (b)(4) by removing ‘‘45 CFR Administrative Requirements, Cost
adding in its place ‘‘45 CFR part 75,
92.50(b)’’ and adding in its place ‘‘CFR Principles, and Audit Requirements for
subpart E’’.
75.342’’. HHS Awards’’; and
PART 51c—GRANTS FOR ■ c. By removing ‘‘45 CFR part 92—
COMMUNITY HEALTH SERVICES PART 52—GRANTS FOR RESEARCH Uniform administrative requirements
PROJECTS for grants and cooperative agreements to
■ 17. The authority citation for part 51c State and local governments’’.
continues to read as follows: ■ 26. The authority citation for part 52
continues to read as follows: PART 52b—NATIONAL INSTITUTES OF
Authority: Sec. 330, Public Health Service
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Act, 89 Stat. 342, (42 U.S.C. 254c); sec. 215, Authority: 42 U.S.C. 216. HEALTH CONSTRUCTION GRANTS
Public Health Service Act, 58 Stat. 690, (42
U.S.C. 216). § 52.6 [Amended] ■ 33. The authority citation for part 52b
■ 27. Amend § 52.6(a), in the last continues to read as follows:
§ 51c.107 [Amended] sentence, by removing ‘‘subpart Q of 45 Authority: 42 U.S.C. 216, 285a–2, 285a–
■ 18. Amend § 51c.107, in paragraph (a), CFR part 74’’ and adding in its place 3, 285b–3, 285b–4, 285d–6, 285i, 285m–3,
by removing ‘‘subpart Q of 45 CFR part ‘‘45 CFR part 75, subpart E’’. 285o–4, 287a–2, 287a–3, 300cc–41.
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§ 52b.7 [Amended] § 52d.8 [Amended] Circular A–102, Uniform Requirements
■ 34. Amend § 52b.7(c), in the last ■ 41. Amend § 52d.8 by removing ‘‘45 for Assistance to State and Local
sentence, by removing ‘‘45 CFR part 74’’ CFR part 74—Administration of grants’’ Governments, as adopted for the
and adding in its place ‘‘45 CFR part and ‘‘45 CFR part 75—Informal grant Department of Health and Human
75’’. appeals procedures’’ and adding in its Services by 45 CFR part 74’’ and adding
place ‘‘45 CFR part 75—Uniform in its place ‘‘subpart F of 45 CFR part
§ 52b.14 [Amended]
Administrative Requirements, Cost 75’’.
■ 35. Amend § 52b.14(b): Principles, and Audit Requirements for
■ a. By removing ‘‘45 CFR part 74— PART 56—GRANTS FOR MIGRANT
HHS Awards’’.
Uniform administrative requirements HEALTH SERVICES
for awards and subawards to PART 52e—NATIONAL HEART, LUNG,
institutions of higher education, ■ 49. The authority citation for part 56
AND BLOOD INSTITUTE GRANTS FOR continues to read as follows:
hospitals, other nonprofit organizations, PREVENTION AND CONTROL
and commercial organizations; and PROJECTS Authority: Secs. 215, 319, Public Health
certain grants and agreements with Service Act (42 U.S.C. 216, 247d).
states, local governments and Indian ■ 42. The authority citation for part 52e
continues to read as follows: § 56.108 [Amended]
tribal governments.’’;
■ b. By adding in alphanumeric order ■ 50. Amend § 56.108 in paragraph (a)
Authority: 42 U.S.C. 216, 285b–1.
‘‘45 CFR part 75—Uniform by removing ‘‘subpart Q of 45 CFR part
Administrative Requirements, Cost § 52e.6 [Amended] 74’’ and adding in its place ‘‘45 CFR
Principles, and Audit Requirements for ■ 43. Amend § 52e.6(e) by removing part 75, subpart E’’ and in paragraph
HHS Awards.’’; and ‘‘subpart Q of 45 CFR part 74’’ and (b)(7) by removing ‘‘45 CFR part 74’’ and
■ c. By removing ‘‘45 CFR part 92— adding in its place ‘‘45 CFR part 75, adding in its place ‘‘45 CFR part 75’’.
Uniform administrative requirements subpart E’’. § 56.113 [Amended]
for grants and cooperative agreements to
State and local governments.’’. § 52e.7 [Amended] ■ 51. In § 56.113(c)(2)(iii), remove
■ 44. Amend § 52e.7(a) by removing ‘‘subparts F, M, and O of 45 CFR part
PART 52c—MINORITY BIOMEDICAL ‘‘subpart Q of 45 CFR part 74’’ and 74’’ and add in its place ‘‘45 CFR
RESEARCH SUPPORT PROGRAM adding in its place ‘‘45 CFR part 75, 75.307, 75.371 through 75.385, and
subpart E’’. 75.316 through 75.325’’.
■ 36. The authority citation for part 52c ■ 52. Revise § 56.114 to read as follows:
continues to read as follows: § 52e.8 [Amended]
§ 56.114 Applicability of 45 CFR part 75.
Authority: 42 U.S.C. 216, 241(a)(3). ■ 45. Amend § 52e.8:
The provisions of 45 CFR part 75,
■ a. By removing ‘‘45 CFR part 74—
§ 52c.6 [Amended] establishing uniform administrative
Administration of grants’’ and ‘‘45 CFR
■ 37. Amend § 52c.6(a) by removing requirements and cost principles, shall
part 75—Informal grants appeals
‘‘subpart Q of 45 CFR part 74’’ and apply to all grants under this part.
procedures’’;
adding in its place ‘‘45 CFR part 75, ■ b. By adding in alphanumeric order
subpart E’’. PART 57—GRANTS FOR
‘‘45 CFR part 75—Uniform CONSTRUCTION OF TEACHING
§ 52c.7 [Amended] Administrative Requirements, Cost FACILITIES, EDUCATIONAL
■ 38. Amend § 52c.7: Principles, and Audit Requirements for IMPROVEMENTS, SCHOLARSHIPS
■ a. By removing ‘‘45 CFR part 74— HHS Awards’’; and AND STUDENT LOANS
Administration of grants’’ and ‘‘45 CFR ■ c. By removing ‘‘45 CFR part 92—
part 75—Informal grants appeals Uniform administrative requirements ■ 53. The authority citation for part 57
procedures’’; for grants and cooperative agreements to continues to read as follows:
■ b. By adding in alphanumeric order state and local governments’’. Authority: Sec. 215 of the Public Health
‘‘45 CFR part 75—Uniform Service Act, 58 Stat. 690, as amended, 63
Administrative Requirements, Cost PART 55a—PROGRAM GRANTS FOR Stat. 35 (42 U.S.C. 216); secs. 740–747 of the
Principles, and Audit Requirements for BLACK LUNG CLINICS Public Health Service Act, 77 Stat. 170–173,
HHS Awards’’; and as amended by 90 Stat. 2266–2268, 91 Stat.
■ 46. The authority citation for part 55a 390–391, 95 Stat. 920, 99 Stat. 532–536, and
■ c. By removing ‘‘45 CFR part 92— continues to read as follows: 102 Stat. 3125 (42 U.S.C. 294m–q);
Uniform administrative requirements renumbered as secs. 721–735, as amended by
for grants and cooperative agreements to Authority: Sec. 427(a), Federal Mine
Safety and Health Act of 1977, 92 Stat. 100 Pub. L. 102–408, 106 Stat. 2011–2022 (42
state and local governments.’’. U.S.C. 292q–292y).
(30 U.S.C. 937(a)).
PART 52d—NATIONAL CANCER § 55a.107 [Amended] § 57.215 [Amended]
INSTITUTE CLINICAL CANCER ■ 54. Amend § 57.215(a)(3) by removing
■ 47. Amend § 55a.107 by removing ‘‘45
EDUCATION PROGRAM ‘‘45 CFR part 74’’ and adding in its
CFR part 74—Administration of grants;’’
■ 39. The authority citation for part 52d and ‘‘45 CFR part 75—Informal grant place ‘‘45 CFR part 75’’.
continues to read as follows: appeals procedures;’’ and adding in § 57.315 [Amended]
Authority: Sec. 215, 58 Stat. 690, as alphanumeric order ‘‘45 CFR part 75—
■ 55. Amend § 57.315(b)(2) by removing
amended, 63 Stat. 835 (42 U.S.C. 216); sec. Uniform Administrative Requirements,
‘‘45 CFR part 74’’ and adding in its
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404(a)(4), 92 Stat. 3426 (42 U.S.C. 285). Cost Principles, and Audit
place ‘‘45 CFR part 75’’.
Requirements for HHS Awards;’’.
§ 52d.7 [Amended]
§ 55a.201 [Amended] PART 59—GRANTS FOR FAMILY
■ 40. Amend § 52d.7 by removing
PLANNING SERVICES
‘‘subpart Q of 45 CFR part 74’’ and ■ 48. Amend § 55a.201(g) by removing
adding in its place ‘‘45 CFR part 75, ‘‘Attachment P, Audit Requirements, of ■ 56. The authority citation for part 59
subpart E’’. Office of Management and Budget continues to read as follows:
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Authority: 42 U.S.C. 300a–4. ■ a. By removing ‘‘45 CFR part 74— Authority: 42 U.S.C. 216, 2421(b)(3),
Administration of grants’’ and ‘‘45 CFR 284(b)(1)(C), 285g–10, 287c(b), 300cc–
§ 59.9 [Amended] 15(a)(1), 300cc–41(a)(3)(C), 7403(h)(2).
part 75—Informal grants appeals
■ 57. Amend § 59.9 by removing ‘‘45 procedures’’; § 63a.10 [Amended]
CFR part 74 or Part 92, as applicable’’ ■ b. By adding in alphanumeric order
and adding in its place ‘‘45 CFR part 75, ‘‘45 CFR part 75—Uniform ■ 71. Amend § 63a.10(a) by removing
subpart E’’. Administrative Requirements, Cost ‘‘45 CFR 74.27’’ and adding in its place
Principles, and Audit Requirements for ‘‘45 CFR part 75, subpart E’’.
§ 59.10 [Amended]
HHS Awards’’; and § 63a.11 [Amended]
■ 58. Amend § 59.10: ■ c. By removing ‘‘45 CFR part 92—
■ a. By removing ‘‘45 CFR part 74— ■ 72. Amend § 63a.11:
Uniform administrative requirements
Uniform administrative requirements ■ a. By removing ‘‘45 CFR part 74—
for grants and cooperative agreements to
for awards and subawards to Administration of grants’’ and ‘‘45 CFR
state and local governments’’.
institutions of higher education, part 75—Informal grant appeals
hospitals, other nonprofit organizations, § 59a.16 [Amended] procedures’’;
and commercial organizations; and ■ 66. Amend § 59a.16(a) by removing ■ b. By adding in alphanumeric order
certain grants and agreements with ‘‘subpart Q of 45 CFR part 74’’ and ‘‘45 CFR part 75—Uniform
states, local governments and Indian adding in its place ‘‘45 CFR part 75, administrative requirements, cost
tribal governments’’; subpart E’’. principles, and audit requirements for
■ b. By adding in alphanumeric order HHS awards’’; and
‘‘45 CFR part 75—Uniform § 59a.17 [Amended] ■ c. By removing ‘‘45 CFR part 92—
Administrative Requirements, Cost ■ 67. Amend § 59a.17: Administrative Requirements for grants
Principles, and Audit Requirements for ■ a. By removing ‘‘45 CFR part 74— and cooperative agreements to State and
HHS Awards’’; and Administration of grants’’ and ‘‘45 CFR local governments’’.
■ c. By removing ‘‘45 CFR part 92—
part 75—Informal grants appeals
Uniform administrative requirements procedures.’’; PART 64—NATIONAL LIBRARY OF
■ b. By adding in alphanumeric order MEDICINE TRAINING GRANTS
for grants and cooperative agreements to
state and local governments’’. ‘‘45 CFR part 75—Uniform
Administrative Requirements, Cost ■ 73. The authority citation for part 64
§ 59.206 [Amended] Principles, and Audit Requirements for continues to read as follows:
■ 59. Amend § 59.206(c) by removing HHS Awards’’; and Authority: 42 U.S.C. 216, 286b–3.
‘‘subpart Q of 35 CFR part 74’’ and ■ c. By removing ‘‘45 CFR part 92—
Uniform administrative requirements § 64.8 [Amended]
adding in its place ‘‘45 CFR part 75,
for grants and cooperative agreements to ■ 74. Amend § 64.8 by removing
subpart E’’.
state and local governments’’. ‘‘subpart Q of 45 CFR part 74’’ and
§ 59.208 [Amended] adding in its place ‘‘45 CFR part 75,
■ 60. Amend § 59.208(a) by removing PART 62—NATIONAL HEALTH subpart E’’.
‘‘subpart Q of 45 CFR part 74’’ and SERVICE CORPS SCHOLARSHIP AND
LOAN REPAYMENT PROGRAMS § 64.9 [Amended]
adding in its place ‘‘45 CFR part 75,
■ 75. Amend § 64.9:
subpart E’’. ■ 68. The authority citation for part 62 ■ a. By removing ‘‘45 CFR part 74—
§ 59.212 [Amended]
continues to read as follows: Administration of grants.’’ and ‘‘45 CFR
■ 61. Amend § 59.212(d)(2)(iii) by Authority: Sec. 215 of the Public Health part 75—Informal grant appeals
Service Act, 58 Stat. 690, as amended, 63 procedures.’’;
removing ‘‘subparts F, M, and O of 45
Stat. 35 (42 U.S.C. 216); sec. 751 of the Public ■ b. By adding in alphanumeric order
CFR part 74.’’ and adding in its place Health Service Act, 90 Stat. 2281 (42 U.S.C.
‘‘45 CFR 75.307, 75.371 through 75.385, ‘‘45 CFR part 75—Uniform
294t), unless otherwise noted.
and 75.316–75.325.’’. Administrative Requirements, Cost
■ 62. Revise § 59.215 to read as follows: § 62.58 [Amended] Principles, and Audit Requirements for
■ 69. Amend § 62.58: HHS Awards.’’; and
§ 59.215 Applicability of 45 CFR part 75. ■ a. By removing ‘‘45 CFR part 74— ■ c. By removing ‘‘45 CFR part 92—
The provisions of 45 CFR part 75, Administration of grants’’, ‘‘45 CFR part Administrative Requirements for grants
establishing uniform administrative 75—Informal grant appeals procedures’’ and cooperative agreements to State and
requirements and cost principles, shall and ‘‘45 CFR part 92—Administrative local governments.’’.
apply to all grants under this part. Requirements for grants and cooperative
agreements to State and local PART 65—NATIONAL INSTITUTE OF
PART 59a—NATIONAL LIBRARY OF governments (effective October 1, ENVIRONMENTAL HEALTH SCIENCES
MEDICINE GRANTS 1988)’’; HAZARDOUS WASTE WORKER
■ b. By adding in alphanumeric order
TRAINING
■ 63. The authority citation for part 59a
continues to read as follows: ‘‘45 CFR part 75—Uniform ■ 76. The authority citation for part 65
Administrative Requirements, Cost continues to read as follows:
Authority: 42 U.S.C. 286b–2, 286b–5. Principles, and Audit Requirements for
Authority: 42 U.S.C. 9660a; 49 U.S.C.
§ 59a.6 [Amended] HHS Awards’’; and
App. 1816.
■ c. By arranging existing entries in
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■ 64. Amend § 59a.6 by removing
alphanumeric order. § 65.8 [Amended]
‘‘subpart Q of 45 CFR part 74’’ and
adding in its place ‘‘45 CFR part 75, ■ 77. Amend § 65.8:
PART 63a—NATIONAL INSTITUTES OF
subpart E’’. ■ a. By removing ‘‘45 CFR part 74—
HEALTH TRAINING GRANTS
Administration of grants’’ and ‘‘45 CFR
§ 59a.7 [Amended] ■ 70. The authority citation for part 63a part 75—Informal grant appeals
■ 65. Amend § 59a.7: continues to read as follows: procedures’’;
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■ b. By adding in alphanumeric order ■ b. By adding in alphanumeric order requirements and cost principles, shall
‘‘45 CFR part 75—Uniform ‘‘45 CFR part 75—Uniform apply to all grants under this part.’’.
Administrative Requirements, Cost Administrative Requirements, Cost
Principles, and Audit Requirements for Principles, and Audit Requirements for PART 136—INDIAN HEALTH
HHS Awards’’; and HHS Awards’’.
■ c. By removing ‘‘45 CFR part 92— ■ 92. The authority citation for part 136
Administrative Requirements for Grants PART 67—AGENCY FOR HEALTH continues to read as follows:
and Cooperative Agreements to State CARE POLICY AND RESEARCH Authority: 25 U.S.C. 13; sec. 3, 68 Stat.
and local Governments’’. GRANTS AND CONTRACTS 674 (42 U.S.C., 2001, 2003); Sec. 1, 42 Stat.
208 (25 U.S.C. 13); 42 U.S.C. 2001, unless
PART 65a—NATIONAL INSTITUTE OF ■ 84. The authority citation for part 67 otherwise noted.
ENVIRONMENTAL HEALTH SCIENCES continues to read as follows:
§ 136.56 [Amended]
HAZARDOUS SUBSTANCES BASIC Authority: Pub. L. 103–43, 107 Stat. 214–
RESEARCH AND TRAINING GRANTS 215, Pub. L. 102–410, 106 Stat. 2094–2101 ■ 93. Amend § 136.56 by removing ‘‘45
and sec. 6103, Pub. L. 101–239, 103 Stat. CFR part 74, subpart C’’ and adding in
■ 78. The authority citation for part 65a 2189–2208, Title IX of the Public Health its place ‘‘45 CFR 75.361’’.
continues to read as follows: Service Act (42 U.S.C. 299–299c-6); and sec.
Authority: 42 U.S.C. 216, 9660(a). 1142, Social Security Act (42 U.S.C. 1320b- § 136.104 [Amended]
12).
■ 94. Amend § 136.104(a) by removing
§ 65a.9 [Amended]
§ 67.11 [Amended] ‘‘45 CFR part 74, subpart N’’ and adding
■79. Amend § 65a.9(a) by removing ‘‘45 in its place ‘‘45 CFR 75.206’’.
CFR 74.25’’ and adding in its place ‘‘45 ■ 85. Amend § 67.11 in the definition of
CFR 75.308’’. ‘‘Grant,’’ by removing ‘‘45 CFR parts 74 § 136.105 [Amended]
and 92’’ and adding in its place ‘‘45 CFR
§ 65a.10 [Amended] part 75’’. ■ 95. Amend § 136.105(e) Note by
■80. Amend § 65a.10 by removing ‘‘45 removing ‘‘45 CFR 74.15’’ and adding in
CFR 74.27’’ and adding in its place ‘‘45 § 67.18 [Amended] its place ‘‘45 CFR 75.304’’.
CFR part 75, subpart E’’. ■ 86. Amend § 67.18 by removing ‘‘45 § 136.107 [Amended]
CFR part 74, or part 92 for State and
§ 65a.11 [Amended] local government grantees’’ and adding ■ 96. Amend § 136.107 in paragraph (a)
■ 81. Amend § 65a.11: in its place ‘‘45 CFR part 75’’. by removing ‘‘subpart Q of 45 CFR part
■ a. By removing ‘‘45 CFR part 74— 74’’ and adding in its place ‘‘45 CFR
Uniform administrative requirements § 67.19 [Amended] part 75, subpart E’’ and in paragraph (b)
for awards and subawards to ■ 87. Amend § 67.19: Note by removing ‘‘45 CFR 74.53’’ and
institutions of higher education, ■ a. By removing ‘‘45 CFR part 74— adding in its place ‘‘45 CFR 75.306’’.
hospitals, other nonprofit organizations, Administration of grants’’;
and commercial organizations; and ■ b. By adding in alphanumeric order
§ 136.110 [Amended]
certain grants and agreements with ‘‘45 CFR part 75—Uniform ■ 97. Amend § 136.110(b)(3) by
states, local governments and Indian Administrative Requirements, Cost removing ‘‘subpart P of 45 CFR part 74’’
tribal governments’’ and ‘‘45 CFR part Principles, and Audit Requirements for and adding in its place ‘‘45 CFR 75.326
75—Informal grant appeals procedures’’; HHS Awards’’; and through 75.340’’.
■ b. By adding in alphanumeric order ■ c. By removing ‘‘45 CFR part 92—
‘‘45 CFR part 75—Uniform Uniform administrative requirements § 136.111 [Amended]
Administrative Requirements, Cost for grants and cooperative agreements ■ 98. Amend § 136.111 in the Note by
Principles, and Audit Requirements for with State and local governments’’. removing ‘‘45 CFR 74.47(a)’’ and adding
HHS Awards’’; and in its place ‘‘45 CFR 75.305(b)(9)’’.
■ c. By removing ‘‘45 CFR part 92— PART 124—MEDICAL FACILITY
Uniform administrative requirements CONSTRUCTION AND § 136.114 [Amended]
for grants and cooperative agreements to MODERNIZATION ■ 99. Amend § 136.114 by removing ‘‘45
state and local governments’’. CFR part 74—Administration of grants’’
■ 88. The authority citation for part 124
and ‘‘45 CFR part 75—Informal grant
PART 66—NATIONAL RESEARCH continues to read as follows:
appeals procedures’’ and adding in
SERVICE AWARDS Authority: Secs. 215, 1602, 1625, Public alphanumeric order ‘‘45 CFR 75—
Health Service Act (42 U.S.C. 216, 300o–1, Uniform Administrative Requirements,
■ 82. The authority citation for part 66
300r), unless otherwise noted.
continues to read as follows: Cost Principles, and Audit
Authority: 42 U.S.C. 216, 288. § 124.6 [Amended] Requirements for HHS Awards’’.
■ 89. Amend § 124.6 by removing § 136.115 [Amended]
§ 66.207 [Amended]
‘‘subpart K of 45 CFR part 74.’’ and
■ 83. Amend § 66.207: adding in its place ‘‘45 CFR 75.305’’. ■ 100. Amend § 136.115 in the Note by
■ a. By removing ‘‘45 CFR part 74— removing ‘‘45 CFR part 74, subpart M’’
Uniform administrative requirements § 124.7 [Amended] and adding in its place ‘‘45 CFR 75.371
for awards and subawards to ■ 90. Amend § 124.7 by removing through 75.385’’.
institutions of higher education, ‘‘subpart Q of 45 CFR part 74.’’ and
hospitals, other nonprofit organizations, § 136.116 [Amended]
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adding in its place ‘‘45 CFR part 75,
and commercial organizations; and subpart E.’’. ■ 101. Amend § 136.116 by removing
certain grants and agreements with ■ 91. Revise § 124.11 to read as follows: ‘‘subpart J of 45 CFR part 74’’ and
states, local governments and Indian adding in its place ‘‘45 CFR 75.341
tribal governments’’ and ‘‘45 CFR part § 124.11 Applicability of 45 CFR part 75. through 75.360’’ and in the Note by
75—Informal grant appeals procedures’’; The provisions of 45 CFR part 75, removing ‘‘45 CFR part 74’’ and adding
and establishing uniform administrative in its place ‘‘45 CFR part 75’’.
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![Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 3011
§ 136.120 [Amended] 74.132’’ and adding in its place ‘‘45 CFR PART 435—ELIGIBILITY IN THE
■ 102. Amend § 136.120 in the Note by 75.2’’. STATES, DISTRICT OF COLUMBIA,
removing ‘‘45 CFR part 74’’ and adding THE NORTHERN MARIANA ISLANDS,
in its place ‘‘45 CFR part 75’’. PART 430—GRANTS TO STATES FOR AND AMERICAN SAMOA
MEDICAL ASSISTANCE PROGRAMS
§ 136.302 [Amended] ■ 120. The authority citation for part
103. Amend § 136.302(r) by removing ■ 111. The authority citation for part
■ 434 continues to read as follows:
‘‘45 CFR 74.3’’ and adding in its place 430 continues to read as follows:
Authority: Sec. 1102 of the Social Security
‘‘45 CFR 75.2’’. Authority: Sec. 1102 of the Social Security Act (42 U.S.C. 1302).
Act (42 U.S.C. 1302).
§ 136.312 [Amended] § 435.407 [Amended]
■ 104. Amend § 136.312(a) by removing § 430.2 [Amended]
■ 121. Amend § 435.407(j) by removing
‘‘45 CFR part 74, subpart N’’ and adding ■ 112. Amend § 430.2(b) by removing ‘‘45 CFR 74.53’’ and adding in its place
in its place ‘‘45 CFR 75.206’’. ‘‘Part 74—Administration of Grants.’’ ‘‘45 CFR 75.361’’.
and adding in alphanumeric order ‘‘Part
§ 136.314 [Amended]
75—Uniform Administrative PART 436—ELIGIBILITY IN GUAM,
■ 105. Amend § 136.314 by removing Requirements, Cost Principles, and PUERTO RICO, AND THE VIRGIN
‘‘subpart Q of 45 CFR part 74’’ and Audit Requirements for HHS Awards.’’. ISLANDS
adding in its place ‘‘45 CFR part 75, ■ 113. Revise § 430.30(e) to read as
subpart E’’. follows: ■ 122. The authority citation for part
§ 136.316 [Amended] 436 continues to read as follows:
§ 430.30 [Amended]
■ 106. Amend § 136.316 by removing Authority: Sec. 1102 of the Social Security
* * * * * Act (42 U.S.C. 1302).
‘‘45 CFR part 74, Administration of (e) General administrative
grants’’ and ‘‘45 CFR part 75, Informal requirements. With the following § 436.407 [Amended]
grant appeals procedures’’ and adding exceptions, the provisions of 45 CFR 75,
in alphanumeric order ‘‘45 CFR part ■ 123. Amend § 436.407(j) by removing
which establish uniform administrative ‘‘45 CFR 74.53’’ and adding in its place
75—Uniform Administrative requirements and cost principles, apply
Requirements, Cost Principles, and ‘‘45 CFR 75.361’’.
to all grants made to States under this
Audit Requirements for HHS Awards’’. subpart: PART 438—MANAGED CARE
PART 403—SPECIAL PROGRAMS AND (1) Cost sharing or matching, 45 CFR
PROJECTS 75.306; and ■ 124. The authority citation for part
(2) Financial reporting, 45 CFR 438 continues to read as follows:
■ 107. The authority citation for part 75.341. Authority: Sec. 1102 of the Social Security
403 continues to read as follows: Act (42 U.S.C. 1302).
Authority: 42 U.S.C. 1395b–3 and Secs. PART 433—STATE FISCAL
1102 and 1871 of the Social Security Act (42 ADMINISTRATION § 438.356 [Amended]
U.S.C. 1302 and 1395hh). ■ 125. Amend § 438.356(e) by removing
■ 114. The authority citation for part
§ 403.512 [Amended] 433 continues to read as follows: ‘‘45 CFR part 74’’ and adding in its
place ‘‘45 CFR part 75’’.
■ 108. Amend § 403.512(a): Authority: Sec. 1102 of the Social Security
■ a. By removing from the first sentence Act, (42 U.S.C. 1302). PART 440—SERVICES: GENERAL
‘‘45 CFR part 92 (‘‘Uniform § 433.112 [Amended]
PROVISIONS
Administrative Requirements for Grants
and Cooperative Agreements to State ■ 115. Amend § 433.112(b)(7) by ■ 126. The authority citation for part
and Local Governments’’), 45 CFR 74.4’’ removing ‘‘45 CFR 74.27(a)’’ and adding 440 continues to read as follows:
and adding in its place ‘‘45 CFR part in its place 45 CFR part 75, subpart E’’.
Authority: Sec. 1102 of the Social Security
75’’; and § 433.322 [Amended] Act (42 U.S.C. 1302).
■ b. By removing from the second
sentence ‘‘45 CFR 74.4 or in part 92’’ ■ 116. Amend § 433.322 by removing § 440.170 [Amended]
and adding in its place ‘‘45 CFR part ‘‘45 CFR 92.42’’ and adding in its place
45 CFR 75.361 through 75.370’’. ■ 127. Amend § 440.170(a)(4)(i)(A) by
75’’. removing ‘‘45 CFR 92.36(b) through (i)’’
PART 434—CONTRACTS and adding in its place ‘‘45 CFR 75.326
PART 417—HEALTH MAINTENANCE through 75.340’’.
ORGANIZATIONS, COMPETITIVE ■ 117. The authority citation for part
MEDICAL PLANS, AND HEALTH CARE 434 continues to read as follows: PART 441—SERVICES:
PREPAYMENT PLANS REQUIREMENTS AND LIMITS
Authority: Sec. 1102 of the Social Security
Act (42 U.S.C. 1302). APPLICABLE TO SPECIFIC SERVICES
■ 109. The authority citation for part
417 continues to read as follows: ■ 128. The authority citation for part
§ 434.6 [Amended]
Authority: Secs. 1102 and 1871 of the 441 continues to read as follows:
Social Security Act (42 U.S.C. 1302 and ■ 118. Amend § 434.6(a)(1) by removing
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1395hh), secs. 1301, 1306, and 1310 of the ‘‘45 CFR part 74’’ and adding in its Authority: Secs. 1102, 1902, and 1928 of
Public Health Service Act (42 U.S.C. 300e, place ‘‘45 CFR part 75’’. the Social Security Act (42 U.S.C. 1302).
300e–5, and 300e–9), and 31 U.S.C. 9701. § 441.208 [Amended]
§ 434.70 [Amended]
§ 417.911 [Amended] ■ 119. Amend § 434.70(a)(2) by ■ 129. Amend § 441.208 by removing
■ 110. Amend § 417.911 Small Capital removing ‘‘45 CFR part 74’’ and adding ‘‘45 CFR 74.20’’ and adding in its place
Expenditure (1) by removing ‘‘45 CFR in its place ‘‘45 CFR part 75’’. ‘‘45 CFR 75.361’’.
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§ 441.353 [Amended] PART 1001—PROGRAM INTEGRITY— at www.hhs.gov/dab/divisions/
■ 130. Amend § 441.353(c)(3) by MEDICARE AND STATE HEALTH appellate.
removing ‘‘45 CFR part 74’’ and adding CARE PROGRAMS * * * * *
in its place ‘‘45 CFR part 75’’.
■ 139. The authority citation for part § 16.22 [Amended]
§ 441.484 [Amended] 1001 continues to read as follows: ■ 147. Amend § 16.22(b)(1) by removing
■ 131. Amend § 441.484(a)(2) by Authority: 42 U.S.C. 1302, 1320a-7, 1320a- ‘‘see § 74.114 of this title’’ and adding in
removing ‘‘45 CFR 74.40 through 74.48’’ 7b, 1395u(j), 1395u(k), 1395w-104(e)(6), its place ‘‘see § 75.371 of this title’’.
and adding in its place ‘‘45 CFR 75.326 1395y(d), 1395y(e), 1395cc(b)(2)(D), (E) and
through 75.340’’. (F), and 1395hh; and sec. 2455, Public Law PART 63—GRANT PROGRAMS
103–355, 108 Stat. 3327 (31 U.S.C. 6101 ADMINISTERED BY THE OFFICE OF
PART 456—UTILIZATION CONTROL note).
THE ASSISTANT SECRETARY FOR
■ 132. The authority citation for part § 1001.952 [Amended] PLANNING AND EVALUATION
456 continues to read as follows: ■ 140. Amend § 1001.952(w)(7) by ■ 148. The authority citation for part 63
Authority: Sec. 1102 of the Social Security removing ‘‘45 CFR 74.40 through 74.48’’ continues to read as follows:
Act (42 U.S.C. 1302), unless otherwise noted. and adding in its place ‘‘45 CFR 75.326
Authority: Sec. 602, Community Services
through 75.340’’ and designating the
§ 456.722 [Amended] Act (42 U.S.C. 2942); sec. 1110, Social
undesignated paragraph following Security Act (42 U.S.C. 1310).
■ 133. Amend § 456.722(c)(1) by paragraph (w)(9) as Note to paragraph
removing ‘‘45 CFR part 74, subpart P, (w). § 63.8 [Amended]
and appendix G–O of OMB circular A– ■ 149. Amend § 63.8(c)(1) by removing
Title 45—Public Welfare
102’’ and adding in its place ‘‘45 CFR ‘‘Part 74 of this title, establishing
75.326 through 75.340’’. PART 16—PROCEDURES OF THE uniform administrative requirements
DEPARTMENTAL GRANT APPEALS and cost principles for grants’’ and
PART 457—ALLOTMENTS AND adding in its place ‘‘Part 75 of this title,
BOARD
GRANTS TO STATES establishing uniform administrative
■ 141. The authority citation for part 16 requirements, cost principles and audit
■ 134. The authority citation for part
continues to read as follows: requirements for grants’’.
457 continues to read as follows:
Authority: 5 U.S.C. 301 and secs. 1, 5, 6,
Authority: Section 1102 of the Social and 7 of Reorganization Plan No. 1 of 1953, § 63.34 [Amended]
Security Act (42 U.S.C. 1302). 18 FR 2053, 67 Stat. 631 and authorities cited ■ 150. Amend § 63.34 by removing
§ 457.230 [Amended] in the Appendix. ‘‘§ 74.114’’ and adding in its place
■ 135. Amend § 457.230 by removing ‘‘§ 75.372’’.
§ 16.1 [Amended]
‘‘45 CFR part 74’’ and adding in its ■ 142. Amend § 16.1 by removing ‘‘part PART 75—UNIFORM ADMINISTRATIVE
place ‘‘45 CFR part 75’’. 74 of this title’’ and adding in its place REQUIREMENTS, COST PRINCIPLES,
§ 457.628 [Amended] ‘‘part 75 of this title’’. AND AUDIT REQUIREMENTS FOR HHS
■ 136. Amend § 457.628(b) by removing § 16.2 [Amended] AWARDS
‘‘Part 74—Administration of Grants ■ 143. Amend § 16.2(b) by removing ■ 151. The authority citation for part 75
(except as specifically excepted).’’ and ‘‘part 74 of this title’’ and adding in its continues to read as follows:
adding in alphanumeric order ‘‘45 CFR place ‘‘part 75 of this title’’.
part 75—Uniform Administrative Authority: 5 U.S.C. 301.
Requirements, Cost Principles, and § 16.3 [Amended] § 75.1 Acronyms [Amended]
Audit Requirements for HHS Awards ■144. Amend § 16.3(b) by removing ‘‘45 ■ 152. Amend § 75.1 by removing ‘‘COG
(except as specifically excepted).’’. CFR 74.304’’ and adding in its place ‘‘45 Councils of Governments’’ and adding
■ 137. Amend § 457.630 in paragraph (f) CFR 75.374’’. in its place ‘‘COG Councils Of
introductory text by removing ‘‘45 CFR Governments’’; adding in alphabetical
part 74’’ and adding in its place ‘‘45 § 16.7 [Amended]
■ 145. Amend § 16.7(a) by removing ‘‘45 order ‘‘FAPIIS Federal Awardee
CFR part 75’’ and revising paragraphs Performance and Integrity Information
(f)(1) and (2). CFR 74.304’’ and adding in its place ‘‘45
CFR 75.374’’. System’’; and removing ‘‘SAM System
The revisions read as follows:
■ 146. Amend § 16.20 by revising for Award Management’’ and adding in
§ 457.630 Grants procedures. paragraph (a) to read as follows: its place ‘‘SAM System for Award
* * * * * Management (accessible at https://
§ 16.20 How to submit material to the www.sam.gov)’’
(f) * * *
Board. ■ 153. Amend § 75.2:
(1) Cost sharing or matching, 45 CFR
75.306; and (a) Submissions should be addressed ■ a. By revising paragraph (2) in the
(2) Financial reporting, 45 CFR to the Board’s current mailing address: definition of ‘‘Cognizant agency for
75.341. Department of Health and Human indirect costs;’’
Services, Departmental Appeals Board, ■ b. In the definition of ‘‘Federal Audit
§ 457.940 [Amended] Appellate Division—MS 6127, 330 Clearinghouse FAC’’ by removing
■ 138. Amend § 457.940 in paragraph Independence Ave. SW., Cohen ‘‘FAC’’ and adding ‘‘(FAC)’’ in its place;
(b)(1) by removing ‘‘45 CFR 74.43 or 45 Building—Rm. G–644, Washington, DC
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■ c. In the definition of ‘‘Federal
CFR 92.36, as applicable’’ and adding in 20201; however, submissions to the financial assistance’’:
its place ‘‘45 CFR 75.326 through Board in certain types of cases may be ■ i. By revising paragraphs (1)
75.340’’ and in paragraph (d) by made by electronic filing using DAB E- introductory text and (2) introductory
removing ‘‘45 CFR part 74 or 45 CFR File at https://dab.efile.hhs.gov. text; and
part 92, as applicable’’ and adding in its Changes to the mailing address will be ■ ii. By redesignating paragraph (c) as
place ‘‘45 CFR part 75’’. made available on the Board’s Web site paragraph (3).
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![3014 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
Are applicable to the fol-
lowing types of Federal
awards and fixed-price con- Are NOT applicable to the following types of Federal
The following portions of the part: tracts and subcontracts (ex- awards and fixed-price contracts and subcontracts:
cept as noted in para-
graphs (d) and (e) below):
Subpart F—Audit Requirements ....................................... —Grant agreements and —Fixed-price contracts and subcontracts awarded
cooperative agreements. under the Federal Acquisition Regulation.
—Contracts and sub-
contracts, except for fixed
price contract and sub-
contracts, awarded under
the Federal Acquisition
Regulation.
—Agreements for loans,
loan guarantees, interest
subsidies and insurance
and other forms of Fed-
eral Financial Assistance
as defined by the Single
Audit Act Amendment of
1996.
(2) Federal award of cost- § 75.102 [Amended] § 75.113 Mandatory disclosures.
reimbursement contract under the FAR ■ 155. Amend § 75.102(b) by adding a * * * Non-Federal entities that have
to a non-Federal entity. When a non- comma after ‘‘indirect costs’’ and received a Federal award including the
Federal entity is awarded a cost- removing the second sentence. term and condition outlined in
reimbursement contract, only subpart D Appendix XII are required to report
§ 75.103 [Amended]
of this part §§ 75.351 through 75.353 (in certain civil, criminal, or administrative
■ 156. In § 75.103, amend paragraphs (a) proceedings to SAM. * * *
addition to any FAR related
and (b) by adding ‘‘Prescribing the
requirements for subaward monitoring),
Duties of the Office of Management and § 75.203 [Amended]
Subpart E of this part and Subpart F of Budget and the Domestic Policy Council ■ 160. Amend § 75.203(c)(5) by
this part are incorporated by reference in the Executive Office of the President’’ removing the last sentence.
into the contract. However, when the after ‘‘Executive Order 11541’’ in each ■ 161. Amend § 75.205 by revising
Cost Accounting Standards (CAS) are paragraph. paragraph (a) to read as follows:
applicable to the contract, they take
precedence over the requirements of § 75.104 [Amended] § 75.205 [Amended]
this part except for subpart F of this part ■ 157. Amend § 75.104(a)(7) by adding (a) Review of OMB-designated
when they are in conflict. In addition, closing quotation marks after the word repositories of governmentwide data. (1)
costs that are made unallowable under Organizations. Prior to making a Federal award, the
10 U.S.C. 2324(e) and 41 U.S.C. 4304(a) ■ 158. In § 75.110, revise paragraph (a) HHS awarding agency is required by 31
as described in the FAR subpart 31.2 to read as follows: U.S.C. 3321 and 41 U.S.C. 2313 note to
and subpart 31.603 are always review information available through
§ 75.110 Effective/Applicability date any OMB-designated repositories of
unallowable. For requirements other
(a) The standards set forth in this part governmentwide eligibility qualification
than those covered in subpart D of this
which affect administration of Federal or financial integrity information as
part, §§ 75.351 through 75.353, subpart awards issued by HHS agencies become
E of this part and subpart F of this part, appropriate. See also suspension and
effective December 26, 2014 unless debarment requirements at 2 CFR parts
the terms of the contract and the FAR different provisions are required by 180 and 376.
apply. statute or approved by OMB. For the (2) In accordance 41 U.S.C. 2313, the
* * * * * procurement standards in 45 CFR HHS awarding agency is required to
(d) * * * 75.326 through 75.355, non-Federal review the publicly available
entities may continue to comply with information in the OMB-designated
(1) The block grant awards authorized the procurement standards in previous integrity and performance system
by the Omnibus Budget Reconciliation OMB guidance (superseded by this part accessible through SAM (currently the
Act of 1981 (including Community as described in 45 CFR 75.104) for two Federal Awardee Performance and
Services), except to the extent that additional fiscal years after this part Integrity Information System (FAPIIS))
Subpart E of this Part apply to goes into effect. If a non-Federal entity prior to making a Federal award where
subrecipients of Community Services chooses to use the previous the Federal share is expected to exceed
Block Grant funds pursuant to 42 U.S.C. procurement standards for an additional the simplified acquisition threshold,
9916(a)(1)(B); two fiscal years before adopting the defined in 41 U.S.C. 134, over the
procurement standards in this part, the period of performance. At a minimum,
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* * * * *
non-Federal entity must document this the information in the system for a prior
(e) * * *
decision in their internal procurement Federal award recipient must
(1) Entitlement Federal awards to policies. demonstrate a satisfactory record of
carry out the following programs of the * * * * * executing programs or activities under
Social Security Act: ■ 159. Amend § 75.113 by adding a new Federal grants, cooperative agreements,
* * * * * second sentence to read as follows: or procurement awards; and integrity
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![Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 3015
and business ethics. The HHS awarding (c) Nothing in this section may be (2) The information will be kept in the
agency may make a Federal award to a construed as requiring the publication system for a period of five years from
recipient who does not fully meet these of information otherwise exempt under the date of the determination, as
standards, if it is determined that the the Freedom of Information Act (5 required by section 872 of Public Law
information is not relevant to the U.S.C. 552), or controlled unclassified 110–417, as amended (41 U.S.C. 2313),
current Federal award under information pursuant to Executive then archived;
consideration or there are specific Order 13556. (3) Each HHS awarding agency that
conditions that can appropriately considers making a Federal award to the
mitigate the effects of the non-Federal §§ 75.212 through 75.217 [Redesignated as non-Federal entity during that five year
§§ 75.213 through 75.218] period must consider that information
entity’s risk in accordance with
§ 75.207. ■ 166. Redesignate §§ 75.212 through in judging whether the non-Federal
75.217 as §§ 75.213 through 75.218, entity is qualified to receive the Federal
* * * * * respectively. award when the total Federal share of
§ 75.206 [Amended] ■ 167. Add a new § 75.212 to read as the Federal award is expected to include
■ 162. Amend § 75.206(a) by adding ‘‘, follows: an amount of Federal funding in excess
Controlling Paperwork Burdens on the of the simplified acquisition threshold
§ 75.212 Reporting a determination that a over the period of performance;
Public’’ after ‘‘5 CFR part 1320’’.
recipient is not qualified for a Federal (4) The non-Federal entity may go to
§ 75.207 [Amended] award. the awardee integrity and performance
■ 163. Amend § 75.207(a)(4) by (a) If an HHS awarding agency does portal accessible through SAM
removing ‘‘the’’ and adding in its place not make a Federal award to a non- (currently the Contractor Performance
‘‘an’’. Federal entity because the official Assessment Reporting System (CPARS))
■ 164. Amend § 75.210:
determines that the non-Federal entity and comment on any information the
■ a. In paragraph (a)(1) by removing
does not meet either or both of the system contains about the non-Federal
‘‘their’’ and adding in its place ‘‘its’’; minimum qualification standards as entity itself; and
■ b. By adding paragraph (b)(1)(iii); and
described in § 75.205(a)(2), the HHS (5) HHS awarding agencies will
■ c. By adding ‘‘Preparation, awarding agency must report that consider that non-Federal entity’s
Submission and Execution of the determination to the designated comments in determining whether the
Budget’’ after ‘‘A–11’’ in the last integrity and performance system non-Federal entity is qualified for the
sentence of paragraph (d). accessible through SAM (currently future Federal award.
The addition reads as follows: FAPIIS), only if all of the following (d) If an HHS awarding agency enters
apply: information into the designated integrity
§ 75.210 Information contained in a (1) The only basis for the and performance system accessible
Federal award. determination described in paragraph through SAM about a determination that
* * * * * (a) of this section is the non-Federal a non-Federal entity is not qualified for
(b) * * * entity’s prior record of executing a Federal award and subsequently:
(1) * * * programs or activities under Federal (1) Learns that any of that information
(iii) Recipient integrity and awards or its record of integrity and is erroneous, the HHS awarding agency
performance matters. If the total Federal business ethics, as described in must correct the information in the
share of the Federal award may include § 75.205(a)(2), (i.e., the entity was system within three business days;
more than $500,000 over the period of determined to be qualified based on all (2) Obtains an update to that
performance, the HHS awarding agency factors other than those two standards), information that could be helpful to
must include the term and condition and other Federal awarding agencies, the
available in Appendix XII. See also (2) The total Federal share of the HHS awarding agency is strongly
§ 75.113. Federal award that otherwise would be encouraged to amend the information in
* * * * * made to the non-Federal entity is the system to incorporate the update in
■ 165. In § 75.211, revise paragraph (b) expected to exceed the simplified a timely way.
and add paragraph (c) to read as follows: acquisition threshold over the period of (e) HHS awarding agencies shall not
performance. post any information that will be made
§ 75.211 Public access to Federal award (b) The HHS awarding agency is not publicly available in the non-public
information. required to report a determination that segment of the designated integrity and
* * * * * a non-Federal entity is not qualified for performance system that is covered by
(b) All information posted in the a Federal award if it makes the Federal a disclosure exemption under the
designated integrity and performance award to the non-Federal entity and Freedom of Information Act. If the
system accessible through SAM includes specific award terms and recipient asserts within seven calendar
(currently FAPIIS) on or after April 15, conditions, as described in § 75.207. days to the HHS awarding agency that
2011 will be publicly available after a (c) If an HHS awarding agency reports posted the information that some or all
waiting period of 14 calendar days, a determination that a non-Federal of the information made publicly
except for: entity is not qualified for a Federal available is covered by a disclosure
(1) Past performance reviews required award, as described in paragraph (a) of exemption under the Freedom of
by Federal Government contractors in this section, the HHS awarding agency Information Act, the HHS awarding
accordance with the Federal Acquisition also must notify the non-Federal entity agency that posted the information must
remove the posting within seven
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Regulation (FAR) 42.15; that—
(2) Information that was entered prior (1) The determination was made and calendar days of receiving the assertion.
to April 15, 2011; or reported to the designated integrity and Prior to reposting the releasable
(3) Information that is withdrawn performance system accessible through information, the HHS awarding agency
during the 14-calendar day waiting SAM, and include with the notification must resolve the issue in accordance
period by the Federal Government an explanation of the basis for the with the agency’s Freedom of
official. determination; Information Act procedures.
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§ 75.213 [Amended] (c)(1) For non-construction Federal The addition reads as follows:
■ 168. In newly redesignated § 75.213, awards, recipients must request prior
approvals from HHS awarding agencies § 75.327 General procurement standards.
remove ‘‘and contractors’’ after
‘‘entities’’ in the first sentence. for one or more of the following * * * * *
■ 169. In § 75.305, revise the last program or budget-related reasons: (h) * * * See also § 75.213.
sentence in paragraph (b) introductory (i) Change in the scope or the * * * * *
text and revise paragraphs (b)(6)(ii) and objective of the project or program (even
if there is no associated budget revision § 75.329 [Amended]
(b)(9) introductory text to read as
follows: requiring prior written approval). ■ 175. In § 75.329, paragraph (c)(2)(i)
(ii) Change in a key person specified and (iii), remove ‘‘state’’ and remove
§ 75.305 Payment. in the application or the Federal award. ‘‘publically’’ and add in its place
(b) * * * Except as noted elsewhere (iii) The disengagement from the ‘‘publicly’’.
in this part, HHS awarding agencies project for more than three months, or ■ 176. In § 75.351, revise the last
must require recipients to use only a 25 percent reduction in time devoted sentence of paragraph (b) introductory
OMB-approved standard to the project, by the approved project text to read as follows:
governmentwide information collection director or principal investigator.
requests to request payment. (iv) The inclusion, unless waived by § 75.351 Subrecipient and contractor
* * * * * the HHS awarding agency, of costs that determinations.
(6) * * * require prior approval in accordance * * * * *
(ii) The non-Federal entity is with subpart E of this part, or Appendix (b) * * * Characteristics indicative of
delinquent in a debt to the United States IX of this part, or 48 CFR part 31, as a procurement relationship between the
as defined in OMB Guidance A–129 applicable. non-Federal entity and a contractor are
‘‘Policies for Federal Credit Programs (v) The transfer of funds budgeted for when the contractor:
and Non-Tax Receivables.’’ participant support costs as defined in
* * * * *
§ 75.2 to other categories of expense.
* * * * * ■ 177. In § 75.352, revise paragraphs
(vi) Unless described in the
(9) Interest earned amounts up to (a)(1)(i), (iv), (vi), (vii), (viii), and (x) and
application and funded in the approved
$500 per year may be retained by the (a)(2) and (4) to read as follows:
Federal awards, the subawarding,
non-Federal entity for administrative
transferring or contracting out of any § 75.352 Requirement for pass-through
expense. Any additional interest earned work under a Federal award, including entities.
on Federal advance payments deposited fixed amount subawards as described in
in interest-bearing accounts must be * * * * *
§ 75.353. This provision does not apply (a) * * *
remitted annually to the Department of to the acquisition of supplies, material,
Health and Human Services Payment (1) * * *
equipment or general support services. (i) Subrecipient name (which must
Management System (PMS) through an (vii) Changes in the approved cost-
electronic medium using either match the name associated with its
sharing or matching provided by the unique entity identifier;
Automated Clearing House (ACH) non-Federal entity.
network or a Fedwire Funds Service (viii) The need arises for additional * * * * *
payment. Remittances must include Federal funds to complete the project. (iv) Federal Award Date (see § 75.2
pertinent information of the payee and (ix) The inclusion of research patient Federal award date) of award to the
nature of the payment in the memo area care costs in research awards made for recipient by the HHS awarding agency;
(often referred to as ‘‘addenda records’’ the performance of research work. * * * * *
by Financial Institutions) as that will (x) The provision of subawards by a (vi) Amount of Federal Funds
assist in the timely posting of interest pass-through entity on fixed amounts up Obligated by this action by the pass-
earned on federal funds. Pertinent to the Simplified Acquisition through entity to the subrecipient;
details include the Payee Account Threshold, provided that the subawards (vii) Total Amount of Federal Funds
Number (PAN) if the payment meet the requirements for fixed amount Obligated to the subrecipient by the
originated from PMS, or Agency awards in § 75.201. See § 75.353. pass-through entity including the
information, if the payment originated (xi) The recipient wishes to dispose current obligation;
from ASAP, NSF or another federal of, replace, or encumber title to real (viii) Total Amount of the Federal
agency payment system. The remittance property, equipment, or intangible Award committed to the subrecipient by
must be submitted as follows: property that are acquired or improved the pass-through entity;
* * * * * with a Federal award. See §§ 75.318, * * * * *
75.320, 75.322, and 75.323. (x) Name of HHS awarding agency,
§ 75.306 [Amended] (2) No other prior approval pass-through entity, and contract
■ 170. Amend § 75.306(c) by adding requirements for specific items may be information for awarding official of the
‘‘only with prior approval of the HHS imposed unless an exception has been pass-through entity;
awarding agency’’ at the end of the first approved by OMB. See also §§ 75.102
* * * * *
sentence. and 75.407. (2) All requirements imposed by the
* * * * * pass-through entity on the subrecipient
§ 75.307 [Amended]
■ 171. Amend § 75.307(e) by removing § 75.322 [Amended] so that the Federal award is used in
‘‘75.215’’ and adding in its place accordance with Federal statutes,
■ 173. Amend § 75.322(d)(2) by adding
regulations and the terms and
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‘‘75.216’’. ‘‘for Federal purposes’’ at the end.
conditions of the Federal award;
■ 172. In § 75.308, revise paragraph (c)
§ 75.327 [Amended] * * * * *
to read as follows:
■ 174. Amend § 75.327(h) by removing (4) An approved federally recognized
§ 75.308 Revision of budget and program the third sentence and the parenthetical indirect cost rate negotiated between the
plans. reference and adding a new last subrecipient and the Federal
* * * * * sentence. Government or, if no such rate exists,
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either a rate negotiated between the the system to incorporate the update in entity may submit comments to the
pass-through entity and the subrecipient a timely way; awardee integrity and performance
(in compliance with this part), or a de (3) HHS awarding agencies shall not portal accessible through SAM
minimis indirect cost rate as defined in post any information that will be made (currently CPARS).
§ 75.414(f); publicly available in the non-public (5) Federal awarding agencies will
* * * * * segment of the designated integrity and consider non-Federal entity comments
■ 178. Revise § 75.363 to read as performance system that is covered by when determining whether the non-
follows: a disclosure exemption under the Federal entity is qualified for a future
Freedom of Information Act. If the non- Federal award.
§ 75.363 Methods for collection, Federal entity asserts within seven
transmission and storage of information.
* * * * *
calendar days to the HHS awarding
In accordance with the May 2013 agency who posted the information, that § 75.409 [Amended]
Executive Order on Making Open and some of the information made publicly ■ 181. Amend § 75.409 introductory text
Machine readable the New Default for available is covered by a disclosure by removing ‘‘subpart, certain sections
Government Information, the HHS exemption under the Freedom of in this subpart’’ and adding in its place
awarding agency and the non-Federal Information Act, the HHS awarding ‘‘subtitle, other subtitles in this part’’.
entity should, whenever practicable, agency who posted the information ■ 182. In § 75.414, revise paragraph
collect, transmit, and store Federal must remove the posting within seven (e)(3) to read as follows:
award-related information in open and calendar days of receiving the assertion.
machine readable formats rather than in Prior to reposting the releasable § 75.414 Indirect (F&A) costs.
closed formats or on paper. information, the HHS agency must * * * * *
■ 179. In § 75.372, revise paragraphs resolve the issue in accordance with the (e) * * *
(a)(1) and (b) and add paragraph (c) to agency’s Freedom of Information Act (3) Appendix V to Part 75—State/
read as follows: procedures. Local Governmentwide Central Service
(c) When a Federal award is Cost Allocation Plans;
§ 75.372 Termination.
terminated or partially terminated, both * * * * *
* * * * * the HHS awarding agency or pass-
(a) * * * through agency and the non-Federal § 75.419 [Amended]
(1) By the HHS awarding agency or
entity remain responsible for ■ 183. In § 75.419, amend paragraph (b)
pass-through entity, if the non-Federal
compliance with the requirements of introductory text by removing ‘‘its’’ and
entity fails to comply with the terms
§§ 75.381 through 75.390. adding in its place ‘‘their’’ before ‘‘cost
and conditions of the award; ■ 180. In § 75.373, revise paragraph (b) accounting practices’’.
* * * * * to read as follows:
(b) When an HHS awarding agency ■ 184. In § 75.431, amend paragraph
terminates a Federal award prior to the § 75.373 Notification of termination (h)(3) by removing ‘‘Federal
end of the period of performance due to requirement. Government’s’’ and adding in its place
the non-Federal entity’s material failure * * * * * ‘‘non-Federal entity’’ and revise
to comply with the Federal award terms (b) If the Federal award is terminated paragraphs (i)(1) and (j).
and conditions, the HHS awarding for the non-Federal entity’s material The revisions read as follows:
agency must report the termination to failure to comply with the Federal § 75.431 Compensation—fringe benefits.
the OMB-designated integrity and statutes, regulations, or terms and
conditions of the Federal award, the * * * * *
performance system accessible through
notification must state that— (i) Severance pay. (1) Severance pay,
SAM (currently FAPIIS).
(1) The termination decision will be also commonly referred to as dismissal
(1) The information required under
reported to the OMB-designated wages, is a payment in addition to
this paragraph (b) is not to be reported
integrity and performance system regular salaries and wages, by non-
to the designated integrity and
accessible through SAM (currently Federal entities to workers whose
performance system until after the non-
FAPIIS); employment is being terminated. Costs
Federal entity either—
(i) Has exhausted its opportunities to (2) The information will be available of severance pay are allowable only to
object or challenge the decision, see in the OMB-designated integrity and the extent that in each case, it is
§ 75.374; or performance system for a period of five required by:
(ii) Has not, within 30 calendar days years from the date of the termination, (i) Law;
after being notified of the termination, then archived; (ii) Employer-employee agreement;
informed the HHS awarding agency that (3) HHS awarding agencies that (iii) Established policy that
it intends to appeal the HHS awarding consider making a Federal award to the constitutes, in effect, an implied
agency’s decision to terminate. non-Federal entity during that five year agreement on the non-Federal entity’s
(2) If an HHS awarding agency, after period must consider that information part; or
entering information into the designated in judging whether the non-Federal (iv) Circumstances of the particular
integrity and performance system about entity is qualified to receive the Federal employment.
a termination, subsequently: award, when the Federal share of the * * * * *
(i) Learns that any of the information Federal award is expected to exceed the (j) For IHEs only. (1) Fringe benefits in
is erroneous, the HHS awarding agency simplified acquisition threshold over the form of undergraduate and graduate
tuition or remission of tuition for
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must correct the information in the the period of performance;
system within three business days; (4) The non-Federal entity may individual employees are allowable,
(ii) Obtains an update to that comment on any information the OMB- provided such benefits are granted in
information that could be helpful to designated integrity and performance accordance with established non-federal
other Federal awarding agencies, the system contains about the non-Federal entity policies, and are distributed to all
HHS awarding agency is strongly entity for future consideration by HHS non-Federal entity activities on an
encouraged to amend the information in awarding agencies. The non-Federal equitable basis. Tuition benefits for
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family members other than the § 75.465 [Amended] purposes. If there is a single application
employee are unallowable. ■ 192. Amend § 75.465(c) introductory deadline followed by the simultaneous
(2) Fringe benefits in the form of text by removing the parentheses review of all applications, the HHS awarding
tuition or remission of tuition for agency can include in this section
around ‘‘as explained in paragraph (b) of information about the anticipated dates for
individual employees not employed by this section’’. announcing or notifying successful and
IHEs are limited to the tax-free amount unsuccessful applicants and for having
allowed per section 127 of the Internal § 75.474 [Amended]
Federal awards in place. If applications are
Revenue Code as amended. ■ 193. Amend § 75.474(d) by adding received and evaluated on a ‘‘rolling’’ basis
(3) IHEs may offer employees tuition ‘‘(‘‘Travel and Subsistence Expenses: at different times during an extended period,
waivers or tuition reductions, provided Mileage Allowance’’)’’ after ‘‘5 U.S.C. it may be appropriate to give applicants an
that the benefit does not discriminate in 5701–11’’. estimate of the time needed to process an
favor of highly compensated employees. application and notify the applicant of the
Employees can exercise these benefits at § 75.501 [Amended] HHS awarding agency’s decision.
other institutions according to ■ 194. Amend § 75.501(k) by removing F. * * *
institutional policy. See § 75.466 for ‘‘§ 75.215’’ and adding in its place 3. Reporting—Required. This section must
‘‘§ 75.216’’. include general information about the type
treatment of tuition remission provided
(e.g., financial or performance), frequency,
to students. and means of submission (paper or
§ 75.515 [Amended]
* * * * * electronic) of post-Federal award reporting
■ 185. Amend § 75.439, by adding
■ 195. Amend § 75.515(b) by removing
requirements. Highlight any special reporting
paragraph (b)(7) to read as follows: ‘‘or’’ and adding in its place ‘‘and’’ requirements for Federal awards under this
before ‘‘award agreements’’ in the first funding opportunity that differ (e.g., by
§ 75.439 Equipment and other capital sentence. report type, frequency, form/format, or
expenditures. ■ 196. In Appendix I to Part 75: circumstances for use) from what the HHS
* * * * * ■ a. In section E: awarding agency’s Federal awards usually
(b) * * * ■ i. Redesignate paragraph 3 as require. HHS agencies must also describe in
(7) Equipment and other capital paragraph 4 and revise it; and this section all relevant requirements such as
expenditures are unallowable as ■ ii. Add a new paragraph 3; those at 2 CFR 180.335 and 2 CFR 180.350.
indirect costs. See § 75.436. ■ b. In section F, revise paragraph 3. If the Federal share of any Federal award may
The addition and revisions read as include more than $500,000 over the period
§ 75.448 [Amended] of performance, this section must inform
follows:
■ 186. Amend § 75.448(b)(3) by potential applicants about the post award
removing ‘‘there’’ and adding in its Appendix I to Part 75—Full Text of reporting requirements in Appendix XII.
place ‘‘thereto’’. Notice of Funding Opportunity * * * * *
* * * * * ■ 197. Amend Appendix III to Part 75 as
§ 75.449 [Amended] follows:
E. * * *
■ 187. In § 75.449, amend paragraph 3. For any Federal award under a notice of ■ a. Add ‘‘(IHEs)’’ at the end of the
(b)(1) by removing ‘‘are defined in’’ and funding opportunity, if the HHS awarding appendix heading;
adding in its place ‘‘is defined as noted agency anticipates that the total Federal share ■ b. Redesignate paragraph A.1.b.(3) as
in’’, and in paragraph (e) by removing will be greater than the simplified acquisition paragraph A.1.a.(3);
‘‘September 23’’ and adding in its place threshold on any Federal award under a ■ c. In section C, by adding ‘‘ ‘‘Equal
‘‘July 1’’. notice of funding opportunity may include, Employment Opportunity (30 FR 12319,
over the period of performance (see § 75.2
§ 75.450 [Amended]
12935, 3 CFR 1964–1965 Comp., p.
Simplified Acquisition Threshold), this
section must also inform applicants: 339)’’ after ‘‘Executive Order 11246’’;
■ 188. Amend § 75.450(c)(2)(iv) by
i. That the HHS awarding agency, prior to and adding ‘‘ ‘‘Amending Executive
removing ‘‘IRC secs.’’ and adding in its
making a Federal award with a total amount Order 11246 Relating to Equal
place ‘‘I.R.C. sections’’.
■ 189. Revise § 75.456 to read as
of Federal share greater than the simplified Employment Opportunity,’’ ’’ after
follows:
acquisition threshold, is required to review ‘‘Executive Order 11375’’; and
and consider any information about the ■ d. In Section C.7, redesignate first
§ 75.456 Participant support costs. applicant that is in the designated integrity paragraph as ‘‘a.’’ and revise the first
and performance system accessible through sentence.
Participant support costs as defined in SAM (currently FAPIIS) (see 41 U.S.C. 2313);
§ 75.2 are allowable with the prior The revision reads as follows:
ii. That an applicant, at its option, may
approval of the HHS awarding agency. review information in the designated Appendix III to Part 75—Indirect (F&A)
integrity and performance systems accessible Costs, Identification and Assignment,
§ 75.459 [Amended]
through SAM and comment on any and Rate Determination for Institutions
■ 190. In § 75.459, amend the section information about itself that the HHS
heading by removing ‘‘services’’ and of Higher Education (IHEs)
awarding agency previously entered and is
adding in its place ‘‘service’’. currently in the designated integrity and * * * * *
■ 191. In § 75.461, add paragraph (b)(3) performance system accessible through SAM; C. * * *
to read as follows: iii. That the HHS awarding agency will 7. a. Except as provided in paragraph (c)(1)
consider any comments by the applicant, in of § 75.414, HHS agencies must use the
§ 75.461 Publication and printing costs. addition to the other information in the negotiated rates in effect at the time of the
* * * * * designated integrity and performance system, initial award throughout the life of the
(b) * * * in making a judgment about the applicant’s Federal award. * * *
(3) The non-Federal entity may charge integrity, business ethics, and record of
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* * * * *
the Federal award before closeout for performance under Federal awards when
■ 198. Amend Appendix IV to Part 75
the costs of publication or sharing of completing the review of risk posed by
applicants as described in § 75.205. as follows:
research results if the costs are not ■ a. In Section A., designate the second
4. Anticipated Announcement and Federal
incurred during the period of Award Dates—Optional. This section is paragraph as Section A.2. and revise it;
performance of the Federal award. intended to provide applicants with ■ b. In Section B.2.c, remove ‘‘contracts
* * * * * information they can use for planning or’’ and add in its place ‘‘as’’;
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■ c. In Section B.2.e. amend the first Appendix VIII to Part 75—[Amended] (4) Any other criminal, civil, or
sentence by removing ‘‘Federal Funding administrative proceeding if:
■ 201. Amend Appendix VIII by
of direct costs’’ and add in its place (i) It could have led to an outcome
designating each of the listed described in paragraph 2.c.(1), (2), or (3) of
‘‘direct Federal funding’’ and remove organizations as numbers 1 through 33. this award term and condition;
‘‘section A.3. of this Appendix’’ and add
Appendix X to Part 75—[Amended] (ii) It had a different disposition arrived at
in its place ‘‘§ 75.414(a)’’; by consent or compromise with an
■ d. In Section B.3.g. amend the last ■ 202. Amend Appendix X by removing acknowledgement of fault on your part; and
sentence by removing ‘‘section A.3 of ‘‘https://harvester.census.gov/facweb/ (iii) The requirement in this award term
this Appendix’’ and adding in its place Default.aspx’’. and condition to disclose information about
‘‘§ 75.414(a)’’; the proceeding does not conflict with
Appendix XI to Part 75—[Amended] applicable laws and regulations.
■ e. In Section C.2.b. amend the first
sentence by removing ‘‘(e)’’ and add in ■ 203. Amend Appendix XI by adding
3. Reporting Procedures
its place ‘‘(f)’’; ‘‘e.g., for 2013 here:’’ in the parentheses
before http’’. Enter in the SAM Entity Management area
■ f. In Section C.2.c. amend the first the information that SAM requires about
■ 204. Add Appendix XII to Part 75 to
sentence by removing ‘‘(f)’’ and add in each proceeding described in paragraph 2 of
read as follows:
its place ‘‘(g)’’; this award term and condition. You do not
■ g. In Section D.1. amend the first Appendix XII—Award Term and need to submit the information a second time
sentence by removing ‘‘subsection b’’ Conditions for Recipient Integrity and under assistance awards that you received if
and add, in its place with ‘‘subsection Performance Matters you already provided the information
2’’; and through SAM because you were required to
A. Reporting of Matters Related to Recipient do so under Federal procurement contracts
■ h. In Section D.2. introductory text, Integrity and Performance that you were awarded.
remove the subject heading‘‘Certificate.’’
1. General Reporting Requirement 4. Reporting Frequency
The revision reads as follows:
If the total value of your currently active
During any period of time when you are
Appendix IV to Part 75—Indirect (F&A) grants, cooperative agreements, and
subject to this requirement in paragraph 1 of
Costs Identification and Assignment, procurement contracts from all Federal
awarding agencies exceeds $10,000,000 for this award term and condition, you must
and Rate Determination for Nonprofit report proceedings information through SAM
any period of time during the period of
Organizations for the most recent five year period, either to
performance of this Federal award, then you
* * * * * as the recipient during that period of time report new information about any
2. ‘‘Major nonprofit organizations’’ are must maintain the currency of information proceeding(s) that you have not reported
defined in § 75.414(a). See indirect cost rate reported to the System for Award previously or affirm that there is no new
reporting requirements in sections B.2.e and Management (SAM) that is made available in information to report. Recipients that have
B.3.g. of this appendix the designated integrity and performance Federal contract, grant, and cooperative
system (currently the Federal Awardee agreement awards with a cumulative total
* * * * * Performance and Integrity Information value greater than $10,000,000 must disclose
■ 199. Amend Appendix V to Part 75 as System (FAPIIS)) about civil, criminal, or semiannually any information about the
follows: administrative proceedings described in criminal, civil, and administrative
■ a. In Section A.2. by adding ‘‘or at paragraph 2 of this award term and proceedings.
their Web site at’’ after ‘‘Cost Allocation condition. This is a statutory requirement
under section 872 of Public Law 110–417, as 5. Definitions
Services’’; and
amended (41 U.S.C. 2313). As required by For purposes of this award term and
■ b. Revise Section E.2. section 3010 of Public Law 111–212, all condition:
The revision reads as follows: information posted in the designated a. Administrative proceeding means a non-
integrity and performance system on or after judicial process that is adjudicatory in nature
Appendix V to Part 75—State/Local April 15, 2011, except past performance in order to make a determination of fault or
Governmentwide Central Service Cost reviews required for Federal procurement liability (e.g., Securities and Exchange
Allocation Plans contracts, will be publicly available. Commission Administrative proceedings,
* * * * * 2. Proceedings About Which You Must Civilian Board of Contract Appeals
2. Allocated Central Services. For each Report proceedings, and Armed Services Board of
allocated central service*, the plan must also Contract Appeals proceedings). This includes
Submit the information required about proceedings at the Federal and State level but
include the following: a brief description of each proceeding that:
the service, an identification of the unit only in connection with performance of a
a. Is in connection with the award or Federal contract or grant. It does not include
rendering the service and the operating performance of a grant, cooperative
agencies receiving the service, the items of audits, site visits, corrective plans, or
agreement, or procurement contract from the
expense included in the cost of the service, inspection of deliverables.
Federal Government;
the method used to distribute the cost of the b. Reached its final disposition during the b. Conviction, for purposes of this award
service to benefitted agencies, and a most recent five year period; and term and condition, means a judgment or
summary schedule showing the allocation of c. If one of the following: conviction of a criminal offense by any court
each service to the specific benefitted (1) A criminal proceeding that resulted in of competent jurisdiction, whether entered
agencies. If any self-insurance funds or fringe a conviction, as defined in paragraph 5 of upon a verdict or a plea, and includes a
benefits costs are treated as allocated (rather this award term and condition; conviction entered upon a plea of nolo
than billed) central services, documentation (2) A civil proceeding that resulted in a contendere.
discussed in subsections 3.b. and c. must also finding of fault and liability and payment of c. Total value of currently active grants,
be included. a monetary fine, penalty, reimbursement, cooperative agreements, and procurement
* * * * * restitution, or damages of $5,000 or more; contracts includes—
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(3) An administrative proceeding, as (1) Only the Federal share of the funding
Appendix VII to Part 75—[Amended] defined in paragraph 5 of this award term under any Federal award with a recipient
and condition, that resulted in a finding of cost share or match; and
■ 200. Amend Appendix VII to Part 75, fault and liability and your payment of either (2) The value of all expected funding
Section A.3. by adding ‘‘or at their Web a monetary fine or penalty of $5,000 or more increments under a Federal award and
site’’ after ‘‘Cost Allocation Services’’ in or reimbursement, restitution, or damages in options, even if not yet exercised
the last sentence. excess of $100,000; or B. [Reserved]
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PART 87—EQUAL TREATMENT FOR ■ a. In paragraph (d)(1) by removing ‘‘45 PART 265—DATA COLLECTION AND
FAITH-BASED ORGANIZATIONS CFR 92.31’’ and adding in its place ‘‘45 REPORTING REQUIREMENTS
CFR 75.318’’;
■ 205. The authority citation for part 87 ■ 224. The authority citation for part
■ b. In paragraph (d)(2) by removing ‘‘45
continues to read as follows: 265 continues to read as follows:
CFR 92.31(c)’’ and adding in its place 45
Authority: 5 U.S.C. 301. CFR 75.318(c)’’; Authority: 42 U.S.C. 603, 605, 607, 609,
■ c. In paragraph (d)(3) by removing ‘‘45
611, and 613; Pub. L. 109–171.
§ 87.1 [Amended]
CFR 92.31(a)’’ and adding in its place 45 § 265.7 [Amended]
■ 206. Amend § 87.1(b) in the last CFR 75.318(a)’’;
sentence by removing ‘‘45 CFR parts 74, ■ 225. Amend § 265.7 in paragraph
■ d. in paragraph (d)(4) by removing ‘‘45 (d)(4) by removing ‘‘§ 92.20(a) of this
92, and 96’’ and adding in its place ‘‘45 CFR 92.22’’ and adding in its place ‘‘45
CFR parts 75 and 96’’. title’’ and adding in its place
CFR part 75, subpart E’’; ‘‘§ 75.302(a) of this title’’ and in
§ 87.2 [Amended] ■ e. In paragraph (d)(5) by removing ‘‘45 paragraph (f) by removing ‘‘§ 92.42 of
■ 207. Amend § 87.2(b) in the last CFR 92.25’’ and adding in its place ‘‘45 this title’’ and adding in its place
sentence by removing ‘‘45 CFR parts 74, CFR 75.307’’; and ‘‘§§ 75.361 through 75.370 of this title’’.
92, and 96’’ and adding in its place ‘‘45 ■ f. In paragraph (d)(6) by removing ‘‘45
CFR parts 75 and 96’’. CFR 92.36’’ and adding in its place ‘‘45 PART 286—TRIBAL TANF
CFR 75.326 through 75.340’’. PROVISIONS
PART 95—GENERAL ■ 226. The authority citation for part
ADMINISTRATION—GRANT PART 261—ENSURING THAT
RECIPIENTS WORK 286 continues to read as follows:
PROGRAMS (PUBLIC ASSISTANCE,
MEDICAL ASSISTANCE AND STATE Authority: 42 U.S.C. 601, 604, and 612;
■ 216. The authority citation for part Public Law 111–5.
CHILDREN’S HEALTH INSURANCE
261 continues to read as follows:
PROGRAMS) § 286.30 [Amended]
Authority: 42 U.S.C. 601, 602, 607, and
■ 208. The authority citation for part 95 609; P.L. 109–171. ■ 227. Amend § 286.30 in paragraph (c)
continues to read as follows: by removing ‘‘45 CFR part 92’’ and
■ 217. Amend § 261.64(c) by removing adding in its place ‘‘45 CFR part 75’’
Authority: 5 U.S.C. 301, 42 U.S.C. 622(b), ‘‘the single audit under OMB Circular and in paragraph (f)(2) by removing ‘‘45
629b(a), 652(a), 652(d), 654A, 671(a), 1302, A–133’’ and adding in its place ‘‘45 CFR CFR part 92 and OMB Circulars
and 1396a(a). part 75, subpart F’’. A–87 and A–133’’ and adding in its
§ 95.613 [Amended] place ‘‘45 CFR part 75’’.
PART 262—ACCOUNTABILITY
■ 209. Amend § 95.613(a) in the first PROVISIONS—GENERAL § 286.45 [Amended]
sentence by removing ‘‘part 92’’ and ■ 228. Amend § 286.45 in paragraph (c)
adding in its place ‘‘part 75’’ and in the ■ 218. The authority citation for part
by removing ‘‘OMB Circular A–87’’ and
second sentence by removing 262 continues to read as follows:
adding in its place ‘‘45 CFR part 75,
‘‘§ 92.36(c)’’ and adding in its place Authority: 31 U.S.C. 7501 et seq.; 42 U.S.C. subpart E’’ and in paragraph (d) by
‘‘§ 75.328’’. 606, 609, and 610; Pub. L. 109–171. removing ‘‘OMB Circular A–133 and in
§ 95.621 [Amended] ■ 219. Amend § 262.3 in paragraph (a) 45 CFR part 92’’ and adding in its place
by removing ‘‘OMB Circular A–133’’ ‘‘45 CFR part 75’’.
■ 210. Amend § 95.621(d) by removing
and adding in its place ‘‘45 CFR part 75,
‘‘part 92’’ and adding in its place ‘‘part § 286.200 [Amended]
subpart F’’ and in paragraph (f) by
75’’. ■ 229. Amend § 286.200(b) by removing
removing ‘‘§ 92.42 of this title’’ and
§ 95.705 [Amended] adding in its place ‘‘45 CFR 75.361 ‘‘45 CFR part 92, OMB Circulars A–87
through 75.370’’. and A–133’’ and adding in its place ‘‘45
■ 211. Amend § 95.705(a) in the last CFR part 75’’.
sentence by removing ‘‘part 92’’ and
PART 263—EXPENDITURES OF STATE
adding in its place ‘‘part 75’’. § 286.205 [Amended]
AND FEDERAL TANF FUNDS
§ 95.707 [Amended]
■ 230. Amend § 286.205 in paragraph
■ 220. The authority citation for part (b)(3)(iv) by removing ‘‘45 CFR part 92
■ 212. Amend § 95.707(a) by removing 263 continues to read as follows: and all relevant OMB circulars’’ and
‘‘§ 92.32, Equipment’’ and adding in its adding in its place ‘‘45 CFR part 75’’
place ‘‘§ 75.320’’. Authority: 42 U.S.C. 604, 607, 609, and
862a; Pub. L. 109–171. and in paragraph (c) by removing ‘‘45
CFR part 92 and all relevant OMB
PART 98—CHILD CARE AND § 263.2 [Amended] circulars’’ and adding in its place ‘‘45
DEVELOPMENT FUND
■ 221. Amend § 263.2(e)(1) by removing CFR part 75’’.
■ 213. The authority citation for part 98 ‘‘45 CFR 92.3 and 92.24’’ and adding in
§ 286.270 [Amended]
continues to read as follows: its place ‘‘45 CFR 75.2 and 75.306’’.
■ 231. Amend § 286.270(b) by removing
Authority: 42 U.S.C. 618, 9858. § 263.11 [Amended] ‘‘45 CFR part 92, OMB Circulars A–87
§ 98.60 [Amended] ■ 222. Amend § 263.11(b) by removing and A–133’’ and adding in its place ‘‘45
‘‘the provisions of part 92 of this title, CFR part 75’’.
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■ 214. Amend § 98.60(d)(4)(ii) by
removing ‘‘45 CFR 92.3, Obligations and or OMB Circular A–87’’ and adding in
PART 287—THE NATIVE
Outlays (expenditures)’’ and adding in its place ‘‘or part 75 of this title’’.
EMPLOYMENT WORKS (NEW)
its place ‘‘45 CFR 75.2’’. ■ 223. Amend § 263.14 by removing
PROGRAM
‘‘OMB Circular A–87 (2 CFR part 225)’’
§ 98.84 [Amended] and adding in its place ‘‘subpart E of ■ 232. The authority citation for part
■ 215. Amend § 98.84: part 75 of this title’’. 287 continues to read as follows:
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![Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 3021
Authority: 42 U.S.C. 612. PART 304—FEDERAL FINANCIAL PART 400—REFUGEE
§ 287.60 [Amended] PARTICIPATION RESETTLEMENT PROGRAM
■ 233. Amend § 287.60 in paragraph (a) ■ 241. The authority citation for part ■ 251. The authority citation for part
by removing ‘‘45 CFR 92.41’’ and adding 304 continues to read as follows: 400 continues to read as follows:
in its place 45 CFR 75.341’’ and in Authority: 42 U.S.C. 651 through 655, 657,
paragraph (b) by removing 45 CFR Authority: Section 412(a)(9), Immigration
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o),
92.26’’ and adding in its place ‘‘45 CFR and Nationality Act (8 U.S.C. 1522(a)(9)).
1396b(p), and 1396(k).
part 75, subpart F’’.
§ 304.10 [Amended] § 400.11 [Amended]
PART 301—STATE PLAN APPROVAL ■ 242. Amend § 304.10 by removing ■ 252. Amend § 400.11(c) by removing
AND GRANT PROCEDURES ‘‘part 74 of this title (with the exception ‘‘§ 74.73(a)’’ and adding in its place
■ 234. The authority citation for part of 45 CFR 74.23, Cost Sharing or ‘‘§ 75.341’’.
301 continues to read as follows: Matching and 45 CFR 74.52, Financial
Reporting)’’ and adding in its place § 400.28 [Amended]
Authority: 42 U.S.C. 651 through 658,
659a, 660, 664, 666, 667, 1301, and 1302.
‘‘part 75 of this title (with the exception ■ 253. Amend § 400.28 in paragraph (a)
of 45 CFR 75.306 and 75.341)’’. introductory text by removing ‘‘part 74,
§ 301.15 [Amended] Subpart D of this title’’ and adding in its
§ 304.20 [Amended]
■ 235. Amend § 301.15 by revising place ‘‘45 CFR 75.361 through 75.370’’.
paragraph (e) to read as follows: ■ 243. Amend § 304.20(b)(1)(iii) by
removing ‘‘45 CFR 74.40 et seq.’’ and PART 1000—INDIVIDUAL
§ 301.15 Grants. adding in its place ‘‘45 CFR 75.326 DEVELOPMENT ACCOUNT RESERVE
* * * * * through 75.340’’. FUNDS ESTABLISHED PURSUANT TO
(e) General administrative GRANTS FOR ASSETS FOR
§ 304.25 [Amended]
requirements. With the following INDEPENDENCE
exceptions, the provisions of part 75 of ■ 244. Amend § 304.25(a) in the first
this title, establishing uniform sentence by removing ‘‘part 74 of this ■ 254. The authority citation for part
administrative requirements and cost title’’ and adding in its place ‘‘part 75 1000 continues to read as follows:
principles, shall apply to all grants of this title’’.
Authority: 42 U.S.C. 604 nt.
made to States under this part:
PART 309—TRIBAL CHILD SUPPORT
45 CFR Part 75 § 1000.3 [Amended]
ENFORCEMENT (IV–D) PROGRAM
45 CFR 75.306 Cost sharing or ■ 255. Amend § 1000.3 in paragraph (a)
■ 245. The authority citation for part
matching. by removing ‘‘45 CFR part 74’’ and
309 continues to read as follows:
adding in its place ‘‘45 CFR part 75’’
45 CFR 75.341 Financial reporting. Authority: 42 U.S.C. 655(f), 1302. and in paragraph (b) by removing ‘‘45
* * * * * § 309.85 [Amended]
CFR part 92’’ and adding in its place
‘‘45 CFR part 75’’.
PART 302—STATE PLAN ■ 246. Amend § 309.85(b) by removing
REQUIREMENTS ‘‘45 CFR 74.53’’ and adding in its place PART 1301—HEAD START GRANTS
‘‘45 CFR 75.361 through 75.370’’. ADMINISTRATION
■ 236. The authority citation for part
302 continues to read as follows: § 309.130 [Amended]
■ 256. The authority citation for part
Authority: 42 U.S.C. 651 through 658, ■ 247. Amend § 309.130 in paragraph 1301 continues to read as follows:
659a, 660, 664, 666, 667, 1302, 1396a(a)(25), (d)(3) by removing ‘‘45 CFR 74.23’’ and
1396b(d)(2), 1396b(o), 1396b(p), and 1396(k). adding in its place ‘‘45 CFR 75.306’’ and Authority: 42 U.S.C. 9801 et seq.
in paragraph (h) by removing ‘‘part 74’’ § 1301.10 [Amended]
§ 302.14 [Amended] and adding in its place ‘‘part 75’’.
■ 237. Amend § 302.14 by removing ‘‘45 ■ 257. Amend § 1301.10:
CFR part 74’’ and adding in its place § 309.145 [Amended]
■ a. In paragraph (a) by removing ‘‘45
‘‘45 CFR part 75’’. ■ 248. Amend § 309.145 in paragraph CFR part 74 Administration of grants’’
(a)(3) introductory text by removing ‘‘45 and ‘‘45 CFR part 75 Informal grant
§ 302.15 [Amended]
CFR part 74’’ and adding in its place appeals procedures (indirect cost rates
■ 238. Amend § 302.15(a)(7) by ‘‘45 CFR part 75’’ and in paragraph (o)
removing ‘‘45 CFR part 74’’ and adding and other cost allocations)’’ and adding
introductory text by removing ‘‘OMB in alphanumeric order ‘‘45 CFR part 75
in its place ‘‘45 CFR part 75’’. Circular A–87’’ and adding in its place Uniform Administrative Requirements,
PART 303—STANDARDS FOR ‘‘45 CFR part 75, subpart E’’. Cost Principles and Audit Requirements
PROGRAM OPERATIONS § 309.150 [Amended] for HHS Awards’’; and
■ 239. The authority citation for part ■ 249. Amend § 309.150(d) by removing ■ b. In paragraph (b):
303 continues to read as follows: ‘‘OMB Circular A–87’’ and adding in its ■ i. In the introductory text by removing
Authority: 42 U.S.C. 651 through 658,
place ‘‘45 CFR part 75, subpart E’’. ‘‘45 CFR part 74’’ and adding in its
659a, 660, 663, 664, 666, 667, 1302, § 309.160 [Amended]
place ‘‘45 CFR part 75’’;
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1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p) ■ ii. In paragraph (b)(1), by removing
and 1396(k). ■ 250. Amend § 309.160 by removing
‘‘OMB Circular A–133,‘Audits of States, ‘‘§ 74.15 of part 74’’ and adding in its
§ 303.11 [Amended] Local Governments, and Non-Profit place ‘‘§ 75.334 of part 75’’; and
■ 240. Amend § 303.11(d) by removing Organizations’ and 45 CFR part 74’ ’’ ■ iii. In paragraph (b)(2) by removing
‘‘45 CFR part 74’’ and adding in its and adding in its place ‘‘45 CFR part ‘‘§ 74.61 of part 74’’ and adding in its
place ‘‘45 CFR part 75’’. 75’’. place ‘‘subpart F of part 75’’.
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![3022 Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations
PART 1304—PROGRAM Authority: 42 U.S.C. 3001 et seq.; title III PART 1336—NATIVE AMERICAN
PERFORMANCE STANDARDS FOR of the Older Americans Act, as amended. PROGRAMS
THE OPERATION OF HEAD START ■ 270. Amend § 1321.5 by revising
paragraph (b) and removing and ■ 277. The authority citation for part
PROGRAMS BY GRANTEE AND
reserving paragraph (g). 1336 continues to read as follows:
DELEGATE AGENCIES
The revision reads as follows: Authority: 42 U.S.C. 2991 et seq.
■ 258. The authority citation for part
1304 continues to read as follows: § 1321.5 Applicability of other regulations. § 1336.50 [Amended]
Authority: 42 U.S.C. 9801 et seq. * * * * * ■ 278. In § 1336.50, amend paragraph
(b) 45 CFR part 75—Uniform (a) by removing ‘‘45 CFR part 74—
§ 1304.60 [Amended] Administrative Requirements, Cost Administration of grants’’ and ‘‘45 CFR
■ 259. Amend § 1304.60(f) by removing Principles, and Audit Requirements for part 75—Informal grant appeals
‘‘45 CFR part 74 or part 92’’ and adding HHS Awards, except § 75.206 procedures (indirect cost rates and other
in its place ‘‘45 CFR part 75’’, and * * * * * cost allocations)’’ and adding in
removing ‘‘45 CFR 74.61(a)(1), 45 CFR alphanumeric order ‘‘45 CFR part 75—
74.62 and 45 CFR 92.43(a)’’ and adding § 1321.67 [Amended] Uniform Administrative Requirements,
in its place ‘‘45 CFR 75.371 through ■ 271. Amend § 1321.67(b)(1) by Cost Principles, and Audit
75.372’’. removing ‘‘45 CFR 92.25(g) (2) and (3)’’ Requirements for HHS Awards’’ and
and adding in its place ‘‘45 CFR amend paragraph (f) by removing
PART 1309—HEAD START FACILITIES 75.307(e)(2) and (3)’’. ‘‘§ 74.3 of this title’’ and adding in its
PURCHASE, MAJOR RENOVATION place ‘‘§ 75.2 of this title’’
AND CONSTRUCTION § 1321.73 [Amended]
■ 272. Amend § 1321.73 by removing § 1336.52 [Amended]
■ 260–261. The authority citation for ‘‘45 CFR 92.25(g)(2)’’ and adding in its ■ 279. Amend § 1336.52(b) by removing
part 1309 continues to read as follows: place ‘‘§ 75.307(e)(3)’’, removing ‘‘45 CFR 74.110–74.116’’ and adding in
Authority: 42 U.S.C. 9801 et seq. ‘‘§ 92.25(g)(3)’’ and adding in its place its place ‘‘45 CFR 75.371 through
‘‘§ 75.307(e)(2), and removing 75.380’’.
§ 1309.21 [Amended]
‘‘§ 92.25(g)(1)’’ and adding in its place
■ 262. Amend § 1309.21(e) by removing § 1336.77 [Amended]
‘‘§ 75.307(e)(1)’’.
‘‘45 CFR parts 74 or 92’’ and adding in ■ 280. Amend § 1336.77 in paragraph
its place ‘‘45 CFR part 75’’. PART 1326—GRANTS TO INDIAN (a)(1) by removing ‘‘45 CFR part 74’’ and
TRIBES FOR SUPPORT AND adding in its place ‘‘45 CFR part 75,
§ 1309.22 [Amended]
NUTRITION SERVICES subpart E’’ and in paragraph (b) by
■ 263. Amend § 1309.22(c) by removing removing ‘‘45 CFR part 74’’ and adding
‘‘45 CFR 74.2, or, if part 92 is ■ 273. The authority citation for part in its place ‘‘45 CFR part 75’’.
applicable, to ACF’s share as defined in 1326 continues to read as follows:
45 CFR 92.3’’ and adding in its place Authority: 42 U.S.C. 3001; Title VI, Part A PART 1355—GENERAL
‘‘45 CFR 75.2’’. of the Older Americans Act. ■ 281. The authority citation for part
§ 1309.31 [Amended] ■ 274. In § 1326.5, remove and reserve 1355 continues to read as follows:
■ 264. Amend § 1309.31(b) by removing paragraph (b) and revise paragraph (c).
Authority: 42 U.S.C. 620 et seq., 42 U.S.C.
‘‘45 CFR part 74 and 45 CFR part 92’’ The revision reads as follows:
670 et seq.; 42 U.S.C. 1302.
and adding in its place ‘‘45 CFR part § 1326.5 Applicability of other regulations. ■ 282. Amend § 1355.30 by revising
75’’. paragraph (i) to read as follows:
* * * * *
§ 1309.32 [Amended] (c) 45 CFR part 75—Uniform § 1355.30 Other applicable regulations.
■ 265. Amend § 1309.32(b) by removing Administrative Requirements, Cost
Principles, and Audit Requirements for * * * * *
‘‘45 CFR parts 74 and 92’’ and adding (i) 45 CFR part 75—Uniform
in its place ‘‘45 CFR part 75’’. HHS Awards.
Administrative Requirements, Cost
* * * * * Principles, and Audit Requirements for
§ 1309.34 [Amended]
HHS Awards. Part 75 of this title is
■ 266. Amend § 1309.34 by removing PART 1328—GRANTS FOR
applicable to title IV–B programs and
‘‘45 CFR part 74 and 45 CFR part 92’’ SUPPORTIVE AND NUTRITIONAL
the John H. Chafee Foster Care
and adding in its place ‘‘45 CFR part SERVICES TO OLDER HAWAIIAN
Independence Program under Section
75’’. NATIVES
477 of the Act that are operated by
§ 1309.43 [Amended] ■ 275. The authority citation for part States and/or Tribes. Part 75 of this title
■ 267. Amend § 1309.43 by removing 1328 continues to read as follows: is applicable to title IV–E foster care and
‘‘45 CFR part 74 and 45 CFR part 92’’ Authority: 42 U.S.C. 3001; Title VI Part B adoption assistance programs operated
and adding in its place ‘‘45 CFR part of the Older Americans Act. by a State title IV–E agency, except that
75’’. ■ 276. In § 1328.5, remove and reserve section 75.306 Cost sharing or matching
paragraph (b) and revise paragraph (c). and section 75.341 Financial reporting
§ 1309.52 [Amended] do not apply. Part 75 of this title is
The revision reads as follows:
■ 268. Amend § 1309.52(a) by removing applicable to title IV–E foster care and
‘‘45 CFR parts 74 or 92’’ and adding in § 1328.5 Applicability of other regulations. adoption assistance programs operated
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its place ‘‘45 CFR part 75’’. * * * * * by a Tribal title IV–E agency pursuant
(c) 45 CFR part 75—Uniform to section 479B, except that section
PART 1321—GRANTS TO STATE AND Administrative Requirements, Cost 75.341 and the sections specified in
COMMUNITY PROGRAMS ON AGING Principles, and Audit Requirements for § 1356.68 do not apply to a Tribal title
■ 269. The authority citation for part HHS Awards. IV–E agency.
1321 continues to read as follows: * * * * * * * * * *
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![Federal Register / Vol. 81, No. 12 / Wednesday, January 20, 2016 / Rules and Regulations 3023
PART 1357—REQUIREMENTS DATES: This final rule is effective the ESA defines a ‘‘species’’ to include
APPLICABLE TO TITLE IV–B February 19, 2016. ‘‘any subspecies of fish or wildlife or
ADDRESSES: Chief, Endangered Species plants, and any distinct population
■ 283. The authority citation for part Division, NMFS Office of Protected segment of any species of vertebrate fish
1357 continues to read as follows: Resources (F/PR3), 1315 East West or wildlife which interbreeds when
Authority: 42 U.S.C. 620 et seq., 42 U.S.C. Highway, Silver Spring, MD 20910, mature.’’
670 et seq.; 42 U.S.C. 1302. USA. Section 3 of the ESA defines an
§ 1357.30 [Amended] FOR FURTHER INFORMATION CONTACT: endangered species as ‘‘any species
Therese Conant or Maggie Miller, which is in danger of extinction
■ 284. Amend § 1357.30 in paragraph throughout all or a significant portion of
(d) by removing ‘‘45 CFR 92.43 and NMFS, Office of Protected Resources,
(301) 427–8403. its range’’ and a threatened species as
92.44’’ and adding in its place ‘‘45 CFR one ‘‘which is likely to become an
75.371 through 75.372’’ and in SUPPLEMENTARY INFORMATION:
endangered species within the
paragraph (e) introductory text by Background foreseeable future throughout all or a
removing ‘‘45 CFR part 92’’ and adding significant portion of its range.’’ We
in its place ‘‘45 CFR part 75’’. On July 15, 2013, we received a
petition from WildEarth Guardians to interpret an ‘‘endangered species’’ to be
§ 1357.40 [Amended] list 81 marine species as threatened or one that is presently in danger of
■ 285. In § 1357.40, amend paragraph endangered under the Endangered extinction. A ‘‘threatened species,’’ on
(d)(5)(i) by removing ‘‘45 CFR 92.43 and Species Act (ESA). We found that the the other hand, is not presently in
92.44’’ and adding in its place ‘‘45 CFR petitioned actions may be warranted for danger of extinction, but is likely to
75.371 through 75.372’’ and amend 27 of the 81 species and announced the become so in the foreseeable future (that
paragraph (d)(5)(ii) introductory text by initiation of status reviews for each of is, at a later time). In other words, the
removing ‘‘45 CFR part 92’’ and adding the 27 species (78 FR 63941, October 25, primary statutory difference between a
in its place ‘‘45 CFR part 75’’. 2013; 78 FR 66675, November 6, 2013; threatened and an endangered species is
78 FR 69376, November 19, 2013; 79 FR the timing of when a species may be in
[FR Doc. 2015–32101 Filed 1–19–16; 8:45 am]
9880, February 21, 2014; and 79 FR danger of extinction, either presently
BILLING CODE 4150–24–P (endangered) or in the foreseeable future
10104, February 24, 2014). On
December 16, 2014, we published a (threatened).
proposed rule to list the dusky sea snake When we consider whether a species
DEPARTMENT OF COMMERCE (Aipysurus fuscus) and three foreign might qualify as threatened under the
corals (Cantharellus noumeae, ESA, we must consider the meaning of
National Oceanic and Atmospheric the term ‘‘foreseeable future.’’ It is
Siderastrea glynni, and Tubastraea
Administration appropriate to interpret ‘‘foreseeable
floreana) as endangered species, and we
proposed to list the Banggai cardinalfish future’’ as the horizon over which
50 CFR Part 223 predictions about the conservation
(Pterapogon kauderni) and Harrisson’s
[Docket No. 151120999–5999–01] dogfish (Centrophorus harrissoni) as status of the species can be reasonably
threatened species (79 FR74953). We relied upon. The foreseeable future
RIN 0648–XE328 considers the life history of the species,
requested public comment on
information in the status reviews and habitat characteristics, availability of
Endangered and Threatened Wildlife
proposed rule through February 17, data, particular threats, ability to predict
and Plants; Final Listing
2015. This final rule provides a threats, and the reliability to forecast the
Determinations on Proposal To List the
discussion of the information we effects of these threats and future events
Banggai Cardinalfish and Harrisson’s
received during the public comment on the status of the species under
Dogfish Under the Endangered
period and our final determination on consideration. Because a species may be
Species Act
the petition to list the Banggai susceptible to a variety of threats for
AGENCY: National Marine Fisheries cardinalfish (Pterapogon kauderni) and which different data are available, or
Service (NMFS), National Oceanic and Harrisson’s dogfish (Centrophorus which operate across different time
Atmospheric Administration (NOAA), harrissoni) under the ESA. Our final scales, the foreseeable future is not
Commerce. determinations for the other species necessarily reducible to a particular
ACTION: Final rule. proposed for listing in the December 16, number of years.
2014, proposed rule (dusky sea snake Section 4(a)(1) of the ESA requires us
SUMMARY: In response to a petition, we, and three foreign corals) were made in to determine whether any species is
NMFS, issue a final rule to list the a prior rule (80 FR 60560). The status of endangered or threatened due to any
Banggai cardinalfish (Pterapogon the findings and relevant Federal one or a combination of the following
kauderni) as a threatened species under Register notices for those and the other five threat factors: The present or
the Endangered Species Act (ESA). We 21 species can be found on our Web site threatened destruction, modification, or
have also determined that the proposed at http://www.nmfs.noaa.gov/pr/ curtailment of its habitat or range;
listing of Harrisson’s dogfish shark species/petition81.htm. overutilization for commercial,
(Centrophorus harrissoni) as a We are responsible for determining recreational, scientific, or educational
threatened species is not warranted at whether species are threatened or purposes; disease or predation; the
this time. We will not designate critical endangered under the ESA (16 U.S.C. inadequacy of existing regulatory
habitat for Banggai cardinalfish because 1531 et seq.). To make this mechanisms; or other natural or
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the geographical areas occupied by this determination, we consider first manmade factors affecting its continued
species are entirely outside U.S. whether a group of organisms existence. We are also required to make
jurisdiction, and we have not identified constitutes a ‘‘species’’ under the ESA, listing determinations based solely on
any unoccupied areas within U.S. then whether the status of the species the best scientific and commercial data
jurisdiction that are currently essential qualifies it for listing as either available, after conducting a review of
to the conservation of this species. threatened or endangered. Section 3 of the species’ status and after taking into
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Document Created: 2016-01-19 23:44:09
Document Modified: 2016-01-19 23:44:09
| 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 | Interim final rule; technical amendments. | |
| Contact | Audrey E. Clarke, Ph.D., Division of Grants, Office of Grants and Acquisition Policy and Accountability, Office of the Assistant Secretary for Financial Resources, U.S. Department of Health and Human Services, 200 Independence Ave. SW., Room 529G.17, Washington, DC 20201; phone: (202) 720-1908; email: [email protected] | |
| FR Citation | 81 FR 3004 | |
| RIN Number | 0991-ZA46 | |
| CFR Citation | 42
CFR
38 42 CFR 50 42 CFR 51 42 CFR 51 45 CFR 1000 45 CFR 1301 45 CFR 1304 45 CFR 1309 45 CFR 1321 45 CFR 1326 45 CFR 1328 45 CFR 1336 45 CFR 1355 45 CFR 1357 45 CFR 16 45 CFR 261 45 CFR 262 45 CFR 263 45 CFR 265 45 CFR 286 45 CFR 287 45 CFR 301 45 CFR 302 45 CFR 303 45 CFR 304 45 CFR 309 45 CFR 400 45 CFR 63 45 CFR 75 45 CFR 87 45 CFR 95 45 CFR 98 | |
| CFR Associated | Disaster Assistance; Government Contracts; Grant Programs-Health; Mental Health Programs; Administrative Practice and Procedure; Conflicts of Interests; Drugs; Family Planning; Grant Programs-Science and Technology; Health Care; Reporting and Recordkeeping Requirements; Research; Science and Technology; Health Facilities; Health Records; Privacy; Blood Diseases; Colleges and Universities; Genetic Diseases; Grant Programs-Health; Maternal and Child Health; Medical Research; Recordkeeping Requirements; Communicable Diseases; Immunization; Maternal and Child Health; Reporting and Recordkeeping Requirements; Venereal Diseases; Drug Abuse; Emergency Medical Services; Mental Health Programs; Legal Services; Hawaiian; Natives; American Samoa; Hawaiian Natives; Northern Mariana Islands; Child Welfare; Adoption and Foster Care; Unemployment Compensation; Dental Health; Nutrition; Rates and Fares; Refugees; Grant Programs-Communications; Telecommunications; Loan Programs-Social Programs; Public Assistance; Programs; Accounting Auditing Administrative Practice and Procedure Colleges and Universities Cost Principles Grant Programs Grant Programs-Health Grants Administration Hospitals Indians Nonprofit Organizations Reporting and Recordkeeping Requirements and State and Local Governments; Nonprofit Organizations; Public Assistance Programs; Computer Technology; Social Security; Day Care; Grant Programs-Indians; Religious Discrimination; Reporting and Recordkeeping and Requirements |
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