81 FR 45270 - Health and Human Services Grants Regulation
DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Register Volume 81, Issue 134 (July 13, 2016)
Federal Register Volume 81, Issue 134 (July 13, 2016)
| Page Range | 45270-45273 | |
| FR Document | 2016-15014 |
[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)] [Proposed Rules] [Pages 45270-45273] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15014] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 45 CFR Part 75 RIN 0991-AC06 Health and Human Services Grants Regulation AGENCY: Department of Health and Human Services; Office of the Assistant Secretary for Financial Resources, Division of Grants, Office of Grants Policy, Oversight, and Evaluation. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This notice of proposed rulemaking (NPRM) proposes changes to the Department of Health and Human Services' (HHS) adoption of the Office of Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (``Uniform Administrative Requirements'') published on December 19, 2014 (79 FR 75871) and the technical amendments published by HHS on January 20, 2016 (81 FR 3004). HHS codified the OMB language, with noted modifications as explained in the preamble to the December promulgation, in 45 CFR part 75. The HHS-specific modifications to the Uniform Administrative Requirements adopted prior regulatory language that was not in conflict with OMB's language, and provided additional guidance to the regulated community. Unlike all of the other modifications to the Uniform Administrative Requirements, these proposed changes, although based on existing law or HHS policy, were not previously codified in regulation. This NPRM seeks comments on these important proposed regulatory changes. DATES: To be assured consideration, comments must be received at the address provided below, no later than 5 p.m. on August 12, 2016. ADDRESSES: In commenting, please refer to file code 0991-AC06. Because of staff and resource limitations, comments must be submitted electronically to www.regulations.gov. Follow the ``Submit a comment'' instructions. FOR FURTHER INFORMATION CONTACT: Dr. Audrey Clarke at HHS at 202-720- 1908. SUPPLEMENTARY INFORMATION: Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including personally identifiable or confidential business information that is included in a comment. We post all comments received before the end of the comment period on the following Web site as soon as possible after they have been received: http://regulations.gov. Follow the search instructions on that Web site to view the public comments. Background This NPRM proposes changes to the HHS's adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards published on December 19, 2014 (79 FR 75871) and the technical amendments published by HHS on January 20, 2016 (81 FR 3004). HHS codified the OMB language, with noted modifications, in 45 CFR part 75. Unlike all of the other modifications to the Uniform Administrative Requirements, these proposed changes, although based on existing law or HHS policy, were not previously codified in regulation. This NPRM seeks comments for these important regulatory changes. In order to give full effect to other important government-wide initiatives, HHS is proposing further amendments at this time, which HHS intends to finalize as soon as possible. HHS proposes several additional changes to the codification of 2 CFR part 200 in 45 CFR part 75. First, HHS proposes to add language to 45 CFR 75.102, clarifying that the audit requirements and cost principles applicable to contracts and compacts awarded pursuant to the Indian Self Determination and Education Assistance Act (ISDEAA) are [[Page 45271]] governed by subparts E and F including Sec. 75.505 Sanctions, enforceable through Sec. 75.371 Remedies for noncompliance, and that certain other sections and subparts of these regulations do not apply to ISDEAA contracts and compacts. Notably, the ISDEAA itself specifies that contracts and compacts awarded pursuant to the ISDEAA are subject to the Single Audit Act and OMB Circulars A-133, A-87, and A-122 and that ISDEAA contracts are not subject to federal grant and cooperative agreement requirements. 25 U.S.C. 450c(f), 458aaa-5(c). In order to clarify how the Uniform Administrative Requirements interact with the prior-enacted Federal statute, and to minimize confusion regarding applicability, HHS has determined that this clarification is required. This will additionally ensure that Indian tribes and tribal organizations are fully apprised of their rights and responsibilities. Although HHS considers this amendment to be a requirement of existing statute and regulation, HHS proposes this change with notice and an opportunity for comment to ensure that the regulated community is aware of this clarification. In addition, HHS proposes to add language to clarify the meaning of disallowed cost as used in 25 U.S.C. 450j-1(f) to reflect that the meaning must adhere to the audit requirements of 45 CFR part 75, subpart F. Because subpart F applies to ISDEAA contracts and compacts, and the ISDEAA contains a stringent time limitation on certain claims pursuant to the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507), HHS proposes to clarify that the scope of the time limitation applies only to cost disallowances arising under such Act, and not to other claims or disallowances identified through other audits or investigations. Without the addition of this clarifying language a different interpretation of the time limitation (which has been adopted in a few isolated judicial and administrative cases) would place additional administrative burdens on the Indian Health Service and entities holding ISDEAA contracts and compacts by compelling the government and the entities to perform burdensome and intrusive program compliance reviews in addition to the annual single audit required by the Single Audit Act. HHS believes the proposed language avoids imposing unreasonable burdens on the government and tribes and limits the need for yearly program compliance reviews. Second, HHS proposes two changes to 45 CFR 75.300. First, HHS is codifying a prohibition in the provision of services of discrimination on the basis of age, disability, sex, race, color, national origin, religion, sexual orientation, or gender identity. This provision codifies for all HHS service grants what is already applicable for all HHS service contracts, as required by the HHS Acquisition Regulation (HHSAR) 352.237-74. The HHSAR provision makes explicit HHS's non- discrimination policy when obligating appropriations for solicitations, contracts and orders that deliver service under HHS's programs directly to the public. In order to ensure that this same provision applies equally to grants, HHS proposes an addition to make this explicit in the grants context. This provision does not apply to funding under the Temporary Assistance for Needy Families Program (TANF) (title IV-A of the Social Security Act, 42, U.S.C. 601-619). The TANF statute, 42 U.S.C. 608(d), already identifies the nondiscrimination provisions that can be applied to TANF. In addition, HHS is codifying its implementation of the decisions in U.S. v. Windsor, 570 U.S. __(2013), 133 S.Ct. 2675 and Obergefell v. Hodges, 576 U.S. __(2015), 135 S.Ct. 2584. The HHS codification of its interpretation of these Supreme Court decisions ensures that same-sex spouses, marriages, and households are treated the same as opposite-sex spouses, marriages, and households in terms of determining beneficiary eligibility or participation in grant-related activities. Because these two codifications are being proposed for consistency with law and current HHS policy, HHS believes that they are non- controversial, but nonetheless requests public comment. Third, HHS is proposing to clarify the language currently codified in 45 CFR part 75 regarding the applicability to states of certain payment provisions. Because the current language applies the provisions of Treasury--State Cash Management Improvement Act agreements and default procedures codified at 31 CFR part 205 and TM 4A-2000, and such agreements may not contain specific provisions addressed by 45 CFR 75.305, HHS seeks to modify the language to ensure clarity. In doing so, to the extent that the governing provisions are silent as to the payment provisions described in the Uniform Administrative Requirements, there should be no effect on states, as they had been subject to these same provisions pursuant to 45 CFR 92.21. However, HHS proposes the clarification so that all states are aware of the necessity to, for example, expend refunds and rebates prior to drawing down additional grant funds. Fourth, HHS is proposing to amend 45 CFR 75.365, related to restrictions on public access to records, in order to implement the President's Executive Order 13,642 (May 9, 2013), and corresponding law. See, e.g., http://www.whitehouse.gov/the-press-office/2013/05/09/executive-order-making-open-and-machine-readable-new-default-government-, and Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act of 2014, Public Law 113-76, Div. H, Sec. 527. HHS proposes to codify permissive authority for HHS awarding agencies to require public access to manuscripts, publications, and data produced under an award, consistent with applicable law. Fifth, HHS is proposing to amend 45 CFR 75.414(c) to add a provision to restrict indirect cost rates for certain grants. It is long-standing HHS policy to restrict training grants to a maximum eight percent indirect cost rate. HHS proposes additionally to impose this same limitation on foreign organizations and foreign public entities, which typically do not negotiate indirect cost rates. In the proposed rule, American University, Beirut, and the World Health Organization are exempted specifically from the indirect cost rate limitation because they are eligible for negotiated facilities and administration (F&A) cost reimbursement. This restriction on indirect costs, as indicated by 45 CFR 75.101, flows down to subawards and subrecipients. Finally, HHS proposes a new selected item of cost for codification in the cost principles as 45 CFR 75.477, regarding shared responsibility payments. As HHS has already announced in policy for the Ryan White HIV/AIDS Program, any payments or assessments imposed on an individual or individuals pursuant to 26 U.S.C. 5000A(b) as a result of any failure to maintain minimum essential coverage as required by 26 U.S.C. 5000A(a), are not allowable costs under a grant. See HAB Policy Notice 13-04, at 2-3; http://hab.hrsa.gov/manageyourgrant/pinspals/pcn1304privateinsurance.pdf. Because this is a sound public policy requirement for all grants, not just the Ryan White HIV/AIDS Program grants, HHS proposes to codify this provision in the Uniform Administrative Requirements. Furthermore, HHS proposes to adopt the same stance with regard to payments for failure to offer health coverage to employees. Because the provision codified at 26 U.S.C. 4980H has not yet been enforced against any employers, HHS has not had the need previously to announce a stance on this issue. HHS does so now, and seeks comments from the public. [[Page 45272]] Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Ch. 3506; 5 CFR 1320 Appendix A.1), HHS reviewed this NPRM and determined that there are no new collections of information contained therein. Regulatory Flexibility Act The Regulatory Flexibility Act requires that an agency provide a final regulatory flexibility analysis or to certify that the rule will not have a significant economic impact on a substantial number of small entities. This NPRM aligns 45 CFR part 75 with various regulatory and statutory provisions, implements Supreme Court decisions, and codifies long-standing policies thus clarifying and enhancing the provisions in HHS's interim final guidance issued December 19, 2014, and amended on January 20, 2016. In order to ensure that the public receives the most value, it is essential that HHS grant programs function as effectively and efficiently as possible, and that there is a high level of accountability to prevent waste, fraud, and abuse. The proposed additions provide enhanced direction for the public and will not have a significant economic impact beyond HHS's current regulations. Executive Order 12866 Determination Pursuant to Executive Order 12866, HHS has designated this NPRM to be economically non-significant. This rule is not being treated as a ``significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget. Unfunded Mandates Reform Act of 1995 Determination Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act) (2 U.S.C. 1532) requires that covered agencies prepare a budgetary impact statement before promulgating a rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires covered agencies to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. HHS has determined that this NPRM will not result in expenditures by State, local, and tribal governments, or by the private sector, of $100 million or more in any one year. Accordingly, HHS has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Executive Order 13132 Determination HHS has determined that this NPRM does not have any Federalism implications, as required by Executive Order 13132. Sylvia M. Burwell, Secretary, Department of Health and Human Services. List of Subjects in 45 CFR Part 75 Accounting, Administrative practice and procedure, Cost principles, Grant programs, Grant programs--health, Grants administration, Hospitals, Indians, Nonprofit organizations reporting and recordkeeping requirements, and State and local governments. For the reasons set forth in the preamble, part 75 of title 45 of the Code of Federal Regulations is proposed to be amended as follows: 0 1. The authority citation for 45 CFR part 75 continues to read as follows: Authority: 5 U.S.C. 301. 0 2. Amend Sec. 75.101 by adding paragraph (f) to read as follows: Sec. 75.101 Applicability. * * * * * (f) Section 75.300(c) does not apply to the Temporary Assistance for Needy Families Program (title IV-A of the Social Security Act, 42 U.S.C. 601-619). 0 3. Amend Sec. 75.102 by adding paragraph (e) to read as follows: Sec. 75.102 Exceptions. * * * * * (e)(1) Indian tribes and tribal organizations carrying out a compact or contract under the ISDEAA must comply with Subpart E, Cost Principles, and Subpart F, Audit Requirements, including Sec. 75.505 Sanctions, enforceable through Sec. 75.371 Remedies for noncompliance. References to cost principles and audit requirements in the ISDEAA and its implementing regulations, including OMB Circulars A-87, A-122, and A-133 (which were superseded by 2 CFR 200), shall be deemed to be references to subparts E and F. Except for statutorily mandated grants added to a funding agreement in accordance with 42 CFR part 137, subpart F, certain sections of this part, applicable to grants and cooperative agreements, do not apply to ISDEAA contracts and compacts, including 45 CFR 75.111, 75.112, and 75.113 and subparts C and D. (2) Cost disallowances to which the limitation on remedies under 25 U.S.C. 450j-1(f) applies shall include only disallowed costs that are identified through a Single Agency Audit conducted pursuant to the Single Audit Act and subject to the requirements of subpart F, and shall not include claims or disallowances identified through other audits or investigations. 0 4. Amend Sec. 75.300 by adding paragraphs (c) and (d) to read as follows: Sec. 75.300 Statutory and national policy requirements. * * * * * (c) It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation. Recipients must comply with this public policy requirement in the administration of programs supported by HHS awards. (d) In accordance with the Supreme Court decisions in United States v. Windsor and in Obergefell v. Hodges, all recipients must treat as valid the marriages of same-sex couples. This does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law as something other than a marriage. 0 5. Revise Sec. 75.305(a) to read as follows: Sec. 75.305 Payment. (a)(1) For states, payments are governed by Treasury-State CMIA agreements and default procedures codified at 31 CFR part 205 and TFM 4A-2000 Overall Disbursing Rules for All Federal Agencies. (2) To the extent that Treasury-State CMIA agreements and default procedures do not address expenditure of program income, rebates, refunds, contract settlements, audit recoveries and interest earned on such funds, such funds must be expended before requesting additional cash payments. * * * * * 0 6. Revise Sec. 75.365 to read as follows: Sec. 75.365 Restrictions on public access to records. Consistent with section 75.322 of this part, HHS awarding agencies may require recipients to permit public access to manuscripts, publications, and data produced under an award. However, no HHS awarding agency may place restrictions on the non-Federal entity that limit public access to the records of the non-Federal entity pertinent to a Federal award identified [[Page 45273]] in sections 75.361 through 75.364, except for protected personally identifiable information (PII) or when the HHS awarding agency can demonstrate that such records will be kept confidential and would have been exempted from disclosure pursuant to the Freedom of Information Act (5 U.S.C. 552) or controlled unclassified information pursuant to Executive Order 13556 if the records had belonged to the HHS awarding agency. The Freedom of Information Act (5 U.S.C. 552) (FOIA) does not apply to those records that remain under a non-Federal entity's control except as required under Sec. 75.322. Unless required by Federal, state, local, or tribal statute, non-Federal entities are not required to permit public access to their records identified in sections 75.361 through 75.364. The non-Federal entity's records provided to a Federal agency generally will be subject to FOIA and applicable exemptions. 0 7. In Sec. 75.414(c)(1) add paragraphs (c)(1)(i) through (iii): Sec. 75.414 Indirect (F&A) costs. * * * * * (c)(1) * * * (i) indirect costs on training grants are limited to a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000; (ii) indirect costs on grants awarded to foreign organizations and foreign public entities and performed fully outside of the territorial limits of the U.S. may be paid to support the costs of compliance with federal requirements at a fixed rate of eight percent of MTDC exclusive of tuition and related fees, direct expenditures for equipment, and subawards in excess of $25,000; and, (iii) negotiated indirect costs may be paid to the American University, Beirut, and the World Health Organization. * * * * * 0 8. Add Sec. 75.477 to read as follows: Sec. 75.477 Shared responsibility payments. (a) Payments for failure to maintain minimum essential health coverage. Any payments or assessments imposed on an individual or individuals pursuant to 26 U.S.C. 5000A(b) as a result of any failure to maintain minimum essential coverage as required by 26 U.S.C. 5000A(a) are not allowable expenses under Federal awards from an HHS awarding agency. (b) Payments for failure to offer health coverage to employees. Any payments or assessments imposed on an employer pursuant to 26 U.S.C. 4980H as a result of the employer's failure to offer to its full-time employees (and their dependents) the opportunity to enroll in minimum essential coverage under an eligible employer-sponsored plan are not allowable expenses under Federal awards from an HHS awarding agency. [FR Doc. 2016-15014 Filed 7-12-16; 8:45 am] BILLING CODE 4150-24-P
![45270 Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Proposed Rules
explain why such standards should be (5) * * * guidance to the regulated community.
used in this proposed action. (i) Location: 32°36.280′ N., 79°43.662′ Unlike all of the other modifications to
W.; 32°21.514′ N., 79°46.576′ W.; the Uniform Administrative
j. Executive Order 12898: Federal
32°20.515′ N., 79°45.068′ W.; 32°20.515′ Requirements, these proposed changes,
Actions To Address Environmental
N., 79°42.152′ W. although based on existing law or HHS
Justice in Minority Populations and Low
(ii) Size: Approximately 7.4 square policy, were not previously codified in
Income Populations
nautical miles in size. regulation. This NPRM seeks comments
Executive Order 12898 (59 FR 7629) (iii) Depth: Ranges from on these important proposed regulatory
establishes federal executive policy on approximately 30 to 45 feet (9 to 13.5 changes.
environmental justice. Its main meters). DATES: To be assured consideration,
provision directs federal agencies, to the * * * * * comments must be received at the
greatest extent practicable and (vi) Restrictions: (A) Disposal shall be address provided below, no later than 5
permitted by law, to make limited to dredged material from the p.m. on August 12, 2016.
environmental justice part of their Charleston, South Carolina, area; ADDRESSES: In commenting, please refer
mission by identifying and addressing, (B) Disposal shall be limited to to file code 0991–AC06. Because of staff
as appropriate, disproportionately high dredged material determined to be and resource limitations, comments
and adverse human health or suitable for ocean disposal according to must be submitted electronically to
environmental effects of their programs, 40 CFR 227.13; www.regulations.gov. Follow the
policies, and activities on minority (C) Disposal shall be managed by the ‘‘Submit a comment’’ instructions.
populations and low-income restrictions and requirements contained FOR FURTHER INFORMATION CONTACT: Dr.
populations in the United States. The in the currently-approved Site
EPA determined that this proposed rule Audrey Clarke at HHS at 202–720–1908.
Management and Monitoring Plan SUPPLEMENTARY INFORMATION:
will not have disproportionately high (SMMP);
and adverse human health or Inspection of Public Comments: All
(D) Monitoring, as specified in the comments received before the close of
environmental effects on minority or SMMP, is required.
low-income populations because it does the comment period are available for
not affect the level of protection * * * * * viewing by the public, including
provided to human health or the
[FR Doc. 2016–16584 Filed 7–12–16; 8:45 am] personally identifiable or confidential
environment. The EPA has assessed the BILLING CODE 6560–50–P business information that is included in
overall protectiveness of modifying the a comment. We post all comments
Charleston ODMDS against the criteria received before the end of the comment
established pursuant to the MPRSA to DEPARTMENT OF HEALTH AND period on the following Web site as
ensure that any adverse impact to the HUMAN SERVICES soon as possible after they have been
environment will be mitigated to the received: http://regulations.gov. Follow
45 CFR Part 75 the search instructions on that Web site
greatest extent practicable. We welcome
comments on this proposed action RIN 0991–AC06
to view the public comments.
related to this Executive Order. Background
Health and Human Services Grants
List of Subjects in 40 CFR Part 228 Regulation This NPRM proposes changes to the
Environmental protection, Water HHS’s adoption of the Uniform
pollution control. AGENCY: Department of Health and Administrative Requirements, Cost
Human Services; Office of the Assistant Principles, and Audit Requirements for
Authority: This action is issued under the Secretary for Financial Resources, Federal Awards published on December
authority of Section 102 of the Marine
Division of Grants, Office of Grants 19, 2014 (79 FR 75871) and the
Protection, Research, and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412. Policy, Oversight, and Evaluation. technical amendments published by
ACTION: Notice of proposed rulemaking. HHS on January 20, 2016 (81 FR 3004).
Dated: June 22, 2016. HHS codified the OMB language, with
Heather McTeer Toney, SUMMARY: This notice of proposed noted modifications, in 45 CFR part 75.
Regional Administrator, Region 4. rulemaking (NPRM) proposes changes to Unlike all of the other modifications to
For the reasons set out in the the Department of Health and Human the Uniform Administrative
preamble, the EPA proposes to amend Services’ (HHS) adoption of the Office Requirements, these proposed changes,
chapter I, title 40 of the Code of Federal of Management and Budget’s (OMB) although based on existing law or HHS
Register as follows: Uniform Administrative Requirements, policy, were not previously codified in
Cost Principles, and Audit regulation. This NPRM seeks comments
PART 228—CRITERIA FOR THE Requirements for Federal Awards for these important regulatory changes.
MANAGEMENT OF DISPOSAL SITES (‘‘Uniform Administrative In order to give full effect to other
FOR OCEAN DUMPING Requirements’’) published on December important government-wide initiatives,
19, 2014 (79 FR 75871) and the HHS is proposing further amendments
■ 1. The authority citation for part 228 technical amendments published by at this time, which HHS intends to
continues to read as follows: HHS on January 20, 2016 (81 FR 3004). finalize as soon as possible. HHS
Authority: 33 U.S.C. 1412 and 1418. HHS codified the OMB language, with proposes several additional changes to
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■ 2. Section 228.15 is amended by noted modifications as explained in the the codification of 2 CFR part 200 in 45
revising paragraphs (h)(5)(i) through (iii) preamble to the December CFR part 75. First, HHS proposes to add
and (vi) to read as follows: promulgation, in 45 CFR part 75. The language to 45 CFR 75.102, clarifying
HHS-specific modifications to the that the audit requirements and cost
§ 228.15 Dumping sites designated on a Uniform Administrative Requirements principles applicable to contracts and
final basis. adopted prior regulatory language that compacts awarded pursuant to the
* * * * * was not in conflict with OMB’s Indian Self Determination and
(h) * * * language, and provided additional Education Assistance Act (ISDEAA) are
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![Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Proposed Rules 45273
in sections 75.361 through 75.364, ■ 7. In § 75.414(c)(1) add paragraphs ■ 8. Add § 75.477 to read as follows:
except for protected personally (c)(1)(i) through (iii):
§ 75.477 Shared responsibility payments.
identifiable information (PII) or when
§ 75.414 Indirect (F&A) costs. (a) Payments for failure to maintain
the HHS awarding agency can
demonstrate that such records will be * * * * * minimum essential health coverage.
kept confidential and would have been (c)(1) * * * Any payments or assessments imposed
exempted from disclosure pursuant to (i) indirect costs on training grants are on an individual or individuals
limited to a fixed rate of eight percent pursuant to 26 U.S.C. 5000A(b) as a
the Freedom of Information Act (5
of MTDC exclusive of tuition and result of any failure to maintain
U.S.C. 552) or controlled unclassified
related fees, direct expenditures for minimum essential coverage as required
information pursuant to Executive
equipment, and subawards in excess of by 26 U.S.C. 5000A(a) are not allowable
Order 13556 if the records had belonged expenses under Federal awards from an
$25,000;
to the HHS awarding agency. The HHS awarding agency.
(ii) indirect costs on grants awarded to
Freedom of Information Act (5 U.S.C. foreign organizations and foreign public (b) Payments for failure to offer health
552) (FOIA) does not apply to those entities and performed fully outside of coverage to employees. Any payments
records that remain under a non-Federal the territorial limits of the U.S. may be or assessments imposed on an employer
entity’s control except as required under paid to support the costs of compliance pursuant to 26 U.S.C. 4980H as a result
§ 75.322. Unless required by Federal, with federal requirements at a fixed rate of the employer’s failure to offer to its
state, local, or tribal statute, non-Federal of eight percent of MTDC exclusive of full-time employees (and their
entities are not required to permit tuition and related fees, direct dependents) the opportunity to enroll in
public access to their records identified expenditures for equipment, and minimum essential coverage under an
in sections 75.361 through 75.364. The subawards in excess of $25,000; and, eligible employer-sponsored plan are
non-Federal entity’s records provided to (iii) negotiated indirect costs may be not allowable expenses under Federal
a Federal agency generally will be paid to the American University, Beirut, awards from an HHS awarding agency.
subject to FOIA and applicable and the World Health Organization. [FR Doc. 2016–15014 Filed 7–12–16; 8:45 am]
exemptions. * * * * * BILLING CODE 4150–24–P
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Document Created: 2016-07-13 01:44:12
Document Modified: 2016-07-13 01:44:12
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | To be assured consideration, comments must be received at the | |
| Contact | Dr. Audrey Clarke at HHS at 202-720- 1908. | |
| FR Citation | 81 FR 45270 | |
| RIN Number | 0991-AC06 | |
| CFR Associated | Accounting; Administrative Practice and Procedure; Cost Principles; Grant Programs; Grant Programs-Health; Grants Administration; Hospitals; Indians; Nonprofit Organizations Reporting and Recordkeeping Requirements and State and Local Governments |
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