81 FR 61981 - AG Order No. 3737-2016

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 174 (September 8, 2016)

The Department of Justice finalizes its implementation of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013.

[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Rules and Regulations]
[Pages 61981-61982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21452]



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Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / 
Rules and Regulations

[[Page 61981]]



DEPARTMENT OF JUSTICE

2 CFR Part 2800

28 CFR Parts 66 and 70

RIN 1121-AA81


AG Order No. 3737-2016

Federal Awarding Agency Regulatory Implementation of Office of 
Management and Budget's Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice finalizes its implementation of the 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards (Uniform Guidance) published by the 
Office of Management and Budget (OMB) on December 26, 2013.

DATES: This rule is effective September 8, 2016.

FOR FURTHER INFORMATION CONTACT: Rafael A. Madan, General Counsel, 
Office of Justice Programs, (202) 307-0790.

SUPPLEMENTARY INFORMATION: This rule makes technical corrections to, 
and finalizes, the interim final rule that was published by the 
Department of Justice (Department) on December 19, 2014, and that went 
into effect on December 26, 2014. See 79 FR 76081. The interim final 
rule added 2 CFR part 2800, which implements and supplements parts of 2 
CFR part 200 for the Department of Justice, and removed 28 CFR parts 66 
and 70, which were superseded by 2 CFR part 200.
    The Department of Justice received no comments in response to its 
portion of the interim final rule. Therefore, the interim final rule is 
finalized with no substantive changes. The Department has made minor 
technical changes to make clear that where the Department's 
implementing rule incorporates by reference other provisions of law, it 
does so by general reference, which incorporates future amendments to 
those provisions.

Regulatory Analysis

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (PRA), see 
44 U.S.C. 3506, the Department of Justice reviewed its final rule and 
determined that there are no new collections of information contained 
therein. However, the OMB uniform guidance in 2 CFR part 200 may have a 
negligible effect on burden estimates for existing information 
collections, including recordkeeping requirements for non-Federal 
entities that receive Federal awards.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) requires an agency that is 
issuing a final rule to provide a final regulatory flexibility analysis 
or to certify that the rule will not have a significant economic impact 
on a substantial number of small entities. See 5 U.S.C. 605(b). This 
rule finalizes the interim final rule implementing for the Department 
of Justice the OMB guidance at 2 CFR part 200. The OMB guidance 
consolidated and updated several guidance documents codified and 
published in various places into one omnibus document. The 
consolidation and updates are designed to streamline the Federal grant 
process, and should, as a whole, substantially simplify the 
requirements and cost principles applicable to many federally funded 
entities. Thus, the rule will not have a significant economic impact on 
a substantial number of small entities.

Executive Orders 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation, and in accordance with Executive Order 
13563, ``Improving Regulation and Regulatory Review,'' section 1(b), 
General Principles of Regulation.
    The Department of Justice has determined that this rule is a not 
``significant regulatory action'' under Executive Order 12866, section 
3(f), and accordingly this rule has not been reviewed by the Office of 
Management and Budget.
    Further, Executive Orders 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic effects, environmental 
effects, public health and safety effects, distributive impacts, and 
equity). Executive Order 13563 emphasizes the importance of quantifying 
both costs and benefits, of reducing costs, of harmonizing rules, and 
of promoting flexibility. The Department has assessed the costs and 
benefits of this regulation and believes that the regulatory approach 
selected maximizes net benefits.

Administrative Procedure Act

    The rule issued by the Department of Justice concerns matters 
relating to ``grants, benefits, or contracts,'' 5 U.S.C. 553(a)(2), and 
therefore is exempt from the requirement of prior notice and comment. 
Thus, the Department, along with other Federal grant-making agencies, 
published an interim final rule that was effective on December 26, 
2014. The Department received no comments on its interim final rule.
    Generally, those agencies that are subject to the Administrative 
Procedure Act (APA) are required to delay the effective date of their 
final regulations by 30 days after publication. See 5 U.S.C. 553(d). 
The interim final rule issued by the Department that went into effect 
on December 26, 2014, concerned matters relating to ``grants, benefits, 
or contracts,'' 5 U.S.C. 553(a)(2), and therefore was exempt from the 
requirement of a 30-day delay in the effective date. This rule 
finalizes, with non-substantive technical changes, the interim final 
rule that is already in effect, and the final rule will take effect 
upon publication in the Federal Register.

Unfunded Mandates Reform Act of 1995

Determination
    Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded 
Mandates Act), 2 U.S.C.

[[Page 61982]]

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, 2 U.S.C. 1535, also 
requires covered agencies to identify and consider a reasonable number 
of regulatory alternatives before promulgating a rule. OMB determined 
that the joint interim-final rule would not result in expenditures by 
State, local, and tribal governments, or by the private sector, of $100 
million or more in any one year. See 79 FR 75877. Thus, a budgetary 
impact statement was not required for the interim final rule, and is 
not required here.
Executive Order 13132 Determination
    The Department determined, as required by Executive Order 13132, 
``Federalism'', that the joint interim final rule did not have any 
federalism implications. This final rule similarly has no federalism 
implications.

List of Subjects

2 CFR Part 2800

    Accounting, Colleges and universities, Grant programs, Hospitals, 
Indians, Intergovernmental relations, Nonprofit organizations, 
Reporting and recordkeeping requirements.

28 CFR Part 66

    Accounting, Administrative practice and procedure, Reporting and 
recordkeeping requirements.

28 CFR Part 70

    Accounting, Administrative practice and procedure, Reporting and 
recordkeeping requirements.

    Accordingly, the interim final rule published by the Department of 
Justice on December 19, 2014, adding 2 CFR part 2800, and removing 28 
CFR parts 66 and 70, is adopted as a final rule with the following 
changes:

Title 2--Grants and Agreements

CHAPTER XXVIII--DEPARTMENT OF JUSTICE

PART 2800--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, 
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS BY THE DEPARTMENT OF 
JUSTICE

0
1. The authority citation for part 2800 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509; 28 U.S.C. 530C(a)(4); 42 
U.S.C. 3789; 2 CFR part 200.


0
2. Section 2800.101 is revised to read as follows:


Sec.  2800.101  Adoption of 2 CFR part 200.

    Under the authority listed above, the Department of Justice adopts 
the Office of Management and Budget (OMB) Guidance in 2 CFR part 200, 
except as otherwise may be provided by this Part. Unless expressly 
provided otherwise, any reference in this part to any provision of law 
not in this part shall be understood to constitute a general reference 
and thus to include any subsequent changes to the provision.

    Dated: August 31, 2016.
Loretta E. Lynch,
Attorney General.
[FR Doc. 2016-21452 Filed 9-7-16; 8:45 am]
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