[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 3004-3023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32101]



[[Page 3004]]

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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.

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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