Rule2024-21005
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 17, 2024
Effective
October 1, 2024
Issuing agencies
National Aeronautics and Space Administration
Abstract
This direct final rule amends NASA's regulations on Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, to align with the Office of Management and Budget's (OMB) April 2024 revisions to its guidance on grants and cooperative agreements, now titled "OMB Guidance for Federal Financial Assistance."
Full Text
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<title>Federal Register, Volume 89 Issue 180 (Tuesday, September 17, 2024)</title>
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[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Rules and Regulations]
[Pages 75947-75948]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21005]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89 , No. 180 / Tuesday, September 17, 2024 /
Rules and Regulations
[[Page 75947]]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
2 CFR Part 1800
RIN 2700-AE77
[NASA Document No: NASA-24-060; NASA-2024-0010]
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
AGENCY: National Aeronautics and Space Administration.
ACTION: Direct final rule.
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SUMMARY: This direct final rule amends NASA's regulations on Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards, to align with the Office of Management and Budget's
(OMB) April 2024 revisions to its guidance on grants and cooperative
agreements, now titled ``OMB Guidance for Federal Financial
Assistance.''
DATES: This direct final rule is effective October 1, 2024, without
further action, unless adverse comment is received by October 17, 2024.
If adverse comment is received, NASA will publish a timely withdrawal
of the rule in the Federal Register.
ADDRESSES: Submit comments identified by RIN 2700-AE77, using the
following methods:
<bullet> <a href="http://Regulations.gov">Regulations.gov</a>: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Submit
comments via the Federal eRulemaking portal by following the online
instructions for submitting comments. Please note that NASA will post
all comments on the internet without changes, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Laila Ouhamou, <a href="/cdn-cgi/l/email-protection#38745951545916574d505955574d7856594b59165f574e"><span class="__cf_email__" data-cfemail="aee2cfc7c2cf80c1dbc6cfc3c1dbeec0cfddcf80c9c1d8">[email protected]</span></a>,
telephone 202-358-9742.
SUPPLEMENTARY INFORMATION:
I. Background
On April 22, 2024, OMB issued a final rule revising the Uniform
Guidance for Federal Financial Assistance (89 FR 30046). This was the
result of a comprehensive process to revise and strengthen title 2 of
the Code of Federal Regulations (``2024 Revisions'') with multiple
opportunities for the public to provide feedback. OMB then issued OMB
Memo M-24-11, ``Reducing Burden in the Administration of Federal
Financial Assistance'' which provided implementation guidance to
agencies. This memo directs agencies to implement the 2024 Revisions
quickly and consistently but no later than October 1, 2024, and
encourages agencies to streamline communications with the public. Title
2 CFR part 1800, last amended on November 12, 2020 [85 FR 71815],
adopts OMB's guidance in subparts A through F of 2 CFR part 200 as
NASA's policies and procedures for uniform administrative requirements,
cost principles, and audit requirement for Federal awards. NASA is
updating 2 CFR part 1800 to maintain consistency with the OMB's
revisions to title 2, make technical amendments to clarify the
regulation where authorized by OMB's guidance, and implements OMB's
2024 Revisions.
The following changes are implemented by this final rule:
[ssquf] 2 CFR 1800.2 is revised to clarify that NASA's regulations
are adopted to align with the April 2024 version of title 2.
[ssquf] 2 CFR 1800.3(c) is revised to clarify that NASA requires
additional approvals for awards issued to both foreign organizations
and foreign public entities and update the current title of the office
coordinating approvals.
[ssquf] 2 CFR 1800.5 is updated to reflect the current website of
NASA's grant guidance materials.
[ssquf] 2 CFR 1800.10 is updated to remove unused acronyms.
[ssquf] 2 CFR 1800.11 is removed to avoid duplicating definitions
already defined in 2 CFR part 200.
[ssquf] 2 CFR 1800.209 through 1800.211 are revised to improve
clarity and remove duplicative language.
[ssquf] 2 CFR 1800.339 is removed to avoid duplication.
[ssquf] 2 CFR 1800.400 is removed to avoid duplication.
II. Direct Final Rule and Significant Adverse Comments
NASA has determined this rulemaking meets the criteria for a direct
final rule because it makes non-substantive changes to NASA's
regulations on Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards to align with OMB's recent
amendments to its guidance on grants and cooperative agreements, and
also falls under exemptions found in 5 U.S.C. 553(a)(2), which provides
that general notices of proposed rule making are not required to the
extent a matter relates to an agency's management of grants. No
opposition to the changes and no significant adverse comments are
expected given that OMB has already received and analyzed public
comments related to 2 CFR. However, if NASA receives significant
adverse comments, it will withdraw this direct final rule by publishing
a document in the Federal Register. A significant adverse comment is
one that explains:
(1) Why the direct final rule is inappropriate, including
challenges to the rule's underlying premise or approach; or
(2) why the direct final rule will be ineffective or unacceptable
without a change. In determining whether a comment necessitates
withdrawal of this direct final rule, NASA will consider whether it
warrants a substantive response in a notice and comment process.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to prepare an initial regulatory flexibility analysis to be
published at the time the proposed rule is published. This
[[Page 75948]]
requirement does not apply if the agency ``certifies that the rule will
not, if promulgated, have a significant economic impact on a
substantial number of small entities'' (5 U.S.C. 603). This rule aligns
NASA's regulations on uniform administrative requirements, cost
principles, and audit requirement for Federal awards with OMB's recent
amendments to its guidance on grants and cooperative agreements
published on April 22, 2024, at 89 FR 30046, which will become
effective on October 1, 2024, and does not have a significant economic
impact on a substantial number of small entities.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
Erica Jones,
NASA FAR Supplement Manager.
List of Subjects in 2 CFR Part 1800
Grant programs, Grants administration.
For reasons set forth in the preamble, NASA is amending 2 CFR part
1800 as follows:
PART 1800--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
0
1. The authority citation for part 1800 continues to read as follows:
Authority: 51 U.S.C. 20113 (e), Pub. L. 97-258, 96 Stat. 1003
(31 U.S.C. 6301 et seq.), and 2 CFR part 200.
0
2. Revise Sec. 1800.2 to read as follows:
Sec. 1800.2 Purpose.
This part adopts the Office of Management and Budget (OMB) guidance
in subparts A through F and applicable appendices of 2 CFR part 200 (as
revised in April 2024), as supplemented by this part, as the NASA
policies and procedures for uniform administrative requirements, cost
principles, and audit requirements for Federal awards. It thereby gives
regulatory effect for NASA to the OMB guidance as supplemented by this
part.
0
3. Revise Sec. 1800.3 to read as follows:
Sec. 1800.3 Applicability.
(a) This part establishes policies and procedures for grants and
cooperative agreements awarded by NASA to non-Federal entities, for-
profit organization, foreign organizations, and foreign public entities
as allowed by 2 CFR 200.101. For supplemental guidance, NASA has
adopted section numbers that correspond to those in the OMB guidance in
2 CFR part 200.
(1) Non-Federal entities must follow the policies and procedures
appearing in subparts A through F and applicable appendices of 2 CFR
part 200 and as supplemented by this part.
(2) Foreign organizations and foreign public entities must follow
the policies and procedures appearing in subparts A through E and
applicable appendices of 2 CFR part 200 and as supplemented by this
part.
(3) U.S. and foreign for-profit organizations must follow the
policies and procedures appearing in subparts A through D and
applicable appendices of 2 CFR part 200 and as supplemented by this
part. The Federal Acquisition Regulation (FAR) at 48 CFR parts 30 and
31, takes precedence over the cost principles in 2 CFR part 200,
subpart E for Federal awards to U.S. and foreign for-profit
organizations.
(b) Throughout this part, the term ``award'' refers to both
``grant'' and ``cooperative agreement'' unless otherwise indicated.
(c)(1) In general, research with foreign organizations and foreign
public entities will not be conducted through grants or cooperative
agreements, but instead will be accomplished on a no-exchange-of-funds
basis. In these cases, NASA enters into agreements undertaking projects
of international scientific collaboration. NASA's policy on performing
research with foreign organizations and foreign public entities on a
no-exchange-of-funds basis is set forth at NASA FAR Supplement (NFS)
1835.016-70 and 1835.016-72. In rare instances, NASA may enter into an
international agreement under which funds will be transferred to a
foreign recipient.
(2) Grants or cooperative agreements awarded to foreign
organizations and foreign public entities are made on an exceptional
basis only. Awards require the prior approval of the Headquarters
Office of International and Interagency Relations and the Headquarters
Office of the General Counsel. Requests to issue awards to foreign
organizations are to be coordinated through the Office of Procurement,
Procurement and Grants Policy Division.
0
4. Revise Sec. 1800.5 to read as follows:
Sec. 1800.5 Publication.
The official site for accessing the NASA grant and cooperative
agreement policies, including notices, internal guidance,
certifications, and other source information is on the internet at
<a href="https://www.nasa.gov/general/grants-policy-and-compliance-team/">https://www.nasa.gov/general/grants-policy-and-compliance-team/</a>.
Sec. 1800.6 [Removed]
0
5. Remove Sec. 1800.6.
0
6. Revise Sec. 1800.10 to read as follows:
Sec. 1800.10 Acronyms.
The following acronyms supplement the acronyms set forth at 2 CFR
200.0:
NASA National Aeronautics and Space Administration
NFS NASA FAR Supplement
Sec. 1800.11 [Removed]
0
7. Remove Sec. 1800.11.
Sec. 1800.209 [Removed]
0
8. Remove Sec. 1800.209.
0
9. Revise Sec. 1800.210 to read as follows:
Sec. 1800.210 Pre-award costs.
As authorized by 2 CFR 200.308, Revision of budget and program
plans, NASA waives the approval requirement for pre-award costs of 90
days or less. For more information on NASA's pre-award cost policy, see
NASA's policy documents at <a href="https://www.nasa.gov/general/grants-policy-and-compliance-team/">https://www.nasa.gov/general/grants-policy-and-compliance-team/</a>.
0
10. Revise Sec. 1800.211 to read as follows:
Sec. 1800.211 Information contained in a Federal award.
NASA waives the requirement for the inclusion of indirect cost
rates on any notice of Federal award for for-profit organizations.
Sec. 1800.305 [Removed]
0
11. Remove Sec. 1800.305.
Sec. 1800.339 [Removed]
0
12. Remove Sec. 1800.339.
Sec. 1800.400 [Removed]
0
13. Remove Sec. 1800.400.
[FR Doc. 2024-21005 Filed 9-16-24; 8:45 am]
BILLING CODE 7510-13-P
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