Home/Federal/Federal Register/2024-21984

Rule2024-21984

Health and Human Services Adoption of the 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

October 2, 2024

Effective

October 1, 2025

Issuing agencies

Health and Human Services Department

Abstract

The Department of Health and Human Services (HHS) adopts with this rule OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, to include 12 existing HHS- specific modifications. This rule also repeals HHS' existing regulations governing the administration of HHS financial assistance awards. The existing HHS-specific modifications are described in the rule's preamble. Additionally, the rule will correct citations throughout all relevant HHS regulations.

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 191 (Wednesday, October 2, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Rules and Regulations]
[Pages 80055-80073]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-21984]

========================================================================
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.

========================================================================

Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 /
Rules and Regulations

[[Page 80055]]

DEPARTMENT OF HEALTH AND HUMAN SERVICES

2 CFR Part 300

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, 430, 433, 434, 436, 438, 440, 441, 456, 457, 1001, and 1007

45 CFR Parts 16, 63, 75, 87, 95, 98, 261, 262, 263, 265, 286, 287,
301, 302, 303, 304, 309, 400, 1000, 1303, 1321, 1336, 1355, and
1357

Health and Human Services Adoption of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal
Awards

AGENCY: Office of the Secretary, Office of the Assistant Secretary for
Financial Resources, Office of Grants, HHS.

ACTION: Interim final rule with comment period.

-----------------------------------------------------------------------

SUMMARY: The Department of Health and Human Services (HHS) adopts with
this rule OMB's Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards, to include 12 existing HHS-
specific modifications. This rule also repeals HHS' existing
regulations governing the administration of HHS financial assistance
awards. The existing HHS-specific modifications are described in the
rule's preamble. Additionally, the rule will correct citations
throughout all relevant HHS regulations.

DATES: The rule is effective October 1, 2025, except for amendatory
instruction 2, which is effective October 1, 2024.
Comment date: Comments must be received by HHS electronically
through <a href="http://www.regulations.gov">www.regulations.gov</a> no later than midnight Eastern Daylight
Time (E.D.T) on November 1, 2024.

ADDRESSES: Responses can be submitted via the Federal eRulemaking
Portal (<a href="https://www.regulations.gov/">https://www.regulations.gov/</a>).

FOR FURTHER INFORMATION CONTACT: Johanna Nestor, Director for Grants
Policy, Oversight, and Evaluation, Office of Grants at (202) 260-6118,
or via email at <a href="/cdn-cgi/l/email-protection#593e2b38372d293635303a202b3c281931312a773e362f"><span class="__cf_email__" data-cfemail="2c4b5e4d42585c4340454f555e495d6c44445f024b435a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

OMB Adoptions

After decades of utilizing various circulars to provide guidance to
agencies on federal grants, OMB engaged in a lengthy public process to
create unified, consolidated, uniform guidance that was easy to locate
and applied to all recipients regardless of recipient type. To do so,
OMB provided opportunities for the general public to comment on an
Advanced Notice of Proposed Guidance, 77 FR 11778 (Feb. 28, 2012) and a
Notice of Proposed Guidance, 78 FR 7282 (Feb. 1, 2013), before
publishing the Final Guidance, 78 FR 78590 (Dec. 26, 2013).
In 2020, OMB sought public comment on a Notice of Proposed
Guidance, 85 FR 3766 (Jan. 22, 2020), and issued revised Final
Guidance, 85 FR 49506 (Aug. 13, 2020). The 2020 revisions addressed
program development and design, measuring recipient performance to
assist Federal awarding agencies and recipients to improve program
goals and objectives, share lessons learned, and adopt promising
performance practices. In 2023, based on ongoing engagement with
Federal agencies and the broader Federal financial assistance
community, OMB again sought to update the Uniform Guidance. OMB allowed
multiple rounds of public input, through a Notice of Request for
Information, 88 FR 8480 (Feb. 9, 2023), and Notification of Proposed
Guidance, 88 FR 69390 (Oct. 5, 2023). After review and consideration of
received comments and to effectuate the goals of increasing
accessibility and equity with respect to Federal funding opportunities,
OMB updated the Uniform Guidance with an effective date of October 1,
2024. 89 FR 30046 (Apr. 22, 2024). The 2024 OMB revisions further
streamline, clarify, and update the guidance, including raising certain
thresholds, where permissible under law, in recognition of inflation
over time.
The 2024 OMB revisions to 2 CFR part 200 have three primary
objectives: (1) to reduce agency and recipient burden; (2) to clarify
sections that recipients or agencies may have interpreted in different
ways; and (3) to rewrite applicable sections in plain language,
improving flow and addressing inconsistent use of terms. In addition to
the revisions in part 200, OMB revised other parts in subtitle A of 2
CFR for similar reasons, including parts 1, 25, 170, 175, 180, 182, and
183.

HHS Adoption

HHS is the largest grant-making agency in the United States and,
historically, has had its own set of implementing regulations, codified
prior to OMB's initial streamlining efforts, at 45 CFR parts 74
(regulating awards to institutions of higher education, hospitals,
other non-profit organizations, commercial organizations, and certain
grants and agreements with states, local governments, and Indian tribal
governments), and 92 (regulating awards to state, local, and Indian
tribal governments). In 2014, the Federal grant awarding agencies,
including HHS, adopted the 2013 Final Guidance through a joint interim
final rule (IFR) with comment period. 79 FR 75871 (Dec. 19, 2014). HHS'
adoption codified the 2013 Final Guidance with HHS specific
modifications at 45 CFR part 75, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for HHS Awards. Id. In the
preamble to that rule, HHS explained all of the changes it made to the
2013 Final Guidance, each one of which was previously codified in
either 45 CFR part 74 or 92. The changes consisted of:
Format and style changes, for example:

1. Replaced ``Federal'' with ``HHS''
2. Removed titles of sections to improve readability
3. Revised numbering to allow for possible later changes
4. Revised internal citations to reflect codification in 45 CFR part
75
5. Replaced ``non-Federal entity'' with ``recipient''

Substantive changes:

1. Added acronyms and definitions, for example:
a. Commercial organization
b. Departmental Appeals Board
c. Excess property
d. Principal Investigator/Program Director
e. Suspension of award activities
2. Included additional detail, for example:
a. Examples of cost sharing

[[Page 80056]]

b. Examples of personal property
c. HHS-specific forms
d. Citations to existing HHS regulations and other statutes
including:
Nonprocurement Debarment and Suspension, 2 CFR part 376,
Procedures of the Departmental Grant Appeals Board, 45 CFR part
16,
Claims Collection, 45 CFR part 30,
Equal Treatment for Faith-Based Organizations, 45 CFR part 87,
New Restrictions on Lobbying, 45 CFR part 93, and
Metric Conversion Act
e. Supersession of HHS rules, and details regarding adoption of
45 CFR part 75
3. HHS-specific changes, for example:
a. Inclusion of appendix IX, Principles for Determining Costs
Applicable to Research and Development under Grants and Contracts
with Hospitals
b. Articulation of HHS' conflict of interest policies and
disclosures
c. Special provisions for awards to commercial organizations and
federal agencies, including application of patent law
d. Specified provisions for payments to States
e. Added additional prior approval requirement for research
patient care costs, subaward relations to the Simplified Acquisition
Threshold, and disposition of property and equipment
f. Added HHS policy related to property management
g. Reduced the period for close out
h. Added HHS select item of cost related to independent research
and development costs

With this interim final rule, HHS will forgo the separate
codification, fully adopt 2 CFR part 200, reduce the total number of
HHS-specific changes, and codify those changes in 2 CFR part 300.
Nearly all the changes HHS adopted in 2014 have been formally
adopted by OMB in the most recent Uniform Guidance, and thus are no
longer necessary. For example, the Uniform Guidance has adopted
terminology related to ``recipient'' and has expressly recognized its
applicability to awards to for-profit entities and Federal agencies. It
also modified the numbering system by eliminating individual numbers
for each definition and removed the internal titles to improve
readability. Thus, HHS will not retain those 2014 changes.
Many other HHS changes merely cite to other existing regulations or
statutes, and thus are not legally required to be included; removing
the citations has no effect on the other regulations, nor on their
applicability to the regulated community. A few changes are
articulation of HHS policy; these are better suited to sub-regulatory
guidance. HHS will move these provisions to the HHS Grants Policy
Statement (GPS). They include, for example: forms for HHS financial
assistance (previously at 45 CFR 75.206) and HHS policy on property
(previously at 45 CFR 75.316). HHS will also move the provision for the
metric system of measurement (previously at 45 CFR 75.214) to the HHS
GPS, as well as references to existing regulations that continue to be
applicable to the regulated community.
Many revisions adopted in 2014 are no longer required because HHS
policy is aligned with OMB policy. Therefore, HHS will eliminate the
changes to the closeout provisions at 45 CFR 75.381 to align with the
Uniform Guidance at 2 CFR 200.344. Likewise, HHS will not repromulgate
minor changes in 45 CFR 75.309, 75.310, 75.311, 75.313, or 75.316 to
increase clarity, and minimize the total number of HHS-specific
modifications.
As such, HHS will include only twelve HHS-specific modifications to
the Uniform Guidance that are currently codified in 45 CFR part 75.
These are not new provisions for the HHS applicant and recipient
community. All of the HHS-specific modifications have been previously
presented to the public for comment appropriately, either through the
Health and Human Services interim final rule in 2014, the HHS Notice of
Proposed Rulemaking (NPRM) in 2019, 84 FR 63831 (Nov. 19, 2019), or the
HHS NPRM in 2023, 88 FR 44750 (July 13, 2023).
HHS retains the following HHS-specific modifications in 2 CFR part
300, making minor changes to previously-promulgated regulations to
align with the text of the Uniform Guidance:

1. 2 CFR 300.106 Adoption of 2 CFR part 200, in which HHS adopts
2 CFR part 200 with modifications in 2 CFR part 300, previously
codified at 2 CFR 300.1;
2. 2 CFR 300.112 Conflict of Interest, which describes
supplementary conflict of interest requirements and directs Public
Health Service recipients to align conflict of interest policies
with requirements in 42 CFR part 50, subpart F, previously codified
at 45 CFR 75.112;
3. 2 CFR 200.218 Special provisions for awards to for-profit
organizations as recipients, which contains specific requirements
for awards to for-profit organizations such as the prohibition
against profit and program income requirements for Small Business
Innovation Research and Small Business Technology Transfer Research
(SBIR/STTR) programs, previously codified at 45 CFR 75.216, and 45
CFR 75.322(f);
4. 2 CFR 300.219 Special provisions for awards to Federal
agencies, which contains specific requirements for awards to Federal
agencies, such as program income requirements and salary and
indirect cost restrictions, previously codified at 45 CFR 75.217;
5. 2 CFR 300.300 Nondiscrimination language, which includes
recently promulgated HHS-specific nondiscrimination requirements,
previously codified at 45 CFR 75.300;
6. 2 CFR 300.305 Federal Payment, which addresses payments to
States, previously codified at 45 CFR 75.305(a);
7. 2 CFR 300.308 Revision of budget and program plans, which
requires prior approval for research patient care costs, previously
codified at 45 CFR 75.308(c)(1)(ix). We note that HHS is not
repromulgating the other two provisions that required prior
approval;
8. 2 CFR 300.315 Intangible property, which prohibits HHS from
asserting rights in inventions under awards made for primarily
educational purposes, previously codified at 45 CFR 75.307(c)(2);
9. 2 CFR 300.414 Indirect costs, which limits indirect costs on
training awards, awards to Foreign organizations, and awards to
Foreign public entities performed fully outside the US to a fixed
rate of eight percent of MTDC and allows negotiated indirect cost
rates for American University, Beirut and the World Health
Organization, which were previously codified at 45 CFR 75.414(c)(1);
10. 2 CFR 300.477 Independent research and development costs,
which defines, and describes requirements for, independent research
and development costs, previously codified at 45 CFR 75.476;
11. 2 CFR 300.478 Shared responsibility payments, which
describes requirements for payments for failure to maintain minimum
essential health coverage and failure to offer health coverage to
employees, previously codified at 45 CFR 75.477; and
12. 2 CFR part 300, Appendix IX--Principles for Determining
Costs Applicable to Research and Development Under Grants and
Contracts with Hospitals, previously codified at 45 CFR part 75,
appendix IX.

With these twelve additions, HHS will adopt 2 CFR part 200 in its
entirety. Where there are conflicts between OMB and HHS language, HHS
adopts the OMB language to ensure consistency and afford recipients the
most flexibility and least burden.

Good Cause Exception

HHS finds there is good cause under 5 U.S.C. 553(b)(B) and (d)(3)
to dispense with the opportunity for advance notice and for public
comment and good cause to publish this rule with an effective date of
October 1, 2024, for the eight provisions noted in the preamble and
reiterated below, and an effective date of October 1, 2025, for the
remainder of the provisions. As provided in section 553(b), a
department or agency may dispense with the prior notice and opportunity
for public comment requirement when the agency, for ``good cause''
finds that notice and public comment are impracticable, unnecessary, or
contrary to the public interest. With respect to this rule, advance
notice and opportunity for public comment are unnecessary.

[[Page 80057]]

After decades of utilizing various circulars to provide guidance to
agencies on federal grants, beginning in 2012, OMB engaged in a lengthy
public process to create unified, consolidated, uniform guidance that
was easy to locate, and applied to all recipients regardless of
recipient type. To do so, OMB provided opportunities for the general
public to comment on an Advanced Notice of Proposed Guidance, 77 FR
11778 (Feb. 28, 2012) and a Notice of Proposed Guidance, 78 FR 7282
(Feb. 1, 2013), before publishing the Final Guidance, 78 FR 78590 (Dec.
26, 2013).
The Federal grant awarding agencies, including HHS, adopted the
Final Guidance through a joint interim final rule (IFR) with comment
period. See 79 FR 75871 (Dec. 19, 2014). The 2014 IFR had an effective
date of December 26, 2014, with a one-year grace period for the
implementation of the procurement standards as it applied to nonprofit
organizations or institutions of higher education.\1\
---------------------------------------------------------------------------

\1\ In 2014, some agencies adopting OMB's Final Guidance found
good cause to waive agency proposed rulemaking as unnecessary,
stating that OMB had already provided the public with an opportunity
to comment through its advanced notice of proposed guidance as well
as a notice of proposed guidance. See 79 FR at 75877. As described
below, HHS believes that same reasoning supports a good cause
finding at this time.
---------------------------------------------------------------------------

HHS, through the 2014 IFR, adopted 45 CFR part 75 as its adapted
version of 2 CFR part 200 to reflect HHS grant authorities, the unique
needs of HHS awarding agencies, and the unique HHS recipient community.
See id. at 75875. As explained in the preamble to the 2014 IFR, all
HHS-specific changes to the Uniform Guidance codified in 45 CFR part 75
were taken directly from HHS' predecessor grant regulations, 45 CFR
parts 74 and 92, and approved by OMB. ``OMB has directed agencies to
adopt the uniform guidance in part 200 without change, except to the
extent that an agency can demonstrate that any conflicting agency
requirements are required by statute or regulations, or consistent with
longstanding practice and approved by OMB.'' Id. at 75877.
As part of OMB's periodic review of the Uniform Guidance, OMB
sought to make additional updates and revisions in 2020. It again
solicited feedback from the broader Federal financial assistance
community by publishing the proposed changes in the Federal Register.
See 85 FR 3766 (Jan. 20, 2020). OMB published final guidance, 85 FR
49506 (Aug. 13, 2020), with an effective date of November 12, 2020,
except for changes to 2 CFR 200.216 and 200.340, which were effective
on August 13, 2020. HHS did not adopt the 2020 revisions and is
therefore lagging behind the rest of the grant making agencies, causing
confusion and additional administrative burden for HHS recipients.
OMB again made revisions beginning in 2023. As part of that
process, OMB again sought multiple rounds of public input, through a
Notice of Request for Information, 88 FR 8480 (Feb. 9, 2023), and
Notification of Proposed Guidance, 88 FR 69390 (Oct. 5, 2023). After
review and consideration of received comments and to effectuate the
goals of increasing accessibility and equity with respect to Federal
funding opportunities, OMB updated the Uniform Guidance with an
effective date of October 1, 2024. 89 FR 30046 (Apr. 22, 2024).
To be responsive to the recipient community's inquiries regarding
HHS's plans to align with OMB and other Federal agencies and fully
adopt 2 CFR part 200, HHS now seeks to implement 2 CFR part 200 through
this IFR. Given that in 2020 and 2023, OMB sought, obtained, and
responded to public input and comment and that HHS intends to adopt all
of the current version of 2 CFR part 200, providing an additional prior
notice and comment period is unnecessary. Allowing for another round of
public comment on the same 2 CFR part 200 provisions would be both
duplicative and inefficient. Although HHS itself did not seek and
respond to these multiple rounds of comment, we have determined that
the government-wide adoption of the Uniform Guidance is of substantial
benefit to the regulated community and that seeking additional comment
is unnecessary, impracticable, and counterproductive. The Uniform
Guidance promotes uniformity, understanding, compliance, and a uniform
body of regulations across federal departments and agencies. Additional
comment on these provisions is unnecessary.
The eight provisions with an effective date of October 1, 2024, are
all provisions that HHS has either previously announced that it has
already adopted, or that have been amended by OMB to provide additional
flexibilities for recipients and subrecipients:
The provisions that HHS has already adopted are:

1. Micro-purchase and simplified acquisition thresholds as
required by Pub. L. 115-91, and OMB Memorandum 18-18; 2 CFR 200.320;
and
2. Closeout, 2 CFR 200.344. See 88 FR 63591 (Sept. 15, 2023).

The OMB updates that provide increased flexibilities are:

1. Subaward threshold for modified total direct cost
calculation, 2 CFR 200.1 modified total direct cost;
2. Equipment threshold, 2 CFR 200.1, 2 CFR 200.313(e);
3. Supplies threshold, 2 CFR 200.1, 2 CFR 200.314(a);
4. Fixed amount subaward threshold, 2 CFR 200.333;
5. De minimis indirect cost rate, 2 CFR 200.414(f); and
6. Audit threshold, 2 CFR 200.501.

Each of these items have been sought by the regulated community,
and HHS recognizes the value of having them go into effect as soon as
administratively feasible. In addition, delaying this effective date
would prevent HHS recipients from accessing these increased
flexibilities and thresholds for their HHS awards, as they will be able
to do for awards issued by other Federal agencies, thus creating both
inequities and administrative burden for recipients. As such, for
awards issued on or after October 1, 2024, HHS will use the 2 CFR part
200 citations for these provisions.
Through this IFR, HHS will adopt all of the rest of 2 CFR part 200
with an effective date of October 1, 2025. As already stated,
additional comment on these provisions is unnecessary. In addition to
the full adoption of 2 CFR part 200, this IFR will relocate twelve HHS-
specific provisions to 2 CFR part 300. HHS already sought public
comment on these provisions:
Eight of them were included in the promulgation of 45 CFR part 75.
See 79 FR 75867, 75875-76 (Dec. 19, 2014). Each of these will be moved
in substantially the same form, with only minor changes in phrasing to
conform with the text in 2 CFR part 200. These provisions are:

1. Adoption of 2 CFR part 200, currently in 2 CFR 300.1, to be
moved to 2 CFR 300.106;
2. Conflict of interest, currently at 45 CFR 75.112, to be moved
to 2 CFR 300.112;
3. Special provisions for awards to for-profit organizations as
recipients, currently at 45 CFR 75.216, to be moved to 2 CFR
300.218;
4. Special provisions for awards to Federal agencies, currently
at 45 CFR 75.217, to be moved to 2 CFR 300.219;
5. Prior approval for research patient costs, currently at 45
CFR 75.308(c)(ix), to be moved to 2 CFR 300.308;
6. Protection of recipient patent rights on awards made for
primarily educational purposes, currently at 45 CFR 75.307(c)(2), to
be moved to 2 CFR 300.315;
7. Independent research and development costs, currently at 45
CFR 75.476 to be moved to 2 CFR 300.477; and
8. Principles for determining costs applicable to research and
development under grants and contracts with hospitals,

[[Page 80058]]

currently at 45 CFR part 75, appendix IX, to be moved to 2 CFR part
300, appendix IX.

Three provisions were promulgated through a notice of proposed
rulemaking, 84 FR 63831 (Nov. 19, 2019) and final rule, 86 FR 2257
(Jan. 12, 2021).\2\ These provisions are:
---------------------------------------------------------------------------

\2\ These same provisions were also promulgated in 2016. See
notice of proposed rulemaking (NPRM), 81 FR 45270 (July 13, 2016),
and final rule (FR), 81 FR 89393 (Jan. 11, 2017).

1. Federal payments, currently at 45 CFR 75.305(a), to be moved
to 2 CFR 300.305;
2. Limitation on indirect cost rates for training grants,
currently at 45 CFR 75.414(c)(1), to be moved to 2 CFR 300.414; and
3. Shared responsibility payments, currently at 45 CFR 75.477,
to be moved to 2 CFR 300.478.

Finally, the last provision, 45 CFR 75.300 to be moved to 2 CFR
300.300, related to statutory and national policy requirements, is the
most recently promulgated. See NPRM, 88 FR 44750 (July 13, 2023), and
FR, 89 FR 36684 (May 3, 2024).\3\ There is no additional need to
provide advance notice and an opportunity for comment on these
provisions, as there are only minor modifications to ensure consistent
terminology and readability to a few of the provisions, and the rest
are being repromulgated exactly. See Priests for Life v. U.S. Dep't of
HHS, 772 F.3d 229, 276 (D.C. Cir. 2014), vacated and remanded sub nom.
Zubik v. Burwell, 578 U.S. 403 (2016) (per curiam). All HHS recipients
should already be in compliance with these provisions.
---------------------------------------------------------------------------

\3\ Similar provisions were promulgated in 2017 and 2021,
through the NPRMs and FRs already cited.
---------------------------------------------------------------------------

For the above reasons, HHS finds there is good cause to dispense
with prior public notice and the opportunity to comment before
finalizing the rule. As the Secretary issues this rule as an interim
final rule with comment, HHS will consider and address comments on
HHS's plan and timeline for implementation, including the provision of
two effective dates, that are received within 30 days of the date this
IFR is published in the Federal Register. HHS will not respond to
comments regarding OMB's 2020 or 2024 modifications to 2 CFR part 200,
or on existing HHS specific provisions merely being moved to 2 CFR part
300, as those provisions have already been subject to public input and
comment and the latter have been finalized in existing promulgated
rules.
HHS will accept comments under this interim final rule regarding
the plan and timeline for adopting the Uniform Guidance described
herein. HHS will not respond to comments regarding OMB's 2020 or 2024
modifications to 2 CFR part 200. HHS will also not respond to comments
related to the content of the HHS-specific modifications at 2 CFR 300,
as these provisions are existing HHS regulations that have been
promulgated and maintained at 45 CFR part 75, not new requirements for
the HHS applicant and recipient community.

Regulatory Analysis

Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Ch. 3506; 5 CFR 1320 Appendix A.1) (PRA), HHS reviewed this interim
final rule and determined that there are no new collections of
information contained therein. However, HHS's adoption of the Uniform
Guidance in 2 CFR part 200 may have a negligible effect on burden
estimates for existing information collections, including recordkeeping
requirements for recipients of Federal awards.

Regulatory Flexibility Act

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires an
agency that is issuing a rule subject to the notice-and-comment
provisions of the Administrative Procedure Act to provide a final
regulatory flexibility analysis or to certify that the rule will not
have a significant economic impact on a substantial number of small
entities. This interim final rule implements OMB final guidance issued
on April 22, 2024, and HHS does not expect it to have a significant
economic impact beyond the impact of the April 2024 guidance. The
proposed revisions will impact some small entities but will not have a
significant impact on a substantial number of small entities. There are
some proposed revisions that may impose a non-significant burden;
however, there are more proposed revisions that reduce burden to small
entities. When reviewing all proposed revisions, the burden that will
be reduced for recipients is much greater than the burden imposed.
Thus, HHS certifies that the rule will not have a significant economic
impact on a substantial number of small entities.
Promulgation of this interim final rule and repeal of 45 CFR part
75 will significantly streamline processes and reduce administrative
burden for federal agencies and the award recipient community,
including small entities.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act of 1995, (Pub. L. 104-4, 109 Stat.
48) requires the Department to prepare a written statement, which
includes an assessment of anticipated costs and benefits, before
proposing a rule that exceeds a statutorily imposed threshold. This
interim final rule would not result in an expenditure by State, local,
and Tribal governments, in the aggregate, or by the private sector, of
an amount in excess of the statutory threshold (2 U.S.C. 1532) in any
one year.

Executive Orders on Regulatory Review

Executive Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and Executive
Order 14094 (Modernizing Regulatory Review) direct us to assess all
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety, and other advantages; distributive impacts; and
equity). The Office of Information and Regulatory Affairs (OIRA) has
determined that this interim final rule is not a significant regulatory
action under section 3(f)(1) of E.O. 12866, as amended by E.O. 14094.
This interim final rule has, however, been designated ``a significant
regulatory action'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094. OIRA has also determined that this
regulatory action does not meet the criteria set forth in 5 U.S.C.
804(2) under the Congressional Review Act. Currently, HHS agencies,
applicants, and recipients must be familiar and comply with HHS's
implementing regulations at 45 CFR part 75, which is a separate
codification from the Uniform Guidance at 2 CFR part 200. The single
set of Federal financial assistance requirements at 2 CFR part 200 and
2 CFR part 300 resulting from this interim final rule will lessen
confusion and reduce burden for HHS applicants and recipients that
apply for and receive financial assistance from other Federal agencies
outside of HHS. This interim final rule provides consistency with other
Federal awarding agencies. Applicant and recipient entities will no
longer be required to analyze, keep track of, and implement a separate
set of regulations solely for HHS awards.
Aligning requirements for HHS recipients with those for agencies
outside of HHS reduces administrative burden for the financial
assistance applicant and recipient community overall.

Executive Order 13132 (Federalism)

Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule

[[Page 80059]]

that imposes substantial direct requirement costs on State and local
governments or has Federalism implications. The Uniform Guidance is
inherently national in scope and significance. Regardless, OMB
consulted with appropriate State and local officials prior to
finalizing its most recent update. OMB weighed carefully the interests
of those who submitted comments. The OMB revisions balance the State
interests with the need to provide Federal agencies with consistent,
uniform, efficient, and transparent guidance, which is consistent with
authorizing law. The Department has therefore determined that this
interim final rule does not impose such costs or have any Federalism
implications.

Executive Order 13175 (Tribal Consultation)

HHS has analyzed this interim final rule in accordance with the
principles and criteria contained in E.O. 13175, ``Consultation and
Coordination with Indian Tribal Governments'' 65 FR 67249 (Nov. 9,
2000). HHS determined that previous OMB tribal consultation
sufficiently covers requirements for tribal consultation, as OMB held a
Tribal consultation to solicit feedback from Tribal representatives and
HHS is adopting OMB's uniform guidance with minimally impactful changes
to tribes. HHS adopts OMB provisions that provide greater flexibility
to Tribal governments centered on procurement standards and disposition
of equipment and clarify the definition of Indian Tribes.

List of Subjects

2 CFR Part 300

Accounting, Administrative practice and procedure, Adult education,
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business
and industry, Civil rights, Colleges and universities, Communications,
Community development, Community facilities, Copyright, Credit,
Cultural exchange programs, Educational facilities, Educational
research, Education, Education of disadvantaged, Education of
individuals with disabilities, Educational study programs, Electric
power, Electric power rates, Electric utilities, Elementary and
secondary education, Energy conservation, Equal educational
opportunity, Federally affected areas, Government contracts, Grant
programs, Grants administration, Guam, Home improvement, Homeless,
Hospitals, Housing, Human research subjects, Indians, Indians-
education, Infants and children, Insurance, Intergovernmental
relations, International organizations, Inventions and patents, Loan
programs, Manpower training programs, Migrant labor, Mortgage
insurance, Nonprofit organizations, Northern Mariana Islands, Pacific
Islands Trust Territories, Privacy, Renewable energy, Reporting and
recordkeeping requirements, Rural areas, Scholarships and fellowships,
School construction, Schools, Science and technology, Securities, Small
businesses, State and local governments, Student aid, Teachers,
Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands,
Vocational education, Vocational rehabilitation, Waste treatment and
disposal, Water pollution control, Water resources, Water supply,
Watersheds, Women.

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

Diseases, Colleges and universities, Grant programs--health,
Maternal and child health, Medical research, and recordkeeping
requirements.

42 CFR Part 51b

Diseases, Grant programs--health, Immunization, Maternal and child
health, Reporting and recordkeeping requirements, Research.

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

Diseases, Grant programs--health, 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

Diseases, Grant programs--health, Health care, Health professions,
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, Health professions, Reporting and recordkeeping
requirements, Youth.

42 CFR Part 59a

Grant programs--health, Libraries, Medical research, Reporting and
recordkeeping requirements.

[[Page 80060]]

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 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 436

Aid to Families with Dependent Children, Grant programs--health,
Guam, Medicaid, Puerto Rico, Supplemental Security Income (SSI), Virgin
Islands.

42 CFR Part 438

Citizenship and naturalization, Civil rights, Grant programs--
health, Individuals with disabilities, Medicaid, Reporting and
recordkeeping requirements, Sex discrimination.

42 CFR Part 440

Citizenship and naturalization, Civil rights, Grant programs--
health, Individuals with disabilities, Medicaid, Sex discrimination.

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, Administrative practice and procedure, Adult education,
Aged, Agriculture, American Samoa, Bilingual education, Blind, Business
and industry, Civil rights, Colleges and universities, Communications,
Community development, Community facilities, Copyright, Credit,
Cultural exchange programs, Education, Education of disadvantaged,
Education of individuals with disabilities, Educational facilities,
Educational research, Educational study programs, Electric power,
Electric power rates, Electric utilities, Elementary and secondary
education, Energy conservation, Equal educational opportunity,
Federally affected areas, Government contracts, Grant programs, Grant
programs--agriculture, Grant programs--business, Grant programs--
communications, Grant programs--education, Grant programs--energy,
Grant programs--health, Grant programs--housing and community
development, Grant programs--social programs, Grants administration,
Guam, Home improvement, Homeless, Hospitals, Housing, Human research
subjects, Indians, Indians--education, Infants and children, Insurance,
Intergovernmental relations, International organizations, Inventions
and patents, Loan programs, Loan programs--agriculture, Loan programs--
business, Loan programs--communications, Loan programs--energy, Loan
programs--health, Loan programs--housing and community development,
Manpower training programs, Migrant labor, Mortgage insurance,
Nonprofit organizations, Northern Mariana Islands, Pacific Islands
Trust Territories, Privacy, Renewable Energy, Reporting and
recordkeeping requirements, Rural areas, Scholarships and fellowships,
School construction, Schools, Science and technology, Securities, Small
businesses, State and local governments, Student aid, Teachers,
Telecommunications, Telephone, Urban areas, Veterans, Virgin Islands,
Vocational education, Vocational rehabilitation, Waste treatment and
disposal, Water pollution control, Water resources, Water supply,
Watersheds, Women.

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

[[Page 80061]]

discrimination, Reporting and recordkeeping requirements.

45 CFR Part 261

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 Part 262

45 CFR Part 263

45 CFR Part 265

45 CFR Part 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 Part 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 Part 301

Child support, Grant programs--social programs, Reporting and
recordkeeping requirements.

45 CFR Part 302

Child support, Grant programs--social programs, Penalties,
Reporting and recordkeeping requirements, Unemployment compensation.

45 CFR Part 303

Child support, Grant programs--social programs, Reporting and
recordkeeping requirements.

45 CFR Part 304

Child support, Grant programs--social programs, Reporting and
recordkeeping requirements.

45 CFR Part 309

Child support, Grant programs--social programs, Indians--tribal
government, 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 1303

Administrative practice and procedure, Education of disadvantaged,
Grant programs--social programs, Individuals with disabilities, Motor
vehicles, Privacy, Real property acquisition, Reporting and
recordkeeping requirements, Transportation, Reporting and recordkeeping
requirements.

45 CFR Part 1321

Administrative practice and procedure, Aged, Conflicts of interest,
Disaster assistance, Grant programs--Indians, Grant programs--social
programs, Indians, State and local governments.

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

Adoption and foster care, Child welfare, Computer technology, Grant
programs--social programs, Reporting and recordkeeping requirements.

45 CFR Part 1357

Adoption and foster care, Child welfare, Grand programs--social
programs, Indians, Reporting and recordkeeping requirements.

For the reasons stated in the preamble, the Department of Health
and Human Services amends 2 CFR part 300, 42 CFR chapters I, IV, and V,
and 45 CFR subtitles A and B as follows:

Title 2--Grants and Agreements

PART 300--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS

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

Authority: 5 U.S.C. 301, 2 CFR part 200.

0
2. Effective October 1, 2024, Sec. 300.1 is revised to read as
follows:

Sec. 300.1 Adoption of 2 CFR Part 200.

Under the authority listed above, the Department of Health and
Human Services adopts the Office of Management and Budget (OMB)
Guidance in 2 CFR part 200, and has codified the text, with HHS-
specific amendments in 45 CFR part 75 and the following provisions of 2
CFR part 200: Sec. Sec. 200.1 (definitions of Modified Total Direct
Cost, Equipment, and Supplies), 200.313(e), 200.314(a), 200.320,
200.333, 200.344, 200.414(f), and 200.501 . Thus, this part gives
regulatory effect to the OMB guidance and supplements the guidance as
needed for the Department.

0
3. Revise part 300 to read as follows:

PART 300--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND
AUDIT REQUIREMENTS FOR FEDERAL AWARDS

Sec.
Subpart A--[Reserved]
Subpart B--General Provisions
300.106 Adoption of 2 CFR part 200.
300.112 Conflict of interest.
Subpart C--Pre-Federal Award Requirements and Contents of Federal
Awards
300.218 Special provisions for awards to for-profit organizations as
recipients.
300.219 Special provisions for awards to Federal agencies.
Subpart D--Post Federal Award Requirements
300.300 Statutory and national policy requirements.
300.305 Federal payment.
300.308 Revision of budget and program plans.
300.315 Intangible property.
Subpart E--Cost Principles
300.414 Indirect costs.

HHS Selected Items of Cost

300.477 Independent research and development costs.

[[Page 80062]]

300.478 Shared responsibility payments.
Appendices I through XII to Part 300--[Reserved]

Authority: 5 U.S.C. 301, 2 CFR part 200.

Subpart A--[Reserved]

Subpart B--General Provisions

Sec. 300.106 Adoption of 2 CFR part 200.

The Department of Health and Human Services adopts the Office of
Management and Budget (OMB) guidance in 2 CFR part 200, with the
additions included in this part and part 376 of this chapter. Thus,
this part gives regulatory effect to the OMB guidance and supplements
the guidance as needed for the Department.

Sec. 300.112 Conflict of interest.

In addition to 2 CFR 200.112, the following requirements apply:
(a) HHS agencies' conflict of interest policies must:
(1) Address conditions under which outside activities,
relationships, or financial interests are proper or improper;
(2) Provide for advance notification of outside activities,
relationships, or financial interests, and a process of review as
appropriate; and
(3) Outline how financial conflicts of interest may be addressed.
(b) Agencies with Public Health Service (PHS) funded research will
ensure that any conflict-of-interest policies are aligned with the
requirements of 42 CFR part 50, subpart F.

Subpart C--Pre-Federal Award Requirements and Contents of Federal
Awards

Sec. 300.218 Special provisions for awards to for-profit
organizations as recipients.

(a) For-profit organizations. This section contains provisions that
apply to awards to for-profit organizations. These provisions are in
addition to other applicable provisions of this part, or they make
exceptions from other provisions of this part for awards to for-profit
organizations.
(b) Prohibition against profit. Except for awards under the Small
Business Innovation Research (SBIR) and Small Business Technology
Transfer Research (STTR) programs (15 U.S.C. 638), no HHS funds may be
paid as profit to any recipient even if the recipient is a for-profit
organization. Profit is any amount in excess of allowable direct and
indirect costs.
(c) Program income. Except for grants for research, program income
earned by a for-profit organization may not be used to further eligible
project or program objectives except in the SBIR and STTR programs.
(d) For-profit organization audits. (1) For-profit organizations
that receive awards (including for-profit hospitals) have two options
regarding audits:
(i) A financial related audit of a particular award in accordance
with GAGAS, in those cases where the for-profit organization receives
awards under only one HHS program; or, if awards are received under
multiple HHS programs, a financial related audit of all awards in
accordance with GAGAS; or
(ii) An audit that meets the requirements contained in 2 CFR 200,
subpart F.
(2) For-profit organizations that receive annual awards totaling
less than the audit requirement threshold in subpart F are exempt from
HHS audit requirements for that year, but records must be available for
review by appropriate officials of Federal agencies or the GAO. (See
Sec. 200.501).
(e) Applicability. The provisions of Sec. 200.315(e) do not apply
to for-profit organizations.

Sec. 300.219 Special provisions for awards to Federal agencies.

(a) An HHS agency must have explicit statutory authority that makes
Federal agencies eligible for awards.
(b) All provisions of 2 CFR part 200, this part, and other HHS
regulations apply to Federal entities receiving Federal awards, except
for the following:
(1) Except for grants for research, any program income earned by a
Federal institution must be used under the deduction alternative. Any
program income earned after the period of performance should be
returned to the United States Treasury.
(2) No salary or fringe benefit payments may be made from HHS
agency funds to support career, career-conditional, or other Federal
employees (civilian or uniformed services) without permanent
appointments at a Federal institution receiving an award. While the
level of effort required for the project must be allowed by the
recipient as part of each individual's official duties, salary costs
associated with an individual participating in an official capacity as
a Federal employee under an award to that Federal institution are not
allowable costs under an HHS award.
(3) Federal agencies may not be reimbursed for indirect costs under
Federal awards.

Subpart D--Post Federal Award Requirements

Sec. 300.300 Statutory and national policy requirements.

In addition to 2 CFR 200.300(a), the following requirements apply:
(a) It is a public policy requirement of HHS that no person
otherwise eligible will be excluded from participation in, denied the
benefits of, or otherwise subjected to discrimination in the
administration of HHS programs, activities, projects, assistance, and
services, to the extent doing so is prohibited by Federal statute.
(b) HHS will follow all applicable Supreme Court decisions in
administering its award programs.
(c) In the statutes listed in paragraphs (c)(1) through (13) of
this section that HHS administers which prohibit discrimination on the
basis of sex, the Department interprets those provisions to include a
prohibition against discrimination on the basis of sexual orientation
and gender identity, consistent with the Supreme Court's decision in
Bostock v. Clayton County, 590 U.S. 644 (2020), and other Federal court
precedent applying Bostock's reasoning that sex discrimination includes
discrimination based on sexual orientation and gender identity. This
provision is interpretive and does not impose any substantive
obligations on entities outside the Department. This paragraph (c)
interprets the following HHS authorities that prohibit discrimination
on the basis of sex:
(1) 8 U.S.C. 1522. Authorization for programs for domestic
resettlement of and assistance to refugees.
(2) 42 U.S.C. 290cc-33. Projects for Assistance in Transition from
Homelessness.
(3) 42 U.S.C. 290ff-1. Children with Serious Emotional
Disturbances.
(4) 42 U.S.C. 295m. Title VII Health Workforce Programs.
(5) 42 U.S.C. 296g. Nursing Workforce Development.
(6) 42 U.S.C. 300w-7. Preventive Health Services Block Grant.
(7) 42 U.S.C. 300x-57. Substance Use Prevention, Treatment, and
Recovery Services Block Grant; Community Mental Health Services Block
Grant.
(8) 42 U.S.C. 708. Maternal and Child Health Block Grant.
(9) 42 U.S.C. 5151. Disaster relief.
(10) 42 U.S.C. 8625. Low Income Home Energy Assistance Program.
(11) 42 U.S.C. 9849. Head Start.
(12) 42 U.S.C. 9918. Community Services Block Grant Program.
(13) 42 U.S.C. 10406. Family Violence Prevention and Services.
(d)(1) A grant applicant or recipient may rely on applicable
Federal

[[Page 80063]]

protections for religious freedom and conscience, and application of a
particular provision(s) of this section to specific contexts,
procedures, or services shall not be required where such protections
apply.
(2) A grant applicant or recipient that seeks assurance consistent
with paragraph (d)(1) of this section regarding the application of
particular provision(s) of this part to specific contexts, procedures,
or services may do so by submitting a notification in writing to the
HHS awarding agency, the Office of the Assistant Secretary for
Financial Resources (ASFR), or the Office for Civil Rights (OCR).
Notification may be provided by the grant applicant or recipient at any
time, including before an investigation is initiated or during the
pendency of an investigation. The notification must include:
(i) The particular provision(s) of this section from which the
applicant or recipient asserts they are exempt under Federal religious
freedom or conscience protections;
(ii) The legal basis supporting the applicant's or recipient's
exemption should include the standards governing the applicable Federal
religious freedom and conscience protections, such as the provisions in
the relevant statute from which the applicant or recipient is
requesting an exemption; the Church, Coats-Snowe, and Weldon
Amendments; the generally applicable requirements of the Religious
Freedom Restoration Act (RFRA); and
(iii) The factual basis supporting the applicant's or recipient's
exemption, including identification of the conflict between the
applicant's or recipient's religious or conscience beliefs and the
requirements of this section, which may include the specific contexts,
procedures, or services that the applicant or recipient asserts will
violate their religious or conscience beliefs overall or based on an
individual matter related to a particular grant.
(3) A temporary exemption from administrative investigation and
enforcement will take effect upon the applicant's or recipient's
submission of the notification--regardless of whether the assurance is
sought before or during an investigation. The temporary exemption is
limited to the application of the particular provision(s) of the
relevant statute as applied to the specific contexts, procedures, or
services identified in the notification to the HHS awarding agency,
ASFR, or OCR.
(i) If the notification is received before an investigation is
initiated, within 30 days of receiving the notification, OCR, ASFR, or
the HHS awarding agency must provide the applicant or recipient with
email confirmation acknowledging receipt of the notification. The HHS
awarding agency, working jointly with ASFR and OCR, will then work
expeditiously to reach a determination of applicant's or recipient's
notification request.
(ii) If the notification is received during the pendency of an
investigation, the temporary exemption will exempt conduct as applied
to the specific contexts, procedures, or services identified in the
notification during the pendency of the HHS awarding agency's review
and determination, working jointly with ASFR and OCR, regarding the
notification request. The notification shall further serve as a defense
to the relevant investigation or enforcement activity regarding the
applicant or recipient until the final determination of the applicant's
or recipient's exemption assurance request or the conclusion of the
investigation.
(4) If the HHS awarding agency, working jointly with ASFR and OCR,
makes a determination to provide assurance of the applicant's or
recipient's exemption from the application of the relevant statutory
provision(s) or that modified application of certain provision(s) is
required, the HHS awarding agency, ASFR, or OCR, will provide the
applicant or recipient the determination in writing, and if granted,
the applicant or recipient will be considered exempt from OCR's
administrative investigation and enforcement with regard to the
application of that provision(s) as applied to the specific contexts,
procedures, or services provided. The determination does not otherwise
limit the application of any other provision of the relevant statute to
the applicant or recipient or to other contexts, procedures, or
services.
(5) An applicant or recipient subject to an adverse determination
of its request for an exemption assurance may appeal the Department's
determination under the administrative procedures set forth at 45 CFR
part 81. The temporary exemption provided for in paragraph (f)(3) of
this section will expire upon a final decision under 45 CFR part 81.
(6) A determination under this paragraph (d) is not final for
purposes of judicial review until after a final decision under 45 CFR
part 81.
(e) Any provision of this section held to be invalid or
unenforceable by its terms, or as applied to any person or
circumstance, shall be severable from this section and shall not affect
the remainder thereof or the application of the provision to other
persons not similarly situated or to other, dissimilar circumstances.

Sec. 300.305 Federal payment.

In addition to 2 CFR 200.305(b), the following requirement applies:
(a) For States, payments are governed by Treasury-State Cash
Management Improvement Act (CMIA) agreements and default procedures
codified at 31 CFR part 205 and TFM 4A-2000 Overall Disbursing Rules
for All Federal Agencies. To the extent that Treasury-State CMIA
agreements and default procedures do not address expenditure of program
income, rebates, refunds, contract settlements, audit recoveries and
interest earned on such funds, such funds must be expended before
requesting additional cash payments.
(b) [Reserved]

Sec. 300.308 Revision of budget and program plans.

In addition to the requirements of 2 CFR 200.308(f) a recipient or
subrecipient must also request approval from the Federal agency or
pass-through entity for the inclusion of research patient care costs in
research awards made for the performance of research work.

Sec. 300.315 Intangible property.

In addition to the requirements of 2 CFR 200.315(c), no
scholarship, fellowship, training grant, or other funding agreement
made primarily to a recipient for educational purposes will contain any
provision giving the Federal agency rights to inventions made by the
recipient or subrecipient.

Subpart E--Cost Principles

Sec. 300.414 Indirect costs.

In addition to 2 CFR 200.414(c), the following specific indirect
cost provisions apply:
(a) Indirect costs on training grants are limited to a fixed rate
of eight percent of MTDC exclusive of tuition and related fees, direct
expenditures for equipment, and subawards in excess of $25,000;
(b) Indirect costs on grants awarded to foreign organizations and
foreign public entities and performed fully outside of the territorial
limits of the U.S. may be paid to support the costs of compliance with
federal requirements at a fixed rate of eight percent of MTDC exclusive
of tuition and related fees, direct expenditures for equipment, and
subawards in excess of $25,000; and
(c) Negotiated indirect costs may be paid to the American
University, Beirut, and the World Health Organization.

[[Page 80064]]

HHS Selected Items of Cost

Sec. 300.477 Independent research and development costs.

Independent research and development is research and development
which is conducted by an organization, and which is not sponsored by
Federal or non-Federal awards, contracts, or other agreements.
Independent research and development shall be allocated its
proportionate share of indirect costs on the same basis as the
allocation of indirect costs to sponsored research and development. The
cost of independent research and development, including their
proportionate share of indirect costs, are unallowable.

Sec. 300.478 Shared responsibility payments.

(a) Payments for failure to maintain minimum essential health
coverage. Any payments or assessments imposed on an individual or
individuals pursuant to 26 U.S.C. 5000A(b) as a result of any failure
to maintain minimum essential coverage as required by 26 U.S.C.
5000A(a) with respect to any period prior to January 1, 2019, are not
allowable expenses under Federal awards from an HHS awarding agency.
(b) Payments for failure to offer health coverage to employees. Any
payments or assessments imposed on an employer pursuant to 26 U.S.C.
4980H as a result of the employer's failure to offer to its full-time
employees (and their dependents) the opportunity to enroll in minimum
essential coverage under an eligible employer-sponsored plan are not
allowable expenses under Federal awards from an HHS awarding agency.

Appendices I Through XII to Part 300--[Reserved]

Appendix IX to Part 300 [Transferred From 45 CFR Part 75, Appendix IX]

0
4. Transfer 45 CFR part 75, appendix IX, to appendix IX to part 300.

Title 42--Public Health

PART 38--DISASTER ASSISTANCE FOR CRISIS COUNSELING AND TRAINING

0
5. 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. 1110, 41 FR 15681.

0
6. Amend Sec. 38.5:
0
a. In paragraph (d) by:
0
i. Adding in alphanumeric order a listing for 2 CFR parts 200 and 300;
and
0
ii. Removing the listing ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards'';
and
0
b. In paragraph (e) by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''.
The addition reads as follows:

Sec. 38.5 Grant assistance.

* * * * *
(d) * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
* * * * *

PART 50--POLICIES OF GENERAL APPLICABILITY

0
7. 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
8. Amend Sec. 50.309 by removing ``45 CFR 75.361 et seq'' and adding
in its place ``2 CFR 200.334''.

Sec. 50.504 [Amended]

0
9. Amend Sec. 50.504 in paragraph (a)(3) by removing ``45 CFR part 75,
subpart E,'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

Sec. 50.604 [Amended]

0
10. Amend Sec. 50.604 in paragraph (i) by removing ``45 CFR 75.361''
and adding in its place ``2 CFR 200.334''.

Sec. 50.606 [Amended]

0
11. Amend Sec. 50.606 in paragraph (b) in the last sentence, by
removing ``specific award conditions under 45 CFR 75.207'' and adding
in its place ``specific conditions under 2 CFR 200.208'' and removing
``45 CFR 75.371'' and adding in its place ``2 CFR 200.339''.

0
12. Amend Sec. 50.607 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
The addition reads as follows:

Sec. 50.607 Other HHS regulations that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 51--REQUIREMENTS APPLICABLE TO THE PROTECTION AND ADVOCACY FOR
INDIVIDUALS WITH MENTAL ILLNESS PROGRAM

0
13. The authority citation for part 51 continues to read as follows:

Authority: 42 U.S.C. 10801, et seq.

0
14. Amend Sec. 51.4:
0
a. In the introductory text, by removing ``of titles 42 and 45 CFR'';
0
b. By adding in alphanumeric order an entry for 2 CFR parts 200 and
300; and
0
c. By removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 51.4 Grants administration requirements.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 51.10 [Amended]

0
15. Amend Sec. 51.10 by removing ``45 CFR Part 75'' and adding in its
place ``2 CFR parts 200 and 300''.

PART 51a--PROJECT GRANTS FOR MATERNAL AND CHILD HEALTH

0
16. 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)).

0
17. Amend Sec. 51a.7,
0
a. In paragraph (a) by adding in alphanumeric order ``2 CFR parts 200
and 300--Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards
0
b. In paragraph (b) by removing ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards.''
The addition reads as follows:

Sec. 51a.7 Which other DHHS regulations apply?

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 51b--PROJECT GRANTS FOR PREVENTIVE HEALTH SERVICES

0
18. The authority citation for part 51b continues to read as follows:

[[Page 80065]]

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
19. Amend Sec. 51b.105 by removing ``45 CFR part 75--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for HHS Awards'' and adding in alphanumeric order ``2 CFR parts 200 and
300--Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards''.

Sec. 51b.106 [Amended]

0
20. Amend Sec. 51b.106 in paragraph (d) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

PART 51c--GRANTS FOR COMMUNITY HEALTH SERVICES

0
21. 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
22. Amend Sec. 51c.107:
0
a. In paragraph (a), by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''; and
0
b. In paragraph (b)(7), by removing ``45 CFR part 75;'' and adding in
its place ``2 CFR parts 200 and 300''.

Sec. 51c.112 [Amended]

0
23. Amend Sec. 51c.112 in paragraph (c)(2)(iii) by removing ``45 CFR
75.307, 75.371 through 75.385, and 75.316-75.325'' and adding in its
place ``2 CFR 200.307, 2 CFR 200.339 through 200.344, and 200.310
through 200.316''.

Sec. 51c.113 [Amended]

0
24. Amend Sec. 51c.113, by removing ``45 CFR part 75'' in the section
heading and the text and adding in its place ``2 CFR parts 200 and
300''.

Sec. 51c.502 [Amended]

0
25. Amend Sec. 51c.502 in paragraph (a) by removing ``45 CFR 75.2''
and adding in its place ``2 CFR 200.1''.

PART 51d--MENTAL HEALTH AND SUBSTANCE ABUSE EMERGENCY RESPONSE
PROCEDURES

0
26. The authority citation for part 51d is revised to read as follows:

Authority: 42 U.S.C. 290aa(o).

0
27. Amend Sec. 51d.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 51d.8 Which other HHS regulations apply to these awards?

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 51d.10 [Amended]

0
28. Amend Sec. 51d.10 by:
0
a. Removing ``45 CFR 75.341,'' and adding in its place ``2 CFR
200.328,'' in paragraph (a)(2);
0
b. Removing ``CFR 75.342'' and adding in its place ``2 CFR 200.329,''
in paragraphs (a)(3) and (b)(1);
0
c. Removing ``45 CFR 75.341,'' and adding in its place ``2 CFR
200.328,'' in paragraph (b)(2); and
0
d. Removing ``CFR 75.342'' and adding in its place ``2 CFR 200.329,''
in paragraph (b)(4).

PART 52--GRANTS FOR RESEARCH PROJECTS

0
29. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 216.

Sec. 52.6 [Amended]

0
30. Amend Sec. 52.6 in the last sentence of paragraph (a) by removing
``45 CFR part 75, subpart E'' and adding in its place ``2 CFR parts 200
and 300, subpart E.''

0
31. Amend Sec. 52.8 by:
0
a. Adding in alphanumeric order and entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 52.8 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 52a--NATIONAL INSTITUTES OF HEALTH CENTER GRANTS

0
32. 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
33. Amend Sec. 52a.4 in paragraph (i) by removing ``45 CFR 75.307''
and adding in its place ``2 CFR 200.307''.

Sec. 52a.7 [Amended]

0
34. Amend Sec. 52a.7 by removing ``45 CFR part 75, subpart E.'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
35. Amend Sec. 52a.8 by:
0
a. Adding in alphanumeric order and entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 52a.8 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

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.

Sec. 52b.7 [Amended]

0
37. Amend Sec. 52b.7 in the last sentence of paragraph (c) by removing
``45 CFR part 75'' and adding in its place ``2 CFR parts 200 and 300''.

0
38. Amend Sec. 52b.14 by revising the section heading and in paragraph
(b) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The revision and addition read as follows:

Sec. 52b.14 Other Federal laws, regulations, Executive orders, and
policies that apply.

* * * * *
(b) * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

[[Page 80066]]

PART 52c--MINORITY BIOMEDICAL RESEARCH SUPPORT PROGRAM

0
39. 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
40. Amend Sec. 52c.6 in paragraph (a) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E.''

0
41. Amend Sec. 52c.7 by:
0
a. Adding an entry in alphanumeric order 2 CFR parts 200 and 300; and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards''
and adding in alphanumeric order ``2 CFR parts 200 and 300--Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards.''
The addition reads as follows:

Sec. 52c.7 Other HHS regulations that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 52d--NATIONAL CANCER INSTITUTE CLINICAL CANCER EDUCATION
PROGRAM

0
42. 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
43. Amend Sec. 52d.7 in paragraph (a) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

0
44. Amend Sec. 52d.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 52d.8 Other HHS regulations that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 52e--NATIONAL HEART, LUNG, AND BLOOD INSTITUTE GRANTS FOR
PREVENTION AND CONTROL PROJECTS

0
45. The authority citation for part 52e continues to read as follows:

Authority: 42 U.S.C. 216, 285b-1.

Sec. 52e.6 [Amended]

0
46. Amend Sec. 52e.6 in paragraph (e) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

Sec. 52e.7 [Amended]

0
47. Amend Sec. 52e.7 in paragraph (a) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

0
48. Amend Sec. 52e.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 52e.8 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 55a--PROGRAM GRANTS FOR BLACK LUNG CLINICS

0
49. 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)).

0
50. Amend Sec. 55a.107 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 55a.107 What other regulations apply?

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 55a.201 [Amended]

0
51. Amend Sec. 55a.201(g) by removing ``subpart F of 45 CFR part 75''
and adding in its place ``subpart F of 2 CFR part 200''.

PART 56--GRANTS FOR MIGRANT HEALTH SERVICES

0
52. 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
53. Amend Sec. 56.108 in paragraph (a) by removing ``45 CFR part 75''
and adding in its place ``2 CFR parts 200 and 300''.

Sec. 56.113 [Amended]

0
54. In Sec. 56.113(c)(2)(iii), remove ``45 CFR 75.307, 75.371 through
75.385, and 75.316 through 75.325'' and add in its place ``2 CFR
200.307, 2 CFR 200.339 through 200.344, and 200.310 through 200.316.''

Sec. 56.114 [Amended]

0
55. Amend Sec. 56.114, by removing ``45 CFR part 75'' each time it
appears and replacing it with ``2 CFR parts 200 and 300''.

PART 57--GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES,
EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS

0
56. 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
57. Amend Sec. 57.215 in paragraph (a)(3) by removing ``45 CFR part
75'' and adding in its place ``2 CFR parts 200 and 300''.
0
58. The authority citation for part 57, subpart D, continues to read as
follows:

Authority: Sec. 215 of the Public Health Service Act, 58 Stat.
690, 67 Stat. 631 (42 U.S.C. 216); secs. 835-842 of the Public
Health Service Act, 77 Stat. 913-916, as amended by 99 Stat. 397-
400, 536-537, and 102 Stat. 3160-3161 (42 U.S.C. 297 a-i).

Sec. 57.315 [Amended]

0
59. Amend Sec. 57.315 in paragraph (b)(2) by removing ``45 CFR part
75'' and adding in its place ``2 CFR parts 200 and 300''.

[[Page 80067]]

PART 59--GRANTS FOR FAMILY PLANNING SERVICES

0
60. The authority citation for part 59 continues to read as follows:

Authority: 42 U.S.C. 300a-4.

Sec. 59.9 [Amended]

0
61. Amend Sec. 59.9 by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''.

Sec. 59.206 [Amended]

0
62. Amend Sec. 59.206 in paragraph (c) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

Sec. 59.208 [Amended]

0
63. Amend Sec. 59.208 in paragraph (a) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

Sec. 59.212 [Amended]

0
64. Amend Sec. 59.212 in paragraph (d)(2)(iii) by removing ``45 CFR
75.307, 75.371 through 75.385, and 75.316-75.325'' and adding in its
place ``2 CFR 200.307, 2 CFR 200.339 through 200.344, and 200.310
through 200.316''.

Sec. 59.215 [Amended]

0
65. Amend Sec. 59.215 by removing ``45 CFR part 75'' in the section
heading and the text and adding in its place ``2 CFR parts 200 and
300''.

PART 59a--NATIONAL LIBRARY OF MEDICINE GRANTS

0
66. 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
67. Amend Sec. 59a.6 by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
68. Amend Sec. 59a.7 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
The addition reads as follows:

Sec. 59a.7 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 59a.16 [Amended]

0
69. Amend Sec. 59a.16 in paragraph (a) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

0
70. Amend Sec. 59a.17 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 59a.17 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 62--NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP AND LOAN
REPAYMENT PROGRAMS

0
71. 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.

0
72. Amend Sec. 62.58 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards''.
The addition reads as follows:

Sec. 62.58 What other regulations apply?

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 63a--NATIONAL INSTITUTES OF HEALTH TRAINING GRANTS

0
73. 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
74. Amend Sec. 63a.10 in paragraph (a) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

0
75. Amend Sec. 63a.11 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform administrative
requirements, cost principles, and audit requirements for HHS Awards.''
The addition reads as follows:

Sec. 63a.11 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 64--NATIONAL LIBRARY OF MEDICINE TRAINING GRANTS

0
76. The authority citation for part 64 continues to read as follows:

Authority: 42 U.S.C. 216, 286b-3.

Sec. 64.8 [Amended]

0
77. Amend Sec. 64.8 in the introductory text by removing ``45 CFR part
75, subpart E'' and adding in its place ``2 CFR parts 200 and 300,
subpart E''.

0
78. Amend Sec. 64.9 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 64.8 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 65--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
HAZARDOUS WASTE WORKER TRAINING

0
79. 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
80. Amend Sec. 65.8 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 65.8 What additional Department regulations apply to grantees?

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost

[[Page 80068]]

Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 65a--NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
HAZARDOUS SUBSTANCES BASIC RESEARCH AND TRAINING GRANTS

0
81. The authority citation for part 65a continues to read as follows:

Authority: 42 U.S.C. 216, 9660(a).

Sec. 65a.9 [Amended]

0
82. Amend Sec. 65a.9 in paragraph (a) by removing ``45 CFR 75.308''
and adding in its place ``2 CFR 200.308 as amended by 2 CFR 300.308''.

Sec. 65a.10 [Amended]

0
83. Amend Sec. 65a.10 by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
84. Amend Sec. 65a.11 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 65a.11 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 66--NATIONAL RESEARCH SERVICE AWARDS

0
85. The authority citation for part 66 continues to read as follows:

Authority: 42 U.S.C. 216, 288.

0
86. Amend Sec. 66.207 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 66.207 Other HHS regulations and policies that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 67--AGENCY FOR HEALTH CARE POLICY AND RESEARCH GRANTS AND
CONTRACTS

0
87. 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
88. Amend Sec. 67.11 in the definition of ``Grant,'' by removing ``45
CFR part 75'' and adding in its place ``2 CFR parts 200 and 300''.

Sec. 67.18 [Amended]

0
89. Amend Sec. 67.18 by removing by removing ``45 CFR part 75'' and
adding in its place ``2 CFR parts 200 and 300''.

0
90. Amend Sec. 67.19 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 67.19 Other applicable regulations.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

PART 124--MEDICAL FACILITY CONSTRUCTION AND MODERNIZATION

0
91. 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
92. Amend Sec. 124.6 by removing ``45 CFR 75.305'' and adding in its
place 2 CFR 200.305 as amended by 2 CFR 300.305''.

Sec. 124.7 [Amended]

0
93. Amend Sec. 124.7 by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''.

Sec. 124.11 [Amended]

0
94. Amend Sec. 124.11, by removing by removing ``45 CFR part 75'' in
the section heading and the text and adding in its place ``2 CFR parts
200 and 300''.

PART 136--INDIAN HEALTH

0
95. 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. 136.104 [Amended]

0
96. Amend Sec. 136.104 in paragraph (a) by removing ``45 CFR part
75.206'' and adding in its place ``2 CFR 200.207''.

Sec. 136.105 [Amended]

0
97. Amend Sec. 136.105 by:
0
a. Redesignating the note following paragraph (e) as ``Note 1 to
paragraph (e)''; and
0
b. Removing ``45 CFR 75.304'' and adding in its place ``2 CFR 200.304''
in the newly redesignated note.

Sec. 136.107 [Amended]

0
97. Amend Sec. 136.107:
0
a. In paragraph (a) by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E:''
0
b. By redesignating the note following paragraph (b) as ``Note 1 to
paragraph (b)''; and
0
c. By removing ``45 CFR 75.306'' and adding in its place ``2 CFR
200.306'' in the newly redesignated note.

Sec. 136.110 [Amended]

0
99. Amend Sec. 136.110 in paragraph (b)(3) by removing ``45 CFR 75.326
through 75.340'' and adding in its place ``2 CFR 200.317 through
200.327''.

Sec. 136.111 [Amended]

0
100. Amend Sec. 136.111 by redesignating the note at the end of the
section as ``Note 1 to Sec. 136.111'' and by removing ``45 CFR
75.305(b)(9)'' and adding in its place ``2 CFR 200.305(b)(12)'' in the
newly redesignated note.

0
101. Amend Sec. 136.114 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 136.114 Applicability of other Department regulations.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 136.115 [Amended]

0
102. Amend Sec. 136.115 by:

[[Page 80069]]

0
a. Redesignating the note at the end of the section as ``Note 1 to
Sec. 136.115''; and
0
b. Removing ``45 CFR 75.371 through 75.385'' and adding in its place
``2 CFR 200.339 through 200.344'' in the newly redesignated note.

Sec. 136.116 [Amended]

0
103. Amend Sec. 136.116 by:
0
a. Removing ``45 CFR 75.341 through 75.360'' and adding in its place
``2 CFR 200.328 through 200.333''; and
0
b. By redesignating the note at the end of the section as ``Note 1 to
Sec. 136.116'' and by removing ``45 CFR part 75'' and adding in its
place ``2 CFR parts 200 and 300'' in the newly redesignated note.

Sec. 136.120 [Amended]

0
104. Amend Sec. 136.120 by redesignating the note at the end of the
section as ``Note 1 to Sec. 1366.120'' and by removing ``45 CFR part
75'' and adding in its place ``2 CFR parts 200 and 300'' in the newly
redesignated note.

Sec. 136.302 [Amended]

0
105. Amend Sec. 136.302 in paragraph (r) by removing ``45 CFR 75.2''
and adding in its place ``2 CFR 200.1''.

Sec. 136.312 [Amended]

0
106. Amend Sec. 136.312 in paragraph (a) by removing ``45 CFR 75.206''
and adding in its place ``2 CFR 200.207''.

Sec. 136.314 [Amended]

0
107. Amend Sec. 136.314 by removing ``45 CFR part 75, subpart E'' and
adding in its place ``2 CFR parts 200 and 300, subpart E''.

0
108. Amend Sec. 136.316 by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 136.316 Other HHS regulations that apply.

* * * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

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 in paragraph (1) of the definition of ``Small
capital expenditure'' by removing ``45 CFR 75.2'' and adding in its
place ``2 CFR 200.1''.

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).

0
112. Amend Sec. 430.2 in paragraph (b) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards
The addition reads as follows:

Sec. 430.2 Other applicable Federal regulations.

* * * * *
(b) * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 430.30 [Amended]

0
113. Revise Sec. 430.30 in paragraph (e) introductory text by removing
``45 CFR 75'' and adding ``2 CFR parts 200 and 300'', in paragraph
(e)(1) by removing ``45 CFR 75.306'' and adding ``2 CFR 200.306'', and
in paragraph (e)(2) by removing ``45 CFR 75.341'' and adding ``2 CFR
200.328''.

PART 433--STATE FISCAL ADMINISTRATION

0
114. The authority citation for part 433 continues to read as follows:

Authority: 42 U.S.C. 1302

Sec. 433.112 [Amended]

0
115. Amend Sec. 433.112 in paragraph (b)(7) by removing ``45 CFR part
75, subpart E'' and adding in its place ``2 CFR parts 200 and 300,
subpart E''.

Sec. 433.322 [Amended]

0
116. Amend Sec. 433.322 by removing ``45 CFR 75.361 through 75.370''
and adding in its place ``2 CFR 200.334 through 200.338''.

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 75'' and adding
in its place ``2 CFR parts 200 and 300''.

Sec. 434.70 [Amended]

0
119. Amend Sec. 434.70 in paragraph (a)(2) by removing ``45 CFR part
75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 436--ELIGIBILITY IN GUAM, PUERTO RICO, AND THE VIRGIN ISLANDS

0
120a. 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
120b. Amend Sec. 436.407 in paragraph (j) by removing ``45 CFR
75.361'' and adding in its place ``2 CFR 200.334''.

PART 438--MANAGED CARE

0
121. The authority citation for part 438 continues to read as follows:

Authority: 42 U.S.C. 1302

Sec. 438.356 [Amended]

0
122. Amend Sec. 438.356 in paragraph (e) by removing ``45 CFR part
75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 440--SERVICES: GENERAL PROVISIONS

0
123. The authority citation for part 440 continues to read as follows:

Authority: 42 U.S.C. 1302)

Sec. 440.170 [Amended]

0
124. Amend Sec. 440.170 in paragraph (a)(4)(i)(A) by removing ``45 CFR
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through
200.327''.

PART 441--SERVICES: REQUIREMENTS AND LIMITS APPLICABLE TO SPECIFIC
SERVICES

0
125. The authority citation for part 441 continues to read as follows:

Authority: 42 U.S.C. 1302

Sec. 441.208 [Amended]

0
126. Amend Sec. 441.208 by removing ``45 CFR 75.361'' and adding in
its place ``2 CFR 200.334''.

Sec. 441.353 [Amended]

0
127. Amend Sec. 441.353 in paragraph (c)(3) by removing ``45 CFR part
75'' and

[[Page 80070]]

adding in its place ``2 CFR parts 200 and 300''.

Sec. 441.484 [Amended]

0
128. Amend Sec. 441.484 in paragraph (a)(2) by removing ``45 CFR
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through
200.327''.

PART 456--UTILIZATION CONTROL

0
129. The authority citation for part 456 continues to read as follows:

Authority: 42 U.S.C. 1302

Sec. 456.722 [Amended]

0
130. Amend Sec. 456.722 in paragraph (c)(1) by removing ``45 CFR
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through
200.327''.

PART 457--ALLOTMENTS AND GRANTS TO STATES

0
131. The authority citation for part 457 continues to read as follows:

Authority: 42 U.S.C. 1302

Sec. 457.230 [Amended]

0
132. Amend Sec. 457.230 by removing ``45 CFR part 75'' and adding in
its place ``2 CFR parts 200 and 300''.

0
133. Amend Sec. 457.628 in paragraph (b) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 457.628 Other applicable Federal regulations.

* * * * *
(b) * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 457.630 [Amended]

0
134. Amend Sec. 457.630 in paragraph (f) introductory text by removing
``45 CFR part 75'' and adding in its place ``2 CFR parts 200 and 300,''
in paragraph (f)(1) by removing ``45 CFR 75.306'' and adding in its
place ``2 CFR 200.306,'' and in paragraph (f)(2) by removing ``45 CFR
75.341'' and adding in its place ``2 CFR 200.328''.

Sec. 457.940 [Amended]

0
135. Amend Sec. 457.940 in paragraph (b) by removing 45 CFR part 75''
and adding in its place ``2 CFR parts 200 and 300,'' and in paragraph
(c) by removing ``45 CFR part 75'' and adding in its place ``2 CFR
parts 200 and 300''.

PART 1001--PROGRAM INTEGRITY--MEDICARE AND STATE HEALTH CARE
PROGRAMS

0
136. 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, Pub. L. 103-355, 108 Stat. 3327
(31 U.S.C. 6101 note).

Sec. 1001.952 [Amended]

0
137. Amend Sec. 1001.952:
0
a. In paragraph (w)(7) by removing ``45 CFR 75.326 through 75.340'' and
adding in its place ``2 CFR 200.317 through 200.327'' and
0
b. In paragraph (ii)(4)(ii) by removing ``45 CFR 75.2'' and adding in
its place ``2 CFR 200.1'' and removing ``45 CFR 75.381'' and adding in
its place ``2 CFR 200.344''.

PART 1007--STATE MEDICAID FRAUD CONTROL UNITS

0
138. The authority citation for part 1007 continues to read as follows:

Authority: 1396a(a)(61), 1396b(a)(6), 1396b(b)(3), and 1396b(q).

Sec. 1007.17 [Amended]

0
139. Amend Sec. 1007.17 in paragraph (d)(1) by removing ``45 CFR
75.207'' and adding in its place ``2 CFR 200.208''.

Title 45--Public Welfare

PART 16--PROCEDURES OF THE DEPARTMENTAL GRANT APPEALS BOARD

0
140. 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
141. Amend Sec. 16.1 by removing ``part 75 of this title'' and adding
in its place ``2 CFR parts 200 and 300''.

Sec. 16.2 [Amended]

0
142. Amend Sec. 16.2 in paragraph (b) by removing ``part 75 of this
title'' and adding in its place ``2 CFR parts 200 and 300''.

Sec. 16.3 [Amended]

0
143. Amend Sec. 16.3 in paragraph (b) by removing ``45 CFR 75.374''
and adding in its place ``2 CFR 200.342''.

Sec. 16.7 [Amended]

0
144. Amend Sec. 16.7 in paragraph (a) by removing ``45 CFR 75.374''
and adding in its place ``2 CFR 200.342''.

Sec. 16.22 [Amended]

0
145. Amend Sec. 16.22 in paragraph (b)(1) by removing ``see Sec.
75.371 of this title'' and adding in its place ``see 2 CFR 200.339''.

PART 63--GRANT PROGRAMS ADMINISTERED BY THE OFFICE OF THE ASSISTANT
SECRETARY FOR PLANNING AND EVALUATION

0
146. 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).

0
147. Amend Sec. 63.8 by revising paragraph (c)(1) to read as follows:

Sec. 63.8 Supplemental regulations and grant conditions.

* * * * *
(c) * * *
(1) Title 2 CFR parts 200 and 300, establishing uniform
administrative requirements, cost principles and audit requirements for
Federal awards.
* * * * *

Sec. 63.34 [Amended]

0
148. Amend Sec. 63.34 by removing ``Sec. 75.372'' and adding in its
place ``2 CFR 200.340''.

PART 75--[AMENDED]

0
149. Transfer Appendix IX to part 75 to 2 CFR part 300.

PART 75--[REMOVED AND RESERVED]

0
150. Under the authority of 5 U.S.C. 301, part 75 is removed and
reserved.

PART 87--EQUAL TREATMENT FOR FAITH-BASED ORGANIZATIONS

0
151. The authority citation for part 87 continues to read as follows:

Authority: 5 U.S.C. 301; 42 U.S.C. 2000bb et seq.

Sec. 87.2 [Amended]

0
152. Amend Sec. 87.2 in the introductory text by removing ``45 CFR
part 75'' and adding in its place ``2 CFR parts 200 and 300''.

[[Page 80071]]

PART 95--GENERAL ADMINISTRATION--GRANT PROGRAMS (PUBLIC ASSISTANCE,
MEDICAL ASSISTANCE AND STATE CHILDREN'S HEALTH INSURANCE PROGRAMS)

0
153. 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
154. Amend Sec. 95.613 in the first sentence of paragraph (a) by
removing ``part 75'' and adding in its place ``2 CFR parts 200 and
300'' and in the second sentence by removing ``Sec. 75.328'' and
adding in its place ``2 CFR 200.319''.

Sec. 95.621 [Amended]

0
155. Amend Sec. 95.621 in paragraph (d) by removing ``part 75'' and
adding in its place ``2 CFR parts 200 and 300''.

Sec. 95.705 [Amended]

0
156. Amend Sec. 95.705 in paragraph (a) in the last sentence by
removing ``part 75'' and adding in its place ``2 CFR parts 200 and
300''.

Sec. 95.707 [Amended]

0
157. Amend Sec. 95.707 in paragraph (a) by removing ``Sec. 75.320''
and adding in its place ``2 CFR 200.313''.

PART 98--CHILD CARE AND DEVELOPMENT FUND

0
158. The authority citation for part 98 continues to read as follows:

Authority: 42 U.S.C. 618, 9858.

Sec. 98.60 [Amended]

0
159. Amend Sec. 98.60 in paragraph (d)(5)(ii) by removing ``45 CFR
75.2'' and adding in its place ``2 CFR 200.1''.

Sec. 98.65 [Amended]

0
160. Amend Sec. 98.65 in paragraph (a) by removing ``45 CFR part 75,
subpart F'' and adding in its place ``2 CFR part 200, subpart F''.

Sec. 98.84 [Amended]

0
161. Amend Sec. 98.84:
0
a. In paragraph (d)(1) by removing ``45 CFR 75.318'' and adding in its
place ``2 CFR 200.311'';
0
b. In paragraph (d)(2) by removing ``45 CFR 75.318(c)'' and adding in
its place ``2 CFR 200.311(d)'';
0
c. In paragraph (d)(3) by removing ``45 CFR 75.318(a)'' and adding in
its place ``2 CFR 200.311(a)'';
0
d. in paragraph (d)(4) by removing ``this part'' and adding in its
place ``2 CFR parts 200 and 300'';
0
e. In paragraph (d)(5) by removing ``45 CFR 75.307'' and adding in its
place ``2 CFR 200.307''; and
0
f. In paragraph (d)(6) by removing ``45 CFR 92.36; 45 CFR 75.326
through 75.335'' and adding in its place ``2 CFR 200.317 through
200.327.''

PART 261--ENSURING THAT RECIPIENTS WORK

0
162. The authority citation for part 261 continues to read as follows:

Authority: 42 U.S.C. 601, 602, 607, and 609; Pub. L. 109-171.

Sec. 261.64 [Amended]

0
163. Amend Sec. 261.64 in paragraph (c) by removing ``45 CFR part 75,
subpart F'' and adding in its place ``2 CFR part 200, subpart F''.

PART 262--ACCOUNTABILITY PROVISIONS--GENERAL

0
164. 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;
Sec. 7102, Pub. L. 109-171, 120 Stat. 135; Sec. 4004, Pub. L. 112-
96, 126 Stat. 197.

Sec. 262.3 [Amended]

0
165. Amend Sec. 262.3 in paragraph (a)(1) by removing ``45 CFR part
75, subpart F'' and adding in its place ``2 CFR part 200, subpart F''
and in paragraph (f) by removing ``45 CFR 75.361 through 75.370'' and
adding in its place ``2 CFR 200.334 through 200.338''.

PART 263--EXPENDITURES OF STATE AND FEDERAL TANF FUNDS

0
166. 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
167. Amend Sec. 263.2 in paragraph (e)(1) by removing ``45 CFR 75.2
and 75.306'' and adding in its place ``2 CFR 200.1 and 200.306''.

Sec. 263.11 [Amended]

0
168. Amend Sec. 263.11 in paragraph (b) by removing ``or part 75 of
this title'' and adding in its place ``or 2 CFR parts 200 and 300''.

Sec. 263.14 [Amended]

0
169. Amend Sec. 263.14 by removing ``subpart E of part 75 of this
title'' and adding in its place ``2 CFR parts 200 and 300, subpart E''.

PART 265--DATA COLLECTION AND REPORTING REQUIREMENTS

0
170. 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
171. Amend Sec. 265.7 in paragraph (d)(4) by removing ``Sec.
75.302(a) of this title'' and adding in its place ``2 CFR 200.302(a)''
and in paragraph (g) by removing ``Sec. Sec. 75.361 through 75.370 of
this title'' and adding in its place ``2 CFR 200.334 through 200.338''.

PART 286--TRIBAL TANF PROVISIONS

0
172. 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
173. Amend Sec. 286.30 in paragraph (c) by removing ``45 CFR part 75''
and adding in its place ``2 CFR parts 200 and 300'' and in paragraph
(f)(2) by removing ``45 CFR part 75'' and adding in its place ``2 CFR
parts 200 and 300''.

Sec. 286.45 [Amended]

0
174. Amend Sec. 286.45 in paragraph (c) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E'' and in paragraph (d) by removing ``45 CFR part 75'' and adding in
its place ``2 CFR parts 200 and 300''.

Sec. 286.200 [Amended]

0
175. Amend Sec. 286.200 in paragraph (b) by removing ``45 CFR part
75'' and adding in its place ``2 CFR parts 200 and 300''.

Sec. 286.205 [Amended]

0
176. Amend Sec. 286.205 in paragraph (b)(3)(iv) by removing ``45 CFR
part 75'' and adding in its place ``2 CFR parts 200 and 300'' and in
paragraph (c) by removing ``45 CFR part 75'' and adding in its place
``2 CFR parts 200 and 300''.

Sec. 286.270 [Amended]

0
177. Amend Sec. 286.270 in paragraph (b) by removing ``45 CFR part
75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 287--THE NATIVE EMPLOYMENT WORKS (NEW) PROGRAM

0
178. The authority citation for part 287 continues to read as follows:

Authority: 42 U.S.C. 612.

[[Page 80072]]

Sec. 287.60 [Amended]

0
179. Amend Sec. 287.60 in paragraph (a) by removing ``45 CFR 75.341''
and adding in its place ``2 CFR 200.328'' and in paragraph (b) by
removing 45 CFR part 75, subpart F'' and adding in its place ``2 CFR
part 200, subpart F''.

PART 301--STATE PLAN APPROVAL AND GRANT PROCEDURES

0
180. 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
181. Amend Sec. 301.15 in paragraph (d) introductory text by removing
``part 75 of this title'' and adding in its place ``2 CFR parts 200 and
300'', in paragraph (d)(1) by removing ``45 CFR 75.306'' and adding in
its place ``2 CFR 200.306'', and in paragraph (d)(2) by removing ``45
CFR 75.341'' and adding in its place ``2 CFR 200.328''.

PART 302--STATE PLAN REQUIREMENTS

0
182. 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
183. Amend Sec. 302.14 by removing ``45 CFR 75.361 through 75.370''
and adding in its place ``2 CFR 200.334 through 200.338''.

Sec. 302.15 [Amended]

0
184. Amend Sec. 302.15 in paragraph (a)(8) by removing ``45 CFR 75.361
through 75.370'' and adding in its place ``2 CFR 200.334 through 338''.

PART 303--STANDARDS FOR PROGRAM OPERATIONS

0
185. 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), 1396(k),
and 25 U.S.C. 1603(12) and 1621e.

Sec. 303.11 [Amended]

0
186. Amend Sec. 303.11 in paragraph (e) by removing ``45 CFR 75.361''
and adding in its place ``2 CFR 200.334''.

PART 304--FEDERAL FINANCIAL PARTICIPATION

0
187. 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
188. Amend Sec. 304.10 by removing ``45 part 75 of this title (with
the exception of 45 CFR 75.306 and 75.341)'' and adding in its place
``2 CFR parts 200 and 300 (with the exception of 2 CFR 200.306 and
200.328)''.

Sec. 304.20 [Amended]

0
189. Amend Sec. 304.20 in paragraph (b)(1)(iii) by removing ``45 CFR
75.326 through 75.340'' and adding in its place ``2 CFR 200.317 through
200.327''.

Sec. 304.25 [Amended]

0
190. Amend Sec. 304.25 in the first sentence of paragraph (a) by
removing ``part 75 of this title'' and adding in its place ``2 CFR
parts 200 and 300''.

PART 309--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM

0
191. The authority citation for part 309 continues to read as follows:

Authority: 42 U.S.C. 655(f), 1302.

Sec. 309.75 [Amended]

0
192. Amend Sec. 309.75 in paragraph (d) by removing ``45 CFR part 75,
subpart F'' and adding in its place ``2 CFR part 200, subpart F''.

Sec. 309.85 [Amended]

0
193. Amend Sec. 309.85 in paragraph (b) by removing ``45 CFR 75.361
through 75.370'' and adding in its place ``2 CFR 200.334 through
200.338''.

Sec. 309.130 [Amended]

0
194. Amend Sec. 309.130 in paragraph (f) by removing ``part 75 of this
title'' and adding in its place ``2 CFR parts 200 and 300''.

Sec. 309.145 [Amended]

0
195. Amend Sec. 309.145 in paragraph (a)(3) introductory text by
removing ``45 CFR 75.326 through 75.340'' and adding in its place ``2
CFR 200.317 through 200.327'' and in paragraph (o) introductory text by
removing ``45 CFR part 75, subpart E'' and adding in its place ``2 CFR
parts 200 and 300, subpart E''.

Sec. 309.150 [Amended]

0
196. Amend Sec. 309.150 in paragraph (d) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

Sec. 309.155 [Amended]

0
197. Amend Sec. 309.155 in paragraph (f) by removing ``45 CFR part 75,
subpart E'' and adding in its place ``2 CFR parts 200 and 300, subpart
E''.

Sec. 309.160 [Amended]

0
198. Amend Sec. 309.160 by:
0
a. Removing ``45 CFR part 75''' and adding in its place ``2 CFR part
200''.
0
b. Removing ``section 215(c) of the circular'' and adding in its place
``2 CFR 200.503(e)''.

PART 400--REFUGEE RESETTLEMENT PROGRAM

0
199. 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
200. Amend Sec. 400.11 in paragraph (c) by removing ``Sec. 75.341 of
this title'' and adding in its place ``2 CFR 200.328''.

Sec. 400.28 [Amended]

0
201. Amend Sec. 400.28 in paragraph (a) introductory text by removing
``45 CFR 75.361 through 75.370'' and adding in its place ``2 CFR
200.334 through 200.338''.

PART 1000--INDIVIDUAL DEVELOPMENT ACCOUNT RESERVE FUNDS ESTABLISHED
PURSUANT TO GRANTS FOR ASSETS FOR INDEPENDENCE

0
202. The authority citation for part 1000 continues to read as follows:

Authority: 42 U.S.C. 604 nt.

Sec. 1000.3 [Amended]

0
203. Amend Sec. 1000.3 in paragraphs (a) and (b) by removing ``45 CFR
part 75'' and adding in its place ``2 CFR parts 200 and 300''.

PART 1303--HEAD START FINANCIAL AID AND ADMINISTRATIVE REQUIREMENTS

0
204. The authority citation for part 1303 continues to read as follows:

Authority: 42 U.S.C. 9801 et seq.

0
205. Amend Sec. 1303.3 in the chart by removing the entry for ``45 CFR
part 75'' and adding in alphanumeric order an entry for ``2 CFR parts
200 and 300''.

Sec. 1303.3 Other requirements.

* * * * *

[[Page 80073]]

------------------------------------------------------------------------
Cite Title
------------------------------------------------------------------------
2 CFR parts 200 and 300........... Uniform Administrative Requirements,
Cost Principles, and Audit
Requirements for Federal Awards.

* * * * * * *
------------------------------------------------------------------------

Sec. 1303.12 [Amended]

0
206. Amend Sec. 1303.12 by removing ``45 CFR part 75'' and adding in
its place ``2 CFR parts 200 and 300''.

PART 1321--GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING

0
207. The authority citation for part 1321 continues to read as follows:

Authority: 42 U.S.C. 3001 et seq.

Sec. 1321.9 [Amended]

0
208. Amend Sec. 1321.9 paragraph (a)(1)(iii) by removing ``and 45 CFR
part 75, subpart F,'' in paragraph (c)(2)(xi) by removing ``and 45 CFR
75.307,'' and in paragraph (c)(2)(xi) (H) by removing ``and 45 CFR
75.307(e)(2).''

PART 1336--NATIVE AMERICAN PROGRAMS

0
209. The authority citation for part 1336 continues to read as follows:

Authority: 42 U.S.C. 2991 et seq.

0
210. Amend Sec. 1336.50 in paragraph (a) by:
0
a. Adding in alphanumeric order an entry for 2 CFR parts 200 and 300;
and
0
b. Removing the entry for ``45 CFR part 75--Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for HHS Awards.''
The addition reads as follows:

Sec. 1336.50 Financial and administrative requirements.

(a) * * *
2 CFR parts 200 and 300--Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
* * * * *

Sec. 1336.52 [Amended]

0
211. Amend Sec. 1336.52(b) by removing ``45 CFR 75.371 through
75.380'' and adding in its place ``2 CFR 200.339 through 200.343''.

Sec. 1336.77 [Amended]

0
212. Amend Sec. 1336.77 in paragraph (a)(1) by removing ``45 CFR part
75, subpart E'' and adding in its place ``2 CFR parts 200 and 300,
subpart E'' and in paragraph (b) by removing ``45 CFR part 75'' and
adding in its place ``2 CFR parts 200 and 300''.

PART 1355--GENERAL

0
213. 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.

Sec. 1355.30 [Amended]

0
214. Amend Sec. 1355.30 by revising paragraph (i) to read as follows:

Sec. 1355.30 Other applicable regulations.

* * * * *
(i) 2 CFR parts 200 and 300--Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards. 2 CFR parts
200 and 300 are 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. 2 CFR parts 200 and 300 are
applicable to title IV-E foster care and adoption assistance programs
operated by a State title IV-E agency, except that section 2 CFR
200.306 Cost sharing and 2 CFR 200.328 Financial reporting do not
apply. 2 CFR parts 200 and 300 are 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 2 CFR 200.328 and the sections
specified in Sec. 1356.68 do not apply to a Tribal title IV-E agency.
* * * * *

Sec. 1355.58 [Amended]

0
215. Amend Sec. 1355.58(a) by removing ``45 CFR 75.371 through
75.375'' and replacing it with ``2 CFR 200.339 through 200.343''.

PART 1357--REQUIREMENTS APPLICABLE TO TITLE IV-B

0
216. 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
217. Amend Sec. 1357.30 in paragraph (d) by removing ``45 CFR 75.371
through 75.372'' and adding in its place ``2 CFR 200.339 through
200.340'' and in paragraph (e) introductory text by removing ``45 CFR
part 75'' and adding in its place ``2 CFR parts 200 and 300''.

Sec. 1357.40 [Amended]

0
218. In Sec. 1357.40, amend paragraph (d)(5)(i) by removing ``45 CFR
75.371 through 75.372'' and adding in its place ``2 CFR 200.339 through
200.340'' and in paragraph (d)(5)(ii) introductory text by removing
``45 CFR part 75'' and adding in its place ``2 CFR parts 200 and 300''.

Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2024-21984 Filed 9-26-24; 4:15 pm]
BILLING CODE 4151-19-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on October 2, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.