Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
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Abstract
In this document, the U.S. Agency for Global Media (USAGM or the Agency) adopts the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) initially set forth as guidance by the Office of Management and Budget (OMB) and published by OMB on December 26, 2013, and updated on April 4, 2024. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse related to the Federal financial assistance awarded each year by the Agency. To avoid confusion, we additionally supersede existing agency regulations related to this same subject matter.
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<title>Federal Register, Volume 89 Issue 238 (Wednesday, December 11, 2024)</title>
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[Federal Register Volume 89, Number 238 (Wednesday, December 11, 2024)]
[Rules and Regulations]
[Pages 99695-99696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28864]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 /
Rules and Regulations
[[Page 99695]]
U.S. AGENCY FOR GLOBAL MEDIA
2 CFR Chapter XIX
22 CFR Part 518
[3112-AA05]
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards
AGENCY: U.S. Agency for Global Media
ACTION: Final rule.
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SUMMARY: In this document, the U.S. Agency for Global Media (USAGM or
the Agency) adopts the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (Uniform
Guidance) initially set forth as guidance by the Office of Management
and Budget (OMB) and published by OMB on December 26, 2013, and updated
on April 4, 2024. This rule is necessary in order to incorporate into
regulation and thus bring into effect the Uniform Guidance as required
by OMB. Implementation of this guidance will reduce administrative
burden and risk of waste, fraud, and abuse related to the Federal
financial assistance awarded each year by the Agency. To avoid
confusion, we additionally supersede existing agency regulations
related to this same subject matter.
DATES: This regulation is effective December 11, 2024.
FOR FURTHER INFORMATION CONTACT: For general information, please
contact Trina Mixson, Acting Chief Financial Officer, Office of the
Chief Financial Officer, U.S. Agency for Global Media, 330 Independence
Ave. SW, Washington, DC 20237; 202-322-9320; <a href="/cdn-cgi/l/email-protection#fe8a9397868d9190be8b8d9f9993d0999188"><span class="__cf_email__" data-cfemail="8bffe6e2f3f8e4e5cbfef8eaece6a5ece4fd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Discussion
USAGM is an independent establishment of the federal government
that exercises authority over non-military United States government
broadcasting. USAGM oversees two federal entities--Voice of America and
the Office of Cuba Broadcasting--and five grantee non-profit
organizations--Radio Free Europe/Radio Liberty, Radio Free Asia, the
Middle East Broadcasting Networks, the Open Technology Fund, and the
Frontline Media Fund. Its broadcasting networks reach a cumulative
weekly worldwide audience of more than 400 million people.
On December 19, 2014, OMB and more than 30 other federal agencies
issued an interim final rule that implemented the final guidance on
Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (Uniform Guidance). In that interim
final rule, Federal awarding agencies joined together to implement the
Uniform Guidance in their respective chapters of title 2 of the CFR,
and, where approved by the OMB, implemented any exceptions to the
Uniform Guidance by including the relevant language in their
regulations. The intent of this effort was to simultaneously reduce
administrative burden and the risk of waste, fraud, and abuse while
delivering better performance. Implementation of the Uniform Guidance
became effective on December 26, 2014 (79 FR 75867, December 19, 2014).
On April 4, 2024, OMB revised that guidance to incorporate recent
OMB policy priorities related to Federal financing assistance and to
reduce agency and recipient burden. The updated guidance seeks to
improve Federal financial assistance management, transparency, and
oversight through more accessible and readily comprehensible guidance
and clarifies sections of the prior version of the guidance.
Although USAGM's predecessor agency, the Broadcasting Board of
Governors, did not implement the guidance when initially codified in
2014, for the past several years USAGM has incorporated the guidance in
its Federal financial assistance agreements. USAGM now takes the
opportunity of the recent updates to join the more than 30 federal
agencies that have already done so. USAGM does so to bring its federal
assistance processes in line with best practices suggested by OMB,
streamline its financial assistance processes, and increase
transparency. To avoid confusion, the agency additionally supersedes
existing agency regulations relating to the same subject matter.
II. Justification To Issue Final Rule
Under the Administrative Procedure Act, a federal agency may issue
a final rule without first issuing a notice of proposed rulemaking
(NPRM) in several circumstances. Two apply to this rule. First, an
agency need not issue a proposed rulemaking to a matter relating to
agency management or personnel or to public property, loans, grants,
benefits, or contracts. This rule qualifies as a rule of agency
procedure and practice related to the issuance and monitoring of
federal awards. The Administrative Procedure Act therefore excepts this
rule from traditional notice and comment periods.
Second, an agency must first find that issuing an NPRM would be
impractical, unnecessary, or contrary to the public interest. As stated
above, this rule incorporates--in full and without change--the Uniform
Guidance developed by OMB. OMB initially issued the guidance only after
considering public comment received following both an Advanced Notice
of Public Guidance (available at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket
number OMB-2012-0002) and Notice of Proposed Guidance (available at
<a href="http://www.regulations.gov">www.regulations.gov</a> under docket number OMB-2013-0001). Combined, those
two dockets received more than 650 total comments. The public enjoyed
similar opportunity to comment on the guidance more recently. OMB
provided multiple opportunities for public comment when issuing the
2024 revisions to that guidance, including a Request for Information
(available at <a href="http://www.regulations.gov">www.regulations.gov</a> under docket number OMB-2023-0007)
and Notice of Proposed Guidance (available at <a href="http://www.regulations.gov">www.regulations.gov</a> under
docket number OMB-2023-0017). Combined, those two dockets received more
than 1150 total comments. Any NPRM issued by USAGM would be redundant
of previous efforts by OMB, and is therefore unnecessary.
III. Procedural Matters
a. Paperwork Reduction Act
The Paperwork Reduction Act requires that agencies obtain OMB
[[Page 99696]]
approval before conducting a collection of information from the public.
Any information collected under the regulations proposed does not to
constitute a collection of information for the purposes of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
b. Executive Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and Executive
Order 14094 (Modernizing Regulatory Review)
Executive Orders 12866, 13563, and 14094 direct agencies to assess
all costs and benefits of available regulatory alternatives, and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). OMB's
Office of Information and Regulatory Affairs (OIRA) designated the
implementation of the Uniform Guidance by OMB and more than 25 other
agencies to be not significant in 2014. USAGM similar concludes that
its implementation is not significant and therefore is not subject to
mandatory prior review by the OIRA pursuant to Executive Orders 12866,
13563, or 14094.
c. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act requires that agencies prepare a
budgetary impact statement before promulgating a rule that may result
in the expenditure by State, local, and tribal governments, or by the
private sector, of $100 million or more in any one year. Upon first
implementing the Uniform Guidance, OMB determined that its joint
interim final rule will not result in expenditures by State, local, and
tribal governments, or by the private sector, of $100 million or more
in any one year. USAGM concurs. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995, 2
U.S.C. 1532.
d. Regulatory Flexibility Act
The Regulatory Flexibility Act requires an agency issuing a final
rule to provide a final regulatory flexibility analysis or to certify
that the rule will not have a significant economic impact on a
substantial number of small entities. In accordance with the RFA, USAGM
certifies that this rule will not have a significant economic impact on
a substantial number of small entities, and thus no regulatory
flexibility analysis is required under 5 U.S.C. 603.
e. Executive Order 13132 (Federalism Assessment)
Executive Order 13132 limits an agency's ability to promulgate
rules that have federalism implications, impose substantial compliance
costs on state and local governments, or pre-empt state and local law.
This proposed rule will not have sufficient federalism implications to
warrant the preparation of a federalism assessment pursuant to
Executive Order 13132.
List of Subjects in 2 CFR Part 1900
Accounting, Administrative practice and procedure, Grant programs,
Grants administration, Loan programs, Nonprofit organizations,
Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, and under the authority
of 5 U.S.C. 301 and 2 CFR part 200, the U.S. Agency for Global Media
adds chapter XIX to 2 CFR subtitle B, consisting of parts 1900 through
1999, and removes 22 CFR part 518 as follows:
Title 2--Grants and Agreements
Subtitle B--Federal Agency Regulations for Grants and Agreements
CHAPTER XIX--U.S. AGENCY FOR GLOBAL MEDIA
PART 1900--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
Sec.
1900.1 Adoption of 2 CFR part 200.
1900.2 [Reserved]
Authority: 5 U.S.C. 301; 2 CFR part 200
PART 1900--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES,
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS
Sec. 1900.1 Adoption of 2 CFR Part 200.
The United States Agency for Global Media adopts the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements
for Federal Awards set forth at 2 CFR part 200. Thus, this part gives
regulatory effect to the terms of 2 CFR part 200 (as effective October
1, 2024).
Sec. 1900.2 [Reserved]
PARTS 1901-1999 [Reserved]
Dated: December 4, 2024.
Amanda Bennett,
Chief Executive Officer, U.S. Agency for Global Media.
[FR Doc. 2024-28864 Filed 12-10-24; 8:45 am]
BILLING CODE 8610-01-P
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