[Federal Register Volume 60, Number 75 (Wednesday, April 19, 1995)]
[Rules and Regulations]
[Pages 19638-19645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-30419]




[[Page 19637]]

_______________________________________________________________________

Part III
Grants and Cooperative Agreements to State and Local Governments; Final 
Rule

_______________________________________________________________________
Department of Agriculture
Department of Energy
Small Business Administration
Department of Commerce
Office of National Drug Control Policy
Department of State
Department of Housing and Urban Development
Department of Justice
Department of Labor
Federal Mediation and Conciliation Service
Department of Defense
Department of Education
National Archives and Records Administration
Department of Veterans Affairs
Environmental Protection Agency
General Services Administration
Department of the Interior
Federal Emergency Management Agency
Department of Health and Human Services
National Science Foundation
National Foundation on the Arts and the Humanities
    National Endowment for the Arts
    National Endowment for the Humanities
    Institute of Museum Services
Corporation for National and Community Service
Department of Transportation

  Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / 
Rules and Regulations   
[[Page 19638]]
DEPARTMENT OF AGRICULTURE

7 CFR Part 3016

DEPARTMENT OF ENERGY

10 CFR Part 600

SMALL BUSINESS ADMINISTRATION

13 CFR Part 143

DEPARTMENT OF COMMERCE

15 CFR Part 24

OFFICE OF NATIONAL DRUG CONTROL POLICY

21 CFR Part 1403

DEPARTMENT OF STATE

22 CFR Part 135

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 85

DEPARTMENT OF JUSTICE

28 CFR Part 66

DEPARTMENT OF LABOR

29 CFR Part 97

FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1470

DEPARTMENT OF DEFENSE

32 CFR Part 33

DEPARTMENT OF EDUCATION

34 CFR Part 80

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1207

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 43

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 31

GENERAL SERVICES ADMINISTRATION

41 CFR Part 105-71

DEPARTMENT OF THE INTERIOR

43 CFR Part 12

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 13

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 92

NATIONAL SCIENCE FOUNDATION

45 CFR Part 602

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

National Endowment for the Arts

45 CFR Part 1157

National Endowment for the Humanities

45 CFR Part 1174

Institute of Museum Services

45 CFR Part 1183

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Part 2541

DEPARTMENT OF TRANSPORTATION
49 CFR Part 18

Grants and Cooperative Agreements to State and Local Governments

AGENCIES: Department of Agriculture, Department of Commerce, Department 
of Defense, Department of Education, Department of Energy, Department 
of Health and Human Services, Department of Housing and Urban 
Development, Department of the Interior, Department of Justice, 
Department of Labor, Department of State, Department of Transportation, 
Department of Veterans Affairs, Corporation for National and Community 
Service, Environmental Protection Agency, Federal Emergency Management 
Agency, Federal Mediation and Conciliation Service, General Services 
Administration, Institute of Museum Services, National Archives and 
Records Administration, National Endowment for the Arts, National 
Endowment for the Humanities, National Science Foundation, Office of 
National Drug Control Policy, Small Business Administration.

ACTION: Final rule.

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SUMMARY: In response to a recommendation by the National Performance 
Review, this final revision to the grants management common rule, 
``Uniform Administrative Requirements for Grants and Cooperative 
Agreements to State and Local Governments,'' originally issued in the 
March 11, 1988, Federal Register, raises the dollar threshold for 
simplified procedures for small purchases (simplified acquisition 
threshold) by State and local grantees. The agencies' common rule 
provides uniform fiscal and administrative requirements applicable to 
all types of grants and cooperative agreements to State and local 
governments.

EFFECTIVE DATE: This rule is effective May 19, 1995.

FOR FURTHER INFORMATION CONTACT: See preambles of the individual 
agencies below.

SUPPLEMENTARY INFORMATION:

Background

    In 1983, a 20-agency task force explored streamlining grants 
management and reviewed OMB Circular A-102, ``Uniform Administrative 
Requirements for Grants to State and Local Governments.''
    In response, two governmentwide documents were eventually issued: a 
March 1988 common rule (53 FR 8034-8103) containing fiscal and 
administrative requirements for grants and cooperative agreements to 
State and local governments (grantees) and subrecipients which are 
State and local governments (subgrantees), and a March 1988 revised OMB 
Circular A-102 (53 FR 8028-8032)--directed solely to Federal agencies--
containing guidance to Federal agencies on how they should manage the 
award and administration of Federal grants. Consistent with a March 12, 
1987, Presidential memorandum, all affected agencies adopted the common 
rule verbatim, except where inconsistent with specific statutory 
requirements.
    In September 1993, in Creating a Government that Works Better and 
Costs Less, the National Performance Review (NPR) made a recommendation 
to ``Simplify administration by modifying the common grant rules on 
small purchases'' (FSL05). Specifically, NPR recommended an increase in 
the dollar threshold for small purchases (simplified acquisition 
threshold) by local governments from $25,000 to $100,000. NPR also made 
a companion recommendation in the area of reinventing Federal 
procurement to ``Establish new simplified acquisition threshold and 
procedures'' (PROC04). This recommendation sought legislation to 
simplify small purchases by raising the threshold for the use of 
simplified acquisition procedures from $25,000 to $100,000.
    In a February 1994 accompanying report of the NPR entitled Creating 
a Government that Works Better & Costs Less--Strengthening the 
Partnership in Intergovernmental Service Delivery, NPR elaborated on 
recommendation FSL05. NPR stated ``Local governments have found the 
$25,000 limit to be overly restrictive, especially for the purchase of 
small vehicles that often exceed this amount. For example, to procure 
one small van with federal funds to satisfy Americans with Disabilities 
Act requirements, grantees must formally advertise and solicit sealed 
public bids. This requirement delays the procurement process and 
prevents grantees from acquiring rolling stock quickly'' (page 21).
    In many cases, State statutes set a small purchase threshold below 
the Federal small purchase threshold. State and local governments are 
encouraged to amend their thresholds in similar [[Page 19639]] fashion 
so that grantees will be able to more fully benefit from the change in 
Federal requirements in this rulemaking.
    On October 13, 1994, President Clinton signed Public Law 103-355, 
the Federal Acquisition Streamlining Act of 1994. The Act amended 41 
U.S.C. 403(11) to read ``The term `simplified acquisition threshold' 
means $100,000.'' Formerly, this section defined the ``small purchase 
threshold'' at $25,000. Thus, the proposed rule's language reading 
``the greater of $100,000 or the small purchase threshold fixed at 41 
U.S.C. 403(11) (currently set at $25,000)'' anticipated this new Act, 
and is fully consistent with it.
    Also, since the latest revision to OMB Circular A-110, ``Uniform 
Administrative Requirements for Grants and Agreements with Institutions 
of Higher Education, Hospitals, and Other Non-Profit Organizations,'' 
published in the Federal Register on November 29, 1993 (58 FR 62992-
63005), states at paragraph ______.44(e)(2), ``The procurement is 
expected to exceed the small purchase threshold fixed at 41 U.S.C. 403 
(11) (currently $25,000),'' OMB has determined that the $100,000 
threshold already applies to grants with institutions of higher 
education, hospitals, and other non-profit organizations.
    On October 14, 1994, OMB published in the Federal Register a final 
revision to OMB Circular A-102 (59 FR 52224-52227).

Public Comments

    On October 25, 1994, the agencies proposed amendments to the grants 
management common rule (59 FR 53706-53713). Fifteen public and agency 
comments were received. All basically supported the increase in the 
threshold, although some were concerned about whether the increase 
would have the intended effect in light of some lower State and local 
thresholds. Some commenters also indicated other desirable changes in 
grants administration for consideration in future rulemaking actions.
    One commenter asked for a clarification whether professional 
services costing less than $100,000 could be procured under the small 
purchase procedures. The common rule does not provide for any different 
procedures for the procurement of professional services, except for the 
procurement of architectural/engineering (A/E) services. Grantees may 
use qualifications-based competitive proposals for the procurement of 
A/E professional services (see section ______.36(d)(3)(v)). However, 
this is not a requirement and grantees are authorized to use small 
purchase procedures for procuring A/E professional services.

Text Changes

    In response to the new Federal Acquisition Streamlining Act, the 
following changes in the proposed text are reflected in the final text: 
(a) the term ``simplified acquisition threshold'' replaces the term 
``small purchase threshold,'' (b) the threshold level is now set at 
$100,000 instead of $25,000, and (c) the language reading ``the greater 
of $100,000 or the small purchase threshold'' now merely reads ``the 
simplified acquisition threshold.'' In addition, ``Contracts other than 
small purchases'' in section ______.36(i)(1) has been changed to 
``Contracts more than the simplified acquisition threshold.''
    The language changes are reflected in the following eight 
paragraphs in section ______.36: (d)(1), (g)(2) introductory text, 
(g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v), (h) introductory text, 
and (i)(1).

Impact Analysis

Executive Order 12866

    The participating agencies have determined that this rule is ``not 
significant'' for purposes of Executive Order 12866.

Regulatory Flexibility Act of 1980

    The participating agencies certify to the Chief Counsel for 
Advocacy of the Small Business Administration that this rule will not 
have a significant economic impact on a substantial number of small 
entities. The rule does not affect the amount of funds provided in the 
covered programs, but rather modifies and updates an administrative and 
procedural requirement that reduces burden on small entities. As such, 
a Regulatory Flexibility Analysis has not been prepared.

Paperwork Reduction Act

    The participating agencies certify that this final rule does not 
impose any reporting or recordkeeping requirements under the Paperwork 
Reduction Act of 1980, 44 U.S.C. Chapter 35.
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Text of the Final Common Rule

    The text of the final common rule appears below:

PART ______--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. Section ______.36 is amended by revising paragraphs (d), (g), 
(h) and (i) to read as follows:


______.36  Procurement.

* * * * *
    (d) Methods of procurement to be followed (1) Procurement by small 
purchase procedures. Small purchase procedures are those relatively 
simple and informal procurement methods for securing services, 
supplies, or other property that do not cost more than the simplified 
acquisition threshold fixed at 41 U.S.C. 403(11) (currently set at 
$100,000). If small purchase procedures are used, price or rate 
quotations shall be obtained from an adequate number of qualified 
sources.
    (2) Procurement by sealed bids (formal advertising). Bids are 
publicly solicited and a firm-fixed-price contract (lump sum or unit 
price) is awarded to the responsible bidder whose bid, conforming with 
all the material terms and conditions of the invitation for bids, is 
the lowest in price. The sealed bid method is the preferred method for 
procuring construction, if the conditions in ______.36(d)(2)(i) apply.
    (i) In order for sealed bidding to be feasible, the following 
conditions should be present:
    (A) A complete, adequate, and realistic specification or purchase 
description is available;
    (B) Two or more responsible bidders are willing and able to compete 
effectively and for the business; and
    (C) The procurement lends itself to a firm fixed price contract and 
the selection of the successful bidder can be made principally on the 
basis of price.
    (ii) If sealed bids are used, the following requirements apply:
    (A) The invitation for bids will be publicly advertised and bids 
shall be solicited from an adequate number of known suppliers, 
providing them sufficient time prior to the date set for opening the 
bids;
    (B) The invitation for bids, which will include any specifications 
and pertinent attachments, shall define the items or services in order 
for the bidder to properly respond;
    (C) All bids will be publicly opened at the time and place 
prescribed in the invitation for bids;
    (D) A firm fixed-price contract award will be made in writing to 
the lowest responsive and responsible bidder. Where specified in 
bidding documents, [[Page 19640]] factors such as discounts, 
transportation cost, and life cycle costs shall be considered in 
determining which bid is lowest. Payment discounts will only be used to 
determine the low bid when prior experience indicates that such 
discounts are usually taken advantage of; and
    (E) Any or all bids may be rejected if there is a sound documented 
reason.
    (3) Procurement by competitive proposals. The technique of 
competitive proposals is normally conducted with more than one source 
submitting an offer, and either a fixed-price or cost-reimbursement 
type contract is awarded. It is generally used when conditions are not 
appropriate for the use of sealed bids. If this method is used, the 
following requirements apply:
    (i) Requests for proposals will be publicized and identify all 
evaluation factors and their relative importance. Any response to 
publicized requests for proposals shall be honored to the maximum 
extent practical;
    (ii) Proposals will be solicited from an adequate number of 
qualified sources;
    (iii) Grantees and subgrantees will have a method for conducting 
technical evaluations of the proposals received and for selecting 
awardees;
    (iv) Awards will be made to the responsible firm whose proposal is 
most advantageous to the program, with price and other factors 
considered; and
    (v) Grantees and subgrantees may use competitive proposal 
procedures for qualifications-based procurement of architectural/
engineering (A/E) professional services whereby competitors' 
qualifications are evaluated and the most qualified competitor is 
selected, subject to negotiation of fair and reasonable compensation. 
The method, where price is not used as a selection factor, can only be 
used in procurement of A/E professional services. It cannot be used to 
purchase other types of services though A/E firms are a potential 
source to perform the proposed effort.
    (4) Procurement by noncompetitive proposals is procurement through 
solicitation of a proposal from only one source, or after solicitation 
of a number of sources, competition is determined inadequate.
    (i) Procurement by noncompetitive proposals may be used only when 
the award of a contract is infeasible under small purchase procedures, 
sealed bids or competitive proposals and one of the following 
circumstances applies:
    (A) The item is available only from a single source;
    (B) The public exigency or emergency for the requirement will not 
permit a delay resulting from competitive solicitation;
    (C) The awarding agency authorizes noncompetitive proposals; or
    (D) After solicitation of a number of sources, competition is 
determined inadequate.
    (ii) Cost analysis, i.e., verifying the proposed cost data, the 
projections of the data, and the evaluation of the specific elements of 
costs and profits, is required.
    (iii) Grantees and subgrantees may be required to submit the 
proposed procurement to the awarding agency for pre-award review in 
accordance with paragraph (g) of this section.
* * * * *
    (g) Awarding agency review. (1) Grantees and subgrantees must make 
available, upon request of the awarding agency, technical 
specifications on proposed procurements where the awarding agency 
believes such review is needed to ensure that the item and/or service 
specified is the one being proposed for purchase. This review generally 
will take place prior to the time the specification is incorporated 
into a solicitation document. However, if the grantee or subgrantee 
desires to have the review accomplished after a solicitation has been 
developed, the awarding agency may still review the specifications, 
with such review usually limited to the technical aspects of the 
proposed purchase.
    (2) Grantees and subgrantees must on request make available for 
awarding agency pre-award review procurement documents, such as 
requests for proposals or invitations for bids, independent cost 
estimates, etc. when:
    (i) A grantee's or subgrantee's procurement procedures or operation 
fails to comply with the procurement standards in this section; or
    (ii) The procurement is expected to exceed the simplified 
acquisition threshold and is to be awarded without competition or only 
one bid or offer is received in response to a solicitation; or
    (iii) The procurement, which is expected to exceed the simplified 
acquisition threshold, specifies a ``brand name'' product; or
    (iv) The proposed award is more than the simplified acquisition 
threshold and is to be awarded to other than the apparent low bidder 
under a sealed bid procurement; or
    (v) A proposed contract modification changes the scope of a 
contract or increases the contract amount by more than the simplified 
acquisition threshold.
    (3) A grantee or subgrantee will be exempt from the pre-award 
review in paragraph (g)(2) of this section if the awarding agency 
determines that its procurement systems comply with the standards of 
this section.
    (i) A grantee or subgrantee may request that its procurement system 
be reviewed by the awarding agency to determine whether its system 
meets these standards in order for its system to be certified. 
Generally, these reviews shall occur where there is a continuous high-
dollar funding, and third-party contracts are awarded on a regular 
basis.
    (ii) A grantee or subgrantee may self-certify its procurement 
system. Such self-certification shall not limit the awarding agency's 
right to survey the system. Under a self-certification procedure, 
awarding agencies may wish to rely on written assurances from the 
grantee or subgrantee that it is complying with these standards. A 
grantee or subgrantee will cite specific procedures, regulations, 
standards, etc., as being in compliance with these requirements and 
have its system available for review.
    (h) Bonding requirements. For construction or facility improvement 
contracts or subcontracts exceeding the simplified acquisition 
threshold, the awarding agency may accept the bonding policy and 
requirements of the grantee or subgrantee provided the awarding agency 
has made a determination that the awarding agency's interest is 
adequately protected. If such a determination has not been made, the 
minimum requirements shall be as follows:
    (1) A bid guarantee from each bidder equivalent to five percent of 
the bid price. The ``bid guarantee'' shall consist of a firm commitment 
such as a bid bond, certified check, or other negotiable instrument 
accompanying a bid as assurance that the bidder will, upon acceptance 
of his bid, execute such contractual documents as may be required 
within the time specified.
    (2) A performance bond on the part of the contractor for 100 
percent of the contract price. A ``performance bond'' is one executed 
in connection with a contract to secure fulfillment of all the 
contractor's obligations under such contract.
    (3) A payment bond on the part of the contractor for 100 percent of 
the contract price. A ``payment bond'' is one executed in connection 
with a contract to assure payment as required by law of all persons 
supplying labor and material in the execution of the work provided for 
in the contract.
    (i) Contract provisions. A grantee's and subgrantee's contracts 
must contain provisions in paragraph (i) of this section. Federal 
agencies are permitted [[Page 19641]] to require changes, remedies, 
changed conditions, access and records retention, suspension of work, 
and other clauses approved by the Office of Federal Procurement Policy.
    (1) Administrative, contractual, or legal remedies in instances 
where contractors violate or breach contract terms, and provide for 
such sanctions and penalties as may be appropriate. (Contracts more 
than the simplified acquisition threshold)
    (2) Termination for cause and for convenience by the grantee or 
subgrantee including the manner by which it will be effected and the 
basis for settlement. (All contracts in excess of $10,000)
    (3) Compliance with Executive Order 11246 of September 24, 1965, 
entitled ``Equal Employment Opportunity,'' as amended by Executive 
Order 11375 of October 13, 1967, and as supplemented in Department of 
Labor regulations (41 CFR chapter 60). (All construction contracts 
awarded in excess of $10,000 by grantees and their contractors or 
subgrantees)
    (4) Compliance with the Copeland ``Anti-Kickback'' Act (18 U.S.C. 
874) as supplemented in Department of Labor regulations (29 CFR Part 
3). (All contracts and subgrants for construction or repair)
    (5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) 
as supplemented by Department of Labor regulations (29 CFR Part 5). 
(Construction contracts in excess of $2000 awarded by grantees and 
subgrantees when required by Federal grant program legislation)
    (6) Compliance with Sections 103 and 107 of the Contract Work Hours 
and Safety Standards Act (40 U.S.C. 327-330) as supplemented by 
Department of Labor regulations (29 CFR Part 5). (Construction 
contracts awarded by grantees and subgrantees in excess of $2000, and 
in excess of $2500 for other contracts which involve the employment of 
mechanics or laborers)
    (7) Notice of awarding agency requirements and regulations 
pertaining to reporting.
    (8) Notice of awarding agency requirements and regulations 
pertaining to patent rights with respect to any discovery or invention 
which arises or is developed in the course of or under such contract.
    (9) Awarding agency requirements and regulations pertaining to 
copyrights and rights in data.
    (10) Access by the grantee, the subgrantee, the Federal grantor 
agency, the Comptroller General of the United States, or any of their 
duly authorized representatives to any books, documents, papers, and 
records of the contractor which are directly pertinent to that specific 
contract for the purpose of making audit, examination, excerpts, and 
transcriptions.
    (11) Retention of all required records for three years after 
grantees or subgrantees make final payments and all other pending 
matters are closed.
    (12) Compliance with all applicable standards, orders, or 
requirements issued under section 306 of the Clean Air Act (42 U.S.C. 
1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), 
Executive Order 11738, and Environmental Protection Agency regulations 
(40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in 
excess of $100,000)
    (13) Mandatory standards and policies relating to energy efficiency 
which are contained in the state energy conservation plan issued in 
compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 
89 Stat. 871).
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Adoption of Final Common Rule

    The agency-specific adoptions of the final common rule, which 
appears at the end of the common preamble, appear below.

DEPARTMENT OF AGRICULTURE

7 CFR Part 3016

RIN 0503-AA08
FOR FURTHER INFORMATION CONTACT:
Gerald Miske, Supervisory Management Analyst, Federal Assistance and 
Fiscal Policy Division, U.S. Department of Agriculture, Washington, DC 
20250, (202) 720-1553.

List of Subjects in 7 CFR Part 3016

    Accounting, Contract programs, Grant programs--agriculture, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Issued at Washington, DC.
Anthony A. Williams,
Chief Financial Officer.
    Approved:
Dan Glickman,
Secretary of Agriculture.
    Title 7 of the Code of Federal Regulations, part 3016 is amended as 
follows.

PART 3016--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 3016 continues to read as follows:

    Authority: 5 U.S.C. 301.

    2. Section 3016.36 is amended as set forth at the end of the common 
preamble.
BILLING CODE 3410-90-P
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DEPARTMENT OF ENERGY

10 CFR Part 600

RIN 1991-AB15
FOR FURTHER INFORMATION CONTACT: Cherlyn Seckinger, Business and 
Financial Policy Division (HR-51) U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585, (202) 586-8192.

List of Subjects in 10 CFR Part 600

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistance Management.

    Title 10 of the Code of Federal Regulations, part 600 is amended as 
follows.

PART 600--FINANCIAL ASSISTANCE RULES

Subpart C--Uniform Administrative Requirements for Grants and 
Cooperative Agreements to State and Local Governments

    1. The authority for part 600 continues to read as follows:

    Authority: Secs. 644 and 646, Pub. L. 95-91, 91 Stat. 599 (42 
U.S.C. 7254 and 7256); Pub. L. 97-258, 96 Stat. 1003-1005 (31 U.S.C. 
6301-6308).

    2. Section 600.236 [______.36] is amended as set forth at the end 
of the common preamble.

BILLING CODE 6450-01-M
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SMALL BUSINESS ADMINISTRATION

13 CFR Part 143

FOR FURTHER INFORMATION CONTACT: Calvin Jenkins, Assistant 
Administrator for Administration, 202-205-6630.

List of Subjects in 13 CFR Part 143

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Philip Lader,
Administrator.

    Title 13 of the Code of Federal Regulations, part 143 is amended as 
follows: [[Page 19642]] 

PART 143--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The for part 143 continues to read as follows:

    Authority: 15 U.S.C. 634(b)(6).

    2. Section 143.36 is amended as set forth at the end of the common 
preamble.
BILLING CODE 8025-01-M
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DEPARTMENT OF COMMERCE

15 CFR Part 24

RIN 0605-AA04
FOR FURTHER INFORMATION CONTACT: John J. Phelan, III, 202-482-4115.

List of Subjects in 15 CFR Part 24

    Accounting, Contract programs, Grants programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Sonya G. Stewart,
Director, Office of Executive Budgeting and Assistance Management.

    Title 15 of the Code of Federal Regulations, part 24 is amended as 
follows.

PART 24--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 24 continues to read as follows:

    Authority: 5 U.S.C. 301.

    2. Section 24.36 is amended as set forth at the end of the common 
preamble.

BILLING CODE 3510-FA-M
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OFFICE OF NATIONAL DRUG CONTROL POLICY

21 CFR Part 1403

RIN 3201-ZA00
FOR FURTHER INFORMATION CONTACT: Richard Yamamoto, Director, High 
Intensity Drug Trafficking Areas Program, (202) 395-6755.

List of Subjects in 21 CFR Part 1403

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Lee P. Brown,
Director.

    Title 21 of the Code of Federal Regulations, part 1403 is amended 
as follows.

PART 1403--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 1403 continues to read as follows:

    Authority: 5 U.S.C. 301.

    2. Section 1403.36 is amended as set forth at the end of the common 
preamble.

BILLING CODE 3180-02-M
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DEPARTMENT OF STATE

22 CFR Part 135

RIN 1400-AA53
FOR FURTHER INFORMATION CONTACT: Robert Lloyd, Office of the 
Procurement Executive, 703-516-1690.

List of Subjects in 22 CFR Part 135

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Lloyd W. Pratsch,
Procurement Executive.

    Title 22 of the Code of Federal Regulations, Part 135 is amended as 
follows:

PART 135--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 135 continues to read as follows:

    Authority: 22 U.S.C. 2658.

    2. Section 135.36 is amended as set forth at the end of the common 
preamble.
BILLING CODE 4710-24-M
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DEPARTMENT OF STATE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 85

RIN 2535-AA22
FOR FURTHER INFORMATION CONTACT: Edward L. Girovasi, Jr., Director, 
Policy and Evaluation Division, (202) 708-0294. TDD: (202) 708-1112.

List of Subjects in 24 CFR Part 85

    Accounting, Contract programs, Grant programs, Indians, 
Intergovernmental relations, Reporting and recordkeeping requirements.
Henry G. Cisneros,
Secretary.

    Title 24 of the Code of Federal Regulations, part 85 is amended as 
follows:

PART 85--ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE 
AGREEMENTS TO STATE, LOCAL AND FEDERALLY RECOGNIZED INDIAN TRIBAL 
GOVERNMENTS

    1. The authority for part 85 continues to read as follows:

    Authority: 42 U.S.C. 3535(d).

    2. Section 85.36 is amended as set forth at the end of the common 
preamble.

BILLING CODE 4210-32-M
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DEPARTMENT OF JUSTICE

28 CFR Part 66

[OJP No. 1007F; A.G. Order No. 1961-95]
RIN 1121-AA16
FOR FURTHER INFORMATION CONTACT:
Cynthia J. Schwimer, Director, Financial Management Division, 202-307-
3186.

List of Subjects in 28 CFR Part 66

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations; Reporting and recordkeeping requirements.
Janet Reno,
Attorney General.

    Title 28, Chapter I, of the Code of Federal Regulations, part 66 is 
amended as follows.

PART 66--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 66 is revised to read as follows:

    Authority: 18 U.S.C. 4042, 4351-4353; 42 U.S.C. 3711 et seq., 
5601 et seq., 10601 et seq.

    2. Sections 66.36 is amended as set forth at the end of the common 
preamble.

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[[Page 19643]]

DEPARTMENT OF JUSTICE

DEPARTMENT OF LABOR

29 CFR Part 97

RIN 1291-AA22
FOR FURTHER INFORMATION CONTACT: Melvin Goldberg, Chief, Division of 
Procurement and Grant Policy, (202) 219-9174.

List of Subjects in 29 CFR Part 97

    Accounting, Contract programs, Grants programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Cynthia A. Metzler,
Assistant Secretary for Administration and Management.

    Title 27 of the Code of Federal Regulations, part 97 is amended as 
follows:

PART 97--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 97 continues to read as follows:

    Authority: 5 U.S.C. 301; OMB Circular A-102.

    2. Section 97.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF JUSTICE
FEDERAL MEDIATION AND CONCILIATION SERVICE

29 CFR Part 1470

RIN 3076-AA03
FOR FURTHER INFORMATION CONTACT: Peter Regner, (202) 606-8181

List of Subjects in 29 CFR Part 1470

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
John Calhoun Wells,
Director.

    Title 29 of the Code of Federal Regulations, Part 1470 is amended 
as follows.

PART 1470--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 1470 continues to read as follows:

    Authority: 29 U.S.C. 175a.

    2. Section 1470.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF JUSTICE
DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 33

RIN 0790-AG05
FOR FURTHER INFORMATION CONTACT: Mark Herbst, (703) 614-0205.

ADDITIONAL SUPPLEMENTARY INFORMATION: The Department of Defense adopts 
this amendment to the Governmentwide common rule on administration of 
grants and cooperative agreements to State and local governments. In 
adopting this rule, the Office of the Secretary of Defense, the 
Military Departments and the Defense Agencies will maintain uniform 
procedures that are consistent with those of other Executive 
Departments and Agencies.
    The Department of Defense originally codified this Governmentwide 
rule on March 11, 1988 (53 FR 8034), at 32 CFR Part 278. On February 
21, 1992 (57 FR 6199), Part 278 was redesignated as Part 33. This 
rulemaking amends the redesignated Part 33.

List of Subjects in 32 CFR Part 33

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Linda M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

    Title 32 of the Code of Federal Regulations, part 33 is amended as 
follows:

PART 33--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 33 continues to read as follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. 113.

    2. Section 33.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF JUSTICE
DEPARTMENT OF EDUCATION

34 CFR Part 80

RIN 1880-AA63
FOR FURTHER INFORMATION CONTACT: Greg Vick, U.S. Department of 
Education, Room 3636 ROB, Washington, DC 20202-4700. Telephone: (202) 
708-8199. Individuals who use a telecommunications device for the deaf 
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through 
Friday.

List of Subjects in 34 CFR Part 80

    Accounting, Contract programs, Grant programs--education, 
Intergovernmental relations, Reporting and recordkeeping requirements.
Richard W. Riley,
Secretary of Education.

    Title 34 of the Code of Federal Regulations, part 80 is amended as 
follows.

PART 80--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 80 continues to read as follows:

    Authority: 20 U.S.C. 1221e-3 and 3474, OMB Circular A-102, 
unless otherwise noted.

    2. Section 80.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF JUSTICE
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1207

RIN 3095-AA23
FOR FURTHER INFORMATION CONTACT: Mary Ann Hadyka or Nancy Allard on 
301-713-6730.

List of Subjects in 36 CFR Part 1207

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Trudy Huskamp Peterson,
Acting Archivist of the United States.

    Title 36 of the Code of Federal Regulations, part 1207 is amended 
as follows.

PART 1207--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 1207 continues to read as follows:

    Authority: 44 U.S.C. 2104.

    [[Page 19644]] 2. Section 1207.36 is amended as set forth at the 
end of the common preamble.

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DEPARTMENT OF JUSTICE
DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 43

RIN 2900-AH26
FOR FURTHER INFORMATION CONTACT: PDale L. Renaud, Deputy Assistant 
Secretary for Intergovernmental Affairs (075), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 273-5760.

List of Subjects in 38 CFR Part 43

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.
Jesse Brown,
Secretary of Veterans Affairs.

    Title 38 of the Code of Federal Regulations, part 43 is amended as 
follows:

PART 43--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 43 is revised to read as follows:

    Authority: 38 U.S.C. 501, 1712.

    2. Section 43.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF JUSTICE
ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 31

RIN 2030-AA34
FOR FURTHER INFORMATION CONTACT: Linda Yancey, Grants Policy and 
Procedures Branch, Grants Administration Division (3903F), 401 M Street 
SW., Washington, DC 20460, (202) 260-5264.

List of Subjects in 40 CFR Part 31

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 31, 1995.
Carol M. Browner,
Administrator.

    Title 40 of the Code of Federal Regulations, part 31 is amended as 
follows.

PART 31--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 31 continues to read as follows:

    Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 7401 et seq.; 42 
U.S.C. 6901 et seq.; 42 U.S.C. 300f et seq.; 7 U.S.C. 136 et seq.; 
15 U.S.C. 2601 et seq.; 42 U.S.C. 9601 et seq.; 20 U.S.C. 4011 et 
seq.; 33 U.S.C. 1401 et seq.

    2. Section 31.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF JUSTICE
GENERAL SERVICES ADMINISTRATION

41 CFR Part 105-71

RIN 3090-AF-59
FOR FURTHER INFORMATION CONTACT: John P. Dyer, General Services 
Administration, Public Buildings Service, Office of Federal Protective 
Service, 18th and F Streets, NW, Room 7316, Washington, DC 20405. 
Telephone: (202) 501-0160.

List of Subjects in 41 CFR Part 105-71

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 6, 1995.

Julia M. Stasch,
Acting Administrator of General Services.
    Title 41 of the Code of Federal Regulations, part 105-71 is amended 
as follows:

PART 105-71--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 105-71 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)).

    2. Section 105-71.136 [______.36] is amended as set forth at the 
end of the common preamble.

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DEPARTMENT OF JUSTICE
DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 12

RIN 1090-AA47
FOR FURTHER INFORMATION CONTACT: Dean A. Titcomb, Chief, Acquisition 
and Assistance Division, (202) 208-6431.

List of Subjects in 43 CFR Part 12

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: March 27, 1995.
Joseph L. Sax,
Acting Assistant Secretary--Policy, Management and Budget.

    Title 43 of the Code of Federal Regulations, Part 12 is amended as 
follows.

PART 12--ADMINISTRATIVE AND AUDIT REQUIREMENTS AND COST PRINCIPLES 
FOR ASSISTANCE PROGRAMS

    1. The authority for part 12 continues to read as follows:

    Authority: 5 U.S.C. 301; U.S.C. 6101 note, 7501; 41 U.S.C. 252a; 
701 et seq.; sec. 307, Pub. L. 103-332, 108 Stat. 2499; sec. 501, 
Pub. L. 103-316, 108 Stat. 1723; E.O. 12549, 3 CFR, 1986 Comp., p. 
189; E.O. 12674, 3 CFR, 1989 Comp., p. 215; E.O. 12731, 3 CFR, 1990 
Comp., p. 306; OMB Circular A-102; OMB Circular A-110; OMB Circular 
A-128; and OMB Circular A-133.

Subpart C--Uniform Administrative Requirements for Grants and 
Cooperative Agreements to State and Local Governments

    2. Section 12.76 [____.36] is amended as set forth at the end of 
the common preamble.

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DEPARTMENT OF JUSTICE
FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 13

FOR FURTHER INFORMATION CONTACT: Charles F. McNulty, Federal Emergency 
Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-
2976.

List of Subjects in 44 CFR Part 13

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, [[Page 19645]] Reporting and recordkeeping requirements.
Harvey G. Ryland,
Deputy Director.

    Title 44 of the Code of Federal Regulations, part 13 is amended as 
follows.

PART 13--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 13 is revised to read as follows:

    Authority: Reorg. Plan No. 3, 1978; E.O. 12148, 3 CFR, 1979 
Comp., p. 412.

    2. Section 13.36 is amended as set forth at the end of the common 
preamble.

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DEPARTMENT OF JUSTICE
DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 92

RIN 0991-AA77
FOR FURTHER INFORMATION CONTACT:
Charles Gale, Director, Division of Grants Policy and Oversight, 202-
690-6377. For the hearing impaired only: Telecommunications Device for 
the Deaf 202-690-6415.

ADDITIONAL SUPPLEMENTARY INFORMATION: For clarification, in addition to 
applying to State and local governments, this amendment also applies to 
Indian Tribal governments.


List of Subjects in 45 CFR Part 92

    Accounting, Contract programs, Grant programs, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 4, 1995.
Donna E. Shalala,
Secretary.

    Title 45 of the Code of Federal Regulations, part 92 is amended as 
follows.

PART 92--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND 
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS

    1. The authority for part 92 continues to read as follows:

    Authority: 5 U.S.C. 301.

    2. Section 92.36 is amended as set forth at the end of the common 
preamble.

BILLING CODE 4150-04-M