[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57930-57932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28361]



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[[Page 57931]]


DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 70

[OJP No. 1004; AG Order No. 1998-95]
RIN 1121-AA18


Uniform Administrative Requirements for Grants and Agreements 
With Institutions of Higher Education, Hospitals and Other Non-Profit 
Organizations; Correction

AGENCY: Department of Justice, Office of Justice Programs.

ACTION: Correction to final rule.

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SUMMARY: This document contains corrections to the final rule, 28 CFR 
part 70, which was published in the Federal Register on Wednesday, July 
26, 1995, (60 FR 38241). This regulatory clarification and correction 
document provides clarification on the Department of Justice 
implementation of the revised Office of Management and Budget Circular 
A-110 concerning ``Uniform Administrative Requirements for Grants and 
Agreements With Institutions of Higher Education, Hospitals and Other 
Non-Profit Organizations'' and corrects a number of typographical 
errors and section references in the text of the rule.

EFFECTIVE DATE: This correction document is effective November 24, 
1995.

FOR FURTHER INFORMATION CONTACT: Cynthia J. Schwimer, Director, 
Financial Management Division, Office of the Comptroller, Office of 
Justice Programs at 202-307-3186.

SUPPLEMENTARY INFORMATION: This document serves to clarify and correct 
the Department of Justice (hereinafter ``Department'') Rule, 28 CFR 
part 70, which implements Office of Management and Budget (hereinafter 
``OMB'') Circular A-110, ``Uniform Administrative Requirements for 
Grants and Agreements with Institutions of Higher Education, Hospitals 
and Other Non-Profit Organizations'' (hereinafter ``A-110'' or 
``Circular''). The final rule was published in the Federal Register on 
Wednesday, July 26, 1995 at 60 FR 38241.
    The Department implemented OMB's Circular A-110 by promulgating 28 
CFR part 70 and in doing so incorporated most of its provisions. As 
appropriate, however, the Department has elaborated on, streamlined, or 
left out provisions of the Circular to make the rule pertain more 
directly to the Department's customers and their activities. For 
example, directives to the federal agencies and organizations not 
currently receiving funding from the Department were left out of the 
final rule so as not to include information that would make the rule 
confusing or cumbersome. For instance, A-110 ____.22 directed that no 
more than an original and two copies of any forms authorized for use 
under Sec. 70.22 could be required of grantees. The Department abides 
by this, and other such requirements, but did not include these Agency-
directed instructions in this rule. The Department will include the 
requisite instructions as part of any administrative guidance it 
provides. Requirements in addition to, or inconsistent with, those in 
A-110, will not be imposed on grantees unless specifically authorized 
by law, as directed in A-110 ____.1 and ____.25.
    Specifically, regulatory language with respect to research and 
hospitals in A-110 ____.24 and ____.25 was not included in the 
Department's rule. The Department does not currently make awards for 
the type of research activities that A-110 was intended to cover. In 
addition, it does not make awards to hospitals, as defined in the 
Circular. If, in the future, however, the Department does make such 
awards, the Department's rule will be amended to incorporate all the 
provisions of A-110 that would apply. All organizations that currently 
have awards with the Department must comply with the provisions of this 
rule, as it is codified and modified by this correction notice.
    The rule, as published in the Federal Register, included several 
typographical errors and incorrect section references. In some places 
reference was made to ``DOS'' instead of the ``Department.'' Two 
incorrect section references in Sec. 70.25 have been corrected to 
reflect the proper sections. Section 70.25(j) is also corrected by 
adding after ``thirty'' the words ``calendar days from the date of 
receipt'' which were left out of the original publication.
    The fixed sum amount is being changed by this correction in the 
definition of ``small awards'' in Sec. 70.2(ff) to reflect the ``small 
purchase threshold'' (renamed ``simplified acquisition threshold'') 
definition in 41 U.S.C. 403(11), which was recently increased from 
$25,000 to $100,000. A clause, inadvertently left out of section 70.33 
on ``exempt property'', is being added for clarification. By adding the 
clause ``[w]hen statutory authority exists'' at the beginning of 
paragraph (b) in section 70.33, and changing ``will'' to ``may'' in 
that paragraph, the Department hopes to clarify that title to ``exempt 
property'' may only vest with the recipient when the requisite 
statutory authority exists.
    Section 70.44 is corrected by replacing the first ``must'' that 
appears in paragraph (c) with a ``may'' to indicate that the type of 
procuring instrument used may be determined by the recipient, although 
such a determination is not required. Further, in section 70.52, the 
deadline for submission of the financial status reports should be 45 
days rather than the 40 days that appeared in the final rule. The 45-
day time period includes the 30 days provided for in A-110, with the 
addition of a 15 day grace period that the Department customarily 
provides its recipients for submission of these reports. The Department 
provides this 15 day grace period because of its strict policy to 
withhold funding to an organization when it becomes delinquent in its 
submission of these reports.

Need for Correction

    As published in the Federal Register on July 26, 1995, (60 FR 
38241), the final rule left out an important clause and contained 
typographical errors and incorrect section references that are 
misleading or incorrect. These errors are in need of correction.

Correction of Publication

    Accordingly, the final rule, as published in the Federal Register 
on July 26, 1995, which was the subject of FR Doc. 95-18157, is 
corrected as follows:


Sec. 70.2  [Corrected]

    Paragraph 1. On page 38244, in the first column, Sec. 70.2, 
paragraph (ff) is corrected by amending `'small purchase threshold'' to 
read ``simplified acquisition threshold'' and amending the 
parenthetical statement ``(currently $25,000)'' at the end of the 
paragraph to read ``(currently $100,000)''.


Sec. 70.22  [Corrected]

    Paragraph 2. On page 38246, in the third column, Sec. 70.22, 
paragraph (h)(2), the reference ``DOS'' is corrected to read ``the 
Department''.


Sec. 70.25  [Corrected]

    Paragraph 3. On page 38248, in the third column, Sec. 70.25, 
paragraph (e) contains a reference paragraph ``(h)''. The reference to 
paragraph ``(h)'' is corrected to ``(g)''.
    Paragraph 4. On page 38248, in the third column, Sec. 70.25 
paragraph (f) the reference to paragraph ``(e)'' is corrected to read 
``(f)''.
    Paragraph 5. On page 38248, in the third column, Sec. 70.25, 
paragraph (j) is corrected in the first sentence by adding ``calendar 
days from the date of receipt'' after ``thirty'' in the first sentence.

[[Page 57932]]



Sec. 70.33  [Corrected]

    Paragraph 6. On page 38250, in column one, Sec. 70.33 paragraph (b) 
is corrected to read as follows:
 * * * * *
    (b) Exempt property. When statutory authority exists, the 
Department may vest title to property acquired with Federal funds in 
the recipient without further obligation to the Federal Government when 
such property is ``exempt property.''
 * * * * *


Sec. 70.36  [Corrected]

    Paragraph 7. On page 38251, in the second column, Sec. 70.36 
paragraph (c) is corrected by adding ``in'' before ``paragraphs''.


Sec. 70.44  [Corrected]

    Paragraph 8. On page 38252, in the second column, Sec. 70.44 in 
paragraph (c) the first sentence is corrected by changing ``must be 
determined'' to ``may be determined''.


Sec. 70.51  [Corrected]

    Paragraph 9. On page 38253, in column two, in Sec. 70.51, paragraph 
(e) the reference to ``DOS'' is corrected to read ``the department''.


Sec. 70.52  [Corrected]

    Paragraph 10. On page 38253, in column three, in Sec. 70.52, 
paragraph (a)(1)(iii), the first sentence is corrected by inserting the 
word ``five'' after ``forty''.


Sec. 70.59  [Corrected]

    Paragraph 11. On page 38254, in the first column, in Sec. 70.53, 
paragraph (b)(3) is corrected by changing the reference to ``DOS'' to 
``the Department''.


Sec. 70.62  [Corrected]

    Paragraph 12. On page 38255, in column one, in Sec. 70.62, 
paragraph (d), ``DOS'' is corrected to read ``the Department''.

Appendix A to Part 70, Section 6 [Corrected]

    Paragraph 13. on page 38256, in column one, in Sec. 6 of Appendix A 
to Part 70, the reference in the second sentence to ``DOS'' is 
corrected to read ``Department''.

    Dated: November 9, 1995.
Janet Reno,
Attorney General.
[FR Doc. 95-28361 Filed 11-22-95; 8:45 am]
BILLING CODE 4410-18-M