[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Rules and Regulations]
[Pages 19898-19899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-55515]


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DEPARTMENT OF JUSTICE

28 CFR Part 70


Uniform Administrative Requirements for Grants and Agreements 
(Including Subawards) with Institutions of Higher Education, Hospitals 
and Other Non-Profit Organizations

CFR Correction

    In Title 28 of the Code of Federal Regulations, parts 43 to End, 
revised as of July 1, 1998, the text appearing on page 339, following 
page 238, is incorrect and should be removed. The text on page 239 
should read as follows:
 * * * * *
    (b) Except as provided in paragraph (h) of this section, program 
income earned during the project period must be retained by the 
recipient and, in accordance with the Department regulations or the 
terms and conditions of the award, must be used in one or more of the 
ways listed in the following:
    (1) Added to funds committed to the project by the Department and 
recipient and used to further eligible project or program objectives.
    (2) Used to finance the non-Federal share of the project or 
program.
    (3) Deducted from the total project or program allowable cost in 
determining the net allowable costs on which the Federal share of costs 
is based.
    (c) When the Department authorizes the disposition of program 
income as described in paragraphs (b)(1) or (b)(2), of this section, 
program income in excess of any limits stipulated must be used in 
accordance with paragraph (b)(3) of this section.
    (d) In the event that the Department does not specify in its 
regulations or the terms and conditions of the award how program income 
is to be used, paragraph (b)(3), of this section applies automatically 
to all projects or programs.
    (e) Unless the Department's regulations or the terms and conditions 
of the award provide otherwise, recipients will have no obligation to 
the Federal Government regarding program income earned after the end of 
the project period.
    (f) If authorized by the terms and conditions of the award, costs 
incident to the generation of program income may be deducted from gross 
income to determine program income, provided these costs have not been 
charged to the award.
    (g) Proceeds from the sale of property must be handled in 
accordance with the requirements of the Property Standards (See 
Sec. Sec. 70.30 through 70.37).
    (h) Unless the terms and conditions of the award provide otherwise, 
recipients will have no obligation to the Federal Government with 
respect to program income earned from license fees and royalties for 
copyrighted material, patents, patent applications, trademarks, and 
inventions produced under an award. However, Patent and Trademark 
Amendments (35 U.S.C. 18) apply to inventions made under an 
experimental, developmental, or research award.
    (i) Recipients must account for seized assets from the date of 
seizure until forfeiture and liquidation of funds occur.


Sec. 70.25  Revision of budget and program plans.

    (a) The budget plan is the financial expression of the project or 
program as approved during the award process. It may include either the 
Federal and non-Federal share, or only the Federal share, depending 
upon the Department's requirements. It must be related to performance 
for program evaluation purposes whenever appropriate.
    (b) Recipients are required to report deviations from budget and 
program plans, and request prior approvals for budget and program plan 
revisions, in accordance with this section.

[[Page 19899]]

    (c) For nonconstruction awards, recipients must request in writing 
prior approval from the Department for one or more of the following 
program or budget related reasons:
    (1) Change in the scope or the objective of the project or program 
(even if there is no associated budget revision requiring prior written 
approval).
    (2) Change in a key person specified in the application or award 
document.
    (3) The absence for more than three months, or a 25 percent 
reduction in time devoted to the project, by the approved project 
director or principal investigator.
    (4) The need for additional Federal funding.
    (5) The transfer of amounts budgeted for indirect costs to absorb 
increases in direct costs, or vice versa, approval is required by the 
Department.
    (6) The inclusion, unless waived by the Department, of costs that 
require prior approval in accordance with OMB Circular A-21, ``Cost 
Principles for Institutions of Higher Education,'' OMB Circular A-122, 
``Cost Principles for Non-Profit Organizations,'' or 45 CFR part 74 
appendix E, ``Principles for Determining Costs Applicable to Research 
and Development under Grants and Contracts with Hospitals,'' or 48 CFR* 
* *

[FR Doc. 99-55515 Filed 4-22-99; 8:45 am]
BILLING CODE 1505-01-F