[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78767-78769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30538]


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ELECTION ASSISTANCE COMMISSION


Agency Information Collection Activities: Proposed Collection, 
Comment Request; Uniform Administrative Requirements for Grants and 
Cooperative Agreements to State and Local Governments

AGENCY: U.S. Election Assistance Commission (EAC).

ACTION: Notice and request for comments.

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SUMMARY: The EAC, as part of its continuing effort to reduce paperwork 
and respondent burden in accordance with the Paperwork Reduction Act of 
1995, invites the general public and other Federal agencies to take 
this opportunity to comment on proposed information collections; and 
recordkeeping requirements. Comments are invited on: (a) Whether the 
proposed

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collections of information and/or recordkeeping requirements are 
necessary for the proper performance of the agency's functions, 
including whether the information has practical utility; (b) the 
accuracy of the agency's estimate of the burden of the proposed 
information collections and/or recordkeeping requirements, including 
the validity of the methodology and assumptions used; (c) ways to 
enhance the quality, utility, and clarity of the information to be 
collected or records to be kept; and (d) ways to minimize the burden of 
the information collections and/or recordkeeping requirements on 
respondents. Comments submitted in response to this notice will be 
summarized and/or included in the request for OMB approval.

DATES: You must submit comments on or before 5 PM Eastern Standard Time 
on February 23, 2009.

ADDRESSES: You may submit comments on the proposed information 
collections and/or recordkeeping requirements by any of the following 
methods. Please submit your comments via only one of the methods 
described.
     E-mail: Send comments to [email protected] with ``Comments 
for [Title of Regulation]'' in the subject line.
     Fax: Send to ``EAC Regulations'' at (202) 566-3128. 
Comments sent by fax must be limited to 6 pages.
     Mail: Send to ``EAC Regulations'' at U.S. Election 
Assistance Commission, 1225 New York Avenue, Suite 1100, Washington, DC 
20005. Comments sent by mail must be unbound, be on paper no larger 
than 8.5'' by 11''; and be submitted in duplicate. Mailed comments will 
not accepted in electronic form (floppy disk, CD, etc.).
     Hand Delivery/Courier: Deliver to Suite 1100, 1225 New 
York Avenue, Washington, DC 20005 between 9 a.m. and 5 p.m., Monday 
through Friday, except federal holidays. Comments submitted by hand 
delivery must be unbound, be on paper no larger than 8.5'' by 11''; and 
be submitted in duplicate. Comments sent by courier or hand delivery 
will not be accepted in electronic form (floppy disk, CD, etc.).
    Instructions: All submissions must include the agency name and 
regulation title (i.e. ``Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments'') for this 
information collection/recordkeeping requirement. Please also identify 
comments on regulatory text by subpart and section. Note that all 
comments received will be publicly posted, including any personal 
information provided. The EAC will post comments without change unless 
the comment contains profanity or material that is prohibited from 
disclosure by law.

FOR FURTHER INFORMATION CONTACT: Tamar Nedzar, Attorney, U.S. Election 
Assistance Commission, 1225 New York Avenue NW., Suite 1100, 
Washington, DC 20005. Telephone (202) 566-3100.

SUPPLEMENTARY INFORMATION: 
    Title: Uniform Administrative Requirements for Grants and 
Cooperative Agreements to State and Local Governments:
    OMB Number: Pending.
    Type of Review: Regular submission.
    Summary of Information Collections and Recordkeeping Requirements: 
(Full text of regulation at www.eac.gov; and available upon written 
request).
    11 CFR 9423.12(c)--Written notice to grantee or subgrantee. This 
section requires the awarding official to provide each of its grantees 
and subgrantees with written notice of any special conditions and/or 
restrictions on the grantee or subgrantee because it is considered 
``high risk'' and the reasons for imposing the conditions or 
restrictions. The notice will also include any corrective actions to 
the grantees' management systems to meet required management standards 
that must be taken before the grantee or subgrantee will be removed 
from being high risk, the time allowed for completing these corrective 
actions, and the method of requesting reconsideration of the 
conditions/restrictions imposed.
    11 CFR 9423.20(a)--Financial management systems. This section 
requires a State to create financial management systems for itself as 
well as its subgrantees and cost-type contractors. These systems must 
allow for States to prepare reports and permit the tracing of funds 
adequately enough to establish that such funds have not been used 
inappropriately.
    11 CFR 9423.20(b)--Financial management systems. This section 
requires grantees and subgrantees to maintain financial management 
systems to support financial reporting; maintain accounting records; 
control and account for all cash, real and personal property, and other 
assets and assure that they are used for authorized purposes; show 
budget control; follow applicable regulations in determining allowable 
costs; maintain source documentation; and establish procedures to 
ensure the receipt of reports on cash balances and cash disbursements 
from subgrantees to prepare cash transactions reports to the awarding 
agency.
    11 CFR 9423.20(c)--Awarding agency review. This section provides 
that the awarding agency may review the adequacy of the financial 
management system of any applicant for financial assistance as part of 
a pre-award review or at any time subsequent to the award.
    11 CFR 9423.24(g)--Appraisal of real property. This section 
provides that an independent appraiser set the market value or fair 
rental value of real property held by the grantee and that the value or 
rate be certified by the grantee. This requirement will also be imposed 
by the grantee on subgrantees.
    11 CFR 9423.30--Prior written approval of post-award budget/project 
changes. Section 9423.30(a) requires certain types of post-award 
changes in budget and projects specified in paragraphs (c) and (d) of 
this section to have prior written approval of EAC. The format for the 
request is specified in paragraph (f).
    11 CFR 9423.30(f)(3)--Prior approval decision. This section 
provides that the grantee promptly review budget/program change 
requests from subgrantees and approve or disapprove the request in 
writing. If applicable, EAC would need to approve the grantee's request 
for changes to its project before the grantee could approve the 
subgrantee's request.
    11 CFR 9423.32(b)--Equipment. This section requires that each 
grantee establish proper sales procedures to sell property and adequate 
maintenance procedures to keep the property in good condition.
    11 CFR 9423.32(f)--Inventory list. This section requires a grantee 
to submit to EAC an annual inventory of all federally owned property 
for which it is accountable.
    11 CFR 9423.36(g)(1)--Awarding agency review. This section provides 
that the awarding agency review technical specifications on proposed 
procurements to ensure that the item/service specified is the one being 
proposed for purchase.
    11 CFR 9423.40(b)--Nonconstruction performance reports. This 
section provides that EAC may require grantees to submit performance 
reports annually or more frequently, as necessary. For the 55 HAVA 
grantees and 5 election data grantees, this report is due annually. The 
20 college mock election grantees report twice a year.
    11 CFR 9423.40(d)--Significant developments. This section requires 
grantees to inform EAC of any problems, delays, or adverse conditions 
which would inhibit the grantee's ability to meet the objective of the 
award. This disclosure must include a statement of the action taken, or 
contemplated, and any assistance needed to resolve the situation. 
Grantees must also inform EAC of any favorable developments that

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would allow time schedules and objectives to be met sooner and/or at 
less cost than was anticipated.
    11 CFR 9423.41(d)--Request for advance or reimbursement. This 
section requires that grantee requests for Treasury check advance 
payments and for reimbursement under nonconstruction grants be 
submitted on SF-270.
    11 CFR 9423.42--Recordkeeping. This section requires grantees and 
subgrantees to retain all required records for three years from the 
starting date.
    11 CFR 9423.42(b)(3)--Transfer of records. This section provides 
that the awarding agency may request transfer of records to its custody 
when it determines that the records possess long-term retention value.
    11 CFR 9423.50--Closeout. This section requires the grantee to 
submit all financial, performance, and other reports required as a 
condition of the grant. This includes the final performance or progress 
report (SF-PPR), the Federal Financial Report (SF-425) or Outlay Report 
and Request for Reimbursement for Construction Programs (SF 271), the 
final request for payment (SF 270), invention disclosure, and 
Federally-owned property report.
    Needs and Uses: On March 12, 1987, President Reagan signed a 
memorandum directing all affected Executive departments and agencies to 
simultaneously issue a common rule that adopted governmentwide terms 
and conditions for grants to State and local governments. The 
departments and agencies followed the guidelines of OMB Circular A-102, 
and adopted the wording of the Circular verbatim, with their statutory 
deviations. The common rule was issued on March 11, 1988, and has been 
updated periodically to reflect new legislation and Executive Orders. 
EAC, which was created by the Help America Vote Act of 2002, is 
codifying the common rule at 11 CFR part 9423, and this regulation 
includes the OMB-required reporting and recordkeeping. The pre-award 
information, (SF-424, Application for Federal Assistance), is used to 
qualify and select grant applications. The post-award information, (SF-
425, Federal Financial Report; SF-270, Request for Advance or 
Reimbursement; and SF-271 Outlay Report & Request for Reimbursement for 
Construction Programs), is used to monitor grantee performance. The 
after-the-grant information, (SF-425, Federal Financial Report), is 
used to close out the grant awards. The information is necessary to 
ensure minimum fiscal control and accountability for Federal funds and 
deter fraud, waste, and abuse.

Information Collection Associated With Regulations

    Affected Public: EAC grant recipients.
    Estimated Number of Respondents: 467.
    Total Annual Responses: 467.
    Estimated Total Annual Burden Hours: 347 hours.

Recordkeeping Requirement Associated With Regulations

    Affected Public: EAC grant recipients.
    Estimated Number of Respondents: 5,087.
    Total Annual Responses: 5,087.
    Estimated Total Annual Burden Hours: 33,913 hours.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. E8-30538 Filed 12-22-08; 8:45 am]
BILLING CODE 6820-KF-P