[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
