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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Page 101837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29685]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 89, No. 242 / Tuesday, December 17, 2024 / 
Rules and Regulations

[[Page 101837]]

ELECTION ASSISTANCE COMMISSION

2 CFR Part 5801

Adoption of Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards

AGENCY: Election Assistance Commission.

ACTION: Final rule.

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SUMMARY: The U.S. Election Assistance Commission (EAC) is publishing 
this final rule to formally adopt the Office of Management & Budget's 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards regulations for EAC grants management, 
which is already included in the EAC's agreements with its grant 
recipients.

DATES: This final rule is effective December 20, 2024.

FOR FURTHER INFORMATION CONTACT: Camden Kelliher, EAC General Counsel. 
Phone: 202-360-3160, email: [email protected].

SUPPLEMENTARY INFORMATION: Through its terms and conditions of its 
grant awards, the EAC requires grant award recipients and sub-
recipients to abide by all federal financial assistance requirements, 
including 2 CFR part 200. The EAC already has regulations adopting 2 
CFR part 180, which can be found at 2 CFR part 5800.
    On April 4, 2024, the Office of Management & Budget (OMB) issued 
memorandum M-24-11, Reducing Burden in the Administration of Federal 
Financial Assistance in effort to provide government-wide direction to 
federal agencies on improving the management of federal financial 
assistance and to ensure the consistent management of such assistance. 
On April 22, 2024, OMB issued a final rule officially revising its 
regulations pertaining to federal financial assistance management in 
title 2 of the CFR and requiring agencies to implement the newly 
revised regulations as quickly as possible by taking appropriate steps 
to ensure the regulations apply to all federal financial awards issued 
on or after October 1, 2024.
    The Help America Vote Act of 2002 limits the EAC's rulemaking 
authority to only to the extent permitted under Section 9(a) of the 
National Voter Registration Act. However, the EAC in this instance is 
``adopting'' 2 CFR part 200--the EAC is not ``making'' rules. 
Furthermore, 2 CFR 200.106 states agencies awarding federal funds must 
implement the OMB guidance in 2 CFR in codified regulations.

Waiver of Proposed Rulemaking

    The rule issued by the EAC concerns matters relating to ``grants, 
benefits, or contracts,'' 5 U.S.C. 553(a)(2), and is therefore exempt 
from the requirement of prior notice and comment.

Waiver of Delayed Effective Date

    Under 5 U.S.C. 553(d), agencies may waive the delayed effective 
date requirement if they find good cause and explain the basis for the 
waiver in the final rulemaking document or if the regulations grant or 
recognize an exemption or relieve a restriction.
    OMB informed the public on April 4, 2024, that agencies would be 
required to adopt the Uniform Guidance and make it effective by October 
1, 2024. The public has had significant time to prepare for the 
promulgation of these final regulations. As such, the EAC has 
determined there is good cause to waive the delayed effective date.

List of Subjects in 2 CFR Part 5081

    Accounting, administrative practice and procedure, federal 
financial assistance, grant programs, grants administration, state and 
local governments, state-federal relations.

0
For the reasons stated, Part 5801 is established in Chapter LVIII of 
Title 2 of the Code of Federal Regulations to read as follows:

PART 5801--UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, 
AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS

Sec.
5801.10 Adoption of 2 CFR part 200
5801.20 through 5801.99 [Reserved].

    Authority: 2 CFR part 200.

Sec.  5801.10  Adoption of 2 CFR Part 200.

    The U.S. Election Assistance Commission adopts the Office of 
Management and Budget (OMB) Guidance in 2 CFR part 200. Thus, this part 
gives regulatory effect to the OMB guidance.

Sec. Sec.  5801.20 through 5801.99  [Reserved].

Camden Kelliher,
General Counsel, U.S. Election Assistance Commission.
[FR Doc. 2024-29685 Filed 12-16-24; 8:45 am]
BILLING CODE 4810-71-P
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