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Home Source documents 2 CFR Ch. XXXIV (1-1-26 Edition) — Part 3474 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

2 CFR Ch. XXXIV (1-1-26 Edition) — Part 3474 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

Summary

Part 3474 of 2 CFR Chapter XXXIV, the Department of Education chapter, in the 1-1-26 edition, sets uniform administrative requirements, cost principles and audit requirements for Federal awards. Section 3474.1 states that the Department adopts the Office of Management and Budget guidance in 2 CFR part 200, except for 2 CFR 200.102(a) and 2 CFR 200.207(a). Under section 3474.5 the Secretary of Education, after consultation with OMB, may allow exceptions for classes of Federal awards or non-Federal entities, except for the Subpart F audit requirements, and only in unusual circumstances. Section 3474.10 lets the Secretary or a pass-through entity designate conditions under 2 CFR 200.207 as high-risk conditions, and section 3474.15 lets faith-based organizations contract with grantees on the same basis as any other private organization.

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Full text

                                                                                     CHAPTER XXXIV—DEPARTMENT OF
                                                                                              EDUCATION

                                                                      Part                                                                                                Page
                                                                      3400–3473 [Reserved]
                                                                      3474     Uniform administrative requirements, cost prin-
                                                                                ciples, and audit requirements for Federal
                                                                                awards ..................................................................                 689
                                                                      3485     Nonprocurement debarment and suspension ...........                                        692
                                                                      3486–3499 [Reserved]




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                                                                          PARTS 3400–3473 [RESERVED]                              (b) Exceptions for classes of Federal
                                                                                                                                awards or non-Federal entities will be
                                                                      PART 3474—UNIFORM ADMINIS-                                published on the OMB Web site at
                                                                                                                                www.whitehouse.gov/omb.
                                                                        TRATIVE REQUIREMENTS, COST
                                                                        PRINCIPLES, AND AUDIT RE-                               (Authority: 20 U.S.C. 1221e–3, 3474, and 2 CFR
                                                                        QUIREMENTS    FOR   FEDERAL                             part 200)
                                                                        AWARDS                                                  § 3474.10 Clarification          regarding   2
                                                                                                                                    CFR 200.207. 2
                                                                      Sec.
                                                                      3474.1 Adoption of 2 CFR part 200.                           The Secretary or a pass-through enti-
                                                                      3474.5 How exceptions are made to 2 CFR                   ty may, in appropriate circumstances,
                                                                          part 200.                                             designate the specific conditions estab-
                                                                      3474.10 Clarification   regarding   2   CFR               lished under 2 CFR 200.207 as ‘‘high-risk
                                                                          200.207.                                              conditions’’ and designate a non-Fed-
                                                                      3474.15 Contracting with faith-based organi-              eral entity subject to specific condi-
                                                                          zations and nondiscrimination.
                                                                                                                                tions established under § 200.207 as
                                                                      3474.20 Open licensing requirement for com-
                                                                          petitive grant programs.                              ‘‘high–risk’’.
                                                                      3474.21 Severability.                                     (Authority: 20 U.S.C. 1221e–3, 3474, and 2 CFR
                                                                        AUTHORITY: 20 U.S.C. 1221e–3, 3474; 42 U.S.C.           part 200)
                                                                      2000bb et seq.; E.O. 13279, 67 FR 77141, 3 CFR,
                                                                      2002 Comp., p. 258; E.O. 13559, 75 FR 71319, 3            § 3474.15 Contracting with faith-based
                                                                      CFR, 2010 Comp., p. 273; E.O. 13831, 83 FR                    organizations and nondiscrimina-
                                                                      20715, 3 CFR, 2018 Comp., p. 806; and 2 CFR                   tion.
                                                                      part 200, unless otherwise noted.                           (a) This section establishes respon-
                                                                        SOURCE: 79 FR 76091, Dec. 19, 2014, unless              sibilities that grantees and subgrantees
                                                                      otherwise noted.                                          have in selecting contractors to pro-
                                                                                                                                vide direct Federal services under a
                                                                      § 3474.1 Adoption of 2 CFR part 200.                      program of the Department. Grantees
                                                                         (a) The Department of Education                        and subgrantees must ensure compli-
                                                                      adopts the Office of Management and                       ance by their subgrantees with the pro-
                                                                      Budget (OMB) Guidance in 2 CFR part                       visions of this section and any imple-
                                                                      200, except for 2 CFR 200.102(a) and 2                    menting regulations or guidance.
                                                                      CFR 200.207(a). Thus, this part gives                       (b)(1) A faith-based organization is
                                                                      regulatory effect to the OMB guidance                     eligible to contract with grantees and
                                                                      and supplements the guidance as need-                     subgrantees, including States, on the
                                                                      ed for the Department.                                    same basis as any other private organi-
                                                                         (b) The authority for all of the provi-                zation.
                                                                      sions in 2 CFR part 200 as adopted in                       (2)(i) In selecting providers of goods
                                                                      this part is listed as follows.                           and services, grantees and subgrantees,
                                                                      (Authority: 20 U.S.C. 1221e–3, 3474, and 2 CFR            including States—
                                                                      part 200.)                                                  (A) May not discriminate for or
                                                                                                                                against a private organization on the
                                                                      § 3474.5 How exceptions are made to 2                     basis of the organization’s religious
                                                                           CFR part 200. 1                                      character, motives, or affiliation, or
                                                                         (a) With the exception of Subpart F—                   lack thereof, or on the basis of conduct
                                                                      Audit Requirements of 2 CFR part 200,                     that would not be considered grounds
                                                                      the Secretary of Education, after con-                    to favor or disfavor a similarly situ-
                                                                      sultation with OMB, may allow excep-                      ated secular organization; and
                                                                      tions for classes of Federal awards or                      (B) Must ensure that the award of
                                                                      non-Federal entities subject to the re-                   contracts is free from political inter-
                                                                      quirements of this part when excep-                       ference, or even the appearance of such
                                                                      tions are not prohibited by statute.                      interference, and is done on the basis of
                                                                      However, in the interest of maximum                       merit, not on the basis of religion or
                                                                      uniformity, exceptions from the re-                       religious belief, or lack thereof.
                                                                      quirements of this part will be per-                        (ii) Notices or announcements of




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                                                                      mitted only in unusual circumstances.                     award opportunities and notices of

                                                                        1 C. Ref. 2 CFR 200.102.                                  2 C. Ref. 2 CFR 200.205, 200.207.



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                                                                      § 3474.15                                                        2 CFR Ch. XXXIV (1–1–26 Edition)

                                                                      award or contracts must include lan-                      more program requirements, unless the
                                                                      guage substantially similar to that in                    organization has made clear that the
                                                                      appendices A and B, respectively, to 34                   accommodation is necessary to its par-
                                                                      CFR part 75.                                              ticipation and the Department has de-
                                                                        (3) No grant document, agreement,                       termined that it would deny the ac-
                                                                      covenant, memorandum of under-                            commodation.
                                                                      standing, policy, or regulation that is                     (c)(1) The provisions of 34 CFR 75.532
                                                                      used by a grantee or subgrantee in ad-                    and 76.532 that apply to a faith-based
                                                                      ministering Federal financial services                    organization that is a grantee or sub-
                                                                      from the Department may require                           grantee also apply to a faith-based or-
                                                                      faith-based organizations to provide as-                  ganization that contracts with a grant-
                                                                      surances or notices if they are not re-                   ee or subgrantee, including a State.
                                                                      quired of non-faith-based organiza-                         (2) The requirements referenced
                                                                      tions. Any restrictions on the use of                     under paragraph (c)(1) of this section
                                                                      grant funds must apply equally to                         do not apply to a faith-based organiza-
                                                                      faith-based and non-faith-based organi-                   tion that provides goods or services to
                                                                      zations. All organizations that partici-                  a beneficiary under a program sup-
                                                                      pate in Department programs or serv-                      ported only by indirect Federal finan-
                                                                      ices, including organizations with reli-                  cial assistance, as defined in 34 CFR
                                                                      gious character, motives, or affiliation,                 75.52(c)(3) and 76.52(c)(3).
                                                                      must carry out eligible activities in ac-
                                                                                                                                  (d)(1) A private organization that
                                                                      cordance with all program require-
                                                                                                                                provides direct Federal services under
                                                                      ments, including those prohibiting the
                                                                                                                                a program of the Department and en-
                                                                      use of direct Federal financial assist-
                                                                                                                                gages in explicitly religious activities,
                                                                      ance to engage in explicitly religious
                                                                                                                                such as worship, religious instruction,
                                                                      activities, subject to any accommoda-
                                                                                                                                or proselytization, must offer those ac-
                                                                      tions that are granted to organizations
                                                                                                                                tivities separately in time or location
                                                                      on a case-by-case basis in accordance
                                                                                                                                from any programs or services funded
                                                                      with the Constitution and laws of the
                                                                                                                                by the Department through a contract
                                                                      United States, including Federal civil
                                                                                                                                with a grantee or subgrantee, including
                                                                      rights laws.
                                                                        (4) No grant document, agreement,                       a State. Attendance or participation in
                                                                      covenant, memorandum of under-                            any such explicitly religious activities
                                                                      standing, policy, or regulation that is                   by beneficiaries of the programs and
                                                                      used by a grantee or subgrantee may                       services supported by the contract
                                                                      disqualify faith-based organizations                      must be voluntary.
                                                                      from participating in Department-                           (2) The limitations on explicitly reli-
                                                                      funded programs or services on the                        gious activities under paragraph (d)(1)
                                                                      basis of the organization’s religious                     of this section do not apply to a faith-
                                                                      character, motives, or affiliation, or                    based organization that provides serv-
                                                                      lack thereof, or on the basis of conduct                  ices to a beneficiary under a program
                                                                      that would not be considered grounds                      supported only by indirect Federal fi-
                                                                      to disqualify a similarly situated sec-                   nancial assistance, as defined in 34 CFR
                                                                      ular organization.                                        75.52(c)(3) and 76.52(c)(3).
                                                                        (5) Nothing in this section may be                        (e)(1) A faith-based organization that
                                                                      construed to preclude the Department                      contracts with a grantee or subgrantee,
                                                                      from making an accommodation with                         including a State, will retain its inde-
                                                                      respect to one or more program re-                        pendence, autonomy, right of expres-
                                                                      quirements on a case-by-case basis in                     sion, religious character, and authority
                                                                      accordance with the Constitution and                      over its governance. A faith-based or-
                                                                      laws of the United States, including                      ganization that receives Federal finan-
                                                                      Federal civil rights laws.                                cial assistance from the Department
                                                                        (6) Neither a State nor the Depart-                     does not lose the protections of law.
                                                                      ment may disqualify an organization                         (2) A faith-based organization that
                                                                      from participating in any Department                      contracts with a grantee or subgrantee,
                                                                      program for which it is otherwise eligi-                  including a State, may, among other




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                                                                      ble on the basis of the organization’s                    things—
                                                                      indication that it may request an ac-                       (i) Retain religious terms in its
                                                                      commodation with respect to one or                        name;

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