Many Agencies Have Yet to Adopt OMB’s Uniform Guidance as Final

November 4, 2015 | By Jerry Ashworth | Post a Comment

washington-dc-7-1230576We are now about a month and a half away from the one-year anniversary of the issuance in the Dec. 19, 2014, Federal Register of the joint interim final rule in which 28 federal agencies and offices implemented the Office of Management and Budget’s uniform grant guidance. The key word to the previous sentence that we want to address here is the word “interim.” The agencies accepted public comments on their implementation of the uniform guidance, including specific agency additions and exceptions, before adopting them as final.

Now we are almost 11 months removed from the issuance of the interim rule, and how many of those agencies have adopted their regulations as final? After reviewing the Federal Register notices over the last several months, we count only 13 agencies.

The National Science Foundation has incorporated the uniform guidance into its Proposal and Award Policies and Procedures Guide. The following are the other 12 agencies and offices that have adopted their regulations as final, along with the date they announced their final rule in the Federal Register:

  • Department of Education, Nov. 2;
  • Environmental Protection Agency, Oct 9;
  • Department of Energy, Sept. 24;
  • Office of National Drug Control Policy, Sept. 23;
  • Institute of Museum and Library Services, Sept. 21;
  • U.S. Agency for International Development, Sept. 17;
  • National Aeronautics and Space Administration, Sept. 16;
  • National Endowment for the Humanities, Sept. 16;
  • National Archives and Records Administration, Aug. 25;
  • Department of Veterans Affairs, July 22;
  • National Endowment for the Arts, June 29; and
  • Department of State, June 2.

To this point, more than half of the original 28 agencies and offices still have not adopted their regulations as final. This may be understandable for an agency like the Department of Labor, which had numerous additions and exceptions in their interim final rule and still may be assessing comments to those exceptions. But other agencies, such as the Department of Commerce and the Department of Housing and Urban Development essentially implemented the uniform guidance into their regulations with no additions or exceptions. One would have expected those agencies to have adopted them as final by now.

To clarify, a point should be made to that although the agencies may not have completely adopted their regulations as final, their regulations implementing the uniform guidance are effective for funding received by nonfederal agencies as of Dec. 26, 2014.

We’ll continue to keep a close eye on the Federal Register to let you know when the remaining federal agencies adopt their regulations as final. Hopefully, many of the remaining agencies will finalize them before the year is out.

Let us know your thoughts about the agency regulations adopting the uniform guidance. We’d love to hear from you.

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