[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR74.26]



[Page 221-222]

 

                        TITLE 45--PUBLIC WELFARE

 

           SUBTITLE A--DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

    PART 74_UNIFORM ADMINISTRATIVE REQUIREMENTS FOR AWARDS AND SUBAWARDS TO INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, OTHER NONPROFIT ORGANIZATIONS, AND 

COMMERCIAL ORGANIZATIONS--Table of Contents

 

                    Subpart C_Post-Award Requirements

 

Sec. 74.26  Non-Federal audits.



    (a) Recipients and subrecipients that are institutions of higher 

education or other non-profit organizations (including hospitals) shall 

be subject to the audit requirements contained in the Single Audit Act 

Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, 

``Audits of States, Local Governments, and Non-Profit Organizations.''

    (b) State and local governments shall be subject to the audit 

requirements contained in the Single Audit Act Amendments of 1996 (31 

U.S.C. 7501-7507) and revised OMB Circular A-133, ``Audits of States, 

Local Governments, and Non-Profit Organizations.''

    (c) For-profit hospitals not covered by the audit provisions of 

revised OMB Circular A-133 shall be subject to the audit requirements of 

the Federal awarding agencies.

    (d)(1) Recipients and subrecipients that are commercial 

organizations (including for-profit hospitals) have two options 

regarding audits:

    (i) A financial related audit (as defined in the Government Auditing 

Standards, GPO Stock 020-000-00-265-4) of a particular award in 

accordance with Government Auditing Standards, in those cases where the 

recipient receives awards under only one HHS program; or, if awards are 

received under multiple HHS programs, a financial related audit of all 

HHS awards in accordance with Government Auditing Standards; or

    (ii) An audit that meets the requirements contained in OMB Circular 

A-133.

    (2) Commercial organizations that receive annual HHS awards totaling 

less than OMB Circular A-133's audit requirement threshold are exempt 

from requirements for a non-Federal audit for that year, but records 

must be



[[Page 222]]



available for review by appropriate officials of Federal agencies.



[59 FR 43760, Aug. 25, 1994, as amended at 61 FR 11746, Mar. 22, 1996; 

61 FR 15564, Apr. 8, 1996; 62 FR 41878, Aug. 4, 1997; 62 FR 45939, 

45945, Aug. 29, 1997]