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The web site is no longer updated and links to external web sites and some internal pages will not work.
OFFICE OF MANAGEMENT AND BUDGET
Audits of States, Local Governments, and Non-Profit Organizations
AGENCY: Office of Management and Budget
ACTION: Proposed Revision of OMB Circular No. A-133 and Proposed
Rescission of OMB Circular No. A-128
SUMMARY: This Notice offers interested parties an opportunity to
comment on further proposed revisions to Office of Management and
Budget (OMB) Circular No. A-133, "Audits of Institutions of Higher
Education and Other Non-Profit Institutions," and the proposed
consolidation of OMB Circular No. A-128, "Audits of State and Local
Governments," into Circular No. A-133 (with Circular A-128 being
rescinded). This Notice also requests comment on two proposed
information collections contained in the proposed revision to
Circular A-133. These actions are being proposed to implement the
Single Audit Act Amendments of 1996 (1996 Amendments), which were
signed into law on July 5, 1996 (P.L. 104-156).
In the proposed revisions to Circular A-133, as published in
the Federal Register on March 17, 1995 (60 FR 14594), OMB stated an
intent to seek modifications to the Single Audit Act of 1984 (1984
Act) and, upon passage, extend the provisions of Circular A-133 to
include audits of States and local governments and then rescind
Circular A-128. (Indian tribal governments are included under the
definition of States and are covered under the 1984 Act, Circular
A-128, the 1996 Amendments, and this proposed revision.) The April
1996 revision of Circular A-133 was coordinated with the 1996
Amendments such that only minimum changes are now necessary to
include States and local governments under Circular A-133. When
States and local governments are covered under Circular A-133, OMB
will rescind Circular A-128.
Interested parties may wish to refer to the March 17, 1995,
and April 30, 1996, Federal Register (61 FR 19134) for a more
detailed discussion of the changes made during the recent revisions
to Circular A-133.
DATES: All comments on this proposal should be in writing, and
must be received by [60 days after publication]. Late comments
will be considered to the extent practicable.
ADDRESSES: Comments should be mailed to Office of Management and
Budget, Office of Federal Financial Management, Financial Standards
and Reporting Branch, Room 6025, New Executive Office Building,
Washington, DC 20503. Where possible, comments should reference
applicable paragraph or section numbers in the proposed revision.
When comments are sent in by facsimile (fax), they should be faxed
to (202) 395-4915. Electronic mail comments may be submitted via
Internet to CONLEY_S@A1.EOP.GOV. Please include the full body of
electronic mail comments in the text of the message and not as an
attachment. Please include the name, title, organization, postal
address, and E-mail address in the text of the message.
To facilitate conversion of the comments into a computer
format for analysis, it would be helpful if respondents send a copy
of comments on either a 3.5 or 5.25 inch diskette in either
WordPerfect 5.1, WordPerfect for Windows, or ASCII format. When a
diskette cannot be provided, it would be helpful if the comments
were printed in pica or an equivalent 10 characters per inch type
on white paper so the document can be easily scanned into a
computer format.
A copy of the current Circulars A-128 and A-133 may be
obtained from the OMB fax information line, 202-395-9068, document
numbers 1128 and 1133, respectively, or by writing or calling the
Office of Administration, Publications Office, Room 2200, New
Executive Office Building, Washington, DC 20503, telephone (202)
395-7332. Also, Circular A-133 and this proposed revision are
available on the OMB home page on the internet which is currently
located at /OMB.
FOR FURTHER INFORMATION CONTACT: Sheila O. Conley, Office of
Federal Financial Management (OFFM), Financial Standards and
Reporting Branch, OMB telephone (202) 395-3993 and fax (202) 395-4915.
A redlined/strikeout version showing the detailed changes
between the recently revised OMB Circular A-133 and the further
proposed revision is available by written request to OFFM.
SUPPLEMENTARY INFORMATION: Pursuant to the Single Audit Act
Amendments of 1996 (P.L. 104-156), the proposed revision requires
non-Federal entities (States, local governments, and non-profit
organizations) expending $300,000 or more in a year in Federal
awards to have an audit, sets forth requirements for both the
performance and reporting of this audit, and provides for follow-up
on audit findings. Each non-Federal entity is responsible for
having its audit conducted and ensuring that subrecipients
expending $300,000 or more in a year meet the audit requirements of
Office of Management and Budget (OMB) Circular A-133 which will be
renamed "Audits of States, Local Governments, and Non-Profit
Organizations."
Significant Changes from Circular A-128 to Circular A-133
The Single Audit Act Amendments of 1996, signed by the
President on July 5, 1996, called for uniform requirements for
audits of all types of organizations. As a consequence, OMB
proposes to co-locate requirements for States, local governments,
and non-profit organizations in Circular A-133, which currently
addresses only non-profit organizations. At the same time, OMB
would rescind Circular A-128, "Audits of State and Local
Governments," which currently specifies audit requirements for
States and local governments.
The April 1996 revision of Circular A-133 includes the
following major changes which are not reflected in Circular A-128
issued April 12, 1985:
(1) increased the threshold that triggers an audit requirement
under the Circular from $25,000 to $300,000 (§___.200(a));
(2) prescribed a risk-based approach to determine major
programs (§___.520);
(3) required a minimum major program coverage of 50 percent
(25 percent for low-risk auditees) of Federal awards expended
(§___.520(f));
(4) clarified the required level of internal control testing
(§___.500(c));
(5) provided minimum reporting requirements for the schedule
of expenditures of Federal awards (§___.310(b));
(6) required auditees to prepare a summary schedule of prior
audit findings (§___.315) and a data collection form (§___.320(b));
(7) required auditors to report audit findings and questioned
costs in a single schedule, including a summary of the auditor's
results (§___.505(a)(4));
(8) prescribed criteria for reporting audit findings and
questioned costs (§___.510);
(9) modified the method of determining the cognizant agency
for audit (§___.400(a));
(10) after a two-year transition period, precluded the same
auditor from preparing the indirect cost proposal or cost
allocation plan when indirect costs exceeded $1 million in the
prior year (§___.305(b));
(11) after a two-year transition period, shortened the due
date for submitting reports from 13 months to nine months
(§___.320(a));
(12) streamlined the report submission process and expanded
the role of the Federal clearinghouse (§___.320);
(13) changed the basis for determining the amount of Federal
awards administered by the non-Federal entity from receipts to
expenditures (§___.200);
(14) provided guidance for conducting program-specific audits
(§___.235); and,
(15) reorganized the Circular into a "common rule" format to
facilitate codification by Federal agencies and improve the
presentation of information included in the Circular.
Significant Proposed Revisions to Circular A-133
The most significant difference between this proposed revision
and the recently revised Circular A-133 is the inclusion of States
and local governments. This proposed revision also includes
changes relating to the effective date (31 U.S.C. 7507), the
provisions permitting biennial audits in limited circumstances (31
U.S.C. 7502(b)(2) and (3)), and the allowability of audit costs (31
U.S.C. 7505(b)(1)(A)(ii)) to conform the April 1996 revision of
Circular A-133 to the 1996 Amendments. Aside from these changes,
the 1996 Amendments do not require other substantive changes to
Circular A-133.
The following discussion is provided to describe the changes
needed to conform this proposed revision with the 1996 Amendments,
solicit input from interested parties, and summarize some of the
other changes included in this proposed revision. The readers'
attention is directed to section D. Proposed Requirement for the
Auditor to Prepare and Sign the Data Collection Form Required by
Circular A-133, because it is particularly important to OMB that
commenters provide views on the matters discussed in this section.
A. Effective Dates
The 1996 Amendments apply to any non-Federal entity with
respect to any of its fiscal years which begin after June 30, 1996
(31 U.S.C. 7507). Changes are proposed in paragraph 10 of the
Circular, "Effective Dates," to reflect the effective dates
mandated in the 1996 Amendments.
Inquirers asked which circular applies for biennial audits
when the biennial period includes time before and after the
effective date of the proposed revision. The 1996 Amendments do
not specifically address the effective dates for biennial audits.
OMB interprets the 1996 Amendments to be effective for any biennial
periods which begin after June 30, 1996. As with annual audits,
the prior circulars are in effect until this proposed revision is
effective. Therefore, a non-Federal entity which elects a biennial
audit and has a biennial period beginning on or before June 30,
1996, should apply the provisions of Circular A-128 issued April
12, 1985 (for a State or local government) or Circular A-133 issued
March 8, 1990 (for a non-profit organization), as applicable. The
requirements of this proposed revision apply to any biennial
periods beginning after June 30, 1996.
Circular A-133 shortened the report due date from 13 months to
nine months after the end of the audit period (§___.320(a)).
However, the 1996 Amendments (31 U.S.C. 7502(h)) provide for a
transition period of at least two years during which the report due
date would remain at 13 months. The proposed revision at
§___.320(a) incorporates this transition period such that the due
date of nine months after the end of the audit period is not
effective until audits of fiscal years beginning after June 30,
1998. Cognizant or oversight agencies may still provide
extensions.
Paragraphs 6 and 10 of the April 1996 revision of Circular A-133
instructed Federal agencies to adopt the standards set forth in
the Circular in codified regulations not later than November 30,
1996. As a result of the 1996 Amendments, the April 1996 revision
of Circular A-133, which applies only to non-profit organizations,
will not become operable unless this proposed revision is not
finalized by June 30, 1997 (i.e., OMB expects that Circular A-133
issued March 8, 1990, will apply to non-profit organizations and
Circular A-128 issued April 12, 1985, will apply to States and
local governments prior to the effective dates of the 1996
Amendments, and this proposed revision will apply to these types of
organizations when the 1996 Amendments become effective).
Therefore, Federal agencies may forgo the requirement under the
April 1996 revision of Circular A-133 to adopt the standards set
forth in the Circular in codified regulations not later than
November 30, 1996. However, the 1996 Amendments (31 U.S.C.
7505(a)) require each Federal agency to promulgate such revisions
to its regulations as may be necessary to conform such regulations
to the requirements of the 1996 Amendments and OMB implementing
guidance. Accordingly, the proposed revision includes a provision
in paragraphs 6 and 10 of the Circular whereby Federal agencies
shall adopt the standards set forth in the Circular in codified
regulations not later than six months after publication of the
final revision in the Federal Register.
B. Biennial Audits in Limited Circumstances
Changes are proposed at §___.220 to permit biennial audits in
limited circumstances in accordance with the 1996 Amendments. The
provisions in the 1996 Amendments which allow non-Federal entities
to elect a biennial audit are very specific (31 U.S.C.
7502(b)(2)and (3)). For a State or local government to qualify for
a biennial audit election, there must be a requirement (as opposed
to authorization) in a State's constitution or State or local law
which was in effect on January 1, 1987. Also, this requirement
must still be in effect. Only non-profit organizations that had
biennial audits for all biennial periods ending between July 1,
1992, and January 1, 1995, may elect a biennial audit. OMB expects
that very few States, local governments, or non-profit
organizations meet this criteria. Nonetheless, all auditees are
encouraged to have annual audits which provide increased
accountability.
The April 1996 revision of Circular A-133 includes a provision
whereby a Federal agency or pass-through agency may allow a non-profit
organization that elects a program-specific audit under
§___.200(c) to perform the audit every two years. This provision
was removed from the proposed revision to conform with the biennial
audit requirements specified in the 1996 Amendments.
Changes are also proposed at §___.520 and §___.530(a) to the
major program determination process and the criteria for low-risk
auditee for situations which are unique to single audits which are
performed on a biennial basis.
C. Audit Costs Prohibited for Subrecipients with Federal Awards
Expended of Less Than $300,000 Annually
The 1996 Amendments discourage pass-through entities from
requiring single audits of subrecipients with total Federal awards
expended of less than $300,000 annually. This is done by
prohibiting charges to Federal awards for audit costs under these
circumstances (31 U.S.C. 7505(b)(1)(A)(ii)). However, pass-through
entities are not prohibited from charging subrecipient monitoring
costs, provided those procedures are of lesser scope than a single
audit.
For example, if a pass-through entity requires a subrecipient
which expends less than $300,000 annually in total Federal awards
to have a single audit conducted in accordance with the 1996
Amendments, this audit must be paid for with other than Federal
funds. However, the 1996 Amendments do not prohibit charging
Federal awards for limited scope audits and other subrecipient
monitoring procedures.
Pass-through entities would need to make appropriate changes
in their agreements with subrecipients to reflect that audits will
no longer be required for non-Federal entities with total Federal
awards expended of less than $300,000 annually. Pass-through
entities will need to review their overall subrecipient monitoring
process, and decide what, if any, additional monitoring procedures
may be necessary to ensure subrecipient compliance. Monitoring
procedures, which include limited scope audits, can be more
targeted and less costly than a full Circular A-133 audit.
Subrecipient monitoring procedures include: on-site visits, reviews
of documentation supporting requests for reimbursement, limited
scope audits of specific compliance areas (e.g., eligibility
determinations made by subrecipients), and financial statement
audits in accordance with generally accepted government auditing
standards. A pass-through entity should consider the cost-effectiveness
of monitoring procedures compared to the relative
size and complexity of the Federal awards administered by
subrecipients in determining the appropriateness of monitoring
procedures.
D. Proposed Requirement for the Auditor to Prepare and Sign the
Data Collection Form Required by Circular A-133
To streamline the distribution of audit reports and improve
the governmentwide collection and analysis of single audit results,
Circular A-133 provides for a machine-readable form (§___.320(b))
to be prepared at the completion of each audit and submitted to the
Federal clearinghouse designated by OMB and pass-through entities.
The data collection form will provide key information about the
non-Federal entity, the Federal awards it administers, and the
audit results. It will serve as the basis for developing a
governmentwide database on covered Federal awards administered by
non-Federal entities. The April 1996 revision of Circular A-133
provides for a data collection form to be submitted to the Federal
clearinghouse and each pass-through entity in lieu of sending the
full single audit reporting package when there are no audit
findings.
The April 1996 revision of Circular A-133 requires the
auditee's management to prepare the data collection form. Many
auditees are concerned about the additional burden this reporting
requirement would place on them. A more efficient and effective
method could be to have the auditor prepare the form and sign it as
preparer. OMB believes this would not significantly increase audit
costs, since most of the information requested on the form will be
obtained directly from the schedule of expenditures of Federal
awards and the auditor's reports. Since the auditor is most
knowledgeable about the audit results, OMB expects that it will be
efficient for the auditor to simply prepare the form at the
completion of the audit. Also, OMB believes that the incremental
legal exposure faced by the auditor as a result of signing the form
can be minimized by restricting its use to the Federal
clearinghouse and pass-through entities for the sole purpose of
data collection and so stating on the form. Under this method, the
auditee would continue to be required to provide assurance to the
Federal Government and pass-through entities that the auditee
engaged an auditor to conduct an audit in accordance with the
Circular, that the audit was completed, and that the information
included on the form is accurate.
OMB believes that the auditor's association with the data
collection form will add value to its usefulness, reduce the need
for Federal awarding agencies and pass-through entities to perform
unnecessary verification procedures, improve the accuracy of the
governmentwide database, streamline the single audit report
submission process, and reduce burden on auditees.
Therefore, OMB is considering adding a provision that requires
the auditor to prepare the data collection form and sign it. If
this change is made, OMB will work with the auditing profession and
other interested parties to develop any necessary revisions to the
form. Respondents are encouraged to comment on this change,
including: whether the auditor should prepare and sign the data
collection form; what would be the estimated cost of the auditor's
performing this service; whether it would be beneficial to
auditees, Federal agencies, and pass-through entities; and, whether
there are concerns over litigation exposure.
The name of the certification form required under §___.320(b)
of the April 1996 revision of Circular A-133 is changed to "Data
Collection Form" in the proposed revision to more appropriately
characterize the nature of the information request. This name
change also affects §___.235(c)(2), §___.235(c)(3), §___.320(c),
§___.320(e)(i), and §___.320(h).
E. Audit Coverage Over the Allowability of Charges to Cost Pools
Changes are proposed at §___.500(c), §___.500(d), §___.505(b),
§___.505(c), and §___.510(a) to clarify the auditor's
responsibility for testing and reporting on the allowability of
costs charged to cost pools: (1) used to support an indirect cost
rate, or (2) allocated through a State/local-wide central service
cost allocation plan (as fully described in Appendix C of Circular
A-87, "Cost Principles for State, Local and Indian Tribal
Governments," issued May 4, 1995 (60 FR 26484), and hereinafter
referred to as a "cost allocation plan"). The proposed language is
added to address the timing of costs charged to cost pools used to
support an indirect cost rate or allocated through a cost
allocation plan. Indirect cost rates are based on costs incurred
in a base period and applied prospectively. Costs allocated
through a cost allocation plan are based on the actual costs
incurred in two previous years.
Because it would not be practical to perform such tests
retroactively, the auditor is expected to perform tests of costs
charged to cost pools during the period that the actual costs were
incurred, rather than during the period in which the rate was
applied or in which the costs were allocated. For example, if the
actual costs charged to cost pools for 1997 form the basis for the
indirect cost proposal and the final negotiated indirect cost rate
that will be applied in 1998 and 1999, then the auditor should test
actual costs charged to cost pools during 1997 as part of the 1997
audit, since 1997 is the base year. The auditor would not be
expected to test such costs as part of the 1998 and 1999 audits.
F. Pilot Project Authority
The 1996 Amendments (31 U.S.C. 7502(j)) authorize OMB, in
consultation with the Chair and Ranking Minority Member of the
Committee on Governmental Affairs of the Senate and the Chair and
Ranking Minority Member of the Committee on Government Reform and
Oversight of the House of Representatives, to approve pilot
projects to test alternative methods of achieving the purposes of
the 1996 Amendments. Such pilot projects, which would be voluntary
undertakings by non-Federal entities, would provide a means of
assessing new ways of testing and reporting on Federal awards.
Suggestions from auditees for pilot projects should be
submitted first to Federal funding agencies. If a Federal agency
concludes that a suggested pilot project has merit, the Federal
agency may present the suggestion to OMB for consideration. OMB
will consult with the appropriate members of the House and Senate
prior to authorizing any pilot projects under the 1996 Amendments.
G. Other Changes to Comply with the 1996 Amendments
The revision proposes the following other changes to comply
with the 1996 Amendments and include States and local governments
under Circular A-133.
(1) Retitles the Circular to include States and local
governments. States and local governments were also added to
paragraph 1 of the Circular.
(2) Deletes the references to Circular A-128 from paragraph 4
of the Circular and sections §___.105(x)(2) and §___.400(d)(4) of
the attachment.
(3) Changes definitions of "Federal award" (§___.105(j)),
"Federal financial assistance" (§___.105(l)), "Federal program"
(§___.105(m)), "internal control" (§___.105(q)), "internal control
pertaining to the compliance requirements over Federal programs"
(§___.105(r)), "pass-through entity" (§___.105(aa)), and
"subrecipient" (§___.105(ii)) to conform with the definitions
included in the 1996 Amendments.
(4) Adds definitions for the terms "Indian tribe"
(§___.105(p)), "local government" (§___.105(t)), and "State"
(§___.105(gg)), which are defined terms in the 1996 Amendments.
(5) Adds definitions for the term "non-Federal entity"
(§___.105(w)) and replaces the term "non-profit organization" with
"non-Federal entity" in paragraphs 4, 6, and 10 of the Circular and
sections §___.100, §___.105(a), §___.105(s), §___.105(aa),
§___.105(dd), §___.105(ee), §___.200(d), §___.205(a), and
§___.205(h) of the attachment.
(6) Replaces the term "non-profit organization" with
"subrecipient" in §___.205(i).
(7) Adds "full" as a modifier of cost in §___.215(b).
(8) Changes title of schedule in §___.235(b)(2) to "schedule
of expenditures of Federal awards."
(9) Changes title of "central clearinghouse" to "Federal
clearinghouse" in §___.235(c)(2), §___.235(c)(3), §___.300(e),
§___.315(b)(4)(i), §___.320(b), §___.320(d), §___.320(g),
§___.320(h), §___.320(i), and §___.320(j).
(10) Adds reference to Grants Management Common Rule in
§___.305(a).
(11) Drops "non-profit" as a modifier to pass-through entity
and subrecipients in §___.400(d) and §___.400(d)(4), respectively.
(12) Adds a provision to cover a series of audits in
§___.500(a).
(13) Changes the schedule of findings and questioned costs
(§___.505(d)) to include information from the audit of the
financial statements performed in accordance with generally
accepted government auditing standards. Consistency changes were
made to §___.235(b)(4)(iv) for program-specific audits.
(14) Drops from §___.520(b)(3) the reference to insurance
programs because insurance programs are not specifically cited in
the 1996 Amendments.
H. Other Changes
The revision proposes the following detailed changes.
(1) Adds to §___.235(c)(3) a requirement that one copy of the
data collection form prepared in accordance with §___.320(b) be
submitted to each pass-through entity.
(2) Adds to §___.320(b) a requirement that the auditee
identify the cognizant or oversight agency for audit on the data
collection form.
(3) Changes the requirement in §___.400(a)(4) for the
cognizant agency for audit to report to other Federal agencies any
direct reporting of irregularities and illegal acts.
(4) Simplifies the summary of the auditor's results in
§___.505 by removing the requirement for a statement concerning the
auditee's ability to continue as a going concern and consolidating
the reporting of audit findings which were not reportable
conditions or material non-compliance.
(5) Adds to the definition of audit findings reported
(§___.510(a)(4)) known questioned costs greater than $10,000 for
Federal programs which are not audited as major programs.
Consistent with this, adds in §___.520(c) a reference to this
requirement.
(6) Removes from §___.510(a)(6) the definition of fraud
because this term is the same as in professional auditing
standards.
(7) Adds in §___.520(d) and §___.520(e) an option to allow an
auditor to minimize the risk assessment required for Type B
programs under certain circumstances.
(8) Adds in §___.520(e) a statement to encourage auditors to
use an approach in identifying high-risk Type B program which
provides an opportunity for different high-risk Type B programs to
be audited as major over a period of time.
I. Changes for Clarity
The revision proposes the following changes for clarity.
(1) Changes the title of the Circular to use the term "non-profit organizations" in lieu of the phrase "institutions of higher
education and other non-profit institutions" since non-profit
organization is the defined term (§___.105(x)) which includes non-profit
institutions of higher education.
(2) Changes the definitions of cluster of programs
(§___.105(e)) and Federal programs (§___.105(m)) to clarify that
research and development (R&D) and student financial aid (SFA) are
types of clusters of programs. Based upon this change, the phrase
"category of programs" was replaced with "cluster of programs" in
§___.105(m), §___.310(b)(6), §___.320(b). Moves discussion of
State governments combining funding from definition of Federal
programs (§___.105(m)) to definition of cluster of programs
(§___.105(e)). Adds to §___.105(e) emphasis that when a State
designates a cluster of programs, the State must identify the
Federal awards and advise subrecipients of the applicable
compliance requirements.
(3) Replaces the reference to "Federal expenditures" with
"Federal awards expended" in §___.200(d), §___.310(b)(2),
§___.310(b)(6), §___.310(b)(7), §___.520(b)(1), §___.520(d)(2),
§___.520(f), §___.525(d)(4), §___.530(d)(3).
(4) For consistency with the format of the effective date of
the Circular, changes the date format from fiscal years "ending" to
fiscal years "beginning" in §___.305(b).
(5) Clarifies in §___.315(b) that follow-up on prior audit
findings is concerned with those relative to Federal awards as
opposed to those relative to the financial statements of the
entity.
(6) Clarifies in §___.500(a) that the entity's financial
statements and schedule of expenditures of Federal awards must be
for the same fiscal year.
(7) Replaces in §___.500(c) the term "achieve" with "support."
(8) Clarifies in §___.510(a)(2) that this reporting only
relates to major programs and removes discussion relating to
auditor conclusions which is included in generally accepted
government auditing standards.
(9) Clarifies in §___.510(a)(5) and §___.510(a)(6) that the
reference to the schedule of findings and questioned costs is to
the part of the schedule that deals with Federal awards.
(10) Changes the term "50 percent rule" to "percentage of
coverage rule" in §___.520(d)(2), §___.520(e)(3), §___.520(f),
§___.520(i).
(11) Clarifies in §___.530(d) that this provision applies for
either of the preceding two years in which the program was
classified as a Type A program.
Information Collection Activity Under OMB Review
In accordance with the Paperwork Reduction Act (44 U.S.C.
Chapter 35 et seq.), this notice requests comment on the following
two proposed information collections contained in this proposed
revision. The information collection request involves two types of
entities: (1) reports from auditors to auditees concerning audit
results, audit findings, and questioned costs; and, (2) reports
from auditees to the Federal Government providing information about
the auditees, the awards they administer, and the audit results.
The proposed revision specifies what auditors are required to
report to auditees, under §___.235(b)(4), for program-specific
audits, and §___.505, "Audit Reporting," for single audits. The
proposed revision also specifies what auditees are required to
report to the Federal clearinghouse designated by OMB and pass-through
entities, if applicable, under §___.235(c), for program-specific audits,
and §___.320, "Report Submission," for single audits.
The information collection requests included in this proposal
would result in a decrease in overall reporting burden. Although
the reporting burden per audit will increase under this proposal
from 26 to 34 hours (described in the following paragraphs), fewer
entities will be subject to the reporting requirements as a result
of the proposal to increase the threshold that triggers an audit
requirement under the Circular from $25,000 to $300,000. Based on
available information, OMB estimates that approximately 25,000 non-Federal entities would be subject to the information collection
requirement included in this proposal; whereas, approximately
35,000 non-Federal entities are subject to the current requirements
under Circulars A-128 and A-133. The overall reporting burden
currently approximates 910,000 hours (35,000 non-Federal entities
at 26 hours per audit). Under the proposal, the overall reporting
burden would be approximately 850,000 hours (25,000 non-Federal
entities at 34 hours per audit), or 60,000 hours less than the
current reporting burden. In addition, as more fully discussed
below, there is an opportunity to reduce further the overall
reporting burden under the proposal from 850,000 to 800,000 hours
by having auditors, rather than auditees, prepare the data
collection form discussed below.
Congress intended to improve the contents of single audit
reports to make them more useful by enacting the 1996 Amendments.
OMB believes that the increase in reporting burden per audit is
warranted because several changes included in the proposed revision
would improve the usefulness and effectiveness of single audit
reporting with respect to information provided by both auditors and
auditees.
OMB estimates that reporting by auditors currently takes
approximately 10 hours on the average per audit under Circulars A-128
and A-133, and will take 14 hours under the proposal. The
estimated increase of 4 hours of reporting burden per audit on
auditors is due primarily to a provision in the 1996 Amendments (31
U.S.C. 7502(g)(2)) which requires the auditor, for the first time,
to prepare a summary of audit results. In its report on the 1996
Amendments, the Committee on Government Reform and Oversight stated
that "the complexity of the reports makes it difficult for the
average reader to understand what has been audited and reported ...
A summary of the audit results would highlight important
information and thus enable users to quickly discern the overall
results of an audit" (H.R. Report 104-607, page 18).
OMB estimates that reporting by auditees currently takes
approximately 16 hours on the average per audit under Circulars A-128
and A-133, and will take 20 hours under the proposal. The
estimated increase of 4 hours of reporting burden per audit on
auditees is due primarily to a proposed requirement whereby
management would prepare two new documents to improve the
usefulness of single audit reports.
The first of these reports is a summary schedule of prior
audit findings which will provide the current status of previously
reported audit findings until such findings are corrected. This
information, which is important to Federal funding agencies and
pass-through entities, is currently required under Circulars A-128
and A-133 but it is not consistently provided in single audit
reports. As a result, Federal funding agencies and pass-through
entities frequently request this type of information long after a
finding is reported, which results in additional burden on Federal
agencies, auditees, and auditors. The proposed requirements
provide additional guidance to auditees on where and how to present
information regarding prior audit findings. While additional time
may be required up-front for certain auditees to prepare the
summary schedule of prior audit findings, the reporting burden for
such entities should be offset by the elimination of the
inefficiencies caused by the current practice of having to retrieve
and provide information after-the-fact on old audit findings.
The second report management would be required to prepare is
the "Data Collection Form" prescribed in §___.320(b) of the
proposed revision and discussed previously in Section D (Proposed
Requirement for the Auditor to Prepare and Sign the Data Collection
Form Required by Circular A-133). The data collection form will
facilitate streamlining the report distribution process and improve
the governmentwide collection and analysis of single audit results.
OMB believes that the overall reporting burden under the
proposed revision could be further reduced by having the auditor
prepare the data collection form. Specifically, OMB estimates that
if auditors, rather than auditees, prepare the data collection form
then the estimate of reporting burden on auditors would increase by
two hours (that is, from 14 hours to 16 hours), and the estimate of
reporting burden on auditees would decrease by four hours (that is,
from 20 hours to 16 hours) per audit under the proposal. This
would result in a net decrease of 2 hours per audit, or 50,000
hours in overall reporting burden (25,000 non-Federal entities at
2 hours savings per audit). As a result of having auditors, rather
than auditees, prepare the data collection form, overall reporting
burden could be reduced from 850,000 to 800,000 hours.
Comments are invited on: (a) whether the proposed information
collection is necessary for the proper performance of the functions
of the agencies, including whether the information has practical
utility; (b) the accuracy of the estimate of the burden of the
collection of the information; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d)
ways to minimize the burden related to the collection of
information on respondents, including the use of automated
collection techniques or other forms of information technology.
G. Edward DeSeve,
Controller.
OMB proposes to rescind Circular A-128 upon issuance of a
revised Circular A-133 that covers States and local governments.
OMB proposes to revise Circular A-133 to read as follows:
Circular No. A-133
Revised
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Audits of States, Local Governments, and Non-Profit
Organizations
1. Purpose. This Circular is issued pursuant to the Single Audit
Act of 1984, P.L. 98-502, and the Single Audit Act Amendments of
1996, P.L. 104-156. It sets forth standards for obtaining
consistency and uniformity among Federal agencies for the audit of
States, local governments, and non-profit organizations expending
Federal awards.
2. Authority. Circular A-133 is issued under the authority of
sections 503, 1111, and 7501 et seq. of title 31, United States
Code, and Executive Orders 8248 and 11541.
3. Rescission and Supersession. This Circular rescinds Circular
A-128, "Audits of State and Local Governments," issued April 12,
1985, and supersedes the prior Circular A-133, "Audits of
Institutions of Higher Education and Other Non-Profit
Institutions," issued April 22, 1996. For effective dates, see
paragraph 10.
4. Policy. Except as provided herein, the standards set forth in
this Circular shall be applied by all Federal agencies. If any
statute specifically prescribes policies or specific requirements
that differ from the standards provided herein, the provisions of
the statute shall govern.
Federal agencies shall apply the provisions of the sections of
this Circular to non-Federal entities, whether they are recipients
expending Federal awards received directly from Federal awarding
agencies, or are subrecipients expending Federal awards received
from a pass-through entity (a recipient or another subrecipient).
This Circular does not apply to non-U.S. based entities
expending Federal awards received either directly as a recipient or
indirectly as a subrecipient.
5. Definitions. The definitions of key terms used in this
Circular are contained in §___.105 in the Attachment to this
Circular.
6. Required Action. The specific requirements and
responsibilities of Federal agencies and non-Federal entities are
set forth in the Attachment to this Circular. Federal agencies making awards to non-Federal entities, either directly or
indirectly, shall adopt the language in the Circular in codified
regulations as provided in Section 10 (below), unless different
provisions are required by Federal statute or are approved by OMB.
7. OMB Responsibilities. OMB will review Federal agency
regulations and implementation of this Circular, and will provide
interpretations of policy requirements and assistance to ensure
uniform, effective and efficient implementation.
8. Information Contact. Further information concerning Circular
A-133 may be obtained by contacting the Financial Standards and
Reporting Branch, Office of Federal Financial Management, Office of
Management and Budget, Washington, DC 20503, telephone (202)
395-3993.
9. Review Date. This Circular will have a policy review three
years from the date of issuance.
10. Effective Dates. The standards set forth in §___.400 of the
Attachment to this Circular, which apply directly to Federal
agencies, shall be effective July 1, 1996, and shall apply to
audits of fiscal years beginning after June 30, 1996.
The standards set forth in this Circular that Federal agencies
are to apply to non-Federal entities shall be adopted by Federal
agencies in codified regulations not later than six months after
publication of the final revision in the Federal Register, so that
they will apply to audits of fiscal years beginning after June 30,
1996, with the exception that §___.305(b) of the Attachment applies
to audits of fiscal years beginning after June 30, 1998. In the
interim period, until the standards in this Circular are adopted
and become applicable, the audit provisions of Circular A-128
issued April 12, 1985, and Circular A-133, issued April 22, 1996,
shall continue in effect.
Franklin D. Raines Director
Attachment
PART__
--AUDITS OF STATES, LOCAL GOVERNMENTS, AND NON-PROFIT
ORGANIZATIONS
Subpart A--General
__.100
Purpose.
__.105
Definitions.
Subpart B--Audits
__.200
Audit requirements.
__.205
Basis for determining Federal awards expended.
__.210
Subrecipient and vendor determinations.
__.215
Relation to other audit requirements.
__.220
Frequency of audits.
__.225
Sanctions.
__.230
Audit costs.
__.235
Program-specific audits.
Subpart C--Auditees
__.300
Auditee responsibilities.
__.305
Auditor selection.
__.310
Financial statements.
__.315
Audit findings follow-up.
__.320
Report submission.
Subpart D--Federal Agencies and Pass-Through Entities
__.400
Responsibilities.
__.405
Management decision.
Subpart E--Auditors
__.500
Scope of audit.
__.505
Audit reporting.
__.510
Audit findings.
__.515
Audit working papers.
__.520
Major program determination.
__.525
Criteria for Federal program risk.
__.530
Criteria for a low-risk auditee.
Subpart A--General
§___.100 Purpose.
This part sets forth standards for obtaining consistency and
uniformity among Federal agencies for the audit of non-Federal
entities expending Federal awards.
§___.105 Definitions.
(a) Auditee means any non-Federal entity that expends Federal
awards which must be audited under this part.
(b) Auditor means an auditor, that is a public accountant or
a Federal, State or local government audit organization, which
meets the general standards specified in generally accepted
government auditing standards (GAGAS). The term auditor does not
include internal auditors of non-profit organizations.
(c) Audit finding means deficiencies which the auditor is
required by §___.510(a) to report in the schedule of findings and
questioned costs.
(d) CFDA number means the number assigned to a Federal
program in the Catalog of Federal Domestic Assistance (CFDA).
(e) Cluster of programs means a grouping of closely related
programs that share common compliance requirements. The types of
clusters of programs are research and development (R&D), student
financial aid (SFA), and other clusters. "Other clusters" are as
defined by the Office of Management and Budget (OMB) in the
compliance supplements or as designated by a State for Federal
awards the State provides to its subrecipients that meet the
definition of a cluster of programs. When designating an "other
cluster," a State shall identify the Federal awards included in the
cluster and advise the subrecipients of compliance requirements
applicable to the cluster, consistent with §___.400(d)(1) and
§___.400(d)(2), respectively. A cluster of programs shall be
considered as one program for determining major programs, as
described in §___.520, and, with the exception of R&D as described
in §___.200(c), whether a program-specific audit may be elected.
(f) Cognizant agency for audit means the Federal agency
designated to carry out the responsibilities described in
§___.400(a).
(g) Compliance supplements refers to the Compliance
Supplement for Audits of Institutions of Higher Learning and Other
Non-Profit Institutions and the Compliance Supplement for Single
Audits of State and Local Governments or such documents as OMB or
its designee may issue to replace them. These documents are
available from the Government Printing Office, Superintendent of
Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954, telephone
(202) 512-1800.
(h) Corrective action means action taken by the auditee that:
(1) Corrects identified deficiencies;
(2) Produces recommended improvements; or
(3) Demonstrates that audit findings are either invalid
or do not warrant auditee action.
(i) Federal agency has the same meaning as the term agency in
Section 551(1) of title 5, United States Code.
(j) Federal award means Federal financial assistance and
Federal cost-reimbursement contracts that non-Federal entities
receive directly from Federal awarding agencies or indirectly from
pass-through entities. It does not include procurement contracts,
under grants or contracts, used to buy goods or services from
vendors. Any audits of such vendors shall be covered by the terms
and conditions of the contract. Contracts to operate Federal
Government owned, contractor operated facilities (GOCOs) are
excluded from the requirements of this part.
(k) Federal awarding agency means the Federal agency that
provides an award directly to the recipient.
(l) Federal financial assistance means assistance that non-Federal entities receive or administer in the form of grants,
loans, loan guarantees, property (including donated surplus
property), cooperative agreements, interest subsidies, insurance,
food commodities, direct appropriations, and other assistance, but
does not include amounts received as reimbursement for services
rendered to individuals as described in §___.205(h) and
§___.205(i).
(m) Federal program means:
(1) All Federal awards to a non-Federal entity assigned
a single number in the CFDA.
(2) When no CFDA number is assigned, all Federal awards
from the same agency made for the same purpose should be combined
and considered one program.
(3) Notwithstanding paragraphs (1) and (2) of this
definition, a cluster of programs. The types of clusters of
programs are:
(i) Research and development (R&D);
(ii) Student financial aid (SFA); and
(iii) "Other clusters," as described in the
definition of cluster of programs in §___.105(e).
(n) GAGAS means generally accepted government auditing
standards issued by the Comptroller General of the United States,
which are applicable to financial audits.
(o) Generally accepted accounting principles has the meaning
specified in generally accepted auditing standards issued by the
American Institute of Certified Public Accountants (AICPA).
(p) Indian tribe means any Indian tribe, band, nation, or
other organized group or community, including any Alaskan Native
village or regional or village corporation (as defined in, or
established under, the Alaskan Native Claims Settlement Act) that
is recognized by the United States as eligible for the special
programs and services provided by the United States to Indians
because of their status as Indians.
(q) Internal control means a process, effected by an entity's
management and other personnel, designed to provide reasonable
assurance regarding the achievement of objectives in the following
categories:
(1) Effectiveness and efficiency of operations;
(2) Reliability of financial reporting; and
(3) Compliance with applicable laws and regulations.
(r) Internal control pertaining to the compliance
requirements for Federal programs (Internal control over Federal
programs) means a process--effected by an entity's management and
other personnel--designed to provide reasonable assurance regarding
the achievement of the following objectives for Federal programs:
(1) Transactions are properly recorded and accounted
for to:
(i) Permit the preparation of reliable financial
statements and Federal reports;
(ii) Maintain accountability over assets; and
(iii) Demonstrate compliance with laws,
regulations, and other compliance requirements;
(2) Transactions are executed in compliance with:
(i) Laws, regulations, and the provisions of
contracts or grant agreements that could have a direct and material
effect on a Federal program; and
(ii) Any other laws and regulations that are
identified in the compliance supplements; and
(3) Funds, property, and other assets are safeguarded
against loss from unauthorized use or disposition.
(s) Loan means a Federal loan or loan guarantee received or
administered by a non-Federal entity.
(t) Local government means any unit of local government
within a State, including a county, borough, municipality, city,
town, township, parish, local public authority, special district,
school district, intrastate district, council of governments, and
any other instrumentality of local government.
(u) Major program means a Federal program determined by the
auditor to be a major program in accordance with §___.520 or a
program identified as a major program by a Federal agency or
pass-through entity in accordance with §___.215(c).
(v) Management decision means the evaluation by the Federal
awarding agency or pass-through entity of the audit findings and
corrective action plan and the issuance of a written decision as to
what corrective action is necessary.
(w) Non-Federal entity means a State, local government, or
non-profit organization.
(x) Non-profit organization means:
(1) any corporation, trust, association, cooperative, or
other organization that:
(i) Is operated primarily for scientific,
educational, service, charitable, or similar purposes in the public
interest;
(ii) Is not organized primarily for profit; and
(iii) Uses its net proceeds to maintain, improve,
or expand its operations; and
(2) The term non-profit organization includes non-profit institutions of higher education and hospitals.
(y) OMB means the Executive Office of the President, Office
of Management and Budget.
(z) Oversight agency for audit means the Federal awarding
agency that provides the predominant amount of direct funding to a
recipient not assigned a cognizant agency for audit. When there is
no direct funding, the Federal agency with the predominant indirect
funding shall assume the oversight responsibilities. The duties of
the oversight agency for audit are described in §___.400(b).
(aa) Pass-through entity means a non-Federal entity that
provides a Federal award to a subrecipient to carry out a Federal
program.
(bb) Program-specific audit means an audit of one Federal
program as provided for in §___.200(c) and §___.235.
(cc) Questioned cost means a cost that is questioned by the
auditor because of an audit finding:
(1) Which resulted from a possible violation of a
provision of a law, regulation, contract, grant, cooperative
agreement, or other agreement or document governing the use of
Federal funds, including funds used to match Federal funds;
(2) Where the costs, at the time of the audit, are not
supported by adequate documentation; or
(3) Where the costs incurred appear unreasonable and do
not reflect the actions a prudent person would take in the
circumstances.
(dd) Recipient means a non-Federal entity that expends Federal
awards received directly from a Federal awarding agency to carry
out a Federal program.
(ee) Research and development (R&D) means all research
activities, both basic and applied, and all development activities
that are performed by a non-Federal entity. Research is defined as
a systematic study directed toward fuller scientific knowledge or
understanding of the subject studied. The term research also
includes activities involving the training of individuals in
research techniques where such activities utilize the same
facilities as other research and development activities and where
such activities are not included in the instruction function.
Development is the systematic use of knowledge and understanding
gained from research directed toward the production of useful
materials, devices, systems, or methods, including design and
development of prototypes and processes.
(ff) Single audit means an audit which includes both the
entity's financial statements and the Federal awards as described
in §___.500.
(gg) State means any State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands, any
instrumentality thereof, any multi-State, regional, or interstate
entity which has governmental functions, and any Indian tribe as
defined in §___.105(p).
(hh) Student Financial Aid (SFA) includes those programs of
general student assistance, such as those authorized by Title IV of
the Higher Education Act of 1965, as amended, (20 U.S.C. 1070 et
seq.) which is administered by the U.S. Department of Education,
and similar programs provided by other Federal agencies. It does
not include programs which provide fellowships or similar Federal
awards to students on a competitive basis, or for specified studies
or research.
(ii) Subrecipient means a non-Federal entity that expends
Federal awards received from a pass-through entity to carry out a
Federal program, but does not include an individual that is a
beneficiary of such a program. A subrecipient may also be a
recipient of other Federal awards directly from a Federal awarding
agency. Guidance on distinguishing between a subrecipient and a
vendor is provided in §___.210.
(jj) Types of compliance requirements refers to the types of
compliance requirements listed in the compliance supplements.
Examples include cash management, Federal financial reporting,
allowable costs/cost principles, types of services allowed or
unallowed, eligibility, and matching.
(kk) Vendor means a dealer, distributor, merchant, or other
seller providing goods or services that are required for the
conduct of a Federal program. These goods or services may be for
an organization's own use or for the use of beneficiaries of the
Federal program. Additional guidance on distinguishing between a
subrecipient and a vendor is provided in §___.210.
Subpart B--Audits
§___.200 Audit requirements.
(a) Audit required. Non-Federal entities that expend
$300,000 or more in a year in Federal awards shall have a single or
program-specific audit conducted for that year in accordance with
the provisions of this part. Guidance on determining Federal
awards expended is provided in §___.205.
(b) Single audit. Non-Federal entities that expend $300,000
or more in a year in Federal awards shall have a single audit
conducted in accordance with §___.500 except when they elect to
have a program-specific audit conducted in accordance with
paragraph (c) of this section.
(c) Program-specific audit election. When an auditee expends
Federal awards under only one Federal program (excluding R&D) and
the Federal program's laws, regulations, or grant agreements do not
require a financial statement audit of the auditee, the auditee may
elect to have a program-specific audit conducted in accordance with
§___.235. A program-specific audit may not be elected for R&D
unless all of the Federal awards expended were received from the
same Federal agency, or the same Federal agency and the same
pass-through entity, and that Federal agency, or pass-through entity in
the case of a subrecipient, approves in advance a program-specific
audit.
(d) Exemption when Federal awards expended are less than
$300,000. Non-Federal entities that expend less than $300,000 a
year in Federal awards are exempt from Federal audit requirements
for that year, except as noted in §___.215(a), but records must be
available for review or audit by appropriate officials of the
Federal agency, pass-through entity, and General Accounting Office
(GAO).
(e) Federally Funded Research and Development Centers
(FFRDC). Management of an auditee that owns or operates a FFRDC
may elect to treat the FFRDC as a separate entity for purposes of
this part.
§___.205 Basis for determining Federal awards expended.
(a) Determining Federal awards expended. The determination
of when an award is expended should be based on when the activity
related to the award occurs. Generally, the activity pertains to
events that require the non-Federal entity to comply with laws,
regulations, and the provisions of contracts or grant agreements,
such as: expenditure/expense transactions associated with grants,
cost-reimbursement contracts, cooperative agreements, and direct
appropriations; the disbursement of funds passed through to
subrecipients; the use of loan proceeds under loan and loan
guarantee programs; the receipt of property; the receipt of surplus
property; the receipt or use of program income; the distribution or
consumption of food commodities; the disbursement of amounts
entitling the non-Federal entity to an interest subsidy; and, the
period when insurance is in force.
(b) Loan and loan guarantees (loans). Since the Federal
Government is at risk for loans until the debt is repaid, the
following guidelines shall be used to calculate the value of
Federal awards expended under loan programs, except as noted in
paragraphs (c) and (d) of this section:
(1) Value of new loans made or received during the
fiscal year; plus
(2) Balance of loans from previous years for which the
Federal Government imposes continuing compliance requirements; plus
(3) Any interest subsidy, cash, or administrative cost
allowance received.
(c) Loan and loan guarantees (loans) at institutions of
higher education. When loans are made to students of an
institution of higher education but the institution does not make
the loans, then only the value of loans made during the year shall
be considered Federal awards expended in that year. The balance of
loans for previous years is not included as Federal awards expended
because the lender accounts for the prior balances.
(d) Prior loan and loan guarantees (loans). Loans, the
proceeds of which were received and expended in prior-years, are
not considered Federal awards expended under this part when the
laws, regulations, and the provisions of contracts or grant
agreements pertaining to such loans impose no continuing compliance
requirements other than to repay the loans.
(e) Endowment funds. The cumulative balance of Federal
awards for endowment funds which are federally restricted are
considered awards expended in each year in which the funds are
still restricted.
(f) Free rent. Free rent received by itself is not
considered a Federal award expended under this part. However, free
rent received as part of an award to carry out a Federal program
shall be included in determining Federal awards expended and
subject to audit under this part.
(g) Valuing non-cash assistance. Federal non-cash
assistance, such as free rent, food stamps, food commodities,
donated property, or donated surplus property, shall be valued at
fair market value at the time of receipt or the assessed value
provided by the Federal agency.
(h) Medicare. Medicare payments to a non-Federal entity for
providing patient care services to Medicare eligible individuals
are not considered Federal awards expended under this part.
(i) Medicaid. Medicaid payments to a subrecipient for
providing patient care services to Medicaid eligible individuals
are not considered Federal awards expended under this part unless
a State requires the funds to be treated as Federal awards expended
because reimbursement is on a cost-reimbursement basis.
§___.210 Subrecipient and vendor determinations.
(a) General. An auditee may be a recipient, a subrecipient,
and a vendor. Federal awards expended as a recipient or a
subrecipient would be subject to audit under this part. The
payments received for goods or services provided as a vendor would
not be considered Federal awards. The guidance in paragraphs (b)
and (c) of this section should be considered in determining whether
payments constitute a Federal award or a payment for goods and
services.
(b) Federal award. Characteristics indicative of a Federal
award received by a subrecipient are when the organization:
(1) Determines who is eligible to receive what Federal
financial assistance;
(2) Has its performance measured against whether the
objectives of the Federal program are met;
(3) Has responsibility for programmatic decision
making;
(4) Has responsibility for adherence to applicable
Federal program compliance requirements; and
(5) Uses the Federal funds to carry out a program of
the organization as compared to providing goods or services for a
program of the pass-through entity.
(c) Payment for goods and services. Characteristics
indicative of a payment for goods and services received by a vendor
are when the organization:
(1) Provides the goods and services within normal
business operations;
(2) Provides similar goods or services to many
different purchasers;
(3) Operates in a competitive environment;
(4) Provides goods or services that are ancillary to
the operation of the Federal program; and
(5) Is not subject to compliance requirements of the
Federal program.
(d) Use of judgment in making determination. There may be
unusual circumstances or exceptions to the listed characteristics.
In making the determination of whether a subrecipient or vendor
relationship exists, the substance of the relationship is more
important than the form of the agreement. It is not expected that
all of the characteristics will be present and judgment should be
used in determining whether an entity is a subrecipient or vendor.
(e) For-profit subrecipient. Since this part does not apply
to for-profit subrecipients, the pass-through entity is responsible
for establishing requirements, as necessary, to ensure compliance
by for-profit subrecipients. The contract with the for-profit
subrecipient should describe applicable compliance requirements and
the for-profit subrecipient's compliance responsibility. Methods
to ensure compliance for Federal awards made to for-profit
subrecipients may include pre-award audits, monitoring during the
contract, and post-award audits.
(f) Compliance responsibility for vendors. In most cases,
the auditee's compliance responsibility for vendors is only to
ensure that the procurement, receipt, and payment for goods and
services comply with laws, regulations, and the provisions of
contracts or grant agreements. Program compliance requirements
normally do not pass through to vendors. However, the auditee is
responsible for ensuring compliance for vendor transactions which
are structured such that the vendor is responsible for program
compliance or the vendor's records must be reviewed to determine
program compliance. Also, when these vendor transactions relate to
a major program, the scope of the audit shall include determining
whether these transactions are in compliance with laws,
regulations, and the provisions of contracts or grant agreements.
§___.215 Relation to other audit requirements.
(a) Audit under this part in lieu of other audits. An audit
made in accordance with this part shall be in lieu of any financial
audit required under individual Federal awards. To the extent this
audit meets a Federal agency's needs, it shall rely upon and use
such audits. The provisions of this part neither limit the
authority of Federal agencies, including their Inspectors General,
or GAO to conduct or arrange for additional audits (e.g., financial
audits, performance audits, evaluations, inspections, or reviews)
nor authorize any auditee to constrain Federal agencies from
carrying out additional audits. Any additional audits shall be
planned and performed in such a way as to build upon work performed
by other auditors.
(b) Federal agency to pay for additional audits. A Federal
agency that conducts or contracts for additional audits shall,
consistent with other applicable laws and regulations, arrange for
funding the full cost of such additional audits.
(c) Request for a program to be audited as a major program.
A Federal agency may request an auditee to have a particular
Federal program audited as a major program in lieu of the Federal
agency conducting or arranging for the additional audits. To allow
for planning, such requests should be made at least 180 days prior
to the end of the fiscal year to be audited. The auditee, after
consultation with its auditor, should promptly respond to such
request by informing the Federal agency whether the program would
otherwise be audited as a major program using the risk-based audit
approach described in §___.520 and, if not, the estimated
incremental cost. The Federal agency shall then promptly confirm
to the auditee whether it wants the program audited as a major
program. If the program is to be audited as a major program based
upon this Federal agency request, and the Federal agency agrees to
pay the full incremental costs, then the auditee shall have the
program audited as a major program. A pass-through entity may use
the provisions of this paragraph for a subrecipient.
§___.220 Frequency of audits.
Except for the provisions for biennial audits provided in
paragraphs (a) and (b) of this section, audits required by this
part shall be performed annually. Any biennial audit shall cover
both years within the biennial period.
(a) A State or local government that is required by
constitution or statute, in effect on January 1, 1987, to undergo
its audits less frequently than annually, is permitted to undergo
its audits pursuant to this part biennially. This requirement must
still be in effect for the biennial period under audit.
(b) Any non-profit organization that had biennial audits for
all biennial periods ending between July 1, 1992, and January 1,
1995, is permitted to undergo its audits pursuant to this part
biennially.
§___.225 Sanctions.
No audit costs may be charged to Federal awards when audits
required by this part have not been made or have been made but not
in accordance with this part. In cases of continued inability or
unwillingness to have an audit conducted in accordance with this
part, Federal agencies and pass-through entities shall take
appropriate action using sanctions such as:
(a) Withholding a percentage of Federal awards until the audit
is completed satisfactorily;
(b) Withholding or disallowing overhead costs;
(c) Suspending Federal awards until the audit is conducted; or
(d) Terminating the Federal award.
§___.230 Audit costs.
(a) Allowable costs. Unless prohibited by law, the cost of
audits made in accordance with the provisions of this part are
allowable charges to Federal awards. The charges may be considered
a direct cost or an allocated indirect cost, as determined in
accordance with the provisions of applicable OMB cost principles
circulars, the Federal Acquisition Regulation (FAR) (48 CFR parts
30 and 31), or other applicable cost principles or regulations.
(b) Unallowable costs. A non-Federal entity shall not charge
the following to a Federal award:
(1) The cost of any audit under the Single Audit Act
Amendments of 1996 (31 U.S.C. 7501 et seq.) not conducted in
accordance with this part.
(2) The cost of auditing a non-Federal entity which has
Federal awards expended of less than $300,000 per year and is
thereby exempted under §___.200(d) from having an audit conducted
under this part. However, this does not prohibit a pass-through
entity from charging Federal awards for the cost of limited scope
audits to monitor its subrecipients in accordance with
§___.400(d)(3), provided the subrecipient does not have a single
audit.
§___.235 Program-specific audits.
(a) Program-specific audit guide available. In many cases,
a program-specific audit guide will be available to provide
specific guidance to the auditor with respect to internal control,
compliance requirements, suggested audit procedures, and audit
reporting requirements. The auditor should contact the Office of
Inspector General of the Federal agency to determine whether such
a guide is available. When a current program-specific audit guide
is available, the auditor shall follow GAGAS and the guide when
performing a program-specific audit.
(b) Program-specific audit guide not available. (1) When a
program-specific audit guide is not available, the auditee and
auditor shall have basically the same responsibilities for the
Federal program as they would have for an audit of a major program
in a single audit.
(2) The auditee shall prepare the financial
statement(s) for the Federal program that includes, at a minimum,
a schedule of expenditures of Federal awards for the program and
notes that describe the significant accounting policies used in
preparing the schedule, a summary schedule of prior audit findings
consistent with the requirements of §___.315(b), and a corrective
action plan consistent with the requirements of §___.315(c).
(3) The auditor shall:
(i) Perform an audit of the financial
statement(s) for the Federal program in accordance with GAGAS;
(ii) Obtain an understanding of internal control
and perform tests of internal control over the Federal program
consistent with the requirements of §___.500(c) for a major
program;
(iii) Perform procedures to determine whether the
auditee has complied with laws, regulations, and the provisions of
contracts or grant agreements that could have a direct and material
effect on the Federal program consistent with the requirements of
§___.500(d) for a major program; and
(iv) Follow up on prior audit findings, perform
procedures to assess the reasonableness of the summary schedule of
prior audit findings prepared by the auditee, and report, as a
current year audit finding, when the auditor concludes that the
summary schedule of prior audit findings materially misrepresents
the status of any prior audit finding in accordance with the
requirements of §___.500(e).
(4) The auditor's report(s) may be in the form of
either combined or separate reports and may be organized
differently from the manner presented in this section. The
auditor's report(s) shall state that the audit was conducted in
accordance with this part and include the following:
(i) An opinion (or disclaimer of opinion) as to
whether the financial statement(s) of the Federal program is
presented fairly in all material respects in accordance with the
stated accounting policies;
(ii) A report on internal control related to the
Federal program, which shall describe the scope of testing of
internal control and the results of the tests;
(iii) A report on compliance which includes an
opinion (or disclaimer of opinion) as to whether the auditee
complied with laws, regulations, and the provisions of contracts or
grant agreements which could have a direct and material effect on
the Federal program; and
(iv) A schedule of findings and questioned costs
for the Federal program that includes a summary of the auditor's
results relative to the Federal program in a format consistent with
§___.505(d)(1) and findings and questioned costs consistent with
the requirements of §___.505(d)(3).
(c) Report submission for program-specific audits.
(1) The audit shall be completed and the reporting required by
paragraph (c)(2) or (c)(3) of this section submitted within nine
months after the end of the audit period, unless a longer period is
agreed to in advance by the Federal agency that provided the
funding or a different period is specified in a program-specific
audit guide. (However, for fiscal years beginning on or before
June 30, 1998, auditees shall have 13 months after the end of the
audit period to complete the audit and submit the reporting package
unless a different period is specified in a program-specific audit
guide.) This required reporting shall be submitted within 30 days
after the issuance of the auditor's report(s) to the auditee.
Unless restricted by law or regulation, the auditee shall make
report copies available for public inspection.
(2) When a program-specific audit guide is available,
the auditee shall submit to the Federal clearinghouse designated by
OMB one copy of the data collection form prepared in accordance
with §___.320(b), as applicable to a program-specific audit, and
the reporting required by the program-specific audit guide to be
retained as an archival copy. Also, the auditee shall submit to
the Federal awarding agency or pass-through entity the reporting
required by the program-specific audit guide.
(3) When a program-specific audit guide is not
available, the reporting package for a program-specific audit shall
consist of the data collection form prepared in accordance with
§___.320(b), as applicable to a program-specific audit, the
financial statement(s) of the Federal program, a summary schedule
of prior audit findings, and a corrective action plan as described
in paragraph (b)(2) of this section, and the auditor's report(s)
described in paragraph (b)(4) of this section. One copy of this
reporting package shall be submitted to the Federal clearinghouse
designated by OMB to be retained as an archival copy and one copy
of the data collection form prepared in accordance with §___.320(b)
shall be submitted to each pass-through entity. Also, when the
schedule of findings and questioned costs disclosed audit findings
or the summary schedule of prior audit findings reported the status
of any audit findings, the auditee shall submit one copy of the
reporting package to the Federal clearinghouse on behalf of the
Federal awarding agency, or directly to the pass-through entity in
the case of a subrecipient.
(d) Other sections of this part may apply. Program-specific
audits are subject to §___.100 through §___.215(b), §___.220
through §___.230, §___.300 through §___.305, §___.315, §___.320(f)
through §___.320(j), §___.400 through §___.405, §___.510 through
§___.515, and other referenced provisions of this part unless
contrary to the provisions of this section, a program-specific
audit guide, or program laws and regulations.
(a) Identify, in its accounts, all Federal awards received
and expended and the Federal programs under which they were
received. Federal program and award identification shall include,
as applicable, the CFDA title and number, award number and year,
name of the Federal agency, and name of the pass-through entity.
(b) Maintain internal control over Federal programs that
provides reasonable assurance that the auditee is managing Federal
awards in compliance with laws, regulations, and the provisions of
contracts or grant agreements that could have a material effect on
each of its Federal programs.
(c) Comply with laws, regulations, and the provisions of
contracts or grant agreements related to each of its Federal
programs.
(d) Prepare appropriate financial statements, including the
schedule of expenditures of Federal awards in accordance with
§___.310.
(e) Ensure that the audits required by this part are properly
performed and submitted when due. When extensions to the report
submission due date required by §___.320(a) are granted by the
cognizant or oversight agency for audit, promptly notify the
Federal clearinghouse designated by OMB and each pass-through
entity providing Federal awards of the extension.
(f) Follow up and take corrective action on audit findings,
including preparation of a summary schedule of prior audit findings
and a corrective action plan in accordance with §___.315(b) and
§___.315(c), respectively.
§___.305 Auditor selection.
(a) Auditor procurement. In arranging for audit services,
auditees shall follow the procurement standards prescribed by the
Grants Management Common Rule (GMCR) published March 11, 1988 (53
FR 8034) and amended April 19, 1995 (60 FR 19638), Circular A-110,
"Uniform Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals and Other Non-Profit Organizations,"
or the FAR (48 CFR part 42), as applicable. Whenever possible,
auditees shall make positive efforts to utilize small businesses,
minority-owned firms, and women's business enterprises, in
procuring audit services as stated in GMCR, OMB Circular A-110, or
the FAR (48 CFR part 42), as applicable. In requesting proposals
for audit services, the objectives and scope of the audit should be
made clear. Factors to be considered in evaluating each proposal
for audit services include the responsiveness to the request for
proposal, relevant experience, availability of staff with
professional qualifications and technical abilities, the results of
external quality control reviews, and price.
(b) Restriction on auditor preparing indirect cost proposals.
An auditor who prepares the indirect cost proposal or cost
allocation plan may not also be selected to perform the audit
required by this part when the indirect costs recovered by the
auditee during the prior year exceeded $1 million. This
restriction applies to the base year used in the preparation of the
indirect cost proposal or cost allocation plan and any subsequent
years in which the resulting indirect cost agreement or cost
allocation plan is used to recover costs. To minimize any
disruption in existing contracts for audit services, this paragraph
applies to audits of fiscal years beginning after June 30, 1998.
(c) Use of Federal auditors. Federal auditors may perform
all or part of the work required under this part if they comply
fully with the requirements of this part.
§___.310 Financial statements.
(a) Financial statements. The auditee shall prepare
financial statements that reflect its financial position, results
of operations, and, where appropriate, cash flows for the fiscal
year audited. The financial statements shall be for the same
organizational unit and fiscal year that is chosen to meet the
requirements of this part.
(b) Schedule of expenditures of Federal awards. The auditee
shall also prepare a schedule of expenditures of Federal awards for
the period covered by the auditee's financial statements. While
not required, it is appropriate for the auditee to provide
information requested to make the schedule easier to use by Federal
awarding agencies and pass-through entities. For example, when a
Federal program has multiple award years, the auditee may list the
amount of each award year separately. At a minimum, the schedule
shall:
(1) List individual Federal programs by Federal agency
and major subdivision within a Federal agency. For Federal awards
received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be
included.
(2) Provide total Federal awards expended for each
individual Federal program and the CFDA number or other identifying
number when the CFDA information is not available.
(3) Identify major programs.
(4) Include notes that describe the significant
accounting policies used in preparing the schedule and identify in
the notes the dollar threshold used to distinguish between Type A
and Type B programs, as described in §___.520(b).
(5) To the extent practical, pass-through entities
should identify in the schedule the total amount provided to
subrecipients from each Type A program and from each Type B program
which is audited as a major program.
(6) List individual Federal awards within a cluster of
programs. However, when it is not practical to list each
individual Federal award for R&D, total Federal awards expended
shall be shown by Federal agency and major subdivision within the
Federal agency. For example, the National Institutes of Health is
a major subdivision in the Department of Health and Human Services.
(7) Include, in either the schedule or a note to the
schedule, the value of the Federal awards expended in the form of
non-cash assistance, insurance in effect during the year, and loans
or loan guarantees outstanding at year end.
§___.315 Audit findings follow-up.
(a) General. The auditee is responsible for follow-up and
corrective action on all audit findings. As part of this
responsibility, the auditee shall prepare a summary schedule of
prior audit findings. The auditee shall also prepare a corrective
action plan for current year audit findings. The summary schedule
of prior audit findings and the corrective action plan shall
include the reference numbers the auditor assigns to audit findings
under §___.510(c). Since the summary schedule may include audit
findings from multiple years, it shall include the fiscal year in
which the finding initially occurred.
(b) Summary schedule of prior audit findings. The summary
schedule of prior audit findings shall report the status of all
audit findings included in the prior audit's schedule of findings
and questioned costs relative to Federal awards. The summary
schedule shall also include audit findings reported in the prior
audit's summary schedule of prior audit findings except audit
findings listed as corrected in accordance with paragraph (b)(1) of
this section, or no longer valid or not warranting further action
in accordance with paragraph (b)(4) of this section.
(1) When audit findings were fully corrected, the
summary schedule need only list the audit findings and state that
corrective action was taken.
(2) When audit findings were not corrected or were only
partially corrected, the summary schedule shall describe the
planned corrective action as well as any partial corrective action
taken.
(3) When corrective action taken is significantly
different from corrective action previously reported in a
corrective action plan or in the Federal agency's or pass-through
entity's management decision, the summary schedule shall provide an
explanation.
(4) When the auditee believes the audit findings are no
longer valid or do not warrant further action, the reasons for this
position shall be described in the summary schedule. A valid
reason for considering an audit finding as not warranting further
action is that all of the following have occurred:
(i) Two years have passed since the audit report
in which the finding occurred was submitted to the Federal
clearinghouse;
(ii) The Federal agency or pass-through entity is
not currently following up with the auditee on the audit finding;
and
(iii) A management decision was not issued.
(c) Corrective action plan. At the completion of the audit,
the auditee shall prepare a corrective action plan to address each
audit finding included in the current year auditor's reports. The
corrective action plan shall provide the name(s) of the contact
person(s) responsible for corrective action, the corrective action
planned, and the anticipated completion date. If the auditee does
not agree with the audit findings or believes corrective action is
not required, then the corrective action plan shall include an
explanation and specific reasons.
§___.320 Report submission.
(a) General. The audit shall be completed and the reporting
package described in paragraph (c) of this section submitted within
nine months after the end of the audit period, unless a longer
period is agreed to in advance by the cognizant or oversight agency
for audit. (However, for fiscal years beginning on or before June
30, 1998, auditees shall have 13 months after the end of the audit
period to complete the audit and submit the reporting package.)
The reporting package shall be submitted within 30 days after
issuance of the auditor's report(s) to the auditee. Unless
restricted by law or regulation, the auditee shall make copies
available for public inspection.
(b) Data Collection. The auditee shall complete a data
collection form which states whether the audit was completed in
accordance with this part and provides information about the
auditee, its Federal programs, and the results of the audit. The
form shall be approved by OMB, available from the Federal
clearinghouse designated by OMB, include data elements similar to
those presented in this paragraph, and use a machine-readable
format. The auditee's chief executive officer or chief financial
officer shall sign a statement that the information on the form is
accurate and complete as follows:
Certificate of Audit
This is to certify that, to the best of my knowledge and
belief, the [specify name of the auditee] has: (1) engaged an
auditor to perform an audit in accordance with the provisions of
OMB Circular A-133 for the [specify number] months ended [specify
date]; (2) the auditor has completed such audit and presented a
signed audit report which states that the audit was conducted in
accordance with the provisions of the Circular; and, (3) the
information on the attached form is accurate and complete and
reflects the results of this audit, as presented in the auditor's
report. I declare that the foregoing is true and correct.
Attachment
Data Collection Form
The type of report the auditor issued on the financial
statements of the auditee (i.e., unqualified opinion,
qualified opinion, adverse opinion, or disclaimer of opinion).
A yes or no statement as to whether the auditor's report on
the financial statements indicated that the auditor has
substantial doubt about the auditee's ability to continue as
a going concern.
The type of report the auditor issued on compliance for major
programs (i.e., unqualified opinion, qualified opinion,
adverse opinion, or disclaimer of opinion).
A list of the Federal awarding agencies and pass-through
entities which will receive a copy of the reporting package
pursuant to §___.320(d)(2) and §___.320(e)(2), respectively,
of OMB Circular A-133. An explanation should be provided if
this list is different from the communication the auditor
provides to the auditee under §___.500(f) of OMB Circular
A-133.
A yes or no statement as to whether the auditee qualified as
a low-risk auditee under §___.530 of OMB Circular A-133.
The dollar threshold used to distinguish between Type A and
Type B programs as defined in §___.520(b) of OMB Circular
A-133.
The Catalog of Federal Domestic Assistance (CFDA) number for
each Federal program, as applicable.
The name of each Federal program and identification of each
major program. Individual awards within a cluster of programs
should be listed in the same level of detail as they are
listed in the schedule of expenditures of Federal awards.
The amount of expenditures in the schedule of expenditures of
Federal awards associated with each Federal program.
A yes or no statement as to whether there are audit findings
and the amount of any questioned costs related to the
following for each Federal program:
a. Types of services allowed or unallowed
b. Eligibility
c. Matching, level of effort, or earmarking
d. Federal financial reporting
e. Program income
f. Procurement
g. Subrecipient monitoring
h. Allowable costs/cost principles
i. Other
Auditee Name: _________________
Employer Identification Number: _________________
Name and Title of Responsible Official: _________________
Telephone Number:_________________
Signature: _________________
Date: _________________
Auditor Name: _________________
Name and Title of Contact Person: _________________
Auditor Address: _________________
Auditor Telephone Number: _________________
Whether the auditee has a cognizant or oversight agency for
audit.
The name of the cognizant or oversight agency for audit
determined in accordance with §___.400(a) and §___.400(b),
respectively.
(c) Reporting Package. The reporting package shall include
the:
(1) Data collection form discussed in paragraph (b) of
this section;
(2) Financial statements and schedule of expenditures
of Federal awards discussed in §___.310(a) and §___.310(b),
respectively;
(3) Summary schedule of prior audit findings discussed
in §___.315(b);
(4) Auditor's report(s) discussed in §___.505; and
(5) Corrective action plan discussed in §___.315(c).
(d) Submission to clearinghouse. All auditees shall submit
to the Federal clearinghouse designated by OMB one copy of the
reporting package described in paragraph (c) of this section for:
(1) The Federal clearinghouse to retain as an archival
copy; and
(2) Each Federal awarding agency when the schedule of
findings and questioned costs disclosed audit findings relating to
Federal awards that the Federal awarding agency provided directly
or the summary schedule of prior audit findings reported the status
of any audit findings relating to Federal awards that the Federal
awarding agency provided directly.
(e) Additional submission by subrecipients. In addition to
the requirements discussed in paragraph (d) of this section,
subrecipients shall submit to each pass-through entity one copy of
the:
(1) Data collection form discussed in paragraph (b) of
this section; and
(2) Reporting package described in paragraph (c) of
this section for each pass-through entity when the schedule of
findings and questioned costs disclosed audit findings relating to
Federal awards that the pass-through entity provided or the summary
schedule of prior audit findings reported the status of any audit
findings relating to Federal awards that the pass-through entity
provided.
(f) Requests for report copies. In response to requests by
a Federal agency or pass-through entity, auditees shall submit the
appropriate copies of the reporting package described in paragraph
(c) of this section and, if requested, a copy of any management
letters issued by the auditor.
(g) Report retention requirements. Auditees shall keep one
copy of the reporting package described in paragraph (c) of this
section on file for three years from the date of submission to the
Federal clearinghouse designated by OMB. Pass-through entities
shall keep subrecipients' submissions on file for three years from
date of receipt.
(h) Clearinghouse responsibilities. The Federal
clearinghouse designated by OMB shall distribute the reporting
packages received in accordance with paragraph (d)(2) of this
section and §___.235(c)(3) to applicable Federal awarding agencies,
maintain a data base of completed audits, provide appropriate
information to Federal agencies, and follow up with known auditees
which have not submitted the required data collection forms and
reporting packages.
(i) Clearinghouse address. The address of the Federal
clearinghouse currently designated by OMB is Federal Audit
Clearinghouse, Bureau of the Census, 1201 E. 10th Street,
Jeffersonville, IN 47132.
(j) Electronic filing. Nothing in this part shall preclude
electronic submissions to the Federal clearinghouse in such manner
as may be approved by OMB. With OMB approval, the Federal
clearinghouse may pilot test methods of electronic submissions.
Subpart D--Federal Agencies and Pass-Through Entities
§___.400 Responsibilities.
(a) Cognizant agency for audit responsibilities. Recipients
expending more than $25 million a year in Federal awards shall have
a cognizant agency for audit. The designated cognizant agency for
audit shall be the Federal awarding agency that provides the
predominant amount of direct funding to a recipient unless OMB
makes a specific cognizant agency for audit assignment and provides
notice in the Federal Register. To provide for continuity of
cognizance, the determination of the predominant amount of direct
funding shall be based upon direct Federal awards expended in the
recipient's fiscal years ending in 1995, 2000, 2005, and every
fifth year thereafter. For example, audit cognizance for periods
ending in 1996 through 2000 will be determined based on Federal
awards expended in 1995. A Federal awarding agency with cognizance
for an auditee may reassign cognizance to another Federal awarding
agency which provides substantial direct funding and agrees to be
the cognizant agency for audit. Within 30 days after any
reassignment, both the old and the new cognizant agency for audit
shall notify the auditee, and, if known, the auditor of the
reassignment. The cognizant agency for audit shall:
(1) Provide technical audit advice and liaison to
auditees and auditors.
(2) Consider auditee requests for extensions to the
report submission due date required by §___.320(a). The cognizant
agency for audit may grant extensions for good cause.
(3) Obtain or conduct quality control reviews of
selected audits made by non-Federal auditors, and provide the
results, when appropriate, to other interested organizations.
(4) Promptly inform other affected Federal agencies and
appropriate Federal law enforcement officials of any direct
reporting by the auditee or its auditor of irregularities or
illegal acts, as required by GAGAS or laws and regulations.
(5) Advise the auditor and, where appropriate, the
auditee of any deficiencies found in the audits when the
deficiencies require corrective action by the auditor. When
advised of deficiencies, the auditee shall work with the auditor to
take corrective action. If corrective action is not taken, the
cognizant agency for audit shall notify the auditor, the auditee,
and applicable Federal awarding agencies and pass-through entities
of the facts and make recommendations for follow-up action. Major
inadequacies or repetitive substandard performance by auditors
shall be referred to appropriate State licensing agencies and
professional bodies for disciplinary action.
(6) Coordinate, to the extent practical, audits or
reviews made by or for Federal agencies that are in addition to the
audits made pursuant to this part, so that the additional audits or
reviews build upon audits performed in accordance with this part.
(7) Coordinate a management decision for audit findings
that affect the Federal programs of more than one agency.
(8) Coordinate the audit work and reporting
responsibilities among auditors to achieve the most cost-effective
audit.
(b) Oversight agency for audit responsibilities. An auditee
which does not have a designated cognizant agency for audit will be
under the general oversight of the Federal agency determined in
accordance with §___.105(z). The oversight agency for audit:
(1) Shall provide technical advice to auditees and
auditors as requested.
(2) May assume all or some of the responsibilities
normally performed by a cognizant agency for audit.
(c) Federal awarding agency responsibilities. The Federal
awarding agency shall perform the following for the Federal awards
it makes:
(1) Identify Federal awards made by informing each
recipient of the CFDA title and number, award name and number,
award year, and if the award is for R&D. When some of this
information is not available, the Federal agency shall provide
information necessary to clearly describe the Federal award.
(2) Ensure that audits are completed and reports are
received in a timely manner and in accordance with the requirements
of this part.
(3) Provide technical advice and counsel to auditees
and auditors as requested.
(4) Issue a management decision on audit findings
within six months after receipt of the audit report and ensure that
the recipient takes appropriate and timely corrective action.
(5) Assign a person responsible to inform OMB annually
of any updates needed to the compliance supplements.
(d) Pass-through entity responsibilities. A pass-through
entity shall perform the following for the Federal awards it makes:
(1) Identify Federal awards made by informing each
subrecipient of CFDA title and number, award name and number, award
year, if the award is R&D, and name of Federal agency. When some
of this information is not available, the pass-through entity shall
provide the best information available to describe the Federal
award.
(2) Advise subrecipients of requirements imposed on
them by Federal laws, regulations, and the provisions of contracts
or grant agreements as well as any supplemental requirements
imposed by the pass-through entity.
(3) Monitor the activities of subrecipients as
necessary to ensure that Federal awards are used for authorized
purposes in compliance with laws, regulations, and the provisions
of contracts or grant agreements and that performance goals are
achieved.
(4) Ensure that subrecipients expending $300,000 or
more in Federal awards during the subrecipient's fiscal year have
met the audit requirements of this part for that fiscal year.
(5) Issue a management decision on audit findings
within six months after receipt of the subrecipient's audit report
and ensure that the subrecipient takes appropriate and timely
corrective action.
(6) Consider whether subrecipient audits necessitate
adjustment of the pass-through entity's own records.
(7) Require each subrecipient to permit the pass-through entity and auditors to have access to the records and
financial statements as necessary for the pass-through entity to
comply with this part.
§___.405 Management decision.
(a) General. The management decision shall clearly state
whether or not the audit finding is sustained, the reasons for the
decision, and the expected auditee action to repay disallowed
costs, make financial adjustments, or take other action. If the
auditee has not completed corrective action, a timetable for
follow-up should be given. Prior to issuing the management
decision, the Federal agency or pass-through entity may request
additional information or documentation from the auditee, including
a request that the documentation be audited, as a way of mitigating
disallowed costs. The management decision should describe any
appeal process available to the auditee.
(b) Federal agency. As provided in §___.400(a)(7), the
cognizant agency for audit shall be responsible for coordinating a
management decision for audit findings that affect the programs of
more than one Federal agency. As provided in §___.400(c)(4), a
Federal awarding agency is responsible for issuing a management
decision for findings that relate to Federal awards it makes to
recipients. Alternate arrangements may be made on a case-by-case
basis by agreement among the Federal agencies concerned.
(c) Pass-through entity. As provided in §___.400(d)(5), the
pass-through entity shall be responsible for making the management
decision for audit findings that relate to Federal awards it makes
to subrecipients.
(d) Time requirements. The entity responsible for making the
management decision shall do so within six months of receipt of the
audit report. Corrective action should be initiated within six
months and proceed as rapidly as possible.
(e) Reference numbers. Management decisions shall include
the reference numbers the auditor assigned to each audit finding in
accordance with §___.510(c).
Subpart E--Auditors
§___.500 Scope of audit.
(a) General. The audit shall be conducted in accordance with
GAGAS. The audit shall cover the entire operations of the auditee;
or, at the option of the auditee, such audit shall include a series
of audits that cover departments, agencies, and other
organizational units which expended or otherwise administered
Federal awards during such fiscal year, provided that each such
audit shall encompass the financial statements and schedule of
expenditures of Federal awards for each such department, agency,
and organizational unit, which shall be considered to be a
non-Federal entity. The financial statements and schedule of
expenditures of Federal awards shall be for the same fiscal year.
(b) Financial statements. The auditor shall determine
whether the financial statements of the auditee are presented
fairly in all material respects in conformity with generally
accepted accounting principles. The auditor shall also determine
whether the schedule of expenditures of Federal awards is presented
fairly in all material respects in relation to the auditee's
financial statements taken as a whole.
(c) Internal control.
(1) In addition to the requirements
of GAGAS, the auditor shall perform procedures to obtain an
understanding of internal control over Federal programs sufficient
to plan the audit to support a low assessed level of control risk
for major programs and the allowability of costs charged to cost
pools used to support an indirect cost rate or allocated through a
State/local-wide central service cost allocation plan (as fully
described in Appendix C of Circular A-87, "Cost Principles for
State, Local and Indian Tribal Governments," issued May 4, 1995 (60
FR 26484), and hereinafter referred to as a "cost allocation
plan").
(2) Except as provided in paragraph (c)(3) of this
section, the auditor shall:
(i) Plan the testing of internal control over
major programs and the allowability of costs charged to cost pools
used to support an indirect cost rate or allocated through a cost
allocation plan to support a low assessed level of control risk for
the assertions relevant to the compliance requirements for each
major program; and
(ii) Perform testing of internal control as
planned in paragraph (c)(2)(i) of this section.
(3) When internal control over some or all of the
compliance requirements for a major program and the allowability of
costs charged to cost pools used to support an indirect cost rate
or allocated through a cost allocation plan are likely to be
ineffective in preventing or detecting noncompliance, the planning
and performing of testing described in paragraph (c)(2) of this
section are not required for those compliance requirements.
However, the auditor shall report a reportable condition or a
material weakness in accordance with §___.510, assess the related
control risk at the maximum, and consider whether additional
compliance tests are required because of ineffective internal
control.
(d) Compliance.
(1) In addition to the requirements of
GAGAS, the auditor shall determine whether the auditee has complied
with laws, regulations, and the provisions of contracts or grant
agreements that may have a direct and material effect on each of
its major programs and the allowability of costs charged to cost
pools used to support an indirect cost rate or allocated through a
cost allocation plan.
(2) The principal compliance requirements common to
most Federal programs and the programmatic compliance requirements
of the largest Federal programs are included in the compliance
supplements.
(3) For the compliance requirements (common and
programmatic) related to Federal programs contained in the
compliance supplements, an audit of these compliance requirements
will meet the requirements of this part. Where there have been
changes to the compliance requirements and the changes are not
reflected in the compliance supplements, the auditor shall
determine the current compliance requirements and modify the audit
procedures accordingly. For those Federal programs not covered in
the compliance supplements, the auditor should use the types of
compliance requirements (e.g., cash management, Federal financial
reporting, allowable costs/cost principles, types of services
allowed or unallowed, eligibility, and matching) contained in the
compliance supplements as guidance for identifying the types of
compliance requirements to test, and determine the requirements
governing the Federal program by reviewing the provisions of
contracts and grant agreements and the laws and regulations
referred to in such contracts and grant agreements. The auditor
should consult with the applicable Federal agency to determine the
availability of agency-prepared supplements or audit guides.
(4) The compliance testing shall include tests of
transactions, including costs charged to cost pools used to support
an indirect cost rate or allocated through a cost allocation plan,
and such other auditing procedures necessary to provide the auditor
sufficient evidence to support an opinion on compliance.
(e) Audit follow-up. The auditor shall follow-up on prior
audit findings, perform procedures to assess the reasonableness of
the summary schedule of prior audit findings prepared by the
auditee in accordance with §___.315(b), and report, as a current
year audit finding, when the auditor concludes that the summary
schedule of prior audit findings materially misrepresents the
status of any prior audit finding. The auditor shall perform audit
follow-up procedures regardless of whether a prior audit finding
relates to a major program or the allowability of costs charged to
cost pools used to support an indirect cost rate or allocated
through a cost allocation plan in the current year.
(f) Communication. The auditor shall communicate, preferably
in writing, to the auditee which Federal awarding agencies and
pass-through entities are required to receive a copy of the
reporting package pursuant to §___.320(d)(2) and §___.320(e)(2),
respectively. The auditor shall retain a record of this
communication in the auditor's working papers.
§___.505 Audit reporting.
The auditor's report(s) may be in the form of either combined
or separate reports and may be organized differently from the
manner presented in this section. The auditor's report(s) shall
state that the audit was conducted in accordance with this part and
include the following:
(a) An opinion (or disclaimer of opinion) as to whether the
financial statements are presented fairly in all material respects
in conformity with generally accepted accounting principles and an
opinion (or disclaimer of opinion) as to whether the schedule of
expenditures of Federal awards is presented fairly in all material
respects in relation to the financial statements taken as a whole.
(b) A report on internal control related to the financial
statements, major programs, and the allowability of costs charged
to cost pools used to support an indirect cost rate or allocated
through a cost allocation plan. This report shall describe the
scope of testing of internal control and the results of the tests,
and, where applicable, refer to the separate schedule of findings
and questioned costs described in paragraph (d) of this section.
(c) A report on compliance with laws, regulations, and the
provisions of contracts or grant agreements, noncompliance with
which could have a material effect on the financial statements.
This report shall also include an opinion (or disclaimer of
opinion) as to whether the auditee complied with laws, regulations,
and the provisions of contracts or grant agreements which could
have a direct and material effect on each major program and on the
allowability of costs charged to cost pools used to support an
indirect cost rate or allocated through a cost allocation plan,
and, where applicable, refer to the separate schedule of findings
and questioned costs described in paragraph (d) of this section.
(d) A schedule of findings and questioned costs which shall
include the following three components:
(1) A summary of the auditor's results which shall
include:
(i) The type of report the auditor issued on the
financial statements of the auditee (i.e., unqualified opinion,
qualified opinion, adverse opinion, or disclaimer of opinion);
(ii) Where applicable, a statement that reportable
conditions in internal control were disclosed by the audit of the
financial statements and whether any such conditions were material
weaknesses;
(iii) A statement as to whether the audit disclosed
any noncompliance which is material to the financial statements of
the auditee;
(iv) Where applicable, a statement that reportable
conditions in internal control over major programs and the
allowability of costs charged to cost pools used to support an
indirect cost rate or allocated through a cost allocation plan were
disclosed by the audit and whether any such conditions were
material weaknesses;
(v) The type of report the auditor issued on
compliance for major programs and with the provisions of applicable
OMB cost principles circulars, the FAR (48 CFR parts 30 and 31), or
other applicable cost principles or regulations pertaining to the
allowability of costs charged to cost pools used to support an
indirect cost rate or allocated through a cost allocation plan
(i.e., unqualified opinion, qualified opinion, adverse opinion, or
disclaimer of opinion); and
(vi) A statement as to whether the audit disclosed
any audit findings which the auditor is required to report under
§___.510(a).
(2) Findings and questioned costs for the financial
statements which are required to be reported in accordance with
GAGAS.
(3) Findings and questioned costs for Federal awards
which shall include audit findings as defined in §___.510(a).
(i) Audit findings (e.g., internal control
findings, compliance findings, questioned costs, or fraud) which
relate to the same issue should be presented as a single audit
finding. Where practical, audit findings should be organized by
Federal agency or pass-through entity.
(ii) Audit findings which relate to both the
financial statements and Federal awards, as reported under
paragraphs (d)(2) and (d)(3) of this section, respectively, should
be reported in both schedules. However, the reporting in one
schedule may be in summary form with a reference to a detailed
reporting in the other schedule.
§___.510 Audit findings.
(a) Audit findings reported. The auditor shall report the
following as audit findings in a schedule of findings and
questioned costs:
(1) Reportable conditions in internal control over
major programs and over the allowability of costs charged to cost
pools used to support an indirect cost rate or allocated through a
cost allocation plan. The auditor's determination of whether a
deficiency in internal control is a reportable condition for the
purpose of reporting an audit finding is in relation to a type of
compliance requirement for a major program, total costs charged to
cost pools used to support an indirect cost rate or allocated
through a cost allocation plan, or an audit objective identified in
the compliance supplements. The auditor shall identify reportable
conditions which are individually or cumulatively material
weaknesses.
(2) Material noncompliance with the provisions of laws,
regulations, contracts, or grant agreements related to a major
program and the provisions of applicable OMB cost principles
circulars, the FAR, or other applicable cost principles or
regulations pertaining to the allowability of costs charged to cost
pools used to support an indirect cost rate or allocated through a
cost allocation plan. The auditor's determination of whether a
noncompliance with the provisions of laws, regulations, contracts,
or grant agreements is material for the purpose of reporting an
audit finding is in relation to a type of compliance requirement
for a major program, total costs charged to cost pools used to
support an indirect cost rate or allocated through a cost
allocation plan, or an audit objective identified in the compliance
supplements.
(3) Known questioned costs which are greater than
$10,000 for a type of compliance requirement for a major program
and costs charged to cost pools used to support an indirect cost
rate or allocated through a cost allocation plan. Known questioned
costs are those specifically identified by the auditor. In
evaluating the effect of questioned costs on the opinion on
compliance, the auditor considers the best estimate of total costs
questioned (likely questioned costs), not just the questioned costs
specifically identified (known questioned costs). The auditor
shall also report known questioned costs when likely questioned
costs are greater than $10,000 for a type of compliance requirement
for a major program and costs charged to cost pools used to support
an indirect cost rate or allocated through a cost allocation plan.
In reporting questioned costs, the auditor shall include
information to provide proper perspective for judging the
prevalence and consequences of the questioned costs.
(4) Known questioned costs which are greater than
$10,000 for a Federal program which is not audited as a major
program. Except for audit follow-up, the auditor is not required
under this part to perform audit procedures for such a Federal
program; therefore, the auditor will normally not find questioned
costs for a program which is not audited as a major program.
However, if the auditor does become aware of questioned costs for
a Federal program which is not audited as a major program (e.g., as
part of audit follow-up or other audit procedures) and the known
questioned costs are greater than $10,000, then the auditor shall
report this as an audit finding.
(5) The circumstances concerning why the auditor's
report on compliance for major programs and the allowability of
costs charged to cost pools used to support an indirect cost rate
or allocated through a cost allocation plan is other than an
unqualified opinion, unless such circumstances are otherwise
reported as audit findings in the schedule of findings and
questioned costs for Federal awards.
(6) Known fraud affecting a Federal award, unless such
fraud is otherwise reported as an audit finding in the schedule of
findings and questioned costs for Federal awards. This paragraph
does not require the auditor to make an additional reporting when
the auditor confirms that the fraud was reported outside of the
auditor's reports under the direct reporting requirements of GAGAS.
(7) Instances where the results of audit follow-up
procedures disclosed that the summary schedule of prior audit
findings prepared by the auditee in accordance with §___.315(b)
materially misrepresents the status of any prior audit finding.
(b) Audit finding detail. Audit findings shall be presented
in sufficient detail for the auditee to prepare a corrective action
plan and take corrective action and for Federal agencies and
pass-through entities to arrive at a management decision. The following
specific information shall be included, as applicable, in audit
findings:
(1) Federal program and specific Federal award
identification including the CFDA title and number, Federal award
number and year, name of Federal agency, and name of the applicable
pass-through entity. When information, such as the CFDA title and
number or Federal award number, is not available, the auditor shall
provide the best information available to describe the Federal
award.
(2) The criteria or specific requirement upon which the
audit finding is based, including statutory, regulatory, or other
citation.
(3) The condition found, including facts that support
the deficiency identified in the audit finding.
(4) Identification of questioned costs and how they
were computed.
(5) Information to provide proper perspective for
judging the prevalence and consequences of the audit findings, such
as whether the audit findings represent an isolated instance or a
systemic problem. Where appropriate, instances identified shall be
related to the universe and the number of cases examined and be
quantified in terms of dollar value.
(6) The possible asserted effect to provide sufficient
information to the auditee and Federal agency, or pass-through
entity in the case of a subrecipient, to permit them to determine
the cause and effect to facilitate prompt and proper corrective
action.
(7) Recommendations to prevent future occurrences of
the deficiency identified in the audit finding.
(8) Views of responsible officials of the auditee when
there is disagreement with the audit findings, to the extent
practical.
(c) Reference numbers. Each audit finding in the schedule of
findings and questioned costs shall include a reference number to
allow for easy referencing of the audit findings during follow-up.
§___.515 Audit working papers.
(a) Retention of working papers. The auditor shall retain
working papers and reports for a minimum of three years after the
date of issuance of the auditor's report(s) to the auditee, unless
the auditor is notified in writing by the cognizant agency for
audit, oversight agency for audit, or pass-through entity to extend
the retention period. When the auditor is aware that the Federal
awarding agency, pass-through entity, or auditee is contesting an
audit finding, the auditor shall contact the parties contesting the
audit finding for guidance prior to destruction of the working
papers and reports.
(b) Access to working papers. Audit working papers shall be
made available upon request to the cognizant or oversight agency
for audit or its designee, a Federal agency providing direct or
indirect funding, or GAO at the completion of the audit. Access to
working papers includes the right of Federal agencies to obtain
copies of working papers, as is reasonable and necessary.
§___.520 Major program determination.
(a) General. The auditor shall use a risk-based approach to
determine which Federal programs are major programs. This risk-based approach shall include consideration of: Current and prior
audit experience, oversight by Federal agencies and pass-through
entities, and the inherent risk of the Federal program. The
process in paragraphs (b) through (i) of this section shall be
followed.
(b) Step 1.
(1) The auditor shall identify the larger
Federal programs, which shall be labeled Type A programs. Type A
programs are defined as Federal programs with Federal awards
expended during the audit period exceeding the larger of:
(i) $300,000 or three percent (.03) of total
Federal awards expended in the case of an auditee for which total
Federal awards expended equal or exceed $300,000 but are less than
or equal to $100 million.
(ii) $3 million or three-tenths of one percent
(.003) of total Federal awards expended in the case of an auditee
for which total Federal awards expended exceed $100 million but are
less than or equal to $10 billion.
(iii) $30 million or 15 hundredths of one percent
(.0015) of total Federal awards expended in the case of an auditee
for which total Federal awards expended exceed $10 billion.
(2) Federal programs not labeled Type A under paragraph
(b)(1) of this section shall be labeled Type B programs.
(3) The inclusion of large loan and loan guarantees
(loans) should not result in the exclusion of other programs as
Type A programs. When a Federal program providing loans
significantly affects the number or size of Type A programs, the
auditor shall consider this Federal program as a Type A program and
exclude its values in determining other Type A programs.
(4) For biennial audits permitted under §___.220, the
determination of Type A and Type B programs shall be based upon the
Federal awards expended during the two-year period.
(c) Step 2.
(1) The auditor shall identify Type A programs
which are low-risk. For a Type A program to be considered low-risk, it
shall have been audited as a major program in at least one
of the two most recent audit periods (in the most recent audit
period in the case of a biennial audit), and, in the most recent
audit period, it shall have had no audit findings under
§___.510(a). However, the auditor may use judgment and consider
that audit findings from questioned costs under §___.510(a)(3) and
§___.510(a)(4), fraud under §___.510(a)(6), and audit follow-up for
the summary schedule of prior audit findings under §___.510(a)(7)
do not preclude the Type A program from being low-risk. The
auditor shall consider: the criteria in §___.525(c),
§___.525(d)(1), §___.525(d)(2), and §___.525(d)(3); the results of
audit follow-up; whether any changes in personnel or systems
affecting a Type A program have significantly increased risk; and
apply professional judgment in determining whether a Type A program
is low-risk.
(2) Notwithstanding paragraph (c)(1) of this section,
OMB may approve a Federal awarding agency's request that a Type A
program at certain recipients may not be considered low-risk. For
example, it may be necessary for a large Type A program to be
audited as major each year at particular recipients to allow the
Federal agency to comply with the Government Management Reform Act
of 1994 (31 U.S.C. 3515). The Federal agency shall notify the
recipient and, if known, the auditor at least 120 days prior to the
end of the fiscal year to be audited of OMB's approval.
(d) Step 3.
(1) The auditor shall identify Type B programs
which are high-risk using professional judgment and the criteria in
§___.525. However, should the auditor select Option 2 under Step
4 (paragraph (e)(2)(i)(B) of this section), the auditor is not
required to identify more high-risk Type B programs than the number
of low-risk Type A programs. Except for known reportable
conditions in internal control or compliance problems as discussed
in §___.525(b)(1), §___.525(b)(2), and §___.525(c)(1), a single
criteria in §___.525 would seldom cause a Type B program to be
considered high-risk.
(2) An audit under this part is not expected to test
relatively small Federal programs. Therefore, except to meet the
percentage of coverage rule discussed in paragraph (f) of this
section, the auditor is only required to perform risk assessments
on Type B programs that exceed the larger of:
(i) $100,000 or three-tenths of one percent
(.003) of total Federal awards expended when the auditee has less
than or equal to $100 million in total Federal awards expended.
(ii) $300,000 or three-hundredths of one percent
(.0003) of total Federal awards expended when the auditee has more
than $100 million in total Federal awards expended.
(e) Step 4. At a minimum, the auditor shall audit all of the
following as major programs:
(1) All Type A programs, except the auditor may exclude
any Type A programs identified as low-risk under Step 2 (paragraph
(c)(1) of this section).
(2) (i) High-risk Type B programs as identified under
either of the following two options:
(A) Option 1. At least one half of the Type
B programs identified as high-risk under Step 3 (paragraph (d) of
this section), except this paragraph (e)(2)(i)(A) does not require
the auditor to audit more high-risk Type B programs than the number
of low-risk Type A programs identified as low-risk under Step 2.
(B) Option 2. One high-risk Type B program
for each Type A program identified as low-risk under Step 2.
(ii) When identifying which high-risk Type B
programs to audit as major under either Option 1 or 2 in paragraph
(a)(2)(i)(A) or (B), the auditor is encouraged to use an approach
which provides an opportunity for different high-risk Type B
programs to be audited as major over a period of time.
(3) Such additional programs as may be necessary to
comply with the percentage of coverage rule discussed in paragraph
(f) of this section. This paragraph (e)(3) may require the auditor
to audit more programs as major than the number of Type A programs.
(f) Percentage of coverage rule. The auditor shall audit as
major programs Federal programs with Federal awards expended that,
in the aggregate, encompass at least 50 percent of total Federal
awards expended. If the auditee meets the criteria in §___.530 for
a low-risk auditee, the auditor need only audit as major programs
Federal programs with Federal awards expended that, in the
aggregate, encompass at least 25 percent of total Federal awards
expended.
(g) Documentation of risk. The auditor shall document in the
working papers the risk analysis process used in determining major
programs.
(h) Auditor's judgment. When the major program determination
was performed and documented in accordance with this part, the
auditor's judgment in applying the risk-based approach to determine
major programs shall be presumed correct. Challenges by Federal
agencies and pass-through entities shall only be for clearly
improper use of the guidance in this part. However, Federal
agencies and pass-through entities may provide auditors guidance
about the risk of a particular Federal program and the auditor
shall consider this guidance in determining major programs in
audits not yet completed.
(i) Deviation from use of risk criteria. For first-year
audits, the auditor may elect to determine major programs as all
Type A programs plus any Type B programs as necessary to meet the
percentage of coverage rule discussed in paragraph (f) of this
section. Under this option, the auditor would not be required to
perform the procedures discussed in paragraphs (c), (d), and (e) of
this section.
(1) A first-year audit is the first year the entity is
audited under this part or the first year of a change of auditors.
(2) To ensure that a frequent change of auditors would
not preclude audit of high-risk Type B programs, this election for
first-year audits may not be used by an auditee more than once in
every three years.
§___.525 Criteria for Federal program risk.
(a) General. The auditor's determination should be based on
an overall evaluation of the risk of noncompliance occurring which
could be material to the Federal program. The auditor shall use
auditor judgment and consider criteria, such as described in
paragraphs (b), (c), and (d) of this section, to identify risk in
Federal programs. Also, as part of the risk analysis, the auditor
may wish to discuss a particular Federal program with auditee
management and the Federal agency or pass-through entity.
(b) Current and prior audit experience. (1) Weaknesses in
internal control over Federal programs would indicate higher risk.
Consideration should be given to the control environment over
Federal programs and such factors as the expectation of
management's adherence to applicable laws and regulations and the
provisions of contracts and grant agreements and the competence and
experience of personnel who administer the Federal programs.
(i) A Federal program administered under multiple
internal control structures may have higher risk. When assessing
risk in a large single audit, the auditor shall consider whether
weaknesses are isolated in a single operating unit (e.g., one
college campus) or pervasive throughout the entity.
(ii) When significant parts of a Federal program
are passed through to subrecipients, a weak system for monitoring
subrecipients would indicate higher risk.
(iii) The extent to which computer processing is
used to administer Federal programs, as well as the complexity of
that processing, should be considered by the auditor in assessing
risk. New and recently modified computer systems may also indicate
risk.
(2) Prior audit findings would indicate higher risk,
particularly when the situations identified in the audit findings
could have a significant impact on a Federal program or have not
been corrected.
(3) Federal programs not recently audited as major
programs may be of higher risk than Federal programs recently
audited as major programs without audit findings.
(c) Oversight exercised by Federal agencies and pass-through
entities. (1) Oversight exercised by Federal agencies or pass-through entities could indicate risk. For example, recent
monitoring or other reviews performed by an oversight entity which
disclosed no significant problems would indicate lower risk.
However, monitoring which disclosed significant problems would
indicate higher risk.
(2) Federal agencies, with the concurrence of OMB, may
identify Federal programs which are higher risk. OMB plans to
provide this identification in the compliance supplements.
(d) Inherent risk of the Federal program. (1) The nature of
a Federal program may indicate risk. Consideration should be given
to the complexity of the program and the extent to which the
Federal program contracts for goods and services. For example,
Federal programs that disburse funds through third party contracts
or have eligibility criteria may be of higher risk. Federal
programs primarily involving staff payroll costs may have a high-risk for time and effort reporting, but otherwise be at low-risk.
(2) The phase of a Federal program in its life cycle at
the Federal agency may indicate risk. For example, a new Federal
program with new or interim regulations may have higher risk than
an established program with time-tested regulations. Also,
significant changes in Federal programs, laws, regulations, or the
provisions of contracts or grant agreements may increase risk.
(3) The phase of a Federal program in its life cycle at
the auditee may indicate risk. For example, during the first and
last years that an auditee participates in a Federal program, the
risk may be higher due to start-up or closeout of program
activities and staff.
(4) Type B programs with larger Federal awards expended
would be of higher risk than programs with substantially smaller
Federal awards expended.
§___.530 Criteria for a low-risk auditee.
An auditee which meets all of the following conditions for
each of the preceding two years shall qualify as a low-risk auditee
and be eligible for reduced audit coverage in accordance with
§___.520(f):
(a) Single audits were performed on an annual basis in
accordance with the provisions of this part. A non-Federal entity
that has biennial audits does not qualify as a low-risk auditee.
(b) The auditor's opinions on the financial statements and
the schedule of expenditures of Federal awards were unqualified.
However, the cognizant or oversight agency for audit may judge that
an opinion qualification does not affect the management of Federal
awards and provide a waiver.
(c) There were no deficiencies in internal control which were
identified as material weaknesses under the requirements of GAGAS.
However, the cognizant or oversight agency for audit may judge that
any identified material weaknesses do not affect the management of
Federal awards and provide a waiver.
(d) None of the Federal programs had audit findings from any
of the following in either of the preceding two years in which they
were classified as Type A programs:
(1) Internal control deficiencies which were identified
as material weaknesses;
(2) Noncompliance with the provisions of laws,
regulations, contracts, or grant agreements which have a material
effect on the Type A program; or
(3) Known or likely questioned costs that exceed five
percent of the total Federal awards expended for a Type A program
during the year.