Management and Budget Office – Federal Register Recent Federal Regulation Documents

The Office of Management and Budget (OMB) announces its final decisions to accept the recommendations of the Economic Classification Policy Committee (ECPC), as outlined in the July 2, 2021, Federal Register notice. OMB accepts the ECPC recommendations for the 2022 revisions to the North American Industry Classification System (NAICS), as well as the recommendations to update OMB Statistical Policy Directive No. 8, North American Industry Classification System: Classification of Establishments and to eliminate OMB Statistical Policy Directive No. 9, Standard Industrial Classification of Enterprises. In large part, the series of revisions for NAICS are designed to address decreasing usefulness of employing the mode of delivery (online versus in store/print) as an industry delineation criterion in the Wholesale Trade, Retail Trade, and Information sectors. In short, the internet has developed from a specialized activity to a generic method of delivery for goods and services. Therefore, the 2022 revisions to NAICS reflect a deemphasis on the delivery method as an industry function used in NAICS classification. In addition, OMB has accepted the ECPC recommendations with respect to biobased products manufacturing and renewable chemicals manufacturing topic areas, including the decision to continue research and outreach in this important emerging area. There are four parts in the SUPPLEMENTARY INFORMATION section below, which provide more information. Part I summarizes the background of NAICS and this revision cycle. Part II contains a summary of public comments in response to the July 2, 2021, Federal Register notice. Part III includes a summary of the ECPC recommendations. Part IV outlines OMB's final decisions.

The United States Digital Service (USDS) within the Office of Management and Budget is announcing an opportunity for public comment on a new proposed collection of information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and to allow 60 days for public comment in response to the notice. This notice solicits comments on a new collection proposed by USDS.

The Office of Management and Budget (OMB) publishes the names of the members selected to serve on its Senior Executive Service (SES) Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.

The Office of Management and Budget (OMB) is seeking public comment on a draft strategy document titled ``Moving the U.S. Government Towards Zero Trust Cybersecurity Principles.''

The Office of Management and Budget (OMB) is publishing its semiannual agenda of upcoming activities for Federal regulations, OMB Guidance, Office of Federal Procurement Policy (OFPP) Policy Letters, and Cost Accounting Standards (CAS) Board Cost Accounting Standards. OMB Guidance and OFPP Policy Letters are published in accordance with OMB's internal procedures for implementing Executive Order 12866 (58 FR 51735 (Oct. 4, 1993)). OMB policy guidelines are issued under authority derived from several sources, including: Subtitles I, II, and V of title 31, U.S. Code; Executive Order 11541; and other specific authority as cited. OMB Guidance and OFPP Policy Letters communicate guidance and instructions of a continuing nature to executive branch agencies. As such, most OMB Guidance and OFPP Policy Letters are not regulations. Nonetheless, because these issuances are typically of interest to the public, they are generally published in the Federal Register at both the proposed (for public comment) and final stages. For this reason, they are presented below in the standard format of ``pre-rule,'' ``proposed rule,'' and ``final rule'' stages. CASB Cost Accounting Standards are issued under authority derived from 41 U.S.C. 1501 et seq.. Cost Accounting Standards are rules governing the measurement, assignment, and allocation of costs to contracts entered into with the United States Government. For purposes of this agenda, we have excluded directives that outline procedures to be followed in connection with the President's budget and legislative programs, as well as directives that affect only the internal functions, management, or personnel of Federal agencies.

The Office of Management and Budget (OMB) seeks public comment on the advisability of adopting the proposed North American Industry Classification System (NAICS) updates for 2022 recommended by its Economic Classification Policy Committee (ECPC), which comprises representatives of the Bureau of Economic Analysis, Bureau of Labor Statistics, U.S. Census Bureau, and other government agencies. The ECPC recommends an update of the industry classification system to clarify existing industry definitions and content, recognize new and emerging industries, combine industries, and correct errors and omissions. The ECPC also recommends an update of OMB Statistical Policy Directive No. 8, Standard Industrial Classification of Establishments, and to withdraw OMB Statistical Policy Directive No. 9, Standard Industrial Classification of Enterprises. In large part, this proposed series of revisions are designed to address the view of the ECPC regarding the decreasing usefulness of employing the mode of delivery (online versus in store/print) as an industry delineation criterion in the Wholesale Trade, Retail Trade, and Information sectors. In short, the internet has developed from a specialized activity to a generic method of delivery for goods and services. Therefore, the ECPC has developed recommendations that reevaluate and deemphasize the delivery method as an industry function used in NAICS classification. There are four parts in the SUPPLEMENTARY INFORMATION section below. Part I summarizes the background for the proposed revisions to NAICS 2017. Part II contains a summary of public comments regarding priorities for changes to NAICS in 2022, the ECPC recommendation to update OMB Statistical Policy Directive No. 8, Standard Industrial Classification of Establishments, and the ECPC recommendation to withdraw OMB Statistical Policy Directive No. 9, Standard Industrial Classification of Enterprises. Part III includes a list of title changes for NAICS industries that clarify, but do not change, the existing content of the industries. Part IV provides a comprehensive listing of proposed changes for national industries and their links to NAICS 2017 industries.

The Office of Management and Budget (OMB) publishes the names of the members selected to serve on its Senior Executive Service (SES) Performance Review Board (PRB). This notice supersedes all previous notices of the PRB membership.

Recent Executive Orders have charged the Office of Management and Budget (OMB), in partnership with the heads of agencies, to identify, by July 2021, effective methods for assessing whether agency policies and actions (e.g., programs, services, processes, and operations) equitably serve all eligible individuals and communities, particularly those that are currently and historically underserved. As part of this effort, agencies are directed to consult with members of communities that have been historically underrepresented in the Federal Government and underserved by, or subject to discrimination in, Federal policies and programs, and to evaluate opportunities, as allowable, to increase coordination, communication, and engagement with community- based and civil rights organizations. Through this request for information (RFI), OMB seeks input, information, and recommendations from a broad array of stakeholders in the public, private, advocacy, not-for-profit, and philanthropic sectors, including State, local, Tribal, and territorial areas, on available methods, approaches, and tools that could assist in this effort. OMB will consider the usability, applicability, and rigor of submissions in response to this RFI as OMB gathers resources to support agencies as they conduct internal assessments on the state of equity in their policies, programs, services, processes, and operations. OMB will also use what it learns from responses to this RFI as OMB works to expand use of equity-assessment methods and approaches across the Federal Government, as agencies develop agency Equity Action Plans (due to the Domestic Policy Council by January 19, 2022) outlining steps they will take to address identified gaps in equity.

The Office of Management and Budget (OMB) is correcting the final guidance that appeared in the Federal Register on August 13, 2020. That document incorrectly cited specific sections or laws and inadvertently omitted specific language from the revisions. This amendment fixes citations and references and clarifies specific language.

Pursuant to section 1014(d) of the Congressional Budget and Impoundment Control Act of 1974, OMB is issuing a supplementary special message from the President in regard to the rescissions proposals that were previously transmitted to the Congress on January 14, 2021 under section 1012(a) of that Act. The supplementary special message was transmitted to the Congress on January 31, 2021. The supplementary special message reports the withdrawal of all 73 proposals.

OMB is issuing the OMB Final Sequestration Report to the President and Congress for Fiscal Year 2021 to report on status of 2021 discretionary caps and compliance of enacted 2021 discretionary appropriations legislation with those caps.

The Payment Integrity Information Act of 2019 (PIIA) authorizes the Office of Management and Budget (OMB) to designate databases for inclusion in Treasury's Working System under the Do Not Pay (DNP) Initiative. PIIA further requires OMB to provide public notice and opportunity for comment prior to designating additional databases. As a result, OMB is publishing this Notice of Proposed Designation to designate the United States Postal Service (USPS) Delivery Sequence File, the Census Bureau Federal Audit Clearinghouse, the Do Not Pay (DNP) Agency Adjudication Data, Fiscal Service's Payments, Claims, and Enhanced Reconciliation (PACER) database, Bureau of Prisons (BOP) Incarceration Data, Digital Accountability and Transparency Act (DATA Act) data, Census Bureau's American Communities Survey (ACS) Annual State and County Data Profiles, Veterans Affairs' (VA) Beneficiary Identification Records Locator Service (BIRLS), Department of Agriculture's National Disqualified List (NDL), Center for Medicare and Medicaid Services (CMS) National Plan and Provider Enumeration System (NPPES), Internal Revenue Service's (IRS) Statistics of Income (SOI) Annual Individual Income Tax ZIP Code Data, and the U.S. Securities and Exchange Commission's (SEC) Electronic Data Gathering, Analysis, and Retrieval (EDGAR) System. OMB's detailed analysis of the aforementioned databases has been posted on Regulations.gov. This notice has a 30-day comment period.

This document announces the availability of the 2020 Compliance Supplement Addendum (2020 Addendum) for the Office of Management and Budget's uniform administrative requirements, cost principles, and audit requirements regulations. This document also offers interested parties an opportunity to comment on the 2020 Addendum.

The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards Board (Board), is publishing this document to announce the availability of an advance notice of proposed rulemaking to address the potential conformance of the Cost Accounting Standards (CAS) to Generally Accepted Accounting Principles (GAAP) for operating revenue and lease accounting. This ANPRM follows the issuance of a Staff Discussion Paper (SDP) published on March 13, 2019.

OMB is issuing the OMB Sequestration Update Report to the President and Congress for Fiscal Year 2021 to report on the status of the discretionary caps and on the compliance of pending discretionary appropriations legislation with those caps.

The Office of Management and Budget (OMB) is revising sections of OMB Guidance for Grants and Agreements. This revision reflects the foundational shift outlined in the President's Management Agenda (PMA) to set the stage for enhanced result-oriented accountability for grants. This guidance is reflects the Administration's focus on improved stewardship and ensuring that the American people are receiving value for funds spent on grant programs. The revisions are limited in scope to support implementation of the President's Management Agenda, Results-Oriented Accountability for Grants Cross- Agency Priority Goal (Grants CAP Goal) and other Administration priorities; implementation of statutory requirements and alignment of these sections with other authoritative source requirements; and clarifications of existing requirements in particular areas within these sections.

The Office of Management and Budget (OMB) is proposing revisions to sections of its Uniform Freedom of Information Act Fee Schedule and Guidelines (``Guidelines'') last published in 1987. This action is necessary to conform the Guidelines with statutory amendments to the Freedom of Information Act (FOIA), to provide clarity in light of evolving judicial interpretation, and to clarify the scope of the Guidelines. This action is intended to provide Federal agencies with guidance on the appropriate and uniform application of FOIA processing fees.

The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards Board (CAS Board) is publishing this notice to advise the public of its winter meetings. The notice is published pursuant to section 820(a) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017, which requires the CAS Board to publish agendas of its meetings in the Federal Register. The meetings are closed to the public.

The Office of Management and Budget (OMB) is seeking public comment on a draft memorandum titled, Completing the Transition to Internet Protocol Version 6.

Office of Management and Budget (OMB) requests comment on the questions posed by the Interagency Technical Working Group on Evaluating Alternative Measures of Poverty (Working Group) to help inform the Working Group's recommendations on producing additional measures of poverty. The Working Group has developed a consensus interim report that details its considerations to date. The Working Group's interim report is summarized in the SUPPLEMENTARY INFORMATION section below and available in full on www.regulations.gov. The interim report outlines the history of poverty measurement in the U.S., describes the Working Group's considerations of an extended income- based poverty measure and a consumption-based poverty measure, and identifies other areas worthy of future research. It also identifies questions for public comment, toward the goal of helping to inform the remaining discussions of the Working Group, and meet their charge of identifying whether or not to recommend to the Chief Statistician of the United States that one or more new measures of poverty be developed and published. The Working Group's interim report reflects considerations to date, but does not reflect recommendations or decisions. This interim report and the Working Group's questions are being published to solicit input from the public.

This report is being published as required by the Statutory Pay-As-You-Go (PAYGO) Act of 2010. The Act requires that OMB issue an annual report and a sequestration order, if necessary.

The Office of Management and Budget is proposing to revise sections of Title 2 of the Code of Federal Regulations (CFR) Subtitle A-OMB Guidance for Grants and Agreements. The proposed revisions are limited in scope to support implementation of the President's Management Agenda, Results-Oriented Accountability for Grants Cross- Agency Priority Goal (Grants CAP Goal) and other Administration priorities; implementation of statutory requirements and alignment of 2 CFR with other authoritative source requirements; and clarifications of existing requirements in particular areas within 2 CFR. These proposed revisions are intended to reduce recipient burden, provide guidance on implementing new statutory requirements, and improve Federal financial assistance management, transparency, and oversight.

The Office of Management and Budget (OMB) requests comments on a draft Memorandum that provides guidance to all Federal agencies to inform the development of regulatory and non-regulatory approaches regarding technologies and industrial sectors that are empowered or enabled by artificial intelligence (AI) and consider ways to reduce barriers to the development and adoption of AI technologies. OMB guidance on these matters seeks to support the U.S. approach to free- market capitalism, federalism, and good regulatory practices (GRPs). The draft Memorandum calls on agencies, when considering regulations or policies related to AI applications, to promote advancements in technology and innovation, while protecting American technology, economic and national security, privacy, civil liberties, and other American values, including the principles of freedom, human rights, the rule of law, and respect for intellectual property. The draft Memorandum is available at https://www.whitehouse.gov/wp-content/ uploads/2020/01/Draft-OMB-Memo-on-Regulation-of-AI-1-7-19.pdf .

The Office of Management and Budget (OMB) is publishing its semiannual agenda of upcoming activities for Federal regulations, OMB Guidance, Office of Federal Procurement Policy (OFPP) Policy Letters, and Cost Accounting Standards (CAS) Board Cost Accounting Standards. OMB Guidance and OFPP Policy Letters are published in accordance with OMB's internal procedures for implementing Executive Order 12866 (October 4, 1993, 58 FR 51735). OMB policy guidelines are issued under authority derived from several sources, including: Subtitles I, II, and V of title 31, United States Code; Executive Order 11541; and other specific authority as cited. OMB Guidance and OFPP Policy Letters communicate guidance and instructions of a continuing nature to executive branch agencies. As such, most OMB Guidance and OFPP Policy Letters are not regulations. Nonetheless, because these issuances are typically of interest to the public, they are generally published in the Federal Register at both the proposed (for public comment) and final stages. For this reason, they are presented below in the standard format of ``pre-rule,'' ``proposed rule,'' and ``final rule'' stages. CASB Cost Accounting Standards are issued under authority derived from 41 U.S.C. 1501 et seq. Cost Accounting Standards are rules governing the measurement, assignment, and allocation of costs to contracts entered into with the United States Government. For purposes of this agenda, we have excluded directives that outline procedures to be followed in connection with the President's budget and legislative programs, as well as directives that affect only the internal functions, management, or personnel of Federal agencies.