Management and Budget Office 2009 – Federal Register Recent Federal Regulation Documents
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Discount Rates for Cost-Effectiveness Analysis of Federal Programs
The Office of Management and Budget revised Circular A-94 in 1992. The revised Circular specified certain discount rates to be updated annually when the interest rate and inflation assumptions used to prepare the budget of the United States Government were changed. These discount rates are found in Appendix C of the revised Circular. The updated discount rates are shown below. The discount rates in Appendix C are to be used for cost-effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. They do not apply to regulatory analysis.
Fiscal Year 2008 Cost of Outpatient Medical, Dental, and Cosmetic Surgery Services Furnished by Department of Defense Medical Treatment Facilities; Certain Rates Regarding Recovery From Tortiously Liable Third Persons
By virtue of the authority vested in the President by section 2(a) of Public Law 87-603 (76 Stat. 593; 42 U.S.C. 2652), and delegated to the Director of the Office of Management and Budget (OMB) by the President through Executive Order No. 11541 of July 1, 1970, the rates referenced below are hereby established. These rates are for use in connection with the recovery from tortiously liable third persons for the cost of outpatient medical, dental and cosmetic surgery services furnished by military treatment facilities through the Department of Defense (DoD). The rates were established in accordance with the requirements of OMB Circular A-25, requiring reimbursement of the full cost of all services provided. The outpatient medical and dental rates referenced are effective upon publication of this notice in the Federal Register and will remain in effect until further notice. Pharmacy rates are updated periodically. The inpatient rates, published on January 15, 2009, remain in effect until further notice. A full analysis of the rates is posted at the DoD's Uniform Business Office Web site: https:// www.tricare.mil/ocfo/_docs/2009_MedDenCS_Rates%206_25_09.pdf. The rates can be found at: https://www.tricare.mil/ocfo/mcfs/ubo/mhs_ rates.cfm.
Improving Implementation of the Paperwork Reduction Act
The Office of Management and Budget (OMB) oversees agency information collection activities under the Paperwork Reduction Act of 1995 (PRA). While information collection is critical to evidence-based decisions and informed government operations, unnecessary paperwork requirements can impose serious burdens on the public, especially small entities. The PRA requires Federal agencies to minimize the burden on the public resulting from their information collections, and to maximize the practical utility of the information collected. OMB is committed to working with agencies and the public to promote compliance with the PRA and to reduce unnecessary paperwork and improve PRA guidance and implementation. To that end, OMB is inviting comments from the public on how to strengthen and improve implementation of the PRA. Specifically, OMB seeks comments on reducing current paperwork burdens, especially on small entities; increasing the practical utility of information collected by the Federal Government; ensuring accurate burden estimates; and preventing unintended adverse consequences.
Draft 2009 Report to Congress on the Benefits and Costs of Federal Regulations
The Office of Management and Budget (OMB) requests comments on its Draft 2009 Report to Congress on the Benefits and Costs of Federal Regulations. The full Draft Report is available at https:// www.whitehouse.gov/omb/inforegregpolreportscongress/, and is divided into four chapters. Chapter I examines the benefits and costs of major Federal regulations issued in fiscal year 2008 and summarizes the benefits and costs of major regulations issued between September 1998 and 2008. It also discusses regulatory impacts on State, local, and tribal governments, small business, wages, and economic growth. Chapter II examines trends in regulation since OMB began to compile benefit and cost estimates records in 1981. Chapter III provides an update on implementation of the Information Quality Act. Chapter IV summarizes agency compliance with the Unfunded Mandates Reform Act.
Compliance Assistance Resources and Points of Contact Available to Small Businesses
In accordance with the Small Business Paperwork Relief Act of 2002 (44 U.S.C. 3520), the Office of Management and Budget (OMB) is publishing a ``list of the compliance assistance resources available to small businesses'' and a list of the points of contacts in agencies ``to act as a liaison between the agency and small business concerns'' with respect to the collection of information and the control of paperwork. This information is posted on the following Web site: http:/ /www.business.gov/business-law/contacts/federal/.
Proposed Revision of the Policy on Web Tracking Technologies for Federal Web Sites
The Office of Management and Budget (OMB) is considering options for revising the current prohibition on Web tracking technologies (such as persistent cookies) and invites public comments on the policy that would govern the use of such technologies. The goal of this review is for the Federal Government to continue to protect the privacy of people who visit Federal Government Web sites while at the same time making these Web sites more user-friendly, providing better customer service, and allowing for enhanced Web analytics.
Guidance for Drug-Free Workplace Requirements (Financial Assistance)
The Office of Management and Budget (OMB) is issuing guidance on drug-free workplace requirements for financial assistance. The guidance conforms with the common rule that 31 Federal agencies published on November 26, 2003 and therefore makes no substantive change to Federal policies and procedures in this area. The agencies issued the common rule after resolving public comments received in response to a Notice of Proposed Rulemaking.
Notification of a Public Meeting on the Presidential Memorandum on Government Contracting
The Presidential Memorandum on Government Contracting, issued on March 4, 2009, establishes a framework for improving critical components of the federal acquisition system and management of the Federal Government's ``multi-sector'' workforce of federal employees and private sector contractors. The Memorandum directs the Office of Management and Budget (OMB), in consultation with federal agency leadership, to improve and strengthen federal contracting practices and to seek input from the public on the most effective ways to achieve this goal. Section 321 of the National Defense Authorization Act (NDAA) for Fiscal Year 2009 further directs OMB to clarify the definition of an inherently governmental function and to develop criteria to be used by agency heads to identify other functions that should only be performed by Federal employees. The Presidential Memorandum is available at https://www.whitehouse.gov/briefingroom/ PresidentialActions/pg2/. Section 321 may be found at https:// www.rules.house.gov/110/text/110_hr5658.pdf.
Audits of States, Local Governments, and Non-Profit Organizations; Circular A-133 Compliance Supplement
This notice announces the availability of the 2009 Circular A- 133 Compliance Supplement. The notice also offers interested parties an opportunity to comment on the 2009 Circular A-133 Compliance Supplement. The 2009 Supplement adds four programs, including one program added to an existing cluster, and a new cross cutting section. It deletes six programs and has also been updated for program changes and technical corrections. In total, the 2009 Compliance Supplement includes 176 individual programs. A list of changes to the 2009 Supplement can be found at Appendix V. It has a new Appendix VII that provides an audit alert regarding the grant programs funded under American Recovery and Reinvestment Act of 2009 and a summary report of common audit deficiencies disclosed in the Report on the National Single Audit Sampling Project (published in June 2007). Due to its length, the 2009 Supplement is not included in this Notice. See
Determination of Executive Compensation Benchmark Amount
The Office of Management and Budget is publishing the attached memorandum to the Heads of Executive Departments and Agencies concerning the determination of the maximum benchmark compensation amount that will be allowable under government contracts during contractors' fiscal year 2009$684,181. This determination is required under Section 39 of the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 435) as amended. The benchmark compensation amount applies equally to both defense and civilian procurement agencies.
Cost Accounting Standards: Exemption From Cost Accounting Standards for Contracts Executed and Performed Entirely Outside the United States, Its Territories, and Possessions
The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board (CASB), invites public comments and information on a provision that provides an exemption from CAS for contracts and subcontracts that are executed and performed entirely outside the United States, its territories, and possessions (overseas exemption).
Requirements for Implementing Sections 1512, 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 for Financial Assistance Awards
The Office of Federal Financial Management (OFFM) is establishing Governmentwide guidance and standard award terms for agencies to include in financial assistance awards (namely, grants, cooperative agreements, and loans) as part of their implementation of sections 1512, and 1605, and 1606 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5). This guidance does not cover all award terms that may be needed on financial assistance awards funded directly or assisted by the Federal Government under the Recovery Act. The focus of this guidance is on implementing Recovery Act provisions that may require greater clarification in order to foster consistent application across the Federal Government. Under the interim final guidance, agencies would use the standard award terms in their financial assistance awards to require recipients and subrecipients (first-tier that are not individuals) to maintain current registrations in the Central Contractor Registration (CCR) database; to require recipients to report quarterly on project or activity status, subgrant and subcontract information; to notify recipients of the domestic sourcing (``Buy American'') requirements that apply to certain iron, steel and manufactured goods; to notify recipients of the wage rate requirements that apply to certain projects; and to ensure proper accounting and reporting of Recovery Act expenditures in single audits.
Information Collection Activities: Proposed Collection; Comment Request
In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) invites the general public and Federal agencies to comment on the standard data elements that are being reviewed under emergency review procedures for use in complying with reporting requirements under section 1512 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) (``Recovery Act''). The title of the standard data element set is ``Standard Data Elements for Reports under Section 1512 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 (Grants, Cooperative Agreements and Loans).'' Once the standard data elements are approved, each federal agency must require its recipients of grants, cooperative agreements and loans made under the Recovery Act to report the information and data electronically through a central Governmentwide portal or through an agency information collection process. Information on the reporting procedures will be posted to https://www.federalreporting.gov once available. Recipients of Recovery Act funded grants, cooperative agreements and loans may collect the data and information approved under this approved information collection from their subrecipients and subcontractors. A standard information collection for recipients of Recovery Act funded contracts directly awarded by the Federal government is being reviewed under a separate information collection process.
Federal Regulatory Review
The Director of the Office of Management and Budget (OMB) extends the deadline for public comments on how to improve the process and principles governing Federal regulatory review.
Federal Regulatory Review
The Director of the Office of Management and Budget (OMB) is developing a set of recommendations to the President for a new Executive Order on Federal Regulatory Review, and invites public comments on how to improve the process and principles governing regulation.
Recommendations From the Metropolitan and Micropolitan Statistical Area Standards Review Committee to the Office of Management and Budget Concerning Changes to the 2000 Standards for Defining Metropolitan and Micropolitan Statistical Areas
Under the authority of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 1104(d)) and the Paperwork Reduction Act of 1995 (44 U.S.C. 3504(e)), the Office of Management and Budget (OMB) requests public comment on the recommendations it has received from the Metropolitan and Micropolitan Statistical Area Standards Review Committee for changes to OMB's metropolitan and micropolitan statistical area standards. The committee's report and recommendations, which are published in their entirety in the Appendix, follow from study of the 2000 standards, published by OMB in the December 27, 2000 Federal Register (65 FR 82227-82238). The committee's work is a key element in OMB's review that will culminate in publication of the 2010 statistical area standards for the next decade. (Decisions on changes to the metropolitan and micropolitan statistical area standards will not affect the collection, tabulation, and publication of data from the 2010 Census and other current Federal data collections for geographic areas such as states, counties, county subdivisions, and municipalities.) Request for Comments: OMB is seeking comments only on the specific recommendations of the committee for revising the 2000 standards. In addition, OMB would welcome comments on the wording of the recommended 2010 standards to help ensure their clarity and understandability. Comments submitted in response to this notice may be made available to the public, including by posting them on OMB's Web site. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. Electronic Availability: This notice is available on the Internet from the OMB Web site at https://www.whitehouse.gov/omb/fedreg/ 2009.aspx. Federal Register notices are also available electronically from the U.S. Government Printing Office Web site at https:// www.gpoaccess.gov/fr/.
Information Collection Activities: Proposed Collection; Comment Request
In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) invites the general public and Federal agencies to comment on the renewal without change of four (4) standard forms: SF-269, Financial Status Report (Long Form); SF-269A, Financial Status Report (Short Form); SF-272, Federal Cash Transactions Report; and SF-272A, Federal Cash Transactions Report. OMB anticipates that this will be the last renewal of these forms. By no later than October 1, 2009, each federal agency must transition from the SF-269, SF-269A, SF-272, and SF-272A to the Federal Financial Report (FFR), by requiring recipients to use the FFR for all financial reports submitted after the date it makes the transition. In making the transition, an agency would incorporate the requirement to use the FFR into terms and conditions of new and ongoing grant and cooperative agreement awards, State plans, and/or program regulations that specify financial reporting requirements.
2010 Standard Occupational Classification (SOC)-OMB's Final Decisions
Under the authority of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 1104(d)) and the Paperwork Reduction Act of 1995 (44 U.S.C. 3504(e)), the Office of Management and Budget (OMB) is presenting in this notice its final decisions for revising the 2000 Standard Occupational Classification (SOC) for 2010. The SOC is designed to reflect the current occupational structure of the United States; it classifies all occupations in which work is performed for pay or profit. The SOC covers all jobs in the national economy, including occupations in the public, private, and military sectors. All Federal agencies that publish occupational data for statistical purposes are required to use the SOC; State and local government agencies are strongly encouraged to use this national system to promote a common language for categorizing and analyzing occupations. In two prior Federal Register notices regarding the 2010 SOC (May 16, 2006, 71 FR 28536-28538; and May 22, 2008, 73 FR 29930-29939), OMB and its interagency Standard Occupational Classification Policy Committee (SOCPC) requested comment on the revision process, classification principles and guidelines, corrections to the 2000 SOC Manual, the intention to retain the 2000 SOC Major Group structure, and changes to the existing occupations. OMB, in conjunction with the SOCPC, reviewed and carefully considered the comments received in response to these notices in the process of making its final decisions presented in this notice. Based on these final decisions, OMB has requested that the SOCPC prepare the 2010 Standard Occupational Classification Manual for publication. A complete crosswalk between the 2000 and the 2010 SOC will be available online after publication of the 2010 SOC Manual. Committee members have completed definitions and agencies with occupational classification systems are developing crosswalks from their existing systems to the 2010 SOC. In comparison to the 2000 SOC, the 2010 SOC realized a net gain of 19 detailed occupations, 12 broad occupations, and 1 minor group. The number of major groups is unchanged. The 2010 SOC system contains 840 detailed occupations, aggregated into 461 broad occupations. In turn, the SOC combines these 461 broad occupations into 97 minor groups and 23 major groups. More than 400 of the 840 detailed occupations in the 2010 SOC structure remained the same as in 2000, and over 300 others required only editing changes. Therefore, no substantive changes occurred in occupational coverage for about 4 out of 5 detailed occupations in the 2010 SOC. As an indicator of the scope of changes to the structure of the SOC, 8 detailed occupations moved from one major group in the 2000 SOC to another in the 2010 SOC. Three occupations were placed in the major group 13-0000 Business and Financial Operations Occupations, including ``Farm Labor Contractors'' (13-1074)previously classified in major group 45-0000 Farming, Fishing, and Forestry Occupationsand ``Fundraisers'' (13-1131)previously classified in major group 41-0000 Sales and Related Occupations. Workers in ``Market Research Analysts and Marketing Specialists'' (13-1161) were previously classified in multiple SOC occupations including in ``Market Research Analysts'' in major group 19-0000 Life, Physical, and Social Science Occupations and in ``Public Relations Specialists'' in major group 27-0000 Arts, Design, Entertainment, Sports, and Media Occupations. Two occupations moved into the major group 53-0000 Transportation and Material Moving Occupations, both from major group 39-0000 Personal Care and Service Occupations. These were ``Flight Attendants'' (53-2031) and ``Transportation Attendants, Except Flight Attendants'' (53-6061). Workers in the newly created ``Morticians, Undertakers, and Funeral Directors'' (39-4031) were previously classified with ``Funeral Directors'' (11-9061) in the major group 11-0000 Management Occupations. Workers in another occupation new to the 2010 SOC, ``Solar Photovoltaic Installers'' (47-2231) were previously classified in multiple SOC occupations including two in major group 49-0000 Installation, Maintenance, and Repair Occupations, ``Heating, Air Conditioning, and Refrigeration Mechanics and Installers'' (49-9021) and ``Installation, Maintenance, and Repair Workers, All Other'' (49- 9099). Lastly, the detailed occupation ``Emergency Management Directors'' (11-9161) was previously classified in major group 13-0000 Business and Financial Operations Occupations, under the title ``Emergency Management Specialists.'' Future activities: To ensure that the successful efforts of the SOCPC continue and that the SOC reflects the structure of the changing workforce, the SOCPC will continue its service as a standing committee. The SOCPC will meet periodically to monitor the implementation of the 2010 SOC across Federal agencies. This consultation will include regularly scheduled interagency communication to ensure a smooth transition to the 2010 SOC. The SOCPC will also perform SOC maintenance functions, such as recommending clarifications of the SOC occupational definitions, placement of new occupations within the existing structure, and updating title files. The next major review and revision of the SOC is expected to begin in 2013, in preparation for a 2018 SOC. The intent of this revision schedule is to minimize disruption to data providers, producers, and users by promoting simultaneous adoption of revised occupational and industry classification systems for those data series that use both. Given the multiple interdependent programs that rely on the SOC, this is best accomplished by timing revisions of the SOC for the years following North American Industry Classification System (NAICS) revisions, which occur for years ending in 2 and 7. The next such year is 2018, which has the additional benefit of coinciding with the beginning year of the American Community Survey five-year set of surveys that bracket the 2020 Decennial Census. Thus, OMB intends to consider revisions of the SOC for 2018 and every 10 years thereafter. Appendices: This notice includes three appendices in the SUPPLEMENTARY INFORMATION section below. Appendix A presents the adopted changes to the SOC Classification Principles. Appendix B provides a preliminary crosswalk between the occupation codes in the 2000 SOC and the revised codes for the 2010 SOC. Appendix C provides a preliminary crosswalk between the revised codes for the 2010 SOC and the 2000 SOC. Appendices B and C show only new occupations and occupations where a change was made to a title or code. The complete 2010 SOC structure is available on the Bureau of Labor Statistics Web site at https://www.bls.gov/soc/home.htm. Electronic Availability: This document is available on the Internet from the Bureau of Labor Statistics at https://www.bls.gov/soc/home.htm. This Web page contains links to previous SOC Federal Register notices and related documents, as well as the full 2010 SOC structure. To obtain this notice via e-mail, please send a message requesting the OMB SOC final decisions Federal Register notice to soc@bls.gov. After publication of the manual, inquiries about the definitions for particular occupations or requests for electronic copies of the SOC structure that cannot be satisfied by use of the Web site should be addressed to Theresa Cosca, Standard Occupational Classification Policy Committee, U.S. Bureau of Labor Statistics, Room 2135, Washington, DC 20212; e-mail: soc@bls.gov; telephone number: (202) 691-6500; fax number: (202) 691-6444.
2008 and 2009 List of Designated Federal Entities and Federal Entities
As required by the Inspector General Act of 1978 (IG Act), as amended, this notice provides the 2008 and 2009 list of Designated Federal Entities and Federal Entities.
Cost of Hospital and Medical Care Treatment Furnished by the Department of Defense Military Treatment Facilities; Certain Rates Regarding Recovery From Tortiously Liable Third Persons
By virtue of the authority vested in the President by Section 2(a) of Pub. B. 87-603 (76 Stat. 593; 42 U.S.C. 2652), and delegated to the Director of the Office of Management and Budget by the President through Executive Order No. 11541 of July 1, 1970, the rates referenced below are hereby established. These rates are for use in connection with the recovery from tortiously liable third persons for the cost of inpatient medical services furnished by military treatment facilities through the Department of Defense (DoD). The rates have been established in accordance with the requirements of OMB Circular A-25, requiring reimbursement of the full cost of all services provided. The inpatient medical service rates referenced are effective upon publication of this notice in the Federal Register and will remain in effect until further notice. The outpatient medical, dental, and cosmetic surgery rates published on November 25, 2008 remain in effect until further notice. Pharmacy rates are updated periodically. A full disclosure of the rates is posted at the DoD's Uniform Business Office Web Site: https://www.tricare.mil/ocfo/_docs/ FY09%20Direct%20Care%20Inpatient%20Billing%20Rates%20Memo.pdf .
2007 North American Industry Classification System (NAICS)-Updates for 2012
Under the authority of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 1104(d)) and 44 U.S.C. 3504(e), the Office of Management and Budget, through the Economic Classification Policy Committee (ECPC), is soliciting proposals from the public for changes to the North American Industry Classification System (NAICS) structure and content to be included in a potential 2012 revision. The ECPC is also seeking public input on several clarifications to the existing classification system (please see Parts I-VI in the SUPPLEMENTARY INFORMATION section, below). The clarifications relate to ongoing changes in how businesses organize and structure themselves to efficiently provide goods and services in the economy. In Part I, the ECPC provides background on the NAICS classification system. In Part II, the ECPC is soliciting public comments on the advisability and desirability of reducing national industry detail in the manufacturing sector during a 2012 revision of NAICS. Part III includes a solicitation of proposals for new and emerging industries. Part IV presents notification of a method to publicize corrections for errors and omissions that are identified in NAICS 2007. Part V solicits public comments on the classification of distribution centers, logistics service providers, and sales offices of publishers within NAICS. Part VI solicits public comments and suggestions to clarify the classification of establishments that outsource manufacturing transformation activities and provide manufacturing services in the market given the increasing specialization and globalization of business activities in the economy. In soliciting comments about revising NAICS, the ECPC does not intend to open the entire classification for substantial change in 2012. The ECPC will consider public comments and proposals for changes or modifications that advance the goals of NAICS. The ECPC is also seeking and will consider comments related to consistent classification in an era of greater specialization and globalization.
Discount Rates for Cost-Effectiveness Analysis of Federal Programs
The Office of Management and Budget revised Circular A-94 in 1992. The revised Circular specified certain discount rates to be updated annually when the interest rate and inflation assumptions used to prepare the Budget of the United States Government were changed. These discount rates are found in Appendix C of the revised Circular. The updated discount rates are shown below. The discount rates in Appendix C are to be used for cost-effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. They do not apply to regulatory analysis.
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