Management and Budget Office 2012 – Federal Register Recent Federal Regulation Documents

Cost Accounting Standards: Revision of the Exemption From Cost Accounting Standards for Contracts and Subcontracts for the Acquisition of Commercial Items
Document Number: 2012-27992
Type: Proposed Rule
Date: 2012-11-19
Agency: Management and Budget Office, Executive Office of the President, Office of Federal Procurement Policy
The OFPP and CAS Board invite public comments concerning this proposed rule to clarify the exemption for contracts or subcontracts for the acquisition of commercial items (hereafter referred to as the ``(b)(6) commercial item exemption'') so that the regulatory text is more consistent with the statutory text. Specifically, the proposed rule clarification will eliminate the detailed listing of permissible contract and subcontract types, and instead the revised provision will contain more generalized language that reads ``contracts and subcontracts for the acquisition of commercial items,'' which reflects the statutory text.
Calendar Year 2012 Cost of Outpatient Medical and Dental Services Furnished by Department of Defense Medical Treatment Facilities; Certain Rates Regarding Recovery From Tortiously Liable Third Persons
Document Number: 2012-27990
Type: Notice
Date: 2012-11-19
Agency: Management and Budget Office, Executive Office of the President
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 and dental 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. Previously published inpatient rates remain in effect until further notice. A full disclosure of the rates is posted at the DoD's Uniform Business Office Web Site: http://www.tricare.mil/ocfo/_ docs/ CY%202012%20Outpt%20Med%20Den%20CS%20Rates%20dtd%206%2025%201 2.pdf. The rates can be found at http://www.tricare.mil/ocfo/mcfs/ubo/mhs_rates/ outpatient.cfm.
OMB Sequestration Update Report to the President and Congress for Fiscal Year 2013
Document Number: 2012-20939
Type: Notice
Date: 2012-08-27
Agency: Management and Budget Office, Executive Office of the President
Public Law 112-25, the Budget Control Act of 2011 (BCA, ``the Act'') amended the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) by reinstating the discretionary spending limits that had expired after 2002. Section 254 of the BBEDCA requires the Office of Management and Budget (OMB) to issue a Sequestration Update Report on August 20th of each year on the overall status of discretionary legislation. This report provides OMB's current estimates of the spending limits set in the Act and OMB's scoring of pending appropriations legislation against those limits as of August 2012. As required, these estimates rely on the same economic and technical assumptions used in the President's 2013 Budget, which the Administration transmitted to the Congress on February 13, 2012.
Audits of States, Local Governments, and Non-Profit Organizations; OMB Circular A-133 Compliance Supplement
Document Number: 2012-18808
Type: Notice
Date: 2012-08-01
Agency: Management and Budget Office, Executive Office of the President
This notice announces the availability of the 2012 OMB Circular A-133 Compliance Supplement (Supplement). The notice also offers interested parties an opportunity to comment on the 2012 Supplement. The 2012 Supplement adds seven new programs, including four programs added to existing clusters. It deletes eight programs and has also been updated for program changes and technical corrections. The eight deleted programs are:
Cost Accounting Standards: Cost Accounting Standards 412 and 413-Cost Accounting Standards Pension Harmonization Rule
Document Number: 2012-17265
Type: Rule
Date: 2012-07-25
Agency: Management and Budget Office, Executive Office of the President, Office of Federal Procurement Policy
The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards Board (Board), is publishing technical corrections to the final rule that revised Cost Accounting Standard (CAS) 412, ``Composition and Measurement of Pension Cost,'' and CAS 413, ``Adjustment and Allocation of Pension Cost'' for the CAS Pension Harmonization Rule, published on December 27, 2011. Some illustrations in that document are not consistent with their corresponding Table or text, or the text used in the two effective date provisions is not consistent with each other in the amendment language. This document corrects the final regulations by revising the applicable sections accordingly.
Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments: Development of the Joint Strategic Plan on Intellectual Property Enforcement
Document Number: 2012-17685
Type: Notice
Date: 2012-07-20
Agency: Management and Budget Office, Executive Office of the President
The Federal Government is starting the process of developing a new Joint Strategic Plan on Intellectual Property Enforcement. By committing to common goals, the U.S. Government will more effectively and efficiently combat intellectual property infringement. In this request for comments, the U.S. Government, through the Office of the U.S. Intellectual Property Enforcement Coordinator (``IPEC''), invites public input and participation in shaping the Administration's intellectual property enforcement strategy. The Office of the U.S. Intellectual Property Enforcement Coordinator was established within the Executive Office of the President pursuant to the Prioritizing Resources and Organization for Intellectual Property Act of 2008, Public Law 110-403 (Oct. 13, 2008) (the ``PRO IP Act''). Pursuant to the PRO IP Act, IPEC is charged with developing the Administration's Joint Strategic Plan on Intellectual Property Enforcement for submission to Congress every three years. In carrying out this mandate, IPEC chairs an interagency intellectual property enforcement advisory committee comprised of Federal departmental and agency heads whose respective departments and agencies are involved in intellectual property enforcement. This request for comments and recommendations as IPEC develops a new enforcement strategy is divided into three parts. In the first section titled ``Strategy Recommendations,'' IPEC requests detailed recommendations from the public regarding specific recommendations for improving the U.S. Government's intellectual property enforcement efforts. In the second section titled ``Threat Assessment,'' IPEC seeks written submissions from the public regarding existing and emerging threats to the protection of intellectual property rights and the identification of threats to public health and safety and the U.S. economy resulting from intellectual property infringement. In the third section titled ``Optional Questions,'' IPEC seeks written submissions from the public to assist IPEC and agencies in the development of specific action items. Responses to this request for comments may be directed to either, or both, of the two sections described above. This request for comments was previously published in the Federal Register on June 26, 2012 (77 FR 38088). This notice extends the period for public comments to August 10, 2012.
Improving Contracting Officers' Access to Relevant Integrity Information
Document Number: 2012-17262
Type: Notice
Date: 2012-07-18
Agency: Management and Budget Office, Executive Office of the President, Office of Federal Procurement Policy
The Office of Federal Procurement Policy is publishing this notice to advise the public that it has developed a Request for Comment to invite comment from the public on whether changes to current regulations and other guidance might improve contracting officers' access to relevant information about contractor business ethics in the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is designed to facilitate the Government's ability to evaluate the business ethics of prospective contractors and protect the Government from awarding contracts to contractors that are not responsible sources.
Development of the Joint Strategic Plan on Intellectual Property Enforcement; Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments
Document Number: 2012-15477
Type: Notice
Date: 2012-06-26
Agency: Management and Budget Office, Executive Office of the President
The Federal Government is starting the process of developing a new Joint Strategic Plan on Intellectual Property Enforcement. By committing to common goals, the U.S. Government will more effectively and efficiently combat intellectual property infringement. In this request for comments, the U.S. Government, through the Office of the U.S. Intellectual Property Enforcement Coordinator (``IPEC''), invites public input and participation in shaping the Administration's intellectual property enforcement strategy. The Office of the U.S. Intellectual Property Enforcement Coordinator was established within the Executive Office of the President pursuant to the Prioritizing Resources and Organization for Intellectual Property Act of 2008, Public Law 110-403 (Oct. 13, 2008) (the ``PRO IP Act''). Pursuant to the PRO IP Act, IPEC is charged with developing the Administration's Joint Strategic Plan on Intellectual Property Enforcement for submission to Congress every three years. In carrying out this mandate, IPEC chairs an interagency intellectual property enforcement advisory committee comprised of Federal departmental and agency heads whose respective departments and agencies are involved in intellectual property enforcement. This request for comments and recommendations as IPEC develops a new enforcement strategy is divided into three parts. In the first section titled ``Strategy Recommendations,'' IPEC requests detailed recommendations from the public regarding specific recommendations for improving the U.S. Government's intellectual property enforcement efforts. In the second section titled ``Threat Assessment,'' IPEC seeks written submissions from the public regarding existing and emerging threats to the protection of intellectual property rights and the identification of threats to public health and safety and the U.S. economy resulting from intellectual property infringement. In the third section titled ``Optional Questions,'' IPEC seeks written submissions from the public to assist IPEC and agencies in the development of specific action items. Responses to this request for comments may be directed to either, or both, of the two sections described above.
Value Engineering
Document Number: 2012-13903
Type: Notice
Date: 2012-06-08
Agency: Management and Budget Office, Executive Office of the President, Office of Federal Procurement Policy
The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) is proposing to revise OMB Circular A- 131, Value Engineering, to update and reinforce policies associated with the consideration and use of Value Engineering (VE). VE is an effective technique for cutting waste and inefficiencyhelping Federal agencies save billions of dollars in program and acquisition costs, improve performance, enhance quality, and foster the use of innovation. The proposed revisions are designed to ensure that the Federal Government has the capabilities and tools to consider and apply VE techniques to the maximum extent appropriate.
Determination of Benchmark Compensation Amount for Certain Executives
Document Number: 2012-9747
Type: Notice
Date: 2012-04-23
Agency: Management and Budget Office, Executive Office of the President, Office of Federal Procurement Policy
The Office of Management and Budget is publishing the attached memorandum to the Heads of Executive Departments and Agencies announcing that $763,029 is the ``benchmark compensation amount'' for certain executives in terms of costs allowable under Federal Government contracts during contractors' fiscal year 2011. This determination is required under Section 39 of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 1127; formerly, 41 U.S.C. 435). The benchmark compensation amount applies to both defense and civilian agencies.
Draft 2012 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local and Tribal Entities
Document Number: 2012-8533
Type: Notice
Date: 2012-04-12
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) requests comments on its Draft 2012 Report to Congress on the Benefits and Costs of Federal Regulations, available at: http://www.whitehouse.gov/omb/inforeg_ regpol_reports_congress/. The Draft Report is divided into four chapters. Chapter I examines the benefits and costs of major Federal regulations issued in Fiscal Year 2011 and summarizes the benefits and costs of major regulations issued between October 2001 and September 2011. It also discusses regulatory impacts on State, local, and tribal governments, small business, wages, and economic growth. Chapter II offers recommendations for regulatory reform. Chapter III provides an update on implementation of the Information Quality Act. Chapter IV summarizes agency compliance with the Unfunded Mandates Reform Act. OMB requests that comments be submitted electronically to OMB within 60 days from the date of notice publication in the Federal Register through www.regulations.gov.
Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities
Document Number: 2012-7602
Type: Notice
Date: 2012-03-30
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) invites interested parties to provide input on current issues regarding Federal agencies' standards and conformity assessment related activities. Input is being sought to inform OMB's consideration of whether and how to supplement Circular A-119 (Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities). In addition, OMB is announcing a public workshop at the Department of Commerce's National Institute of Standards and Technology (NIST) on May 15, 2012. A complementary NIST workshop, ``Conformity Assessment: Approaches and Best Practices,'' will take place on April 11, 2012 to seek input from individuals on the planned update of Guidance on Federal Conformity Assessment Activities, issued by NIST in 2000. The NIST workshop was announced separately by NIST at http://www.nist.gov/ director/sco/ca-workshop-2012.cfm (see also 77 FR 15719; March 16, 2012).
Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles And Administrative Requirements (Including Single Audit Act)
Document Number: 2012-7056
Type: Proposed Rule
Date: 2012-03-26
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) is extending the comment period for the Advance Notice of Proposed Guidance on Reform of Federal Policies Relating to Grants and Cooperative Agreements; cost principles and administrative requirements (including Single Audit Act). The original comment period was scheduled to end on March 29, 2012. With this document, OMB is extending the time period in which to provide public comments until April 30, 2012. This will allow interested parties additional time to analyze the issues and prepare their comments.
Compliance Assistance Resources and Points of Contact Available to Small Businesses
Document Number: 2012-5196
Type: Notice
Date: 2012-03-06
Agency: Management and Budget Office, Executive Office of the President
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.sba.gov/sbpra.
Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles and Administrative Requirements (Including Single Audit Act)
Document Number: 2012-4521
Type: Proposed Rule
Date: 2012-02-28
Agency: Management and Budget Office, Executive Office of the President
In his November 23, 2009, Executive Order 13520 on Reducing Improper Payments and his February 28, 2011, Presidential Memorandum on Administrative Flexibility, Lower Costs, and Better Results for State, Local, and Tribal Governments, the President directed the Office of Management and Budget (OMB) to work with Executive Branch agencies; state, local, and tribal governments; and other key stakeholders to evaluate potential reforms to Federal grants policies. Consistent with the Administration's commitment to increasing the effectiveness and efficiency of Federal programs, the reform effort seeks to strengthen the oversight of Federal grant dollars by aligning existing administrative requirements to better address ongoing and emerging risks to program outcomes and integrity. The reform effort further seeks to increase efficiency and effectiveness of grant programs by eliminating unnecessary and duplicative requirements. Through close and sustained collaboration with Federal and non-Federal partners, OMB has developed a series of reform ideas that would standardize information collections across agencies, adopt a risk-based model for Single Audits, and provide new administrative approaches for determining and monitoring the allocation of Federal funds.
Policy Letter 11-01, Performance of Inherently Governmental and Critical Functions
Document Number: 2012-3190
Type: Notice
Date: 2012-02-13
Agency: Management and Budget Office, Executive Office of the President, Office of Federal Procurement Policy
The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) is making a correction to the Final Policy Letter ``Performance of Inherently Governmental and Critical Functions'' (76 FR 56227-56242, September 12, 2011) to clarify that the Policy Letter applies to both Civilian and Defense Executive Branch Departments and Agencies. The original publication of the policy letter was inadvertently addressed only to the Heads of The Civilian Executive Departments and Agencies. Also, OFPP has corrected the citation for additional guidance about conduct of Federally Funded Research and Development Centers (FFRDCs), because the original notice referenced an incorrect Part of the Federal Acquisition Regulation. The corrections below should be used in place of text previously published in the September 12, 2011 notice. All other information from the published Final Policy remains unchanged. The full text of the original notice is available at http://www.gpo.gov/fdsys/pkg/FR-2011-09-12/pdf/2011- 23165.pdf.
2011 Statutory Pay-As-You-Go Act Annual Report
Document Number: 2012-1871
Type: Notice
Date: 2012-02-08
Agency: Management and Budget Office, Executive Office of the President
Discount Rates for Cost-Effectiveness Analysis of Federal Programs
Document Number: 2012-308
Type: Notice
Date: 2012-01-11
Agency: Management and Budget Office, Executive Office of the President
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.