Management and Budget Office 2014 – Federal Register Recent Federal Regulation Documents

Federal Awarding Agency Regulatory Implementation of Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Document Number: 2014-28697
Type: Rule
Date: 2014-12-19
Agency: Agency for International Development, Agencies and Commissions, Department of the Interior, Department of Justice, Department of Labor, National Aeronautics and Space Administration, National Archives and Records Administration, National Science Foundation, Small Business Administration, Social Security Administration, Department of State, Department of Transportation, Department of Treasury, Department of Veterans Affairs, National Institute of Food and Agriculture, National Endowment for the Arts, Office of the Chief Financial Officer, National Endowment for the Humanities, Institute of Museum and Library Services, Department of Housing and Urban Development, Department of Homeland Security, Department of Agriculture, Commodity Credit Corporation, Farm Service Agency, Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service, Department of Commerce, Corporation for National and Community Service, Department of Defense, Department of Education, Department of Energy, Environmental Protection Agency, Executive Office of the President, Management and Budget Office, National Drug Control Policy Office, Federal Emergency Management Agency, Department of Health and Human Services
This joint interim final rule implements for all Federal award-making agencies the final guidance Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) published by the Office of Management and Budget (OMB) on December 26, 2013. This rule is necessary in order to incorporate into regulation and thus bring into effect the Uniform Guidance as required by OMB. Implementation of this guidance will reduce administrative burden and risk of waste, fraud, and abuse for the approximately $600 billion per year awarded in Federal financial assistance. The result will be more Federal dollars reprogrammed to support the mission, new entities able to compete and win awards, and ultimately a stronger framework to provide key services to American citizens and support the basic research that underpins the United States economy.
Statistical Policy Directive No. 1: Fundamental Responsibilities of Federal Statistical Agencies and Recognized Statistical Units
Document Number: 2014-28326
Type: Notice
Date: 2014-12-02
Agency: Management and Budget Office, Executive Office of the President
Under 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 issuing Statistical Policy Directive No. 1, Fundamental Responsibilities of Federal Statistical Agencies and Recognized Statistical Units. This Directive affirms the fundamental responsibilities of Federal statistical agencies and recognized statistical units in the design, collection, processing, editing, compilation, storage, analysis, release, and dissemination of statistical information. On May 21, 2014, OMB published a Notice of solicitation of comments on a draft of this Directive in the Federal Register (79 FR 29308, May 21, 2014). Eight respondents sent comments in regard to the notice. Careful consideration was given to all comments. The disposition of the comments as well as the final Directive are presented in the SUPPLEMENTARY INFORMATION section below. In its role as coordinator of the Federal statistical system under the Paperwork Reduction Act, OMB, among other responsibilities, is required to ensure the efficiency and effectiveness of the system as well as the integrity, objectivity, impartiality, utility, and confidentiality of information collected for statistical purposes. OMB is also charged with developing and overseeing the implementation of Government-wide principles, policies, standards, and guidelines concerning the development, presentation, and dissemination of statistical information. The Information Quality Act (Pub. L. 106-554, Division C, title V, Sec. 515, Dec. 21, 2000; 114 Stat. 2763A-153 to 2763A-154) requires OMB, as well as all other Federal agencies, to maximize the objectivity, utility, and integrity of information, including statistical information, provided to the public. To operate efficiently and effectively, the Nation relies on the flow of objective, credible statistics to support the decisions of individuals, households, governments, businesses, and other organizations. Any loss of trust in the accuracy, objectivity, or integrity of the Federal statistical system and its products causes uncertainty about the validity of measures the Nation uses to monitor and assess its performance, progress, and needs by undermining the public's confidence in the information released by the Government. Although the Federal Government has taken a number of legislative and executive actions, informed by national and international practice, to maintain public confidence in Federal statistics, the actual implementation in the form of standards and practices can involve a wide range of managerial and technical challenges. Therefore, to support the quality and objectivity of Federal statistical information, OMB is issuing a new Statistical Policy Directive to affirm the long-acknowledged, fundamental responsibilities of Federal statistical agencies and recognized statistical units in the design, collection, processing, editing, compilation, storage, analysis, release, and dissemination of statistical information. Additional discussion of the Directive, together with the Directive itself, may be found in the SUPPLEMENTARY INFORMATION section below.
Calendar Year 2014 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
Document Number: 2014-27208
Type: Notice
Date: 2014-11-18
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, 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 CY14 Outpatient Medical, Dental, and Cosmetic Surgery rates referenced are effective upon publication of this notice in the Federal Register and will remain in effect until further notice. Previously published inpatient rates 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: http://www.tricare.mil/ocfo/mcfs/ubo/mhs_rates.cfm.
Report on Alternative Measures of Allowable Reimbursement for Compensation of Contractor Employees
Document Number: 2014-22005
Type: Notice
Date: 2014-09-16
Agency: Department of Defense, Management and Budget Office, Executive Office of the President
The Office of Federal Procurement Policy (OFPP), in the Office of Management and Budget (OMB), and the Department of Defense (DOD) seek public input for consideration in the development of a report to Congress on alternative measures of allowable reimbursement for the compensation of contractor employees. The report is required by section 702(e) of the Bipartisan Budget Act of 2013 (Pub. L. 113-67; enacted Dec 26, 2013).
OMB Sequestration Update Report to the President and Congress for Fiscal Year 2015
Document Number: 2014-20327
Type: Notice
Date: 2014-08-27
Agency: Management and Budget Office, Executive Office of the President
OMB is issuing the OMB Sequestration Update Report to the President and Congress for FY 2015 to report on the status of the discretionary caps and on the compliance of pending discretionary appropriations legislation with those caps. The report finds that if the current limits remain unchanged, under OMB's estimates Senate action to date for the 12 annual appropriations bills for fiscal year 2015 would result in a sequestration of approximately $34 million in discretionary programs in the defense category. The report also finds that actions by the House of Representatives for both the defense and non-defense categories and actions by the Senate for the non-defense category are in compliance with the current 2015 spending limits and that present House and Senate action on pending 2014 supplemental appropriations would not breach the current 2014 limits. Finally, the report also contains OMB's Preview Estimate of the Disaster Relief Funding Adjustment for FY 2015.
Request for Comments on Digital Services Playbook and TechFAR Handbook
Document Number: 2014-19805
Type: Notice
Date: 2014-08-21
Agency: Management and Budget Office, Executive Office of the President
OSTP and OMB's Offices of Federal Procurement Policy (OFPP) and E-Government & Information Technology (E-Gov) are seeking public comment on two documents, the Digital Services Playbook and the TechFAR Handbook, which were developed to improve the delivery of digital services by the Federal Government.
Revised Guidance on Appointment of Lobbyists to Federal Advisory Committees, Boards, and Commissions
Document Number: 2014-19140
Type: Notice
Date: 2014-08-13
Agency: Management and Budget Office, Executive Office of the President
On June 18, 2010, President Obama issued ``Lobbyists on Agency Boards and Commissions,'' a memorandum directing agencies and departments in the Executive Branch not to appoint or re-appoint federally registered lobbyists to advisory committees and other boards and commissions. The Presidential Memorandum further directed the Director of the Office of Management and Budget (OMB) to ``issue proposed guidance designed to implement this policy to the full extent permitted by law.'' The Presidential Memorandum is available at http:// www.whitehouse.gov/the-press-office/presidential-memorandum-l obbyists- agency-boards-and-commissions. OMB posted proposed guidance on November 2, 2010, and published final guidance on October 5, 2011. See 76 FR 61756. OMB is now issuing revised guidance regarding the prohibition against appointing or re-appointing federally registered lobbyists to clarify that the ban applies to persons serving on advisory committees, boards, and commissions in their individual capacity and does not apply if they are specifically appointed to represent the interests of a nongovernmental entity, a recognizable group of persons or nongovernmental entities (an industry sector, labor unions, environmental groups, etc.), or state or local governments.
2017 North American Industry Classification System (NAICS) Revision
Document Number: 2014-18766
Type: Notice
Date: 2014-08-08
Agency: Management and Budget Office, Executive Office of the President
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 announcing that the Factoryless Goods Producer (FGP) recommendation will not be implemented in the 2017 NAICS revision. The August 17, 2011, Federal Register notice (76 FR 51240-51243) announcing OMB's final decisions for NAICS 2012 required Federal statistical agencies to implement the FGP classification beginning no later than 2017. However, the Economic Classification Policy Committee (ECPC), which advises OMB on periodic revisions to NAICS, recently reported to OMB that results of preliminary research on the effectiveness of survey questions designed to identify Factoryless Goods Producers (FGP) shows inconsistent results. These results indicate that questions tested in the 2012 Economic Census fail to yield responses that provide accurate and reliable identification and classification of FGPs. The ECPC has advised that additional research, testing, and evaluation are required to find a method for accurate identification and classification of FGPs, and that this process could take several years. Given these initial research results and the large number of public comments submitted on the topic of FGPs, OMB here announces that the FGP recommendation will not be implemented in 2017. OMB is taking this action now in order to give the affected agencies notice that the directive of the August 17, 2011, Federal Register notice (76 FR 51240- 51243) is no longer in force. Without the deadline imposed by the 2017 NAICS revisions, the relevant statistical agencies will now have the opportunity to complete the additional research, testing, and evaluation needed to determine the feasibility of developing methods for the consistent identification and classification of FGPs that are accurate and reliable. This process will also be informed by questions raised in public comments. Results of this research, testing, and evaluation could lead to a different FGP proposal for consideration or implementation. More information about this announcement may be found in the SUPPLEMENTARY INFORMATION section below.
Draft 2014 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities
Document Number: 2014-15535
Type: Notice
Date: 2014-07-02
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) requests comments on its Draft 2014 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 two parts. Part I contains two chapters. Chapter I examines the benefits and costs of major Federal regulations issued in fiscal year 2013 and summarizes the benefits and costs of major regulations issued between October 2003 and September 2013. It also discusses regulatory impacts on State, local, and tribal governments, small business, wages, and economic growth. Chapter II offers recommendations for regulatory reform. Part II summarizes agency compliance with the Unfunded Mandates Reform Act. OMB requests that comments be submitted electronically to OMB by September 2, 2014 through www.regulations.gov.
Fiscal Year 2014 Cost of Hospital and Medical Care Treatment Furnished by the Department of Defense Medical Treatment Facilities; Certain Rates Regarding Recovery From Tortiously Liable Third Persons
Document Number: 2014-13687
Type: Notice
Date: 2014-06-12
Agency: Management and Budget Office, Executive Office of the President
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 FY14 inpatient medical rates referenced are effective upon publication of this notice in the Federal Register and will remain in effect until further notice. Previously published outpatient medical and dental, and cosmetic surgery rates remain in effect until further notice. Pharmacy rates are updated periodically. A full disclosure of the rates is posted on DoD's Uniform Business Office Web site: http:// www.tricare.mil/ocfo/mcfs/ubo/mhs_rates.cfm.
2012 North American Industry Classification System (NAICS)-Updates for 2017
Document Number: 2014-11914
Type: Notice
Date: 2014-05-22
Agency: Management and Budget Office, Executive Office of the President
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), through its Economic Classification Policy Committee (ECPC), is soliciting proposals from the public for changes to the structure and content of the North American Industry Classification System (NAICS) for inclusion in a potential 2017 revision. There are six parts in the SUPPLEMENTARY INFORMATION section below. Part I provides background on NAICS. Part II includes a solicitation of proposals for new and emerging industries. Part III solicits public comments on electronic dissemination of the potential revision of NAICS for 2017. Part IV solicits public comments on updating the structure of the oil and gas industries in NAICS 2012. Part V provides an update on the classification of manufacturing units that outsource. Part VI presents notification of a method to publicize corrections for errors and omissions that are identified in NAICS. In soliciting comments about revising NAICS, the ECPC does not intend to open the entire classification for substantial change in 2017. The ECPC will consider public comments and proposals for changes or modifications that advance the goals of NAICS as outlined in Part I of the SUPPLEMENTARY INFORMATION section below. The ECPC is also seeking and will consider comments related to consistent classification in an era of greater specialization and globalization.
Standard Occupational Classification (SOC)-Revision for 2018; Notice
Document Number: 2014-11913
Type: Notice
Date: 2014-05-22
Agency: Management and Budget Office, Executive Office of the President
Under 31 U.S.C. 1104(d) and 44 U.S.C. 3504(e), the Office of Management and Budget (OMB) announces the review of the 2010 Standard Occupational Classification (SOC) Manual for possible revision in 2018 and solicits public comment on: the proposed revision of the 2010 SOC Classification Principles; the intention to retain the 2010 SOC Coding Guidelines; the intention to retain the 2010 SOC Major Group Structure; the correction, change, or combination of selected 2010 SOC detailed occupations, and inclusion of new detailed occupations. This review and possible revision of the 2010 SOC is intended to be completed by the end of 2016 and then released to begin use in reference year 2018. Details about these topics are available in the SUPPLEMENTARY INFORMATION section below.
Audits of States, Local Governments, and Non-Profit Organizations; OMB Circular A-133 Compliance Supplement
Document Number: 2014-11804
Type: Notice
Date: 2014-05-22
Agency: Management and Budget Office, Executive Office of the President
This notice announces the availability of the 2014 OMB Circular A-133 Compliance Supplement (Supplement). The notice also offers interested parties an opportunity to comment on the 2014 Supplement. The 2014 Supplement adds five new programs, which are added to existing clusters. It deletes 17 programs and has also been updated for program changes and technical corrections. The five added programs are:
Statistical Policy Directive: Fundamental Responsibilities of Federal Statistical Agencies and Recognized Statistical Units
Document Number: 2014-11735
Type: Notice
Date: 2014-05-21
Agency: Management and Budget Office, Executive Office of the President
Under 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) issues for comment a proposed new Statistical Policy Directive. This Directive affirms the fundamental responsibilities of Federal statistical agencies and recognized statistical units in the design, collection, processing, editing, compilation, analysis, release, and dissemination of statistical information. In its role as coordinator of the Federal statistical system under the Paperwork Reduction Act, OMB, among other responsibilities, is required to ensure the efficiency and effectiveness of the system as well as the integrity, objectivity, impartiality, utility, and confidentiality of information collected for statistical purposes. OMB is also charged with developing and overseeing the implementation of Government-wide principles, policies, standards, and guidelines concerning the development, presentation, and dissemination of statistical information. The Information Quality Act (Pub. L. 106-554, Division C, title V, Sec. 515, Dec. 21, 2000; 114 Stat. 2763A-153 to 2763A-154) requires OMB, as well as all other Federal agencies, to maximize the objectivity, utility, and integrity of information, including statistical information, provided to the public. To operate efficiently and effectively, the Nation relies on the flow of objective, credible statistics to support the decisions of governments, businesses, individuals, households, and other organizations. Any loss of trust in the accuracy, objectivity, or integrity of the Federal statistical system and its products causes uncertainty about the validity of measures the Nation uses to monitor and assess its performance, progress, and needs by undermining the public's confidence in the information released by the Government. To support the quality and objectivity of Federal statistical information, OMB is issuing for comment a proposed new Statistical Policy Directive to affirm the long-acknowledged, fundamental responsibilities of Federal statistical agencies and recognized statistical units in the design, collection, processing, editing, compilation, analysis, release, and dissemination of statistical information. Additional discussion of the proposed Directive, together with the draft Directive itself, may be found in the SUPPLEMENTARY INFORMATION section below.
Discount Rates for Cost-Effectiveness Analysis of Federal Programs
Document Number: 2014-03161
Type: Notice
Date: 2014-02-18
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.
OMB Final Sequestration Report to the President and Congress for Fiscal Year 2014
Document Number: 2014-03207
Type: Notice
Date: 2014-02-13
Agency: Management and Budget Office, Executive Office of the President
OMB is issuing its Final Sequestration Report to the President and Congress for FY 2014 to report on compliance of enacted 2014 discretionary appropriations legislation with the discretionary caps. The report finds that enacted appropriations are within the current law defense and non-defense discretionary limits for 2014; therefore, a sequestration of discretionary budget authority is not required.
Request for Comments on a Proposed Revision of OMB Circular No. A-119, “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities”
Document Number: 2014-02891
Type: Notice
Date: 2014-02-11
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) request comments on proposed revisions to Circular A-119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities'' (hereinafter, Circular A-119, or, the Circular) in light of changes that have taken place in the world of regulation, standards, and conformity assessment since the Circular was last revised in 1998. These materials are available at http:// www.whitehouse.gov/omb/inforeginfopoltech. The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113; hereinafter known as the NTTAA) codified pre-existing policies on the development and use of voluntary consensus standards in Circular A-119, established additional reporting requirements for agencies, and authorized the National Institute of Standards and Technology (NIST) to coordinate conformity assessment activities. In response, OMB in 1998 issued a revised version of Circular A-119, which remains the current version. In this notice, OMB is seeking public comment on proposed revisions to the Circular. These proposed revisions reflect the experience gained by U. S. agencies in implementing the Circular since 1998; domestic and international developments in regulatory, standards, and conformity assessment policy; concluding and implementing U.S. trade agreements; and comments received in response to OMB's March 2012 Request for Information on whether and how to supplement Circular A-119. The proposed revision to Circular A-119 includes the following elements: Preference for voluntary consensus standards. The revised Circular would maintain a strong preference for using voluntary consensus standards in Federal regulation and procurement. It would also acknowledge, however, that there may be some standards not developed using a consensus-driven process that are in use in the market particularly in the information technology spaceand that may be relevant (and necessary) in meeting agency missions and priorities. Guidance on use of standards and participation in standards development. The revised Circular would provide more detailed guidance on how Federal representatives should participate in standards development activities. It would also strengthen the role of agency Standards Executives, encourage better internal coordination and training on standards, and update the provisions on how the U.S. Government manages and reports on the development and use of standards. The Circular would also provide criteria for agencies to consider when examining whether a standard meets agency needs and should be adopted. Guidance on conformity assessment. The revised Circular would encourage agencies to consider international conformity assessment schemes and private sector conformity assessment activities in lieu of conformity assessment activities or schemes developed or carried out by the government, and set out criteria for agencies to consider when they are selecting or designing an appropriate conformity assessment procedure. Enhanced transparency. The proposed revisions would provide guidance to agencies on how they should discuss implementation of the Circular in their rulemakings and guidance documents; encourage agencies to alert the public when considering whether to participate in standards development activities; and set out factors for agencies to consider when incorporating standards by reference in regulation. Burden reduction. The proposed revisions would require agencies to utilize the retrospective review mechanism set out in Executive Orders 13563 and 13610 to implement the Circular, including ensuring that standards incorporated by reference in regulation are updated on a timely basis. The revisions also encourage agencies to work together to reference the same version of a standard in regulation and procurements and coordinate on conformity assessment requirements, where feasible. International considerations. The proposed revisions incorporate references to trade-related statutory obligations on standards-related measures and direct Federal agencies to consult with USTR on how to comply with international obligations with regard to standards and conformity assessment. They provide guidance on how to identify such obligations, direct agencies to take into account their obligations under Executive Order 13609 when they engage in standards and conformity assessment activities, and encourage greater coordination with respect to the Government's formulation of global strategies on standards, regulation, and international trade.
2013 Statutory Pay-as-You-Go Act Annual Report
Document Number: 2014-01805
Type: Notice
Date: 2014-01-30
Agency: Management and Budget Office, Executive Office of the President
This report is being published as required by the Statutory Pay-As-You-Go (PAYGO) Act of 2010, 2 U.S.C. 931 et seq. The Act requires that OMB issue (1) an annual report as specified in 2 U.S.C. 934(a) and (2) a sequestration order, if necessary.
Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order No. 12866
Document Number: 2014-01605
Type: Notice
Date: 2014-01-27
Agency: Management and Budget Office, Executive Office of the President
On November 26, 2013, the Office of Management and Budget (OMB) invited public comments on the Technical Support Document entitled Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866. That request may be found at 78 FR 70586. This notice extends the public comment period for another 30 days. OMB requests that comments be submitted electronically to OMB by February 26, 2014 through www.regulations.gov.
Fiscal Year (FY) 2013 and (FY) 2014 List of Designated Federal Entities and Federal Entities
Document Number: 2014-00210
Type: Notice
Date: 2014-01-10
Agency: Management and Budget Office, Executive Office of the President
As required by Section 8G of the Inspector General Act of 1978, as amended (IG Act; 5 U.S.C. Appendix), this notice provides the FY 2013 and FY 2014 list of Designated Federal Entities and Federal Entities.