Management and Budget Office 2023 – Federal Register Recent Federal Regulation Documents
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Discount Rates for Cost-Effectiveness Analysis of Federal Programs
Office of Management and Budget (OMB) Circular No. A-94 specifies certain discount rates to be updated annually when the interest rate and inflation assumptions used to prepare the Budget of the United States Government are changed. These updated discount rates are found in Appendix C of the Circular and are to be used for cost- effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. These rates do not apply to regulatory analysis. The revised Appendix C of Circular No. A-94 can be accessed at https://www.whitehouse.gov/wp-content/uploads/2023/12/Circula rA- 94AppendixC.pdf.
Privacy Act and Freedom of Information Act Regulations
The Office of Management and Budget (OMB) seeks public comment on a proposed rule that would revise OMB's regulations implementing the Privacy Act and the Freedom of Information Act (FOIA). These revisions would update OMB's regulations to reflect changes in OMB's current organizational structure and best practices. The proposed amendments would also ensure consistency between the access to records procedures in OMB's Privacy Act regulations and OMB's FOIA regulations; and with applicable law and policies that were enacted after OMB originally issued its Privacy Act regulations in 1976. The proposed revisions would also align OMB's regulations with those of other agencies.
Request for Comments on Updated Guidance for Modernizing the Federal Risk Authorization Management Program (FedRAMP); Extension of Public Comment Period
On October 27, 2023, the Office of Management and Budget (OMB) published a notice entitled ``Request for Comments on Updated Guidance for Modernizing the Federal Risk Authorization Management Program (FedRAMP).'' OMB is extending the public comment period announced in that notice, which currently closes on November 27, 2023, by 26 days. The comment period will now remain open until December 22, 2023, to allow additional time for the public to review and comment on the initial proposals.
Acquisition Data Management
The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) is proposing a new OMB Circular, Strategic Management of Acquisition Data and Information. The purpose of this Circular is to improve agency access to reliable data and information. Using relevant acquisition data throughout the acquisition lifecycle facilitates successful contracting outcomes. This Circular establishes a centralized data management strategy to create robust knowledge and data banks, develop standard data sharing processes, and improve agency access to tools and resources for acquisition-related decision-making.
Issuance of Revised OMB Circular No. A-4, “Regulatory Analysis”
The Office of Management and Budget (OMB) is announcing the issuance of the revised Circular A-4, ``Regulatory Analysis.''
Issuance of Revised OMB Circular No. A-94, “Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs”
The Office of Management and Budget (OMB) is announcing the issuance of the revised Circular A-94, ``Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs.''
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 and Office of Management and Budget Circular No. A-108, Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act, notice is hereby given that the Office of Management and Budget (OMB) is establishing the following new system of records: ``OMB Freedom of Information Act and Privacy Act Requests System of Records, OMB/FOIAPA/ 01.'' This system covers all information pertaining to Freedom of Information (FOIA) or Privacy Act requests and information relating to other agencies' FOIA or Privacy Act requests received through the National FOIA Portal (www.foia.gov), email, hardcopy communications, and other authorized means, including OMB's FOIA and Privacy Act tracking, management, reporting, and e-Discovery software and tools. This system also covers information pertaining to any administrative appeals or litigation relating to FOIA or Privacy Act requests to OMB or to another agency.
Request for Comments on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence Draft Memorandum
The Office of Management and Budget (OMB) is seeking public comment on a draft memorandum titled Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (AI). As proposed, the memorandum would establish new agency requirements in areas of AI governance, innovation, and risk management, and would direct agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public. The full text of the draft memorandum is available for review at https:// www.ai.gov/input and https://www.regulations.gov.
Draft Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance With the Unfunded Mandates Reform Act
The Office of Management and Budget (OMB) requests comments on its Draft Report to Congress on the Benefits and Costs of Federal Regulations and Agency Compliance with the Unfunded Mandates Reform Act, available at: https://www.whitehouse.gov/omb/information- regulatory-affairs/reports/. The Draft Report is divided into two parts, the first of which is further divided into several chapters. Part I's Chapter I examines the benefits and costs of major Federal regulations issued in fiscal years 2020, 2021 and 2022. Chapter II discusses regulatory impacts on State, Local, and tribal governments, small business, wages and employment, and economic growth. Chapter III 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 December 15, 2023, through www.regulations.gov using Docket ID OMB-2023-0019.
Request for Comments on Updated Guidance for Modernizing the Federal Risk Authorization Management Program (FedRAMP)
The Office of Management and Budget (OMB) is seeking public comment on a proposed memorandum titled, Modernizing the Federal Risk Authorization Management Program (FedRAMP).
Guidance for Grants and Agreements
The Office of Management and Budget (OMB) is proposing to revise sections of OMB Guidance for Grants and Agreements. This proposed revision reflects comments received from Federal agencies and those received in response to the OMB Notice of Request for Information published in the Federal Register in February 2023. In response to Federal agency and public input, OMB is proposing revisions intended in many cases to reduce agency and recipient burden. OMB proposes both policy changes and clarifications to existing guidance including plain language revisions. OMB also proposes to update the guidance to reflect recent OMB priorities related to Federal financial assistance. Finally, OMB is proposing revisions to improve Federal financial assistance management, transparency, and oversight through more accessible and readily comprehensible guidance.
Statistical Policy Directive No. 3: Compilation, Release, and Evaluation of Principal Federal Economic Indicators-Proposal To Change Timing of Public Comments by Employees of the Executive Branch
The Office of Management and Budget (OMB) issues a request for public comments on a proposal to modify one provision within Statistical Policy Directive No. 3: Compilation, Release, and Evaluation of Principal Federal Economic Indicators (Directive No. 3). The procedures in Directive No. 3, published in 1985, were designed to ensure equitable, policy-neutral, and timely release and dissemination of Principal Federal Economic Indicators (PFEIs). The goals of Directive No. 3 remain sound; this Notice proposes updates to procedures consistent with these goals to reflect advances in communication technologies and methods. In particular, OMB proposes to modify the provision, ``employees of the Executive Branch shall not comment publicly on the data until at least one hour after the official release time,'' by replacing ``one hour'' with ``thirty minutes.'' This proposed change would reduce the delay after official release time before commentary from employees of the Executive Branch. Additional discussion of the request for public comment may be found in the SUPPLEMENTARY INFORMATION section below.
Guidance for Grants and Agreements
The Office of Management and Budget is revising the OMB Guidance for Grants and Agreements. The revisions are limited in scope to support implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act and to clarify existing provisions related to domestic preferences. These revisions provide further guidance on implementing the statutory requirements and improve Federal financial assistance management and transparency.
OMB Sequestration Update Report to the President and Congress for Fiscal Year 2024
OMB is issuing the OMB Sequestration Update Report to the President and Congress for Fiscal Year 2024 to report on the status of the discretionary spending limits and on the compliance of pending discretionary appropriations legislation with those limits.
Fundamental Responsibilities of Recognized Statistical Agencies and Units
Public trust in Federal statistics is essential to their value and use in informing decisions across public and private sectors. To promote public trust in the statistical agencies and units that produce Federal statistics, the Office of Management and Budget proposes to issue regulations pursuant to Title III of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act) that provide direction to statistical agencies and units. These proposed regulations also would provide direction to other Federal agencies to enable, support, and facilitate statistical agencies and units in carrying out four fundamental responsibilities: produce and disseminate relevant and timely statistical information, conduct credible and accurate statistical activities, conduct objective statistical activities, and ensure the confidentiality and exclusive statistical use of data collected for statistical purposes.
Request for Comments on Proposed Guidance for Assessing Changes in Environmental and Ecosystem Services in Benefit-Cost Analysis
The Office of Management and Budget (OMB) is requesting comments on proposed guidance for assessing changes in environmental and ecosystem services in benefit-cost analysis.
Proposed OMB Circular No. A-4 Modernization-Extension of Public Comment Period
On April 7, 2023, the Office of Management and Budget (OMB) published a notice entitled ``Request for Comments on Proposed OMB Circular No. A-4, `Regulatory Analysis.''' OMB is extending the public comment period announced in that notice, which currently closes on June 6, 2023, by 14 days. The comment period will now remain open until June 20, 2023, to allow additional time for the public to review and comment on the initial proposals.
Request for Nominations of Experts to Peer-Review Draft Guidance on Valuing Ecosystem Services in Federal Benefit-Cost Analyses
The Office of Management and Budget (OMB) will propose draft guidance called Guidance for Assessing Changes in Environmental and Ecosystem Services in Benefit-Cost Analysis. This notice requests public nominations of experts to participate in an independent scientific peer review of this forthcoming proposed Guidance.
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
This document announces the availability of the 2023 Compliance Supplement (2023 Supplement) 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 2023 Supplement.
Executive Order 14081 Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy-Request for Information; National Biotechnology and Biomanufacturing Initiative-Measuring the Bioeconomy
The Chief Statistician of the United States (CSOTUS) in the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs, was charged in the Executive Order (E.O. 14081), ``Advancing Biotechnology and Biomanufacturing Innovation for a Sustainable, Safe, and Secure American Bioeconomy,'' with improving and enhancing Federal statistical data collection designed to characterize and measure the economic value of the U.S. bioeconomy. The CSOTUS was also charged with establishing an Interagency Technical Working Group to recommend bioeconomy-related revisions for the North American Industry Classification System (NAICS) and the North American Product Classification System (NAPCS).\1\ The bioeconomy refers to a segment of the total economy utilizing or derived from biological resources, and includes manufacturing processes, technologies, products and services. These may encompass, wholly or in part, industries and products including fuel, food, medicine, chemicals, and technology. This Federal Register Notice (FRN) is a Request for Information (RFI) seeking public input on existing or potential bioeconomy-related industries and products that are established, emerging, or currently embedded in existing industry/manufacturing processes.
Initial Proposals for Updating OMB's Race and Ethnicity Statistical Standards-Extension of Public Comment Period
On January 27, 2023, the Office of Management and Budget (OMB) published a notice and request for comments entitled ``Initial Proposals for Updating OMB's Race and Ethnicity Statistical Standards.'' OMB is extending the public comment period announced in that notice, which currently closes on April 12, 2023, by 15 days. The comment period will now remain open until April 27, 2023, to allow additional time for the public to review and comment on the initial proposals.
Request for Comments on Proposed OMB Circular No. A-4, “Regulatory Analysis”
The Office of Management and Budget (OMB) is requesting comments on proposed Circular A-4, ``Regulatory Analysis.''
Public Comment on Guidelines and Discount Rates for Benefit-Cost Analysis of Federal Programs
OMB is proposing revisions to Circular A-94, which provides guidance on benefit-cost analysis and cost-effectiveness analysis of Federal spending. Circular A-94 was last revised in 1992. These proposed revisions reflect scientific and economic advances since that time. Included in the proposed revisions are changes in the discount rate for benefit-cost analysis. This guidance is separate from Circular A-4, which covers benefit-cost analysis of regulations, rather than spending. Members of the public are encouraged to provide comment.
Request for Nominations of Experts to Peer-Review Draft Guidance on Conducting Analysis of Federal Regulations
The Office of Management and Budget (OMB) is drafting proposed revisions to its Circular A-4: Regulatory Analysis. This notice requests public nominations of experts to participate in an independent scientific peer review of an updated draft of Circular A-4: Regulatory Analysis.
Request for Comments on Guidance Implementing Section 2(e) of the Executive Order of April 6, 2023 (Modernizing Regulatory Review)
The Executive Order of April 6, 2023 (Modernizing Regulatory Review) (hereinafter, Modernizing E.O.) calls for a number of reforms to the process through which the public requests meeting with the Office of Information and Regulatory Affairs (OIRA) on regulatory actions under review pursuant to Executive Order 12866 (E.O. 12866 meetings). These reforms are intended to facilitate the initiation of meeting requests from potential participants who have not historically requested such meetings, as well as to improve the efficiency and effectiveness of E.O. 12866 meetings. This notice announces and requests comment on guidance regarding these reforms.
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 and Office of Management and Budget Circular No. A-130, Appendix I, Federal Agency Responsibilities for Maintaining Records About Individuals, notice is hereby given that the Office of Management and Budget (OMB) is establishing the following new system of records: ``OMB Public Input System of Records, OMB/INPUT/01'' (OMB Public Input System). OMB engages in a number of activities, including issuing guidance, policy, and regulatory actions, many of which invite the public and interested stakeholders to provide input to OMB. The OMB Public Input System covers the collection of that public input received through the Federal Docket Management System, Reginfo.gov, email, hardcopy communications, and other authorized means.
Delegation of Apportionment Authority
Pursuant to The Executive Office of the President Appropriations Act, 2022, the Office of Management and Budget is publishing its delegation of apportionment authority to respond to a continuity event.
Agency Information Collection Activities; Notice and Request for Comments
The Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) is proposing to revise the information collection 0348-0065 that it uses for members of the public who request a meeting with OIRA on rules under review pursuant to Executive Order 12866. The information collected would be subject to the Paperwork Reduction Act (PRA) and this notice announces and requests comment on OIRA's proposal for such a collection.
Guidance for Grants and Agreements
This document corrects the Action caption to a notification of proposed guidance published in the Federal Register of February 9, 2023. The proposed revisions to the OMB Guidance for Grants and Agreements were limited in scope to support implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act; and to clarify existing requirements. The notification was incorrectly categorized in the Action caption as a proposed rule. This correction clarifies that the notification of proposed guidance is not a proposed rule.
Discount Rates for Cost-Effectiveness Analysis of Federal Programs
The Office of Management and Budget (OMB) revised Circular No. A-94 in 1992. With that action, OMB 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 updated discount rates are found in Appendix C of the Circular and are to be used for cost-effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. These rates do not apply to regulatory analysis. The revised Circular can be accessed at https://www.whitehouse.gov/ wp-content/uploads/2023/02/Appendix-C.pdf.
OMB Request for Information (RFI)
The Office of Management and Budget (OMB) will be proposing revisions to title 2 of the Code of Federal Regulation (CFR), subtitle A, chapters I and II, in 2023. This RFI will support this effort by soliciting feedback from the general public on 2 CFR, which will be considered during the process of drafting updates. OMB anticipates publishing the final update to 2 CFR by December 2023. The first update was published on August 13, 2020.
Guidance for Grants and Agreements
The Office of Management and Budget (OMB) is proposing to revise OMB Guidance for Grants and Agreements. The proposed revisions are limited in scope to support implementation of the Build America, Buy America Act provisions of the Infrastructure Investment and Jobs Act; and to clarify existing requirements. These proposed revisions provide further guidance on implementing these statutory requirements, and improve Federal financial assistance management and transparency.
Notice; 2022 Statutory Pay-As-You-Go Act Annual Report
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.
Initial Proposals For Updating OMB's Race and Ethnicity Statistical Standards
The Office of Management and Budget (OMB) requests comments on the initial proposals from the Federal Interagency Technical Working Group on Race and Ethnicity Standards (Working Group) for revising OMB's 1997 Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15).\1\ Responses to this Notice will be shared with the Working Group and will help the Working Group develop their final recommendations to OMB and will also help OMB determine how to revise SPD 15 to improve the quality and usefulness of Federal race and ethnicity data.
Revised Strategic Plan on Statistics for Environmental-Economic Decisions
The Office of Management and Budget (OMB)on behalf of the Interagency Policy Working Group on Statistics for Environmental- Economic Decisions (Working Group)is announcing the availability of a finalized Strategic Plan on Statistics for Environmental-Economic Decisions, which was revised in response to public comments and other information received.
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