Management and Budget Office – Federal Register Recent Federal Regulation Documents

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Determination of Benchmark Compensation Amount for Certain Executives and Employees
Document Number: 2013-28982
Type: Notice
Date: 2013-12-04
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 $952,308 is the ``benchmark compensation amount'' for certain executives and employees in terms of costs allowable under Federal Government contracts during contractors' fiscal year 2012. This determination is required under Section 39 of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 1127). The benchmark compensation amount applies to both defense and civilian agencies.
Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order No. 12866
Document Number: 2013-28242
Type: Notice
Date: 2013-11-26
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) requests comments on the Technical Support Document entitled Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866, available at: http://www.whitehouse.gov/sites/default/files/omb/ assets/inforeg/technical-update-social-cost-of-carbon-for-reg ulator- impact-analysis.pdf. The Social Cost of Carbon (SCC) is used to estimate the value to society of marginal reductions in carbon emissions. This Technical Support Document explains the derivation of the SCC estimates using three peer reviewed integrated assessment models and provides updated values of the SCC that reflect minor technical corrections to the estimates released in May of this year. OMB requests that comments be submitted electronically to OMB by January 27, 2014 through www.regulations.gov.
Information Collection; Request for Public Comments
Document Number: 2013-27585
Type: Notice
Date: 2013-11-19
Agency: Management and Budget Office, Executive Office of the President
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) the Office of Management and Budget (OMB) invites the general public and Federal agencies to comment on a revision of an approved information form (SF-SAC) that is used to report audit results, audit findings, and questioned costs as required by the Single Audit Act Amendments of 1996 (31 U.S.C. 7501, et seq.) and OMB Circular A-133, ``Audits of States, Local Governments, and Non-Profit Organizations.'' The first notice of this information collection request, as required by the Paperwork Reduction act, was published in the Federal Register on May 9, 2013 [78 FR 27259]. The proposed changes are to revise some existing data elements in the form and add other data elements that would make easier for the Federal agencies to identify the types of audit findings reported in the audits performed under the Single Audit Act. The current Form SF-SAC was designed for audit periods ending in 2011and 2012. The proposed revised Form SF-SAC will replace the current form for audit periods ending 2013, 2014 and 2015. The detail proposed changes along with the proposed format are described on OMB Web site at: http://www.whitehouse.gov/omb/grants forms/
Calendar Year 2013 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: 2013-24330
Type: Notice
Date: 2013-10-22
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 CY13 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.
Interim Final Appendix D of OMB Circular No. A-123, “Management's Responsibility for Internal Control,” and Suspension of Application of OMB Circular No. A-127, “Financial Management Systems”
Document Number: 2013-23548
Type: Notice
Date: 2013-09-27
Agency: Management and Budget Office, Executive Office of the President
OMB Circular No. A-123, ``Management's Responsibility for Internal Control,'' defines management's responsibility for internal control in Federal agencies. OMB Circular No. A-127,''Financial Management Systems,'' previously prescribed policies and standards for executive departments and agencies to follow in developing, operating, evaluating, and reporting on financial management systems. OMB is issuing this interim final version of a new appendix, Appendix D, to Circular A-123, to provide a framework for determining compliance with the Federal Financial Management Improvement Act (FFMIA) of 1996, bringing financial systems policy into greater alignment with financial management policy in Circular A-123 and with general IT guidance contained in OMB Circular No. A-130, ``Management of Federal Information Resources.'' The new appendix to Circular A-123 supersedes, and makes it no longer necessary to maintain, Circular A-127. Accordingly, OMB is suspending application of Circular A-127.
OMB Sequestration Update Report to the President and Congress for Fiscal Year 2014
Document Number: 2013-20928
Type: Notice
Date: 2013-08-30
Agency: Management and Budget Office, Executive Office of the President
OMB is issuing the Sequestration Update Report to the President and Congress for FY 2014 to report on the status of pending discretionary appropriations legislation and compliance with the discretionary caps. The report finds that unless the discretionary limits are restored to the levels agreed to in the American Taxpayer Relief Act of 2012, OMB's estimates of House action for the 12 annual appropriations bills show that a sequestration of approximately $47.9 billion in discretionary programs in the defense (or revised security) category would be required. Similarly, OMB's estimates of appropriations action by the Senate indicate that a sequestration of approximately $54.1 billion in discretionary programs in the defense category and $34.3 billion in discretionary programs in the non-defense (or revised nonsecurity) category would be required. The report also contains OMB's Preview Estimate of the Disaster Relief Funding Adjustment for FY 2014.
U.S.-Canada Regulatory Cooperation Council Stakeholder Request for Comment Summer 2013
Document Number: 2013-21061
Type: Notice
Date: 2013-08-29
Agency: Management and Budget Office, Executive Office of the President
Audits of States, Local Governments, and Non-Profit Organizations; OMB Circular A-133 Compliance Supplement
Document Number: 2013-16509
Type: Notice
Date: 2013-07-10
Agency: Management and Budget Office, Executive Office of the President
This notice announces the availability of the 2013 OMB Circular A-133 Compliance Supplement (Supplement). The notice also offers interested parties an opportunity to comment on the 2013 Supplement. The 2013 Supplement adds four new programs, which are added to existing clusters. It deletes 23 programs and has also been updated for program changes and technical corrections. The four added programs are:
Cost Accounting Standards: CAS 413 Pension Adjustments for Extraordinary Events
Document Number: 2013-16113
Type: Proposed Rule
Date: 2013-07-08
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 (CAS) Board, is conducting fact-finding for the development of a Staff Discussion Paper (SDP) on CAS 413 Pension Adjustments for Extraordinary Events. This is the first step in a four- step process that may result in a final rule. As part of these efforts, the public is invited to attend two public meetings that are scheduled for July 31, 2013 and August 14, 2013. To facilitate fact-finding, the CAS Board encourages the submission of written comments for consideration in the drafting of the SDP.
Request for Public Comments: Interagency Review of Exclusion Order Enforcement Process
Document Number: 2013-14743
Type: Notice
Date: 2013-06-20
Agency: Management and Budget Office, Executive Office of the President
The Executive Office of the President, through the U.S. Intellectual Property Enforcement Coordinator (``IPEC''), is beginning an interagency review directed at strengthening the procedures and practices used during enforcement of exclusion orders issued by the U.S. International Trade Commission (``ITC''). The interagency working group will review existing procedures that U.S. Customs and Border Protection (``CBP'') and the ITC use to evaluate the scope of exclusion orders and work to ensure the process and criteria utilized during exclusion order enforcement activities are transparent, effective, and efficient. Through this request for public comment, IPEC invites public input and recommendations in support of the Administration's interagency review of exclusion order enforcement processes called for by the 2013 Joint Strategic Plan on Intellectual Property Enforcement [and the White House Task Force on High-Tech Patents].
Draft 2013 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities
Document Number: 2013-11984
Type: Notice
Date: 2013-05-21
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) requests comments on its Draft 2013 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 three chapters. Chapter I examines the benefits and costs of major Federal regulations issued in fiscal year 2012 and summarizes the benefits and costs of major regulations issued between October 2002 and September 2012. 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 summarizes agency compliance with the Unfunded Mandates Reform Act. OMB requests that comments be submitted electronically to OMB by July 31, 2013 through www.regulations.gov.
Information Collection; Request for Public Comments
Document Number: 2013-10993
Type: Notice
Date: 2013-05-09
Agency: Management and Budget Office, Executive Office of the President
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.) the Office of Management and Budget (OMB) invites the general public and Federal agencies to comment on a revision of an approved information form (SF-SAC) that is used to report audit results, audit findings, and questioned costs as required by the Single Audit Act Amendments of 1996 (31 U.S.C. 7501, et seq.) and OMB Circular A-133, ``Audits of States, Local Governments, and Non-Profit Organizations.'' The proposed changes are to revise some existing data elements in the form and add other data elements that would make easier for the Federal agencies to identify the types of audit findings reported in the audits performed under the Single Audit Act. The current Form SF- SAC was designed for audit periods ending in 2011and 2012. The proposed revised Form SF-SAC will replace the current form for audit periods ending 2013, 2014 and 2015. The detail proposed changes along with the proposed format are described on OMB Web site at: http:// www.whitehouse.gov/omb/grantsforms/
OMB Final Sequestration Report to the President and Congress for Fiscal Year 2013
Document Number: 2013-08816
Type: Notice
Date: 2013-04-16
Agency: Management and Budget Office, Executive Office of the President
Public Law 112-25, the Budget Control Act of 2011 amended the Balanced Budget and Emergency Deficit Control Act of 1985 (BBEDCA) by reinstating the discretionary spending limits that had expired after 2002. These limits were further revised by P.L. 112-240, the American Taxpayer Relief Act of 2012 (ATRA). Section 254 of BBEDCA requires the Office of Management and Budget (OMB) to issue a Final Sequestration Report after Congress ends a session to determine whether or not a sequestration of discretionary budget authority is required based on OMB scoring of enacted appropriations legislation against those limits. ATRA, however, delayed the release of this report. Based on its scoring of enacted 2013 appropriations, OMB has determined that a sequestration of discretionary budget authority pursuant to section 251 of BBEDCA is not required. 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.
Fiscal Year 2013 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: 2013-08517
Type: Notice
Date: 2013-04-11
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 (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 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 FY13 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.
Historically Black College and University (HBCU) Capital Financing Program; Modification of Terms and Conditions of Gulf Hurricane Disaster Loans
Document Number: 2013-07071
Type: Notice
Date: 2013-03-26
Agency: Department of Education, Management and Budget Office, Executive Office of the President, Department of the Treasury
The Secretary of Education (Secretary) is authorized to modify the terms and conditions of loans made to the following four institutions affected by Hurricanes Katrina and Rita under the Historically Black College and University (HBCU) Capital Financing Program: Dillard University, Southern University at New Orleans, Tougaloo College, and Xavier University. The loan modifications are required by statute to be on such terms as the Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget (OMB) jointly determine are in the best interests of both the United States and the borrowers and necessary to mitigate the economic effects of the hurricanes, provided that the modifications do not result in any net cost to the Federal Government. This notice (1) establishes the terms and conditions of the loan modifications, (2) outlines the methodology undertaken and factors considered in evaluating the loan modifications, and (3) describes how the loan modifications do not result in any net cost to the Federal Government.
Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles and Administrative Requirements (Including Single Audit Act)
Document Number: 2013-06455
Type: Proposed Rule
Date: 2013-03-21
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget is extending the comment period for the Proposed Guidance on Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles and Administrative Requirements (Including Single Audit Act) published February 1, 2013. The original comment period was scheduled to end on May 2, 2013. Today, OMB is extending the time period in which to provide public comments until June 2, 2013. This will allow interested parties additional time to analyze the issues and prepare their comments.
Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments: Legislative Review Related to Enforcement Against Economic Espionage and Trade Secret Theft
Document Number: 2013-06226
Type: Notice
Date: 2013-03-19
Agency: Management and Budget Office, Executive Office of the President
The theft of trade secrets from U.S. corporations can impact national security, undermine U.S. global competitiveness, diminish U.S. export prospects, and put American jobs at risk. Trade secrets play a crucial role in maintaining America's global competitiveness. The Administration will continue to act vigorously to combat the theft of American trade secrets that could be used by foreign companies or foreign governments to gain an unfair commercial advantage over U.S. companies. We need to ensure that our laws are as effective as possible. Therefore, the Administration is reviewing applicable Federal law related to enforcement against economic espionage and trade secret theft. This review is pursuant to the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets issued on February 20, 2013. The strategy is available at: http://www.whitehouse.gov/sites/default/ files/omb/IPEC/admin_strategy_on_mitigating_the_theft_of_u.s. _ trade_secrets.pdf http:/www.whitehouse.gov/sites/default/files/omb/ IPEC/admin_strategy_on_mitigating_the_theft_of_u.s._trade_ secrets.pdf. A related OMB blog post is available at: http://www.whitehouse.gov/ blog/2013/02/19/launch-administration-s-strategy-mitigate-the ft-us- trade-secrets. And video of the rollout event is available at: http:// www.youtube.com/watch?v=vwgYahyQ754&feature=youtu.be. In the strategy, the U.S. Intellectual Property Enforcement Coordinator (IPEC) committed to a review of existing laws related to the enforcement of trade secrets to determine if legislative changes are needed to enhance enforcement. IPEC invites public input and participation in shaping the Administration's review. Specifically, we are requesting any recommendations for legislative changes that would enhance enforcement against, or reduce the risk of, the misappropriation of trade secrets for the benefit of foreign competitors or foreign governments.
U.S.-EU High Level Regulatory Cooperation Forum-Stakeholder Session
Document Number: 2013-05252
Type: Notice
Date: 2013-03-07
Agency: Management and Budget Office, Executive Office of the President
On September 28, 2012, the Office of the United States Trade Representative (USTR) and the Office of Management and Budget (OMB), together with the European Commission's Enterprise and Trade Directorates-General, published a joint request for comments on ``Promoting US EC Regulatory Compatibility'' (see http:// www.regulations.gov/#!documentDetail;D=USTR-2012-0028-0001). The notice was part of a joint effort by the United States and the European Union (EU) to obtain input from the public on how to promote greater transatlantic regulatory compatibility generally as well as in specific economic sectors. See also http://www.whitehouse.gov/blog/2012/09/07/ eliminating-red-tape-boost-trade-economic-growth. On April 10th and 11th, OMB and the European Commission will hold a public meeting of the U.S.-EU High Level Regulatory Cooperation Forum (the ``Forum'') in Washington, DC, to provide interested persons with an opportunity to provide an oral statement.
Notification of a Public Meeting on the Use of Cost Comparisons in Federal Procurement
Document Number: 2013-03581
Type: Notice
Date: 2013-02-15
Agency: Management and Budget Office, Executive Office of the President
The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) seeks input from the public on the practice of comparing the relative cost of performance by Federal employees versus contract performance in order to identify the most cost-effective source. OFPP intends to consider feedback received in response to this notice as it evaluates existing policies addressing cost comparisons and considers new ones to help agencies save money and drive better results. Feedback will also be considered in connection with the development of guidance required by section 1655 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013, Public Law 112-239. Section 1655 requires OMB to publish guidance addressing the conversion of a function being performed by a small business concern to performance by a Federal employee. Interested parties may offer oral and/or written comments at a public meeting to be held on March 5, 2013. Parties are also encouraged to provide all written comments directly to www.regulations.gov.
Reform of Federal Policies Relating to Grants and Cooperative Agreements; Cost Principles and Administrative Requirements (Including Single Audit Act)
Document Number: 2013-02113
Type: Proposed Rule
Date: 2013-02-01
Agency: Management and Budget Office, Executive Office of the President
To deliver on President Obama's promise of a 21st-Century government that is more efficient, transparent, and creative, the Office of Management and Budget (OMB) is seeking to adjust the Federal government's partnership with non-Federal stakeholders to best achieve program outcomes while we ensure the financial integrity of the dollars we spend. The goal of this effort is to transform our Federal financial assistance framework so that it meets a higher standard of performance on behalf of the American people. OMB proposes these reforms to the guidance for Federal policies relating to grants in order to ensure that Federal grants meet the high standards of a 21st-Century government. Federal grant-making must be streamlined to make the most of taxpayer dollars and ensure financial integrity while delivering the right program outcomes. This proposal provides this opportunity for the Federal government and its partners: state, local, tribal governments, institutions of higher education, and nonprofit organizations, to rethink and reform the rules that govern our stewardship of Federal dollars.
2012 Statutory Pay-As-You-Go Act Annual Report
Document Number: 2013-01896
Type: Notice
Date: 2013-01-30
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.
Discount Rates for Cost-Effectiveness Analysis of Federal Programs
Document Number: 2013-01843
Type: Notice
Date: 2013-01-29
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.
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.
Cost Accounting Standards: Cost Accounting Standards 412 and 413-Cost Accounting Standards Pension Harmonization Rule
Document Number: 2011-32745
Type: Rule
Date: 2011-12-27
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 this final rule to revise Cost Accounting Standard (CAS) 412, ``Composition and Measurement of Pension Cost,'' and CAS 413, ``Adjustment and Allocation of Pension Cost.'' This revision will harmonize the measurement and period assignment of the pension cost allocable to Government contracts, and the minimum required contribution under the Employee Retirement Income Security Act of 1974 (ERISA), as amended, as required by the Pension Protection Act (PPA) of 2006. The PPA amended the minimum funding requirements for qualified defined benefit pension plans. The Board issues this final rule to revise CAS 412 and CAS 413 to include the recognition of a ``minimum actuarial liability'' and ``minimum normal cost,'' which are measured on a basis consistent with the liability measurement used to determine the PPA minimum required contribution, and accelerate the recognition of actuarial gains and losses. These and other revisions will better align both the measurement and period assignment of pension cost allocable to a contractor's Government contracts and other final cost objectives in accordance with CAS, and the measurement and period assignment requirements for determining the contractor's minimum pension contribution under the PPA.
Cost Accounting Standards: Change to the CAS Applicability Threshold for the Inflation Adjustment to the Truth in Negotiations Act Threshold
Document Number: 2011-32726
Type: Rule
Date: 2011-12-22
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 (CAS) Board (Board), has adopted, without change from the interim rule, a final rule revising the threshold for the application of CAS from ``$650,000'' to ``the Truth in Negotiations Act (TINA) threshold, as adjusted for inflation.'' The change is being made because the CAS applicability threshold is statutorily tied to TINA threshold. The TINA threshold for obtaining cost or pricing data was recently adjusted for inflation to $700,000 in the Federal Acquisition Regulation (FAR), as required by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Until the interim change for this final rule, the CAS applicability threshold was a stated dollar amount ($650,000) in the Code of Federal Regulations. This wording change effectively revised the CAS threshold to $700,000 and will cause future changes to the CAS applicability threshold to self-execute upon any changes to the TINA threshold as they are implemented in the FAR.
Final Guidance on Appointment of Lobbyists to Federal Boards and Commissions
Document Number: 2011-25736
Type: Notice
Date: 2011-10-05
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) is issuing final guidance to Executive Departments and agencies concerning the appointment of federally registered lobbyists to boards and commissions. 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 OMB to ``issue proposed guidance to implement this policy to the full extent permitted by law.'' Proposed guidance was posted on November 2, 2010 and the final guidance was formulated after review of the comments received to the proposed guidance. The Presidential Memorandum is available at http://www.whitehouse.gov/the-press-office/ presidential-memorandum-lobbyists-agency-boards-and-commissio ns.
Agency Information Collection Activities: Proposed Collection; Comment Request; the Partnership Fund for Program Integrity Innovation Pilot Idea Template
Document Number: 2011-25651
Type: Notice
Date: 2011-10-05
Agency: Management and Budget Office, Executive Office of the President
The Office of Federal Financial Management (OFFM) within the Office of Management and Budget is proposing for approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et. Seq.) the attached template for pilot idea summaries submitted to the Partnership Fund for Program Integrity Innovation (Partnership Fund). This notice announces that OFFM intends to submit this collection to OMB for approval and solicits comments on specific aspects for the proposed collection. The first notice of this information collection request, as required by the Paperwork Reduction Act, was published in the Federal Register on June 6, 2011 [76 FR 32375]. There were no comments on the first notice. The Partnership Fund seeks to identify pilot projects to improve the service delivery, payment accuracy, and administrative efficiency of state-administered Federal assistance programs, while also reducing access barriers for eligible beneficiaries. The proposed pilot idea summary template is intended for use by those wishing to submit pilot ideas for consideration. It outlines the specific information required by the Partnership Fund to make informed decisions in the pilot selection process. Pilot ideas to advance the Partnership Fund's goals are being solicited from all stakeholders, including the general public. The template is currently in use by Federal agencies based on OMB guidance. If approved under the Paperwork Reduction Act, it will be used to solicit ideas from stakeholders outside the Federal government both as a general template and as an online form for idea solicitations through the Partnership Fund web site, http://www.partner4solutions.gov. Currently, general ideas may be submitted via e-mail to partner4solutions@omb.eop.gov, or through http://www.partner4solutions.gov. The Partnership Fund is funded through FY 2012 and will continue to accept pilot idea proposals on a rolling basis until funding is exhausted. The Partnership Fund must comply with a statutory requirement that all pilot projects, when taken together, be cost neutral.
Cost Accounting Standards: Clarification of the Exemption From Cost Accounting Standards for Firm-Fixed-Price Contracts and Subcontracts Awarded Without Submission of Certified Cost or Pricing Data
Document Number: 2011-25623
Type: Proposed Rule
Date: 2011-10-05
Agency: Management and Budget Office, Office of Federal Procurement Policy, Federal Procurement Policy Office, Executive Office of the President
The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, invites public comments concerning this proposed to clarify the application of the exemption from CAS at 48 CFR 9903.201-1(b)(15) for firm-fixed-price (FFP) contracts and subcontracts awarded on the basis of adequate price competition without submission of cost or pricing data (hereafter referred to as the ``(b)(15) FFP exemption''). The proposed rule will revise the (b)(15) FFP exemption to clarify that the exemption applies to firm-fixed-price contracts and subcontracts awarded on the basis of adequate price competition without submission of certified cost or pricing data.
Federal Regulations; OMB Circulars, OFPP Policy Letters, and CASB Cost Accounting Standards Included in the Semiannual Agenda of Federal Activities
Document Number: 2011-24712
Type: Rule
Date: 2011-09-29
Agency: Management and Budget Office, Executive Office of the President
The Office of Management and Budget (OMB) is publishing its semiannual agenda of upcoming activities for Federal regulations, OMB Circulars, Office of Federal Procurement Policy (OFPP) Policy Letters, and Cost Accounting Standards Board (CASB) Cost Accounting Standards. OMB Circulars and OFPP Policy Letters are published in accordance with OMB's internal procedures for implementing Executive Order No. 12866 (October 4, 1993, 58 FR 51735). OMB policy guidelines are issued under authority derived from several sources including: Subtitles I, II, and V of Title 31, United States Code; Executive Order No. 11541; and other specific authority as cited. OMB Circulars and OFPP Policy Letters communicate guidance and instructions of a continuing nature to executive branch agencies. As such, most OMB Circulars and OFPP Policy Letters are not regulations. Nonetheless, because these issuances are typically of public interest, they are generally published in the Federal Register in both proposed (for public comment) and final stages. For this reason, they are presented below in the standard format of ``prerule,'' ``proposed rule,'' and ``final rule'' stages. CASB Cost Accounting Standards are issued under authority derived from 41 U.S.C. 1501. Cost Accounting Standards are rules governing the measurement, assignment, and allocation of costs to contracts with the United States Government. For purposes of this agenda, we have excluded directives that outline procedures to be followed in connection with the President's budget and legislative programs and directives that affect only the internal functions, management, or personnel of Federal agencies.
Publication of the Office of Federal Procurement Policy (OFPP) Policy Letter 11-01, Performance of Inherently Governmental and Critical Functions
Document Number: 2011-23165
Type: Notice
Date: 2011-09-12
Agency: Management and Budget Office, Office of Federal Procurement Policy, Federal Procurement Policy Office, Executive Office of the President
The Office of Federal Procurement Policy (OFPP) in the Office of Management and Budget (OMB) is issuing a policy letter to provide to Executive Departments and agencies guidance on managing the performance of inherently governmental and critical functions. The guidance addresses direction to OMB in the Presidential Memorandum on Government Contracting, issued on March 4, 2009, to clarify when governmental outsourcing of services is, and is not, appropriate, consistent with section 321 of the Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year 2009 (Pub. L. 110-417). Section 321 requires OMB to: (i) Create a single definition for the term ``inherently governmental function'' that addresses any deficiencies in the existing definitions and reasonably applies to all agencies; (ii) establish criteria to be used by agencies to identify ``critical'' functions and positions that should only be performed by Federal employees; and (iii) provide guidance to improve internal agency management of functions that are inherently governmental or critical. The Presidential Memorandum is available at http://www.whitehouse.gov/thepress office/Memorandum-for-the-Heads-of-Executive-Departments-and- Agencies- Subject-Government/. Section 321 may be found at http://www.dod.gov/ dodgc/olc/docs/2009NDAA_PL110-417.pdf.
Cost Accounting Standards: Accounting for Insurance Costs
Document Number: 2011-21898
Type: Proposed Rule
Date: 2011-08-26
Agency: Management and Budget Office, Office of Federal Procurement Policy, Federal Procurement Policy Office, Executive Office of the President
The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue the rulemaking on the development of an amendment to Cost Accounting Standard (CAS) 416 regarding the use of the term ``catastrophic losses'' at 48 CFR 9904.416-50(b)(1).
Cost Accounting Standards; Allocation of Home Office Expenses to Segments
Document Number: 2011-21897
Type: Proposed Rule
Date: 2011-08-26
Agency: Management and Budget Office, Office of Federal Procurement Policy, Federal Procurement Policy Office, Executive Office of the President
The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue the rulemaking in the review of the CAS 403 thresholds at 48 CFR 9904.403-40(c)(2) that require use of the three factor formula described at 48 CFR 9904.403-50(c)(1) for allocating residual home office expenses.
North American Industry Classification System; Revision for 2012
Document Number: 2011-20997
Type: Notice
Date: 2011-08-17
Agency: Management and Budget Office, Executive Office of the President
The North American Industry Classification System (NAICS) is a system for classifying establishments (individual business locations) by type of economic activity. Mexico's Instituto Nacional de Estad[iacute]stica y Geograf[iacute]a (INEGI), Statistics Canada, and the United States Office of Management and Budget (OMB), through its Economic Classification Policy Committee (ECPC), collaborate on NAICS to make the industry statistics produced by the three countries comparable. Under 31 U.S.C. 1104(d) and 44 U.S.C. 3504(e), the Office of Management and Budget is announcing its final decisions for adoption of NAICS revisions for 2012 as recommended by the Economic Classification Policy Committee in OMB's notice for solicitation of comments published in Part IV of the May 12, 2010, Federal Register (75 FR 26856-26869). In the May 12, 2010, notice, OMB's ECPC recommended classification guidance for distribution centers, logistics service providers, sales offices of publishers, and units that outsource physical transformation activities. The ECPC also provided a list of recommended changes to the utilities, construction, manufacturing, wholesale trade, retail trade, and food services and accommodations sectors of NAICS United States for 2012. In response to public comments received on the recommendations, the ECPC withdrew the proposal to split the semiconductor industry into two new industries and OMB is modifying two additional ECPC recommendations to better align with the public comments. More details on these decisions are presented in the SUPPLEMENTARY INFORMATION section below.