Management and Budget Office – Federal Register Recent Federal Regulation Documents

In accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) invites the general public and Federal agencies to comment on the renewal without change of four (4) standard forms: SF-269, Financial Status Report (Long Form); SF-269A, Financial Status Report (Short Form); SF-272, Federal Cash Transactions Report; and SF-272A, Federal Cash Transactions Report. OMB anticipates that this will be the last renewal of these forms. By no later than October 1, 2009, each federal agency must transition from the SF-269, SF-269A, SF-272, and SF-272A to the Federal Financial Report (FFR), by requiring recipients to use the FFR for all financial reports submitted after the date it makes the transition. In making the transition, an agency would incorporate the requirement to use the FFR into terms and conditions of new and ongoing grant and cooperative agreement awards, State plans, and/or program regulations that specify financial reporting requirements.

The Office of Management and Budget (OMB) is proposing guidance on drug-free workplace requirements for financial assistance. The guidance conforms with the common rule that 31 Federal agencies published on November 26, 2003 and therefore makes no substantive change to Federal policies and procedures in this area. The agencies issued that common rule after resolving public comments received in response to a Notice of Proposed Rulemaking. OMB is proposing to issue this guidance as an administrative simplification that will streamline the policy framework for drug-free workplace requirements in two ways. First, the guidance is in a form suitable for Federal agency adoption, which will reduce the volume of Federal regulations on drug-free workplace, make it easier for the affected public to use them, and make it easier and less expensive for the Federal Government to maintain them. Second, the guidance is located in the recently established Title 2 of the Code of Federal Regulations (2 CFR). Locating the OMB guidance in 2 CFR will make it easier to find. It also is the first step toward co-locating in the same CFR title the agencies' regulations that implement the guidance, a further simplification for the public. This notice also proposes a minor change to the previously issued 2 CFR part 1, to conform that part with the guidance published today.

In accordance with the Small Business Paperwork Relief Act of 2002 (44 U.S.C. 3520), the Office of Management and Budget (OMB) is publishing a ``list of the compliance assistance resources available to small businesses'' and a list of the points of contacts in agencies ``to act as a liaison between the agency and small business concerns'' with respect to the collection of information and the control of paperwork. This information is posted on the following Web site: http:/ /www.business.gov/contacts/federal/.

The Federal Activities Inventory Reform (FAIR) Act, Public Law 105-270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmentali.e., inventories of commercial activities. The FAIR Act further requires OMB to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. In accordance with the FAIR Act, OMB is publishing this notice to announce the availability of inventories from the agencies listed below. These inventories identify both commercial activities and activities that are inherently governmental. This is the second and final release of the FAIR Act inventories for FY 2007. Interested parties who disagree with the agency's initial judgment may challenge the inclusion or the omission of an activity on the list of activities that are not inherently governmental within 30 working days and, if not satisfied with this review, may appeal to a higher level within the agency. The Office of Federal Procurement Policy has made available a FAIR Act User's Guide through its Internet site: https://www.whitehouse.gov/ omb/procurement/fair-index.html. This User's Guide will help interested parties review FY 2007 FAIR Act inventories.

The Federal Activities Inventory Reform (FAIR) Act, Public Law 105-270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmentali.e., inventories of commercial activities. The FAIR Act further requires OMB to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. In accordance with the FAIR Act, OMB is publishing this notice to announce the availability of inventories from the agencies listed below. These inventories identify both commercial activities and activities that are inherently governmental. This is the first release of the FAIR Act inventories for FY 2007. Interested parties who disagree with the agency's initial judgment may present a challenge to the agency regarding the inclusion or the omission of an activity on the list of activities that are not inherently governmental within 30 working days and, if not satisfied with this review, may appeal to a higher level within the agency. The Office of Federal Procurement Policy has made available a FAIR Act User's Guide through its Internet site: https://www.whitehouse.gov/ omb/procurement/fair-index.html. This User's Guide will help interested parties review FY 2007 FAIR Act inventories.

The Office of Management and Budget (OMB) has issued a memorandum authorizing each Federal agency to add a field for the applicant's Dun and Bradstreet Data Universal Numbering System (DUNS) number to application forms for types of Federal financial assistance that are subject to the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282, ``the Transparency Act''). The OMB memorandum broadens the effect of a policy issued in 2003, which authorized agencies to include a DUNS number field in applications for grants and cooperative agreements. It broadens the 2003 policy to other forms of Federal financial assistance subject to the Transparency Act, including loans and subawards. The additional authority is needed in order for agencies to implement the requirements of the Transparency Act.

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 seeking public comment on the Standard Occupational Classification Policy Committee's (SOCPC) recommendations presented in this notice for revising the 2000 Standard Occupational Classification (SOC) for 2010. The SOC is designed to reflect the current occupational structure of the United States; it classifies all occupations in which work is performed for pay or profit. The SOC covers all jobs in the national economy, including occupations in the public, private, and military sectors. All Federal agencies that publish occupational data are required to use the SOC; State and local government agencies are strongly encouraged to use this national system to promote a common language for categorizing and analyzing occupations. In a prior Federal Register notice (71 FR 28536, May 16, 2006), OMB and the SOCPC requested comments on: (1) The Standard Occupational Classification principles, (2) corrections to the 2000 SOC Manual, (3) the intention to retain the current SOC Major Group structure, (4) changes to the existing detailed occupations, and (5) new detailed occupations to be added to the revised 2010 SOC. The classification principles, coding guidelines, and occupations recommended in this notice reflect the comments received in response to the May 16, 2006, notice and represent the SOCPC's final recommendations to OMB. OMB, in consultation with the SOCPC, will consider comments in response to this notice in making its final decisions for the 2010 SOC revision and will publish its decisions in the Federal Register. The SOCPC will then finish preparing the 2010 Standard Occupational Classification Manual for publication, including finalizing occupational definitions, assigning associated job titles, and developing a crosswalk to the 2000 SOC. Appendices: This notice includes three appendices in the SUPPLEMENTARY INFORMATION section below. Appendix A presents the SOCPC's recommended SOC Classification Principles and SOC Coding Guidelines. Appendix B provides a crosswalk between the occupation codes in the 2000 SOC and the recommended revised codes for the 2010 SOC. Appendix C provides a crosswalk between the recommended revised codes for the 2010 SOC and the 2000 SOC. Request for Comments: In addition to general comments on the SOCPC's recommendations, OMB welcomes comments specifically addressing: (1) The SOC Classification Principles and SOC Coding Guidelines recommended by the SOCPC (Appendix A); (2) their recommended changes to titles and codes of occupations from the 2000 SOC (Appendix B); (3) the SOCPC's recommended changes to the hierarchical structure of the SOC, including changes to major, minor, broad, and detailed occupation groups (Appendix C); and (4) the titles, placement, and codes of new occupations that the SOCPC is recommending be added in the revised 2010 SOC (Appendix C). All comments submitted in response to this notice may be made available to the public, including by posting them on OMB's Web site. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. Electronic Availability: This document is available on the Internet from the Bureau of Labor Statistics at https://www.bls.gov/soc/home.htm. This Web page contains links to previous SOC Federal Register notices, and related documents, as well as the full SOCPC recommended 2010 SOC structure. To obtain this notice via e-mail, please send a message requesting the SOCPC recommendations Federal Register notice to soc@bls.gov.

The Cost Accounting Standards (CAS) Board has adopted, without change, a final rule to add a clause for inclusion in CAS-covered contracts and subcontracts awarded to foreign concerns. The Board is taking this action to provide a standard clause for use by Government and contractor personnel in applying the CAS requirements to contracts and subcontracts awarded to foreign concerns.

OMB is updating the civilian position full fringe benefit cost factor used to compute the estimated cost of government performance in public-private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A-76. The civilian position full fringe benefit cost factor is comprised of four separate elements: (1) Insurance and health benefits, (2) standard civilian retirement benefits, (3) Medicare benefits, and (4) miscellaneous fringe benefits. OMB is updating the insurance and health benefits and standard civilian retirement benefits cost elements based on actuarial analyses provided by the Office of Personnel Management. OMB is also updating the annual Federal pay raise assumptions and inflation cost factors used for computing the government's personnel and non-pay costs in Circular A-76 public-private competitions. These annual pay raise assumptions and inflation factors are based on the President's Budget for Fiscal Year 2009.

Under 44 U.S.C. 3504(e), the Office of Management and Budget (OMB) is issuing a new Statistical Policy Directive for the release and dissemination of statistical products produced by Federal statistical agencies. On August 1, 2007, OMB published a Notice of solicitation of comments on a draft of this directive in the Federal Register (72 FR 42266, August 1, 2007). A dozen respondents sent comments in response 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, 44 U.S.C. 3504(e) requires OMB, among other responsibilities, 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. It also requires OMB to develop and oversee the implementation of Governmentwide policies, principles, standards, and guidelines concerning the 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; 44 U.S.C. Section 3516 note) similarly requires OMB, as well as all other Federal agencies, to maximize the quality, objectivity, utility, and integrity of information, including statistical information, provided to the public. To operate efficiently and effectively, our Nation relies on the flow of objective, credible statistics to support the decisions of governments, businesses, households, and other organizations. Any loss of trust in the integrity of the Federal statistical system and its products could lessen respondent cooperation with Federal statistical surveys, decrease the quality of statistical system products, and foster uncertainty about the validity of measures our Nation uses to monitor and assess its performance and progress. To further support the quality and integrity of Federal statistical information, OMB is issuing a new Statistical Policy Directive designed to preserve and enhance the objectivity and transparency, in fact and in perception, of the processes used to release and disseminate the statistical products of Federal statistical agencies. The procedures in the directive are intended to ensure that statistical data releases adhere to data quality standards through equitable, policy-neutral, and timely release of information to the general public. Additional discussion of the directive and the directive itself may be found in the SUPPLEMENTARY INFORMATION section below.

The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board, is providing public notification of the decision to discontinue its review of the exemption for contracts that are executed and performed outside the United States, its territories, and possessions.

An open forum on the FY 2007 Performance and Accountability Report (PAR) pilot will be held at the National Academy of Public Administration (NAPA) on April 14, 2008 from 10 a.m. to 12 p.m. The PAR pilot allows agencies to explore different formats to enhance the presentation of financial and performance information and make this information more meaningful and transparent to the public. As an alternative to the traditional PAR, agencies that participated in the pilot had to prepare and submit to OMB three component documents. The component documents included an Agency Financial Report (AFR), an Annual Performance Report (APR), and a Highlights document that presents performance and financial information in a summary fashion. The purpose of the forum is to obtain feedback from individual users and stakeholders regarding the results of the pilot. Those interested in participating should respond to the questions listed below by e-mail to either Regina Kearney at rkearney@omb.eop.gov, or Pat Harris at pharris@omb.eop.gov by close of business March 28, 2008. Do the PAR pilot component documents (Annual Financial Report, Annual Performance Report, and Highlights): [cir] Provide an enhanced presentation of the financial and performance information in a more transparent way (i.e., information is presented in a manner that is user friendly and easy enough for a novice reader to understand)? [cir] Report financial and performance information more meaningfully (i.e., financial and performance data is reliable, relevant, and include measurable results linked to strategic goals)? [cir] Tailor financial and performance information to meet stakeholder needs? [cir] Report performance and financial results candidly and clearly articulate remedies to performance or financial shortfalls? Are the PAR pilot component documents easily accessible via the web and are they easy to use? Did the development of the PAR pilot component documents: [cir] Improve internal and external communications? [cir] Increase/decrease the burden on preparers? What are individuals' recommendations for improving performance and financial reporting?

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) submitted a request to the Office of Management and Budget (OMB) for emergency clearance and review for emergency clearance collection for the Defined Benefits Technology Solution (DBTS) in support of the Retirement Systems Modernization (RSM) project at OPM. Approval of the DBTS is necessary to ensure timely administration of retirement benefits to both active and retired federal employees and their dependents. This also serves as the 60 Day Notice for full clearance review. Approximately 23,000 active federal employees will gain access to the DBTS starting in February 2008 and will have access to the tool; The subset of annuitants and other members of the public from this initial user group that will be using the tool starting in February can not be determined at the time of this submission however the audience will likely be significantly smaller than the active population. We estimate it will take approximately 20 minutes to complete most of the information collections associated with the DBTS. The majority of information collections for the DBTS are done via the internet using the Your Benefits Resources (YBR) Web site. The annual estimated burden is 2,733 hours. Comments are particularly invited on: Whether this information is necessary for the proper performance of functions on the Office of Personnel Management, and whether it will have practical utility; Whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; and Ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. For copies of this proposal, contact Mary Beth Smith-Toomey, OPM PRA and Forms Officer, at (202) 606-8358, Fax (202) 418-3251 or via e- mail to MaryBeth.Smith-Toomey@opm.gov. Please include your complete mailing address with your request.

The Office of Management and Budget is consolidating and replacing four existing financial reporting forms (SF-269, SF-269A, SF- 272, and SF-272A) with a single Federal Financial Report (FFR). The purpose of the FFR is to give recipients of grants and cooperative agreements a standard format for reporting the financial status of their grants and cooperative agreements (hereby referred to collectively as awards). Federal awarding agencies developed the FFR as part of their implementation of the Federal Financial Assistance Management Improvement Act of 1999 (Pub. L. 106-107).

As required by the Inspector General Act of 1978, as amended (IG Act), this notice provides a list of Designated Federal Entities and Federal Entities.

The Office of Federal Financial Management (OFFM) is establishing a government-wide award term for agencies to include in grants and cooperative agreements as part of their implementation of paragraph (g) of section 106 of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). In each award under which funding is provided to a private entity, the statute requires the awarding agency to include a condition authorizing termination of the award if the recipient or a subrecipient engages in certain activities related to trafficking in persons.

The Office of Management and Budget (OMB) proposes to authorize each Federal agency that receives applications for Federal financial assistance to add a field for the applicant's Dun and Bradstreet Data Universal Numbering System (DUNS) number to application forms previously approved by OMB. This proposed update would broaden the directive's effect to all forms of Federal financial assistance covered by the Federal Funding Accountability and Transparency Act (the ``Act'') including grants, subgrants, loans, awards, cooperative agreements, and other forms of financial assistance.

The Federal Activities Inventory Reform (FAIR) Act, Public Law 105-270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmentali.e., inventories of commercial activities. The FAIR Act further requires OMB to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. In accordance with the FAIR Act, OMB is publishing this notice to announce the availability of inventories from the agencies listed below. These inventories identify both commercial activities and activities that are inherently governmental. This is the second release of the FAIR Act inventories for FY 2006. Interested parties who disagree with the agency's initial judgment may challenge the inclusion or the omission of an activity on the list of activities that are not inherently governmental within 30 working days and, if not satisfied with this review, may appeal to a higher level within the agency. The Office of Federal Procurement Policy has made available a FAIR Act User's Guide through its Internet site: https://www.whitehouse.gov/ omb/procurement/fair-index.html. This User's Guide will help interested parties review FY 2006 FAIR Act inventories.

The Office of Federal Procurement Policy, Cost Accounting Standards Board, invites public comments concerning a Staff Discussion Paper on the harmonization of Cost Accounting Standards 412 and 413 with the Pension Protection Act of 2006.

This Notice revises Office of Management and Budget (OMB) Circular A-133, ``Audits of States, Local Governments, and Non-Profit Organizations,'' by (1) Updating the internal control terminology and related definitions used in the Circular; and (2) simplifying the auditee reporting package submission requirement to the Federal Audit Clearinghouse (FAC).

The Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA) can provide strong confidentiality protections for statistical information collections, such as surveys and censuses, as well as for other statistical activities, such as data analysis, modeling, and sample design, that are sponsored or conducted by Federal agencies. The Office of Management and Budget (OMB) is issuing Implementation Guidance for Title V of the E-Government Act, the Confidential Information Protection and Statistical Efficiency Act of 2002 (Pub. L. 107-347). The purpose of the CIPSEA implementation guidance is to inform agencies about the requirements for using CIPSEA and to clarify the circumstances under which CIPSEA can be used.

The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, is revising the threshold for the application of CAS to negotiated Government contracts. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act. The Board is taking final action on this topic in order to adjust the CAS applicability threshold in accordance with Section 822 of the 2006 National Defense Authorization Act (Pub. L. 109-163). Section 822 amended 41 U.S.C. 422(f)(2)(A) to require that the threshold for CAS applicability be the same as the threshold for compliance with the Truth in Negotiations Act (TINA).

This notice announces the availability of the 2007 Circular A- 133 Compliance Supplement. The notice also offered interested parties an opportunity to comment on the 2007 Circular A-133 Compliance Supplement. The 2007 Supplement adds three programs, as well as, includes seven existing programs combined into two existing clusters. It also deletes two programs, updates for program changes, and makes technical corrections. A list of changes to the 2007 Supplement can be found at Appendix V. Due to its length, the 2007 Supplement is not included in this Notice. See Addresses for information about how to obtain a copy.

The Office of Management and Budget (OMB) is hereby publishing the attached memorandum to the heads of executive departments and agencies concerning the determination of the maximum benchmark compensation amount that will be allowable under government contracts during contractors' FY 2007$597,912. This determination is required under Section 39 of the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 435), as amended. The benchmark compensation amount applies equally to both defense and civilian procurement agencies.

The Office of Management and Budget (OMB) is publishing a final Bulletin entitled, ``Agency Good Guidance Practices,'' which establishes policies and procedures for the development, issuance, and use of significant guidance documents by Executive Branch departments and agencies. This Bulletin is intended to increase the quality and transparency of agency guidance practices and the significant guidance documents produced through them. On November 23, 2005, OMB proposed a draft Bulletin for public comment. 70 FR 71866 (November 30, 2005). Upon request, OMB extended the public comment period from December 23, 2005 to January 9, 2006. 70 FR 76333 (December 23, 2005). OMB received 31 comments on the proposal from diverse public and private stakeholders (see https:// www.whitehouse.gov/omb/inforeg/goodguid/c-index.html) and input from Federal agencies. The final Bulletin includes refinements developed through the public comment process and interagency deliberations.