Office of the Secretary September 2020 – Federal Register Recent Federal Regulation Documents
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Arms Sales Notification
The Department of Defense is publishing the unclassified text of an arms sales notification.
Department-Wide Transition to Use of GrantSolutions Award Management System for Managing Financial Assistance Awards; Correction
The U.S. Department of the Interior (DOI) published a notice in the Federal Register on April 9, 2020 concerning the transitioning of all bureaus and offices to using the GrantSolutions award management system to manage financial assistance awards. The dates provided in the original notice published on April 9, 2020 were modified.
Information Collection Activities; Requests for Comments; Correction
The Office of Drug and Alcohol Policy and Compliance (ODAPC), DOT, published a document in the Federal Register of September 3, 2020, concerning a 30-day notice and request for comments on an Information Collection Request. The document contained typographical errors.
Administration and Support of Basic Research by the Department of Defense
This final rule removes DoD's regulation concerning the administration and support of basic research by the Department of Defense, because the content of this part is internal to the Department. Therefore, this CFR part can be removed.
Privacy Act of 1974; Implementation
The Office of the Secretary proposes to exempt records maintained in CIG-26, ``Case Control SystemInvestigative.'' The System of Records Notice was published in the Federal Register on August 9, 2011. This rule is being published as a direct final rule as the DoD does not expect to receive any adverse comments. If such comments are received, this direct final rule will be cancelled and a proposed rule for comments will be published.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Ethylene Oxide Standard
The Department of Labor (DOL) is submitting this Occupational Safety and Health Administration (OSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Current Population Survey-Basic Labor Force
The Department of Labor (DOL) is submitting this Bureau of Labor Statistics (BLS)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Civil Money Penalties and Assessments Under the Military Health Care Fraud and Abuse Prevention Program
This final rule implements civil money penalties authority provided to all Federal health care programs, including the TRICARE program, under the Social Security Act. This authority allows the Secretary of Defense as the administrator of a Federal health care program to impose civil money penalties (CMPs or penalties) as described in section 1128A of the Social Security Act against providers and suppliers who commit fraud and abuse in the TRICARE program. This final rule establishes a program within the DoD to impose CMPs for certain unlawful conduct in the TRICARE program. To the extent applicable, this final rule adopts the Department of Health and Human Service's (HHS's) well-established CMP rules and procedures. The program to impose CMPs within TRICARE is called the Military Health Care Fraud and Abuse Prevention Program. The Defense Health Agency (DHA) shall be the agency within the DoD responsible for administering the Military Health Care Fraud and Abuse Prevention Program.
Defense Health Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Health Board (DHB) will take place.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the National Defense University announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense (OSD) is modifying the system of records notice (SORN), ``Military OneSource (MOS) Case Management System (CMS),'' DPR 45 DoD. The Military OneSource is a call center and website providing comprehensive information on available benefits and services to Active Duty Military, Reserve and National Guard, eligible separated members and their families. These benefits and services include financial counseling, educational assistance and benefits, relocation planning and preparation, quality of life programs, and family and community programs. In addition to the formatting administrative changes, this modification expands the categories of individuals and records covered by the system of records.
Privacy Act of 1974; System of Records
The OSD is modifying a system of records titled, ``Computer/ Electronic Accommodations Program (CAP),'' DHRA 15. The CAP is a centrally funded program providing assistive (computer/electronic) technology solutions to individuals with hearing, vision, dexterity, cognitive, and/or communications impairments in the form of an accessible work environment. The records maintained in the system of records provide the necessary means to conduct mission essential activities, process requests for accommodations, track activity among different agencies, and deliver outreach activities related to assistive technology and industry best practices for providing reasonable accommodations. The Portal provides management and reporting capabilities, as well as facilitates CAP business processes such as customer communications and workflow tracking.
Privacy Act of 1974; System of Records
The Office of the Secretary of Defense (OSD) is modifying the system of records titled, ``Commercial Travel Information Management System,'' DHRA 14 DoD. The Commercial Travel Information Management System (CTIMS) houses the CTIMS data repository and provides web-based travel information to the DoD travel community, including commercial vendors. It offers tools to submit help desk tickets, create reports, complete schedule training, plan trips, and complete other travel related functions, as well as provides a survey tool that supports the assessment of Defense Travel programs and the Defense Travel Management Office (DTMO) Workforce Assessment.
Privacy Act of 1974; System of Records
The OSD is modifying the system of records titled, ``Inquiry and Case Management System (ICMS),'' DHRA 16. The ICMS supports the Defense Personnel and Family Support Center's (DPFSC) employer support to the National Guard and Reserve (ESGR) Ombudsman Program. This system provides assistance to U.S. Military Service Members and members of the National Disaster Medical System with resolving employment and or re- employment conflicts and provides employers with Uniform Services Employment and Reemployment Act information.
Privacy Act of 1974; System of Records
The OSD is modifying a system of records entitled, ``Defense Sexual Assault Advocate Certification Program (D-SAACP),'' DHRA 10 DoD. The system records track Sexual Assault Response Coordinators (SARC) and Sexual Assault Prevention and Response Victim Advocates (SAPR VAs) certifications. System information is used to review, process, and report on the status of SARC and SAPR VA certifications to Congress.
Privacy Act of 1974; System of Records
The OSD is modifying a system of records titled ``National Language Service Corps (NLSC) Records,'' DHRA 07. The NLSC system is a cost-effective solution to the tactical and strategic management of foreign language support needs within the U.S. military and civilian enterprise for operations, plans, and workforce requirements. It provides a surge capability from individuals who are generally unavailable to the Government by tapping into our nation's population of skilled citizens who speak hundreds of languages critical to our nation's needs. Initially established as a pilot program maintaining a pool of linguists proficient in ten languages, NLSC has since expanded its capabilities to support over 414 languages and dialects and provide over 4,000 man-hours of support to federal agencies annually. To meet the increasing need for professionals with language skills, in 2018, the NLSC expanded the reach of linguist support from DoD organizations to all federal government agencies and is modifying the system to accommodate this growth.
Notice of Teleconference Meeting of the Exxon Valdez Oil Spill Public Advisory Committee
In accordance with the Federal Advisory Committee Act, the Department of the Interior, Office of the Secretary, is announcing that the Exxon Valdez Oil Spill (EVOS) Trustee Council's Public Advisory Committee will meet by teleconference as noted below.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Concrete and Masonry Construction Standard
The Department of Labor (DOL) is submitting this Occupational Safety and Health Administration (OSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Logging Operations Standards
The Department of Labor (DOL) is submitting this Occupational Safety and Health Administration (OSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Producer Price Index Survey
The Department of Labor (DOL) is submitting this Bureau of Labor Statistics (BLS)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Direct Grant Programs, State-Administered Formula Grant Programs, Non Discrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, Developing Hispanic-Serving Institutions Program, Strengthening Institutions Program, Strengthening Historically Black Colleges and Universities Program, and Strengthening Historically Black Graduate Institutions Program
In response to Executive Order 13864 (Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities), the Department of Education revises its current regulations to encourage institutions of higher education to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment to the U.S. Constitution for public institutions and compliance with stated institutional policies regarding freedom of speech, including academic freedom, for private institutions. These regulations also require a public institution to not deny a religious student organization any of the rights, benefits, or privileges that are otherwise afforded to other student organizations. In response to recent decisions from United States Supreme Court's decisions, the Department revises its current regulations regarding grant programs authorized under titles III and V of the Higher Education Act of 1965, as amended (HEA), and the eligibility of students to obtain certain benefits under those programs. The Department also revises its current regulations to clarify how educational institutions may demonstrate that they are controlled by a religious organization to qualify for the exemption provided under Title IX, 20 U.S.C. 1681(a)(3), to the extent Title IX or its implementing regulations would not be consistent with the religious tenets of such organization.
Coronavirus Food Assistance Program
The Secretary of Agriculture is issuing this rule to provide additional assistance under the Coronavirus Food Assistance Program (CFAP) to agricultural producers who continue to be impacted by the effects of the COVID-19 outbreak. This rule specifies the eligibility requirements, payment calculations, and application procedures for a second round of payments (CFAP 2). In addition, it also extends the special payment limitation provisions to trusts and estates for CFAP 1 and amends the provisions regarding applicable year and direct attribution of payments to members of legal entities that qualify for the increased payment limitation.
Coronavirus Food Assistance Program; Correction
The Secretary of Agriculture implemented the Coronavirus Food Assistance Program (CFAP), which provides assistance to agricultural producers impacted by the effects of the COVID-19 outbreak, through a final rule published in the Federal Register on May 21, 2020. This correction clarifies the eligibility of barley and livestock.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Provider Enrollment Form
The Department of Labor (DOL) is submitting this Office of Workers' Compensation Programs (OWCP)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Paid Leave Under the Families First Coronavirus Response Act
The Department of Labor (DOL) is submitting this Wage and Hour Division (WHD)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines
The Department of Labor (DOL) is submitting this Mine Safety and Health Administration (MSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Records of Tests and of Examinations of Personnel Hoisting Equipment
The Department of Labor (DOL) is submitting this Mine Safety and Health Administration (MSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Comment Request; United States-Mexico-Canada Agreement (USMCA) Web-based Hotline
In compliance with the Paperwork Reduction Act of 1995, the DOL is soliciting public comments regarding this ILAB-sponsored information collection to the Office of Management and Budget (OMB) for review and approval.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Evaluation of National Health Emergency (NHE) Grants To Address the Opioid Crisis
The Department of Labor (DOL) is submitting this Office of the Assistant Secretary for Policy (OASP)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Agency Information Collection Activities; Source Directory of American Indian and Alaska Native Owned and Operated Arts and Crafts Businesses
In accordance with the Paperwork Reduction Act of 1995, we, the Department of the Interior are proposing to renew an information collection.
Defense Commissary Agency Privacy Act Program
This final rule removes DoD's regulation concerning the Defense Commissary Agency Privacy Act Program. On April 11, 2019, the Department of Defense published a revised DoD-level Privacy Program rule, which implements the Privacy Act and establishes an agency-wide privacy program that serves as the single Privacy Program rule for the Department. That revised Privacy Program rule also includes all DoD component exemption rules. Therefore, this part is now unnecessary and should be removed from the CFR.
Sexual Assault Prevention and Response Program Procedures
This final rule removes the Department of Defense's (DoD's) duplicative regulation concerning the Sexual Assault Prevention and Response Program (SAPR) Procedures. On July 15, 2020, DoD published a single revised DoD-level SAPR Program rule, which finalized two previously published interim final rules. The revision deleted all guidance internal to DoD and incorporated from this part those policy provisions directly affecting DoD's obligations to provide sexual assault prevention and response (SAPR) services to certain members of the public who are adult victims of sexual assault. Therefore, this part is now unnecessary and may be removed from the CFR.
National Security Education Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the National Security Education Board will take place.
Department of Defense Military Family Readiness Council; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Department of Defense Military Family Readiness Council (MFRC) will take place.
Revised Non-Foreign Overseas Per Diem Rates
Defense Human Resources Activity is publishing this Civilian Personnel Per Diem Bulletin Number 314. Bulletin Number 314 lists current per diem rates prescribed for reimbursement of subsistence expenses while on official Government travel to Alaska, Hawaii, the Commonwealth of Puerto Rico, and the possessions of the United States. The Fiscal Year (FY) 2020 lodging rate review for Alaska resulted in lodging rate changes in certain locations.
Department of Defense Science and Technology Reinvention Laboratory Personnel Demonstration Project Program
STRLs may implement innovative approaches to attract and retain exceptional talent. The flexibilities described herein allow the STRLs to better manage their workforce and applicant pools by providing: A streamlined approach to receiving applications; an efficient process for determining whether applicants are qualified; flexibility to set an entrance on duty date prior to receipt of an applicant's official transcript; an additional direct hiring authority; a flexible-length and renewable-term appointment authority for positions providing direct support to the STRL; an increase in the maximum student loan repayment amount; and the ability to waive the completion of a background investigation prior to employment in a Special-Sensitive position.
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Overpayment Detection and Recovery Activities
The Department of Labor (DOL) is submitting this Employment and Training Administration (ETA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Proposed Collection; Comment Request
In compliance with the Paperwork Reduction Act of 1995, the Defense Counterintelligence and Security Agency announces a proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.
DoD Policy on Organizations That Seek To Represent or Organize Members of the Armed Forces in Negotiations or Collective Bargaining
This final rule removes the DoD's regulation that prohibits members of the armed forces from being members of a ``military labor organization,'' which is an organization that engages or attempts to engage in negotiations or bargaining on behalf of service members concerning the terms or conditions of military service. The rule restates statute or otherwise contains internal DoD processes wholly contained within DoD internal guidance. Therefore, this part can be removed from the Code of Federal Regulations (CFR).
Fiscal Year 2020 Raw Cane Sugar Tariff-Rate Quota Increase and Extension of Entry Period
The Office of the Secretary of the U.S. Department of Agriculture (the Secretary) is providing notice of an increase in the fiscal year (FY) 2020 raw cane sugar tariff-rate quota (TRQ) of 90,718 metric tons raw value (MTRV) and an extension of the TRQ entry period.
Innovative Technologies and Practices for the Agriculture Innovation Agenda
The United States Department of Agriculture (USDA) is requesting comments and suggestions on the most innovative technologies and practices that can be readily deployed across U.S. agriculture to meet USDA's goal of increasing agricultural production by 40 percent to meet the needs of the global population in 2050 while cutting the environmental footprint of U.S. agriculture in half. This effort is a part of USDA's Agriculture Innovation Agenda (AIA), USDA's commitment to the continued success of American farmers, ranchers, foresters, and producers in the face of current and future challenges. Note: Technologies and practices that have potential to address these AIA goals, but that need substantial development or research before deployment, were captured in the recent USDA request for written stakeholder input published in the Federal Register on April 1, 2020, and open for comment until August 1st, 2020.
User Fees
This final rule removes DoD's regulation that provides instructions to DoD Components on establishing appropriate fees for authorized services supplied by DoD organizations when such services provide special benefits to an identifiable recipient beyond those that accrue to the general public. User fees paid by the public represent either the full cost to the DoD, or the market value of providing the service, resource, or good. The regulation is unnecessary because it restates current law; sets forth internal policy and procedures; and conveys to the public administrative and procedural information that does not require rulemaking. Therefore, this rule is unnecessary and can be removed from the CFR.
Service Academies
This regulatory action removes this part from the Code of Federal Regulations (CFR), as information contained within this rule is an overview of policy and statute that provides guidance and direction to members of the DoD and not members of the public. Therefore, this rule can be removed from the CFR.
Defense Innovation Board; Notice of Federal Advisory Committee Meeting
The DoD is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Innovation Board (DIB) will take place.
Aviation Consumer Protection Advisory Committee Matters
The U.S. Department of Transportation (Department) announces a public meeting of the Aviation Consumer Protection Advisory Committee (ACPAC) on September 24, 2020. Three topics will be discussed at that meeting(1) the report of the National In-Flight Sexual Misconduct Task Force (Task Force), an ACPAC subcommittee; (2) transparency of airline ancillary service fees; and (3) involuntary changes to travel itineraries.
Review and Issuance of Agency Guidance Documents
In a final rule published in the Federal Register on June 3, 2020, and effective on July 6, 2020, we amended the U.S. Department of Agriculture's administrative regulations by adding procedural regulations for the review and issuance of agency guidance documents as mandated by Executive Order. The final rule contained an incorrect email address and a provision that is inconsistent with the Executive Order and other provisions of the final rule. This document addresses those issues.
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