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document_number title type abstract publication_date pub_year pub_month html_url pdf_url agency_names agency_ids excerpts
00-31881 Proposed Revision to OMB Guidance on Implementation of FAIR Act Notice The Office of Management and Budget (OMB) publishes a request for agency and public comments on a proposed technical change to the OMB Circular A-76 Revised Supplemental Handbook to clarify the scope of the challenge-and-appeals process that is available under the Federal Activities Inventory Reform Act of 1998 (Pub. L. 105-270) (the "FAIR Act"). The FAIR Act requires each Federal agency to submit to OMB, annually, a "list" (inventory) of all its activities that "are not inherently governmental functions" (i.e., activities that are "commercial" in nature) and that are performed by Federal employees. Under the FAIR Act, OMB reviews each agency's list and consults with the agency regarding its content. Upon the completion of this review and consultation, the agency transmits a copy of the inventory to Congress and makes the inventory available to the public. An "interested party," as defined by the FAIR Act, may then submit to the agency a challenge (and, if that is denied, an appeal) "of an omission of a particular activity from, or an inclusion of a particular activity on," the agency's inventory. The agency must respond to the challenge (and appeal), and the agency must notify Congress of any changes to the inventory and must make them publicly available. In June 1999, OMB issued guidance on the FAIR Act, through revisions to OMB's Circular A-76 and its Revised Supplemental Handbook. 64 FR 33927 (June 24, 1999). This guidance addressed, among other things, the scope of the FAIR Act's challenge-and-appeal process. Recently, OMB issued a revision to its FAIR Act guidance, regarding the timetable for the FAIR Act's challenge-and-appeal process. 65 FR 54568 (September 8, 2000). OMB is requesting public and agency comment on a further revision to OMB's guidance on the FAIR Act. The purpose of the proposed revision is to provide additional clarification regarding the scope of the statutory challenge-and-appeal process. Although Congress in the FAIR Act clearly defined the scope of that process, and OMB provided guidance on this point in June 1999, the General Accounting Office in a recent report found that a significant number of "interested parties" submitted challenges and appeals (regarding the 1999 FAIR Act inventories) on matters for which Congress had not authorized challenges and appeals. OMB hopes, by providing additional clarification, to eliminate any confusion that may still exist about the scope of the challenge-and-appeal process that Congress established in the FAIR Act. 2000-12-14 2000 12 https://www.federalregister.gov/documents/2000/12/14/00-31881/proposed-revision-to-omb-guidance-on-implementation-of-fair-act https://www.govinfo.gov/content/pkg/FR-2000-12-14/pdf/00-31881.pdf Management and Budget Office 280 The Office of Management and Budget (OMB) publishes a request for agency and public comments on a proposed technical change to the OMB Circular A-76 Revised Supplemental Handbook to clarify the scope of the challenge-and-appeals process that is...

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