Office of Management and Budget

News & Analysis as of

The NLRB Fires a Shot Across the Bow of Federal Contractors

The National Labor Relations Board (NLRB) fired off some fireworks of its own just before the Fourth of July weekend. Specifically, the NLRB announced a new procedure to implement Executive Order 13673 Fair Pay and Safe...more

EEOC Revises Controversial Proposed Rule on Pay Data Collection

On July 13, 2016, the Equal Employment Opportunity Commission (“EEOC”) announced its revised proposal to collect pay data through the Employer Information Report (EEO-1). The EEO-1 report is the joint information collection...more

Civil Fines Jump Across Agencies Under Inflation Adjustment Act

Civil fines across federal agencies have recently been increased dramatically under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Sec. 701 of Public Law 114-74), with some more than...more

Details of Mandatory Network Outage Obligations for Submarine Cable Operators Released

As we noted in a prior post, on June 24, 2016, the Federal Communications Commission (Commission) adopted new mandatory network outage reporting requirements for submarine cable licensees. The Commission’s Submarine Cable...more

Fair Pay and Safe Workplaces Executive Order Moving Forward and the NLRB is On Board

Earlier this year, the final rule and guidance regarding President Obama’s controversial Fair Pay and Safe Workplaces (also known as the “Blacklisting”) executive order — which requires companies and organizations seeking...more

President Obama Signs Bill Reforming Freedom of Information Act Requests

On June 30, 2016, President Obama signed a bill into law that seeks to encourage disclosure by agencies and bring the Freedom of Information Act (FOIA) into the digital age. Widely seen as a response to criticism by...more

Agencies announce submission of diversity self-assessments to OMWIs can begin

In a notice to be published in tomorrow’s Federal Register, the CFPB, OCC, Fed, FDIC, SEC, and NCUA announce that the Office of Management and Budget has approved the “information collection” contained in their “Final...more

OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors

On July 1, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) had approved a new version of OFCCP’s Scheduling Letter and Itemized Listing. Such forms are...more

REMINDER – IRS Questions on Form 5500 Not Required to be Answered

Earlier this year, the IRS announced that it had failed to receive Office of Management and Budget approval and that, consequently, certain questions it had added to the Form 5500 series were not required to be answered by...more

OMB Renews OFCCP’s Scheduling Letter and Itemized Listing Until 2019

On July 1, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) renewed the Scheduling Letter and Itemized Listing for three...more

Also In The News - Health Headlines - June 2016 #3

OMB Reviewing Proposal on Handling of 340B Disputes -- On June 15, 2016, the Office of Management and Budget (OMB) started its review of a proposed rule under the 340B discount program, according to the OMB’s website. Under...more

New FCC Lifeline Rules: Effective Dates Clarified Multiple Times But Some Discrepancies Remain

The Lifeline Modernization Order was published in the Federal Register on May 24, making the effective date of the Order June 23, 2016. Most of the rule changes, however, cannot take effect until the Office of Management and...more

Category Management 101: What Every Contractor Needs to Know

You may have heard the term “category management” over the last two years. It has been discussed within agencies, in Congress, in the press, and at industry events. But do you know what it means? Because category management...more

Hospitalitas Newsletter - Summer 2016

In this issue: - Controversial Overtime Rule Comes in For a Landing - What You Need to Know About Hospitality REITs - The Legal Implications of Restaurant-Designed House Brand Craft Beers - FDA Finalizes Revisions...more

Controversial Overtime Rule Comes in For a Landing

After two years of wait, debate and overall angst for employers across the country, the new overtime rules were announced on May 18, 2016, and published in the Federal Register on May 23, 2016. As we discussed in an earlier...more

Proposed Changes to E-Verify

The United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program. USCIS’ Supporting Statement...more

Alert: ED to Propose New Rules for Online Education

Last week, the Department of Education (ED or the Department) submitted to the Office of Management and Budget (OMB) proposed new or amended state authorization regulations. The proposed regulations relate to state...more

Weekly Update Newsletter - June 2016 #2

GOVERNMENT CONTRACTS - OMB Issues Final Guidance for Category Management - Final guidance from the Office of Management and Budget (OMB) last week has accelerated the push for government-wide consolidation of...more

Alert: Rulemaking Panel Proposes Process for Student Debt Forgiveness Under BDTR

This is the third in a series of Cooley client alerts that discuss issues raised during the Borrower Defense to Repayment (BDTR) Negotiated Rulemaking. Our first alert discussed the Negotiated Rulemaking itself, and the...more

Down to the Wire – OMB Approves Changes to FCC Form 481

The FCC announced on May 31 that the Office of Management and Budget (OMB) has approved changes to the FCC Form 481 (Carrier Annual Reporting Data Collection Form), which is due July 1. The revised Form 481 includes a...more

False Claims Act Penalties Set for Significant Increase Later This Year

Liability under the False Claims Act (“FCA”) results in the imposition of treble damages and penalties. Government contractors should be aware that the mandatory penalties for FCA violations may nearly double starting in...more

ABA challenges CFPB use of generic clearance for overdraft research

The American Bankers Association has sent a comment letter to the CFPB challenging the Bureau’s use of the generic clearance process to conduct research in connection with its overdraft rulemaking. The letter was submitted...more

U.S. House of Representatives v. Burwell: A Failure to Appropriate, Not a Failure in Drafting

“A most curious and convoluted argument whose mother was undoubtedly necessity,” wrote Judge Rosemary M. Collyer in describing the argument made by the U.S. Department of Health and Human Services (HHS) to uphold the...more

A lighter touch — Final FAR rule issued on safeguarding contractor information systems

On Monday, May 16, 2016, the FAR Council is expected to issue its long- awaited final FAR rule ("the Final Rule") on safeguarding contractor information systems. This rule, effective immediately, creates a new contract...more

Is Today Overtime D-Day?

May 16th may be a significant day for employers across the country. After more than two years of debate, analysis and overall panic from employers across the country, this is the deadline that was widely reported when the...more

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