Introduced in 2003 by amendment to the Fair Credit Reporting Act of 1970 (FCRA), the identity theft red flags rule (Red Flags Rule) required the Federal Trade Commission (FTC) to issue rules that require certain regulated entities to implement programs designed to detect against, prevent and mitigate identity theft. I
Politico’s Libby Nelson, in today’s “Morning Education” email (and in a tweet on Black Friday) reports that the U.S. Department of Education “has scheduled its third session of negotiated rule-making on the ‘gainful employment’ rule for Dec. 13 from 9 a.m. to 5 p.m. at the Education Department’s 1990 K St. offices, according to an email sent to negotiators Friday.”
The Contract Disputes Act imposes a six-year statute of limitations on all claims, whether they are asserted by the contractor or by the Government. See 41 U.S.C. § 7103(a)(4)(A).
Monday Morning Regulatory Review: Obamacare, Tax Exempt Organizations, Social Cost of Carbon, and Litigation Management
The Administration made major and often unheralded moves last week on several different issues that deserve highlighting. The success or failure of the Obamacare website may have dominated the general and political news media, but lurking behind that behemoth political risk the Administration moved with haste to finalize and publish massive new Obamacare / Medicare / Medicaid regulations.
Department of Defense Publishes Final Rule Requiring All Contractors and Subcontractors to Safeguard Unclassified Controlled Technical Information
On November 18, 2013, the Department of Defense (DoD) published a Final Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for safeguarding unclassified controlled technical information. This rule has been in development for over two years with DoD originally publishing a rule-making Notice on March 3, 2010, and a Proposed Rule on June 29, 2011. The Proposed Rule would have created two categories of security protections: “Basic” and “Enhanced.” We summarized the Proposed Rule in a Client Alert in July 2011 here. After receiving extensive industry comments, DoD amended the Proposed Rule to limit the categories of covered information and require only one level of security protection.
The Office of Management and Budget (OMB) Office of Information and Regulatory Affairs (OIRA) released the Fall 2013 Current Regulatory Plan and the Unified Agenda of Regulatory and Deregulatory Actions on November 26, 2013. Many of the rulemakings are “old hat” and have appeared in the plan and agenda many times – illustrating the fundamental issue of relevancy and currency – but OIRA Administrator Howard Shelanski has succeeded in putting the semi-annual publication back on a timely track.
Many federal contractors were forced to temporarily stop work during the recent government shutdown, which lasted more than two weeks. In some cases, the government may have formally issued a “Stop Work Order” in response to the shutdown.
Thanksgiving week is always hectic! Americans everywhere stalking the Black Friday advertisements and designating the right cousin to hold our place in line outside of Best Buy while shopping for canned cranberry sauce and the perfect “brined” turkey.
The United States Supreme Court (SCOTUS) announced today that it will hear two cases raising questions of whether the Administration has adequately respected a business owner’s freedom of religion in the Obamacare (Patient Protection and Affordable Care Act or PPACA) regulations when it required that employers provide no cost preventive contraceptive care in employee health insurance: Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties v. Sebelius.
Early Holiday Gift to Small Business Subcontractors: Final Rule Issued Regarding Accelerated Payments
Yesterday the DoD, GSA, and NASA issued a final rule amending the FAR “by incorporating a new clause to provide accelerated payments to small business subcontractors.”