The Federal Activities Inventory Reform (FAIR) Act directs Federal agencies to issue each year an inventory of all commercial activities performed by Federal employees. OMB reviews each agency’s commercial activities inventory and consults with the agency regarding content. Upon the completion of this review and consultation, the agency is required to transmit a copy of the FAIR Act Inventory of Commercial Activities to the Congress and make it available to the public. The FAIR Act then establishes a limited administrative challenge and appeals process under which an interested party may challenge the omission or the inclusion of a particular activity on the inventory as a commercial activity.
In addition to meeting the FAIR Act requirements, agencies are also required by OMB Circular A-76 to issue each year an inventory of their inherently governmental activities performed by Federal employees.
Review and Publication
In accordance with Section 2 of the FAIR Act, OMB will review the Agency’s inherently and commercial activities inventory and consult with the BBG regarding its content. After this review is completed, OMB will publish a notice in the Federal Register stating that the inventory is available to the public. Once the notice is published, the BBG will transmit a copy of the detailed Inherently and Commercial Activities Inventory to Congress and make the materials available to the public through the Agency’s website.