Presenters flag vague standards in OMB proposal that could let policy priorities dictate awards

NYSAC presenters said one theme running through the proposed rule is the introduction of subjective standards and undefined gatekeepers who would make discretionary determinations on awards.

"Under the proposed regulations, for example, a senior appointee... would review discretionary awards, judge partially on, quote, advancing the president's policy priorities, and peer review would only be advisory," Alex Regan said, noting the rule does not define "senior appointee." Presenters said the regulations would allow an applicant's membership or affiliation in certain organizations to be weighted, and that a lack of definitions creates uncertainty for counties and their partners.

The presenters also highlighted proposed policy conditions concerning DEIA, gender-related care for minors and disparate-impact liability, and warned that treating noncompliance with these conditions as violations could trigger cost disallowance or retroactive clawbacks. Westchester committee members asked how counties should navigate conflicts with New York state law and were told to coordinate with the county attorney and NYSAC for guidance.