HHS Proposes Oral Fluid Drug Testing Revisions; Census Bureau Seeks OMB Clearance for Survey Research

HHS Proposes Revisions to Oral Fluid Drug Testing Guidelines

The Department of Health and Human Services is proposing to revise the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid (OFMG), which were last published on October 12, 2023. Public comments on the proposed revisions must be submitted on or before December 28, 2026.

According to the notice, the proposed revisions would accomplish several distinct changes: clarify the types of laboratories that may be certified to conduct testing for federal agency workplace drug testing programs; reflect the Department's decision to publish the Authorized Drug Testing Panels only when revised rather than each year; revise the initial test batch quality control requirements for laboratories; and allow a split testing laboratory to test for any HHS-authorized biomarker to reconfirm substitution based on a biomarker test. The notice states that some wording changes have also been made for clarity and for consistency with the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Urine (UrMG), or to apply to any authorized specimen type, and to clarify direct observed collection procedures.

The document explains that HHS holds authority under Section 503 of Public Law 100-71, 5 U.S.C. 7301, and Executive Order No. 12564 to establish scientific and technical guidelines for Federal Workplace Drug Testing Programs and to set standards for certification of laboratories engaged in drug testing for federal agencies. Using data from the Federal Workplace Drug Testing Programs and HHS-certified laboratories, the Department estimates that 275,000 urine specimens are tested annually by federal agencies. The notice states that no laboratories have been certified to test oral fluid at this time.

Among the specific proposed structural changes, the Department has deleted the term "Gender Identity" and its definition from Section 1.5 to enhance the clarity of direct observed collection procedures. The definition of "Laboratory" has been updated to clarify that the Department may certify laboratories that test split (B) specimens only and/or conduct additional drug or specimen validity tests, in addition to certifying laboratories to conduct all required testing of primary (A) and split (B) specimens. The definition of "Substituted Specimen" has been edited to refer to a test for an HHS-authorized biomarker rather than specifically referring to the Biomarker Testing Panel. The notice also states that the Department is concurrently publishing a separate Federal Register notice proposing revisions to the UrMG, including the same or similar revisions proposed for the OFMG where appropriate.

Census Bureau Seeks OMB Clearance for Business Survey Research

The U.S. Census Bureau is submitting a new information collection request — OMB Control Number 0607-NEW — to the Office of Management and Budget for review and clearance under the Paperwork Reduction Act of 1995. The notice, published October 29, 2026, allows 30 days for public comment, following a prior 60-day comment period opened on August 1st, 2025 (90 FR, pp. 36129-36131).

The notice explains that the Census Bureau has faced the challenge of declining response rates across its business surveys and is actively seeking innovative approaches to ensure the continued collection of critical economic statistics. The Bureau states that it intends to use data collected through alternative approaches to maximize utility, enhance timeliness of statistical products, improve data consistency, reduce operational costs, and ensure privacy and confidentiality. The generic clearance would allow the Bureau to research alternative methods for companies to provide data for business surveys and to assess the suitability and feasibility of reporting survey data via alternative data sources, such as submitting non-standard files or automated reporting.

The Bureau is taking a phased approach. Phase 1, already underway, focused on determining whether respondents would be willing and able to respond to surveys by submitting non-standard data files directly; the Bureau conducted initial discussions with 100-125 companies during this phase. The notice states that between 50-70 of those companies provided test files for review, and approximately 15-30 provided sufficient data to be removed from the standard survey collection process for at least one survey. The projected number of respondents is 125 in Phase 1, 180 in Phase 2, and 500 in Phase 3, with average response times of 1 hour 47 minutes, 1 hour 30 minutes, and 3 hours 0 minutes respectively, for a total estimated burden of 1,993 hours.

NIH Clinical Center Research Hospital Board: Three Upcoming Public Meetings

The National Institutes of Health has published notices for three upcoming hybrid meetings of the NIH Clinical Center Research Hospital Board (CCRHB), to be held in-person and virtually. All three are scheduled from 9:00 a.m. to 1:00 p.m. at NIH Building 31, Conference Room 6C02 A & B, 9000 Rockville Pike, Bethesda, MD 20892, and will be accessible via NIH Videocast. Each meeting's agenda covers NIH and Clinical Center Leadership Announcements, a CEO Update of Recent Activities and Organizational Priorities, and Other Business of the CCRHB.

What to Watch

• December 28, 2026 — Deadline for public comments on HHS's proposed revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs using Oral Fluid (OFMG).
• ~30 days from October 29, 2026 — Close of the additional 30-day public comment period for the Census Bureau's generic clearance request (OMB Control Number 0607-NEW) for research into company alternative reporting options.
• February 19, 2027 — NIH Clinical Center Research Hospital Board hybrid meeting.
• June 25, 2027 — NIH Clinical Center Research Hospital Board hybrid meeting.
• October 15, 2027 — NIH Clinical Center Research Hospital Board hybrid meeting.

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