Compliance Alert – October 2024

• October 21st, 2024
• in Compliance, Newsletter

Final Rules

Rules Governing Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board

The United States Patent and Trademark Office (Office or USPTO) modifies its rules of practice governing amendment practice in trial proceedings under the Leahy-Smith America Invents Act (AIA) to make permanent certain provisions of the Office’s motion to amend pilot program (MTA pilot program) and to revise the rules that allocate burdens of persuasion in connection with motions to amend (MTAs). These rules provide a patent owner with the option of issuance of preliminary guidance in response to an MTA and the option of filing one additional revised MTA. Further, these rules clarify that a preponderance of evidence standard applies to any new ground of unpatentability raised by the Board, and that when exercising the discretion to grant or deny an MTA or to raise a new ground of unpatentability, the Board may consider all evidence of record in the proceeding. The rules further provide that the Board may consider information identified in response to a Board-initiated request for examination assistance, and that the results of that assistance will be added to the record. The rules better ensure the Office’s role of issuing robust and reliable patents, and the predictability and certainty of post-grant trial proceedings before the Board. These rules relate to the Office trial practice for inter partes review (IPR), post-grant review (PGR), and derivation proceedings that implemented provisions of the AIA providing for trials before the Office.

Federal Agency: Patent Trial and Appeal Board, United States Patent and Trademark Office, Department of Commerce

Affected Area: Patent and Trademarks

Effective: 10/18/2024

Requirements Related to the Mental Health Parity and Addiction Equity Act

This document sets forth final rules amending regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and adding new regulations implementing the nonquantitative treatment limitation (NQTL) comparative analyses requirements under MHPAEA, as amended by the Consolidated Appropriations Act, 2021 (CAA, 2021). Specifically, these final rules amend the existing NQTL standard to prohibit group health plans and health insurance issuers offering group or individual health insurance coverage from using NQTLs that place greater restrictions on access to mental health and substance use disorder benefits as compared to medical/surgical benefits. As part of these changes, these final rules require plans and issuers to collect and evaluate relevant data in a manner reasonably designed to assess the impact of NQTLs on relevant outcomes related to access to mental health and substance use disorder benefits and medical/surgical benefits and to take reasonable action, as necessary, to address material differences in access to mental health or substance use disorder benefits as compared to medical/surgical benefits. These final rules also amend existing examples and add new examples on the application of the rules for NQTLs to clarify and illustrate the requirements of MHPAEA. Additionally, these final rules set forth the content requirements for NQTL comparative analyses and specify how plans and issuers must make these comparative analyses available to the Department of the Treasury (Treasury), the Department of Labor (DOL), and the Department of Health and Human Services (HHS) (collectively, the Departments), as well as to an applicable State authority, and to participants, beneficiaries, and enrollees. Finally, HHS finalizes regulatory amendments to implement the sunset provision for self-funded non-Federal governmental plan elections to opt out of compliance with MHPAEA, as adopted in the Consolidated Appropriations Act, 2023 (CAA, 2023).

Federal Agency: Internal Revenue Service, Department of the Treasury; Employee Benefits Security Administration, Department of Labor; Centers for Medicare & Medicaid Services, Department of Health and Human Services.

Affected Area: HR

Effective: 11/22/2024

Defense Federal Acquisition Regulation Supplement: Data Universal Numbering System to Unique Entity Identifier Transition (DFARS Case 2022-D023)

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to align the DFARS with the Federal Acquisition Regulation (FAR) transition from the Data Universal Numbering System to the unique entity identifier in the System for Award Management.

Federal Agency: Defense Acquisition Regulations System, Department of Defense (DoD)

Affected Area: Procurement

Effective Date: 10/1/2024

Rules Governing Director Review of Patent Trial and Appeal Board Decisions

The United States Patent and Trademark Office (USPTO or Office) is adding a new rule to govern the process for the review of Patent Trial and Appeal Board (PTAB or Board) decisions in Leahy-Smith America Invents Act (AIA) proceedings by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director). The new rule promotes the accuracy, consistency, and integrity of PTAB decision-making in AIA proceedings.

Federal Agency: United States Patent and Trademark Office, Department of Commerce

Affected Area: Patents and Trademarks

Effective Date: 10/31/2024

Health and Human Services Adoption of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

The Department of Health and Human Services (HHS) adopts with this rule OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, to include 12 existing HHS-specific modifications. This rule also repeals HHS’ existing regulations governing the administration of HHS financial assistance awards. The existing HHS-specific modifications are described in the rule’s preamble. Additionally, the rule will correct citations throughout all relevant HHS regulations.

Federal Agency: Department of Health and Human Services

Affected Area: ORED

Effective Date: 10/1/2024 for amendatory instruction 2; and 10/1/2025 for the remainder

Updates to Floodplain Management and Protection of Wetlands Regulations To Implement the Federal Flood Risk Management Standard; Correction

On July 11, 2024, the Federal Emergency Management Agency (FEMA) published a final rule implementing the Federal Flood Risk Management Standard (FFRMS), updating the agency’s 8-step decision-making process for floodplain reviews by changing how FEMA defines a floodplain with respect to certain actions and how FEMA uses natural systems, ecosystem processes, and nature-based approaches when developing alternatives to locating a proposed action in the floodplain. The rule contained two errors which this document corrects.

Federal Agency: Federal Emergency Management Agency, Department of Homeland Security

Affected Area: Campus Development

Effective Date: 10/10/2024

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Proposed Rules

Federal Motor Vehicle Safety Standards; Pedestrian Head Protection, Global Technical Regulation No. 9; Incorporation by Reference

NHTSA proposes a new Federal Motor Vehicle Safety Standard (FMVSS) that would ensure passenger vehicles with a gross vehicle weight rating (GVWR) of 4,536 kilograms (kg) (10,000 pounds (lb)) or less are designed to mitigate the risk of serious to fatal injury in child and adult pedestrian crashes. The proposed standard would establish test procedures simulating a head-to-hood impact and performance requirements to minimize the risk of head injury. This NPRM is based on a Global Technical Regulation (GTR) on pedestrian protection, with focused enhancements to address safety problems and a regulatory framework unique to the United States.

Federal Agency: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT)

Affected Area: Campus

Comments Due: 11/18/2024

HHS Acquisition Regulation: Regulatory Review

The Department of Health and Human Services (HHS) is proposing to amend and update its Health and Human Services Acquisition Regulation (HHSAR) to update and streamline the HHSAR. Under this initiative, all parts of the regulation were reviewed to streamline the regulation, to revise or remove policy superseded by changes in the Federal Acquisition Regulation (FAR), to remove any procedural guidance that is internal to HHS into a new HHS Acquisition Manual (HHSAM) as internal policies, guidance, and instructions. The rule would add new coverage to implement agency unique requirements. The HHSAR would also be updated to reflect organizational changes in the Department, incorporate recent statutory changes and government mandates, and to accomplish editorial revisions for clarification.

Federal Agency: Department of Health and Human Services

Affected Area: UMC

Comments Due: 12/2/2024

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Notices

2024-2025 Award Year Deadline Dates for Reports and Other Records Associated With the Free Application for Federal Student Aid (FAFSA), the Federal Supplemental Educational Opportunity Grant Program (FSEOG) Program, the Federal Work-Study (FWS) Program, the Federal Pell Grant (Pell Grant) Program, the William D. Ford Federal Direct Loan (Direct Loan) Program, and the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program

The Secretary announces deadline dates for the receipt of documents and other information from applicants and institutions participating in certain Federal student aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), for the 2024-2025 award year. These programs, administered by the Department of Education (Department), provide financial assistance to students attending eligible postsecondary educational institutions to help them pay their educational costs.

The Federal student aid programs (title IV, HEA programs) covered by this deadline date notice are the Pell Grant, Direct Loan, TEACH Grant, and Campus-Based (FSEOG and FWS) programs. Assistance Listing Numbers: 84.007 FSEOG Program; 84.033 FWS Program; 84.063 Pell Grant Program; 84.268 Direct Loan Program; and 84.379 TEACH Grant Program.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

Agency Information Collection Activities; Proposed Collection; Comment Request; Labeling Requirements for Prescription Drugs

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed revision of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on information collection associated with labeling requirements for prescription drugs.

Federal Agency: Food and Drug Administration, HHS

Affected Area: UMC, SHC

Comments Due: 11/18/2024

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Federal Student Loan Program Deferment Request Forms

These forms serve as the means by which borrowers in the William D. Ford Federal Direct Loan (Direct Loan), Federal Family Education Loan (FFEL) and the Federal Perkins Loan (Perkins Loan) Programs may request deferment of repayment on their loans if they meet certain statutory and regulatory criteria. The U.S. Department of Education and other loan holders uses the information collected on these forms to determine whether a borrower meets the eligibility requirements for the specific deferment type being submitted. For greater simplicity and to make it easier to maintain consistency among the various forbearance forms, the Department is consolidating all the current forbearance forms into a single collection under OMB No. 1845-0011. This collection is merging the six currently approved deferment forms in 1845-0011 with the military deferment form currently approved under 1845-0080 and the cancer treatment deferment form currently approved under 1845-0154.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 10/23/2024

New Agency Information Collection Activity Under OMB Review: Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes

Beginning May 7, 2025, the REAL ID regulations prohibit Federal agencies from accepting, for official purposes, driver’s licenses or identification cards that are not compliant with REAL ID requirements.^[1] In December 2020, the REAL ID Modernization Act clarified that mobile or digital driver’s licenses or identification cards (collectively “mobile driver’s licenses” or “mDLs”), are subject to REAL ID requirements.^[2] This Act also amended the definitions of “driver’s license” and “identification card” to specifically include mDLs that have been issued in accordance with regulations prescribed by the Secretary. The REAL ID Act was enacted, and DHS regulations issued, before the development of mDLs. As a result, many of the current regulation’s security requirements for physical cards, such as physical security features to deter fraud and tampering, do not apply to mDLs. In the absence of regulatory requirements to address mDLs, States are unable to issue REAL ID-compliant mDLs. TSA has initiated a two-phased rulemaking to address this gap. The first phase enables States to apply to TSA for a temporary waiver of certain requirements in the regulations. In the second phase, TSA would repeal the waiver provisions established in the first phase and establish comprehensive requirements enabling States to issue mDLs that comply with REAL ID requirements. In August 2023, TSA published a notice of proposed rulemaking (NPRM) ^[3] to amend the DHS REAL ID regulations as part of the multi-phased approach to address mDLs. The NPRM proposed to waive, on a temporary and State-by-State basis, the regulatory requirement that mDLs must be compliant with REAL ID requirements to be accepted by Federal agencies for official purposes. The NPRM proposed the process and standards for the waiver to permit Federal agencies, at their discretion, to continue accepting for official purposes mDLs after May 7, 2025, if the mDL is issued by a State to whom TSA has issued a waiver.

Federal Agency: Transportation Security Administration, DHS

Affected Area: Campus

Comments Due: 10/23/2024

Federal Student Loan Program Deferment Request Forms; Correction

On September 23, 2024, a request for a 30-day public comment period was published in the Federal Register . The abstract incorrectly included language about forbearances when the collection request is about deferments. The corrected abstract should read: These forms serve as the means by which borrowers in the William D. Ford Federal Direct Loan (Direct Loan), Federal Family Education Loan (FFEL) and the Federal Perkins Loan (Perkins Loan) Programs may request deferment of repayment on their loans if they meet certain statutory and regulatory criteria. The U.S. Department of Education and other loan holders uses the information collected on these forms to determine whether a borrower meets the eligibility requirements for the specific deferment type being submitted. For greater simplicity and to make it easier to maintain consistency among the various deferment forms, the Department is consolidating all the current deferment forms into a single collection under OMB No. 1845-0011. This collection is merging the six currently approved deferment forms in 1845-0011 with the military deferment form currently approved under 1845-0080 and the cancer treatment deferment form currently approved under 1845-0154. The Department is requesting a revision of the currently approved deferment forms. The proposed changes include the following: Updating the forms by eliminating duplicative and obsolete information; reordering items to present information in a more logical order that is consistent between forms; using “plain language” to present information more clearly and consistently; revising language as necessary to reflect regulatory changes made by the Final Rule published on November 1, 2022. The PRA Coordinator, Strategic Collections and Clearance, Office of the Chief Data Officer, Office of Planning, Evaluation and Policy Development, hereby issues a correction notice as required by the Paperwork Reduction Act of 1995.

Federal Agency: Department of Education (ED), Federal Student Aid (FSA)

Affected Area: Student Financial Aid

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Federal Student Loan Program: Internship/Residency and Loan Debt Burden Forbearance Forms

These forms serve as the means by which borrowers in the William D. Ford Federal Direct Loan (Direct Loan), Federal Family Education Loan (FFEL) and the Federal Perkins Loan (Perkins Loan) Programs may request forbearance of repayment on their loans if they meet certain conditions. The U.S. Department of Education and other loan holders uses the information collected on these forms to determine whether a borrower meets the eligibility requirements for the specific type of forbearance. The Service forbearance (SERV Forb) and the Student Loan Debt forbearance (SLDB Forb) forms are currently approved under OMB No. 1845-0018. The General forbearance (GEN Forb) form is currently approved under OMB No. 1845-0031. For greater simplicity and to make it easier to maintain consistency among the various forbearance forms, the Department is consolidating the two current collections into a single collection under OMB No. 1845-0018. This review request merges the number of respondents/responses/burden hours for both collections.

Federal Agency: Department of Education (ED), Federal Student Aid (FSA)

Affected Area: Student Financial Aid

Comments Due: 10/30/2024

Agency Information Collection Activities; Comment Request; Servicemembers Civil Relief Act (SCRA): Interest Rate Limitation Request

The Servicemembers Civil Relief Act (SCRA) provides that those on active-duty military service are entitled to have an interest rate in excess of 6% be capped at 6% for the duration of their qualifying military service. The Department is requesting an extension of the currently approved information collection. These Federal Family Education Loan (FFEL) Program and Direct Loan Program regulations have not changed. The regulations require a loan holder to match its database against the Department of Defense’s Defense Manpower Data Center (DMDC) and automatically apply the interest rate limitation, as appropriate, to borrowers under the Servicemembers Civil Relief Act. The form in this collection would only be used in limited cases where the borrower is not found in the Defense Manpower Data Center, or does not have a copy of military orders, but still wishes to receive benefits under the SCRA.

Federal Agency: Department of Education (ED), Federal Student Aid (FSA)

Affected Area: Student Financial Aid

Comments Due: 11/29/2024

Minimum Wage for Federal Contracts Covered by Executive Order 13658, Notice of Rate Change in Effect as of January 1, 2025

The Wage and Hour Division (WHD) of the U.S. Department of Labor (the Department) is issuing this notice to announce the applicable minimum wage rate for workers performing work on or in connection with Federal contracts covered by Executive Order 13658, Establishing a Minimum Wage for Contractors (the Executive Order or the order), beginning January 1, 2025. Beginning on that date, the Executive Order 13658 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $13.30 per hour, while the required minimum cash wage that generally must be paid to tipped employees performing work on or in connection with covered contracts will increase to $9.30 per hour. Covered contracts that are entered into on or after January 30, 2022, or that are renewed or extended (pursuant to an option or otherwise) on or after January 30, 2022, are generally subject to a higher minimum wage rate established by Executive Order 14026 of April 27, 2021, Increasing the Minimum Wage for Federal Contractors.

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: Campus

Effective Date: 1/1/2025

Minimum Wage for Federal Contracts Covered by Executive Order 14026, Notice of Rate Change in Effect as of January 1, 2025

The Wage and Hour Division (WHD) of the U.S. Department of Labor (the Department) is issuing this notice to announce the applicable minimum wage rate for workers performing work on or in connection with Federal contracts covered by Executive Order 14026, Increasing the Minimum Wage for Federal Contractors (the Executive Order or the order). Beginning on January 1, 2025, the Executive Order 14026 minimum wage rate that generally must be paid to workers performing work on or in connection with covered contracts will increase to $17.75 per hour. This minimum wage rate will apply to non-tipped and tipped employees alike. Contracts similar to those covered by Executive Order 14026 that were entered into, renewed, or extended prior to January 30, 2022, are generally subject to a lower minimum wage rate established by Executive Order 13658 of February 12, 2014, Establishing a Minimum Wage for Contractors.

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: Campus

Effective Date: 1/1/2025

Notice of Inventory Completion: University of Alabama Museums, Tuscaloosa, AL

In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of Alabama Museums has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.

Federal Agency: National Park Service, Department of the Interior

Affected Area: Museums

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Federal Student Aid (FSA) Partner Connect System and User Access Management

This is a request for a new information collection. Federal Student Aid (FSA) Partner Connect will be replacing Student Aid internet Gateway (SAIG) Enrollment via fsawebenroll.ed.gov. SAIG Mailboxes will remain as the access point for electronically transmitting and receiving data. FSA Partner Connect System and User Access Management allows authorized entities, including postsecondary educational institutions, institutional third-party servicers, guaranty agencies and guaranty agency (GA) servicers, Federal Family Education Loan Program (FFELP) lenders and lender servicers, federal loan servicers, and State Higher Education Agencies, to exchange data electronically with the U.S. Department of Education (Department). In order to participate, each entity must enroll for system and service access through FSA Partner Connect ( fsapartners.ed.gov). The enrollment process enables the organization enrolling to create new users and select services to receive, submit, view, and/or update student financial aid data online and by batch using Department provided software EDconnect (PC-based software) or TDClient (client software for multiple environments). As authorized by the Higher Education Act of 1965, as amended (HEA); 20 U.S.C. 1070 et seq., and in order to manage the Title IV, HEA assistance programs, the entities listed above may electronically transmit and receive data from the following FSA systems through SAIG Mailboxes by enrolling through FSA Partner Connect:

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 11/7/2024

Agency Information Collection Activities; Comment Request; Student Assistance General Provisions-Readmission for Servicemembers

The Department of Education (the Department) is requesting an extension without change of the current recordkeeping information collection. There has been no change in either the statute as provided by the Higher Education Act of 1965, as amended (HEA) or in the regulations. The regulations identify the requirements under which an institution must readmit servicemembers with the same academic status they held at the institution when they last attended (or were accepted for attendance). The regulations require institutions to charge readmitted servicemembers, for the first academic year of their return, the same institutional charges they were charged for the academic year during which they left the institution (see section 484C of the HEA).

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 12/9/2024

Consolidated Annual Report (CAR) for the Carl D. Perkins Career and Technical Education Act of 2006; Correction

On September 11, 2024, the 60-day comment period published in the Federal Register (FRN Vol. 89, No. 176, pages 73638-9) for the proposed revised information collection, Consolidated Annual Report (CAR) for the Carl D. Perkins Career and Technical Education Act of 2006, with an end date of November 12, 2024. An error was made to the Docket No.: ED-2024-SCC-0112 posting with the current instrument version of the Perkins V Consolidated Annual Report. Approximately two weeks after the publication on September 23, 2024, ED corrected this error and posted the correct version of the instrument, Perkins V Consolidated Annual Report 1830-0569 revision to the record. As a result, the Department is extending the public comment period two weeks. The new end date of the comment period is November 26, 2024.

Federal Agency: Department of Education (ED), Office of Career, Technical, and Adult Education (OCTAE)

Affected Area: Student Financial Aid

Comments Due: 11/26/2024

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Items of Interest

Survey: When Should College Students Use AI? They’re Not Sure

Data from Inside Higher Ed’s 2024 Student Voice survey shows that three in 10 students are not clear on when they’re permitted to use generative artificial intelligence in their coursework. Higher ed experts say AI policies should be led by faculty members, considering institutional values.

Increasing Student Motivation Through Assignment Choice

Assignments are a crucial part of the learning experience for students. Yet, surprisingly, there are relatively few professional development resources or conference sessions on how to design assignments that will engage and motivate students. Many focus on aligning assignments with outcomes and conveying assignments clearly and transparently, but little attention has been given to allowing choice in assignments and how that can help increase student learning.

Ed Blum Puts Colleges ‘On Notice’ Over Diversity

The affirmative action foe threatened to sue three colleges for allegedly defying the Supreme Court’s race-conscious admissions ban. Should others prepare for the worst?

Could a Wealth-Based Pell Grant Close Racial Gaps in Student Debt?

A new report argues a $17 billion investment in a grant program will meet unaddressed financial aid needs for Black and brown students.

SEC Charges 12 Municipal Advisors with Recordkeeping Violations

The Securities and Exchange Commission today announced charges against 12 municipal advisors for failures by the firms and their personnel to maintain and preserve certain electronic communications. The firms agreed to pay combined civil penalties of more than $1.3 million to settle the SEC’s charges.

It’s Past Time to Allow Paid Field Placements

Few institutions are slower to change than the legal profession and higher education. But a remarkable transformation is happening across law schools nationwide—most are now allowing students to earn money and academic credit for field placement work. And they have the American Bar Association to thank for it.

Research misconduct claims are growing. Will new rules help universities investigate?

Amid a steady rise in research misconduct allegations over the past decade, the Department of Human Health and Services last week updated its guidance on how universities and other institutions investigate claims. It’s a move that experts say is a step in the right direction — though many warn that more systemic change is needed to address mounting concerns over data manipulation and other issues in the sciences.

The Long-Awaited FAFSA Autopsy Is Here

A new government investigation dissects the federal aid form’s botched rollout. It paints a familiar picture of bureaucratic bungling, with some telling new details.

How Much Do Students Really Read?

Students are turning to YouTube, podcasts and ChatGPT-crafted summaries rather than actually reading their assignments for class. Professors are unsure how to adapt.

The View from the FAFSA Trenches

A government investigation offered a look behind the scenes of the federal aid fiasco this week. Financial aid professionals say it confirmed their most cynical suspicions.

Federal Anti-Hazing Bill Heads to Senate

The bipartisan Stop Campus Hazing Act would require institutions to include hazing incidents in their annual security reports, implement hazing-prevention programming and publish their hazing policies online, along with information about which student organizations have a history of hazing incidents.

Miles College to Buy Birmingham-Southern Campus

Miles College has signed an agreement to buy the 192-acre campus of Birmingham-Southern College—which closed abruptly earlier this year due to financial issues—Al.com reported.

Long-Awaited Changes to Research Misconduct Rules Have Arrived

On 12 September 2024, the Office of Research Integrity (ORI) within the US Department of Health and Human Services (HHS) issued a final rule (Final Rule) that significantly modified the standards, procedures, and requirements for research misconduct proceedings housed at 42 C.F.R. Part 93 (Part 93)—a rule that that has not been amended since it was first codified in 2005. Part 93 specifically governs alleged research misconduct – i.e. falsification, fabrication or plagiarism – in research funded by a Public Health Service (PHS) agency, whichh includes the National Institutes of Heal– (NIH), the Centers for Medicare & Medicaid Services (CMS), and other HHS grantmaking agencies.

California Enacts Sweeping Legacy Ban

The state became the second to prohibit legacy preferences at both public and private institutions. It’s the most consequential legacy legislation to date.

Removal of On-Campus Voting on Election Day Sparks Uproar at Purdue

Employees and students must vote off campus in November for the first time in years. Voting groups say such changes are a common, albeit subtle, form of voter suppression.

A Grad Degree Can Be a Risky Bet

As emerging data shows that taking out loans to earn a graduate degree doesn’t always pay off, policy experts call for even stronger regulation of graduate schools.

Higher Ed Censorship Becoming More Discreet, PEN Reports

A review of 2024 legislation shows more bills attempting to attack classroom learning indirectly and couch censorship in uncontroversial language.

ACE Tells Presidential Candidates, ‘Higher Education Builds America’

In a full-page ad in The New York Times, the American Council on Education addressed both presidential candidates and made its case for higher ed. Here’s why.

Has the OPM Market Already Imploded?

A new report shows institutions are turning away from beleaguered online program managers en masse. Is it the end of the road for a once-thriving sector?

State Lawmakers Call for Rethinking Federal Role in Higher Ed

The task force, a group of lawmakers from 32 states, wants states and the federal government to work together more to make college a better return on investment.

Chegg Accused of Breaching Australia’s Anti-Cheating Law

U.S.-based education support site taken to court by regulator in first test of nascent legislation.

Employers Say Students Need AI Skills. What If Students Don’t Want Them?

Colleges and universities are considering new ways to incorporate generative AI into teaching and learning, but not every student is on board with the tech yet. Experts weigh in on the necessity of AI in career preparation and higher education’s role in preparing students for jobs of the future.

Why Students Are Disrupting Career Fairs

Pro-Palestinian students at Harvey Mudd College, Tufts University, and others have protested the presence of certain companies at recent career fairs.

Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
9/25/2024	Human Resources	Susan Norton	Employee Handbook	9/25/2024	Revised Policy: Updated the handbook to comply with recent changes in state law.
9/30/2024	Student Life	Rosalind Moore	Student Organization Campus Event Policy	9/30/2024	Revised Policy: Added language to define special events.
9/30/2024	Academic Affairs	James Dalton	Faculty Handbook	9/30/2024	Revised Policy: Updated to reflect new division name and changes to the composition of University standing committees.
10/1/2024	Compliance Risk Services	Cheryl Mowdy	Student Organization Construction Project Policy	10/1/2024	Revised Policy: Updated to comply with recent changes in state law.
10/2/2024	Shared Administrative Services	Alexandria Taylor	Campus Mail, Student Mail & Package Service Policy	10/2/2024	Revised Policy: Policy language was updated to include more specific language in regard to prohibited items and abandoned mail/packages. Also added in language in regard to the Campus Mail Summer Storage program.

Compliance Alert – September 2024

• September 17th, 2024
• in Compliance, Newsletter

Final Rules

National Resource Centers Program and Foreign Language and Area Studies Fellowships Program

These final regulations incorporate several significant related changes to the proposed regulations contained in the NPRM. We also made several minor technical and editorial changes in these final regulations. We describe these changes in more detail in the Analysis of Comments and Changes section below. Below is a brief overview of significant related changes to these final regulations compared to the NPRM.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Capstone International

Education Department General Administrative Regulations and Related Regulatory Provisions

The last major update to EDGAR was in 2013. Given that EDGAR serves as the foundational set of regulations for the Department, we have reviewed EDGAR, evaluated it for provisions that, over time, have become outdated, unnecessary, or inconsistent with other Department regulations, and identified ways in which EDGAR could be updated, streamlined, and otherwise improved. Specifically, we amend parts 75, 76, 77, 79, and 299 of title 34 of the Code of Federal Regulations.

Federal Agency: Office of Planning, Evaluation and Policy Development, Department of Education

Affected Area: Campus

Prohibition of Sale of Tobacco Products to Persons Younger Than 21 Years of Age

The Food and Drug Administration is issuing a final rule to make conforming changes as required by the Further Consolidated Appropriations Act, 2020 (Appropriations Act), which established a new Federal minimum age of sale for tobacco products. These conforming changes include increasing the minimum age of sale for cigarettes, smokeless tobacco, and covered tobacco products from 18 to 21 years of age; increasing the minimum age for age verification by means of photographic identification for cigarettes, smokeless tobacco, and covered tobacco products from under the age of 27 to under the age of 30; increasing the minimum age of individuals who may be present or permitted to enter facilities that maintain vending machines to sell cigarettes, smokeless tobacco, or covered tobacco products from 18 to 21 years of age; and increasing the minimum age of individuals who may be present or permitted to enter facilities that maintain self-service displays that sell cigarettes or smokeless tobacco from 18 to 21 years of age.

Federal Agency: Food and Drug Administration, HHS

Affected Area: Campus

Financial Crimes Enforcement Network: Anti-Money Laundering/Countering the Financing of Terrorism Program and Suspicious Activity Report Filing Requirements for Registered Investment Advisers and Exempt Reporting Advisers

This rule aims to address and prevent money laundering, terrorist financing, and other illicit finance activity through the investment adviser industry. As detailed in an investment adviser illicit finance risk assessment (Risk Assessment) published concurrently with the release of the IA AML NPRM, Treasury has identified several illicit finance threats involving investment advisers.^[2] Investment advisers have served as an entry point into the U.S. financial system and economy for illicit proceeds associated with foreign corruption, fraud, and tax evasion, as well as billions of dollars ultimately controlled by sanctioned entities including Russian oligarchs and their associates. Investment advisers—including those exempt from Securities and Exchange Commission (SEC) registration—and their private funds, particularly venture capital funds, are also being used by foreign states, most notably the People’s Republic of China (PRC) and Russia, to access certain technology and services with long-term national security implications through investments in early-stage companies. Finally, there are numerous examples of investment advisers defrauding their customers and stealing their funds.

Federal Agency: Financial Crimes Enforcement Network (FinCEN), Treasury

Affected Area: ORED

Effective: 1/1/2026

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Proposed Rules

Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects

DoD is proposing revisions to its regulations on Other Transaction (OT) agreements for prototype projects to implement changes in statutory authority enacted by Congress since the last update in 2004. The Department is proposing changes in: the authority to provide for follow-on production OTs and contracts; special circumstances for award of OTs to small businesses, nontraditional defense contractors, nonprofit research institutions, and consortia; approval requirements for large dollar OTs; the authority to supply prototypes and production items to another contractor as Government furnished items; and applying procurement ethics requirements to covered OT agreements.

Federal Agency: Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD(A&S)), Department of Defense (DoD)

Affected Area: ORED

Comments Due: 11/4/2024

Timely Certification and Reporting for Veterans Attending Training Programs

Currently, VR&E has no established timeframes for SCOs to initially certify and inform VA of changes made to a Chapter 31 veteran’s rate of pursuit, dates of attendance, and the number of credit or training hours. The lack of an established timeframe contributes to unnecessary delays in the timely processing of monthly subsistence allowance payments to veterans who depend on these funds. Additionally, if a veteran increases, decreases, or terminates enrollment and the certification is not updated in a timely manner, the delay may create an undue hardship for the veteran if he or she is underpaid or overpaid. If a veteran is overpaid, VA must establish a debt against the veteran even though it may have been due to the SCO’s delay in updating the certification. VA is proposing to revise 38 CFR 21.294 to describe what would constitute timely initial certification and timely reporting of changes to rate of pursuit, dates of attendance, and the number of credit or training hours for Chapter 31 veterans. Revised § 21.294(a)(4)(ii) would require SCOs to submit initial certifications to VA within 30 days of the beginning of the school term. See, e.g.,38 CFR 21.4203(d) (reporting requirements under VA’s education program). SCOs would also be required to report changes in rate of pursuit, dates of attendance or the number of credit or training hours within 30 days of when a veteran makes such change. This amendment would help prevent underpayments and overpayments that may otherwise create unnecessary hardship for veterans. A veteran could request waiver of a debt, but such request would not be granted automatically. These changes would result in improved, timelier services to veterans.

Federal Agency: Department of Veteran Affairs

Affected Area: Student Financial Aid, Office of Veteran Affairs

Comments Due: 11/4/2024

Establishment of Reporting Requirements for the Development of Advanced Artificial Intelligence Models and Computing Clusters

This proposed rule would amend the Bureau of Industry and Security’s (BIS) Industrial Base Surveys—Data Collections regulations by establishing reporting requirements for the development of advanced artificial intelligence (AI) models and computing clusters under the Executive order of October 30, 2023, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.”

Federal Agency: Bureau of Industry and Security, Department of Commerce

Affected Area: OIT

Comments Due: 10/11/2024

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Notices

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; William D. Ford Federal Direct Loan Program (Direct Loan Program) Promissory Notes and Related Forms

The Direct Loan Program promissory notes included in this collection contain information regarding the terms and conditions of the Saving on a Valuable Education (SAVE) repayment plan. However, implementation of the SAVE repayment plan is currently enjoined. The final versions of the promissory notes will reflect the law when it is finalized.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 9/19/2024

Agency Information Collection Activities; Comment Request; Federal Family Educational Loan Program-Servicemembers Civil Relief Act (SCRA)

The Department of Education (the Department) is requesting an extension of the currently approved OMB information collection 1845-0093, Federal Family Education Loan (FFEL) Program Servicemembers Civil Relief Act (SCRA) based on a decrease in the number of servicemembers accessing the benefit. The regulations require the FFEL loan holder to match its database against the Department of Defense (DOD) Defense Manpower Data Center (DMDC) or other official DOD database and automatically apply the interest rate limitation, as appropriate, to borrowers under the SCRA. There has been no change in the statute or in the regulations at 34 CFR 682.208(j). There is no form tied to this collection.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid, Office of Veterans

Comments Due: 10/21/2024

Commerce in Explosives; 2024 Annual List of Explosive Materials

Pursuant to 18 U.S.C. 841(d) and 27 CFR 555.23, the Department of Justice must publish and revise at least annually in the Federal Register a list of explosives determined to be within the coverage of 18 U.S.C. 841 et seq. The list covers not only explosives, but also blasting agents and detonators, all of which are defined as “explosive materials” in 18 U.S.C. 841(c).

Federal Agency: Department of Justice, Bureau of Alcohol, Firearms, and Explosives

Affected Area: UAPD, EHS

Agency Information Collection Activity under OMB Review: GI Bill® School Feedback Tool

Executive Order 13607, Establishing Principles of Excellence, which is now identified as the GI Bill School Feedback Tool is used for Educational Institutions serving service members, Veterans, spouses, and other family members, requires the establishment of a centralized complaint system for students receiving federal military and Veteran educational benefits. The purpose of the complaint system is to provide a standardized method to submit a complaint against an educational institution alleging fraudulent and unduly aggressive recruiting techniques, misrepresentation, payment of incentive compensation, failure to meet state authorization requirements, or failure to adhere to the Principles of Excellence as outlined in the Executive Order. The VA’s Principles of Excellence GI Bill® School Feedback Tool leverages the Salesforce platform to collect and manage complaints. The complainants access the complaint system through the GI Bill website and eBenefits portal. Veterans, family members, or other members of the public are able to open links at the VA website location and enter the requested information. Complainants are offered the opportunity to review the information in their complaint prior to clicking on the submit button. Once a complaint is submitted, the complainant receives an email verifying that the complaint was received.

Federal Agency: Veterans Benefits Administration, Department of Veterans Affairs

Affected Area: Student Financial Aid, Office of Veterans

Comments Due: 9/21/2024

Revision of Agency Information Collection Activity Under OMB Review: TSA PreCheck® Application Program

This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0059, abstracted below to OMB for review and approval of a revision of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of biographic and biometric information by individuals seeking to enroll in the TSA PreCheck® (also known as TSA Pre✓®) Application Program, as well as optional surveys related to customer service and enrollment processes.

Federal Agency: Transportation Security Administration, DHS

Affected Area: Campus

Comments Due: 9/23/2024

Annual Notice of Interest Rates for Fixed-Rate Federal Student Loans Made Under the William D. Ford Federal Direct Loan Program

This notice announces the fixed interest rates for Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans with first disbursement dates on or after July 1, 2024, and before July 1, 2025, and provides interest rate information for other fixed-rate Direct Loans. Interest rate information for variable-rate Direct Loans is announced in a separate Federal Register notice.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

Annual Notice of Interest Rates for Variable-Rate Federal Student Loans Made Under the Federal Family Education Loan Program Prior to July 1, 2010

The Chief Operating Officer for Federal Student Aid announces the interest rates for loans made under the Federal Family Education Loan (FFEL) Program, Assistance Listing Number 84.032, that have variable interest rates. The rates announced in this notice are in effect for the period July 1, 2024, through June 30, 2025.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

Annual Notice of Interest Rates for Variable-Rate Federal Student Loans Made Under the William D. Ford Federal Direct Loan Program

The Chief Operating Officer for Federal Student Aid announces the interest rates for Federal Direct Stafford/Ford Loans (Direct Subsidized Loans), Federal Direct Unsubsidized Stafford/Ford Loans (Direct Unsubsidized Loans), and Federal Direct PLUS Loans (Direct PLUS Loan), Assistance Listing Number 84.268, with first disbursement dates before July 1, 2006, and for Federal Direct Consolidation Loans (Direct Consolidation Loans) for which the application was received before February 1, 1999. The rates announced in this notice are in effect for the period July 1, 2024, through June 30, 2025.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

Federal Need Analysis Methodology for the 2025-26 Award Year-Federal Pell Grant, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, William D. Ford Federal Direct Loan, and TEACH Grant Programs

The Secretary announces the annual updates to the tables used in the statutory Federal Need Analysis Methodology (Need Analysis) that determines a student’s Student Aid Index (SAI) for award year (AY) 2025-26 for student financial aid programs, Assistance Listing Numbers (ALN) 84.007, 84.033, 84.063, 84.268, and 84.379. The intent of this notice is to alert the financial aid community and the broader public to these required annual updates used in the determination of student aid eligibility.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

Free Application for Federal Student Aid (FAFSA®) Information To Be Verified for the 2025-2026 Award Year

If the Secretary selects an applicant for verification, the applicant’s Institutional Student Information Record (ISIR) includes flags that indicate (1) that the applicant has been selected by the Secretary for verification and (2) the Verification Tracking Group (VTG) in which the applicant has been placed. The VTG indicates which FAFSA information needs to be verified for the applicant and, if appropriate, for the applicant’s parent(s) or spouse. The FAFSA Submission Summary indicates that the applicant’s FAFSA information has been selected for verification and direct the applicant to contact the institution for further instructions for completing the verification process. In accordance with the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act, much of the applicant’s tax return information, including information from their spouse and/or parents, will come directly from the IRS and will not be viewable by the student and other contributors. Such information that is transferred and not edited will essentially be verified and need no further verification. However, for instances where income and tax information cannot be obtained directly from the IRS, the applicant will have to manually enter the necessary information into the FAFSA, and that manual entry may be subject to verification.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

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Items of Interest

Strategies for Re-Enrolling Stop-Outs

The Institute for Higher Education Policy provides guidance on how institutions can help learners who left college complete their credential.

Columbia University Subpoenaed for Records in Antisemitism Investigation

This is the second time in the committee’s history that the panel has subpoenaed a college or university—and the first was relatively recent: Harvard University was subpoenaed in February as part of a similar investigation. Experts warned that the Harvard order should put other institutions on notice as congressional Republicans ratchet up their scrutiny of higher education. The subpoenas, and the investigations they are part of, concern higher education leaders who say they could set a new precedent for partisan oversight of colleges, infringe on institutional autonomy and undermine academic freedom.

Struggling to Create AI Policies? Ask Your Students

A professor at Florida International University tasked her students with devising an ethical guide to using AI in their classes—and found them to be stricter than she would have been.

UC Berkeley Launches AI-Focused Law Degree

The University of California, Berkeley, Law School is now offering an artificial intelligence–focused law degree in response to a growing demand for AI law experts. The Master of Laws degree track—one of the nation’s first, if not the first—will teach students about AI ethics, current and future efforts to regulate AI, and the fundamentals of AI technology. It will include an AI Law and Regulation certificate focused on data privacy, intellectual property rights and licensing.

 In Bid to Deter Misconduct, U.S. Releases New Data on Financial Aid Enforcement

The Education Department has issued $61.7 million in fines and cut off aid to 35 colleges for violations since 2021. Some critics say it hasn’t gone far enough in holding rule breakers accountable; others say the feds have a “vendetta” against career colleges.

UT System Bans Statements on Political and Social Issues

The University of Texas system and its institutions are no longer permitted to “adopt positions based on political or social passions or pressures,” according to a new rule approved by the Board of Regents on Thursday, The Austin American-Statesman reported.

U.S. Department of Education announces $40 million in grants connected to federal higher ed equity program

The U.S. Department of Education is awarding more than $40 million dollars in federal grants to improve college completion rates for “underserved students.”

Universities Hit Back Against Proposed Online Attendance Policy

Proposed federal regulations have institutions and higher ed groups worried about time and financial burdens.

Colleges Must Accommodate Pregnant Students Under New Title IX

Pregnancy was always implicitly protected by Title IX. But Biden’s new rules formalize the rights of pregnant and parenting students, making higher ed more accessible.

Academic Publishers Threatened By Open-Access Expansion

Critics say a directive to make federally funded research immediately free to the public could violate authors’ copyrights. It could also disrupt the $19 billion academic publishing industry.

Can AI Be Used to Cheat on Multiple-Choice Exams?

A Florida State professor found a way to catch AI cheating on multiple-choice tests. He also found that ChatGPT got a lot of “easy” questions wrong.

Case Shows Mid-Managers Can Be Liable Under Fair Labor Standards Act

Analyzing the recent case of Spears v. Patel from the Court of Appeals for the Eleventh Circuit, Ong discusses how the Act holds “employers” liable for minimum wage and overtime violations. Under the Act, the term “employers” is broadly construed to include “any person acting directly or indirectly in the interest of an employer in relation to an employee.”

Cass Sunstein Wants to Help Universities Navigate Free Speech Conflicts

The legal scholar presents a wide range of speech-related scenarios that university administrators may have to navigate this fall—and in perpetuity.

How Title VI Is Tripping Up Colleges

The Office for Civil Rights has resolved six investigations into how colleges responded to reports of antisemitism. The findings show how those colleges fell short of federal law and hold lessons for the rest of higher ed.

You Can’t Outsource Educational Leadership

The inability of students to engage in well-informed and respectful discussion of contentious political issues is not some surface-level blemish to be treated by topical lotions administered by auxiliary para-educators. It cuts to the core of the entire higher education enterprise. To address it effectively, administrators need first to diagnose how and why the institutions they lead are failing to deliver on their educational mission and then to develop responses that are built into every student’s core learning experience. In short, the problem calls for visionary educational leadership by presidents, deans and faculty. And that cannot be outsourced.

Penn Creates New Title VI Center. Will Other Colleges Follow?

Opening a center to handle shared ancestry complaints such as those alleging antisemitism is the latest signal that colleges are turning to their Title IX playbooks to comply with Title VI.

Penn Embraces Institutional Neutrality

The University of Pennsylvania announced Tuesday it will embrace a policy of institutional neutrality going forward, refraining from issuing public statements “in response to local and world events except for those which have direct and significant bearing on University functions.”

Senators Urge Education Department to Extend Gainful Reporting Deadline

A bipartisan group of 20 senators has asked the Education Department to give colleges more time to report program-level information that’s currently due at the end of the month.

The reporting requirements, which include data on the total cost of attendance and the amount of private education loans disbursed to students, are part of the department’s new gainful-employment rule aimed at providing prospective students with more information about whether college programs pay off.

Federal Anti-Hazing Bill Moves One Step Closer to Becoming Law

After years of stalled attempts to pass federal anti-hazing legislation, a bill that would require colleges and universities to report such incidents cleared a key committee Wednesday, paving the way for a vote on the House floor.

What College Leaders Want From Harris and Trump

The American Council on Education, the chief lobbying group for the higher education industry, wants the next president to repeal the tax on wealthy universities’ endowments and work to increase the Pell Grant to $13,000 from $7,395 as a way of making college more affordable, among other policies.

Policies Posting Date Department Contact Name Effective Date Summary 8/19/2024 Facilities and Grounds Paul Wuebold Facility and Ground Use Policy 8/19/2024 Revised Policy:  The policy is being revised to clarify some provisions related to protests on campus. 8/20/2024 Student Life Todd Borst Code of Student Conduct 8/20/2024 Revised Policy:  Revisions and additions include adding a violation for use of bodily fluids, updates to the hazing violations to reflect the new hazing policy and adding language to for use and possession of a forged or altered document of identification. 8/22/2024 Human Resources Susan Norton Flexible Work Arrangement Policy   8/22/2024 Revised Policy: Updates added to policy to include temporary, and contingent on-call staff.   8/23/2024 EEO and Title IX Programs Beth Howard Title IX and Sexual Misconduct Policy   8/23/2024 Revised Policy: Revised to comply with updated regulation.   8/29/2024 Compliance and Risk Services Cheryl Mowdy Approved Alcohol Venue Policy   8/29/2024 Revised Policy: Updated policy with approved venues.   9/10/2024 Human Resources Susan Norton Employee Reasonable Accommodations Policy   9/10/2024 Revised Policy: Clarified the scope statement in the policy.   9/10/2024 Public Safety Automotive Services Issac Falls Automotive Tool Reimbursement Policy   9/10/2024 Revised Policy: Added clarifying language to the policy. 9/10/2024 Shared Administrative Services Melinda Wallace Uniform and Professional Wear Policy   9/10/2024 Revised Policy: Updated policy to reflect that UMS no longer provides personal orders for professional wear. 9/13/2024 Student Life Rosalind Moore The University of Alabama Student Center Reservation Policy   9/13/2024 Revised Policy: Updated the policy by providing clarifying language. 9/15/2024 Campus Development Tim Leopard Capital Renewal Policy 9/15/2024 Revised Policy: The changes incorporated additional description of the planning processes, update of the funding source details, and mentions of the specific UA Board rules that support the capital renewal process.

Compliance Alert – August 2024

• August 20th, 2024
• in Compliance, Newsletter

Final Rules

Uniform Procedures for State Highway Safety Grant Programs

This final rule amends the definition of “equipment” to conform with OMB’s government-wide Guidance for Federal Financial Assistance affecting Federal grants.

Federal Agency: National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT)

Affected Area: Campus Development

Transitioning Gang-Involved Youth to Higher Education Program

The purpose of the Transitioning Gang-Involved Youth to Higher Education (TGIY) Program is to provide a funding opportunity for organizations that work directly with gang-involved youth to help such youth pursue higher education opportunities that will lead to postsecondary certification or credentials.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: OAA

Schedules of Controlled Substances: Placement of Zuranolone in Schedule IV

This final rule adopts, without change, an interim final rule with request for comments published in the Federal Register on October 31, 2023, placing zuranolone (chemically known as 1-[2-[(3 R, 5 R, 8 R, 9 R, 10 S, 13 S, 14 S, 17 S)-3-hydroxy-3,13-dimethyl-2,4,5,6,7,8,9,10,11,12,14,15,16,17-tetradecahydro-1 H -cyclopenta[ a]phenanthren-17-yl]-2-oxoethyl]pyrazole-4-carbonitrile) and its salts in schedule IV of the Controlled Substances Act. With the issuance of this final rule, the Drug Enforcement Administration maintains zuranolone, including its salts, in schedule IV of the Controlled Substances Act.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: UMC, UAPD

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Proposed Rules

Program Integrity and Institutional Quality: Distance Education, Return of Title IV, HEA Funds, and Federal TRIO Programs

The Secretary is proposing to amend the Student Assistance General Provisions regulations governing participation in the student financial assistance programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), to promote program integrity and institutional quality. These regulations would clarify, update, and consolidate certain provisions that apply to distance education; the return of title IV, HEA funds; and the Federal TRIO programs. A brief summary of the proposed rule is available at www.regulations.gov/​docket/​ED-2024-OPE-0050.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid, OTIDE

Comments Due: 8/23/2024

Federal Government Participation in the Automated Clearing House

The Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service) is proposing to amend its regulation governing the use of the Automated Clearing House (ACH) Network by Federal agencies. Our regulation incorporates, with some exceptions, updates to the Nacha Operating Rules and the Nacha Operating Guidelines (Operating Rules & Guidelines), which govern the use of the ACH Network by Federal agencies. This proposed rule addresses changes that Nacha has made since the publication of the 2021 Operating Rules & Guidelines, including Supplement #1-2021. These changes include amendments in the 2022, 2023, and 2024 Operating Rules & Guidelines, including supplements thereto, issued before the date of this notice.

Federal Agency: Bureau of Fiscal Service, Department of the Treasury

Affected Area: Audit, Accounting

Comments Due: 10/8/2024

Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023)

DoD is proposing to revise the DFARS to implement sections 1044 and 1045 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 (Pub. L. 118-31), which amend section 1062 of the NDAA for FY 2021 (Pub. L. 116-283). DoD published an interim rule in the Federal Register at 88 FR 67607 on September 29, 2023, under DFARS Case 2021-D023 to implement section 1062 of the NDAA for FY 2021. Section 1062 provides that none of the funds authorized to be appropriated or otherwise made available for any fiscal year for DoD may be provided to an institution of higher education that hosts a Confucius Institute, defined as a cultural institute directly or indirectly funded by the government of the People’s Republic of China. In addition, section 1062 provided the authority to waive the funds limitation. There were no public comments submitted in response to the interim rule. Section 1044 of the NDAA for FY 2024 amends section 1062(d) of the NDAA for FY 2021 by revising the definition of “Confucius Institute” as any program that receives funding or support from the Chinese International Education Foundation, the Center for Language Exchange Cooperation of the Ministry of Education of the People’s Republic of China, or any cultural institute funded by the government of the People’s Republic of China. Section 1045 of the NDAA for FY 2024 amends section 1062(b) of the NDAA for FY 2021 to add a termination date of October 1, 2026, for the authority to issue a waiver.

Federal Agency: Defense Acquisition Regulations System, Department of Defense (DoD)

Affected Area: ORED, OOC, OAA, Capstone International

Comments Due: 10/15/2024

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Notices

2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence

In accordance with Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (October 30, 2023) (Executive Order), the United States Patent and Trademark Office (USPTO) is issuing a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence (AI). This guidance update will assist USPTO personnel and stakeholders in evaluating the subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology (AI inventions). This update also announces a new set of examples that are intended to assist USPTO personnel in applying the USPTO’s subject matter eligibility guidance to AI inventions during patent examination, appeal, and post-grant proceedings. In addition to addressing issues especially relevant to AI inventions, this guidance update addresses feedback from our stakeholders and includes discussions of recent Federal Circuit decisions on patent subject matter eligibility. This guidance update, together with the guidance provided in the Manual of Patent Examining Procedure (MPEP), is to be used by USPTO personnel when applying subject matter eligibility law.

Federal Agency: Patent and Trademark Office, Department of Commerce

Affected Area: Patents and Trademarks

Agency Information Collection Activities; Comment Request; Federal Student Aid (FSA) Partner Connect System and User Access Management

This is a request for a new information collection. Federal Student Aid (FSA) Partner Connect will be replacing Student Aid internet Gateway (SAIG) Enrollment via fsawebenroll.ed.gov. SAIG Mailboxes will remain as the access point for electronically transmitting and receiving data. FSA Partner Connect System and User Access Management allows authorized entities, including postsecondary educational institutions, institutional third-party servicers, guaranty agencies and guaranty agency (GA) servicers, Federal Family Education Loan Program (FFELP) lenders and lender servicers, federal loan servicers, and State Higher Education Agencies, to exchange data electronically with the U.S. Department of Education (Department). In order to participate, each entity must enroll for system and service access through FSA Partner Connect (fsapartners.ed.gov). The enrollment process enables the organization enrolling to create new users and select services to receive, submit, view, and/or update student financial aid data online and by batch using Department provided software EDconnect (PC-based software) or TDClient (client software for multiple environments). As authorized by the Higher Education Act of 1965, as amended (HEA); 20 U.S.C. 1070 et seq., and in order to manage the Title IV, HEA assistance programs, the entities listed above may electronically transmit and receive data from the following FSA systems through SAIG Mailboxes by enrolling through FSA Partner Connect.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 9/30/2024

Agency Information Collection Activities; Comment Request; Federal Student Loan Program: Internship/Residency and Loan Debt Burden Forbearance Forms

These forms serve as the means by which borrowers in the William D. Ford Federal Direct Loan (Direct Loan), Federal Family Education Loan (FFEL) and the Federal Perkins Loan (Perkins Loan) Programs may request forbearance of repayment on their loans if they meet certain conditions. The U.S. Department of Education and other loan holders uses the information collected on these forms to determine whether a borrower meets the eligibility requirements for the specific type of forbearance. The Service forbearance (SERV Forb) and the Student Loan Debt forbearance (SLDB Forb) forms are currently approved under OMB No. 1845-0018. The General forbearance (GEN Forb) form is currently approved under OMB No. 1845-0031. For greater simplicity and to make it easier to maintain consistency among the various forbearance forms, the Department is consolidating the two current collections into a single collection under OMB No. 1845-0018. This review request merges the number of respondents/responses/burden hours for both collections.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 9/16/2024

Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection: Small Unmanned Aircraft Systems (sUAS) Safety Event Reporting

The title of this information collection is being changed from “Small Unmanned Aircraft Systems (sUAS) Accident Reporting” to “Small Unmanned Aircraft Systems (sUAS) Safety Event Reporting” to reflect the change made to the title of the applicable regulation (14 CFR, 107.9) in 2022. 14 CFR part 107.9 requires that a small, unmanned aircraft system safety event be reported if it causes: (1) serious injury to any person or any loss of consciousness; or (2) damage to any property, other than the small, unmanned aircraft, unless the cost of repair or fair market value in the event of total loss does not exceed $500. The information collected by the FAA through its Drone Zone web portal, Flight Standards District Offices, one of the Regional Operations Centers, or the Washington Operations Center for each small UAS safety event will be used to investigate and determine regulatory compliance. In addition, the safety event information will go into the FAA aircraft accident database for safety analysis purposes by the FAA Office of Accident Investigation and Analysis, pursuant to its statutory safety mission.

Federal Agency: Federal Aviation Administration (FAA), DOT

Affected Area: EHS

Comments Due: 9/30/2024

Adoption of United States Forest Service Categorical Exclusions Under the National Environmental Policy Act

The Department of Energy (DOE or the Department) has identified categorical exclusions established by the United States Forest Service (USFS) that cover categories of actions pertinent to DOE operations. This notice identifies those USFS categorical exclusions and announces that DOE has adopted them for the Department’s future use pursuant to section 109 of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) NEPA regulations.

Federal Agency: Office of the General Counsel, Department of Energy

Affected Area: Land Management

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; National Center for College Students With Disabilities (NCCSD) Database of Disability Services and Activities in Higher Education

The National Center for College Students with Disabilities (NCCSD) at the University of Minnesota and originated by the Association on Higher Education and Disability (AHEAD) is authorized by Congress in the Higher Education Opportunity Act of 2008 (777.4) and was established in 2016. The NCCSD College Disability Resource Database is designed to address a gap in information about services and accessibility for college students with disabilities, who make up 19.5% of the undergraduate population. Existing general information about colleges is available in the Department of Education’s online College Navigator and College Affordability and Transparency Center, but the only information about students with disabilities in these databases is the percentage of students registered with campus disability services offices. At this time, this is the only database that provide systematic collection of information about campus-level disability-related services, access, and activities at colleges and universities in the United States. The NCCSD survey asks all U.S. campuses to provide basic information about disability services, accessibility of campus, and disability-related activities that may affect inclusion and the campus climate. The data is available to the public in an accessible and searchable database to help prospective college students and their families make informed decisions during the college search process. Because the database is public, researchers and policymakers are able to utilize the data to gather information about disability and higher education in systematic ways. The Department is requesting a revision of the survey for the following reasons: to add non-degree-granting institutions of higher education to the respondent universe; to change the timeframe for and revise one question; to revise the possible responses to one question; and to add three new questions regarding faculty/instructor disability training.

Federal Agency: Office of Planning, Research, and Evaluation, Administration for Children and Families, Department of Health and Human Services

Affected Area: Office of Equal Opportunity Programs and Disability Services

Comments Due: 9/8/2024

Submission for OMB Review; Child Abuse and Neglect Background Checks for Child Care and Early Education Project (New Collection)

The Office of Planning, Research, and Evaluation (OPRE), Administration for Children and Families (ACF) is proposing an information collection activity for the Child Abuse and Neglect Background Checks for Child Care and Early Education (CAN Checks for CCEE) Project. The goal of the project is to better understand how states and territories use findings from CAN registry background checks, as required by the Child Care and Development Block Grant Act of 2014 (CCDBG), to make child care employment eligibility determinations. The study will also be used to understand state and territory variation, facilitators, and challenges in implementing CAN registry background checks; and explore any resulting within- or across-state/territory equity implications.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Affected Area: CDRC, RISE, Youth Protection, HR

Comments Due: 9/9/2024

Agency Information Collection Activities; Comment Request; Student Aid Internet Gateway (SAIG) Enrollment Document

This is a request for an extension of the currently approved information collection package, 1845-0002. In order to manage the Title IV, HEA assistance programs, authorized by the Higher Education Act of 1965, as amended (HEA); 20 U.S.C. 1070 et seq., eligible institutions and other partners must electronically transact business with Federal Student Aid (FSA) systems. This clearance allows institutions to request access to, designate personnel or make changes to current access to systems granted to the institutions and their personnel by FSA. No new data is being collected. No changes have been made to the forms approved on July 17, 2024.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 10/11/2024

Agency Information Collection Activities: Proposed Collection; Comment Request

This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve a revision of the currently approved information collection project: “Patient Safety Organization Certification for Initial Listing and Related Forms, Patient Safety Confidentiality Complaint Form, and Common Formats.” In accordance with the Paperwork Reduction Act of 1995, AHRQ invites the public to comment on this proposed information collection.

Federal Agency: Agency for Healthcare Research and Quality, HHS

Affected Area: UMC, ORED

Comments Due: 10/11/2024

Submission for OMB Review; Reporting Executive Compensation and First-Tier Subcontract Awards

This clearance covers the information that contractors must report to the Federal Subaward Reporting System (FSRS) to comply with requirements under the Federal Acquisition Regulation (FAR) clause at 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards. OMB Control No. 3090-0292 covers the information that non-procurement entities must submit to FSRS. The separate collection for procurement entity reporting increases clarity and visibility of the specific FAR reporting requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Contract Administration

Comments Due: 9/12/2024

Request for Information (RFI) Regarding Ways To Support the Successful Completion and Submission of the 2025-2026 FAFSA Form

The U.S. Department of Education (Department) requests information in the form of written comments that include feedback on ways to improve the “help text” of the 2025-2026 FAFSA form, as well as for the development of supporting materials including student and contributor tip sheets, counselor guides, or other direct communication tools to ensure applicants and contributors can successfully complete and submit the 2025-2026 Free Application for Federal Student Aid (FAFSA®) form. The Department also seeks feedback from financial aid administrators, counselors, and other members of the public on ways the Department can provide additional support to ensure applicants and contributors complete the FAFSA, and institutions of higher education and State grant agencies have support for the processing and packaging of student aid. Based on the suggestions submitted in response to this notice, the Secretary will consider changes to the 2025-2026 FAFSA supporting materials and develop a new Better FAFSA Better Future Roadmap (the Roadmap) that will outline the new tools the Department is making available, such as additional trainings, webinars, counselor guides, and student and contributor tip sheets.

Federal Agency: Federal Student Aid, U.S. Department of Education

Affected Area: Student Financial Aid

Comments Due: 9/13/2024

Agency Information Collection Activities: Submission for OMB Review, Comment Request; Generic Clearance for Information Sharing Agreements Involving Personal Identifiable Information and Sensitive Personal Identifiable Information

The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. FEMA invites the general public to take this opportunity to comment on a new information collection. In accordance with the requirements of the Paperwork Reduction Act of 1995, this notice seeks comments concerning FEMA’s sharing of information that includes personally identifiable information (PII) and sensitive personally identifiable information (SPII) of disaster survivors.

Federal Agency: Federal Emergency Management Agency, Department of Homeland Security

Affected Area: Emergency Management, Privacy

Comments Due: 9/13/2024

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Items of Interest

Alabama Judge Allows New Title IX Rule to Move Forward in 4 States

A federal judge shot down an effort Tuesday from four Southern states to immediately block the Biden administration’s new Title IX rule from taking effect, finding that Alabama, Florida, Georgia and South Carolina failed to show that they would be successful in their legal challenge. The ruling from Judge Annemarie Carney Axon, appointed by former president Trump, paves the way for the regulations to be enforced in those four states beginning Thursday, when the rule takes effect nationwide. The states have already appealed the ruling to the U.S. Court of Appeals for the 11th Circuit. More than 70 colleges in the four states don’t have to comply with the new regulations because of a court order in a separate case. Additionally, Florida governor Ron DeSantis told public colleges in his state earlier this year to not comply with the regulations.

How the Education Department Wants to Police Online Education

The department says it needs more data about online education to hold those programs accountable. Institutions say the agency is overcorrecting.

Taylor & Francis AI Deal Sets ‘Worrying Precedent’ for Academic Publishing

The publisher didn’t give authors any notice before selling access to its data to Microsoft for $10 million. The agreement could improve academic research, but it further entrenches the predatory nature of academic publishing, experts say.

Research security program guidelines: more work for federally funded research institutions

The White House Office of Science and Technology Policy (OSTP) has issued long-awaited Guidelines for Research Security Programs at Covered Institutions (“Guidelines”), which outline how federal research agencies must require “covered institutions” – including certain institutions of higher education and nonprofit research institutions – to certify their implementation of programs related to cybersecurity, foreign travel security, research security, and export control. Below we summarize the new Guidelines, the entities affected, and the timeline for implementation.

Business Implications of New SEC Climate Disclosure Requirements

U.S. companies are facing stricter SEC climate disclosure requirements, according to Risk Management Magazine.

New Title IX Rule Now Blocked in 21 States

The Education Department won’t be able to enforce its new Title IX regulations, set to take effect nationwide Aug. 1, in Arkansas, Iowa, Missouri, North Dakota, Nebraska or South Dakota, a federal judge ruled Wednesday evening. Judge Rodney Sippel of the Eastern District of Missouri found that the states had a “fair chance of prevailing” on their arguments that the new regulations, which strengthen protections for LGBTQ+ students, exceed the department’s authority and violate the First Amendment.

Following Sippel’s ruling, the Title IX regulations are now temporarily blocked in 21 states along with hundreds of colleges nationwide. The Education Department is moving forward with enforcing the new rule in states and on campuses where it hasn’t been enjoined, despite another federal judge suggesting last week that the agency delay when the regulations take effect.

Senate Bill Aims to Hold Universities Accountable for Antisemitism

Legislation introduced Wednesday in the U.S. Senate would require universities and the Education Department to immediately address reports of discrimination. It’s the latest effort by congressional Republicans to combat antisemitism on college campuses. The Restoring Civility on Campus Act would provide more transparency for federal civil rights investigations into reports of discrimination based on shared ancestry or ethnic characteristics, which includes antisemitism and Islamophobia. Provisions in the legislation are also aimed at bolstering the Education Department’s Office for Civil Rights’ oversight of colleges that are under investigation. For example, the bill would require OCR staff to work in person at a college campus as they evaluate a complaint about a university.

Settling the Score

The College Board has overhauled its scoring methodology for the majority of Advanced Placement exams over the past two years. On Monday, the nonprofit published on its website the first public acknowledgment of the shift in the way it scores more than three million assessments each year.

Changes coming soon to federal grant requirements

OMB’s changes to Title 2 include not only the Uniform Guidance, but also revisions to other parts within Title 2, subtitle A, which are:

• Part 25, Universal Identifier and System for Award Management;
• Part 170, Reporting Subaward and Executive Compensation Information;
• Part 175, Award Term for Trafficking in Persons;
• Part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement);
• Part 182, Governmentwide Requirements for Drug-Free Workplace (Financial Assistance);
• Part 183, Never Contract with the Enemy; and
• Part 184, Buy America Preferences for Infrastructure Projects.

Simultaneously, OMB, working with the Council on Federal Financial Assistance, included a discussion about the Title 2 revisions within a newly issued governmentwide implementation plan that aims to reduce burdens when administering federal financial assistance (OMB Memorandum M-24-11). M-24-11 discusses both pre-award and post-award actions that federal agencies can take to promote transparency and equity.

“These revisions will improve stewardship of federal funds, promote equitable access to programs and services, reduce administrative burden for agencies, applicants and recipients, and facilitate streamlined and effective oversight and implementation of federal programs,” OMB states in M-24-11. “Among other things, the revisions eliminate several prior approval requirements, increase multiple thresholds that trigger additional requirements, and clarify requirements for agencies and recipients.”

Higher Ed Groups Slam New DHS Cyber Proposal

New requirements for reporting cyberattacks would put undue stress on both small and large institutions, 16 organizations told the Department of Homeland Security in a letter.

Nearly 700 More Colleges Don’t Have to Comply With New Title IX Rule

Colleges and universities in Democratic-led states from California to New York aren’t immune to the legal fights over the Biden administration’s new Title IX regulations, a court filing this week shows. Now, after the plaintiffs filed a list of colleges with the district judge Monday, more than 670 institutions across 50 states and territories are covered by the temporary injunction. The regulations were already on hold in 15 states, while another 11 are challenging the regulations in federal court. The list includes 364 colleges and universities in 26 states that aren’t currently suing the Biden administration over the regulations, according to an Inside Higher Ed analysis of the 26-page document, which is available in a searchable format below.

Education Department Prepares to Enact Debt-Relief Plan

The Education Department will send emails to borrowers about the potential for debt relief today, signaling that the agency is close to finalizing a plan to discharge millions of Americans’ student loan debts. The emails will not say who will receive relief or how much but will inform borrowers that if they want to opt out they must do so by Aug. 30.

Senate Eyes Pell Grant Boost, More Money for Federal Student Aid

The chamber’s draft spending plan doesn’t make the sweeping cuts to the Education Department that House Republicans want to see, setting up yet another fight over the federal budget.

‘A New Low’: Civil Rights Chief Calls Out Discrimination on Campuses

Since the start of the war in Gaza last fall, as pro-Palestinian protesters amassed on many college campuses, criticizing Israel and chanting, “From the river to the sea,” college officials have struggled to find the line between what’s protected free speech and what’s discriminatory conduct.

Supreme Court Decisions Mean Major Changes In Agency Regulation

According to an article from law firm Covington, two recent Supreme Court decisions will result in significant changes to the rules that courts will apply in reviewing federal agency actions.

Together, these Supreme Court decisions will make it easier for companies and other parties who can claim harm to challenge agencies’ administrative decisions. At the same time, they are likely to incentivize the agencies to rely more on “voluntary” guidance.

Harris’s VP Pick Has Backed Free College, Big Investments in State Universities

After a quick search process, Vice President Kamala Harris picked Minnesota governor Tim Walz to be her running mate Tuesday, elevating a 60-year-old progressive Democrat who has helped to make higher education more accessible for Minnesotans while significantly boosting funding for the state’s public colleges and universities.

Blueprint for Climate Action Across Higher Ed

Colleges and universities are well positioned to tackle the effects of climate change from multiple angles, according to a new report from the Aspen Institute.

3 Topics That Were on Everyone’s Minds at the SHEEO Conference

State officials from across the country are recognizing a new reality for public postsecondary education as enrollment declines, political culture wars rage, finances grow fragile and workforce demands compound.

AAUP Ends Two-Decade Opposition to Academic Boycotts

In 2005, the American Association of University Professors spoke out against this form of protest amid calls for scholars to spurn Israeli institutions. Now, the group says boycotts “can be considered legitimate tactical responses.”

Survey: ‘Everything’ Stresses Students Out. How Can Colleges Help?

Recent Student Voice data from Inside Higher Ed and Generation Lab finds two in five college students say stress or mental health is impacting their academics a great deal, and they want help from their institutions to take the pressure off.

The 10 Barriers to Innovation in Higher Education

Why is it so difficult to nurture innovation and academic entrepreneurship at a college or university?

7 Myths that Limit Innovation in Higher Ed

Innovation is all the buzz these days in higher education circles, and it is no wonder.  Many mainstream media observers have noted that higher education is now ground zero for disruption due largely to what they believe is a broken business model.

Has your paper been used to train an AI model? Almost certainly (Nature)

Artificial-intelligence developers are buying access to valuable data sets that contain research papers — raising uncomfortable questions about copyright.

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Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
8/2/2024	Student Life	Todd Borst	Hazing Policy	8/2/2024	Revised Policy:  The Hazing Policy was reviewed and revised to be consistent with other UA System Universities and other per institutions. Revisions and additions include expanding the policy to include further clarification to what constitutes hazing under the policy, updating reporting options and penalties/sanctions for individuals.
8/2/2024	Student Life	Kathleen Duffy	Fraternity & Sorority Community Policy	8/2/2024	New Policy:  The purpose of the Fraternity & Sorority Community Policy is to support the growth and sustainability of member groups and help create a safe and successful experience for all members and guests.
8/9/2024	Risk Management	Wade Bond	On the Job Injury and Illness Policy	8/9/2024	Revised Policy: Changes made were to clarify the original intent of the policy. Additional language was added under the Commissioned Law Enforcement Section. Under the Lost Time Wages Section, #6 Absence Tracker information was added and #12 a reference to the ADA as another option for leave.

Compliance Alert – June 2024

• June 24th, 2024
• in Compliance, Newsletter

Final Rules

Hazard Communication Standard

OSHA has determined that the amendments to the HCS contained in this final rule enhance the effectiveness of the standard by ensuring that employees are appropriately apprised of the chemical hazards to which they may be exposed. The modifications to the standard include revised criteria for classification of certain health and physical hazards to better capture and communicate the hazards to downstream users; revised provisions for labels (including provisions addressing the labeling of small containers and the relabeling of chemicals that have been released for shipment); amendments related to the contents of SDSs; and new provisions relating to concentrations or concentration ranges being claimed as trade secrets.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: EHS

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Proposed Rules

Schedules of Controlled Substances: Rescheduling of Marijuana

The Department of Justice (“DOJ”) proposes to transfer marijuana from schedule I of the Controlled Substances Act (“CSA”) to schedule III of the CSA, consistent with the view of the Department of Health and Human Services (“HHS”) that marijuana has a currently accepted medical use as well as HHS’s views about marijuana’s abuse potential and level of physical or psychological dependence. The CSA requires that such actions be made through formal rulemaking on the record after opportunity for a hearing. If the transfer to schedule III is finalized, the regulatory controls applicable to schedule III controlled substances would apply, as appropriate, along with existing marijuana-specific requirements and any additional controls that might be implemented, including those that might be implemented to meet U.S. treaty obligations. If marijuana is transferred into schedule III, the manufacture, distribution, dispensing, and possession of marijuana would remain subject to the applicable criminal prohibitions of the CSA. Any drugs containing a substance within the CSA’s definition of “marijuana” would also remain subject to the applicable prohibitions in the Federal Food, Drug, and Cosmetic Act (“FDCA”). DOJ is soliciting comments on this proposal.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: UAPD, UMC

Comments Due: 7/22/2024

Transitioning Gang-Involved Youth to Higher Education Program

The purpose of the Transitioning Gang-Involved Youth to Higher Education Program (TGIY) is to provide a funding opportunity for organizations that work directly with gang-involved youth to help such youth pursue higher education opportunities that will lead to postsecondary certification or credentials.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Academic Affairs

Comments Due: 7/8/2024

Postsecondary Student Success Grant

The Department of Education (Department) proposes priorities, requirements, and definitions for use in the Postsecondary Student Success Grant (PSSG) program, Assistance Listing Number 84.116M. The Department may use one or more of these priorities, requirements, and definitions for competitions in fiscal year (FY) 2024 and later years. We intend for these priorities, requirements, and definitions to support projects that equitably improve postsecondary student outcomes, including retention, upward transfer, and completions of value, by leveraging data and implementing, scaling, and rigorously evaluating evidence-based activities to support data-driven decisions and actions that lead to credentials that support economic success and further education.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: College of Education

Comments Due: 7/8/2024

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Notices

Agency Information Collection Activities; Comment Request; National Center for College Students With Disabilities (NCCSD) Database of Disability Services and Activities in Higher Education

The National Center for College Students with Disabilities (NCCSD) at the University of Minnesota and originated by the Association on Higher Education and Disability (AHEAD) is authorized by Congress in the Higher Education Opportunity Act of 2008 (777.4) and was established in 2016. The NCCSD College Disability Resource Database is designed to address a gap in information about services and accessibility for college students with disabilities, who make up 19.5% of the undergraduate population. Existing general information about colleges is available in the Department of Education’s online College Navigator and College Affordability and Transparency Center, but the only information about students with disabilities in these databases is the percentage of students registered with campus disability services offices. At this time, this is the only database that provide systematic collection of information about campus-level disability-related services, access, and activities at colleges and universities in the United States. The NCCSD survey asks all U.S. campuses to provide basic information about disability services, accessibility of campus, and disability-related activities that may affect inclusion and the campus climate. The data is available to the public in an accessible and searchable database to help prospective college students and their families make informed decisions during the college search process. Because the database is public, researchers and policymakers are able to utilize the data to gather information about disability and higher education in systematic ways.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Affected Area: Office of Disability Services

Comments Due: 7/29/2024

Agency Information Collection Activities; Comment Request; William D. Ford Federal Direct Loan Program (Direct Loan Program) Promissory Notes and Related Forms

The Direct Subsidized Loan and Direct Unsubsidized Loan Master Promissory Note (Subsidized/Unsubsidized MPN) serves as the means by which an individual agrees to repay a Direct Subsidized Loan and/or Direct Unsubsidized Loan. The Direct PLUS Loan Master Promissory Note (PLUS Loan MPN) serves as the means by which an individual applies for and agrees to repay a Direct PLUS Loan. If a Direct PLUS Loan applicant is determined to have an adverse credit history, the applicant may qualify for a Direct PLUS Loan by obtaining an endorser who does not have an adverse credit history. The Endorser Addendum serves as the means by which an endorser agrees to repay the Direct PLUS Loan if the borrower does not repay it. An MPN is a promissory note under which a borrower may receive loans for a single or multiple academic years. The MPN explains the terms and conditions of the loans that are made under the MPN.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 7/29/2024

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; General Administrative Requirements for Assistance Programs (Renewal)

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), General Administrative Requirements for Assistance Programs (EPA ICR Number 0938.23, OMB Control Number 2030-0020) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through June 30, 2024. Public comments were previously requested via the Federal Register on September 28, 2023 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

Federal Agency: Environmental Protection Agency

Affected Area: Student Financial Aid

Comments Due: 6/28/2024

Privacy Act of 1974; System of Records

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the U.S. Department of Education (Department) publishes this notice of a modified system of records entitled “Aid Awareness and Application Processing” (18-11-21). This system maintains information necessary for the Department to process applications for Federal student financial program assistance under title IV of the Higher Education Act of 1965, as amended (HEA); to perform the responsibilities of the Federal Student Aid (FSA) Ombudsman; to provide Federal student loan repayment relief including under the borrower defense to repayment regulations; to notify aid applicants and aid recipients of aid program opportunities and updates under title IV of the HEA via digital communication channels; and to maintain the StudentAid.gov website as the front end for assisting customers with all of their Federal student financial aid needs throughout the student aid lifecycle. The Department’s Digital and Customer Care (DCC) Information Technology (IT) system collects the electronic records maintained in the Aid Awareness and Application Processing (AAAP) system.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

Comments Due: 7/1/2024

CDS Connect-Designing the Future of a National Hub for Clinical Decision Support: Request for Information

The Agency for Healthcare Research and Quality (AHRQ) seeks public comment about strategies and approaches to advancing shareable, interoperable, and reusable clinical decision support (CDS) resources. AHRQ seeks comment on models and possible partnerships to strengthen and sustain CDS Connect as a national hub for clinical decision support. CDS Connect enables the creation of standards-based CDS resources (sometimes called CDS “artifacts”) and the integration of evidence-based care data into clinical practice through electronic health systems and applications. Established in 2016, CDS Connect has steadily grown in functionality and use. It enjoys an active following of diverse stakeholders and users, including various electronic health record (EHR) developers, CDS developers, other health information technology (health IT), healthcare advocacy organizations, federal and local government representatives, clinicians, patients, and caregivers. CDS Connect offers a repository of CDS artifacts, a standards-based CDS Authoring Tool, and multiple open-source tools and resources (available on the CDS Connect Technical Resources web page).

Federal Agency: Agency for Healthcare Research and Quality, Department of Health and Human Services

Affected Area: CCHS, UMC

Comments Due: 7/31/2024

Inventorship Guidance for AI-Assisted Inventions

On February 13, 2024, the USPTO published guidance titled “Inventorship Guidance for AI-Assisted Inventions,” to provide clarity for USPTO stakeholders and personnel, including the Central Reexamination Unit and the Patent Trial and Appeal Board, on how the USPTO will analyze inventorship issues now that artificial intelligence (AI) systems, including generative AI, are playing a greater role in the innovation process (89 FR 10043, February 13, 2024). After the comment period for the guidance closed, the USPTO became aware of some continued stakeholder interest in submitting comments on the guidance. Therefore, the USPTO is reopening the written comment period for the guidance to ensure that all stakeholders have a sufficient opportunity to submit comments. The USPTO will also treat as timely any comments received between the original comment period deadline of May 13, 2024, and the publication date of this notice.

Federal Agency: United States Patent and Trademark Office, Department of Commerce

Affected Area: Patents and Trademarks

Comments Due: 6/20/2024

Notice of Approved Agency Information Collection; Information Collection: Records To Be Kept by Employers-Fair Labor Standards Act

In accordance with the Paperwork Reduction Act (PRA), the Wage and Hour Division (WHD) is providing notice to the public that the WHD sponsored information collection request (ICR) titled “Records to be Kept by Employers—Fair Labor Standards Act,” has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been revised and extended effective immediately through May 31, 2027.

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: HR

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Assurance of Compliance-Civil Rights Certificate

The Office for Civil Rights (OCR) has enforcement responsibilities under several civil rights laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Boy Scouts of America Equal Access Act. To meet these responsibilities, OCR collects assurances of compliance from applicants for Federal financial assistance from, and applicants for funds made available through, the Department of Education, as required by regulations. These entities include, for example, State educational agencies, local education agencies, and postsecondary educational institutions. If a recipient violates one or more of these civil rights laws, OCR and the Department of Justice can use the signed assurances of compliance in an enforcement proceeding.

Federal Agency: Office of Civil Rights (OCR), Department of Education (ED)

Affected Area: EEO/Title IX, Student Financial Aid

Comments Due: 7/15/2024

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Reaffirmation Agreement

The Higher Education Act of 1965, as amended (HEA), established the Federal Family Education Loan (FFEL) Program, and the William D. Ford Federal Direct Loan (Direct Loan) Program under Title IV, Parts B and D respectively. The HEA provides for a maximum loan amount that a borrower can receive per year and in total. If a borrower receives more than the maximum amount, the borrower becomes ineligible for further Title IV aid (including Federal Pell Grants, Federal Supplemental Educational Opportunity Grants, Federal Work-Study, and Teacher Education Assistance for Higher Education (TEACH) Grants, Iraq and Afghanistan Service Grants) unless the borrower repays the excess amount or agrees to repay the excess amount according to the terms and conditions of the promissory note that the borrower signed. Agreeing to repay the excess amount according to the terms and conditions of the promissory note that the borrower signed is called reaffirmation, which is the subject of this collection. This renewal without change of the information collection is necessary for the Department of Education (the Department), as a holder of some FFEL Program loans and all Direct Loans, and all FFEL Program lenders to capture the borrowers formal agreement to repay any excess amount of FFEL or Direct Loan program loans that the borrower received according to the terms and conditions of the promissory note the borrower signed. The form has not been changed since its last update.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 7/11/2024

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Items of Interest

Patent and Trademark Public Advisory Committees

The United States Patent and Trademark Office (USPTO)—America’s Innovation Agency—is seeking nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy. Each new member, who can serve remotely, will serve a three-year term starting December 1, 2024. The members represent the interests of the public and the stakeholders of the USPTO.

Nominations Due: 7/5/2024

The Litigation After the Protest Storm

After tense campus protests over the Israel-Hamas War resulted in hundreds of arrests and suspensions, universities are facing a wave of lawsuits in the fallout.

New College Classification Will Measure Socioeconomic Mobility

Proposed changes to Carnegie Classification would categorize institutions based on their enrollment of low-income and minoritized students and learners’ post-college earnings.

Navigating Student Data Privacy in Higher Education

Safeguarding student data and fostering trust around data collection demands a comprehensive approach with robust security measures, strict adherence to privacy laws, clear policies, and continuous staff training.

Forging the Future: Five Considerations for Developing Leaders at Your Institution 

Many have written, studied, and offered advice on the skills higher education leaders need to be successful, and in the wake of COVID-19, some of the needs have shifted and some have reached a fever pitch. Burnout, enrollment declines, artificial intelligence, and political and cultural polarization are just some of the external factors a leader needs to navigate. Internally, there are staffing and salary freezes, politics, racialized hierarchies, and tenure battles – it’s no wonder many institutions are struggling with recruiting and retaining key faculty and staff¹.

South Dakota Bans Pronouns, Tribal Affiliations in University Email Signatures

Civil liberties advocates and students say the South Dakota Board of Regents’ new policy is part of a larger effort to “erase queer people from the public university system.”

Foreign Financial Disclosure Report

In accordance with Section 10339B, Foreign Financial Support, of the CHIPS and Science Act of 2022 (42 U.S.C. § 19040), each institution of higher education that receives NSF funding must disclose annually, all “current financial support, the value of which is $50,000 or more, including gifts and contracts, received directly or indirectly from a foreign source” which is associated with a foreign country of concern. See Proposal & Award Policies & Procedures Guide (PAPPG) Chapter VII.D.3 for additional information.

Announcing the Call for Nominations for the 2024 President’s Council on Sports, Fitness & Nutrition Awards

The President’s Council on Sports, Fitness & Nutrition (Council or PCSFN) is calling for nominations from the public for its three awards—the Lifetime Impact Award, the Community Leadership Award, and the PCSFN Hero Award. Nominations will be accepted through July 1, 2024.

We See You, Student Parents

Alex Rockey recommends eight principles for transforming academic access for them through mobile-friendly courses.

Lawmakers Sought to Mandate Class on Founding Documents. What Were Professors to Do?

Conservative groups are pushing civics requirements in higher education, not just K-12. In North Carolina, undergraduates now must study the founding documents. Will other states follow?

Request for Nominations for Mobile Sources Technical Review Subcommittee (MSTRS)

The MSTRS is a federal advisory committee chartered under the Federal Advisory Committee Act (FACA), Public Law 92-463. The MSTRS provides the Clean Air Act Advisory Committee (CAAAC) with independent advice, counsel and recommendations on the scientific and technical aspects of programs related to mobile source air pollution and its control.

Nominations Due: 7/31/2024

Solicitation of Nominations for Membership on the Space Weather Advisory Group (SWAG)

Pursuant to the Promoting Research and Observations of Space Weather to Improve the Forecasting of Tomorrow (PROSWIFT) Act of and the Federal Advisory Committee Act (FACA), the Space Weather Interagency Working Group (interagency working group), requests nominations for membership on the SWAG.

Nominations Due: 6/30/2024

National Committee on Foreign Medical Education and Accreditation; Request for Nominations

The purpose of collecting nomination information is for the Secretary of Education to review nominations. The Secretary is required by section 102 of the Higher Education Act of 1965, as amended (HEA), at 20 U.S.C. 1002(a)(2)(B), to establish a panel of medical experts. The nomination information will be used to evaluate, select, and appoint individuals for membership on the NCFMEA and conduct necessary ethics vetting and ethics training for nominees who are appointed to serve on the NCFMEA. Finally, the nomination information will be used to communicate with nominees and, if appointed, communicate with appointees to conduct the business of the NCFMEA.

Nominations Due: 7/20/2024

New ChatGPT Version Aiming at Higher Ed

ChatGPT Edu, emerging after initial partnerships with several universities, is prompting both cautious optimism and worries.

Lost in Translation? AI Adds Hope and Concern to Language Learning

Foreign language classes have seen declines for years. AI could hasten—or help—it.

‘Is Our System of Free Speech Failing Us?’

As the academic year comes to a close, the wave of pro-Palestinian and pro-Israeli protests that consumed college campuses across the country may be dying down, but discussions of their effect on anti-discrimination, free speech and academic freedom policies are not.

Lack of federal R&D support challenges AI innovation, White House official warns (FedScoop)

The director of the White House’s Office of Science and Technology Policy warned in a call with reporters on Wednesday that support for federal research and development organizations remains a challenge for promoting the government’s artificial intelligence goals.  In a response to a question from FedScoop, Arati Prabhakar — who leads OSTP and serves as a science adviser to the president — said that funding for the national labs and other institutions involved with AI issues is an area of continued concern. Those comments come after a  May report from her office focused on how aging facilities could threaten U.S. goals on emerging technology, including AI.

House Republicans Advance Resolution to Block New Title IX Regs

In a busy Thursday meeting, the education committee also advanced the first legislation to combat antisemitism on campuses and block student athletes from unionizing. But LGBTQ+ protections sparked the hottest debate.

Federal Judge Blocks Title IX Rule in Four States

Finding that four states are likely to succeed in their lawsuit challenging the Biden administration’s new Title IX regulations, a federal judge issued a temporary injunction Thursday that prevents the rule from taking effect in Louisiana, Mississippi, Montana and Idaho.

Coursera Launches AI Plagiarism Detector

Institutional interest prompted the creation of the new AI tools even as debate rages over AI verification.

House Republicans Threaten Colleges’ Federal Funding With New Investigations

Six House committees will probe 10 colleges’ responses to antisemitism. Is it a serious effort or a politicized “fishing expedition”?

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Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
6/11/2024	Student Account Services	Kristy Pritchett	Credit Card Policy	1/19/2015	Revised Policy:  Scope is being c hanged to include other areas that will utilize The University of Alabama merchant accounts (MID). Scope change to be more inclusive of areas and entities that use UA’s MIDs.
6/11/2024	Environmental Health and Safety (EHS)	Juliette Botoklo Commodore	Laboratory Decommissioning Policy	3/27/2023	Revised Policy:  Links have been updated and one new link included for a newly created Laboratory Decommissioning Form to facilitate the decommissioning process.
6/11/2024	Human Resources	Susan Norton	Compensation During Suspension of Normal Operations Policy	9/22/2010	Revised Policy: Revisions were made to simplify the language to provide a better understanding of how the employee should be paid.
6/11/2024	Environmental Health and Safety (EHS)	Juliette Botoklo Commodore	3D Printing Policy	6/11/2024	Revised Policy: This policy will provide guidance for use of 3D printers along with the 3D printing process on UA campus and all affiliated properties.
6/11/2024	Human Resources	Susan Norton	Pre-Employment and Background Investigation Policy	8/1/2006	Revised Policy: Changed the title of the Policy to Pre-Employment and Background Investigation Policy to cover both policies and added language regarding Independent Contractors to the Purpose, Policy, and Scope.
6/11/2024	Environmental Health and Safety (EHS)	Christy Herron	Unmanned Aircraft Systems (UAS) Policy	4/18/2015	Revised Policy: The policy is being changed to reflect that the Finance & Operations unit handling the UAS Drone process, policy, and application is now EHS. Additionally, a few statements were added to provide clarity related to FAA requirements/responsibilities as outlined for pilots. Links were updated to reflect the change to EHS. Finally, statements were added to provide additional emphasis on the requirements related to Remote Identification broadcasting and other duties as outlined by the FAA.
6/11/2024	Environmental Health and Safety (EHS)	Juliette Botoklo Commodore	Bloodborne Pathogen Policy	1/17/2023	Revised Policy: Removed references to old documents no longer in use due to electronic tracking through software and provided clarification on departmental expectations relating to training.

Compliance Alert – May 2024

• May 23rd, 2024
• in Compliance, Newsletter

Final Rules Federal Acquisition Regulation; Federal Acquisition Circular 2024-05; Introduction This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2024-05. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Federal Acquisition Regulation: Sustainable Procurement DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Energy Conservation Program: Test Procedure for Uninterruptible Power Supplies The U.S. Department of Energy (“DOE”) is amending the test procedure for uninterruptable power supplies (“UPSs”) to incorporate by reference relevant portions of the latest version of the industry testing standard, harmonize the current DOE definitions for UPS, total harmonic distortion, and certain types of UPSs with the definitions in the latest version of the industry standard, and add a no-load testing condition, as an optional test. Federal Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy Affected Area: Facilities and Grounds Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities Title II of the ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity. The Department has consistently made clear that the title II nondiscrimination requirements apply to all services, programs, and activities of public entities (also referred to as “government services”), including those provided via the web. It also includes those provided via mobile apps.] In this rule, the Department establishes technical standards for web content and mobile app accessibility to give public entities greater clarity in exactly how to meet their ADA obligations and to help ensure equal access to government services for individuals with disabilities. Federal Agency: Civil Rights Division, Department of Justice Affected Area: OIT, Strat Comm Guidance for Federal Financial Assistance The Office of Management and Budget (OMB) is revising several parts of the OMB Guidance for Grants and Agreements, now called the OMB Guidance for Federal Financial Assistance, located in Title 2 of the Code of Federal Regulations (CFR). These revisions provide clarity and updated guidance to Federal agencies regarding the consistent and efficient use of Federal financial assistance. This document includes revisions to Part 1 (About Title 2 of the Code of Federal Regulations and Subtitle A); Part 25 (Unique Entity Identifier and System for Award Management); Part 170 (Reporting Subaward and Executive Compensation Information), Part 175 (Award Term for Trafficking in Persons); Part 180 (OMB Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement); Part 182 (Government-Wide Requirements for Drug-Free Workplace (Financial Assistance); Part 183 (Never Contract with the Enemy); Part 184 (Buy America Preferences for Infrastructure Projects); and Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Federal Agency: Office of Federal Financial Management, Office of Management and Budget Affected Area: Campus Amendment to Prohibited Transaction Exemption 84-24 This document contains a notice of amendment to Prohibited Transaction Exemption (PTE) 84-24, an exemption from certain prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 (the Code). The amendment affects participants and beneficiaries of plans, individual retirement account (IRA) owners, and certain fiduciaries of plans and IRAs. Federal Agency: Employee Benefits Security Administration, U.S. Department of Labor Affected Area: HR Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128 This document contains a notice of amendments to Prohibited Transaction Exemptions (PTEs) 75-1, 77-4, 80-83, 83-1, and 86-128, which are class exemptions from certain prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 (the Code). The amendments (collectively, the Mass Amendment) affect participants and beneficiaries of plans, individual retirement account (IRA) owners, and certain fiduciaries of plans and IRAs. Federal Agency: Employee Benefits Security Administration, U.S. Department of Labor Affected Area: HR Refunds and Other Consumer Protections The U.S. Department of Transportation (Department or DOT) is requiring automatic refunds to consumers when a U.S. air carrier or a foreign air carrier cancels or makes a significant change to a scheduled flight to, from, or within the United States and the consumer is not offered or rejects alternative transportation and travel credits, vouchers, or other compensation. These automatic refunds must be provided promptly, i.e., within 7 business days for credit card payments and within 20 calendar days for other forms of payment. To ensure consumers know when they are entitled to a refund, the Department is requiring carriers and ticket agents to inform consumers of their right to a refund if that is the case before making an offer for alternative transportation, travel credits, vouchers, or other compensation in lieu of refunds. Also, the Department is defining, for the first time, the terms “significant change” and “cancellation” to provide clarity and consistency to consumers with respect to their right to a refund. The Department is also requiring refunds to consumers for fees for ancillary services that passengers paid for but did not receive and for checked baggage fees if the bag is significantly delayed. For consumers who are unable to or advised not to travel as scheduled on flights to, from, or within the United States because of a serious communicable disease, the Department is requiring that carriers provide travel vouchers or credits that are transferrable and valid for at least 5 years from the date of issuance. Carriers may require consumers to provide documentary evidence demonstrating that they are unable to travel or have been advised not to travel to support their request for a travel voucher or credit, unless the Department of Health and Human Services (HHS) publishes guidance declaring that requiring such documentary evidence is not in the public interest. Federal Agency: Office of the Secretary (OST), Department of Transportation Affected Area: Campus Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance The U.S. Department of Education (Department) amends the regulations implementing Title IX of the Education Amendments of 1972 (Title IX). The purpose of these amendments is to better align the Title IX regulatory requirements with Title IX’s nondiscrimination mandate. These amendments clarify the scope and application of Title IX and the obligations of recipients of Federal financial assistance from the Department, including elementary schools, secondary schools, postsecondary institutions, and other recipients (referred to below as “recipients” or “schools”) to provide an educational environment free from discrimination on the basis of sex, including through responding to incidents of sex discrimination. These final regulations will enable all recipients to meet their obligations to comply with Title IX while providing them with appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures. Federal Agency: Office for Civil Rights, Department of Education Affected Area: Campus National Environmental Policy Act Implementing Procedures The U.S. Department of Energy (DOE or the Department) is revising its National Environmental Policy Act (NEPA) implementing procedures (regulations) to add a categorical exclusion for certain energy storage systems and revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of DOE’s NEPA regulations. These changes will help ensure that DOE conducts an appropriate and efficient environmental review of proposed projects that normally do not result in significant environmental impacts. Federal Agency: Office of the General Counsel, Department of Energy Affected Area: Facilities and Grounds Definition of “Employer”-Association Health Plans This document rescinds the Department of Labor’s (Department or DOL) 2018 rule entitled “Definition of Employer Under Section 3(5) of ERISA—Association Health Plans” (2018 AHP Rule). The 2018 AHP Rule established an alternative set of criteria from those set forth in the Department’s pre-2018 AHP Rule (pre-rule) guidance for determining when a group or association of employers is acting “indirectly in the interest of an employer” under section 3(5) of the Employee Retirement Income Security Act of 1974 (ERISA) for purposes of establishing an association health plan (AHP) as a multiple employer group health plan. The 2018 AHP Rule was a significant departure from the Department’s longstanding pre-rule guidance on the definition of “employer” under ERISA. This departure substantially weakened the Department’s traditional criteria in a manner that would have enabled the creation of commercial AHPs functioning effectively as health insurance issuers. The Department now believes that the core provisions of the 2018 AHP Rule are, at a minimum, not consistent with the best reading of ERISA’s statutory requirements governing group health plans. Federal Agency: Employee Benefits Security Administration, Department of Labor Affected Area: HR Enhancing Transparency of Airline Ancillary Service Fees The U.S. Department of Transportation (Department or DOT) is issuing a final rule to strengthen protections for consumers by ensuring that they have access to fee information for transporting baggage and changing or canceling a flight before ticket purchase. Under the final rule, U.S. air carriers, foreign air carriers, and ticket agents must clearly disclose passenger-specific or itinerary-specific fees for these services to consumers whenever fare and schedule information is provided for flights to, within, and from the United States. The Department is further requiring that carriers provide useable, current, and accurate information regarding fees for these critical ancillary services to any entity that is required to disclose critical ancillary service fee information to consumers. This final rule is in response to the Executive order on Promoting Competition in the American Economy, which directs the Department to take various actions to promote the interests of American workers, businesses, and consumers. The rule will ensure that consumers have the information they need to understand the true costs of air transportation that apply to them, which will create a more competitive market with better outcomes for consumers. Federal Agency: Office of the Secretary (OST), Department of Transportation (DOT) Affected Area: Campus Transfer of Certain Credits This document contains final regulations concerning the election under the Inflation Reduction Act of 2022 to transfer certain tax credits. The regulations describe rules for the election to transfer eligible credits in a taxable year, including definitions and special rules applicable to partnerships and S corporations and regarding excessive credit transfer or recapture events. In addition, the regulations describe rules related to a required IRS pre-filing registration process. These regulations affect eligible taxpayers that elect to transfer eligible credits in a taxable year and the transferee taxpayers to which eligible credits are transferred. Federal Agency: Internal Revenue Service (IRS), Treasury Affected Area: Tax Office Adoption of Updated WIPO Standard ST.26; Revision to Incorporation by Reference The USPTO first amended its rules in 2022 to incorporate by reference certain provisions of WIPO Standard ST.26. In addition to simplifying the process for applicants filing in multiple countries, the ST.26 requirement to submit a single sequence listing in eXtensible Markup Language (XML) format provides better preservation, accessibility, and sorting of the submitted sequence data for the public. Federal Agency: United States Patent and Trademark Office, Department of Commerce Affected Area: Office of Patents and Trademarks Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs Acting as Lead Agency, FHWA is publishing this final rule to amend and update 49 CFR part 24, which affects the land acquisition and displacement activities of all Federal agencies subject to the Uniform Act, as well as the activities of the recipients of funding from those Federal agencies. The proposed changes to this regulation are necessitated in part by Section 1521 of MAP-21 (Pub. L. 112-141, July 6, 2012). Section 1521 included increases in benefit levels for displaced persons, authority to develop a regulatory mechanism to consider and implement future adjustments to those benefit levels, the requirement for an annual report on Government-wide real property acquisitions subject to the Uniform Act, and provisions for the funding of Lead Agency services. In addition to these required changes, FHWA is amending the regulations to clarify existing requirements for implementing the Uniform Act, meet modern needs, and improve the agencies’ service to individuals and businesses affected by Federal or federally assisted projects. Federal Agency: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT) Affected Area: Campus Development Uniform Procedures for State Highway Safety Grant Programs This final rule amends the uniform procedures implementing the State Highway Safety Grant Program to waive, for Fiscal Year (FY) 2025, the requirement that targets for the common performance measures be identical to targets in the State Highway Safety Improvement Program. This final rule makes a corresponding change to a similar requirement in the FHWA’s performance management regulation. Federal Agency: National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT) Affected Area: UAPD Proposed Rules Rules Governing Director Review of Patent Trial and Appeal Board Decisions The United States Patent and Trademark Office (USPTO or Office) proposes new rules to govern the process for the review of Patent Trial and Appeal Board (PTAB or Board) decisions in America Invents Act (AIA) proceedings by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director). Specifically, the USPTO proposes these rules in light of stakeholder feedback received in response to a request for comments (RFC). The proposed rules promote the accuracy, consistency, and integrity of PTAB decision-making in Leahy-Smith America Invents Act of 2011 (AIA) proceedings. Federal Agency: United States Patent and Trademark Office, Department of Commerce Affected Area: ORED Comments Due: 6/17/2024 Student Debt Relief for the William D. Ford Federal Direct Loan Program (Direct Loans), the Federal Family Education Loan (FFEL) Program, the Federal Perkins Loan (Perkins) Program, and the Health Education Assistance Loan (HEAL) Program In this NPRM, the Department proposes regulations, in accordance with the Secretary’s authority to waive repayment of a loan provided by the HEA, to provide targeted debt relief as part of efforts to address the burden of student loan debt. The proposed regulations would modify the Department’s existing debt collection regulations to provide greater specificity regarding certain non-exhaustive situations in which the Secretary may exercise discretion to waive all or part of any debts owed to the Department. Federal Agency: Office of Postsecondary Education, Department of Education Affected Area: Student Financial Aid Comments Due: 5/17/2024 Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966; Hearing This document provides a notice of public hearing on proposed regulations regarding excise taxes on taxable distributions made by a sponsoring organization from a donor advised fund (DAF), and on the agreement of certain fund managers to the making of such distributions. Federal Agency: Internal Revenue Service (IRS), Treasury Affected Area: Tax Office Transactions With Foreign Trusts and Information Reporting on Transactions With Foreign Trusts and Large Foreign Gifts This document contains proposed regulations that provide guidance regarding information reporting of transactions with foreign trusts and receipt of large foreign gifts and regarding loans from, and uses of property of, foreign trusts. This document also contains proposed amendments to the regulations relating to foreign trusts having one or more United States beneficiaries. The proposed regulations affect United States persons who engage in transactions with, or are treated as the owners of, foreign trusts, and United States persons who receive large gifts or bequests from foreign persons. This document also provides notice of a public hearing on the proposed regulations. Federal Agency: Internal Revenue Service (IRS), Treasury Affected Area: Advancement Comments Due: 7/8/2024 Notices AI and Open Government Data Assets Request for Information The U.S. Department of Commerce is committed to advancing transparency, innovation, and the responsible use and dissemination of public data assets, including for use by data-driven AI technologies. To this end, we are pleased to issue this Request for Information (RFI) to seek valuable insights from industry experts, researchers, civil society organizations, and other members of the public on the development of AI-ready open data assets and data dissemination standards. Federal Agency: Department of Commerce Affected Area: Campus Comments Due: 7/16/2024 Peer Review Opportunities With the U.S. Department of Education’s Office of Elementary and Secondary Education (OESE); Office of English Language Acquisition (OELA); Office of Postsecondary Education (OPE); and Office of Special Education and Rehabilitative Services (OSERS) The U.S. Department of Education (Department) announces opportunities for individuals to participate in its peer review process for competitive grant funding under the programs administered by OESE, OELA, OPE, and OSERS. Federal Agency: Office of Elementary and Secondary Education, Office of English Language Acquisition, Office of Postsecondary Education, and Office of Special Education and Rehabilitative Services, U.S. Department of Education Affected Area: College of Education Comments Due: Ongoing Agency Information Collection Activities; Comment Request; Income Driven Repayment Plan Request for the William D. Ford Federal Direct Loans and Federal Family Education Loan Programs Department of Education (the Department) is requesting revision of the form without change to the usage or burden amounts of the information collection, 1845-0102. The Department is requesting the 60-day public comment period. The Department is updating the IDR Request Form that is used by a borrower to enroll, re-certify, or change their IDR plan to support the entirety of the final rule published July 10, 2023. Specifically, the form is being updated to remove the option for new enrollments in the PAYE Plan and limit new enrollments in the ICR Plan to borrowers with specific types of loans. The form has also been updated to make the definition of family size consistent for all borrowers. The form updates the terms of the SAVE Plan to reduce the discretionary income percentage used to calculate monthly payments for undergraduate-level loans and describe the new shortened forgiveness timelines for borrowers with low initial loan debts. Additionally, updates were made to reorganize the order of the sections and to improve readability and the borrower experience. Federal Agency: Federal Student Aid (FSA), Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 6/17/2024 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; The Title VI Undergraduate International Studies and Foreign Language (UISFL) Program Application (1894-0001) This application package is used by institutions of higher education, partnerships between nonprofit educational organizations and institutions of higher education, and public and private nonprofit organizations, to apply for grants under the Title VI UISFL program. Information submitted in this collection will be used during the peer review to evaluate and score the applications, and to make funding decisions. The Department requires this information collection in order to make discretionary grant awards under this program. Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED) Affected Area: College of Education, College of Foreign Languages Comments Due: 5/20/2024 Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and Associated Disposals; Draft Risk Evaluation Under the Toxic Substances Control Act; Notice of Availability, Webinar and Request for Comment The Environmental Protection Agency (EPA or the Agency) is announcing the availability of and seeking public comment on a draft document titled “Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos” and is announcing a webinar on May 13, 2024. EPA is evaluating legacy uses and associated disposals of asbestos including chrysotile asbestos, five additional fiber types, asbestos-containing talc, and Libby asbestos. EPA has used the best available science to preliminarily determine that asbestos poses unreasonable risk to human health. Federal Agency: Environmental Protection Agency (EPA) Affected Area: Facilities and Grounds, EHS Comments Due: 6/17/2024 Accrediting Agencies Currently Undergoing Review for the Purpose of Recognition by the U.S. Secretary of Education This notice provides information to members of the public on submitting written comments for accrediting agencies currently undergoing review for the purpose of recognition by the U.S. Secretary of Education. Federal Agency: U.S. Department of Education, Accreditation Group, Office of Postsecondary Education Affected Area: ORIA Agency Information Collection Activities; Comment Request; Federal Perkins/NDSL Loan Assignment Form The U.S. Department of Education (the Department) is authorized to accept Federal Perkins Loan (Perkins Loan) Program assignments under section 463(a)(5) of the Higher Education Act of 1965, as amended. Institutions participating in the Perkins Loan program, including loans made under the National Direct/Defense Student Loan Program (NDSL), use the form (OMB Control Number 1845-0048) to assign loans to the Department for collection without recompense. This request is for approval of the assignment form which allows for assignment of Perkins Loans either individually or in a batch format, utilizing either the paper based or electronic filing format. Federal Agency: Federal Student Aid (FSA), Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 6/24/2024 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Personal Authentication Service (PAS) for FSA ID Federal Student Aid (FSA) requests extension without change of the Person Authentication Service (PAS) which creates an FSA ID, a standard username and password solution. In order to create an FSA ID to gain access to certain FSA systems (the Free Application for Federal Student Aid (FAFAFSA) on the Web, National Student Loan Data System (NSLDS), StudentLoans.gov, etc.) a user must register on-line for an FSA ID account. The FSA ID allows the customer to have a single identity, even if there is a name change or change to other personally identifiable information. The information collected to create the FSA ID enables electronic authentication and authorization of users for FSA web-based applications and information and protects users from unauthorized access to user accounts on all protected FSA sites. Federal Agency: Federal Student Aid (FSA), Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 5/24/2024 Request for Information (RFI) Regarding Developing a Postsecondary Student Success Award Program for Institutions of Higher Education The U.S. Department of Education (Department) is requesting information in the form of written comments that include information, suggestions, and proposals regarding an award system to recognize institutions of higher education (IHEs) that serve as engines of opportunity and economic mobility by supporting all students to complete affordable credentials of value that prepare them well to participate in the workforce, their communities, and our democracy. Federal Agency: Office of the Under Secretary, U.S. Department of Education Affected Area: Student Success Comments Due: 5/28/2024 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Renewal) Subtitle I of the Resource Conservation and Recovery Act (RCRA), as amended, requires that EPA develop standards for Underground Storage Tank (UST) systems, as may be necessary, to protect human health and the environment, and procedures for approving state programs in lieu of the federal program. EPA promulgated technical and financial requirements for owners and operators of USTs at 40 CFR part 280, and state program approval procedures at 40 CFR part 281. This ICR is a comprehensive presentation of all information collection requirements contained at 40 CFR parts 280 and 281. Federal Agency: Environmental Protection Agency (EPA) Affected Area: EHS Comments Due: 5/28/2024 Request for Input From the Public on Section 7.1(b) of Executive Order 14110, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” The National Institute of Justice (NIJ) seeks written input from the public relevant to section 7.1(b) of Executive Order 14110, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” NIJ is seeking information that could inform a report that addresses the use of artificial intelligence (AI) in the criminal justice system. Federal Agency: National Institute of Justice, Office of Justice Programs, U.S. Department of Justice Affected Area: Campus Comments Due: 5/28/2024 Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing The United States Patent and Trademark Office (USPTO or Office) seeks public comments regarding the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability made in view of the foregoing. The increasing power and deployment of AI has the potential to provide tremendous societal and economic benefits and foster a new wave of innovation and creativity while also posing novel challenges and opportunities for intellectual property (IP) policy. Through the AI and Emerging Technologies Partnership (AI/ET Partnership), the USPTO has been actively engaging with the innovation community and AI experts on IP policy in view of AI. To build on these efforts, the USPTO is requesting written public comments on how the proliferation of AI could affect certain evaluations made by the Office, including what qualifies as prior art, the assessment of the level of skill of a PHOSITA, and determinations of patentability made in view of these evaluations. The USPTO expects that the responses received will help the Office evaluate the need for further guidance on these matters, aid in the development of any such guidance, and help inform the USPTO’s work in the courts and in providing technical advice to Congress. Federal Agency: United States Patent and Trademark Office, Department of Commerce Affected Area: Office of Patents and Trademarks Comments Due: 7/29/2024 Notice of Intent To Prepare an Environmental Impact Statement and To Initiate Scoping for Federal Coal Lease Applications for Two Leases To Expand Operations at the Warrior Met Coal Mines, Tuscaloosa County, Alabama In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), the Bureau of Land Management (BLM) Southeastern States District Office, Flowood, Mississippi, intends to prepare an Environmental Impact Statement (EIS) to consider the effects of offering two Federal coal leases by holding a competitive lease sale for each respective Lease By Application (LBA) received from Warrior Met Coal, Inc. This notice is announcing the beginning of the scoping process to solicit public comments and identify issues. Federal Agency: Bureau of Land Management, Interior Affected Area: Campus Comments Due: 5/30/2024 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; PLUS Adverse Credit Reconsideration Loan Counseling Section 428B(a)(1)(A) of the Higher Education Act of 1965, as amended (HEA), provides that to be eligible to receive a Federal PLUS Loan under the Federal Family Education Loan (FFEL) Program, the applicant must not have an adverse credit history, as determined pursuant to regulations promulgated by the Secretary. In accordance with section 455(a)(1) of the HEA, this same eligibility requirement applies to applicants for PLUS loans under the Direct Loan Program. Since July 1, 2010, there have been no new FFEL Program loans originated and the Direct Loan Program is the only Federal loan program that offers Federal PLUS Loans. The adverse credit history section of the eligibility regulations in 34 CFR 685.200 (b) and (c) were updated in 2014 by the Department of Education (the Department) when a review of and a change to the regulations was made. Specifically, an applicant for a PLUS loan who is determined to have an adverse credit history must complete loan counseling offered by the Secretary before receiving the Federal PLUS loan. Federal Agency: Federal Student Aid (FSA), Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 5/31/2024 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Joint Consolidation Loan Separation Application This is a new collection. The Joint Consolidation Loan Separation Act (JCLSA), amended the Higher Education Act of 1965, as amended (HEA) to allow joint consolidation co-borrowers to apply to separate an existing joint Direct Consolidation Loan or Federal Consolidation Loan into individual Direct Consolidation Loans. The HEA, as amended by the JCLSA, requires joint consolidation loan borrowers to apply to the U.S. Department of Education if they wish to separate an existing joint consolidation loan into one or more individual Direct Consolidation Loans. The JCLSA allows for either joint application or separate application. Under the joint application option, each joint consolidation loan co-borrower applies for an individual Direct Consolidation Loan. Unless the co-borrowers agree on an alternate amount specified in a divorce decree, court order, or settlement agreement, each co-borrowers new individual Direct Consolidation Loan will be made for an amount equal to the co-borrowers’ portion of the remaining outstanding balance of the joint consolidation loan. Under the separate application option, a co-borrower who certifies that they have experienced an act of domestic violence or economic abuse from the other co-borrower, or that they are unable to reasonably reach or access the loan information of the other co-borrower, may apply separately for a new individual Direct Consolidation Loan, without regard to whether or when the other co-borrower applies. In this circumstance, the applying co-borrowers new Direct Consolidation Loan will be made for an amount equal to that individual’s portion of the joint consolidation loan, determined as described above for the joint application option. Federal Agency: Federal Student Aid (FSA), Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 6/6/2024 Federal Need Analysis Methodology for the 2024-25 Award Year-Federal Pell Grant, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, William D. Ford Federal Direct Loan, and TEACH Grant Programs The Secretary announces the annual updates to the tables used in the statutory Federal Need Analysis Methodology that determines a student’s Student Aid Index (SAI) for award year (AY) 2024-25 for student financial aid programs, Assistance Listing Numbers (ALN) 84.063, 84.033, 84.007, 84.268, and 84.379. The intent of this notice is to alert the financial aid community and the broader public to these required annual updates used in the determination of student aid eligibility. Federal Agency: Federal Student Aid, Department of Education Affected Area: Student Financial Aid Notice To Announce the Significant Changes to the NIH Grants Policy Statement for Fiscal Year 2024 The National Institutes of Health (NIH) announces publication of the updated significant changes that have already been made to the NIH Grants Policy Statement (GPS) in fiscal year 2023 that will be reflected in the GPS for fiscal year 2024. The NIH GPS provides both up-to-date policy guidance that serves as NIH standard terms and conditions of award for all NIH grants and cooperative agreements, and extensive guidance to those who are interested in pursuing NIH grants. This update incorporates significant changes for FY 2024, such as new and modified requirements, clarifies certain policies, and implements changes in statutes, regulations, and policies that have been implemented through appropriate legal and/or policy processes ( e.g.,Federal Register Notices, where appropriate) since the previous version of the NIHGPS dated December 2022. Federal Agency: National Institutes of Health, HHS Affected Area: ORED Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Process for FSA ID Account Creation for Individuals Without a Social Security Number in Connection With Person Authentication Service (PAS) Applicants, parents, and borrowers establish an FSA ID, which includes a username and password. The FSA ID is used for the purposes of verifying the identity of the user; allowing users to establish an account with FSA; safeguarding their personally identifiable and financial information; signing applications and loan related documents; providing users access to their information and applications; allowing users to customize or update their accounts with FSA; renewing or revoking a user’s account with FSA; and supporting the Federal Student Aid Information Center (FSAIC) help desk functions. Federal Agency: Federal Student Aid (FSA), Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 6/10/2024 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Campus Safety and Security Survey The collection of information through the Campus Safety and Security Survey (CSS) is necessary under section 485 of the Higher Education Act of 1965, as amended, with the goal of increasing transparency surrounding college safety and security information for students, prospective students, parents, employees, and the general public. The survey is a collection tool to compile the annual data on campus crime and fire safety. The data collected from the individual institutions by the Department of Education (ED) is made available to the public through the Campus Safety and Security Data Analysis and Cutting Tool as well as the College Navigator. Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED) Affected Area: UAPD Comments Due: 6/13/2024   Items of Interest Solicitation of Nominations for Appointment to the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment In accordance with the Federal Advisory Committee Act, the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment (CHAC). CHAC consists of 18 experts in fields associated with public health; epidemiology; laboratory practice; immunology; infectious diseases; substance use disorder; behavioral science; health education; healthcare delivery; state health programs; clinical care; preventive health; medical education; health services and clinical research; health equity; and healthcare financing, who are selected by the Secretary, HHS. Comments Due: 10/1/2024 Biden Administration Finalizes Overtime Rule The updated regulation will require colleges and universities across the country to either raise staff salaries to $58,656 or grant them overtime pay by Jan. 1, 2025. Campus Protests Offer Leaders a Guide for Handling 2024 Election As the chaos of campus protests over the Israel-Hamas war reaches a fever pitch, the Constructive Dialogue Institute has released a guide to help higher education leaders manage their campus climates in preparation for the 2024 election season. Is Financial Aid the New Affirmative Action? Many highly selective colleges are pumping up their financial aid offerings. With race-conscious admissions out of the picture, it may be their best bet for diversity. New Title IX Rules Are Out. Here’s What You Need to Know Designed to protect college and university students and employees from sex-based harassment and sexual violence, the regulations will overhaul how institutions respond to reports of sexual misconduct, among other changes. New Data Consortium Wants Colleges to ‘Own’ Their AI Future American Council on Education will lead global effort to pool data on tens of millions of students to improve learner success and collaborate on AI tools. Iowa Governor Signs Bill to Arm School Staff Iowa Governor Kim Reynolds signed into law Friday legislation that will allow trained school staff to carry guns on school grounds. House File 2586 creates a new permitting process for Iowa K-12 public and private schools, community colleges, and public and private colleges and universities to arm trained staff. The measure provides qualified immunity to school districts and employees from criminal or civil liability for “damages incurred pursuant to the application of reasonable force.” The United States Moves Toward a Comprehensive Privacy Law (One More Time) This bipartisan, bicameral draft legislation builds upon the previous draft U.S. comprehensive privacy bills and seeks to eliminate the existing patchwork of sectoral-based and state-specific data privacy laws in the United States. If passed, the APRA would rival the EU General Data Protection Regulation (GDPR) and become one of the leading global privacy standards. Solicitation of Membership Nominations for the Advisory Committee on Excellence in Space (ACES) NOAA is seeking up to 25 individuals to serve on the Advisory Committee on Excellence in Space (ACES), a Federal advisory committee. Members of the committee will evaluate economic, technological, and institutional developments relating to nongovernmental space activities and submit advice and recommendations on promising new ideas and approaches for Federal policies and programs. The ACES membership should consist of a variety of space policy, engineering, technical, science, legal, and finance professionals with significant experience in the commercial space industry. Comments Due: 5/29/2024 ‘Catastrophic Success’ Threatens Army Education Benefits Two of the Service’s premier education benefits, Credential and Tuition Assistance, are under review. Higher ed advocates are concerned. New Battle Lines Drawn in Congressional Fight With Colleges Congress has ratcheted up its scrutiny of colleges in recent months in response to increased student protests against Israel’s war in Gaza and reports of increased antisemitic incidents on campuses. But this latest effort is the most coordinated and expansive inquiry into the nation’s colleges and universities, and the consequences could be vast. Several lawmakers hinted Tuesday at the possibility of cutting off billions of federal dollars for financial aid and research to institutions they say are violating federal civil rights laws by not adequately protecting Jewish students. New AI Guidelines Aim to Help Research Libraries The new list of seven principles support librarians increasingly bombarded with questions about artificial intelligence. Yale Freshman Creates AI Chatbot With Answers on AI Ethics Amid intellectual property and ethics concerns about AI large language models, a student created one based on his professor’s ethics work. House Passes Antisemitism Awareness Act Lawmakers in the House of Representatives voted 310 to 91 Wednesday to codify a broad definition of antisemitism into federal civil rights law. What the ‘Antisemitism Awareness’ Bill Could Mean for Higher Ed The House voted Wednesday to codify a broad definition of antisemitism into federal law. Supporters say it’s necessary to protect Jewish students. Critics worry that it could chill free speech on campus. Request for Nominations for Members To Serve on National Institute of Standards and Technology and National Technical Information Service Federal Advisory Committees The National Institute of Standards and Technology (NIST or Institute) and the National Technical Information Service (NTIS) invites and requests nomination of individuals for appointment to eleven existing Federal Advisory Committees (Committees): Advisory Committee on Earthquake Hazards Reduction; Board of Overseers of the Malcolm Baldrige National Quality Award; Industrial Advisory Committee; Information Security and Privacy Advisory Board; Internet of Things Advisory Board; Judges Panel of the Malcolm Baldrige National Quality Award; Manufacturing Extension Partnership Advisory Board; National Artificial Intelligence Advisory Committee; National Construction Safety Team Advisory Committee; National Technical Information Service Advisory Board; and Visiting Committee on Advanced Technology. NIST and NTIS will consider nominations received in response to this notice for appointment to the Committees, in addition to nominations already received. Registered Federal lobbyists may not serve on NIST or NTIS Federal Advisory Committees in an individual capacity. Nominations accepted: Ongoing Temple DPS Ride-Along Program Pairs Students with Campus Police Earlier this year, Temple University’s Department of Public Safety (TUDPS) launched a new ride-along initiative, connecting students interested in law enforcement with Temple police to provide a firsthand understanding of the duties of a campus officer. The program is also open to non-students as Temple’s Department of Public Safety seeks to hire more officers amid a national shortage. Call for Nominations for the Scientific Earthquake Studies Advisory Committee The Department of the Interior is seeking nominations to serve on the Scientific Earthquake Studies Advisory Committee (SESAC). The SESAC advises the Director of the U.S. Geological Survey (USGS) on matters relating to the USGS’s participation in the National Earthquake Hazards Reduction Program (NEHRP). Nominations Due: 6/7/2024 Invasive Species Advisory Committee; Second Request for Nominations The U.S. Department of the Interior, on behalf of the interdepartmental National Invasive Species Council (NISC), proposes to appoint new members to the Invasive Species Advisory Committee (ISAC). The Secretary of the Interior, acting as administrative lead, is requesting nominations for qualified persons to serve as members of the ISAC. Nominations Due: 6/7/2024 Protests Magnify Concerns About Student Mental Health Data from digital mental health platforms for college students show an increased demand for counseling amid tensions stemming from the Israel-Hamas war. Political Standoff Over Title IX Puts Red State Colleges in No-Win Situation Eight states—so far—say they’ll defy the Biden administration and not comply with the new Title IX regulations. That would imperil nearly $13 billion in federal aid for public universities in those states. Expert Guide | Promoting Student Mental Health & Well-Being Authored by Jeffrey Selingo. Learn why institutions need to take a multifaceted approach to strengthen student mental health and well-being initiatives and explore the 9 principles of effective prevention programs. Download the expert guide today! The Next Carnegie Classification Update Will Be Its Biggest Yet (The Chronicle) The classifications are revised every few years, but Gunja is billing the 2025 version as “the biggest update since the classifications were first released in 1973,” for changes including the mobility measure and others…. The basic classification, which every U.S. college gets, is simplifying drastically. A college’s research activity will no longer be part of the basic classification. Instead, a research label will  only apply to those colleges that conduct a lot of research. Policies There are no new or revised policies to report this month. There are several that are in various review stages and those will be shared as soon as they are approved.

Compliance Alert – April 2024

• April 22nd, 2024
• in Compliance, Newsletter

Final Rules Signature Requirements Related to Acceptance of Electronic Signatures for Patent Correspondence The United States Patent and Trademark Office (USPTO or Office) is revising the rules of practice in patent cases to update the signature rule to provide for the broader permissibility of electronic signatures using third-party document-signing software, such as DocuSign® and Acrobat® Sign, and more closely align signature requirements with the rules of practice in trademark cases. The revised rules will provide additional flexibility and convenience to patent applicants and owners, practitioners, and other parties who sign patent-related correspondence, and promote consistency by establishing signature requirements which are common to both patent and trademark matters. Federal Agency: United States Patent and Trademark Office, Department of Commerce Affected Area: Patents and Trademarks Federal Acquisition Regulation: Establishing Federal Acquisition Regulation Part 40 DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to add the framework for a new FAR part on information security and supply chain security. The creation of this new FAR part does not implement any of the information security and supply chain security policies or procedures. The amendment simply establishes the new FAR part. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Federal Acquisition Regulation; Federal Acquisition Circular 2024-04; Introduction This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2024-04. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Federal Acquisition Regulation; Federal Acquisition Circular 2024-04; Small Entity Compliance Guide This final rule amends the Federal Acquisition Regulation (FAR) to add the framework for a new FAR part on information security and supply chain security. The new FAR part will be used to prescribe policies and procedures for managing information security and supply chain security when acquiring products and services. The creation of this new FAR part does not implement any of the information security and supply chain security policies or procedures. Relocation of the related existing policies or procedures will be done through separate rulemaking. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Worker Walkaround Representative Designation Process In this final rule, OSHA is amending its Representatives of Employers and Employees regulation to clarify that the representative(s) authorized by employees may be an employee of the employer or a third party; such third-party employee representative(s) may accompany the OSHA Compliance Safety and Health Officer (CSHO) when, in the judgment of the CSHO, good cause has been shown why they are reasonably necessary to aid in the inspection. In the final rule, OSHA also clarified that a third party may be reasonably necessary because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills. OSHA concluded that these clarifications aid OSHA’s workplace inspections by better enabling employees to select representative(s) of their choice to accompany the CSHO during a physical workplace inspection. Employee representation during the inspection is critically important to ensuring OSHA obtains the necessary information about worksite conditions and hazards. Federal Agency: Occupational Safety and Health Administration (OSHA), Labor Affected Area: HR, EHS Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage This document sets forth final rules that amend the definition of short-term, limited-duration insurance, which is excluded from the definition of individual health insurance coverage under the Public Health Service Act. This document also sets forth final rules that amend the regulations regarding the requirements for hospital indemnity or other fixed indemnity insurance to be considered an excepted benefit in the group and individual health insurance markets. Federal Agency: HR Affected Area: Campus Proposed Rules Setting and Adjusting Trademark Fees During Fiscal Year 2025 The United States Patent and Trademark Office (USPTO) proposes to set and adjust trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The proposed fee adjustments will provide the USPTO sufficient aggregate revenue to recover the aggregate costs of trademark operations in future years (based on assumptions and estimates found in the agency’s Fiscal Year 2025 Congressional Justification (FY 2025 Budget)), including implementing the USPTO 2022–2026 Strategic Plan (Strategic Plan). Federal Agency: United States Patent and Trademark Office, Department of Commerce Affected Area: Patents and Trademarks Comments Due: 5/28/2024 Notices Notice of Adoption of Department of Energy Categorical Exclusion Under the National Environmental Policy Act The Environmental Protection Agency (EPA) is adopting two categorical exclusions (CEs) from the Department of Energy (DOE) under the National Environmental Policy Act (NEPA) for drop-off, collection, and transfer facilities for recyclable materials and for installation or relocation of machinery and equipment, to use in EPA’s programs and in funding opportunities administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use DOE’s CEs and describes the consultation between the agencies. Federal Agency: Environmental Protection Agency Affected Area: ORED Submission for OMB Review; Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding Federal Acquisition Regulation part 3, Improper Business Practices and Personal Conflicts of Interest. Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement, COI Comments Due: 4/24/2024 Agency Information Collection Activities; Submission for OMB Review; Comment Request; Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers This information collection is associated with the hydrostatic testing of portable fire extinguishers. Persons performing the test are required to record their name, the date of the test, and the identifier of the extinguisher tested as evidence of completing the test. For additional substantive information about this ICR, see the related notice published in the Federal Register on January 9, 2024 (89 FR 1128). Federal Agency: Department of Labor Affected Area: EHS Comments Due: 4/24/2024 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions. Federal Agency: Office of Finance and Operations (OFO), Department of Education (ED) Affected Area: Registrar Comments Due: 4/26/2024 Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Urban Waters Federal Partnership Program The Urban Waters Federal Partnership is a voluntary program created in 2011 that seeks to reconnect urban communities, particularly those that are overburdened or economically distressed, with their waterways to become stewards for clean urban waters. Working with a diverse set of partners, the program seeks to help communities restore and protect water quality and revitalize adjacent rural, suburban, and urban neighborhoods throughout the watershed. Federal Agency: Environmental Protection Agency (EPA) Affected Area: Facilities and Grounds Comments Due: 5/28/2024 Agency Information Collection Activities: Requests for Comments; Clearance of Renewal of an Information Collection: Operational Waivers for Small Unmanned Aircraft Systems The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on January 4, 2024 (89 FR 501). The FAA is seeing increased complexity of small, unmanned aircraft systems (sUAS) operation flying under 14 CFR part 107. Under 14 CFR 107.205, operators of small UAS continue to request waivers from certain operational rules. In 2018, the FAA updated and modernized the process for applying for such waivers by introducing the FAADroneZone website. These improvements have facilitated the process of collecting and submitting the information required as part of a waiver application. In 2021, recognizing the demand to expedite the integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS), the FAA revised the regulatory framework for safely integrating UAS into routine NAS operations. The was accomplished by publishing the “Operation of Small Unmanned Aircraft Systems Over People” rule in January 2021, which permitted routine operations of small, unmanned aircraft over people and at night under certain conditions. This change significantly decreased the waiver requests for such operations by over 55%. In order to process operational waiver requests, the FAA requires the operator’s name, the operator’s contact information, and information related to the date, place, and time of the requested small UAS operation. Additional information is required related to the proposed waiver and any necessary mitigations. The FAA will use the requested information to determine if the proposed UAS operation can be conducted safely. This information is necessary for the FAA to meet its statutory mandate of maintaining a safe and efficient national airspace. See 49 U.S.C. 40103, 44701 and 44807. Federal Agency: Federal Aviation Administration (FAA), DOT Affected Area: EHS Comments Due: 4/26/2024 Agency Information Collection Activities; Comment Request; International Resource Information System (IRIS) Information Resource Information System (IRIS) is an online performance reporting system for grantees of International and Foreign Language Education (IFLE) programs. The site also allows for IFLE program officers to process overseas language requests, travel authorization requests, and grant activation requests. IRIS keeps a record of these requests and also of Foreign Language and Area Studies (FLAS) Fellowship recipients and grantee performance reports. Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED) Affected Area: Capstone International Annual Updates to the Income-Contingent Repayment (ICR) Plan Formula for 2024-William D. Ford Federal Direct Loan Program Effective July 1, 2024, borrowers may select the ICR plan only for repayment of non-defaulted Direct Consolidation Loans that repaid one or more Direct or Federal PLUS Loans made to a parent borrower. However, borrowers who were repaying other types of Direct Loans under the ICR plan as of July 1, 2024, may continue to repay their loans under that plan. Under the ICR plan, the borrower’s monthly payment amount is based on the borrower’s Adjusted Gross Income (AGI), family size, loan amount, and the interest rate applicable to each of the borrower’s loans. A Direct Loan borrower who repays under the ICR plan pays the lesser of: (1) the monthly amount that would be required over a 12-year repayment period with fixed payments, multiplied by an income percentage factor; or (2) 20 percent of their discretionary income. Federal Agency: Federal Student Aid, Department of Education Affected Area: Student Financial Aid Comments Due: 5/28/2024 Agency Information Collection Activities; Comment Request; Pell Grant Reporting Under the Common Origination and Disbursement (COD) System The Federal Pell Grant (Pell Grant) program is a student financial assistance program authorized under the Higher Education Act of 1965, as amended (HEA). The program provides grant assistance to an eligible student attending an institution of higher education. The institution determines the students award and disburses program funds on behalf of the Department of Education (the Department). Institutions are required to report student Pell Grant payment information to the Department electronically. Electronic reporting is conducted through the Common Origination and Disbursement (COD) system. The COD system is used by institutions to request, report, and reconcile grant funds received from the Pell Grant program. The Department uses the information collected in the COD system to aid in ensuring compliance with fiscal and administrative requirements under the HEA for the Pell Grant program and under 34 CFR 690 for the Pell Grant program regulations. This is a request for an extension of the current information collection. Federal Agency: Federal Student Aid, Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 6/10/2024 Portable Fire Extinguishers Standard (Annual Maintenance Certification Record); Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements OSHA solicits public comments concerning the proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Portable Fire Extinguishers Standard (Annual Maintenance Certification Record). Federal Agency: Occupational Safety and Health Administration (OSHA), Labor Affected Area: EHS Comments Due: 6/10/2024 Items of Interest The University of Alabama is changing the contract review process for software purchases! Beginning 4/8/2024, all compliance-related reviews for software purchases will occur PRIOR to loading any contract documents into the UA Contract Portal. You will no longer complete and submit the Software IT form when you submit a contract for review and execution. This assessment replaces the previous form and will allow for a compliance review to be complete by personnel across campus who are responsible for privacy, compliance, security, risk management, cyber insurance, and other risks, as appropriate, in advance of submitting the contract for execution. Solicitation for Nominations for Appointment to the Board of Scientific Counselors, National Institute for Occupational Safety and Health In accordance with the Federal Advisory Committee Act, the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Board of Scientific Counselors, National Institute for Occupational Safety and Health (BSC, NIOSH). The BSC, NIOSH consists of 15 experts in fields associated with occupational safety and health. Alabama Lawmakers OK Bill Targeting DEI, ‘Divisive Concepts’ The Republican-controlled Alabama Legislature passed a bill Tuesday that would, within public higher education institutions, limit so-called “divisive concepts” plus diversity, equity and inclusion programs and transgender individuals’ access to campus bathrooms. In a particular concern for free speech advocates, Senate Bill 129 could stop faculty members from teaching about what the bill dubs “divisive concepts”—such as the idea that meritocracy is racist—even in a critical way. Jeremy Young, the Freedom to Learn program director at PEN America, has said it would be “the most restrictive educational gag order in the country” affecting higher education. Universities Build Their Own ChatGPT-like Tools As concerns mount over the ethical and intellectual property implications of AI tools, universities are launching their own chatbots for faculty and students. How Perceptions of College Value Play Out on Social Media A scan of 13,000 social media comments discussing the value of going to college shows that 93 percent of them reflected negative or neutral views, a recent report finds. No Surprises for Higher Ed in Spending Bill The final federal spending package for the 2023–24 fiscal year, released Thursday, would provide mostly level funding for higher ed, with a small increase for Federal Student Aid. A Primary Loyalty An ongoing debate in Virginia speaks to the need to clarify the bedrock duties of university boards, Thomas K. Hyatt and Morgan Alexander write. Solicitation for Members of the NOAA Science Advisory Board NOAA is soliciting nominations for members of the NOAA Science Advisory Board (SAB). The SAB is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans, Atmosphere, and NOAA Administrator on long- and short-range strategies for research, education, and application of science to resource management and environmental assessment and prediction. The SAB consists of approximately twenty members reflecting the full breadth of NOAA’s areas of responsibility and assists NOAA in maintaining a complete and accurate understanding of scientific issues critical to the agency’s missions. Comments Due: 5/9/2024 Higher Ed Workers Seek to Coordinate Nationally A group called Higher Ed Labor United is trying to overcome the silos that divide unions and keep them from working together against the many threats to colleges and universities. Digital Media Literacy Becoming a Graduation Requirement As concerns mount about online misinformation, AI-created images and the ethics of the digital landscape, several institutions are requiring courses in digital media literacy. The 2024 Federal Budget for Colleges, Researchers and Students Most federal programs important to higher education will see little to no increase in support. Arizona GOP Bill Would Stifle Faculty Power in Governance The legislation, nearing passage, would bolster the power of presidents and regents while reducing faculty members to merely “consulting” on governing, academic and personnel decisions. Citing FAFSA Mess, Colleges Want Relief From New Gainful Rule The Education Department asked for two years’ worth of data by July 31—a task that will be “a significant institutional undertaking,” administrators say. Sting Operation Fools a Proctoring Service—and Results in Blackmail Attempt A staff member at a Florida college, posing as a student, hires a contract cheating firm to test the institution’s systems for preventing fraud. The outcome offers lessons for instructors and students as virtual learning expands. University of Kentucky President Proposes to Strip Faculty Body’s Power Eli Capilouto released a “draft of principles” Wednesday that would dissolve the University Senate and replace it with an advisory group. DOJ Uncovering More Misconduct Through Self-Disclosure Program, Says Top Official More companies are choosing to voluntarily disclose misconduct to prosecutors after a policy revision last year that increased the potential benefits of doing so, a top Justice Department official said. Education Department Heeds Calls to Delay Gainful Reporting Deadline Colleges had asked for a later date, citing the administrative workload stemming from the bungled launch of the new FAFSA. They’ll now have until Oct. 1 to submit a range of new information about their programs. Solicitation of Nominations for Appointment to the Communications and Public Engagement Workgroup of the Advisory Committee to the Director, CDC; Notice of Extension In accordance with the Federal Advisory Committee Act, the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Communications and Public Engagement Workgroup (CPEW) of the Advisory Committee to the Director, CDC. The CPEW consists of approximately 15 members who are experts in fields associated with communications, including public relations, health communication, risk communication, communication research, and marketing; community and partner engagement; public health science and practice, including implementation; and behavioral science/behavior change campaigns. Comments Due: 4/26/2024 Universities Oppose Federal Plan to Bolster Research Misconduct Oversight The Office of Research Integrity is considering stronger regulations for institutional investigations of alleged research misconduct. Universities say it’s too prescriptive. Congress Sends $1.3 Billion to Colleges in Federal Earmarks The money will go to 707 wide-ranging projects, from equipment purchases to airport-runway extensions. Which states and institutions will benefit the most? Tax Errors Set Back FAFSA Processing—Again The U.S. Education Department released additional details Tuesday on the scope and impact of the tax issue flagged last week by financial aid officers, the latest calculation error to beset the beleaguered rollout of the new FAFSA. Digital Wallets Explored as Next Generation Transcripts Adoption has started as employers and students place more value on skills. Meanwhile, plans for free, open-source wallet technology are picking up steam. The (AI) Counselor Is in AI-powered college advising tools promise to free up time-strapped counselors and “democratize” admissions expertise for less-privileged high schoolers. Will they? Higher Education is Most Trusted Source to Handle AI While the public remains cautious of artificial intelligence (AI), most trust higher education institutions to use AI responsibly, according to a new report released Tuesday morning by the Stevens Institute of Technology and the business intelligence group Morning Consult. Advisory Committee for Science Quality and Integrity; Call for Nominations; Extension The Department of the Interior, U.S. Geological Survey (USGS), is seeking nominations for membership on the Advisory Committee for Science Quality and Integrity (Committee). The Committee will advise the Secretary of the Interior and the USGS Director on matters related to the responsibilities of the USGS Office of Science Quality and Integrity (OSQI) including monitoring and enhancing the integrity, quality, and health of all USGS science. This is a 30-day extension of the call for nominations published in the Federal Register on February 26, 2024. Nominations Due: 5/10/2024 Colleges, Education Department at Odds Over Inclusive Access Changes The department is sticking by its plan to prohibit colleges from automatically billing students for course materials despite strong opposition from publishers and university leaders. Are DEI Office Name Changes Enough? As DEI bans impact colleges nationwide, many institutions are renaming their offices to something more innocuous. The results have been varied. Virtual Coffee, Ice Cream Shops Help Students Learn Business Business schools are moving beyond case studies or site visits and utilizing virtual reality in classrooms to help students master supply chain management. Clery Act Compliance: Why Fines Are Getting So Big and How Colleges Can Avoid Them Liberty University was fined $14 million for Clery Act violations. Two experts share why fines have gotten so massive and how schools can improve compliance. ‘Game-Changing Crisis’: Lawmakers, Experts Vent FAFSA Frustrations While one House committee probed the FAFSA mess Wednesday, another grilled Education Secretary Miguel Cardona about the disastrous rollout of the student-aid form. US lawmakers unveil a plan to give all Americans a right to online privacy WashingtonCNN — Two leading US lawmakers have reached a bipartisan deal that could, for the first time, grant all Americans a basic right to digital privacy and create a national law regulating how companies can collect, share and use Americans’ online data. Traction for the Three-Year Bachelor’s Degree A group of college leaders strategize about how to design a new undergraduate experience—and get an unexpected boost from an accreditor. One Scientist Neglected His Grant Reports. Now U.S. Agencies Are Withholding Grants for an Entire University The National Institutes of Health, the Office of Naval Research, and the U.S. Army are withholding all of their grants from the University of California at San Diego because one scientist failed to turn in required final reports for two of his grants, according to a message sent to the campus community on Tuesday. Policies Posting Date Department Contact Name Effective Date Summary 3/21/2024 Human Resources Susan Norton FMCSA Clearinghouse Policy 3/21/2024 New Policy:  The purpose of this policy, in addition to meeting Federal regulations, is to establish a program designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles. 3/26/2024 Tax Office Brandee Tickle Independent Contractor Policy 2/1/2015 Revised Policy:  The IC policy has been updated to reflect the following changes:  1) A form must be submitted 10 business days before beginning date of service to allow for review and approval.  2) An additional paragraph has been added to address when a background check is required for independent contractors.

The University of Alabama is changing the contract review process for software purchases!

• April 1st, 2024
• in Compliance

Beginning 4/8/2024, all compliance-related reviews for software purchases will occur PRIOR to loading any contract documents into the UA Contract Portal. You will no longer complete and submit the Software IT form when you submit a contract for review and execution. This assessment replaces the previous form and will allow for a compliance review to be complete by personnel across campus who are responsible for privacy, compliance, security, risk management, cyber insurance, and other risks, as appropriate, in advance of submitting the contract for execution.

This assessment will have to be COMPLETED AND APPROVED before loading information or contract documents into the UA Contract Portal for Contract Management. A pdf of the approved review will be required.

For assistance with answering questions or navigating this assessment, go to the Compliance Contract Review Portal. Please see below for additional instructions and contact privacy@ua.edu for assistance.

Compliance Alert – February 2024

• February 19th, 2024
• in Compliance, Newsletter

Legislative Updates The legislature convened in Montgomery this month. Listed below are items we are tracking: HB147   Supplemental appropriations from the Education Trust Fund Advancement and Technology Fund to various school systems and colleges and universities, and other entities for fiscal year ending September 30, 2024. Pending: House Ways and Means Education Committee SB75      Appropriations from Education Trust Fund for the support, maintenance, and development of public education for fiscal year ending September 30, 2025. Pending: Senate Finance and Taxation Education Committee HB145   Appropriations from Education Trust Fund for the support, maintenance, and development of public education for fiscal year ending September 30, 2025. Pending: To House Ways and Means Education Committee SB85      State Holidays, move Robert E. Lee observance to October, non-substantive revisions. Pending: Senate County Government and Municipal Committee HB152   Alabama Gaming Commission, established, duties provided for; casino-style games, sports wagering, and lottery games, regulated; gambling offenses, further provided.  Status: Engrossed Final Rules DoD Freedom of Information Act (FOIA) Program; Amendment; Correction The DoD is correcting a final rule that published in the Federal Register on December 5, 2023. The rule finalized amendments to its Freedom of Information Act (FOIA) regulation to update organizational names, add additional FOIA Requester Service Centers, and adopt the standards in the Department of Justice’s Template for Agency FOIA Regulations noting the decision to participate in FOIA alternative dispute resolution services is voluntary on the part of the requester and DoD. Federal Agency: Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency (OATSD(PCLT)), Department of Defense (DoD) Affected Area: Privacy, Legal, HR Availability of Information to the Public; Correction On June 14, 2010, the Department of Education (Department) published in the Federal Register a final rule amending the Department’s Freedom of Information Act (FOIA) regulations. The 2010 final rule implemented amendments made to the FOIA statute and clarified how the Department processes FOIA requests for agency records. We are correcting the administrative exhaustion provisions related to the Appeals of Adverse Determinations section in the FOIA regulations. All other provisions in the FOIA regulations remain the same. Federal Agency: Office of the Secretary, Department of Education Affected Area: HR, Strategic Communications Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and the Federal Direct Loan Program) The Secretary is issuing updates of longstanding waivers and modifications of statutory and regulatory requirements governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). The HEROES Act requires the Secretary to publish a document in the Federal Register providing notice of the waivers or modifications of statutory or regulatory requirements applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965, as amended (HEA), to assist individuals who are performing qualifying military service, and individuals who are affected by a disaster, war or other military operation, or national emergency, as described in the SUPPLEMENTARY INFORMATION section of this document. Federal Agency: Office of Postsecondary Education, Department of Education Affected Area:  Student Financial Aid Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program Section 482(c)(1) of the Higher Education Act of 1965, as amended (HEA), requires that regulations affecting programs under title IV of the HEA be published in final form by November 1 prior to the start of the award year (July 1) to which they apply. Section 482(c)(2) of the HEA also permits the Secretary to designate any regulatory provision as one that an entity subject to the provision may choose to implement earlier and to outline the conditions for early implementation. On July 10, 2023, the Department published in the Federal Register a final rule amending regulations related to income-driven repayment (88 FR 43820). In that final rule we designated certain provisions for early implementation. In addition, on October 23, 2023, the Department published in the Federal Register a document announcing early implementation of provisions related to income-driven repayment (88 FR 72685). The Secretary is exercising his authority under section 482(c) of the HEA to designate an additional regulatory change made in that final rule for early implementation beginning on January 21, 2024. Federal Agency: Office of Postsecondary Education, Department of Education Affected Area: Student Financial Aid Energy Conservation Program: Energy Conservation Standards for Refrigerators, Refrigerator-Freezers, and Freezers The adopted standard levels in this direct final rule were proposed in a letter submitted to DOE jointly by groups representing manufacturers, energy and environmental advocates, consumer groups, and a utility. This letter, titled “Energy Efficiency Agreement of 2023” (hereafter, the “Joint Agreement”), recommends specific energy conservation standards for refrigerators, refrigerator-freezers, and freezers that, in the commenters’ view, would satisfy the EPCA requirements in 42 U.S.C. 6295(o). DOE subsequently received letters of support from states including California, Massachusetts, and New York  and utilities including San Diego Gas and Electric (“SDG&E”) and Southern California Edison (“SCE”) advocating for the adoption of the recommended standards and a follow-up letter from the parties to the Joint Agreement that more specifically described the recommended standards for refrigerators, refrigerator-freezers, and freezers, and their rationale for entering into a negotiation to develop them. Federal Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy Affected Area: Facilities and Grounds Comments Due: 5/6/2024 Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges; Correction This document corrects technical errors that appeared in the December 21, 2023 final rules entitled, “Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges.” Federal Agency: Internal Revenue Service (IRS), Department of the Treasury; Employee Benefits Security Administration, Department of Labor; Centers for Medicare & Medicaid Services, Department of Health and Human Services (HHS) Affected Area: Tax Office 85/15 Rule Calculations, Waiver Criteria, and Reports The Department of Veterans Affairs (VA) is amending its educational assistance regulations by eliminating the four 85/15 rule calculation exemptions for students in receipt of certain types of institutional aid. Currently, VA regulations provide exceptions that allow certain categories of students to be considered “non-supported” for purposes of the 85/15 rule notwithstanding their receipt of institutional aid. In this final rule, VA is eliminating these exceptions, thus clarifying the types of scholarships that educational institutions must include in their calculations of “supported” students. Also, VA is revising the criteria that shall be considered by the Director of Education Service when granting an 85/15 rule compliance waiver. Lastly, VA is amending the timeline for certain educational institutions’ submission of 85/15 compliance reports. Federal Agency: Department of Veteran Affairs Affected Area: Office of Veteran Affairs, Student Financial Aid Proposed Rules Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities The Executive order of January 19, 2021, “Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities,” directs the Secretary of Commerce (Secretary) to propose regulations requiring U.S. Infrastructure as a Service (IaaS) providers of IaaS products to verify the identity of their foreign customers, along with procedures for the Secretary to grant exemptions; and authorize special measures to deter foreign malicious cyber actors’ use of U.S. IaaS products. The Executive order of October 30, 2023, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” further directs the Secretary to propose regulations that require providers of certain IaaS products to submit a report to the Secretary when a foreign person transacts with that provider or reseller to train a large Artificial Intelligence (AI) model with potential capabilities that could be used in malicious cyber-enabled activity. The Department of Commerce (Department) issues this notice of proposed rulemaking (NPRM) to solicit comment on proposed regulations to implement those Executive orders. Federal Agency: Bureau of Industry and Security, Department of Commerce Affected Area: OIT Comments Due: 4/29/2024 Office of Federal Procurement Policy; Federal Acquisition Regulation: Pay Equity and Transparency in Federal Contracting DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a proposed Governmentwide policy developed by the Administrator for Federal Procurement Policy (OFPP Administrator), pursuant to the Administrator’s authority that would prohibit contractors and subcontractors from seeking and considering information about job applicants’ compensation history when making employment decisions for certain positions. Under the proposed policy and the proposed regulatory amendments, contractors and subcontractors would also be required to disclose the compensation to be offered to the hired applicant in job announcements for certain positions. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA), and Office of Federal Procurement Policy (OFPP) Affected Area: Procurement Comments Due: 4/1/2024 Federal Acquisition Regulation: Limitations on Subcontracting Revisions DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration to update and clarify requirements associated with the limitations on subcontracting and the nonmanufacturer rule. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), National Aeronautics and Space Administration (NASA) Affected Area: Procurement Comments Due: 3/18/2024 Energy Conservation Program: Energy Conservation Standards for Fans and Blowers The Energy Policy and Conservation Act, as amended (“EPCA”), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including fans and blowers. EPCA also requires the U.S. Department of Energy (“DOE”) to periodically determine whether more stringent standards would be technologically feasible and economically justified and would result in significant energy savings. In this notice of proposed rulemaking (“NOPR”), DOE proposes energy conservation standards for two categories of fans and blowers: air circulating fans (“ACFs”), and fans and blowers that are not ACFs, referred to as general fans and blowers (“GFBs”) throughout this document. DOE also announces a public meeting to receive comment on these proposed standards and associated analyses and results. Federal Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy Affected Area: Facilities and Grounds Comments Due: 3/19/2024 Request for Information-SECURE 2.0 Section 319-Effectiveness of Reporting and Disclosure Requirements The Department of the Treasury (Treasury Department), the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (Labor Department), and the Pension Benefit Guaranty Corporation (PBGC) are publishing this Request for Information to develop a public record for purposes of the directive in the SECURE 2.0 Act of 2022 (SECURE 2.0). Specifically, this Request for Information addresses section 319 of SECURE 2.0, requiring that these agencies review the existing reporting and disclosure requirements for certain retirement plans under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code (Code) that are applicable to each agency. Following this review, the agencies are to report to Congress, no later than December 29, 2025, concerning the effectiveness of the reporting and disclosure requirements. The report will include recommendations on consolidating, simplifying, standardizing, and improving such requirements with the dual goals of reducing compliance burdens and ensuring plan participants’ and beneficiaries’ timely receipt and better understanding of the information they need to monitor their plans, prepare for retirement, and get the benefits they have earned. The report will also consider how participants and beneficiaries are providing preferred contact information, the methods by which plan sponsors and plans are furnishing disclosures, and the rate at which participants and beneficiaries are receiving, accessing, understanding, and retaining disclosures. Consistent with the directive in section 319 of SECURE 2.0, this Request for Information focuses generally on the overall effectiveness of the reporting and disclosure frameworks in ERISA and the Code. Responses to this Request for Information will inform the agencies in preparation of the required report to Congress and in any future action taken by the agencies to enhance the effectiveness of existing requirements. Federal Agency: Internal Revenue Service, U.S. Department of the Treasury; Employee Benefits Security Administration, U.S. Department of Labor; Pension Benefit Guaranty Corporation Affected Area: HR, Tax Office Comments Due: 4/22/2024 Department of State Acquisition Regulation: Nondiscrimination in Foreign Assistance The Foreign Assistance Act of 1961 (FAA) and other related statutes, such as the FREEDOM Support Act, the Migration and Refugee Assistance Act of 1962, and the SEED Act of 1989, authorize the U.S. Department of State (Department of State, State, or Department) to provide foreign assistance that seeks to support efforts that would have the effect of protecting and promoting U.S. security, prosperity, and democratic values and shape an international environment to improve the lives of people around the world. To implement the Department’s expectation of nondiscrimination against beneficiaries of Department-funded foreign assistance activities, the Department is proposing to amend its Department of State Acquisition Regulation (DOSAR) to include a new contract clause entitled “Nondiscrimination in Foreign Assistance.” The proposed clause expressly states that contractors and subcontractors receiving Department-funded foreign assistance funds must not discriminate on specified bases against end-users of supplies or services (also referred to in this rule as beneficiaries and potential beneficiaries) or in certain employment decisions involving persons employed in the performance of this contract and funded in whole or in part with foreign assistance funds except where target populations are specified in the relevant statement of work (SOW) or as otherwise required by U.S. law. Federal Agency: Department of State Affected Area: Procurement Comments Due: 3/19/2024 Procurement, Management, and Administration of Engineering and Design Related Services This proposed rule would update the regulations governing the procurement, management, and administration of engineering and design related services directly related to a highway construction project that is funded through a discretionary grant administered by FHWA. The intent of the proposed rule is to clarify how the regulations apply to recipients other than State transportation agencies (STA). This proposed rulemaking would also make technical changes and corrections to improve the administration of these regulations. Federal Agency: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT) Affected Area: Procurement Comments Due: 4/1/2024 Negotiated Rulemaking Committee; Announcement of Fourth Session of Committee Meetings-Title IV Federal Student Aid Programs, Student Debt Relief On August 31, 2023, we announced our intention to establish the Student Debt Relief Negotiated Rulemaking Committee (Committee) to develop proposed regulations related to the modification, waiver, release, or compromise of Federal student loans under the Higher Education Act of 1965, as amended (HEA). We now announce a fourth session of Committee negotiations on February 22 and 23, 2024. Federal Agency: Office of Postsecondary Education, Department of Education Affected Area:  Student Financial Aid Emergency Response Standard OSHA is proposing through this notice of proposed rulemaking (NPRM) to issue a new safety and health standard, titled Emergency Response, to replace the existing Fire Brigades Standard. The new standard would address a broader scope of emergency responders and would include programmatic elements to protect emergency responders from a variety of occupational hazards. The agency requests comments on all aspects of the proposed rule. Federal Agency: Occupational Safety and Health Administration (OSHA), Labor Affected Area: EHS, Emergency Operations Comments Due:  5/6/2024 Notices Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces The United States Patent and Trademark Office (USPTO) published in the Federal Register on November 17, 2023, supplemental guidance to be used by USPTO personnel in determining whether a design claim including a computer-generated electronic image is directed to statutory subject matter. This notice provides the deadline for written comments. Additionally, the USPTO has corrected Examples 2, 4, and 5 in Section (V) of the supplemental guidance published in the Federal Register to reflect certain formatting ( i.e., underlining and strikethrough) necessary to understand the examples. The supplemental guidance, including the examples, will be incorporated into the Manual of Patent Examining Procedure in due course. Federal Agency: Patent and Trademark Office, Commerce Affected Area: Trademarks and Patent Office Comments Due: 11/18/2024 Information Collection; Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on an extension concerning Federal Acquisition Regulation (FAR) part 3, Improper Business Practices and Personal Conflicts of Interest. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through April 30, 2024. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date. Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: CERA Comments Due: 3/18/2024 Request for Information Regarding Mental Health and Substance Use Disorder Needs in Higher Education The U.S. Department of Education (Department) is requesting information in the form of written comments that may include information, research, and suggestions regarding supporting student mental health and/or substance use disorder (behavioral health) needs in higher education. The Office of Postsecondary Education solicits these comments: to identify examples of what has been effective in addressing college student mental health and substance use disorder needs; to learn how institutions of higher education (IHEs) have transformed their campus cultures and created campus-wide, inclusive strategies to provide support; to identify how State higher education agencies have supported college behavioral health; to better understand potential challenges institutions are facing in the design and implementation of solutions; and, ultimately, to inform future work from the Department. Federal Agency: Office of Postsecondary Education, U.S. Department of Education Affected Area: Student Affairs, Student Health Comments Due: 2/25/2024 Agency Information Collection Activities; Comment Request; U.S. Department of Education Build America, Buy America Act (BABAA) Data Collection In accordance with section 70914 of the Build America Buy America Act (Pub. L. 117–58, Sec. 70901–70953) (BABAA), grantees funded under Department of Education (the Department) programs that allow funds to be used for infrastructure projects (infrastructure programs), i.e., construction and broadband infrastructure, may not use their grant funds for these infrastructure projects or activities unless they comply with the following BABAA sourcing requirements: 1. All iron and steel used in the infrastructure project or activity are produced in the United States. 2. All manufactured products used in the infrastructure project or activity are produced in the United States. 3. All construction materials are manufactured in the United States. Federal Agency: Office of Finance and Operations (OFO), Department of Education (ED) Affected Area: Construction Administration Comments Due: 3/25/2024 Request for Information on Sexual Violence at Educational Institutions Section 1314 of the Violence Against Women Act (VAWA) Reauthorization Act of 2022, Public Law 117–103, div. W, 136 Stat. 840, 936–38 (2022), requires the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General to establish a joint interagency task force to be known as the “Task Force on Sexual Violence in Education” (hereinafter the Task Force) to provide information and recommendations, solicit information from relevant stakeholders, and create a plan to address sexual violence in education. The Biden-Harris Administration remains committed to preventing and responding to gender-based violence, including sexual violence in education, wherever it occurs and in all of its forms. Federal Agency: Office of Postsecondary Education and Office of Elementary and Secondary Education, U.S. Department of Education Affected Area: UAPD, Student Affairs, Student Health, WGRC Comments Due: 3/11/2024 Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2024-25 Award Year Deadline Dates The Secretary announces the 2024–25 award year deadline dates for the submission of requests and documents from postsecondary institutions for the Federal Perkins Loan (Perkins Loan) Program, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs (collectively, the “Campus-Based programs”), Assistance Listing Numbers 84.038, 84.033, and 84.007. Federal Agency: Federal Student Aid, Department of Education Affected Area: Student Financial Aid UL LLC: Grant of Expansion of Recognition and Modification to the NRTL Program’s List of Appropriate Test Standards In this notice, OSHA announces the final decision to expand the scope of recognition for UL LLC, as a Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the final decision to add thirteen test standards to the NRTL Program’s List of Appropriate Test Standards. Federal Agency: Occupational Safety and Health Administration (OSHA), Labor Affected Area: Privacy Act of 1974; System of Records In accordance with the Privacy Act of 1974, as amended (Privacy Act), the U.S. Department of Education (Department) publishes this notice of a modified system of records entitled “Aid Awareness and Application Processing” (18–11–21). This system maintains information necessary for the Department to process applications for Federal student financial program assistance under title IV of the Higher Education Act of 1965, as amended (HEA); to perform the responsibilities of the Federal Student Aid (FSA) Ombudsman; to provide Federal student loan repayment relief including under the borrower defense to repayment regulations; to notify aid applicants and aid recipients of aid program opportunities and updates under title IV of the HEA via digital communication channels; and to maintain the StudentAid.gov website as the front end for assisting customers with all of their Federal student financial aid needs throughout the student aid lifecycle. The Department’s Digital and Customer Care (DCC) Information Technology (IT) system collects the electronic records maintained in the Aid Awareness and Application Processing (AAAP) system. Federal Agency: Federal Student Aid, U.S. Department of Education Affected Area: Student Financial Aid Comments Due: 3/4/2024 Agency Information Collection Activities: Requests for Comments; Clearance of Continued Approval of Information Collection: Limited Recreational Unmanned Aircraft Operation Applications In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 7, 2023. The collection involves information related to recreational flying under the Exception for Limited Recreational Operations of Unmanned Aircraft. The information collected will be used to recognize Community Based Organizations (CBOs), administer an aeronautical knowledge and safety test, establish fixed flying sites, approve standards and limitations for Unmanned Aircraft Systems (UAS) weighing more than 55 pounds, and designate FAA Recognized Identification Areas (FRIAs). Federal Agency: Federal Aviation Administration (FAA), DOT Affected Area: EHS Comments Due: 3/13/2024 Award Management Requirements Circular (C 5010.1) Proposed Updates FTA proposes an update to its Award Management Requirements Circular (C 5010.1). The proposed circular updates summarize FTA and Federal-wide administrative requirements for financial assistance awards while consolidating pre-existing cross-cutting guidance from previous FTA program circulars and reducing duplicative information repeated in separate circulars. The proposed circular updates also incorporate provisions of the Fixing America’s Surface Transportation (FAST) Act, the Infrastructure Investment and Jobs Act (IIJA), and new or updated administrative requirements from 2 CFR parts 200 and 1201. Additionally, the updates clarify existing policy issues as interpreted and applied by FTA. Furthermore, the circular includes updated FTA policy regarding real property status reporting, the incidental use of FTA-funded project property, and transfer of real property to third party entities for affordable housing. The proposed circular updates also increase the use of graphics, tables, and weblinks to improve clarity. A copy of the proposed updated circular will be placed in the docket, and posted on FTA’s Proposed Circulars web page ( https://www.transit.dot.gov/​regulations-and-guidance/​fta-circulars/​proposed-circulars). Federal Agency: Federal Transit Administration (FTA), Department of Transportation (DOT) Affected Area: Contract Administration Comments Due: 4/15/2024 Items of Interest ChatGPT violated European privacy laws, Italy tells chatbot maker OpenAI Italian regulators said they told OpenAI that its ChatGPT artificial intelligence chatbot has violated European Union’s stringent data privacy rules. The country’s data protection authority, known as Garante, said Monday that it notified San Francisco-based OpenAI of breaches of the EU rules, known as General Data Protection Regulation. Aspiring Accreditor Focuses on Student Outcomes Accrediting agencies tasked with evaluating U.S. colleges and universities typically focus on metrics related to academics, operations and fiscal health. The nascent Postsecondary Commission aims to offer a different model for determining institutional quality: one centered largely on student outcomes, such as earnings and economic mobility. Democratizing the future of AI R&D: NSF to launch National AI Research Resource pilot (NSF News) Today, the U.S. National Science Foundation and collaborating agencies launched the National Artificial Intelligence Research Resource (NAIRR) pilot, a first step towards realizing the vision for a shared research infrastructure that will strengthen and democratize access to critical resources necessary to power responsible AI discovery and innovation.      Partnering with 10 other federal agencies as well as 25 private sector, nonprofit and philanthropic organizations, the NAIRR pilot will provide access to advanced computing, datasets, models, software, training and user support to U.S.-based researchers and educators. Another ‘Devastating’ FAFSA Delay Colleges will not receive applicants’ federal aid information until March. They may be forced to push back commitment deadlines, and the delay could discourage low-income students from enrolling. Survey: How AI Is Impacting Students’ Career Choices The rise of artificial intelligence is influencing what many students want to study and pursue as a career, according to a new flash survey from Student Voice. Students also say they want to be prepared for AI and the workplace. Guidance on Salary Limitation for Grants and Cooperative Agreements FY 2024 (NOT-OD-24-057) The Consolidated Appropriations Act, 2023 restricts the amount of direct salary to Executive Level II of the Federal Executive pay scale. The Office of Personnel Management recently released new salary levels for the Executive Pay Scale. Effective January 1, 2024, the salary limitation for Executive Level II is $221,900. Grants Management : Action Needed to Ensure Consistency and Usefulness of New Data Standards (GAO-24-106164) The federal government spent roughly $1.2 trillion on grants in 2022. But it’s hard to track and manage this spending because agencies collect data in different ways. The Grant Reporting Efficiency and Agreements Transparency (GREAT) Act may help—setting standards for agency data collection throughout the government. The Office of Management and Budget and the Department of Health and Human Services identified 540 data elements—such as funding amounts, project dates, and locations—to manage grants. However, more work remains to standardize them and ensure they are useful to stakeholders and Congress. How Many Casualties Would a Plagiarism War Produce? If conservatives and liberals start scouring their opponents’ academic publications for stolen ideas or phrases, nobody—even plagiarism experts—knows how much grist they will find. Draft NIL Legislation Aims to ‘Save College Sports as We Know It’ A House subcommittee is moving forward on a bill that would create national rules of the road to rein in the growing name, image and likeness “Wild West” in college sports. University Librarians See Urgent Need for AI Ethics (Inside Higher Ed) Nearly three-quarters of university librarians say there’s an urgent need to address artificial intelligence’s ethical and privacy concerns, a survey finds. Higher Education in Political Crosshairs as 2024 Election Heats Up The fight for control of the White House and Congress in 2024 has already seen calls from candidates to fire “radical left” accreditors, end the tax-exempt status of elite universities and defund some colleges. It’s one sign among many that higher education policy, typically a back-burner issue in federal campaigns, could play an unusual role in this year’s elections. Nomination of Individuals to the Federal Economic Statistics Advisory Committee The Under Secretary for Economic Affairs requests the nomination of individuals to the Federal Economic Statistics Advisory Committee (FESAC or the Committee). The Under Secretary for Economic Affairs, in coordination with the Directors of the Bureau of Economic Analysis (BEA) and the Census Bureau, as well as the Commissioner of the Department of Labor’s Bureau of Labor Statistics (BLS), will consider nominations received in response to this notice, as well as from other sources. Education Department Moves New Title IX Rule Forward The Biden administration has sent its draft regulations overhauling Title IX of the Education Amendments of 1972 to the Office of Management and Budget for review—a key step before the rule can take effect. The final regulations, which would overhaul how colleges and universities respond to reports of sexual harassment and assault, have been delayed twice and are now slated for release next month. The OMB review can take up to 90 days. Law Schools Required to Adopt Free Speech Policies Law schools must adopt free speech policies to maintain their accreditation under a requirement approved by the American Bar Association’s House of Delegates Monday. The new standard requires all law schools to approve written policies that protect the rights of faculty, students and staff to express controversial or unpopular ideas. It also forbids any conduct that limits free expression. Open science — embrace it before it’s too late (Nature, Editorial) The ‘open science’ concept is gaining more followers, not least through the efforts of the cultural organization UNESCO. Over the past several years, the organization has been consulting on how science can become more collaborative, transparent, accessible, equitable and inclusive, which are all attributes of open science. And in 2021, it published a  framework for what a genuinely open science could look like….The UNESCO report shines a much-needed light on some promising developments in open science. The challenge will be how to accumulate individual examples of good practice into something similar to a critical mass, so that, in cases such as monitoring the SDGs, they can be harnessed to get the world to where it needs to be. Professors Cautious of Tools to Detect AI-Generated Writing Mixed performance by AI-detector tools leaves academics with no clear answers. SIX DANGEROUS BILLS THAT WOULD CENSOR SPEECH ON CAMPUSES ACROSS THE COUNTRY It has been a tumultuous few months for higher ed. Responding to low public trust, raucous protest, and rising incidents of both antisemitism and Islamophobia on campus, legislators are doubling down on their yearslong campaign to destabilize academia, censor college classrooms, and wear down the safeguards that help protect academic freedom. Here are six terrible higher education bills we’re tracking right now, including one that has already become law: Guidance on Salary Limitation for Grants and Cooperative Agreements FY 2024  (NOT-HS-24-006) This Notice provides information regarding the salary limitation for AHRQ grant and cooperative agreement awards and extramural research and development contract awards… The Consolidated Appropriations Act, 2023 restricts the amount of direct salary to Executive Level II of the Federal Executive pay scale. The Office of Personnel Management recently released new salary levels for the Executive Pay Scale. Effective January 1, 2024, the salary limitation for Executive Level II is $221,900. Potential Breakthrough on Federal Student Data System As conversations swirl about how to improve higher education’s return on investment for students and taxpayers, those discussions often return to an issue that has vexed advocates and policymakers—data, or rather, the lack thereof. The federal government has been barred by law since 2008 from creating a new database of student-level information. But advocates for a new system, including both Republican and Democratic members of Congress, say there’s a need for comprehensive information on student outcomes in higher education, citing important gaps in the data that are currently available. A flurry of research misconduct cases has universities scrambling to protect themselves (STAT) Over the past decade, the number of research misconduct allegations reported to the National Institutes of Health has more than doubled, climbing from 74 in 2013 to 169 in 2022. And scientific sleuths are finding plenty of other problems that don’t always qualify as outright misconduct. Policies Posting Date Department Contact Name Effective Date Summary 2/9/2024 Office of Institutional Effectiveness Ginger Bishop Continuous Improvement Policy 1/4/2022 Revised Policy:  The Continuous Improvement Policy was edited for clarity and to align it more appropriately with assessment practices and SACSCOC standards. 2/12/2024 Risk Management Wade Bond Utility Cart Policy 8/1/2013 Revised Policy:  Process Improvement: The new process includes controls that will ensure that utility carts on campus are safe and legal for their intended purpose. Please contact Compliance, Ethics, and Regulatory Affairs with any questions or concerns about compliance with a particular regulation and/or for suggestions to improve the newsletter.

Compliance Alert – January 2024

• January 30th, 2024
• in Compliance, Newsletter

Legislative Updates

The 2024 Legislative will begin in February 2024. Staff is monitoring Legi Scan for items related to Higher Education.

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Final Rules

Revisions to Civil Penalty Amounts, 2024

This final rule provides the statutorily prescribed 2024 adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.

Federal Agency: Department of Transportation

Affected Area: UMC, UAPD

Privacy Act Regulations

This rule amends the United States Department of Justice (“DOJ” or “Department”) Privacy Act implementation regulations, including its Privacy Act record access and amendment procedures. Additionally, this rule includes procedures regarding processing Privacy Act requests to access or amend covered records, as designated under the Judicial Redress Act of 2015, and expands protections on the Department’s maintenance of Social Security account numbers, in accordance with the Social Security Number Fraud Prevention Act of 2017.

Federal Agency: Department of Justice

Affected Area: HR

Employee or Independent Contractor Classification Under the Fair Labor Standards Act

The U.S. Department of Labor (the Department) is modifying Wage and Hour Division regulations to replace its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA or Act) with an analysis that is more consistent with judicial precedent and the Act’s text and purpose.

Federal Agency: Department of Labor

Affected Area: HR

Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024

The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department’s 2024 annual adjustments for inflation to its civil monetary penalties.

Federal Agency: Employment and Training Administration, Office of Workers’ Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor

Affected Area: Legal

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Proposed Rules

Controlled Substance Destruction Alternatives to Incineration; Extension of Comment Period

The Drug Enforcement Administration (DEA) published an advance notice of proposed rulemaking entitled “Controlled Substance Destruction Alternatives to Incineration” in the Federal Register on October 31, 2023. DEA is extending the comment period on that advance notice until April 1, 2024.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: UMC, UAPD

Comments Due: 4/1/2024

Definition of “Employer”-Association Health Plans

This document proposes to rescind the Department of Labor’s (Department or DOL) 2018 rule entitled “Definition of Employer—Association Health Plans” (2018 AHP Rule). The 2018 AHP Rule establishes an alternative set of criteria from those set forth in the Department’s pre-rule guidance for determining when a group or association of employers is acting “indirectly in the interest of an employer” under section 3(5) of the Employee Retirement Income Security Act of 1974 (ERISA) for purposes of establishing an association health plan (AHP) as a multiple employer group health plan. The 2018 AHP Rule’s alternative criteria were set aside in large part by the U.S. District Court for the District of Columbia in New York v. United States Department of Labor. The district court found the bona fide association and working owner provisions in the rule to be an unreasonable interpretation of ERISA, inconsistent with congressional intent that ERISA applies to employee benefits arising out of employment relationships. The Department, after further review of the relevant statutory language, judicial decisions, and pre-rule guidance, and further consideration of ERISA’s statutory purposes and related policy goals, now proposes to rescind in full the 2018 AHP Rule in order to resolve and mitigate any uncertainty regarding the status of the standards that were set under the 2018 AHP Rule, allow for a reexamination of the criteria for a group or association of employers to be able to sponsor an AHP, and ensure that guidance being provided to the regulated community is in alignment with ERISA’s text, purposes, and policies.

Federal Agency: Employee Benefits Security Administration, Department of Labor

Affected Area: HR

Comments Due: 2/20/2024

Advanced Impaired Driving Prevention Technology

This document initiates rulemaking that would gather the information necessary to develop performance requirements and require that new passenger motor vehicles be equipped with advanced drunk and impaired driving prevention technology through a new Federal Motor Vehicle Safety Standard (FMVSS). In this document, NHTSA presents its various activities related to preventing drunk and impaired driving and discusses the current state of advanced impaired driving technology. NHTSA also asks many questions to gather the information necessary to develop a notice of proposed rulemaking on advanced drunk and impaired driving technology.

Federal Agency: National Highway Traffic Safety Administration (NHTSA), Department of Transportation

Affected Area: Transportation

Comments Due: 3/5/2024

Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment

This proposed rule seeks to change the FAR so that the two systems will be in closer alignment where appropriate, and incorporates existing practices within the suspension and debarment systems that are not currently in the FAR. The intent behind this alignment is to enhance transparency and consistency within the Government’s suspension and debarment procedures.

Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Procurement

Comments Due: 3/11/2024

Education Department General Administrative Regulations and Related Regulatory Provisions

The last major update to EDGAR was in 2013. Given that EDGAR serves as the foundational set of regulations for the Department, we have reviewed EDGAR, evaluated it for provisions that, over time, have become outdated, unnecessary, or inconsistent with other Department regulations, and identified ways in which EDGAR could be updated, streamlined, and otherwise improved. Specifically, we propose to amend parts 75, 76, 77, 79, and 299 of title 34 of the Code of Federal Regulations. These changes are detailed in the Summary of Major Provisions of this Regulatory Action and the Significant Proposed Regulations section of this document.

Federal Agency: Department of Education

Affected Area: Academic Affairs, College of Education

Comments Due: 2/26/2024

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Notices

Agency Information Collection Activities; Comment Request; Process for FSA ID Account Creation for Individuals Without a Social Security Number in Connection With Person Authentication Service (PAS)

The Department of Education (Department) requested emergency processing for this information collection, 1845–0179, Process for FSA ID Account Creation for Individuals without a Social Security Number in Connection with Person Authentication Service (PAS); and therefore, is requesting the 60-day public comment period for the full ICR. Applicants, parents, and borrowers establish an FSA ID, which includes a username and password. The FSA ID is used for the purposes of verifying the identity of the user; allowing users to establish an account with FSA; safeguarding their personally identifiable and financial information; signing applications and loan related documents; providing users access to their information and applications; allowing users to customize or update their accounts with FSA; renewing or revoking a user’s account with FSA; and supporting the Federal Student Aid Information Center (FSAIC) help desk functions.

Comments Due: 2/26/2024

60-Day Notice of Proposed Information Collection: Two (2) Passport Services Information Collections: Supplemental Questionnaire To Determine Entitlement for a U.S. Passport and Supplemental Questionnaire To Determine Identity for a U.S. Passport

• 1405–0214, DS–5513, Supplemental Questionnaire to Determine Entitlement for a U.S. Passport: The primary purpose for soliciting this information is to establish entitlement for a U.S. Passport Book or Passport Card. The information may also be used in connection with issuing other travel documents or evidence of citizenship, and in furtherance of the Secretary’s responsibility for the protection of U.S. nationals abroad and to administer the passport program.
• 1405–0215, DS–5520, Supplemental Questionnaire to Determine Identity for a U.S. Passport: The primary purpose for soliciting this information is to establish identity for a U.S. Passport Book or Passport Card. The information may also be used in connection with issuing other travel documents or evidence of citizenship, and in furtherance of the Secretary’s responsibility for the protection of U.S. nationals abroad and to administer the passport program.

Federal Agency: State Department

Affected Area: Campus

Comments Due: 2/26/2024

Agency Information Collection Activities: Requests for Comments; Clearance of a Renewal of an Information Collection: Operational Waivers for Small Unmanned Aircraft Systems

The FAA is seeing increased complexity of small unmanned aircraft systems (sUAS) operation flying under 14 CFR part 107. Under 14 CFR 107.205, operators of small UAS continue to request waivers from certain operational rules. In 2018, the FAA updated and modernized the process for applying for such waivers by introducing the FAA Drone Zone website. These improvements have facilitated the process of collecting and submitting the information required as part of a waiver application. In 2021, recognizing the demand to expedite the integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS), the FAA revised the regulatory framework for safely integrating UAS into routine NAS operations. The was accomplished by publishing the “Operation of Small Unmanned Aircraft Systems Over People” rule in January 2021, which permitted routine operations of small unmanned aircraft over people and at night under certain conditions. This change significantly decreased the waiver requests for such operations by over 55%. The reporting burdens for operational waiver applications are currently covered by Information Collection Request (ICR) 2120–0768. As part of this effort, the FAA is renewing this ICR, for operational waiver applications only. In order to process operational waiver requests, the FAA requires the operator’s name, the operator’s contact information, and information related to the date, place, and time of the requested small UAS operation. Additional information is required related to the proposed waiver and any necessary mitigations. The FAA will use the requested information to determine if the proposed UAS operation can be conducted safely. This information is necessary for the FAA to meet its statutory mandate of maintaining a safe and efficient national airspace. See 49 U.S.C. 40103, 44701 and 44807.

Federal Agency: Federal Aviation Administration (FAA), DOT

Affected Area: EHS

Comments Due: 3/4/2024

Information Collection; Certain Federal Acquisition Regulation Part 36 Construction Contract Requirements

In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on a revision concerning certain Federal Acquisition Regulation part 36 construction contract requirements. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through April 30, 2024. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Procurement

Comments Due: 3/5/2024

Draft Plan for Providing Public Access to the Results of Federally Funded Research

The United States Census Bureau seeks comments on the Draft U.S. Census Bureau Plan for Providing Public Access to Results of Federally Funded Research. The Census Bureau is taking steps to make its scientific data and publications more readily available and accessible by the public, as directed in an August 2022 Memorandum from the Office of Science and Technology Policy (OSTP). The Census Bureau’s Public Access Plan applies to the results of research funded wholly or in part by the Census Bureau, presented in peer-reviewed scholarly publications including book chapters and peer-reviewed conference proceedings as appropriate, and scientific data as defined in the OSTP Memo. The document outlines the Census Bureau’s plan for implementing new requirements to manage the public access of scientific data and publications. Public comments received on the Public Access Plan will inform Census Bureau as it develops policies and procedures to implement the Plan.

Federal Agency: Census Bureau, Department of Commerce

Affected Area: ORED

Comments Due: 3/12/2024

Agency Information Collection Activities; Comment Request; Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements

The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions.

Federal Agency: Office of Finance and Operations (OFO), Department of Education (ED)

Affected Area: Office of the Registrar

Comments Due: 3/12/2024

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Items of Interest

Recruitment of First Responder Network Authority Board Members

The National Telecommunications and Information Administration (NTIA) issues this Notice to initiate the annual process to seek expressions of interest from individuals who would like to serve on the Board of the First Responder Network Authority (FirstNet Authority Board or Board). The term of 11 of the 12 non-permanent members to the FirstNet Authority Board will be available for appointment or reappointment in 2024.

Comments Due: 2/2/2024

Census Scientific Advisory Committee; Request for Nominations

The Bureau of the Census (Census Bureau) requests nominations of individuals to the Census Scientific Advisory Committee (CSAC or Committee). The Census Bureau will consider nominations received in response to this notice, as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides Committee and membership criteria.

Comments Due: 2/2/2024

American Schools and Foreign Money

Congress is debating how to address the intellectual corruption of America’s elite universities, and one idea is to require that academic institutions disclose funding from U.S. adversaries.

Education Dept. Outlines Possible Changes in Accreditation, Distance Education, Other Rules

Tuesday’s announcement of the issue papers and list of negotiators who will review the department’s proposals is the latest step in a lengthy process known as negotiated rule making. This round of rule making kicked off in April 2023. A committee representing 15 constituent groups will meet next week, from Jan. 8 to 11, to review the department’s proposals on accreditation, state authorization, distance education, return of Title IV funds and cash management.

Cybersecurity: OMB Should Improve Information Security Performance Metrics

We reviewed how 23 civilian federal agencies implemented the Federal Information Security Modernization Act of 2014. Their implementation continued to be mostly ineffective. For example, inspectors general found that only 8 of 23 agencies had effective security programs in FY 2022.

Agency officials identified practices—such as commitment from leadership—that could make the security programs more effective. Agencies and IGs also suggested FISMA metrics need to be tied to performance goals, account for workforce issues, and include risk. Our 2 recommendations address this issue. Ensuring the cybersecurity of the nation is on our High Risk List.

House Investigations of Harvard, Others Mark a ‘Watershed Moment’

Deep-diving probes into antisemitism, plagiarism and university leaders signal a dangerous new era in congressional oversight, experts and scholars say. Some see echoes of McCarthyism.

Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
1/3/2024	Office of Information Technology	Taylor Anderson	Terms of Use of University Technology Resources	1/3/2024	Revised Policy:  The policy is now shorter and easier to read. Since so many services go beyond the limits of accounts, this policy also changes to a concept of “University Technology Resources” which includes electronic accounts, devices, networks, applications, cloud services, data, information systems, and all information composed, transmitted, accessed, received, or stored by these resources. The policy also more clearly spells out more clearly that activity on our resources is monitored and logged. Consistent with UAB and UAH, the rewrite also includes a transition to minimum security standards and best practices for users traveling with equipment.
1/5/2024	Financial Accounting and Reporting	Charles Poole	Capitalization Policy	1/5/2024	Revised Policy:  This policy was updated to address GASB 87 Leases and GASB 96 Subscription Based IT Agreements.

Compliance Alert – November 2023

• November 29th, 2023
• in Compliance, Newsletter

Legislative Updates

The 2023 Legislative Session is now complete, and the 2024 Legislative session will begin in February 2024.

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Final Rules

Public Access to Information

The Department of State (the Department) finalizes the proposed rule it published on March 3, 2020, relating to the availability to the public of information that is under the control of the Department. These changes were prompted by changes in the law governing disclosure of such information, including the Freedom of Information Act Improvement Act of 2016. This final rule reflects changes in the FOIA and consequent changes in the Department’s procedures since the last major revision of the Department’s regulations on public access to information, which occurred in 2016.

Federal Agency: Department of State

Affected Area: Campus

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Improving Income Driven Repayment for the William D. Ford Federal Direct Loan Program and the Federal Family Education Loan (FFEL) Program

The Secretary is designating for early implementation the change to the process for a borrower re-enrolling in the Revised Pay As You Earn (REPAYE) repayment plan, which is now also known as the Saving on a Valuable Education (SAVE) repayment plan, after previously being enrolled in a different plan. Under current 34 CFR 685.209(c)(4)(vi)(D) and (E), a borrower returning to REPAYE must provide documentation of income for the years in which the borrower was not on REPAYE. Section 685.209(e) of the final rule, which will become effective on July 1, 2024, employs a simpler process that does not require documentation of prior years’ income information. See88 FR 43820, 43901. On October 23, 2023, the Department will implement § 685.209(e), to the extent it eliminates the requirement for borrowers returning to SAVE after having previously been on REPAYE to provide prior years’ income. The Secretary is designating only the removal of this requirement for early implementation, rather than all of § 685.209(e).

Federal Agency: Department of Education

Affected Area: Student Financial Aid

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Proposed Rules

Medicare Program; Contract Year 2025 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly; Health Information Technology Standards and Implementation Specifications

This proposed rule would revise the Medicare Advantage (Part C), Medicare Prescription Drug Benefit (Part D), Medicare cost plan, and Programs of All-Inclusive Care for the Elderly (PACE) regulations to implement changes related to Star Ratings, marketing and communications, agent/broker compensation, health equity, dual eligible special needs plans (D–SNPs), utilization management, network adequacy, and other programmatic areas. This proposed rule also includes proposals to codify existing sub-regulatory guidance in the Part C and Part D programs.

Federal Agency: Department of Health and Human Services

Affected Area: UMC, Capstone Village

Comments Due: 1/5/2024

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Notices

Gear Certification Standard (29 CFR Part 1919); Extension of the Office of Management and Budget (OMB) Approval of Information Collection (Paperwork) Requirements

OSHA solicits public comments concerning its proposal to extend the Office of Management and Budget’s (OMB) approval for the information collection requirements specified in its Gear Certification Standard

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: EHS, HR

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; William D. Ford Federal Direct Loan Program, Federal Direct PLUS Loan Request for Supplemental Information

The Federal Direct PLUS Loan Request for Supplemental Information serves as the means by which a parent or graduate/professional student Direct PLUS Loan applicant may provide certain information to a school that will assist the school in originating the borrower’s Direct PLUS Loan award, as an alternative to providing this information to the school by other means established by the school. This is a request for a revision of the currently approved form. The form was reorganized for improved usability and flow. There has been no change to the underlying regulations.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 11/29/2023

Accrediting Agencies Currently Undergoing Review for the Purpose of Recognition by the U.S. Secretary of Education

This request for written third-party comments concerning the performance of accrediting agencies under review by the Secretary of Education is required by 496(n)(1)(A) of the Higher Education Act (HEA) of 1965, as amended, and pertains to the winter 2025 meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI). The meeting date and location have not been determined but will be announced in a later Federal Register notice. In addition, a later Federal Register notice will describe how to register to provide oral comments at the meeting. Note: Written comments about the specific agencies identified below will not be accepted or provided to NACIQI members if those comments are submitted after the deadline provided in this Federal Register notice, which is December 8, 2023. Written comments must be submitted to the mailbox identified below. Do not submit written comments directly to Department officials or to NACIQI members.

Federal Agency: Accreditation Group, Office of Postsecondary Education, U.S. Department of Education

Affected Area: Office of Institutional Research and Assessment, Office of Institutional Effectiveness

Comments Due: 12/8/2023

Notice of Rights and Protections Available Under the Federal Antidiscrimination and Whistleblower Protection Laws

This Notice implements Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (No FEAR Act of 2002). In doing so, the Department of Transportation notifies all employees, former employees, and applicants for Federal employment of the rights and protections available to them under the Federal Anti-discrimination and Whistleblower Protection Laws.

Federal Agency: Department of Transportation

Affected Area: Campus

Transportation Services for Individuals With Disabilities: ADA Standards for Transportation Facilities

The U.S. Department of Transportation (DOT, or Department) is considering whether to amend the accessibility requirements for transportation facilities under the Americans with Disabilities Act of 1990 (ADA) currently contained in Appendix A to DOT’s regulations governing transportation services for individuals with disabilities. The Department may consider whether to improve access beyond the minimum standards established by the U.S. Access Board and Appendix A. The Department seeks suggestions from all transportation stakeholders—including transportation agencies, transportation riders (particularly those with disabilities), community members, advocacy groups, planning officials, States, cities, researchers and technology companies, and the private sector—on enhancements that the Department could consider with regard to the ADA standards for transportation buildings and facilities. The Department specifically seeks feedback on areas including, but not limited to vertical access, communications, and wayfinding. The Department also invites comment on any other aspects of the current accessibility requirements for transportation facilities under the ADA contained in DOT’s regulations governing transportation services for individuals with disabilities.

Federal Agency: Department of Transportation

Affected Area: Campus Development, Transportation

Comments Due: 1/5/2024

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; eZ-Audit: Electronic Submission of 90/10 Revenue Attestations for Proprietary Institutions

This is a new information collection request for the eZ-Audit—Electronic Submission of 90/10 Revenue Attestation for Proprietary Institutions. The request includes updates to the collection for domestic and foreign proprietary/for-profit schools’ 90/10 Revenue Attestation, and updates to the 90/10 Revenue Attestation calculation and reporting requirements per The American Rescue Plan of 2021 (ARP) which amended the Higher Education Act (HEA) of 1965 and the update in regulatory requirements made to 34 CFR 668.28.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 12/7/2023

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Items of Interest

Presidents Break With Supreme Court on Affirmative Action

Most college and university presidents disagree with the decision on race-conscious admissions and think it will reduce diversity in higher education—just not at their institutions, a new survey finds.

Celebrating Brilliant Minds: Nominations Are Open for the $300,000+ Nemmers Prizes

Northwestern University will award prizes starting at $300,000 to a transformative scholar in four different fields: economics, earth sciences, medical science, and mathematics. Deadlines approaching. Make your nomination now.

Department of Defense Seeks to Combat Undue Foreign Influence in Higher Education Institutions with Funding Restrictions (JD Supra)

DoD recently released a policy addressing unwanted foreign influence on DoD-funded research. According to the policy, DoD will conduct risk-based security reviews and assess potential conflicts of interest and conflicts of commitment for fundamental research proposals.[1] If a security review exposes risks that cannot be mitigated, DoD will not fund the research. Alongside the policy, DoD also released a list of foreign entities that have been confirmed to engage in malign activities. According to DoD, collaboration with a foreign entity on the list increases the risk of research results being misappropriated to the detriment of U.S. national security.

Q&A: Being a University’s First Chief AI Officer

Artificial intelligence is moving from the classroom into the C-suite, as higher ed institutions seek to bring AI knowledge and skills into leadership positions. Western University, based in Ontario, Canada, is one of the first academic institutions in the world to create a top-level AI role, with Mark Daley starting as chief artificial intelligence officer earlier this week.

U.S. Universities Behind on Interdisciplinary Science

The report highlights a gap between the interdisciplinary goals of many major scientific research institutions in the West and the actualization of those goals, which results in the continued siloing of major fields of scientific research.

Living guidelines for generative AI — why scientists must oversee its use

The integrity of science itself is also threatened by generative AI, which is already changing how scientists look for information, conduct their research and write and evaluate publications. The widespread use of commercial ‘black box’ AI tools in research might introduce biases and inaccuracies that diminish the validity of scientific knowledge. Generated outputs could distort scientific facts, while still sounding authoritative. The risks are real, but banning the technology seems unrealistic. How can we benefit from generative AI while avoiding the harms?

AI and Peer Review: Enemies or Allies?

Amid bans and restrictions on their use, artificial intelligence tools are creating interest among those who see a solution to systemic peer-review woes.

U.S. Bans Most Withholding of Transcripts

A federal policy change could give thousands of students access to transcripts and academic credits their colleges have withheld because they owed the institutions money. The new rule, part of a broad package of regulations the U.S. Education Department unveiled Tuesday, could amount to a national ban on the practice of transcript withholding, experts say.

Campus Vending Machines Now Stocked With Life-Saving Products

The machines are the latest harm-reduction strategy on college campuses and give students easy access to Narcan, the overdose-reversing drug, and other related items that can save lives.

Overhaul of Financial Aid Formula Will Boost Pell Grant Eligibility

A new report by the State Higher Education Executive Officers Association estimates nearly 220,000 more students will qualify under the pending new federal aid formula.

Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

Artificial intelligence (AI) holds extraordinary potential for both promise and peril. Responsible AI use has the potential to help solve urgent challenges while making our world more prosperous, productive, innovative, and secure. At the same time, irresponsible use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation; displace and disempower workers; stifle competition; and pose risks to national security. Harnessing AI for good and realizing its myriad benefits requires mitigating its substantial risks. This endeavor demands a society-wide effort that includes government, the private sector, academia, and civil society.

House Education Budget Cuts Federal Work-Study, Other Programs

As the House gears up to consider the Labor–Health and Human Services spending bill, which also includes the Education Department’s budget, lawmakers released more information about what exactly is in the legislation that controls nearly $200 billion in discretionary funding for all agencies—including $67.5 billion for the Education Department.

When AI in Higher Education Means More

The SEC and its member universities are leaders in transforming higher education. As collective leaders in post-secondary education and research, the Conference’s provosts created the SEC Artificial Intelligence Consortium, a collaboration to focus on AI for workforce development.

Can Microcredentials Bring Stop-Outs Back to College?

A swath of learners who left college before earning a degree say microcredentials and credit for prior learning could entice them back to college, according to a new survey.

A New Approach to Categorizing Colleges

Changes in Carnegie Classifications will simplify requirements for top research category and give colleges multiple labels instead of one, to make it easier to compare peers.

Affordable Housing Is a Higher Ed Issue

It’s not enough for colleges to support students experiencing homelessness—they need to lobby to improve access to affordable housing, Paul Schofield writes.

What Can Higher Ed Institutions Do Today to Prepare for CMMC 2.0?

The rulemaking process runs until October 2025, but there are things colleges and universities should be considering now if they plan to bid on Department of Defense contracts.

Science Advisory Committee on Chemicals; Request for Nominations

The Environmental Protection Agency (EPA) invites the public to nominate scientific experts from a diverse range of disciplines to be considered for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to the Toxic Substances Control Act (TSCA). EPA anticipates appointing new SACC members by mid-2024 due to expiring membership terms. Sources in addition to this Federal Register Notice will be utilized to solicit nominations and identify candidates. Any interested person or organization may nominate qualified individuals to be considered prospective candidates for the committee by following the instructions provided in this document. Individuals may also self-nominate.

Comments Due: 12/11/2023

Reforming Higher Education, One Bill at a Time

The U.S. House’s education committee is moving forward with a piecemeal approach to updating the Higher Education Act of 1965—a massive piece of legislation that governs federal financial aid programs and a range of other policies but hasn’t been reauthorized since 2008.

Oregon Approves Alternative to Bar Exam

Law school graduates will be able to practice after 675 hours working with a licensed attorney in the state and an examination of their work by the State Board of Bar Examiners.

Measuring Higher Ed’s Benefits Beyond Earnings

A new report from Lumina Foundation and Gallup reveals a host of positive outcomes associated with going to college. Researchers hope they will lead to a new perception of higher ed’s “worth.

New Regulations Will Impact Graduate Enrollment

1. Maren Wood predicts four consequences of the U.S. Department of Education’s efforts to hold institutions accountable for their programs’ costs and alumni career outcomes.

Researchers Lack Support Needed to Share Data

Almost three-quarters of the researchers say they’ve never received support with planning, managing or sharing their research data, according to the State of Open Data Report 2023 released Tuesday by Digital Science, a technology company; Figshare, an online open-access research repository; and publisher Springer Nature.

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Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
10/30/2023	Equal Opportunity Programs and Title IX	Beth Howard	Equal Opportunity and Non-Discrimination Policy	9/21/2023	Revised Policy:  Updated the policy’s name and added clarifying information in the Affirmative Action section.
10/30/2023	Equal Opportunity Programs and Title IX	Beth Howard	Harassment Policy	7/31/2013	Revised Policy:  Updated to reflect changes in processes and to be consistent with similar language in other UA policies.
11/3/2023	Compliance, Ethics, and Regulatory Affairs	Cheryl Mowdy	Anti-Retaliation Policy	10/13/2023	New Policy: Retaliation against members of the University community who make good faith reports regarding potential University-related violations of laws, regulations or University policies is prohibited.
11/3/2023	Environmental Health and Safety	Gene Holcomb	Fire Drill & Evacuation Policy	11/3/2023	New Policy: The purpose of this policy is to ensure that the University of Alabama (UA) is in compliance with the International Fire Code (IFC), state ordinances, and local ordinances. Environmental Health & Safety (EHS) is responsible for conducting all code required fire drills.
11/3/2023	Public Safety	Ralph Clayton	Multipurpose Storm Shelter Policy	11/3/2023	New Policy: This policy defines the terms for use of multipurpose storm shelter facilities on the UA campus based on the requirements of the State of Alabama Act 2012-554 and the ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC 500-2008) adopted by the State of Alabama Building Commission.
11/3/2023	Environmental Health and Safety	Juliette Botoklo	Safety Training Policy	11/3/2023	New Policy: The purpose of The University of Alabama (University) Safety Training Program and Policy is to provide employees and students with general knowledge and information necessary to recognize risks associated with their work or course and take necessary steps to reduce the risk to the lowest possible level while performing the job or action safely. Most often, safety training courses are developed in response to federal, state, and local regulations. Additionally, safety training is often required by accreditation agencies to meet institutional needs. Failure to successfully complete or participate in training exposes the individual to risk of injury and could place the University in a state of non-compliance with various safety regulations.