Compliance Alert – June 2022
- June 27th, 2022
- in Compliance, Newsletter, Regulations
Legislative Updates
HB46: This bill establishes the State Seal of Biliteracy program to recognize graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English, and would provide for the seal to be awarded to the graduate by the State Department of Education, Including American sign language. Passed on 2022-29-03.
HB138: This bill makes supplemental appropriations from the Education Trust Fund totaling $1,283,283,616 to various agencies and entities for the fiscal year ending September 30, 2022; and to amend Section 3B of Act 2021-342 of the 2021 Regular Session, the Education Trust Fund Appropriations Act for the fiscal year ending September 30, 2022, to clarify the 9 intent regarding an appropriation to the Department of Education. Passed on: 2022-04-07. Conference Committee on HB138 2022RS first Substitute Offered.
HB267: Appropriations, supplemental appropriations for fiscal year ending September 30, 2022, from the Education Trust Fund Advancement and Technology Fund to various school systems and colleges and universities, and other entities. Passed on: 2022–04-06 – Delivered to Governor at 1:53 p.m.
HB312: Education and training, divisive concepts, prohibits teaching of the concepts under certain circumstances, allows teaching of the concepts in public institutions of higher education as long as assent to the concept is not compelled. Status: Engrossed on 2022-03-17 – 50% progression. Action: Pending third on day 28 Favorable from Governmental Affairs.
HB307: Education, issuance of professional educator certificate to individuals completing approved alternative teacher preparation programs, Sec. 16-23-3.01 added; Sec. 16-23-3 am’d. Passed on: 2022-03-29 – Delivered to Governor at 3:34 p.m.
HB395: Alcoholic beverage licenses, Hospitality Management Program license created at certain state universities, activities under license authorized. Passed on 2022-04-05 – Forwarded to Governor.
SB313: Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures. Passed on 2022-04-07 – 100% progression.
HB135: Education budget, appropriations for the support, maintenance, and development of public education. This bill makes appropriations for the support, maintenance and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2023. Passed on: 2022-04-06. Forwarded to the Executive Department.
SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-13B-2, 16-36-60, 16-36-60.1, 16-36-65 am’d. Passed on: 2022-03-03. Assigned Act No. 2022-80.
SB119: Colleges and Universities, Alabama G.I. and Dependents’ Educational Benefit Act, use of scholarship benefits at 2 year or 4 year public or private institutions of higher education physically located in state provided, Sec. 31-6-8 repealed; Secs. 31-6-2, 31-6-2.1, 31-6-3, 31-6-4, 31-6-5, 31-6-6, 31-6-9, 31-6-11, 31-6-12, 31-6-13, 31-6-14, 31-6-15, 31-6-15.1, 31-6-16 am’d. Passed on 2022-03-01 – Assigned Act No. 2022-91.
Final Rules
Pyridate; Pesticide Tolerances
This regulation establishes tolerances for residues of pyridate in or on lentil, dry, seed and rapeseed subgroup 20A. Belchim Crop Production US Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Federal Agency: Environmental Protection Agency
Affected Area: EHS, Facilities and Grounds
Health and Human Services Grants Regulation
The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21-cv-00308 (DDC Feb. 2, 2021), has postponed the effective date of portions of the final rule making amendments to the Uniform Administrative Requirements promulgated on January 12, 2021. Specifically, the rule amended paragraph (c), which had stated, “It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation. Recipients must comply with this public policy requirement in the administration of programs supported by HHS awards. The rule amended paragraph (c) to state, “It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services, to the extent doing so is prohibited by Federal statute.” Additionally, the rule amended paragraph (d), which had stated, “In accordance with the Supreme Court decisions in United States v. Windsor and in Obergefell v. Hodges, all recipients must treat as valid the marriages of same-sex couples. This does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law as something other than a marriage.” The rule amended paragraph (d) to state, “HHS will follow all applicable Supreme Court decisions in administering its award programs.”
Federal Agency: Department of Health and Human Services
Affected Area: ORED, OSP
The Food and Drug Administration (FDA, Agency, or we) is announcing the availability of a final guidance for industry entitled “Importation of Prescription Drugs Final Rule Questions and Answers.” The guidance is intended to help small entities comply with the final rule entitled “Importation of Prescription Drugs.” The final rule was issued to implement a provision of the Federal Food, Drug, and Cosmetic Act (FD&C Act) to allow importation of certain prescription drugs from Canada.
Federal Agency: Food and Drug Administration
Affected Area: UMC
By this rule, the Drug Enforcement Administration permanently places six synthetic cathinones, as identified in this rule, in schedule I of the Controlled Substances Act. These six substances are currently listed in schedule I pursuant to a temporary scheduling order. As a result of this rule, the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess) or propose to handle these six specified controlled substances will continue to apply.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, UAPD, ORED, EHS
Schedules of Controlled Substances: Placement of Methoxetamine (MXE) in Schedule I
With the issuance of this final rule, the Drug Enforcement Administration places 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (methoxetamine, MXE), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, in schedule I of the Controlled Substances Act to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. This action imposes the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess), or propose to handle, methoxetamine.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, UAPD, ORED, EHS
Proposed Rules
The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule entitled “Integrating e-Manifest with Hazardous Waste Exports and Other Manifest-related Reports, PCB Amendments and Technical Corrections.” EPA published the proposed rule in the Federal Register on April 1, 2022 (87 FR 19290), and the public comment period was scheduled to end on May 31, 2022. However, EPA has received at least one request for additional time to develop and submit comments on the proposal. In response to the request for additional time, EPA is extending the comment period for an additional 61 days, through August 1, 2022.
Federal Agency: Environmental Protection Agency
Affected Area: EHS
Comments Due: 8/1/2022
EPA proposed a rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to health it has identified for conditions of use of chrysotile asbestos following completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos.
Federal Agency: Environmental Protection Agency
Affected Area: EHS
Comments Due: 7/13/2022
Improve Tracking of Workplace Injuries and Illnesses
The Occupational Safety and Health Administration (OSHA) is extending the comment period on the proposed rule on Improve Tracking of Workplace Injuries and Illnesses for an additional 30 days, to June 30, 2022.
Federal Agency: Occupational Safety and Health Administration (OSHA), Labor
Affected Area: EHS, Risk Management
Comments Due: 6/30/2022
Clean Water Act Section 401 Water Quality Certification Improvement Rule
Following a careful reconsideration of the water quality certification rule promulgated in 2020, the Environmental Protection Agency (EPA or the Agency) is publishing for public comment a proposed rule revising and replacing the Agency’s 2020 regulatory requirements for water quality certification under Clean Water Act (CWA) section 401. This proposed rule would update the existing regulations to be more consistent with the statutory text of the 1972 CWA; to clarify, reinforce, and provide a measure of consistency with respect to elements of section 401 certification practice that have evolved over the 50 years since the 1971 Rule was promulgated; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401. This proposal is consistent with the Executive order signed on January 20, 2021, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” which directed the Agency to review the water quality certification rule EPA promulgated in 2020. The Agency is also proposing conforming amendments to the water quality certification regulations for EPA-issued National Pollutant Discharge Elimination System permits.
Federal Agency: Environmental Protection Agency
Affected Area: EHS, Water Institute
Comments Due: 8/8/2022
This proposed rule would amend regulations of the Department of Commerce’s Bureau of Economic Analysis (BEA) to renew reporting requirements for the BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This proposed rule would also amend the regulations for BEA’s two other international services benchmark surveys, the BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons and the BE-180 Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, to clarify when the surveys will be conducted.
Federal Agency: Bureau of Economic Analysis, Commerce
Affected Area: Tax Office, ORED
Comments Due: 8/15/2022
Notices
The Open Textbooks Pilot program supports projects at eligible institutions of higher education (IHEs) that create new open textbooks (as defined in this notice) and expand the use of open textbooks and course materials in courses that are part of a degree-granting program, particularly those with high enrollments. Applicants are encouraged to develop projects that demonstrate the greatest potential to achieve the highest level of savings for students through sustainable, expanded use of open educational resources in high-enrollment courses (as defined in this notice) or in programs that prepare individuals for in-demand fields.
Federal Agency: Department of Education
Affected Area: College Bookstore
Comments Due: 7/25/2022
Certain New Chemicals; Receipt and Status Information for April 2022
EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA Section 5, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 04/01/2022 to 04/30/2022.
Federal Agency: Environmental Protection Agency
Affected Area: EHS
Comments Due: 6/24/2022
Section 2 of Executive Order 14043, Requiring Coronavirus Disease 2019 Vaccination for Federal Employees, mandates that each agency “implement, to the extent consistent with applicable law, a program to require COVID-19 vaccination for all of its Federal employees, with exceptions only as required by law.” The Rehabilitation Act of 1973, as amended, requires federal agencies to provide reasonable accommodations to qualified employees with disabilities unless that reasonable accommodation would impose an undue hardship on the employee’s agency. The Department of Labor is proposing to add student volunteers as respondents who may be requesting a medical exception or delay to the COVID-19 vaccination requirement. Additionally, the Department is proposing to add the form, Request for a Religious Exception or Delay to the COVID-19 Vaccination Requirement, to the ICR. This religious exemption form is necessary for DOL to determine legal exemptions to the vaccine requirement from student volunteers under Title VII of the Civil Rights Act of 1964. As student volunteers are not considered to be Federal employees, the Department must account for the burden for student volunteers to complete the form. For additional substantive information about this ICR, see the related notice published in the Federal Register on March 8, 2022 (87 FR 13004).
Federal Agency: Department of Labor
Affected Area: HR, ODS, OAA
Comments Due: 6/27/2022
Temporary Waiver of Buy America Requirements for Construction Materials
As the Biden-Harris Administration implements the historic Bipartisan Infrastructure Law (BIL), we seek to maximize the use of American made products and materials in all federally funded projects while also successfully delivering a wide range of critical infrastructure projects for States, local communities, counties, Tribal nations and farms, factories and businesses across the U.S. In order to deliver projects and meaningful results while ensuring robust adoption of Buy America standards, the U.S. Department of Transportation (“DOT” or “Department”) is establishing a temporary public interest waiver for construction materials for a period of 180 days beginning on May 14, 2022 and expiring on November 10, 2022. DOT is establishing this transitional waiver to prepare for compliance with the new Made in America standards for construction materials. During this time period, DOT expects States, industry, and other partners to begin developing procedures to document compliance. DOT will continue its engagement through the waiver period to help facilitate the creation of robust enforcement and compliance mechanisms and to rapidly encourage domestic sourcing of construction materials for transportation infrastructure improvements.
Federal Agency: Department of Transportation
Affected Area: Campus Development, Procurement
Submission for OMB Review; Certain Federal Acquisition Regulation Part 32 Requirements
DoD, GSA, and NASA are combining OMB Control Nos. for the Federal Acquisition Regulation (FAR) by FAR part. This consolidation is expected to improve industry’s ability to easily and efficiently identify burdens associated with a given FAR part. The review of the information collections by FAR part allows improved oversight to ensure there is no redundant or unaccounted for burden placed on industry. Lastly, combining information collections in a given FAR part is also expected to reduce the administrative burden associated with processing multiple information collections.
Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: Procurement, Contracts & Grants Accounting
Comments Due: 6/27/2022
The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval for a previously approved information collection. These forms include Application for Federal Assistance (SF-424), Federal Financial Report (SF-425), Request for Advance or Reimbursement (SF-270) and Outlay Report and Request for Reimbursement for Construction Programs (SF-271). We are required to publish this notice in the Federal Registerby the Paperwork Reduction Act of 1995. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 30th, 2022, in the Federal Register. No comments were received.
Federal Agency: Department of Transportation
Affected Area: ORED, OSP, Contracts and Grants Accounting
Comments Due: 7/5/2022
The Department of Labor (DOL) is submitting this Occupational Safety & Health Administration (OSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.
Federal Agency: Department of Labor
Affected Area: EHS, Space Management, Campus Development
Comments Due: 7/5/2022
The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), “Recordkeeping for Institutional Dual Use Research of Concern (iDURC) Policy Compliance” (EPA ICR No. 2530.03, OMB Control No. 2080-0082) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through January 1, 2023. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
Federal Agency: Environmental Protection Agency
Affected Area: ORED
Comments Due: 8/1/2022
The National Center for Education Statistics (NCES) seeks authorization from OMB to make a change to the Integrated Postsecondary Education Data System (IPEDS) data collection. Current authorization expires August 31, 2022 (OMB# 1850-0582 v.24-29). NCES is requesting a new clearance for the 2022-23, 2023-24, and 2024-25 data collections to enable us to make changes to the IPEDS data collection components, clarify definitions and instructions throughout the components, and to continue the IPEDS collection of postsecondary data over the next three years. IPEDS is a web-based data collection system designed to collect basic data from all postsecondary institutions in the United States and the other jurisdictions. IPEDS enables NCES to report on key dimensions of postsecondary education such as enrollments, degrees and other awards earned, tuition and fees, average net price, student financial aid, graduation rates, student outcomes, revenues and expenditures, faculty salaries, and staff employed. The IPEDS web-based data collection system was implemented in 2000-01. In 2020-21, IPEDS collected data from 6,063 postsecondary institutions in the United States and the other jurisdictions that are eligible to participate in Title IV Federal financial aid programs. All Title IV institutions are required to respond to IPEDS (Section 490 of the Higher Education Amendments of 1992 [Pub. L. 102-325]). IPEDS allows other (non-title IV) institutions to participate on a voluntary basis; approximately 300 non-title IV institutions elect to respond each year. Institution closures and mergers have led to a decrease in the number of institutions in the IPEDS universe over the past few years. Due to these fluctuations, combined with the addition of new institutions, NCES uses rounded estimates for the number of institutions in the respondent burden calculations for the upcoming years (estimated 6,100 Title IV institutions plus 300 non-title IV institutions for a total of 6,400 institutions estimated to submit IPEDS data during the 2022-23 through 2024-25 IPEDS data collections). IPEDS data are available to the public through the College Navigator and IPEDS Data Center websites. This clearance package includes a number of proposed changes to the data collection. As part of the public comment period review, NCES requests that IPEDS data submitters and other stakeholders respond to the directed questions found in Appendix D of this submission.
Federal Agency: Department of Education
Affected Area: OIRA
Comments Due: 7/1/2022
Section 483, of the Higher Education Act of 1965, as amended (HEA), mandates that the Secretary of Education “. . . shall produce, distribute, and process free of charge common financial reporting forms as described in this subsection to be used for application and reapplication to determine the need and eligibility of a student for financial assistance . . .”. The determination of need and eligibility are for the following Title IV, HEA, federal student financial assistance programs: The Federal Pell Grant Program; the Campus-Based programs (Federal Supplemental Educational Opportunity Grant (FSEOG) and Federal Work-Study (FWS)),; the William D. Ford Federal Direct Loan (Direct Loan) Program; the Teacher Education Assistance for College and Higher Education (TEACH) Grant; the Children of Fallen Heroes Scholarship; and the Iraq and Afghanistan Service Grant.
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Comments Due: 6/30/2022
VA Form 22-10278 is used to release information in its custody or control in the following circumstances: where the individual identifies the particular information and consents to its use; for the purpose for which it was collected or a consistent purpose (i.e., a purpose which the individual might have reasonably expected). By law, VA must have a claimants or beneficiary’s written permission (an “authorization”) to use or give out claim or benefit information for any purpose that is not contained in VA’s System of Records, 58VA21/22/28 Compensation, Pension, Education and Veteran Readiness and Employment Records—VA. The claimant or beneficiary may revoke the authorization at any time, except if VA has already acted based on the claimant’s permission.
Federal Agency: Department of Veteran’s Affairs
Affected Area: Office of Veteran Affairs
Comments Due: 8/5/2022
This information collection supports implementation of section 512 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360b), which governs new animal drugs. Agency regulations in 21 CFR part 514 and associated regulations in 21 CFR part 558, establish format and content requirements regarding new animal drug application (NADA) submissions, as well as provide for preapplication submissions, amended applications, and application supplements. This information collection also supports implementation of section 571 of the FD&C Act (21 U.S.C. 360ccc) regarding application for conditional approval of new animal drug (CNADA) submissions. As set forth in the FD&C Act and Agency regulations, requisite elements include safety and effectiveness data, proposed labeling, product manufacturing information, and, where necessary, complete information on food safety (including microbial food safety) and any methods used to determine residues of drug chemicals in edible tissue from food producing animals. Applications must be prepared as appropriate to support the particular submission. Respondents to the information collection are persons developing, manufacturing, and/or researching new animal drugs.
Federal Agency: Food and Drug Administration, Health and Human Services (HHS)
Affected Area: ORED, Animal Care
Comments Due: 7/8/2022
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning the renewal of its information collection titled, “Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003.” The OCC also is giving notice that it has sent the collection to OMB for review.
Federal Agency: Office of the Comptroller of the Currency
Affected Area: CERA
Comments Due: 7/7/2022
Pursuant to section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11001 et seq., certain facilities that manufacture, process, or otherwise use specified toxic chemicals in amounts above reporting threshold levels as provided in 40 CFR 372.25 must submit annually to EPA reporting forms to the Toxics Release Inventory (TRI). The revisions to this ICR covers the information collection activities associated with the submission of information to TRI pursuant to EPCRA section 313(b)(2), 42 U.S.C. 11023. Under EPCRA section 313(b)(2), the EPA Administrator has the authority to extend TRI reporting requirements to specific facilities that manufacture, process, or otherwise use a TRI-listed toxic chemical, but who are not currently covered by TRI reporting requirements as described at 40 CFR 372. The Administrator may determine a specific facility warrants TRI reporting on the basis of a chemical’s toxicity, the facility’s proximity to other facilities that release the chemical or to population centers, the facility’s history of releases of the chemical, or other factors that the Administrator deems appropriate. This ICR revision includes discussion of EPA’s discretionary authority under EPCRA section 313(b)(2) and outreach to potential stakeholders.
Federal Agency: Environmental Protection Agency
Affected Area: EHS
Comments Due: 7/15/2022
The Department of Labor (the Department) is soliciting comments concerning a proposed revision of the information collection request (ICR) titled “Report of Construction Contractor’s Wage Rates,” which describes the WD-10 form and its use in wage surveys to implement the prevailing wage requirements of the Davis-Bacon and Related Acts. The Department is proposing to revise the WD-10 form and create a new WD-10A pre-survey form that will be used to identify potential respondents to the WD-10. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). The PRA process helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.
Federal Agency: Wage and Hour Division, Department of Labor
Affected Area: Campus Development, Procurement
Comments Due: 8/15/2022
The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of effort in obtaining information (29 U.S.C. 657).
Federal Agency: Department of Labor
Affected Area: EHS
Comments Due: 7/14/2022
Agency Information Collection Activities for Prevailing Wage Determination Information Collection
The Department of Labor’s (Department) Employment and Training Administration (ETA) is soliciting comments concerning a proposed revision to the information collection request (ICR) titled “Application for Prevailing Wage Determination” (OMB Control Number 1205-0508), which covers Forms ETA-9141 and ETA-9141 Appendix A, and the accompanying form instructions. This action seeks to incorporate into this ICR the Form ETA-9165, with revisions, which is currently approved under the ICR titled “H-2B Foreign Labor Certification Program” (OMB Control Number 1205-0509). This action proposes minor changes to the Forms ETA-9141, ETA-9141, Appendix A, and ETA-9165, and their accompanying instructions. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Federal Agency: Employment and Training Administration, Department of Labor
Affected Area: HR, OAA, ORED
Comments Due: 8/15/2022
Section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) requires the Secretaries of HHS and USDA to publish the Dietary Guidelines for Americans (Dietary Guidelines) jointly at least every five years. The law instructs that this publication shall contain nutritional and dietary information and guidelines for the general public, shall be based on the preponderance of scientific and medical knowledge current at the time of publication, and shall be promoted by each federal agency in carrying out any federal food, nutrition, or health program. The current edition of the Dietary Guidelines (2020-2025) provides guidance on the entire life span, from birth to older adulthood, including pregnancy and lactation. The Dietary Guidelines for Americans, 2025-2030 will continue to provide food-based dietary guidance across the entire lifespan to help meet nutrient needs, promote health, and reduce the risk of chronic disease. The 2025 Dietary Guidelines Advisory Committee (Committee) shall be formed and governed under the provisions of the Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5 U.S.C., App), which sets forth standards for the formation and use of advisory committees. The Committee is established to provide independent, evidence-based advice and recommendations to be considered by HHS and USDA in the Departments’ development of the Dietary Guidelines for Americans, 2025-2030. The Committee’s review and advice will focus on the scientific questions prioritized by HHS and USDA with the potential to inform nutrition guidance for Americans across the lifespan. Formation of the Committee is necessary to adequately review the science to inform the Dietary Guidelines and is in the public interest.
Federal Agency: U.S. Department of Health and Human Services (HHS), Office of the Assistant Secretary for Health; U.S. Department of Agriculture (USDA), Food, Nutrition, and Consumer Services
Affected Area: OAA, HR
Comments Due: 7/15/2022
Antimicrobial Drug Use in Companion Animals; Extension of Comment Period
The Food and Drug Administration (FDA or the Agency) is extending the comment period for the notice that appeared in the Federal Register of February 16, 2022. In that notice, FDA requested comments on antimicrobial drug use practices in companion animals and the potential impacts of such uses on antimicrobial resistance in both humans and animals. The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.
Federal Agency: Food and Drug Administration, HHS
Affected Area: ORED
Comments Due: 9/14/2022
Agency Information Collection Activities; Comment Request; Federal Perkins Loan Program Regulations
The requirements of these regulations is necessary to monitor a school’s due diligence in its contact with the Perkins loan borrower regarding repayment, billing and collections, reimbursement to its Perkins loan revolving fund, rehabilitation of defaulted loans as well as institutions use of third party collections. There has been no change to the regulations. This is a request for an extension without change of the currently approved reporting and record-keeping requirements contained in the regulations related to the administrative requirements of the Perkins Loan Program. Due to the effects of the COVID-19 pandemic the Department lacks sufficient data to allow for more accurate updates to the burden estimates.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 8/15/2022
The Department of Education (ED) is requesting approval of a new information collection for the FFEL Program SOFR Election form. On March 15, 2022, the President signed the Adjustable Interest Rate (LIBOR) Act into law. Among other things, the law amended section 438(b)(2)(I) of the Higher Education Act of 1965, as amended (HEA). This provision of the law requires FFEL Program lenders or an entity that holds a beneficial ownership interest in a FFEL Program loan (beneficial holder) to transition away from LIBOR based Special Allowance Payments (SAP) to a new formula set by the law based on Secured Overnight Financing Rate (SOFR). The transition may occur any time on or before June 30, 2023. However, a FFEL Program lender or beneficial holder must transition to the SOFR based SAP calculation by July 1, 2023, as a condition of continued participation in FFEL Program.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 8/15/2022
Agency Information Collection Activities; Comment Request; FAFSA Form Demographic Survey
The U.S. Department of Education (the Department) is requesting a new information collection to gather demographic information in conjunction with the Free Application for Federal Student Aid (FAFSA) form. The FAFSA Simplification Act (FSAct) passed as part of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) amends the Higher Education Act of 1965, Title IV, Sec 483 (B)(ii)(VII) to add sex and race or ethnicity as information required to be provided by the applicant on the Free Application for Federal Student Aid (FAFSA) form. For the launch of the 2023-24 FAFSA on October 1, 2022, FSA will ask the demographic questions in a pilot, voluntary survey format in order to collect specific feedback on the new questions. This feedback will inform the development of the questions for full implementation within the FAFSA form for the 2024-2025 award year.
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Comments Due: 8/12/2022
Items of Interest
Request for Public Nominations of Experts To Review the New Chemicals Collaborative Research Program
The U.S. Environmental Protection Agency (EPA) is seeking nominations for technical experts to serve as Special Government Employees (SGEs) to participate in the review of the New Chemicals Collaborative Research Program with the Board of Scientific Counselors (BOSC), a federal advisory committee to the Office of Research and Development (ORD). Submission of nominations will be made via the BOSC website at: https://www.epa.gov/bosc.
Comments Due: 6/30/2022
NIH Seeking Input on Privacy When Research Data Is Shared
The National Institutes of Health (NIH) is requesting public comment on how best to protect the privacy of participants when federally funded research data is shared. NIH is seeking input on draft supplemental information to the NIH Data Management and Sharing (DMS) policy to address privacy.
Tackling the Challenges of Our Time Requires All of Us to Be at the Table’
“America’s science and technology ecosystem … must be a place of learning and curiosity, a place of research and development, a place of opportunity and innovation, and a place of constantly developing pathways for more people to be included,” she added. “But most of all, it must be cultivated such that all people can thrive.” To improve equity, she said, “We need to invite contributions from individuals and communities who have been historically excluded from federal decision-making, and include them in America’s science and technology ecosystem.”
Blind Review Is Blind to Discrimination
The blind peer-review process has long been a hallmark of academic research. Blind review ensures that research is evaluated based on the merits of the work, not the individuals who did the work. In theory, this results in better-quality research and mitigates the impacts of bias and gatekeeping in academic publishing. In reality, however, blind review can facilitate the perpetuation of institutional discrimination by turning a blind eye to the identities of those whose work is disseminated and the agendas of their institutions. It is time for academia to rethink the consequences of blind review and create processes to evaluate research that promote the sharing of high-quality work without the unintended consequence of reinforcing legacies of harm.
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. The members represent the interests of the public and the stakeholders of the USPTO.
Comments Due: 7/1/2022
Call for Review Editor Nominations for the Fifth National Climate Assessment (NCA5)
This notice seeks nominations for NCA5 Review Editors with pertinent subject matter expertise and scientific background. The Review Editor serves a critical role on the NCA, ensuring that each public and peer review comment has been considered by the author team. Review Editors do not provide additional comments on assigned draft chapters; rather they attest that the annotation is sufficiently responsive to the comment and indicates any revision made to the chapter(s), including the scientific or logical rationale for said action.
Organizations are often pressured to choose how to prioritize what is essential in terms of data management. Equally as often, they make rash decisions to comply with industry and regulatory standards. Some prioritize concern with cybersecurity threats and data leaks rather than cost efficiency. Many do not know that data management can protect against cyberattacks while being cost-effective. The growth of big data in the digital world is extraordinary. Developing an efficient data management strategy is key to securing your organization’s data ecosystem.
The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment (CHACHSPT). The CHACHSPT consists of 18 experts in fields associated with public health; epidemiology; laboratory practice; immunology; infectious diseases; drug abuse; behavioral science; health education; healthcare delivery; state health programs; clinical care; preventive health; medical education; health services and clinical research; and healthcare financing, who are selected by the Secretary of the U.S. Department of Health and Human Services (HHS).
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 2022-2023 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, Iraq and Afghanistan Service 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; 84.379 TEACH Grant Program; 84.408 Iraq and Afghanistan Service Grant Program.
Every year, the Department of Education sends a checklist to colleges and universities reminding them of the various federal laws and regulations they have to comply with, including environmental standards, Title IX and FERPA, the Family Educational Rights and Privacy Act. For many years, that checklist did not mention any reporting requirements for foreign gifts and contracts. As a result, many higher education institutions were caught off guard in 2019 when the department began launching investigations of colleges and universities for noncompliance with the regulations. Now, three years later, lawmakers are attempting to strengthen and clarify the reporting mandates for donations that come from abroad. The Bipartisan Innovation Act, versions of which passed the House and Senate this spring, is meant to boost America’s competitiveness in the global economy, but it also includes language that would beef up foreign donation transparency laws for higher education institutions. The law would require individual faculty and staff members to report gifts from foreign entities and lower the current reporting threshold for institutions from $250,000 per gift to $50,000. President Biden has promised to sign the bill once the House and the Senate hash out their differences.
DOJ Revises CFAA Charging Policy to Provide Clarity for Cybersecurity Research and Terms of Use
On May 19, 2022, the Department of Justice (DOJ) issued revisions to its existing policy for charging offenses under the Computer Fraud and Abuse Act (CFAA) (2022 CFAA Policy). The revisions state that “good-faith” security research will not be charged as a criminal CFAA violation. Comments accompanying the revised policy statement also highlight the importance of technical barriers—in addition to contractual limits—to determinations of when access exceeds authorization. Although the announcement regarding security research made a splash in the press, it is unclear to what degree the policy represents a change in how DOJ will approach cases. Nor can security researchers rely on the guidance for concrete assurances against liability, because the policy revision has no effect on civil CFAA liability or state laws that provide for criminal or civil liability for unauthorized access to computer systems. The revision may also introduce uncertainty for system owners, who may be left wondering how the new policy will be applied, and how federal law enforcement will react to conduct viewed by some as good-faith research and by others as in a gray area.
Final priority-State Personnel Development Grants
The Department of Education (Department) announces a priority under the State Personnel Development Grants (SPDG), Assistance Listing Number 84.323A. The Department may use the priority for competitions in fiscal year (FY) 2022 and later years. We take this action to focus attention on the need to improve results for children with disabilities and their families by supporting a comprehensive system of personnel development (CSPD) for the Individuals with Disabilities Education Act (IDEA) Part C Grants for Infants and Families program.
DataWorks! Prize – Incentives for building a culture of data sharing and reuse
A $500,000 prize purse, rewarding data sharing and reuse in biomedical research, is a new, innovative strategy for supporting the research community. The DataWorks! Prize highlights the role of data sharing and reuse in scientific discovery while recognizing and rewarding researchers who engage in these practices. This prize, which launched on May 11, 2022, is a partnership between the NIH Office of Data Science Strategy and the Federation of American Societies for Experimental Biology (FASEB). The future of biological and biomedical research hinges on researchers’ ability to share and reuse data. Sharing and reuse had a sizable, catalytic impact on the development of COVID-19 vaccines and treatment protocols. The DataWorks! Prize is an opportunity for the research community to share their stories about the practices, big and small, that lead to scientific discovery.
Since 1970, the Carnegie Classification system has helped make sense of the diversity of institutions that make up higher education in the U.S., grouping them based on the degrees they offer, their size and the research productivity of their faculty, among other measures. Earlier this year, the Carnegie Foundation and the American Council on Education announced that they would partner on the classifications and specifically described the need for the “Carnegie Classification system to reflect the nation’s pressing social, racial, and economic concerns and challenge higher education institutions and their public, social, and commercial sector partners to meaningfully address them.”
Researchers criticize Senate plan to steer more NSF funding to ‘have not’ states
Top research universities in just a handful of U.S. states conduct the majority of research funded by the National Science Foundation (NSF), while institutions in half the country receive only crumbs. The U.S. Senate wants NSF to correct that longstanding geographic imbalance. But its solution—to immediately allocate 20% of NSF’s budget to what is currently a small program serving those have-not states—is drawing fierce opposition from many universities and nearly 100 members of Congress.
Effective Biomedical Public-Private Partnerships Are About Innovation, Not Lower Drug Prices
There is fascination of late with the prospect of exercising Bayh-Dole Act “march-in rights,” primarily as a means of reducing the price of expensive drugs that have been discovered or developed with federal funds. In recently published pieces in Health Affairs Forefront and elsewhere, some contend that the intended public health benefits of biomedical public-private partnerships will be realized only if the drug prices paid by consumers are reduced prior to patent expiry.
AAU Sends Letter Expressing Concern Over Section 124 Reporting Requirements in USICA
AAU President Barbara R. Snyder sent a letter to the leadership of the House and Senate Education and Labor Committees expressing concern “with the potential adverse consequences of the new Higher Education Act (HEA) Section 124 reporting requirement created by Section 6124(b) of S. 1260, the U.S. Innovation and Competition Act (USICA).” The provision mandates university personnel to report any gifts from, or contracts with, any foreign source and requires the establishment of a new searchable database containing information about engagements with foreign scholars or entities.
A focus groups study on data sharing and research data management
Data sharing can accelerate scientific discovery while increasing return on investment beyond the researcher or group that produced them. Data repositories enable data sharing and preservation over the long term, but little is known about scientists’ perceptions of them and their perspectives on data management and sharing practices. Using focus groups with scientists from five disciplines (atmospheric and earth science, computer science, chemistry, ecology, and neuroscience), we asked questions about data management to lead into a discussion of what features they think are necessary to include in data repository systems and services to help them implement the data sharing and preservation parts of their data management plans. Participants identified metadata quality control and training as problem areas in data management. Additionally, participants discussed several desired repository features, including: metadata control, data traceability, security, stable infrastructure, and data use restrictions. We present their desired repository features as a rubric for the research community to encourage repository utilization. Future directions for research are discussed.
Request for Applicants for Appointment to the Surface Transportation Security Advisory Committee
The Transportation Security Administration (TSA) is requesting applications from individuals who are interested in being appointed to serve on the Surface Transportation Security Advisory Committee (STSAC). All applicants must represent one of the constituencies specified below in order to be eligible for appointment. STSAC’s mission is to provide advice, consultation, and recommendations to the TSA Administrator on improving surface transportation security matters, including developing, refining, and implementing policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security, while adhering to sensitive security guidelines. The STSAC will consider risk-based approaches in the performance of its duties.
Comments Due: 7/18/2022
This Voluntary Resolution Agreement (“Agreement”) is entered into by the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS OCR”) and the University of Southern California (“USC”) and its medical enterprise, Keck Medicine of USC (“KMUSC”). The health care components of USC and KMUSC (hereinafter collectively referred to as “the KMUSC Entities”), are set forth in Appendix A, attached hereto and incorporated by reference. HHS OCR and the KMUSC Entities shall together be referred to as the “Parties.” The purpose of this Agreement is for KMUSC Entities to affirm their compliance with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., and its implementing regulation at 45 C.F.R. Part 86 (“Title IX”). The scope of this Agreement is defined by the HHS Title IX implementing regulation, which states that “no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activityoperated by a recipient which receives Federal financial assistance.” 45 C.F.R. § 86.31(a). HHS OCR initiated a compliance review of KMUSC on June 10, 2019, to assess KMUSC’s compliance with Title IX in its handling of sexual harassment complaints. Pursuant to Title IX, this Agreement between the KMUSC Entities and HHS OCR resolves HHS OCR Transaction No. 18-308562, a compliance review of the KMUSC Entities’ policies and procedures for responding to sex discrimination complaints made by students, employees, or patients employed by, or participating in, any KMUSC programs or activities receiving Federal financial assistance from HHS.
Pursuant to provisions of the Federal Advisory Committee Act, the Department of Commerce announces the renewal of the Renewable Energy and Energy Efficiency Advisory Committee (the Committee). The Committee shall advise the Secretary of Commerce regarding the development and administration of programs and policies to expand the competitiveness of U.S. exports of renewable energy and energy efficiency goods and services. The Committee’s work on renewable energy will focus on technologies, equipment, and services to generate electricity, produce heat, and power vehicles from renewable sources such as solar, wind, biomass, hydropower, geothermal, and hydrogen. The Committee’s work on energy efficiency will focus on technologies, services, and platforms that provide system-level energy efficiency to electricity generation, transmission, and distribution. These include smart grid technologies and services, as well as equipment and systems that increase the resiliency of power infrastructure such as energy storage. Climate solutions in the energy sector, such as low-carbon hydrogen production, clean energy transportation, and virtual power plants are also within the scope of the Committee. For the purposes of this Committee, covered goods and services will not include vehicles, feedstock for biofuels, or energy efficiency as it relates to consumer goods or buildings. Non-fossil fuels that reduce carbon consumption (e.g., liquid biofuels and pellets) are included. This notice also requests nominations for membership.
Comments Due: 7/22/2022
Research must do no harm: new guidance addresses all studies relating to people
Editors, authors and reviewers should together consider and discuss benefits and harms that might emerge from manuscripts dealing with human population groups, and discuss when potential harms warrant revisions. Ethical concerns need to be flagged about research that could fuel hate speech; about potentially denigrating images; about content that could be used to undermine the dignity or rights of a human group; and about content that could cause harm in other ways. Although cases are not always clear cut, if publication risks people being harmed, authors and editors need to consider those risks against any benefits that could arise from publication.
GAO Urges Better Analysis of Universities’ Risk of Foreign Threats
The GAO report relates to the issue of whether foreign governments like China’s are targeting sensitive research information at American universities—efforts that have intensified in recent years. The report focuses on the outreach by the Departments of Commerce and Homeland Security and other agencies to universities to help guard against possible breaches and the extent to which the agencies can target their efforts at the institutions most at risk. The review found that the agencies either don’t take risk into consideration or rate the institutions’ risk on too narrow a set of factors. The report lays out a set of recommendations to improve the information available to the agencies about institutional risk.
Electric Vehicle Working Group
In accordance with the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA), and the Federal Advisory Committee Act, the U.S. Department of Energy and U.S. Department of Transportation are soliciting nominations for candidates to fill vacancies on the Electric Vehicle Working Group (Working Group).
Comments Due: 7/15/2022
Request for Nominations for a Science Advisory Board Panel on BenMAP and Benefits Methods
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is expanding its request for nominations previously announced on April 5, 2022. The EPA SAB Staff Office previously requested nominations of scientific experts to form a panel to review EPA’s new cloud-based Environmental Benefits and Mapping (BenMAP) tool, an open-source computer program that calculates estimated air pollution-related deaths and illnesses and their associated economic values. In that notice, the SAB Staff Office indicated its intention to announce a separate panel that would address the approach EPA takes for selecting and applying evidence in its PM2.5
and Ozone (O3) benefits assessments. Because the two panels would require substantially similar expertise, the SAB Staff Office has now determined that it is appropriate to combine them into a single panel with a more comprehensive charge. The Science Advisory Board Staff Office is soliciting additional candidates to complement those nominated for the review of BenMAP.
Comments Due: 6/27/2022
Tech accountability package: The way to kill privacy legislation
In recent months, the pressure from Congress on tech companies has grown with nebulous, and at times paradoxical, accountability proposals introduced on Capitol Hill. Bills have been proposed to change and regulate the way we protect freedom on the internet, privacy, and platform interoperability and competition.
US lawmakers unveil bipartisan American Data Privacy and Protection Act
Members of U.S. Congress appear to be full-steam ahead in their pursuit of finalizing comprehensive federal privacy legislation by year’s end. A day after revelations of a draft bill circulating, a bipartisan group of lawmakers published a discussion draft for the proposed American Data Privacy and Protection Act for full public consumption. The proposal has three thresholds for covered entities based on the size of a given business. There are provisions for enhanced children’s protections, limits on targeted advertising, preemption over facets of state laws, and a limited private right of action. The draft also proposes a chief privacy officer requirement and other organizational requirements related to data minimization and scaled-back data practices.
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