Newsletter – Page 2 – Compliance, Ethics, and Regulatory Affairs

Compliance Alert – October 2023

October 25th, 2023
in Compliance, Newsletter

Legislative Updates

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

Final Rules

Federal Acquisition Regulation: Whistleblower Protection for Contractor Employees

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement an act to enhance whistleblower protection for contractor employees. The rule makes permanent the protection for disclosure of certain information. It also clarifies that the prohibition on reimbursement for legal fees accrued in defense against reprisal claims applies to subcontractors, as well as contractors.

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

Affected Area: Legal, HR

Financial Value Transparency and Gainful Employment

The Secretary establishes and amends regulations related to gainful employment (GE) to address ongoing concerns about educational programs designed to prepare students for gainful employment in a recognized occupation, but that instead leave them with unaffordable amounts of student loan debt in relation to their earnings, or with no gain in earnings compared to others with no more than a high school education. The Secretary separately seeks to enhance transparency by providing information about financial costs and benefits to students at nearly all academic programs at postsecondary institutions that are eligible to participate in title IV of the Higher Education Act of 1965, as amended (HEA).

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Academic Affairs

Second Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

On March 1, 2023 the Drug Enforcement Administration (DEA), in concert with the Department of Health and Human Services (HHS), promulgated two notices of proposed rulemakings (NPRMs) soliciting comments on proposals to allow for prescribing of controlled medications pursuant to the practice of telemedicine in instances where the prescribing practitioner has never conducted an in-person medical evaluation of the patient. On May 10, 2023, following initial review of the comments received, DEA, jointly with HHS, issued a temporary rule (First Temporary Rule) extending certain exceptions granted to existing DEA regulations in March 2020 as a result of the COVID–19 Public Health Emergency (COVID–19 PHE). These exceptions were granted in order to avoid lapses in care for patients. In particular, with respect to practitioner-patient relationships formed after the May 11, 2023, expiration of the COVID–19 PHE, the First Temporary Rule extended the temporary exceptions until November 11, 2023. In this second temporary rule, as DEA and HHS continue to consider revisions to the proposed rules set forth in the March 1, 2023 NPRMs and in light of Telemedicine Listening Sessions that DEA hosted on September 12 and 13, 2023, DEA and HHS are further extending such exceptions to existing DEA regulations for new practitioner-patient relationships through December 31, 2024.

Federal Agency: Drug Enforcement Administration, Department of Justice; Substance Abuse and Mental Health Services Administration, Department of Health and Human Services

Affected Area: UMC, Student Health Center and Pharmacy

Proposed Rules

Federal Acquisition Regulation: Cyber Threat and Incident Reporting and Information Sharing

Recent cybersecurity incidents such as those involving SolarWinds, Microsoft Exchange, and the Colonial Pipeline incident are a sobering reminder that U.S. public and private sector entities increasingly face sophisticated malicious cyber activity from both nation-state actors and cyber criminals. These incidents share commonalities, including insufficient cybersecurity defenses that leave public and private sector entities more vulnerable to incidents. The E.O. makes a significant contribution toward modernizing cybersecurity defenses by protecting Federal networks, improving information sharing between the U.S. Government and the private sector on cyber issues, and strengthening the United States’ ability to respond to incidents when they occur. This proposed rule underscores that the compliance with information-sharing and incident-reporting requirements are material to eligibility and payment under Government contracts.

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

Affected Area: OIT

Comments Due: 12/4/2023

Federal Acquisition Regulation: Standardizing Cybersecurity Requirements for Unclassified Federal Information Systems

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to partially implement an Executive Order to standardize cybersecurity contractual requirements across Federal agencies for unclassified Federal information systems, and a statute on improving the Nation’s cybersecurity.

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

Affected Area: OIT

Comments Due: 12/4/2023

Request for Information; Coverage of Over-the-Counter Preventive Services

This document is a request for information (RFI) regarding the application of the preventive services requirements under section 2713 of the Public Health Service Act (PHS Act) to over-the-counter (OTC) preventive items and services available without a prescription by a health care provider. The Department of the Treasury, the Department of Labor, and the Department of Health and Human Services (the Departments) are issuing this RFI to gather input from the public regarding the potential benefits and costs of requiring non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage to cover OTC preventive items and services without cost sharing and without a prescription by a health care provider; seek comment on any potential challenges associated with providing such coverage; understand whether and how providing such coverage would benefit consumers; and assess any potential burden that plans and issuers would face if required to provide such coverage.

Federal Agency: Department of Health and Human Services

Affected Area: HR

Comments Due: 12/4/2023

Notices

Free Application for Federal Student Aid (FAFSA®) Information To Be Verified for the 2024-2025 Award Year

For each award year, the Secretary publishes in the Federal Register a notice announcing the FAFSA information that an institution and an applicant may be required to verify, as well as the acceptable documentation for verifying FAFSA information. This is the notice for the 2024–2025 award year, Assistance Listing Numbers 84.007, 84.033, 84.063, and 84.268.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Student Financial Aid

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Teacher Education Assistance for College and Higher Education Grant Program (TEACH Grant Program) Service Obligation Certification and Suspension Request Forms

The U.S. Department of Education (the Department) is requesting a revision of the Teacher Education Assistance for College and Higher (TEACH) Grant Certification of Qualifying Teaching (Certification), and five Service Obligation Suspension Requests (Suspension Requests) currently approved under OMB No. 1845–0158. Under conditions that are specified in the TEACH Grant Program regulations, a grant recipient may request and receive a temporary suspension of the eight-year period for completing the service obligation, and a grant recipient who is subject to an extended call to active-duty military service may receive a discharge of some or all of the four-year service obligation. The requested revision to the information collection does not change the current number of respondents, responses, or burden hours. The only substantive proposed change is in the Certification. We have also made a minor conforming change in the TEACH Grant Service Obligation Suspension Request: Enrollment in a Qualifying Program or Completing Teacher Licensure Requirements form and minor formatting change to the TEACH Grant Service Obligation Suspension/Discharge Request: Military Service. We are otherwise proposing no substantive changes to the Certification and Suspension forms included with this submission.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Student Financial Aid

Comments Due: 10/18/2023

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Construction Fall Protection Systems Criteria, Practices, and Training Requirements

The Standards on Construction Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503) ensure that employers provide the required fall protection for their workers. Accordingly, these standards have the following paperwork requirements: Paragraphs (c)(4)(ii) and (k) of 29 CFR 1926.502, which specify certification of safety nets and development of fall protection plans, respectively, and paragraph (b) of 29 CFR 1926.503, which requires employers to certify training records. The training certification requirement specified in paragraph (b) of 29 CFR 1926.503 documents the training provided to workers potentially exposed to fall hazards in construction. A competent person must train these workers to recognize fall hazards and in the use of procedures and equipment that minimize these hazards. An employer must verify compliance with this training requirement by preparing and maintaining a written certification record that contains the name or other identifier of the worker receiving the training, the date(s) of the training, and the signature of the competent person who conducted the training, or of the employer. For additional substantive information about this ICR, see the related notice published in the Federal Register on May 26, 2023 (88 FR 34186).

Federal Agency: Department of Labor

Affected Area: Campus Development, Facilities and Grounds

Comments Due: 10/23/2023

Notice of Approved Agency Information Collection; Information Collection: Davis-Bacon Certified Payroll

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, “Davis-Bacon Certified Payroll,” 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 September 30, 2026.

Federal Agency: Wage and Hour Division

Affected Area: Campus Development, Construction Administration

Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects

The Federal Emergency Management Agency (FEMA) is publishing this notice to document and request comments on its determination that a programmatic/class review is appropriate for six categories of activities in specific grant programs that do not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk.

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

Affected Area: Campus Development, Facilities and Grounds

Comments Due: 11/13/2023

Request for Information on Potential New Program, From Seedlings to Scale (S2S)

The National Center for Education Research (NCER), a center within the Institute of Education Sciences (IES), is seeking insight to guide its efforts to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.

Federal Agency: Institute of Education Sciences, Department of Education

Affected Area: College of Education

Comments Due: 11/3/2023

Items of Interest

NIH sticks to new requirement that foreign partners share lab notebooks

The National Institutes of Health (NIH) is standing firm on a new mandate requiring partners abroad to periodically share lab notebooks and other raw data with their main grant recipient in the United States. Hundreds of researchers and organizations had urged the agency to drop or narrow the rule because they warned it could impede foreign collaborations, particularly in developing countries.

Advisory Committee on Landslides; Request for Nominations

The U.S. Geological Survey seeks nominations for individuals to be considered for membership to serve on the Advisory Committee on Landslides.

A New Campaign to End Unpaid Internships

Unpaid internships used to be seen as an opportunity for students to easily get experience and credit, but data show those who complete paid internships have better outcomes.

Supporting Student Wellness: What’s Enough and What’s Too Much?

In a new Student Voice survey, the vast majority of respondents say they want a significant level of involvement from faculty members in addressing stress and mental health issues, and even in promoting their physical wellness. Students want advisers to help them reduce stress, as well.

Massive Data Breach at University of Minnesota

The University of Minnesota confirmed Thursday that three decades’ worth of sensitive information about applicants, students and employees were accessed in a data breach, according to The Star Tribune. The disclosure comes two months after murmurs of a potential cyberattack first surfaced. The data were drawn from financial aid applications spanning from 1989 to 2021 and included dates of birth, Social Security numbers and passport information, according to a news release from the university. The university is now facing six lawsuits from individuals whose personal information was obtained in the data breach and who claim the university didn’t properly protect their personal information or promptly notify them when the breach occurred.

Forensic Laboratory Needs-Technology Working Group

NIJ is seeking qualified individuals to serve on the FLN–TWG. The mission of the FLN–TWG is to advise, assess, and provide information to NIJ and its Federal partners on the technology needs of state, local, and tribal forensic laboratories to (1) improve coordination of technology transition or standardization, (2) identify localized or system-wide operational gaps or impediments to adoption, not including resource limitations, (3) increase the capacity and quality of forensic services within an ever-increasing demand for services nationwide.

Comments Due: 12/29/2023

A Political Standoff Over Affirmative Action

Politicians are settling into entrenched positions in the fight over how to interpret the Supreme Court’s affirmative action ban. Where does that leave colleges?

AI tools as science policy advisers? The potential and the pitfalls Recent advances in artificial intelligence (AI) have stoked febrile commentary around large language models (LLMs), such as ChatGPT and others, that can generate text in response to typed prompts. Although these tools can benefit research, there are widespread concerns about the technology — from loss of jobs and the effects of over-reliance on AI assistance, to AI-generated disinformation undermining democracies.

Office of the Secretary, Interagency Pain Research Coordinating Committee Call for Committee Membership Nominations

Membership on the committee will include six (6) non-Federal members from among scientists, physicians, and other health professionals and six (6) non-Federal members of the general public who are representatives of leading research, advocacy, and service organizations for individuals with pain-related conditions. Members will serve overlapping three year terms. It is anticipated that the committee will meet at least once a year.

Comments Due: 11/1/2023

Request for Nominations for the Federal System Funding Alternative Advisory Board to the Federal Highway Administration

The FHWA announces a solicitation of Membership to the Federal System Funding Alternative Advisory Board (Advisory Board). Advisory Board members will serve for 2 years after the date on which the Advisory Board is established, with the potential for reappointment. The Advisory Board will assist with providing the Secretary of Transportation (Secretary) with recommendations related to the structure, scope, and methodology for developing and implementing the national motor vehicle per-mile user fee pilot program; assist with carrying out a public awareness campaign; assist with developing reports to Congress analyzing the national motor vehicle per-mile user fee pilot program; and coordinate in the development of the recommendations and a report to Congress required under the Strategic Innovation for Revenue Collection Pilot Program.

Comments Due: 11/17/2023

Stanford to Pay $1.9M for Alleged Failure to Disclose Foreign Funding

Stanford University has agreed to pay the U.S. government nearly $2 million to resolve allegations that it failed to report financial support from foreign sources in applications for federal research grants, the U.S. Department of Justice announced Tuesday.

North Carolina Forces Changes to Accreditation

North Carolina colleges and universities will be required to change accreditors every cycle, according to a new bill that was passed amid a flurry of other legislation and signed into law last week.

Reminder: Annual Reports to the Office of Laboratory Animal Welfare due December 1, 2023 (NIH NOT-OD-24-008)

This Notice is to remind domestic institutions with an approved Domestic Animal Welfare Assurance that Annual Reports for the reporting period October 1, 2022, through September 30, 2023, are due to the NIH Office of Laboratory Animal Welfare (OLAW) by December 1, 2023.

House Bill Would Overhaul Foreign Gift Reporting Requirements

Colleges and universities would have to report more foreign gifts and could lose access to federal financial aid if they don’t comply under a new bill from two House Republicans.

House Bill Would Overhaul Foreign Gift Reporting Requirements (Inside Higher Ed)

Representative Virginia Foxx of North Carolina, who chairs the House education committee, and Representative Michelle Steel of California are proposed to lower the threshold for reporting foreign gifts from $250,000 to $50,000. Colleges and universities also would be barred from entering into contracts with “countries of concern,” according to a bill summary.

Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
9/21/2023	Environmental Health and Safety	Gene Holcomb	Facility Fire Safety Policy	9/21/2023	New Policy: The purpose of this policy is to ensure that all areas of campus are safe and in compliance with the International Fire Code (IFC) and state and local ordinances.
9/28/2023	Risk Management	Wade Bond	Facility and Grounds Use Insurance Policy	7/31/2013	Revised Policy: Changes made to more accurately convey the original intent of the policy
10/13/2023	Compliance, Ethics, and Regulatory Affairs	Ronda Lacey	HIPAA Core Privacy Policy	10/13/2023	New Policy: The purpose of this policy is to ensure that the designated covered entities of The University of Alabama, a Hybrid Entity, and the business associates of any University covered entity, are aware of and comply with applicable privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), including any amendments or additional documentation and any related laws protecting the privacy of protected Health information (PHI).
10/13/2023	Research and Economic Development	Lauren Wilson	Intellectual Property Policy	10/13/2023	Revised Policy: Updating policy to reflect language in Board Rule 509. This removes the IPA that was previously required.

Compliance Alert – September 2023

September 27th, 2023
in Compliance, Newsletter

Legislative Updates

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

Final Rules

Updating the Davis-Bacon and Related Acts Regulations

In this final rule, the Department of Labor (Department or DOL) updates regulations issued under the Davis-Bacon and Related Acts. As the first comprehensive regulatory review in nearly 40 years, revisions to these regulations will promote compliance, provide appropriate and updated guidance, and enhance their usefulness in the modern economy.

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

Affected Area: Campus Development

Revised Definition of “Waters of the United States”; Conforming

The Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) are amending the Code of Federal Regulations (CFR) to conform the definition of “waters of the United States” to a 2023 Supreme Court decision. This conforming rule amends the provisions of the agencies’ definition of “waters of the United States” that are invalid under the Supreme Court’s interpretation of the Clean Water Act in the 2023 decision.

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

Affected Area: Campus Development, EHS

Proposed Rules

Annual Reporting of Explosive Materials Storage Facilities to the Local Fire Authority

The Department of Justice is proposing to amend Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) regulations to require that any person who stores explosive materials notify on an annual basis the authority having jurisdiction for fire safety in the locality in which the explosive materials are being stored of the type of explosives, magazine capacity, and location of each site where such materials are stored. In addition, the proposed rule requires any person who stores explosive materials to notify the authority having jurisdiction for fire safety in the locality in which the explosive materials were stored whenever storage is discontinued. These changes are intended to increase public safety.

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

Affected Area: EHS, Office of Emergency Management, UAPD

Comments Due: 11/21/2023

Child Protection Improvements Act Criteria for Designated Entity Determinations

The Department of Justice is proposing to promulgate regulations (“proposed rule” or “rule”) concerning the Child Protection Improvements Act of 2018 (“CPIA”). The CPIA provides a means by which authorized qualified entities can have access to national criminal history background checks for determinations of whether covered individuals have been convicted of, or are under pending indictment for, a crime that bears upon their fitness to have responsibility for the safety and well-being of children, the elderly, or individuals with disabilities. As required by the CPIA, these proposed regulations would establish the criteria to be utilized by an entity designated by the Federal Bureau of Investigation (FBI) to make these determinations.

Federal Agency: Federal Bureau of Investigation, Department of Justice

Affected Area: Youth Protection

Comments Due: 9/25/2023

Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Waiver for Mobile Driver’s Licenses

The Transportation Security Administration (TSA) is proposing to amend the REAL ID regulations to waive, on a temporary and State-by-State basis, the regulatory requirement that mobile or digital driver’s licenses or identification cards (collectively “mobile driver’s licenses” or “mDLs”) must be compliant with REAL ID requirements to be accepted by Federal agencies for official purposes, as defined by the REAL ID Act, when full enforcement of the REAL ID Act and regulations begins on May 7, 2025.

Federal Agency: Transportation Security Administration, Department of Homeland Security

Affected Area: HR

Comments Due: 10/16/2023

Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees

In this proposal, the Department of Labor (Department) is updating and revising the regulations issued under the Fair Labor Standards Act implementing the exemptions from minimum wage and overtime pay requirements for executive, administrative, professional, outside sales, and computer employees. Significant proposed revisions include increasing the standard salary level to the 35th percentile of weekly earnings of full-time salaried workers in the lowest-wage Census Region (currently the South)—$1,059 per week ($55,068 annually for a full-year worker)—and increasing the highly compensated employee total annual compensation threshold to the annualized weekly earnings of the 85th percentile of full-time salaried workers nationally ($143,988). The Department is also proposing to add to the regulations an automatic updating mechanism that would allow for the timely and efficient updating of all the earnings thresholds.

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: HR

Comments Due: 11/7/2023

Proposed Priorities, Requirements, and Definitions-National Professional Development Program

The NPD program, authorized by sections 3111(c)(1)(C) and 3131 of the Elementary and Secondary Education Act of 1965(ESEA), provides grants to institutions of higher education (IHEs) or public or private entities with relevant experience and capacity, in consortia with State educational agencies (SEAs) or local educational agencies (LEAs), to implement pre-service and in-service professional development activities intended to improve instruction for English Learners (ELs) and assist education personnel working with ELs to meet high professional standards.

Federal Agency: Office of English Language Acquisition, Department of Education

Affected Area: College of Education

Comments Due: 10/16/2023

Notices

Agency Information Collection Activities; 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: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 10/16/2023

Informed Consent: Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors; Availability

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled “Informed Consent: Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors.” The guidance announced in this notice is intended to assist institutional review boards (IRBs), clinical investigators, and sponsors involved in clinical investigations of FDA-regulated products in carrying out their responsibilities related to informed consent. The guidance provides the Agency’s recommendations regarding informed consent and describes FDA regulatory requirements to help assure the protection of the rights and welfare of human subjects in clinical investigations. This guidance finalizes the draft guidance entitled, “Informed Consent Information Sheet: Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors,” issued on July 15, 2014, and supersedes FDA’s guidance entitled “A Guide to Informed Consent,” issued in September 1998.

Federal Agency: Food and Drug Administration, HHS

Affected Area: ORED

Waiver of Buy America Requirements for De Minimis Costs and Small Grants

The Department of Transportation (DOT) seeks to maximize the use of American-made products and materials in all federally funded projects as part of the Biden-Harris Administration’s implementation of the Build America, Buy America Act (BABA), which was included in the historic Bipartisan Infrastructure Law (BIL). In this notice, DOT is taking action to finalize a limited waiver of Buy America requirements for de minimis costs and small grants. Based on public comments from stakeholders, this final waiver is narrower than what DOT had first proposed on November 4, 2022. The waiver will allow DOT and its assistance recipients to focus their domestic sourcing efforts on products that provide the greatest manufacturing opportunities for American workers and firms and reduce delays in the delivery of important transportation infrastructure projects that provide jobs and promote economic growth.

Federal Agency: Department of Transportation

Affected Area: Procurement, Office of Sponsored Programs

Proposed Information Collection Request; Comment Request; Generic Clearance for Participatory Science and Crowdsourcing Projects (Renewal)

EPA relies on scientific information to achieve its’ mission of protecting human health and the environment. Participatory science and crowdsourcing techniques allow the Agency to collect qualitative and quantitative data that could inform scientific research, assessments, or environmental screening; validate environmental models or tools; or enhance the quantity and quality of data collected across the country’s diverse communities and ecosystems in support of the Agency’s mission. Information gathered under this generic ICR may be used by the Agency to support the activities listed above. Collections under this generic ICR will be: (i) from participants who actively seek to participate on their own initiative through an open and transparent process (the Agency does not select participants or require participation); (ii) low-burden for participants; (iii) low-cost for both the participants and the Federal Government; and (iv) available to support the scientific research (including assessments, environmental screening, tools, models, etc.) of the Agency, states, Tribal or local entities where data collection occurs. EPA may, by virtue of collaborating with nonfederal entities, sponsor the collection of this type of information in connection with participatory science projects. When applicable, all such collections will comply with Agency policies and regulations related to human subjects research and will follow the established approval paths through EPA’s Human Subjects Research Review Official. Finally, personally identifiable information will only be collected when necessary and in accordance with applicable federal procedures and policies. If a new collection is not within the parameters of this generic ICR, the Agency will submit a separate information collection request to OMB for approval.

Federal Agency: Department of Transportation

Affected Area: Procurement, Office of Sponsored Programs

Comments Due: 10/20/2023

Employment Authorization for Ukrainian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict in Ukraine

This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Ukraine, regardless of country of birth (or individuals having no nationality who last habitually resided in Ukraine), and who are experiencing severe economic hardship as a direct result of the current armed conflict in Ukraine. The Secretary is taking action to provide relief to these Ukrainian students who are in lawful F–1 nonimmigrant student status, so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F–1 nonimmigrant student status. The U.S. Department of Homeland Security (DHS) will deem an F–1 nonimmigrant student granted employment authorization by means of this notice to be engaged in a “full course of study” for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice.

Federal Agency: U.S. Immigration and Customs Enforcement; Department of Homeland Security

Affected Area: Admissions, Capstone International

Requiring Identity Verification for Attorney-Sponsored Accounts

The United States Patent and Trademark Office (USPTO) announces that beginning on January 20, 2024, all existing and new attorney support staff with an attorney-sponsored USPTO.gov account will be required to verify their identity to access trademark filing systems. The USPTO is making this change after discovering that some U.S.-licensed attorneys have sponsored accounts for individuals who are not directly supervised attorney support staff, and that many of these sponsored accounts appear to be shared by multiple foreign agents and attorneys. These actions violate the Trademark Verified USPTO.gov Account Agreement (Agreement).

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

Affected Area: ORED

Agency Information Collection Activities; Comment Request; 2020/25 Beginning Postsecondary Students (BPS:20/25) Field Test

The 2020/25 Beginning Postsecondary Students Full-Scale (BPS:20/25) is conducted by the National Center for Education Statistics, part of the Institute of Education Sciences, within the Department of Education, and is part of the Beginning Postsecondary Students Longitudinal Study data collection program. BPS is designed to follow a cohort of students who enroll in postsecondary education for the first time during the same academic year, irrespective of the date of high school completion. The study collects data on students’ persistence in and completion of postsecondary education programs; their transition to employment; demographic characteristics; and changes over time in their goals, marital status, income, and debt, among other indicators. Data from BPS are used to help researchers and policymakers better understand how financial aid influences persistence and completion, what percentages of students complete various degree programs, what are the early employment and wage outcomes for certificate and degree attainers, and why students leave school.

Federal Agency: National Center for Education Statistics (NCES), Department of Education (ED)

Affected Area: Financial Aid, Registrar

Comments Due: 11/6/2023

Simplifying FEMA Preparedness Grants

The Federal Emergency Management Agency (FEMA) aims to improve the management and administration of its preparedness grant programs to continue to assist the nation in building and sustaining capabilities to prevent, prepare for, protect against, and respond to terrorist attacks and other hazards. FEMA is issuing this Notice and Request for Information (RFI) to seek public input on simplifying and streamlining its preparedness grant process to improve the efficiency and accessibility of its suite of preparedness grant programs.

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

Affected Area: Emergency Preparedness

Comments Due: 11/7/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2024-2025 Free Application for Federal Student Aid (FAFSA®)

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

Affected Area: Student Financial Aid

Comments Due: 10/16/2023

Items of Interest

Solicitation of Nominations for Appointment to the Board of Scientific Counselors, National Center for Health Statistics

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 Center for Health Statistics (BSC, NCHS). The BSC, NCHS consists of up to 15 experts including the Chair in fields associated with the scientific and technical program objectives of the Center.

Comments Due: 9/22/2023

Request for Expressions of Interest in Membership on the Federal Insurance Office’s Federal Advisory Committee on Insurance

The Federal Insurance Office (FIO) within the Department of the Treasury invites the public to submit expressions of interest in serving as members of the Federal Advisory Committee on Insurance (FACI). Submissions must be received by FIO no later than September 30, 2023.

Biden Administration Releases Guidance on Affirmative Action

The federal government released long-awaited resources for colleges this morning on the implications of the Supreme Court’s decision striking down affirmative action, offering legal guidance on a number of questions that have been the subject of interpretive debate since the June 29 ruling.

The Departments of Education and Justice, which released the guidance together, encouraged colleges to thoroughly review and update their admissions policies to ensure compliance with the Supreme Court’s finding that considering race as a factor “in and of itself” was illegal.

Georgetown University Transforms Campus Energy by Tapping Global Energy Expertise

Through an innovative partnership with ENGIE, Georgetown University is set to reduce its energy use intensity 35% by 2031 and has accelerated its journey to sustainable utility operations on campus. Learn more about it in this case study.

Who Should Be Called a ‘Doctor’?

Lawmakers in Georgia recently stepped into the fray by approving a new law that strictly limits nonphysician health care providers from calling, or commercially promoting, themselves as doctors even if they hold a doctoral degree. The “Health Care Practitioners Truth and Transparency Act,” which went into effect in May, regulates how Georgia “health care practitioners” ranging from physician assistants and nurse practitioners to pharmacists, psychologists and occupational therapists, refer to themselves. It prohibits the use of “doctor” or the prefix “Dr.” by a health care provider who is not a licensed doctor of medicine (MD) or doctor of osteopathy (DO) in any advertisements. Violation of the law could result in the loss or suspension of the practitioner’s license.

Animal Welfare Noncompliance: Data and Process

As part of proper stewardship of taxpayer funds, we at NIH are obligated, both legally and ethically, to ensure the welfare and reduce risks for those involved in our supported research activities. This obligation includes research animals. Their humane care and use is something we take very seriously. We appreciate that Congress, the research community, interest groups, and other members of the public look towards us to observe this commitment. Today we are taking some time to touch upon our policies to protect animal welfare, discuss how we process reports of noncompliance, and provide resources to help recipients and researchers ensure their work involving animals is conducted appropriately.

Informed Consent Guidance for IRBs, Clinical Investigators, and Sponsors

This guidance is intended to assist institutional review boards (IRBs), clinical investigators, and sponsors in complying with FDA’s informed consent regulations for clinical investigations. This guidance supersedes FDA’s guidance entitled “A Guide to Informed Consent,” issued in September 1998, and finalizes FDA’s draft guidance entitled “Informed Consent Information Sheet,” issued in July 2014. This document is structured to first present general guidance on FDA’s regulatory requirements for informed consent and a discussion of the roles of IRBs, clinical investigators, sponsors, and FDA related to informed consent, followed by a series of frequently asked questions.

Solicitation of Nominations for Membership To Serve on the Advisory Commission on Childhood Vaccines

HRSA is seeking nominations of qualified candidates for consideration for appointment as members of the Advisory Commission on Childhood Vaccines (ACCV). ACCV advises the Secretary of HHS (the Secretary) on issues related to the implementation of the National Vaccine Injury Compensation Program (VICP).

AI Raises Complicated Questions About Authorship

Not long ago, readers who wanted access to original New York Times reporting generally had one option—access the stories via a paid subscription to the newspaper’s website or print edition. But OpenAI’s release of ChatGPT in late 2022 changed the news-consumption landscape. Now, readers can ask the bot to report on the newspaper’s (earlier) coverage, which diminishes incentives to visit its site. As a result, The New York Times is considering legal action against OpenAI, as reported by NPR. The move echoes recent open letters, social media posts and lawsuits from authors, academic publishers and others seeking to protect their intellectual property rights from generative AI tools.

Solicitation of Nominations for Appointment to the Board of Scientific Counselors, Center for Preparedness and Response

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, Center for Preparedness and Response, (BSC, CPR). The BSC, CPR consists of 11 experts in fields associated with business, crisis leadership, emergency response and management, informatics, laboratory science, medicine, mental and behavioral health, public health law, public health practice, risk communication, and social science.

Comments Due: 10/31/2023

Solicitation of Nominations for Appointment to the Lead Exposure and Prevention Advisory Committee

The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is soliciting nominations for membership on the Lead Exposure and Prevention Advisory Committee (LEPAC). The LEPAC is composed of 15 members that are Federal and non-Federal experts in fields associated with lead screening, the prevention of lead exposure, and services for individuals and communities affected by lead exposure.

Comments Due: 9/30/2023

Grant Information Circular: NASA COI Policy Updates

Through this GIC, NASA is effectuating revisions to the GCAM that implement a revised conflict of interest (COI) disclosure policy for grant and cooperative agreement recipients. …The GAO recommended that NASA update its COI policy to include non-financial conflicts, such as conflicts of commitment (COC), and document procedures for addressing and enforcing failures to disclose required information. The revised COI policy in Appendix A of this GIC only pertains to the disclosure of significant financial interests and COI. NASA will address COC in a separate policy regarding biographical sketch and current and pending support disclosure requirements at a later date.

Risks and Rewards as Higher Ed Invests in an AI Future

Higher ed funding—and a lot of it—is flowing into AI as institutions make big bets that artificial intelligence will be as universal and disruptive as the internet. Institutions across the country are spending vast sums, hiring dozens of faculty and erecting large-scale AI-focused centers.

But even as colleges and universities boldly dive into the AI deep end, industry experts and analysts are urging caution and thoughtful approaches, both for institutions rushing ahead and those at risk of being left on the sidelines.

Request for Nominations From Industry Organizations Interested in Participating in the Selection Process for Nonvoting Industry Representatives and Request for Nominations for Nonvoting Industry Representatives on the Vaccines and Related Biological Products Advisory Committee

The Food and Drug Administration (FDA or Agency) is requesting that any industry organizations interested in participating in the selection of nonvoting industry representatives to serve on the Vaccines and Related Biological Products Advisory Committee (VRBPAC) for the Center for Biologics Evaluation and Research notify FDA in writing. FDA is also requesting nominations for a nonvoting industry representative(s) to serve on the VRBPAC. A nominee may either be self-nominated or nominated by an organization to serve as a nonvoting industry representative. Nominations will be accepted for current vacancies effective with this notice.

Comments Due: 10/11/2023

Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
9/12/2023	Student Life	Todd Borst	Code of Student Conduct	8/1/2019	Revised Policy: Revisions and additions include expanding disruptive behavior, unauthorized entry into bodies of water and fountains on campus, addressing exhibition driving, and adding the option of adjudication conduct cases in the student’s absence. Also, clarification language was added regarding Interim Measures and anonymous reporting.
9/6/2023	Office of Institutional Effectiveness	Dr. Lesley Reid	Teaching Credentials Policy for UA Instructors of Record	11/1/2016	Revised Policy: Revising policy to better accommodate new types of classes and programs.

Compliance Alert – August 2023

August 23rd, 2023
in Compliance, Newsletter

Legislative Updates

SB8 To amend Section 17-14-70, Code of Alabama 1975, to provide for the reapportionment and redistricting of the state’s United States Congressional districts for the purpose of electing members at the General Election in 2024 and thereafter, until the release of the next federal census. Identical language is listed in HB6. Rejected by Senate Confirmations.

Final Rules

Partial Filling of Prescriptions for Schedule II Controlled Substances

On July 22, 2016, the Comprehensive Addiction and Recovery Act of 2016 became law. One provision of the Comprehensive Addiction and Recovery Act of 2016 amended the Controlled Substances Act to allow for the partial filling of prescriptions for schedule II-controlled substances under certain conditions. The Drug Enforcement Administration (DEA) is amending its regulations to conform to this statutory provision, as well as to provide direction on gaps not addressed by legislation. DEA will also be amending its regulations to update a cross-reference in a paragraph that will be redesignated with this final rule.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: UMC, Student Health Center and Pharmacy

Improve Tracking of Workplace Injuries and Illnesses

OSHA is amending its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA is amending its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300 and 301 to OSHA once a year. OSHA will not collect employee names or addresses, names of health care professionals, or names and addresses of facilities where treatment was provided if treatment was provided away from the worksite from the Forms 300 and 301. Establishments with 20 to 249 employees in certain industries will continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. All establishments with 250 or more employees that are required to keep records under OSHA’s injury and illness regulation will also continue to be required to electronically submit information from their Form 300A to OSHA on an annual basis. OSHA is also updating the NAICS codes used in appendix A, which designates the industries required to submit their Form 300A data, and is adding appendix B, which designates the industries required to submit Form 300 and Form 301 data. In addition, establishments will be required to include their company name when making electronic submissions to OSHA. OSHA intends to post some of the data from the annual electronic submissions on a public website after identifying and removing information that could reasonably be expected to identify individuals directly, such as individuals’ names and contact information.

Federal Agency: Occupational Safety and Health Administration, Department of Labor

Affected Area: EHS, Risk Management

Federal Preemption and Joint Federal-State Regulation and Oversight of the Department of Education’s Federal Student Loan Programs and Federal Student Loan Servicers

The U.S. Department of Education (Department) issues this final interpretation, which revises and supersedes its interpretation published on August 12, 2021 (the 2021 interpretation). This interpretation revises and clarifies the Department’s position on the legality of State laws and regulations that govern various aspects of the servicing of Federal student loans, such as preventing unfair or deceptive practices, correcting misapplied payments, or addressing refusals to communicate with borrowers. The Department concludes that these State laws are preempted by the Higher Education Act of 1965, as amended (HEA) and other applicable Federal laws only in limited and discrete respects, as further discussed in this interpretation. This interpretation will help facilitate close coordination between the Department and its State partners to further enhance both servicer accountability and borrower protections.

Federal Agency: Office of the Secretary, Department of Education

Affected Area: Student Financial Aid

Revision of the Form LM-10 Employer Report

The Office of Labor-Management Standards (OLMS) of the Department of Labor (Department) is revising the Form LM–10 Employer Report upon review of the comments received in response to its September 13, 2022, notice of proposed form revision. Under section 203 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA or the Act), employers must file a Form LM–10 Employer Report with the Department to disclose certain payments, expenditures, agreements, and arrangements. Under the revision, the Department adds a checkbox to the Form LM–10 report requiring certain reporting entities to indicate whether such entities were Federal contractors or subcontractors in their prior fiscal year, and two lines for entry of filers’ Unique Entity Identifier and Federal contracting agency or agencies, if applicable.

Federal Agency: Office of Labor-Management Standards, Department of Labor

Affected Area: HR

Pre-enforcement Notice and Conciliation Procedures

The U.S. Department of Labor publishes this final rule to modify procedures and standards the Office of Federal Contract Compliance Programs (“OFCCP” or “the agency”) uses when issuing pre-enforcement notices and securing compliance through conciliation. This final rule strengthens OFCCP’s enforcement by rescinding the evidentiary standards and definitions codified in 2020 (“the 2020 rule”), which hindered the agency’s ability to pursue meritorious cases. OFCCP is instituting a streamlined, effective, and flexible pre-enforcement and conciliation process that promotes greater consistency with Title VII of the Civil Rights Act of 1964 (“Title VII”).

Federal Agency: Office of Federal Contract Compliance Programs, Department of Labor

Affected Area: HR, EOP

Proposed Rules

Personal Protective Equipment in Construction

OSHA is proposing to revise its Personal Protective Equipment (PPE) standard for construction, at 29 CFR 1926.95(c), to explicitly state that PPE must fit properly to protect workers from workplace hazards. This revision would align the language in the PPE standard for construction with the corresponding language in OSHA’s PPE standards for general industry and maritime and affirm OSHA’s interpretation of its PPE standard for construction as requiring properly fitting PPE. Properly fitting PPE is a critical element of an effective occupational safety and health program. PPE must fit properly in order to provide adequate protection to employees. Improperly fitting PPE may fail to provide any protection to an employee, may present additional hazards, or may discourage employees from using such equipment in the workplace.

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

Affected Area: Campus Development, EHS

Comments Due: 9/18/2023

Federal Acquisition Regulation: Sustainable Procurement

DoD, GSA, and NASA are proposing to amend 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

Comments Due: 10/2/2023

This document proposes amendments to regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and proposes 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 proposed rules would amend the existing NQTL standard to prevent plans and issuers from using NQTLs to place greater limits on access to mental health and substance use disorder benefits as compared to medical/surgical benefits. As part of these changes, these proposed rules would require plans and issuers to collect and evaluate relevant data in a manner reasonably designed to assess the impact of NQTLs on access to mental health and substance use disorder benefits and medical/surgical benefits and would set forth a special rule with regard to network composition. These proposed rules would also amend existing examples and add new examples on the application of the rules for NQTLs to clarify and illustrate the protections of MHPAEA. Additionally, these proposed rules would 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 participants, beneficiaries, and enrollees. The Departments also solicit comments on whether there are ways to improve the coverage of mental health and substance use disorder benefits through other provisions of Federal law. Finally, HHS proposes 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

Comments Due: 10/2/2023

Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities

The Department of Justice (“Department”) is proposing to revise the regulation implementing title II of the Americans with Disabilities Act (“ADA”) in order to establish specific requirements, including the adoption of specific technical standards, for making accessible the services, programs, and activities offered by State and local Government entities to the public through the web and mobile apps.

Federal Agency: Civil Rights Division, Department of Justice

Affected Area: OIT, Strategic Communications

Comments Due: 10/3/2023

Clean Water Act Section 404 Tribal and State Program Regulation

The Environmental Protection Agency (EPA) is proposing the Agency’s first comprehensive revision to the regulations governing Clean Water Act (CWA) section 404 Tribal and State programs since 1988. The primary purpose of the proposed revision is to respond to longstanding requests from Tribes and States to clarify the requirements and processes for assumption and administration of a CWA section 404 permitting program for discharges of dredged and fill material. The proposed revisions would facilitate Tribal and State assumption of the section 404 program, consistent with the policy of the CWA as described in section 101(b), by making the procedures and substantive requirements for assumption transparent and straightforward. It clarifies the minimum requirements for Tribal and State programs while allowing for flexibility in how these requirements are met. In addition, the proposed rule clarifies the criminal negligence standard for both the CWA section 402 and section 404 programs. Finally, the proposed rule makes technical revisions to remove outdated references associated with the section 404 Tribal and State program regulations.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 10/13/2023

Notices

Agency Information Collection Activities; Comment Request; Report of Dispute Resolution Under Part C of the Individuals With Disabilities Education Act

The Department, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. The Department is soliciting comments on the proposed information collection request (ICR) that is described below. The Department is especially interested in public comment addressing the following issues: (1) is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

Federal Agency: Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED)

Affected Area: Office of Disability Services

Comments Due: 9/23/2023

Agency Information Collection Activities; Comment Request; Teacher Education Assistance for College and Higher Education Grant Eligibility Regulations

The College Cost Reduction and Access Act (the CCRAA), Public Law 110–84, established the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program under Part A of the Higher Education Act of 1965, as amended (the HEA). The regulations for the TEACH Grant Program are in 34 CRF 686. The following sections of the TEACH Grant regulations are included in this information collection: 686.4, 686.11, 686.32, and 686.34. This is a request for an extension of the existing burden hours in OMB Control Number 1845–0084. The regulations in 686.4 require an institution that ceases to participate or becomes ineligible to participate in the TEACH Grant program during an award year to report to the Department of Education (the Department) within 45 days after the effective date of the loss of eligibility. The regulations in 686.11 establish that in addition to meeting the student eligibility requirements, in order to receive a TEACH Grant the applicant must submit the designated application, sign a TEACH Grant agreement to serve or repay (this burden is captured under OMB Control Number 1845–0083), and enroll in a TEACH Grant eligible institution. The regulations in 686.32 require an institution to provide initial, subsequent, and exit counseling to each TEACH Grant recipient and maintain documentation substantiating the counseling requirements. The regulations in 686.34 require the institution to promptly provide written notification to a student requesting repayment of any overpayment that the institution does not have responsibility to repay. The regulations also require that the institution refer the student to the Department if the student does not take positive action to promptly resolve the TEACH Grant overpayment. In addition, in 686.34 there is conversion counseling requirements for grant recipients whose TEACH Grants are converted to Direct Unsubsidized Loans.

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

Affected Area: Student Financial Aid, College of Education

Comments Due: 9/22/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Program for International Student Assessment 2025 (PISA 2025) Main Study Recruitment and Field Test

The Program for International Student Assessments (PISA) is an international assessment of 15-year-olds, which focuses on assessing students’ reading, mathematics, and science literacy. PISA was first administered in 2000 and is typically conducted every three years. The United States has participated in all of the previous cycles and planned to participate in 2021 in order to track trends and to compare the performance of U.S. students with that of students in other education systems. PISA is sponsored by the Organization for Economic Cooperation and Development (OECD). In the United States, PISA is conducted by the National Center for Education Statistics (NCES), within the U.S. Department of Education.

Federal Agency: National Center for Education Statistics (NCES), Department of Education (ED)

Affected Area: Capstone International

Comments Due: 8/30/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Loan Discharge Application: Forgery

This is a request for an extension of the information collection for the form used to obtain information from federal student loan borrowers who allege that the loans in their name were the result of a forgery. This information is used by the Secretary to make a determination of forgery for the Direct Loans, FFEL Program Loans, and Federal Perkins Loans held by the Department. This information collection stems from the common law legal principal of forgery, which is not reflected in the Department’s statute or regulations, but with which the Department must comply.

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

Affected Area: Student Financial Aid

Comments Due: 9/13/2023

Agency Information Collection Activities: Proposed Collection; Comment Request; Fire Management Assistance Grant Program

The information collected is required for Fire Management Assistance Grant Program (FMAGP) eligibility determinations, grants management, and compliance with other Federal laws and regulations. The FMAGP was established under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C 5187, as amended by § 303 of the Disaster Mitigation Act of 2000 and authorizes the President to provide assistance to any state or local government for the mitigation, management, and control of any fire on public or private forest land or grassland that threatens such destruction as would constitute a major disaster. 44 CFR part 204 specifies the information collections necessary to facilitate the provision of assistance under the FMAGP. Additionally, the information collection is used by both FEMA Regional and State staff to facilitate the declaration request and grant administration processes of FMAGP, as well as end of year internal reporting of overall declaration requests and estimated grant outlays.

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

Affected Area: University Lands

Comments Due: 10/10/2023

Items of Interest

NSF to Launch Grant Program for Research Security Studies (ExecutiveGov)

The National Science Foundation has introduced the Research on Research Security Program to fund projects focused on identifying, preventing and diminishing research security risks. The program will accept proposals until Sept. 25, and award grants by December, NSF said Wednesday… Prior to the program’s launch, NSF will host a workshop for national and international experts to raise awareness and identify study topics for the project.

The 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.

Applications accepted on an ongoing basis.

Federal Advisory Council on Occupational Safety and Health (FACOSH), Request for Nominations

FACOSH is authorized to advise the Secretary of Labor (Secretary) on all matters relating to the occupational safety and health of Federal employees (Occupational Safety and Health Act of 1970 (29 U.S.C. 668), 5 U.S.C. 7902, Executive Orders 12196 and 13511). This includes providing advice on how to reduce and keep to a minimum the number of injuries and illnesses in the Federal workforce and how to encourage the establishment and maintenance of effective occupational safety and health programs in each Federal agency.

Comments Due: 9/22/2023

Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
8/11/2023	Human Resources	Susan Norton	Attendance Policy	8/13/2001	Revised Policy: Included language to help define attendance expectations, that employees are expected to have leave time to cover absences, unless covered by Faculty Handbook, and included wording about the necessity of communicating to supervisor about being late to work or leaving early.
8/10/2023	Equal Opportunity Programs	Beth Howard	Equal Opportunity, Non-Discrimination, and Affirmative Action Policy Statement	5/31/2017	Revised Policy: General updates and clarifications to policy.

Compliance Alert – July 2023

July 26th, 2023
in Compliance, Newsletter, Policy Update

Legislative Updates

Legislation currently under review in special session.

Final Rules

Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and William D. Ford Federal Direct Loan Program)

The Secretary is issuing updated waivers and modifications of statutory and regulatory provisions governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). The waivers and modifications in this document apply only to the national emergency declared in regard to the coronavirus disease 2019 (COVID–19) pandemic. With the termination of the COVID–19 national emergency, effective April 10, 2023, each waiver and modification identified in this document expires at the end of the award year that ends on June 30, 2023, unless otherwise noted in this document or unless it is otherwise extended by the Secretary in a document published in the Federal Register. HEROES Act waivers and modifications included in earlier documents sunset in accordance with the timeframes provided in those documents.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Reporting Theft or Significant Loss of Controlled Substances

The Drug Enforcement Administration (DEA) is publishing this final rule amending the regulations regarding DEA Form 106, used by DEA registrants to formally report thefts or significant losses of controlled substances, to require that all such forms be submitted electronically, and to clarify the time frame registrants have to complete the necessary documentation. This final rule does not change the requirement that registrants preliminarily notify the DEA Field Division Office in their area, in writing, of the theft or significant loss of any controlled substances within one business day of discovering such loss or theft. Paper copies of DEA Form 106 simply will no longer be accepted once the final rule becomes effective.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: CCHS, CCN, UAPD

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

The U.S. Department of Education issues final regulations governing income-contingent repayment plans by amending the Revised Pay as You Earn (REPAYE) repayment plan and restructuring and renaming the repayment plan regulations under the William D. Ford Federal Direct Loan (Direct Loan) Program, including combining the Income Contingent Repayment (ICR) and the Income-Based Repayment (IBR) plans under the umbrella term of “Income-Driven Repayment” (IDR) plans, and providing conforming edits to the FFEL Program.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Institutional Eligibility Under the Higher Education Act of 1965, as Amended; Student Assistance General Provisions; Federal Perkins Loan Program; Federal Family Education Loan Program; and William D. Ford Federal Direct Loan Program; Corrections

On November 1, 2022, the Department of Education (Department) published in the Federal Register final regulations relating to loans under the Federal Perkins Loan (Perkins) Program, the Federal Family Education Loan (FFEL) Program and the William D. Ford Federal Direct Loan (Direct Loan) Program. This document corrects technical errors in the regulations and preamble. This document does not contain any substantive changes to the regulations.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Grants, Contracts, and Other Agreements: Fraud and Abuse; Information Blocking; Office of Inspector General’s Civil Money Penalty Rules

This final rule amends the civil money penalty (CMP) regulations of the Department of Health and Human Services (HHS) Office of Inspector General (OIG) to: incorporate new CMP authority for information blocking; incorporate new authorities for CMPs, assessments, and exclusions related to HHS grants, contracts, other agreements; and increase the maximum penalties for certain CMP violations.

Federal Agency: Office of Inspector General (OIG), Department of Health and Human Services (HHS)

Affected Area: OSP, ORED

Proposed Rules

Health and Human Services Grants Regulation

This is a notice of proposed rulemaking (NPRM) to repromulgate and revise certain regulatory provisions of the HHS, Uniform Administrative Rule Requirements, Cost Principles, and Audit Requirements for HHS Awards, previously set forth in a final rule published in the Federal Register .

Federal Agency: Office for Civil Rights (OCR), Office of the Assistant Secretary for Financial Resources (ASFR), Department of Health and Human Services (HHS)

Affected Area: OSP, ORED

Comments Due: 9/11/2023

Notices

2023-2024 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, the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program, and the Iraq and Afghanistan Service 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 2023–2024 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.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application for the Language Resource Centers (LRC) Program (1894-0001)

The Language Resource Centers program provides grants to institutions of higher education to establish, strengthen, and operate national language resource and training centers for improving the nation’s capacity for teaching and learning foreign languages through teacher training, research, instructional materials development, and dissemination projects. This program responds to the ongoing national need for individuals with expertise and competence in world languages; advance national security by developing a pipeline of highly proficient linguists; and contribute to developing a globally competent workforce able to engage with a multilingual/multicultural clientele at home and abroad.

Federal Agency: Department of Education

Affected Area: Capstone International, Foreign Languages

Agency Information Collection Activities; Comment Request; Federal Direct Loan Program and Federal Family Education Loan Program Teacher Loan Forgiveness Forms

Sections 460 and 428J of the Higher Education Act of 1965, as amended (HEA) provide for teacher loan forgiveness in William D. Ford Federal Direct Loan (Direct Loan) Program and the Federal Family Education Loan (FFEL) Program. Borrowers who teach for five consecutive years at schools or educational service agencies serving low-income families and meet certain other requirements may receive up to $17,500 in loan forgiveness. The teacher loan forgiveness regulations at 34 CFR 685.217 (for the Direct Loan Program) and 34 CFR 682.216 (for the FFEL Program) require borrowers to provide their loan holders with documentation establishing their eligibility for teacher loan forgiveness and for teacher loan forgiveness forbearance. The U.S. Department of Education (ED) is requesting an extension of the currently approved forms. To reflect regulatory changes made by a final rule published on November 1, 2022 (87 FR 65904), we have updated language related to the capitalization of unpaid interest that accrues during periods of forbearance. ED is otherwise making no substantive changes to the language in either of the two currently approved forms, and there are no changes to the data elements.

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

Affected Area: Student Financial Aid

Comments Due: 8/21/2023

Agency Information Collection Activities; Comment Request; Teacher Education Assistance for College and Higher Education Grant Program Obligation To Repay Grant Regulations

The TEACH Grant Program provides grants of up to $4,000 per year to undergraduate and graduate students who are completing, or who intend to complete, coursework necessary to begin a career in teaching. In exchange for receiving a TEACH Grant, a grant recipient must agree to complete a teaching service obligation and must regularly provide documentation of his or her progress toward satisfying the service obligation. If a grant recipient fails to complete the service obligation or does not meet requirements for documenting the service obligation, the TEACH Grants that the individual received are converted to a Direct Unsubsidized Loan that must be repaid, with interest charged from the date of each TEACH Grant disbursement.

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

Affected Area: Student Financial Aid

Comments Due: 8/21/2023

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

The National Institute of Standards and Technology seeks comments on the Draft NIST Plan for Providing Public Access to the Results of Federally Funded Research. NIST 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. The NIST Public Access Plan applies to the results of research funded wholly or in part by NIST, presented in peer-reviewed scholarly publications and as research data. This document outlines NIST’s plan for implementing new requirements to manage the public access of scientific data and publications. Public comments received on the NIST Public Access Plan will inform NIST as it revises its existing directives to implement the updated Plan.

Federal Agency: National Institute of Standards and Technology, Department of Commerce

Affected Area: ORED

Comments Due: 8/14/2023

Agency Information Collection Activities; Comment Request; Direct Loan, FFEL, Perkins and TEACH Grant Total and Permanent Disability Discharge Application and Related Forms

The Department of Education (Department) requested emergency processing for this revision of the information collection, 1845–0065, Total and Permanent Disability (TPD) Discharge Application and Related Forms; and therefore, is requesting the 60-day public comment period for the full ICR. The regulations governing TPD discharges of Federal student loans and TEACH Grant service obligations are contained in 34 CFR 685.213 for the Direct Loan Program, 34 CFR 682.402(c) for the FFEL Program, 34 CFR 674.61(b) for the Perkins Loan Program, and 34 CFR 686.42(b) for the TEACH Grant Program. A final rule published on November 1, 2022 (87 FR 65904) made changes to the TPD discharge regulations, including an expansion of the types of SSA disability determinations that qualify a borrower or TEACH Grant recipient for TPD discharge; elimination of the requirement for borrowers who receive TPD discharges based on SSA determinations or a physician’s certification to provide documentation of their annual earnings from employment during the 3-year post-discharge monitoring period; and expansion of the categories of medical professionals who may certify an individual’s TPD discharge application which necessitate the revision of this information collection.

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

Affected Area: Student Financial Aid

Comments Due: 9/8/2023

Agency Information Collection Activities; Comment Request; Loan Discharge Applications (DL/FFEL/Perkins)

The Department of Education (Department) requested emergency processing for this revised information collection, 1845–0058; and therefore, is requesting the 60-day public comment period for the full ICR. The Higher Education Act of 1965, as amended (HEA), established the Federal Family Education Loan (FFEL) Program, the William D. Ford Federal Direct Loan (Direct Loan) Program, and the Federal Perkins (Perkins) Loan programs under title IV, parts B, D, and E, respectively. Section 437(c)(1) of the HEA authorizes the discharge of a FFEL or Direct Loan program loan borrower’s obligation to repay their loan(s) based on school closure or false certification of student eligibility. Section 464(g)(1) of the HEA authorizes the discharge of a Perkins Loan Program loan based on school closure. The Department published a final rule on November 1, 2022 (87 FR 65904) that made significant changes to the regulations governing loan discharge based on school closure and false certification.

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

Affected Area: Student Financial Aid

Comments Due: 9/8/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application for the International Research and Studies (IRS) Program (1894-0001)

This information collection (OMB 1840–0795) includes application instructions and forms for the International Research and Studies (IRS) Program (CFDA Number 84.017), authorized under title VI of the Higher Education Act of 1965, as amended (20 U.S.C. 1125). The program provides grants to institutions, public and private agencies, organizations, and individuals to conduct research and studies to improve and strengthen instruction in modern foreign languages, area studies, and other international fields.

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

Affected Area: Capstone International, ORED, OAA

Comments Due: 8/7/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2023-24 National Postsecondary Student Aid Study (NPSAS:24) Full-Scale Study-Institution Contacting and List Collection

Since 1987, NPSAS has been fielded every 2 to 4 years, most recently during the 2019–20 academic year (NPSAS:20). NPSAS:24 will be nationally-representative. The NPSAS:24 sample size will include about 2,000 institutions from which will be sampled 137,000 nationally representative undergraduate and 25,000 nationally representative graduate students who will be asked to complete a survey and for whom we will collect student records and administrative data. Also, NPSAS:24 is scheduled to serve as the base year for the 2024 cohort of the Baccalaureate and Beyond (B&B) Longitudinal Study, but no funding is available to field follow-up surveys. In the event Congress appropriates additional funds, the NPSAS:24 sampling design will include a nationally representative sample of students who will complete requirements for the bachelor’s degree during the NPSAS year ( i.e., completed at some point between July 1, 2023, to June 30, 2024). Subsets of questions in the student survey will focus on describing aspects of the experience of students in their last year of postsecondary education, including student debt, education experiences, and preparation activities for those planning to teach at the pre-K through 12th grade level.

Federal Agency: National Center for Education Statistics (NCES), Department of Education (ED)

Affected Area: OAA

Comments Due: 8/10/2023

Agency Information Collection Activities; Comment Request; Teacher Education Assistance for College and Higher Education Grant Program (TEACH Grant) Agreement To Serve or Repay

The U.S. Department of Education is requesting a revision of the TEACH Grant Agreement currently approved under OMB No. 1845–0083. The Consider Teachers Act of 2021 (Pub. L. 117–49) made certain changes to the provisions governing the TEACH Grant Program in section 420N of the HEA, one of which was to replace the previous requirement for a TEACH Grant recipient to comply with the requirements for being a highly qualified teacher as defined in section 9101 of the Elementary and Secondary Education Act of 1965 with a requirement for the recipient to meet all state certification requirements for teaching (which may include meeting such requirements through certification obtained through alternative routes to teaching). To reflect this statutory change, we have modified the Agreement by replacing all references to the highly qualified teacher requirement with the new requirement and removing the definition of “highly qualified teacher.” We have also updated the section of the Agreement that describes the terms and conditions of Direct Unsubsidized Loans to reflect certain changes to the Direct Loan Program regulations that were made by a final rule published in the Federal Register on November 1, 2022 (87 FR 65904). In addition to making these updates to reflect statutory and regulatory changes, we have made minor, non-substantive wording changes in several places throughout the Agreement for greater clarity.

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

Affected Area: Student Financial Aid

Comments Due: 9/11/2023

Agency Information Collection Activities; Comment Request; Teacher Education Assistance for College and Higher Education Grant Program (TEACH Grant Program) Service Obligation Certification and Suspension Request Forms

The U.S. Department of Education (the Department) is requesting a revision of the Teacher Education Assistance for College and Higher (TEACH) Grant Certification of Qualifying Teaching (Certification), and five Service Obligation Suspension Requests (Suspension Requests) currently approved under Office of Management and Budget (OMB) No. 1845–0158. Under conditions that are specified in the TEACH Grant Program regulations, a grant recipient may request and receive a temporary suspension of the eight-year period for completing the service obligation, and a grant recipient who is subject to an extended call to active-duty military service may receive a discharge of some or all of the four-year service obligation. The requested revision to the information collection does not change the current number of respondents, responses, or burden hours. The only substantive proposed change is in the Certification. We have also made a minor conforming change in the TEACH Grant Service Obligation Suspension Request: Enrollment in a Qualifying Program or Completing Teacher Licensure Requirements form and minor formatting change to the TEACH Grant Service Obligation Suspension/Discharge Request: Military Service. We are otherwise proposing no substantive changes to the Certification and Suspension forms included with this submission.

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

Affected Area: Student Financial Aid

Comments Due: 9/11/2023

Update to the Department of Homeland Security STEM Designated Degree Program List

This notice announces that the Secretary of Homeland Security (Secretary) is amending the DHS STEM Designated Degree Program List by adding eight qualifying fields of study and a corresponding Department of Education Classification of Instructional Programs (CIP) code for each. No CIP codes from the existing list are being removed. The list is used to determine whether a degree obtained by certain F–1 nonimmigrant students following the completion of a program of study qualifies as a science, technology, engineering, or mathematics (STEM) degree as determined by DHS, as required for the F–1 student to be eligible to apply for a 24-month extension of their post-completion optional practical training (OPT).

Federal Agency: U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS)

Affected Area: OAA

Items of Interest

Letter Peer Review; 2023 White Paper on the Quantitative Human Health Approach To Be Applied in the Risk Evaluation for Asbestos Part 2; Request for Nominations of Expert Reviewers

The Environmental Protection Agency (EPA or “Agency”) is seeking public nominations of scientific and technical experts to review the “2023 White Paper on the Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2.” The white paper will be released for public review and comment in late July 2023 and subsequently submitted for letter peer review. EPA currently anticipates selecting approximately 10–15 expert reviewers and plans to make a list of candidates under consideration as prospective letter reviewers for this review available for public comment by early August 2023.

Comments Due: 7/24/2023

Request for Nominations to the National Environmental Youth Advisory Council

The U.S. Environmental Protection Agency (EPA) invites applications from a diverse range of qualified candidates to be considered for appointment to the National Environmental Youth Advisory Council. Approximately sixteen vacancies are expected to be filled by December 2023. For appointment consideration, nominations should be submitted by August 22, 2023. Sources in addition to this Federal Register notice may also be utilized in the solicitation of nominees.

Request for Membership Nominations for the Advisory Committee on Apprenticeship (ACA)

The Acting Secretary of Labor (Secretary) has determined that the renewal of the Advisory Committee on Apprenticeship (hereinafter ACA or Committee) was necessary and in the public interest. The Department of Labor re-established the ACA Charter in 2021, and recently renewed its Charter, with revisions, on May 11, 2023. The Acting Secretary of Labor is now requesting nominations of qualified candidates to be considered for appointment to the ACA for the 2023–2025 membership term.

Comments Due: 7/29/2023

Pesticide Program Dialogue Committee; Request for Nominations to the Pesticide Program Dialogue Committee

The Environmental Protection Agency’s (EPA’s) Office of Pesticide Programs is inviting nominations from a diverse range of qualified candidates to be considered for appointment to the Pesticide Program Dialogue Committee (PPDC). The PPDC is chartered to provide policy advice, information, and recommendations to the EPA on a wide variety of pesticide regulatory developments and reform initiatives, evolving public policy, and program implementation issues associated with evaluating and reducing risks from pesticide use. To maintain the representation outlined by the charter, nominees will be selected to represent: environmental/public interest and animal rights groups; farm worker organizations; pesticide industry and trade associations; pesticide user, grower, and commodity groups; federal/state/local and tribal governments; academia; and public health organizations. Vacancies are expected to be filled by December 2023. Sources in addition to this Federal Register Notice may be utilized in the solicitation of nominees.

Comments Due: 8/10/2023

Solicitation of Nominations for Membership To Serve on the Advisory Committee on Organ Transplantation

HRSA is seeking nominations of qualified candidates to be considered for appointment as members of the Advisory Committee on Organ Transplantation (ACOT or Committee). ACOT provides advice and recommendations to the Secretary of HHS (Secretary) on proposed Organ Procurement and Transplantation Network policies and such other matters as the Secretary determines. The Secretary also may seek the advice of the Committee on other proposed policies.

Solicitation of Nominations for Appointment to the Board of Scientific Counselors, National Center for Injury Prevention and Control

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 Center for Injury Prevention and Control (BSC, NCIPC). The BSC, NCIPC consists of up to 18 experts in pertinent disciplines involved in injury and violence prevention.

Comments Due: 9/15/2023

Technical Mapping Advisory Council

The Federal Emergency Management Agency (FEMA) is requesting qualified individuals interested in serving on the Technical Mapping Advisory Council (TMAC) apply for appointment. The TMAC, as established in the Biggert-Waters Flood Insurance Reform Act of 2012, makes recommendations to the FEMA Administrator on how to improve, in a cost-effective manner, the accuracy, general quality, ease of use, distribution, and dissemination of Flood Insurance Rate Maps (FIRMs) and risk data; and to define performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States. The appointments are for 3 years each and applicants will be considered for three vacancies on the TMAC.

Comments Due: 8/28/2023

Introducing TIAA TMRW

TIAA TMRW is a new publication focused on the biggest retirement issues facing employers, employees and the consultants serving them all. You’ll get insight from TIAA and other industry leaders, and we want to reflect your voice as well. Subscribe now to get future issues.

COGR Releases “Aggregated Regulatory Requirements Impacting Federally Funded Research Since 1991” (1991 Regulatory List Update)

Aggregated Regulatory Requirements Impacting Federally Funded Research Since 1991 (Updated June 28, 2023)

Policies

Posting Date	Department	Contact	Name	Effective Date	Summary
6/29/2023	Human Resources	Susan Norton	Staff Supplemental Compensation Policy	8/15/2013	Revised Policy: Language added to clarify the intent of the policy and updated policy references.
7/5/2023	Shared Administrative Services	Alexandria Taylor	Student Mailbox Service Policy	9/21/2022	Revised Policy: Updating the policy to include language for package fees for off-campus students that will be implemented in June 2023.

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.

Policy Update – June 2023

June 26th, 2023
in Newsletter, Policy Update

Posting Date	Department	Contact	Name	Effective Date	Summary
5/26/2023	Environmental Health and Safety	Juliette Commodore Botoklo	Chemical Hygiene Policy	5/26/2023	New Policy: The purpose of this policy is to ensure compliance with federal, state, and local laws and regulations regarding the use of hazardous materials on University of Alabama (“University”) property, with a specific focus on laboratory spaces, and to promote the safe operation of the University’s teaching and research laboratories.
5/26/2023	Environmental Health and Safety	Juliette Commodore Botoklo	Safety Training Policy	5/26/2023	New Policy: The purpose of The University of Alabama Safety Training Program and Policy is to provide employees and students with general knowledge and information necessary for the individual 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 places the University in a state of non-compliance with various safety regulations.
5/26/2023	Environmental Health and Safety	B.J. Diltz	Stormwater Management Policy	5/26/2023	New Policy: The purpose of this policy is to ensure The University of Alabama (“University”) manages its stormwater runoff in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit ALR040000 (“Permit”), or subsequent permits, and the University’s Stormwater Management Plan. The University’s Stormwater Management Policy will govern the University’s Stormwater Management Program. This Policy guides the University in administering the requirements and procedures of the Permit as required of the University and as administered by the Alabama Department of Environmental Management (ADEM). This policy is to provide for and promote compliance by the University with federal, state, and local laws governing the discharge of pollutants from the Municipal Separate Storm Sewer System (MS4) and to provide for and promote compliance with the NPDES stormwater program and the University’s related permit(s). Ultimately, it is the responsibility of all members of the University to protect our waterways, including without limitation, protection of our MS4 and campus stormwater.
5/2/2023	Research and Economic Development	Collin Rich	Export Controls Policy	1/1/2020	Revised Policy: A new office has been created for overall export control compliance on UA’s campus. The Research Compliance for Export Control is being housed within this new office with a new Contact person.

Compliance Alert – June 2023

June 26th, 2023
in Compliance, Newsletter

Legislative Updates

Legislation passed and adopted this Legislative session.

HB152 Relating to public institutions of higher education; to add Section 16-22-1.1 to the Code of Alabama 1975; to authorize public institutions of higher education that employ campus police officers to also employ reserve police officers; and to specify the qualifications and duties of reserve campus police officers.

HB261 Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm as a result of a violation of this act.

SB67 Relating to the Alabama National Guard; to amend Sections 31-10-2, 31-10-3, and 31-10-4.1, Code of Alabama 1975, relating to educational benefits for qualified active members; to limit the amount of private tuition reimbursed to eligible guard members to the highest tuition of any public institution in the state; to clarify the law relating to stackable undergraduate credentials; and to repeal Article 2, commencing with Section 31-10-20, of Chapter 10 of Title 31 of the Code of Alabama 1975, relating to supplemental educational assistance benefits.

SB87 To make supplemental appropriations for the fiscal year ending September 30, 2023, from the Education Trust Fund to various agencies and entities a total amount of $2,787,667,309.

SB101 To amend Sections 29-9-2, 29-9-3, and 29-9-4, Code of Alabama 1975, as last amended by Acts 2022-139 and 2022-358 of the 2022 Regular Session, relating to the Education Trust Fund Rolling Reserve Act, to provide additional definitions; to provide further for annual Education Trust Fund appropriations; to provide further for the distribution of revenues received in excess of appropriations; to create the Educational Opportunities Reserve Fund and provide for the funding and appropriations from the fund; and to repeal obsolete Section 29-9-2.1 of the Code of Alabama of 1975.

SB175 To establish the ReEngage Alabama Grant Program; to provide grant award payments to eligible adult learners; to provide eligibility standards, and to provide for administration by the Alabama Commission on Higher Education.

SB176 To create the Students Right to Know Act of 2023; to require the Alabama Commission on Higher Education to collect data and create an interactive online tool for students for use in making informed decisions relating to education and professions; and to require the commission and Workforce Division of the Department of Commerce to share data and information as necessary to comply with this act.

Final Rules

Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

The DEA, jointly with the Substance Abuse and Mental Health Services Administration (SAMHSA), is issuing this temporary rule to extend certain exceptions granted to existing DEA regulations in March 2020 as a result of the COVID–19 Public Health Emergency (COVID–19 PHE), in order to avoid lapses in care for patients. Ultimately, there will be a final set of regulations permitting the practice of telemedicine under circumstances that are consistent with public health, safety, and effective controls against diversion.

Federal Agency: Drug Enforcement Administration, Department of Justice; Substance Abuse and Mental Health Services Administration, Department of Health and Human Services.

Affected Area: CCHS

Federal Acquisition Regulation; Federal Acquisition Circular 2023-04; Introduction

This interim rule amends the Federal Acquisition Regulation to implement the prohibition on having or using the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited (“covered application”). The rule prohibits the presence or use of a covered application on information technology, including certain equipment used by Federal contractors. This prohibition applies to devices regardless of whether the device is owned by the Government, the contractor, or the contractor’s employees ( e.g., employee-owned devices that are used as part of an employer bring your own device (BYOD) program). A personally-owned cell phone that is not used in the performance of the contract is not subject to the prohibition.

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

Affected Area: OIT, CERA

Federal Acquisition Regulation: Prohibition on a ByteDance Covered Application

This interim rule implements section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the No TikTok on Government Devices Act, and its implementing guidance under OMB Memorandum M–23–13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance. The rule revises the FAR to implement the prohibition on having or using the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited (“covered application”). This prohibition applies to the presence or use of any covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the contractor under a contract, including equipment provided by the contractor’s employees, unless an exception is granted in accordance with Office of Management and Budget (OMB) Memorandum M–23–13.

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

Affected Area: OIT, CERA

Proposed Rules

Financial Value Transparency and Gainful Employment (GE), Financial Responsibility, Administrative Capability, Certification Procedures, Ability to Benefit (ATB)

The Secretary is proposing new regulations to promote transparency, competence, stability, and effective outcomes for students in the provision of postsecondary education. Using the terminology of past regulatory proposals, these regulations seek to make improvements in the areas of gainful employment (GE); financial value transparency; financial responsibility; administrative capability; certification procedures; and Ability to Benefit (ATB).

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: College of Education

Comments Due: 6/20/2023

Assistance to States for the Education of Children With Disabilities

The Secretary proposes to amend regulations under Part B of the Individuals with Disabilities Education Act (Part B of IDEA or the Act) that govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants program. Specifically, the Secretary proposes to amend the IDEA Part B regulations to remove the requirement for public agencies to obtain parental consent prior to accessing for the first time a child’s public benefits or insurance ( e.g., Medicaid, Children’s Health Insurance Program (CHIP)) to provide or pay for required IDEA Part B services. As there are no comparable consent requirements prior to accessing public benefits for children without disabilities, the removal of this consent requirement would align public benefits consent requirements for children with disabilities to those for children without disabilities and ensure equal treatment of both groups of children.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: College of Education, OAA

Comments Due: 8/1/2023

Medication Guides: Patient Medication Information

The Food and Drug Administration (FDA, the Agency, or we) is proposing to amend its human prescription drug product labeling regulations for Medication Guides (FDA-approved written prescription drug product information distributed to patients). This action, if finalized, will require applicants to create a new type of Medication Guide, referred to as Patient Medication Information (PMI), for prescription drug products, including biological products, used, dispensed, or administered on an outpatient basis and for blood and blood components transfused in an outpatient setting. PMI would be a one-page document with standardized format and content that would be submitted to FDA for approval. This proposed rule is intended to improve public health by providing patients with clear, concise, accessible, and useful written prescription drug product information delivered in a consistent and easily understood format to help patients use their prescription drug products safely and effectively.

Federal Agency: Food and Drug Administration, HHS

Affected Area: CCHS

Comments Due: 11/27/2023

Notices

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Borrower Defense to Loan Repayment Universal Forms

The Department of Education (the Department) amends the William D. Ford Federal Direct Loan (Direct Loan) Program regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement a new regulation in § 685.400 et seq. —Borrower Defense to Repayment. These final regulations are a result of negotiated rulemaking and will add new requirements to the current regulations. These final regulations require the collection of this information from borrowers who believe they qualify for a borrower defense to repayment discharge, as permitted under section 455(h) of the HEA. This request is to revise the currently approved information collection 1845–0163 to incorporate the new regulatory requirements and forms. Based on public comment, there have been changes made to the forms and times for completion.

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

Affected Area: Student Financial Aid

Comments Due: 6/16/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Grant Application Form for Project Objectives and Performance Measures Information

The U.S. Department of Education Grant Application Form for Project Objectives and Performance Measures Information serves as a precursor to the U.S. Department of Education Grant Performance Report Form (ED 524 B) in which project objectives, measures, and targets will be entered by applicants at the time that grant applications are entered in Grants.gov. The Grant Application Form for Project Objectives and Performance Measures Information form and instructions are used by many ED discretionary grant programs to enable grantees to meet ED deadline dates for submission of performance reports to the Department.

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

Affected Area: OSP

Comments Due: 6/21/2023

Agency Information Collection Activities; Comment Request; Special Education-Individual Reporting on Regulatory Compliance Related to the Personnel Development Program’s Service Obligation

The Office of Special Education Program’s Personnel Development Program aims to increase the supply of qualified personnel in the field of special education. The program awards competitive grants to Institutions of Higher Education to support scholars who are preparing to provide special education and related services to children and youth with disabilities. Scholars who receive funding agree to work in the field of special education or related services for two years for each year of support they receive.

The Personnel Development Program Data Collection System collects data from grantees, scholars, and employers who verify that scholars are employed in the field of special education or related services. This data collection serves three program needs. First, data from grantees, scholars, and employers are necessary to assess the performance of the Personnel Development Program on its performance measures. Second, data from all three sources are necessary to determine if scholars comply with the service obligation requirements. Finally, project-specific performance data are collected from grantees for project monitoring and program improvement.

Federal Agency: Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED)

Affected Area: College of Education

Comments Due: 7/24/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Underground Storage Tank Finder Application (Renewal)

The EPA recently developed the Underground Storage Tank (UST) Finder application (hereafter “UST Finder”). UST Finder is a publicly available web map application containing a comprehensive, state- sourced national map of UST and leaking underground storage tank (LUST) data. UST Finder is available via EPA’s GeoPlatform at https://gispub.epa.gov/ustfinder. UST Finder provides users access to information on the attributes and locations of active and closed USTs, UST facilities, and LUSTs in states in a geographic information system (GIS) environment. This information collection relates to information that state and territorial agencies already collect from UST and LUST owners and operators as part of their customary business practice to manage their compliance and enforcement programs. To successfully implement, maintain, and improve the data quality and usability of UST Finder, the Agency seeks to gather, on a voluntary basis, information from state and territorial agencies that oversee UST/LUST programs. Specifically, EPA will request that these agencies provide location and other relevant data about USTs and LUSTs that is already being collected and managed by states and territories.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 6/23/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application Forms and Instructions for the Fulbright-Hays Training Grants: Doctoral Dissertation Research Abroad (CFDA Number 84.022A) and Faculty Research Abroad (CFDA Number 84.019A)

This information collection is a revision, the purpose of which is to make changes to the DDRA and FRA applications to be consistent with an NPRM to amend the programs’ regulations. The programs’ applications must be updated to reflect the regulatory changes relating to the programs’ selection criteria in CFR part 662.21(c)(3) and 663.21(c)(3). These amendments will result in a change in DDRA student respondents and hour burden. The purpose of Section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 (Fulbright-Hays Act) is to promote and develop modern foreign language training and area studies throughout the educational structure of the United States. To help accomplish this objective, fellowships are awarded through US institutions of higher education to American faculty and dissertation students enabling them to conduct overseas research and enhance their foreign language proficiency. Under the Fulbright-Hays Doctoral Dissertation Research Abroad (DDRA) and the Fulbright-Hays Faculty Research Abroad (FRA) programs, individual scholars apply through eligible institutions for an institutional grant to support the research fellowship. These institutions administer the program in cooperation with the US Department of Education (US/ED) as provided under the authority of Sections 102(b)(6) and 104(e)(1) of the Mutual Educational and Cultural Exchange Act of 1961, 34 CFR parts 662, and the Policy Statements of the J. William Fulbright Foreign Scholarship Board (FSB).This collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1894–0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection.

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

Affected Area: Capstone International

Comments Due: 6/26/2023

Community Disaster Resilience Zones and the National Risk Index

The Federal Emergency Management Agency (FEMA) is issuing this notice and request for information (RFI) to seek input from the public on implementation of the Community Disaster Resilience Zones Act of 2022, including updates to the methodology and data used for the National Risk Index and any other hazard assessment products; potential improvements to FEMA’s provision of hazard data; the process used to designate community disaster resilience zones; financial and technical assistance for resilience or mitigation projects primarily benefitting community disaster resilience zones; and the community disaster resilience zone project application and certification process.

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

Affected Area: Emergency Management

Comments Due: 7/25/2023

Request for Public Comment; National Human Trafficking Prevention Framework

This notice informs the public of the opportunity to provide input on the U.S. Department of Health and Human Services’ (HHS) National Human Trafficking Prevention Framework (Framework), which contains strategies and approaches to prevent human trafficking and its recurrence while increasing capacity to identify and reduce harm caused by human trafficking. HHS will consider this input as it updates the Framework. The draft Framework is available at https://www.acf.hhs.gov/otip.

Federal Agency: Office on Trafficking in Persons, Administration for Children and Families, U.S. Department of Health and Human Services

Affected Area: UAPD

Comments Due: 6/9/2023

Privacy Act of 1974; Matching Program

By matching the names, dates of birth, and Social Security Number (SSNs) in the DFB/DPFD database with ED’s student financial aid records, ED is able to identify students who do not qualify for Federal student financial assistance pursuant to section 5301. DOJ’s system of records also contains information concerning the specific program or programs for which benefits have been denied, as well as the period of ineligibility. DOJ will make available for the CMA the records of only those individuals who have been denied Federal benefits under one or more of the title IV, HEA programs. Thus, ED avoids the cost of disbursing student financial assistance funds to individuals who do not qualify for Federal student financial assistance, but who would otherwise receive aid had the CMA not existed.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid, CERA

Comments Due: 7/05/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Federal Work Study (FWS) Wages for Student Aid Index

This new collection will be used to gather information available to participating institutions of higher education (IHE) which is required to fully calculate eligibility for title IV student financial aid for applicants under the Higher Education Act of 1965, as amended (HEA). The FAFSA Simplification Act (Pub. L. 116–260) introduced a change to the manner in which the Department of Education (ED) may obtain the amount of income an applicant has earned from work under the Federal Work Study (FWS) Program, for the purposes of calculating the applicant’s student aid index (SAI) and determine their eligibility for certain title IV aid. Pursuant to section 483(a)(2)(F) of the FAFSA Simplification Act, ED is required to collect an applicant’s income earned under the FWS program from the IHE participating in the FWS program and can no longer add additional questions to the FAFSA to obtain this information from the FAFSA applicant.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 7/12/2023

Notice of Summer Subsistence Allowance Increase for the Foreign Language and Area Studies Fellowship Program for Fiscal Year 2023

FLAS Fellowship Subsistence Allowances: In FY 2021, the Department published a notice soliciting applications for the FLAS Program (86 FR 71466). That notice established the subsistence allowance for a graduate student academic year fellowship at $20,000; the subsistence allowance for an undergraduate student academic year fellowship at $5,000; and the subsistence allowance for a summer fellowship at $2,500 for graduate and undergraduate students.

In accordance with 34 CFR 657.31(b)(1), the Department is publishing this notice to increase the subsistence allowance amount for a summer session to $3,500 per fellow.

Federal Agency: Department of Education

Affected Area: Student Financial Aid, OAA

Comments Due: 6/12/2023

Items of Interest

Solicitation of Nominations for Appointment to the Advisory Committee on Immunization Practices (ACIP)

The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the ACIP. The ACIP consists of up to 20 experts in fields associated with immunization practices and public health, use of vaccines and other immunobiologic agents in clinical practice or preventive medicine, clinical or laboratory vaccine research, assessment of vaccine efficacy and safety, or have knowledge about consumer perspectives and/or social and community aspects of immunization programs.

Comments Due: 8/1/2023

Compliance Alert – May 2023

May 25th, 2023
in Newsletter

Legislative Updates

Legislation that is currently under review by either the House or Senate in the State of Alabama. This legislation has not been finalized.

HB7 Relating to education; to provide prohibitions on the promotion, endorsement, and affirmation of certain divisive concepts in certain public settings; and to authorize certain penalties for violation. Read second time in house of origin.

HB27 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to remove Jefferson Davis’ birthday and add State Employee Appreciation Day as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. To House State Government Committee.

HB261 & SB211 Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm as a result of a violation of this act. Read a third time and passed as amended for HB261 and sent to Senate Education Policy Committee for SB 211.

HB265 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to add Juneteenth as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. Introduced and referred to House State Government.

HB331 Relating to employment, to amend Section 25-1-30, Code of Alabama 1975, to prohibit an employer from requesting the wage history of a prospective employee except under certain circumstances. Referred to House Commerce and Small Business

HB361 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to remove Confederate Memorial Day as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. Introduced and referred to House State Government

HB427 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to add Juneteenth as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. Carry over by House State Government

SB87 To make supplemental appropriations for the fiscal year ending September 30, 2023, from the Education Trust Fund to various agencies and entities a total amount of $2,787,667,309. To House Ways and Means Education Committee

Final Rules

Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications

Federal Agency: Drug Enforcement Administration, Department of Justice; Substance Abuse and Mental Health Services Administration, Department of Health and Human Services.

Affected Area: UMC, UAPD

Proposed Rules

HIPAA Privacy Rule To Support Reproductive Health Care Privacy

The Department of Health and Human Services (HHS or “Department”) is issuing this notice of proposed rulemaking (NPRM) to solicit comment on its proposal to modify the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act). The proposal would modify existing standards permitting uses and disclosures of protected health information (PHI) by limiting uses and disclosures of PHI for certain purposes where the use or disclosure of information is about reproductive health care that is lawful under the circumstances in which such health care is provided. The proposal would modify existing standards by prohibiting uses and disclosures of PHI for criminal, civil, or administrative investigations or proceedings against individuals, covered entities or their business associates (collectively, “regulated entities”), or other persons for seeking, obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided.

Federal Agency: Office for Civil Rights (OCR), Office of the Secretary, Department of Health and Human Services

Affected Area: CERA, HIPAA Covered Entities

Comments Due: 6/16/2023

Notices

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Survey of Postgraduate Employment for the Foreign Language and Area Studies (FLAS) Fellowship Program

The Foreign Language and Area Studies (FLAS) Fellowships program is authorized by 20 U.S.C. 1121(b) and provides allocations of academic year and summer fellowships to institutions of higher education or consortia of institutions of higher education to assist meritorious undergraduate and graduate students undergoing training in modern foreign languages and related area or international studies. This information collection is a survey of FLAS fellows required by 20 U.S.C. 1121(d) which states “The Secretary shall assist grantees in developing a survey to administer to students who have completed programs under this subchapter to determine postgraduate employment, education, or training. All grantees, where applicable, shall administer such survey once every two years and report survey results to the Secretary.” There is an increase in the number of respondents for this collection, which is the result of transitioning from a cross-sectional to a longitudinal survey.

Federal Agency: Department of Education

Affected Area: Academic Affairs

Comments Due: 5/22/2023

Increase in Maximum Tuition and Fee Amounts Payable Under the Post-9/11 GI Bill

The purpose of this notice is to inform the public of the increase in the Post-9/11 GI Bill maximum tuition and fee amounts payable and the increase in the amount used to determine an individual’s entitlement charge for reimbursement of a licensing, certification, or national test for the 2023–2024 academic year (AY), effective August 1, 2023 through July 31, 2024.

Federal Agency: Department of Veterans Affairs

Affected Area: Student Financial Aid

Annual Updates to the Income-Contingent Repayment (ICR) Plan Formula for 2023-William D. Ford Federal Direct Loan Program

The Secretary announces the annual updates to the ICR plan formula for 2023 to give notice to borrowers and the public regarding how monthly ICR payment amounts will be calculated for the 2023–2024 year under the William D. Ford Federal Direct Loan (Direct Loan) Program, Assistance Listing Number 84.063.

Federal Agency: Department of Veterans Affairs

Affected Area: Student Financial Aid

Agency Information Collection Activities; Proposed Renewal and Request for Comment; Lead Training, Certification, Accreditation and Authorization Activities

This ICR covers the information collection activities associated with the reporting and recordkeeping requirements for individuals, firms and state and local government entities conducting lead-based paint (LBP) activities or renovations of target housing and child-occupied facilities (COFs); training providers; and states/territories/tribes/Alaskan native villages that are promulgated in 40 CFR part 745.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 6/26/2023

Agency Information Collection Activities; Submission for OMB Review; Comment Request; The Family and Medical Leave Act of 1993; Disclosure and Recordkeeping Requirements

The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601, and its regulations at 29 CFR part 825, require private sector employers that employ 50 or more employees, all public and private elementary schools, and all public agencies to provide up to 12 weeks of unpaid, job-protected leave during any 12-month period to eligible employees for certain family and medical reasons. The Department has developed optional-use forms which can be used by employers to provide required notices to employees and by employees to provide certification of their need for leave for an FMLA-qualifying reason. The FMLA disclosures ensure that both employers and employees are aware of and can exercise their rights and meet their respective obligations under the FMLA. For additional substantive information about this ICR, see the related notice published in the Federal Register on November 9, 2022 (87 FR 67718).

Federal Agency: Department of Labor

Affected Area: HR

Comments Due: 5/30/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Foreign Gifts and Contracts Disclosures

Federal Student Aid (FSA) is requesting a new information collection to collect the required information from institutions regarding foreign gifts and contracts as specified in the Higher Education Act of 1965 (HEA), as amended. Section 117 of the HEA, codified at 20 U.S.C. 1011f, provides that institutions of higher education must file a disclosure report with the Secretary of Education on January 31 or July 31, whichever is sooner, under certain circumstances.

Federal Agency: Department of Education

Affected Area: CERA

Comments Due: 6/5/2023

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: Department of Education

Affected Area: OIE

Comments Due: 6/5/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Student Assistance General Provisions-Satisfactory Academic Progress Policy

The Department of Education (the Department) is requesting an extension of the current approval of the policies and procedures for determining satisfactory academic progress (SAP) as required in section 484 of the Higher Education Act of 1965, as amended (HEA). A link to the Satisfactory Academic Progress regulations is provided at 34 CFR 668.34 and 34 CFR 600.55.

These regulations identify the policies and procedures to ensure that students are making satisfactory academic progress in their program at a pace and a level to receive or continue to receive title IV, HEA program funds. If there is lapse in progress, the policy must identify how the student will be notified and what steps are available to a student not making satisfactory academic progress toward the completion of their program, and under what conditions a student who is not making satisfactory academic progress may continue to receive title IV, HEA program funds. There have been minor changes to the regulatory language since the last information collection update.

Federal Agency: Department of Education

Affected Area: Academic Affairs

Comments Due: 6/8/2023

Agency Information Collection Activities; Comment Request; Application and Employment Certification for Public Service Loan Forgiveness

The Department of Education (Department) is requesting an emergency clearance for this renewal of the revision of the information collection, 1845–0110. Additionally, we are requesting that the full clearance package be filed at the same time and that the Department will initiate the 60-day public comment period upon notification of emergency approval. The PSLF program was revised during the Negotiated Rulemaking process in 2021 resulting in Final Rule for the Public Service Loan Forgiveness (PSLF) Program that were published in the Federal Register on November 1, 2022 (87 FR 65904) and continue to be codified in 34 CFR 685.219. Concurrent with these new regulations, the Department implemented the ability for the borrower and employer to digitally sign and submit the PSLF Form electronically through our Digital Platform. The PSLF form was redesigned to encourage the use of the new signature options and align the instructions on the form to mimic the user experience connected to the online submission. This new form will not be available until the regulations become effective on July 1, 2023.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 7/11/2023

Agency Information Collection Activities; Comment Request; Federal Family Educational Loan Program (FFEL)-Administrative Requirements for States, Not-For-Profit Lenders, and Eligible Lenders Trustees

This request is for the extension of a current paperwork collection in the Office of Management and Budget (OMB) Control Number 1845–0085 for the reporting requirement contained in the regulations for States, not-for-profit lenders and eligible lender trustees under 34 CFR 682.302 for the Federal Family Education Loan (FFEL) Program. The regulations in § 682.302 require a State, non-profit entity, or eligible lender trustee to provide to the Secretary a certification on the State or non-profit entity’s letterhead signed by the State or non-profit’s Chief Executive Officer which states the basis upon which the entity qualifies as a State or non-profit entity. The submission must include documentation establishing the entity’s State or non-profit status. In addition, the submission must include the name and lender identification number for which the eligible not-for-profit designation is being certified.

Federal Agency: Department of Education

Affected Area: Financial Aid

Comments Due: 7/11/2023

Items of Interest

Solicitation of Nominations for Organizations To Serve as Non-Voting Liaison Representatives to the Advisory Committee on Women’s Services (ACWS) Subcommittee on Maternal Mental Health; Second Notice

The Substance Abuse and Mental Health Services Administration (SAMHSA) within the Department of Health and Human Services (HHS), is soliciting nominations from qualified organizations to be considered for non-voting liaison representative positions on a subcommittee of the Advisory Committee for Women’s Services (ACWS) focused on maternal mental health.

Comments Due: 5/31/2023

Solicitation of Nominations for Appointment to the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment

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: 10/1/2023

Internal Revenue Service Advisory Council (IRSAC); Nominations

The Internal Revenue Service (IRS) is seeking new members to serve on the Internal Revenue Service Advisory Council (IRSAC). Applications are currently being accepted for appointments that will begin in January 2024. IRSAC members are drawn from substantially diverse backgrounds representing a cross-section of the taxpaying public with substantial, disparate experience in: tax preparation for individuals, small businesses and large, multi-national corporations; tax-exempt and government entities; information reporting; and taxpayer or consumer advocacy. Nominations of qualified individuals may come from individuals or organizations; applications should describe and document the proposed member’s qualifications for IRSAC.

Comments Due: 5/31/2023

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 fifteen 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: 6/15/2023

Solicitation of Nominations for Appointment to the Healthcare Infection Control Practices Advisory Committee

The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Healthcare Infection Control Practices Advisory Committee (HICPAC). The HICPAC consists of 14 experts in fields including but not limited to, infectious diseases, infection prevention, healthcare epidemiology, nursing, clinical microbiology, surgery, hospitalist medicine, internal medicine, epidemiology, health policy, health services research, public health, and related medical fields.

Comments Due: 9/29/2023

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) invite and request 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.

Solicitation of Nominations for Appointment to CDC’s Advisory Committee to the Director (ACD)

The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Advisory Committee to the Director (ACD). The ACD consists of up to 15 experts knowledgeable in areas pertinent to the CDC mission, such as public health, global health, health disparities, biomedical research, and other fields, as applicable.

Comments Due: 6/5/2023

Request for Applicants for Appointment to the Commercial Customs Operations Advisory Committee (COAC)

U.S. Customs and Border Protection (CBP) is requesting that individuals who are interested in serving on the Commercial Customs Operations Advisory Committee (COAC) apply for membership. The COAC provides advice and makes recommendations to the Secretaries of the Department of the Treasury (Treasury) and the Department of Homeland Security (DHS) on all matters involving the commercial operations of CBP and related functions.

Comments Due: 6/5/2023

Patent and Trademark Public Advisory Committees

The United States Patent and Trademark Office (USPTO)—America’s Innovation Agency—seeks nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Under Secretary of Commerce for Intellectual Property and 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, 2023. The members represent the interests of the public and the stakeholders of the USPTO.

Comments Due: 7/3/2023

Urban Agriculture and Innovative Production Advisory Committee

The Department of Agriculture’s (USDA) Office of Urban Agriculture and Innovative Production (OUAIP) is seeking nominations for individuals to serve on the Urban Agriculture and Innovative Production Advisory Committee (UAIPAC). The UAIPAC advises the Secretary of Agriculture on the development of policies and outreach relating to urban, indoor, and other emerging agricultural production practices. The 12 members appointed by the Secretary of Agriculture are expected to serve a 3-year term. This specific nomination period includes four vacancies, including: the urban producer representative; the higher education or extension program representative; the business and economic development representative; and a representative with related experience in urban, indoor, and other emerging agriculture production practices.

Comments Due: 7/15/2023

Inland Waterways Users Board; Request for Nominations

The Department of the Army is publishing this notice to request nominations to serve as representatives on the Inland Waterways Users Board (“the Board”), sponsored by the U.S. Army Corps of Engineers. The Board provides independent advice and recommendations to the Secretary of the Army and the Congress. The Secretary of the Army recommends its 11 (eleven) representative organizations to the Secretary of Defense for approval. This notice is to solicit nominations for seven (7) appointments or more for terms that will begin by January 31, 2024. For additional information about the Board, please visit the committee’s website at http://www.iwr.usace.army.mil/Missions/Navigation/Inland-Waterways-Users-Board/.

Compliance Alert – April 2023

April 26th, 2023
in Newsletter

Legislative Updates

SB87 To make supplemental appropriations for the fiscal year ending September 30, 2023, from the Education Trust Fund to various agencies and entities a total amount of $2,787,667,309.

Final Rules

Procedures for the Handling of Retaliation Complaints Under the Taxpayer First Act (TFA)

On March 7, 2022, the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor (Department) issued an interim final rule (IFR) that provided procedures for the Department’s processing of complaints under the employee protection (retaliation or whistleblower) provisions of Section 7623(d) of the Taxpayer First Act (TFA or Act). The IFR established procedures and time frames for the handling of retaliation complaints under TFA, including procedures and time frames for employee complaints to OSHA, investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor) and judicial review of the Secretary’s final decision. It also set forth the Department’s interpretations of the TFA whistleblower provisions on certain matters. This final rule adopts the IFR with one technical change.

Federal Agency: Occupational Safety and Health Administration, Labor

Affected Area: HR, Legal

Rights to Federally Funded Inventions and Licensing of Government Owned Inventions

The National Institute of Standards and Technology (NIST) announces revisions to regulations in order to make several technical corrections; reorganize certain subsections; remove outdated and/or unnecessary sections; institute a reporting requirement on federal agencies; and provide clarifications on definitions, communications, process for exercising march-in rights, filing of provisional patent applications, electronic filing of Bayh-Dole related reporting, the purpose of royalties on licenses from the Federal Government, and the processes for granting exclusive, co-exclusive, and partially exclusive licenses and for appeals. NIST has not adopted in this final rule a provision in the proposed rule regarding exercising march-in rights on the sole basis of product pricing. Instead, NIST intends to engage with stakeholders and agencies with the goal of developing a comprehensive framework for agencies considering the use of march-in provisions.

Federal Agency: National Institute of Standards and Technology (NIST), United States Department of Commerce

Affected Area: ORED, Legal

Proposed Rules

Fulbright-Hays Doctoral Dissertation Research Abroad Fellowship Program and Faculty Research Abroad Fellowship Program

The Secretary proposes to amend the regulations that govern the Fulbright-Hays Doctoral Dissertation Research Abroad (DDRA) Fellowship Program and the Faculty Research Abroad (FRA) Fellowship Program. The proposed changes would revise language proficiency qualifications for DDRA and FRA applicants and clarify the Secretary’s discretionary use of eligibility criteria.

Federal Agency: Department of Education

Affected Area: Capstone International

Negotiated Rulemaking Committee; Public Hearings

We announce our intention to establish one or more negotiated rulemaking committee(s), which may include a subcommittee, to prepare proposed regulations for the Federal Student Aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA). The committee will include representatives of organizations or groups with interests that are significantly affected by the subject matter of the proposed regulations. We also announce three public hearings at which interested parties may comment on the topics suggested by the Department and may suggest additional topics that we should consider for action by the negotiating committee. In addition, we announce that the Department will accept written comments on the topics suggested by the Department and suggestions for additional topics that we should consider for action by the negotiating committee.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance: Sex-Related Eligibility Criteria for Male and Female Athletic Teams

The U.S. Department of Education (Department) proposes to amend its regulations implementing Title IX of the Education Amendments of 1972 (Title IX) to set out a standard that would govern a recipient’s adoption or application of sex-related criteria that would limit or deny a student’s eligibility to participate on a male or female athletic team consistent with their gender identity. The proposed regulation would clarify Title IX’s application to such sex-related criteria and the obligation of schools and other recipients of Federal financial assistance from the Department (referred to below as “recipients” or “schools”) that adopt or apply such criteria to do so consistent with Title IX’s nondiscrimination mandate.

Federal Agency: Department of Education

Affected Area: Title IX, Athletics

Comments Due: 5/15/2023

Notices

Agency Information Collection Activities; Comment Request; Federal Work Study (FWS) Wages for Student Aid Index

This new collection will be used to gather information available to participating institutions of higher education (IHE) which is required to fully calculate eligibility for title IV student financial aid for applicants under the Higher Education Act of 1965, as amended (HEA). The FAFSA Simplification Act (Pub. L. 116-260) introduced a change to the manner in which the Department of Education (ED) may obtain the amount of income an applicant has earned from work under the Federal Work Study (FWS) Program, for the purposes of calculating the applicant’s student aid index (SAI) and determine their eligibility for certain Title IV aid. Pursuant to section 483(a)(2)(F) of the FAFSA Simplification Act, ED is required to collect an applicant’s income earned under the FWS program from the IHE participating in the FWS program and can no longer add additional questions to the FAFSA to obtain this information from the FAFSA applicant.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Agency Information Collection Activities; Occupational Exposure to Noise Standard (29 CFR 1910.95)

The purpose of the Occupational Noise Standard and its information collection requirements are to provide protection to workers from adverse health effects associated with occupational exposure to noise. The standard requires employers to establish and maintain accurate records of worker exposure to noise and audiometric testing performed in compliance with this standard. For additional substantive information about this ICR, see the related notice published in the Federal Register on December 12, 2022 (87 FR 78127).

Federal Agency: Department of Labor

Affected Area: EHS

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Section 503 of the Rehabilitation Act of 1973, as Amended

This ICR seeks to extend PRA authority for the Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793. Section 503 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination against applicants and employees because of physical or mental disability and requires contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities. Section 503 applies to Federal contractors and subcontractors with contracts in excess of $15,000. For additional substantive information about this ICR, see the related notice published in the Federal Register on November 16, 2022 (87 FR 68743).

Federal Agency: Department of Labor

Affected Area: HR

Agency Information Collection Activities; Comment Request; 2024-2025 Free Application for Federal Student Aid (FAFSA®)

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 Student Aid (FSA), an office of the U.S. Department of Education, subsequently developed an application process to collect and process the data necessary to determine a student’s eligibility to receive Title IV, HEA program assistance. The application process involves an applicant’s submission of the Free Application for Federal Student Aid (FAFSA®). After submission and processing of the FAFSA form, an applicant receives a FAFSA Submission Report, which is a summary of the processed data they submitted on the FAFSA form. The applicant reviews the FAFSA Submission Summary, and, if necessary, will make corrections or updates to their submitted FAFSA data. Institutions of higher education listed by the applicant on the FAFSA form also receive a summary of processed data submitted on the FAFSA form which is called the Institutional Student Information Record (ISIR).

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Federal Agency: Department of Education

Affected Area: Capstone International, Academic Affairs

Comments Due: 4/24/2023

Agency Information Collection Activities; Comment Request; Higher Education Act (HEA) Title II Report Cards on State Teacher Credentialing and Preparation

This request is for a revision of the State Report Card and Institution and Program Report Card required by the Higher Education Act of 1965, as amended in 2008 by the Higher Education Opportunity Act (HEOA). States must report annually on criteria and assessments required for initial teacher credentials using a State Report Card (SRC), and institutions of higher education (IHEs) with teacher preparation programs (TPP), and TPPs outside of IHEs, must report on key program elements on an Institution and Program Report Card (IPRC). IHEs and TPPs outside of IHEs report annually to their states on program elements, including program numbers, type, enrollment figures, demographics, completion rates, goals and assurances to the state. States, in turn, must report on TPP elements to the Secretary of Education in addition to information on assessment pass rates, state standards, initial credential types and requirements, numbers of credentials issued, TPP classification as at-risk or low-performing. The information from states, institutions, and programs is published annually in The Secretary’s Report to Congress on Teacher Quality.

Federal Agency: Department of Education

Affected Area: College of Education

Comments Due: 5/30/2023

Agency Information Collection Activities; Comment Request; Request for Title IV Reimbursement or Heightened Cash Monitoring 2

34 CFR part 668—Student Assistance General Provisions, Subpart K—Cash Management (§ 668.162) establishes the rules and procedures for a participating institution to request, maintain, disburse, and manage the Title IV (TIV) program funds. Institutions must complete and submit a Form 270 to request TIV program funds while participating under the Reimbursement and Heightened Cash Monitoring payment methods as explained in § 668.162(c) and (d). We are requesting an extension of the currently approved information collection. There have been no changes to the information requested or the form since its prior approval in September 2020.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 6/5/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Student Assistance General Provision-Subpart E-Verification Student Aid Application Information

This request is for an extension of the information collection supporting the policies and reporting requirements contained in subpart E of part 668—Verification and Updating of Student Aid Application Information. Sections 668.53, 668.54, 668.55, 668.56, 668.57, 668.59 and 668.61 contain information collection requirements (OMB control number 1845–0041). This subpart governs the verification and updating of information provided on the Free Application for Federal Student Aid (FAFSA) which is used to calculate an applicant’s Expected Family Contribution (EFC) for purposes of determining an applicant’s need for student financial assistance under Title IV of Higher Education Act of 1965, as amended (HEA). The collection of this documentation helps ensure that students (and parents in the case of PLUS loans) receive the correct amount of Title IV program assistance by providing accurate information to calculate an applicant’s expected family contribution. There has been no change to the regulatory language since the prior information collection filing.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 5/15/2023

Items of Interest

Request for Nominations to the Good Neighbor Environmental Board

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Good Neighbor Environmental Board. Approximately ten vacancies are expected to be filled by December 2023. For appointment consideration, nominations should be submitted by May 31, 2023. Sources in addition to this Federal Register Notice may also be utilized in the solicitation of nominees.

Comments Due: 5/31/2023

Office of the Secretary, Muscular Dystrophy Coordinating Committee Call for Committee Membership Nominations

The Office of the Secretary of the Department of Health and Human Services (HHS) is seeking nominations for three individuals to serve as non-federal public members on the Muscular Dystrophy Coordinating Committee.

Comments Due: 4/28/2023

Education Department Will Tap Secret Shoppers

The Education Department is planning to use undercover agents—known as “secret shoppers”—to monitor colleges and universities that receive federal financial aid for potentially deceptive practices.

Request for Nominations to EPA’s National and Governmental Advisory Committees

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for approximately 12 vacancies in the National Advisory Committee (NAC) and the Governmental Advisory Committee (GAC) which advises the U.S. Representative to the Commission for Environmental Cooperation (CEC). Vacancies on these two committees are expected to be filled by the fall of 2023. Additional sources may be utilized in the solicitation of nominees.

Comments Due: 5/19/2023

FIFRA Scientific Advisory Panel; Examination of Microcosm/Mesocosm Studies for Evaluating the Effects of Atrazine on Aquatic Plant Communities; Request for Nominations of Ad Hoc Expert Reviewers and Notice of Public Meeting

The Environmental Protection Agency (EPA or “Agency”) is seeking public nominations of scientific and technical experts that EPA can consider for service as ad hoc reviewers assisting the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) with the review of the Agency’s reevaluation of 11 atrazine microcosm and mesocosm studies identified by the 2012 FIFRA SAP as warranting further review. EPA currently anticipates selecting approximately 8-12 ad hoc reviewers and plans to make a list of candidates under consideration as prospective ad hoc reviewers for this review available for public comment by late May 2023. EPA is also announcing that a virtual public meeting of the FIFRA SAP is being scheduled in August 2023. In July 2023, EPA plans to release the reevaluation document submitted to the FIFRA SAP for peer review, along with all background documents, related supporting materials and draft charge questions provided to the FIFRA SAP. At that time, EPA will publish a separate document in the Federal Register to announce the availability of and solicit public comment on the draft reevaluation document and provide instructions for submitting comments and registering to provide oral comments at the August 2023 meeting.

National Advisory Council for Healthcare Research and Quality: Request for Nominations for Members

The National Advisory Council for Healthcare Research and Quality (the Council) advises the Secretary of HHS (Secretary) and the Director of the Agency for Healthcare Research and Quality (AHRQ) with respect to activities proposed or undertaken to carry out AHRQ’s statutory mission. AHRQ produces evidence to make health care safer, higher quality, more accessible, equitable, and affordable, and works within the U.S. Department of Health and Human Services and with other partners to make sure that the evidence is understood and used. Seven new members will be appointed to replace seven current members whose terms will expire in November 2023.

Comments Due: May 26, 2023

Draft FAFSA Released

The draft is the first glimpse of what the new version of the Free Application for Federal Student Aid will look like when it launches later this year.

Peer Review Opportunities With the U.S. Department of Education’s Office of Career, Technical, and Adult Education (OCTAE); 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 OCTAE, OESE, OELA, OPE, and OSERS.

Technical Advisory Committees; Notice of Recruitment of Members

The Bureau of Industry and Security (BIS), Department of Commerce is announcing its recruitment of candidates to serve on one of its six Technical Advisory Committees (“TACs” or “Committees”). TAC members advise the Department of Commerce on the technical parameters for export controls applicable to dual-use items (commodities, software, and technology) and on the administration of those controls. The TACs are composed of representatives from industry, academia, and the U.S. Government and reflect diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of items currently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls. Representation from the private sector is balanced to the extent possible among large and small firms.

National Advisory Council

The Federal Emergency Management Agency (FEMA) requests that qualified individuals interested in serving on the FEMA National Advisory Council (NAC) apply for appointment as identified in this notice. Pursuant to the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), the NAC advises the FEMA Administrator on all aspects of emergency management, incorporating input from and ensuring coordination with Tribal, State, Territorial and local governments, and the non-governmental and private sectors. The NAC consists of up to 40 members, all of whom are experts and leaders in their respective fields. FEMA seeks to appoint or reappoint individuals to seven (7) discipline-specific positions on the NAC and up to two (2) members as Administrator Selections. If other positions open during the application and selection period, FEMA may select qualified candidates from the pool of applications.

Comments Due: 5/21/2023

Compliance Alert – March 2023

March 22nd, 2023
in Newsletter

Final Rules

Official Transition to Issuing Electronic Patent Grants in 2023

The United States Patent and Trademark Office (USPTO) is implementing electronic patent issuance to reduce pendency of patent applications, foster a green economy by reducing paper waste, and permit complete issued patents to be viewable and printable by both the applicants as well as the public immediately upon issuance in Patent Center, the USPTO’s electronic patent application filing and management system. Patent grants will no longer be issued on paper, and as a result, they will no longer be mailed to the correspondence address of record as part of the patent issuance process. During a transition period, the USPTO will provide a paper copy of the electronic patent grant as a courtesy ceremonial copy, delivered to the patentee’s correspondence address of record. After the transition period, a selection of patent grant copies, including the ceremonial copy, will be available for purchase at a nominal charge. The electronic patent grant will be the official statutory patent grant.

Federal Agency: Patent and Trademark Office

Affected Area: ORED

Rescission of Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption Rule

This action finalizes the proposal of the Office of Federal Contract Compliance Programs (OFCCP) to rescind the final rule titled “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption,” which took effect on January 8, 2021. This rescission removes the regulations established by that rule.

Federal Agency: Office of Federal Contract Compliance Programs, Labor

Affected Area: HR, EEO/Title IX

Program for the Repayment of Educational Loans, Urgent Care, and Specialty Education Loan Repayment Program

This final rule will revise the Department of Veterans Affairs (VA) regulations that govern the Program for the Repayment of Educational Loans (PREL) and Specialty Education Loan Repayment Program (SELRP) by adding the Office of Management and Budget approval number for the associated collections of information. VA is also making technical corrections to its regulation that governs VA’s urgent care benefit.

Federal Agency: Department of Veteran’s Affairs

Affected Area: Student Financial Aid

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

The Office of the Secretary of Transportation is updating the DOT regulation that adopts the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. This amendment responds to the 2020 changes to the Office of Management and Budget Guidance for Grants and Agreements, which amended OMB’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, by revising section cross-references.

Federal Agency: Department of Transportation

Affected Area: OSP

Visas: Procedures for Issuing Visas

The Department of State is updating its regulation regarding visa applicants’ furnishing of signed photographs as required under Section 221(b) of the Immigration and Nationality Act. These updates reflect changes in technology, including the ability to upload digital photographs electronically as part of the online visa application process.

Federal Agency: Department of State

Affected Area: Capstone International

Proposed Rules

Direct Grant Programs, State-Administered Formula Grant Programs

The U.S. Department of Education (we or the Department) proposes to rescind regulations related to religious student organizations at certain public institutions of higher education (IHEs) that prescribe a novel role for the Department in enforcing grant conditions related to religious student organizations. These regulations apply to public IHEs that receive a direct grant from the Department or a subgrant from a State-administered formula grant program of the Department. The Department proposes to rescind the regulations because they are not necessary to protect the First Amendment right to free speech and free exercise of religion; have created confusion among institutions; and prescribe an unduly burdensome role for the Department to investigate allegations regarding IHEs’ treatment of religious student organizations.

Federal Agency: Department of Education

Affected Area: Student Life

Comments Due: 3/24/23

Notices

Agency Information Collection Activities; Comment Request; Loan Rehabilitation: Reasonable and Affordable Payments

Borrowers who have defaulted on their Direct Loan or FFEL Program loans may remove those loans from default through a process called rehabilitation. Loan rehabilitation requires the borrower to make 9 payments within 10 months. The payment amount is set according to one of two formulas. The second of the two formulas uses the information that is collected in this form. The form makes it easier for borrowers to complete through simplified language, and easier for loan holders through a uniform, common format.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 5/1/2023

Evaluating the Safety of Antimicrobial New Animal Drugs With Regard to Their Microbiological Effects on Bacteria of Human Health Concern; Revised Draft Guidance for Industry; Availability; Extension of Comment Period

The Food and Drug Administration (FDA or the Agency) is extending the comment period for the notice announcing the availability of a draft guidance for industry that appeared in the Federal Register of December 19, 2022. In that notice, FDA requested comments on draft guidance for industry (GFI) #152 entitled “Evaluating the Safety of Antimicrobial New Animal Drugs with Regard to their Microbiological Effects on Bacteria of Human Health Concern.” 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: 5/19/2023

Items of Interest

Institutional Review Boards: Actions Needed to Improve Federal Oversight and Examine Effectiveness (GAO-23-104721)

Health and Human Services oversees about 2,300 U.S.-based IRBs through routine or for-cause inspections to assess if they are following federal laws when reviewing research. But few IRBs are inspected. For example, one HHS agency aims to do just 3-4 routine inspections each year. Also, HHS agencies haven’t examined how many inspections are needed or if inspections could be changed to further reduce risks to human subjects. Our recommendations address this.

House Republicans Want Information on Foreign Gifts

House Republicans want more information from the Education Department about its enforcement of the federal law that requires the reporting of foreign gifts to universities. North Carolina representative Virginia Foxx, the Republican who chairs the House Committee on Education and the Workforce, wrote in a letter signed by several other lawmakers that she was concerned about the department’s decision to shift enforcement of the law, known as Section 117, from the Office of General Counsel to Federal Student Aid.

Request for Nominations for Individuals and Consumer Organizations for Advisory Committees

The Food and Drug Administration (FDA or the Agency) is requesting that any consumer organizations interested in participating in the selection of voting and/or nonvoting consumer representatives to serve on its advisory committees or panels notify FDA in writing. FDA is also requesting nominations for voting and/or nonvoting consumer representatives to serve on advisory committees and/or panels for which vacancies currently exist or are expected to occur in the near future. Nominees recommended to serve as a voting or nonvoting consumer representative may be self-nominated or may be nominated by a consumer organization. FDA seeks to include the views of individuals on its advisory committees regardless of their gender identification, religious affiliation, racial and ethnic identification, or disability status and, therefore, encourages nominations of appropriately qualified candidates from all groups.

Request for Nominations for Voting Members for the Patient Engagement Advisory Committee

The Food and Drug Administration (FDA or Agency) is requesting nominations for voting members, excluding consumer and industry representatives, to serve on the Patient Engagement Advisory Committee (the Committee) in the Center for Devices and Radiological Health. Nominations will be accepted for upcoming vacancies effective with this notice. FDA seeks to include the views of members of all gender groups, members of all racial and ethnic groups, and individuals with and without disabilities on its advisory committees and, therefore, encourages nominations of appropriately qualified candidates from these groups.

Ending After May 11, 2023: Common Rule Exceptions to the Use of a Single IRB for Multi-site Research (NIH Extramural Nexus)

The Secretary of the U.S. Department of Health and Human Services (HHS) is planning for the Federal Public Health Emergency (PHE) for COVID-19, declared under Section 319 of the Public Health Service (PHS) Act, to expire at the end of the day on May 11, 2023. The extramural community is reminded that as of that date NIH will no longer be able to grant single IRB exceptions for multi-site research that is subject to the revised Common Rule cooperative research provision under the Office for Human Research Protections (OHRP) Determination of “Exception to the Single IRB Review Requirements for Certain HHS-Conducted or -Supported Cooperative Research Activities Subject to the 2018 Requirements During the Coronavirus Disease 2019 (COVID-19) Public Health Emergency.”

ACE, Higher Ed Groups Ask Again for Clarification on Foreign Gift and Contract Reporting

Along with a number of other higher education associations [*including COGR], ACE sent comments to the Department of Education (ED) Feb. 27 in response to the December Federal Register notice requesting feedback on recent changes to how colleges and universities report foreign gifts and contracts as specified in Section 117 of the Higher Education Act.

Keeping Your Federally-Funded Inventions: Requirements to Comply with the Bayh-Dole Act

Importantly, during due diligence investigations, failures to comply with Bayh-Dole requirements can raise red flags and cast doubts as to ownership of intellectual property because the government could potentially have the right to take title due to non-compliance. Here are some key requirements and deadlines to watch out for, including a few that were changed as of May 14, 2018.

Biden’s Budget Calls for $820 Pell Increase

The administration also wants $90 billion over 10 years to make two years of community college free.

Compliance Alert – February 2023

February 22nd, 2023
in Newsletter

Final Rules

Revised Definition of “Waters of the United States”

The Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies’ experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining “waters of the United States.”

This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation’s vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States.

Federal Agency: Environmental Protection Agency

Affected Area: EHS, Water Center

Freedom of Information Act and the Privacy Act

The Office of the Intellectual Property Enforcement Coordinator (IPEC) is issuing its implementing regulations for the Freedom of Information Act (FOIA) and the Privacy Act. The final rule describes how to make a FOIA request with IPEC and how IPEC processes requests for records. The final rule also states IPEC’s Privacy Act Policies and Procedures. The final rule describes how individuals can find out if an IPEC system of records contains information about them and, if so, how to access or amend a record.

Federal Agency: Office of the Intellectual Property Enforcement Coordinator, Executive Office of the President

Affected Area: Privacy, ORED

Proposed Rules

Coverage of Certain Preventive Services Under the Affordable Care Act

These proposed rules would amend regulations regarding coverage of certain preventive services under the Patient Protection and Affordable Care Act, which requires non-grandfathered group health plans and non-grandfathered group or individual health insurance coverage to cover certain contraceptive services without cost sharing. Current regulations include exemptions and optional accommodations for entities and individuals with religious or moral objections to coverage of contraceptive services. These rules propose rescinding the moral exemption rule. These proposed rules also would establish a new individual contraceptive arrangement that individuals enrolled in plans or coverage sponsored, arranged, or provided by objecting entities may use to obtain contraceptive services at no cost directly from a provider or facility that furnishes contraceptive services. Contraceptive services would be available through the proposed individual contraceptive arrangement without any involvement on the part of an objecting entity. Under these proposed rules, a provider or facility that furnishes contraceptive services in accordance with the individual contraceptive arrangement for eligible individuals would be able to be reimbursed for its costs by entering into an arrangement with an issuer on a Federally facilitated Exchange or State Exchange on the Federal platform, which in turn may seek a user fee adjustment.

Affected Area: CCHS, HR

Comments Due: 4/3/2023

Education Acquisition Regulation

The Secretary of Education proposes to modify the Department of Education Acquisition Regulation (EDAR) to revise aspects of those regulations that are out-of-date or redundant with other U.S. Department of Education (Department) policies and procedures and to accurately implement the current Federal Acquisition Regulation (FAR) and Department policies.

Federal Agency: Department of Education

Affected Area: Procurement

Comments Due: 4/3/2023

Notices

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Accrediting Agencies Reporting Activities for Institutions and Programs-Database of Accredited Postsecondary Institution and Programs (DAPIP)

In accordance with the Paperwork Reduction Act (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).

Federal Agency: Department of Education

Affected Area: OIE

Comments Due: 2/17/2023

Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2023-24 Award Year Deadline Dates

The Secretary announces the 2023-24 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: Department of Education

Affected Area: Student Financial Aid

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Protection of Human Subjects and Institutional Review Boards

This information collection supports Agency regulations pertaining to the protection of human subjects, informed consent, and responsibilities of institutional review boards (IRBs) as set forth in parts 50 and 56 (21 CFR parts 50 and 56). Parts 50 and 56 apply to all clinical investigations regulated by FDA under sections 505(i) and 520(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i) and 360j(g), respectively), as well as clinical investigations that support applications for research or marketing permits for products regulated by FDA. The regulations in parts 50 and 56 are intended to protect the rights and safety of subjects involved in such investigations. The regulations also contain the standards for composition, operation, and responsibilities of IRBs that review clinical investigations regulated by FDA.

Federal Agency: Food and Drug Administration, HHS

Affected Area: ORED

Comments Due: 2/21/2023

Agency Information Collection Activities; Comment Request; Cash Management Contract URL Collection

The Department of Education (the Department) is seeking an extension of OMB control number 1845-0147 for the collection of URLs hosting institutional contracts and contract data relating to campus banking agreements. The regulatory sections for this collection include 34 CFR 668.164(e)(2)(viii) and 34 CFR 668.164(f)(4)(iii)(B), are unchanged. The Department and the public have a strong interest in knowing the terms of marketing contracts of the millions of students receiving millions of dollars in Federal student aid. The Higher Education Act of 1965, as amended (HEA) strongly supports providing important consumer information to students and the public, as evidenced in several parts of the law. The increased transparency will help ensure accountability and encourage institutional practices that are in the interest of students.

Federal Agency: Department of Education

Affected Area: Student Financial Aid, Student Account Services

Comments Due: 3/21/2023

Agency Information Collection Activities; Comment Request; Student Assistance General Provision-Subpart E-Verification Student Aid Application Information

This request is for an extension of the information collection supporting the policies and reporting requirements contained in subpart E of part 668—Verification and Updating of Student Aid Application Information. Sections 668.53, 668.54, 668.55, 668.56, 668.57, 668.59 and 668.61 contain information collection requirements (OMB control number 1845-0041). This subpart governs the verification and updating of information provided on the Free Application for Federal Student Aid (FAFSA) which is used to calculate an applicant’s Expected Family Contribution (EFC) for purposes of determining an applicant’s need for student financial assistance under Title IV of Higher Education Act of 1965, as amended (HEA). The collection of this documentation helps ensure that students (and parents in the case of PLUS loans) receive the correct amount of Title IV program assistance by providing accurate information to calculate an applicant’s expected family contribution. There has been no change to the regulatory language since the prior information collection filing.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 3/31/2023

New Conflict of Interest and Conflict of Commitment Policy for Recipients of NASA Financial Assistance Awards

To address undue foreign influence in NASA-supported research and ensure responsible stewardship of taxpayer dollars, NASA has developed a new conflict of interest (COI) and conflict of commitment (COC) disclosure policy and an associated term and condition applicable to entities implementing NASA financial assistance awards ( i.e., grants or cooperative agreements). Grants Policy and Compliance (GPC) in NASA’s Office of Procurement is soliciting public comment on the Agency’s proposed policy and term and condition. After obtaining and considering public comment, it is NASA’s intention to implement the new policy and term and condition through a revision to the NASA Grant and Cooperative Agreement Manual (GCAM).

Federal Agency: National Aeronautics and Space Administration (NASA)

Affected Area: CERA, ORED

Comments Due: 3/1/2023

Agency Information Collection Activities; Comment Request; Borrower Defense to Loan Repayment Universal Forms

The Department of Education (the Department) amends the William D. Ford Federal Direct Loan (Direct Loan) Program regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement a new regulation in § 685.400 et seq. —Borrower Defense to Repayment. These final regulations are a result of negotiated rulemaking and will add new requirements to the current regulations. These final regulations require the collection of this information from borrowers who believe they qualify for a borrower defense to repayment discharge, as permitted under Section 455(h) of the HEA. This request is to revise the currently approved information collection 1845-0163 to incorporate the new regulatory requirements and forms.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 4/3/2023

Announcing Issuance of Federal Information Processing Standard (FIPS) 186-5, Digital Signature Standard

This notice announces the Secretary of Commerce’s approval of Federal Information Processing Standard (FIPS) 186-5, Digital Signature Standard (DSS). FIPS 186-5 specifies three techniques for the generation and verification of digital signatures that can be used for the protection of data: the Rivest-Shamir-Adleman (RSA) Algorithm, the Elliptic Curve Digital Signature Algorithm (ECDSA), and the Edwards Curve Digital Signature Algorithm (EdDSA). The Digital Signature Algorithm (DSA), specified in prior versions of this standard, is retained only for the purposes of verifying existing signatures.

Federal Agency: National Institute of Standards and Technology (NIST), Commerce

Affected Area: CERA, Procurement, ORED, OIT

Agency Information Collection Activities; Comment Request; Student Assistance General Provisions-Satisfactory Academic Progress Policy

The Department of Education (the Department) is requesting an extension of the current approval of the policies and procedures for determining satisfactory academic progress (SAP) as required in Section 484 of the Higher Education Act of 1965, as amended (HEA). A link to the Satisfactory Academic Progress regulations is provided at 34 CFR 668.34 and 34 CFR 600.55.

These regulations identify the policies and procedures to ensure that students are making satisfactory academic progress in their program at a pace and a level to receive or continue to receive Title IV, HEA program funds. If there is lapse in progress, the policy must identify how the student will be notified and what steps are available to a student not making satisfactory academic progress toward the completion of their program, and under what conditions a student who is not making satisfactory academic progress may continue to receive Title IV, HEA program funds. There have been minor changes to the regulatory language since the last information collection update.

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

Affected Area: Student Financial Aid, CERA

Comments Due:4/3/2023

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Fiscal Operations Report for 2022-2023 and Application To Participate 2024-2025 (FISAP) and Reallocation Form

The Higher Education Act of 1965, as amended, requires participating Title IV institutions to apply for funds and report expenditures for the Federal Perkins Loan (Perkins), the Federal Supplemental Educational Opportunity Grant (FSEOG) and the Federal Work-Study (FWS) Programs on an annual basis. The data submitted electronically in the Fiscal Operations Report and Application to Participate (FISAP) is used by the Department of Education to determine the institution’s funding need for the award year and monitor program effectiveness and accountability of fund expenditures. The data is used in conjunction with institutional program reviews to assess the administrative capability and compliance of the applicant. There are no other resources for collecting this data.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 3/9/2023

Agency Information Collection Activities: Submission for OMB Review; Comment Request; Environmental and Historic Preservation Screening Form

FEMA’s Grant Programs Directorate (GPD) awards thousands of grants each year through various grant programs. These programs award funds for projects used to improve homeland security and emergency preparedness. The National Environmental Policy Act of 1969 (NEPA) (Pub. L. 91-190, sec. 102 (B) and (C), 42 U.S.C. 4332), the National Historic Preservation Act of 1966 (NHPA) (Pub. L. 89-665, 16 U.S.C. 470f), the Endangered Species Act of 1973 (Pub. L. 93-205, 16 U.S.C. 1531, et seq.), and a variety of other environmental and historic preservation laws and Executive Orders (E.O.) require the Federal Government to examine the potential environmental impacts of its proposed actions on communities, public health and safety, and cultural, historic, and natural resources including endangered and threatened species prior to implementing those actions. The GPD process of considering these potential impacts is called an environmental and historic preservation (EHP) review which is employed to achieve compliance with multiple EHP authorities through one consolidated process.

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

Affected Area: ORED

Comments Due: 3/9/2023

Request for Comments Regarding Artificial Intelligence and Inventorship

The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovation enabled by artificial intelligence (AI), to ensure continued U.S. leadership in AI and other emerging technologies (ET). In June 2022, the USPTO announced the formation of the AI/ET Partnership, which provides an opportunity to bring stakeholders together through a series of engagements to share ideas, feedback, experiences, and insights on the intersection of intellectual property and AI/ET. To build on the AI/ET Partnership efforts, the USPTO is seeking stakeholder input on the current state of AI technologies and inventorship issues that may arise in view of the advancement of such technologies, especially as AI plays a greater role in the innovation process. As outlined in sections II to IV below, the USPTO is pursuing three main avenues of engagement with stakeholders to inform its future efforts on inventorship and promoting AI-enabled innovation: a series of stakeholder engagement sessions; collaboration with academia through scholarly research; and a request for written comments to the questions identified in section IV. The USPTO encourages stakeholder engagement through one or more of these avenues.

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

Affected Area: ORED

Comments Due: 5/15/2023

Items of Interest

Institutional and Organizational Research Data Retention Policies Questionnaire

To develop a compendium of research data retention requirements, the University of California is gathering information on institutional and organizational research data retention policies. Once developed, UC intends to provide it to the research community for its ongoing use. Interested parties are invited to complete a brief questionnaire by February 24, 2023. The estimated time to complete is 2-3 minutes. For more background and information, please read the Dear Colleague Letter here. If you have any questions, please contact Agnes Balla, Director, Research Analysis and Coordination, University of California Office of the President at RPAC@UCOP.edu.

NSF Application Guide Revised

NSF has published a revised version of the NSF Grants.gov Application Guide (NSF 23-006). Overall, the Guide has been updated to align with the revisions to NSF’s Proposal & Award Policies & Procedures Guide (PAPPG) (NSF 23-1). A by-chapter summary of changes is provided at the beginning of the document. The Guide will be effective for applications submitted (via Grants.gov) or due, on or after January 30, 2023.

White House releases new scientific integrity guidelines (Chemical & Engineering News)

Every US funding agency will be required to designate a scientific integrity official, and agencies that fund, conduct, or oversee research will have to establish the position of chief science officer under new guidelines released Jan. 12 by the White House Office of Science and Technology Policy (OSTP). The guidelines create a single definition of scientific integrity and provide a model policy to help agencies as they update and revise their existing integrity plans…The guidelines follow a January 2022 OSTP report that set out five scientific integrity principles to guide science in government, including scientists’ right to dissent, speak freely, and hold people responsible for integrity violations.

Request for Nominations to the EPA Clean Air Scientific Advisory Committee (CASAC)

The U.S. Environmental Protection Agency (EPA) invites nominations of scientific experts to be considered for appointment to the Clean Air Scientific Advisory Committee (CASAC).

Request for Information (RFI) on Update to NOT-OD-05-034 Guidance on Prompt Reporting of Noncompliances to OLAW (NOT-OD-23-063)

Through this Request for Information (RFI), the National Institutes of Health (NIH) Office of Laboratory Animal Welfare (OLAW) is seeking input on updates to the current Guidance on Prompt Reporting to OLAW Under the PHS Policy on Humane Care and Use of Laboratory Animals (NOT-OD-05-034). The updated guidance seeks to reduce administrative burden by clarifying the reporting requirements, without negatively impacting the accountability and transparency of the process.

Request for Nominations to the EPA Science Advisory Board

The U.S. Environmental Protection Agency (EPA) invites nominations of scientific experts from a diverse range of disciplines to be considered for appointment to the EPA Science Advisory Board (SAB). Appointments will be announced by the Administrator.

Request for Nominations for the Preservation Technology and Training Board

The National Park Service (NPS), U.S. Department of the Interior, is requesting nominations for qualified persons to serve as members of the Preservation Technology and Training Board (Board).

Comments Due: 3/6/2023

Request for Public Nominations of Experts to Serve on a Review Panel

The U.S. Environmental Protection Agency (EPA) is seeking nominations for technical experts to serve as Special Government Employees (SGEs) on a review panel under the authority of the Board of Scientific Counselors (BOSC), a federal advisory committee to the Office of Research and Development (ORD). Selected experts will participate in the review of the ORD’s draft report on a case study that uses value of information (VOI) analysis to weigh the public health and economic trade-offs associated with the timeliness, uncertainty, and costs of the draft EPA Transcriptomic Assessment Product (ETAP). The ETAP is a proposed ORD assessment product that utilizes a standardized short-term in vivo study design and data analysis procedures to develop transcriptomic-based toxicity values for data poor chemicals. The review will take place between April and July 2023. Submission of nominations should be made via the BOSC website.

Request for Public Nominations of Experts To Serve on a Review Panel

The U.S. Environmental Protection Agency (EPA) is seeking nominations for technical experts to serve as Special Government Employees (SGEs) on a review panel under the authority of the Board of Scientific Counselors (BOSC), a federal advisory committee to the Office of Research and Development (ORD). Selected experts will review ORD’s draft documents detailing scientific studies supporting the development of transcriptomic-based toxicity values and their implementation as a new EPA Transcriptomic Assessment Product (ETAP). The ETAP is a proposed ORD assessment product that utilizes a standardized short-term in vivo study design and data analysis procedures to develop transcriptomic-based toxicity values for data poor chemicals. The review will take place between April and July 2023. Submission of nominations should be made via the BOSC website.

Category: Newsletter

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