Final Rules
Uniform Procedures for State Highway Safety Grant Programs
This final rule amends the definition of “equipment” to conform with OMB’s government-wide Guidance for Federal Financial Assistance affecting Federal grants.
Federal Agency: National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT)
Affected Area: Campus Development
Transitioning Gang-Involved Youth to Higher Education Program
The purpose of the Transitioning Gang-Involved Youth to Higher Education (TGIY) Program is to provide a funding opportunity for organizations that work directly with gang-involved youth to help such youth pursue higher education opportunities that will lead to postsecondary certification or credentials.
Federal Agency: Office of Postsecondary Education, Department of Education
Affected Area: OAA
Schedules of Controlled Substances: Placement of Zuranolone in Schedule IV
This final rule adopts, without change, an interim final rule with request for comments published in the Federal Register on October 31, 2023, placing zuranolone (chemically known as 1-[2-[(3 R, 5 R, 8 R, 9 R, 10 S, 13 S, 14 S, 17 S)-3-hydroxy-3,13-dimethyl-2,4,5,6,7,8,9,10,11,12,14,15,16,17-tetradecahydro-1 H -cyclopenta[ a]phenanthren-17-yl]-2-oxoethyl]pyrazole-4-carbonitrile) and its salts in schedule IV of the Controlled Substances Act. With the issuance of this final rule, the Drug Enforcement Administration maintains zuranolone, including its salts, in schedule IV of the Controlled Substances Act.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, UAPD
Proposed Rules
The Secretary is proposing to amend the Student Assistance General Provisions regulations governing participation in the student financial assistance programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), to promote program integrity and institutional quality. These regulations would clarify, update, and consolidate certain provisions that apply to distance education; the return of title IV, HEA funds; and the Federal TRIO programs. A brief summary of the proposed rule is available at www.regulations.gov/docket/ED-2024-OPE-0050.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid, OTIDE
Comments Due: 8/23/2024
Federal Government Participation in the Automated Clearing House
The Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service) is proposing to amend its regulation governing the use of the Automated Clearing House (ACH) Network by Federal agencies. Our regulation incorporates, with some exceptions, updates to the Nacha Operating Rules and the Nacha Operating Guidelines (Operating Rules & Guidelines), which govern the use of the ACH Network by Federal agencies. This proposed rule addresses changes that Nacha has made since the publication of the 2021 Operating Rules & Guidelines, including Supplement #1-2021. These changes include amendments in the 2022, 2023, and 2024 Operating Rules & Guidelines, including supplements thereto, issued before the date of this notice.
Federal Agency: Bureau of Fiscal Service, Department of the Treasury
Affected Area: Audit, Accounting
Comments Due: 10/8/2024
DoD is proposing to revise the DFARS to implement sections 1044 and 1045 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 (Pub. L. 118-31), which amend section 1062 of the NDAA for FY 2021 (Pub. L. 116-283). DoD published an interim rule in the Federal Register at 88 FR 67607 on September 29, 2023, under DFARS Case 2021-D023 to implement section 1062 of the NDAA for FY 2021. Section 1062 provides that none of the funds authorized to be appropriated or otherwise made available for any fiscal year for DoD may be provided to an institution of higher education that hosts a Confucius Institute, defined as a cultural institute directly or indirectly funded by the government of the People’s Republic of China. In addition, section 1062 provided the authority to waive the funds limitation. There were no public comments submitted in response to the interim rule. Section 1044 of the NDAA for FY 2024 amends section 1062(d) of the NDAA for FY 2021 by revising the definition of “Confucius Institute” as any program that receives funding or support from the Chinese International Education Foundation, the Center for Language Exchange Cooperation of the Ministry of Education of the People’s Republic of China, or any cultural institute funded by the government of the People’s Republic of China. Section 1045 of the NDAA for FY 2024 amends section 1062(b) of the NDAA for FY 2021 to add a termination date of October 1, 2026, for the authority to issue a waiver.
Federal Agency: Defense Acquisition Regulations System, Department of Defense (DoD)
Affected Area: ORED, OOC, OAA, Capstone International
Comments Due: 10/15/2024
Notices
2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence
In accordance with Executive Order 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (October 30, 2023) (Executive Order), the United States Patent and Trademark Office (USPTO) is issuing a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence (AI). This guidance update will assist USPTO personnel and stakeholders in evaluating the subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology (AI inventions). This update also announces a new set of examples that are intended to assist USPTO personnel in applying the USPTO’s subject matter eligibility guidance to AI inventions during patent examination, appeal, and post-grant proceedings. In addition to addressing issues especially relevant to AI inventions, this guidance update addresses feedback from our stakeholders and includes discussions of recent Federal Circuit decisions on patent subject matter eligibility. This guidance update, together with the guidance provided in the Manual of Patent Examining Procedure (MPEP), is to be used by USPTO personnel when applying subject matter eligibility law.
Federal Agency: Patent and Trademark Office, Department of Commerce
Affected Area: Patents and Trademarks
This is a request for a new information collection. Federal Student Aid (FSA) Partner Connect will be replacing Student Aid internet Gateway (SAIG) Enrollment via fsawebenroll.ed.gov. SAIG Mailboxes will remain as the access point for electronically transmitting and receiving data. FSA Partner Connect System and User Access Management allows authorized entities, including postsecondary educational institutions, institutional third-party servicers, guaranty agencies and guaranty agency (GA) servicers, Federal Family Education Loan Program (FFELP) lenders and lender servicers, federal loan servicers, and State Higher Education Agencies, to exchange data electronically with the U.S. Department of Education (Department). In order to participate, each entity must enroll for system and service access through FSA Partner Connect (fsapartners.ed.gov). The enrollment process enables the organization enrolling to create new users and select services to receive, submit, view, and/or update student financial aid data online and by batch using Department provided software EDconnect (PC-based software) or TDClient (client software for multiple environments). As authorized by the Higher Education Act of 1965, as amended (HEA); 20 U.S.C. 1070 et seq., and in order to manage the Title IV, HEA assistance programs, the entities listed above may electronically transmit and receive data from the following FSA systems through SAIG Mailboxes by enrolling through FSA Partner Connect.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 9/30/2024
These forms serve as the means by which borrowers in the William D. Ford Federal Direct Loan (Direct Loan), Federal Family Education Loan (FFEL) and the Federal Perkins Loan (Perkins Loan) Programs may request forbearance of repayment on their loans if they meet certain conditions. The U.S. Department of Education and other loan holders uses the information collected on these forms to determine whether a borrower meets the eligibility requirements for the specific type of forbearance. The Service forbearance (SERV Forb) and the Student Loan Debt forbearance (SLDB Forb) forms are currently approved under OMB No. 1845-0018. The General forbearance (GEN Forb) form is currently approved under OMB No. 1845-0031. For greater simplicity and to make it easier to maintain consistency among the various forbearance forms, the Department is consolidating the two current collections into a single collection under OMB No. 1845-0018. This review request merges the number of respondents/responses/burden hours for both collections.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 9/16/2024
The title of this information collection is being changed from “Small Unmanned Aircraft Systems (sUAS) Accident Reporting” to “Small Unmanned Aircraft Systems (sUAS) Safety Event Reporting” to reflect the change made to the title of the applicable regulation (14 CFR, 107.9) in 2022. 14 CFR part 107.9 requires that a small, unmanned aircraft system safety event be reported if it causes: (1) serious injury to any person or any loss of consciousness; or (2) damage to any property, other than the small, unmanned aircraft, unless the cost of repair or fair market value in the event of total loss does not exceed $500. The information collected by the FAA through its Drone Zone web portal, Flight Standards District Offices, one of the Regional Operations Centers, or the Washington Operations Center for each small UAS safety event will be used to investigate and determine regulatory compliance. In addition, the safety event information will go into the FAA aircraft accident database for safety analysis purposes by the FAA Office of Accident Investigation and Analysis, pursuant to its statutory safety mission.
Federal Agency: Federal Aviation Administration (FAA), DOT
Affected Area: EHS
Comments Due: 9/30/2024
The Department of Energy (DOE or the Department) has identified categorical exclusions established by the United States Forest Service (USFS) that cover categories of actions pertinent to DOE operations. This notice identifies those USFS categorical exclusions and announces that DOE has adopted them for the Department’s future use pursuant to section 109 of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) NEPA regulations.
Federal Agency: Office of the General Counsel, Department of Energy
Affected Area: Land Management
The National Center for College Students with Disabilities (NCCSD) at the University of Minnesota and originated by the Association on Higher Education and Disability (AHEAD) is authorized by Congress in the Higher Education Opportunity Act of 2008 (777.4) and was established in 2016. The NCCSD College Disability Resource Database is designed to address a gap in information about services and accessibility for college students with disabilities, who make up 19.5% of the undergraduate population. Existing general information about colleges is available in the Department of Education’s online College Navigator and College Affordability and Transparency Center, but the only information about students with disabilities in these databases is the percentage of students registered with campus disability services offices. At this time, this is the only database that provide systematic collection of information about campus-level disability-related services, access, and activities at colleges and universities in the United States. The NCCSD survey asks all U.S. campuses to provide basic information about disability services, accessibility of campus, and disability-related activities that may affect inclusion and the campus climate. The data is available to the public in an accessible and searchable database to help prospective college students and their families make informed decisions during the college search process. Because the database is public, researchers and policymakers are able to utilize the data to gather information about disability and higher education in systematic ways. The Department is requesting a revision of the survey for the following reasons: to add non-degree-granting institutions of higher education to the respondent universe; to change the timeframe for and revise one question; to revise the possible responses to one question; and to add three new questions regarding faculty/instructor disability training.
Federal Agency: Office of Planning, Research, and Evaluation, Administration for Children and Families, Department of Health and Human Services
Affected Area: Office of Equal Opportunity Programs and Disability Services
Comments Due: 9/8/2024
The Office of Planning, Research, and Evaluation (OPRE), Administration for Children and Families (ACF) is proposing an information collection activity for the Child Abuse and Neglect Background Checks for Child Care and Early Education (CAN Checks for CCEE) Project. The goal of the project is to better understand how states and territories use findings from CAN registry background checks, as required by the Child Care and Development Block Grant Act of 2014 (CCDBG), to make child care employment eligibility determinations. The study will also be used to understand state and territory variation, facilitators, and challenges in implementing CAN registry background checks; and explore any resulting within- or across-state/territory equity implications.
Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)
Affected Area: CDRC, RISE, Youth Protection, HR
Comments Due: 9/9/2024
This is a request for an extension of the currently approved information collection package, 1845-0002. In order to manage the Title IV, HEA assistance programs, authorized by the Higher Education Act of 1965, as amended (HEA); 20 U.S.C. 1070 et seq., eligible institutions and other partners must electronically transact business with Federal Student Aid (FSA) systems. This clearance allows institutions to request access to, designate personnel or make changes to current access to systems granted to the institutions and their personnel by FSA. No new data is being collected. No changes have been made to the forms approved on July 17, 2024.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 10/11/2024
Agency Information Collection Activities: Proposed Collection; Comment Request
This notice announces the intention of the Agency for Healthcare Research and Quality (AHRQ) to request that the Office of Management and Budget (OMB) approve a revision of the currently approved information collection project: “Patient Safety Organization Certification for Initial Listing and Related Forms, Patient Safety Confidentiality Complaint Form, and Common Formats.” In accordance with the Paperwork Reduction Act of 1995, AHRQ invites the public to comment on this proposed information collection.
Federal Agency: Agency for Healthcare Research and Quality, HHS
Affected Area: UMC, ORED
Comments Due: 10/11/2024
Submission for OMB Review; Reporting Executive Compensation and First-Tier Subcontract Awards
This clearance covers the information that contractors must report to the Federal Subaward Reporting System (FSRS) to comply with requirements under the Federal Acquisition Regulation (FAR) clause at 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards. OMB Control No. 3090-0292 covers the information that non-procurement entities must submit to FSRS. The separate collection for procurement entity reporting increases clarity and visibility of the specific FAR reporting requirements.
Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: Contract Administration
Comments Due: 9/12/2024
The U.S. Department of Education (Department) requests information in the form of written comments that include feedback on ways to improve the “help text” of the 2025-2026 FAFSA form, as well as for the development of supporting materials including student and contributor tip sheets, counselor guides, or other direct communication tools to ensure applicants and contributors can successfully complete and submit the 2025-2026 Free Application for Federal Student Aid (FAFSA®) form. The Department also seeks feedback from financial aid administrators, counselors, and other members of the public on ways the Department can provide additional support to ensure applicants and contributors complete the FAFSA, and institutions of higher education and State grant agencies have support for the processing and packaging of student aid. Based on the suggestions submitted in response to this notice, the Secretary will consider changes to the 2025-2026 FAFSA supporting materials and develop a new Better FAFSA Better Future Roadmap (the Roadmap) that will outline the new tools the Department is making available, such as additional trainings, webinars, counselor guides, and student and contributor tip sheets.
Federal Agency: Federal Student Aid, U.S. Department of Education
Affected Area: Student Financial Aid
Comments Due: 9/13/2024
The Federal Emergency Management Agency (FEMA) will submit the information collection abstracted below to the Office of Management and Budget for review and clearance in accordance with the requirements of the Paperwork Reduction Act of 1995. FEMA invites the general public to take this opportunity to comment on a new information collection. In accordance with the requirements of the Paperwork Reduction Act of 1995, this notice seeks comments concerning FEMA’s sharing of information that includes personally identifiable information (PII) and sensitive personally identifiable information (SPII) of disaster survivors.
Federal Agency: Federal Emergency Management Agency, Department of Homeland Security
Affected Area: Emergency Management, Privacy
Comments Due: 9/13/2024
Items of Interest
Alabama Judge Allows New Title IX Rule to Move Forward in 4 States
A federal judge shot down an effort Tuesday from four Southern states to immediately block the Biden administration’s new Title IX rule from taking effect, finding that Alabama, Florida, Georgia and South Carolina failed to show that they would be successful in their legal challenge. The ruling from Judge Annemarie Carney Axon, appointed by former president Trump, paves the way for the regulations to be enforced in those four states beginning Thursday, when the rule takes effect nationwide. The states have already appealed the ruling to the U.S. Court of Appeals for the 11th Circuit. More than 70 colleges in the four states don’t have to comply with the new regulations because of a court order in a separate case. Additionally, Florida governor Ron DeSantis told public colleges in his state earlier this year to not comply with the regulations.
How the Education Department Wants to Police Online Education
The department says it needs more data about online education to hold those programs accountable. Institutions say the agency is overcorrecting.
Taylor & Francis AI Deal Sets ‘Worrying Precedent’ for Academic Publishing
The publisher didn’t give authors any notice before selling access to its data to Microsoft for $10 million. The agreement could improve academic research, but it further entrenches the predatory nature of academic publishing, experts say.
Research security program guidelines: more work for federally funded research institutions
The White House Office of Science and Technology Policy (OSTP) has issued long-awaited Guidelines for Research Security Programs at Covered Institutions (“Guidelines”), which outline how federal research agencies must require “covered institutions” – including certain institutions of higher education and nonprofit research institutions – to certify their implementation of programs related to cybersecurity, foreign travel security, research security, and export control. Below we summarize the new Guidelines, the entities affected, and the timeline for implementation.
Business Implications of New SEC Climate Disclosure Requirements
U.S. companies are facing stricter SEC climate disclosure requirements, according to Risk Management Magazine.
New Title IX Rule Now Blocked in 21 States
The Education Department won’t be able to enforce its new Title IX regulations, set to take effect nationwide Aug. 1, in Arkansas, Iowa, Missouri, North Dakota, Nebraska or South Dakota, a federal judge ruled Wednesday evening. Judge Rodney Sippel of the Eastern District of Missouri found that the states had a “fair chance of prevailing” on their arguments that the new regulations, which strengthen protections for LGBTQ+ students, exceed the department’s authority and violate the First Amendment.
Following Sippel’s ruling, the Title IX regulations are now temporarily blocked in 21 states along with hundreds of colleges nationwide. The Education Department is moving forward with enforcing the new rule in states and on campuses where it hasn’t been enjoined, despite another federal judge suggesting last week that the agency delay when the regulations take effect.
Senate Bill Aims to Hold Universities Accountable for Antisemitism
Legislation introduced Wednesday in the U.S. Senate would require universities and the Education Department to immediately address reports of discrimination. It’s the latest effort by congressional Republicans to combat antisemitism on college campuses. The Restoring Civility on Campus Act would provide more transparency for federal civil rights investigations into reports of discrimination based on shared ancestry or ethnic characteristics, which includes antisemitism and Islamophobia. Provisions in the legislation are also aimed at bolstering the Education Department’s Office for Civil Rights’ oversight of colleges that are under investigation. For example, the bill would require OCR staff to work in person at a college campus as they evaluate a complaint about a university.
The College Board has overhauled its scoring methodology for the majority of Advanced Placement exams over the past two years. On Monday, the nonprofit published on its website the first public acknowledgment of the shift in the way it scores more than three million assessments each year.
Changes coming soon to federal grant requirements
OMB’s changes to Title 2 include not only the Uniform Guidance, but also revisions to other parts within Title 2, subtitle A, which are:
- Part 25, Universal Identifier and System for Award Management;
- Part 170, Reporting Subaward and Executive Compensation Information;
- Part 175, Award Term for Trafficking in Persons;
- Part 180, OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement);
- Part 182, Governmentwide Requirements for Drug-Free Workplace (Financial Assistance);
- Part 183, Never Contract with the Enemy; and
- Part 184, Buy America Preferences for Infrastructure Projects.
Simultaneously, OMB, working with the Council on Federal Financial Assistance, included a discussion about the Title 2 revisions within a newly issued governmentwide implementation plan that aims to reduce burdens when administering federal financial assistance (OMB Memorandum M-24-11). M-24-11 discusses both pre-award and post-award actions that federal agencies can take to promote transparency and equity.
“These revisions will improve stewardship of federal funds, promote equitable access to programs and services, reduce administrative burden for agencies, applicants and recipients, and facilitate streamlined and effective oversight and implementation of federal programs,” OMB states in M-24-11. “Among other things, the revisions eliminate several prior approval requirements, increase multiple thresholds that trigger additional requirements, and clarify requirements for agencies and recipients.”
Higher Ed Groups Slam New DHS Cyber Proposal
New requirements for reporting cyberattacks would put undue stress on both small and large institutions, 16 organizations told the Department of Homeland Security in a letter.
Nearly 700 More Colleges Don’t Have to Comply With New Title IX Rule
Colleges and universities in Democratic-led states from California to New York aren’t immune to the legal fights over the Biden administration’s new Title IX regulations, a court filing this week shows. Now, after the plaintiffs filed a list of colleges with the district judge Monday, more than 670 institutions across 50 states and territories are covered by the temporary injunction. The regulations were already on hold in 15 states, while another 11 are challenging the regulations in federal court. The list includes 364 colleges and universities in 26 states that aren’t currently suing the Biden administration over the regulations, according to an Inside Higher Ed analysis of the 26-page document, which is available in a searchable format below.
Education Department Prepares to Enact Debt-Relief Plan
The Education Department will send emails to borrowers about the potential for debt relief today, signaling that the agency is close to finalizing a plan to discharge millions of Americans’ student loan debts. The emails will not say who will receive relief or how much but will inform borrowers that if they want to opt out they must do so by Aug. 30.
Senate Eyes Pell Grant Boost, More Money for Federal Student Aid
The chamber’s draft spending plan doesn’t make the sweeping cuts to the Education Department that House Republicans want to see, setting up yet another fight over the federal budget.
‘A New Low’: Civil Rights Chief Calls Out Discrimination on Campuses
Since the start of the war in Gaza last fall, as pro-Palestinian protesters amassed on many college campuses, criticizing Israel and chanting, “From the river to the sea,” college officials have struggled to find the line between what’s protected free speech and what’s discriminatory conduct.
Supreme Court Decisions Mean Major Changes In Agency Regulation
According to an article from law firm Covington, two recent Supreme Court decisions will result in significant changes to the rules that courts will apply in reviewing federal agency actions.
Together, these Supreme Court decisions will make it easier for companies and other parties who can claim harm to challenge agencies’ administrative decisions. At the same time, they are likely to incentivize the agencies to rely more on “voluntary” guidance.
Harris’s VP Pick Has Backed Free College, Big Investments in State Universities
After a quick search process, Vice President Kamala Harris picked Minnesota governor Tim Walz to be her running mate Tuesday, elevating a 60-year-old progressive Democrat who has helped to make higher education more accessible for Minnesotans while significantly boosting funding for the state’s public colleges and universities.
Blueprint for Climate Action Across Higher Ed
Colleges and universities are well positioned to tackle the effects of climate change from multiple angles, according to a new report from the Aspen Institute.
3 Topics That Were on Everyone’s Minds at the SHEEO Conference
State officials from across the country are recognizing a new reality for public postsecondary education as enrollment declines, political culture wars rage, finances grow fragile and workforce demands compound.
AAUP Ends Two-Decade Opposition to Academic Boycotts
In 2005, the American Association of University Professors spoke out against this form of protest amid calls for scholars to spurn Israeli institutions. Now, the group says boycotts “can be considered legitimate tactical responses.”
Survey: ‘Everything’ Stresses Students Out. How Can Colleges Help?
Recent Student Voice data from Inside Higher Ed and Generation Lab finds two in five college students say stress or mental health is impacting their academics a great deal, and they want help from their institutions to take the pressure off.
The 10 Barriers to Innovation in Higher Education
Why is it so difficult to nurture innovation and academic entrepreneurship at a college or university?
7 Myths that Limit Innovation in Higher Ed
Innovation is all the buzz these days in higher education circles, and it is no wonder. Many mainstream media observers have noted that higher education is now ground zero for disruption due largely to what they believe is a broken business model.
Has your paper been used to train an AI model? Almost certainly (Nature)
Artificial-intelligence developers are buying access to valuable data sets that contain research papers — raising uncomfortable questions about copyright.
Policies
| Posting Date | Department | Contact | Name | Effective Date | Summary |
|---|---|---|---|---|---|
| 8/2/2024 | Student Life | Todd Borst | Hazing Policy | 8/2/2024 | Revised Policy: The Hazing Policy was reviewed and revised to be consistent with other UA System Universities and other per institutions. Revisions and additions include expanding the policy to include further clarification to what constitutes hazing under the policy, updating reporting options and penalties/sanctions for individuals. |
| 8/2/2024 | Student Life | Kathleen Duffy | Fraternity & Sorority Community Policy | 8/2/2024 | New Policy: The purpose of the Fraternity & Sorority Community Policy is to support the growth and sustainability of member groups and help create a safe and successful experience for all members and guests. |
| 8/9/2024 | Risk Management | Wade Bond | On the Job Injury and Illness Policy | 8/9/2024 | Revised Policy: Changes made were to clarify the original intent of the policy. Additional language was added under the Commissioned Law Enforcement Section. Under the Lost Time Wages Section, #6 Absence Tracker information was added and #12 a reference to the ADA as another option for leave. |