Compliance Alert – December 2023
- December 20th, 2023
- in Uncategorized
Legislative Updates
The 2023 Legislative Session is now complete, and the 2024 Legislative session will begin in February 2024.
Final Rules
With the issuance of this final rule, the Drug Enforcement Administration places nine fentanyl-related substances, as identified in this final rule, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible, in schedule I of the Controlled Substances Act. These nine fentanyl-related substances are currently listed in schedule I pursuant to a temporary scheduling order. This action makes permanent the imposition of the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess), or propose to handle these nine specific fentanyl-related controlled substances.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, UAPD
The Administrator of the Drug Enforcement Administration is issuing this temporary order to schedule six synthetic cannabinoids and their optical and geometric isomers, salts, and salts of isomers, whenever the existence of such isomers and salts is possible, in schedule I under the Controlled Substances Act. This action is based on a finding by the Administrator that the placement of these six substances in schedule I is necessary to avoid imminent hazard to the public safety. As a result of this order, the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle these six specified controlled substances.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, ORED, UAPD
This final rule revises and replaces definitions and procedures for lineal descendants, Indian Tribes, Native Hawaiian organizations, museums, and Federal agencies to implement the Native American Graves Protection and Repatriation Act of 1990. These regulations clarify and improve upon the systematic processes for the disposition or repatriation of Native American human remains, funerary objects, sacred objects, or objects of cultural patrimony. These regulations provide a step-by-step roadmap with specific timelines for museums and Federal agencies to facilitate disposition or repatriation. Throughout these systematic processes, museums and Federal agencies must defer to the Native American traditional knowledge of lineal descendants, Indian Tribes, and Native Hawaiian organizations.
Federal Agency: Office of the Secretary, Interior
Affected Area: University Museums
Comments Due: 1/12/2024
Specific Listing for Three Currently Controlled Schedule I Substances
The Drug Enforcement Administration (DEA) is establishing a specific listing and DEA Controlled Substances Code Number (drug code) for three substances: N -(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-butyl-1 H -indazole-3-carboxamide (also known as ADB–BUTINACA); 4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one (also known as α-PiHP or alpha -PiHP); and 2-(methylamino)-1-(3-methylphenyl)propan-1-one (also known as 3–MMC or 3-methylmethcathinone) in schedule I of the Controlled Substances Act (CSA). Although ADB–BUTINACA, α-PiHP, and 3–MMC are not specifically listed in schedule I of the CSA with their own unique drug codes, they are schedule I controlled substances in the United States because they are positional isomers of AB–PINACA (controlled January 30, 2015), α-PHP (controlled July 18, 2019), and mephedrone (controlled as a hallucinogen July 9, 2012), respectively, each of which are schedule I hallucinogens. Therefore, DEA is simply amending the schedule I hallucinogenic substances list in its regulations to separately include ADB–BUTINACA, α-PiHP, and 3–MMC.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, UAPD
Proposed Rules
This proposed rule includes payment parameters and provisions related to the HHS-operated risk adjustment program, as well as 2025 user fee rates for issuers offering qualified health plans (QHPs) through Federally-facilitated Exchanges (FFEs) and State-based Exchanges on the Federal platform (SBE–FPs). This proposed rule also includes proposed requirements related to the auto re-enrollment hierarchy; essential health benefits; failure to file and reconcile; non-standardized plan option limits and an exceptions process; standardized plan options; special enrollment periods (SEPs); direct enrollment (DE) entities; Insurance Affordability Program enrollment eligibility verification process; requirements for agents, brokers, web-brokers, and DE entities assisting Exchange consumers; network adequacy; public notice procedures for section 1332 waivers; prescription drug benefits; updates to the Consumer Operated and Oriented Plan (CO–OP) Program; State flexibility on the financial methodology used for Medicaid eligibility determinations for non-modified adjusted gross income (MAGI) populations; and State flexibility on the effective date of coverage in the Basic Health Program (BHP). A summary of this proposed rule may be found at https://www.regulations.gov/.
Federal Agency: Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS); Department of the Treasury
Affected Area: UMC, Capstone Village
Comments Due: 1/8/2024
The Drug Enforcement Administration proposes placing two phenethylamine hallucinogens, as identified in this proposed rule, in schedule I of the Controlled Substances Act. This action is being taken, in part, to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances for one of these substances 2,5-dimethoxy-4-chloroamphetamine. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess), or propose to handle these two specific controlled substances.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, UAPD
Comments Due: 1/12/2024
Notices
The Department of Education (Department) is requesting a renewal as revision of the information collection, 1845–0065, Total and Permanent Disability (TPD) Discharge Application and Related Forms. 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 Social Security Administration (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 updating of this information collection. We have also revised the form based on public comment and internal review for ease of use and clarity. We have moved definitions to the front to allow users to know if their loans can be included on this form. We have moved forward where the completed form is to be sent and how to get assistance in completing the form. Further explanation of changes are in the attached comment response table.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 12/27/2023
Direct Subsidized Loans, Direct Unsubsidized Loans, Direct PLUS Loans, and Direct Consolidation Loans (collectively referred to as “Direct Loans”) may have either fixed or variable interest rates, depending on when the loan was first disbursed or, in the case of a Direct Consolidation Loan, when the application for the loan was received. Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed on or after July 1, 2006, and Direct Consolidation Loans for which the application was received on or after February 1, 1999, have fixed interest rates that apply for the life of the loan. Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans first disbursed before July 1, 2006, and Direct Consolidation Loans for which the application was received before February 1, 1999, have variable interest rates that are determined annually and are in effect during the period from July 1 of one year through June 30 of the following year. This notice announces the fixed interest rates for Direct Subsidized Loans, Direct Unsubsidized Loans, and Direct PLUS Loans with first disbursement dates on or after July 1, 2023, and before July 1, 2024, and provides interest rate information for other fixed-rate Direct Loans. Interest rate information for variable-rate Direct Loans is announced in a separate Federal Register notice.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
The FFEL Program includes loans with variable interest rates that change each year and loans with fixed interest rates that remain the same for the life of the loan. For loans with a variable interest rate, the specific interest rate formula that applies to a particular loan depends on the date of the first disbursement of the loan or, in the case of a Consolidation Loan, the date the application for the loan was received. If a loan has a variable interest rate, a new rate is determined annually and is in effect during the period from July 1 of one year through June 30 of the following year. This notice announces the interest rates for variable-rate FFEL Program loans that will be in effect during the period from July 1, 2023, through June 30, 2024. Interest rates for fixed-rate FFEL Program loans may be found in a Federal Register notice published on September 15, 2015 (80 FR 55342).
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Interest rates for variable-rate Direct Loans are determined in accordance with formulas specified in section 455(b) of the Higher Education Act of 1965, as amended (HEA) (20 U.S.C. 1087e(b)). The formulas vary depending on loan type and when the loan was first disbursed or, for certain Direct Consolidation Loans, when the application for the loan was received. The HEA specifies a maximum interest rate for these loan types. If the interest rate formula results in a rate that exceeds the statutory maximum rate, the rate is the statutory maximum rate.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval to renew an information collection. The collection involves information necessary to submit a Means of Compliance or Declaration of Compliance for Unmanned Aircraft with Remote Identification to the FAA. The collection also involves information necessary to label Unmanned Aircraft that have an FAA-accepted Declaration of Compliance. The information to be collected will be used by the FAA to determine compliance with the requirements for submission of a Means of Compliance or Declaration of Compliance, as well as determine compliance with the Unmanned Aircraft labeling requirements.
Federal Agency: Federal Aviation Administration (FAA), DOT
Affected Area: EHS, UAPD
Comments Due: 1/22/2024
The Department of Education (Department) is requesting an extension of the information collection, 1845–0102. This collection was approved under an emergency clearance on July 27, 2023, and the Department is now requesting the 30-day public comment period. The Department updated the Income Driven Repayment (IDR) Request Form used by a borrower to enroll, recertify, or change their IDR plan to support the provisions identified for early implementation in the final rule published July 10, 2023, and the provisions in the FUTURE ACT related to borrower consent to use tax information for IDR participation. Specifically, the form was updated to include a new section related to the borrowers consent to use tax information for this application and on an ongoing basis and to reflect the name change of the REPAYE Plan to the SAVE Plan. The form was also updated to remove the need for spousal income information in the situation where a borrower files taxes separately from their spouse. This removes the need to collect the signature of the spouse as the spouse’s information is no longer necessary to participate in any IDR plan. Other updates were made to improve readability and the borrower experience. There have been no further changes to the form since the emergency clearance was approved.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 1/10/2024
Review; Comment Request, Work Opportunity Tax Credit (WOTC), New Collection
The Chief Evaluation Office (CEO) of the U.S. Department of Labor (DOL) intends to design and conduct an evaluation to assess the Work Opportunity Tax Credit (WOTC) program. WOTC is a provision of the Internal Revenue Code (title 26 of the U.S. Code) that provides employers a tax credit as an incentive to hire people with barriers to employment in 10 Target Groups (including veterans, recipients of certain public benefits, people with disabilities and others). DOL is responsible for certification of WOTC participant eligibility, and the Internal Revenue Service in the Department of Treasury issues the tax credits to employers. The goal of this project is to build knowledge about the effectiveness and implementation of the program. CEO, in collaboration with the Office for Workforce Investment (OWI) in the Employment and Training Administration (ETA) and with the Office of Disability Employment Policy (ODEP), seeks to better understand the Work Opportunity Tax Credit (WOTC), how it is administered amongst state workforce agencies, how it serves job seekers and employers, the effectiveness and efficiency of its current design, potential improvements in structure and operations, and potential future research in this area. This initial request pertains to an implementation evaluation of WOTC. An outcome and impact evaluation are anticipated in the future.
Federal Agency: Office of the Assistant Secretary for Policy, Chief Evaluation Office, Department of Labor
Affected Area: HR
Comments Due: 2/12/2024
Items of Interest
The Office for Human Research Protections (OHRP), a program office in the Office of the Assistant Secretary for Health, Department of Health and Human Services (HHS), is seeking nominations of qualified candidates to be considered for appointment as members of the Secretary’s Advisory Committee on Human Research Protections (SACHRP). SACHRP provides advice and recommendations to the Secretary, HHS (Secretary), through the Assistant Secretary for Health, on matters pertaining to the continuance and improvement of functions within the authority of HHS directed toward protections for human subjects in research. SACHRP was established by the Secretary on October 1, 2002. OHRP is seeking nominations of qualified candidates to fill three positions on the Committee membership that will be vacated during the 2024 calendar year.
Comments Due: 1/19/2024
Announcement of Intent To Establish Federal Advisory Committee on Long COVID
The Committee will consist of up to 20 members, including any Chair, Vice Chair, or Co-Chairs. Factors to be considered in selecting individuals to serve on the Committee include expertise in the issues to be examined by the Committee, as well as statutory obligations under FACA and desire for a balanced and diverse membership. To the extent possible, composition of the Committee will reflect the experience of an inclusive and diverse cross-section of persons with Long COVID and multidisciplinary expertise of those supporting and caring for those affected as well as specific clinical, medical, public health, behavioral health, human services, employment, data science, and research expertise. The membership of the Committee will reflect diverse individuals or organizations including underserved populations, with a focus on health equity.
Comments Due: 1/16/2024
Agency Information Collection Activities: USSS Citizens Academy Application, Electronic Form
The Agency has initiated a Citizens Academy to inform the public about its mission, focused on participation from local community leaders. The academy will take place in local Agency field offices. Prior to participating, applicants will need to provide information as their community leadership role and provide PII so that a background investigation can be conducted to check for criminal history, open warrants, etc. The application allows for the Agency to gather the information necessary for each applicant to determine if they are eligible for participation. Authority to collect the information sought on this form is derived from title 28 U.S.C. 599A, 28 CFR 0.130, and 18 U.S.C. 3056.
Comments Due: 1/16/2024
Request for Candidates Interested in Appointment to the Citizens Coinage Advisory Committee
The United States Mint, pursuant to United States Code, title 31, section 5135(b), is accepting applications for appointment to the Citizens Coinage Advisory Committee (CCAC) as the member specially qualified to serve on the CCAC by virtue of the candidate’s education, training, or experience in Medallic Arts or Sculpture.
Comments Due: 1/3/2024
U.S. Lags in AI Use Among Students, Surveys Find
Students and university leaders in the United States are lagging behind their peers elsewhere in use of artificial intelligence, two new reports suggest. According to a report by the education technology firm Anthology, 38 percent of students reported using AI at least monthly, with only the United Kingdom having a lower usage rate. Chegg, another ed-tech firm, conducted its own global study with similar results: 20 percent of students in the United States reported using generative AI, followed only by the U.K. with 19 percent. However, in the U.S., more than 30 percent of the university leaders surveyed by Anthology are concerned that AI is unethical and could result in plagiarism—a higher degree of suspicion than leaders in any country but the U.K.
The College Tour That Comes to You
The University of South Alabama has hit on a new recruitment strategy: send the president on a bus to pick up high schoolers for a campus tour.
Florida Looks to Remove Sociology From Gen. Ed.
The Florida Board of Governors voted on Nov. 9 to remove the Principles of Sociology from the list of core courses that the state’s public college students can take to fulfill their general education requirements. The news shocked sociology professors across the state, who say the ripple effects of such a decision could be disastrous.
Biden Administration to Take Another Swing at Accreditation Rules
The Education Department says it will update the regulations for accreditation agencies, state authorization and the definition of distance education. The spring 2024 round of rule making could be the Biden administration’s final chance to make changes to federal higher education policy in its first term.
Let’s Play a Game: College STEM Meets Gamification
Badges, leaderboards, and other game elements are familiar in K-12 classrooms, but more university courses are embracing learning through gaming.
Biden Administration Refines Student Debt Relief Plans
Borrowers who started repaying their undergraduate loans at least 20 years ago and still have a balance will see their remaining debt discharged under an updated proposal for one-time student loan forgiveness released Monday. All other borrowers, including those with graduate school loans, would be eligible for forgiveness on debt that entered repayment at least 25 years ago.
COGR Responds to OMB’s NPRM on Guidance for Grants & Agreements “Uniform Guidance”
COGR Response to Federal Register Notice, 88 FR 69390 2 CFR Chapter 1, Parts 25, 175, 180, 182, 183; and 2 CFR Chapter 2, Part 20
New Title IX Regulations Pushed to March (Inside Higher Ed)
The Education Department has pushed back the date for finishing its updated regulations for Title IX of the Education Amendments of 1972 to March, according to the agency’s latest regulatory agenda. The final regulations, which would overhaul how colleges and universities respond to reports of sexual harassment and assault and create new protections for transgender students, were slated for release in May but then were pushed back to October.
The Fallout: What the Antisemitism Hearing Could Mean for Higher Education
After Republicans grilled three university presidents on Capitol Hill, experts weigh in on the broader implications for public opinion and the politics of colleges and universities.
ACE, Higher Ed Groups Oppose the DETERRENT Act (American Council on Education Press Release
ACE and 17 other organizations sent a letter Monday to House leadership opposing the Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions (DETERRENT) Act, which the House is scheduled to vote on this week. The DETERRENT ACT would amend Section 117 of the Higher Education Act by lowering the reporting threshold for foreign gifts or contracts from $250,000 to $50,000 for most countries and to $0 for “countries of concern” (China, Russia, Iran, and North Korea), and creating massive new reporting requirements for institutions. The bill would prohibit public institutions from signing contracts with countries of concern unless the secretary of education issues a waiver, require some institutions to create and maintain public facing databases of foreign gifts and contracts to individual researchers and staff, and require some private institutions to report investments or holdings with countries of concern. The bill also would create large new fines for non-compliance, some of which would be tied to an institution’s Title IV funding.
Bipartisan Progress on Pell Grant Expansion, but Hurdles Remain
The House wants to expand the Pell Grant to shorter career training programs. To pay for it, a new bill would cut off federal student loans to the nation’s wealthiest private colleges, starting in July.
The Future of Flexible Work in Higher Ed: A Compilation
“Shaping the Future of Flexible Work in Higher Education” is a new print-on-demand compilation of articles and essays from Inside Higher Ed. The free booklet explores how limited remote work options have become a driver of staff turnover in higher education, how some institutions are adapting (or not) in response to employee expectations and the differing perspectives of various campus constituencies.
You may download a copy of the booklet here.
Expansion of Foreign Funding Disclosure Requirements in Academia Passed by House (AIP)
A bill introducing new reporting requirements for universities and academics receiving foreign financial support passed the House yesterday by a vote of 246-170. Though some Democrats raised concerns the bill would have a chilling effect on international collaboration, 31 Democrats ultimately joined Republicans to approve the measure.
Future of OPMs in Flux as Regulations Loom
University relationships with online program managers could be turned on their heads in 2024, as the government considers more oversight into OPM contracts.
Policies
| Posting Date | Department | Contact | Name | Effective Date | Summary |
|---|---|---|---|---|---|
| 10/30/2023 | Equal Opportunity Programs and Title IX | Beth Howard | Equal Opportunity and Non-Discrimination Policy | 10/30/2023 | Revised Policy: Updated the policy’s name and added clarifying information in the Affirmative Action section. |
| 10/30/2023 | Equal Opportunity Programs and Title IX | Beth Howard | Harassment Policy | 10/30/2023 | Revised Policy: Updated to reflect changes in processes and to be consistent with similar language in other UA policies. |
| 11/3/2023 | Compliance, Ethics, and Regulatory Affairs | Cheryl Mowdy | Anti-Retaliation Policy | 11/3/2023 | New Policy: Retaliation against members of the University community who make good faith reports regarding potential University-related violations of laws, regulations or University policies is prohibited. |
| 11/3/2023 | Environmental Health and Safety | Gene Holcomb | Fire Drill & Evacuation Policy | 11/3/2023 | New Policy: The purpose of this policy is to ensure that the University of Alabama (UA) is in compliance with the International Fire Code (IFC), state ordinances, and local ordinances. Environmental Health & Safety (EHS) is responsible for conducting all code required fire drills. |
| 11/3/2023 | Public Safety | Ralph Clayton | Multipurpose Storm Shelter Policy | 11/3/2023 | New Policy: This policy defines the terms for use of multipurpose storm shelter facilities on the UA campus based on the requirements of the State of Alabama Act 2012-554 and the ICC/NSSA Standard for the Design and Construction of Storm Shelters (ICC 500-2008) adopted by the State of Alabama Building Commission. |
| 11/3/2023 | Environmental Health and Safety | Juliette Botoklo | Safety Training Policy | 11/3/2023 | New Policy: The purpose of The University of Alabama (University) Safety Training Program and Policy is to provide employees and students with general knowledge and information necessary to recognize risks associated with their work or course and take necessary steps to reduce the risk to the lowest possible level while performing the job or action safely. Most often, safety training courses are developed in response to federal, state, and local regulations. Additionally, safety training is often required by accreditation agencies to meet institutional needs. Failure to successfully complete or participate in training exposes the individual to risk of injury and could place the University in a state of non-compliance with various safety regulations. |