Compliance Alert – February 2024

Legislative Updates

The legislature convened in Montgomery this month. Listed below are items we are tracking:

HB147   Supplemental appropriations from the Education Trust Fund Advancement and Technology Fund to various school systems and colleges and universities, and other entities for fiscal year ending September 30, 2024. Pending: House Ways and Means Education Committee

SB75      Appropriations from Education Trust Fund for the support, maintenance, and development of public education for fiscal year ending September 30, 2025. Pending: Senate Finance and Taxation Education Committee

HB145   Appropriations from Education Trust Fund for the support, maintenance, and development of public education for fiscal year ending September 30, 2025. Pending: To House Ways and Means Education Committee

SB85      State Holidays, move Robert E. Lee observance to October, non-substantive revisions. Pending: Senate County Government and Municipal Committee

HB152   Alabama Gaming Commission, established, duties provided for; casino-style games, sports wagering, and lottery games, regulated; gambling offenses, further provided.  Status: Engrossed

Final Rules

DoD Freedom of Information Act (FOIA) Program; Amendment; Correction

The DoD is correcting a final rule that published in the Federal Register on December 5, 2023. The rule finalized amendments to its Freedom of Information Act (FOIA) regulation to update organizational names, add additional FOIA Requester Service Centers, and adopt the standards in the Department of Justice’s Template for Agency FOIA Regulations noting the decision to participate in FOIA alternative dispute resolution services is voluntary on the part of the requester and DoD.

Federal Agency: Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency (OATSD(PCLT)), Department of Defense (DoD)

Affected Area: Privacy, Legal, HR

Availability of Information to the Public; Correction

On June 14, 2010, the Department of Education (Department) published in the Federal Register a final rule amending the Department’s Freedom of Information Act (FOIA) regulations. The 2010 final rule implemented amendments made to the FOIA statute and clarified how the Department processes FOIA requests for agency records. We are correcting the administrative exhaustion provisions related to the Appeals of Adverse Determinations section in the FOIA regulations. All other provisions in the FOIA regulations remain the same.

Federal Agency: Office of the Secretary, Department of Education

Affected Area: HR, Strategic Communications

Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and the Federal Direct Loan Program)

The Secretary is issuing updates of longstanding waivers and modifications of statutory and regulatory requirements governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). The HEROES Act requires the Secretary to publish a document in the Federal Register providing notice of the waivers or modifications of statutory or regulatory requirements applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965, as amended (HEA), to assist individuals who are performing qualifying military service, and individuals who are affected by a disaster, war or other military operation, or national emergency, as described in the SUPPLEMENTARY INFORMATION section of this document.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area:  Student Financial Aid

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

Section 482(c)(1) of the Higher Education Act of 1965, as amended (HEA), requires that regulations affecting programs under title IV of the HEA be published in final form by November 1 prior to the start of the award year (July 1) to which they apply. Section 482(c)(2) of the HEA also permits the Secretary to designate any regulatory provision as one that an entity subject to the provision may choose to implement earlier and to outline the conditions for early implementation. On July 10, 2023, the Department published in the Federal Register a final rule amending regulations related to income-driven repayment (88 FR 43820). In that final rule we designated certain provisions for early implementation. In addition, on October 23, 2023, the Department published in the Federal Register a document announcing early implementation of provisions related to income-driven repayment (88 FR 72685). The Secretary is exercising his authority under section 482(c) of the HEA to designate an additional regulatory change made in that final rule for early implementation beginning on January 21, 2024.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Student Financial Aid

Energy Conservation Program: Energy Conservation Standards for Refrigerators, Refrigerator-Freezers, and Freezers

The adopted standard levels in this direct final rule were proposed in a letter submitted to DOE jointly by groups representing manufacturers, energy and environmental advocates, consumer groups, and a utility. This letter, titled “Energy Efficiency Agreement of 2023” (hereafter, the “Joint Agreement”), recommends specific energy conservation standards for refrigerators, refrigerator-freezers, and freezers that, in the commenters’ view, would satisfy the EPCA requirements in 42 U.S.C. 6295(o). DOE subsequently received letters of support from states including California, Massachusetts, and New York  and utilities including San Diego Gas and Electric (“SDG&E”) and Southern California Edison (“SCE”) advocating for the adoption of the recommended standards and a follow-up letter from the parties to the Joint Agreement that more specifically described the recommended standards for refrigerators, refrigerator-freezers, and freezers, and their rationale for entering into a negotiation to develop them.

Federal Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy

Affected Area: Facilities and Grounds

Comments Due: 5/6/2024

Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges; Correction

This document corrects technical errors that appeared in the December 21, 2023 final rules entitled, “Federal Independent Dispute Resolution (IDR) Process Administrative Fee and Certified IDR Entity Fee Ranges.”

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

Affected Area: Tax Office

85/15 Rule Calculations, Waiver Criteria, and Reports

The Department of Veterans Affairs (VA) is amending its educational assistance regulations by eliminating the four 85/15 rule calculation exemptions for students in receipt of certain types of institutional aid. Currently, VA regulations provide exceptions that allow certain categories of students to be considered “non-supported” for purposes of the 85/15 rule notwithstanding their receipt of institutional aid. In this final rule, VA is eliminating these exceptions, thus clarifying the types of scholarships that educational institutions must include in their calculations of “supported” students. Also, VA is revising the criteria that shall be considered by the Director of Education Service when granting an 85/15 rule compliance waiver. Lastly, VA is amending the timeline for certain educational institutions’ submission of 85/15 compliance reports.

Federal Agency: Department of Veteran Affairs

Affected Area: Office of Veteran Affairs, Student Financial Aid

Proposed Rules

Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities

The Executive order of January 19, 2021, “Taking Additional Steps To Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities,” directs the Secretary of Commerce (Secretary) to propose regulations requiring U.S. Infrastructure as a Service (IaaS) providers of IaaS products to verify the identity of their foreign customers, along with procedures for the Secretary to grant exemptions; and authorize special measures to deter foreign malicious cyber actors’ use of U.S. IaaS products. The Executive order of October 30, 2023, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” further directs the Secretary to propose regulations that require providers of certain IaaS products to submit a report to the Secretary when a foreign person transacts with that provider or reseller to train a large Artificial Intelligence (AI) model with potential capabilities that could be used in malicious cyber-enabled activity. The Department of Commerce (Department) issues this notice of proposed rulemaking (NPRM) to solicit comment on proposed regulations to implement those Executive orders.

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

Affected Area: OIT

Comments Due: 4/29/2024

Office of Federal Procurement Policy; Federal Acquisition Regulation: Pay Equity and Transparency in Federal Contracting

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a proposed Governmentwide policy developed by the Administrator for Federal Procurement Policy (OFPP Administrator), pursuant to the Administrator’s authority that would prohibit contractors and subcontractors from seeking and considering information about job applicants’ compensation history when making employment decisions for certain positions. Under the proposed policy and the proposed regulatory amendments, contractors and subcontractors would also be required to disclose the compensation to be offered to the hired applicant in job announcements for certain positions.

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

Affected Area: Procurement

Comments Due: 4/1/2024

Federal Acquisition Regulation: Limitations on Subcontracting Revisions

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration to update and clarify requirements associated with the limitations on subcontracting and the nonmanufacturer rule.

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

Affected Area: Procurement

Comments Due: 3/18/2024

Energy Conservation Program: Energy Conservation Standards for Fans and Blowers

The Energy Policy and Conservation Act, as amended (“EPCA”), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including fans and blowers. EPCA also requires the U.S. Department of Energy (“DOE”) to periodically determine whether more stringent standards would be technologically feasible and economically justified and would result in significant energy savings. In this notice of proposed rulemaking (“NOPR”), DOE proposes energy conservation standards for two categories of fans and blowers: air circulating fans (“ACFs”), and fans and blowers that are not ACFs, referred to as general fans and blowers (“GFBs”) throughout this document. DOE also announces a public meeting to receive comment on these proposed standards and associated analyses and results.

Federal Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy

Affected Area: Facilities and Grounds

Comments Due: 3/19/2024

Request for Information-SECURE 2.0 Section 319-Effectiveness of Reporting and Disclosure Requirements

The Department of the Treasury (Treasury Department), the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (Labor Department), and the Pension Benefit Guaranty Corporation (PBGC) are publishing this Request for Information to develop a public record for purposes of the directive in the SECURE 2.0 Act of 2022 (SECURE 2.0). Specifically, this Request for Information addresses section 319 of SECURE 2.0, requiring that these agencies review the existing reporting and disclosure requirements for certain retirement plans under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code (Code) that are applicable to each agency. Following this review, the agencies are to report to Congress, no later than December 29, 2025, concerning the effectiveness of the reporting and disclosure requirements. The report will include recommendations on consolidating, simplifying, standardizing, and improving such requirements with the dual goals of reducing compliance burdens and ensuring plan participants’ and beneficiaries’ timely receipt and better understanding of the information they need to monitor their plans, prepare for retirement, and get the benefits they have earned. The report will also consider how participants and beneficiaries are providing preferred contact information, the methods by which plan sponsors and plans are furnishing disclosures, and the rate at which participants and beneficiaries are receiving, accessing, understanding, and retaining disclosures. Consistent with the directive in section 319 of SECURE 2.0, this Request for Information focuses generally on the overall effectiveness of the reporting and disclosure frameworks in ERISA and the Code. Responses to this Request for Information will inform the agencies in preparation of the required report to Congress and in any future action taken by the agencies to enhance the effectiveness of existing requirements.

Federal Agency: Internal Revenue Service, U.S. Department of the Treasury; Employee Benefits Security Administration, U.S. Department of Labor; Pension Benefit Guaranty Corporation

Affected Area: HR, Tax Office

Comments Due: 4/22/2024

Department of State Acquisition Regulation: Nondiscrimination in Foreign Assistance

The Foreign Assistance Act of 1961 (FAA) and other related statutes, such as the FREEDOM Support Act, the Migration and Refugee Assistance Act of 1962, and the SEED Act of 1989, authorize the U.S. Department of State (Department of State, State, or Department) to provide foreign assistance that seeks to support efforts that would have the effect of protecting and promoting U.S. security, prosperity, and democratic values and shape an international environment to improve the lives of people around the world. To implement the Department’s expectation of nondiscrimination against beneficiaries of Department-funded foreign assistance activities, the Department is proposing to amend its Department of State Acquisition Regulation (DOSAR) to include a new contract clause entitled “Nondiscrimination in Foreign Assistance.” The proposed clause expressly states that contractors and subcontractors receiving Department-funded foreign assistance funds must not discriminate on specified bases against end-users of supplies or services (also referred to in this rule as beneficiaries and potential beneficiaries) or in certain employment decisions involving persons employed in the performance of this contract and funded in whole or in part with foreign assistance funds except where target populations are specified in the relevant statement of work (SOW) or as otherwise required by U.S. law.

Federal Agency: Department of State

Affected Area: Procurement

Comments Due: 3/19/2024

Procurement, Management, and Administration of Engineering and Design Related Services

This proposed rule would update the regulations governing the procurement, management, and administration of engineering and design related services directly related to a highway construction project that is funded through a discretionary grant administered by FHWA. The intent of the proposed rule is to clarify how the regulations apply to recipients other than State transportation agencies (STA). This proposed rulemaking would also make technical changes and corrections to improve the administration of these regulations.

Federal Agency: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT)

Affected Area: Procurement

Comments Due: 4/1/2024

Negotiated Rulemaking Committee; Announcement of Fourth Session of Committee Meetings-Title IV Federal Student Aid Programs, Student Debt Relief

On August 31, 2023, we announced our intention to establish the Student Debt Relief Negotiated Rulemaking Committee (Committee) to develop proposed regulations related to the modification, waiver, release, or compromise of Federal student loans under the Higher Education Act of 1965, as amended (HEA). We now announce a fourth session of Committee negotiations on February 22 and 23, 2024.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area:  Student Financial Aid

Emergency Response Standard

OSHA is proposing through this notice of proposed rulemaking (NPRM) to issue a new safety and health standard, titled Emergency Response, to replace the existing Fire Brigades Standard. The new standard would address a broader scope of emergency responders and would include programmatic elements to protect emergency responders from a variety of occupational hazards. The agency requests comments on all aspects of the proposed rule.

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

Affected Area: EHS, Emergency Operations

Comments Due:  5/6/2024

Notices

Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces

The United States Patent and Trademark Office (USPTO) published in the Federal Register on November 17, 2023, supplemental guidance to be used by USPTO personnel in determining whether a design claim including a computer-generated electronic image is directed to statutory subject matter. This notice provides the deadline for written comments. Additionally, the USPTO has corrected Examples 2, 4, and 5 in Section (V) of the supplemental guidance published in the Federal Register to reflect certain formatting ( i.e., underlining and strikethrough) necessary to understand the examples. The supplemental guidance, including the examples, will be incorporated into the Manual of Patent Examining Procedure in due course.

Federal Agency: Patent and Trademark Office, Commerce

Affected Area: Trademarks and Patent Office

Comments Due: 11/18/2024

Information Collection; Federal Acquisition Regulation Part 3: Improper Business Practices and Personal Conflicts of Interest

In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on an extension concerning Federal Acquisition Regulation (FAR) part 3, Improper Business Practices and Personal Conflicts of Interest. DoD, GSA, and NASA invite comments on: whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through April 30, 2024. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.

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

Affected Area: CERA

Comments Due: 3/18/2024

Request for Information Regarding Mental Health and Substance Use Disorder Needs in Higher Education

The U.S. Department of Education (Department) is requesting information in the form of written comments that may include information, research, and suggestions regarding supporting student mental health and/or substance use disorder (behavioral health) needs in higher education. The Office of Postsecondary Education solicits these comments: to identify examples of what has been effective in addressing college student mental health and substance use disorder needs; to learn how institutions of higher education (IHEs) have transformed their campus cultures and created campus-wide, inclusive strategies to provide support; to identify how State higher education agencies have supported college behavioral health; to better understand potential challenges institutions are facing in the design and implementation of solutions; and, ultimately, to inform future work from the Department.

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

Affected Area: Student Affairs, Student Health

Comments Due: 2/25/2024

Agency Information Collection Activities; Comment Request; U.S. Department of Education Build America, Buy America Act (BABAA) Data Collection

In accordance with section 70914 of the Build America Buy America Act (Pub. L. 117–58, Sec. 70901–70953) (BABAA), grantees funded under Department of Education (the Department) programs that allow funds to be used for infrastructure projects (infrastructure programs), i.e., construction and broadband infrastructure, may not use their grant funds for these infrastructure projects or activities unless they comply with the following BABAA sourcing requirements:

1. All iron and steel used in the infrastructure project or activity are produced in the United States.

2. All manufactured products used in the infrastructure project or activity are produced in the United States.

3. All construction materials are manufactured in the United States.

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

Affected Area: Construction Administration

Comments Due: 3/25/2024

Request for Information on Sexual Violence at Educational Institutions

Section 1314 of the Violence Against Women Act (VAWA) Reauthorization Act of 2022, Public Law 117–103, div. W, 136 Stat. 840, 936–38 (2022), requires the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General to establish a joint interagency task force to be known as the “Task Force on Sexual Violence in Education” (hereinafter the Task Force) to provide information and recommendations, solicit information from relevant stakeholders, and create a plan to address sexual violence in education. The Biden-Harris Administration remains committed to preventing and responding to gender-based violence, including sexual violence in education, wherever it occurs and in all of its forms.

Federal Agency: Office of Postsecondary Education and Office of Elementary and Secondary Education, U.S. Department of Education

Affected Area: UAPD, Student Affairs, Student Health, WGRC

Comments Due: 3/11/2024

Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2024-25 Award Year Deadline Dates

The Secretary announces the 2024–25 award year deadline dates for the submission of requests and documents from postsecondary institutions for the Federal Perkins Loan (Perkins Loan) Program, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs (collectively, the “Campus-Based programs”), Assistance Listing Numbers 84.038, 84.033, and 84.007.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

UL LLC: Grant of Expansion of Recognition and Modification to the NRTL Program’s List of Appropriate Test Standards

In this notice, OSHA announces the final decision to expand the scope of recognition for UL LLC, as a Nationally Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the final decision to add thirteen test standards to the NRTL Program’s List of Appropriate Test Standards.

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

Affected Area:

Privacy Act of 1974; System of Records

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

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

Affected Area: Student Financial Aid

Comments Due: 3/4/2024

Agency Information Collection Activities: Requests for Comments; Clearance of Continued Approval of Information Collection: Limited Recreational Unmanned Aircraft Operation Applications

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request Office of Management and Budget (OMB) approval to renew an information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on August 7, 2023. The collection involves information related to recreational flying under the Exception for Limited Recreational Operations of Unmanned Aircraft. The information collected will be used to recognize Community Based Organizations (CBOs), administer an aeronautical knowledge and safety test, establish fixed flying sites, approve standards and limitations for Unmanned Aircraft Systems (UAS) weighing more than 55 pounds, and designate FAA Recognized Identification Areas (FRIAs).

Federal Agency: Federal Aviation Administration (FAA), DOT

Affected Area: EHS

Comments Due: 3/13/2024

Award Management Requirements Circular (C 5010.1) Proposed Updates

FTA proposes an update to its Award Management Requirements Circular (C 5010.1). The proposed circular updates summarize FTA and Federal-wide administrative requirements for financial assistance awards while consolidating pre-existing cross-cutting guidance from previous FTA program circulars and reducing duplicative information repeated in separate circulars. The proposed circular updates also incorporate provisions of the Fixing America’s Surface Transportation (FAST) Act, the Infrastructure Investment and Jobs Act (IIJA), and new or updated administrative requirements from 2 CFR parts 200 and 1201. Additionally, the updates clarify existing policy issues as interpreted and applied by FTA. Furthermore, the circular includes updated FTA policy regarding real property status reporting, the incidental use of FTA-funded project property, and transfer of real property to third party entities for affordable housing. The proposed circular updates also increase the use of graphics, tables, and weblinks to improve clarity. A copy of the proposed updated circular will be placed in the docket, and posted on FTA’s Proposed Circulars web page ( https://www.transit.dot.gov/​regulations-and-guidance/​fta-circulars/​proposed-circulars).

Federal Agency: Federal Transit Administration (FTA), Department of Transportation (DOT)

Affected Area: Contract Administration

Comments Due: 4/15/2024

Items of Interest

ChatGPT violated European privacy laws, Italy tells chatbot maker OpenAI

Italian regulators said they told OpenAI that its ChatGPT artificial intelligence chatbot has violated European Union’s stringent data privacy rules. The country’s data protection authority, known as Garante, said Monday that it notified San Francisco-based OpenAI of breaches of the EU rules, known as General Data Protection Regulation.

Aspiring Accreditor Focuses on Student Outcomes

Accrediting agencies tasked with evaluating U.S. colleges and universities typically focus on metrics related to academics, operations and fiscal health. The nascent Postsecondary Commission aims to offer a different model for determining institutional quality: one centered largely on student outcomes, such as earnings and economic mobility.

Democratizing the future of AI R&D: NSF to launch National AI Research Resource pilot (NSF News)

Today, the U.S. National Science Foundation and collaborating agencies launched the National Artificial Intelligence Research Resource (NAIRR) pilot, a first step towards realizing the vision for a shared research infrastructure that will strengthen and democratize access to critical resources necessary to power responsible AI discovery and innovation.      Partnering with 10 other federal agencies as well as 25 private sector, nonprofit and philanthropic organizations, the NAIRR pilot will provide access to advanced computing, datasets, models, software, training and user support to U.S.-based researchers and educators.

Another ‘Devastating’ FAFSA Delay

Colleges will not receive applicants’ federal aid information until March. They may be forced to push back commitment deadlines, and the delay could discourage low-income students from enrolling.

Survey: How AI Is Impacting Students’ Career Choices

The rise of artificial intelligence is influencing what many students want to study and pursue as a career, according to a new flash survey from Student Voice. Students also say they want to be prepared for AI and the workplace.

Guidance on Salary Limitation for Grants and Cooperative Agreements FY 2024 (NOT-OD-24-057)

The Consolidated Appropriations Act, 2023 restricts the amount of direct salary to Executive Level II of the Federal Executive pay scale. The Office of Personnel Management recently released new salary levels for the Executive Pay Scale. Effective January 1, 2024, the salary limitation for Executive Level II is $221,900.

Grants Management : Action Needed to Ensure Consistency and Usefulness of New Data Standards (GAO-24-106164)

The federal government spent roughly $1.2 trillion on grants in 2022. But it’s hard to track and manage this spending because agencies collect data in different ways. The Grant Reporting Efficiency and Agreements Transparency (GREAT) Act may help—setting standards for agency data collection throughout the government. The Office of Management and Budget and the Department of Health and Human Services identified 540 data elements—such as funding amounts, project dates, and locations—to manage grants. However, more work remains to standardize them and ensure they are useful to stakeholders and Congress.

How Many Casualties Would a Plagiarism War Produce?

If conservatives and liberals start scouring their opponents’ academic publications for stolen ideas or phrases, nobody—even plagiarism experts—knows how much grist they will find.

Draft NIL Legislation Aims to ‘Save College Sports as We Know It’

A House subcommittee is moving forward on a bill that would create national rules of the road to rein in the growing name, image and likeness “Wild West” in college sports.

University Librarians See Urgent Need for AI Ethics (Inside Higher Ed)

Nearly three-quarters of university librarians say there’s an urgent need to address artificial intelligence’s ethical and privacy concerns, a survey finds.

Higher Education in Political Crosshairs as 2024 Election Heats Up

The fight for control of the White House and Congress in 2024 has already seen calls from candidates to fire “radical left” accreditors, end the tax-exempt status of elite universities and defund some colleges. It’s one sign among many that higher education policy, typically a back-burner issue in federal campaigns, could play an unusual role in this year’s elections.

Nomination of Individuals to the Federal Economic Statistics Advisory Committee

The Under Secretary for Economic Affairs requests the nomination of individuals to the Federal Economic Statistics Advisory Committee (FESAC or the Committee). The Under Secretary for Economic Affairs, in coordination with the Directors of the Bureau of Economic Analysis (BEA) and the Census Bureau, as well as the Commissioner of the Department of Labor’s Bureau of Labor Statistics (BLS), will consider nominations received in response to this notice, as well as from other sources.

Education Department Moves New Title IX Rule Forward

The Biden administration has sent its draft regulations overhauling Title IX of the Education Amendments of 1972 to the Office of Management and Budget for review—a key step before the rule can take effect.

The final regulations, which would overhaul how colleges and universities respond to reports of sexual harassment and assault, have been delayed twice and are now slated for release next month. The OMB review can take up to 90 days.

Law Schools Required to Adopt Free Speech Policies

Law schools must adopt free speech policies to maintain their accreditation under a requirement approved by the American Bar Association’s House of Delegates Monday. The new standard requires all law schools to approve written policies that protect the rights of faculty, students and staff to express controversial or unpopular ideas. It also forbids any conduct that limits free expression.

Open science — embrace it before it’s too late (Nature, Editorial)

The ‘open science’ concept is gaining more followers, not least through the efforts of the cultural organization UNESCO. Over the past several years, the organization has been consulting on how science can become more collaborative, transparent, accessible, equitable and inclusive, which are all attributes of open science. And in 2021, it published a  framework for what a genuinely open science could look like….The UNESCO report shines a much-needed light on some promising developments in open science. The challenge will be how to accumulate individual examples of good practice into something similar to a critical mass, so that, in cases such as monitoring the SDGs, they can be harnessed to get the world to where it needs to be.

Professors Cautious of Tools to Detect AI-Generated Writing

Mixed performance by AI-detector tools leaves academics with no clear answers.

SIX DANGEROUS BILLS THAT WOULD CENSOR SPEECH ON CAMPUSES ACROSS THE COUNTRY

It has been a tumultuous few months for higher ed. Responding to low public trust, raucous protest, and rising incidents of both antisemitism and Islamophobia on campus, legislators are doubling down on their yearslong campaign to destabilize academia, censor college classrooms, and wear down the safeguards that help protect academic freedom. Here are six terrible higher education bills we’re tracking right now, including one that has already become law:

Guidance on Salary Limitation for Grants and Cooperative Agreements FY 2024  (NOT-HS-24-006)

This Notice provides information regarding the salary limitation for AHRQ grant and cooperative agreement awards and extramural research and development contract awards… The Consolidated Appropriations Act, 2023 restricts the amount of direct salary to Executive Level II of the Federal Executive pay scale. The Office of Personnel Management recently released new salary levels for the Executive Pay Scale. Effective January 1, 2024, the salary limitation for Executive Level II is $221,900.

Potential Breakthrough on Federal Student Data System

As conversations swirl about how to improve higher education’s return on investment for students and taxpayers, those discussions often return to an issue that has vexed advocates and policymakers—data, or rather, the lack thereof. The federal government has been barred by law since 2008 from creating a new database of student-level information. But advocates for a new system, including both Republican and Democratic members of Congress, say there’s a need for comprehensive information on student outcomes in higher education, citing important gaps in the data that are currently available.

A flurry of research misconduct cases has universities scrambling to protect themselves (STAT)

Over the past decade, the number of research misconduct allegations reported to the National Institutes of Health has more than doubled, climbing from 74 in 2013 to 169 in 2022. And scientific sleuths are finding plenty of other problems that don’t always qualify as outright misconduct.

Policies

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