Compliance Alert – January 2022
- February 1st, 2022
- in Newsletter, Regulations
Legislative Updates
HB30: Under existing law, parents and guardians of children in schools are required to vaccinate their children, with some exceptions. Existing law provides an exception to this requirement for the vaccination of schoolchildren if the parent or guardian objects in writing on grounds that vaccination or testing for illnesses conflicts with his or her religious beliefs, except during an epidemic. This bill would establish the My Child, My Choice Vaccination Act. Last Action: 2022-01-11, to House Health Committee, Hearing not specified.
HB11: Public education, prohibits teaching of divisive concepts relating to race and sex, prohibits classification of students based on race, penalties. Last Action: 2022-01-11, to House Education Policy Committee, Hearing not specified.
HB9: Labor, prohibits state and political subdivisions from teaching divisive concepts relating to race or sex in training, prohibits same for state contractors, Dept. of Labor to review state agency training programs. Last Action: 2022-01-11, to House State Government Committee, Hearing not yet specified.
HB4: Education, prohibit public institutions of higher education from providing support for organizations affiliated with China government. Last Action: 2022-01-11, to House Education Policy Committee, Hearing not specified.
HB139: Appropriations, supplemental appropriations for fiscal year ending September 30, 2022, from the Education Trust Fund Advancement and Technology Fund to various school systems and colleges and universities, and other entities. Last Action: 2022-01-13, to House Ways and Means Education Committee, Hearing not specified.
HB125: Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures. Last Action: 2022-01-13, to House State Government Committee, Hearing not yet specified.
HB59: State holidays, adding Juneteenth as a state holiday, list of state holidays revised, Sec. 1-3-8 am’d. Last Action: 2022-01-11, to House State Government Committee, Hearing not yet specified.
HB60: State holidays, to remove Robert E. Lee’s birthday, list of state holidays revised, Sec. 1-3-8 am’d. Last Action: 2022-01-11, to House State Government Committee, Hearing not yet specified.
HB61: State holidays, removing Confederate Memorial Day and adding Election Day as a state holiday, list of state holidays revised, Sec. 1-3-8 am’d. Last Action: 2022-01-11, to House State Government Committee, Hearing not yet specified.
HB58: State holidays, removing Jefferson Davis’ birthday and adding State Employee Appreciation Day as a state holiday, list of state holidays revised, Sec. 1-3-8 am’d. Last Action: 2022-01-11, to House State Government Committee, Hearing not yet specified.
SB7: Labor, prohibits state and political subdivisions from teaching divisive concepts relating to race or sex in training, prohibits same for state contractors, Dept. of Labor to review state agency training programs. Last Action: 2022-01-11, to Senate Governmental Affairs Committee, Hearing not yet specified.
HB83: Education, Prepaid Affordable College Tuition Program board, may meet electronically, Sec. 16-33C-4.1 am’d. Last Action: 2022-01-11, to House State Government Committee, Hearing not yet specified.
SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-36-60, 16-36-60.1, 16-36-65 am’d. Last Action: 2022-01-11, to Senate Governmental Affairs Committee, Hearing not yet specified.
SB18: Deferred compensation plans, portion of income exempt from income tax, Sec. 40-18-19 am’d. Last Action: 2022-01-11, to Senate Finance and Taxation Education Committee, Hearing not yet specified.
HB135: Education budget, appropriations for the support, maintenance, and development of public education. This bill makes appropriations for the support, maintenance and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2023. Last Action: 2022-01-11, to House Ways and Means Education Committee, Hearing not specified.
HB134: Teachers Retirement System, 30-year service retirement, member contribution rate increased, Secs. 16-25-14, 16-25-21 am’d.N. This bill would modify the retirement benefits for Tier II plan members of the Teachers’ Retirement System by providing 30-year service 11 retirement. This bill would also increase the member contribution rate. Last Action: 2022-01-13, to House Ways and Means Education Committee, Hearing not specified.
Items of Interest
Establishment and Call for Nominations To Serve on the Internet of Things Advisory Board
The Secretary of Commerce (Secretary) established the Internet of Things Advisory Board (IoTAB) in accordance with the requirements of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and in accordance with the Federal Advisory Committee Act, as amended (FACA), The IoTAB shall provide advice to the Internet of Things Federal Working Group on matters related to the Internet of Things as specified below. The IoTAB shall submit to the IoTFWG a report that includes any findings or recommendations related to the specific scope below. The National Institute of Standards and Technology (NIST or Institute) invites and requests nominations of individuals for appointment to the IoTAB. Registered Federal lobbyists may not serve on NIST Federal Advisory Committees in an individual capacity.
Cybersecurity compliance requirements may surprise higher ed
Institutions that work with the federal government are required to maintain certain security controls to protect covered information systems. DOJ is now focusing on universities and research institutions regarding cybersecurity.
White House Clarifies Disclosure Requirements for R&D Funding
A long-anticipated guidance document released by the White House today aims to standardize implementation of research security policies across federal science agencies, including what categories of information scientists will be required to report when applying for grants.
One of America’s most amazing and enviable superpowers is that we are the leading magnet for talented scientists and engineers from around the world. They come to study, to found startups, to lend their energies to U.S. scientific and technology endeavors, to start research labs, and to build ties between cultures, communities, and countries — and they become incredible members of our scientific community. For instance, of this year’s four American winners of the scientific Nobel Prizes, three immigrated to the United States.
Publication of the Revised NIH Grants Policy Statement (Rev. December 2021) for Fiscal Year 2022
The National Institutes of Health (NIH) announces publication of the updated NIH Grants Policy Statement (NIHGPS, rev. December 2021). The NIHGPS provides both up-to-date policy guidance that serves as NIH standard terms and conditions of award for all NIH grants and cooperative agreements, and extensive guidance to those who are interested in pursuing NIH grants.
This update is applicable to all NIH grants and cooperative agreements with budget periods beginning on or after October 1, 2021. This update supersedes, in its entirety, the NIHGPS dated April 2021. Previous versions of the NIHGPS remain applicable as standard terms and conditions of award for all NIH grants and cooperative agreements with budget periods that began prior to October 1, 2021. This update incorporates new and modified requirements, clarifies certain policies, and implements changes in statutes, regulations, and policies that have been implemented through appropriate legal and/or policy processes since the previous version of the NIHGPS dated April 2021.
The requirements set out in the NIHGPS are aligned with 2 CFR Part 200, as implemented for HHS at 45 CFR Part 75, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for HHS Awards. Also refer to NIHs implementation of the federal-wide Research Terms and Conditions (RTCs), available here. The current version of the NIHGPS, in both HTML and PDF formats, as well as previous versions of the NIHGPS and documents summarizing significant changes implemented with each revision, are available here.
NIH will continue to publish interim grants policy changes and/or clarifications through the issuance of NIH Guide Notices, available here. Each Guide Notice describes the policy changes and/or clarifications, including applicability and effective date, and the necessary language to implement the change as a term and condition of award.
Request for Nominations: National Committee on Foreign Medical Education and Accreditation (NCFMEA)
Secretary of Education, Miguel A. Cardona, Ed.D., is seeking nomination(s) of medical experts for appointment to fill six vacant positions for service as a member of the National Committee on Foreign Medical Education and Accreditation (NCFMEA).
Guidance Related to the Foreign Tax Credit; Clarification of Foreign-Derived Intangible Income
This document contains final regulations relating to the foreign tax credit, including the disallowance of a credit or deduction for foreign income taxes with respect to dividends eligible for a dividends-received deduction; the allocation and apportionment of interest expense, foreign income tax expense, and certain deductions of life insurance companies; the definition of a foreign income tax and a tax in lieu of an income tax; the definition of foreign branch category income; and the time at which foreign taxes accrue and can be claimed as a credit. This document also contains final regulations clarifying rules relating to foreign-derived intangible income (FDII). The final regulations affect taxpayers that claim credits or deductions for foreign income taxes, or that claim a deduction for FDII.
Federal Agency: Internal Revenue Service
Affected Area: Tax Office
The U.S. Environmental Protection Agency (EPA) is amending the list of hazardous air pollutants (HAP) under Clean Air Act (CAA) to add 1-bromopropane (1-BP) in response to public petitions previously granted by the EPA. This action amends the list of hazardous air pollutants initially listed under the CAA.
Federal Agency: Environmental Protection Agency (EPA)
Affected Area: EHS
Manual of Regulations and Procedures for Federal Radio Frequency Management
The National Telecommunications and Information Administration (NTIA) is making certain changes to its regulations relating to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency Management (NTIA Manual). Specifically, NTIA is releasing a new edition of the NTIA Manual, with which Federal agencies must comply when requesting use of radio frequency spectrum.
Federal Agency: National Telecommunications and Information Administration
Affected Area: UAPD
Proposed Rules
Schedules of Controlled Substances: Placement of 4-hydroxy-N,N
The Drug Enforcement Administration proposes placing five tryptamine hallucinogens, as identified in this proposed rule, in schedule I of the Controlled Substances Act. 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 five specific controlled substances.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UAPD, UMC Comments Due: 2/14/2022
Notices
As part of its continuing effort to reduce paperwork and respondent burden, FinCEN invites comments on the proposed renewal, without change, of a currently approved information collection found in existing Bank Secrecy Act regulations. Specifically, the regulations authorize the Secretary of the Treasury, as appropriate, to promulgate regulations requiring specified financial institutions to file reports with the Financial Crimes Enforcement Network of certain transactions with designated foreign financial agencies. Although no changes are proposed to the information collection itself, this request for comments covers a future expansion of the scope of the annual hourly burden and cost estimate associated with these regulations. This request for comments is made pursuant to the Paperwork Reduction Act of 1995.
Federal Agency: Financial Crimes Enforcement Network
Affected Area: Financial Accounting and Reporting
Comments Due: 3/14/2022
Certain New Chemicals or Significant New Uses; Statements of Findings for September 2021
The Toxic Substances Control Act (TSCA) requires EPA to publish in the Federal Register a statement of its findings after its review of certain TSCA notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA. This document presents statements of findings made by EPA on such submissions during the period from September 1, 2021 to September 30, 2021.
Federal Agency: Environmental Protection Agency (EPA)
Affected Area: EHS
Information Collection; Subcontracting Plans
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 subcontracting plans. 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 March 31, 2022. 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: Procurement
Comments Due: 3/14/2022
Information Collection; Certain Federal Acquisition Regulation Part 22 Labor Requirements
This clearance covers the information that offerors and contractors must submit to comply with the following FAR requirements:
FAR 52.222-2, Payment for Overtime Premiums. This clause requires the contractor to request authorization for overtime premiums costs that exceed the amount negotiated in the contract. The request shall include information on the affected work unit current staffing and workload, how a denial of the request would impact performance on the instant contract or other contracts, and reasons why the work cannot be performed by using multishift operations or by employing additional personnel. Contracting officers uses this information to evaluate whether the overtime is necessary.
FAR 52.222-6, Construction Wage Rate Requirements, and the Standard Form (SF) 1444. This clause requires the contractor to establish additional classifications, if any laborer or mechanic is to be employed in a classification that is not listed in the wage determination applicable to the contract. In such cases, the contractor is required to complete and submit an SF 1444, Request for Authorization of Additional Classification and Rate, along with other pertinent data, containing the proposed additional classification and minimum wage rate including any fringe benefits payments. The contracting officer submits the SF 1444 to the DOL Wage and Hour Division with a request for conformance review to determine the appropriateness of the request.
FAR 52.222-11, Subcontracts (Labor Standards), and the SF 1413. This clause requires contractors to submit an SF 1413, Statement and Acknowledgment, for each subcontract for construction within the United States, including the subcontractor’s signed and dated acknowledgment that the required labor clauses necessary to implement various labor statutes have been included in the subcontract. Contracting officers review the information on the form to ascertain whether contractors have included the required labor clauses in their subcontracts.
FAR 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products. This provision (and its commercial equivalent in the provision at 52.212-3) requires the offeror, as part of its annual representations and certifications, to either certify in paragraph (c)(1) that it will not supply an end product of a type identified on the Department of Labor (DOL) List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor ( https://www.dol.gov/agencies/ilab ), or certify in paragraph (c)(2) that it has made a good faith effort to determine whether such child labor was used to mine, produce, or manufacture such end product, and is unaware of any such use of child labor. This information is used by Government to ensure that a good faith effort has been made to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product on the List furnished under the contract.
FAR 52.222-33, Notice of Requirement for Project Labor Agreement. When a project labor agreement (PLA) (a pre-hire collective bargaining agreement described in 29 U.S.C. 158(f)) is required for a large-scale construction contract, this provision requires the offeror to submit a copy of a PLA at the time offers are due, prior to award, or after contract award as determined by the agency. During the evaluation of offers on a construction contract, the contracting officer reviews the offeror’s PLA to determine if it conforms with all statutes, regulations, and Executive Orders.
FAR 52.222-34, Project Labor Agreement. When a PLA is required for a construction contract, this clause requires the contractor to maintain the PLA in a current state throughout the life of the contract. This recordkeeping requirement is necessary for the Government to ensure that the contractor stays a party to the PLA during the life of the construction contract.
FAR 52.222-46, Evaluation of Compensation for Professional Employees. This provision requires offerors to submit for evaluation a total compensation plan setting forth proposed salaries and fringe benefits for professional employees working on the contract. The Government will use this information to determine if professional employees are compensated fairly and properly. Plans indicating unrealistically low professional employees’ compensation may be assessed adversely as one of the factors considered in making a contract award.
Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: HR Construction Admin
Comments Due: 3/14/2022
This is a request for an extension of the current information collection for Form 1845-0132. The U.S. Department of Education (ED) continues to require the collection of this information from borrowers who believe they have cause to request the borrower defense to loan repayment forgiveness of a student loan as noted in regulation in 1998 Reauthorization of the Higher Education Act (HEA) (Sec. 455(h)). This burden continues to be necessary to ensure Heald, Everest and/or WyoTech College borrowers who wish to invoke the borrower defense against repayment of federal student loans can do so in a uniform and informed manner.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid, Student Account Services
Comments Due: 2/9/2022
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Student Assistance General Provisions-Annual Fire Safety Report
The Department of Education regulations at 34 CFR 668.49 require institutions to collect statistics on fires occurring in on-campus student housing facilities, including the number and cause of each fire, the number of injuries related to each fire that required treatment at a medical facility, the number of deaths related to each fire, and the value of property damage caused by each fire. Institutions must also publish an annual fire safety report containing the institution’s policies regarding fire safety and the fire statistics information. Further institutions are required to maintain a fire log that records the date, time, nature, and general location of each fire in on-campus student housing facilities. Due to the effects of the COVID-9 pandemic, the Department lacks sufficient data to allow for more accurate updates to the usage of these regulations. This request is for an extension without change to the reporting requirements contained in the regulations. The collection requirements in the regulations are necessary to meet institutional information reporting to students and staff as well as for reporting to Congress through the Secretary.
Federal Agency: Federal Student Aid, Department of Education (ED)
Affected Area: UAPD, EHS
Comments Due: 2/9/2022
The Department of Labor’s (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed revision to the information collection request (ICR) titled “H-2B Foreign Labor Certification Program,” and related information collection and retention requirements (OMB Control Number 1205-0509), which covers Forms ETA-9142B, ETA-9142B, Appendices A, B, C, and D, ETA-9142B, Final Determination, ETA-9165, ETA-9155, H-2B Seafood Industry Attestation, and related form instructions. This action seeks to revise the Form ETA-9142B and its instructions, revise the Form ETA-9142B Appendix D, and make a change to the Form ETA-9155 and its instructions to conform to changes made to the Form ETA-9142B. This action seeks to extend without change to the remaining forms in the information collection. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Federal Agency: Employment and Training Administration, Department of Labor
Affected Area: HR
Comments Due: 3/14/2022
The Department of Labor’s (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed authority to conduct the new information collection request (ICR) titled, “Federal Pell Grants and the Payment of Unemployment Benefits to Individuals in Approved Training.” This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Federal Agency: Employment and Training Administration
Affected Area: Student Financial Aid, Student Account Services
Comments Due: 3/14/2022
The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announces the opening of a docket to obtain comment on a draft policy statement regarding Biosafety Level 4 (BSL-4)/Animal Biosafety Level 4 (ABSL-4) verification requirements. The policy statement, once finalized, will assist individuals and entities in verifying that the facility design parameters and operational procedures, including heating, ventilation, and air conditioning (HVAC) systems, in BSL-4 and/or ABLS-4 laboratories are functioning as intended to meet the biosafety sufficiency requirement in the HHS/CDC select agent regulations.
Federal Agency: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS)
Affected Area: EHS, ORED
Comments Due: 3/21/2022
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the renewal of two information collections as required by the Paperwork Reduction Act of 1995 (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning the renewal of its information collections titled, “Request for a Religious Exception to the COVID-19 Vaccine Requirement;” and “Request for a Medical Exception to the COVID-19 Vaccine Requirement.”
Federal Agency: Office of the Comptroller of the Currency (OCC), Treasury
Affected Area: HR
Comments Due: 3/21/2022