Compliance Alert – January 2024
- January 30th, 2024
- in Compliance, Newsletter
Legislative Updates
The 2024 Legislative will begin in February 2024. Staff is monitoring Legi Scan for items related to Higher Education.
Final Rules
Revisions to Civil Penalty Amounts, 2024
This final rule provides the statutorily prescribed 2024 adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.
Federal Agency: Department of Transportation
Affected Area: UMC, UAPD
This rule amends the United States Department of Justice (“DOJ” or “Department”) Privacy Act implementation regulations, including its Privacy Act record access and amendment procedures. Additionally, this rule includes procedures regarding processing Privacy Act requests to access or amend covered records, as designated under the Judicial Redress Act of 2015, and expands protections on the Department’s maintenance of Social Security account numbers, in accordance with the Social Security Number Fraud Prevention Act of 2017.
Federal Agency: Department of Justice
Affected Area: HR
Employee or Independent Contractor Classification Under the Fair Labor Standards Act
The U.S. Department of Labor (the Department) is modifying Wage and Hour Division regulations to replace its analysis for determining employee or independent contractor classification under the Fair Labor Standards Act (FLSA or Act) with an analysis that is more consistent with judicial precedent and the Act’s text and purpose.
Federal Agency: Department of Labor
Affected Area: HR
Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2024
The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department’s 2024 annual adjustments for inflation to its civil monetary penalties.
Federal Agency: Employment and Training Administration, Office of Workers’ Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor
Affected Area: Legal
Proposed Rules
Controlled Substance Destruction Alternatives to Incineration; Extension of Comment Period
The Drug Enforcement Administration (DEA) published an advance notice of proposed rulemaking entitled “Controlled Substance Destruction Alternatives to Incineration” in the Federal Register on October 31, 2023. DEA is extending the comment period on that advance notice until April 1, 2024.
Federal Agency: Drug Enforcement Administration, Department of Justice
Affected Area: UMC, UAPD
Comments Due: 4/1/2024
Definition of “Employer”-Association Health Plans
This document proposes to rescind the Department of Labor’s (Department or DOL) 2018 rule entitled “Definition of Employer—Association Health Plans” (2018 AHP Rule). The 2018 AHP Rule establishes an alternative set of criteria from those set forth in the Department’s pre-rule guidance for determining when a group or association of employers is acting “indirectly in the interest of an employer” under section 3(5) of the Employee Retirement Income Security Act of 1974 (ERISA) for purposes of establishing an association health plan (AHP) as a multiple employer group health plan. The 2018 AHP Rule’s alternative criteria were set aside in large part by the U.S. District Court for the District of Columbia in New York v. United States Department of Labor. The district court found the bona fide association and working owner provisions in the rule to be an unreasonable interpretation of ERISA, inconsistent with congressional intent that ERISA applies to employee benefits arising out of employment relationships. The Department, after further review of the relevant statutory language, judicial decisions, and pre-rule guidance, and further consideration of ERISA’s statutory purposes and related policy goals, now proposes to rescind in full the 2018 AHP Rule in order to resolve and mitigate any uncertainty regarding the status of the standards that were set under the 2018 AHP Rule, allow for a reexamination of the criteria for a group or association of employers to be able to sponsor an AHP, and ensure that guidance being provided to the regulated community is in alignment with ERISA’s text, purposes, and policies.
Federal Agency: Employee Benefits Security Administration, Department of Labor
Affected Area: HR
Comments Due: 2/20/2024
Advanced Impaired Driving Prevention Technology
This document initiates rulemaking that would gather the information necessary to develop performance requirements and require that new passenger motor vehicles be equipped with advanced drunk and impaired driving prevention technology through a new Federal Motor Vehicle Safety Standard (FMVSS). In this document, NHTSA presents its various activities related to preventing drunk and impaired driving and discusses the current state of advanced impaired driving technology. NHTSA also asks many questions to gather the information necessary to develop a notice of proposed rulemaking on advanced drunk and impaired driving technology.
Federal Agency: National Highway Traffic Safety Administration (NHTSA), Department of Transportation
Affected Area: Transportation
Comments Due: 3/5/2024
This proposed rule seeks to change the FAR so that the two systems will be in closer alignment where appropriate, and incorporates existing practices within the suspension and debarment systems that are not currently in the FAR. The intent behind this alignment is to enhance transparency and consistency within the Government’s suspension and debarment procedures.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: Procurement
Comments Due: 3/11/2024
Education Department General Administrative Regulations and Related Regulatory Provisions
The last major update to EDGAR was in 2013. Given that EDGAR serves as the foundational set of regulations for the Department, we have reviewed EDGAR, evaluated it for provisions that, over time, have become outdated, unnecessary, or inconsistent with other Department regulations, and identified ways in which EDGAR could be updated, streamlined, and otherwise improved. Specifically, we propose to amend parts 75, 76, 77, 79, and 299 of title 34 of the Code of Federal Regulations. These changes are detailed in the Summary of Major Provisions of this Regulatory Action and the Significant Proposed Regulations section of this document.
Federal Agency: Department of Education
Affected Area: Academic Affairs, College of Education
Comments Due: 2/26/2024
Notices
The Department of Education (Department) requested emergency processing for this information collection, 1845–0179, Process for FSA ID Account Creation for Individuals without a Social Security Number in Connection with Person Authentication Service (PAS); and therefore, is requesting the 60-day public comment period for the full ICR. Applicants, parents, and borrowers establish an FSA ID, which includes a username and password. The FSA ID is used for the purposes of verifying the identity of the user; allowing users to establish an account with FSA; safeguarding their personally identifiable and financial information; signing applications and loan related documents; providing users access to their information and applications; allowing users to customize or update their accounts with FSA; renewing or revoking a user’s account with FSA; and supporting the Federal Student Aid Information Center (FSAIC) help desk functions.
Comments Due: 2/26/2024
- 1405–0214, DS–5513, Supplemental Questionnaire to Determine Entitlement for a U.S. Passport: The primary purpose for soliciting this information is to establish entitlement for a U.S. Passport Book or Passport Card. The information may also be used in connection with issuing other travel documents or evidence of citizenship, and in furtherance of the Secretary’s responsibility for the protection of U.S. nationals abroad and to administer the passport program.
- 1405–0215, DS–5520, Supplemental Questionnaire to Determine Identity for a U.S. Passport: The primary purpose for soliciting this information is to establish identity for a U.S. Passport Book or Passport Card. The information may also be used in connection with issuing other travel documents or evidence of citizenship, and in furtherance of the Secretary’s responsibility for the protection of U.S. nationals abroad and to administer the passport program.
Federal Agency: State Department
Affected Area: Campus
Comments Due: 2/26/2024
The FAA is seeing increased complexity of small unmanned aircraft systems (sUAS) operation flying under 14 CFR part 107. Under 14 CFR 107.205, operators of small UAS continue to request waivers from certain operational rules. In 2018, the FAA updated and modernized the process for applying for such waivers by introducing the FAA Drone Zone website. These improvements have facilitated the process of collecting and submitting the information required as part of a waiver application. In 2021, recognizing the demand to expedite the integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS), the FAA revised the regulatory framework for safely integrating UAS into routine NAS operations. The was accomplished by publishing the “Operation of Small Unmanned Aircraft Systems Over People” rule in January 2021, which permitted routine operations of small unmanned aircraft over people and at night under certain conditions. This change significantly decreased the waiver requests for such operations by over 55%. The reporting burdens for operational waiver applications are currently covered by Information Collection Request (ICR) 2120–0768. As part of this effort, the FAA is renewing this ICR, for operational waiver applications only. In order to process operational waiver requests, the FAA requires the operator’s name, the operator’s contact information, and information related to the date, place, and time of the requested small UAS operation. Additional information is required related to the proposed waiver and any necessary mitigations. The FAA will use the requested information to determine if the proposed UAS operation can be conducted safely. This information is necessary for the FAA to meet its statutory mandate of maintaining a safe and efficient national airspace. See 49 U.S.C. 40103, 44701 and 44807.
Federal Agency: Federal Aviation Administration (FAA), DOT
Affected Area: EHS
Comments Due: 3/4/2024
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 a revision concerning certain Federal Acquisition Regulation part 36 construction contract requirements. 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: Procurement
Comments Due: 3/5/2024
Draft Plan for Providing Public Access to the Results of Federally Funded Research
The United States Census Bureau seeks comments on the Draft U.S. Census Bureau Plan for Providing Public Access to Results of Federally Funded Research. The Census Bureau is taking steps to make its scientific data and publications more readily available and accessible by the public, as directed in an August 2022 Memorandum from the Office of Science and Technology Policy (OSTP). The Census Bureau’s Public Access Plan applies to the results of research funded wholly or in part by the Census Bureau, presented in peer-reviewed scholarly publications including book chapters and peer-reviewed conference proceedings as appropriate, and scientific data as defined in the OSTP Memo. The document outlines the Census Bureau’s plan for implementing new requirements to manage the public access of scientific data and publications. Public comments received on the Public Access Plan will inform Census Bureau as it develops policies and procedures to implement the Plan.
Federal Agency: Census Bureau, Department of Commerce
Affected Area: ORED
Comments Due: 3/12/2024
The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions.
Federal Agency: Office of Finance and Operations (OFO), Department of Education (ED)
Affected Area: Office of the Registrar
Comments Due: 3/12/2024
Items of Interest
Recruitment of First Responder Network Authority Board Members
The National Telecommunications and Information Administration (NTIA) issues this Notice to initiate the annual process to seek expressions of interest from individuals who would like to serve on the Board of the First Responder Network Authority (FirstNet Authority Board or Board). The term of 11 of the 12 non-permanent members to the FirstNet Authority Board will be available for appointment or reappointment in 2024.
Comments Due: 2/2/2024
Census Scientific Advisory Committee; Request for Nominations
The Bureau of the Census (Census Bureau) requests nominations of individuals to the Census Scientific Advisory Committee (CSAC or Committee). The Census Bureau will consider nominations received in response to this notice, as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides Committee and membership criteria.
Comments Due: 2/2/2024
American Schools and Foreign Money
Congress is debating how to address the intellectual corruption of America’s elite universities, and one idea is to require that academic institutions disclose funding from U.S. adversaries.
Education Dept. Outlines Possible Changes in Accreditation, Distance Education, Other Rules
Tuesday’s announcement of the issue papers and list of negotiators who will review the department’s proposals is the latest step in a lengthy process known as negotiated rule making. This round of rule making kicked off in April 2023. A committee representing 15 constituent groups will meet next week, from Jan. 8 to 11, to review the department’s proposals on accreditation, state authorization, distance education, return of Title IV funds and cash management.
Cybersecurity: OMB Should Improve Information Security Performance Metrics
We reviewed how 23 civilian federal agencies implemented the Federal Information Security Modernization Act of 2014. Their implementation continued to be mostly ineffective. For example, inspectors general found that only 8 of 23 agencies had effective security programs in FY 2022.
Agency officials identified practices—such as commitment from leadership—that could make the security programs more effective. Agencies and IGs also suggested FISMA metrics need to be tied to performance goals, account for workforce issues, and include risk. Our 2 recommendations address this issue. Ensuring the cybersecurity of the nation is on our High Risk List.
House Investigations of Harvard, Others Mark a ‘Watershed Moment’
Deep-diving probes into antisemitism, plagiarism and university leaders signal a dangerous new era in congressional oversight, experts and scholars say. Some see echoes of McCarthyism.
Policies
| Posting Date | Department | Contact | Name | Effective Date | Summary |
|---|---|---|---|---|---|
| 1/3/2024 | Office of Information Technology | Taylor Anderson | Terms of Use of University Technology Resources | 1/3/2024 | Revised Policy: The policy is now shorter and easier to read. Since so many services go beyond the limits of accounts, this policy also changes to a concept of “University Technology Resources” which includes electronic accounts, devices, networks, applications, cloud services, data, information systems, and all information composed, transmitted, accessed, received, or stored by these resources. The policy also more clearly spells out more clearly that activity on our resources is monitored and logged. Consistent with UAB and UAH, the rewrite also includes a transition to minimum security standards and best practices for users traveling with equipment. |
| 1/5/2024 | Financial Accounting and Reporting | Charles Poole | Capitalization Policy | 1/5/2024 | Revised Policy: This policy was updated to address GASB 87 Leases and GASB 96 Subscription Based IT Agreements. |