Final Rules
On March 1, 2024, the Department of Health and Human Services published a final rule to improve childcare access, affordability, and stability in the Child Care and Development Fund. Some amendments in the final rule could not be incorporated due to technical inaccuracies in the instructions. Additionally, that document inadvertently failed to update certain amended cross-references. This document makes technical changes to correct the final regulations.
Federal Agency: Office of Child Care (OCC), Administration for Children and Families (ACF), Department of Health and Human Services (HHS)
Affected Area: CDRC
Enforcement of Copyrights and the Digital Millennium Copyright Act
This document adopts as final, with some changes, proposed amendments to the U.S. Customs and Border Protection (CBP) regulations pertaining to importations of merchandise that violate or are suspected of violating the copyright laws, including the Digital Millennium Copyright Act (DMCA), in accordance with title III of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA). The amendments set forth in this document clarify the definition of “piratical articles,” simplify the detention process involving goods suspected of violating the copyright laws and prescribe new regulations enforcing the DMCA.
Federal Agency: U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury
Affected Area: Copyright Office
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2024 that increases the statutory fee limit for architect and engineering services.
Federal Agency: Defense Acquisition Regulations System, Department of Defense (DoD)
Affected Area: Procurement
On October 2, 2023, the Federal Emergency Management Agency (FEMA) published a notice of proposed rulemaking (NPRM) and supplementary policy that proposed to implement the Federal Flood Risk Management Standard (FFRMS) and update the agency’s 8-step decision-making process for floodplain reviews by changing how FEMA defines a floodplain with respect to certain actions and how FEMA uses natural systems, ecosystem processes, and nature-based approaches when developing alternatives to locating a proposed action in the floodplain. After a careful review of the public comments received, FEMA is now issuing a final rule that implements the proposed rule, with some minor amendments.
Federal Agency: Federal Emergency Management Agency, Department of Homeland Security
Affected Area: Campus Development
Proposed Rules
Financial Assistance Regulations-Conflict of Interest and Conflict of Commitment Policy Requirements
The Department of Energy (DOE or Department) is proposing to amend its Financial Assistance Regulations to establish conflict of interest and conflict of commitment policies and requirements for non-federal entities applying for or receiving financial assistance awards from the Department, and to implement and standardize certain disclosure requirements applicable to financial assistance applications and awards, including responsibilities, general rules, and procedures for non-federal entities to identify, evaluate, resolve, and report conflicts of interest, conflicts of commitment, and organizational conflicts of interest, in financial assistance applications and awards.
Federal Agency: Department of Energy
Affected Area: ORED, CERA
Comments Due: 8/19/2024
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2021 that defines the term “material weakness” for Government evaluation of contractor business systems. The term “material weakness” replaces the term “significant deficiency.”
Federal Agency: Defense Acquisition Regulations System, Department of Defense (DoD)
Affected Area: Procurement, Grant Accounting
Comments Due: 8/26/2024
Notices
The Federal Pell Grant (Pell Grant) program is a student financial assistance program authorized under the Higher Education Act of 1965, as amended (HEA). The program provides grant assistance to an eligible student attending an institution of higher education. The institution determines the students award and disburses program funds on behalf of the Department of Education (the Department). Institutions are required to report student Pell Grant payment information to the Department electronically. Electronic reporting is conducted through the Common Origination and Disbursement (COD) system. The COD system is used by institutions to request, report, and reconcile grant funds received from the Pell Grant program. The Department uses the information collected in the COD system to aid in ensuring compliance with fiscal and administrative requirements under the HEA for the Pell Grant program and under 34 CFR 690 for the Pell Grant program regulations. This is a request for an extension of the current information collection.
Federal Agency: Department of Education
Affected Area: Financial Aid
Comments Due: 7/17/2024
Request for Information on the National Institutes of Health Draft Public Access Policy
On August 25, 2022, the Office of Science and Technology Policy (OSTP) released updated policy guidance (2022 OSTP Memorandum [3] ) in an effort to further promote equity, advance trust in science, and continue to advance American scientific leadership. Following the 2022 OSTP Memorandum, NIH released its Plan to Enhance Public Access to the Results of NIH-Supported Research (hereinafter “NIH Public Access Plan” or “Plan”) in February 2023.[4] The NIH Public Access Plan provided a roadmap for how NIH proposed to accelerate access to scholarly publications, consistent with the expectation to remove the currently allowable 12-month embargo period before public availability. Informed by public comments in response to the Plan, the NIH Draft Public Access Policy accommodates novel elements of the 2022 OSTP Memorandum related to scholarly publications.
Federal Agency: National Institutes of Health
Affected Area: CCHS
Comments Due: 8/19/2024
Tests Determined To Be Suitable for Use in the National Reporting System for Adult Education
The Secretary announces tests, test forms, and delivery formats that the Secretary determines to be suitable for use in the National Reporting System for Adult Education (NRS). This notice relates to the approved information collections under OMB control numbers 1830-0027 and 1830-0567.
Federal Agency: Department of Education
Affected Area: College of Education
The Secretary announces the list of applicable CIP codes for qualifying graduate programs that have an extended earnings measurement period under the Financial Value Transparency and Gainful Employment regulations.
Federal Agency: Department of Education
Affected Area: Graduate School, Student Financial Aid
These forms serve as the means by which borrowers in the William D. Ford Federal Direct Loan (Direct Loan), Federal Family Education Loan (FFEL) and the Federal Perkins Loan (Perkins Loan) Programs may request deferment of repayment on their loans if they meet certain statutory and regulatory criteria. The U.S. Department of Education and other loan holders uses the information collected on these forms to determine whether a borrower meets the eligibility requirements for the specific deferment type being submitted. For greater simplicity and to make it easier to maintain consistency among the various forbearance forms, the Department is consolidating all the current forbearance forms into a single collection under OMB No. 1845-0011. This collection is merging the six currently approved deferment forms in 1845-0011 with the military deferment form currently approved under 1845-0080 and the cancer treatment deferment form currently approved under 1845-0154.
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Comments Due: 8/30/2024
Meeting, National Advisory Committee on Institutional Quality and Integrity
This notice sets forth the agenda, time, and instructions to access or participate in the August 6-8, 2024, hybrid meeting of NACIQI, and provides information to members of the public regarding the meeting, including requesting to make written or oral comments. Committee members will meet in-person while accrediting agency representatives and public attendees will participate virtually. The notice of this meeting is required under U.S.
Federal Agency: National Advisory Committee on Institutional Quality and Integrity (NACIQI or Committee), Office of Postsecondary Education, Department of Education
Affected Area: Accreditation
Increase in Maximum Tuition and Fee Amounts Payable Under the Post-9/11 GI Bill
The purpose of this notice is to inform the public of the increase in the Post-9/11 GI Bill maximum tuition and fee amounts payable and the increase in the amount used to determine an individual’s entitlement charge for reimbursement of a licensing, certification, or national test for the 2024-2025 academic year (AY), effective August 1, 2024 through July 31, 2025.
Federal Agency: Department of Veterans Affairs
Affected Area: Student Financial Aid, Student Account Services, Office of Veterans and Military Affairs
The U.S. Department of Education (the Department) is authorized to accept Federal Perkins Loan (Perkins Loan) Program assignments under section 463(a)(5) of the Higher Education Act of 1965, as amended. Institutions participating in the Perkins Loan program, including loans made under the National Direct/Defense Student Loan Program (NDSL), use the form (OMB Control Number 1845-0048) to assign loans to the Department for collection without recompense. This request is for approval of the assignment form which allows for assignment of Perkins Loans either individually or in a batch format, utilizing either the paper based or electronic filing format.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 8/2/2024
Items of Interest
Education Department Finds Michigan, CUNY Failed to Follow Title VI
Resolution agreements announced Monday are the first regarding campus antisemitism, anti-Muslim and anti-Arab bias since Oct. 7. The findings signal how institutions across the country can comply with federal law.
Trustees Vote to Dissolve University of Kentucky Senate
The university Senate, which is more than a century old, is composed of faculty members who previously had the power to approve or reject new academic programs and courses. But as a result of Friday’s vote, the body will take on an advisory role, shifting the policy-setting power to President Eli Capilouto and other administrators.
Florida Argues It Could Stop Professors From Criticizing Governor
A nationally prominent conservative lawyer, hired to defend the state’s Stop WOKE Act, asserted that what public university professors say in classrooms “is the government’s speech.” The national implications for academic freedom could be dire.
Murky Guidelines on Using AI Recording Devices in Classrooms
Concerns about privacy and access mount as more colleges and students use the devices. Experts say the technology should be embraced using “common-sense” guidelines.
In accordance with the Federal Advisory Committee Act, the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Board of Scientific Counselors, National Center for Injury Prevention and Control (BSC, NCIPC). The BSC, NCIPC consists of up to 18 experts in pertinent disciplines involved in injury, overdose, and violence prevention.
Federal Judges Put Biden’s New Loan Repayment Plan on Hold
Two federal judges on Monday dealt different blows to the administration’s generous income-driven loan repayment plan. What does that mean for borrowers awaiting relief?
MIT Releases Guide for Responsible AI Use in Higher Ed
Generative artificial intelligence holds “tremendous promise” in every facet of higher education, but there need to be guardrails, policies, and strong governance for the technology, according to a new MIT report.
Marijuana No Longer Banned for Some NCAA Athletes
The NCAA has removed marijuana from its banned drugs list for Division I college football championships and postseason, Spectrum News reported. (Individual universities have their own drug policies that apply during the regular season, but NCAA rules take over in postseason competition.)
The U.S. Supreme Court on Friday overruled a 40-year-old precedent known as Chevron deference, which may have far-reaching effects for higher education.
Supreme Court Decision Weakens Education Department
After the justices struck down a 40-year precedent last week, experts warn of chaos for higher education amid doubts about the future of Title IX and gainful employment, among other policies.
A Nonprofit Says Colleges Spend Big on DEI. Is It ‘Wildly’ Overstating the Case?
American Transparency publishes spending investigations under the moniker OpenTheBooks but does not say where it gets its own money. Its definitions of DEI positions are too broad, says one targeted university.
Rules Banning Transcript Holds, Expanding Overtime Now in Effect
A suite of new regulations governing higher education took effect Monday. Here is what you should know about the key measures now in place—and the legal challenges they face.
Is your research a trade secret? South Korean data-sharing case is a wake-up call
As science becomes more globalized, researchers must safeguard sensitive data from inadvertent legal breaches.
Strengthening Accountability in the Federal Government: GAO Issues Draft Updates to “Green Book”
As part of its ongoing efforts to help federal managers improve accountability in achieving agencies’ missions, the U.S. Government Accountability Office (GAO) issued proposed revisions to Standards for Internal Control in the Federal Government, also known as the Green Book. The Green Book provides the overall framework for establishing and maintaining an effective internal control system that helps management adapt to shifting environments, evolving demands, changing risks, and new priorities. GAO invites public comments on this exposure draft.
A Florida Law Has Nearly Killed Campus Voter Registration Drives
After a 2023 measure increased penalties for making errors when registering voters, some student groups have decided the risk of doing so is too high.
Renowned Tech Analyst Urges Higher Ed Leadership in AI
Tech analyst and venture capitalist Mary Meeker is focusing on higher ed and AI in her new report.
Universities Investing in Microcredential Leadership
Microcredentials—also known as digital badges, credentials, certificate, or alternative credentials—grew in popularity during the COVID-19 pandemic. Now they are attracting renewed interest as institutions look to widen their nets for nontraditional students as an enrollment cliff looms.
Coons and Tillis Letter Pushes GAO for Information on Burdens of Bayh-Dole Reporting Requirements
On June 26, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) sent a letter addressed to the Honorable Gene Dodaro, Comptroller General of the United States, asking the U.S. Government Accountability Office (GAO) to complete a report by the end of this year on barriers faced by universities and private businesses under invention reporting requirements mandated by the Bayh-Dole Act. This letter is the latest effort by the Chair and Ranking Member of the Senate IP Subcommittee to reduce commercialization barriers for inventions developed with federal funding as the Biden Administration continues to contemplate the use of march-in rights to force non-exclusive licensing agreements for those same inventions.
The College Board’s FAFSA Takeover
The embattled Federal Student Aid office enlisted executives from the nonprofit to help launch next year’s aid form. Is it a necessary shake-up or an ethical blunder?
Request for Nominations for the Clean Air Scientific Advisory Committee (CASAC) Ozone Panel
The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts for the CASAC Ozone Panel. This panel will provide advice through the chartered CASAC on the scientific and technical bases for the agency’s review of the ozone National Ambient Air Quality Standards (NAAQS).
Comments Due: 7/31/2024
Project 2025 Would Radically Overhaul Higher Ed. Here’s How.
The sweeping conservative blueprint for a second Trump administration would dismantle the Education Department, privatize student loans, and end all ongoing Title IX investigations. Critics say it is a road map to authoritarianism.
Policies
| Posting Date | Department | Contact | Name | Effective Date | Summary |
|---|---|---|---|---|---|
| 7/2/2024 | ORED | Lauren Wilson | Conflict of Interest Financial Disclosure in Research and Other Sponsored Programs Policy | 7/2/2024 | Revised Policy: The policy was revised to maintain consistent language throughout the policy and clarify wording. |
| 7/9/2024 | Human Resources | Susan Norton | Staff Progressive Discipline Policy | 7/9/2024 | Revised Policy: The policy was revised to included updated language and clarify actions to be taken at each stage. |