Compliance Alert – June 2023
- June 26th, 2023
- in Compliance, Newsletter
Legislative Updates
Legislation passed and adopted this Legislative session.
HB152 Relating to public institutions of higher education; to add Section 16-22-1.1 to the Code of Alabama 1975; to authorize public institutions of higher education that employ campus police officers to also employ reserve police officers; and to specify the qualifications and duties of reserve campus police officers.
HB261 Relating to two-year and four-year public institutions of higher education; to amend Section 16-1-52, Code of Alabama 1975, to prohibit a biological male from participating on an athletic team or sport designated for females; to prohibit a biological female from participating on an athletic team or sport designated for males; to prohibit adverse action against a public K-12 school or public two-year or four-year institution of higher education for complying with this act; to prohibit adverse action or retaliation against a student who reports a violation of this act; and to provide a remedy for any student who suffers harm as a result of a violation of this act.
SB67 Relating to the Alabama National Guard; to amend Sections 31-10-2, 31-10-3, and 31-10-4.1, Code of Alabama 1975, relating to educational benefits for qualified active members; to limit the amount of private tuition reimbursed to eligible guard members to the highest tuition of any public institution in the state; to clarify the law relating to stackable undergraduate credentials; and to repeal Article 2, commencing with Section 31-10-20, of Chapter 10 of Title 31 of the Code of Alabama 1975, relating to supplemental educational assistance benefits.
SB87 To make supplemental appropriations for the fiscal year ending September 30, 2023, from the Education Trust Fund to various agencies and entities a total amount of $2,787,667,309.
SB101 To amend Sections 29-9-2, 29-9-3, and 29-9-4, Code of Alabama 1975, as last amended by Acts 2022-139 and 2022-358 of the 2022 Regular Session, relating to the Education Trust Fund Rolling Reserve Act, to provide additional definitions; to provide further for annual Education Trust Fund appropriations; to provide further for the distribution of revenues received in excess of appropriations; to create the Educational Opportunities Reserve Fund and provide for the funding and appropriations from the fund; and to repeal obsolete Section 29-9-2.1 of the Code of Alabama of 1975.
SB175 To establish the ReEngage Alabama Grant Program; to provide grant award payments to eligible adult learners; to provide eligibility standards, and to provide for administration by the Alabama Commission on Higher Education.
SB176 To create the Students Right to Know Act of 2023; to require the Alabama Commission on Higher Education to collect data and create an interactive online tool for students for use in making informed decisions relating to education and professions; and to require the commission and Workforce Division of the Department of Commerce to share data and information as necessary to comply with this act.
Final Rules
The DEA, jointly with the Substance Abuse and Mental Health Services Administration (SAMHSA), is issuing this temporary rule to extend certain exceptions granted to existing DEA regulations in March 2020 as a result of the COVID–19 Public Health Emergency (COVID–19 PHE), in order to avoid lapses in care for patients. Ultimately, there will be a final set of regulations permitting the practice of telemedicine under circumstances that are consistent with public health, safety, and effective controls against diversion.
Federal Agency: Drug Enforcement Administration, Department of Justice; Substance Abuse and Mental Health Services Administration, Department of Health and Human Services.
Affected Area: CCHS
Federal Acquisition Regulation; Federal Acquisition Circular 2023-04; Introduction
This interim rule amends the Federal Acquisition Regulation to implement the prohibition on having or using the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited (“covered application”). The rule prohibits the presence or use of a covered application on information technology, including certain equipment used by Federal contractors. This prohibition applies to devices regardless of whether the device is owned by the Government, the contractor, or the contractor’s employees ( e.g., employee-owned devices that are used as part of an employer bring your own device (BYOD) program). A personally-owned cell phone that is not used in the performance of the contract is not subject to the prohibition.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: OIT, CERA
Federal Acquisition Regulation: Prohibition on a ByteDance Covered Application
This interim rule implements section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117–328), the No TikTok on Government Devices Act, and its implementing guidance under OMB Memorandum M–23–13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance. The rule revises the FAR to implement the prohibition on having or using the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited (“covered application”). This prohibition applies to the presence or use of any covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the contractor under a contract, including equipment provided by the contractor’s employees, unless an exception is granted in accordance with Office of Management and Budget (OMB) Memorandum M–23–13.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: OIT, CERA
Proposed Rules
The Secretary is proposing new regulations to promote transparency, competence, stability, and effective outcomes for students in the provision of postsecondary education. Using the terminology of past regulatory proposals, these regulations seek to make improvements in the areas of gainful employment (GE); financial value transparency; financial responsibility; administrative capability; certification procedures; and Ability to Benefit (ATB).
Federal Agency: Office of Postsecondary Education, Department of Education
Affected Area: College of Education
Comments Due: 6/20/2023
Assistance to States for the Education of Children With Disabilities
The Secretary proposes to amend regulations under Part B of the Individuals with Disabilities Education Act (Part B of IDEA or the Act) that govern the Assistance to States for the Education of Children with Disabilities program, including the Preschool Grants program. Specifically, the Secretary proposes to amend the IDEA Part B regulations to remove the requirement for public agencies to obtain parental consent prior to accessing for the first time a child’s public benefits or insurance ( e.g., Medicaid, Children’s Health Insurance Program (CHIP)) to provide or pay for required IDEA Part B services. As there are no comparable consent requirements prior to accessing public benefits for children without disabilities, the removal of this consent requirement would align public benefits consent requirements for children with disabilities to those for children without disabilities and ensure equal treatment of both groups of children.
Federal Agency: Office of Postsecondary Education, Department of Education
Affected Area: College of Education, OAA
Comments Due: 8/1/2023
Medication Guides: Patient Medication Information
The Food and Drug Administration (FDA, the Agency, or we) is proposing to amend its human prescription drug product labeling regulations for Medication Guides (FDA-approved written prescription drug product information distributed to patients). This action, if finalized, will require applicants to create a new type of Medication Guide, referred to as Patient Medication Information (PMI), for prescription drug products, including biological products, used, dispensed, or administered on an outpatient basis and for blood and blood components transfused in an outpatient setting. PMI would be a one-page document with standardized format and content that would be submitted to FDA for approval. This proposed rule is intended to improve public health by providing patients with clear, concise, accessible, and useful written prescription drug product information delivered in a consistent and easily understood format to help patients use their prescription drug products safely and effectively.
Federal Agency: Food and Drug Administration, HHS
Affected Area: CCHS
Comments Due: 11/27/2023
Notices
The Department of Education (the Department) amends the William D. Ford Federal Direct Loan (Direct Loan) Program regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement a new regulation in § 685.400 et seq. —Borrower Defense to Repayment. These final regulations are a result of negotiated rulemaking and will add new requirements to the current regulations. These final regulations require the collection of this information from borrowers who believe they qualify for a borrower defense to repayment discharge, as permitted under section 455(h) of the HEA. This request is to revise the currently approved information collection 1845–0163 to incorporate the new regulatory requirements and forms. Based on public comment, there have been changes made to the forms and times for completion.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 6/16/2023
The U.S. Department of Education Grant Application Form for Project Objectives and Performance Measures Information serves as a precursor to the U.S. Department of Education Grant Performance Report Form (ED 524 B) in which project objectives, measures, and targets will be entered by applicants at the time that grant applications are entered in Grants.gov. The Grant Application Form for Project Objectives and Performance Measures Information form and instructions are used by many ED discretionary grant programs to enable grantees to meet ED deadline dates for submission of performance reports to the Department.
Federal Agency: Office of Finance and Operations (OFO), Department of Education (ED)
Affected Area: OSP
Comments Due: 6/21/2023
The Office of Special Education Program’s Personnel Development Program aims to increase the supply of qualified personnel in the field of special education. The program awards competitive grants to Institutions of Higher Education to support scholars who are preparing to provide special education and related services to children and youth with disabilities. Scholars who receive funding agree to work in the field of special education or related services for two years for each year of support they receive.
The Personnel Development Program Data Collection System collects data from grantees, scholars, and employers who verify that scholars are employed in the field of special education or related services. This data collection serves three program needs. First, data from grantees, scholars, and employers are necessary to assess the performance of the Personnel Development Program on its performance measures. Second, data from all three sources are necessary to determine if scholars comply with the service obligation requirements. Finally, project-specific performance data are collected from grantees for project monitoring and program improvement.
Federal Agency: Office of Special Education and Rehabilitative Services (OSERS), Department of Education (ED)
Affected Area: College of Education
Comments Due: 7/24/2023
The EPA recently developed the Underground Storage Tank (UST) Finder application (hereafter “UST Finder”). UST Finder is a publicly available web map application containing a comprehensive, state- sourced national map of UST and leaking underground storage tank (LUST) data. UST Finder is available via EPA’s GeoPlatform at https://gispub.epa.gov/ustfinder. UST Finder provides users access to information on the attributes and locations of active and closed USTs, UST facilities, and LUSTs in states in a geographic information system (GIS) environment. This information collection relates to information that state and territorial agencies already collect from UST and LUST owners and operators as part of their customary business practice to manage their compliance and enforcement programs. To successfully implement, maintain, and improve the data quality and usability of UST Finder, the Agency seeks to gather, on a voluntary basis, information from state and territorial agencies that oversee UST/LUST programs. Specifically, EPA will request that these agencies provide location and other relevant data about USTs and LUSTs that is already being collected and managed by states and territories.
Federal Agency: Environmental Protection Agency
Affected Area: EHS
Comments Due: 6/23/2023
This information collection is a revision, the purpose of which is to make changes to the DDRA and FRA applications to be consistent with an NPRM to amend the programs’ regulations. The programs’ applications must be updated to reflect the regulatory changes relating to the programs’ selection criteria in CFR part 662.21(c)(3) and 663.21(c)(3). These amendments will result in a change in DDRA student respondents and hour burden. The purpose of Section 102(b)(6) of the Mutual Educational and Cultural Exchange Act of 1961 (Fulbright-Hays Act) is to promote and develop modern foreign language training and area studies throughout the educational structure of the United States. To help accomplish this objective, fellowships are awarded through US institutions of higher education to American faculty and dissertation students enabling them to conduct overseas research and enhance their foreign language proficiency. Under the Fulbright-Hays Doctoral Dissertation Research Abroad (DDRA) and the Fulbright-Hays Faculty Research Abroad (FRA) programs, individual scholars apply through eligible institutions for an institutional grant to support the research fellowship. These institutions administer the program in cooperation with the US Department of Education (US/ED) as provided under the authority of Sections 102(b)(6) and 104(e)(1) of the Mutual Educational and Cultural Exchange Act of 1961, 34 CFR parts 662, and the Policy Statements of the J. William Fulbright Foreign Scholarship Board (FSB).This collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1894–0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection.
Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)
Affected Area: Capstone International
Comments Due: 6/26/2023
Community Disaster Resilience Zones and the National Risk Index
The Federal Emergency Management Agency (FEMA) is issuing this notice and request for information (RFI) to seek input from the public on implementation of the Community Disaster Resilience Zones Act of 2022, including updates to the methodology and data used for the National Risk Index and any other hazard assessment products; potential improvements to FEMA’s provision of hazard data; the process used to designate community disaster resilience zones; financial and technical assistance for resilience or mitigation projects primarily benefitting community disaster resilience zones; and the community disaster resilience zone project application and certification process.
Federal Agency: Federal Emergency Management Agency, Department of Homeland Security
Affected Area: Emergency Management
Comments Due: 7/25/2023
Request for Public Comment; National Human Trafficking Prevention Framework
This notice informs the public of the opportunity to provide input on the U.S. Department of Health and Human Services’ (HHS) National Human Trafficking Prevention Framework (Framework), which contains strategies and approaches to prevent human trafficking and its recurrence while increasing capacity to identify and reduce harm caused by human trafficking. HHS will consider this input as it updates the Framework. The draft Framework is available at https://www.acf.hhs.gov/otip.
Federal Agency: Office on Trafficking in Persons, Administration for Children and Families, U.S. Department of Health and Human Services
Affected Area: UAPD
Comments Due: 6/9/2023
Privacy Act of 1974; Matching Program
By matching the names, dates of birth, and Social Security Number (SSNs) in the DFB/DPFD database with ED’s student financial aid records, ED is able to identify students who do not qualify for Federal student financial assistance pursuant to section 5301. DOJ’s system of records also contains information concerning the specific program or programs for which benefits have been denied, as well as the period of ineligibility. DOJ will make available for the CMA the records of only those individuals who have been denied Federal benefits under one or more of the title IV, HEA programs. Thus, ED avoids the cost of disbursing student financial assistance funds to individuals who do not qualify for Federal student financial assistance, but who would otherwise receive aid had the CMA not existed.
Federal Agency: Federal Student Aid, Department of Education
Affected Area: Student Financial Aid, CERA
Comments Due: 7/05/2023
This new collection will be used to gather information available to participating institutions of higher education (IHE) which is required to fully calculate eligibility for title IV student financial aid for applicants under the Higher Education Act of 1965, as amended (HEA). The FAFSA Simplification Act (Pub. L. 116–260) introduced a change to the manner in which the Department of Education (ED) may obtain the amount of income an applicant has earned from work under the Federal Work Study (FWS) Program, for the purposes of calculating the applicant’s student aid index (SAI) and determine their eligibility for certain title IV aid. Pursuant to section 483(a)(2)(F) of the FAFSA Simplification Act, ED is required to collect an applicant’s income earned under the FWS program from the IHE participating in the FWS program and can no longer add additional questions to the FAFSA to obtain this information from the FAFSA applicant.
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Comments Due: 7/12/2023
FLAS Fellowship Subsistence Allowances: In FY 2021, the Department published a notice soliciting applications for the FLAS Program (86 FR 71466). That notice established the subsistence allowance for a graduate student academic year fellowship at $20,000; the subsistence allowance for an undergraduate student academic year fellowship at $5,000; and the subsistence allowance for a summer fellowship at $2,500 for graduate and undergraduate students.
In accordance with 34 CFR 657.31(b)(1), the Department is publishing this notice to increase the subsistence allowance amount for a summer session to $3,500 per fellow.
Federal Agency: Department of Education
Affected Area: Student Financial Aid, OAA
Comments Due: 6/12/2023
Items of Interest
The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the ACIP. The ACIP consists of up to 20 experts in fields associated with immunization practices and public health, use of vaccines and other immunobiologic agents in clinical practice or preventive medicine, clinical or laboratory vaccine research, assessment of vaccine efficacy and safety, or have knowledge about consumer perspectives and/or social and community aspects of immunization programs.
Comments Due: 8/1/2023