Compliance Alert – May 2023
- May 25th, 2023
- in Newsletter
Legislative Updates
Legislation that is currently under review by either the House or Senate in the State of Alabama. This legislation has not been finalized.
HB7 Relating to education; to provide prohibitions on the promotion, endorsement, and affirmation of certain divisive concepts in certain public settings; and to authorize certain penalties for violation. Read second time in house of origin.
HB27 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to remove Jefferson Davis’ birthday and add State Employee Appreciation Day as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. To House State Government Committee.
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. Read a third time and passed as amended.
HB261 & SB211 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. Read a third time and passed as amended for HB261 and sent to Senate Education Policy Committee for SB 211.
HB265 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to add Juneteenth as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. Introduced and referred to House State Government.
HB331 Relating to employment, to amend Section 25-1-30, Code of Alabama 1975, to prohibit an employer from requesting the wage history of a prospective employee except under certain circumstances. Referred to House Commerce and Small Business
HB361 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to remove Confederate Memorial Day as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. Introduced and referred to House State Government
HB427 Relating to state holidays; to amend Section 1-3-8, Code of Alabama 1975, to add Juneteenth as a state holiday; and to delete duplicative language and make non-substantive, technical revisions to update the existing code language to current style. Carry over by House State Government
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. To House Ways and Means Education Committee
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. To House Ways and Means Education Committee
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. To House Ways & Means Committee
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. To House Ways & Means Committee
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. Read second time in house of origin.
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: UMC, UAPD
Proposed Rules
HIPAA Privacy Rule To Support Reproductive Health Care Privacy
The Department of Health and Human Services (HHS or “Department”) is issuing this notice of proposed rulemaking (NPRM) to solicit comment on its proposal to modify the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act). The proposal would modify existing standards permitting uses and disclosures of protected health information (PHI) by limiting uses and disclosures of PHI for certain purposes where the use or disclosure of information is about reproductive health care that is lawful under the circumstances in which such health care is provided. The proposal would modify existing standards by prohibiting uses and disclosures of PHI for criminal, civil, or administrative investigations or proceedings against individuals, covered entities or their business associates (collectively, “regulated entities”), or other persons for seeking, obtaining, providing, or facilitating reproductive health care that is lawful under the circumstances in which it is provided.
Federal Agency: Office for Civil Rights (OCR), Office of the Secretary, Department of Health and Human Services
Affected Area: CERA, HIPAA Covered Entities
Comments Due: 6/16/2023
Notices
The Foreign Language and Area Studies (FLAS) Fellowships program is authorized by 20 U.S.C. 1121(b) and provides allocations of academic year and summer fellowships to institutions of higher education or consortia of institutions of higher education to assist meritorious undergraduate and graduate students undergoing training in modern foreign languages and related area or international studies. This information collection is a survey of FLAS fellows required by 20 U.S.C. 1121(d) which states “The Secretary shall assist grantees in developing a survey to administer to students who have completed programs under this subchapter to determine postgraduate employment, education, or training. All grantees, where applicable, shall administer such survey once every two years and report survey results to the Secretary.” There is an increase in the number of respondents for this collection, which is the result of transitioning from a cross-sectional to a longitudinal survey.
Federal Agency: Department of Education
Affected Area: Academic Affairs
Comments Due: 5/22/2023
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 2023–2024 academic year (AY), effective August 1, 2023 through July 31, 2024.
Federal Agency: Department of Veterans Affairs
Affected Area: Student Financial Aid
The Secretary announces the annual updates to the ICR plan formula for 2023 to give notice to borrowers and the public regarding how monthly ICR payment amounts will be calculated for the 2023–2024 year under the William D. Ford Federal Direct Loan (Direct Loan) Program, Assistance Listing Number 84.063.
Federal Agency: Department of Veterans Affairs
Affected Area: Student Financial Aid
This ICR covers the information collection activities associated with the reporting and recordkeeping requirements for individuals, firms and state and local government entities conducting lead-based paint (LBP) activities or renovations of target housing and child-occupied facilities (COFs); training providers; and states/territories/tribes/Alaskan native villages that are promulgated in 40 CFR part 745.
Federal Agency: Environmental Protection Agency
Affected Area: EHS
Comments Due: 6/26/2023
The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. 2601, and its regulations at 29 CFR part 825, require private sector employers that employ 50 or more employees, all public and private elementary schools, and all public agencies to provide up to 12 weeks of unpaid, job-protected leave during any 12-month period to eligible employees for certain family and medical reasons. The Department has developed optional-use forms which can be used by employers to provide required notices to employees and by employees to provide certification of their need for leave for an FMLA-qualifying reason. The FMLA disclosures ensure that both employers and employees are aware of and can exercise their rights and meet their respective obligations under the FMLA. For additional substantive information about this ICR, see the related notice published in the Federal Register on November 9, 2022 (87 FR 67718).
Federal Agency: Department of Labor
Affected Area: HR
Comments Due: 5/30/2023
Federal Student Aid (FSA) is requesting a new information collection to collect the required information from institutions regarding foreign gifts and contracts as specified in the Higher Education Act of 1965 (HEA), as amended. Section 117 of the HEA, codified at 20 U.S.C. 1011f, provides that institutions of higher education must file a disclosure report with the Secretary of Education on January 31 or July 31, whichever is sooner, under certain circumstances.
Federal Agency: Department of Education
Affected Area: CERA
Comments Due: 6/5/2023
This notice provides information to members of the public on submitting written comments for accrediting agencies currently undergoing review for the purpose of recognition by the U.S. Secretary of Education.
Federal Agency: Department of Education
Affected Area: OIE
Comments Due: 6/5/2023
The Department of Education (the Department) is requesting an extension of the current approval of the policies and procedures for determining satisfactory academic progress (SAP) as required in section 484 of the Higher Education Act of 1965, as amended (HEA). A link to the Satisfactory Academic Progress regulations is provided at 34 CFR 668.34 and 34 CFR 600.55.
These regulations identify the policies and procedures to ensure that students are making satisfactory academic progress in their program at a pace and a level to receive or continue to receive title IV, HEA program funds. If there is lapse in progress, the policy must identify how the student will be notified and what steps are available to a student not making satisfactory academic progress toward the completion of their program, and under what conditions a student who is not making satisfactory academic progress may continue to receive title IV, HEA program funds. There have been minor changes to the regulatory language since the last information collection update.
Federal Agency: Department of Education
Affected Area: Academic Affairs
Comments Due: 6/8/2023
The Department of Education (Department) is requesting an emergency clearance for this renewal of the revision of the information collection, 1845–0110. Additionally, we are requesting that the full clearance package be filed at the same time and that the Department will initiate the 60-day public comment period upon notification of emergency approval. The PSLF program was revised during the Negotiated Rulemaking process in 2021 resulting in Final Rule for the Public Service Loan Forgiveness (PSLF) Program that were published in the Federal Register on November 1, 2022 (87 FR 65904) and continue to be codified in 34 CFR 685.219. Concurrent with these new regulations, the Department implemented the ability for the borrower and employer to digitally sign and submit the PSLF Form electronically through our Digital Platform. The PSLF form was redesigned to encourage the use of the new signature options and align the instructions on the form to mimic the user experience connected to the online submission. This new form will not be available until the regulations become effective on July 1, 2023.
Federal Agency: Department of Education
Affected Area: Student Financial Aid
Comments Due: 7/11/2023
This request is for the extension of a current paperwork collection in the Office of Management and Budget (OMB) Control Number 1845–0085 for the reporting requirement contained in the regulations for States, not-for-profit lenders and eligible lender trustees under 34 CFR 682.302 for the Federal Family Education Loan (FFEL) Program. The regulations in § 682.302 require a State, non-profit entity, or eligible lender trustee to provide to the Secretary a certification on the State or non-profit entity’s letterhead signed by the State or non-profit’s Chief Executive Officer which states the basis upon which the entity qualifies as a State or non-profit entity. The submission must include documentation establishing the entity’s State or non-profit status. In addition, the submission must include the name and lender identification number for which the eligible not-for-profit designation is being certified.
Federal Agency: Department of Education
Affected Area: Financial Aid
Comments Due: 7/11/2023
Items of Interest
The Substance Abuse and Mental Health Services Administration (SAMHSA) within the Department of Health and Human Services (HHS), is soliciting nominations from qualified organizations to be considered for non-voting liaison representative positions on a subcommittee of the Advisory Committee for Women’s Services (ACWS) focused on maternal mental health.
Comments Due: 5/31/2023
The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment (CHAC). CHAC consists of 18 experts in fields associated with public health, epidemiology, laboratory practice, immunology, infectious diseases, substance use disorder, behavioral science, health education, healthcare delivery, state health programs, clinical care, preventive health, medical education, health services and clinical research, health equity, and healthcare financing, who are selected by the Secretary, HHS.
Comments Due: 10/1/2023
Internal Revenue Service Advisory Council (IRSAC); Nominations
The Internal Revenue Service (IRS) is seeking new members to serve on the Internal Revenue Service Advisory Council (IRSAC). Applications are currently being accepted for appointments that will begin in January 2024. IRSAC members are drawn from substantially diverse backgrounds representing a cross-section of the taxpaying public with substantial, disparate experience in: tax preparation for individuals, small businesses and large, multi-national corporations; tax-exempt and government entities; information reporting; and taxpayer or consumer advocacy. Nominations of qualified individuals may come from individuals or organizations; applications should describe and document the proposed member’s qualifications for IRSAC.
Comments Due: 5/31/2023
Solicitation for Members of the NOAA Science Advisory Board
NOAA is soliciting nominations for members of the NOAA Science Advisory Board (SAB). The SAB is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans, Atmosphere, and NOAA Administrator on long and short range strategies for research, education, and application of science to resource management and environmental assessment and prediction. The SAB consists of approximately fifteen members reflecting the full breadth of NOAA’s areas of responsibility and assists NOAA in maintaining a complete and accurate understanding of scientific issues critical to the agency’s missions.
Comments Due: 6/15/2023
The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Healthcare Infection Control Practices Advisory Committee (HICPAC). The HICPAC consists of 14 experts in fields including but not limited to, infectious diseases, infection prevention, healthcare epidemiology, nursing, clinical microbiology, surgery, hospitalist medicine, internal medicine, epidemiology, health policy, health services research, public health, and related medical fields.
Comments Due: 9/29/2023
The National Institute of Standards and Technology (NIST or Institute) and the National Technical Information Service (NTIS) invite and request nomination of individuals for appointment to eleven existing Federal Advisory Committees (Committees): Advisory Committee on Earthquake Hazards Reduction; Board of Overseers of the Malcolm Baldrige National Quality Award; Industrial Advisory Committee; Information Security and Privacy Advisory Board; Internet of Things Advisory Board; Judges Panel of the Malcolm Baldrige National Quality Award; Manufacturing Extension Partnership Advisory Board; National Artificial Intelligence Advisory Committee; National Construction Safety Team Advisory Committee; National Technical Information Service Advisory Board; and Visiting Committee on Advanced Technology. NIST and NTIS will consider nominations received in response to this notice for appointment to the Committees, in addition to nominations already received. Registered Federal lobbyists may not serve on NIST or NTIS Federal Advisory Committees in an individual capacity.
Solicitation of Nominations for Appointment to CDC’s Advisory Committee to the Director (ACD)
The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Advisory Committee to the Director (ACD). The ACD consists of up to 15 experts knowledgeable in areas pertinent to the CDC mission, such as public health, global health, health disparities, biomedical research, and other fields, as applicable.
Comments Due: 6/5/2023
U.S. Customs and Border Protection (CBP) is requesting that individuals who are interested in serving on the Commercial Customs Operations Advisory Committee (COAC) apply for membership. The COAC provides advice and makes recommendations to the Secretaries of the Department of the Treasury (Treasury) and the Department of Homeland Security (DHS) on all matters involving the commercial operations of CBP and related functions.
Comments Due: 6/5/2023
Patent and Trademark Public Advisory Committees
The United States Patent and Trademark Office (USPTO)—America’s Innovation Agency—seeks nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy. Each new member, who can serve remotely, will serve a three-year term starting December 1, 2023. The members represent the interests of the public and the stakeholders of the USPTO.
Comments Due: 7/3/2023
Urban Agriculture and Innovative Production Advisory Committee
The Department of Agriculture’s (USDA) Office of Urban Agriculture and Innovative Production (OUAIP) is seeking nominations for individuals to serve on the Urban Agriculture and Innovative Production Advisory Committee (UAIPAC). The UAIPAC advises the Secretary of Agriculture on the development of policies and outreach relating to urban, indoor, and other emerging agricultural production practices. The 12 members appointed by the Secretary of Agriculture are expected to serve a 3-year term. This specific nomination period includes four vacancies, including: the urban producer representative; the higher education or extension program representative; the business and economic development representative; and a representative with related experience in urban, indoor, and other emerging agriculture production practices.
Comments Due: 7/15/2023
Inland Waterways Users Board; Request for Nominations
The Department of the Army is publishing this notice to request nominations to serve as representatives on the Inland Waterways Users Board (“the Board”), sponsored by the U.S. Army Corps of Engineers. The Board provides independent advice and recommendations to the Secretary of the Army and the Congress. The Secretary of the Army recommends its 11 (eleven) representative organizations to the Secretary of Defense for approval. This notice is to solicit nominations for seven (7) appointments or more for terms that will begin by January 31, 2024. For additional information about the Board, please visit the committee’s website at http://www.iwr.usace.army.mil/Missions/Navigation/Inland-Waterways-Users-Board/.