Compliance Alert – October 2023
- October 25th, 2023
- in Compliance, Newsletter
Legislative Updates
The 2023 Legislative Session is now complete, and the 2024 Legislative session will begin in February 2024.
Final Rules
Federal Acquisition Regulation: Whistleblower Protection for Contractor Employees
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement an act to enhance whistleblower protection for contractor employees. The rule makes permanent the protection for disclosure of certain information. It also clarifies that the prohibition on reimbursement for legal fees accrued in defense against reprisal claims applies to subcontractors, as well as contractors.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: Legal, HR
Financial Value Transparency and Gainful Employment
The Secretary establishes and amends regulations related to gainful employment (GE) to address ongoing concerns about educational programs designed to prepare students for gainful employment in a recognized occupation, but that instead leave them with unaffordable amounts of student loan debt in relation to their earnings, or with no gain in earnings compared to others with no more than a high school education. The Secretary separately seeks to enhance transparency by providing information about financial costs and benefits to students at nearly all academic programs at postsecondary institutions that are eligible to participate in title IV of the Higher Education Act of 1965, as amended (HEA).
Federal Agency: Office of Postsecondary Education, Department of Education
Affected Area: Academic Affairs
On March 1, 2023 the Drug Enforcement Administration (DEA), in concert with the Department of Health and Human Services (HHS), promulgated two notices of proposed rulemakings (NPRMs) soliciting comments on proposals to allow for prescribing of controlled medications pursuant to the practice of telemedicine in instances where the prescribing practitioner has never conducted an in-person medical evaluation of the patient. On May 10, 2023, following initial review of the comments received, DEA, jointly with HHS, issued a temporary rule (First Temporary Rule) extending certain exceptions granted to existing DEA regulations in March 2020 as a result of the COVID–19 Public Health Emergency (COVID–19 PHE). These exceptions were granted in order to avoid lapses in care for patients. In particular, with respect to practitioner-patient relationships formed after the May 11, 2023, expiration of the COVID–19 PHE, the First Temporary Rule extended the temporary exceptions until November 11, 2023. In this second temporary rule, as DEA and HHS continue to consider revisions to the proposed rules set forth in the March 1, 2023 NPRMs and in light of Telemedicine Listening Sessions that DEA hosted on September 12 and 13, 2023, DEA and HHS are further extending such exceptions to existing DEA regulations for new practitioner-patient relationships through December 31, 2024.
Federal Agency: Drug Enforcement Administration, Department of Justice; Substance Abuse and Mental Health Services Administration, Department of Health and Human Services
Affected Area: UMC, Student Health Center and Pharmacy
Proposed Rules
Federal Acquisition Regulation: Cyber Threat and Incident Reporting and Information Sharing
Recent cybersecurity incidents such as those involving SolarWinds, Microsoft Exchange, and the Colonial Pipeline incident are a sobering reminder that U.S. public and private sector entities increasingly face sophisticated malicious cyber activity from both nation-state actors and cyber criminals. These incidents share commonalities, including insufficient cybersecurity defenses that leave public and private sector entities more vulnerable to incidents. The E.O. makes a significant contribution toward modernizing cybersecurity defenses by protecting Federal networks, improving information sharing between the U.S. Government and the private sector on cyber issues, and strengthening the United States’ ability to respond to incidents when they occur. This proposed rule underscores that the compliance with information-sharing and incident-reporting requirements are material to eligibility and payment under Government contracts.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: OIT
Comments Due: 12/4/2023
DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to partially implement an Executive Order to standardize cybersecurity contractual requirements across Federal agencies for unclassified Federal information systems, and a statute on improving the Nation’s cybersecurity.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: OIT
Comments Due: 12/4/2023
Request for Information; Coverage of Over-the-Counter Preventive Services
This document is a request for information (RFI) regarding the application of the preventive services requirements under section 2713 of the Public Health Service Act (PHS Act) to over-the-counter (OTC) preventive items and services available without a prescription by a health care provider. The Department of the Treasury, the Department of Labor, and the Department of Health and Human Services (the Departments) are issuing this RFI to gather input from the public regarding the potential benefits and costs of requiring non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage to cover OTC preventive items and services without cost sharing and without a prescription by a health care provider; seek comment on any potential challenges associated with providing such coverage; understand whether and how providing such coverage would benefit consumers; and assess any potential burden that plans and issuers would face if required to provide such coverage.
Federal Agency: Department of Health and Human Services
Affected Area: HR
Comments Due: 12/4/2023
Notices
For each award year, the Secretary publishes in the Federal Register a notice announcing the FAFSA information that an institution and an applicant may be required to verify, as well as the acceptable documentation for verifying FAFSA information. This is the notice for the 2024–2025 award year, Assistance Listing Numbers 84.007, 84.033, 84.063, and 84.268.
Federal Agency: Office of Postsecondary Education, Department of Education
Affected Area: Student Financial Aid
The U.S. Department of Education (the Department) is requesting a revision of the Teacher Education Assistance for College and Higher (TEACH) Grant Certification of Qualifying Teaching (Certification), and five Service Obligation Suspension Requests (Suspension Requests) currently approved under OMB No. 1845–0158. Under conditions that are specified in the TEACH Grant Program regulations, a grant recipient may request and receive a temporary suspension of the eight-year period for completing the service obligation, and a grant recipient who is subject to an extended call to active-duty military service may receive a discharge of some or all of the four-year service obligation. The requested revision to the information collection does not change the current number of respondents, responses, or burden hours. The only substantive proposed change is in the Certification. We have also made a minor conforming change in the TEACH Grant Service Obligation Suspension Request: Enrollment in a Qualifying Program or Completing Teacher Licensure Requirements form and minor formatting change to the TEACH Grant Service Obligation Suspension/Discharge Request: Military Service. We are otherwise proposing no substantive changes to the Certification and Suspension forms included with this submission.
Federal Agency: Office of Postsecondary Education, Department of Education
Affected Area: Student Financial Aid
Comments Due: 10/18/2023
The Standards on Construction Fall Protection Systems Criteria and Practices (29 CFR 1926.502) and Training Requirements (29 CFR 1926.503) ensure that employers provide the required fall protection for their workers. Accordingly, these standards have the following paperwork requirements: Paragraphs (c)(4)(ii) and (k) of 29 CFR 1926.502, which specify certification of safety nets and development of fall protection plans, respectively, and paragraph (b) of 29 CFR 1926.503, which requires employers to certify training records. The training certification requirement specified in paragraph (b) of 29 CFR 1926.503 documents the training provided to workers potentially exposed to fall hazards in construction. A competent person must train these workers to recognize fall hazards and in the use of procedures and equipment that minimize these hazards. An employer must verify compliance with this training requirement by preparing and maintaining a written certification record that contains the name or other identifier of the worker receiving the training, the date(s) of the training, and the signature of the competent person who conducted the training, or of the employer. For additional substantive information about this ICR, see the related notice published in the Federal Register on May 26, 2023 (88 FR 34186).
Federal Agency: Department of Labor
Affected Area: Campus Development, Facilities and Grounds
Comments Due: 10/23/2023
In accordance with the Paperwork Reduction Act (PRA), the Wage and Hour Division (WHD) is providing notice to the public that the WHD sponsored information collection request (ICR) titled, “Davis-Bacon Certified Payroll,” has been approved by the Office of Management and Budget (OMB). WHD is notifying the public that the information collection has been revised and extended effective immediately through September 30, 2026.
Federal Agency: Wage and Hour Division
Affected Area: Campus Development, Construction Administration
Programmatic/Class Floodplain Review Procedures for Specific Preparedness Grant Projects
The Federal Emergency Management Agency (FEMA) is publishing this notice to document and request comments on its determination that a programmatic/class review is appropriate for six categories of activities in specific grant programs that do not have an adverse impact individually or cumulatively on floodplain values placing property and persons at risk.
Federal Agency: Federal Emergency Management Agency, Department of Homeland Security
Affected Area: Campus Development, Facilities and Grounds
Comments Due: 11/13/2023
Request for Information on Potential New Program, From Seedlings to Scale (S2S)
The National Center for Education Research (NCER), a center within the Institute of Education Sciences (IES), is seeking insight to guide its efforts to fund quick-turnaround high-reward, scalable solutions intended to improve education outcomes for all students.
Federal Agency: Institute of Education Sciences, Department of Education
Affected Area: College of Education
Comments Due: 11/3/2023
Items of Interest
NIH sticks to new requirement that foreign partners share lab notebooks
The National Institutes of Health (NIH) is standing firm on a new mandate requiring partners abroad to periodically share lab notebooks and other raw data with their main grant recipient in the United States. Hundreds of researchers and organizations had urged the agency to drop or narrow the rule because they warned it could impede foreign collaborations, particularly in developing countries.
Advisory Committee on Landslides; Request for Nominations
The U.S. Geological Survey seeks nominations for individuals to be considered for membership to serve on the Advisory Committee on Landslides.
A New Campaign to End Unpaid Internships
Unpaid internships used to be seen as an opportunity for students to easily get experience and credit, but data show those who complete paid internships have better outcomes.
Supporting Student Wellness: What’s Enough and What’s Too Much?
In a new Student Voice survey, the vast majority of respondents say they want a significant level of involvement from faculty members in addressing stress and mental health issues, and even in promoting their physical wellness. Students want advisers to help them reduce stress, as well.
Massive Data Breach at University of Minnesota
The University of Minnesota confirmed Thursday that three decades’ worth of sensitive information about applicants, students and employees were accessed in a data breach, according to The Star Tribune. The disclosure comes two months after murmurs of a potential cyberattack first surfaced. The data were drawn from financial aid applications spanning from 1989 to 2021 and included dates of birth, Social Security numbers and passport information, according to a news release from the university. The university is now facing six lawsuits from individuals whose personal information was obtained in the data breach and who claim the university didn’t properly protect their personal information or promptly notify them when the breach occurred.
Forensic Laboratory Needs-Technology Working Group
NIJ is seeking qualified individuals to serve on the FLN–TWG. The mission of the FLN–TWG is to advise, assess, and provide information to NIJ and its Federal partners on the technology needs of state, local, and tribal forensic laboratories to (1) improve coordination of technology transition or standardization, (2) identify localized or system-wide operational gaps or impediments to adoption, not including resource limitations, (3) increase the capacity and quality of forensic services within an ever-increasing demand for services nationwide.
Comments Due: 12/29/2023
A Political Standoff Over Affirmative Action
Politicians are settling into entrenched positions in the fight over how to interpret the Supreme Court’s affirmative action ban. Where does that leave colleges?
AI tools as science policy advisers? The potential and the pitfalls Recent advances in artificial intelligence (AI) have stoked febrile commentary around large language models (LLMs), such as ChatGPT and others, that can generate text in response to typed prompts. Although these tools can benefit research, there are widespread concerns about the technology — from loss of jobs and the effects of over-reliance on AI assistance, to AI-generated disinformation undermining democracies.
Membership on the committee will include six (6) non-Federal members from among scientists, physicians, and other health professionals and six (6) non-Federal members of the general public who are representatives of leading research, advocacy, and service organizations for individuals with pain-related conditions. Members will serve overlapping three year terms. It is anticipated that the committee will meet at least once a year.
Comments Due: 11/1/2023
The FHWA announces a solicitation of Membership to the Federal System Funding Alternative Advisory Board (Advisory Board). Advisory Board members will serve for 2 years after the date on which the Advisory Board is established, with the potential for reappointment. The Advisory Board will assist with providing the Secretary of Transportation (Secretary) with recommendations related to the structure, scope, and methodology for developing and implementing the national motor vehicle per-mile user fee pilot program; assist with carrying out a public awareness campaign; assist with developing reports to Congress analyzing the national motor vehicle per-mile user fee pilot program; and coordinate in the development of the recommendations and a report to Congress required under the Strategic Innovation for Revenue Collection Pilot Program.
Comments Due: 11/17/2023
Stanford to Pay $1.9M for Alleged Failure to Disclose Foreign Funding
Stanford University has agreed to pay the U.S. government nearly $2 million to resolve allegations that it failed to report financial support from foreign sources in applications for federal research grants, the U.S. Department of Justice announced Tuesday.
North Carolina Forces Changes to Accreditation
North Carolina colleges and universities will be required to change accreditors every cycle, according to a new bill that was passed amid a flurry of other legislation and signed into law last week.
This Notice is to remind domestic institutions with an approved Domestic Animal Welfare Assurance that Annual Reports for the reporting period October 1, 2022, through September 30, 2023, are due to the NIH Office of Laboratory Animal Welfare (OLAW) by December 1, 2023.
House Bill Would Overhaul Foreign Gift Reporting Requirements
Colleges and universities would have to report more foreign gifts and could lose access to federal financial aid if they don’t comply under a new bill from two House Republicans.
House Bill Would Overhaul Foreign Gift Reporting Requirements (Inside Higher Ed)
Representative Virginia Foxx of North Carolina, who chairs the House education committee, and Representative Michelle Steel of California are proposed to lower the threshold for reporting foreign gifts from $250,000 to $50,000. Colleges and universities also would be barred from entering into contracts with “countries of concern,” according to a bill summary.
Policies
| Posting Date | Department | Contact | Name | Effective Date | Summary |
|---|---|---|---|---|---|
| 9/21/2023 | Environmental Health and Safety | Gene Holcomb | Facility Fire Safety Policy | 9/21/2023 | New Policy: The purpose of this policy is to ensure that all areas of campus are safe and in compliance with the International Fire Code (IFC) and state and local ordinances. |
| 9/28/2023 | Risk Management | Wade Bond | Facility and Grounds Use Insurance Policy | 7/31/2013 | Revised Policy: Changes made to more accurately convey the original intent of the policy |
| 10/13/2023 | Compliance, Ethics, and Regulatory Affairs | Ronda Lacey | HIPAA Core Privacy Policy | 10/13/2023 | New Policy: The purpose of this policy is to ensure that the designated covered entities of The University of Alabama, a Hybrid Entity, and the business associates of any University covered entity, are aware of and comply with applicable privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), including any amendments or additional documentation and any related laws protecting the privacy of protected Health information (PHI). |
| 10/13/2023 | Research and Economic Development | Lauren Wilson | Intellectual Property Policy | 10/13/2023 | Revised Policy: Updating policy to reflect language in Board Rule 509. This removes the IPA that was previously required. |