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Final Rules
Federal Acquisition Regulation; Federal Acquisition Circular 2024-05; Introduction
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2024-05. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: Procurement
Federal Acquisition Regulation: Sustainable Procurement
DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable.
Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
Affected Area: Procurement
Energy Conservation Program: Test Procedure for Uninterruptible Power Supplies
The U.S. Department of Energy (“DOE”) is amending the test procedure for uninterruptable power supplies (“UPSs”) to incorporate by reference relevant portions of the latest version of the industry testing standard, harmonize the current DOE definitions for UPS, total harmonic distortion, and certain types of UPSs with the definitions in the latest version of the industry standard, and add a no-load testing condition, as an optional test.
Federal Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy
Affected Area: Facilities and Grounds
Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities
Title II of the ADA provides that no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or denied the benefits of the services, programs, or activities of a public entity. The Department has consistently made clear that the title II nondiscrimination requirements apply to all services, programs, and activities of public entities (also referred to as “government services”), including those provided via the web. It also includes those provided via mobile apps.] In this rule, the Department establishes technical standards for web content and mobile app accessibility to give public entities greater clarity in exactly how to meet their ADA obligations and to help ensure equal access to government services for individuals with disabilities.
Federal Agency: Civil Rights Division, Department of Justice
Affected Area: OIT, Strat Comm
Guidance for Federal Financial Assistance
The Office of Management and Budget (OMB) is revising several parts of the OMB Guidance for Grants and Agreements, now called the OMB Guidance for Federal Financial Assistance, located in Title 2 of the Code of Federal Regulations (CFR). These revisions provide clarity and updated guidance to Federal agencies regarding the consistent and efficient use of Federal financial assistance. This document includes revisions to Part 1 (About Title 2 of the Code of Federal Regulations and Subtitle A); Part 25 (Unique Entity Identifier and System for Award Management); Part 170 (Reporting Subaward and Executive Compensation Information), Part 175 (Award Term for Trafficking in Persons); Part 180 (OMB Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement); Part 182 (Government-Wide Requirements for Drug-Free Workplace (Financial Assistance); Part 183 (Never Contract with the Enemy); Part 184 (Buy America Preferences for Infrastructure Projects); and Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards).
Federal Agency: Office of Federal Financial Management, Office of Management and Budget
Affected Area: Campus
Amendment to Prohibited Transaction Exemption 84-24
This document contains a notice of amendment to Prohibited Transaction Exemption (PTE) 84-24, an exemption from certain prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 (the Code). The amendment affects participants and beneficiaries of plans, individual retirement account (IRA) owners, and certain fiduciaries of plans and IRAs.
Federal Agency: Employee Benefits Security Administration, U.S. Department of Labor
Affected Area: HR
Amendment to Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, and 86-128
This document contains a notice of amendments to Prohibited Transaction Exemptions (PTEs) 75-1, 77-4, 80-83, 83-1, and 86-128, which are class exemptions from certain prohibited transaction provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code of 1986 (the Code). The amendments (collectively, the Mass Amendment) affect participants and beneficiaries of plans, individual retirement account (IRA) owners, and certain fiduciaries of plans and IRAs.
Federal Agency: Employee Benefits Security Administration, U.S. Department of Labor
Affected Area: HR
Refunds and Other Consumer Protections
The U.S. Department of Transportation (Department or DOT) is requiring automatic refunds to consumers when a U.S. air carrier or a foreign air carrier cancels or makes a significant change to a scheduled flight to, from, or within the United States and the consumer is not offered or rejects alternative transportation and travel credits, vouchers, or other compensation. These automatic refunds must be provided promptly, i.e., within 7 business days for credit card payments and within 20 calendar days for other forms of payment. To ensure consumers know when they are entitled to a refund, the Department is requiring carriers and ticket agents to inform consumers of their right to a refund if that is the case before making an offer for alternative transportation, travel credits, vouchers, or other compensation in lieu of refunds. Also, the Department is defining, for the first time, the terms “significant change” and “cancellation” to provide clarity and consistency to consumers with respect to their right to a refund. The Department is also requiring refunds to consumers for fees for ancillary services that passengers paid for but did not receive and for checked baggage fees if the bag is significantly delayed. For consumers who are unable to or advised not to travel as scheduled on flights to, from, or within the United States because of a serious communicable disease, the Department is requiring that carriers provide travel vouchers or credits that are transferrable and valid for at least 5 years from the date of issuance. Carriers may require consumers to provide documentary evidence demonstrating that they are unable to travel or have been advised not to travel to support their request for a travel voucher or credit, unless the Department of Health and Human Services (HHS) publishes guidance declaring that requiring such documentary evidence is not in the public interest.
Federal Agency: Office of the Secretary (OST), Department of Transportation
Affected Area: Campus
Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance
The U.S. Department of Education (Department) amends the regulations implementing Title IX of the Education Amendments of 1972 (Title IX). The purpose of these amendments is to better align the Title IX regulatory requirements with Title IX’s nondiscrimination mandate. These amendments clarify the scope and application of Title IX and the obligations of recipients of Federal financial assistance from the Department, including elementary schools, secondary schools, postsecondary institutions, and other recipients (referred to below as “recipients” or “schools”) to provide an educational environment free from discrimination on the basis of sex, including through responding to incidents of sex discrimination. These final regulations will enable all recipients to meet their obligations to comply with Title IX while providing them with appropriate discretion and flexibility to account for variations in school size, student populations, and administrative structures.
Federal Agency: Office for Civil Rights, Department of Education
Affected Area: Campus
National Environmental Policy Act Implementing Procedures
The U.S. Department of Energy (DOE or the Department) is revising its National Environmental Policy Act (NEPA) implementing procedures (regulations) to add a categorical exclusion for certain energy storage systems and revise categorical exclusions for upgrading and rebuilding powerlines and for solar photovoltaic systems, as well as to make conforming changes to related sections of DOE’s NEPA regulations. These changes will help ensure that DOE conducts an appropriate and efficient environmental review of proposed projects that normally do not result in significant environmental impacts.
Federal Agency: Office of the General Counsel, Department of Energy
Affected Area: Facilities and Grounds
Definition of “Employer”-Association Health Plans
This document rescinds the Department of Labor’s (Department or DOL) 2018 rule entitled “Definition of Employer Under Section 3(5) of ERISA—Association Health Plans” (2018 AHP Rule). The 2018 AHP Rule established an alternative set of criteria from those set forth in the Department’s pre-2018 AHP Rule (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 was a significant departure from the Department’s longstanding pre-rule guidance on the definition of “employer” under ERISA. This departure substantially weakened the Department’s traditional criteria in a manner that would have enabled the creation of commercial AHPs functioning effectively as health insurance issuers. The Department now believes that the core provisions of the 2018 AHP Rule are, at a minimum, not consistent with the best reading of ERISA’s statutory requirements governing group health plans.
Federal Agency: Employee Benefits Security Administration, Department of Labor
Affected Area: HR
Enhancing Transparency of Airline Ancillary Service Fees
The U.S. Department of Transportation (Department or DOT) is issuing a final rule to strengthen protections for consumers by ensuring that they have access to fee information for transporting baggage and changing or canceling a flight before ticket purchase. Under the final rule, U.S. air carriers, foreign air carriers, and ticket agents must clearly disclose passenger-specific or itinerary-specific fees for these services to consumers whenever fare and schedule information is provided for flights to, within, and from the United States. The Department is further requiring that carriers provide useable, current, and accurate information regarding fees for these critical ancillary services to any entity that is required to disclose critical ancillary service fee information to consumers. This final rule is in response to the Executive order on Promoting Competition in the American Economy, which directs the Department to take various actions to promote the interests of American workers, businesses, and consumers. The rule will ensure that consumers have the information they need to understand the true costs of air transportation that apply to them, which will create a more competitive market with better outcomes for consumers.
Federal Agency: Office of the Secretary (OST), Department of Transportation (DOT)
Affected Area: Campus
Transfer of Certain Credits
This document contains final regulations concerning the election under the Inflation Reduction Act of 2022 to transfer certain tax credits. The regulations describe rules for the election to transfer eligible credits in a taxable year, including definitions and special rules applicable to partnerships and S corporations and regarding excessive credit transfer or recapture events. In addition, the regulations describe rules related to a required IRS pre-filing registration process. These regulations affect eligible taxpayers that elect to transfer eligible credits in a taxable year and the transferee taxpayers to which eligible credits are transferred.
Federal Agency: Internal Revenue Service (IRS), Treasury
Affected Area: Tax Office
Adoption of Updated WIPO Standard ST.26; Revision to Incorporation by Reference
The USPTO first amended its rules in 2022 to incorporate by reference certain provisions of WIPO Standard ST.26. In addition to simplifying the process for applicants filing in multiple countries, the ST.26 requirement to submit a single sequence listing in eXtensible Markup Language (XML) format provides better preservation, accessibility, and sorting of the submitted sequence data for the public.
Federal Agency: United States Patent and Trademark Office, Department of Commerce
Affected Area: Office of Patents and Trademarks
Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs
Acting as Lead Agency, FHWA is publishing this final rule to amend and update 49 CFR part 24, which affects the land acquisition and displacement activities of all Federal agencies subject to the Uniform Act, as well as the activities of the recipients of funding from those Federal agencies. The proposed changes to this regulation are necessitated in part by Section 1521 of MAP-21 (Pub. L. 112-141, July 6, 2012). Section 1521 included increases in benefit levels for displaced persons, authority to develop a regulatory mechanism to consider and implement future adjustments to those benefit levels, the requirement for an annual report on Government-wide real property acquisitions subject to the Uniform Act, and provisions for the funding of Lead Agency services. In addition to these required changes, FHWA is amending the regulations to clarify existing requirements for implementing the Uniform Act, meet modern needs, and improve the agencies’ service to individuals and businesses affected by Federal or federally assisted projects.
Federal Agency: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT)
Affected Area: Campus Development
Uniform Procedures for State Highway Safety Grant Programs
This final rule amends the uniform procedures implementing the State Highway Safety Grant Program to waive, for Fiscal Year (FY) 2025, the requirement that targets for the common performance measures be identical to targets in the State Highway Safety Improvement Program. This final rule makes a corresponding change to a similar requirement in the FHWA’s performance management regulation.
Federal Agency: National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT)
Affected Area: UAPD
Proposed Rules
Rules Governing Director Review of Patent Trial and Appeal Board Decisions
The United States Patent and Trademark Office (USPTO or Office) proposes new rules to govern the process for the review of Patent Trial and Appeal Board (PTAB or Board) decisions in America Invents Act (AIA) proceedings by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director). Specifically, the USPTO proposes these rules in light of stakeholder feedback received in response to a request for comments (RFC). The proposed rules promote the accuracy, consistency, and integrity of PTAB decision-making in Leahy-Smith America Invents Act of 2011 (AIA) proceedings.
Federal Agency: United States Patent and Trademark Office, Department of Commerce
Affected Area: ORED
Comments Due: 6/17/2024
Student Debt Relief for the William D. Ford Federal Direct Loan Program (Direct Loans), the Federal Family Education Loan (FFEL) Program, the Federal Perkins Loan (Perkins) Program, and the Health Education Assistance Loan (HEAL) Program
In this NPRM, the Department proposes regulations, in accordance with the Secretary’s authority to waive repayment of a loan provided by the HEA, to provide targeted debt relief as part of efforts to address the burden of student loan debt. The proposed regulations would modify the Department’s existing debt collection regulations to provide greater specificity regarding certain non-exhaustive situations in which the Secretary may exercise discretion to waive all or part of any debts owed to the Department.
Federal Agency: Office of Postsecondary Education, Department of Education
Affected Area: Student Financial Aid
Comments Due: 5/17/2024
Taxes on Taxable Distributions From Donor Advised Funds Under Section 4966; Hearing
This document provides a notice of public hearing on proposed regulations regarding excise taxes on taxable distributions made by a sponsoring organization from a donor advised fund (DAF), and on the agreement of certain fund managers to the making of such distributions.
Federal Agency: Internal Revenue Service (IRS), Treasury
Affected Area: Tax Office
Transactions With Foreign Trusts and Information Reporting on Transactions With Foreign Trusts and Large Foreign Gifts
This document contains proposed regulations that provide guidance regarding information reporting of transactions with foreign trusts and receipt of large foreign gifts and regarding loans from, and uses of property of, foreign trusts. This document also contains proposed amendments to the regulations relating to foreign trusts having one or more United States beneficiaries. The proposed regulations affect United States persons who engage in transactions with, or are treated as the owners of, foreign trusts, and United States persons who receive large gifts or bequests from foreign persons. This document also provides notice of a public hearing on the proposed regulations.
Federal Agency: Internal Revenue Service (IRS), Treasury
Affected Area: Advancement
Comments Due: 7/8/2024
Notices
AI and Open Government Data Assets Request for Information
The U.S. Department of Commerce is committed to advancing transparency, innovation, and the responsible use and dissemination of public data assets, including for use by data-driven AI technologies. To this end, we are pleased to issue this Request for Information (RFI) to seek valuable insights from industry experts, researchers, civil society organizations, and other members of the public on the development of AI-ready open data assets and data dissemination standards.
Federal Agency: Department of Commerce
Affected Area: Campus
Comments Due: 7/16/2024
Peer Review Opportunities With the U.S. Department of Education’s Office of Elementary and Secondary Education (OESE); Office of English Language Acquisition (OELA); Office of Postsecondary Education (OPE); and Office of Special Education and Rehabilitative Services (OSERS)
The U.S. Department of Education (Department) announces opportunities for individuals to participate in its peer review process for competitive grant funding under the programs administered by OESE, OELA, OPE, and OSERS.
Federal Agency: Office of Elementary and Secondary Education, Office of English Language Acquisition, Office of Postsecondary Education, and Office of Special Education and Rehabilitative Services, U.S. Department of Education
Affected Area: College of Education
Comments Due: Ongoing
Agency Information Collection Activities; Comment Request; Income Driven Repayment Plan Request for the William D. Ford Federal Direct Loans and Federal Family Education Loan Programs
Department of Education (the Department) is requesting revision of the form without change to the usage or burden amounts of the information collection, 1845-0102. The Department is requesting the 60-day public comment period. The Department is updating the IDR Request Form that is used by a borrower to enroll, re-certify, or change their IDR plan to support the entirety of the final rule published July 10, 2023. Specifically, the form is being updated to remove the option for new enrollments in the PAYE Plan and limit new enrollments in the ICR Plan to borrowers with specific types of loans. The form has also been updated to make the definition of family size consistent for all borrowers. The form updates the terms of the SAVE Plan to reduce the discretionary income percentage used to calculate monthly payments for undergraduate-level loans and describe the new shortened forgiveness timelines for borrowers with low initial loan debts. Additionally, updates were made to reorganize the order of the sections and to improve readability and the borrower experience.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 6/17/2024
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; The Title VI Undergraduate International Studies and Foreign Language (UISFL) Program Application (1894-0001)
This application package is used by institutions of higher education, partnerships between nonprofit educational organizations and institutions of higher education, and public and private nonprofit organizations, to apply for grants under the Title VI UISFL program. Information submitted in this collection will be used during the peer review to evaluate and score the applications, and to make funding decisions. The Department requires this information collection in order to make discretionary grant awards under this program.
Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)
Affected Area: College of Education, College of Foreign Languages
Comments Due: 5/20/2024
Asbestos Part 2 Supplemental Evaluation Including Legacy Uses and Associated Disposals; Draft Risk Evaluation Under the Toxic Substances Control Act; Notice of Availability, Webinar and Request for Comment
The Environmental Protection Agency (EPA or the Agency) is announcing the availability of and seeking public comment on a draft document titled “Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos” and is announcing a webinar on May 13, 2024. EPA is evaluating legacy uses and associated disposals of asbestos including chrysotile asbestos, five additional fiber types, asbestos-containing talc, and Libby asbestos. EPA has used the best available science to preliminarily determine that asbestos poses unreasonable risk to human health.
Federal Agency: Environmental Protection Agency (EPA)
Affected Area: Facilities and Grounds, EHS
Comments Due: 6/17/2024
Accrediting Agencies Currently Undergoing Review for the Purpose of Recognition by the U.S. Secretary of Education
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: U.S. Department of Education, Accreditation Group, Office of Postsecondary Education
Affected Area: ORIA
Agency Information Collection Activities; Comment Request; Federal Perkins/NDSL Loan Assignment Form
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: 6/24/2024
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Personal Authentication Service (PAS) for FSA ID
Federal Student Aid (FSA) requests extension without change of the Person Authentication Service (PAS) which creates an FSA ID, a standard username and password solution. In order to create an FSA ID to gain access to certain FSA systems (the Free Application for Federal Student Aid (FAFAFSA) on the Web, National Student Loan Data System (NSLDS), StudentLoans.gov, etc.) a user must register on-line for an FSA ID account. The FSA ID allows the customer to have a single identity, even if there is a name change or change to other personally identifiable information. The information collected to create the FSA ID enables electronic authentication and authorization of users for FSA web-based applications and information and protects users from unauthorized access to user accounts on all protected FSA sites.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 5/24/2024
Request for Information (RFI) Regarding Developing a Postsecondary Student Success Award Program for Institutions of Higher Education
The U.S. Department of Education (Department) is requesting information in the form of written comments that include information, suggestions, and proposals regarding an award system to recognize institutions of higher education (IHEs) that serve as engines of opportunity and economic mobility by supporting all students to complete affordable credentials of value that prepare them well to participate in the workforce, their communities, and our democracy.
Federal Agency: Office of the Under Secretary, U.S. Department of Education
Affected Area: Student Success
Comments Due: 5/28/2024
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Underground Storage Tanks: Technical and Financial Requirements, and State Program Approval Procedures (Renewal)
Subtitle I of the Resource Conservation and Recovery Act (RCRA), as amended, requires that EPA develop standards for Underground Storage Tank (UST) systems, as may be necessary, to protect human health and the environment, and procedures for approving state programs in lieu of the federal program. EPA promulgated technical and financial requirements for owners and operators of USTs at 40 CFR part 280, and state program approval procedures at 40 CFR part 281. This ICR is a comprehensive presentation of all information collection requirements contained at 40 CFR parts 280 and 281.
Federal Agency: Environmental Protection Agency (EPA)
Affected Area: EHS
Comments Due: 5/28/2024
Request for Input From the Public on Section 7.1(b) of Executive Order 14110, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”
The National Institute of Justice (NIJ) seeks written input from the public relevant to section 7.1(b) of Executive Order 14110, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” NIJ is seeking information that could inform a report that addresses the use of artificial intelligence (AI) in the criminal justice system.
Federal Agency: National Institute of Justice, Office of Justice Programs, U.S. Department of Justice
Affected Area: Campus
Comments Due: 5/28/2024
Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing
The United States Patent and Trademark Office (USPTO or Office) seeks public comments regarding the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability made in view of the foregoing. The increasing power and deployment of AI has the potential to provide tremendous societal and economic benefits and foster a new wave of innovation and creativity while also posing novel challenges and opportunities for intellectual property (IP) policy. Through the AI and Emerging Technologies Partnership (AI/ET Partnership), the USPTO has been actively engaging with the innovation community and AI experts on IP policy in view of AI. To build on these efforts, the USPTO is requesting written public comments on how the proliferation of AI could affect certain evaluations made by the Office, including what qualifies as prior art, the assessment of the level of skill of a PHOSITA, and determinations of patentability made in view of these evaluations. The USPTO expects that the responses received will help the Office evaluate the need for further guidance on these matters, aid in the development of any such guidance, and help inform the USPTO’s work in the courts and in providing technical advice to Congress.
Federal Agency: United States Patent and Trademark Office, Department of Commerce
Affected Area: Office of Patents and Trademarks
Comments Due: 7/29/2024
Notice of Intent To Prepare an Environmental Impact Statement and To Initiate Scoping for Federal Coal Lease Applications for Two Leases To Expand Operations at the Warrior Met Coal Mines, Tuscaloosa County, Alabama
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), the Bureau of Land Management (BLM) Southeastern States District Office, Flowood, Mississippi, intends to prepare an Environmental Impact Statement (EIS) to consider the effects of offering two Federal coal leases by holding a competitive lease sale for each respective Lease By Application (LBA) received from Warrior Met Coal, Inc. This notice is announcing the beginning of the scoping process to solicit public comments and identify issues.
Federal Agency: Bureau of Land Management, Interior
Affected Area: Campus
Comments Due: 5/30/2024
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; PLUS Adverse Credit Reconsideration Loan Counseling
Section 428B(a)(1)(A) of the Higher Education Act of 1965, as amended (HEA), provides that to be eligible to receive a Federal PLUS Loan under the Federal Family Education Loan (FFEL) Program, the applicant must not have an adverse credit history, as determined pursuant to regulations promulgated by the Secretary. In accordance with section 455(a)(1) of the HEA, this same eligibility requirement applies to applicants for PLUS loans under the Direct Loan Program. Since July 1, 2010, there have been no new FFEL Program loans originated and the Direct Loan Program is the only Federal loan program that offers Federal PLUS Loans. The adverse credit history section of the eligibility regulations in 34 CFR 685.200 (b) and (c) were updated in 2014 by the Department of Education (the Department) when a review of and a change to the regulations was made. Specifically, an applicant for a PLUS loan who is determined to have an adverse credit history must complete loan counseling offered by the Secretary before receiving the Federal PLUS loan.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 5/31/2024
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Joint Consolidation Loan Separation Application
This is a new collection. The Joint Consolidation Loan Separation Act (JCLSA), amended the Higher Education Act of 1965, as amended (HEA) to allow joint consolidation co-borrowers to apply to separate an existing joint Direct Consolidation Loan or Federal Consolidation Loan into individual Direct Consolidation Loans. The HEA, as amended by the JCLSA, requires joint consolidation loan borrowers to apply to the U.S. Department of Education if they wish to separate an existing joint consolidation loan into one or more individual Direct Consolidation Loans. The JCLSA allows for either joint application or separate application. Under the joint application option, each joint consolidation loan co-borrower applies for an individual Direct Consolidation Loan. Unless the co-borrowers agree on an alternate amount specified in a divorce decree, court order, or settlement agreement, each co-borrowers new individual Direct Consolidation Loan will be made for an amount equal to the co-borrowers’ portion of the remaining outstanding balance of the joint consolidation loan. Under the separate application option, a co-borrower who certifies that they have experienced an act of domestic violence or economic abuse from the other co-borrower, or that they are unable to reasonably reach or access the loan information of the other co-borrower, may apply separately for a new individual Direct Consolidation Loan, without regard to whether or when the other co-borrower applies. In this circumstance, the applying co-borrowers new Direct Consolidation Loan will be made for an amount equal to that individual’s portion of the joint consolidation loan, determined as described above for the joint application option.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 6/6/2024
Federal Need Analysis Methodology for the 2024-25 Award Year-Federal Pell Grant, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, William D. Ford Federal Direct Loan, and TEACH Grant Programs
The Secretary announces the annual updates to the tables used in the statutory Federal Need Analysis Methodology that determines a student’s Student Aid Index (SAI) for award year (AY) 2024-25 for student financial aid programs, Assistance Listing Numbers (ALN) 84.063, 84.033, 84.007, 84.268, and 84.379. The intent of this notice is to alert the financial aid community and the broader public to these required annual updates used in the determination of student aid eligibility.
Federal Agency: Federal Student Aid, Department of Education
Affected Area: Student Financial Aid
Notice To Announce the Significant Changes to the NIH Grants Policy Statement for Fiscal Year 2024
The National Institutes of Health (NIH) announces publication of the updated significant changes that have already been made to the NIH Grants Policy Statement (GPS) in fiscal year 2023 that will be reflected in the GPS for fiscal year 2024. The NIH GPS provides both up-to-date policy guidance that serves as NIH standard terms and conditions of award for all NIH grants and cooperative agreements, and extensive guidance to those who are interested in pursuing NIH grants. This update incorporates significant changes for FY 2024, such as new and modified requirements, clarifies certain policies, and implements changes in statutes, regulations, and policies that have been implemented through appropriate legal and/or policy processes ( e.g.,Federal Register Notices, where appropriate) since the previous version of the NIHGPS dated December 2022.
Federal Agency: National Institutes of Health, HHS
Affected Area: ORED
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Process for FSA ID Account Creation for Individuals Without a Social Security Number in Connection With Person Authentication Service (PAS)
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.
Federal Agency: Federal Student Aid (FSA), Department of Education (ED)
Affected Area: Student Financial Aid
Comments Due: 6/10/2024
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Campus Safety and Security Survey
The collection of information through the Campus Safety and Security Survey (CSS) is necessary under section 485 of the Higher Education Act of 1965, as amended, with the goal of increasing transparency surrounding college safety and security information for students, prospective students, parents, employees, and the general public. The survey is a collection tool to compile the annual data on campus crime and fire safety. The data collected from the individual institutions by the Department of Education (ED) is made available to the public through the Campus Safety and Security Data Analysis and Cutting Tool as well as the College Navigator.
Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)
Affected Area: UAPD
Comments Due: 6/13/2024
Items of Interest
Solicitation of Nominations for Appointment to the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment
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 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: 10/1/2024
Biden Administration Finalizes Overtime Rule
The updated regulation will require colleges and universities across the country to either raise staff salaries to $58,656 or grant them overtime pay by Jan. 1, 2025.
Campus Protests Offer Leaders a Guide for Handling 2024 Election
As the chaos of campus protests over the Israel-Hamas war reaches a fever pitch, the Constructive Dialogue Institute has released a guide to help higher education leaders manage their campus climates in preparation for the 2024 election season.
Is Financial Aid the New Affirmative Action?
Many highly selective colleges are pumping up their financial aid offerings. With race-conscious admissions out of the picture, it may be their best bet for diversity.
New Title IX Rules Are Out. Here’s What You Need to Know
Designed to protect college and university students and employees from sex-based harassment and sexual violence, the regulations will overhaul how institutions respond to reports of sexual misconduct, among other changes.
New Data Consortium Wants Colleges to ‘Own’ Their AI Future
American Council on Education will lead global effort to pool data on tens of millions of students to improve learner success and collaborate on AI tools.
Iowa Governor Signs Bill to Arm School Staff
Iowa Governor Kim Reynolds signed into law Friday legislation that will allow trained school staff to carry guns on school grounds. House File 2586 creates a new permitting process for Iowa K-12 public and private schools, community colleges, and public and private colleges and universities to arm trained staff. The measure provides qualified immunity to school districts and employees from criminal or civil liability for “damages incurred pursuant to the application of reasonable force.”
The United States Moves Toward a Comprehensive Privacy Law (One More Time)
This bipartisan, bicameral draft legislation builds upon the previous draft U.S. comprehensive privacy bills and seeks to eliminate the existing patchwork of sectoral-based and state-specific data privacy laws in the United States. If passed, the APRA would rival the EU General Data Protection Regulation (GDPR) and become one of the leading global privacy standards.
Solicitation of Membership Nominations for the Advisory Committee on Excellence in Space (ACES)
NOAA is seeking up to 25 individuals to serve on the Advisory Committee on Excellence in Space (ACES), a Federal advisory committee. Members of the committee will evaluate economic, technological, and institutional developments relating to nongovernmental space activities and submit advice and recommendations on promising new ideas and approaches for Federal policies and programs. The ACES membership should consist of a variety of space policy, engineering, technical, science, legal, and finance professionals with significant experience in the commercial space industry.
Comments Due: 5/29/2024
‘Catastrophic Success’ Threatens Army Education Benefits
Two of the Service’s premier education benefits, Credential and Tuition Assistance, are under review. Higher ed advocates are concerned.
New Battle Lines Drawn in Congressional Fight With Colleges
Congress has ratcheted up its scrutiny of colleges in recent months in response to increased student protests against Israel’s war in Gaza and reports of increased antisemitic incidents on campuses. But this latest effort is the most coordinated and expansive inquiry into the nation’s colleges and universities, and the consequences could be vast. Several lawmakers hinted Tuesday at the possibility of cutting off billions of federal dollars for financial aid and research to institutions they say are violating federal civil rights laws by not adequately protecting Jewish students.
New AI Guidelines Aim to Help Research Libraries
The new list of seven principles support librarians increasingly bombarded with questions about artificial intelligence.
Yale Freshman Creates AI Chatbot With Answers on AI Ethics
Amid intellectual property and ethics concerns about AI large language models, a student created one based on his professor’s ethics work.
House Passes Antisemitism Awareness Act
Lawmakers in the House of Representatives voted 310 to 91 Wednesday to codify a broad definition of antisemitism into federal civil rights law.
What the ‘Antisemitism Awareness’ Bill Could Mean for Higher Ed
The House voted Wednesday to codify a broad definition of antisemitism into federal law. Supporters say it’s necessary to protect Jewish students. Critics worry that it could chill free speech on campus.
Request for Nominations for Members To Serve on National Institute of Standards and Technology and National Technical Information Service Federal Advisory Committees
The National Institute of Standards and Technology (NIST or Institute) and the National Technical Information Service (NTIS) invites and requests 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.
Nominations accepted: Ongoing
Temple DPS Ride-Along Program Pairs Students with Campus Police
Earlier this year, Temple University’s Department of Public Safety (TUDPS) launched a new ride-along initiative, connecting students interested in law enforcement with Temple police to provide a firsthand understanding of the duties of a campus officer. The program is also open to non-students as Temple’s Department of Public Safety seeks to hire more officers amid a national shortage.
Call for Nominations for the Scientific Earthquake Studies Advisory Committee
The Department of the Interior is seeking nominations to serve on the Scientific Earthquake Studies Advisory Committee (SESAC). The SESAC advises the Director of the U.S. Geological Survey (USGS) on matters relating to the USGS’s participation in the National Earthquake Hazards Reduction Program (NEHRP).
Nominations Due: 6/7/2024
Invasive Species Advisory Committee; Second Request for Nominations
The U.S. Department of the Interior, on behalf of the interdepartmental National Invasive Species Council (NISC), proposes to appoint new members to the Invasive Species Advisory Committee (ISAC). The Secretary of the Interior, acting as administrative lead, is requesting nominations for qualified persons to serve as members of the ISAC.
Nominations Due: 6/7/2024
Protests Magnify Concerns About Student Mental Health
Data from digital mental health platforms for college students show an increased demand for counseling amid tensions stemming from the Israel-Hamas war.
Political Standoff Over Title IX Puts Red State Colleges in No-Win Situation
Eight states—so far—say they’ll defy the Biden administration and not comply with the new Title IX regulations. That would imperil nearly $13 billion in federal aid for public universities in those states.
Expert Guide | Promoting Student Mental Health & Well-Being
Authored by Jeffrey Selingo. Learn why institutions need to take a multifaceted approach to strengthen student mental health and well-being initiatives and explore the 9 principles of effective prevention programs. Download the expert guide today!
The Next Carnegie Classification Update Will Be Its Biggest Yet (The Chronicle)
The classifications are revised every few years, but Gunja is billing the 2025 version as “the biggest update since the classifications were first released in 1973,” for changes including the mobility measure and others…. The basic classification, which every U.S. college gets, is simplifying drastically. A college’s research activity will no longer be part of the basic classification. Instead, a research label will only apply to those colleges that conduct a lot of research.
Policies
There are no new or revised policies to report this month. There are several that are in various review stages and those will be shared as soon as they are approved. |
