Compliance News

Policy Alert – January 2021

• February 1st, 2021
• in Compliance, Newsletter, Policy Update

Policies

Compliance Alert – January 2021

• February 1st, 2021
• in Compliance, Newsletter, Regulations

Items of Interest

The Department of Education, during the month of January, launched six new notice of investigations and records requests concerning Section 117 of the Higher Education Act, Foreign Gift and Contract Reporting.

U.S. Department of Education Announces Biden-Harris Appointees
The U.S. Department of Education announced senior political appointees who will lead various parts of the agency. These diverse and accomplished individuals will bring a wealth of knowledge and expertise to the agency and work to quickly advance key education priorities for the Biden-Harris administration.

Executive Orders

Economic Relief Related to the COVID-19 Pandemic
The pandemic caused by the coronavirus disease 2019 (COVID-19) has led to an economic crisis marked by the closure of small businesses, job loss, food and housing insecurity, and increased challenges for working families balancing jobs and caregiving responsibilities. The current economic crisis has affected Americans throughout the Nation, but it is particularly dire in communities of color. The problems are exacerbated because State and local governments are being forced to consider steep cuts to critical programs to address revenue shortfalls the pandemic has caused. In addition, many individuals, families, and small businesses have had difficulties navigating relief programs with varying eligibility requirements, and some are not receiving the intended assistance. The economic crisis resulting from the pandemic must be met by the full resources of the Federal Government.

Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers
School and higher education administrators, educators, faculty, child care providers, custodians and other staff, and families have gone above and beyond to support children’s and students’ learning and meet their needs during this crisis. Students and teachers alike have found new ways to teach and learn. Many child care providers continue to provide care and learning opportunities to children in homes and centers across the country. However, leadership and support from the Federal Government is needed. Two principles should guide the Federal Government’s response to the COVID-19 crisis with respect to schools, child care providers, Head Start programs, and higher education institutions.

Protecting Worker Health and Safety
The Federal Government must take swift action to reduce the risk that workers may contract COVID-19 in the workplace. That will require issuing science-based guidance to help keep workers safe from COVID-19 exposure, including with respect to mask-wearing; partnering with State and local governments to better protect public employees; enforcing worker health and safety requirements; and pushing for additional resources to help employers protect employees.

Revocation of Certain Executive Orders Concerning Federal Regulation
It is the policy of my Administration to use available tools to confront the urgent challenges facing the Nation, including the coronavirus disease 2019 (COVID-19) pandemic, economic recovery, racial justice, and climate change. To tackle these challenges effectively, executive departments and agencies (agencies) must be equipped with the flexibility to use robust regulatory action to address national priorities. This order revokes harmful policies and directives that threaten to frustrate the Federal Government’s ability to confront these problems, and empowers agencies to use appropriate regulatory tools to achieve these goals.

Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
The Federal Government should pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. Affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the whole of our Government. Because advancing equity requires a systematic approach to embedding fairness in decision-making processes, executive departments and agencies (agencies) must recognize and work to redress inequities in their policies and programs that serve as barriers to equal opportunity.

Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
Every person should be treated with respect and dignity and should be able to live without fear, no matter who they are or whom they love. Children should be able to learn without worrying about whether they will be denied access to the restroom, the locker room, or school sports. Adults should be able to earn a living and pursue a vocation knowing that they will not be fired, demoted, or mistreated because of whom they go home to or because how they dress does not conform to sex-based stereotypes. People should be able to access healthcare and secure a roof over their heads without being subjected to sex discrimination. All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.

Proclamations
Ending Discriminatory Bans on Entry to the United States
Executive Order 13780, and Proclamations 9645, 9723, and 9983 are hereby revoked. Resumption of Visa Processing and Clearing the Backlog of Cases in Waiver Processing. (a) The Secretary of State shall direct all Embassies and Consulates, consistent with applicable law and visa processing procedures, including any related to coronavirus disease 2019 (COVID-19), to resume visa processing in a manner consistent with the revocation of the Executive Order and Proclamations specified in section 1 of this proclamation.

Federal Regulations

Final Rules
Independent Contractor Status Under the Fair Labor Standards Act
The U.S. Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or the Act) to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy. Federal Agency: Wage and Hour Division, Department of Labor Applicable Dept.: HR

Operation of Small Unmanned Aircraft Systems Over People
This rule finalizes the February 13, 2019 notice of proposed rulemaking titled “Operation of Small Unmanned Aircraft Systems over People” (the NPRM). In June 2016, the FAA published remote pilot certification and operating rules for civil small unmanned aircraft weighing less than 55 pounds. Those rules did not permit small unmanned aircraft operations at night or over people without a waiver. The NPRM proposed to modify these regulations to permit routine operations of small unmanned aircraft over people and at night under certain conditions, in addition to changing the recurrent training framework, expanding the list of persons who may request the presentation of a remote pilot certificate, and making other minor changes. Federal Agency: Federal Aviation Administration (FAA) and Office of the Secretary of Transportation (OST), Department of Transportation (DOT). Applicable Dept.: Compliance

Remote Identification of Unmanned Aircraft
This action requires the remote identification of unmanned aircraft. The remote identification of unmanned aircraft in the airspace of the United States will address safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States, laying a foundation for enabling greater operational capabilities. This rule is effective March 16, 2021, except for amendatory instruction 19, adding subpart C to part 89, which is effective September 16, 2022. Federal Agency: Federal Aviation Administration (FAA), Department of Transportation (DOT) Applicable Dept.: Compliance

Tax on Excess Tax-Exempt Organization Executive Compensation
This document sets forth final regulations under section 4960 of the Internal Revenue Code (Code), which imposes an excise tax on remuneration in excess of $1,000,000 and any excess parachute payment paid by an applicable tax-exempt organization to any covered employee. The regulations affect certain tax-exempt organizations and certain entities that are treated as related to those organizations. Federal Agency: Internal Revenue Service (IRS), Treasury. Applicable Dept.: Finance

Proposed Rules
Proposed Modifications to the HIPAA Privacy Rule To Support, and Remove Barriers to, Coordinated Care and Individual Engagement
The United States Department of Health and Human Services (HHS or “the Department”) is issuing this Notice of Proposed Rulemaking (NPRM) to modify the Standards for the 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). These modifications address standards that may impede the transition to value-based health care by limiting or discouraging care coordination and case management communications among individuals and covered entities (including hospitals, physicians, and other health care providers, payors, and insurers) or posing other unnecessary burdens. The proposals in this NPRM address these burdens while continuing to protect the privacy and security of individuals’ protected health information. Federal Agency: Office for Civil Rights, Office of the Secretary, HHS Applicable Dept.: UMC, HIPAA Covered entities Comments Due: 3/22/2021

Notices
Asbestos (Part 1: Chrysotile Asbestos); Final Toxic Substances Control Act (TSCA) Risk Evaluation; Notice of Availability
The Environmental Protection Agency (EPA) is announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation of Asbestos Part 1 (Chrysotile Asbestos). The purpose of conducting risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use, including an unreasonable risk to a relevant potentially exposed or susceptible subpopulation, without consideration of costs or other nonrisk factors. EPA has determined that specific conditions of use of Chrysotile Asbestos present an unreasonable risk of injury to health. For those conditions of use for which EPA has found an unreasonable risk, EPA must take regulatory action to address that unreasonable risk through risk management measures enumerated in TSCA. EPA has also determined that specific conditions of use do not present unreasonable risk of injury to health or the environment. For those conditions of use for which EPA has found no unreasonable risk to health or the environment, the Agency’s determination is a final Agency action and is issued via order in the risk evaluation. EPA is currently developing Part 2 of the TSCA risk evaluation for Asbestos which will evaluate risk of injury to health or the environment for legacy uses and associated disposals of asbestos. The Agency plans to release a draft scope for Part 2 of the risk evaluation for Asbestos for public comment mid-year 2021. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS

Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements
The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions.
Federal Agency: Office of Management (OM), Department of Education (ED). Applicable Dept.: Academic Affairs Comments Due: 2/4/2021

Comprehensive Transition Program (CTP) for Disbursing Title IV Aid to Students With Intellectual Disabilities Expenditure Report
The Higher Education Opportunity Act, Public Law 110-315, added provisions to the Higher Education Act of 1965, as amended, in section 750 and 766 that enable eligible students with intellectual disabilities to receive Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, and Federal Work Study funds if they are enrolled in an approved program. The Comprehensive Transition Program (CTP) for Disbursing Title IV Aid to Students with Intellectual Disabilities expenditure report is the tool for reporting the use of these specific funds. The data is used by the Department to monitor program effectiveness and accountability of fund expenditures. The data is used in conjunction with institutional program reviews to assess the administrative capability and compliance of the applicants. Federal Agency: Federal Student Aid (FSA), Department of Education Applicable Dept.: Student Financial Aid Comments Due: 2/12/2021

Higher Education Emergency Relief Fund (HEERF) Improper Payments Information Form
Under the CARES Act’s Higher Education Emergency Relief Fund (HEERF), the Department has made over 12,000 awards to institutions of higher education (IHEs) to support emergency financial aid to students and institutional costs associated with significant changes to the delivery of instruction due to the coronavirus. This form will be used by institutions that have improperly drawn down funds from their award accounts to provide the Department with information regarding funds being returned to correct these improper payments. Federal Agency: Department of Education (ED), Office of Postsecondary Education (OPE) Applicable Dept.: Student Financial Aid Comments Due: 3/15/2021

Notice Inviting Applications for Funds Under the Higher Education Emergency Relief Fund (HEERF), Section 314(a)(1); Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA)
The Secretary is announcing the availability of new HEERF grant funding under section 314(a)(1) of the CRRSAA and inviting applications from public and nonprofit institutions that did not previously receive funding under section 18004(a)(1) of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This notice relates to the approved information collections under OMB control numbers 1801-0005 and 1840-0842. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Financial Aid, Contracts & Grants, and Financial Accounting

Policy Update – November & December 2020

• December 18th, 2020
• in Policy Update

Compliance Alert – November & December 2020

• December 18th, 2020
• in Compliance, Newsletter, Regulations

Alabama Legislature | 2021 | Regular Session | Prefiling

Summary/Title: Education, prohibit public institutions of higher education from providing support for organizations affiliated with China government

Spectrum: Partisan Bill (Republican 5-0)
Status: Introduced on February 2 2021 – 25% progression
Action: 2021-02-02 – Read for the first time and referred to the House of Representatives committee on Education Policy Pending: House Education Policy Committee Text: Latest bill text (Introduced) [PDF]

Summary/Title: Terrorism, to create a statewide terrorism registry, to provide a system for registration by people convicted of certain terrorism offenses, provide for registration fees, provide for the duties of the Alabama State Law Enforcement Agency, Secs. 13A-10-160.01 to 13A-10-160.15, inclusive, added

Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on February 2 2021 – 25% progression
Action: 2021-02-02 – Read for the first time and referred to the House of Representatives committee on Judiciary Pending: House Judiciary Committee Text: Latest bill text (Introduced) [PDF]

Summary/Title: Law enforcement officers, requiring officers to have not less than 16 hours of crisis intervention training

Spectrum: Partisan Bill (Republican 4-0)
Status: Introduced on February 2 2021 – 25% progression
Action: 2021-02-02 – Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
Pending: House Public Safety and Homeland Security Committee Text: Latest bill text (Introduced) [PDF]

Items of Interest

Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, William D. Ford Federal Direct Loan Program, and Federal-Work Study Programs)

The Secretary is issuing updated waivers and modifications of statutory and regulatory provisions governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act or Act). The HEROES Act requires the Secretary to publish, in a document in the Federal Register , the waivers or modifications of statutory or regulatory provisions applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965, as amended (HEA), to assist individuals who are performing qualifying military service, and individuals who are affected by a disaster, war, or other military operation or national emergency. On March 13, 2020, President Trump declared a national emergency based on the COVID-19 outbreak. Effective December 11, 2020. The waivers and modifications in this document expire as noted within each of the provisions below, unless extended by the Secretary in a document published in the Federal Register. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Student Financial Aid, Compliance, Finance, Public Safety, Registrar’s Office, OAA

HHS Proposes Modifications to the HIPAA Privacy Rule to Empower Patients, Improve Coordinated Care, and Reduce Regulatory Burdens

Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announces proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to support individuals’ engagement in their care, remove barriers to coordinated care, and reduce regulatory burdens on the health care industry.

The Notice of Proposed Rulemaking (NPRM) is part of HHS’s Regulatory Sprint to Coordinated Care, initiated under HHS Secretary Alex Azar’s value-based transformation agenda and led by HHS Deputy Secretary Eric Hargan, which seeks to promote value-based health care by examining federal regulations that impede efforts among health care providers and health plans to better coordinate care for patients. Public comments on the NPRM will be due 60 days after publication of the NPRM in the Federal Register.  The NPRM may be viewed or downloaded from HHS’s website.  Federal Agency: Office for Civil Rights, Office of the Secretary, HHS Applicable Dept.: HIPAA covered entities

 Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Unmanned Aircraft Systems (UAS) Market Survey
The FAA mission and vision are to provide the safest, most efficient aerospace system in the world as new users and technologies integrate into the system. Currently, unmanned aircraft systems (UAS) operations are expanding beyond 14 Code of Federal Regulations (CFR) part 107 via waiver and exemption. To broadly integrate these expanded operations, to include air carrier operations, further rulemaking will be necessary. To support revisions to current regulations and the development of new regulations that will support integration, the FAA plans to survey experts in industry and academia on UAS. The survey seeks to collect data from industry leaders on the common fatigue-related practices for the operation of UAS and the minimum knowledge, skills, abilities (KSAs), testing, and staffing procedures required for operating UAS. Federal Agency: Federal Aviation Administration Comments Due: 1/19/2021

 Multi Association Letter to Biden-Harris Administration on Regulatory Actions

COGR signed on to the linked letter highlighting some areas of concern and immediate actions the incoming administration can take that would be important to the higher education community.

 Final Rules

Significant New Use Rules on Certain Chemical Substances (20-2.B)
EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which were the subject of premanufacture notices (PMNs). This action requires persons to notify EPA least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. This action further requires that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS

Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption
The U.S. Department of Labor’s (DOL’s) Office of Federal Contract Compliance Programs (OFCCP) publishes this final rule to clarify the scope and application of the religious exemption. These clarifications to the religious exemption will help organizations with federal government contracts and subcontracts and federally assisted construction contracts and subcontracts better understand their obligations. Federal Agency: Office of Federal Contract Compliance Programs, Labor Applicable Dept.: HR, EOP

 Modification of Significant New Uses of Certain Chemical Substances (20-1.M)
EPA is amending significant new use rules (SNURs) issued under the Toxic Substances Control Act (TSCA) for certain chemical substances, which were the subject of premanufacture notices (PMNs) and significant new use notices (SNUNs). As a result of EPA’s review of SNUNs for these chemical substances and based on new and existing data, EPA is finalizing amendments to these SNURs. Specifically, this action amends the identified SNURs to allow certain new uses reported in the SNUNs without additional notification requirements and modify the significant new use notification requirements based on the actions and determinations for the SNUN submissions.
Federal Agency: Environmental Protection Agency  Applicable Dept.: EHS  

 Procedures to Resolve Potential Employment Discrimination
The U.S. Department of Labor (“the Department”) publishes this final rule to codify procedures that the Office of Federal Contract Compliance Programs (“OFCCP” or “the agency”) uses to resolve potential discrimination and other material violations of the laws and regulations administered by OFCCP applicable to Federal contractors and subcontractors, add clarifying definitions to specify the types of evidence OFCCP uses to support its discrimination findings, and correct the title of OFCCP’s agency head.
Federal Agency: Office of Federal Contract Compliance Programs, Labor Applicable Dept.: EOP, Compliance, HR  

The Department’s Enforcement Authority for Failure to Adequately Report Under Section 117 of the Higher Education Act of 1965, as Amended
The U.S. Department of Education (Department) issues this interpretation to clarify the Department’s enforcement authority for failure to adequately report under section 117 of the Higher Education Act of 1965, as amended (HEA). Federal Agency: Office of the General Counsel, Department of Education Applicable Dept.: Compliance, Student Account Services, Advancement, Sponsored Research Comments Due: 12/14/2020

Proposed Rules
Significant New Use Rules on Certain Chemical Substances (21-1.B)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination.
Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 12/16/2020

Modification of Significant New Uses of Certain Chemical Substances (20-2.M)
EPA is proposing to amend significant new use rules (SNURs) issued under the Toxic Substances Control Act (TSCA) for certain chemical substances, which were the subject of a premanufacture notice (PMN) and a significant new use notice (SNUN). EPA is proposing these amendments following review of SNUNs for the chemical substances and based on review of new and existing data. Specifically, this action proposes to amend the SNURs to allow certain new uses reported in the SNUNs without additional notification requirements and modify the significant new use notification requirements based on the actions and determinations for the SNUN submissions.
Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 12/18/2020

Notices

Agency Information Collection Activities; Comment Request; Higher Education Act (HEA) Title II Report Cards on State Teacher Credentialing and Preparation
This request is a revision that includes COVID-19 guidance and to approve the state report card and institution and program report cards required by the Higher Education Act of 1965, as amended in 2008 by the Higher Education Opportunity Act (HEOA). States must report annually on criteria and assessments required for initial teacher credentials using a State Report Card (SRC), and institutions of higher education (IHEs) with teacher preparation programs (TPP), and TPPs outside of IHEs, must report on key program elements on an Institution and Program Report Card (IPRC). IHEs and TPPs outside of IHEs report annually to their states on program elements, including program numbers, type, enrollment figures, demographics, completion rates, goals and assurances to the state. States, in turn, must report on TPP elements to the Secretary of Education in addition to information on assessment pass rates, state standards, initial credential types and requirements, numbers of credentials issued, TPP classification as at-risk or low-performing. The information from states, institutions, and programs is published annually in The Secretary’s Report to Congress on Teacher Quality. Start Printed Page 79171The Department plans to use the SRC and IPRC current instruments, unchanged, for the FY21 through FY23 data collections, in order to maintain continuity in the information available. There is no change in burden due to the addition of Institutions with Teacher Preparation Programs. The Department has included additional instruction to aid institutions in reporting data that may differ from usual data due to COVID restrictions. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Institutional Research and Assessment Comments Due: 2/8/2021

 Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Office of State Support Progress Check Quarterly Protocol
The Office of School Support and Accountability (SSA) administers Title I, Sections 1001-1004 (School Improvement); Title I, Part A (Improving Basic Programs Operated by Local Educational Agencies); Title I, Part B (Enhanced Assessments Grants (EAG), and Grants for State Assessments and Related Activities); Title II, Part A (Supporting Effective Instruction); Title III, Part A (English Language Acquisition, Language Enhancement, and Academic Achievement); and School Improvement Grants (SIG). Quarterly progress checks, phone or in-person conversations every three months of a fiscal year with State directors and coordinators, help ensure that State Educational Agencies (SEAs) are making progress toward increasing student achievement and improving the quality of instruction for all students through regular conversations about the quality of SEA implementation of SSA administered programs. The information shared with the SSA helps inform the selection and delivery of technical assistance to SEAs and aligns structures, processes, and routines so the SSA can regularly monitor the connection between grant administration and intended outcomes. Progress checks also allow the SSA to proactively engage with SEAs to identify any issues ahead of formal monitoring visits, decreasing the need for enforcement actions and minimizing burden for SEAs. ED will collect this data from the 53 grantees that receive the grants listed above to inform its review of grantee implementation, outcomes, oversight, and accountability. In order to allow for a comprehensive program review of SSA grantees, we are requesting a three-year clearance with this form. Federal Agency: Office of Elementary and Secondary Education (OESE), Department of Education Applicable Dept.: Academic Affairs Comments Due: 12/31/2020

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Generic Application Package for Departmental Generic Grant Programs
The Department is requesting an extension of the approval for the Generic Application Package that numerous ED discretionary grant programs use to provide to applicants the forms and information needed to apply for new grants under those grant program competitions. The Department will use this Generic Application package for discretionary grant programs that: (1) Use the standard ED or Federal-wide grant applications forms that have been cleared separately through OMB under the terms of this generic clearance as approved by OMB and (2) use selection criteria from the Education Department General Administrative Regulations (EDGAR); selection criteria that reflect statutory or regulatory provisions that have been developed under 34 CFR 75.209, or a combination of EDGAR, statutory or Start Printed Page 78840regulatory criteria or other provisions, as authorized under 34 CFR 75.200 and 75.209. The use of the standard ED grant application forms and the use of EDGAR and/or criteria developed under §§ 75.200 and 75.209 promotes the standardization and streamlining of ED discretionary grant application packages. Federal Agency: Office of the Secretary, Department of Education Applicable Dept.: Sponsored Programs Comments Due: 1/6/2020

 Agency Information Collection Activities; Submission for OMB Review; Comment Request; Requirements for Occupational Safety and Health Administration Training Institute Education Centers Program and Occupational Safety and Health Administration Outreach
OSHA’s Office of Training and Educational Programs is designed to recognize and promote excellence in safety and health training. The OSHA Training Institute’s (OTI) Education Centers offer courses for the private sector and other federal agency personnel at locations throughout the United States. OSHA extends its training reach to workers through its various Outreach Training Programs. Through the Outreach Training Programs, qualified individuals complete an OSHA trainer course and become authorized to teach student courses. The collection of information requirements contained in these programs are necessary to evaluate the applicant organization and to implement, oversee, and monitor the OTI Education Centers and Outreach Training Programs, courses and trainers. Federal Agency: Department of Labor Applicable Dept.: Continuing Studies, EHS Comments Due: 11/25/2020

 Agency Information Collection Activities; Comment Request; Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements
The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions. Federal Agency: Office of Planning, Evaluation and Policy Development (OPEPD), Department of Education (ED) Applicable Dept.: Registrar’s Office Comments Due: 12/28/2020

 Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Asbestos Abatement Worker Protection (Renewal)
The 2000 Asbestos Worker Protection Rule (40 CFR part 763, subpart G) (hereafter referred to as the “2000 WPR,” or simply “WPR”) establishes workplace standards for the protection of state and local government employees who work with asbestos and who are not covered by a state plan approved by the Occupational Safety and Health Administration (OSHA). Currently, state and local government employees in 24 states, the District of Columbia (DC), and three additional U.S. territories (DC and the territories are counted as one “state equivalent”) who perform construction work, including building construction, renovation, demolition, and maintenance activities, and employees who perform brake and clutch repair work, are covered by EPA’s WPR. The WPR incorporates, by reference, the OSHA Construction Industry Standard for Asbestos (29 CFR part 1926.1101) and the General Industry Standard for Asbestos (29 CFR part 1910.1001). As a result, the WPR requires state and local government employers to use engineering controls and appropriate work practices to control the release of asbestos fibers. Covered employers must monitor employee exposure to asbestos and provide employees with personal protective equipment, training, and medical surveillance to reduce the risk of asbestos exposure. Exposure monitoring records must be maintained for 30 years, medical surveillance records for the duration of employment of the affected employees plus 30 years, and training records for the duration of employment plus one year. Employers must also establish written respiratory protection programs and maintain procedures and records of respirator fit tests for one year. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS, Construction Administration Comments Due: 12/2/2020

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Higher Education Emergency Relief Fund (HEERF) Data Collection Form
This information collection supports the annual collection of data pertaining to the uses of funds under the Higher Education Emergency Education Relief Fund (HEER Fund). Section 18004(a) of the CARES Act, Public Law 116-136 (March 27, 2020), authorized the Secretary of Education to allocate formula grant funds to participating institutions of higher education (IHEs). Section 18004(c) of the CARES Act allows IHEs to use up to one-half of the total funds received to cover any costs associated with the significant changes to the delivery of instruction due to the coronavirus (with specific exceptions). This information collection request includes the reporting requirements in order to comply with the requirements of the CARES Act and obtain information on how the funds were used. The information will be reviewed by U.S. Department of Education (Department) employees to ensure that HEER funds are used in accordance with section 18004 of the CARES Act, and will be shared with the public to promote transparency regarding the allocation and uses of funds. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: CERA, Student Financial Aid, Student Account Services, and Sponsored Programs Comments Due: 12/2/2020

 Agency Information Collection Activities; Comment Request; Comprehensive Transition Program (CTP) for Disbursing Title IV Aid to Students With Intellectual Disabilities Expenditure Report
The Higher Education Opportunity Act, Public Law 110-315, added provisions to the Higher Education Act of 1965, as amended, in section 750 and 766 that enable eligible students with intellectual disabilities to receive Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, and Federal Work Study funds if they are enrolled in an approved program. The Comprehensive Transition Program (CTP) for Disbursing Title IV Aid to Students with Intellectual Disabilities expenditure report is the tool for reporting the use of these specific funds. The data is used by the Department to monitor program effectiveness and accountability of fund expenditures. The data is used in conjunction with institutional program reviews to assess the administrative capability and compliance of the applicants.
Federal Agency: Federal Student Aid, Department of Education Applicable Dept.: Student Financial Aid Comments Due: 1/4/2021

 Agency Information Collection Activities; Comment Request; Third Party Authorization Form
This is a request for a new information collection for a third-party authorization form to be used by federal student loan borrowers to designate or revoke a designation of an individual or organization to represent the borrower in matters related to their federally held student loans. This form will standardize the way that borrowers provide privacy act releases and authorization for a third party to take action on borrowers’ federal student loan accounts held by various servicers. This will standardize processes and help borrowers and their third-party representatives when loans transfer between servicers. This information collection stems from the Privacy Act of 1974 and the common law legal principles of agency, which is not reflected in the Department’s statute or regulations, but with which the Department must comply or which the Department supports. Federal Agency: Federal Student Aid, Department of Education Applicable Dept.: Student Financial Aid Comments Due: 1/4/2021

Policy Update – October 2020

• November 1st, 2020
• in Policy Update

Compliance Alert – October 2020

• November 1st, 2020
• in Compliance, Newsletter, Regulations

Final Rules

Ownership Attribution Under Section 958 Including for Purposes of Determining Status as Controlled Foreign Corporation or United States Shareholder
This document contains final regulations relating to the modification of section 958(b) of the Internal Revenue Code (“Code”) by the Tax Cuts and Jobs Act, which was enacted on December 22, 2017. This document finalizes the proposed regulations published on October 2, 2019. The final regulations affect United States persons that have ownership interests in, or that make or receive payments to or from, certain foreign corporations. Federal Agency: Internal Revenue Service (IRS), Treasury. Applicable Dept.: Finance  

Direct Grant Programs; State-Administered Formula Grant Programs; Non Discrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance; etc.
In response to Executive Order 13864 (Improving Free Inquiry, Transparency, and Accountability at Colleges and Universities), the Department of Education revises its current regulations to encourage institutions of higher education to foster environments that promote open, intellectually engaging, and diverse debate, including through compliance with the First Amendment to the U.S. Constitution for public institutions and compliance with stated institutional policies regarding freedom of speech, including academic freedom, for private institutions. These regulations also require a public institution to not deny a religious student organization any of the rights, benefits, or privileges that are otherwise afforded to other student organizations. In response to recent decisions from United States Supreme Court’s decisions, the Department revises its current regulations regarding grant programs authorized under titles III and V of the Higher Education Act of 1965, as amended (HEA), and the eligibility of students to obtain certain benefits under those programs. The Department also revises its current regulations to clarify how educational institutions may demonstrate that they are controlled by a religious organization to qualify for the exemption provided under Title IX, 20 U.S.C. 1681(a)(3), to the extent Title IX or its implementing regulations would not be consistent with the religious tenets of such organization. Federal Agency: Office for Civil Rights, Office of Postsecondary Education, Department of Education Applicable Dept.: EOP, Sponsored Programs

Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States
The Department of Labor (DOL or the Department) is amending Employment and Training Administration (ETA) regulations governing the prevailing wages for employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H-1B, H-1B1, or E-3 nonimmigrant visas. Specifically, DOL is amending its regulations governing permanent labor certifications and Labor Condition Applications (LCAs) to incorporate changes to the computation of wage levels under the Department’s four-tiered wage structure based on the Occupational Employment Statistics (OES) wage survey administered by the Bureau of Labor Statistics (BLS). The primary purpose of these changes is to update the computation of prevailing wage levels under the existing four-tier wage structure to better reflect the actual wages earned by U.S. workers similarly employed to foreign workers. This update will allow DOL to more effectively ensure that the employment of immigrant and nonimmigrant workers admitted or otherwise provided status through the above-referenced programs does not adversely affect the wages and job opportunities of U.S. workers. Federal Agency: Department of Labor Applicable Dept.: HR, OAA Comments Due: 11/9/2020

Strengthening the H-1B Nonimmigrant Visa Classification Program
The Department of Homeland Security (DHS or the Department), is amending certain DHS regulations governing the H-1B nonimmigrant visa program. Specifically, DHS is: Revising the regulatory definition of and standards for a “specialty occupation” to better align with the statutory definition of the term; adding definitions for “worksite” and “third-party worksite”; revising the definition of “United States employer”; clarifying how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an “employer-employee relationship” between the petitioner and the beneficiary; requiring corroborating evidence of work in a specialty occupation; limiting the validity period for third-party placement petitions to a maximum of 1 year; providing a written explanation when the petition is approved with an earlier validity period end date than requested; amending the general itinerary provision to clarify it does not apply to H-1B petitions; and codifying USCIS’ H-1B site visit authority, including the potential consequences of refusing a site visit. The primary purpose of these changes is to better ensure that each H-1B nonimmigrant worker (H-1B worker) will be working for a qualified employer in a job that meets the statutory definition of a “specialty occupation.” These changes are urgently necessary to strengthen the integrity of the H-1B program during the economic crisis caused by the COVID-19 public health emergency to more effectively ensure that the employment of H-1B workers will not have an adverse impact on the wages and working conditions of similarly employed U.S. workers. In addition, in strengthening the integrity of the H-1B program, these changes will aid the program in functioning more effectively and efficiently. Federal Agency: U.S. Citizenship and Immigration Services, Department of Homeland Security Applicable Dept.: HR, OAA Comments Due: 11/9/2020

Implementation of Governmentwide Guidance for Grants and Cooperative Agreements
This final rule is the first of a sequence of six rules in this issue of the Federal Register, which were published as Notices of Proposed Rulemaking (NPRMs) on November 7, 2016. The six rules collectively establish for DoD grants and cooperative agreements an updated interim implementation of Governmentwide guidance on administrative requirements, cost principles, and audit requirements for Federal awards. This final rule removes outdated portions of the DoD Grant and Agreement Regulations (DoDGARs) and replaces it with a new DoDGARs part containing revised implementation of the guidance, and establishes seven subchapters within DoD’s chapter of the Grants and Agreements title of the Code of Federal Regulations. Federal Agency: Office of the Secretary, Department of Defense Applicable Dept.: Sponsored Programs

Proposed Rules
Independent Contractor Status Under the Fair Labor Standards Act
The U.S. Department of Labor (the Department) is revising its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA or Act) in order to promote certainty for stakeholders, reduce litigation, and encourage innovation in the economy. Federal Agency: Wage and Hour Division, Department of Labor Applicable Dept.: Human Resources Comments Due: 10/26/2020

Notices
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; CARES Act 18004(a)(1) Reserve Fund Application
Section 18004(a)(1) of the CARES Act, Public Law 116-136 (March 27, 2020), authorizes the Secretary of Education to allocate formula grant funds to participating institutions of higher educations (IHEs). Section 18004(c) of the CARES Act requires the IHEs to use no less than fifty percent of the funds received to provide emergency financial aid grants to students for expenses related to the disruption of campus operations due to coronavirus (including eligible expenses under a student’s cost of attendance such as food, housing, course materials, technology, health care, and child care).This collection includes application materials for those institutions not included in the original formula-based allocation table under 18004(a)(1) because the requisite Integrated Postsecondary Education Data System (IPEDS) enrollment data and Federal Student Aid (FSA) Pell data were not available. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Student Financial Aid, Compliance Comments Due: 10/28/2020

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Talent Search (TS) Annual Performance Report
Talent Search grantees must submit the report annually. The report provides the Department of Education with information needed to evaluate a grantee’s performance and compliance with program requirements and to award prior experience points in accordance with the program regulations. The data collection is also aggregated to provide national information on project participants and program outcomes. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Academic Affairs, Student Support Services TRIO Program Comments Due: 10/29/2020

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; CARES Act 18004(a)(3) Budget and Expenditure Reporting
Section 18004(a)(3) of the CARES Act authorizes the Secretary to allocate funds for part B of Title VII of the HEA, for institutions of higher education that the Secretary determines have the greatest unmet needs related to coronavirus. This collection includes a budget and expenditure reporting form for institutions potentially eligible for funds under this section. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Enrollment Management, Student Financial Aid, Compliance Comments Due: 11/13/2020

Significant New Use Rules on Certain Chemical Substances (20-9.B)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination.
Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 11/16/2020

Significant New Use Rules on Certain Chemical Substances (20-10.B)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination.
Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 11/19/2020

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Hazard Communication
The purpose of the Hazard Communication Standard (HCS) (29 CFR 1910.1200) and its collection of information requirements is to ensure that the hazards of chemicals produced or imported are evaluated and that information concerning these hazards is transmitted to employers and employees. The standard requires all employers to establish hazard communications programs, to transmit information on the hazards of chemicals to their employees by means of container labels, safety data sheets and training programs.Federal Agency: Department of Labor Applicable Dept.: EHS Comments Due: 11/23/2020

Items of Interest

Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions
The Department of Homeland Security (DHS or the Department) proposes to amend its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement will be suspended), by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment. This proposed rule would not affect the order of selection as between the regular cap and the advanced degree exemption. The wage level ranking would occur first for the regular cap selection and then for the advanced degree exemption.

COGR recently announced the Draft Uniform Guidance Readiness Guide 2020  is available. The Guide was developed by a Working Group comprised of members from the Contract and Grants Administration & Costing and Financial Compliance Committees, and COGR staff, and focuses on the critical changes in the new UG and how institutions should prepare.

Section 117 of the Higher Education Act of 1965
The Department of Education alleges widespread non-compliance of Foreign Gift Reporting in new report.  Additionally, the Department has updated how it collects Foreign Gift and Contract transactions through the updated reporting portal that became available on June 22, 2020.  Historic disclosure reports are available as well as the full data set.

Policy Update – September 2020

• October 1st, 2020
• in Policy Update

Compliance Alert – September 2020

• October 1st, 2020
• in Newsletter, Regulations

Items of Interest
Research.gov Implementation Update

Important Notice to Presidents of Universities and Colleges and Heads of Other National Science Foundation Grantee Organizations

The National Science Foundation (NSF) has been at the forefront in the development of Federal agency electronic systems designed to prepare and submit proposals for Federal financial assistance. From the introduction of FastLane in 1994, to the incremental development of Research.gov as its eventual replacement, NSF has led the way with modern, agile systems tailored to meet the needs of the research community.

While NSF’s FastLane system has been a resounding success story, it is now an aging, antiquated system that has become increasingly expensive to maintain and even harder to improve. Over the past few years, NSF has partnered with and received valuable input from the research community, resulting in the development of a modern, flexible Research.gov system that reduces administrative burden to meet the current and future needs of researchers, administrators and organizations. As a result, NSF has successfully migrated important research functions from FastLane to Research.gov including the preparation and submission of annual and final project and outcomes reports, most notifications and requests and award payments. NSF is now taking proactive steps to incrementally move the preparation and submission of all proposals from FastLane to Research.gov with a tentative target date for completion by 2022.

In support of this effort, in the coming weeks and months, NSF will begin making changes to specific funding opportunities to require the use of Research.gov for the preparation and submission of proposals to NSF.¹ The Directorate for Biological Sciences (BIO) will soon require the use of Research.gov for the preparation and submission of proposals in response to its core programs that do not have deadline dates. NSF funding opportunities will clearly specify whether submission via Research.gov is available or required.

To ensure that researchers and administrators are prepared for these changes, NSF is developing additional training materials to meet the needs of the community. This includes video tutorials, Frequently Asked Questions, step-by-step guides and a demonstration site. Current training materials are available on the About Research.gov site.

NSF encourages the community to become familiar with Research.gov and to begin using it for the preparation and submission of proposals, as well as to provide NSF with valuable feedback. For additional information, FAQs, opportunities for training and to provide feedback, please visit Research.gov

Final Rules
Implementation of Governmentwide Guidance for Grants and Cooperative Agreements
This final rule is the first of a sequence of six rules in this issue of the Federal Register, which were published as Notices of Proposed Rulemaking (NPRMs) on November 7, 2016. The six rules collectively establish for DoD grants and cooperative agreements an updated interim implementation of Governmentwide guidance on administrative requirements, cost principles, and audit requirements for Federal awards. This final rule removes outdated portions of the DoD Grant and Agreement Regulations (DoDGARs) and replaces it with a new DoDGARs part containing revised implementation of the guidance, and establishes seven subchapters within DoD’s chapter of the Grants and Agreements title of the Code of Federal Regulations. Federal Agency: Office of the Secretary, Department of Defense Applicable Dept.: Sponsored Programs   

Significant New Use Rules on Certain Chemical Substances (20-1.5e)
EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs) and are subject to Orders issued by EPA pursuant to TSCA. This action requires persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. The required notification initiates EPA’s evaluation of the chemical under the conditions of use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required as a result of that determination. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS

Paid Leave Under the Families First Coronavirus Response Act
The Secretary of Labor (“Secretary”) is promulgating revisions and clarifications to the temporary rule issued on April 1, 2020, implementing public health emergency leave under Title I of the Family and Medical Leave Act (FMLA) and emergency paid sick leave to assist working families facing public health emergencies arising out of the Coronavirus Disease 2019 (COVID-19) global pandemic, in response to an August 3, 2020 district court decision finding certain portions of that rule invalid. Both types of emergency paid leave were created by a time-limited statutory authority established under the Families First Coronavirus Response Act (FFCRA), and are set to expire on December 31, 2020. The FFCRA and its implementing regulations, including this temporary rule, do not affect the FMLA after December 31, 2020 Federal Agency: Wage and Hour Division, Department of Labor Applicable Dept.: HR

Notices
Third Party Servicer Data Collection
The Department of Education (the Department) is seeking a revision of the OMB approval of a Third Party Servicer Data Form. This form collects information from third party servicers. This form is used to validate the information reported to the Department by higher education institutions about the third-party servicers that administer one or more aspects of the administration of the Title IV, HEA programs on an institution’s behalf. This form also collects additional information required for effective oversight of these entities. There has been no change to the supporting regulatory language. We have reevaluated the usage of the form and there is a resulting decrease in the number of respondents and burden hours. Federal Agency: Federal Student Aid, Department of Education Applicable Dept.: Student Financial Aid, Student Account Services, Contract Management, CERA Comments Due: 11/16/2020

Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Occupational Safety, Drug-Free Work Force and Related Clauses
This information collection requires that an offeror or contractor submit information to DoD in response to DFARS solicitation four contract clauses relating to occupational safety and drug-free work force program. DoD contracting officers use this information to, verify compliance with requirements for labeling of hazardous materials; ensure contractor compliance and monitor subcontractor compliance with DoD 4145.26-M, DoD Contractors’ Safety Manual for Ammunition and Explosives, and minimize risk of mishaps; identify the place of performance of all ammunition and explosives work; and ensure contractor compliance and monitor subcontractor compliance with DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition, and Explosives. Ensure compliance with the clause program requirements with regard to programs for achieving the objective of a drug-free work force; requires contractor recordkeeping. Federal Agency: Defense Acquisition Regulations System, Department of Defense (DoD). Applicable Dept.: Compliance, EHS, UAPD, Sponsored Programs Comments Due: 11/10/2020

Establishing a Minimum Wage for Contractors, Notice of Rate Change in Effect as of January 1, 2021
The Wage and Hour Division (WHD) of the U.S. Department of Labor (the Department) is issuing this notice to announce the applicable minimum wage rate for workers performing work on or in connection with federal contracts covered by Executive Order 13658, Establishing a Minimum Wage for Contractors (the Executive Order or the Order), beginning January 1, 2021 Federal Agency: Wage and Hour Division, Department of Labor Applicable Dept.: HR, Contract Administration

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application for Grants Under the Talent Search Program
The application is needed to conduct a national competition under the Talent Search Program for FY 2021. The TS Program provides grants to institutions of higher education, public and private agencies and organizations, community-based organizations with experience in serving disadvantaged youth, combinations of such institutions, agencies and organizations, and secondary schools to operate projects that serve qualified individuals from disadvantaged backgrounds. Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED) Applicable Dept.: Sponsored Programs Comments Due: 9/30/2020

Notice of Public Posting Requirement of Grant Information for Higher Education Emergency Relief Fund (HEERF) Grantees
The U.S. Department of Education (Department) publishes a revised Information for Financial Aid Professionals (IFAP) Electronic Announcement (EA), originally posted May 6, 2020, that describes the public reporting requirements for Emergency Financial Aid Grants to Students. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Enrollment Management, Student Financial Aid, Compliance

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Chemical-Specific Rules Under the Toxic Substances Control Act Section 8(a), Certain Nanoscale Materials (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Chemical-Specific Rules under the Toxic Substances Control Act Section 8(a); Certain Nanoscale Materials to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 9/28/2020

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; TSCA Section 8(b) Reporting Requirements for Toxic Substance Control Act (TSCA) Inventory Notifications (Renewal)
This information collection request (ICR) addresses the reporting and recordkeeping requirements under section 8(b) of the Toxic Substance Control Act (TSCA) that are associated with the TSCA Chemical Substance Inventory (TSCA Inventory), as codified in 40 CFR part 710. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 9/28/2020

Report of Dispute Resolution Under Part C of the Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act (IDEA; Pub. L. 108-446) directs the Secretary of Education to obtain data on the dispute resolution process described in Section 615 of the law. This package provides instructions and form necessary for States to report the number of written, signed complaints; mediation requests; and hearing requests and the status of these actions initiated during the reporting year with regards to children served under Part C of IDEA. The form satisfies reporting requirements and is used by OSEP to monitor SEAs and for Congressional and public reporting. No adjustments were made to this data collection therefore we anticipate no change in the response burden associated with this data collection. The Department of Education is interested in public comment addressing the COVID crisis. Specially, are there any considerations to these data collections due to the national emergency caused by the novel Coronavirus disease 2019 (COVID-19). Please note that written comments received in response to this notice will be considered public records. Federal Agency: Office of Special Education and Rehabilitative Services Applicable Dept.: EOP, HR Comments Due: 10/13/2020

Risk Management Programs Under the Clean Air Act; Final Action on Petitions for Reconsideration
As required by the final rule on fees for the administration of the Toxic Substances Control Act (TSCA) (the Fees Rule), in which the Environmental Protection Agency (EPA) established fees to defray some of the costs of administering certain provisions of TSCA, EPA this document announces the availability of the final lists identifying the manufacturers (including importers) of the 20 chemical substances that have been designated as a High-Priority Substance for risk evaluation and for which fees will be charged. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS

Final Lists Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations Under Section 6 of the Toxic Substances Control Act (TSCA); Notice of Availability
As required by the final rule on fees for the administration of the Toxic Substances Control Act (TSCA) (the Fees Rule), in which the Environmental Protection Agency (EPA) established fees to defray some of the costs of administering certain provisions of TSCA, EPA this document announces the availability of the final lists identifying the manufacturers (including importers) of the 20 chemical substances that have been designated as a High-Priority Substance for risk evaluation and for which fees will be charged. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS   

Final Scopes of the Risk Evaluations To Be Conducted for Twenty Chemical Substances Under the Toxic Substances Control Act; Notice of Availability
In accordance with the Toxic Substances Control Act (TSCA), which was amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act in June 2016, and implementing regulations, EPA is announcing the availability of the final scope documents for the risk evaluations to be conducted for the 20 High-Priority Substances designated in December 2019. The scope document for each chemical substance includes the conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations the EPA plans to consider in conducting the risk evaluation for that chemical substance. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS   

Free Application for Federal Student Aid (FAFSA®) Information To Be Verified for the 2021-2022 Award Year
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 2021-2022 award year, CFDA numbers 84.007, 84.033, 84.063, and 84.268 Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Student Financial Aid   

Know Before You Fly

• September 25th, 2020
• in Uncategorized

Unmanned Aircraft Systems (UAS), or drones as they are often called, are easy to purchase, but not so easy to fly. If flown correctly, a UAS can be a cost-effective resource; however, due to their increasing popularity UAS regulations are constantly changing.  Regardless of how easy these machines are to purchase, it is important for operators to know the rules before they fly.

The operation of a UAS is regulated by the Federal Aviation Administration (FAA). Under current FAA regulations, UAS flights are not permitted over the campus of The University of Alabama without prior approvals from the FAA and local Air Traffic Control.  Additionally, operators should be familiar with the University’s Unmanned Aircraft Systems Policy and are required to coordinate all flights using the UAS request form to ensure UAS/drone operators are flying safe and responsibly.

Any usage of a UA-affiliated Unmanned Aircraft System (UAS), regardless of size, location or persons, should always be operated efficiently, safely, ethically and consistent with applicable FAA laws and the University’s UAS Policy.

For more information on UA’s drone policy, please contact the Office of Compliance, Ethics and Regulatory Affairs.

Policy Updates – August 2020

• September 1st, 2020
• in Policy Update