Compliance Alert – June 2022

Legislative Updates

HB46: This bill establishes the State Seal of Biliteracy program to recognize graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English, and would provide for the seal to be awarded to the graduate by the State Department of Education, Including American sign language. Passed on 2022-29-03.

HB138: This bill makes supplemental appropriations from the Education Trust Fund totaling $1,283,283,616 to various agencies and entities for the fiscal year ending September 30, 2022; and to amend Section 3B of Act 2021-342 of the 2021 Regular Session, the Education Trust Fund Appropriations Act for the fiscal year ending September 30, 2022, to clarify the 9 intent regarding an appropriation to the Department of Education. Passed on: 2022-04-07. Conference Committee on HB138 2022RS first Substitute Offered.

HB267: Appropriations, supplemental appropriations for fiscal year ending September 30, 2022, from the Education Trust Fund Advancement and Technology Fund to various school systems and colleges and universities, and other entities. Passed on: 2022–04-06 – Delivered to Governor at 1:53 p.m.

HB312: Education and training, divisive concepts, prohibits teaching of the concepts under certain circumstances, allows teaching of the concepts in public institutions of higher education as long as assent to the concept is not compelled. Status: Engrossed on 2022-03-17 – 50% progression. Action: Pending third on day 28 Favorable from Governmental Affairs.

HB307: Education, issuance of professional educator certificate to individuals completing approved alternative teacher preparation programs, Sec. 16-23-3.01 added; Sec. 16-23-3 am’d. Passed on: 2022-03-29 – Delivered to Governor at 3:34 p.m.

HB395: Alcoholic beverage licenses, Hospitality Management Program license created at certain state universities, activities under license authorized. Passed on 2022-04-05 – Forwarded to Governor.

SB313: Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures. Passed on 2022-04-07 – 100% progression.

HB135: Education budget, appropriations for the support, maintenance, and development of public education. This bill makes appropriations for the support, maintenance and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2023. Passed on: 2022-04-06. Forwarded to the Executive Department.

SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-13B-2, 16-36-60, 16-36-60.1, 16-36-65 am’d. Passed on: 2022-03-03. Assigned Act No. 2022-80.

SB119: Colleges and Universities, Alabama G.I. and Dependents’ Educational Benefit Act, use of scholarship benefits at 2 year or 4 year public or private institutions of higher education physically located in state provided, Sec. 31-6-8 repealed; Secs. 31-6-2, 31-6-2.1, 31-6-3, 31-6-4, 31-6-5, 31-6-6, 31-6-9, 31-6-11, 31-6-12, 31-6-13, 31-6-14, 31-6-15, 31-6-15.1, 31-6-16 am’d.  Passed on 2022-03-01 – Assigned Act No. 2022-91.

Final Rules

Pyridate; Pesticide Tolerances

This regulation establishes tolerances for residues of pyridate in or on lentil, dry, seed and rapeseed subgroup 20A. Belchim Crop Production US Corporation requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA).

Federal Agency: Environmental Protection Agency

Affected Area: EHS, Facilities and Grounds

Health and Human Services Grants Regulation

The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21-cv-00308 (DDC Feb. 2, 2021), has postponed the effective date of portions of the final rule making amendments to the Uniform Administrative Requirements promulgated on January 12, 2021. Specifically, the rule amended paragraph (c), which had stated, “It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services based on non-merit factors such as age, disability, sex, race, color, national origin, religion, gender identity, or sexual orientation. Recipients must comply with this public policy requirement in the administration of programs supported by HHS awards. The rule amended paragraph (c) to state, “It is a public policy requirement of HHS that no person otherwise eligible will be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration of HHS programs and services, to the extent doing so is prohibited by Federal statute.” Additionally, the rule amended paragraph (d), which had stated, “In accordance with the Supreme Court decisions in United States v. Windsor and in Obergefell v. Hodges, all recipients must treat as valid the marriages of same-sex couples. This does not apply to registered domestic partnerships, civil unions or similar formal relationships recognized under state law as something other than a marriage.” The rule amended paragraph (d) to state, “HHS will follow all applicable Supreme Court decisions in administering its award programs.”

Federal Agency: Department of Health and Human Services

Affected Area: ORED, OSP

Importation of Prescription Drugs Final Rule Questions and Answers; Guidance for Industry: Small Entity Compliance Guide; Availability

The Food and Drug Administration (FDA, Agency, or we) is announcing the availability of a final guidance for industry entitled “Importation of Prescription Drugs Final Rule Questions and Answers.” The guidance is intended to help small entities comply with the final rule entitled “Importation of Prescription Drugs.” The final rule was issued to implement a provision of the Federal Food, Drug, and Cosmetic Act (FD&C Act) to allow importation of certain prescription drugs from Canada.

Federal Agency: Food and Drug Administration

Affected Area: UMC

Placement of N-Ethylhexedrone, alpha-Pyrrolidinohexanophenone, 4-Methyl-alpha-ethylaminopentiophenone, 4′-Methyl-alpha-pyrrolidinohexiophenone, alpha-Pyrrolidinoheptaphenone, and 4′-Chloro-alpha-pyrrolidinovalerophenone in Schedule I

By this rule, the Drug Enforcement Administration permanently places six synthetic cathinones, as identified in this rule, in schedule I of the Controlled Substances Act. These six substances are currently listed in schedule I pursuant to a temporary scheduling order. As a result of this rule, the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess) or propose to handle these six specified controlled substances will continue to apply.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: UMC, UAPD, ORED, EHS

Schedules of Controlled Substances: Placement of Methoxetamine (MXE) in Schedule I

With the issuance of this final rule, the Drug Enforcement Administration places 2-(ethylamino)-2-(3-methoxyphenyl)cyclohexan-1-one (methoxetamine, MXE), including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation, in schedule I of the Controlled Substances Act to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances. This action imposes the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess), or propose to handle, methoxetamine.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: UMC, UAPD, ORED, EHS

Proposed Rules

Integrating e-Manifest With Hazardous Waste Exports and Other Manifest-Related Reports, PCB Amendments and Technical Corrections; Extension of Comment Period

The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule entitled “Integrating e-Manifest with Hazardous Waste Exports and Other Manifest-related Reports, PCB Amendments and Technical Corrections.” EPA published the proposed rule in the Federal Register on April 1, 2022 (87 FR 19290), and the public comment period was scheduled to end on May 31, 2022. However, EPA has received at least one request for additional time to develop and submit comments on the proposal. In response to the request for additional time, EPA is extending the comment period for an additional 61 days, through August 1, 2022.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 8/1/2022

Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(a) of the Toxic Substances Control Act (TSCA); Extension of Comment Period

EPA proposed a rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to health it has identified for conditions of use of chrysotile asbestos following completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 7/13/2022

Improve Tracking of Workplace Injuries and Illnesses

The Occupational Safety and Health Administration (OSHA) is extending the comment period on the proposed rule on Improve Tracking of Workplace Injuries and Illnesses for an additional 30 days, to June 30, 2022.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: EHS, Risk Management

Comments Due: 6/30/2022

Clean Water Act Section 401 Water Quality Certification Improvement Rule

Following a careful reconsideration of the water quality certification rule promulgated in 2020, the Environmental Protection Agency (EPA or the Agency) is publishing for public comment a proposed rule revising and replacing the Agency’s 2020 regulatory requirements for water quality certification under Clean Water Act (CWA) section 401. This proposed rule would update the existing regulations to be more consistent with the statutory text of the 1972 CWA; to clarify, reinforce, and provide a measure of consistency with respect to elements of section 401 certification practice that have evolved over the 50 years since the 1971 Rule was promulgated; and to support an efficient and predictable certification process that is consistent with the water quality protection and cooperative federalism principles central to CWA section 401. This proposal is consistent with the Executive order signed on January 20, 2021, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” which directed the Agency to review the water quality certification rule EPA promulgated in 2020. The Agency is also proposing conforming amendments to the water quality certification regulations for EPA-issued National Pollutant Discharge Elimination System permits.

Federal Agency: Environmental Protection Agency

Affected Area: EHS, Water Institute

Comments Due: 8/8/2022

International Services Surveys: Renewal of and Changes to BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property With Foreign Persons, and Clarifying When BE-140 and BE-180 Benchmark Surveys Are Conducted

This proposed rule would amend regulations of the Department of Commerce’s Bureau of Economic Analysis (BEA) to renew reporting requirements for the BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This proposed rule would also amend the regulations for BEA’s two other international services benchmark surveys, the BE-140 Benchmark Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons and the BE-180 Benchmark Survey of Financial Services Transactions between U.S. Financial Services Providers and Foreign Persons, to clarify when the surveys will be conducted.

Federal Agency: Bureau of Economic Analysis, Commerce

Affected Area: Tax Office, ORED

Comments Due: 8/15/2022

Notices

Applications for New Awards; Fund for the Improvement of Postsecondary Education-Open Textbooks Pilot Program

The Open Textbooks Pilot program supports projects at eligible institutions of higher education (IHEs) that create new open textbooks (as defined in this notice) and expand the use of open textbooks and course materials in courses that are part of a degree-granting program, particularly those with high enrollments. Applicants are encouraged to develop projects that demonstrate the greatest potential to achieve the highest level of savings for students through sustainable, expanded use of open educational resources in high-enrollment courses (as defined in this notice) or in programs that prepare individuals for in-demand fields.

Federal Agency: Department of Education

Affected Area: College Bookstore

Comments Due: 7/25/2022

Certain New Chemicals; Receipt and Status Information for April 2022

EPA is required under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to make information publicly available and to publish information in the Federal Register pertaining to submissions under TSCA Section 5, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 04/01/2022 to 04/30/2022.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 6/24/2022

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Request for a Medical or Religious Exception or Delay to the COVID-19 Vaccination Requirement

Section 2 of Executive Order 14043, Requiring Coronavirus Disease 2019 Vaccination for Federal Employees, mandates that each agency “implement, to the extent consistent with applicable law, a program to require COVID-19 vaccination for all of its Federal employees, with exceptions only as required by law.” The Rehabilitation Act of 1973, as amended, requires federal agencies to provide reasonable accommodations to qualified employees with disabilities unless that reasonable accommodation would impose an undue hardship on the employee’s agency. The Department of Labor is proposing to add student volunteers as respondents who may be requesting a medical exception or delay to the COVID-19 vaccination requirement. Additionally, the Department is proposing to add the form, Request for a Religious Exception or Delay to the COVID-19 Vaccination Requirement, to the ICR. This religious exemption form is necessary for DOL to determine legal exemptions to the vaccine requirement from student volunteers under Title VII of the Civil Rights Act of 1964. As student volunteers are not considered to be Federal employees, the Department must account for the burden for student volunteers to complete the form. For additional substantive information about this ICR, see the related notice published in the Federal Register on March 8, 2022 (87 FR 13004).

Federal Agency: Department of Labor

Affected Area: HR, ODS, OAA

Comments Due: 6/27/2022

Temporary Waiver of Buy America Requirements for Construction Materials

As the Biden-Harris Administration implements the historic Bipartisan Infrastructure Law (BIL), we seek to maximize the use of American made products and materials in all federally funded projects while also successfully delivering a wide range of critical infrastructure projects for States, local communities, counties, Tribal nations and farms, factories and businesses across the U.S. In order to deliver projects and meaningful results while ensuring robust adoption of Buy America standards, the U.S. Department of Transportation (“DOT” or “Department”) is establishing a temporary public interest waiver for construction materials for a period of 180 days beginning on May 14, 2022 and expiring on November 10, 2022. DOT is establishing this transitional waiver to prepare for compliance with the new Made in America standards for construction materials. During this time period, DOT expects States, industry, and other partners to begin developing procedures to document compliance. DOT will continue its engagement through the waiver period to help facilitate the creation of robust enforcement and compliance mechanisms and to rapidly encourage domestic sourcing of construction materials for transportation infrastructure improvements.

Federal Agency: Department of Transportation

Affected Area: Campus Development, Procurement

Submission for OMB Review; Certain Federal Acquisition Regulation Part 32 Requirements

DoD, GSA, and NASA are combining OMB Control Nos. for the Federal Acquisition Regulation (FAR) by FAR part. This consolidation is expected to improve industry’s ability to easily and efficiently identify burdens associated with a given FAR part. The review of the information collections by FAR part allows improved oversight to ensure there is no redundant or unaccounted for burden placed on industry. Lastly, combining information collections in a given FAR part is also expected to reduce the administrative burden associated with processing multiple information collections.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Procurement, Contracts & Grants Accounting

Comments Due: 6/27/2022

Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and for Grants and Cooperative Agreements With Institutions of Higher Education, and Other Nonprofit Organizations

The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval for a previously approved information collection. These forms include Application for Federal Assistance (SF-424), Federal Financial Report (SF-425), Request for Advance or Reimbursement (SF-270) and Outlay Report and Request for Reimbursement for Construction Programs (SF-271). We are required to publish this notice in the Federal Registerby the Paperwork Reduction Act of 1995. A Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 30th, 2022, in the Federal Register. No comments were received.

Federal Agency: Department of Transportation

Affected Area: ORED, OSP, Contracts  and Grants Accounting

Comments Due: 7/5/2022

Agency Information Collection Activities; Construction Standards on Posting Emergency Telephone Numbers and Floor Load Limits

The Department of Labor (DOL) is submitting this Occupational Safety & Health Administration (OSHA)-sponsored information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). Public comments on the ICR are invited.

Federal Agency: Department of Labor

Affected Area: EHS, Space Management, Campus Development

Comments Due: 7/5/2022

Proposed Information Collection Request; Comment Request; Recordkeeping for Institutional Dual Use Research of Concern (iDURC) Policy Compliance (Renewal)

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), “Recordkeeping for Institutional Dual Use Research of Concern (iDURC) Policy Compliance” (EPA ICR No. 2530.03, OMB Control No. 2080-0082) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through January 1, 2023. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Federal Agency: Environmental Protection Agency

Affected Area: ORED

Comments Due: 8/1/2022

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Integrated Postsecondary Education Data System (IPEDS) 2022-23 Through 2024-25

The National Center for Education Statistics (NCES) seeks authorization from OMB to make a change to the Integrated Postsecondary Education Data System (IPEDS) data collection. Current authorization expires August 31, 2022 (OMB# 1850-0582 v.24-29). NCES is requesting a new clearance for the 2022-23, 2023-24, and 2024-25 data collections to enable us to make changes to the IPEDS data collection components, clarify definitions and instructions throughout the components, and to continue the IPEDS collection of postsecondary data over the next three years. IPEDS is a web-based data collection system designed to collect basic data from all postsecondary institutions in the United States and the other jurisdictions. IPEDS enables NCES to report on key dimensions of postsecondary education such as enrollments, degrees and other awards earned, tuition and fees, average net price, student financial aid, graduation rates, student outcomes, revenues and expenditures, faculty salaries, and staff employed. The IPEDS web-based data collection system was implemented in 2000-01. In 2020-21, IPEDS collected data from 6,063 postsecondary institutions in the United States and the other jurisdictions that are eligible to participate in Title IV Federal financial aid programs. All Title IV institutions are required to respond to IPEDS (Section 490 of the Higher Education Amendments of 1992 [Pub. L. 102-325]). IPEDS allows other (non-title IV) institutions to participate on a voluntary basis; approximately 300 non-title IV institutions elect to respond each year. Institution closures and mergers have led to a decrease in the number of institutions in the IPEDS universe over the past few years. Due to these fluctuations, combined with the addition of new institutions, NCES uses rounded estimates for the number of institutions in the respondent burden calculations for the upcoming years (estimated 6,100 Title IV institutions plus 300 non-title IV institutions for a total of 6,400 institutions estimated to submit IPEDS data during the 2022-23 through 2024-25 IPEDS data collections). IPEDS data are available to the public through the College Navigator and IPEDS Data Center websites. This clearance package includes a number of proposed changes to the data collection. As part of the public comment period review, NCES requests that IPEDS data submitters and other stakeholders respond to the directed questions found in Appendix D of this submission.

Federal Agency: Department of Education

Affected Area: OIRA

Comments Due: 7/1/2022

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2023-2024 Free Application for Federal Student Aid (FAFSA)

Section 483, of the Higher Education Act of 1965, as amended (HEA), mandates that the Secretary of Education “. . . shall produce, distribute, and process free of charge common financial reporting forms as described in this subsection to be used for application and reapplication to determine the need and eligibility of a student for financial assistance . . .”. The determination of need and eligibility are for the following Title IV, HEA, federal student financial assistance programs: The Federal Pell Grant Program; the Campus-Based programs (Federal Supplemental Educational Opportunity Grant (FSEOG) and Federal Work-Study (FWS)),; the William D. Ford Federal Direct Loan (Direct Loan) Program; the Teacher Education Assistance for College and Higher Education (TEACH) Grant; the Children of Fallen Heroes Scholarship; and the Iraq and Afghanistan Service Grant.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 6/30/2022

Agency Information Collection Activity: Authorization To Disclose Personal Information to a Third Party-Education Benefits

VA Form 22-10278 is used to release information in its custody or control in the following circumstances: where the individual identifies the particular information and consents to its use; for the purpose for which it was collected or a consistent purpose (i.e., a purpose which the individual might have reasonably expected). By law, VA must have a claimants or beneficiary’s written permission (an “authorization”) to use or give out claim or benefit information for any purpose that is not contained in VA’s System of Records, 58VA21/22/28 Compensation, Pension, Education and Veteran Readiness and Employment Records—VA. The claimant or beneficiary may revoke the authorization at any time, except if VA has already acted based on the claimant’s permission.

Federal Agency: Department of Veteran’s Affairs

Affected Area: Office of Veteran Affairs

Comments Due: 8/5/2022

Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; New Animal Drug Applications and Veterinary Master Files

This information collection supports implementation of section 512 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 360b), which governs new animal drugs. Agency regulations in 21 CFR part 514 and associated regulations in 21 CFR part 558, establish format and content requirements regarding new animal drug application (NADA) submissions, as well as provide for preapplication submissions, amended applications, and application supplements. This information collection also supports implementation of section 571 of the FD&C Act (21 U.S.C. 360ccc) regarding application for conditional approval of new animal drug (CNADA) submissions. As set forth in the FD&C Act and Agency regulations, requisite elements include safety and effectiveness data, proposed labeling, product manufacturing information, and, where necessary, complete information on food safety (including microbial food safety) and any methods used to determine residues of drug chemicals in edible tissue from food producing animals. Applications must be prepared as appropriate to support the particular submission. Respondents to the information collection are persons developing, manufacturing, and/or researching new animal drugs.

Federal Agency: Food and Drug Administration, Health and Human Services (HHS)

Affected Area: ORED, Animal Care

Comments Due: 7/8/2022

Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Identity Theft Red Flags and Address Discrepancies Under the Fair and Accurate Credit Transactions Act of 2003

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection as required by the Paperwork Reduction Act of 1995 (PRA). An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning the renewal of its information collection titled, “Identity Theft Red Flags and Address Discrepancies under the Fair and Accurate Credit Transactions Act of 2003.” The OCC also is giving notice that it has sent the collection to OMB for review.

Federal Agency: Office of the Comptroller of the Currency

Affected Area: CERA

Comments Due: 7/7/2022

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Toxic Chemical Release Reporting (Revision)

Pursuant to section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA), 42 U.S.C. 11001 et seq., certain facilities that manufacture, process, or otherwise use specified toxic chemicals in amounts above reporting threshold levels as provided in 40 CFR 372.25 must submit annually to EPA reporting forms to the Toxics Release Inventory (TRI). The revisions to this ICR covers the information collection activities associated with the submission of information to TRI pursuant to EPCRA section 313(b)(2), 42 U.S.C. 11023. Under EPCRA section 313(b)(2), the EPA Administrator has the authority to extend TRI reporting requirements to specific facilities that manufacture, process, or otherwise use a TRI-listed toxic chemical, but who are not currently covered by TRI reporting requirements as described at 40 CFR 372. The Administrator may determine a specific facility warrants TRI reporting on the basis of a chemical’s toxicity, the facility’s proximity to other facilities that release the chemical or to population centers, the facility’s history of releases of the chemical, or other factors that the Administrator deems appropriate. This ICR revision includes discussion of EPA’s discretionary authority under EPCRA section 313(b)(2) and outreach to potential stakeholders.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 7/15/2022

Agency Information Collection Activities; Comment Request; Report of Construction Contractor’s Wage Rates

The Department of Labor (the Department) is soliciting comments concerning a proposed revision of the information collection request (ICR) titled “Report of Construction Contractor’s Wage Rates,” which describes the WD-10 form and its use in wage surveys to implement the prevailing wage requirements of the Davis-Bacon and Related Acts. The Department is proposing to revise the WD-10 form and create a new WD-10A pre-survey form that will be used to identify potential respondents to the WD-10. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). The PRA process helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. A copy of the proposed information collection request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice.

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: Campus Development, Procurement

Comments Due: 8/15/2022

Agency Information Collection Activities; Occupational Exposure to Hazardous Chemicals in Laboratories

The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of effort in obtaining information (29 U.S.C. 657).

Federal Agency: Department of Labor

Affected Area: EHS

Comments Due: 7/14/2022

Agency Information Collection Activities for Prevailing Wage Determination Information Collection

The Department of Labor’s (Department) Employment and Training Administration (ETA) is soliciting comments concerning a proposed revision to the information collection request (ICR) titled “Application for Prevailing Wage Determination” (OMB Control Number 1205-0508), which covers Forms ETA-9141 and ETA-9141 Appendix A, and the accompanying form instructions. This action seeks to incorporate into this ICR the Form ETA-9165, with revisions, which is currently approved under the ICR titled “H-2B Foreign Labor Certification Program” (OMB Control Number 1205-0509). This action proposes minor changes to the Forms ETA-9141, ETA-9141, Appendix A, and ETA-9165, and their accompanying instructions. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).

Federal Agency: Employment and Training Administration, Department of Labor

Affected Area: HR, OAA, ORED

Comments Due: 8/15/2022

Announcement of Intent To Establish the 2025 Dietary Guidelines Advisory Committee and Solicitation of Nominations for Membership

Section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) requires the Secretaries of HHS and USDA to publish the Dietary Guidelines for Americans (Dietary Guidelines) jointly at least every five years. The law instructs that this publication shall contain nutritional and dietary information and guidelines for the general public, shall be based on the preponderance of scientific and medical knowledge current at the time of publication, and shall be promoted by each federal agency in carrying out any federal food, nutrition, or health program. The current edition of the Dietary Guidelines (2020-2025) provides guidance on the entire life span, from birth to older adulthood, including pregnancy and lactation. The Dietary Guidelines for Americans, 2025-2030 will continue to provide food-based dietary guidance across the entire lifespan to help meet nutrient needs, promote health, and reduce the risk of chronic disease. The 2025 Dietary Guidelines Advisory Committee (Committee) shall be formed and governed under the provisions of the Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5 U.S.C., App), which sets forth standards for the formation and use of advisory committees. The Committee is established to provide independent, evidence-based advice and recommendations to be considered by HHS and USDA in the Departments’ development of the Dietary Guidelines for Americans, 2025-2030. The Committee’s review and advice will focus on the scientific questions prioritized by HHS and USDA with the potential to inform nutrition guidance for Americans across the lifespan. Formation of the Committee is necessary to adequately review the science to inform the Dietary Guidelines and is in the public interest.

Federal Agency: U.S. Department of Health and Human Services (HHS), Office of the Assistant Secretary for Health; U.S. Department of Agriculture (USDA), Food, Nutrition, and Consumer Services

Affected Area: OAA, HR

Comments Due: 7/15/2022

Antimicrobial Drug Use in Companion Animals; Extension of Comment Period

The Food and Drug Administration (FDA or the Agency) is extending the comment period for the notice that appeared in the Federal Register of February 16, 2022. In that notice, FDA requested comments on antimicrobial drug use practices in companion animals and the potential impacts of such uses on antimicrobial resistance in both humans and animals. The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.

Federal Agency: Food and Drug Administration, HHS

Affected Area: ORED

Comments Due: 9/14/2022

Agency Information Collection Activities; Comment Request; Federal Perkins Loan Program Regulations

The requirements of these regulations is necessary to monitor a school’s due diligence in its contact with the Perkins loan borrower regarding repayment, billing and collections, reimbursement to its Perkins loan revolving fund, rehabilitation of defaulted loans as well as institutions use of third party collections. There has been no change to the regulations. This is a request for an extension without change of the currently approved reporting and record-keeping requirements contained in the regulations related to the administrative requirements of the Perkins Loan Program. Due to the effects of the COVID-19 pandemic the Department lacks sufficient data to allow for more accurate updates to the burden estimates.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 8/15/2022

Agency Information Collection Activities; Comment Request; Federal Family Education Loan (FFEL) Program Secured Overnight Financing Rate (SOFR) Election Form

The Department of Education (ED) is requesting approval of a new information collection for the FFEL Program SOFR Election form. On March 15, 2022, the President signed the Adjustable Interest Rate (LIBOR) Act into law. Among other things, the law amended section 438(b)(2)(I) of the Higher Education Act of 1965, as amended (HEA). This provision of the law requires FFEL Program lenders or an entity that holds a beneficial ownership interest in a FFEL Program loan (beneficial holder) to transition away from LIBOR based Special Allowance Payments (SAP) to a new formula set by the law based on Secured Overnight Financing Rate (SOFR). The transition may occur any time on or before June 30, 2023. However, a FFEL Program lender or beneficial holder must transition to the SOFR based SAP calculation by July 1, 2023, as a condition of continued participation in FFEL Program.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 8/15/2022

Agency Information Collection Activities; Comment Request; FAFSA Form Demographic Survey

The U.S. Department of Education (the Department) is requesting a new information collection to gather demographic information in conjunction with the Free Application for Federal Student Aid (FAFSA) form. The FAFSA Simplification Act (FSAct) passed as part of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) amends the Higher Education Act of 1965, Title IV, Sec 483 (B)(ii)(VII) to add sex and race or ethnicity as information required to be provided by the applicant on the Free Application for Federal Student Aid (FAFSA) form. For the launch of the 2023-24 FAFSA on October 1, 2022, FSA will ask the demographic questions in a pilot, voluntary survey format in order to collect specific feedback on the new questions. This feedback will inform the development of the questions for full implementation within the FAFSA form for the 2024-2025 award year.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 8/12/2022

Items of Interest

Request for Public Nominations of Experts To Review the New Chemicals Collaborative Research Program

The U.S. Environmental Protection Agency (EPA) is seeking nominations for technical experts to serve as Special Government Employees (SGEs) to participate in the review of the New Chemicals Collaborative Research Program with the Board of Scientific Counselors (BOSC), a federal advisory committee to the Office of Research and Development (ORD). Submission of nominations will be made via the BOSC website at: https://www.epa.gov/​bosc.

Comments Due: 6/30/2022

NIH Seeking Input on Privacy When Research Data Is Shared

The National Institutes of Health (NIH) is requesting public comment on how best to protect the privacy of participants when federally funded research data is shared. NIH is seeking input on draft supplemental information to the NIH Data Management and Sharing (DMS) policy to address privacy.

Tackling the Challenges of Our Time Requires All of Us to Be at the Table’

“America’s science and technology ecosystem … must be a place of learning and curiosity, a place of research and development, a place of opportunity and innovation, and a place of constantly developing pathways for more people to be included,” she added. “But most of all, it must be cultivated such that all people can thrive.” To improve equity, she said, “We need to invite contributions from individuals and communities who have been historically excluded from federal decision-making, and include them in America’s science and technology ecosystem.”

Blind Review Is Blind to Discrimination

The blind peer-review process has long been a hallmark of academic research. Blind review ensures that research is evaluated based on the merits of the work, not the individuals who did the work. In theory, this results in better-quality research and mitigates the impacts of bias and gatekeeping in academic publishing. In reality, however, blind review can facilitate the perpetuation of institutional discrimination by turning a blind eye to the identities of those whose work is disseminated and the agendas of their institutions. It is time for academia to rethink the consequences of blind review and create processes to evaluate research that promote the sharing of high-quality work without the unintended consequence of reinforcing legacies of harm.

Patent and Trademark Public Advisory Committees

The United States Patent and Trademark Office (USPTO)—America’s Innovation Agency—is seeking nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Director of the USPTO on patent policy and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy. Each new member, who can serve remotely, will serve a three-year term. The members represent the interests of the public and the stakeholders of the USPTO.

Comments Due: 7/1/2022

Call for Review Editor Nominations for the Fifth National Climate Assessment (NCA5)

This notice seeks nominations for NCA5 Review Editors with pertinent subject matter expertise and scientific background. The Review Editor serves a critical role on the NCA, ensuring that each public and peer review comment has been considered by the author team. Review Editors do not provide additional comments on assigned draft chapters; rather they attest that the annotation is sufficiently responsive to the comment and indicates any revision made to the chapter(s), including the scientific or logical rationale for said action.

Securing the data ecosystem

Organizations are often pressured to choose how to prioritize what is essential in terms of data management. Equally as often, they make rash decisions to comply with industry and regulatory standards. Some prioritize concern with cybersecurity threats and data leaks rather than cost efficiency. Many do not know that data management can protect against cyberattacks while being cost-effective. The growth of big data in the digital world is extraordinary. Developing an efficient data management strategy is key to securing your organization’s data ecosystem.

Solicitation of Nominations for Appointment to the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment (CHACHSPT)

The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the CDC/HRSA Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment (CHACHSPT). The CHACHSPT consists of 18 experts in fields associated with public health; epidemiology; laboratory practice; immunology; infectious diseases; drug abuse; behavioral science; health education; healthcare delivery; state health programs; clinical care; preventive health; medical education; health services and clinical research; and healthcare financing, who are selected by the Secretary of the U.S. Department of Health and Human Services (HHS).

2022-2023 Award Year Deadline Dates for Reports and Other Records Associated with the Free Application for Federal Student Aid (FAFSA)

The Secretary announces deadline dates for the receipt of documents and other information from applicants and institutions participating in certain Federal student aid programs authorized under title IV of the Higher Education Act of 1965, as amended (HEA), for the 2022-2023 award year. These programs, administered by the Department of Education (Department), provide financial assistance to students attending eligible postsecondary educational institutions to help them pay their educational costs. The Federal student aid programs (title IV, HEA programs) covered by this deadline date notice are the Pell Grant, Direct Loan, TEACH Grant, Iraq and Afghanistan Service Grant, and campus-based (FSEOG and FWS) programs. Assistance Listing Numbers: 84.007 FSEOG Program; 84.033 FWS Program; 84.063 Pell Grant Program; 84.268 Direct Loan Program; 84.379 TEACH Grant Program; 84.408 Iraq and Afghanistan Service Grant Program.

A Gift or a Burden?

Every year, the Department of Education sends a checklist to colleges and universities reminding them of the various federal laws and regulations they have to comply with, including environmental standards, Title IX and FERPA, the Family Educational Rights and Privacy Act. For many years, that checklist did not mention any reporting requirements for foreign gifts and contracts. As a result, many higher education institutions were caught off guard in 2019 when the department began launching investigations of colleges and universities for noncompliance with the regulations. Now, three years later, lawmakers are attempting to strengthen and clarify the reporting mandates for donations that come from abroad. The Bipartisan Innovation Act, versions of which passed the House and Senate this spring, is meant to boost America’s competitiveness in the global economy, but it also includes language that would beef up foreign donation transparency laws for higher education institutions. The law would require individual faculty and staff members to report gifts from foreign entities and lower the current reporting threshold for institutions from $250,000 per gift to $50,000. President Biden has promised to sign the bill once the House and the Senate hash out their differences.

DOJ Revises CFAA Charging Policy to Provide Clarity for Cybersecurity Research and Terms of Use

On May 19, 2022, the Department of Justice (DOJ) issued revisions to its existing policy for charging offenses under the Computer Fraud and Abuse Act (CFAA) (2022 CFAA Policy). The revisions state that “good-faith” security research will not be charged as a criminal CFAA violation. Comments accompanying the revised policy statement also highlight the importance of technical barriers—in addition to contractual limits—to determinations of when access exceeds authorization. Although the announcement regarding security research made a splash in the press, it is unclear to what degree the policy represents a change in how DOJ will approach cases. Nor can security researchers rely on the guidance for concrete assurances against liability, because the policy revision has no effect on civil CFAA liability or state laws that provide for criminal or civil liability for unauthorized access to computer systems. The revision may also introduce uncertainty for system owners, who may be left wondering how the new policy will be applied, and how federal law enforcement will react to conduct viewed by some as good-faith research and by others as in a gray area.

 

Final priority-State Personnel Development Grants

The Department of Education (Department) announces a priority under the State Personnel Development Grants (SPDG), Assistance Listing Number 84.323A. The Department may use the priority for competitions in fiscal year (FY) 2022 and later years. We take this action to focus attention on the need to improve results for children with disabilities and their families by supporting a comprehensive system of personnel development (CSPD) for the Individuals with Disabilities Education Act (IDEA) Part C Grants for Infants and Families program.

DataWorks! Prize – Incentives for building a culture of data sharing and reuse

A $500,000 prize purse, rewarding data sharing and reuse in biomedical research, is a new, innovative strategy for supporting the research community. The DataWorks! Prize highlights the role of data sharing and reuse in scientific discovery while recognizing and rewarding researchers who engage in these practices. This prize, which launched on May 11, 2022, is a partnership between the NIH Office of Data Science Strategy and the Federation of American Societies for Experimental Biology (FASEB). The future of biological and biomedical research hinges on researchers’ ability to share and reuse data. Sharing and reuse had a sizable, catalytic impact on the development of COVID-19 vaccines and treatment protocols. The DataWorks! Prize is an opportunity for the research community to share their stories about the practices, big and small, that lead to scientific discovery.

Taking on ‘U.S. News’?

Since 1970, the Carnegie Classification system has helped make sense of the diversity of institutions that make up higher education in the U.S., grouping them based on the degrees they offer, their size and the research productivity of their faculty, among other measures. Earlier this year, the Carnegie Foundation and the American Council on Education announced that they would partner on the classifications and specifically described the need for the “Carnegie Classification system to reflect the nation’s pressing social, racial, and economic concerns and challenge higher education institutions and their public, social, and commercial sector partners to meaningfully address them.”

Researchers criticize Senate plan to steer more NSF funding to ‘have not’ states

Top research universities in just a handful of U.S. states conduct the majority of research funded by the National Science Foundation (NSF), while institutions in half the country receive only crumbs. The U.S. Senate wants NSF to correct that longstanding geographic imbalance. But its solution—to immediately allocate 20% of NSF’s budget to what is currently a small program serving those have-not states—is drawing fierce opposition from many universities and nearly 100 members of Congress.

Effective Biomedical Public-Private Partnerships Are About Innovation, Not Lower Drug Prices

There is fascination of late with the prospect of exercising Bayh-Dole Act “march-in rights,” primarily as a means of reducing the price of expensive drugs that have been discovered or developed with federal funds. In recently published pieces in Health Affairs Forefront and elsewhere, some contend that the intended public health benefits of biomedical public-private partnerships will be realized only if the drug prices paid by consumers are reduced prior to patent expiry.

AAU Sends Letter Expressing Concern Over Section 124 Reporting Requirements in USICA

AAU President Barbara R. Snyder sent a letter to the leadership of the House and Senate Education and Labor Committees expressing concern “with the potential adverse consequences of the new Higher Education Act (HEA) Section 124 reporting requirement created by Section 6124(b) of S. 1260, the U.S. Innovation and Competition Act (USICA).” The provision mandates university personnel to report any gifts from, or contracts with, any foreign source and requires the establishment of a new searchable database containing information about engagements with foreign scholars or entities.

A focus groups study on data sharing and research data management

Data sharing can accelerate scientific discovery while increasing return on investment beyond the researcher or group that produced them. Data repositories enable data sharing and preservation over the long term, but little is known about scientists’ perceptions of them and their perspectives on data management and sharing practices. Using focus groups with scientists from five disciplines (atmospheric and earth science, computer science, chemistry, ecology, and neuroscience), we asked questions about data management to lead into a discussion of what features they think are necessary to include in data repository systems and services to help them implement the data sharing and preservation parts of their data management plans. Participants identified metadata quality control and training as problem areas in data management. Additionally, participants discussed several desired repository features, including: metadata control, data traceability, security, stable infrastructure, and data use restrictions. We present their desired repository features as a rubric for the research community to encourage repository utilization. Future directions for research are discussed.

Request for Applicants for Appointment to the Surface Transportation Security Advisory Committee

The Transportation Security Administration (TSA) is requesting applications from individuals who are interested in being appointed to serve on the Surface Transportation Security Advisory Committee (STSAC). All applicants must represent one of the constituencies specified below in order to be eligible for appointment. STSAC’s mission is to provide advice, consultation, and recommendations to the TSA Administrator on improving surface transportation security matters, including developing, refining, and implementing policies, programs, initiatives, rulemakings, and security directives pertaining to surface transportation security, while adhering to sensitive security guidelines. The STSAC will consider risk-based approaches in the performance of its duties.

Comments Due: 7/18/2022

Voluntary Resolution Agreement Between the U.S. Department of Health and Human Services Office for Civil Rights and the University of Southern California

This Voluntary Resolution Agreement (“Agreement”) is entered into by the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS OCR”) and the University of Southern California (“USC”) and its medical enterprise, Keck Medicine of USC (“KMUSC”). The health care components of USC and KMUSC (hereinafter collectively referred to as “the KMUSC Entities”), are set forth in Appendix A, attached hereto and incorporated by reference. HHS OCR and the KMUSC Entities shall together be referred to as the “Parties.” The purpose of this Agreement is for KMUSC Entities to affirm their compliance with Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., and its implementing regulation at 45 C.F.R. Part 86 (“Title IX”). The scope of this Agreement is defined by the HHS Title IX implementing regulation, which states that “no person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other education program or activityoperated by a recipient which receives Federal financial assistance.” 45 C.F.R. § 86.31(a). HHS OCR initiated a compliance review of KMUSC on June 10, 2019, to assess KMUSC’s compliance with Title IX in its handling of sexual harassment complaints. Pursuant to Title IX, this Agreement between the KMUSC Entities and HHS OCR resolves HHS OCR Transaction No. 18-308562, a compliance review of the KMUSC Entities’ policies and procedures for responding to sex discrimination complaints made by students, employees, or patients employed by, or participating in, any KMUSC programs or activities receiving Federal financial assistance from HHS.

Renewal of the Renewable Energy and Energy Efficiency Advisory Committee and Solicitation of Nominations for Membership

Pursuant to provisions of the Federal Advisory Committee Act, the Department of Commerce announces the renewal of the Renewable Energy and Energy Efficiency Advisory Committee (the Committee). The Committee shall advise the Secretary of Commerce regarding the development and administration of programs and policies to expand the competitiveness of U.S. exports of renewable energy and energy efficiency goods and services. The Committee’s work on renewable energy will focus on technologies, equipment, and services to generate electricity, produce heat, and power vehicles from renewable sources such as solar, wind, biomass, hydropower, geothermal, and hydrogen. The Committee’s work on energy efficiency will focus on technologies, services, and platforms that provide system-level energy efficiency to electricity generation, transmission, and distribution. These include smart grid technologies and services, as well as equipment and systems that increase the resiliency of power infrastructure such as energy storage. Climate solutions in the energy sector, such as low-carbon hydrogen production, clean energy transportation, and virtual power plants are also within the scope of the Committee. For the purposes of this Committee, covered goods and services will not include vehicles, feedstock for biofuels, or energy efficiency as it relates to consumer goods or buildings. Non-fossil fuels that reduce carbon consumption (e.g., liquid biofuels and pellets) are included. This notice also requests nominations for membership.

Comments Due: 7/22/2022

Research must do no harm: new guidance addresses all studies relating to people

Editors, authors and reviewers should together consider and discuss benefits and harms that might emerge from manuscripts dealing with human population groups, and discuss when potential harms warrant revisions. Ethical concerns need to be flagged about research that could fuel hate speech; about potentially denigrating images; about content that could be used to undermine the dignity or rights of a human group; and about content that could cause harm in other ways. Although cases are not always clear cut, if publication risks people being harmed, authors and editors need to consider those risks against any benefits that could arise from publication.

GAO Urges Better Analysis of Universities’ Risk of Foreign Threats

The GAO report relates to the issue of whether foreign governments like China’s are targeting sensitive research information at American universities—efforts that have intensified in recent years. The report focuses on the outreach by the Departments of Commerce and Homeland Security and other agencies to universities to help guard against possible breaches and the extent to which the agencies can target their efforts at the institutions most at risk. The review found that the agencies either don’t take risk into consideration or rate the institutions’ risk on too narrow a set of factors. The report lays out a set of recommendations to improve the information available to the agencies about institutional risk.

Electric Vehicle Working Group

In accordance with the Bipartisan Infrastructure Law (BIL), enacted as the Infrastructure Investment and Jobs Act (IIJA), and the Federal Advisory Committee Act, the U.S. Department of Energy and U.S. Department of Transportation are soliciting nominations for candidates to fill vacancies on the Electric Vehicle Working Group (Working Group).

Comments Due: 7/15/2022

Request for Nominations for a Science Advisory Board Panel on BenMAP and Benefits Methods

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office is expanding its request for nominations previously announced on April 5, 2022. The EPA SAB Staff Office previously requested nominations of scientific experts to form a panel to review EPA’s new cloud-based Environmental Benefits and Mapping (BenMAP) tool, an open-source computer program that calculates estimated air pollution-related deaths and illnesses and their associated economic values. In that notice, the SAB Staff Office indicated its intention to announce a separate panel that would address the approach EPA takes for selecting and applying evidence in its PM2.5

and Ozone (O3) benefits assessments. Because the two panels would require substantially similar expertise, the SAB Staff Office has now determined that it is appropriate to combine them into a single panel with a more comprehensive charge. The Science Advisory Board Staff Office is soliciting additional candidates to complement those nominated for the review of BenMAP.

Comments Due: 6/27/2022

Tech accountability package: The way to kill privacy legislation

In recent months, the pressure from Congress on tech companies has grown with nebulous, and at times paradoxical, accountability proposals introduced on Capitol Hill. Bills have been proposed to change and regulate the way we protect freedom on the internet, privacy, and platform interoperability and competition.

US lawmakers unveil bipartisan American Data Privacy and Protection Act

Members of U.S. Congress appear to be full-steam ahead in their pursuit of finalizing comprehensive federal privacy legislation by year’s end. A day after revelations of a draft bill circulating, a bipartisan group of lawmakers published a discussion draft for the proposed American Data Privacy and Protection Act for full public consumption. The proposal has three thresholds for covered entities based on the size of a given business. There are provisions for enhanced children’s protections, limits on targeted advertising, preemption over facets of state laws, and a limited private right of action. The draft also proposes a chief privacy officer requirement and other organizational requirements related to data minimization and scaled-back data practices.

Please contact Compliance, Ethics, and Regulatory Affairs with any questions or concerns about compliance with a particular regulation and/or for suggestions to improve the newsletter.

2022 Compliance Training Pilot

The Office of Compliance, Ethics, and Regulatory Affairs invites interested faculty, staff, and student employees to join a pilot group to help fine tune the 2022 Compliance Training assignments.  After the 2021 training, feedback was gathered from a wide range of campus users, and we have worked to implement many of their suggestions.  Before we push this training out to the campus as a whole, we want to gather feedback from a diverse group of University employees.  As a pilot group member you will be asked to take a few courses (you get to choose which ones and how many) and provide feedback through an electronic survey.

Our goals for the 2022 Compliance Training are:

  • Continue to keep content streamlined and focused on how we do things at UA.
  • Incorporate customized content based on the learner’s role where appropriate.
  • Create simplified refresher courses for topics that are repeated year after year.

We’d like your input on how well we did in reaching those goals.  If you choose to participate, not only will you win our eternal gratitude, but any courses that you complete now will count toward your 2022 training requirements.

A few pertinent details:

  • The pilot will begin on July 5.  The courses you choose must be completed by Friday, July 29.
  • You will be required to complete a feedback survey after each course that you complete as part of the pilot.
  • To be eligible to participate, you must have already completed all of your assigned compliance training courses for 2021.
  • The regular training period will run from September 1 through October 31.  Those who may find it difficult to complete the training during that window are encouraged to join the pilot group.  However, please be aware that some courses may not be available during the pilot timeframe, and pilot members may still receive some assignments in September.
Sign up now!

Compliance Alert – May 2022

Legislative Updates

HB46: This bill establishes the State Seal of Biliteracy program to recognize graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English, and would provide for the seal to be awarded to the graduate by the State Department of Education. Including American sign language. Passed on 2022-29-03.

SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-13B-2, 16-36-60, 16-36-60.1, 16-36-65 am’d. Passed on: 2022-02-10. Assigned Act No. 2022-80.

SB119: Colleges and Universities, Alabama G.I. and Dependents’ Educational Benefit Act, use of scholarship benefits at 2 year or 4 year public or private institutions of higher education physically located in state provided, Sec. 31-6-8 repealed; Secs. 31-6-2, 31-6-2.1, 31-6-3, 31-6-4, 31-6-5, 31-6-6, 31-6-9, 31-6-11, 31-6-12, 31-6-13, 31-6-14, 31-6-15, 31-6-15.1, 31-6-16 am’d.  Passed on 2022-03-01 – Assigned Act No. 2022-91.

Final Rules

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Participation by DBEs in U.S. EPA Programs, State and Local Assistance, Research and Demonstration Grants, National Environmental Education Act Grants

This regulatory action finalizes an interim final rule and revises certain provisions of other Environmental Protection Agency (EPA) financial assistance regulations to make non-substantive technical corrections to the text of the rules. Revisions to these rules are exempt from the notice and comment requirements of the Administrative Procedure Act (APA) because it is a matter relating to agency management concerning grants.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: ORED, OSP, EHS

Proposed Rules

Pesticides; Proposal To Add Chitosan to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products; Notice of Data Availability on Chitosan and Chitosan Salts

As authorized by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 25(b), the EPA has exempted from the requirement of registration certain pesticide products if they are composed of specified ingredients (recognized active and inert substances which are listed in the regulations) and labeled according to the EPA’s regulations in 40 CFR 152.25(f). The EPA created the exemption for minimum risk pesticides to eliminate the need for the Agency to expend significant resources to regulate products that were deemed to be of minimum risk to human health and the environment. Prior to submission of these aquatic toxicity reports, the EPA received a petition from Tidal Vision Products, LLC, requesting that the substance commonly known as chitosan (also known by its chemical name poly-D-glucosamine) (CAS Reg. No. 9012-76-4) be added to the list of active ingredients allowed in exempted minimum risk pesticide products under 40 CFR 152.25(f)(1). This matter was the subject of a proposed regulation (85 FR 69307) (FRL-10009-24). The EPA is considering the information submitted by Tidal Vision in its decision regarding whether to finalize the proposal to add chitosan to the list of permitted active ingredients, and if so, whether and how to address chitosan salts in the exemption.

Federal Agency: Environmental Protection Agency

Affected Area: EHS, Facilities and Grounds

Comments Due: 6/6/2022

Asbestos; Reporting and Recordkeeping Requirements Under the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency (EPA) is proposing reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act (TSCA). EPA proposes to require certain persons that manufactured (including imported) or processed asbestos and asbestos-containing articles (including as an impurity) in the four years prior to the date of publication of the final rule to electronically report certain exposure-related information. This action would result in a one-time reporting obligation. EPA emphasizes that this proposed requirement would include asbestos that is a component of a mixture. The information sought includes quantities of asbestos (including asbestos that is a component of a mixture) and asbestos-containing articles that were manufactured (including imported) or processed, types of use, and employee data. Reported information would be used by EPA and other Federal agencies in considering potential future actions, including risk evaluation and risk management activities. EPA is requesting public comment on all aspects of this proposed rule and has also identified items of particular interest for public input.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 7/5/2022

Air Plan Approval; Alabama; NOX

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Alabama, through the Alabama Department of Environmental Management (ADEM), in a letter dated October 18, 2021. The revision includes corrections to deficiencies to Alabama’s regulation titled “NOX Budget Program Monitoring and Reporting” (AL NOX SIP Call Monitoring Rule), which EPA previously conditionally approved into the SIP. Specifically, the AL NOX SIP Call Monitoring Rule establishes monitoring and reporting requirements for units subject to the nitrogen oxides (NOX) SIP Call, including alternative monitoring options for certain sources of NOX. EPA is also proposing to convert the conditional approval to a full approval. In addition, EPA is proposing to approve other minor changes into the SIP.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 6/15/2022

Notices

Forty-First Update of the Federal Agency Hazardous Waste Compliance Docket

Since 1988, the Environmental Protection Agency (EPA) has maintained a Federal Agency Hazardous Waste Compliance Docket (“Docket”) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA requires EPA to establish a Docket that contains certain information reported to EPA by Federal facilities that manage hazardous waste or from which a reportable quantity of hazardous substances has been released. This notice identifies the Federal facilities not previously listed on the Docket and identifies Federal facilities reported to EPA since the last update on October 27, 2021. In addition to the list of additions to the Docket, this notice includes a section with revisions of the previous Docket list and a section of Federal facilities that are to be deleted from the Docket. Thus, the revisions in this update include eleven additions, zero deletions, and zero corrections to the Docket since the previous update.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

 

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; NESHAP for Asbestos (Renewal)

The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Asbestos (40 CFR part 61, subpart M) regulations apply to either the demolition and/or renovation of facilities; the disposal of asbestos waste; asbestos milling, manufacturing and fabricating; the use of asbestos on roadways; asbestos waste converting facilities; and the use of asbestos insulation and sprayed-on materials. In general, all NESHAP standards require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to NESHAP.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 5/25/2022

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Submission of Protocols and Study Reports for Environmental Research Involving Human Subjects (Renewal)

EPA is responsible for the regulation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA). The EPA regulations at 40 CFR part 26 protect subjects of “third-party” research (i.e., research that is not conducted or sponsored by EPA). In addition to other protections, the regulations require affected entities to submit information to EPA and an institutional review board (IRB) prior to initiating, and to the EPA upon the completion of, certain studies that involve human research participants. The information collection activity consists of activity-driven reporting and recordkeeping requirements for those who intend to conduct research for submission to EPA under the pesticide laws. If such research involves intentional exposure of human subjects, these individuals (respondents) are required to submit study protocols to the EPA and a cognizant local Human Subjects IRB before such research is initiated so that the scientific design and ethical standards that will be employed during the proposed study may be reviewed and approved. Also, respondents are required to submit information about the ethical conduct of completed research that involved human subjects when such research is submitted to the EPA. This renewal ICR estimates the third-party response burden from complying with the requirements in 40 CFR part 26.

Federal Agency: Environmental Protection Agency

Affected Area: EHS, ORED

Comments Due: 5/25/2022

Determination That FOLVITE (Folic Acid), Oral Tablets, 1 Milligram, and Other Drug Products, Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness

The Food and Drug Administration (FDA or Agency) has determined that the drug products listed in this document were not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to these drug products, and it will allow FDA to continue to approve ANDAs that refer to the products as long as they meet relevant legal and regulatory requirements.

Federal Agency: Food and Drug Administration

Affected Area: UMC

Agency Information Collection Activities: Requests for Comments; Clearance of New Approval of Information Collection: Safety Statement Requirement for Manufacturers of Small Unmanned Aircraft

In accordance with the Paperwork Reduction Act of 1995, FAA invites public comments about our intention to request the Office of Management and Budget (OMB) approval new information collection. The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on May 7, 2019. The collection involves manufacturers of small unmanned aircraft providing a safety statement to owners of the UAS they produce. This is a statutory requirement. To minimize the burden on small businesses, the FAA has developed an example safety statement that can be used to satisfy the requirement.

Federal Agency: Federal Aviation Administration (FAA), DOT

Affected Area: CERA

Comments Due: 5/27/2022

Information Collection; Bid Guarantees, Performance and Payment Bonds, and Alternative Payment Protection

In accordance with the Paperwork Reduction Act of 1995 and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on an extension concerning bid guarantees, performance and payment bonds, and alternative payment protections. DoD, GSA, and NASA invite comments on: Whether the proposed collection of information is necessary for the proper performance of the functions of Federal Government acquisitions, including whether the information will have practical utility; the accuracy of the estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. OMB has approved this information collection for use through August 31, 2022. DoD, GSA, and NASA propose that OMB extend its approval for use for three additional years beyond the current expiration date.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Procurement, Construction Administration

Comments Due: 6/28/2022

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Health Education Assistance Loan (HEAL)

This is a request for an extension of the Office of Management and Budget (OMB) approval of information collection requirements associated with the forms of the Health Education Assistance Loan (HEAL) Program, currently approved under OMB No. 1845-0126, which expires June 30, 2022. Clearance of this information collection is necessary to provide borrowers with information on the cost of their loan(s) including Truth in Lending information and to provide the Department with information to monitor the financial status of the HEAL program and to identify which lenders may have excessive delinquencies and defaulted loans. The information collection is essential for reporting and retaining information for sound and responsible program management.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 5/31/2022

Agency Information Collection Activities; Revision of a Currently Approved Collection: Notice to Student or Exchange Visitor

The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) invites the general public and other Federal agencies to comment on this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, this information collection notice is published in the Federal Register to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (i.e., the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.

Federal Agency: U.S. Immigration and Customs Enforcement, Department of Homeland Security

Affected Area: Admissions

Comments Due: 6/27/2022

Agency Information Collection Activities; Submission for OMB Review; Comment Request; National Safety Stand-Down To Prevent Falls in Construction

The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of effort in obtaining information (29 U.S.C. 657). Falls are a leading cause of death for employees. According to 2019 Bureau of Labor Statistics data, falls accounted for 418 of the 1,061 construction fatalities, and 880 of the 5,333 fatalities in all recorded industries. The National Fall Safety Stand-Down to Prevent Falls in Construction raises fall hazard awareness across the country in an effort to stop fall fatalities and injuries. The Stand-Down is the biggest safety outreach event ever conducted by the agency. OSHA has collaborated with countless industry leaders and employers over the last eight years to reach over 10 million workers during Stand-Downs. For additional substantive information about this ICR, see the related notice published in the Federal Register on 2/15/2022 (87 FR 8614). This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless the OMB approves it and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid OMB Control Number. See 5 CFR 1320.5(a) and 1320.6. DOL seeks PRA authorization for this information collection for three (3) years. OMB authorization for an ICR cannot be for more than three (3) years without renewal. The DOL notes that information collection requirements submitted to the OMB for existing ICRs receive a month-to-month extension while they undergo review.

Federal Agency: Department of Labor

Affected Area: HR, Construction Administration, EHS

Comments Due: 5/31/2022

Submission for OMB Review; Federal Acquisition Regulation Part 23 Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding Federal Acquisition Regulation (FAR) part 23 requirements.

Federal Agency: Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: ORED, ORC

Comments Due: 6/1/2022

Agency Information Collection Activities; Proposed Collection; Comment Request; Generator Standards Applicable to Laboratories Owned by Eligible Academic Entities, EPA ICR No. 2317.05, OMB Control No. 2050-0204

Subpart K within 40 CFR part 262 provides a flexible and protective set of regulations that address the specific nature of hazardous waste generation and accumulation in laboratories owned by colleges and universities, including teaching hospitals and non-profit research institutes that are either owned by or formally affiliated with a college or university. In addition, eligible academic entities have the discretion to determine the most appropriate and effective method of compliance with these requirements—by allowing them the choice of either managing their hazardous wastes in accordance with the alternative regulations as set forth in Subpart K, or remaining subject to the existing generator regulations.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 7/1/2022

Agency Information Collection Activities; Comment Request; 2023-24 National Postsecondary Student Aid Study (NPSAS:24) Field Test-Institution Contacting and List Collection

This request is to conduct the 2023-24 National Postsecondary Student Aid Study Institution Contacting and List Collection Field Test (NPSAS:24 FT). This study is being conducted by the National Center for Education Statistics (NCES), within the Institute of Education Sciences (IES), part of the U.S. Department of Education. This submission covers materials and procedures related to institution sampling, enrollment list collection, and matching to administrative data files as part of the NPSAS:24 FT data collection, and includes details about the full-scale institution sampling and enrollment list data collection. NCES will submit a separate clearance package covering the student FT data collection, including the student record data abstraction and student surveys, in the summer of 2022. The materials and procedures for NPSAS:24 are based on those developed for previous institution-based data collections, including the 2019-20 National Postsecondary Student Aid Study (NPSAS:20) [OMB #1850-0666 v. 23], and the 2017-18 National Postsecondary Student Aid Study Administrative Collection (NPSAS:18-AC) [1850-0666 v.21]. The first NPSAS was implemented by NCES during the 1986-87 academic year to meet the need for national data about significant financial aid issues. Since 1987, NPSAS has been fielded every 2 to 4 years, most recently during the 2019-20 academic year (NPSAS:20). NPSAS:24 will be nationally-representative. The NPSAS:24 field test sample size will be 6,000 students, and the full-scale sample will include 137,000 nationally representative undergraduate and 25,000 nationally representative graduate students who will be asked to complete a survey and for whom we will collect student records and administrative data. If the full-scale budget allows, we will include state-representative sampling for the full-scale collection, and provide the budget for a state-representative sampling plan in the 30-day full-scale package, planned for 2023. Also, if exercised, NPSAS:24 will serve as the base year for the 2024 cohort of the Baccalaureate and Beyond (B&B) Longitudinal Study and will include a nationally representative sample of students who will complete requirements for the bachelor’s degree during the NPSAS year (i.e., completed at some point between July 1, 2022 and June 30, 2023 for the field test and July 1, 2023 to June 30, 2024 for the full-scale). Subsets of questions in the student survey will focus on describing aspects of the experience of students in their last year of postsecondary education, including student debt and education experiences. This submission is designed to adequately justify the need for and overall practical utility of the full study, presenting the overarching plan for all of the phases of the institution sampling and enrollment list data collection and providing as much detail about the measures to be used as is available at the time of this submission. As part of this submission, NCES is publishing a notice in the Federal Register allowing first a 60- and then a 30-day public comment period. Field test materials, procedures, and results will inform the full-scale study. After completion of this field test, NCES will publish a notice in the Federal Register allowing additional 30-day public comment period on the final details of the NPSAS:24 full-scale institution sampling and enrollment list study.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 7/5/2022

Accrediting Agencies Currently Undergoing Review for the Purposes of Recognition by the U.S. Secretary of Education

This request for written third-party comments concerning the performance of accrediting agencies under review by the Secretary of Education is required by 496(n)(1)(A) of the Higher Education Act (HEA) of 1965, as amended, and pertains to the summer 2023 meeting of the National Advisory Committee on Institutional Quality and Integrity (NACIQI). The meeting date and location have not been determined, but will be announced in a later Federal Register notice. In addition, a later Federal Register notice will describe how to register to provide oral comments at the meeting. Agencies Under Review and Evaluation: The Department requests written comments from the public on the following accrediting agencies, which are currently undergoing review and evaluation by the Accreditation Group, and which will be reviewed at the summer 2023 NACIQI meeting. The agencies are listed by the type of application each agency has submitted. Please note, each agency’s current scope of recognition is indicated below. If any agency requests a change to its scope of recognition, identified are both the current scope of recognition and the requested scope of recognition.

Federal Agency: Department of Education

Affected Area: Office of Institutional Effectiveness

 

Agency Information Collection Activities; Comment Request; Campus Equity in Athletics Disclosure Act (EADA) Survey

The collection of information is necessary under section 485 of the Higher Education Act of 1965, as amended, with the goal of increasing transparency surrounding college athletics for students, prospective students, parents, employees and the general public. The survey is a collection tool to compile the annual data on college athletics. The data is collected from the individual institutions by ED and is made available to the public through the Equity in Athletics Data Analysis Cutting Tool as well as the College Navigator.

Federal Agency: Department of Education

Affected Area: Athletics

Comments Due: 7/5/2022

Lead in Construction Standard; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements

The purpose of the Lead in Construction Standard and its collection of information (paperwork) requirements is to reduce occupational lead exposure in the construction industry. Lead exposure can result in both acute and chronic effects and can be fatal in severe cases of lead toxicity. The major collection of information requirements of the Standard are: Conducting worker exposure assessments; notifying workers of their lead exposures; establishing, implementing and reviewing a written compliance program annually; labeling containers of contaminated protective clothing and equipment; providing medical surveillance to workers; providing examining physicians with specific information; ensuring that workers receive a copy of their medical surveillance results; posting warning signs; establishing and maintaining exposure monitoring, medical surveillance, medical removal and objective data records; and providing workers with access to these records. The records are used by employees, physicians, employers and OSHA to determine the effectiveness of the employer’s compliance efforts.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: Campus Development, EHS

Comments Due: 7/5/2022

Requests to Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act

The Wage and Hour Division of the Department of Labor administers the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts (DBRA), 40 U.S.C. 3141 et seq., and the Contract Work Hours and Safety Standards Act (CWHSSA), 40 U.S.C. 3701 et seq. Regulations at 29 CFR part 5 prescribe labor standards for federally financed and federally assisted construction contracts subject to DBA, DBRA, and labor standards for all contracts subject to CWHSSA. The DBA and DBRA require payment of locally prevailing wages and fringe benefits, as determined by the Department, to laborers and mechanics on most federally financed or assisted construction projects. CWHSSA requires the payment of one and one-half times the basic rate of pay for hours worked over 40 in a week on most federal contracts involving the employment of laborers or mechanics. The requirements of this information collection consist of (1) reports of conformed classifications and wage rates, and (2) requests for approval of unfunded fringe benefit plans. For additional substantive information about this ICR, see the related notice published in the Federal Register on February 7, 2022 (87 FR 6894).

Federal Agency: Department of Labor

Affected Area: Construction Administration, Procurement

Comments Due: 6/13/2022

Agency Information Collection Activities; Comment Request; Foreign Schools Eligibility Criteria Apply To Participate in Title IV HEA Programs

This request is for an extension of the information collection of the requirements in the policies and procedures related to the eligibility of foreign schools to apply to participate in Title IV, HEA programs that were added by the Higher Education Opportunity Act of 2008 (HEOA). The information in 34 CFR 600.54, 600.55, 600.56, and 600.57 is used by the Department during the initial review for eligibility certification, recertification and annual evaluations. These regulations help to ensure that all foreign institutions participating in the Title IV, HEA programs are meeting the minimum participation standards.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 7/8/2022

Submission for OMB Review; Comment Request; Pilot Study and Prospective Analysis of the Draft Revised Form 33, Safety and Health Program Assessment Worksheet

The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes information collection by employers as necessary or appropriate for enforcement of the OSH Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires OSHA to obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). OSHA is requesting approval from OMB pursuant to the Paperwork Reduction Act (PRA), to conduct validity and reliability analyses of a safety and health program (SHP) assessment worksheet, the Draft Revised Form 33 (DRF33), that will replace the current SHP Assessment Worksheet, OSHA Form 33, used by the OSHA On-Site Consultation Program (OMB #1218-0110). The studies that will be conducted on the DRF33 will enable OSHA to ensure that a valid, reliable, and efficient tool is provided to On-Site Consultation programs in the 50 states, the District of Columbia, and several United States territories to replace the current OSHA Form 33, thereby, enhancing the quality of consultative services. The studies for which OSHA is requesting approval will comprise a pretest, Pilot Study (consultation visits to assess the validity and reliability of the DRF33), a follow-up study (consultation visits to assess any updates to the DRF33 resulting from Pilot Study findings), and a Prospective Analysis (conducted after the Pilot Study to assess any impact of the DRF33 at workplaces that received consultation visits during the Pilot Study). After completing the Pilot Study OSHA will request OMB approval before implementing the DRF33 for use by state On-Site Consultation programs nationwide to replace the current Form 33. Similarly, OSHA will seek OMB approval if any additional updates are made to the approved worksheet, following the Prospective Analysis. For additional substantive information, see the submission at https://www.reginfo.gov, ICR Reference Number=202202-121002.

Federal Agency: Department of Labor

Affected Area: HR, Risk Management, Campus Development

Comments Due: 6/21/2022

Agency Information Collection Activities; Comment Request; Guaranty Agency Financial Report

The Department of Education (ED) is requesting renewal by extension of the information collection 1845-0026 for the Guaranty Agency Financial Report. There has been no change to the underlying statute or regulations. The Guaranty Agency Financial Report is used by a guaranty agency to request payments of reinsurance for defaulted student loans; make payments for amounts due ED, for collections on default and lender of last resort loan (default) claims on which reinsurance has been paid and for refunding amounts previously paid for reinsurance claims. The form is also used to determine required reserve levels for agencies; and to collect debt information as required for the “Report on Accounts and Loans Receivable Due from the Public,” SF 220-9 (Schedule 9 Report) as required by the U.S. Department of Treasury.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 7/18/2022

Agency Information Collection Activities; Comment Request; FERPA and PPRA E-Complaint Forms

The Student Privacy Policy Office (SPPO) reviews, investigates, and processes complaints of alleged violations of Family Education Rights and Privacy Act (FERPA) and Protection of Pupil Rights Amendment (PPRA) filed by parents and eligible students. SPPO’s authority to investigate, review, and process complaints extends to allegations of violations of FERPA by any recipient of United States Department of Education (Department) funds under a program administered by the Secretary (e.g., schools, school districts, postsecondary institutions, state educational agencies, and other third parties that receive Department funds).

Federal Agency: Office of Management (OM), Department of Education (ED)

Affected Area: CERA, Registrar

Comments Due: 7/18/2022

Safety Considerations for Container Labels and Carton Labeling Design To Minimize Medication Errors; Guidance for Industry; Availability

The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled “Safety Considerations for Container Labels and Carton Labeling Design to Minimize Medication Errors.” The guidance focuses on safety aspects of the container label and carton labeling design for human prescription drug and biological products. The guidance provides sponsors of new drug applications (NDAs), biologics license applications (BLAs), abbreviated new drug applications (ANDAs), and prescription drugs marketed without an approved NDA or ANDA with a set of principles and recommendations for ensuring that critical elements of product container labels and carton labeling are designed to promote safe dispensing, administration, and use of the product. This guidance finalizes the draft guidance of the same title issued on April 24, 2013.

Federal Agency: Food and Drug Administration, HHS

Affected Area: UMC

 

Request for Information (RFI): 2022 HHS Environmental Justice Strategy and Implementation Plan Draft Outline; Comment Period Extended

On April 8, 2022, the Department of Health and Human Services (HHS) published into the Federal Register a Request for Information (RFI) which is located at 87 FR 20876 to receive input from the public on HHS’s draft outline to further the development of the 2022 Environmental Justice Strategy and Implementation Plan. Consistent with the policy of this administration directing HHS to make achieving environmental justice part of its mission, HHS would like to identify priority actions and strategies to best address environmental injustices and health inequities for people of color, disadvantaged, vulnerable, low-income, marginalized, and indigenous populations. With the engagement of and input from the public, the 2022 Environmental Justice Strategy and Implementation Plan will serve as a guide to confront environmental and health disparities and implement a multifaceted approach that will serve vulnerable populations and communities disproportionately impacted by environmental burdens.

Federal Agency: Office of the Assistant Secretary for Health, Office of the Secretary, Department of Health and Human Services (HHS)

Affected Area: UMC

Comments Due: 6/18/2022

Items of Interest

Notice of Solicitation for Nominations for Appointment to the Aviation Rulemaking Advisory Committee (ARAC)

ARAC was established on January 22, 1991, under the Federal Advisory Committee Act (FACA) pursuant to Title 5 of the United States Code, Appendix 2. The purpose of ARAC is to provide information, advice, and recommendations to the Secretary of Transportation, through the FAA Administrator, concerning rulemaking activities, such as aircraft operations, airman and air agency certification, airworthiness standards and certification, airports, maintenance, noise, and training.

Comments Due: 5/18/2022

Internal Revenue Service Advisory Council (IRSAC); Nominations

The Internal Revenue Service (IRS) is seeking new members to serve on the Internal Revenue Service Advisory Council (IRSAC). Applications are currently being accepted for appointments that will begin in January 2023. IRSAC members are drawn from substantially diverse backgrounds representing a cross-section of the taxpaying public with substantial, disparate experience in: Tax preparation for individuals, small businesses and large, multi-national corporations; tax-exempt and government entities; information reporting; and taxpayer or consumer advocacy. Nominations of qualified individuals may come from individuals or organizations; applications should describe and document the proposed member’s qualifications for IRSAC.

Comments Due: 6/3/2022

Haley signs letter demanding American universities divest from China

The letter, drafted by the Athenai Institute, requests university officials push their schools to divest entirely from their Chinese financial ties in protest of Chinese human rights abuses and international security threats. Haley’s signature is among the most prominent attached to the Athenai Letter. “American universities must ensure they’re not sending a single dollar to fund genocide,” Haley told Fox News Digital. “Communist China is imprisoning millions of Uyghurs, forcing them to work and subjecting them to rape, sterilization and torture.”

 

Medical regulators: look beyond animal tests

Within ten months of scientists identifying SARS-CoV-2, the European Commission and the US Food and Drug Administration (FDA) had authorized vaccines for emergency use, thus beginning immunization programmes that are saving many lives. Regulatory approval for vaccines usually takes ten years. Much of the speed was achieved by prioritizing COVID-19 programmes; another innovation was allowing human studies to begin before all standard animal tests had been concluded. Before clinical trials of the two messenger RNA vaccines began in 2020, pharmaceutical companies presented regulators with historical data from work on animal models, which studied similar technology in vaccines against diseases including rabies. Other data came from cell-based tests and computational assessments of the experimental vaccines. Non-animal techniques, including the use of monoclonal antibodies, cultured cells and physico-chemical analysis, were also used to ensure the quality of each vaccine batch.

 

FBI chief says espionage threat posed by China ‘unprecedented in history’

FBI Director Christopher Wray said on Sunday that the current scale of espionage and cybersecurity threats from China were “unprecedented in history.” “The biggest threat we face as a country from a counterintelligence perspective is from the People’s Republic of China and especially the Chinese Communist Party,“ Wray said during an interview on CBS News’s “60 Minutes.” “They are targeting our innovation, our trade secrets, our intellectual property, on a scale that’s unprecedented in history,” he added, noting that China’s hacking program is larger “than that of every other major nation combined.”

 

Congressional Researchers Highlight Growing Federal-State Marijuana ‘Policy Gap’ In New 100-Page Report

The gap between federal and state marijuana policies continues to widen and shows no signs of stopping, congressional researchers said in a new report that also lays out options for how lawmakers could address the growing schism. The Congressional Research Service (CRS) published the 101-page analysis just days after the U.S. House of Representatives approved a bill to federally legalize cannabis. It covers a wide range of policy implications caused by the ongoing prohibition of marijuana under federal law as more states move to legalize for medical and adult use.

New Biomed Unit Under Pressure to Use Untried Drug Patent Grabs

There’s been a push, particularly among progressives, for the NIH to exercise what’s known as march-in rights to temper drug prices—most recently on Astellas’ cancer drug Xtandi. Established under the 1980 Bayh-Dole Act, march-in allows the government to seize patents for inventions created with government funding and license them to other entities for commercialization.

 

Biden Wants to Attract Russian Scientists

President Biden has asked Congress to suspend, for four years, the requirement that Russian scientists applying for visas have a sponsoring employer, eliminating a major obstacle for many seeking to come to the United States, The New York Times reported. The measure would apply only to Russian citizens “with master’s or doctoral degrees in science or engineering fields like artificial intelligence, nuclear engineering or quantum physics,” the Times reported. The move comes at a time when many Russian scientists already want to leave their home country.

 

We Don’t Necessarily Need a Scientist at the Head of the Office of Science and Technology Policy

President Biden came into office promising to restore the role of science in government after the Trump administration’s rocky relationship with scientific advice. (You might remember an incident involving a hurricane forecast and a Sharpie.) A key tool for the White House to implement its ambitious science-related agenda is the Office of Science and Technology Policy, or OSTP—a relatively small outfit that oversees policies about science, including budget requests for agencies that conduct science and the coordination of major scientific endeavors across the federal government. Since Biden took office, OSTP has taken on a variety of sorely needed priorities, including reinvigorating government processes for scientific integrity, future pandemic preparedness, and exploring what artificial intelligence means for human rights. But these good causes have been overshadowed by controversies over OSTP’s leadership.

 

Request for Nominations of Experts to the EPA Office of Research and Development’s Human Studies Review Board Advisory Committee

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates with expertise in the areas of toxicology, bioethics, and statistics to be considered for appointment to its Human Studies Review Board (HSRB) federal advisory committee. Submission of nominations will be made via the HSRB website at:  https://www.epa.gov/​osa/​human-studies-review-board.

Comments Due: 5/31/2022

Solicitation of Nominations for Membership on the National Vaccine Advisory Committee

The Office of Infectious Disease and HIV/AIDS Policy (OIDP), a program office within the Office of the Assistant Secretary for Health, Department of Health and Human Services (HHS), solicits nominations of qualified candidates to be considered for appointment to the National Vaccine Advisory Committee (NVAC). The activities of this committee are governed by the Federal Advisory Committee Act (FACA). The NVAC serves an advisory role, providing recommendations to the Assistant Secretary for Health in her capacity as the Director of the National Vaccine Program. The committee studies and recommends ways to encourage the availability of an adequate supply of safe and effective vaccination products in the United States, as well as research priorities and other measures to enhance the safety and efficacy of vaccines. The committee also advises the Assistant Secretary for Health on the implementation of sections 300aa-2, 300aa-3, and 300aa-4 of the Public Health Service (PHS) Act, including government and non-government cooperation. A copy of the NVAC charter that describes its structure and functions and lists of the current members can be reviewed on the NVAC website at: http://www.hhs.gov/​nvpo/​nvac/​index.html. Submission Process: Please email all submissions to nvac@hhs.gov. All nominations for membership on the committee must be received no later than 5:00 p.m. EDT on June 24, 2022.

Comments Due: 6/24/2022

Biden Orders Quantum Computing Push as China Challenge Grows

President Joe Biden will sign directives on Wednesday aimed at preparing the U.S for a new era of quantum computing, as Chinese agencies and companies pour billions of dollars into the next-generation technology…. Federal agencies will have to develop comprehensive plans to safeguard American intellectual property, research and other sensitive technology from acquisition by America’s adversaries, plus educate industry and academia on the threats they face, the White House said, without naming specific countries.

 

President Biden Announces Two Presidential Directives Advancing Quantum Technologies

Today, President Biden will sign two Presidential directives that will advance national initiatives in quantum information science (QIS), signaling the Biden-Harris Administration’s commitment to this critical and emerging technology. Together, the two directives lay the groundwork for continued American leadership in an enormously promising field of science and technology, while mitigating the risks that quantum computers pose to America’s national and economic security.

 

Risky ‘gain-of-function’ studies need stricter guidance, say US researchers

Researchers and biosecurity specialists are calling on the US government to issue clearer guidance about experiments it might fund that would make pathogens more transmissible or deadly. They made these pleas on 27 April, during the first of a series of public listening sessions organized by the US National Institutes of Health (NIH). The sessions are part of a months-long review, conducted by the National Science Advisory Board for Biosecurity (NSABB), of US policies governing risky pathogen research.

 

Duke’s Klotman is under consideration as the next NIH head

Mary Klotman, a Duke University scientist and senior leader, is a strong contender to be the next director of the National Institutes of Health, according to three people with knowledge of the selection. A physician known for her research into HIV, Klotman has served as dean of the Duke University School of Medicine since 2017. She has had conversations with several senior administration officials, said the three people, who spoke on the condition of anonymity because they were not authorized to discuss the selection. If selected by President Biden and confirmed by the Senate, she would replace Francis S. Collins, who stepped down as NIH director last year but returned to government this year to advise Biden on science policy. Lawrence A. Tabak, a longtime federal official, has served as the agency’s interim head since Collins’s departure.

 

Research universities are shortchanging their storytelling

Higher Ed unequivocally sits at the tip of the spear for ideation and invention. And research universities are its leading incubators, moving the world forward in every field. But on the whole, universities’ research stories aren’t being told well enough, broadly enough, or consistently enough. Universities often struggle to make the case for how research contributes to their educational mission when speaking to prospective students and their families, despite research, learning, and discovery being intrinsically linked. They’ve historically had a hard time translating research endeavors to alumni [and alumni donors], a presumably friendly audience when it comes to showcasing and celebrating university successes. And similarly, universities have fumbled efforts to powerfully convey research ROI to legislators. Yet each of these constituent groups are incredibly important to ensure ongoing support and investment.

Putin’s Failure to Hold on to the Educated Could Be the World’s Gain (New York Times, Opinion)

Russia has suffered from brain drain for at least a century, in part because it produces top-notch university graduates but usually hasn’t had an economy capable of putting their skills to good use….. The United States has been tougher to get into because visas are scarce. In March the Department of Homeland Security granted Ukrainians temporary protected status for 18 months, enabling them to stay and work in the United States without a visa — but it has not done so for Russians.  In a shift, however, the Biden administration asked Congress last week to suspend for four years the requirement that Russian scientists applying for H1-B visas have a sponsoring employer. The measure would apply only to Russian citizens with master’s or doctoral degrees in science or engineering fields such as artificial intelligence, nuclear engineering and quantum physics. They would have to undergo security vetting.

Request for nominations for Mobile Sources Technical Review Subcommittee

The U.S. Environmental Protection Agency (EPA) invites nominations from a diverse range of qualified candidates to be considered for appointment to its Mobile Sources Technical Review Subcommittee (MSTRS). Vacancies are anticipated to be filled by October 17, 2022. Sources in addition to this Federal Register Notice may also be utilized in the solicitation of nominees.

Comments Due: 7/11/2022

Stop squandering data: make units of measurement machine-readable

Humans struggle to interpret numbers with sloppy or missing units, and it is much more difficult when computers are involved. Most software packages, data-management tools and programming languages lack built-in support for associating units with numeric data (with the exception of the language F#). This means that information is essentially stored and managed as ‘unitless’ values. Disciplines including bioscience and aerospace engineering have adopted conventions for unit representation, such as the Unified Code for Units of Measure (UCUM) and the Quantities, Units, Dimensions, and Types (QUDT) Ontology. But there are no broadly agreed technical specifications for how to represent quantities and their associated units without confusing machines.

 

Gearing Up for 2023 Part II: Implementing the NIH Data Management and Sharing Policy

NIH has a long history of developing consent language and, as such, our team worked across the agency – and with you! – to develop a new resource that shares best practices for developing informed consents to facilitate data/biospecimen storage and sharing for future use.  It also provides modifiable sample language that investigators and IRBs can use to assist in the clear communication of potential risks and benefits associated with data/biospecimen storage and sharing.  In developing this resource, we engaged with key federal partners, as well as scientific societies and associations.  Importantly, we also considered the 102 comments from stakeholders in response to a RFI that we issued in 2021. As for our second resource, we are requesting public comment on protecting the privacy of research participants when data is shared. I think I need to be upfront and acknowledge that we have issued many of these types of requests over the last several months and NIH understands the effort that folks take to thoughtfully respond.  With that said, we think the research community will greatly benefit from this resource and we want to hear your thoughts on whether it hits the mark or needs adjustment.

 

NIH gains new power to police sexual harassment

Now, thanks to a provision Congress added to NIH’s 2022 spending legislation, reporting harassment will be mandatory. In addition, the trigger for reporting is not just a change in grant personnel, but any disciplinary action. As of 9 July, institutions must inform NIH within 30 days if key grant personnel “are removed from their position or are otherwise disciplined due to concerns about harassment, bullying, retaliation, or hostile working conditions,” the agency announced in a 10 May notice.

 

OIG report is critical of information security at academic and research contractors

The OIG report, “Audit of the Protection of Military Research Information and Technologies Developed by Department of Defense Academic and Research Contractors”, found that universities and research contractors omitted to consistently implement the necessary cybersecurity protocols to protect CUI stored on their networks from internal and external cyber threats. The OIG report made eight findings on research contractor protocols used to store, process, and transmit CUI. Out of the ten contractors reviewed, the OIG specifically found that:

One failed to create an incident response plan; One failed to monitor network traffic and scan its network for viruses; Two failed to implement physical security protocols (e.g., security guards, biometric readers, access card readers, and physical access control logs); Two failed to encrypt workstation hard drives to safeguard CUI from unauthorized disclosure or access; Three failed to identify and resolve system and network vulnerabilities in a timely fashion; Four failed to deactivate user accounts after prolonged periods of inactivity; Four failed to enforce the use of multifactor authentication or enforce the use of strong passwords to access their systems and networks; and Five failed to use automatic controls to restrict the use of removable media to protect CUI stored on removable media.

 

COMPLIANCE SUPPLEMENT

The 1,968 page 2022 Compliance Supplement was posted on May 11th (at least three months early compared to previous years) on the OMB, Office of Federal Financial Management (OFFM) website. Comments on the 2022 Compliance Supplement, as specified in the Federal Register Notice, are due to OMB by July 11, 2022 (late comments will be considered to the extent practicable). Comments will be addressed in the development of the 2023 Compliance Supplement––however, COGR’s view is that if significant, we will advocate for comments to be addressed sooner. Several items of note are:

•             Applicability of 2 CFR Part 200 FAQs (p. 28 and p. 1778) . As COGR requested upon the original release of 2 CFR 200, the FAQs applicable to 2 CFR Part 200 (the Uniform Guidance) are recognized in the Compliance Supplement.

•             Part V: R&D and SFA Clusters (p. 1776 and p. 1781). COGR reviews the Compliance Supplement for updates to the R&D Cluster––there appear to be no significant changes to the R&D Cluster.

•             Appendix IV: “Higher Risk” programs (p. 1931). This section updates the list of COVID-19 programs that have been determined as “higher risk.”

•             Appendix VII: Federal Audit Clearinghouse transition (p. 1959). This section provides the timing for the Federal Audit Clearinghouse transition from Census to GSA, effective October 1, 2022.

Solicitation of Nominations for Appointment to CDC’s Advisory Committee to the Director (ACD) Data and Surveillance Workgroup (DSW); Re-Opening of Solicitation Period

Notice is hereby given of a change in the solicitation of CDC’s Advisory Committee to the Director (ACD) Data and Surveillance Workgroup (DSW). In the Federal Register notice published on May 4, 2022, nominations for appointment to CDC’s ACD DSW workgroup were due May 16, 2022. Nominations are now due May 27, 2022.

Comments Due: 5/27/2022

Solicitation of Nominations for Membership to the Advisory Committee on Transportation Equity

Solicitation of nominations for membership to the Advisory Committee on Transportation Equity.

Comments Due: 6/16/2022

Revision of NSF Award Terms and Conditions (NSF)

The entire suite of NSF Award Terms and Conditions have been revised to implement the requirements of the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act (P.L. 117-58).  The revised terms and conditions will apply to all new NSF awards and funding amendments to existing NSF awards made on or after May 13, 2022. All sets of award conditions are accompanied by a summary of changes made to that document.

Comments Due: June 2022

Updated eRA RPPR Module and Instruction Guide: Action Required for In-Progress Budget Forms

The Research Performance Progress Report (RPPR) Module in eRA Commons is moving to the new visual appearance being adopted by other eRA modules, because of a required technology upgrade that enhances the security and stability of the module. The upgrade includes adding the new unique entity identifier (UEI) fields where applicable and required FORMS-G changes, including updated budget forms. These upgrades are expected to be released on June 23, 2022.

Hot Off the Presses: Updated RPPR Instruction Guide Available (NIH Extramural Nexus)

An updated RPPR Instruction Guide is now available. The instruction guide reflects changes associated with recently issued guide notices on Other Support and Biosketch format pages, human subjects, Trainee Diversity Report and NRSA childcare costs reporting (see NOT-OD-22-130 for details).  Note that a final RPPR Instruction Guide will be published on June 23 to reflect the revised screenshots accompanying the new look and feel of the RPPR module.

 

Action Required for In-Progress RPPR Budget Forms By or Before June 22

The Research Performance Progress Report (RPPR) module in eRA Commons is moving June 23 to the new visual appearance of other eRA modules. This is part of a required technology upgrade that will enhance the security and stability of the module. The release will include the addition of the new unique entity identifiers (UEI) where applicable as well as required FORMS-G changes, including updated budget forms.

Policy Alert – April 2022

Posting Date

Department

Contact

Name

Effective Date

Summary

New Policies

3/8/2022

Associate Vice President for Research 

Lauren Wilson

Copyright Policy

3/8/2022

This policy is intended to facilitate the appropriate classification of charitable gifts verses sponsored projects and to ensure that external funding directed to the University receives the proper compliance review, administrative oversight, and monitoring. 

Revised Policies

4/7/2022

Associate Vice President for Research

Lauren Wilson

Internal MOU Policy

4/7/2022

Annual Review conducted

Compliance Alert – April 2022

Legislative Updates

HB46: This bill establishes the State Seal of Biliteracy program to recognize graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English, and would provide for the seal to be awarded to the graduate by the State Department of Education. Passed on 2022-29-03.

HB138: This bill makes supplemental appropriations from the Education Trust Fund totaling $1,283,283,616 to various agencies and entities for the fiscal year ending September 30, 2022; and to amend Section 3B of Act 2021-342 of the 2021 Regular Session, the Education Trust Fund Appropriations Act for the fiscal year ending September 30, 2022, to clarify the 9 intent regarding an appropriation to the Department of Education. Passed on: 2022-04-07. Conference Committee on HB138 2022RS first Substitute Offered.

HB267: Appropriations, supplemental appropriations for fiscal year ending September 30, 2022, from the Education Trust Fund Advancement and Technology Fund to various school systems and colleges and universities, and other entities. Passed on: 2022–04-06 – Delivered to Governor at 1:53 p.m.

HB312: Education and training, divisive concepts, prohibits teaching of the concepts under certain circumstances, allows teaching of the concepts in public institutions of higher education as long as assent to the concept is not compelled. Status: Engrossed on 2022-03-17 – 50% progression. Action: Pending third on day 28 Favorable from Governmental Affairs.

HB307: Education, issuance of professional educator certificate to individuals completing approved alternative teacher preparation programs, Sec. 16-23-3.01 added; Sec. 16-23-3 am’d. Passed on: 2022-03-09 – Delivered to Governor at 3:34 p.m.

HB395: Alcoholic beverage licenses, Hospitality Management Program license created at certain state universities, activities under license authorized. Passed on 2022-04-05 – Forwarded to Governor.

SB313: Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures. Passed on 2022-04-07 – 100% progression.

HB135: Education budget, appropriations for the support, maintenance, and development of public education. This bill makes appropriations for the support, maintenance and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2023. Passed on: 2022-04-06. Forwarded to the Executive Department.

SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-36-60, 16-36-60.1, 16-36-65 am’d. Passed on: 2022-02-10. Assigned Act No. 2022-80.

SB119: Colleges and Universities, Alabama G.I. and Dependents’ Educational Benefit Act, use of scholarship benefits at 2 year or 4 year public or private institutions of higher education physically located in state provided, Sec. 31-6-8 repealed; Secs. 31-6-2, 31-6-2.1, 31-6-3, 31-6-4, 31-6-5, 31-6-6, 31-6-9, 31-6-11, 31-6-12, 31-6-13, 31-6-14, 31-6-15, 31-6-15.1, 31-6-16 am’d. Passed on 2022-03-01 – Assigned Act No. 2022-91.

Final Rules

Occupational Exposure to COVID-19 in Healthcare Settings

OSHA is partially reopening the comment period to allow for additional public comment on specific topics and is scheduling an informal public hearing on its interim final rule establishing an Emergency Temporary Standard (ETS), “Occupational Exposure to COVID-19.” The public hearing will begin on April 27, 2022.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: UMC

Comments Due: 4/22/2022

Additions of Entities to the Entity List

In response to the Russian Federation’s (Russia’s) further invasion of Ukraine on February 24, 2022, the Department of Commerce is amending the Export Administration Regulations (EAR) by adding 120 entities under 120 entries to the Entity List. These 120 entities have been determined by the U.S. Government to be acting contrary to the national security interests or foreign policy of the United States and will be listed on the Entity List under the destinations of Belarus and Russia.

Federal Agency: Bureau of Industry and Security, Commerce

Affected Area: ORED, Research Compliance

Addition of 1-Bromopropane to the List of CERCLA Hazardous Substances; List of Hazardous Substances; Technical Corrections

The U.S. Environmental Protection Agency (EPA or the Agency) is issuing a technical amendment to modify the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) list of hazardous substances, to be consistent with the statutory provisions that currently comprise this list. These modifications include adding the Clean Air Act (CAA) HAP 1-Bromopropane and removing the Resource Conservation and Recovery Act (RCRA) vacated K-Code Wastes: K064, K065, K066, K090, and K091. The Agency is also adding clarifying language, correcting a Chemical Abstract Service Registry Number (CASRN), and modifying the formatting of hazardous substance isomers and homologs that are listed with parent substances.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Schedules of Controlled Substances: Placement of Daridorexant in Schedule IV

On January 7, 2022, the United States Food and Drug Administration approved a new drug application for QUIVIVIQ (daridorexant) tablets for the treatment of adult patients with insomnia characterized by difficulties with sleep onset and/or sleep maintenance. The Department of Health and Human Services provided the Drug Enforcement Administration (DEA) with a scheduling recommendation to place daridorexant and its salts in schedule IV of the Controlled Substances Act (CSA). In accordance with the CSA, as amended by the Improving Regulatory Transparency for New Medical Therapies Act, DEA is hereby issuing an interim final rule placing daridorexant in schedule IV, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of such isomers is possible within the specific chemical designation, thereby facilitating the commercial distribution of QUIVIVIQ as a lawful controlled substance.

Federal Agency: Drug Enforcement Administration, Department of Justice

Affected Area: EHS, UAPD

Comments Due: 5/9/2022

Notification of Interpretation of Section 188 of the Workforce Innovation and Opportunity Act

This Notification is to inform the public that, consistent with the Supreme Court’s 2020 decision in Bostock v. Clayton County and Title IX of the Education Amendments of 1972, the U.S. Department of Labor (DOL), beginning April 7, 2022, will interpret the prohibition on discrimination on the basis of sex that is codified in Section 188 of the Workforce Innovation and Opportunity Act to include discrimination on the basis of sexual orientation. DOL will continue to interpret and enforce Section 188’s prohibition on discrimination on the basis of sex to include discrimination on the basis of gender identity and transgender status. This interpretation will guide DOL’s Civil Rights Center in processing complaints and conducting investigations and compliance reviews, but does not determine the outcome in any particular case or set of facts.

Federal Agency: Office of the Secretary, Labor

Affected Area: Title IX, EEO, HR

Requiring Online Submission of Applications for and Renewals of DEA Registration

This rule mitigates issues created by paper applications by simplifying the process by which registrants submit new applications for registration, or renew current registrations. Previously, DEA regulations permitted the aforementioned DEA Registration Forms (224/224a, 225/225a, 363/363a, and 510/510a) to be submitted either through a secure online portal or via delivery to DEA Headquarters.[1] This rule amends DEA regulations by requiring all registration and renewal applications be submitted only through the secure online portal. The Administration believes this rule will mitigate some of the issues associated with paper applications by reducing inefficiencies and facilitating the application process. After careful consideration, DEA has determined that it is not necessary to amend the proposed regulations related to batch processing, because the regulations currently allow, and will continue to allow, the submission of batch applications. This rule is consistent with agency-wide efforts to reduce reliance on antiquated paper submissions and to facilitate electronic document processing.[2]

Federal Agency: Drug Enforcement Administration

Affected Area: Research, Research Compliance, CCHS, UMC

Proposed Rules

Pre-Enforcement Notice and Conciliation Procedures

To promote the efficient and effective enforcement of laws and regulations applicable to Federal contractors and subcontractors, the Office of Federal Contract Compliance Programs (OFCCP) proposes to modify regulations that delineate procedures and standards the agency follows when issuing pre-enforcement notices and securing compliance through conciliation. This proposal would support OFCCP in fulfilling its mission to ensure equal employment opportunity.

Federal Agency: Department of Labor

Affected Area: EEO, HR

Proposed Deletion From the National Priorities List

The Environmental Protection Agency (EPA) is issuing a Notice of Intent to delete five sites and partially delete six sites from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the state, through its designated state agency, have determined that all appropriate response actions under CERCLA, other than operations and maintenance of the remedy, monitoring and five-year reviews, where applicable, have been completed. However, this deletion does not preclude future actions under Superfund.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/21/2022

Scientific Data and Information Related to the Residue of Carcinogenic Concern for the New Animal Drug Carbadox; Public Hearing; Request for Comments; Extension of Comment Period

The Food and Drug Administration (FDA, we, or Agency) is extending the comment period for the notice of public hearing that appeared in the Federal Register of January 13, 2022. In the notice, FDA requested comments on scientific data and information related to the residue of carcinogenic concern for the new animal drug carbadox. The Agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.

Federal Agency: Food and Drug Administration, HHS

Affected Area: ORED

Comments Due: 6/10/2022

Improve Tracking of Workplace Injuries and Illnesses

OSHA is proposing to amend its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, OSHA proposes to amend its regulation to require establishments with 100 or more employees in certain designated industries to electronically submit information from their OSHA Forms 300, 301, and 300A to OSHA once a year. Establishments with 20 or more employees in certain industries would continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. OSHA also proposes to update the classification system used to determine the list of industries covered by the electronic submission requirement. In addition, the proposed rule would remove the current requirement for establishments with 250 or more employees, not in a designated industry, to electronically submit information from their Form 300A to OSHA on an annual basis. OSHA intends to post the data from the proposed annual electronic submission requirement on a public website after identifying and removing information that reasonably identifies individuals directly, such as individuals’ names and contact information. Finally, OSHA is proposing to require establishments to include their company name when making electronic submissions to OSHA.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: HR, Risk Management

Comments Due: 5/31/2022

Pre-Enforcement Notice and Conciliation Procedures

To promote the efficient and effective enforcement of laws and regulations applicable to Federal contractors and subcontractors, the Office of Federal Contract Compliance Programs (OFCCP) proposes to modify regulations that delineate procedures and standards the agency follows when issuing pre-enforcement notices and securing compliance through conciliation. This proposal would support OFCCP in fulfilling its mission to ensure equal employment opportunity.

Federal Agency: Office of Federal Contract Compliance Programs, Labor

Affected Area: EEO, HR

Comments Due: 4/21/2022

Energy Conservation Program: Energy Conservation Standards for Room Air Conditioners

The Energy Policy and Conservation Act, as amended (“EPCA”), prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including room air conditioners. EPCA also requires the U.S. Department of Energy (“DOE”) to periodically determine whether more-stringent standards would be technologically feasible and economically justified, and would result in significant energy savings. In this notice of proposed rulemaking (“NOPR”), DOE proposes amended energy conservation standards for room air conditioners, and also announces a webinar to receive comment on these proposed standards and associated analyses and results.

Federal Agency: Office of Energy Efficiency and Renewable Energy, Department of Energy

Affected Area: Facilities and Grounds

Integrating e-Manifest With Hazardous Waste Exports and Other Manifest-Related Reports, PCB Manifest Amendments and Technical Corrections

EPA proposes certain amendments to the electronic manifest (e-Manifest) regulations concerning the e-Manifest program and system. Specifically, EPA is proposing changes to manifest regulations for shipments of hazardous waste that are exported for treatment, storage, and disposal. These proposed changes follow EPA’s e-Manifest User Fee final rule, promulgated in January 2018, which stated that the scope of the e-Manifest requirements and system would not extend to U.S. export shipments of hazardous wastes until the Agency determined, through separate rulemaking, which entity in the export process would be responsible for submitting export manifests to the e-Manifest system and paying the associated user fees. EPA is also proposing regulatory changes to the RCRA hazardous waste export and import shipment international movement document-related requirements to more closely link the manifest data with the international movement document data. In addition, EPA is proposing regulatory amendments to three manifest-related reports (i.e., discrepancy, exception, and unmanifested waste reports) and is requesting public comment on changes to the manifest form. EPA is also requesting public comment with respect to how the Agency can begin to integrate biennial reporting requirements with e-Manifest data. Additionally, EPA is proposing conforming regulatory changes to the Toxic Substances Control Act (TSCA) manifest regulations for polychlorinated biphenyls (PCB) wastes. Finally, the Agency is proposing to make technical corrections to fix typographical errors in the e-Manifest and movement document regulations.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 5/31/2022

Considerations for Implementing the Health Information Technology for Economic and Clinical Health (HITECH) Act, as Amended

The Office for Civil Rights (OCR) at the United States Department of Health and Human Services (HHS or the Department) is issuing this Request for Information (RFI) to solicit public comment on certain provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, namely: The consideration of recognized security practices of covered entities and business associates when OCR makes determinations regarding fines, audits, and remedies to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Security Rule; and the distribution to harmed individuals of a percentage of civil money penalties (CMPs) or monetary settlements collected pursuant to the HITECH Act, which requires the Secretary of HHS (Secretary) to establish by regulation, and based upon recommendations from the Government Accountability Office (GAO), a methodology under which an individual who is harmed by an act that constitutes an offense under certain provisions of the HITECH Act or the Social Security Act relating to privacy or security may receive a percentage of any CMP or monetary settlement collected by OCR with respect to such offense.

Federal Agency: Office for Civil Rights, Office of the Secretary, Department of Health and Human Services

Affected Area: CERA, OIT

Comments Due: 6/6/2022

Affordability of Employer Coverage for Family Members of Employees

This document contains proposed regulations under section 36B of the Internal Revenue Code (the “Code”) that would amend the existing regulations regarding eligibility for the premium tax credit (“PTC”) to provide that affordability of employer-sponsored minimum essential coverage (employer coverage) for family members of an employee is determined based on the employee’s share of the cost of covering the employee and those family members, not the cost of covering only the employee. The proposed regulations also would add a minimum value rule for family members of employees based on the benefits provided to the family members. The proposed regulations would affect taxpayers who enroll, or enroll a family member, in individual health insurance coverage through a Health Insurance Exchange (“Exchange”) and who may be allowed a PTC for the coverage. This document also provides a notice of a public hearing on these proposed regulations.

Federal Agency: Internal Revenue Service

Affected Area: HR

Comments Due: 9/1/2022

Schedules of Controlled Substances: Placement of 2,5-dimethoxy-4-iodoamphetamine (DOI) and 2,5-dimethoxy-4-chloroamphetamine (DOC) in Schedule I

The Drug Enforcement Administration proposes placing two phenethylamine hallucinogens, as identified in this proposed rule, in schedule I of the Controlled Substances Act. This action is being taken, in part, to enable the United States to meet its obligations under the 1971 Convention on Psychotropic Substances for one of these substances. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess), or propose to handle these two specific controlled substances.

Federal Agency: Drug Enforcement Administration

Affected Area: UMC, ORED, UAPD

Comments Due: 6/10/2022

Schedules of Controlled Substances; Exempted Prescription Products

The Drug Enforcement Administration proposes to revoke the exempted prescription product status for all butalbital products previously granted exemptions. Upon publication of a final rule, these products shall become subject to all schedule III controls under the Controlled Substances Act. If finalized, this action would impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule III controlled substances on persons who handle (manufacture, distribute, import, export, engage in research, conduct instructional activities or chemical analysis, or possess) or propose to handle butalbital products. This rulemaking also proposes to make changes to our regulations to clarify that DEA may revoke “(either individually or categorically)” any previously granted exemptions, and adds regulations to clarify that products exempted from application of all or any part of the Controlled Substances Act are listed in the Table of Exempted Prescription Products available on the DEA Diversion Control website (https://www.deadiversion.usdoj.gov/​).

Federal Agency: Drug Enforcement Administration

Affected Area: UMC, UAPD

Comments Due: 5/12/2022

Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(a) of the Toxic Substances Control Act (TSCA)

The Environmental Protection Agency (EPA) is proposing a rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to health it has identified for conditions of use of chrysotile asbestos following completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. TSCA requires that EPA address the unreasonable risks of injury to health and environment by rule and to apply requirements to the extent necessary so that chrysotile asbestos no longer presents such risks. Therefore, to address the unreasonable risk identified in the TSCA Risk Evaluation for Asbestos, Part 1 from chrysotile asbestos, EPA is proposing to prohibit manufacture (including import), processing, distribution in commerce and commercial use of chrysotile asbestos for chrysotile asbestos diaphragms for use in the chlor-alkali industry, chrysotile asbestos-containing sheet gaskets used in chemical production, chrysotile asbestos-containing brake blocks used in the oil industry, aftermarket automotive chrysotile asbestos-containing brakes/linings, other chrysotile asbestos-containing vehicle friction products, and other chrysotile asbestos-containing gaskets. EPA also is proposing to prohibit manufacture (including import), processing, and distribution in commerce of aftermarket automotive chrysotile asbestos-containing brakes/linings for consumer use, and other chrysotile asbestos-containing gaskets for consumer use. EPA is also proposing disposal and recordkeeping requirements for these conditions of use.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 6/13/2022

Notices

Submission for OMB Review; Certain Federal Acquisition Regulation Part 22 Labor Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 22 labor requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Procurement

Comments Due: 4/20/2022

Information Collection; Certain Federal Acquisition Regulation Part 32 Requirements

In accordance with the Paperwork Reduction Act of 1995, and the Office of Management and Budget (OMB) regulations, DoD, GSA, and NASA invite the public to comment on a revision concerning certain Federal Acquisition Regulation part 32 requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: ORED, Grant Accounting

Comments Due: 5/20/2022

Cooperative Research and Development Agreement-Beyond Visual Line of Sight (BVLOS) Technology for Coast Guard (CG) Unmanned Aircraft System (UAS) Operations

The Coast Guard announces its intent to enter into a cooperative research and development agreement (CRADA) with companies to evaluate a detect and avoid (DAA) system to determine its potential use in a maritime environment to enable the Coast Guard to safely fly small UAS (SUAS) beyond visual line of sight (BVLOS). The Coast Guard will conduct flight testing and evaluations of SUAS DAA technology against CG mission scenarios. From our previous solicitations, the Coast Guard is currently considering partnering with AeroVironment (AV) Inc. and solicits public comment on the possible participation of other parties in the proposed CRADA, and the nature of that participation. The Coast Guard also invites other potential non-Federal participants, who have the interest and capability to bring similar contributions to this type of research, to consider submitting proposals for consideration in similar CRADAs.

Federal Agency: Coast Guard, DHS

Affected Area: CERA

Comments Due: 4/25/2022

Extension of Agency Information Collection Activity Under OMB Review: Law Enforcement Officers Safety Act and Retired Badge/Credential

This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0071, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection involves the submission of information from former employees who are interested in a Law Enforcement Officers Safety Act (LEOSA) Identification (ID) Card, a retired badge, and/or a retired credential.

Federal Agency: Transportation Security Administration, DHS

Affected Area: UAPD

Comments Due: 4/25/2022

Occupational Exposure to Hazardous Chemicals in Laboratories; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements

OSHA solicits public comments concerning the proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Occupational Exposure to Hazardous Chemicals in Laboratories.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: EHS, ORED, HR

Comments Due: 5/27/2022

Privacy Act of 1974; System of Records

As required by the Privacy Act of 1974, and Office of Management and Budget (OMB) Circular No. A-108, this notice is a new Privacy Act System of Records titled Contractor and Visitor Public Health Emergency Records DOL/OASAM-38, which include information on contractor employees, special government employees and student volunteers who work in, as well as visitors to, Department of Labor (DOL) facilities during declared public health emergencies. The system contains information provided by the contractor’s employees including such information as their applicable vaccination or medical countermeasure status and whether they are experiencing symptoms associated with the public health emergency. Each contractor with employees who will work in DOL facilities (regardless of whether the contract is with DOL or another Federal agency such as GSA) will be asked to confirm if its employees have been vaccinated or have received appropriate medical countermeasures, in addition, the contractor will be required to ensure that its employees follow the guidelines specified for working in DOL facilities, for example, to mitigate the spread of COVID-19, not fully vaccinated employees are required to wear masks and maintain physical distancing. Visitors to DOL facilities will also be asked to provide information about their vaccination or medical countermeasure status and information about whether they are experiencing any symptoms associated with the public health emergency. Contractors, special government employees and student volunteers may also be asked to provide proof of their vaccination status.

Federal Agency: Department of Labor

Affected Area: CERA

Comments Due: 4/25/2022

Agency Information Collection Activities; Submission for OMB Review; Comment Request; the 13 Carcinogens Standard

In accordance with 29 CFR 1920.1003, 1915.1003, and 1926.1103, the 13 Carcinogens Standard protects workers from the adverse health effects that may result from their exposure to the specified carcinogens. The following is a brief description of the collection of information requirements contained in the 13 Carcinogens Standard: Establishing and implementing a medical surveillance program for workers assigned to enter regulated areas; informing workers of their medical examination results; and providing workers with access to their medical records. Further, employers must retain worker medical records for specified time periods and make them available upon request to OSHA and NIOSH. For additional substantive information about this ICR, see the related notice published in the Federal Register on December 15, 2021 (86 FR 71286).

Federal Agency: Department of Labor

Affected Area: HR, UMC

Comments Due: 4/22/2022

Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and for Grants and Cooperative Agreements With Institutions of Higher Education, and Other Nonprofit Organizations

The Department of Transportation (DOT) invites public comments about our intention to request the Office of Management and Budget (OMB) approval for a previously approved information collection. These forms include Application for Federal Assistance (SF-424), Federal Financial Report (SF-425), Request for Advance or Reimbursement (SF-270) and Outlay Report and Request for Reimbursement for Construction Programs (SF-271).

Federal Agency: Department of Transportation

Affected Area: ORED, Grant Accounting, Construction Administration

Comments Due: 5/20/2022

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Reports of Transactions With Foreign Financial Agencies

The Secretary is authorized to require any “resident or citizen of the United States or a person in, and doing business in, the United States, to . . . keep records and file reports, when the resident, citizen, or person makes a transaction or maintains a relation for any person with a foreign financial agency.” The term “foreign financial agency” (FFA) means any person engaging in any activities outside the United States of a “financial agency,” which the statute defines as “a person acting for a person . . . as a financial institution, bailee, depository trustee, or agent, or acting in a similar way related to money, credit, securities, gold, or a transaction in money, credit, securities or gold, or a service provided with respect to money, securities, futures, precious metals, stones and jewels, or value that substitutes for currency.” The Secretary is also authorized to prescribe exemptions to the reporting requirement and to prescribe other matters the Secretary considers necessary to carry out 31 U.S.C. 5314. The regulations implementing reports of transactions with foreign financial agencies are found at 31 CFR 1010.360.

Federal Agency: Department of the Treasury

Affected Area:  Procurement, CERA

Comments Due: 4/29/2022

Increase in Maximum Tuition and Fee Amounts Payable Under the Post-9/11 GI Bill

For the 2022-2023 AY, the Post-9/11 GI Bill allows the Department of Veterans Affairs (VA) to pay the actual net cost of tuition and fees not to exceed the in-state amounts for students pursuing training at public schools; $26,381.37 for students training at private and foreign schools; $26,381.37 for students training at non-degree granting schools; $15,075.05 for students training at vocational flight schools; and $12,813.78 for students training at correspondence schools. In addition, the entitlement charge for individuals receiving reimbursement of the costs associated with taking a licensing, certification, or national test is pro-rated based on the actual amount of the fee charged for the test relative to the rate of $2,200.96 for one month. The maximum reimbursable amount for licensing and certification tests is $2,000. There is no maximum reimbursable amount for national tests.

Federal Agency: Department of Veterans Affairs, Financial Aid

Affected Area: Student Financial Aid, Office of Veterans

Information Collection; Federal Acquisition Regulation Part 7 Requirements

DoD, GSA, and NASA are combining OMB Control Nos. for the Federal Acquisition Regulation (FAR) by FAR part. This consolidation is expected to improve industry’s ability to easily and efficiently identify burdens associated with a given FAR part. The review of the information collections by FAR part allows improved oversight to ensure there is no redundant or unaccounted for burden placed on industry. Lastly, combining information collections in a given FAR part is also expected to reduce the administrative burden associated with processing multiple information collections.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Procurement

Comments Due: 6/3/2022

Notice of Automatic Extension of Performance Period for All Open Grants Issued Under the Higher Education Emergency Relief Fund (HEERF)

The U.S. Department of Education (Department) is issuing this notice regarding the automatic extension of HEERF grantees’ performance period. The performance period for all open HEERF grants with a balance greater than $1,000 is extended through June 30, 2023.

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: OSP, Financial Aid

Proposed Information Collection Request; Comment Request; Prevention of Significant Deterioration and Nonattainment New Source Review (Renewal)

The Environmental Protection Agency is planning to submit an information collection request (ICR), “Prevention of Significant Deterioration and Nonattainment New Source Review” (EPA ICR No. 1230.34, OMB Control No. 2060-0003) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed renewal of the ICR, which is currently approved through January 31, 2023. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

This ICR is for activities related to the implementation of the EPA’s New Source Review (NSR) program, for the time period between January 1, 2022, and January 31, 2023, and renews the previous ICR. Title I, part C of the Clean Air Act (CAA or the Act)—“Prevention of Significant Deterioration,” and part D—“Plan Requirements for Nonattainment Areas,” require all states to adopt preconstruction review programs for new or modified stationary sources of air pollution. In addition, the provisions of section 110 of the Act include a requirement for states to have a preconstruction review program to manage the emissions from the construction and modification of any stationary source of air pollution to assure that the National Ambient Air Quality Standards are achieved and maintained. Tribes may choose to develop implementation plans to address these requirements.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 6/7/2022

Agency Information Collection Activities; Proposed Renewal of an Existing Collection and Request for Comment; PCBs, Consolidated Reporting and Recordkeeping Requirements

Section 6(e)(1) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2605(e), directs EPA to regulate the marking and disposal of PCBs. Section 6(e)(2) bans the manufacturing, processing, distribution in commerce, and use of PCBs in other than a totally enclosed manner. TSCA section 6(e)(3) establishes a process for obtaining exemptions from the prohibitions on the manufacture, processing, and distribution in commerce of PCBs. Since 1978, EPA has promulgated numerous rules addressing all aspects of the life cycle of PCBs as required by the statute. The regulations are intended to prevent the improper handling and disposal of PCBs and to minimize the exposure of human beings or the environment to PCBs. These regulations have been codified in the various subparts of 40 CFR 761. There are approximately 100 specific reporting, third-party reporting, and recordkeeping requirements covered by 40 CFR 761. To meet its statutory obligations to regulate PCBs, EPA must obtain sufficient information to conclude that specified activities do not result in an unreasonable risk of injury to health or the environment. EPA uses the information collected under the 40 CFR 761 requirements to ensure that PCBs are managed in an environmentally safe manner and that activities are being conducted in compliance with the PCB regulations. The information collected by these requirements will update the Agency’s knowledge of ongoing PCB activities, ensure that individuals using or disposing of PCBs are held accountable for their activities, and demonstrate compliance with the PCB regulations. Specific uses of the information collected include determining the efficacy of a disposal technology; evaluating exemption requests and exclusion notices; targeting compliance inspections; and ensuring adequate storage capacity for PCB waste. This collection addresses the several information reporting requirements found in the PCB regulations.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 6/6/2022

Pesticide Registration Review; Anthraquinone Draft Human Health and Ecological Risk Assessments and Final Work Plan; Notice of Availability

This notice announces the availability of EPA’s draft human health and ecological risk assessments for the registration review of anthraquinone for public comment. This notice also announces the availability of the anthraquinone Final Work Plan.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS, Facilities and Grounds

Comments Due: 6/6/2022

Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions; Draft Guidance for Industry and Food and Drug Administration Staff; Availability

The Food and Drug Administration (FDA or Agency) is announcing the availability of the draft guidance entitled “Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions.” As more medical devices are becoming interconnected, cybersecurity threats have become more numerous, more frequent, more severe, and more clinically impactful. As a result, ensuring medical device safety and effective includes adequate medical device cybersecurity, as well as its security as part of the larger system. In 2018, FDA proposed updates to the final guidance, “Content of Premarket Submissions for Management of Cybersecurity in Medical Devices,” and issued a draft guidance of the same name. This draft guidance replaces the 2018 draft guidance. This draft guidance is intended to further emphasize the importance of ensuring that devices are designed securely, are designed to be capable of mitigating emerging cybersecurity risks throughout the Total Product Life Cycle, and to clearly outline FDA’s recommendations for premarket submission content to address cybersecurity concerns. This draft guidance is not final nor is it for implementation at this time.

Federal Agency: Food and Drug Administration, HHS

Affected Area: UMC

Comments Due: 7/7/2022

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Affordable Care Act Advance Notice of Rescission

Section 2712 of the Public Health Service Act (PHS Act), as added by the Affordable Care Act, and the Departments’ final regulations (26 CFR 54.9815-2712, 29 CFR 2590.715-2712, 45 CFR 147.2712), provide rules regarding rescissions of health coverage for group health plans and health insurance issuers offering group or individual health insurance coverage. Under the statute and final regulations, a group health plan, or a health insurance issuer offering group or individual health insurance coverage, generally must not rescind coverage except in the case of fraud or an intentional misrepresentation of a material fact. The rescission notice will be used by health plans to provide advance notice to certain individuals that their coverage may be rescinded. For additional substantive information about this ICR, see the related notice published in the Federal Register on December 13, 2021 (86 FR 70866).

Federal Agency: Department of Labor

Affected Area: HR, EEO

Comments Due: 5/9/2022

Agency Information Collection Activities: Comment Request; National Science Foundation Proposal/Award Information-NSF Proposal and Award Policies and Procedures Guide

The National Science Foundation (NSF) is announcing plans to renew this collection. In accordance with the requirements of the Paperwork Reduction Act of 1995, we are providing opportunity for public comment on this action. After obtaining and considering public comment, NSF will prepare the submission requesting Office of Management and Budget (OMB) clearance of this collection for no longer than 3 years.

Federal Agency: National Science Foundation

Affected Area: ORED

Comments Due: 6/13/2022

Compounding Animal Drugs From Bulk Drug Substances; Guidance for Industry; Availability

The Food and Drug Administration (FDA, Agency, or we) is announcing the availability of a final guidance for industry (GFI) #256 entitled “Compounding Animal Drugs from Bulk Drug Substances.” This guidance describes FDA’s current thinking about compounding animal drugs from bulk drug substances, identifies our enforcement priorities with respect to drugs compounded from bulk drug substances, and describes circumstances under which FDA generally does not intend to take action against veterinarians or pharmacists in either State-licensed pharmacies or Federal facilities, who compound animal drugs from bulk drug substances. We are also announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (PRA).

Federal Agency: Food and Drug Administration

Affected Area: Animal Care, ORED

Comments Due: 5/16/2022

Availability of the Draft IRIS Toxicological Review of Formaldehyde (Inhalation)

The Environmental Protection Agency (EPA) is announcing a 60-day public comment period associated with release of the draft Integrated Risk Information System (IRIS) Toxicological Review of Formaldehyde (Inhalation). The draft document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA’s Office of Research and Development (ORD). EPA is releasing this draft IRIS assessment for public comment in advance of an external peer review conducted by the National Academy of Sciences, Engineering, and Medicine (NASEM). Public comments received will be provided to the external peer reviewers. NASEM, a contractor to EPA, will convene a public meeting to discuss the draft report with the public during Step 4 of the IRIS Process. The external peer reviewers will consider public comments submitted in response to this notice and provided at the public meeting when reviewing this document. EPA will consider all comments received when revising the document post-peer review. This draft assessment is not final as described in EPA’s information quality guidelines, and it does not represent, and should not be construed to represent Agency policy or views.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 4/13/2022

Agency Information Collection Activities; Comment Request; Loan Cancellation in the Federal Perkins Loan Program

This is a request for an extension of the current OMB approval for the recordkeeping requirements contained in 34 CFR 674.53, 674.56, 674.57, 674.58 and 674.59. The information collections in these regulations are necessary to determine Federal Perkins Loan (Perkins Loan) Program borrower’s eligibility to receive program benefits and to prevent fraud and abuse of program funds. There has been no change to the regulatory requirements. Due to the effects of the COVID-19 pandemic and the suspension of the collection of loans, the Department lacks sufficient data to allow for more accurate updates to the usage of the regulations.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 6/13/2022

Agency Information Collection Activities; Comment Request; Part 601 Preferred Lender Arrangements

Institution and Lender Requirements Relating to Education Loans is a section of the regulations governing private education loans offered at covered institutions. These regulations assure the Secretary that the integrity of the program is protected from fraud and misuse of program funds and places requirements on institutions and lenders to ensure that borrowers receive additional disclosures about Title IV, HEA program assistance prior to obtaining a private education loan. The Department is submitting the unchanged Private Education Loan Applicant Self-Certification for OMB’s continued approval. While information about the applicant’s cost of attendance and estimated financial assistance must be provided to the student, if available, the student will provide the data to the private loan lender who must collect and maintain the self-certification form prior to disbursement of a Private Education Loan. The Department will not receive the Private Education Loan Applicant Self-Certification form and therefore will not be collecting and maintaining the form or its data.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 6/13/2022

Funding Opportunity: Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program

The Department of Veterans Affairs (VA) is announcing the opportunity of funds for suicide prevention services grants under the Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program (SSG Fox SPGP). The SSG Fox SPGP enables the Office of Mental Health and Suicide Prevention (OMHSP) within the Veterans Health Administration (VHA) to provide financial assistance through a 3-year community-based grant program to eligible entities to provide, or coordinate the provision of, suicide prevention services to eligible Veterans and their families. Funding offered under this Notice of Funding Opportunity (NOFO) responds to the mounting need to reach Veterans at risk for suicide in their communities. This Notice contains information concerning the SSG Fox SPGP, the application process and the amount of funding available. Awards made for suicide prevention services grants will fund operations beginning on or around September 1, 2022.

Proposed Information Collection Request; Comment Request; Ethnicity, Race, Gender and Disability Self-Identification Form for Nominees Considered for Appointment on Federal Advisory Committees at the U.S. Environmental Protection Agency

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), Ethnicity, Race, Gender and Disability Self-Identification Form for nominees considered for appointment on federal advisory committees at the Environmental Protection Agency (EPA ICR Number 2717.01, OMB Control Number 2030-NEW) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a request for approval of a new collection. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Comments Due: 6/21/2022

Items of Interest

4/21/2022Request for Nominations for the Science Advisory Board Radionuclide Cancer Risk Coefficients Review Panel

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to form a Panel to review the draft EPA document titled Cancer Risk Coefficients for Environmental Exposure to Radionuclides (Federal Guidance Report No. 16). This draft document is an update to Federal Guidance Report No. 13, and provides new radionuclide-specific cancer risk coefficients for incidence and mortality associated with internal radionuclide exposure from ingestion and inhalation, and external exposure to radionuclides distributed in air, water, and soil.

Comments Due: 4/11/2022

Solicitation of Nominations for Membership To Serve on the Advisory Committee on Heritable Disorders in Newborns and Children

HRSA is seeking nominations of qualified candidates for consideration for appointment as members of the Advisory Committee on Heritable Disorders in Newborns and Children (ACHDNC or Committee). ACHDNC provides advice, recommendations, and technical information about aspects of heritable disorders and newborn and childhood screening to the Secretary of HHS (Secretary). HRSA is seeking nominations of qualified candidates for appointment to two positions on the Committee beginning in 2023, each serving a term of up-to 4 years.

Comments Due: 4/11/2022

Solicitation of Nominations for Organizational Representatives to the Advisory Committee on Heritable Disorders in Newborns and Children

HRSA is seeking nominations from organizations to send representatives to be a liaison to the Advisory Committee on Heritable Disorders in Newborns and Children (ACHDNC or Committee). Selections will be based on a review of the organization’s subject area of expertise, mission, relevancy, and benefit provided relative to the Committee’s purpose. The organizational representatives are non-voting liaisons. The Committee provides advice, recommendations, and technical information about aspects of heritable disorders and newborn and childhood screening to the Secretary of HHS.

Comments Due: 5/2/2022

Notice of Intent To Establish a Tribal Intergovernmental Advisory Committee; Structure and Request for Nominations

This notice seeks nominations for HUD’s Tribal Intergovernmental Advisory Committee (TIAC). It provides details on who is eligible to serve on TIAC and how Tribal governments can nominate persons to serve on TIAC on their behalf. Additionally, this notice announces the structure of the TIAC, informed by Tribal feedback.

Comments Due: 5/31/2022

Solicitation of Nominations for Appointment to the Advisory Committee on Homeless Veterans

The Department of Veterans Affairs (VA) is seeking nominations of qualified candidates to be considered for appointment to the Advisory Committee on Homeless Veterans (ACHV) (hereinafter in this section referred to as “the Committee”).

Comments Due: 4/8/2022

Solicitation of Nominations for Appointment to the Veterans and Community Oversight and Engagement Board

The Department of Veterans Affairs (VA) is seeking nominations of qualified candidates to be considered for appointment as a member of the Veterans and Community Oversight and Engagement Board (herein-after referred in this section to as “the Board”) for the VA West Los Angeles Campus in Los Angeles, CA (“Campus”) for the 2022 membership cycle.

Comments Due: 4/21/2022

U.S. Senate Unanimously Approves Marijuana Reform Bill On Same Day That House Schedules Legalization Vote

The bill—sponsored by Sens. Dianne Feinstein (D-CA), Brian Schatz (D-HI) and Chuck Grassley (R-IA)—is titled the Cannabidiol and Marihuana Research Expansion Act. It cleared the full chamber unanimously, without debate. It would streamline the application process for researchers who want to study the plant and to encourage the Food and Drug Administration (FDA) to develop cannabis-derived medicines. It would also clarify that physicians are allowed to discuss the risks and benefits of marijuana with patients and require the U.S. Department of Health and Human Services (HHS) to submit a report on those potential health benefits, as well one on barriers to cannabis research and how to overcome those obstacles.

It’s Not a Grant…It’s Not a Contract…It’s an Other Transaction!

What does this mean? “Other Transactions” are not grants. They are neither contracts nor cooperative agreements. Other Transactions are a unique type of legal funding instrument. Generally, these awards are also not subject to the Federal Acquisition Regulation or grant regulations (unless otherwise noted for certain provisions in the terms and conditions of award). They are, however, subject to the Other Transactions Authority that governs the initiative, as well as applicable legislative mandates.

The Abject Failure of IRBs (The Chronicle)

Some of the degeneration of IRBs is a result of the usual suspects: fear of legal risk on the part of universities, petty bureaucrats with delusions of heroism and an infantilizing view of research subjects, generalized incompetence operating in an environment with little accountability, and genuine resource constraints. But some of it is also because of the Procrustean task of fitting research ethics into the machinery of university administration. When our completed research is peer reviewed before publication, that review is typically done by scholars who are not only within our discipline, but experts in our research niches. Most researchers would find it comical to imagine a sociologist reviewing an article by a biologist and vice versa. We would expect that the results of such a process would not be particularly informative and that such non-expert reviewers would very often disagree on their assessments of the research. We would be right.

Directive (DIR) 2022-02

As part of its enforcement efforts, OFCCP conducts compliance evaluations of federal contractors to ensure they are meeting their nondiscrimination and affirmative action obligations, and the notice requirements in Executive Order 13496. This directive explains OFCCP’s compliance evaluation policies and expectations for contractors. Specifically, this directive clarifies OFCCP’s policies regarding scheduling of contractors for compliance evaluations, including enhancing the agency’s neutral scheduling procedures to reach a broader universe of federal contractors and eliminating delays in scheduling. It also describes contractors’ obligations to provide timely submission of complete Affirmative Action Programs (AAPs) and support data, supplemental information, and access to employees, applicants, and other witnesses.

Voluntary Resolution Agreement: Rhode Island Department of Children, Youth, and Families

This matter was initiated by four complaints filed with HHS and the U. S. Attorney’s Office for the District of Rhode Island alleging that DCYF failed or was failing to provide parents with disabilities an equal opportunity to participate in and benefit from DCYF’s programs and services. Three complaints specifically allege that DCYF failed to provide sign language interpreter services necessary for effective communication with parents who are deaf, during DCYF child protection investigations or when DCYF removed their children from their homes.  The fourth complaint alleges that DCYF based conclusions about the parental capacity on a parent’s disability (epilepsy and co-occurring intellectual disabilities) and failed to provide reasonable modifications to its treatment plan.

Request for Nominations for Members To Serve on National Institute of Standards and Technology Federal Advisory Committees

The National Institute of Standards and Technology (NIST or Institute) invites and requests nomination of individuals for appointment to seven existing Federal Advisory Committees (Committees): Advisory Committee on Earthquake Hazards Reduction; Board of Overseers of the Malcolm Baldrige National Quality Award; Information Security and Privacy Advisory Board; Judges Panel of the Malcolm Baldrige National Quality Award; Manufacturing Extension Partnership Advisory Board; National Construction Safety Team Advisory Committee; and Visiting Committee on Advanced Technology. NIST 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 Federal Advisory Committees in an individual capacity.

Request for Nominations for a Science Advisory Board Panel

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to form a panel to review the new cloud-based Environmental Benefits and Mapping (BenMAP) tool, an open-source computer program that calculates estimated air pollution-related deaths and illnesses and their associated economic value. BenMAP is a shorthand title referring to the EPA’s Environmental Benefits Mapping and Analysis Program, which has recently been updated to a new software platform built with Java code for the interface. The panel will review the latest available public release version of the BenMAP software.

Comments Due: 4/26/2022

Solicitation of Nominations for Appointment to the Healthcare Infection Control Practices Advisory Committee (HICPAC)

The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the HICPAC. The HICPAC consists of 14 experts in fields including but not limited to, infectious diseases, infection prevention, healthcare epidemiology, nursing, clinical microbiology, surgery, hospitalist medicine, internal medicine, epidemiology, health policy, health services research, public health, and related medical fields. Nominations are being sought for individuals who have expertise and qualifications necessary to contribute to the accomplishments of the committee’s objectives. Nominees will be selected based on expertise in the fields of infectious diseases, infection prevention, healthcare epidemiology, nursing, environmental and clinical microbiology, surgery, internal medicine, and public health. Federal employees will not be considered for membership. Members may be invited to serve for four-year terms. Selection of members is based on candidates’ qualifications to contribute to the accomplishment of HICPAC objectives  https://www.cdc.gov/​hicpac/​.

Comments Due: 9/17/2022

Advisory Board on Toxic Substances and Worker Health

The Secretary of Labor (Secretary) invites interested parties to submit nominations for individuals to serve on the Advisory Board on Toxic Substances and Worker Health for Part E of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).

Comments Due: 5/5/2022

United States Merchant Marine Academy Advisory Council

The Maritime Administration (MARAD) is seeking to solicit members for the United States Merchant Marine Academy Advisory Council (Council). The Council will provide advice and recommendations to the Secretary of Transportation, MARAD, and the United States Merchant Marine Academy (Academy) on matters related to the Academy.

Comments Due: 5/20/2022

Solicitation of Nominations for Membership on the Treasury Advisory Committee on Racial Equity

The Treasury Department is soliciting nominations for membership on the Treasury Advisory Committee on Racial Equity (TACRE). The TACRE is composed of up to 25 members who will provide information, advice and recommendations to the Department of the Treasury on matters relating to the advancement of racial equity. This notice provides expectations for Committee members and announces the process for applying for membership on the Committee.

Comments Due: 4/15/2022

Continuing To Strengthen Americans’ Access to Affordable, Quality Health Coverage

On January 28, 2021, I signed Executive Order 14009 (Strengthening Medicaid and the Affordable Care Act), establishing that it is the policy of my Administration to protect and strengthen Medicaid and the Affordable Care Act (ACA) and to make high-quality healthcare accessible and affordable for every American. It directs executive departments and agencies (agencies) with authorities and responsibilities related to Medicaid and the ACA to review existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, agency actions) to determine whether such agency actions are inconsistent with this policy.

Technical Advisory Committees; Notice of Recruitment of Members

The Bureau of Industry and Security (BIS), Department of Commerce is announcing its recruitment of candidates to serve on one of its six Technical Advisory Committees (“TACs” or “Committees”). TAC members advise the Department of Commerce on the technical parameters for export controls applicable to dual-use items (commodities, software, and technology) and on the administration of those controls. The TACs are composed of representatives from industry, academia, and the U.S. Government and reflect diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of items currently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls. Representation from the private sector is balanced to the extent possible among large and small firms.

Six TACs are responsible for advising the Department of Commerce on the technical parameters for export controls and the administration of those controls within specified areas: Information Systems TAC: Control List Categories 3 (electronics), 4 (computers), and 5 (telecommunications and information security); Materials and Equipment TAC: Control List Categories 1 (materials, chemicals, microorganisms, and toxins) and 2 (materials processing); Sensors and Instrumentation TAC: Control List Category 6 (sensors and lasers); Transportation and Related Equipment TAC: Control List Categories 7 (navigation and avionics), 8 (marine), and 9 (propulsion systems, space vehicles, and related equipment); and the Emerging Technology TAC (identification of emerging and foundational technologies that may be developed over a period of five to ten years with potential dual-use applications). The sixth TAC, the Regulations and Procedures TAC, focuses on the Export Administration Regulations (EAR) and procedures for implementing the EAR.

Request for Nominations for the Science Advisory Board IRIS Chloroform (Inhalation) Review Panel

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to form a Panel to review the draft EPA Integrated Risk Information System (IRIS) Toxicological Review of Chloroform (Inhalation). The draft cancer and non-cancer assessment includes a hazard identification analysis, which summarizes the available evidence on health effects that may be associated with environmental or occupational exposure, and dose-response analysis, which characterizes the quantitative relationship between chloroform inhalation exposure and each credible health hazard. The SAB Chloroform Review Panel will consider whether the conclusions found in the EPA’s draft assessment are clearly presented and scientifically supported. The Panel will also be asked to provide recommendations on how the assessment may be strengthened.

Comments Due: 4/29/2022

Public Research Universities Have Spent $14.5B on COVID Relief

An analysis by the Association of Public and Land-grant Universities has found that public research universities had spent nearly $14.5 billion, or over 70 percent of the federal COVID-19 relief grant dollars they received, as of Dec. 31, 2021. This includes the nearly $10 billion from the first two pandemic relief bills—the Coronavirus Aid, Relief, and Economic Security Act and the Coronavirus Response and Relief Supplemental Appropriations Act, as well as a substantial portion of the third round of funding that came from the American Rescue Plan Act. Funds were used to meet students’ basic needs, mitigate the spread of COVID-19 and shift to digital then hybrid instruction formats with unprecedented speed. Spending has continued this year.

APLU Analysis Finds Pandemic Relief Funding Delivered Critical Relief to Students & Public Universities

Washington, DC – Federal emergency pandemic relief funding provided critical support to students and public universities amid a global public health emergency, according to a new analysis from the Association of Public and Land-grant Universities (APLU) released today. The analysis finds public research universities have spent the vast majority of federal pandemic relief funding they received to meet students’ basic needs, mitigate the spread of COVID-19, and shift to digital then hybrid instruction formats with unprecedented speed. “The public research university community is extraordinarily grateful for emergency pandemic relief funding lawmakers provided the higher education community,” said APLU President Peter McPherson. “We’re very pleased to see that public research universities have wisely used these resources to meet critical needs facing their students and campuses while slowing the spread of COVID-19.”

Introducing NIH’s New Scientific Data Sharing Website

NIH has a long-standing commitment to making the research it funds available to the public. This commitment is demonstrated through a variety of sharing policies that function to increase the transparency and availability of scientific data and resources.  NIH policies expect:  The appropriate sharing of scientific data to be maximized;

Data from large scale genomic studies to be broadly and responsibly shared; Research tools developed with NIH funding to be made accessible to other researchers; Unique model organisms to be made available to the scientific community; Clinical trials to be registered and summary results reported in ClinicalTrials.gov; Peer reviewed manuscripts to be publicly available on PubMed Central. The new website will help you navigate these policies, providing you with step-by-step guides, infographics, tools and resources to help you on your way. In the case of clinical trials and public access policies, the site provides a central access point and visibility to these policies, and links out to existing NIH sites for more information. A key goal of the site is to serve as a central portal, providing information on both NIH-wide and NIH Institute and Center-specific sharing policies and data repositories in a way that is easily sortable and searchable

Upcoming Changes to the Federal Financial Report (FFR) Beginning April 1, 2022

Beginning April 1, 2022, recipients are no longer required to submit quarterly cash transaction reports 30 days after the end of each calendar quarter. Instead, PMS will pre-populate the cash transaction section (lines 10a through 10c) of the FFR using recipient real-time cash expenses information from PMS, and adjust recipient-reported disbursements to equal cash advance drawdowns on all non-closed sub-accounts (PMS type P). Recipients will be required to certify at the time of each drawdown whether the cash drawdown request is for reimbursement of actual expenditures or is an advance for immediate disbursement; recipients must assert that award funds are used in compliance with all award conditions and federal statutory requirements. For NIH recipients, the NIH Grants Policy Statement will be updated at the time of its next publication to incorporate the removal of this reporting requirement. These changes do not impact the standard reporting requirements and deadlines for financial expenditure data submitting in the SF-425, unless otherwise noted in the Notice of Award.

Top U.S. cancer institute in line for new leadership as director announces departure

The NCI director holds a position of unusual political prominence. Unlike the directors of NIH’s 26 other institutes, who are selected by the NIH director, the NCI chief must be hand-picked by the president. And whereas other institutes’ annual budgets go through the NIH director’s office, NCI submits an aspirational budget proposal directly to the president.

House Passes Bipartisan Marijuana Research Bill To Let Scientists Study Dispensary Products, Days After Legalization Vote

The Medical Marijuana Research Act, sponsored by the unlikely duo of pro-legalization Rep. Earl Blumenauer (D-OR) and prohibitionist Rep. Andy Harris (R-MD), passed the House in a 343-75 vote. “The cannabis laws in this country are broken, including those that deal with the medical research of marijuana,” Blumenauer said in a press release. “America’s growing cannabis industry operates without the benefit of a robust research program. Instead, we are outsourcing research to Israel, the United Kingdom, and Canada to our detriment.”

Response to NIH’s RFI on Suggestions on the Draft NIH Chief Officer for Scientific Workforce Diversity Strategic Plan for FY 2022-2026 (NOT-OD-22-061)

COGR appreciates the opportunity to provide feedback on the approaches NIH can take to

strengthen diversity, equity, inclusion, and accessibility (DEIA) across all NIH activities to achieve

the NIH mission. We also appreciate Dr. Maria Bernard’s recent participation at COGR’s March

1st meeting, where she shared NIH’s plans and activities in progress to strengthen DEIA. COGR

plays a vital role in advocating for change on this critical issue, and our member organizations are

moving in similar directions as the NIH.

Appeals court sees high bar to restoring federal contractor vaccine mandate

A federal appeals court in Atlanta acknowledges the Biden administration has felt the impact of contracting delays from the COVID-19 pandemic. But a three-judge panel from the U.S. Court of Appeals for the 11th Circuit says it remains unclear whether the Biden administration has the authority to impose a COVID-19 vaccine mandate on federal contractor employees. The administration told the court last Friday that federal contracting law gives the president broad authority to set the terms of the federal government’s contracts, including making sure contractors have enough healthy employees to complete their contracts with agencies on time. The judges,  however, repeatedly said during oral arguments that the federal government has a high bar to clear, in order for the court to overturn a lower court’s injunction barring the administration from enforcing the mandate.

Another Look at Applications Submitted During the Pandemic: Part 4

In posts from October 2021, June 2021,and July 2020, we looked at the distributions of gender, race, and ethnicity of designated principal investigators (PI’s) of R01 and RPG applications submitted before and after the onset of the COVID-19 pandemic. Since that time, we have paid close attention to the well-being of the extramural biomedical research workforce, in part through our survey of institutional leaders and scientists. Others have followed preprint postings, manuscript submissions, and publications, finding evidence of disproportionate effects. Here we add to these earlier analyses and look at NIH R01 and RPG application patterns for calendar dates May 8 through September 7 and September 8 through Jan 7 over the past 5 years.

National Advisory Committee on Racial, Ethnic, and Other Populations; Charter Renewal

The Census Bureau is publishing this notice to announce the renewal of the National Advisory Committee on Racial, Ethnic, and Other Populations (Committee or NAC). The purpose of the Committee is to provide advice to the Director of the Census Bureau on the full range of Census Bureau programs and activities, including the decennial census, demographic and economic statistical programs, field operations, and information technology. Additional information concerning the Committee can be found by visiting the Committee’s website at: http://www.census.gov/​cac.

Request for Nominations for the Science Advisory Board IRIS Hexavalent Chromium (Cr(VI)) Review Panel

The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office requests public nominations of scientific experts to form a Panel to review the draft EPA Integrated Risk Information System (IRIS) Toxicological Review of Hexavalent Chromium (Cr(VI)). EPA’s draft assessment includes a hazard identification analysis, which summarizes the chemical properties, toxicokinetics, and health effects associated exposure, and dose-response analysis, which characterizes the quantitative relationship between chemical exposure and each credible health hazard. These quantitative relationships are then used to derive cancer and non-cancer toxicity values (e.g., inhalation unit risk, oral slope factor, reference concentration, reference dose). The SAB Hexavalent Chromium Review Panel will consider whether the conclusions found in the EPA’s draft assessment are clearly presented and scientifically supported. The Panel will also be asked to provide recommendations on how the assessment may be strengthened.

Comments Due: 5/4/2022

Solicitation of Nominations for Membership on the Treasury Advisory Committee on Racial Equity

The Treasury Department is soliciting nominations for membership on the Treasury Advisory Committee on Racial Equity (TACRE). The TACRE is composed of up to 25 members who will provide information, advice and recommendations to the Department of the Treasury on matters relating to the advancement of racial equity. This notice extends the process for applying for membership on the Committee until April 25th, 2022.

Comments Due: 4/25/2022

Solicitation of Nominations for Appointment to the Advisory Committee on Former Prisoners of War

The Department of Veterans Affairs (VA) is seeking nominations of qualified candidates to be considered for appointment to the Advisory Committee (Committee) on Former Prisoners of War (FPOW).

Comments Due: 6/2/2022

2021 Compliance Supplement Addenda 1 & 2 and Technical Update

The 2021 Addendum 1 serves as a complement to the 2021 Compliance Supplement published on August 13, 2021 (FR Doc. 2021-17363) and applies to fiscal year audits beginning after June 30, 2020. It added two programs funded by the American Rescue Plan Act (ARP) to Part 4 of the Compliance Supplement: (1) Treasury’s Coronavirus State and Local Fiscal Recovery Funds (assistance listing number 21.027) and (2) Education’s Education Stabilization Fund (assistance listing number 84.425). For audits with report dates prior to the issuance of these guidance, auditors are not required to go back retroactively to review these two programs based on the newly issued guidance. The 2021 Addendum 2 serves as a complement to the 2021 Compliance Supplement published on August 13, 2021 (FR Doc. 2021-17363) and applies to fiscal year audits beginning after June 30, 2020. It includes 7 programs. The 2021 Compliance Supplement Technical Update document provides an update for two programs that were included with the 2021 Compliance Supplement (issued on August 13, 2021 – FR Doc. 2021-17363) and Addendum 1 (issued on December 3, 2021 – FR Doc. 2021-26238). The two programs are: (1) the Department of Health and Human Services Assistance Listing 93.498 – Provider Relief Fund and (2) Treasury Assistance Listing 21.027 – Coronavirus State and Local Fiscal Recovery Funds. It also provides an update to Part 8 Appendix VII to add the alternative compliance examination engagement in accordance with the Government Accountability Office’s Government Auditing Standards for eligible recipients of the SLFRF.

Scientific Integrity: HHS Agencies Need to Develop Procedures and Train Staff on Reporting and Addressing Political Interference

The four agencies GAO reviewed do not have procedures that define political interference in scientific decision-making or describe how it should be reported and addressed. These agencies within the Department of Health and Human Services (HHS) are: the Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), the National Institutes of Health (NIH), and the Office of the Assistant Secretary for Preparedness and Response (ASPR).

Reducing Administrative Burden in Laboratory Animal Research: What Have We Done Recently and What’s Coming…

The 21st Century Cures Act called for NIH to collaborate with the U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) to reduce administrative burdens associated with laboratory animal research programs, while maintaining high standards of animal welfare as well as the integrity and credibility of the research. We jointly released a final report in 2019 outlining steps to accomplish this goal, and have since worked together to implement many of the recommendations. We wanted to take this opportunity today to share some of NIH’s progress and how you can remain involved.

New Resources on Fighting Sexual Harassment

The National Academies of Sciences, Engineering and Medicine’s Action Collaborative on Preventing Sexual Harassment in Higher Education on Wednesday released three reports regarding preventing sexual harassment and mitigating the damage it causes. The first paper, “Applying Procedural Justice to Sexual Harassment Policies, Processes, and Practice,” looks at how a procedural justice framework could help higher education better deal with harassment.

The other papers look at innovative policies that two institutions adopted to fight higher education’s “pass-the-harasser” problem. Those latter papers look at the University of California, Davis, and the University of Wisconsin system. (The Wisconsin system adopted information sharing between campuses and state agencies on potential hires in 2018.)

Policy Update – March 2022

Policies
Posting Date Department Contact Name Effective Date Summary
New Policies
3/2/2022 Division of Strategic Communications Kyle Fondren Web Policy 3/2/2022 The University of Alabama seeks to ensure all official University websites and web resources align with the University’s identity standards and strategic goals; provide a consistent navigation and user experience for all; and comply with all applicable UA, state and federal requirements.

Compliance Alert – March 2022

Legislative Updates

HB46: This bill would establish the State Seal of Biliteracy program to recognize graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English, and would provide for the seal to be awarded to the graduate by the State Department of Education. Last Action:  2022-03-17 – Forwarded to Executive Department

HB138: Appropriations, supplemental appropriations, from the Education Trust Fund to various agencies and entities for the fiscal year ending September 30, 2022. Last Action: 2022-03-10 – Read for the first time and referred to the Senate committee on Finance and Taxation Education

HB267: Appropriations, supplemental appropriations for fiscal year ending September 30, 2022, from the Education Trust Fund Advancement and Technology Fund to various school systems and colleges and universities, and other entities. Last Action: 2022-03-10 – Read for the first time and referred to the Senate committee on Finance and Taxation Education.

HB312: Education and training, divisive concepts, prohibits teaching of the concepts under certain circumstances, allows teaching of the concepts in public institutions of higher education as long as assent to the concept is not compelled.  Last Action: 2022-03-17 – Read for the first time and referred to the Senate committee on Governmental Affairs

HB307: Education, issuance of professional educator certificate to individuals completing approved alternative teacher preparation programs, Sec. 16-23-3.01 added; Sec. 16-23-3 am’d. Last Action: 2022-03-17

HB395: Alcoholic beverage licenses, Hospitality Management Program license created at certain state universities, activities under license authorized. Last Action: 2022-03-17 – Pending third reading on day 24 Favorable from Judiciary

SB292: Education and training, divisive concepts, prohibits teaching of the concepts under certain circumstances, allows teaching of the concepts in public institutions of higher education as long as assent to the concept is not compelled. Last Action: Introduced on March 3, 2022

SB313: Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures. Status: Last Action: 2022-03-17 – Fiscal Responsibility and Economic Development first Substitute Offered

HB135: Education budget, appropriations for the support, maintenance, and development of public education. This bill makes appropriations for the support, maintenance, and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2023. Last Action: 2022-03-08 – Engrossed

SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-36-60, 16-36-60.1, 16-36-65 am’d. Last Action:  2022-03-03 – Assigned Act No. 2022-80.

SB119: Colleges and Universities, Alabama G.I. and Dependents’ Educational Benefit Act, use of scholarship benefits at 2 year or 4 year public or private institutions of higher education physically located in state provided, Sec. 31-6-8 repealed; Secs. 31-6-2, 31-6-2.1, 31-6-3, 31-6-4, 31-6-5, 31-6-6, 31-6-9, 31-6-11, 31-6-12, 31-6-13, 31-6-14, 31-6-15, 31-6-15.1, 31-6-16 am’d. Last Action: 2022-03-01 – Assigned Act No. 2022-91.

Final Rules

Defense Federal Acquisition Regulation Supplement: Exception to Competition for Certain Follow-On Production Contracts (DFARS Case 2019-D031)

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that modifies the criteria required to exempt from competition certain follow-on production contracts.

Federal Agency: Defense Acquisition Regulations System, Department of Defense (DoD)

Affected Area: Procurement

Chlorpyrifos; Final Order Denying Objections, Requests for Hearings, and Requests for a Stay of the August 2021 Tolerance Final Rule

In response to EPA’s August 2021 final rule revoking all tolerances for the insecticide chlorpyrifos under the Federal Food, Drug, and Cosmetic Act (FFDCA), several objections, hearing requests, and requests for stay were filed by numerous parties representing a wide variety of growers and pesticide users. In this Order, EPA denies all objections to, requests for hearing on those objections, as well as requests for stay of the final rule.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

New Animal Drugs; Approval of New Animal Drug Applications; Withdrawal of Approval of a New Animal Drug Application; Change of Sponsor

The Food and Drug Administration (FDA or we) is amending the animal drug regulations to reflect application-related actions for new animal drug applications (NADAs), abbreviated new animal drug applications (ANADAs), and a conditionally approved new animal drug application (cNADA) during July, August, and September 2021. FDA is informing the public of the availability of summaries of the basis of approval and of environmental review documents, where applicable. The animal drug regulations are also being amended to improve the accuracy of the regulations.

Federal Agency: Food and Drug Administration, HHS

Affected Area: ORED, Animal Care

Russian Harmful Foreign Activities Sanctions Regulations

The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adding regulations to implement an April 15, 2021 Russia-related Executive order. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive guidance and definitions, general licenses, and other regulatory provisions.

Federal Agency: Office of Foreign Assets Control, Treasury

Affected Area: ORED

Federal Acquisition Regulation: Amendments to the FAR Buy American Act Requirements

This rule increases the domestic content threshold initially from 55 percent to 60 percent, then to 65 percent in calendar year 2024 and to 75 percent in calendar year 2029. See FAR 25.101(a)(2)(i) and 25.201(b)(2)(i). The initial increase to 60 percent will occur several months from publication of the final rule, to allow industry time to plan for the new threshold and to provide workforce training on the new fallback threshold. The increase of the domestic content threshold ultimately to 75 percent is consistent with the Infrastructure Investment and Jobs Act (Pub. L. 117-58) (IIJA) which was enacted on November 15, 2021. Section 70921 of this statute includes a “sense of Congress” that the FAR be amended to increase the domestic content requirements for domestic end products and domestic construction material to 75 percent.

Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Procurement

Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate (3:1); Further Compliance Date Extension

The Environmental Protection Agency (EPA) is amending the regulations applicable to phenol, isopropylated phosphate (3:1) (PIP (3:1)) promulgated under the Toxic Substances Control Act (TSCA). Specifically, EPA is extending the compliance date applicable to the prohibition on processing and distribution in commerce of certain PIP (3:1)-containing articles, and the PIP (3:1) used to make those articles, until October 31, 2024, along with the compliance date for the associated recordkeeping requirements for manufacturers, processors, and distributors of PIP (3:1)-containing articles. This final rule follows issuance of a proposed rule for public comment on October 28, 2021; comments on the proposed rule are responded to in this action.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Standards and Practices for All Appropriate Inquiries

EPA is taking direct final action to amend the Standards and Practices for All Appropriate Inquiries to reference a standard practice recently made available by ASTM International, a widely recognized standards developing organization. Specifically, this direct final rule amends the All Appropriate Inquiries Rule to reference ASTM International’s E1527-21 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” and allow for its use to satisfy the requirements for conducting all appropriate inquiries under the Comprehensive Environmental Response, Compensation and Liability Act.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS, Land Management

Comments Due: 4/13/2022

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

The Department of Energy (DOE) publishes a final rule to make technical and administrative changes as a result of the Office of Management and Budget (OMB) revisions to its regulations on Grants and Agreements. The changes are required in order to align DOE’s regulations with the revised OMB regulations and to remove reference to an expired statutory cost share pilot program. The final rule also makes technical changes to correct pre-existing numbering errors in the regulatory text.

Federal Agency: Office of Management, U.S. Department of Energy

Affected Area: Grant Accounting

Proposed Rules

Updating the Davis-Bacon and Related Acts Regulations

The Department of Labor (Department) proposes to amend regulations issued under the Davis-Bacon and Related Acts that set forth rules for the administration and enforcement of the Davis-Bacon labor standards that apply to Federal and federally assisted construction projects. As the first comprehensive regulatory review in nearly 40 years, the Department believes that revisions to these regulations are needed to provide greater clarity and enhance their usefulness in the modern economy.

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: Construction Administration, Procurement

Comments Due: 5/17/2022

National Priorities List

The Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA” or “the Act”), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (“NCP”) include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (“NPL”) constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (“EPA” or “the agency”) in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add five sites to the General Superfund section of the NPL. This document also withdraws a previous proposal for NPL addition.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 5/17/2022

OFCCP Announces Proposed Rule for Modifying Procedures to Identify and Remedy Discrimination in Federal Contracting

To promote the efficient and effective enforcement of laws and regulations applicable to Federal contractors and subcontractors, the Office of Federal Contract Compliance Programs (OFCCP) proposes to modify regulations that delineate procedures and standards the agency follows when issuing pre-enforcement notices and securing compliance through conciliation. This proposal would support OFCCP in fulfilling its mission to ensure equal employment opportunity.

Federal Agency: Department of Labor

Affected Area: EEO, Compliance, Legal and HR

Comments Due: 4/21/2022

Notices

Agency Information Collection Activities; Comment Request; Transition and Postsecondary Programs for Students With Intellectual Disabilities (TPSID) Evaluation Protocol

In October 2020, the Institute for Community Inclusion (ICI), UMass Boston received a five-year cooperative agreement from the Office of Postsecondary Education to serve as the National Coordinating Center (NCC) for colleges and universities implementing inclusive higher education programs for students with intellectual disabilities, including 22 newly-funded model demonstration projects aimed at creating inclusive comprehensive transition and postsecondary programs for students with intellectual disabilities known as Transition and Postsecondary Programs for Students with Intellectual Disabilities (TPSIDs). To reduce respondent burden, the NCC has streamlined and simplified the previously approved evaluation system for the TPSID programs. The NCC will enhance the collection and analyses of longitudinal follow-up data from the new 22 TPSID model programs via an already developed and previously OMB approved evaluation system for the TPSID programs. The revised data collection system is part of an evaluation effort. The system will collect program data at the institutions from TPSID program staff via an online, secure data management system.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Affected Area: Office of Disability Services

Comments Due: 5/3/2022

Agency Information Collection Activities; Comment Request; Transition and Postsecondary Programs for Students With Intellectual Disabilities (TPSID) Evaluation Protocol

In October 2020, the Institute for Community Inclusion (ICI), UMass Boston received a five-year cooperative agreement from the Office of Postsecondary Education to serve as the National Coordinating Center (NCC) for colleges and universities implementing inclusive higher education programs for students with intellectual disabilities, including 22 newly-funded model demonstration projects aimed at creating inclusive comprehensive transition and postsecondary programs for students with intellectual disabilities known as Transition and Postsecondary Programs for Students with Intellectual Disabilities (TPSIDs). To reduce respondent burden, the NCC has streamlined and simplified the previously approved evaluation system for the TPSID programs. The NCC will enhance the collection and analyses of longitudinal follow-up data from the new 22 TPSID model programs via an already developed and previously OMB approved evaluation system for the TPSID programs. The revised data collection system is part of an evaluation effort. The system will collect program data at the institutions from TPSID program staff via an online, secure data management system.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Affected Area: Office of Disability Services

Comments Due: 5/3/2022

Certain New Chemicals; Receipt and Status Information for January 2022

EPA is required under the Toxic Substances Control Act (TSCA) to make certain information publicly available and to publish information in the Federal Register pertaining to submissions, including notice of receipt of a Premanufacture notice (PMN), Significant New Use Notice (SNUN) or Microbial Commercial Activity Notice (MCAN), including an amended notice or test information; an exemption application (Biotech exemption); an application for a test marketing exemption (TME), both pending and/or concluded; a notice of commencement (NOC) of manufacture (including import) for new chemical substances; and a periodic status report on new chemical substances that are currently under EPA review or have recently concluded review. This document covers the period from 01/01/2022 to 01/31/2022.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/30/2022

Agency Information Collection Activities; Proposed Collection; Comment Request; New Animal Drug Applications and Veterinary Master Files

The Food and Drug Administration (FDA, Agency, or we) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the collection of information associated with new animal drug applications and veterinary master files.

Federal Agency: Food and Drug Administration, HHS

Affected Area: ORED, Animal Care

Construction Standards on Posting Emergency Telephone Numbers and Floor Load Limits; Extension of the Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements

OSHA solicits public comments concerning the proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Construction Standards on Posting Emergency Telephone Numbers and Maximum Safe Floor Load Limits.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: Campus Development, Construction Administration

Comments Due: 5/2/2022

Agency Information Collection Activities; Proposed Renewal and Request for Comment; Consolidation of Certain Reporting and Recordkeeping Under Section 8 of the Toxic Substances Control Act (TSCA)

In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit a request to renew and consolidate existing approved Information Collection Requests (ICRs) to the Office of Management and Budget (OMB). Before submitting the consolidated ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The consolidated ICR is entitled: “Reporting and Recordkeeping Under Section 8 of the Toxic Substances Control Act (TSCA)” and is identified under EPA ICR No. 2703.01 and OMB Control No. 2070-[NEW]. EPA is consolidating several ICRs covering reporting and recordkeeping activities under TSCA Section 8 to streamline the presentation of the paperwork burden estimates for these various activities and eliminate any duplication, which will in turn is expected to reduce the administrative burden for both the public reviewers and the Agency. The ICR and accompanying materials are available in the docket for public review and comment.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 5/9/2022

Release of Volumes 1 and 2 of the Integrated Review Plan for the Lead National Ambient Air Quality Standards

On or about March 4, 2022, the Environmental Protection Agency (EPA) is making available to the public, Volumes 1 and 2 of the

Integrated Review Plan for the Lead National Ambient Air Quality Standards

(IRP). The national ambient air quality standards (NAAQS) for lead (Pb) are set to protect the public health and the public welfare from Pb in ambient air. Volume 1 of the IRP contains contextual background material and the anticipated schedule for the current review of the air quality criteria and NAAQS for Pb. Volume 2 identifies policy-relevant issues in the review and describes key considerations in EPA’s development of the Integrated Science Assessment (ISA). The ISA provides the scientific basis for the EPA’s decisions, in conjunction with additional technical and policy assessments, for the review of the NAAQS, as described in the Clean Air Act, section 108(a).

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Applications for New Awards; Fulbright-Hays Faculty Research Abroad (FRA) Fellowship Program

The Department of Education (Department) is issuing a notice inviting applications (NIA) for fiscal year (FY) 2022 for the Fulbright-Hays Faculty Research Abroad (FRA) Fellowship Program, Assistance Listing Number 84.019A. This notice relates to the approved information collection under OMB control number 1840-0005.

Federal Agency: Department of Education

Affected Area: OAA, ORED

Agency Information Collection Activities; Comment Request; William D. Ford Federal Direct Loan Program (Direct Loan Program) Promissory Notes and Related Forms

The Direct Subsidized Loan and Direct Unsubsidized Loan Master Promissory Note (Subsidized/Unsubsidized MPN) serves as the means by which an individual agrees to repay a Direct Subsidized Loan and/or Direct Unsubsidized Loan. The Direct PLUS Loan Master Promissory Note (PLUS Loan MPN) serves as the means by which an individual applies for and agrees to repay a Direct PLUS Loan. If a Direct PLUS Loan applicant is determined to have an adverse credit history, the applicant may qualify for a Direct PLUS Loan by obtaining an endorser who does not have an adverse credit history. The Endorser Addendum serves as the means by which an endorser agrees to repay the Direct PLUS Loan if the borrower does not repay it. An MPN is a promissory note under which a borrower may receive loans for a single or multiple academic years. The MPN explains the terms and conditions of the loans that are made under the MPN.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Comments Due: 5/16/2022

Agency Information Collection Activities; Comment Request; Public Service Loan Forgiveness Reconsideration Request

The Department of Education (Department) is requesting an emergency clearance for a new information collection at the same time requesting a 60-day public comment period. This collection will be used to obtain information from federal student loan borrowers to determine eligibility for reconsideration of their Public Service Loan Forgiveness (PSLF) or Temporary Expanded Public Service Loan Forgiveness (TEPSLF) denial notification on the basis of payment counts or employer eligibility determinations pursuant to a settlement agreement between the Department and the American Federation of Teachers (ATF) which was signed on October 12, 2021. The settlement between the Department and the AFT requires that “as soon as practicable but no later than April 30, 2022, the Department will establish an interim reconsideration process that will be available to any borrower whose application for PSLF or TEPSLF has been or is denied”. In order to meet the requirements of this settlement, the Department must gather the information needed from the borrowers to reconsider their denial. This collection will allow for the collection and review of such reconsideration requests.

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 3/29/2022

Items of Interest

Comments to Request for Information on Proposed Updates and Long-Term Considerations for the NIH Genomic Data Sharing (NOT-OD-22-029)

COGR appreciates the opportunity to respond to the Request for Information on Proposed Updates and Long-Term Considerations for the NIH Genomic Data Sharing Policy (“GDS Policy”). COGR and its member institutions recognize the important role that timely and robust data sharing plays in both scientific advances and efforts to promote reproducibility and research integrity. Yet, we also appreciate that the sharing of data, particularly human genomic data, raises complex privacy and consent issues, and we commend NIH for seeing public input in this area.

Federal Agency: National Institutes of Health (NIH)

Affected Area: Privacy, Compliance OIT, ORED, UMC

Lawmakers plan March 8 vote on U.S. government funding

WASHINGTON, March 1 (Reuters) – Congress is expected to vote March 8 on a spending bill to fund U.S. government operations through the end of September, House Majority Leader Steny Hoyer said on Tuesday.

Biden Puts Biomedical Research at the Heart of His ‘Unity’ Plan

President Joe Biden’s spotlight on his cancer moonshot and a proposed new research entity in the State of the Union address Tuesday signals the White House’s reliance on biomedical innovation as a vehicle to advance bipartisan initiatives through Congress. Lawmakers told Bloomberg Government on Wednesday they’re hoping to fund a new medical research agency as part of a forthcoming FY 2022 spending bill, which must pass by March 11.

The Role Of Research At Universities: Why It Matters

Teaching and learning, research and discovery, synthesis and creativity, understanding and engagement, service and outreach. There are many “core elements” to the mission of a great university. Teaching would seem the most obvious, but for those outside of the university, “research” (taken to include scientific research, scholarship more broadly, as well as creative activity) may be the least well understood. This creates misunderstanding of how universities invest resources, especially those deriving from undergraduate tuition and state (or other public) support, and the misperception that those resources are being diverted away from what is believed should be the core (and sole) focus, teaching. This has led to a loss of trust, confidence, and willingness to continue to invest or otherwise support (especially our public) universities.

Inappropriate march-in actions would jeopardize public-private partnerships that make lifesaving medicines possible

For decades, partnerships among government-funded academic institutions and private companies in the United States have led to the discovery and development of innovative medicines that are improving, extending, and saving lives. My company’s treatment for advanced prostate cancer, Xtandi (enzalutamide), which emerged from a public-private collaboration, is an example of how this system works to benefit patients. Yet despite the clear health benefits and broad availability of Xtandi, some individuals and organizations want to use it as a test case for disrupting the technology transfer and medical innovation ecosystem that is the pathway to the treatments of tomorrow.

93 Academic Groups Oppose Measures Contrary to Academic Freedom

Ninety-three academic associations, led by the American Council on Education, have issued a joint statement opposing bills and other measures that would amount to “foreclosing evaluation of complex and challenging ideas.” The statement said, “Controversial and contentious topics deserve a place in the curriculum, but no matter how vigorous the classroom discussion, it should be respectful. Some campus speech is unacceptable, such as speech that violates the law, defames individuals, or threatens violence. Outside a few narrow exceptions, proposals to ban speech based on the idea expressed are not only constitutionally suspect but fundamentally at odds with the values of a free and open society.”

Cybersecurity for Government Contractors—2021 Update

The article looks at President Joe Biden’s May 12, 2021 Executive Order (EO), “Improving the Nation’s Cybersecurity,” which the authors note “seeks to harmonize, enhance, and extend existing cyber and supply chain security requirements across the government while operationalizing several new programs and frameworks to address existing and emerging threats.”

U of North Carolina’s Head of Research Cited for Research Misconduct

The vice chancellor for research at the University of North Carolina at Chapel Hill engaged in research misconduct when he plagiarized in his application for a federal grant for cancer research, according to a recent report from the federal Office of Research Integrity.

Congress poised to boost U.S. science funding, launch new health agency

U.S. research agencies would get budget boosts of roughly 5% this year under a final 2022 spending bill that congressional leaders unveiled early today and hope to pass in the next few days. But those amounts fall far short of aspirational funding levels for several science agencies that Congress is weighing under separate legislation now being negotiated.

Medical Research Funding Survives as Democrats Cut Covid Money

President Joe Biden’s proposed new biomedical research entity would receive $1 billion under the congressional spending plan released Wednesday. The research funding survived a last-minute cut of $15 billion for Covid testing and treatment supplies. The Senate expects to finalize the spending bill (H.R. 2471) next week. The current funding law expires Friday but the House is expected to pass a four-day stopgap to avoid a government shutdown and give the Senate time to deal with the omnibus legislation. The money for the Advanced Research Projects Agency for Health, or ARPA-H, comes almost a year after Biden first asked for $6.5 billion to fund the new entity over three years. The funding also comes about a week after Biden called on Congress to fund ARPA-H in his State of the Union address.

Everyone’ must prepare for university cyberattacks, says FBI agent

Colleges and universities, which manage federal research data in addition to the personal and financial information of students and staff, continue to face a barrage of ransomware and other cyberattacks, which often disrupt operations. Part of smoothing the response process involves determining an institution’s risk tolerance, which requires input from many offices and departments, said Kim Milford, executive director of the Research and Education Networks Information Sharing and Analysis Center. For example, chief financial officers should be involved in whether universities pay ransoms, she said.

Hunting and Wildlife Conservation Council; Call for Nominations; Extension

The Secretary of the Interior and the Director of the U.S. Fish and Wildlife Service seek nominations for membership on the Hunting and Wildlife Conservation Council (Council). This is a 15-day extension of the call for nominations published in the Federal Register on February 18, 2022.

Comments Due: 4/1/2022

Request for Nominations of Candidates for the National Environmental Education Advisory Council (NEEAC)

The U.S. Environmental Protection Agency (EPA or Agency Office of Public Engagement and Environmental Education is soliciting applications for environmental education professionals for consideration to serve on the National Environmental Education Advisory Council (NEEAC). There are multiple vacancies on the Advisory Council that must be filled. Additional avenues and resources may be utilized in the solicitation of applications. “In accordance with Executive Order 14035 (June 25, 2021), EPA values and welcomes opportunities to increase diversity, equity, inclusion and accessibility on its federal advisory committees. EPA’s federal advisory committees have a workforce that reflects the diversity of the American people.”

Comments Due: 4/13/2022

Ensuring Responsible Development of Digital Assets

While many activities involving digital assets are within the scope of existing domestic laws and regulations, an area where the United States has been a global leader, growing development and adoption of digital assets and related innovations, as well as inconsistent controls to defend against certain key risks, necessitate an evolution and alignment of the United States Government approach to digital assets. The United States has an interest in responsible financial innovation, expanding access to safe and affordable financial services, and reducing the cost of domestic and cross-border funds transfers and payments, including through the continued modernization of public payment systems. We must take strong steps to reduce the risks that digital assets could pose to consumers, investors, and business protections; financial stability and financial system integrity; combating and preventing crime and illicit finance; national security; the ability to exercise human rights; financial inclusion and equity; and climate change and pollution.

Rep. Jim Banks introduces bill to increase American universities’ transparency regarding foreign gifts

Rep. Jim Banks, R-Ind., introduced a bill Friday that would force American universities to be more transparent about foreign gifts and contracts. The Education Department in 2019 and 2020 began cracking down on schools’ acceptance of foreign gifts under Section 117 of the Higher Education Act in an effort to track the scope of money from countries like China and Qatar in the U.S. education system. That changed when President Biden took office. U.S. schools reported $1.6 billion in foreign gifts between July 1, 2020, and Jan. 20, 2021. Between Jan. 20, 2021 and November 2021, however, schools reported just $4.3 million in gifts over a longer time period, prompting questions from lawmakers about reporting requirements.

Policy Alert – February 2022

Posting Date Department Contact Name Effective Date Summary
New Policies
2/2/2022 Associate Vice President for Advancement Services and Assistant Vice President for Research Administration Kevin Nunnally/Jennifer Camp Distinguishing Sponsored Projects from Charitable Gifts Policy 2/2/2022 This policy is intended to facilitate the appropriate classification of charitable gifts versus sponsored projects and to ensure that external funding directed to the University receives the proper compliance review, administrative oversight, and monitoring.

Compliance Alert – February 2022

Legislative Updates

HB9: Labor, prohibits state and political subdivisions from teaching divisive concepts relating to race or sex in training, prohibits same for state contractors, Dept. of Labor to review state agency training programs. Last Action: 2022-01-11, Read for the first time and referred to the House of Representatives committee on State Government.  Hearing not yet specified.

HB46: This bill would establish the State Seal of Biliteracy program to recognize graduates who have attained a high level of proficiency in speaking, reading, and writing in one or more languages in addition to English, and would provide for the seal to be awarded to the graduate by the State Department of Education. Last Action: 2022-02-03, to House Education Policy committee, Hearing February 16 @ 1:30

HB83: Education, Prepaid Affordable College Tuition Program board, may meet electronically, Sec. 16-33C-4.1 am’d. Last Action: 2022-02-09, Pending third reading on day 9 Favorable from State Government. Hearing not yet specified.

HB125: Colleges and universities, local boards of education, schools prohibited from using public funds to advocate for or against ballot measures. Last Action: 2022-02-09, State Government first Amendment Offered, hearing not yet specified.

HB134: Teachers Retirement System, 30-year service retirement, member contribution rate increased, Secs. 16-25-14, 16-25-21 am’d.N. This bill would modify the retirement benefits for Tier II plan members of the Teachers’ Retirement System by providing 30-year service 11 retirement. This bill would also increase the member contribution rate. Last Action: 2022-02-03, Read for the first time and referred to the Senate committee on Finance and Taxation Education. Hearing not specified.

HB135: Education budget, appropriations for the support, maintenance, and development of public education. This bill makes appropriations for the support, maintenance, and development of public education in Alabama, for debt service, and for capital outlay for the fiscal year ending September 30, 2023. Last Action: 2022-01-13, to House Ways and Means Education Committee, Hearing not specified.

SB7: Labor, prohibits state and political subdivisions from teaching divisive concepts relating to race or sex in training, prohibits same for state contractors, Dept. of Labor to review state agency training programs. Last Action: 2022-01-11, Read for the first time and referred to the Senate committee on Governmental Affairs. Hearing not yet specified.

SB15: State Textbook Committee, publishers permitted to provide standards correlation evidence to State Dept. of Education, State Superintendent of Education to convene other instructional materials review committees to review and rate materials and to establish evaluation criteria, Sec. 16-36-73 added; Secs. 16-36-60, 16-36-60.1, 16-36-65 am’d. Last Action: 2022-02-10, Read for the first time and referred to the House of Representatives committee on Education Policy. Hearing February 16 @ 1:30

SB18: Deferred compensation plans, portion of income exempt from income tax, Sec. 40-18-19 am’d. Last Action: 2022-01-18, to Senate Finance and Taxation Education Committee, hearing not yet specified.

Final Rules


Thiabendazole; Pesticide Tolerances; Technical Correction

EPA issued a final rule in the Federal Register of August 30, 2021, establishing tolerances for residues of thiabendazole in or on multiple commodities requested by the Interregional Research Project Number 4 (IR-4) under the Federal Food, Drug, and Cosmetic Act (FFDCA). That document inadvertently instructed the Federal Register to remove four tolerances that should have been revised and to delete two footnotes concerning other tolerances. This document corrects the final regulation. As a housekeeping measure, it also removes two tolerances that expired in 2017.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Grants Regulation; Removal of Non-Discrimination Provisions and Repromulgation of Administrative Provisions Under the Uniform Grant Regulation

The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21-cv-00308 (DDC Feb. 2, 2021), has postponed the effectiveness of portions of the final rulemaking amendments to the Uniform Administrative Requirements, promulgated on January 12, 2021. Those provisions are now effective April 18, 2022.

Federal Agency: Assistant Secretary for Financial Resources (ASFR), Health and Human Services (HHS or the Department)

Affected Area: OSP, ORED, Grant Accounting

 COVID-19 Vaccination and Testing; Emergency Temporary Standard

OSHA is withdrawing the November 5, 2021, emergency temporary standard (ETS) which was issued to protect unvaccinated employees of large employers (100 or more employees) from the risk of contracting COVID-19 by strongly encouraging vaccination.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Affected Area: HR

 Poly(oxy-1,2-ethanediyl)-α-hydro-ω-hydroxy-, Polymer With Poly(isocyanatoalkyl) Benzene, Alkylol-Blocked; Tolerance Exemption

This regulation establishes an exemption from the requirement of a tolerance for residues of Poly(oxy-1,2-ethanediyl)-α-hydro-ω-hydroxy-, polymer with poly(isocyanatoalkyl) benzene, alkylol-blocked when used as an inert ingredient in a pesticide chemical formulation. BYK USA Inc. submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Poly(oxy-1,2-ethanediyl)-α-hydro-ω-hydroxy-, polymer with poly(isocyanatoalkyl) benzene, alkylol-blocked on food or feed commodities.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

2-Isobutyl-2-methyl-1,3-dioxolane-4-methanol; Exemption From the Requirement of a Tolerance

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-isobutyl-2-methyl-1,3-dioxolane-4-methanol (CAS Reg. No. 5660-53-7) when used as an inert ingredient (solvent/cosolvent) on growing crops and raw agricultural commodities after harvest, and in antimicrobial formulations applied to food-contact surfaces in public eating places, dairy-processing equipment, and food-processing equipment and utensils. SciReg, Inc., on behalf of Solvay USA Inc., submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-isobutyl-2-methyl-1,3-dioxolane-4-methanol, when used in accordance with the terms of those exemptions.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Proposed Rules

Pesticides; Certification of Pesticide Applicators; Further Extension to Expiration Date of Certification Plans

The Environmental Protection Agency (EPA) is proposing to extend the deadline by which Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of restricted use pesticides (RUPs) up to but not longer than November 4, 2024. Federal, State, territory, and tribal certifying authorities with existing certification plans are required to revise their existing certification plans to conform with the updated Federal standards for the certification of applicators of RUPs and the regulations established the deadline by which the existing plans are set to expire unless the revised plans are approved by the Agency. EPA is proposing this extension to allow additional time for proposed certification plan modifications to continue being reviewed and approved by EPA without interruption to Federal, State, territory, and tribal certification programs or to those who are certified to use RUPs under those programs.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/9/2022

Notices

Submission for OMB Review; Certain Federal Acquisition Regulation Part 4 Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 4 requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Research and Economic Development

Comments Due: 2/28/2022

Submission for OMB Review; Certain Federal Acquisition Regulation Part 4 Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 4 requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Research and Economic Development

Comments Due: 2/28/2022

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Community Right-to-Know Reporting Requirements Under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (Renewal)

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Community Right-to-Know Reporting Requirements under Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act (EPA ICR Number 1352.16, OMB Control Number 2050-0072) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through March 31, 2022. Public comments were previously requested via the Federal Register on August 20, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Federal Agency: Environmental Protection Agency

Affected Area: EHS

Comments Due: 2/28/2022

Certain New Chemicals or Significant New Uses; Statements of Findings for December 2021

The Toxic Substances Control Act (TSCA) requires the Environmental Protection Agency (EPA) to publish in the Federal Register a statement of its findings after its review of certain TSCA notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. Such statements apply to premanufacture notices (PMNs), microbial commercial activity notices (MCANs), and significant new use notices (SNUNs) submitted to EPA under TSCA. This document presents statements of findings made by EPA on such submissions during the period from December 1, 2021 to December 31, 2021.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2022-23 Award Year Deadline Dates

The Secretary announces the 2022-23 award year deadline dates for the submission of requests and documents from postsecondary institutions for the Federal Perkins Loan (Perkins Loan) Program, Federal Work-Study (FWS), and Federal Supplemental Educational Opportunity Grant (FSEOG) programs (collectively, the “Campus-Based programs”), Assistance Listing Numbers 84.038, 84.033, and 84.007.

Federal Agency: Federal Student Aid, Department of Education

Affected Area: Student Financial Aid

 Applications for New Awards; Supplemental Support Under the American Rescue Plan

The Department of Education (Department) is issuing a notice announcing the availability of funds and the application deadline for new grants to institutions of higher education under the Higher Education Emergency Relief Fund (HEERF or HEERF III), Supplemental Support under the American Rescue Plan (SSARP) program, Assistance Listing Number (ALN) 84.425T. The SSARP program supports institutions of higher education (IHEs or institutions) with the greatest unmet needs related to the novel coronavirus 2019 pandemic (coronavirus or COVID-19).

Federal Agency: Office of Postsecondary Education, Department of Education

Affected Area: Sponsored Programs, Student Financial Aid, Compliance, Student Account Services

Availability of the Draft IRIS Toxicological Review of Perfluorohexanoic Acid (PFHxA) and Related Salts

The Environmental Protection Agency (EPA) is announcing a 60-day public comment period associated with release of the draft Integrated Risk Information System (IRIS) Toxicological Review of Perfluorohexanoic Acid (PFHxA) and Related Salts. The draft document was prepared by the Center for Public Health and Environmental Assessment (CPHEA) within EPA’s Office of Research and Development (ORD). EPA is releasing this draft IRIS assessment for public comment in advance of an independent external peer review organized by ERG, a contractor to EPA. The external peer reviewers will be provided with all written comments submitted in response to this notice for their consideration as they conduct their review. To receive future notification about the peer review, sign up for EPA’s IRIS listserv, as described in this notice. EPA will consider all comments received when revising the document post-peer review. This draft assessment is not final as described in EPA’s information quality guidelines, and it does not represent, and should not be construed to represent Agency policy or views.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Pesticide Registration Review; Pesticide Dockets Opened for Review and Comment; Notice of Availability

This notice announces the availability of the EPA’s preliminary work plans for the following chemicals: Cyflufenamid, fluopyram, and pyroxasulfone. With this document, the EPA is opening the public comment period for registration review for these chemicals.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Pesticide Registration Review; Interim Decisions and Case Closures for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s interim registration review decisions for the following chemicals: Amitraz, cinnamaldehyde, farnesol and nerolidol, fenbuconazole, isoxaflutole, mesotrione, metaldehyde, nosema locustae, rotenone, sodium cyanide, sodium fluoroacetate, spiromesifen, tembotrione, topramezone, and ulocladium oudemansii (U3 Strain).

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

 Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide Registrations and Amend Registrations To Terminate Certain Uses

In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by the registrants to voluntarily cancel their registrations of certain products and to amend their product registrations to terminate one or more uses. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registrations have been cancelled and uses terminated, only if such sale, distribution, or use is consistent with the terms as described in the final order.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/3/2022

Pesticide Registration Review; Interim Decisions and Final Decision for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s interim registration review decisions for the following chemicals: Creosote; and chromated arsenicals and dichromic acid, disodium salt, dehydrate. In addition, it announces the final registration review decision for pentachlorophenol.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Pesticide Registration Review; Draft Human Health and/or Ecological Risk Assessments for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s draft human health and/or ecological risk assessments for the registration review of 1,3-Propanediamine, N-(3-aminopropyl)-N-dodecyl- (1,3-PAD).

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Pesticide Registration Review; Proposed Interim Decisions for Several Pesticides; Notice of Availability

This notice announces the availability of EPA’s proposed interim registration review decisions and opens a 60-day public comment period on the proposed interim decisions for the following pesticides: Dimethoxane; ferbam; iprodione; laminarin; linalool; thiram; and ziram.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/4/2022

Notice of the Establishment of the Cyber Safety Review Board

The Secretary of Homeland Security (Secretary), in consultation with the Attorney General, is establishing the Cyber Safety Review Board (CSRB) as directed by the Executive Order titled, Improving the Nation’s Cybersecurity, and pursuant to the Homeland Security Act of 2002. DHS is announcing the establishment of the CSRB, a new review board, for public awareness.

Federal Agency: Department of Homeland Security (DHS), Cybersecurity and Infrastructure Security Agency (CISA)

Affected Area: OIT

Agency Information Collection Activities; Proposed Renewal of Currently Approved Collection and Request for Comment; Notification of Substantial Risk of Injury to Health and the Environment Under the Toxic Substances Control Act (TSCA)

In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on the following Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): “Notification of Substantial Risk of Injury to Health and the Environment under the Toxic Substances Control Act (TSCA)” and identified by EPA ICR No. 0794.17 and OMB Control No. 2070-0046. This ICR represents the renewal of an existing ICR that is currently approved through October 31, 2022. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection activities and burden estimates that are summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 4/11/20222

Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos; Draft Scope of the Risk Evaluation To Be Conducted Under the Toxic Substances Control Act (TSCA); Extension of Comment Period

In the Federal Register of December 29, 2021, EPA announced the availability of and solicited public comment on the draft scope of a risk evaluation under the Toxic Substances Control Act (TSCA) for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos. This document extends the comment period for 15 days from February 14, 2022, to March 1, 2022.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/1/2022

Comment Request; Information Collections: Requests To Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA). This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Wage and Hour Division is soliciting comments concerning its proposal to extend Office of Management and Budget (OMB) approval of the Information Collection: Requests to Approve Conformed Wage Classifications and Unconventional Fringe Benefit Plans Under the Davis-Bacon and Related Acts and Contract Work Hours and Safety Standards Act. A copy of the proposed information request can be obtained by contacting the office listed below in the FOR FURTHER INFORMATION CONTACT section of this Notice

Federal Agency: Wage and Hour Division, Department of Labor

Affected Area: Construction Administration

Comments Due: 4/8/2022

Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs; 2022-23 Award Year Deadline Dates

In notice document 2022-01897 beginning on page 4871 in the issue of Monday, January 31, 2022, make the following correction:

On page 4872, in the table, under the heading “What is the deadline for submission?”, entry five should read “Tuesday, November 1, 2022.”.

Federal Agency: Department of Education

Affected Area: Student Financial Aid

Submission for OMB Review; Certain Federal Acquisition Regulation Part 9 Requirements

Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division has submitted to the Office of Management and Budget (OMB) a request to review and approve a revision of a previously approved information collection requirement regarding certain Federal Acquisition Regulation (FAR) part 9 requirements.

Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)

Affected Area: Research and Economic Development

Comments Due: 3/21/2022

National Fall Safety Stand-Down To Prevent Falls in Construction; Office of Management and Budget’s (OMB) Approval of Information Collection (Paperwork) Requirements

OSHA solicits public comments concerning the proposal to the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the National Fall Safety Stand-Down to Prevent Falls in Construction.

Federal Agency: Occupational Safety and Health Administration, Labor

Affected Area: Construction Administration

Comments Due: 4/18/2022

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Occupational Safety and Health Act Variance Regulations

Sections 6(b)6(A), 6(b)6(B), 6(b)6(C), 6(d), and 16 of the OSH Act, and 29 CFR 1905.10, 1905.11, and 1905.12, specify the procedures that employers must follow to apply for a variance from the requirements of an OSHA standard. OSHA uses the information collected under these procedures to: (1) Evaluate the employer’s claim that the alternative means of compliance would provide Start Printed Page 9387 affected employees with the requisite level of health and safety protection; (2) assess the technical feasibility of the alternative means of compliance; (3) determine that the employer properly notified affected employees of the variance application and their right to a hearing; and (4) verify that the application contains the administrative information required by the applicable variance regulation. For additional substantive information about this ICR, see the related notice published in the Federal Register on November 10, 2021 (86 FR 62569

Federal Agency: Department of Labor

Affected Area: EHS, Construction Administration

Comments Due: 3/21/2022

Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Trade Secrets Claims for Community Right-to-Know and Emergency Planning (Renewal)

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), “Trade Secrets Claims for Community Right-to-Know and Emergency Planning (EPA ICR Number 1428.12, OMB Control Number 2050-0078) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through April 30, 2022. Public comments were previously requested via the Federal Register on September 1, 2021 during a 60-day comment period. This notice allows for an additional 30 days for public comments. A fuller description of the ICR is given below, including its estimated burden and cost to the public. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/18/2022

Cyclic Aliphatic Bromide Cluster (HBCD); Draft Revision to Toxic Substances Control Act (TSCA) Risk Determination; Reopening of the Comment Period

In the Federal Register of December 29, 2021, EPA announced the availability of and solicited public comment on a draft revision to the risk determination for the Cyclic Aliphatic Bromide Cluster (HBCD) risk evaluation under the Toxic Substances Control Act (TSCA). This document reopens the comment period for 15 days.

Federal Agency: Environmental Protection Agency (EPA)

Affected Area: EHS

Comments Due: 3/4/2022

Agency Information Collection Activities; Comment Request; Federal Student Aid (FSA) Feedback System

This is a request for extension of the current information collection of the FSA Feedback System, OMB Control 1845-0141. On March 10, 2015, the White House issued a Student Aid Bill of Rights. Among the objectives identified was the creation of a centralized complaint system that is now resident and supported via the Federal Student Aid/Customer Engagement Management System. The purpose of the Customer Engagement Management System (CEMS) is to meet the objective: “Create a Responsive Student Feedback System: The Secretary of Education will create a new website by July 1, 2016, to give students and borrowers a simple and straightforward way to file complaints and provide feedback about federal student loan lenders, servicers, collections agencies, and institutions of higher education. Students and borrowers will be able to ensure that their complaints will be directed to the right party for timely resolution, and the Department of Education will be able to more quickly respond to issues and strengthen its efforts to protect the integrity of the student financial aid programs.”

Federal Agency: Federal Student Aid (FSA), Department of Education (ED)

Affected Area: Student Financial Aid

Comments Due: 4/15/2022

Items of Interest

It’s Time to Bridge the Divide Separating Policymakers and Researchers

President Biden’s management agenda provides the perfect opportunity for government officials and public policy researchers to help one another solve pressing problems.

Is My Research Covered by a Certificate of Confidentiality?

NIH does not issue a physical certificate or otherwise inform the investigator that the research activity is covered by a CoC. Instead, it is the responsibility of the investigator and the recipient institution to determine if the research they are conducting is subject to the NIH CoC Policy.

Investigators and recipient institutions who are collecting or using covered information cannot decline the CoC protections, as the CoC is issued as a term and condition of the NIH award.

 White House Guidance on Implementing NSPM-33: Standardization of Disclosure and Security Measures for Federal Research Funding (JD Supra)

https://www.jdsupra.com/legalnews/white-house-guidance-on-implementing-2549077/

Foreign influence in U.S.-funded scientific research has been the subject of increased scrutiny and federal enforcement over the last four years, culminating in January 2021, when the Trump administration issued National Security Presidential Memorandum 33 (“NSPM-33”). NSPM-33 requires all federal research funding agencies to strengthen and standardize disclosure requirements for research and development awards, as well as research security measures at major institutions receiving federal funds. The White House Office of Science and Technology recently released guidance implementing NSPM-33, including detailed disclosure and security requirements. These requirements will impact every researcher and research institution applying for federal scientific research funding.

 Request for Nominations of Members for the National Agricultural Research, Extension, Education, and Economics (NAREEE) Advisory Board, Specialty Crop Committee (SCC), (CDS), and (NGRAC); Correction

Notice of Correction; Solicit nominations for memberships for the NAREEE Advisory Board, SCC, CDS, and the NGRAC.

 Request for Nominations for Individuals and Consumer Organizations for Advisory Committees

The Food and Drug Administration (FDA or the Agency) is requesting that any consumer organizations interested in participating in the selection of voting and/or nonvoting consumer representatives to serve on its advisory committees or panels notify FDA in writing. FDA is also requesting nominations for voting and/or nonvoting consumer representatives to serve on advisory committees and/or panels for which vacancies currently exist or are expected to occur in the near future. Nominees recommended to serve as a voting or nonvoting consumer representative may be self-nominated or may be nominated by a consumer organization. FDA seeks to include the views of women and men, members of all racial and ethnic groups, and individuals with and without disabilities on its advisory committees and, therefore, encourages nominations of appropriately qualified candidates from these groups.

Announcement of Requirements and Registration for the REACH Lark Galloway-Gilliam Nomination for Advancing Health Equity Challenge (REACH Lark Award Challenge)

The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), announces the 2022 Racial and Ethnic Approaches to Community Health (REACH) Lark Galloway-Gilliam for Advancing Health Equity Award Challenge (REACH Lark Award Challenge). This biennial challenge was established in 2019 to recognize extraordinary individuals, organizations, or community coalitions associated with the REACH program whose work has contributed to the implementation of culturally tailored interventions that advance health equity, reduce health disparities, and increase community engagement to address preventable risk factors ( e.g., tobacco use, poor nutrition, physical inactivity, and inadequate access to clinical services).

Federal Agency: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS)

Comments Due: 3/18/2022

Agency Information Collection Activities; Comment Request; Supplemental Support Under the American Rescue Plan (SSARP) Application

Section 2003 of the American Rescue Plan allocates funds for institutions of higher education that the Secretary determines have the greatest unmet needs related to the coronavirus. This collection includes (1) a certification and agreement and (2) a profile form that will be used by institutions applying for discretionary grant funding under this section.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Notice Inviting Applications for Public and Private Nonprofit Institutions of Higher Education Under the Higher Education Emergency Relief Fund (HEERF), Section 2003 of the American Rescue Plan Act, 2021 (ARP)

The U.S. Department of Education is reopening the application period for institutions of higher education (IHEs) eligible for HEERF, ARP Act funds under the grant funding provided in SUPPLEMENTARY INFORMATION . The Secretary takes this action to allow eligible applicants additional time to submit their Certifications and Agreements (applications), and associated data submissions for approved information collections.

Federal Agency: Office of Postsecondary Education, Department of Education

Comments Due: 3/7/2022

Native American Graves Protection and Repatriation Review Committee Finding Regarding the Cultural Affiliation of Human Remains and Associated Funerary Objects Removed Moundville Archeological Site (1TU500)

On November 23, 2021, the Native American Graves Protection and Repatriation Review Committee (Review Committee) found, based on the information provided before and during its public meeting, that a cultural affiliation exists between the present-day Muskogean-speaking Indian Tribes and the earlier group connected to human remains and funerary objects excavated at, and adjacent to, the Moundville archeological site (1Tu500), in Tuscaloosa County, AL. The recommendations, findings, and actions in this notice are advisory only and are not binding on any person. Pursuant to the Native American Graves Protection and Repatriation Act (NAGPRA or the Act), the Review Committee is responsible for reviewing and making findings related to the identity or cultural affiliation of cultural items. The National Park Service is not responsible for the determinations in this notice.

Federal Agency: National Park Service, Interior

Request for Nomination of Experts for the Biofuels and the Environment: Third Triennial Report to Congress Peer Review Panel

The U.S. Environmental Protection Agency (EPA) is requesting nominations for an external expert panel to peer review EPA’s Biofuels and the Environment: Third Triennial Report to Congress (RtC3). The peer review will be conducted under the framework of EPA’s Scientific Integrity Policy ( https://www.epa.gov/​sites/​default/​files/​2014-02/​documents/​scientific_​integrity_​policy_​2012.pdf ) and follow procedures established in EPA’s Peer Review Handbook 4th Edition, 2015 (EPA/100/B-15/001). EPA invites the public to nominate scientific experts to be considered as peer reviewers for this contractor-managed peer review. Nominations of peer review candidates will be accepted by EPA’s contractor, Eastern Research Group, Inc. (ERG). Relevant expertise includes economics, engineering, agronomics, land use change, remote sensing, air quality, biogeochemistry, water quality, hydrology, conservation biology, limnology, and ecology. EPA has instructed ERG to formulate a single pool of eighteen (18) candidate external reviewers to provide independent external peer review. After consideration of peer reviewer nominations submitted to ERG in response to this Federal Register notice (FRN) and after consideration of public comments on the List of Candidates (to be announced in a future FRN), ERG will select from this pool the final list of up to nine (9) peer reviewers in a manner consistent with EPA’s Peer Review Handbook 4th Edition, 2015 (EPA/100/B-15/001), ensuring their combined expertise best spans the above disciplines.

Federal Agency: Environmental Protection Agency (EPA)

Comments Due: 3/3/2022

Democrats want to win the tech war with China. The best way is to bolster U.S. allies.

The House bill would pump money into federal agencies to fund a dizzying array of research initiatives: nanoscience, quantum computing, artificial intelligence, climate technology, even biometric identification systems. The bill would also make it easier for scientists and engineers to stay in the country, a long-needed update to the nation’s irrational immigration laws.

 FSA Announces 2022-23 Pell Grant Payment and Disbursement Schedules

Federal Student Aid (FSA) in a Dear Colleague Letter on Monday published the Payment and Disbursement Schedules for determining Federal Pell Grant awards for the 2022-23 award year. Because the government is still being funded under a continuing resolution until February 18 and new appropriations have not been finalized, the maximum Pell Grant award remains fixed at $6,495. The corresponding maximum Pell Grant-eligible expected family contribution (EFC) remains fixed at $5,846, according to FSA . If Congress makes changes to Pell Grant funding, FSA said it will publish revised schedules.

National Science Board Weighs In on State of US Science

The National Science Board released a report last week that highlights changes in U.S. R&D performance and the composition of the country’s STEM workforce. Drawing on statistics gathered by the National Science Foundation, it charts how the U.S. share of global R&D expenditures and research outputs such as publications has continued to decrease as other countries — most particularly China — have built up their research enterprises.

In a policy brief accompanying the report, the board argues it is no longer feasible for the U.S. to lead “across-the-board” in science and engineering, and that the U.S. should therefore position itself as a hub for international talent and work to influence values and norms for the conduct of research. The board also stresses the need to strengthen the domestic STEM workforce by addressing longstanding disparities.

Congress mandates that the board, which oversees NSF, biennially produce policy-neutral statistics on the national R&D enterprise, a compilation known as the Science and Engineering Indicators. Seeking to provide more timely and focused updates, in 2020 the board shifted from releasing the entire compilation at once to publishing a rolling series of thematic reports, which cover topics such as the STEM workforce, science education, the state of academic R&D, and publications output.

Universities Can Combat Misinformation By Sharing Research With the Public

Recently, universities and academics have begun to talk about open science (i.e., research practices used to enhance transparency from design to dissemination). There is a robust agenda for academia’s future, including code sharing, registered reports and accessibility.

Solicitation of Nominations for Appointment to the Safety Oversight and Certification Advisory Committee (SOCAC)

Solicitation of nominations for appointment to the Safety Oversight and Certification Advisory Committee (SOCAC).

Request for Nominations on the Technical Electronic Product Radiation Safety Standards Committee

The Food and Drug Administration (FDA or Agency) is requesting that any industry organizations interested in participating in the selection of voting industry representatives to serve on the Technical Electronic Product Radiation Safety Standards Committee in the Center for Devices and Radiological Health notify FDA in writing. FDA is also requesting nominations for voting industry representatives to serve on the Technical Electronic Product Radiation Safety Standards Committee. A nominee may either be self-nominated or nominated by an organization to serve as a voting industry representative. Nominations will be accepted for current vacancies effective with this notice.

Federal Agency: Food and Drug Administration, HHS

Comments Due: 3/18/2022

Solicitation of Nominations for Appointment to the Board of Scientific Counselors, National Institute for Occupational Safety and Health (BSC, NIOSH)

The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the BSC, NIOSH. The BSC NIOSH consists of 15 experts in fields associated with occupational safety and health, such as occupational medicine, occupational nursing, industrial hygiene, occupational safety, engineering, toxicology, chemistry, safety and health education, ergonomics, epidemiology, biostatistics, psychology, wellness, research translation, and evaluation.

Federal Agency: Centers for Disease Control and Prevention

Comments Due: 4/15/2022

Solicitation of Nominations for Appointment to the Advisory Council for the Elimination of Tuberculosis

The Centers for Disease Control and Prevention (CDC) is seeking nominations for membership on the Advisory Council for the Elimination of Tuberculosis (ACET). The ACET consists of 10 experts including the Chair in fields associated with public health, epidemiology, immunology, infectious disease, pulmonary disease, pediatrics, tuberculosis, microbiology, and preventive health care delivery. ACET provides advice and recommendations regarding the elimination of tuberculosis (TB) to the Secretary, HHS; the Assistant Secretary for Health, HHS; and the CDC Director. ACET (a) makes recommendations on policies, strategies, objectives, and priorities; (b) addresses development and application of new technologies; (c) provides guidance and review of CDC’s TB prevention research portfolio and program priorities; and (d) reviews the extent to which progress has been made toward eliminating TB.

Federal Agency: Centers for Disease Control and Prevention

Comments Due: 5/31/2022

COVID-19 Flexibilities Related to Animal Care and Use Still in Effect? (Extramural Nexus NIH)

Yes. The flexibilities allowed by the NIH Office of Laboratory Animal Welfare are continuing due to the recent surges in the COVID-19 pandemic throughout the country and the impact on institutions’ operations.

 A new agency to accelerate biomedical science can succeed, under the right conditions (The Hill, Opinion)

The creation of a $6.5 billion Advanced Research Projects Agency for Health, also known as ARPA-H, is one of the most exciting initiatives proposed by President Biden in his full budget request to Congress for Fiscal Year 2022. ARPA-H is to be modeled after the similarly named Defense Advanced Research Projects Agency (DARPA), which has proven successful in accelerating ground-breaking, out-of-the box technologies for the military. According to the budget request, increasing direct federal spending in health will drive transformative and innovative research, as well as quicken application and implementation breakthroughs to enhance health.

 NIH issues a seismic mandate: share data publicly

In January 2023, the US National Institutes of Health (NIH) will begin requiring most of the 300,000 researchers and 2,500 institutions it funds annually to include a data-management plan in their grant applications — and to eventually make their data publicly available.

 Update on Federal Contractor and Subcontractor Vaccine Mandate

Despite recent decisions by the U.S. Supreme Court on COVID-19 vaccine mandates for large employers and health care facilities, there are still questions about the future of Executive Order (EO) 14042….At present, six federal district courts have issued injunctions against enforcement of the EO and the Task Force Guidance. While the underlying legal challenges remain pending before the federal district courts and courts of appeals, the court injunctions have stopped enforcement of the EO and Task Force Guidance, including the contractor employee vaccine

Notice of Change to NIH’s Policy on Special Council Review of Research Applications (NOT-OD-22-049)

https://grants.nih.gov/grants/guide/notice-files/NOT-OD-22-049.html

This Notice announces an update to the Special Council Review (SCR) policy in an effort to align SCR policy with updated Other Support disclosure requirements (see NOT-OD-21-169) and to increase the threshold from $1 million in direct costs, per year to $2 million in total costs (inclusive of direct and indirect), per year. This policy does not represent a cap on NIH funding.

 FY 2022 Updated Guidance: Requirement for Instruction in the Responsible Conduct of Research (NOT-OD-22-055)

By way of this Notice, the National Institutes of Health (NIH), Agency for Healthcare Research and Quality (AHRQ), and Health Resources & Services Administration (HRSA) reaffirm the principle that education in the responsible conduct of research is a fundamental element of research training and announce updates to their existing policy and guidance for such instruction. In particular, this Notice provides new recommendations on the format, frequency, and timing of instruction in the responsible conduct of research (RCR) and suggests additional topics for consideration.

Hunting and Wildlife Conservation Council Charter Renewal; Request for Nominations

The U.S. Department of the Interior (DOI) and Department of Agriculture (USDA) are renewing the charter for and seeking member nominations to the Hunting and Wildlife Conservation Council (Council). The renewed Council replaces and changes the name of the previous Hunting and Shooting Sports Conservation Council. The Secretary of the Interior and Secretary of Agriculture (Secretaries), after consultation with the General Services Administration, have renewed the Council charter for 2 years. The Council will provide recommendations to the Federal Government, through the Secretary of the Interior (Secretary) and the Secretary of Agriculture, regarding the establishment and implementation of existing and proposed policies and authorities with regard to wildlife and habitat conservation endeavors that benefit wildlife resources; encourage partnership among the public, sporting conservation organizations, and Federal, State, Tribal, and territorial governments; and benefit recreational hunting and recreational shooting sports.

Federal Agency: Fish and Wildlife Service, Interior

Comments Due: 3/7/2022

National Advisory Council

The Federal Emergency Management Agency (FEMA) requests that qualified individuals interested in serving on the FEMA National Advisory Council (NAC) apply for appointment as identified in this notice. Pursuant to the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), the NAC advises the FEMA Administrator on all aspects of emergency management, incorporating input from and ensuring coordination with state, local, tribal, and territorial governments, and the non-governmental and private sectors. The NAC consists of up to 35 members, all of whom are experts and leaders in their respective fields. FEMA seeks to appoint individuals to 11 discipline-specific positions on the NAC and up to 3 members as Administrator Selections. If other positions open during the application and selection period, FEMA may select qualified candidates from the pool of applications.

Federal Agency: Federal Emergency Management Agency, Department of Homeland Security

Comments Due: 3/31/2022

Homeland Security Academic Advisory Council

The Secretary of Homeland Security (Secretary) is requesting senior-level individuals who are interested in serving on the Homeland Security Academic Advisory Council (HSAAC), a discretionary federal advisory committee, to apply for appointment as identified in this notice. Pursuant to the Secretary’s authority within the Homeland Security Act, this agency-led committee will be established and will operate under the provisions of the Federal Advisory Committee Act (FACA). The primary purpose of the HSAAC will be to provide advice and recommendations to the Secretary and DHS senior leadership on matters related to homeland security and the academic community.

Federal Agency: Office of Partnership and Engagement (OPE), Department of Homeland Security (DHS)

Comments Due: 2/15/2022

Federal Advisory Council on Occupational Safety and Health

The Secretary of Labor (Secretary) invites interested parties to submit nominations for individuals to serve on the Federal Advisory Council on Occupational Safety and Health (FACOSH). OSHA is extending the deadline for nominations to serve on FACOSH from January 31, 2022 to March 31, 2022.

Federal Agency: Occupational Safety and Health Administration (OSHA), Labor

Comments Due: 3/31/2022

Collaborative Forest Landscape Restoration Advisory Panel

The Collaborative Forest Landscape Restoration Advisory Panel (Panel) was renewed on January 11, 2022, to evaluate and provide recommendations on the selection of collaborative forest landscape restoration proposals to the Secretary of Agriculture (Secretary) for approval as provided in Section 8629 of the Agriculture Improvement Act of 2018. The Secretary has determined that the work of the Panel is in the public’s interest and relevant to the duties of the Department of Agriculture. Therefore, the Secretary is seeking nominations to fill vacancies on the Panel. The Panel is a statutory committee. Additional information concerning the Panel can be found by visiting the Panel’s website at: https://www.fs.fed.us/​restoration/​CFLRP/​advisory-panel.shtml.

Federal Agency: Forest Service, Agriculture (USDA)

Comments Due: 3/7/2022

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Application Forms and Instructions for the Fulbright-Hays Seminars Abroad Program

The Department of Education (US/ED) is responsible for administering the Fulbright-Hays Seminars Abroad (SA) Program under authority of Section 102(b)(6) of the Mutual Educational and Cultural Exchange (Fulbright-Hays) Act of 1961, as amended. The program is administered under the policies established by the J. William Fulbright Foreign Scholarship Board (FSB), a 12-member body appointed by the President. US/ED recruits and recommends candidates for seminar positions abroad in accordance with FSB policies, which support the purposes of the Fulbright-Hays Act. The application is necessary in order for the Department to award funds under this program.

This is a revision of a currently approved collection. The suggested changes from the currently approved application are minor, and consist of mainly updated language to reflect improvements in clarity and minor updates to instructions. The burden of the applicants is an average of three hours for each applicant and includes the time needed to obtain references. There is no change in burden per response.

This collection is being submitted under the Streamlined Clearance Process for Discretionary Grant Information Collections (1894-0001). Therefore, the 30-day public comment period notice will be the only public comment notice published for this information collection request.

Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED)

Comments Due: 3/7/2022

Fiscal Responsibility Training

A fiscal responsibility training course has been created to help UA employees better understand their role in safeguarding and accurately accounting for university resources. We all play an important part in making this University great!  This training will help you understand your fiscal responsibilities under UA’s Code of Ethical Conduct. The course focuses on the fiscal responsibilities that all UA employee share, and it takes most people less than 10 minutes to complete. The training is available now through UA LMS.

This required training must be completed by February 28, 2022.

If you experience technical issues with completing your training, please submit a request for assistance through the Tech Help Troubleshooting Tool.

For the best learning experience, it is recommended that training be accessed with Chrome or Firefox browser on a desktop computer. If you choose to use a mobile device or tablet, it is best to use the Go.Learn app instead of your mobile browser.