Compliance Alert – April 2024
- April 22nd, 2024
- in Compliance, Newsletter
Final RulesSignature Requirements Related to Acceptance of Electronic Signatures for Patent Correspondence The United States Patent and Trademark Office (USPTO or Office) is revising the rules of practice in patent cases to update the signature rule to provide for the broader permissibility of electronic signatures using third-party document-signing software, such as DocuSign® and Acrobat® Sign, and more closely align signature requirements with the rules of practice in trademark cases. The revised rules will provide additional flexibility and convenience to patent applicants and owners, practitioners, and other parties who sign patent-related correspondence, and promote consistency by establishing signature requirements which are common to both patent and trademark matters. Federal Agency: United States Patent and Trademark Office, Department of Commerce Affected Area: Patents and Trademarks Federal Acquisition Regulation: Establishing Federal Acquisition Regulation Part 40 DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to add the framework for a new FAR part on information security and supply chain security. The creation of this new FAR part does not implement any of the information security and supply chain security policies or procedures. The amendment simply establishes the new FAR part. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Federal Acquisition Regulation; Federal Acquisition Circular 2024-04; Introduction This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2024-04. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Federal Acquisition Regulation; Federal Acquisition Circular 2024-04; Small Entity Compliance Guide This final rule amends the Federal Acquisition Regulation (FAR) to add the framework for a new FAR part on information security and supply chain security. The new FAR part will be used to prescribe policies and procedures for managing information security and supply chain security when acquiring products and services. The creation of this new FAR part does not implement any of the information security and supply chain security policies or procedures. Relocation of the related existing policies or procedures will be done through separate rulemaking. Federal Agency: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement Worker Walkaround Representative Designation Process In this final rule, OSHA is amending its Representatives of Employers and Employees regulation to clarify that the representative(s) authorized by employees may be an employee of the employer or a third party; such third-party employee representative(s) may accompany the OSHA Compliance Safety and Health Officer (CSHO) when, in the judgment of the CSHO, good cause has been shown why they are reasonably necessary to aid in the inspection. In the final rule, OSHA also clarified that a third party may be reasonably necessary because of their relevant knowledge, skills, or experience with hazards or conditions in the workplace or similar workplaces, or language or communication skills. OSHA concluded that these clarifications aid OSHA’s workplace inspections by better enabling employees to select representative(s) of their choice to accompany the CSHO during a physical workplace inspection. Employee representation during the inspection is critically important to ensuring OSHA obtains the necessary information about worksite conditions and hazards. Federal Agency: Occupational Safety and Health Administration (OSHA), Labor Affected Area: HR, EHS Short-Term, Limited-Duration Insurance and Independent, Noncoordinated Excepted Benefits Coverage This document sets forth final rules that amend the definition of short-term, limited-duration insurance, which is excluded from the definition of individual health insurance coverage under the Public Health Service Act. This document also sets forth final rules that amend the regulations regarding the requirements for hospital indemnity or other fixed indemnity insurance to be considered an excepted benefit in the group and individual health insurance markets. Federal Agency: HR Affected Area: Campus Proposed RulesSetting and Adjusting Trademark Fees During Fiscal Year 2025 The United States Patent and Trademark Office (USPTO) proposes to set and adjust trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The proposed fee adjustments will provide the USPTO sufficient aggregate revenue to recover the aggregate costs of trademark operations in future years (based on assumptions and estimates found in the agency’s Fiscal Year 2025 Congressional Justification (FY 2025 Budget)), including implementing the USPTO 2022–2026 Strategic Plan (Strategic Plan). Federal Agency: United States Patent and Trademark Office, Department of Commerce Affected Area: Patents and Trademarks Comments Due: 5/28/2024 NoticesThe Environmental Protection Agency (EPA) is adopting two categorical exclusions (CEs) from the Department of Energy (DOE) under the National Environmental Policy Act (NEPA) for drop-off, collection, and transfer facilities for recyclable materials and for installation or relocation of machinery and equipment, to use in EPA’s programs and in funding opportunities administered by EPA. This notice describes the categories of proposed actions for which EPA intends to use DOE’s CEs and describes the consultation between the agencies. Federal Agency: Environmental Protection Agency Affected Area: ORED 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 part 3, Improper Business Practices and Personal Conflicts of Interest. Federal Agency: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) Affected Area: Procurement, COI Comments Due: 4/24/2024 This information collection is associated with the hydrostatic testing of portable fire extinguishers. Persons performing the test are required to record their name, the date of the test, and the identifier of the extinguisher tested as evidence of completing the test. For additional substantive information about this ICR, see the related notice published in the Federal Register on January 9, 2024 (89 FR 1128). Federal Agency: Department of Labor Affected Area: EHS Comments Due: 4/24/2024 The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions. Federal Agency: Office of Finance and Operations (OFO), Department of Education (ED) Affected Area: Registrar Comments Due: 4/26/2024 The Urban Waters Federal Partnership is a voluntary program created in 2011 that seeks to reconnect urban communities, particularly those that are overburdened or economically distressed, with their waterways to become stewards for clean urban waters. Working with a diverse set of partners, the program seeks to help communities restore and protect water quality and revitalize adjacent rural, suburban, and urban neighborhoods throughout the watershed. Federal Agency: Environmental Protection Agency (EPA) Affected Area: Facilities and Grounds Comments Due: 5/28/2024 The Federal Register Notice with a 60-day comment period soliciting comments on the following collection of information was published on January 4, 2024 (89 FR 501). The FAA is seeing increased complexity of small, unmanned aircraft systems (sUAS) operation flying under 14 CFR part 107. Under 14 CFR 107.205, operators of small UAS continue to request waivers from certain operational rules. In 2018, the FAA updated and modernized the process for applying for such waivers by introducing the FAADroneZone website. These improvements have facilitated the process of collecting and submitting the information required as part of a waiver application. In 2021, recognizing the demand to expedite the integration of unmanned aircraft systems (UAS) into the National Airspace System (NAS), the FAA revised the regulatory framework for safely integrating UAS into routine NAS operations. The was accomplished by publishing the “Operation of Small Unmanned Aircraft Systems Over People” rule in January 2021, which permitted routine operations of small, unmanned aircraft over people and at night under certain conditions. This change significantly decreased the waiver requests for such operations by over 55%. In order to process operational waiver requests, the FAA requires the operator’s name, the operator’s contact information, and information related to the date, place, and time of the requested small UAS operation. Additional information is required related to the proposed waiver and any necessary mitigations. The FAA will use the requested information to determine if the proposed UAS operation can be conducted safely. This information is necessary for the FAA to meet its statutory mandate of maintaining a safe and efficient national airspace. See 49 U.S.C. 40103, 44701 and 44807. Federal Agency: Federal Aviation Administration (FAA), DOT Affected Area: EHS Comments Due: 4/26/2024 Information Resource Information System (IRIS) is an online performance reporting system for grantees of International and Foreign Language Education (IFLE) programs. The site also allows for IFLE program officers to process overseas language requests, travel authorization requests, and grant activation requests. IRIS keeps a record of these requests and also of Foreign Language and Area Studies (FLAS) Fellowship recipients and grantee performance reports. Federal Agency: Office of Postsecondary Education (OPE), Department of Education (ED) Affected Area: Capstone International Effective July 1, 2024, borrowers may select the ICR plan only for repayment of non-defaulted Direct Consolidation Loans that repaid one or more Direct or Federal PLUS Loans made to a parent borrower. However, borrowers who were repaying other types of Direct Loans under the ICR plan as of July 1, 2024, may continue to repay their loans under that plan. Under the ICR plan, the borrower’s monthly payment amount is based on the borrower’s Adjusted Gross Income (AGI), family size, loan amount, and the interest rate applicable to each of the borrower’s loans. A Direct Loan borrower who repays under the ICR plan pays the lesser of: (1) the monthly amount that would be required over a 12-year repayment period with fixed payments, multiplied by an income percentage factor; or (2) 20 percent of their discretionary income. Federal Agency: Federal Student Aid, Department of Education Affected Area: Student Financial Aid Comments Due: 5/28/2024 The Federal Pell Grant (Pell Grant) program is a student financial assistance program authorized under the Higher Education Act of 1965, as amended (HEA). The program provides grant assistance to an eligible student attending an institution of higher education. The institution determines the students award and disburses program funds on behalf of the Department of Education (the Department). Institutions are required to report student Pell Grant payment information to the Department electronically. Electronic reporting is conducted through the Common Origination and Disbursement (COD) system. The COD system is used by institutions to request, report, and reconcile grant funds received from the Pell Grant program. The Department uses the information collected in the COD system to aid in ensuring compliance with fiscal and administrative requirements under the HEA for the Pell Grant program and under 34 CFR 690 for the Pell Grant program regulations. This is a request for an extension of the current information collection. Federal Agency: Federal Student Aid, Department of Education (ED) Affected Area: Student Financial Aid Comments Due: 6/10/2024 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 Portable Fire Extinguishers Standard (Annual Maintenance Certification Record). Federal Agency: Occupational Safety and Health Administration (OSHA), Labor Affected Area: EHS Comments Due: 6/10/2024 Items of InterestThe University of Alabama is changing the contract review process for software purchases! Beginning 4/8/2024, all compliance-related reviews for software purchases will occur PRIOR to loading any contract documents into the UA Contract Portal. You will no longer complete and submit the Software IT form when you submit a contract for review and execution. This assessment replaces the previous form and will allow for a compliance review to be complete by personnel across campus who are responsible for privacy, compliance, security, risk management, cyber insurance, and other risks, as appropriate, in advance of submitting the contract for execution. In accordance with the Federal Advisory Committee Act, the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Board of Scientific Counselors, National Institute for Occupational Safety and Health (BSC, NIOSH). The BSC, NIOSH consists of 15 experts in fields associated with occupational safety and health. Alabama Lawmakers OK Bill Targeting DEI, ‘Divisive Concepts’ The Republican-controlled Alabama Legislature passed a bill Tuesday that would, within public higher education institutions, limit so-called “divisive concepts” plus diversity, equity and inclusion programs and transgender individuals’ access to campus bathrooms. In a particular concern for free speech advocates, Senate Bill 129 could stop faculty members from teaching about what the bill dubs “divisive concepts”—such as the idea that meritocracy is racist—even in a critical way. Jeremy Young, the Freedom to Learn program director at PEN America, has said it would be “the most restrictive educational gag order in the country” affecting higher education. Universities Build Their Own ChatGPT-like Tools As concerns mount over the ethical and intellectual property implications of AI tools, universities are launching their own chatbots for faculty and students. How Perceptions of College Value Play Out on Social Media A scan of 13,000 social media comments discussing the value of going to college shows that 93 percent of them reflected negative or neutral views, a recent report finds. No Surprises for Higher Ed in Spending Bill The final federal spending package for the 2023–24 fiscal year, released Thursday, would provide mostly level funding for higher ed, with a small increase for Federal Student Aid. An ongoing debate in Virginia speaks to the need to clarify the bedrock duties of university boards, Thomas K. Hyatt and Morgan Alexander write. Solicitation for Members of the NOAA Science Advisory Board NOAA is soliciting nominations for members of the NOAA Science Advisory Board (SAB). The SAB is the only Federal Advisory Committee with the responsibility to advise the Under Secretary of Commerce for Oceans, Atmosphere, and NOAA Administrator on long- and short-range strategies for research, education, and application of science to resource management and environmental assessment and prediction. The SAB consists of approximately twenty members reflecting the full breadth of NOAA’s areas of responsibility and assists NOAA in maintaining a complete and accurate understanding of scientific issues critical to the agency’s missions. Comments Due: 5/9/2024 Higher Ed Workers Seek to Coordinate Nationally A group called Higher Ed Labor United is trying to overcome the silos that divide unions and keep them from working together against the many threats to colleges and universities. Digital Media Literacy Becoming a Graduation Requirement As concerns mount about online misinformation, AI-created images and the ethics of the digital landscape, several institutions are requiring courses in digital media literacy. The 2024 Federal Budget for Colleges, Researchers and Students Most federal programs important to higher education will see little to no increase in support. Arizona GOP Bill Would Stifle Faculty Power in Governance The legislation, nearing passage, would bolster the power of presidents and regents while reducing faculty members to merely “consulting” on governing, academic and personnel decisions. Citing FAFSA Mess, Colleges Want Relief From New Gainful Rule The Education Department asked for two years’ worth of data by July 31—a task that will be “a significant institutional undertaking,” administrators say. Sting Operation Fools a Proctoring Service—and Results in Blackmail Attempt A staff member at a Florida college, posing as a student, hires a contract cheating firm to test the institution’s systems for preventing fraud. The outcome offers lessons for instructors and students as virtual learning expands. University of Kentucky President Proposes to Strip Faculty Body’s Power Eli Capilouto released a “draft of principles” Wednesday that would dissolve the University Senate and replace it with an advisory group. DOJ Uncovering More Misconduct Through Self-Disclosure Program, Says Top Official More companies are choosing to voluntarily disclose misconduct to prosecutors after a policy revision last year that increased the potential benefits of doing so, a top Justice Department official said. Education Department Heeds Calls to Delay Gainful Reporting Deadline Colleges had asked for a later date, citing the administrative workload stemming from the bungled launch of the new FAFSA. They’ll now have until Oct. 1 to submit a range of new information about their programs. In accordance with the Federal Advisory Committee Act, the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is seeking nominations for membership on the Communications and Public Engagement Workgroup (CPEW) of the Advisory Committee to the Director, CDC. The CPEW consists of approximately 15 members who are experts in fields associated with communications, including public relations, health communication, risk communication, communication research, and marketing; community and partner engagement; public health science and practice, including implementation; and behavioral science/behavior change campaigns. Comments Due: 4/26/2024 Universities Oppose Federal Plan to Bolster Research Misconduct Oversight The Office of Research Integrity is considering stronger regulations for institutional investigations of alleged research misconduct. Universities say it’s too prescriptive. Congress Sends $1.3 Billion to Colleges in Federal Earmarks The money will go to 707 wide-ranging projects, from equipment purchases to airport-runway extensions. Which states and institutions will benefit the most? Tax Errors Set Back FAFSA Processing—Again The U.S. Education Department released additional details Tuesday on the scope and impact of the tax issue flagged last week by financial aid officers, the latest calculation error to beset the beleaguered rollout of the new FAFSA. Digital Wallets Explored as Next Generation Transcripts Adoption has started as employers and students place more value on skills. Meanwhile, plans for free, open-source wallet technology are picking up steam. AI-powered college advising tools promise to free up time-strapped counselors and “democratize” admissions expertise for less-privileged high schoolers. Will they? Higher Education is Most Trusted Source to Handle AI While the public remains cautious of artificial intelligence (AI), most trust higher education institutions to use AI responsibly, according to a new report released Tuesday morning by the Stevens Institute of Technology and the business intelligence group Morning Consult. Advisory Committee for Science Quality and Integrity; Call for Nominations; Extension The Department of the Interior, U.S. Geological Survey (USGS), is seeking nominations for membership on the Advisory Committee for Science Quality and Integrity (Committee). The Committee will advise the Secretary of the Interior and the USGS Director on matters related to the responsibilities of the USGS Office of Science Quality and Integrity (OSQI) including monitoring and enhancing the integrity, quality, and health of all USGS science. This is a 30-day extension of the call for nominations published in the Federal Register on February 26, 2024. Nominations Due: 5/10/2024 Colleges, Education Department at Odds Over Inclusive Access Changes The department is sticking by its plan to prohibit colleges from automatically billing students for course materials despite strong opposition from publishers and university leaders. Are DEI Office Name Changes Enough? As DEI bans impact colleges nationwide, many institutions are renaming their offices to something more innocuous. The results have been varied. Virtual Coffee, Ice Cream Shops Help Students Learn Business Business schools are moving beyond case studies or site visits and utilizing virtual reality in classrooms to help students master supply chain management. Clery Act Compliance: Why Fines Are Getting So Big and How Colleges Can Avoid Them Liberty University was fined $14 million for Clery Act violations. Two experts share why fines have gotten so massive and how schools can improve compliance. ‘Game-Changing Crisis’: Lawmakers, Experts Vent FAFSA Frustrations While one House committee probed the FAFSA mess Wednesday, another grilled Education Secretary Miguel Cardona about the disastrous rollout of the student-aid form. US lawmakers unveil a plan to give all Americans a right to online privacy WashingtonCNN — Two leading US lawmakers have reached a bipartisan deal that could, for the first time, grant all Americans a basic right to digital privacy and create a national law regulating how companies can collect, share and use Americans’ online data. Traction for the Three-Year Bachelor’s Degree A group of college leaders strategize about how to design a new undergraduate experience—and get an unexpected boost from an accreditor. The National Institutes of Health, the Office of Naval Research, and the U.S. Army are withholding all of their grants from the University of California at San Diego because one scientist failed to turn in required final reports for two of his grants, according to a message sent to the campus community on Tuesday. Policies
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