Alabama Legislature | 2021 | Regular Session | Prefiling
Summary/Title: Education, prohibit public institutions of higher education from providing support for organizations affiliated with China government
Spectrum: Partisan Bill (Republican 5-0)
Status: Introduced on February 2 2021 – 25% progression
Action: 2021-02-02 – Read for the first time and referred to the House of Representatives committee on Education Policy Pending: House Education Policy Committee Text: Latest bill text (Introduced) [PDF]
Summary/Title: Terrorism, to create a statewide terrorism registry, to provide a system for registration by people convicted of certain terrorism offenses, provide for registration fees, provide for the duties of the Alabama State Law Enforcement Agency, Secs. 13A-10-160.01 to 13A-10-160.15, inclusive, added
Spectrum: Partisan Bill (Republican 1-0)
Status: Introduced on February 2 2021 – 25% progression
Action: 2021-02-02 – Read for the first time and referred to the House of Representatives committee on Judiciary Pending: House Judiciary Committee Text: Latest bill text (Introduced) [PDF]
Summary/Title: Law enforcement officers, requiring officers to have not less than 16 hours of crisis intervention training
Spectrum: Partisan Bill (Republican 4-0)
Status: Introduced on February 2 2021 – 25% progression
Action: 2021-02-02 – Read for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
Pending: House Public Safety and Homeland Security Committee Text: Latest bill text (Introduced) [PDF]
Items of Interest
Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, William D. Ford Federal Direct Loan Program, and Federal-Work Study Programs)
The Secretary is issuing updated waivers and modifications of statutory and regulatory provisions governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act or Act). The HEROES Act requires the Secretary to publish, in a document in the Federal Register , the waivers or modifications of statutory or regulatory provisions applicable to the student financial assistance programs under title IV of the Higher Education Act of 1965, as amended (HEA), to assist individuals who are performing qualifying military service, and individuals who are affected by a disaster, war, or other military operation or national emergency. On March 13, 2020, President Trump declared a national emergency based on the COVID-19 outbreak. Effective December 11, 2020. The waivers and modifications in this document expire as noted within each of the provisions below, unless extended by the Secretary in a document published in the Federal Register. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Student Financial Aid, Compliance, Finance, Public Safety, Registrar’s Office, OAA
HHS Proposes Modifications to the HIPAA Privacy Rule to Empower Patients, Improve Coordinated Care, and Reduce Regulatory Burdens
Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) announces proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to support individuals’ engagement in their care, remove barriers to coordinated care, and reduce regulatory burdens on the health care industry.
The Notice of Proposed Rulemaking (NPRM) is part of HHS’s Regulatory Sprint to Coordinated Care, initiated under HHS Secretary Alex Azar’s value-based transformation agenda and led by HHS Deputy Secretary Eric Hargan, which seeks to promote value-based health care by examining federal regulations that impede efforts among health care providers and health plans to better coordinate care for patients. Public comments on the NPRM will be due 60 days after publication of the NPRM in the Federal Register. The NPRM may be viewed or downloaded from HHS’s website. Federal Agency: Office for Civil Rights, Office of the Secretary, HHS Applicable Dept.: HIPAA covered entities
Agency Information Collection Activities: Requests for Comments; Clearance of a New Approval of Information Collection: Unmanned Aircraft Systems (UAS) Market Survey
The FAA mission and vision are to provide the safest, most efficient aerospace system in the world as new users and technologies integrate into the system. Currently, unmanned aircraft systems (UAS) operations are expanding beyond 14 Code of Federal Regulations (CFR) part 107 via waiver and exemption. To broadly integrate these expanded operations, to include air carrier operations, further rulemaking will be necessary. To support revisions to current regulations and the development of new regulations that will support integration, the FAA plans to survey experts in industry and academia on UAS. The survey seeks to collect data from industry leaders on the common fatigue-related practices for the operation of UAS and the minimum knowledge, skills, abilities (KSAs), testing, and staffing procedures required for operating UAS. Federal Agency: Federal Aviation Administration Comments Due: 1/19/2021
Multi Association Letter to Biden-Harris Administration on Regulatory Actions
COGR signed on to the linked letter highlighting some areas of concern and immediate actions the incoming administration can take that would be important to the higher education community.
Final Rules
Significant New Use Rules on Certain Chemical Substances (20-2.B)
EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which were the subject of premanufacture notices (PMNs). This action requires persons to notify EPA least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this rule. This action further requires that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS
Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption
The U.S. Department of Labor’s (DOL’s) Office of Federal Contract Compliance Programs (OFCCP) publishes this final rule to clarify the scope and application of the religious exemption. These clarifications to the religious exemption will help organizations with federal government contracts and subcontracts and federally assisted construction contracts and subcontracts better understand their obligations. Federal Agency: Office of Federal Contract Compliance Programs, Labor Applicable Dept.: HR, EOP
Modification of Significant New Uses of Certain Chemical Substances (20-1.M)
EPA is amending significant new use rules (SNURs) issued under the Toxic Substances Control Act (TSCA) for certain chemical substances, which were the subject of premanufacture notices (PMNs) and significant new use notices (SNUNs). As a result of EPA’s review of SNUNs for these chemical substances and based on new and existing data, EPA is finalizing amendments to these SNURs. Specifically, this action amends the identified SNURs to allow certain new uses reported in the SNUNs without additional notification requirements and modify the significant new use notification requirements based on the actions and determinations for the SNUN submissions.
Federal Agency: Environmental Protection Agency Applicable Dept.: EHS
Procedures to Resolve Potential Employment Discrimination
The U.S. Department of Labor (“the Department”) publishes this final rule to codify procedures that the Office of Federal Contract Compliance Programs (“OFCCP” or “the agency”) uses to resolve potential discrimination and other material violations of the laws and regulations administered by OFCCP applicable to Federal contractors and subcontractors, add clarifying definitions to specify the types of evidence OFCCP uses to support its discrimination findings, and correct the title of OFCCP’s agency head.
Federal Agency: Office of Federal Contract Compliance Programs, Labor Applicable Dept.: EOP, Compliance, HR
The Department’s Enforcement Authority for Failure to Adequately Report Under Section 117 of the Higher Education Act of 1965, as Amended
The U.S. Department of Education (Department) issues this interpretation to clarify the Department’s enforcement authority for failure to adequately report under section 117 of the Higher Education Act of 1965, as amended (HEA). Federal Agency: Office of the General Counsel, Department of Education Applicable Dept.: Compliance, Student Account Services, Advancement, Sponsored Research Comments Due: 12/14/2020
Proposed Rules
Significant New Use Rules on Certain Chemical Substances (21-1.B)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken any risk management actions as are required as a result of that determination.
Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 12/16/2020
Modification of Significant New Uses of Certain Chemical Substances (20-2.M)
EPA is proposing to amend significant new use rules (SNURs) issued under the Toxic Substances Control Act (TSCA) for certain chemical substances, which were the subject of a premanufacture notice (PMN) and a significant new use notice (SNUN). EPA is proposing these amendments following review of SNUNs for the chemical substances and based on review of new and existing data. Specifically, this action proposes to amend the SNURs to allow certain new uses reported in the SNUNs without additional notification requirements and modify the significant new use notification requirements based on the actions and determinations for the SNUN submissions.
Federal Agency: Environmental Protection Agency Applicable Dept.: EHS Comments Due: 12/18/2020
Notices
Agency Information Collection Activities; Comment Request; Higher Education Act (HEA) Title II Report Cards on State Teacher Credentialing and Preparation
This request is a revision that includes COVID-19 guidance and to approve the state report card and institution and program report cards required by the Higher Education Act of 1965, as amended in 2008 by the Higher Education Opportunity Act (HEOA). States must report annually on criteria and assessments required for initial teacher credentials using a State Report Card (SRC), and institutions of higher education (IHEs) with teacher preparation programs (TPP), and TPPs outside of IHEs, must report on key program elements on an Institution and Program Report Card (IPRC). IHEs and TPPs outside of IHEs report annually to their states on program elements, including program numbers, type, enrollment figures, demographics, completion rates, goals and assurances to the state. States, in turn, must report on TPP elements to the Secretary of Education in addition to information on assessment pass rates, state standards, initial credential types and requirements, numbers of credentials issued, TPP classification as at-risk or low-performing. The information from states, institutions, and programs is published annually in The Secretary’s Report to Congress on Teacher Quality. Start Printed Page 79171The Department plans to use the SRC and IPRC current instruments, unchanged, for the FY21 through FY23 data collections, in order to maintain continuity in the information available. There is no change in burden due to the addition of Institutions with Teacher Preparation Programs. The Department has included additional instruction to aid institutions in reporting data that may differ from usual data due to COVID restrictions. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: Institutional Research and Assessment Comments Due: 2/8/2021
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Office of State Support Progress Check Quarterly Protocol
The Office of School Support and Accountability (SSA) administers Title I, Sections 1001-1004 (School Improvement); Title I, Part A (Improving Basic Programs Operated by Local Educational Agencies); Title I, Part B (Enhanced Assessments Grants (EAG), and Grants for State Assessments and Related Activities); Title II, Part A (Supporting Effective Instruction); Title III, Part A (English Language Acquisition, Language Enhancement, and Academic Achievement); and School Improvement Grants (SIG). Quarterly progress checks, phone or in-person conversations every three months of a fiscal year with State directors and coordinators, help ensure that State Educational Agencies (SEAs) are making progress toward increasing student achievement and improving the quality of instruction for all students through regular conversations about the quality of SEA implementation of SSA administered programs. The information shared with the SSA helps inform the selection and delivery of technical assistance to SEAs and aligns structures, processes, and routines so the SSA can regularly monitor the connection between grant administration and intended outcomes. Progress checks also allow the SSA to proactively engage with SEAs to identify any issues ahead of formal monitoring visits, decreasing the need for enforcement actions and minimizing burden for SEAs. ED will collect this data from the 53 grantees that receive the grants listed above to inform its review of grantee implementation, outcomes, oversight, and accountability. In order to allow for a comprehensive program review of SSA grantees, we are requesting a three-year clearance with this form. Federal Agency: Office of Elementary and Secondary Education (OESE), Department of Education Applicable Dept.: Academic Affairs Comments Due: 12/31/2020
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Generic Application Package for Departmental Generic Grant Programs
The Department is requesting an extension of the approval for the Generic Application Package that numerous ED discretionary grant programs use to provide to applicants the forms and information needed to apply for new grants under those grant program competitions. The Department will use this Generic Application package for discretionary grant programs that: (1) Use the standard ED or Federal-wide grant applications forms that have been cleared separately through OMB under the terms of this generic clearance as approved by OMB and (2) use selection criteria from the Education Department General Administrative Regulations (EDGAR); selection criteria that reflect statutory or regulatory provisions that have been developed under 34 CFR 75.209, or a combination of EDGAR, statutory or Start Printed Page 78840regulatory criteria or other provisions, as authorized under 34 CFR 75.200 and 75.209. The use of the standard ED grant application forms and the use of EDGAR and/or criteria developed under §§ 75.200 and 75.209 promotes the standardization and streamlining of ED discretionary grant application packages. Federal Agency: Office of the Secretary, Department of Education Applicable Dept.: Sponsored Programs Comments Due: 1/6/2020
Agency Information Collection Activities; Submission for OMB Review; Comment Request; Requirements for Occupational Safety and Health Administration Training Institute Education Centers Program and Occupational Safety and Health Administration Outreach
OSHA’s Office of Training and Educational Programs is designed to recognize and promote excellence in safety and health training. The OSHA Training Institute’s (OTI) Education Centers offer courses for the private sector and other federal agency personnel at locations throughout the United States. OSHA extends its training reach to workers through its various Outreach Training Programs. Through the Outreach Training Programs, qualified individuals complete an OSHA trainer course and become authorized to teach student courses. The collection of information requirements contained in these programs are necessary to evaluate the applicant organization and to implement, oversee, and monitor the OTI Education Centers and Outreach Training Programs, courses and trainers. Federal Agency: Department of Labor Applicable Dept.: Continuing Studies, EHS Comments Due: 11/25/2020
Agency Information Collection Activities; Comment Request; Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements
The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions. Federal Agency: Office of Planning, Evaluation and Policy Development (OPEPD), Department of Education (ED) Applicable Dept.: Registrar’s Office Comments Due: 12/28/2020
Information Collection Request Submitted to OMB for Review and Approval; Comment Request; Asbestos Abatement Worker Protection (Renewal)
The 2000 Asbestos Worker Protection Rule (40 CFR part 763, subpart G) (hereafter referred to as the “2000 WPR,” or simply “WPR”) establishes workplace standards for the protection of state and local government employees who work with asbestos and who are not covered by a state plan approved by the Occupational Safety and Health Administration (OSHA). Currently, state and local government employees in 24 states, the District of Columbia (DC), and three additional U.S. territories (DC and the territories are counted as one “state equivalent”) who perform construction work, including building construction, renovation, demolition, and maintenance activities, and employees who perform brake and clutch repair work, are covered by EPA’s WPR. The WPR incorporates, by reference, the OSHA Construction Industry Standard for Asbestos (29 CFR part 1926.1101) and the General Industry Standard for Asbestos (29 CFR part 1910.1001). As a result, the WPR requires state and local government employers to use engineering controls and appropriate work practices to control the release of asbestos fibers. Covered employers must monitor employee exposure to asbestos and provide employees with personal protective equipment, training, and medical surveillance to reduce the risk of asbestos exposure. Exposure monitoring records must be maintained for 30 years, medical surveillance records for the duration of employment of the affected employees plus 30 years, and training records for the duration of employment plus one year. Employers must also establish written respiratory protection programs and maintain procedures and records of respirator fit tests for one year. Federal Agency: Environmental Protection Agency Applicable Dept.: EHS, Construction Administration Comments Due: 12/2/2020
Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Higher Education Emergency Relief Fund (HEERF) Data Collection Form
This information collection supports the annual collection of data pertaining to the uses of funds under the Higher Education Emergency Education Relief Fund (HEER Fund). Section 18004(a) of the CARES Act, Public Law 116-136 (March 27, 2020), authorized the Secretary of Education to allocate formula grant funds to participating institutions of higher education (IHEs). Section 18004(c) of the CARES Act allows IHEs to use up to one-half of the total funds received to cover any costs associated with the significant changes to the delivery of instruction due to the coronavirus (with specific exceptions). This information collection request includes the reporting requirements in order to comply with the requirements of the CARES Act and obtain information on how the funds were used. The information will be reviewed by U.S. Department of Education (Department) employees to ensure that HEER funds are used in accordance with section 18004 of the CARES Act, and will be shared with the public to promote transparency regarding the allocation and uses of funds. Federal Agency: Office of Postsecondary Education, Department of Education Applicable Dept.: CERA, Student Financial Aid, Student Account Services, and Sponsored Programs Comments Due: 12/2/2020
Agency Information Collection Activities; Comment Request; Comprehensive Transition Program (CTP) for Disbursing Title IV Aid to Students With Intellectual Disabilities Expenditure Report
The Higher Education Opportunity Act, Public Law 110-315, added provisions to the Higher Education Act of 1965, as amended, in section 750 and 766 that enable eligible students with intellectual disabilities to receive Federal Pell Grant, Federal Supplemental Educational Opportunity Grant, and Federal Work Study funds if they are enrolled in an approved program. The Comprehensive Transition Program (CTP) for Disbursing Title IV Aid to Students with Intellectual Disabilities expenditure report is the tool for reporting the use of these specific funds. The data is used by the Department to monitor program effectiveness and accountability of fund expenditures. The data is used in conjunction with institutional program reviews to assess the administrative capability and compliance of the applicants.
Federal Agency: Federal Student Aid, Department of Education Applicable Dept.: Student Financial Aid Comments Due: 1/4/2021
Agency Information Collection Activities; Comment Request; Third Party Authorization Form
This is a request for a new information collection for a third-party authorization form to be used by federal student loan borrowers to designate or revoke a designation of an individual or organization to represent the borrower in matters related to their federally held student loans. This form will standardize the way that borrowers provide privacy act releases and authorization for a third party to take action on borrowers’ federal student loan accounts held by various servicers. This will standardize processes and help borrowers and their third-party representatives when loans transfer between servicers. This information collection stems from the Privacy Act of 1974 and the common law legal principles of agency, which is not reflected in the Department’s statute or regulations, but with which the Department must comply or which the Department supports. Federal Agency: Federal Student Aid, Department of Education Applicable Dept.: Student Financial Aid Comments Due: 1/4/2021