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Summary of Federal Laws Relating Colleges and Universities Sorted By Alphabet

A / B / C / D / E / F / G / H / I / J / K / L / M / N / O / P / Q / R / S / T / U / V / W / X / Y / Z

A

Age Discrimination Act of 1975 (Students)

The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The Act, which applies to all ages, permits the use of certain age distinctions and factors other than age that meet the Act's requirements. The Age Discrimination Act is enforced by theUnited States Department of Labor, Civil Rights Center.

Age Discrimination in Employment Act of 1967 (ADEA) (part of Fair Labor Standards Act of 1938)

The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC).

American Jobs Creation Act of 2004

The American Jobs Creation Act of 2004 was designed to benefit domestic manufacturers, multinational corporations and other entities, as well as agriculture and the energy sector. The American Jobs Creation Act of 2004 has over 270 provisions that provide tax cuts in many areas but are also designed to raise substantial revenue over time.

American Recovery and Reinvestment Act of 2009

The American Recovery and Reinvestment Act (ARRA) or Stimulus Package, contains extensive funding for science, engineering research and infrastructure, and more limited funding for education, social sciences and the arts.

Americans with Disabilities Act of 1990 (ADA) (Employment)

The Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications, and states that a covered entity shall not discriminate against a qualified individual with a disability. This applies to job application procedures, hiring, advancement and discharge of employees, worker's compensation, job training, and other terms, conditions, and privileges of employment.

Americans with Disabilities Act of 1990 (ADA) (Students)

The Americans with Disabilities Act guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications, and states that a covered entity shall not discriminate against a qualified individual with a disability. The Act applies to job application procedures, hiring, advancement and discharge of employees, worker's compensation, job training, and other terms, conditions, and privileges of employment.

Animal Welfare Act

The Animal Welfare Act, signed into law in 1966, regulates the treatment of animals in research, exhibition, transport, and by dealers and is enforced by the United States Department of Agriculture (USDA) and the Animal and Plant Health Inspection Service (APHIS). Click here for more information.

Anti-Kickback Act of 1986

The Anti-Kickback Act of 1986 prohibits any persons or entities involved in government contracting from offering, accepting or attempting to accept inducements for favorable treatment in awarding contracts for materials, equipment or services of any kind. The act imposes criminal penalties on any person who knowingly and willfully engages in the prohibited conduct, and requires that any organization which enters into contracts with the federal government have in place procedures to guard against the possibility of kickbacks in connection with those contracts.

Antitrust Act of 1890, Sherman; see also Clayton Act (amended by the Robinson-Patman Act)

No information

Atomic Energy Act

The Atomic Energy Act provides for both the development and the regulation of the uses of nuclear materials and facilities in the United States for the purpose of promoting world peace, improving the general welfare, increasing the standard of living, and strengthening free competition in private enterprise.

Visual Artists Rights Act of 1990

The Visual Artists Rights Act of 1990 is part of the Copyright Act and The Visual Artists Rights Act (VARA) protects an artist’s moral rights regarding his or her artwork- the right to correct attribution and the right of artistic integrity. These rights are separate from ownership of the work itself and from the copyright to the work, which includes the right to reproduce, broadcast, display and/or perform the work in public.

B

Bankruptcy Reform Act of 1978 and 1990 Amendments

The Bankruptcy Reform Act prohibits employment discrimination against anyone who has declared bankruptcy.

Bayh-Dole Act of 1980 (Patent Rights in Inventions Made with Federal Assistance)

Establishes a uniform policy for the disposition and licensing of rights to patentable inventions discovered in the course of federally-funded research, and allows for the transfer of exclusive control over many government funded inventions to universities and businesses operating with federal contracts for the purpose of further development and commercialization. The contracting universities and businesses are then permitted to exclusively license the inventions to other parties. The federal government, however, retains “March-in” rights to license the invention to a third party, without the consent of the patent holder or original licensee, where it determines the invention is not being made available to the public on a reasonable basis.

Biological Products, Public Health Service Laws on Quarantine, Inspection and Licensing of

No information

Bioterrorism (Public Health Security & Bioterrorism Preparedness and Response Act of 2002)

No information

Bond Financed Facilities: Use of

(26 USC § 141 et seq)Exempt organizations financed through certain bonds must take care to ensure that funds are used for the exempt purpose of the organization to ensure that tax free treatment.

Buckley Amendment -- see Family Educational Rights and Privacy Act of 1974 (FERPA)

The Buckley Amendment establishes the rights of students to inspect and review their education records, prevent the release of educational records to third parties without permission of the student, and to provide guidelines for the correction of inaccurate or misleading data through formal and informal hearings.

Byrd Amendment (Lobbying)

The Byrd Amendment restricts certain federal contractors’ lobbying activities.

C

CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography & Marketing Act of 2003)

The CAN-SPAM Act sets the rules for commercial email, and establishes requirements for commercial messages. Under the Act, recipients of such commercial emails have the right to disallow any commercial messages and sets forth tough penalties for violations.

Cafeteria Plans (Tax)

A cafeteria plan is a written plan maintained that meets the specific requirements and regulations of section 125 of the Internal Revenue Code and provides participants an opportunity to receive certain benefits on a pretax basis.

Campus Security Act of 1990

Compliance

(20 U.S.C. § 1092(a)(1) (O ) and § 1092 (f) (5) and 34 C.F.R. § 668.46 and § 668.41)
The Campus Security Act requires colleges to report campus crime statistics and security measures to all students and employees by October 1 of each year. The annual security report must also be submitted to the Secretary of Education (over the internet) by Oct. 15th of each year.

Campus Sex Crimes Prevention Act

Compliance

(Pub. L. No. 106-386 and 42 U.S.C. § 14071j and 20 U.S.C. § 1092(f)(1)(I))
Notification may be accomplished by adding the statement to the Annual Security Report required by the Campus Security Act. Suggested deadline of Oct. 1 of each year to coincide with Annual Security Report. The notice requirement is ongoing.

Campus Sexual Assault Victim Bill of Rights (amends the Campus Security Act of 1990)

Compliance

(20 U.S.C. § 1092(a)(1) (O ) and § 1092 (f) (5) and 34 C.F.R. § 668.46 and § 668.41)
The Campus Security Act requires colleges to report campus crime statistics and security measures to all students and employees by October 1 of each year. The annual security report must also be submitted to the Secretary of Education (over the internet) by Oct. 15th of each year.

Certification of Principals for Federal Funding

Colleges and universities receiving federal funding are required to make certain certifications. The applicant for federal funding must certify, among other things, that neither it nor its principals have been debarred or suspended from participating in any federal program, and that they have not been convicted of or had civil judgments entered against them for fraud or certain other offenses.

Charitable Contributions, Donee Responsibilities with Respect to (Tax)

US Internal Revenue Code states that charities (donees) must provide timely written disclosure statements to contributors (donors) who make payments described as “quid pro quo” contributions in excess of $75.

Charitable Gift Annuity Antitrust Relief Act of 1995

The Charitable Gift Annuity Antitrust Relief Act’s purpose is to exempt gift annuity rates from antitrust laws. Sec. 2(a) states that two or more persons described in Sec. 501(c)(3) shall be permitted to “use, or to agree to use, the same annuity rate for the purpose of issuing one or more charitable gift annuities.”

Charitable Solicitations, State Laws Regulating

Many states have laws regulating the solicitation of funds for charitable purposes. These statutes generally require organizations to register with a state agency before soliciting the state’s residents for contributions, providing exemptions from registration for certain categories of organizations. In addition, organizations may be required to file periodic financial reports.

Chemical Facilities, Security of High Risk

Establishes risk-based performance standards for the security of our nation’s chemical facilities and requires covered chemical facilities to prepare security vulnerability assessments, which identify facility security vulnerabilities, and to develop and implement site security plans, which include measures that satisfy the identified risk-based performance standards.

Civil Rights Act of 1866 (Employment)

No information

Civil Rights Act of 1866 (Students)

No information

Civil Rights Act of 1964 (Title VI and Title VII) (Employment)

The Civil Rights Act of 1964 outlawed discrimination against persons of color and women, and ended racial segregation in the United States.

Civil Rights Act of 1964, Title VI (Students)

No information

Civil Rights Act of 1991 (amends Title VII)

The Civil Rights Act of 1991 was a response to a series of United States Supreme Court decisions which limited the rights of employees who had sued their employers for discrimination. The Act represented the first effort since the passage of the Civil Rights Act of 1964 to modify some of the basic procedural and substantive rights provided by federal law in employment discrimination cases.

Civil Rights Attorney's Fees Awards Act of 1976

The Civil Rights Attorney's Fees Award Act allows Federal courts to award reasonable attorneys' fees to a prevailing party in certain civil rights cases. The Act was designed to create an enforcement mechanism for the nation's civil rights laws without creating an enforcement bureaucracy.

Civil Rights Restoration Act of 1987

The Civil Rights Restoration Act of 1987 expanded the coverage of previously enacted federal statutes prohibiting discrimination in employment and other areas.

Civil Rights Tax Relief Act of 2004

The Civil Rights Tax Relief Act is part of The American Jobs Creation Act of 2004 and was signed into law on October 22, 2004.

Clayton Act (amended by the Robinson-Patman Act)

Prohibits anticompetitive practices in the marketplace.

Clean Water Act

Governs water pollution and seeks to eliminate the releases of toxic substances into water.

Clergy Housing Allowance Clarification Act

No information

COBRA, Health Care Continuation Coverage Requirements (amended by the Health Insurance Portability and Accountability Act of 1996 (HIPAA))

Provides certain former employees, retirees, spouses, former spouses, and dependent children the right to temporary continuation of health coverage at group rates following specific events.

Communications Act of 1934 (amended by the Telecommunications Act of 1996)

The Communications Act of 1934 established the Federal Communications Commission (FCC) and transferred regulation of interstate telephone services from the Interstate Commerce Commission to the FCC.

Communications Privacy Act of 1986, Electronic (ECPA)

The Electronic Communications Privacy Act sets forth provisions for access, use, disclosure, interception and privacy protections of electronic communications.

Community Improvement Volunteers Act of 1994

No information

Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) (amended by the Superfund Amendments and Reauthorization Act (SARA))

Enacted on December 11, 1980, this law creates a tax on the chemical and petroleum industries and provides the government with broad authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.

Computer Law -- see Miscellaneous Laws (Useful Sites for Higher Education)

No information

Confidentiality of Patient Records

No information

Conflict of Interest Policy as "required" by IRS

No information

Constitution Day (Consolidated Appropriations Act of 2005)

Constitution Day is an American federal observance that recognizes the ratification of the United States Constitution and those who have become U.S. citizens. It is observed on September 17, the day the U.S. Constitutional Convention signed the Constitution in 1787.

Contract Work Hours and Labor Standards Act

The CWHSSA applies to federal service contracts and federal and federally assisted construction contracts over $100,000. The Act requires payment of minimum wage and overtime to laborers and mechanics on government contracts. Employers are required to notify employees of hazards in the workplace, describe hazards, symptoms and precautions. Includes contracts for work financed in whole or in part by loans or grants from the U.S. or any agency.

Controlled Substance Act of 1970

Compliance

(21 U.S.C. 827; 21 CFR § 1304.33)
Reporting obligations for those registered to manufacture and distribute controlled substances. By Jan. 15th of every year, file reports with data on the stocks of each controlled substance on hand by close of business on Dec. 31 of prior year. Manufacturing transaction reports are also to be filed by Jan. 15th for prior calendar year.
Acquisition/Distribution reports shall be filed every quarter not later than the 15th day of the month succeeding the quarter for which it is submitted.

Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN SPAM Act)

No information

Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act)

The CREATE Act of 2004 was enacted to promote collaborative research, particularly between industry and university scientists. This Act allows for the sharing of confidential information under a joint research agreement that may be in effect on or before the date of an invention and states that sharing such information shall not be the basis of an obviousness determination under the patent law.

Copeland Anti-Kickback Act

The Copeland Anti-Kickback Act generally prohibits federal contractors or subcontractors engaged in building construction or repair from inducing an employee to give up any part of the compensation to which he or she is entitled under his or her employment contract, and requires such contractors and subcontractors to submit weekly statements of compliance.

Copyright -- see Miscellaneous Laws Affecting Universities

No information

Copyright Act of 1998, Digital Millennium

The Digital Millennium Copyright Act, signed into law on October 28, 1998, provides in part certain limitations on the liability of online service providers (OSPs) for copyright infringement

Copyright Law (1976), General Revision of the; and Judicial Improvement Act of 1990

Provides creators of original works the sole right to reproduce all or part of the work, distribute copies, prepare new (derivative) versions of the work, and perform and display the work publicly. Copyright protection governs “original works of authorship fixed in any tangible medium of expression” and protects both published and unpublished works.

Copyright Term Extension Act of 1998, Sonny Bono

Signed into law on October 27, 1998, this law extends by 20 years the length of protection afforded to copyrighted works, and thus lengthens the amount of time it will take for a work to enter the public domain. This legislation lengthens copyrights for works created on or after January 1, 1978 (the effective date of the 1976 copyright legislation) to “life of the author plus 70 years,” and extends copyrights for corporate, anonymous or pseudonymous works to 95 years from the year of first publication, or 120 years from the year of creation, whichever expires first.

Credit -- See Fair Credit Reporting Act

The Fair Credit Reporting Act, which is a subchapter of the Consumer Credit Protection Act (15 U.S.C. § 1601 et seq.) requires employers to advise applicants if employment was denied based on a credit report.

D

Davis Bacon Act (Government Contracts)

Governs rate of pay requirements for employees working under federal construction contracts over $2,000. The Act requires contractors to pay their employees a specified minimum wage determined by the Secretary of Labor to be prevailing for similar work in that geographic area.

Debt Structure (Tax)

The IRS will look at the type of bond issued for the university’s benefit, and whether the funds are being used for exempt purpose or private activity. Generally, if a bond financed facility is used by an exempt organization for purposes not related to its exempt purpose, the use may be treated as impermissible private use under certain circumstances.

Digital Millennium Copyright Act of 1998

See Copyright Act of 1998, Digital Millennium Copyright Act (above).

Direct Loan Program, Wm. D. Ford Federal

Direct Loan Program provides low-interest loans to students where the U.S. Department of Education is the sole lender and borrowers repay the Department under the following four programs: the Federal Direct Stafford/Ford Loan; the Federal Direct Unsubsidized Stafford/Ford Loan; the Federal PLUS Loan; and the Federal Direct Consolidation Loan.

Discrimination

See Employment

See Students

Donee Responsibilities with Respect to Charitable Contributions (Tax)

States that charities (donees) must provide timely written disclosure statements to contributors (donors) who make payments described as “quid pro quo” contributions in excess of $75. See Quid Pro Quo Rules.

Drug-Free Schools and Communities Act Amendments of 1989 (amends the Higher Education Act)

Compliance

(20 U.S.C. § 1011i and 34 C.F.R. § 86.100)
Annual distribution to students and employees the institution's standards of conduct with respect to illegal drugs and alcohol, a description of the applicable legal sanctions and health risks; as well as availability of drug and alcohol counseling available to employees and students. Must also include a statement on sanctions the institution will impose for violation of the standards of conduct. The law does not mandate a particular date for distribution, but suggested distribution is to make this information part of the Annual Security Report distribution of which is required by October 1st of each year.

Drug-Free Work Place Act of 1988

Compliance
(20 U.S.C. § 1011i and 34 C.F.R. § 86.100)
Annual distribution to students and employees the institution's standards of conduct with respect to illegal drugs and alcohol, a description of the applicable legal sanctions and health risks; as well as availability of drug and alcohol counseling available to employees and students. Must also include a statement on sanctions the institution will impose for violation of the standards of conduct. The law does not mandate a particular date for distribution, but suggested distribution is to make this information part of the Annual Security Report distribution of which is required by October 1st of each year.

E

Education Amendments of 1972, Title IX (Employment)

Compliance
(20 U.S.C. § 1011f)
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Education Amendments of 1972, Title IX (Students)

Compliance
(20 U.S.C. § 1011f)
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Education Amendments of 1976 -- see Higher Education Act of 1965, Education Amendments of 1976, Higher Education Amendments of 1992, and 1998, Title IV

Compliance
(20 U.S.C. § 1011f)
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Electronic Communications Privacy Act of 1986 (ECPA)

The ECPA amended Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (the Wire Tap Statute), which was designed to protect communications from government surveillance. The law also regulates private individuals and businesses.

Electronic Fund Transfers, Regulation E

Law designed to protect consumers making electronic fund transfers. The term “electronic fund transfer” (EFT) generally refers to a transaction initiated through an electronic terminal, telephone, computer, or magnetic tape that instructs a financial institution either to credit or to debit a consumer's asset account.

Electronic Signatures in Global and National Commerce Act

This law provides that a signature, contract or other record may not be denied legal effect, validity or enforceability solely because it is in electronic form or because an electronic signature was used in its formation. The law does not require anyone to use an electronic signature, and it also does not deny anyone the right to determine the means for authenticating an electronic signature. Records required to be kept by federal, state or local law may now be retained in electronic format if the record remains accessible to all who are entitled to access it, and it is in a form that can be retrieved for later reference. ESIGN applies to transactions in interstate or foreign commerce.

Emergency Planning and Community Right-to-Know Act (EPCRA)

Compliance
(42 U.S.C. §§ 11021 and 11022; 40 CFR §370.21 and 370.25)
By March 1st of each year, the owner or operator of any facility which is required to prepare or have available a material safety data sheet for a hazardous chemical under OSHA shall prepare and submit an emergency and hazardous chemical inventory format the appropriate local emergency planning committee; the state emergency response commission; and the fire department with jurisdiction over the facility.

Employee Polygraph Protection Act of 1988

The Polygraph Protection Act applies to most private employers and prohibits private employers from using lie detector tests in connection with employment.

Employee Retirement and Income Security Act (ERISA)

Compliance
(29 USC § 1024; 29 CFR § 2520.104a-5; 29 CFR § 2520.104b-10)
The administrator of an employee benefit plan must file a form 5500 within 210 days after the close of the plan year. Thus, if the plan year is the same as the calendar year, and ends Dec. 31, then the filing deadline is July 31 of the next year. An extension of the filing deadline of up to two-and-a-half months can be obtained by using form 5558. If the plan year and tax year are the same, and you obtain an extension for filing the institution's tax return, then the deadline for the 5500 is automatically extended as well.
A summary annual report must be sent to each plan participant and beneficiary receiving benefits within nine months of the end of the plan year. If the institution obtains an extension for filing the 5500, the extension for distributing is extended to two months after the filing of the form 5500. Cross reference should be made to the TIAA-CREF ERISA 5500 Calendar for due dates and extension dates specific plan year ends.

Employment

No information

Employment Based Non -Immigrant Classifications

No information

Employment Eligibility, Verification of

The Immigration Reform and Control Act of 1986 requires employers to verify that individuals hired after November 7, 1986 are legally entitled to work in the U.S. The 1986 amendments prohibit employers from knowingly hiring undocumented aliens and authorize fines of up to $2,000 for each illegal hire.

Environmental Laws

No information

Equal Employment Opportunity -- see Employment

Prohibits employment discrimination on the basis of race, color, religion or national origin.

Equal Pay Act of 1963 (part of the Fair Labor Standards Act of 1938)

This Act prohibits gender discrimination in compensation or benefits for women and men who work in the same establishment and perform jobs that require equal skill, effort, and responsibility, and which are performed under similar conditions.

Equity in Athletics Disclosure Act of 1994

Compliance
(20 U.S.C. § 1092g; 34 C.F.R. §§ 668.41 and 47)
Each coed institution of higher education that participates in Title IV programs, and has an intercollegiate athletic program, must no later than Oct. 15th of each year, make available on request to enrolled students, prospective students, and the public, the report required to be produced under this law. Within 15 days of making the report available to students, prospective students, and the public (so at the latest Oct. 30th of each year) the school must submit the report to the Secretary of Education.

Ethics in Government Act of 1978 (amended by the Ethics Reform Act of 1989)

Members of Congress and officers and employees of the executive, legislative, and judicial branches are barred from soliciting or accepting anything of value from anyone seeking official action from, doing business with, or conducting activities regulated by the individual's employing entity or whose interests may be substantially affected by the performance or nonperformance of the individual's official duties.

Executive Orders 11246 and 11375 (Equal Employment Opportunity)

Compliance
(41 CFR§ 60-1.7)
Contractors and subcontractors with 50 or more employees or who have a contract, subcontract, or purchase order with the federal government amounting to $50,000 or more must file the IPEDS forms as required each year. This is what is used by IHE's in place of EEO-6 forms.

Export Administration Act (EAA) and the Arms Export Control Act (AECA)

The EAA laws control U.S. exports for among other reasons, national security and foreign policy. The EAA and the EAR control the export of dual-use goods and technology (items and technical information that have both commercial and military purposes) and the AECA and ITAR control the export of products and technology with primarily military, intelligence or defense-oriented purposes.

F

FACT ACT (Fair and Accurate Credit Transactions Act)

The Fair Credit Reporting Act of the Consumer Credit Protection Act (15 U.S.C. § 1601 et seq.) allows consumers to request and obtain a free credit report once every twelve months from each of the three nationwide consumer credit reporting companies (Equifax, Experian and TransUnion). The Act also contains measures to help reduce identity theft. Under the Act, employers must advise applicants for employment if employment was denied based on a credit report.

Fair Credit Reporting Act (FCRA) (amended by the Consumer Credit Reporting Reform Act of 1996)

No information

Fair Housing Act Amendments of 1988

The Fair Housing Act prohibits discrimination in housing based upon race, color, national origin, religion, sex, familial status or disability.

Fair Labor Standards Act of 1938 (FLSA)

The FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

False Claims Act (sometimes called The Whistleblower Law)

Law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. The law includes a qui tam provision that allows people who are not affiliated with the government to file actions on behalf of the government.

Family and Medical Leave Act of 1993 (FMLA)

Provides qualified employees with up to 12 weeks of unpaid leave in any 12-month period for the following the birth of a child and its care during the first year, the adoption of a child or placement in the employee’s home of a foster child, the care of the employee’s spouse, child or parent with a serious health condition, or the serious health condition of the employee.

Family Education Loan Program, Federal

This is the umbrella name for loan programs known as Federal Stafford Loan, Federal Unsubsidized Stafford Loan, and Federal PLUS Loan Program).

Family Educational Rights and Privacy Act of 1974 (FERPA) (also known as the Buckley Amendment)

Compliance
(20 U.S.C. § 1232g(e); 34 CFR § 99.7 and distribution also referred to in 20 U.S.C. § 1092(a))
Each educational agency or institution shall annually notify students currently in attendance of their rights under FERPA. Notification of these rights concurrent with fall registration is suggested, as the student needs to be told what information the student has identified as directory information and notified of his/her opportunity to place a hold on release of directory information.

Federal Acquisition Regulation (FAR)

FARs are the principal set of rules in the Federal Acquisition Regulation System, which consists of sets of regulations issued by agencies of the to govern the process through which the government purchases goods and services.

Federal Acquisition Streamlining Act of 1994 (FASA)

The Federal Acquisition Streamlining Act of 1994 (FASA), signed into law on October 13, 1994, is an interim rule for simplified acquisition procedures and FACNET was issued July 3,1995. This interim rule replaced regulation provisions pertaining to “small purchases.” By the government.

Federal Depository Library Program

Institutions designated as federal depositories under this law must make government publications available for the free use of the general public. The materials may be disposed of after retention of five years, under 44 U.S.C. § 1912, if the depository library is served by a regional depository library and if they first offer the publications to depository libraries in their area, then to other libraries.

Federal Direct Loan Program, Wm. D. Ford

No information

Federal Family Education Loan Program

No information

Federal Food, Drug and Cosmetic Act

Gives the authority to the U.S. Food and Drug Administration (FDA) to oversee the safety of food, drugs, and cosmetics.

Federal Insecticide, Fungicide, and Rodenticide Act

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. All pesticides distributed or sold in the United States must be registered (licensed) by EPA.

Federal Insurance Contributions Act (FICA)

Payroll tax imposed by the federal government on both employees and employers to fund Social Security and Medicare programs that provide benefits for retirees, the disabled, and children of deceased workers.

Federal Pell Grant Program

Provides grants to eligible undergraduate students to help meet the costs of college. Students may not receive Federal Pell Grant funds from more than one school at a time.

Federal Perkins Loan Program

Compliance
(26 U.S.C. § 6050S; 26 CFR 1.6050S-3 and 26 CFR 1.6050S-4T [see 67 Fed. Reg. 20901 final and temporary regulations])
Under I.R.C. § 6050S lenders, including most colleges and universities that participate in the Perkins Loan Program or operate institutional loan programs, must report student loan interest payments to the IRS. This is done by filing Form 1098-E, which must be filed with the IRS on or before February 28, or March 31 if filed electronically. The required statement to all persons who made student loan interest payments must be sent to the payor on or before Jan. 31 of the year following the calendar year in which the interest payments were received. The statement may simply be a copy of Form 1098-E.

Federal PLUS Loan Program

Provides low-interest loans to enable parents with good credit histories to borrow for each child enrolled at least half-time in participating schools. PLUS Loans are available through the Federal Family Education Loan (FFEL) Program and the William D. Ford Federal Direct Loan (Direct Loan) Program.

Federal Policy on Recombinant DNA

Any institution that sponsors recombinant DNA research that is covered by the National Institutes of Health (NIH) guidelines must make sure that the appropriate level of review occurs by the Institutional Biosafety Committee, and that any required petitions are submitted to the NIH.

Federal Property and Administrative Services Act of 1949

The Federal Property and Administrative Services Act of 1949 is a United States federal law that established the General Services Administration (GSA). The act also provides for various Federal Standards to be published by the GSA.

Federal Rules of Civil Procedure Related to Discovery and Electronically Stored Information

Federal rules recently amended to clarify the process of retrieving, saving and producing electronically stored information in anticipation of and during litigation. The rules impose an obligation to identify data that is potentially relevant and reasonably accessible, as well as data that may be relevant but not accessible

Federal Sentencing Guidelines for Organizations; Revised

The revised U.S. Federal Sentencing Guidelines require organizations to “promote an organizational culture that encourages a commitment to compliance” through ethics training programs.

Federal Stafford Loan

Provides low-interest, variable-rate loans made by a lender such as a bank, credit union, savings and loan association and, sometimes, a school. Loans are insured by a guaranty agency and reinsured by the federal government.

Federal Supplemental Educational Opportunity Grant

Provides supplemental grants to assist students who show exceptional financial need and who have not received first undergraduate degrees.

Federal Tax Law (Students)

No information

Federal Trade Commission Act

Authorizes the Federal Trade Commission to issue cease and desist orders to large corporations to curb unfair trade practices.

Federal Unemployment Tax Act (FUTA)

FUTA, together with state unemployment systems, provides for payments of unemployment compensation to workers who have lost their jobs.

Federal Unsubsidized Stafford Loan

Provides loans to undergraduate and graduate students regardless of financial need, with a variable interest rate, changing annually on July 1, and is the same rate offered under the Federal Stafford Loan.

Federal Volunteer Protection Act

This law partially immunizes individual volunteer workers for non-profit organizations and governmental entities from liability for acts of negligence in the course of their volunteer work.

Federal Work-Study Program

Contains the requirements universities must follow when participating in the federal grants for work-study programs. The law and regulations for the federal work-study program contain prohibitions on using the funds for “sectarian” or religious purposes.

FERPA -- see Family Educational Rights and Privacy Act of 1974 (a/k/a Buckley Amendment)

Compliance
(20 U.S.C. § 1232g(e); 34 CFR § 99.7 and distribution also referred to in 20 U.S.C. § 1092(a))
Each educational agency or institution shall annually notify students currently in attendance of their rights under FERPA. Notification of these rights concurrent with fall registration is suggested, as the student needs to be told what information the student has identified as directory information and notified of his/her opportunity to place a hold on release of directory information.

Financial Aid Programs

Provides grants to eligible undergraduate students who have not received degrees to help meet the costs of college.

Financial Services Modernization Act (The Gramm-Leach-Bliley Act)

This law regulates the disclosure of non-public personal information by financial institutions. Specifically, the law protects consumers or customers who are “individuals obtaining financial products or services to be used primarily for personal, family or other household purposes.”

Financing Guidelines, Antiterrorist : U.S. Department of the Treasury: Voluntary Best Practices for Charities

In November of 2002, the U.S Treasury Department's Executive Office for Terrorist Financing and Financial Crime issued Voluntary Best Practices for U.S. based charities. An updated version of the guidelines was issued on Sept. 29, 2006. These guidelines were drafted in response to concerns expressed by the Arab American and Muslim communities that saw a decline in charitable contributions in the aftermath of the Treasury Department’s blocking actions against three of the communities’ charities.

Fire Safety Act of 1990, Hotel and Motel

Compliance
Opportunity Act of 2008; 20 USC 1092(i) Report to Secretary of Education)
Requires that 90 percent of all federal travel room nights and 100 percent of all federal meetings must be at “fire safe” properties. To meet the requirements of the Act, a hotel must have hard wired smoke detectors, and if the property is three or more stories, the property must have an adequate sprinkler system. To prove compliance with the Act, a property must be on the Hotel & Motel National Master List.

Fire Safety Standards, Disclosure and Methods

Compliance
Opportunity Act of 2008; 20 USC 1092(i) Report to Secretary of Education)
The statistics set forth in the HEOA of 2008 must be reported to the Secretary of Education on an annual basis.

Florence Agreement

UNESCO experts meeting in Florence, Italy in the early 1950s adopted the terms of an international agreement to promote international understanding and peace by lowering barriers to the exchange of cultural, scientific and educational materials, most importantly by waiving tariffs on such materials. The agreement covers diverse categories: books and other printed materials, art and museum pieces, tourism materials, audiovisual materials and the like. Annex D of the agreement covers scientific instruments and apparatus. The US became a party to this Agreement in 1966.

Food, Drug and Cosmetic Act, Federal

No information

Ford Federal Direct Loan Program, Wm. D.

No information

Foreign Bank Accounts

US institutions and citizens that have an ownership interest in foreign bank accounts, or US citizens with signature authority over a foreign bank account are required to file form TD F 90.22-1 (FBAR)

Foreign Exchange Students and Scholars--see Mutual Educational & Cultural Exchange Act of 1961

Regulates foreign exchange students and scholars, who are in the United States on J visas.

Foreign Source Interests, Disclosure Requirements on -- see Higher Education Act of 1965 and Higher Education Amendments of 1998

Compliance
(20 U.S.C. § 1011f (see also January))
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Fringe Benefits (Tax)

Any property or service (or cash under certain circumstances) provided to an employee in addition to or in lieu of regular wages will be a taxable fringe benefit to the employee, unless specifically excluded by statute.

G

General Education Provisions Act

Compliance
(20 U.S.C. §§ 1092(a) and 1094; 34 C.F.R. §§ 668.42 and 668.43 et seq)
The institution must publish and make readily available to current and prospective students information on the entire Federal, State, local, private and institutional financial assistance programs available to students who enroll at the institution. Institutional information must also be made available as well. No deadline specifically enumerated, but September 1 is suggested.

General Provisions Relating to Student Assistance Programs (Program Participation Agreements)

Compliance
(20 U.S.C. §§ 1092(a) and 1094; 34 C.F.R. §§ 668.42 and 668.43 et seq)
The institution must publish and make readily available to current and prospective students information on the entire Federal, State, local, private and institutional financial assistance programs available to students who enroll at the institution. Institutional information must also be made available as well. No deadline specifically enumerated, but September 1 is suggested.

General Revision of the Copyright Law (1976) and Judicial Improvement Act of 1990

No information

Genetic Information Nondiscrimination Act of 2008 (GINA)

An Act of Congress designed to prohibit the improper use of genetic information in health insurance and employment. The Act prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future. The legislation also bars employers from using individuals' genetic information when making hiring, firing, job placement, or promotion decisions.

Gift Rule LII, U.S. House of Representatives

Prohibits acceptance of gifts by members, officers and employees, unless the gift meets one of the many exceptions.

Gift Rule XXXV, U.S. Senate

Prohibits a member, officer, or employee of the Senate from knowingly accepting a gift except as provided in this rule. There are a number of exceptions.

Government Contracts

Colleges and universities receiving federal funding are required to make certain certifications. The applicant for federal funding must certify, among other things, that neither it nor its principals have been debarred or suspended from participating in any federal program, and that they have not been convicted of or had civil judgments entered against them for fraud or certain other offenses.

Gramm-Leach-Bliley Act (Financial Services Modernization Act)

This law regulates the disclosure of non-public personal information by financial institutions. Specifically, the law protects consumers or customers who are ‘individuals obtaining financial products or services to be used primarily for personal, family or other household purposes.’

H

Hazardous and Solid Waste Amendments of 1984

Compliance
(49 USCS § 5108; 49 CFR § 107.608)
Each person who transports or causes to be transported hazardous material shall file annually a complete and accurate registration statement on DOT Form F 5800.2 not later than June 30 for each registration year. Each registration year begins on July 1 and ends on June 20.

Hazardous Materials Transportation Act of 1994

Compliance
(49 USCS § 5108; 49 CFR § 107.608)
Each person who transports or causes to be transported hazardous material shall file annually a complete and accurate registration statement on DOT Form F 5800.2 not later than June 30 for each registration year. Each registration year begins on July 1 and ends on June 20.

Health Education Assistance Loan Program

The Health Education Assistance Loan (HEAL) Program facilitates educational loans to graduate students in the healthcare field. The Secretary of the Department of Education insures the lenders for loss.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

This law is intended to improve health insurance availability for those persons who lose coverage as a result of job change or loss, and also imposes certain privacy and efficiency standards on covered entities.

Higher Education Act of 1965 and Higher Education Amendments of 1998 (Disclosure Requirements on Foreign Source Interests)

Compliance
(20 U.S.C. § 1011f)
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Higher Education Act of 1965 as amended (financial aid programs)

Compliance
(20 U.S.C. § 1011f)
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Higher Education Act of 1965 as amended (Program Participation Agreements and Reporting Requirements)

Compliance
(20 U.S.C. § 1011f)
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Higher Education Opportunity Act of 2008

Compliance
(20 U.S.C. § 1011f)
By January or July 31 of each year, whichever is sooner depending on the time of the gift, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. The institution shall file a disclosure report with the Department of Education for gifts and contracts of $250,000 or more received within a calendar year.

Historic Preservation Act of 1996, National

The National Historic Preservation Act of 1996, in part, established a nationwide program of financial and technical assistance to preserve historic properties. Activities involving construction, acquisition, or modification of items on registry require coordination with historic preservation officer.

Honest Leadership and Open Government Act of 2007

This law of the United States federal government that amended parts of the Lobbying Disclosure Act of 1995. It strengthens public disclosure requirements concerning lobbying activity and funding, places more restrictions on gifts for members of Congress and their staff, and provides for mandatory disclosure of earmarks in expenditure bills.

Hotel and Motel Fire Safety Act of 1990

Fire prevention and control guidelines, set forth at 15 U.S.C. § 2225, apply to colleges and universities that hold meetings, conferences, seminars, and other activities sponsored in whole or in part by federal funds. This includes installation of fire and smoke detectors, and sprinkler systems where applicable.

I

IDEA Grants (Personnel Preparation To Improve Services & Results for Children w/ Disabilities)

Grants are distributed under the IDEA (Individuals with Disabilities Education Act, 20 U.S.C § 1400 et seq.) to institutions of higher education so that they may be used for training of personnel to meet the need for qualified personnel in special education, related services, early intervention, and regular education where the primary purpose of being in the classroom is to provide services to children with disabilities.

Immigrant Employment Based Classifications

There are five employment-based permanent residency classifications. Each has specific eligibility criteria and application procedures. The classification pursued can potentially affect the length of time it takes for the international employee to obtain permanent residency.

Immigration and Nationality Act (as amended by the Immigration Reform and Control Act of 1986) (Equal Employment Opportunity)

This law prohibits discrimination because of national origin against U.S. citizens, U.S. nationals, and authorized aliens. The law also prohibits discrimination because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of aliens with work authorization: permanent residents, temporary residents, refugees, and asylees.

Immigration and Nationality Act of 1952 (as amended) (Employment)

The INA as amended sets forth the laws governing the admission and employment of foreign nationals in the US.

Immigration and Nationality Act of 1952 (as amended) (Students)

No information

Independent Contractor (Tax)

No information

Insecticide, Fungicide, and Rodenticide Act, Federal

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. All pesticides distributed or sold in the United States must be registered (licensed) by EPA. Before EPA may register a pesticide under FIFRA, the applicant must show, among other things, that using the pesticide according to specifications “will not generally cause unreasonable adverse effects on the environment.”

Institutional Review Boards (Federal Policy for the Protection of Human Subjects)

Also known as the “Common Rule” the Federal Policy for the protection of human subjects was first published in 1991 and codified in separate regulations by 15 Federal departments and agencies. The HHS regulations, 45 CFR part 46, include four subparts: subpart A, also known as the Federal Policy or the “Common Rule”; subpart B, additional protections for pregnant women, human fetuses, and neonates; subpart C, additional protections for prisoners; and subpart D, additional protections for children. Each agency includes in its chapter of the Code of Federal Regulations [CFR] section numbers and language that are identical to those of the HHS codification at 45 CFR part 46, subpart A. For all participating departments and agencies the Common Rule outlines the basic provisions for IRBs, informed consent, and Assurances of Compliance.

Intellectual Property -- see Miscellaneous Laws Affecting Universities

No information

Intellectual Property Donations: American Jobs Creation Act of 2004

No information

Intermediate Sanctions for Excess Benefits (Tax)

In 1996, Congress created a I.R.C. § 4958, the intermediate sanctions provision for tax-exempt organizations which engage in transactions that result in excess benefit. In general, the term excess benefit transaction means any transaction in which an economic benefit is provided by a tax exempt directly or indirectly to or for the use of a disqualified person if the value of the economic benefit provided exceeds the fair market value of the goods or services the organization receives in return.

Internal Revenue Code (I.R.C.)

A number of I.R.C. sections are relevant to universities.

International Scholars, Inviting and Paying

Within academia, it is a customary practice to give a visiting scholar a nominal monetary gift, generally at a time when the individual has come to campus to engage in some sort of academic activity during which he or she shares his or her expertise. Before extending an honorarium to an international scholar, certain restrictions apply which may make payment illegal.

IRS Good Governance and Info Required on New Form 990

Compliance
(26 U.S.C § 6033 and 26 CFR § 1.6033-2)
Exempt organizations who do not fall under a statutory exception must file an annual return with the Internal Revenue Service. The return must be filed on or before the 15th day of the fifth calendar month following the close of the institution's fiscal year. As the fiscal year at CUA ends on April 30th, the return is due Sept. 15th of each year.

L

Labor Management Relations Act of 1947 (amends the National Labor Relations Act of 1935)

Protects the rights of employees to unionize, etc. Applies to private postsecondary institutions with gross annual revenues of a least $1 million dollars.

Labor-Management Reporting and Disclosure Act of 1959

This Act establishes a set of rights for union members that includes the right to vote, attend meetings, meet and assemble with other members, and freely express views and opinions. The Act also requires all labor unions to adopt a constitution and by-laws and contains certain reporting requirements for labor organizations, their officers and employees.

Lanham Act -- see The Trademark Act of 1946 (amended by Trademark Revision Act of 1988)

The Lanham Act defines the statutory and common law scope of a trademark, the process by which a federal registration can be obtained from the Patent and Trademark Office for a trademark, and penalties for trademark infringement.

Lead-Based Paint Hazard Reduction Act of 1992, Residential

Regulations on the use of lead-based paint in housing may be found at 61 Fed. Reg. 9064 (Mar. 6, 1996). Regulations apply to owners of more than four residential housing units. The units must have been built before 1978.

Legislative and Political Activities (Tax)

In order to maintain their tax-exempt status under 501(c)(3), private colleges and universities must not engage in prohibited political campaign or lobbying activity.

Low-Level Radioactive Waste Policy Amendment Act

This law prohibits the disposal of low-level radioactive waste at current land disposal sites unless your state has taken steps to provide disposal of its low-level radioactive waste.

M

Mandatory Medicare Reporting

Schools must determine if they are Responsible Reporting Entities (RREs) under this new law. This will include any institution that self insures for any portion of its no fault medical payment coverage, and any institution that makes a payment higher than the reporting threshold on or after October 1, 2010 to a Medicare Beneficiary to satisfy a claim involving medical treatment. This could be a deductible, a self-insured retention, or an uninsured loss under auto, general liability, or professional liability.

Marine Mammal Act

Organizations wishing to use marine mammals in research must apply for and receive a permit specifying the number and kind of animals to be used and the period of time for which the permit is requested.

Medical Records Privacy

This law is intended to improve health insurance availability for those persons who lose coverage as a result of job change or loss, and also imposes certain privacy and efficiency standards on covered entities

Military Recruiting -- see Solomon Amendment

The Solomon Amendment was consolidated and codified at 10 U.S.C. § 983 pursuant to Pub. L. No. 106-65, 113 Stat. 512 (1999), § 549 is a re-codification and consolidation of statutes denying Federal grants and contracts by certain departments and agencies to institutions of higher education that prohibit Senior ROTC units or military recruiting on campus.

Military Selective Service Act

This law requires every male citizen of the United States, and all male immigrants residing in the U.S., to register for selective service within 30 days of their 18th birthday. Submission of registration information may be provided as soon as the male turns 17 years old. Permanent residents who start living in the U.S. when they are at least 18, but not yet 26 years old, must register within 30 days of becoming a resident.

Miscellaneous Laws Affecting Universities

Compliance
(29 USC § 1024; 29 CFR § 2520.104a-5; 29 CFR § 2520.104b-10)
The administrator of an employee benefit plan must file a form 5500 within 210 days after the close of the plan year. Thus, if the plan year is the same as the calendar year, and ends Dec. 31, then the filing deadline is July 31 of the next year. An extension of the filing deadline of up to two-and-a-half months can be obtained by using form 5558. If the plan year and tax year are the same, and you obtain an extension for filing the institution's tax return, then the deadline for the 5500 is automatically extended as well.
A summary annual report must be sent to each plan participant and beneficiary receiving benefits within nine months of the end of the plan year. If the institution obtains an extension for filing the 5500, the extension for distributing is extended to two months after the filing of the form 5500. Cross reference should be made to the TIAA-CREF ERISA 5500 Calendar for due dates and extension dates specific plan year ends.

Missing Student Notification Policy and Procedures

Compliance
Any institution participating in a Title IV federal student financial aid program that maintains on campus housing facilities must establish a missing student notification policy and related procedures for those students who live in on campus housing and who have been missing for 24 hours.

Motor Carrier Act of 1980

Law that deregulates the trucking industry. Under the Act, institutions are liable for any pollution-related incident that occurs during the transportation of hazardous material.

Mutual Educational and Cultural Exchange Act of 1961 (Foreign Exchange Students & Scholars)

Regulates foreign exchange students and scholars.

N

National Cooperative Research Act of 1984

The National Cooperative Research and Production Act of 1993 ("NCRPA" or "Act"), 15 U.S.C. §§ 4301-06, is designed to promote innovation, facilitate trade, and strengthen the competitiveness of the United States in world markets by (1) clarifying the applicability of the rule of reason standard to the antitrust analysis of joint ventures and standards development organizations ("SDOs") while engaged in a standards development activity, (2) providing for the possible recovery of attorneys fees by joint ventures and SDOs that are prevailing parties in damage actions brought against them under the antitrust laws, and (3) establishing a procedure under which joint ventures and SDOs that notify the Department of Justice and Federal Trade Commission ("FTC") of their cooperative ventures and standards development activities are liable for actual, rather than treble, antitrust damages. However, this damage limitation provision does not apply to a joint venture's production of a product, process, or service unless (1) the principal facilities for such production are located in the United States or its territories, and (2) each person who controls any party to such venture (including such party itself) is a United States person or a foreign person from a country whose law accords antitrust treatment no less favorable to United States persons than to such country's domestic persons with respect to participation in joint ventures for production. Provisions of this Act may be used to limit the antitrust liability of joint research and development ventures. In antitrust actions against such ventures, the "rule of reason" rather than the "per se rule" applies

National Historic Preservation Act of 1996

The National Historic Preservation Act of 1996, in part, established a nationwide program of financial and technical assistance to preserve historic properties. Activities involving construction, acquisition, or modification of items on registry require coordination with historic preservation officer.

National Labor Relations Act of 1947

Protects the rights of employees to unionize, etc. Applies to private postsecondary institutions with gross annual revenues of a least $1 million dollars.

National Science Foundation Act of 1950

Institutions receiving research money from the National Science Foundation (NSF) must maintain and enforce a written conflict of interest policy and take steps to prevent scientific misconduct.

Native American Graves Protection and Repatriation Act of 1990

This law requires museums, which includes any institution of higher learning that receives federal funds, to identify by inventory by November 16, 1995, any holdings or collections of Native American human remains and associated funerary objects, and to the extent possible, identify the geographical and cultural affiliation of such items.

No Electronic Theft Act

The Act criminalizes the willful infringement of a copyright by sharing, as well as selling, pirated software with a retail value of $1,000 or more. Offenders will be subject to up to five years in prison, and a $250,000 fine.

Non-Discrimination with Respect to Employment -- see Employment

The law prohibits employment discrimination based on race, color, religion, sex, or national origin. Governs any entity with government contracts that total $10,000 or more in a 12-month period.

Non-Discrimination with Respect to Students -- see Students

Title VI prohibits discrimination on the basis of race, color or national origin under any program or activity receiving federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is the provision of employment or where employment discrimination causes discrimination in providing services under such programs.

Nuclear Regulatory Commission (NRC)

Governs the handling, storage, and disposal of radioactive materials. See the General Statement of Policy and Procedures for NRC Enforcement Actions (July 1995) at Appendix C to 10 C.F.R. Part 2.

O

Occupational Safety and Health Act of 1970 (OSHA)

Compliance
(29 U.S.C. § 654 and 29 CFR 1904.32)
By Dec. 31 of each calendar year, the employer must review the OSHA 300 Log to verify entries, create an annual summary of injuries and illnesses, and certify the summary, which must be posted no later than Feb. 1 of the following year and kept in place until April 30.

Older Workers Benefit Protection Act of 1990 (OWBPA) (amends the Age Discrimination in Employment Act of 1967)

Governs the handling, storage, and disposal of radioactive materials. See the General Statement of Policy and Procedures for NRC Enforcement Actions (July 1995) at Appendix C to 10 C.F.R. Part 2.

OMB Circular A-110

OMB Circular A-110 establishes uniform administrative requirements for federal grants and agreements awarded to institutions of higher education, hospitals, and other non-profit organizations. Federal awarding agencies may not impose additional or inconsistent requirements, except as provided

OMB Circular A-133

This circular sets forth the audit standards for colleges and universities

OMB Circular A-21

Establishes cost accounting principles and specifies the allowability of costs.

OMB Circular A-76

Defines when government should use private industry rather than in-house.

OMB Circulars

Administrative policy documents issued by OMB that give instruction to federal agencies on a variety of topics, including the administration of federal grants and cooperative agreements.

Omnibus Transportation Employee Testing Act of 1991

Requires mandatory drug and alcohol testing for certain employees holding commercial driver's licenses who operate commercial motor vehicles. This includes pre-employment (for drugs only), post-accident, reasonable suspicion, return to duty and follow-up testing.

Other Resources

No information

P

Patent Law -- see Bayh-Dole Act of 1980 (Patent Rights in Inventions Made with Federal Assistance)

Establishes a uniform policy for the disposition and licensing of rights to patentable inventions discovered in the course of federally-funded research, and allows for the transfer of exclusive control over many government funded inventions to universities and businesses operating with federal contracts for the purpose of further development and commercialization. The contracting universities and businesses are then permitted to exclusively license the inventions to other parties. The federal government, however, retains "March-in" rights to license the invention to a third party, without the consent of the patent holder or original licensee, where it determines the invention is not being made available to the public on a reasonable basis.

Patient Records, Confidentiality of

No information

PATRIOT Act

No information

Payment Card Industry Data Security Standard

An information security standard for organizations that handle cardholder information for the major debit, credit, prepaid, e-purse, ATM, and POS cards. The standard, which was defined by the Payment Card Industry Security Standards Council, was created to increase controls around cardholder data to reduce credit card fraud via its exposure. Validation of compliance is done annually - by an external Qualified Security Assessor (QSA) for organisations handling large volumes of transactions, or by Self-Assessment Questionnaire (SAQ) for companies handling smaller volumes.

Pell Grant Program, Federal

(Higher Education Act of 1965, Title IV, Part A, Subpart I, as amended.) Provides grant assistance to eligible undergraduate postsecondary students with demonstrated financial need to help meet education expenses. Students may not receive Federal Pell Grant funds from more than one school at a time.

Pension Protection Act

The law is effective for most taxpayers for contributions made after Jan. 1, 2007. The change (Section 1217) requires taxpayers claiming a charitable deduction to maintain records of all monetary contributions. This might be a cancelled check, a print out of an electronic banking report, or a receipt from the charitable organization showing the date and amount of the contribution.

Perkins Loan Program, Federal

Compliance
(26 U.S.C. § 6050S; 26 CFR 1.6050S-3 and 26 CFR 1.6050S-4T [see 67 Fed. Reg. 20901 final and temporary regulations])
Under I.R.C. § 6050S lenders, including most colleges and universities that participate in the Perkins Loan Program or operate institutional loan programs, must report student loan interest payments to the IRS. This is done by filing Form 1098-E, which must be filed with the IRS on or before February 28, or March 31 if filed electronically. The required statement to all persons who made student loan interest payments must be sent to the payor on or before Jan. 31 of the year following the calendar year in which the interest payments were received. The statement may simply be a copy of Form 1098-E.

Personal Responsibility and Work Opportunity Act of 1996

All employers must report all new hires to the state within 20 days of hire. The report must be on a W-4 or an equivalent form, and must include the name, address, and social security number of the employee, and the name, address and Federal Employer ID number of the employer.

Philanthropy Protection Act (1995)

The Philanthropy Protection Act of 1995 requires the charity to provide a disclsoure statement to all annuitants in a Gift Annuity Fund and also to provide the same to all prospective donors at the time of solicitation, using a letter or pamphlet format.

PLUS Loan Program, Federal

Provides low-interest loans to enable parents with good credit histories to borrow for each child enrolled at least half-time in participating schools. PLUS Loans are available through the Federal Family Education Loan (FFEL) Program and the William D. Ford

Policy on Recombinant DNA, Federal

Any institution that sponsors recombinant DNA research that is covered by the National Institutes of Health (NIH) guidelines must make sure that the appropriate level of review occurs by the Institutional Biosafety Committee, and that any required petitions are submitted to the NIH.

Pregnancy Discrimination Act of 1978 (amends Title VII)

Prohibits discrimination on the basis of pregnancy, childbirth, or related illness in employment opportunities, health or disability insurance programs, or sick leave plans.

Privacy Notices-Financial Institutions (The Gramm-Leach-Bliley Act)

This law regulates the disclosure of non-public personal information by financial institutions. Specifically, the law protects consumers or customers who are “individuals obtaining financial products or services to be used primarily for personal, family or other household purposes.”

Privacy of Medical Records

This law is intended to improve health insurance availability for those persons who lose coverage as a result of job change or loss, and also imposes certain privacy and efficiency standards on covered entities

Procurement Integrity

Establishes standards of conduct for competing contractors and government procurement officers. Requires signed certificates of procurement integrity.

Program Integrity Triad

The Program Integrity Triad (TRIAD) is authorized under Title IV, Part H of the Higher Education Act of 1965, as amended. The three components of the TRIAD are State Postsecondary Review Agencies (SPREs), Accrediting Agencies, and the U.S. Department of Education.

Program Participation Agreements

A written agreement between a postsecondary institution and the Secretary of Education, which allows institutions to participate in any of the Title IV student assistance programs other than the State Student Incentive Grant (SSIG) and the National Early Intervention Scholarship and Partnership (NEISP) programs. The PPA conditions the initial and continued participation of an eligible institution in any Title IV program upon compliance with the General Provisions regulations, the individual program regulations, and any additional conditions specified in the program participation agreement that the Department of Education requires the institution to meet. Institutions with such an agreement are referred to as Title IV institutions. Accountability and reporting requirements for institutions participating in financial aid programs for students are set forth at 20 U.S.C. § 1094.

Property and Administrative Services Act of 1949, Federal

The Federal Property and Administrative Services Act of 1949 is a federal law that established the General Services Administration (GSA). The act also provides for various Federal Standards to be published by the GSA, including Federal Standard 1037C.

Public Disclosure Requirements (Tax)

Form 990 is an annual information return required to be filed with the IRS by most organizations exempt from income tax under IRC section 501(a). The Taxpayer Bill of Rights requires public disclosure of certain tax documents filed by tax-exempt organizations.

Public Health Service Act

The Office of Research Integrity (ORI) oversees and directs Public Health Service (PHS) research integrity activities on behalf of the Secretary of Health and Human Services with the exception of the regulatory research integrity activities of the Food and Drug Administration.

Public Health Service Laws on Quarantine, Inspection and Licensing of Biological Products

Facilities that transfer or receive certain biological agents must be registered. Biological agents include viruses, bacteria, rickettsiae, fungi, toxins, and recombinant organisms/molecules. Prior to transfer of any covered agent, a Center for Disease Control (CDC) Form EA-101 must be completed for each transfer.

The Public Health Security and Bioterrorism Preparedness and Response Act

Under this law, all colleges and universities that possess select agents, which are certain biological agents and toxins need to register with the Secretary of the U.S. Department of Health and Human Services.

Q

Qualified Tuition Reductions (Tax)

A qualified tuition reduction is any reduction in tuition provided to an employee for the education of an employee or certain relatives of the employee at the institution the employee works at or another qualified institution.

Quarantine, Inspection and Licensing of Biological Products, Public Health Service Laws on

Facilities that transfer or receive certain biological agents must be registered. Biological agents include viruses, bacteria, rickettsiae, fungi, toxins, and recombinant organisms/molecules. Prior to transfer of any covered agent, a Center for Disease Control (CDC) Form EA-101 must be completed for each transfer.

Quid Pro Quo Rules (Tax)

Payments made partly as a contribution and partly for goods or services are known as "quid pro quo" contributions. For quid pro quo contributions, per I.R.C. § 6115, the charity must furnish disclosure statements when the donation is in excess of $75.
 

R

Recombinant DNA, Federal Policy on

Any institution that sponsors recombinant DNA research that is covered by the National Institutes of Health (NIH) guidelines must make sure that the appropriate level of review occurs by the Institutional Biosafety Committee, and that any required petitions are submitted to the NIH.
 

Records, Confidentiality of Patient

Sets forth the confidentiality requirements for patient records in connection with substance abuse treatment programs. Program under this law means an individual or entity (other than a general medical facility) or an identified unit within a general medical facility who/which holds itself out as providing and provides alcohol, or drug abuse diagnosis, treatment or referral for treatment, or medical personnel or other staff in a general medical care facility whose primary function is the provision of alcohol or drug abuse diagnosis, treatment or referral for treatment and who are identified as such providers.
 

Records, Students -- see Family Educational Rights and Privacy Act of 1974 (FERPA) (also known as the Buckley Amendment)

Regulates the keeping and dissemination of *education records* at all institutions that receive federal funds or who have students receiving federal funds.
 

Regulation E, Electronic Fund Transfers

This law is designed to protect consumers making electronic fund transfers. The term "electronic fund transfer" (EFT) generally refers to a transaction initiated through an electronic terminal, telephone, computer, or magnetic tape that instructs a financial institution either to credit or to debit a consumer's asset account.
 

Rehabilitation Act of 1973 (Section 504) (Students)

The Rehabilitation Act prohibits discrimination on the basis of disability at any federally-funded institution. This covers admissions, recruitment, programs and services.
 

Rehabilitation Act of 1973 (Sections 503 and 504) (Employment)

The Law: Section 503, contained at 29 U.S.C. § 793, requires government contractors with any contract in excess of $10,000 to take affirmative action to employ and advance in employment qualified individuals with disabilities.
 

Required Disclosures under Program Participation Agreements (Financial Aid)

Accountability and reporting requirements for institutions participating in financial aid programs for students are set forth at 20 U.S.C. § 1094.
 

Research Act of 1984, National Cooperative

Provisions of this Act may be used to limit the antitrust liability of joint research and development ventures. In antitrust actions against such ventures, the "rule of reason" rather than the "per se rule" applies.
 

Research and Contracts (Tax)

An audit would include a look at research activities for private inurement, private benefit and unrelated business income. A determination will be made as to whether the research conducted is in fact research or is merely an activity incident to commercial enterprise.
 

Research Misconduct -- see The National Science Foundation Act of 1950 and The Public Health Service Act

Compliance
Once established, institutions maintain their assurance by filing the Annual Report on Possible Research Misconduct (between January 1 and March 1 each year), submitting their policy for responding to allegations of research misconduct for review when requested by ORI, revising their policy when requested by ORI to bring the policy into compliance with the PHS regulation, and complying with the PHS regulation.
 

Residential Lead-Based Paint Hazard Reduction Act of 1992

Regulations on the use of lead-based paint in housing may be found at 61 Fed. Reg. 9064 (Mar. 6, 1996). Regulations apply to owners of more than four residential housing units. The units must have been built before 1978.
 

Resource Conservation and Recovery Act of 1976

Regulates the generation, transportation, storage, and disposal of hazardous waste. Could be criminal penalties for improper disposal of hazardous substance by a student or an employee. See the Resource Conservation and Recovery Act Civil Penalty Policy issued by Environmental Protection Agency in October 1990 for guidance when responding to a notice of violation.
 

Retirement and Other Deferred Compensation Arrangements (Tax)

This governs I.R.C. § 401(a) plans, § 403(b) annuities and deferred compensation arrangements (either qualified under I.R.C. § 457 or non-qualified).
 

ROTC -- see Solomon Amendment

The Solomon Amendment was consolidated and codified at 10 U.S.C. § 983 pursuant to Pub. L. No. 106-65, 113 Stat. 512 (1999), § 549 is a re-codification and consolidation of statutes denying Federal grants and contracts by certain departments and agencies to institutions of higher education that prohibit Senior ROTC units or military recruiting on campus.
 

S

Sarbanes Oxley Act of 2002

An act passed by U.S. Congress in 2002 to protect investors from the possibility of fraudulent accounting activities by corporations. The Sarbanes-Oxley Act (SOX) mandated strict reforms to improve financial disclosures from corporations and prevent accounting fraud. SOX was enacted in response to the accounting scandals in the early 2000s, such as Enron, Tyco, and WorldCom, which shook investor confidence in financial statements and required an overhaul of regulatory standards.

Scholarships and Fellowships (I.R.C. § 117) (Tax)

The institution must determine what its tax reporting and or tax/withholding requirements are with respect to scholarship and fellowship grants.

Scholarships and Fellowships Paid to Foreign Students and Scholars (Tax)

Foreign students and scholars do not have the same tax exemption as U.S. citizens. Most foreign student and scholar income is subject to withholding.

Scholarships and Religion

No information

Section 127 Educational Assistance Programs

Section 127 provides an exclusion from an employee’s gross income of up to $5,250 per calendar year for amounts paid by an employer through a sponsored education assistance program. Qualified education expenses include: tuition, fees, books, and supplies for both undergraduate and graduate education. IRC Section 127 does not require courses to be job related, however certain exceptions apply for courses related to sports, games, or hobbies, which are only covered if they are required as part of a degree program. The educational assistance program must not discriminate in favor of highly compensated employees.

Security Act of 1990, Campus

Compliance
(20 U.S.C. § 1092(a)(1) (O ) and § 1092 (f) (5) and 34 C.F.R. § 668.46 and § 668.41)
The Campus Security Act requires colleges to report campus crime statistics and security measures to all students and employees by October 1 of each year. The annual security report must also be submitted to the Secretary of Education (over the internet) by Oct. 15th of each year.

Selective Service Act, The Military

Requires every male citizen of the United States, and all male immigrants residing in the U.S., to register for selective service within 30 days of their 18th birthday. Submission of registration information may be provided as soon as the male turns 17 years old. Men who are not registered with Selective Service cannot obtain Federal student loans or grants. This includes Pell Grants, College Work Study, Guaranteed Student/Plus Loans, and National Direct Student Loans.

Sense of Congress on Protection of Student Speech and Association Rights

No information

Sentencing Guidelines, Federal (Revised)

The revised U.S. Federal Sentencing Guidelines require organizations to “promote an organizational culture that encourages a commitment to compliance” through ethics training programs.

Service Contract Act of 1965

Requires general contractors and subcontractors performing services on prime contracts in excess of $2,500 to pay service employees in various classes no less than the wage rates and fringe benefits found prevailing in the locality as determined by the United States Department of Labor, or the rates contained in a predecessor contractor's collective bargaining agreement.

Sex Crimes Prevention Act, Campus

Compliance
(Pub. L. No. 106-386 and 42 U.S.C. § 14071j and 20 U.S.C. § 1092(f)(1)(I))
Notification may be accomplished by adding the statement to the Annual Security Report required by the Campus Security Act. Suggested deadline of Oct. 1 of each year to coincide with Annual Security Report. The notice requirement is ongoing.

Sexual Assault Victim Bill of Rights, Campus (amends the Campus Security Act of 1990)

Compliance
(Pub. L. No. 106-386 and 42 U.S.C. § 14071j and 20 U.S.C. § 1092(f)(1)(I))
Notification may be accomplished by adding the statement to the Annual Security Report required by the Campus Security Act. Suggested deadline of Oct. 1 of each year to coincide with Annual Security Report. The notice requirement is ongoing.

Sherman Antitrust Act of 1890

The first measure passed by the U.S. Congress to prohibit trusts. Prior to its enactment, various states had passed similar laws, but they were limited to intrastate businesses. The Act, based on the constitutional power of Congress to regulate interstate commerce, declared illegal every contract, combination (in the form of trust or otherwise), or conspiracy in restraint of interstate and foreign trade. A fine of $5,000 and imprisonment for one year were set as the maximum penalties for violating the Act. This law has been applied in a number of instances to colleges and universities. The Department of Justice has interpreted this law to mean that financial aid awards must be established independently and not in concert with other institutions. A university should avoid establishing prices for items in a bookstore based on collaboration with a wholesaler or another retailer.

Small Business Act

(Public Law 85-536, as amended) An Act enacted to assist small businesses buy increasing their ability to compete in international markets by: enhancing their ability to export; facilitating technology transfers; enhancing their ability to compete effectively and efficiently against imports; increasing the access of small businesses to long-term capital for the purchase of new plant and equipment used in the production of goods and services involved in international trade; disseminating information concerning State, Federal, and private programs and initiatives to enhance the ability of small businesses to compete in international markets; and (F) ensuring that the interests of small businesses are adequately represented in bilateral and multilateral trade negotiations.

Small Business Job Protection Act of 1996

An act of legislation that increased the minimum wage, simplified pension rules and adjusted taxes for small businesses. The Act also made adjustments to S Corporation regulation, rules surrounding safe harbor provisions and rules governing worker employment status. It also simplified the administration and maintenance of 401(k) plans, with the aim of making more employers want to provide this type of retirement plan to its employees.

Small Webcaster Settlement Act

The SWSA applies to “Noncommercial Webcasters” and to “Small Commercial Webcasters” and is intended to address congressional concerns that noncommercial and small commercial webcasters were not adequately represented in the process that resulted in the Copyright Office’s July 8, 2002 decision establishing royalty rates for webcasting digital sound recordings.

Social Security Act (The Federal Old Age and Survivors Insurance Trust Fund and Federal Disability and Insurance Trust Fund, and the Federal Insurance Contributions Act (FICA))

The Social Security Act establishes a system of benefits for elderly workers, victims of industrial accidents, unemployment insurance, aid for dependent mothers and children, and persons with disabilities. The Social Security Act authorized the Social Security Board to register citizens for benefits, to administer the contributions received by the Federal Government, and to send payments to recipients. Prior to Social Security, the elderly routinely faced the prospect of poverty upon retirement.

Social Security Numbers -- see also Taxpayer Identifying Numbers and Requirements to Furnish to the IRS

No information

Social Security Numbers -- see also Tuition Payment Credit Reporting Requirements

May be used in the performance of an institution’s duties and responsibilities for the purposes of, among other things, admissions/testing, record identification and verification, classification of accounts, credit worthiness, billing and payments, data collection, reconciliation, tracking for outcome data and transition from one education level to the next, benefit processing, tax and scholarship reporting, financial aid processing, athletics, accreditation of programs, as a condition of employment and employment processing, and reporting to authorized agencies of the state and federal government. To protect identity, the institution must secure all social security numbers from unauthorized access and may assign student and employees a unique identification number.

Social Security Numbers, Collection and Use of (Students) -- see Family Educational Rights and Privacy Act of 1974 (FERPA)

No information

Soldiers and Sailors Civil Relief Act of 1940

A federal law that protects soldiers, sailors, airmen, Marines and commissioned officers in the Public Health Service and National Oceanic and Atmospheric Administration, and the Coast Guard from being sued while in active military service, and for up to a year after active duty.

Solomon Amendment

The Solomon Amendment was consolidated and codified at 10 U.S.C. § 983 pursuant to Pub. L. No. 106-65, 113 Stat. 512 (1999), § 549, and is a re-codification and consolidation of statutes denying Federal grants and contracts by certain departments and agencies to institutions of higher education that prohibit Senior ROTC units or military recruiting on campus.

Sonny Bono Copyright Term Extension Act of 1998

Signed into law on October 27, 1998, this law extends by 20 years the length of protection afforded to copyrighted works, and thus lengthens the amount of time it will take for a work to enter the public domain.

Sources for this Summary of Federal Laws

No information

Speech and Association Rights, Sense of Congress on Protection of Student

No information

Stafford Loan, Federal

Provides guaranteed loans for educational expenses from eligible lenders to vocational or academic undergraduate, graduate, and first-professional students at eligible postsecondary institutions.

State Laws Regulating Charitable Solicitations

Many states have laws regulating the solicitation of funds for charitable purposes. These statutes generally require organizations to register with a state agency before soliciting the state's residents for contributions, providing exemptions from registration for certain categories of organizations. In addition, organizations may be required to file periodic financial reports. State laws may impose additional requirements on fundraising activity involving paid solicitors and fundraising counsel. An IRS training document describes these requirements in greater detail. The Unified Registration Statement is an effort to consolidate data requirements of all states that require registration of nonprofit organizations seeking charitable solicitations within their jurisdictions.

State Student Incentive Grants

Assists states in providing grants to students attending institutions of higher education, including certain programs of study abroad and grants to students for campus-based community service work study.

Student Loan Default Prevention Initiative Act of 1990

Renders institutions with high default rates on student loans ineligible to participate in certain student loan programs.

Student Loan Interest Deduction

Under I.R.C. § 221, a taxpayer may take a deduction as an adjustment to income for interest paid on student loans.

Student Loan Interest Reporting (Tax)

Compliance
(26 U.S.C. § 6050S; 26 CFR 1.6050S-3 and 26 CFR 1.6050S-4T [see 67 Fed. Reg. 20901 final and temporary regulations])
Under I.R.C. § 6050S lenders, including most colleges and universities that participate in the Perkins Loan Program or operate institutional loan programs, must report student loan interest payments to the IRS. This is done by filing Form 1098-E, which must be filed with the IRS on or before March 1, or March 31 if filed electronically. The required statement to all persons who made student loan interest payments must be sent to the payor on or before Jan. 31 of the year following the calendar year in which the interest payments were received. The statement may simply be a copy of Form 1098-E.

Student Right to Know Law

Compliance
(20 U.S.C § 1092; 34 CFR §§ 668.41 and 668.45)
The disclosure date is July 1 following 150% of the normal time for completion/graduation from its programs. Completion of the Graduation Rate Survey (GRS) (part of IPEDS reporting done in March -April meets the reporting requirements of the Student Right to Know Law.

Student Speech and Association Rights, Sense of Congress on Protection of

Section 112 of the Higher Education Amendments of 1998 is a sense of Congress provision (not considered binding, but useful as guidance) concerning protection of student speech and association rights. In general, the provision promotes freedom of speech and association at institutions of higher education, and discourages excluding students who exercise those rights.

Substantiation and Disclosure Provisions (Tax)

Substantiation and disclosure provisions, under I.R.C. § 170(f)(8), apply for contributions made to tax exempt organizations after December 31, 1993. For charitable contributions of $250 or more, the donor must receive contemporaneous written acknowledgment from the I.R.C. § 501(c)(3) organization of the gift.

Supplemental Educational Opportunity Grant, Federal

(Higher Education Act of 1965, as amended, Title IV, Part A, Subpart 2, Public Laws 89-329, 92-318, 94-482, et al; 20 USC 1070b-1070b-3.) Provides eligible undergraduate postsecondary students with demonstrated financial need with grant assistance to help meet educational expenses. The Supplementary Educational Opportunity Grants (SEOG) are made directly to institutions of higher education, which select students for the awards.

T

Tax Credits and Tax Deductions/Students

No information

Tax Exempt Bonds: Use of Bond Financed Facilities

No information

Taxpayer Identifying Numbers and Requirements to Furnish to the IRS

No information

Teacher Education Program Reporting Requirements

Universities must report annually to their state government and the public the pass rate on state teacher certification examinations taken by their graduates. Low performing teacher preparation programs risk curtailment of federal funds.

Telephone Operator Consumer Services Improvement Act

Regulates aggregators, or any entity that, in the ordinary course of its operations, makes telephones available to the public or to transient users of the premises for interstate phone calls using a provider of operator services. This may include colleges, universities, hospitals and hotels

The Telemarketing and Consumer Fraud and Abuse Prevention Act

Congress enacted this legislation to offer consumers necessary protection from telemarketing deception and abuse. The law directs the Federal Trade Commission (FTC) to prescribe rules prohibiting deceptive telemarketing acts or practices.

Tomic v. Catholic Diocese of Peoria

No information

Toxic Substances Control Act

Addresses the production, importation, use and disposal of chemicals including PCBs, asbestos, radon, and lead paint. Excluded from the TSCA are foods, drugs, cosmetics and pesticides.

Trade Commission Act, Federal

Prohibits unfair methods of competition. See the Fair Credit Reporting Act.

Trademark Act of 1946 (Lanham Act) (amended by the Trademark Revision Act of 1988)

The Lanham Act defines the statutory and common law scope of a trademark, the process by which a federal registration can be obtained from the Patent and Trademark Office for a trademark, and penalties for trademark infringement.

Trading with the Enemy Act (amended by the Foreign Assistance Act of 1961)

Enacted to restrict trade with countries hostile to the United States and enemies in time of war. In 1961 the Act was amended by the Foreign Assistance Act of 1961 to create a general license authorizing requirements on accredited U.S. graduate and undergraduate institutions to engage in Cuba travel-related transactions incident to certain educational activities. The general license replaces some of the required and more restrictive specific licenses and license terms established under the former Interim Final Rule (see below) including the limitation to full-time permanent employees of an institution (to the exclusion of adjunct and part-time employees); and the requirement that students may only participate in academic activities in Cuba through the U.S. academic institution at which they are pursuing a degree. Also changes are made for travel to Cuba for religious activities.

Truth in Lending Act

Federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed. TILA also gives consumers the right to cancel certain credit transactions that involve a lien on a consumer's principal dwelling, regulates certain credit card practices, and provides a means for fair and timely resolution of credit billing disputes. TILA requires disclosures for loans and credit plans, but exempts Perkins Loans and Federal Family Education Loans. Loans made, insured or guaranteed pursuant to programs authorized by Title IV are exempt.

Truth in Negotiations Act

Requires government contractors to submit cost or pricing data and to certify that such data is current, accurate and complete on the date of final agreement on price.

Tuition Payment Credit Reporting Requirements (Tax)

Compliance
26 CFR § 1.6050S-3 and 26 C.F.R. § 301.6109
If the institution does not have a record of the individual's correct TIN, then it must solicit the TIN on or before December 31.

U

U.S. House of Representatives Gift Rule LII

Prohibits acceptance of gifts by members, officers and employees, unless the gift meets one of the many exceptions.

U.S. Senate Gift Rule XXXV

No Member, officer, or employee of the Senate shall knowingly accept a gift except as provided in this rule, with a number of exceptions.

Unemployment Tax Act, Federal (FUTA)

No information

Uniformed Services Employment and Reemployment Rights Act

Protects service members' reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation.

Unrelated Business Income Tax (UBIT)

No information

Unsubsidized Stafford Loan, Federal

Provides loans to undergraduate and graduate students regardless of financial need. The federal government does not provide interest benefits during in-school, grace or deferment periods. The interest rate is variable, changing annually on July 1, and is the same rate offered under the Federal Stafford Loan.

USA PATRIOT Act

The Uniting (and) Strengthening America (by) Providing Appropriate Tools Required (to) Intercept (and) Obstruct Terrorism Act of 2001 was enacted as a response to the terrorist attacks of September 11th, and dramatically reduces restrictions on law enforcement agencies' ability to search telephone, e-mail communications, medical, financial, and other records. The Act also eases restrictions on foreign intelligence gathering within the United States, expands the Secretary of the Treasury’s authority to regulate financial transactions, particularly those involving foreign individuals and entities, and broadens the discretion of law enforcement and immigration authorities in detaining and deporting immigrants suspected of terrorism-related acts.

V

Verification of Employment Eligibility

Employees are required to prove that they are legally entitled to work in the United States. Employers are required to verify the identity and eligibility to work for all new employees. An Employment Eligibility Verification form (I-9 Form) must be completed and kept on file by the employer.

Veteran's Educational Assistance Act of 2008

The Veterans Educational Assistance Act expands the educational benefits for military veterans who have served since September 11, 2001. At various times the new education benefits have been referred to as the Post-9/11 GI Bill, the 21st Century G.I. Bill of Rights, or the Webb G.I. Bill, with many current references calling it simply the new G.I. Bill.

Veterans Readmission

(HEA Title IV , Section 484C) The Veterans Readmission law includes a new section requiring institutions to readmit veterans who left in order to perform military service. The veteran is to be readmitted with the same academic status he or she had when last in attendance at the institution.

Veterans' Benefits Improvement Act of 2004 (amends USERRA)

The Veterans' Benefits Improvement Act modifies and extends housing, education, and other benefits for the Nation's veterans by amending portions of Title 38 of the United States Code, including the Uniform Services Employment and Reemployment Rights Act (USERRA). USERRA, enacted in October 1994, provides reemployment protection and other benefits for veterans and employees who perform military service.

Veterans' Readjustment Benefits Act (amended by the Vietnam Era Veterans' Readjustment Assistance Act of 1974 and the Veterans Employment Opportunity Act of 1998)

Compliance
(41 C.F.R. § 61-250.10)
By Sept. 30 of each year, federal contractors and subcontractors must file Federal Contractor Veterans'' Employment Report (VETS-100). Cross reference the DOL website for more on this requirement. The report is for information required with respect to the prior calendar year.

Virginia Graeme Baker Pool and Spa Safety Act

The Virginia Graeme Baker Act is designed to enhance the safety of public and private pools and spas, to reduce child drownings, to reduce the number of suction entrapment incidents, injuries and deaths; and to educate the public on the importance of constant supervision of children in and around water.

Visual Artists Rights Act

The Visual Artists Rights Act was the first federal copyright legislation to grant protection to moral rights, which include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work

Voluntary Best Practices for U.S. Based Charities: Anti-Terrorist Financing Guidelines

The Voluntary Best Practices are a set of Guidelines to aid the charitable sector in protecting against potential abuse and exploitation by terrorist groups and their support networks. This guidance was based on the ongoing threat to well-intentioned charitable works globally.

Volunteer Protection Act, Federal

The Federal Volunteer Protection Act limits and, in some cases, may eliminate a volunteer’s risk of tort liability when acting on behalf of a nonprofit organizations or government entities.

Voter Registration Provision in Higher Education Amendments of 1998

The Voter Registration provision in the Higher Education Amendments of 1998 added a new provision to the Program Participation Agreements that requires institutions to make a good faith effort to distribute voter registration forms to each student in attendance. This law does not apply in states without a voter registration requirement, or if the voter can register at the time of voting.

W

Walsh Healy Public Contracts Act

The PCA requires contractors engaged in the manufacturing or furnishing of materials, supplies, articles, or equipment to the U.S. government or the District of Columbia to pay employees who produce, assemble, handle, or ship goods under contracts exceeding $10,000, the federal minimum wage for all hours worked and time and one half their regular rate of pay for all hours worked over 40 in a workweek.

Withholding (Tax)

Withholding is a government requirement for the payer of an item of income to withhold or deduct tax from the payment, and pay that tax to the government.

Wlm. D. Ford Federal Direct Loan Program

The Wm. D. Ford Federal Direct Loan program offers Financial assistance provided through the lending of Federal monies for a specific period of time, with a reasonable expectation of repayment. Such loans may or may not require the payment of interest.

Work-Study Program, Federal

Federal Work-Study programs provides funds that are earned through part-time employment to assist students in financing the costs of postsecondary education. Students can receive FWS funds at approximately 3,400 participating postsecondary institutions. Hourly wages must not be less than the federal minimum wage.