Laws and Regulations

Laws and Regulations header

UC Berkeley must adhere to a myriad of laws and regulations.  Below is a listing of federal laws and regulations, indicating which unit on campus has primary compliance responsibility.

These laws must be complied with when non-U.S. persons or foreign nationals are granted access to regulated products or technology by a company or institution of higher education in the United States. Under the "deemed export" rule, allowing non-U.S. persons or foreign nationals access to the product or technology may trigger the requirement to apply for a license prior to that access. 

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This law, Title III of Superfund Amendments and Reauthorization Act, requires the disclosure of all toxic chemicals used or stored and also requires emergency planning.

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Prohibits sex 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.

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Reporting and Information Dissemination Requirements This law applies to a coeducational institution of higher education that Participates in any title IV, HEA program and Has an intercollegiate athletic program.

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Executive Order Number 11,246 prohibits employment discrimination on the basis of race, color, religion or national origin. Executive Order Number 11,246 was amended by Executive Order Number 11375 on October 13, 1967 (32 Fed. Reg. 14,303), effective October 1968, to include gender as a protected class. 

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Technically the FAR as a whole does not apply to non-profits. Instead, non-profits follow the rules in OMB Circulars a-110, a-133, and A-21. However, indivdual clauses in the the FAR will be applicable to non-profits.

This law applies to research on any product under its regulatory purview. The protection of human subjects is covered in 21 C.F.R. Parts 50 and 56. An exception from informed consent requirements for emergency research was added in October 1996, effective November 1, 1996. See 21 C.F.R. § 50.24.

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 Government contractors with contracts of $100,000 or more to post notices informing their employees of their rights as employees under Federal labor laws. 

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Regulates the keeping and dissemination of *education records* at all institutions that receive federal funds or who have students receiving federal funds. Procedures must be in place to allow a student access to education records. Consent must be obtained to release education records to a third party, with certain exceptions contained in the law. 

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Any institution participating in a Title IV federal student financial aid program that maintains on-campus housing facilities must track fire safety statistics

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Any institution participating in a Title IV federal student financial aid program that maintains on-campus housing facilities must track fire safety statistics

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Establishes minimum hourly wage. The law also establishes overtime pay requirements for non-supervisory employees. Employees may not be required to work more than forty hours per seven-dayweek without overtime compensation at a rate of not less than one and one-half times their regular pay. Exemptions from the overtime compensation provision are provided for workers who are employed in bona fide executive, administrative or professional capacity. 

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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.

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Regulates foreign exchange students and scholars. 

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Requires postsecondary institutions with federal contracts of $100,000 or more to implement an affirmative action program for the following categories of veterans: Disabled Veteran, Qualified Disabled Veteran, Other Protected Veteran, Recently Separated Veteran, and Armed Forces Service Medal Veteran. Said program is not necessarily limited to employment connected with the federal contract. Provides reemployment rights.

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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."

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By January and July 31 of each year, a postsecondary institution must file a disclosure report about ownership or control by, or contracts with or gifts from foreign sources. 

The 1976 amendments require the university to give all students and prospective students information about the academic program and standards that must be met, as well as accreditation information. Costs and refund policies must be listed. Detailed information about financial aid must be provided, including information on how to contact the university's financial aid officer.

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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.

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This law regulates the transportation of hazardous material in interstate, intrastate, and foreign commerce. Registration, reporting, and recordkeeping are all required, as well as payment of a hazardous material transportation fee. The Hazardous Materials Regulations (HMR) govern safety aspects, including security of the transporation of hazardous material as the Secretary of Transportation considers appropriate.

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signed into law on Sept. 14, 2007 and made a number of changes to the Lobbying Disclosure Act, including a ban on most gifts from an independent college or university that employs or engages a lobbyist. 

Underground storage tanks (USTs) and land-based disposal of hazardous substances are regulated under this law. Requires reporting of installation of tanks, suspected releases, and confirmed releases to authorities. Recordkeeping and insurance required.

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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. 

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