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.

Any institution that engages in federally funded research involving human subjects must have an Institutional Review Board (IRB). An IRB is an administrative body established to protect the rights and welfare of human research subjects recruited to participate in research activities conducted under the auspices of the institution with which it is affiliated. 

Requires institutions to register if they employ (as a salaried employee) individuals who make at least two lobbying contacts each six months and devote 20% of their time to lobbying activities and incur expenses for lobbying of $20,000 or more in a six-month period. 

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 satifsy a claim involving medical treatment. 

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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.

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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.

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The regulations implementing Title VI, Title IX, Section 504, and the Age Discrimination Act all contain notice of non-discrimination requirements for private colleges and universities. 

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. 

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. 

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This circular sets forth the audit standards for colleges and universities.

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Establishes cost accounting principles and specifies the allowability of costs.

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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. 

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OSHA deals with the protection of workers in the workplace. The law requires employers to train employees on hazards in the workplace, to provide information to employees, to report occupational injuries and illnesses to the federal government, and to keep records of same, and to provide controls and protective equipment as well.

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The credit card companies require that all members, service providers and merchants who store, process, or transmit cardholder data remain compliant with the PCI Standard.

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This bill creates a new veterans education benefit for those persons on active duty on or after Sept. 11, 2001. 

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Establishes standards of conduct for competing contractors and government procurement officers. Requires signed certificates of procurement integrity. Prohibits bidders on government contracts from soliciting or receiving proprietary and source selection information from agency personnel. Criminal sanctions apply.

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Accountability and reporting requirements for institutions participating in financial aid programs for students

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All employers must report all new hires to the state within 20 days of hire. The report is made through the DC Online Reporting system.

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An Institution applying for or receiving PHS funding from a grant, cooperative agreement, or contract that is covered by this rule must be in full compliance no later than August 24, 2012; and immediately upon making its institutional Financial Conflict of Interest (FCOI) policy publicly accessible.
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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. In addition, the transferor must verify that the requester's facility has a current registration, verify that the intended use of the agent is correctly indicated on CDC Form EA-101, and provide a copy of Form EA-101 to the registering agency.

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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.

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Regulations on the use of lead-based paint in housing 

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The guidelines and policy statements in this chapter apply when the convicted defendant is an organization. Organizations can act only through agents and, under federal criminal law, generally are vicariously liable for offenses committed by their agents. At the same time, individual agents are responsible for their own criminal conduct. 

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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.

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Section 504, at 29 U.S.C. § 794, provides that no person, by reason of disability, shall be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance.

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