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AAU Weekly Wrap-up, December 11, 2020

  • Pandemic Relief Negotiations Again Stall Over Partisan Disagreement
  • Senate Passes Second Stopgap Spending Bill, Funding Government Through Dec. 18
  • AAU Joins Letter Urging Congress to Complete FY21 Appropriations Quickly
  • Senate Advances FY21 NDAA; Congress Prepares to Overturn Potential Veto
  • New Senate Rule Would Change Committee Leadership Structures; House Prepares for Speaker Vote
  • AAU Sends Key Policy Recommendations to Biden-Harris Administration
  • AFRI Coalition Sends Policy and Personnel Recommendations to Biden Administration
  • CNSF Submits Policy and Personnel Recommendations to Biden Administration
  • DACA Program Must be Restored and New Applications Accepted, Judge Rules
  • AAU, Associations Request International Student Guidance for Spring 2021
  • AAU Submits Comments on Section 117 Notice of Interpretation
  • AAU, Associations Request Pandemic Relief Funding Guidance from FEMA
  • Ad Hoc Group for Medical Research Submits NIH Funding Recommendations to Biden-Harris Transition Team
  • Action Item: DOE Office of Science Releases Survey to Measure Impact of COVID-19 on Research
  • Upcoming Events

PANDEMIC RELIEF NEGOTIATIONS AGAIN STALL OVER PARTISAN DISAGREEMENT

Negotiations between Democrats, Republicans, and the administration have once again stalled on a deal to provide another round of COVID-19 relief to Americans. Late Wednesday, Senate Majority Leader Mitch McConnell (R-KY) signaled that he would not accept the $908 billion package that was introduced last week by a bipartisan, bicameral group of lawmakers, CQ News reports. Additionally, during remarks on the Senate floor Thursday, McConnell blamed issues in negotiations on Democrats, citing their opposition to liability protections for small businesses and colleges and universities as well as their desire to include what he described as a “slush fund” for state and local governments.

House Speaker Nancy Pelosi (D-CA) has continued to say that the bill should be the basis for negotiations, saying that while it does not cover all of the Democrats’ priorities for pandemic aid, it “gives us time to inaugurate a president [and] have discussions about how we truly meet the needs of the American people.” She has also said that pandemic relief will likely be included in the forthcoming FY21 appropriations omnibus.

Supporters released details of the bipartisan pandemic relief package on Wednesday. According to Politico, the measure would include: $160 billion for state and local governments; $82 billion for education – including an unknown amount of funding for the Governors, K-12, and Higher Education Emergency Relief Funds; an extension of student-loan-forbearance provisions included in the CARES Act through April 30, 2021; an extension of all pandemic unemployment insurance programs by 16 weeks; and $300 billion for the Paycheck Protection Program. The measure also includes an “agreement in principle as the basis for good faith negotiations” for pandemic-related liability protections.

On Tuesday, Treasury Secretary Steven Mnuchin proposed a $916 billion pandemic relief package, which Politico Pro reports would include: $160 billion for state and local governments; $164 billion in direct payments to households of up to $600 per person; $320 billion for the Paycheck Protection Program; $30 billion for airlines; $16 billion for vaccine distribution and testing; liability protections for businesses, schools, and universities; and extensions for “expiring provisions.” House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) dismissed the White House’s proposal because it scales back unemployment benefits to instead provide a second round of tax rebate checks.

SECOND STOPGAP FUNDING BILL STALLS IN SENATE

The Senate today advanced a House-passed a continuing resolution that would fund the government at current levels through Dec. 18. The president is expected to sign the bill, The Washington Post reports. The continuing resolution gives lawmakers another week to negotiate and pass a FY21 appropriations omnibus, though it is unclear if negotiators can address outstanding issues in that time. According to Politico Pro, lawmakers have not ruled out a third continuing resolution that would fund the government through March.

The last-minute agreement advanced despite brief objections from Senators over what was – and was not – included in the bill. Earlier today, Sen. Rand Paul (R-KY) withdrew his attempt to stall the bill due to his reservations over a provision in the National Defense Authorization Act that would limit the president’s ability to draw down troops in Afghanistan. Sens. Bernie Sanders (D-VT) and Josh Hawley (R-MO) briefly objected to the passage of the bill, calling for an amendment that would provide a second round of relief checks for Americans, but they did not continue their attempts to block the measure.

Negotiations on a final FY21 appropriations omnibus remain stalled over funding for the border wall, emergency pandemic relief funds for departments and agencies, and differences in agency funding levels. Last week, a new dispute arose about language included in the Interior-Environment bill that prevents the greater sage grouse from qualifying for protections under the Endangered Species Act.

AAU JOINS LETTER URGING CONGRESS TO QUICKLY COMPLETE FY21 APPROPRIATIONS

AAU on Tuesday joined 171 organizations on a letter to House and Senate leadership urging them to complete FY21 appropriations “without delay,” and to enact “emergency research relief funding to mitigate the impact of the COVID-19 pandemic.” Robust funding for the two dozen defense and nondefense agencies would ensure that America can quickly move on after the pandemic and ensure our nation will “continue to lead the world in science and innovation and improve the health, security and economic strength of our nation.”

SENATE ADVANCES FY21 NDAA; CONGRESS PREPARES TO OVERTURN POTENTIAL VETO

Today, the Senate advanced the FY21 National Defense Authorization Act conference report . Previously, Sen. Paul had threatened to filibuster the bill over a provision that would require the defense secretary to report the details of plans to withdraw troops from Afghanistan to Congress – which Paul says would “hamstring” the president’s ability to withdraw all U.S. troops from Afghanistan by Jan. 15. The House passed the bill on Tuesday with a “veto-proof” vote of 335-78, CNN reports.

In a tweet sent before the House voted yesterday, the president promised to veto the “very weak” bill, saying the NDAA “must include a termination of Section 230 (for National Security purposes), preserve our National Monuments, & allow for 5G & troop reductions in foreign lands!”

According to Roll Call, House Majority Leader Steny Hoyer (D-MD) said that the House would likely return early from its holiday break to override the president’s expected veto – though Sen. Paul’s threat to delay the measure would give Congress little time to overturn a veto.

RESOURCE AVAILABLE: Department of Defense Research Funding Table FY21

NEW SENATE RULE WOULD CHANGE COMMITTEE LEADERSHIP STRUCTURES; HOUSE PREPARES FOR SPEAKER VOTE

According to Roll Call , Senate Democrats this week adopted a new rule that says top Democrats on “A” committees cannot also serve as chair or ranking member of subcommittees so that more junior members can serve in higher positions on subcommittees. In the future, this is expected to affect the Appropriations Committee, where many Democrats who serve on “A” committees hold leadership positions on subcommittees. The rule is part of a broader push from Senate Democrats to spread responsibilities more evenly among caucus members, which has already resulted in committee changes – for example, Minority Whip Dick Durbin (D-IL) will step down from his position on the Defense Appropriations Subcommittee to focus on his role as the Judiciary Committee’s ranking member.

Meanwhile, Speaker Pelosi has started work to ensure her position in the next Congress. Politico Pro reports that while Pelosi is expected to retain her position, the speaker is concerned about her position considering the narrow majority Democrats will hold when the 117th Congress begins Jan. 3. In January, House Democrats are expected to hold 222 seats versus 212 for Republicans. The narrow majority means that Pelosi will require unity from rank-and-file Democrats to confirm her speakership.

AAU SENDS KEY POLICY RECOMMENDATIONS TO BIDEN-HARRIS ADMINISTRATION

Last week, AAU sent our key recommendations to President-elect Joe Biden and Vice President-elect Kamala Harris. The document outlined the most important actions the Biden administration can take during the transition to renew and strengthen the government-university partnership, fight COVID-19, promote racial equality, foster economic recovery, and address climate change. The recommendations were based on our previous “Recommendations to 2020 Presidential Candidates” document and conversations with you and our constituents. The recommendations are also aimed at actions the new administration can take in its first days and months in office through executive orders, regulatory actions, and proposals that can be made in the new administration’s first budget request for FY22.

AFRI COALITION SENDS POLICY AND PERSONNEL RECOMMENDATIONS TO BIDEN ADMINISTRATION

The Agriculture and Food Research Initiative Coalition, which includes AAU, Wednesday sent their policy and key personnel recommendations to President-elect Joe Biden. The coalition recommends: robust funding for AFRI in the president’s FY22 budget request; investments in research infrastructure; including food and agriculture research as a priority for the Office of Science and Technology Policy; and increasing the 302(b) funding allocation for Agricultural Appropriations Subcommittees. The letter also recommends that President-elect Biden appoint a scientist to serve as the under secretary for research, education, and economics for the Agriculture Department and quickly appoint a director of the National Institute of Food and Agriculture.

CNSF SUBMITS POLICY AND PERSONNEL RECOMMENDATIONS TO BIDEN ADMINISTRATION

The Coalition for National Science Funding, of which AAU is a member, last week sent its policy and key personnel recommendations for the next four years to President-elect Biden. Among its policy recommendations, the coalition included: a bold budget for NSF in FY22; research relief funding for all agencies, including NSF; increased investment in research infrastructure and workforce development; and support for programs that foster diversity in the next generation of STEM professionals. The letter also recommends that President-elect Biden appoint a presidential science advisor who would also serve as director of the Office of Science and Technology Policy, as well as appointing a deputy director for NSF.

DACA PROGRAM MUST BE RESTORED AND NEW APPLICANTS ACCEPTED, JUDGE RULES

A judge in the United States District Court for the Eastern District of New York last week ruled that the Department of Homeland Security must fully restore the Deferred Action for Childhood Arrivals program and begin accepting new applications. The U.S. Supreme Court in June ruled that the administration had made procedural errors in violation of the Administrative Procedure Act in its Sept. 2017 cancellation of the DACA program.

While these rulings are important in the short term, there is still important work to be done. The decisions only underscore how important it is for Congress to immediately and unequivocally find a permanent legislative solution to address the unjust plight of DACA registrants and other “Dreamers.”

The DACA program currently faces challenges in Texas and other states, where attorneys general have asked federal judges to declare DACA unlawful, The Washington Post reports. AAU has long supported federal efforts to provide a solution for DACA recipients and other Dreamers who attend universities. We will continue to press for a legislative solution that takes the fate of thousands of our students out of the hands of shifting Executive Branch priorities.

AAU, ASSOCIATIONS REQUEST INTERNATIONAL STUDENT GUIDANCE FOR SPRING 2021

On Tuesday, AAU joined ACE and 34 other higher education organizations on a letter to Immigration and Customs Enforcement Senior Official Performing the Duties of Director Tony H. Pham and Student and Exchange Visitor Program Director Rachel E. Canty to request the agency provide guidance for international students and exchange visitors for spring 2021 as soon as possible. The letter suggests that any forthcoming guidance “continue to allow flexibility for existing students in the United States to attend hybrid or online programs of study,” including allowing new international students to travel to the United States regardless of their program of study’s in-person or online status and ensuring the State Department and Department of Homeland Security honor each other’s COVID-19 policies. A spokeswoman for the DHS Student and Exchange Visitor Program said Tuesday the guidance will remain the same for the spring term, Inside Higher Ed reports.

AAU SUBMITS COMMENTS ON SECTION 117 NOTICE OF INTERPRETATION

AAU today submitted comments urging the Education Department to withdraw its recent notice of interpretation regarding its enforcement authority with respect to an institution’s failure to adequately report under Section 117 of the Higher Education Act and instead engage in a rulemaking process. In the notice, the department asserts it has the power to discontinue a college or university’s access to Title IV federal student aid if it deems that the institution has not adequately reported foreign gifts and contracts in accordance with Section 117. This interpretation far exceeds the department’s authority as set forth in the Higher Education Act. The letter points out that the department has for years failed to provide adequate guidance about Section 117 to colleges and universities, and has instead launched expansive, burdensome, and costly investigations into several universities – thus chilling university communication with the department.

AAU, ASSOCIATIONS REQUEST PANDEMIC RELIEF FUNDING GUIDANCE FROM FEMA

AAU yesterday joined ACE and 13 other higher education organizations on a letter to Federal Emergency Management Agency Administrator Peter Gaynor requesting the agency issue guidance that clarifies how FEMA Public Assistance can be used by public and private nonprofit colleges and universities to support their critical efforts to protect public health and safety due to the pandemic. The current guidance includes restrictions on reimbursements for personal protective equipment, including a provision that limits funding to a projected 60-day supply. The letter notes that the current guidance has also caused confusion over what claimed costs are included for reimbursements under Category B Emergency Protective Measures, which could make “the vast majority of claimed costs by colleges and universities, as well as other public entities … ineligible.”

AD HOC GROUP FOR MEDICAL RESEARCH SUBMITS NIH FUNDING RECOMMENDATIONS TO BIDEN-HARRIS TRANSITION TEAM

The Ad Hoc Group for Medical Research, of which AAU is a Steering Committee member, recently sent a letter to President-elect Joe Biden to request the administration prioritize “increased and sustainable funding growth” for the National Institutes of Health in the administration’s “Build Back Better” plan. Funding for the NIH is critical for biomedical, bioengineering, behavioral, and social science research. Supplemental funding would help ensure that efforts to combat the pandemic do not displace other essential avenues of discovery, the letter says.

ACTION ITEM: DOE OFFICE OF SCIENCE RELEASES SURVEY TO MEASURE IMPACT OF COVID-19 ON RESEARCH

The Department of Energy’s Office of Science on Thursday released a survey for principal investigators intended to measure the impact of COVID-19 on research sponsored by the office. More information and instructions about the survey can be found here. Responses are due Jan. 5, 2021.

UPCOMING EVENTS

DECEMBER 16 INVENT TOGETHER “FIRESIDE CHAT:” PROMOTING DIVERSITY IN U.S. INNOVATION; 4:00-5:00 p.m. ET. More information, including an agenda and registration information is available here.

DECEMBER 17 2021 GOLDEN GOOSE AWARD AND COVID-19 RECOGNITION NOMINATIONS DUE; More information, including nomination criteria and the submission form, can be found here.

JANUARY 5 DEPARTMENT OF ENERGY OFFICE OF SCIENCE PRINCIPAL INVESTIGATOR COVID-19 IMPACT SURVEY RESPONSES DUE; More information and instructions about the survey can be found here.