- Living on the Edge: Likelihood of Weekend Shutdown Increases as Lawmakers Negotiate FY21 Appropriations and Pandemic Relief
- ESC Urges Biden-Harris Administration to Prioritize DOE Office of Science Funding
- Charitable Giving Coalition Requests Extension and Expansion of Universal Charitable Giving Deduction
- AAU, Associations Urge Congress to Pass TREAT Act to Extend Medical Provider License Reciprocity
- AAU Joins Comments to IRS Recommending Solutions to Burdensome Regulatory Issues
- AAU, Associations Urge Education Department to Engage with Community on Section 117 Foreign Gifts and Contracts Reporting
- Judge Rules Labor Department Must “Set Aside” High Skilled Wage Rule
- AAU Staffing Announcement
- Upcoming Events
LIVING ON THE EDGE: LIKELIHOOD OF WEEKEND SHUTDOWN INCREASES AS LAWMAKERS NEGOTIATE FY21 APPROPRIATIONS AND COVID-19 RELIEF
With just hours remaining until the second continuing resolution runs out at midnight tonight, it is becoming increasingly likely that lawmakers will need to advance a third stopgap spending measure to fund the government at current levels while they work to finalize FY21 funding and a potential pandemic relief package.
Senate Majority Leader Mitch McConnell (R-KY), Senate Minority Leader Chuck Schumer (D-NY), House Speaker Nancy Pelosi (D-CA), and House Minority Leader Kevin McCarthy (R-CA) met repeatedly this week to discuss an omnibus spending package. However, details of an agreement on both FY21 appropriations and pandemic aid have not been released to the public.
Yesterday, Sen. John Cornyn (R-TX) told Roll Call that leadership has “three [draft stopgap bills] and they are trying to figure out how long of a CR they need in order to finish out the rest of our work.” Cornyn also said he was hopeful that lawmakers could introduce an FY21 omnibus package that includes pandemic relief tonight.
A bipartisan, bicameral group of lawmakers divided their $908 billion proposal for pandemic relief to separate contested and noncontroversial provisions. According to CQ News, the $748 billion Emergency Coronavirus Relief Act of 2020 is likely to be rolled into the omnibus spending package. The bill includes $82 billion for education providers, $20 billion of which is reserved for higher education; an extension of student loan forbearance through April 1; and funding for NIH COVID-19 research. This would allow Congress to continue negotiations on the $160 billion State and Local Support for Small Business Protection Act of 2020, which includes contested provisions for aid to state and local governments and includes liability protections for colleges and universities, among others.
RESOURCE AVAILABLE: AAU Summary of the Bipartisan COVID-19 Emergency Relief Bills
ESC URGES BIDEN-HARRIS ADMINISTRATION TO PRIORITIZE DOE OFFICE OF SCIENCE FUNDING
The Energy Sciences Coalition, which includes AAU, yesterday sent a letter to President-elect Biden’s Energy Department transition team urging them to prioritize funding for the Energy Department’s Office of Science for the next four years. According to the coalition, investment in the office is critical to “advancing the fundamental science and early-stage energy technologies necessary to achieve ambitious net-zero goals; developing Industries of the Future and emerging technologies; and maintaining the highly skilled science and technology workforce that is essential for the United States to compete globally.”
CHARITABLE GIVING COALITION REQUESTS EXTENSION AND EXPANSION OF UNIVERSAL CHARITABLE GIVING DEDUCTION
The Charitable Giving Coalition, of which AAU is a member, last week sent a letter to House and Senate leaders to request they include an expanded and extended universal charitable giving deduction in the forthcoming pandemic aid package. Increasing and expanding the $300 cap on above-the-line charitable deductions included in the CARES Act would “encourage all Americans to donate more, helping charitable and faith-based organizations continue to provide vital services to families, workers, and communities, especially those critically impacted by COVID-19.” The coalition requests increasing the current cap to $600 for single filers and $1200 for joint filers and extending the deduction through at least 2021.
AAU, ASSOCIATIONS URGE CONGRESS TO PASS TREAT ACT TO EXTEND MEDICAL PROVIDER LICENSE RECIPROCITY
On Tuesday, AAU joined ACE and 52 other higher education organizations on a letter urging House and Senate leadership to quickly approve H.R. 8283 / S. 4421 , the “Temporary Reciprocity to Ensure Access to Treatment Act.” The bill would temporarily extend license reciprocity for health care and mental health workers across the United States. The letter notes that this important bipartisan bill would help ensure that Americans have continuous access to their health care and mental health providers during the pandemic. AAU has joined more than 80 other organizations to endorse the measure.
AAU JOINS COMMENTS TO IRS RECOMMENDING SOLUTIONS TO BURDENSOME REGULATORY ISSUES
AAU recently joined NACUBO and seven other higher education organizations to submit comments to the IRS in response to its recent request for comments “seeking recommendations pursuant to Executive Order 13924 for rescission, modification, or waiving of any regulations or other requirements that could inhibit economic recovery from the pandemic.” To help ease regulatory strains and administrative hurdles for colleges and universities, the letter recommends the IRS begin to accept electronic or digital signatures on all documents and extend filing and furnishing deadlines for Form 990, Form 990-T, and IRS notices.
AAU, ASSOCIATIONS URGE EDUCATION DEPARTMENT ENGAGE WITH COMMUNITY ON SECTION 117 FOREIGN GIFTS AND CONTRACTS REPORTING
On Tuesday, AAU joined ACE and 25 other higher education organizations to submit comments in response to the Education Department’s request for comments on the department’s “enforcement authority for failure to adequately report under Section 117 of the Higher Education Act.” The organizations note that the notice of interpretation is not consistent with the HEA and is procedurally invalid, and requests the department issue a notice and comment rulemaking and cooperatively engage with stakeholders. The letter notes the higher education community’s repeated, unanswered calls for clarification on institutional compliance with Section 117 and highlights the opportunity the department has to interface with colleges and universities to better “guard against improper foreign influence while remaining true to” the foundational principles of academic freedom, free speech, and intellectual exploration.
RESOURCE AVAILABLE: AAU Submits Comments on Section 117 Notice of Interpretation
JUDGE RULES LABOR DEPARTMENT MUST “SET ASIDE” HIGH SKILLED WAGE RULE
A judge in the U.S. District Court for the District of Columbia on Tuesday ordered the Labor Department to “reissue any prevailing wage determinations” made under its Oct. 8 High Skilled Wage Rule. The judge found that the department violated the Administrative Procedure Act by publishing a rule to increase the required minimum wage for H-1B visa holders and other employment-based immigrants without a public comment period. The ruling comes in a complaint filed by Purdue University, the University of Michigan, Indiana University, and 14 other plaintiffs.
This is the third ruling related to the Labor Department’s interim final rule to raise wage requirements for H-1B employees and the Department of Homeland Security’s interim final rule restricting H-1B qualifications. The rules would make it more difficult for high-skilled foreign workers with degrees from U.S. colleges and universities to acquire H-1B visas. AAU has filed comments with, and sent letters to, both departments about the interim rules and joined two amicus briefs to support lawsuits against the departments.
On Dec. 1, a judge in the U.S. District Court for the Northern District of California ruled that the administration must immediately “set aside” both the Labor Department’s and DHS’s rules. The initial complaint was filed by the California Institute of Technology, Cornell University, Stanford University, the University of Rochester, the University of Southern California, the University of Utah, and several other organizations.
A judge in the U.S. District Court for the District of New Jersey granted a preliminary injunction to block the Labor Department’s rule on Dec. 3.
AAU STAFFING AND JOB ANNOUNCEMENT
Associate Vice President for Federal Relations Mollie Benz Flounlacker will leave AAU on Jan. 12. Since 2000 Mollie has served with distinction and been an integral member of the AAU staff and the higher education community. She has been a leader on many of the association’s policy and federal relations priorities during her tenure, including: accreditation; student aid policy and funding; graduate education; Title VI international education; tax provisions; the humanities; and Title IX. Mollie led AAU’s first Campus Climate Survey on Sexual Assault and Sexual Misconduct in 2015 and testified before the Senate HELP Committee. We wish her well and thank her for her service in support of America’s leading research universities.
UPCOMING EVENTS
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.