- Judge Rules Administration Must “Set Aside” DHS and DOL H-1B Rules
- Lawmakers Continue Efforts on COVID-19 Relief
- AAU, Associations Outline Pandemic Impact on Students, Schools
- FY21 Appropriations Stopgap Deadline Looms; DeLauro Wins House Appropriations Chair
- House and Senate Conferees Release FY21 NDAA Report
- CNSR Letter Highlights FY21 Defense S&T Appropriations Priorities
- TFAI Encourages Increased Investment in S&T R&D in FY21 Appropriations Omnibus
- CNSF Encourages Increased Funding for NSF in FY21 Appropriations Omnibus
- ESC Urges Appropriations Leaders to Include At Least $7.05B in FY21 Omnibus
- AAU, Associations Outline Concerns and Request DHS Withdraw H-1B Rule
- AAU, Associations Comment on DOL’S Race and Sex Stereotyping RFI
- AAU Joins Associations to Submit Comments on Defense Department’s CMMC Rule
- AAU, Associations Request Withdrawal of Race and Sex Stereotyping Order
- CNSR Requests Robust Funding for Defense Programs in FY22 Budget Request
- CNSR Sends Priority Recommendations to Biden-Harris Administration
- AAU, Associations Highlight Concerns in "Protect the GI Bill Act"
- Upcoming Events
JUDGE RULES ADMINISTRATION MUST “SET ASIDE” DHS AND DOL H-1B RULES
A judge in the United States District Court for the Northern District of California Tuesday ruled that the administration must immediately “set aside” both the Department of Homeland Security’s interim final rule restricting H-1B qualifications, scheduled to take effect Dec. 7, and the Labor Department’s interim final rule, already in effect, dramatically raising wage requirements for H-1B employees. 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. The judge enjoined both interim final rules, finding the departments failed to comply with the Administrative Procedures Act’s requirements. AAU filed extensive comments with both departments about the interim rules and joined two amicus briefs to support lawsuits against the departments.
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 against the two interim rules.
A decision is forthcoming in a similar complaint in the U.S. District Court for the District of Columbia. The complaint was filed by Purdue University, the University of Michigan, Indiana University, and 14 other plaintiffs solely against the Labor Department’s rule.
RESOURCES AVAILABLE: AAU, Associations Sends Letter to Department of Labor on DOL High Skilled Wage Rule | AAU, Associations Send Letter Expressing Concern about DHS Interim Final Rule on H1-B Visas | AAU, Associations Send comment Letter to DOL Regarding the Interim Final Rule on H1-B Prevailing Wage Issue
LAWMAKERS CONTINUE EFFORTS ON COVID-19 RELIEF
On Wednesday, a bipartisan, bicameral group of legislators unveiled a $908 billion package that has jump-started the stalled negotiations on pandemic relief. The measure includes: $288 billion for small businesses, including Paycheck Protection Program loans; $180 billion for expanded unemployment insurance benefits; $160 billion for state and local governments; and $82 billion for education. During a press conference on Tuesday, Senator Mark Warner (D-VA) said that “It would be stupidity on steroids if Congress left for Christmas without doing an interim package as a bridge.”
House Speaker Nancy Pelosi (D-CA) and Senate Minority Leader Chuck Schumer (D-NY) said Wednesday that the proposal should be the basis for negotiations with congressional Republicans and the White House on pandemic relief. According to Politico Pro, Pelosi today expressed interest in including the bipartisan relief bill in the forthcoming FY21 omnibus spending package.
Yesterday, Republicans who support the compromise met with Senate Majority Leader Mitch McConnell (R-KY), but according to Sens. Lisa Murkowski (R-AK) and Mitt Romney (R-UT), McConnell neither endorsed nor dismissed the plan.
Meanwhile, McConnell also drafted a proposal for COVID-19 aid, which includes: $332.7 billion for the Paycheck Protection Program; an extension of unemployment benefits for those currently receiving them; a one-month extension of the pandemic emergency unemployment assistance program; and $105 billion for schools. The measure does not include money for state and local governments, which is a key priority for Democrats, CNN reports. The proposal includes limited liability protections for hospitals, business, universities, schools, and others. McConnell has said that the president supports his plan and also supports packaging pandemic relief in a year-end spending bill. House Minority Leader Kevin McCarthy (R-CA) has said McConnell’s bill should be the framework for pandemic relief negotiations, Roll Call reports.
House Majority Leader Steny Hoyer (D-MD) on Wednesday said that he and McConnell agreed that “it would be optimal if we could get to an agreement by this weekend,” Bloomberg Government reports.
AAU, ASSOCIATIONS OUTLINE PANDEMIC IMPACTS ON STUDENTS, SCHOOLS
On Wednesday, AAU joined ACE and 99 other associations on a letter to House and Senate leaders outlining the harmful impacts of the pandemic on students and colleges and requesting they work quickly to finalize negotiations on pandemic relief that provides at least $120 billion to students and campuses. The letter cites information from recent surveys and provides examples of increased costs, lost revenues, and state budget cuts that are attributable to the pandemic. The letter says additional relief funding would help address the incredible impact the pandemic has had on students and colleges, which is worse than anticipated in almost all areas. “Campuses are now dealing with a massive, accumulated loss of revenue that is likely to grow worse in the near future, and in most areas will persist for several years,” the letter says, noting that support is “urgently needed.”
FY21 APPROPRIATIONS STOPGAP DEADLINE LOOMS; HOUSE ELECTS COMMITTEE LEADERS FOR 117TH CONGRESS
House Majority Leader Steny Hoyer (D-MD) yesterday told Democrats that he would like an agreement on a potential FY21 appropriations omnibus measure by midnight Saturday so the chamber could vote on a bill by Thursday, Dec. 10, CQ News reports. In the Senate, Appropriations Chair Richard Shelby (R-AL) has set a Dec. 9 deadline for an agreement on the omnibus before lawmakers must consider a second continuing resolution to fund the government at current levels past Dec. 11 – potentially through Dec. 18. Shelby has applauded Hoyer’s deadlines as a “worthy goal,” but said he is unsure if it’s “realistic or not.”
As of this morning, CQ News reports that negotiations have again stalled due to a new division regarding language included in the Interior-Environment bill that prevents the greater sage grouse from qualifying for protections under the Endangered Species Act. Funding for the border wall, emergency pandemic relief funds for departments and agencies, and differences in agency funding levels remain sticking points in negotiations.
House Republicans and Democrats yesterday held elections for leadership in the 117th Congress. Axios has compiled a full list of chairs and ranking members.
HOUSE AND SENATE CONFEREES RELEASE FY21 NDAA REPORT
House and Senate conferees yesterday released the conference report and report summary of the $731.6 billion FY21 National Defense Authorization Act. After the report was released, the House voted by unanimous consent to take up the conference report and vote on it after an hour of debate. While the House is expected to do this next week, it is not clear when the Senate will vote on the legislation.
The president has threatened to veto the bill if the “very dangerous & unfair Section 230 is not completely terminated.” Politico reports that the final measure does not include a repeal of Section 230, which provides legal immunity for online companies and, according to Senate Armed Services Chair Jim Inhofe (R-OK) “has nothing to do with the military.”
AAU has updated our Defense Funding Priorities Table to reflect science and technology research funding authorized in the bill.
CNSR LETTER HIGHLIGHTS FY21 DEFENSE S&T APPROPRIATIONS PRIORITIES
Yesterday, the Coalition for National Security Research, which includes AAU, sent a letter to House and Senate defense appropriations leaders to highlight the coalition’s funding priorities for the FY21 Defense appropriations measure. The letter encourages the appropriators to support increased overall funding for Department of Defense research programs and highlights various funding priorities from both the House and Senate versions of the bill. Though overall funding for Defense science and technology and basic research programs is well below the levels recommended by the Defense Science Board, National Academies, and others, the letter thanks appropriators for rejecting the president’s proposed cuts to these programs.
TFAI ENCOURAGES INCREASED INVESTMENT IN S&T R&D IN FY21 APPROPRIATIONS OMNIBUS
The Task Force on American Innovation, which includes AAU, recently sent a letter to House and Senate appropriations leaders urging them to include increased investments for science and technology research and development for: the Department of Energy’s Office of Science, the National Nuclear Security Administration RDT&E, Advanced Research Projects Agency-Energy, the National Science Foundation, NASA, and the National Institute of Standards and Technology. The industry-led group also encouraged appropriators to robustly fund the Department of Defense Science and Technology programs and the Defense Advanced Research Projects Agency. The nation’s science and technology research enterprise “is in dire need of both increased investment from the federal government and the certainty and stability of consistent and timely congressional appropriations,” the letter says.
CNSF ENCOURAGES INCREASED FUNDING FOR NSF IN FY21 APPROPRIATIONS OMNIBUS
The Coalition for National Science Funding, of which AAU is a member, last week sent a letter to House and Senate appropriations chairs urging them to include at least $8.548 billion for the National Science Foundation in FY21, funding reflected in the House’s appropriations bill. The letter notes that the House’s mark is “insufficient to address the effects of years of underinvestment in the fundamental scientific research and STEM education supported by NSF and falls short of the funding trajectory needed to continue U.S. leadership in science and technology.” The letter encourages appropriators to consider providing funding above the House level.
ESC URGES APPROPRIATIONS LEADERS TO INCLUDE AT LEAST $7.05B IN FY21 OMNIBUS
The Energy Sciences Coalition, which includes AAU, on Monday sent a letter to House and Senate appropriators to urge them to include at least the House funding level of $7.05 billion in the FY21 appropriations omnibus. The letter says that the funding would support the critical role the Department of Energy Office of Science plays in “developing new energy technologies to achieve net zero goals, advancing Industries of the future, and maintaining a highly skilled science and technology workforce.”
AAU, ASSOCIATIONS OUTLINE CONCERNS AND REQUEST DHS WITHDRAW H-1B RULE
On Wednesday, AAU joined ACE and 20 other higher education associations on a letter to the DHS requesting it immediately withdraw its notice of proposed rulemaking, “Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions.” The letter outlines the enormous negative impact the rule would have on the nation’s colleges and universities, including: dramatically reducing access to the H-1B visa program for early-career professionals; prohibiting foreign-born doctors from obtaining H-1B visas; and discourages international student enrollment in U.S. colleges and universities. The associations also say that the rule may be “beyond the statutory language and congressional intent included under the Immigration and Nationality Act.” International students are “a central reason for the excellence of [the nation’s] postsecondary institutions,” the associations say, and “it is especially important for [these] international students to be educated at U.S. colleges and universities.” AAU also joined 17 other multi-sector associations to submit comments outlining concerns with the rule.
AAU JOINS ASSOCIATIONS TO SUBMIT COMMENTS ON DEFENSE DEPARTMENT’S CMMC RULE
AAU recently joined COGR, EDUCAUSE, APLU, AND ACE to submit comments on the Defense Department’s interim rule on implementation of the Cybersecurity Maturity Model Certification framework. In the comments, the associations request that the department avoid subjecting federally funded research conducted by colleges and universities to undue inefficiency and expense by imposing additional security requirements that “run counter to the free exchange of knowledge that forms the very basis of fundamental research.” EDUCAUSE has prepared a white paper with more information about the CMMC.
RESOURCE AVAILABLE: AAU, Associations Urge Defense Department to Consider Consequences of CMMC Implementation
AAU, ASSOCIATIONS COMMENT ON DOL’S RACE AND SEX STEREOTYPING RFI
AAU on Wednesday joined ACE, APLU, and 27 other higher education associations on a letter to Office of Federal Contract Compliance Programs to reiterate the higher education community’s opposition to any implementation of Executive Order 13950 on “Combating Race and Sex Stereotyping,” which the associations believe should be withdrawn. The letter cites several concerns including: the order’s chilling effect on efforts “to build and sustain non-discriminatory and non-hostile workplaces and learning communities;” the potential for costly compliance work; the limitations the order imposes on free speech on campus; and the burdensome and invasive level of detail sought by the office in its request for information.
CNSR REQUESTS ROBUST FUNDING FOR DEFENSE PROGRAMS IN FY22 BUDGET REQUEST
Yesterday, the Coalition for National Security Research, of which AAU is a member, sent a letter to acting Defense Secretary Christopher C. Miller, Office of Management and Budget Director Russell T. Vought, acting Under Secretary for the Office of Research and Engineering Michael Kratsios, and Office of Science and Technology Policy Director Kelvin Droegemeier to request increased funding for Defense programs in the department’s FY22 budget request. The group urges the budget “include funding for the Defense science and technology (S&T) program at levels equal to 3 percent of the DoD budget and funding for the defense basic research programs at 20 percent of the Defense S&T budget.” Funding at these levels would help the U.S. military “maintain its global technological superiority” by supporting research for “technologies that have sustained our military dominance.”
CNSR SENDS PRIORITY RECOMMENDATIONS TO BIDEN-HARRIS ADMINISTRATION
The Coalition for National Security Research, of which AAU is a member, yesterday sent their key recommendations for the next four years to the Biden-Harris transition team. The coalition highlighted five priority recommendations for the incoming administration, including increased investment in: defense science and technology; defense fundamental research; transformational fundamental research programs; and the national security scientific workforce. The group also recommended the administration reaffirm National Security Decision Directive 189, which would establish “a national policy for controlling the flow of science, technology, and engineering information produced in federally funded research at colleges, universities, and laboratories.”
AAU, ASSOCIATIONS COMMENT ON UPDATED “PROTECT THE GI BILL ACT”
Yesterday, AAU joined ACE, APLU, and 13 other higher education associations on a letter to the House and Senate House Veterans’ Affairs Committee leaders to express appreciation for changes made to H.R. 4625 , the “Protect the GI Bill Act” and to outline several provisions of concern in the revised bill. The associations called attention and requested changes to certain provisions, including: removing a provision that makes colleges and universities responsible for repaying the VA for tuition and fee overpayments resulting from changes in enrollment; clarifying requirements about what information colleges and universities must provide veterans who are deciding how to use their GI Bill benefits; and proposing an alternative to a provision that applies the Education Department’s regulations on “misrepresentation” and “incentive compensation.” These changes, the letter says, would “ensure that veterans may continue to use their GI bill benefits to pursue a high quality post-secondary degree.”
UPCOMING EVENTS
DECEMBER 7-11 AAU/APLU INNOVATION AND ENTREPRENEURSHIP SHOWCASE SOCIAL MEDIA WEEK. Keep an eye out for tweets celebrating the selected university startups and the 40th anniversary of the Bayh-Dole Act, which will use the hashtags: #BayhDole40 #ResearchtoStartup #HBDBayhDole #BayhDole
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.