By Lizzie Devitt

A presidential election year and post-impeachment partisan gridlock makes for the perfect recipe for legislative inaction.

Below are some of the federal issues that the Office of Government Relations will be monitoring this spring. Beyond federal funding there are several regulatory and agency matters that will affect Duke University.

Budget & Appropriations – Proposal vs. Reality

Having finalized and approved the FY20 budget in December 2019, the White House released its FY21 budget proposal on Feb. 10, roughly a month ahead of last year, which was delayed due to the partial government shutdown.

The White House budget proposal totals $4.8 trillion and includes a boost for defense and security programs offset by cuts to domestic discretionary programs that fall well below the budget caps signed into law last summer. As in previous years, Congress will largely ignore the White House proposal and instead work through their own process in both chambers.

Most of the research agencies of interest to Duke have slightly lower proposed budgets compared to their 2020 final appropriations, and it once again proposes the elimination of ARPA-E and the National Endowment for the Humanities.

However, one potential research area that could present an opportunity for agreement on funding goals between the branches of government is in what the White House deemed “Industries of the Future,” which includes artificial intelligence and quantum information sciences.

Regarding higher education funding priorities, the budget proposes to eliminate international education programs authorized under HEA Title VI. The White House also wants to reduce the federal role in the student loan and repayment process. This proposal would create a single income-drive student loan repayment plan (IDR). The budget also proposes to keep the Maximum Pell award identical to the 2020 final appropriation ($6,345).

Legislative Agenda: What’s on the Congressional Menu

Higher Education Act

Last year the House Education and Labor Committee passed the College Affordability Act, the reauthorization of the Higher Education Act, out of committee, but there has been no momentum to bring it to the floor for a full vote. In the Senate there has been action in recent weeks to work on a reauthorization bill in the Health, Education, Labor & Pensions Committee.

Whether or not the Senate and House are able to reach consensus on a comprehensive reauthorization remains highly questionable, even if they both find ways to pass separate bills.

National Security and Science

We can once again expect significant focus placed on how the U.S. can protect the nation’s research enterprise from foreign influence while also promoting innovation and international collaboration, with the upcoming FY 21 National Defense Authorization Act as a prime vehicle for this discussion on the congressional side.

The federal agencies will continue to refine guidance related to involvement in foreign talent programs and disclosure. The National Science and Technology Council (NSTC) Joint Committee on Research Environments (JCORE) will continue to hold interagency discussions related to national security and the American research community and is expected to begin releasing reports this spring.

Section 117

High profile investigations into the reporting of foreign gifts to universities will keep a spotlight on efforts to revamp the Section 117 reporting requirements. Under Section 117 of the Higher Education Act (HEA) the Department collects information about gifts and contracts to universities that total to $250,000.

The Department of Education withdrew its emergency information collection request (ICR) regarding Section 117, which would have dramatically changed the type and breadth of information collected, in February and plans to resubmit a non-emergency ICR to the Office of Management and Budget (OMB) with a 30-day period for public comment. Various legislative proposals have been introduced to address the murky reporting guidance, but unclear if anything will pass out of Congress.

Immigration

This spring, the U.S. Supreme Court is expected to make a decision on the Deferred Action for Childhood Arrivals (DACA) rescission. In November 2019, the Supreme Court held oral arguments in a set of challenges to the Trump administration’s decision to end DACA. During the hearing, not only did the justices consider whether courts can review DACA and the legality of ending the program, they also considered sending the case back to lower courts for reconsideration.

Given the range of considerations in the case there a number of possibilities for an outcome, making predictions about what will happen next mostly speculative. If the court’s final decision does rule in favor of the Trump administration, it may be up to the White House’s discretion to decide how it ultimately wants to end DACA. 

COVID-19

In the first week of March, the U.S. House and Senate passed an $8.3 billion emergency package to respond to COVID-19 and sent it President Trump’s desk to be signed into law. The legislation includes about $826 million for the National Institute of Allergy and Infectious Diseases to develop coronavirus vaccines, treatments and tests.  Additionally, the Centers for Disease Control and Prevention, U.S. Department of Education and other federal agencies continue to put out guidance for universities in response to COVID-19. All relevant guidance will be posted on the Duke University Coronavirus Response website.

Aside from emergency aid, coronavirus will directly impact forthcoming legislation this spring. Due to COVID-19’s increasing prevalence, we can expect continued activity in Washington over the next few months to assess the global issue and safeguard Americans from the virus.