January 2021 Washington Update

COVID Supplemental Funding

Higher Education Emergency Relief Fund II (HEERF II) Update

On January 8, the Department of Education announced $4 billion in funding for the Governor’s Emergency Education Relief (GEER) fund. The State of Florida is set to receive $288.7 million.

On January 14, the Department of Education released $21.2 billion in funding for the Higher Education Emergency Relief Fund (HEERF). The Department’s HEERF II site you can find allocations and FAQ for institutions for both institutional aid and student emergency grants. UF will receive $49.578 million.

ACE, AAU, and APLU joined partner higher education associations on a letter to Department of Education (ED) Secretary-designate Miguel Cardona seeking clarity on student eligibility. The Trump administration issued guidance earlier making more students eligible to receive assistance in CRRSAA. However, the guidance did not specifically address whether DACA recipients, undocumented students, and/or international students would be eligible to receive funds through HEERF II (these groups of students were not eligible to receive funds under the prior administration’s interpretation of the CARES Act). The letter requests ED issue additional guidance clarifying that all students at qualified institutions are eligible to receive HEERF II funds.

COVID-10 Relief (HEERF III) Takes Shape 

On January 28, Senate Majority Leader Chuck Schumer (D-NY) signaled Democrats are ready to move forward without Republican support on President Biden’s $1.9 trillion COVID-19 relief proposal. Leader Schumer said while he hopes for bipartisan negotiations, he is unwilling to make significant concessions on the bill’s price tag, a big sticking point for Republicans. Without Republican support, a COVID-19 relief legislation would have to pass via budget reconciliation.

As a reminder, the higher education community is seeking $97 billion for the Higher Education Emergency Relief Fund (HEERF) and $26 billion for research relief in the next COVID-19 relief package.

President-Elect Biden Nominates Cardona Secretary of Education 

Miguel Cardona, current Commissioner of Education for the state of Connecticut, has been nominated as President-elect Biden’s Secretary of Education. As a former fourth grade teacher and principal in the Meriden, Connecticut public school system, Cardona’s background is primarily in elementary and secondary education. Dr. Cardona has expressed his support for free community college and all public colleges for families earning less than $125,000, a policy that Biden has prioritized throughout his campaign and as President-elect. Cardona does have some experience in the field of higher education, acting on the Connecticut State Colleges & Universities Board of Regents as an ex officio member as well as teaching as an adjunct professor at the University of Connecticut. A full biography of Cardona can be found on the Biden Transition Team website found here. On January 18, Dr. Cardona met virtually with leaders from the higher education community, including ACE, AAU, and APLU, and discussed issues including pandemic recovery, access and equity, and how best to increase student success.

President Biden Issues Multiple Executive Orders Affecting Higher Education 

Shortly following his inauguration, President Biden issued a series of executive orders (EO) repealing a number of Trump administration policies impacting higher education. The President withdrew the EO restricting diversity training for federal contractors and grantees; extended student loan relief through September; directed the Department of Homeland Security (DHS) to take appropriate measures to fortify DACA and to ensure DACA recipients are protected from deportation; rescinded the travel bans; revoked the EO excluding undocumented populations from the census; and more.

President Biden Releases Fact Sheet Detailing Immigration Legislative Proposal 

The Biden administration released the framework for its legislative proposal on immigration. The U.S. Citizenship Act of 2021 is broken into three sections: pathways to citizenship and strengthened labor protections; border management; and addressing the root causes of immigration, particularly from Central America. The plan includes an eight-year pathway to citizenship for immigrants in the U.S. as of January 1, 2021; DACA and TPS beneficiaries could apply for a green card immediately and receive citizenship within three years. The bill also contains several revisions to the legal immigration process, including recapturing unused employment and family-based visas and exempting spouses and children of green card holders from quotas. The bill would also grant work permits for spouses and children of temporary workers. In addition, doctoral graduates in STEM fields would be exempted from visa limits. However, H-1B visa allocation levels are not increased in the legislation.

Higher Education Associations Ask Secretary of State Blinken to Support International Students 

ACE, AAU, and APLU joined a higher education community letter to Department of State Secretary Anthony Blinken congratulating him on his confirmation and bringing attention to major issues of importance to the higher education community. The letter urges Secretary Blinken to allow flexibility for consular officers in interpreting an international student’s intent provision when adjudicating student visa applications; work with the Department of Homeland Security to ensure the timely and efficient processing of visa applications and work authorizations for international students and scholars; and push Congress to enact legislation that would allow for “dual intent” when international students apply for a non-immigrant student visa.

President Biden Announces his Science Team 

On January 15, President-elect Biden and Vice President-elect Harris announced key members of their White House science team who will play a critical role in addressing the pandemic and advancing science-driven policy. Francis Collins will continue in his role as director of the National Institutes of Health; Eric Lander will be tapped to lead OSTP and serve as the Presidential Science Advisor; Frances Arnold and Maria Zuber will serve as external Co-chairs of the President’s Council of Advisors on Science and Technology (PCAST).

President Biden Issues Executive Orders on Climate Change and Scientific Integrity 

President Biden signed executive orders addressing climate change, scientific integrity, and reinstating the President’s Council of Advisors on Science and Technology (PCAST). The executive order on climate change puts the issue at the center of U.S. foreign policy, creating a new Special Presidential Envoy for Climate to sit on the National Security Council. The order also establishes several key offices and councils to help address climate change, including the White House Office of Domestic Climate Policy, White House Environmental Justice Interagency Council, White House Environmental Justice Advisory Council, and National Climate Task Force. Additionally, the order outlines strategies to reduce climate pollution in important sectors of the economy and protect public health through innovation, commercialization, and deployment of clean energy technologies and infrastructure.

The president also issued a memorandum on scientific integrity and evidence-based policymaking, directing government agencies to make decisions based on the best available science and data. Additionally, President Biden signed an executive order re-establishing the President’s Council of Advisors on Science and Technology (PCAST) to advise the president on science, technology, and innovation policies as well as scientific and technical information needed to inform public policies related to the economy, racial equity, education, national security, and more.

Trump Administration JCORE Releases Final Report on Securing America's Research Enterprise 

The Joint Committee on the Research Environment (JCORE) Subcommittee on Research Security released its long-awaited report, Recommended Practices for Strengthening the Security and Integrity of America’s Science and Technology Research Enterprise, on protecting and safeguarding the United States’ research and development (R&D) enterprise. The report encourages research organizations to “demonstrate robust leadership and oversight; establish and administer policies to promote transparency and guard against conflicts of interest and commitment; provide training, support, and information on research security; ensure effective mechanisms for compliance with organizational policies; and implement processes to assess and manage potential risks associated with collaborations and data.” JCORE said it hopes these recommendations will protect research integrity while preserving open and collaboration critical to U.S. leadership in R&D.