Budget and Appropriations Movement in Both Chambers

The Senate Budget Committee is currently working on a proposed framework that would expand on Biden’s requested funding in a number of areas, including higher education and immigration benefits and services, as reported by Roll Call. The $6 trillion draft budget proposal builds on President Biden’s American Jobs Plan and American Families Plan. If adopted, it would permit lawmakers to pass legislation through reconciliation, the special legislative process that lawmakers leveraged to pass the American Rescue Plan in March 2021. A finalized budget resolution would also commence the fiscal year (FY) 2022 appropriations process in the upper chamber.

On June 14, the House Budget and Rules committees approved a $1.506 trillion budget for FY22, which sets a total spending level for House appropriators. House Appropriations Chair Rosa DeLauro (D-CT) announced the Committee’s expected schedule for marking up FY22 appropriations bills. CGS requests to Congress and member resources on FY22 appropriations are available here.

On June 21, the Department of Education began its three-day negotiated rule-making process on Title IV of the Higher Education Act of 1965, which regulates the U.S. federal student financial aid programs. On June 21, 23, and 24, the department held virtual public hearings, where officials listened to commentators discuss topics related to federal student aid, including public service loan forgiveness, discharges for borrowers with disability, income-contingent loan repayment plans, and more. In addition to the department’s list of solicited topics, officials invite the public to comment on any regulatory issue that can improve outcomes for students, especially borrowers. The department is accepting written comments until July 1.

 

Following the public hearings, the department will accept nominations for nonfederal negotiators to serve on the negotiated rule-making committees, part of the mandated process for developing regulations for programs under Title IV. The committees are expected to convene later this summer, and the department is making a concerted effort to select a diverse group of individuals to serve as negotiators. Information on the negotiated rule-making process and how negotiators are selected, among other details, are outlined here.

On June 23, U.S. Secretary of Education Miguel Cardona released a statement recognizing the 49th anniversary of the Title IX of the Education Amendments of 1972, championing Title IX as “the strongest tool we have to protect every student’s right to equal access to educational opportunities free from sex discrimination.” Also, on June 23, the department announced plans to issue new Title IX regulations in spring 2022. The announcement comes after virtual hearings were held this month to accept feedback on how the administration has approached Title IX.

 

On June 2, CGS joined the higher education community on a comment letter regarding Title IX’s impact on higher education institutions. The letter addresses the implications of current Title IX processing create pressures for institutions to act as courts; conflict among federal mandates and the myriad of state and local laws and precedents to which institutions must comply; unclear definitions and language on “sexual harassment” and other qualifiers; the heightened cost of compliance to Title IX; and encouragement to include stakeholders in revisions of Title IX.

On June 22, White House Office of Science and Technology Policy Director Eric S. Lander, Ph.D. and National Institutes of Health Director Francis S. Collins, M.D., Ph.D, along with other colleagues, shared their vision for the Advanced Research Projects Agency for Health (ARPA-H), a new entity that would accelerate biomedical breakthroughs in the U.S. ARPA-H is proposed to be housed under the National Institute of Health with considerable independence to support innovative research. To ensure innovation, ARPA-H would establish a more nimble organizational structure, with autonomy to select and fund projects, similar to the Defense Advanced Research Projects Agency and ARPA-Energy. President Biden’s fiscal year 2022 budget proposal requests $6.5 billion for ARPA-H to champion innovative ideas in health and medicine. ARPA-H would focus on time-limited projects addressing practical problems in prevention, treatment, and creating cures to a range of diseases.

As of June 22, Senator Elizabeth Warren (D-MA) has blocked the confirmation of James Kvaal, President Biden’s choice to serve as the undersecretary of the Department of Education, the top agency official overseeing higher education policy. Senator Warren placed a hold on Kvaal’s nomination in hopes of steering the Biden administration into action regarding student loan debt, particularly how the Department of Education manages the federal student loan program. Additionally, Senator Warren and other policymakers have continued to request guidance on how the department will restart millions student loan borrower repayments, which have been paused during the COVID-19 pandemic.

 

If confirmed, Kvaal would bring key higher education policy experience to the agency’s leadership, serving as a valued resource as the department begins to work on its higher education agenda, which includes rewriting regulations for certain student loan relief programs and for-profit institutions. Kvaal most recently served as the president of The Institute for College Access and Success and formerly as the senior advisor on domestic policy and deputy undersecretary of education in the Obama administration.