Held by Department of Labor, September 7-24
The Department of Labor has begun holding listening sessions around a potentially redrafted “Overtime Rule” to replace the one stymied from going into effect in 2017. The sessions will be held in five cities throughout September: Atlanta, Georgia; Seattle, Washington; Kansas City, Missouri; Denver, Colorado; and Providence, Rhode Island. A proposed rule is scheduled to go be released in January 2019.
American Council on Education and 21 other higher education associations including NASPA, September 13, 2018
These comments sent to the Department of Education in response to a recently proposed rule to rescind Obama-era gainful employment regulations makes a case for a revised versus rescinded version of the rule, and asks the Department to reconsider their proposal.
By Diana Ali, policy analyst, September 13, 2018
The public sector, the collection of good and services provided at the local, state, and federal level that all residents of the United States are able to enjoy collectively, does not belong to anyone. However, the public sector must be funded through various governmental means, including tax dollars, fees, and funding allocated by various sectors of government. In the case of the federal government, where the fiscal year runs from October 1 to September 30 of the following year, many Executive agencies and programs rely on annual discretionary funding appropriations made by Congress. As the summer months wane and Congress moves closer to passing legislation so that the federal government may continue to operate smoothly moving into the upcoming fiscal year, federal appropriations tend to dominate the news. This post, by NASPA policy analyst Diana Ali, will discuss the appropriations process, including the role of Congress, and how it pertains to higher education funding for fiscal year 2019 (FY19), which starts October 1, 2018.
By Sarah N. Lynch, Reuters, September 13, 2018
Last week, Attorney General Jeff Sessions revealed he was issuing new guidance for litigators as a step to “assist our Department attorneys in fighting unconstitutional orders.” Sessions pointed to what he deems as the overuse of nationwide court injunctions, and stated that “This trend must stop. We have a government to run. The Constitution does not grant to a single district judge the power to veto executive branch actions.” Since President Trump took office court junctions have prevented the expiration of the Deferred Action for Childhood Arrivals (DACA) program from going into effect, and shot down the first two versions of the travel ban.
By Elissa Nadworny and Anya Kamenetz, NPR, September 13, 2018
A federal court judge ruled that Secretary of Education Betsey DeVos’s delay of the implementation of the Obama-era Borrower Defense to Repayment (BDR) rule was unlawful and “arbitrary and capricious.” While the Department has already initiated the rulemaking process in issuing a new BDR rule, the judge is expected to order a remedy in the next week.
By Melanie Zanona, The Hill, September 16, 2018
The spending bill that was reached last week, included within it a continuing resolution (CR) to provide temporary funding to all agencies with funding set to expire on September 30. Congress now has until December 7 to consider reauthorization for the Violence Against Women Act (VAWA) and funding for the border wall, of which Democrats remain adamantly against. Congress will also need to resolve differences between versions of the farm bill, which includes several food and agriculture programs set to expire at the end of the month. The House version of the legislation includes more stringent requirements for individuals to qualify for food stamps, or the Supplemental Nutrition Assistance Program (SNAP).
By Andrew Kreighbaum, Inside Higher Ed, September 17, 2018
The spending bill that Congress passed last week included an increase to the Education Department’s totally budget despite calls for cuts by President Trump. The maximum Pell Grant has been raised by $100, to $6,195 and Perkins Career and Technical Education grants will see a $70 million increase. Funding was also allotted to the Public Service Learn Forgiveness (PLSF) program to fix eligibility errors caused by loan servicers. The National Institutes of Health will also see an increase by $2 billion from the previous year. On student borrowers, in addition to the increase in PSLF funding, the bill includes a provision allowing students diagnosed with cancer to defer payments during treatment without accruing interest, and limits the Office of Federal Student Air’s plan to overhaul the student loan servicing system.
**Check for updates in the coming months. Most states return to session in January 2019**
-Primary Sponsor: Rep. Kay Granger (R-TX) (Introduced 06/20/2018)
-Latest Action: 09/13/2018 Conference report H. Rept. 115-952 filed
Last week, the House and Senate came to a spending agreement for a combined “minibus” bill for Departments of Defense, Labor, Health, and Human Services. The agreement which will proceed forward to President Trump’s desk includes a continuing resolution which will extend temporary funding for any agency facing a funding lapse until December 7.
**Want to submit comments of your own? Check out NASPA’s Q&A on submitting public comments**
-Notice by the Department of Education on 09/11/2018
-Federal Student Aid; Department of Education
-Comment period that ends on 10/11/2018
Summary: “In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this new notice of a system of records entitled “Postsecondary Education Participants System (PEPS)” (18-11-09) and a rescinded system of records entitled “Integrated Partner Management (IPM) system” (18-11-21). The Department is rescinding the IPM system because the Department did not implement it and will continue using the PEPS system of records.”
-Notice by the Department of Education on 09/11/2018
-Department of Education
Summary: “Pursuant to the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching and Privacy Protections Amendments of 1990 (Privacy Act), and Office of Management and Budget (OMB) guidance on the conduct of matching programs, notice is hereby given of the re-establishment of the matching program between the Department of Education (ED or Department) (recipient agency) and the Social Security Administration (SSA) (source agency).”
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