Divided Congress; First Time Since 2014

Source: Politico

Newly Elected Members with Academic and/or Science Background

Sean Casten (D-IL)—Renewable energy entrepreneur

Joe Cunningham (D-SC)—Ocean engineer

Chrissy Houlahan (D-PA)—Engineer

Elaine Luria (D-VA)—Nuclear engineer

Donna Shalala (D-FL)—University president

Lauren Underwood (D-IL)—Nursing; Adjunct professor

Jeff van Drew (D-NJ)—Dentist

Likely Changes to Leadership and Committees ➢Rep. Nancy Pelosi (D-CA) is expected to become the Speaker of the House

➢Sen. Mitch McConnell (R-KY) will continue to lead the Senate Republican caucus as the Majority Leader

❑ Several key Congressional committees of importance to graduate education will experience changes in both their leadership and member make-up

❖ In the House, all current ranking members are expected to become chairman:• House Education and the Workforce: Rep. Bobby Scott (D-VA)• House Science Committee: Rep. Eddie Bernice Johnson (D-TX)• House Ways and Means Committee: Rep. Richard Neal (D-MA)• House Judiciary Committee: Rep. Jerrold Nadler (D-NY)• House Appropriations Committee: Rep. Nita Lowey (D-NY)• House Energy and Commerce Committee: Rep. Frank Pallone (D-NJ)

❖ In the Senate:• Sen. Lamar Alexander (R-TN) and Sen. Richard Shelby (R-AL) are expected to remain as chairs of the

Health, Education, Labor, and Pensions (HELP), and Appropriations Committees, respectively• Due to retirements and leadership races, leadership of the Senate Finance, Judiciary, and Commerce,

Science, and Transportation Committees is less clear

What’s Left in the 115th: Lame Duck Session

❑ Government Funding: Continuing Resolution (CR) Runs Out Dec. 7• In September, Congress passed 5 of the 12 annual spending bills for FY 2019: Labor-HHS-

Education, Energy-Water, Defense, Military Construction-Veterans Affairs, and Legislative Branch

• The remain bills on currently funded through a CR• A package of four bills—Agriculture, Interior-Environment, Financial Services, and

Transportation-HUD—is likely to pass• Fate of Commerce-Justice-Science, State and Foreign Operations, and Homeland Security

less clear

❑ Senate will continue work on judicial & cabinet-level nominations

❑ Budgetary Process Reform• The Joint Select Committee on Budget and Appropriations Process Reform could hold a

mark-up of a package of proposed changes to the budget process, which is likely to include recommendation to move the annual adoption of a budget resolution to a biennial one, or every two years

What’s Left in the 115th: Higher Education

❑ Bills introduced in the Senate on student loans • S. 3584 Affordable Loans for Any Student Act of 2018

➢ Simplification and consolidation of income-based repayment options➢ Robust, transparent loan counseling options➢ Elimination of origination fees

• S. 3595 Student Loan Repayment Acceleration Act➢ Allow employers to make tax-free contributions of up to $10,000

annually toward employees’ student loans➢ Allows employers to choose the means through which they provide

these payments

116th Congress: Potential Legislative Agenda

❑ Investigations❑ Changes to ethics laws❑ Voting rights and campaign laws❑ Gun control legislation❑ Healthcare❑ Infrastructure (most potential for bipartisan consensus)❑ Confirmations in the Senate❑ Raising the debt ceiling

❑ Higher Education Related Policies• Higher Education Act (HEA) Reauthorization• Immigration • Tax

116th Congress: HEA

❑ The fate a reauthorization is unclear in a divided government, although there are some areas of common ground between the parties, particularly around the expansion of student loan counseling and elimination of origination fees

❑ House Democrats could pursue an HEA proposal similar to the Aim Higher Act

❑ The Senate could also craft its own bill, which is more likely to be bipartisan

❑ Additionally, the House is likely to exercise more oversight over the Department of Education, especially with respect to Title IX and implementation of the Public Service Loan Forgiveness (PSLF) program

116th Congress: Immigration

❑ Both parties remain eager to pass a permanent legislative fix for the Deferred Action for Childhood Arrivals (DACA) program, but immigration remains a contentious issue

❑ The House could move to pass the Dream Act, which would provide a pathway to citizenship for DACA recipients

❑ It is unlikely that it would pass the Senate

116th Congress: Tax

❑ House Democrats are likely to hold hearings on the effectiveness of the Tax Cuts and Jobs Act, including passing a series of targeted fixes

❑ Several bills introduced by House Democrats would expand tax credits for college students

❑ There is bipartisan support in both chambers for legislation with respect to retirement savings, which could include provisions on expanding 529 plans and retirement savings accounts for graduate students

Potential Regulatory Actions: Department of Education

❑ Borrower Defense: Department moved to delay final regulations (due Nov. 1), so earliest they can go into effect is July 2020

❑ Title IX Campus Sexual Assault: Department issued temporary guidance; final draft was scheduled to be released this fall

❑ Rules overseeing state authorization of distance education, accreditation, updating regulations on the Graduate Assistance in Areas of National Need (GAANN) Program, and TEACH Grants are all in the proposed rule stage

Potential Regulatory Actions: Department of Homeland Security

❑ A proposed rule would change the period of authorized stay for F-1 visas from the current "duration of status” to a fixed maximum term scheduled for September 2019

❑ Another proposed regulation would establish an electronic registration program for the H-1B visa lottery process

❑ An additional proposal, slated for next summer, would change the definition of “specialty occupation,” “employment,” and “employer-employee relationship” under the H-1B visa program

Potential Regulatory Actions: Department of Labor

❑ Rewrite of the 2016 overtime regulation, which doubled the salary threshold under which workers are guaranteed overtime pay, is slated to be released in March 2019

Elections Results at the State Level

❑ Seven governorships— Illinois, Kansas, Maine, Michigan, Nevada, New Mexico, Wisconsin—switched parties, along with the control of six state legislatures

❑ Several of the incoming governors addressed higher education issues on the campaign trail, such as student loan debt, tuition at public universities, competency-based education, and workforce development programs

❑ Several of the changes come in states where student loan companies are being scrutinized. New leadership could move to pass tighter regulations despite an ongoing dispute between several states and the federal government over the authority to oversee these companies

➢ State elections could have significant implications for higher ed