Washington Update: APLU Comments on Gainful Employment and Borrower Defense Rules; Supreme Court Set to Hear Travel Ban Case in October; House Science Committee Passes Small Business Tech Transfer Bill

APLU Comments on Gainful Employment and Borrower Defense to Repayment Rules
Before reopening rulemaking on the “Gainful Employment” and “Borrower Defense to Repayment” regulations, the U.S. Department of Education is holding two public hearings this week and accepting public comments. The first meeting was held Monday in Washington, DC and the second meeting is being held today in Dallas.

APLU submitted comments recognizing that some changes to the rules may be needed, but also urging the Department of Education to not move backwards in protecting students from fraudulent practices of unscrupulous actors and institutions with bad outcomes.

Supreme Court Allows Limited Travel Ban, Set to Hear Case in October
The U.S. Supreme Court announced that it will hear arguments on the legality of the Trump administration’s executive order, Protecting the Nation from Foreign Terrorist Entry into the United States, in October. In the meantime, the Court has granted part of the administration’s request to stay the lower courts’ ruling. The Court narrowed the scope of the order so that it “may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.” The ruling provides an example of a student admitted to a U.S. university as such a relationship with an American entity. Justices Thomas, Alito and Gorsuch dissented, stating in the minority opinion that “the compromise will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a ‘bona fide relationship,’ who precisely has a credible claim to that relationship, and whether the claimed relationship was formed ‘simply to avoid’ the executive order.” President Trump issued a statement calling the Supreme Court’s decision “a clear victory.”

House Science Committee Passes SBIR/STRR Legislation
Last month, both the House Small Business Committee and House Committee on Science, Space, and Technology approved H.R. 2763, the Small Business Innovation Research and Small Business Technology Transfer Improvements Act of 2017. The bill would make a few minor adjustments to the SBIR and STTR programs. As currently written, H.R. 2763 would not make changes to the set-aside percentages for SBIR and STTR required for research agencies.