Washington Update

Government Funding Update 

Senate Majority Leader Chuck Schumer (D-NY) and Speaker Mike Johnson (R-LA) reached an agreement on FY24 topline spending. The deal includes $886 billion in defense spending and $773 billion for non-defense discretionary (NDD) funding. Under the agreement, defense spending would increase 3 percent and non-defense discretionary funding would remain roughly flat.  

Federal agencies receiving appropriations through the Agriculture, Energy & Water, Military Construction-Veterans Affairs, and Transportation-HUD appropriations bills are funded through January 19, with all other federal agencies funded through February 2. Beyond the tight timeline, additional hurdles remain toward finalizing FY24 appropriations, including potential of a supplemental package that could include border security and military aid for Israel and Ukraine. 

APLU will continue to advocate for strong levels of funding for higher education and research programs as FY24 negotiations continue.  

Update on FAFSA Soft Launch  

This year, the U.S. Department of Education (ED) is implementing the FAFSA Simplification Act, which reduces the number of FAFSA questions, changes need analysis, and will expand eligibility for the maximum Pell Grant to an additional 1.5 million students. While FAFSA normally launches on October 1, ED posted the new 2024-25 FAFSA form on December 30, using a “soft launch” with limited availability while they fix technical issues. ED will not send financial aid data to institutions until at least late January. This compressed timeline presents many challenges to both institutions and students, and APLU has been in regular contact with ED press to facilitate a smoother transition.  

On January 8, the Department announced that over 1 million students successfully completed the FAFSA during the soft launch period. The FAFSA is now continuously available to students and their families, aside from periods of routine maintenance. The Department expects more than 17 million students will complete the FAFSA this year. For additional resources, view Federal Student Aid’s 2024-25 FAFSA Updates web page, which includes outreach materials for students and families, technical materials for financial aid professionals, and other useful resources in the right-side panels. Stakeholders can also join one of ED’s upcoming webinars on Thursday, January 18 or Thursday, February 22 from 1-2pm EST. 

Education Department Begins Negotiated Rulemaking  

The U.S. Department of Education is in the midst of negotiated rulemaking hearings concerning Institutional Quality and Program integrity. The rulemaking sessions will address the Secretary of Education’s recognition of accrediting agencies; institutional eligibility, including state authorization; distance education; Return of Title IV Funds; cash management practices; and TRIO participant eligibility. Ahead of the negotiations, the Department published six issue papers. Through negotiated rulemaking, the U.S. Department of Education works to develop proposed regulations in collaboration with representatives of the stakeholder parties who may be impacted. 

The issue papers will form the basis of the negotiators’ initial conversations as the Department refines and develops its proposals throughout the process. Updated issue papers will likely be included on the negotiated rulemaking page ahead of each convening of the panel. The first session of the Institutional Quality and Program Integrity panel meets January 8-11, and the TRIO subcommittee convenes on January 12.  

Department of State Announces Update on Waivers of the Interview Requirement for Certain Nonimmigrants  

The U.S. Department of State, in conjunction with the U.S. Department of Homeland Security, announced updates on waivers of the interview requirement for certain nonimmigrant visas effective January 1, 2024. Under the new guidance, interview waiver authorities now cover first-time H-2 applicants (temporary agricultural and non-agricultural workers) and other nonimmigrant visa applicants who were previously issued a nonimmigrant visa in any classification other than a B visa and are applying within 48 months of their most recent nonimmigrant visa’s expiration date.  

This is both an expansion (now all nonimmigrant categories are eligible) and a restriction (individuals who previously entered the U.S. on a B visa are no longer eligible) of the temporary interview waiver authority granted during COVID. 

APLU joined a higher education community letter urging the Department of State to extend interview waiver flexibilities established during the COVID-19 pandemic for certain nonimmigrant visa applicants.