Washington Update 

Fiscal Year 2025 National Defense Authorization Act  
APLU continues to engage Congress in support of member institution priorities in the Fiscal Year 2025 (FY25) National Defense Authorization Act (NDAA). 

This week, APLU joined a letter signed by 19 higher education associations calling for the removal of provisions within the House-passed and FY25 NDAA. The letter echoes concerns outlined in a September 26 joint conference letter that APLU and AAU previously sent to both the House and Senate committees on Armed Services as well as a letter released by Department of Defense (DoD) Secretary Lloyd J. Austin. As a specific example, APLU expressed concern with provisions of the legislation that would place restrictions on DoD research with certain individuals and institutions, limiting the pool of scientists the Department may engage with to conduct national security-related research. Broadly, the association expressed concern that the provisions would jeopardize the ability of research universities to continue conducting critical research and innovation, attract and retain international talent, and deliver scientific advancements that guarantee the nation’s technological leadership.     

What’s Next: APLU continues to engage in discussions with both the House and Senate Armed Services Committees and DoD ahead of FY25 NDAA negotiations over the next month in furtherance of legislation that best reflects priorities of public research universities.  

House Select Committee on Chinese Communist Party/Education and Workforce Majority Release Report Critical of US Universities’ Research Partnerships Involving China 
On September 23, the House Select Committee on the Chinese Communist Party (CCP) and House Education and the Workforce Committee Majority released its report “How American Taxpayers and Universities Fund the CCP’s Advanced Military and Technological Research.” The report culminates over a year-and half long Republican-led investigation to examine the relationships between U.S. universities, federally funded researchers, and entities in the People’s Republic of China (PRC). Minority members of the House Select and Education and Workforce Committees did not participate in the report.  

The Bottom Line: The report provides policy recommendations which are summarized in the Committee’s press release as follows: 

• Strengthening the guardrails around research collaboration on dual-use, critical, and emerging technologies with foreign entities of concern. 

• Implementing post-award restrictions on collaborations with blacklisted entities from a foreign country of concern. 

• Adopting the DETERRENT Act to require enhanced transparency from universities and researchers of foreign gifts and contracts. 

• Strengthening oversight and enforcement of postsecondary institutions’ failure to disclose foreign gifts and contracts 

The House Select Committee is not a legislative committee. Its proposed policy recommendations could be considered by the relevant committees of jurisdiction. 

ODNI Releases Background Brief on Foreign Malign Influence and Transnational Repression 
Last week, the Office of the Director of National Intelligence (ODNI), the U.S. Department of Education, and the Federal Bureau of Investigation co-released a document on Foreign Malign Influence and Higher Education.  

Go Deeper: This brief is the result of years of effort by the interagency to create coordinated definitions for key threats to U.S. Institutions of Higher Education, including Foreign Malign Influence, Misappropriation of Research, and Transnational Repression. ODNI hopes this brief will be a first step in increasing awareness surrounding Foreign Malign Influence with leadership amongst Institutions of Higher Education, faculty, staff, and students.  

What’s Next: APLU, alongside other associations, participated in quarterly meetings convened by ODNI to help inform their creation of this document and coordination with the higher education community. ODNI encourages campus constituents to report suspected Foreign Malign Influence or Transnational Repression activity to their local FBI field office or online at tips.fbi.gov.

APLU, AASCU, and SHEEO Letter on In-state Tuition Mandates  
APLU led the development of a joint letter with the American Association of State Colleges and Universities (AASCU) and the State Higher Education Executive Officers Association (SHEEO) on the recent federal mandate extending in-state tuition to citizens of the Freely Associated States (Micronesia, Marshall Islands, and Palau).  

Go Deeper: As the provision went into effect July 1, 2024 for the 2024-2025 award year, public colleges and universities must now provide in-state tuition levels to this population of non-resident students as a condition of Title IV eligibility. The letter broadly expresses concern with Congress interjecting in policies related to in-state tuition determinations, but additionally raises concerns with the compressed implementation timeline. As tuition policies can require state legislative action, the process of implementing the policies would be onerous for institutions.  

The Bottom Line: The letter urges Congress to return to the long-respected roles of state and federal governments in setting college tuition and expresses great concern about the precedent it sets. 

Student Aid Alliance Sends Letter to Administration Seeking Robust Increases to Federal Student Aid in FY26 
On September 25, the Student Aid Alliance, of which APLU is a steering committee member, sent a letter to Education Secretary Miguel Cardona and White House Office of Management and Budget Director Shalanda Young seeking robust increases for federal student aid in the FY26 budget proposal. 

Go Deeper: The request urges the administration to continue working to double the maximum Pell Grant to at least $13,000. The letter also requests that the administration signal strong support for campus-based aid programs, Federal Work Study and Supplemental Education Opportunity Grants, by significantly increasing program funding to outpace inflation. While expressing appreciation for the administration’s requests for TRIO and GEAR UP increases, the Student Aid Alliance seeks further increased funding for these college access and success programs, as well as a funding increase for Graduate Assistance in Areas of National Need (GAANN) fellowships.