This week’s Federal Update covers Congressional and Executive Branch activities of interest in Washington, D.C.
Congressional Activities of Interest
Floor Activity
This week, the House and Senate will be in Session until Thursday, Feb. 13th.
The Senate resumed consideration of Tulsi Gabbard to be Director of National Intelligence, who was confirmed on Wednesday afternoon by a vote of 52-48, with Kentucky Senator Mitch McConnell as the lone Republican “no” vote. Robert F. Kennedy Jr. was confirmed as Secretary of the Department of Health and Human Services. The vote was 52-48, with Senator McConnell voting against Kennedy’s nomination.
FY25 Appropriations & Reconciliation
On Wednesday, February 12th, House Republicans released the text of a budget resolution outlining their proposed reconciliation package. The budget proposal mandates a $300 billion increase in spending on defense, immigration enforcement, and border security. The full text of the budget resolution may be found here. The House will mark up this budget resolution today.
Meanwhile, the Senate is moving forward with its own budget reconciliation plan. On Friday, Senate Budget Committee Chair Lindsey Graham (R-SC) released the text of a Senate budget resolution proposing to provide $342 billion over four years for border security, the Department of Defense, and domestic energy production, and to offset new funding with unspecified cuts to other programs. The Senate resolution set March 7 as the deadline for Senate committee chairs to respond to their respective reconciliation instructions whether they are directed to reduce or increase spending.
Bills Introduced
H.R. 1106 – America COMPETES Act. Sponsored by Rep. Paul Tonko (D-NY), H.R. 1106 seeks to amend the America COMPETES Act to establish clear scientific integrity policies for federal agencies that fund, conduct, or oversee scientific research. The bill is designed to ensure that research findings remain free from political interference and that agencies operate with transparency and accountability in their scientific work. By codifying these policies, H.R. 1106 aims to protect the integrity of federally funded research and reinforce public trust in scientific institutions.
H.R. 1048 – DETERRENT Act. Introduced by Rep. Michael Baumgartner (R-WA) and Education and Workforce Committee Chairman Tim Walberg (R-MI), H.R. 1048, the Defending Education Transparency and Ending Rogue Regimes Engaging in Nefarious Transactions (DETERRENT) Act, addresses foreign influence on American campuses, particularly from nations like China, by enhancing reporting in Section 117 of the Higher Education Act. H.R. 1048 lowers the foreign gift reporting threshold from $250,000 to $50,000 and requires full disclosure of all foreign gifts from countries of concern. The bill also mandates universities report foreign gifts to individual faculty and staff in a publicly accessible database, increases oversight of foreign investments in university endowments, and enforces penalties—including fines and loss of Title IV funding—for institutions that fail to comply. The legislation passed the House in the last Congress with bipartisan support (246-170) and has been reintroduced this session.
H.R. 1174 – Adjusting the 90/10 Rule for Distance Education. Introduced by Rep. Burgess Owens (R-UT) H.R. 1174 proposes an amendment to the Higher Education Act to allow non-Federal revenue generated through certain distance education programs to count toward the 90/10 rule, a regulation governing proprietary institutions of higher education. The 90/10 rule requires for-profit colleges to derive at least 10% of their revenue from non-Federal sources, ensuring they are not entirely dependent on federal student aid. This bill seeks to expand the definition of qualifying non-Federal revenue, potentially benefiting institutions that offer distance learning programs.
H.R. 1183 – Introduced by Representative Alma S. Adams (D-NC) on February 11, 2025, aims to prohibit discrimination against athletes based on sex by state athletic associations, intercollegiate athletic associations, and institutions of higher education.
S. 418 – Prohibiting Foreign Contracts in Defense Research. Sponsored by Senator Jim Banks (R-IN), S. 418 seeks to prohibit contracts between certain foreign entities and institutions of higher education conducting Department of Defense-funded research. The bill aims restrict foreign adversaries from gaining access to sensitive projects through partnerships with American universities. Additionally, S. 418 imposes post-employment restrictions on researchers involved in Defense Department-funded projects, ensuring that individuals with access to classified or sensitive research cannot later work for foreign governments or entities of concern.
Hearings This Week
- On Wednesday, February 12th, the House Committee on Science, Space, and Technology’s Subcommittee on Energy held a hearing on the role of the Department of Energy’s National Laboratories in advancing quantum science, artificial intelligence, and energy technology while addressing national security risks.
Indiana Representative Jim Baird emphasized the Midwest’s leadership in quantum research, particularly the “Quantum Corridor” from Indiana to Chicago, and the need to secure research networks. Experts highlighted ongoing investments in quantum infrastructure but noted that technology is still developing. Experts acknowledged cybersecurity risks in transitioning nuclear systems from analog to digital but pointed to DOE-led advancements in reactor technology as a model for universities exploring similar innovations. Watch a recording of the hearing here.
- On Thursday February 13th the House committee on Foreign Affairs held a hearing titled, “The USAID Betrayal.” Indiana Representatives Jim Baird and Jefferson Shreve sit on the House Foreign Affairs committee. Watch the hearing here.
- On Thursday February 13th, the Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing to consider the nomination of Linda McMahon as Secretary of Education. Indiana Senator Jim Banks is a member of the Committee. The hearing, which started at 10am, may be livestreamed here.
Markups
- On Wednesday, February 12th, the House Education and Workforce Committee held a markup of the DETERRENT Act (H.R. 1048).
During the markup, Indiana Representative Mark Messmer spoke in support of the DETERRENT Act, especially sections of the bill that requires more interagency reporting between the Department of Education, the FBI, CIA, the Department of State, and the National Science Foundation, among other agencies. The Committee voted along party lines to advance the bill, with all Republican members voting in favor and all Democrat members voting against.
- On Thursday, February 13th, the House will mark up its FY25 budget resolution. Watch the hearing here.
Executive & Judicial Branch Activities of Interest
NIH Releases Guidance Imposing 15% Cap on F&A Costs; Guidance Temporarily Blocked Nationwide
On Friday, February 7th, the National Institutes of Health released Supplemental Guidance to the 2024 NIH Grants Policy Statement that would impose a 15% cap on facilities and administrative (F&A) costs. 22 states, several higher education associations, and individual universities filed lawsuits to block the NIH from implementing the guidance. On Monday, February 10th, Judge Angel Kelley issued a Temporary Restraining Order (TRO) blocking the guidance from going into effect for all institutions across the U.S. A hearing on these cases has been set for Friday, February 21th.
Department of Education terminates IES Contracts
This week the Department of Education cancelled nearly $900 million in Institute for Education Sciences (IES) contracts, including contracts for the National Center for Education Statistics. According to a post on X (formerly Twitter), the effort to terminate contracts is being led by the newly created Department of Government Efficiency (DOGE). It is reported that activities like the National Assessment of Educational Progress, the College Scorecard, and the College Navigator have not been impacted by the cuts.