House Approves Bill to Avert U.S. Default, Sending It to Biden
The House gave final approval on Tuesday to legislation that would raise the debt ceiling into early December, postponing the threat of a first-ever federal default even as Republicans vow to reimpose their blockade on a longer-term solution. The legislation lifts the debt ceiling by $480 billion, which the Treasury Department has estimated is enough to last until at least Dec. 3, setting up yet another deadline for Congress to break its logjam over the issue. The temporary extension was necessary because Republicans had blocked Democrats’ legislation to provide a longer-term increase, demanding that they do so through a complex and time-consuming budget maneuver instead of through normal channels. Last week, a handful of Senate Republicans temporarily dropped their party’s monthslong obstruction to a debt limit measure and voted to break a filibuster of the short-term bill, allowing it to come to a vote in that chamber. On Tuesday, every House Republican voted against raising the debt ceiling even for a matter of weeks, as Democrats pleaded for bipartisan support. ( The New York Times - Oct. 12, 2021)
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AAU Submits Comments to U.S. Copyright Office on Small Claims Procedures for Library and Archives Opt-outs and Class Actions
Last week, AAU submitted a public comment to the United States Copyright Office in response to a notice of proposed rulemaking, issued on September 2, 2021, regarding the procedures for libraries and archives to opt out of proceedings before the Copyright Claims Board under the Copyright Alternative in Small-Claims Enforcement Act. AAU’s comment supports comments on the NPRM submitted by the Library Copyright Alliance. AAU noted that while it finds the proposed rule acceptable for the most part, it does not agree with the Copyright Office’s “conclusion that the preemptive opt-out does not apply to library employees operating within the scope of their employment.” The comment noted that while employees should be held liable for infringement acts, they should be able to opt out of CCB proceedings if the institution that employs them opts out. Under the NPRM, AAU wrote, libraries could end up devoting a significant amount of time and resources on CCB proceedings on behalf of employees who fail to opt out even when the institution itself has opted out. “The net result is a rule that requires a library to participate in CCB proceedings against its will in defense of its employees,” the comment added. ( Association of American Universities - Oct. 13, 2021)
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NIH and OSTP to Host Listening Session on ARPA-H
The National Institutes of Health and the White House Office of Science and Technology Policy are hosting an ARPA-H listening and feedback session on October 20, 2021, from 2:30 to 4:00 p.m. ET. The organizations are seeking feedback from “patient advocacy groups, industry, scientific professional organizations, and other stakeholders.” Register here. ( Association of American Universities - Oct. 13, 2021)
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Departments Call Attention to Students’ Mental Health Rights
The Departments of Education and Justice released a fact sheet Wednesday on how postsecondary institutions should respond to the mental health needs of their students, particularly in light of the COVID-19 pandemic. Research has shown an increase in suicidal ideation among young adults throughout the pandemic, according to the Department of Education. The fact sheet encourages colleges and universities to develop trauma-informed crisis management procedures, provide access to mental health services, offer policy modifications for individual students when appropriate and train employees to respond to signs of distress. It also reminds institutions that students with mental health disabilities are protected by federal civil rights laws, including the Rehabilitation Act of 1973 and the Americans With Disabilities Act of 1990. Those laws require colleges and universities to assess an individual student’s circumstance in developing a response to their mental health needs and provide reasonable modifications to institutional policies, practices and procedures as appropriate. ( Inside Higher Ed - Oct. 14, 2021)
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American Federation of Teachers Settles Lawsuit against Education Dept. over Loan Forgiveness Program
The American Federation of Teachers said Wednesday that it has secured a settlement with the U.S. Education Department that could serve as the legal backbone for a spate of changes to a loan forgiveness program for public servants. The agreement resolves a 2019 lawsuit the teachers union filed against then-Education Secretary Betsy DeVos and the department alleging gross mismanagement of the Public Service Loan Forgiveness program. It affords teachers, firefighters, nurses and other public servants who have been denied cancellation a case review by the Education Department and credit for years of past payments. Those provisions align with the Biden administration’s initiative to bring more than 550,000 people working in the public sector closer to debt cancellation by crediting past payments and reconsidering rejected applications. American Federation of Teachers President Randi Weingarten said the legally binding settlement will now give teeth to Biden’s temporary measures. ( The Washington Post - Oct. 13, 2021)
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