Tag: temporary

  • McMahon Says ED Agreements Are Temporary

    McMahon Says ED Agreements Are Temporary

    McMahon is committed to fulfilling the president’s campaign promise—shutting down the department and putting herself out of a job.

    Jim Watson/AFP/Getty Images

    To Education Secretary Linda McMahon, outsourcing education-related grant programs to other federal departments is just a “proof of concept” for her larger goal—closing the 45-year-old agency.

    “Let’s move programs out on a temporary basis. Let’s see how the work is done. What is the result? What is the outcome?” she said in an all-staff meeting at the department Tuesday, shortly after publicly announcing six interagency agreements. “And if it has worked and we have proven that this is the best way to do it, then we’ll ask Congress to codify this and make it a permanent move.” (The meeting was closed to the public. All quotes are pulled from a recording obtained by Inside Higher Ed.)

    In 20 minutes, the secretary explained her plan and the framework through which she hopes her employees and the nation will view it.

    “We are not talking about shutting down the Department of Education. We are talking about returning education to states where it belongs,” she said. “That is the right messaging.”

    McMahon cited polling that she said showed that while the public doesn’t support shutting down ED, respondents are more supportive when they hear the plan still preserves ED’s programs by sending them to other agencies.

    A restructuring like the one in Tuesday’s announcement has been rumored for months, and the changes mirror recommendations outlined in Project 2025—a conservative blueprint that called for closing ED. (The education section of Project 2025 was spearheaded by Lindsey Burke, who is now the department’s deputy chief of staff for policy and programs.)

    To advance President Trump’s goal of shuttering the agency, McMahon has previously shipped career and technical education programs to the Department of Labor and laid off nearly half of her staff.

    But while the secretary said she understands the “unrest” and “uncertainty” the reductions in force have caused and stressed that they were hard decisions made with the “greatest of thought and care,” she stood firm on her belief that they were necessary.

    “I applaud and appreciate everything that every one of you in this room is doing and has done over the years,” she said. “I’m not saying to any one of you that your efforts aren’t good enough—what I’m saying is the policies behind those efforts have not been good enough.”

    McMahon then argued that the first agreement reached earlier this year with Labor has paid off.

    By co-managing, “we can be more efficient and economical,” she said. “For instance, we’ve utilized Labor’s system now on grant drawdowns, and we’ve drawn down over 500 already, and they work very proficiently. It’s a better system than we had here.”

    Although some conservatives praised the administration’s actions, others cast doubt on their magnitude or argued they were distracting attention from what really matters. For Margaret Spellings, former education secretary under President George W. Bush, that’s the “economic emergency” of improving student outcomes.

    “Moving programs from one department to another does not actually eliminate the federal bureaucracy, and it may make the system harder for students, teachers and families to navigate and get the support they need,” she said. “We need to keep the main thing the main thing, and that is how to improve education and outcomes for all students.”

    McMahon, on the other hand, told employees that this move is key to doing just that.

    “We want to make sure that [students] understand there are many opportunities for them … that there are programs that will give them a great livelihood, whether they want to be electricians or doctors or Indian chiefs,” she said. “We are not closing education; we are lifting education up.”

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  • NIH cuts remain on hold as judge extends temporary pause

    NIH cuts remain on hold as judge extends temporary pause

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    A federal judge extended an emergency restraining order Friday against the National Institutes of Health, temporarily preventing the agency from making massive cuts to indirect research funding. 

    The restraining order bars NIH from implementing a 15% cap on indirect cost reimbursement and requires the agency to file regular status reports confirming disbursement of funds. U.S. District Judge Angel Kelley, a Biden appointee, is considering a more permanent injunction against NIH’s plan after nearly two hours of oral arguments Friday. 

    NIH unveiled the new policy earlier in February. Historically, institutions negotiate their own indirect cost reimbursement rates with the agency, with an average of 27% to 28%. The change was met swiftly with multiple lawsuits, including by higher education groups and 22 state attorneys general. The cases were considered together at the hearing Friday.

    Several universities have already frozen hiring and taken other budgetary measures amid the NIH funding uncertainty, despite Kelley’s initial pause on the funding cap. 

    The funding for indirect costs — also known as facilities and administrative, or F&A, costs — covers a wide array of staffing and infrastructure for research activity.

    “Indirect costs are the backbone of IHEs [institutions of higher education] research programs and cover everything from utilities to facilities and equipment maintenance to payroll for faculty and staff to compliance programs, hazardous waste disposal, and more,” 22 state attorneys general said in their original request for a temporary restraining order on NIH. “They quite literally keep the lights on.”

    Brian Lea, an attorney for NIH, said at Friday’s hearing that money saved by cutting and capping F&A funding would be “ploughed into” funding for research costs. However, in a Feb. 7 post from the agency on the social media site X, NIH said the funding cap “will save more than $4B a year effective immediately.” 

    Asked by Kelley about the post, Lea said that it was “at best a misunderstanding” of NIH’s guidance.

    Plaintiffs attorneys argued that the F&A cap violates federal laws and regulations, pointing out that Congress passed an appropriations bill during President Donald Trump’s first term that prohibits modifications to NIH’s indirect cost funding. 

    Lea maintained that NIH’s guidance was compliant with regulations and statutes and within the “broad discretionary power of the executive branch” to allocate funding. 

    Attorneys for the plaintiffs further argued that an injunction was necessary to prevent “immediate and irreparable” harm, pointing to numerous universities that have detailed how their research, budgets and infrastructure would suffer from the cap. An official at Yale University, for example, said in court papers that the NIH rate cap could threaten the viability of many of its ongoing clinical trials for medical research.

    “It is not hyperbole to say that, absent immediate injunctive relief, Plaintiff States’ IHEs will face catastrophic financial consequences, which could result in layoffs and furloughs, research program closures, financial defaults, and disruptions to clinical trials, potentially jeopardizing people’s lives and health,” the attorneys general said in their motion, filed earlier in February. 

    Lea questioned whether harms such as funding losses were irreparable, suggesting that they could be undone later through private funding or operational adjustments.

    As the case winds on, NIH has laid off more than 1,000 employees, according to press reports.

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  • OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released – CUPA-HR

    OSHA Emergency Temporary Standard and CMS Interim Final Rule on Vaccination Requirements Released – CUPA-HR

    by CUPA-HR | November 4, 2021

    On November 4, the Department of Labor’s Occupational Safety and Health Administration (OSHA) and the Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) issued their highly anticipated Emergency Temporary Standard (ETS) and interim final rule (IFR) setting vaccination requirements for employers with 100 or more employees and healthcare workers, respectively. Under the new policies, covered employers with 100 or more employees, healthcare workers at facilities participating in Medicare or Medicaid, AND federal contractors requiring vaccinations under Executive Order 14042 (EO) will be required to be fully vaccinated — either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson — by January 4, 2022.

    A Fact Sheet announcing the new vaccinations rules provides the following information on the OSHA ETS, CMS IFR and federal contractor vaccination requirements:

    OSHA Emergency Temporary Standard

    In lieu of full vaccination, the OSHA ETS for employers with 100 or more employees (covered employers) also offers the option for unvaccinated employees to produce a verified negative COVID-19 test to employers on at least a weekly basis. OSHA does clarify, however, that the ETS does NOT require employers to provide or pay for tests, but notes that employers may be required to pay for testing due to other laws or collective bargaining agreements.

    The ETS also establishes policies that require covered employers to provide paid time off (PTO) for their employees to get vaccinated and, if needed, sick leave to recover from side effects that keep them from working. Additionally, all covered employers will be required to ensure that unvaccinated employees wear a face mask in the workplace. While the testing and vaccination requirements will begin after January 4, the ETS states that covered employers must be in compliance with the PTO for vaccination and masking for unvaccinated workers requirements by December 5, 2021.

    Importantly, OSHA clarifies in the ETS that the rule will not apply to workplaces already covered by the CMS IFR, as well as the federal contractor vaccination requirement set forth by President Biden’s EO and the Safer Federal Workforce Task Force’s vaccination guidance.

    Healthcare Interim Final Rule

    According to CMS, the IFR requiring full vaccination of healthcare employees applies to employees regardless of whether their positions are clinical or non-clinical and includes employees, students, trainees and volunteers who work at a covered facility that receives federal funding from Medicare or Medicaid. It also includes individuals who provide treatment or other services for the facility under contract or other arrangements. Among the facility types covered by the IFR are hospitals, ambulatory surgery centers, dialysis facilities, home health agencies and long-term care facilities.

    Federal Contractor Vaccination Executive Order

    In an effort to streamline implementation of the vaccination requirements, the Biden administration is also announcing that the deadline for previously issued federal contractor vaccination requirements will be extended to January 4, 2022, setting one deadline across the three different vaccination policies. The vaccine requirement for federal contractor compliance was previously set for December 8, 2021.

    Additionally, as mentioned above, federal contractor employers who may otherwise fall under the OSHA ETS covered employer definition will not be required to follow the rules established under the ETS and must continue compliance with the vaccination guidance and requirements set forth by the EO and Safer Federal Workforce Task Force for federal contractors.

    State and Local Preemption

    Early reports of the rules also state that both the OSHA ETS and CMS IFR make it clear that their requirements “preempt any inconsistent state or local laws, including laws that ban or limit an employer’s authority to require vaccination, masks or testing.” More information is likely to follow.

    Additional information is likely to arise as we learn more from the actual text of the ETS and IFR. CUPA-HR will keep members apprised of all new information.



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  • White House Reviews OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard – CUPA-HR

    White House Reviews OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard – CUPA-HR

    by CUPA-HR | October 25, 2021

    On October 12, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) sent their COVID-19 Vaccination and Testing Emergency Temporary Standard Rulemaking (ETS) to the Office of Information and Regulatory Affairs (OIRA). OIRA is the White House office responsible for reviewing regulations and proposed regulations before they are publicly released.

    The ETS — which has not yet been made public — is expected to require private employers with 100 or more employees to “ensure their workforces are fully vaccinated or show a negative COVID-19 test twice a week” and provide paid time off for obtaining or recovering from the vaccination (additional details regarding what is known about the ETS can be found in this CUPA-HR blog).

    What is an ​Emergency Temporary Standard?

    While most federal agencies are required to provide public notice and seek comment prior to enacting new regulations, OSHA may bypass normal rulemaking and issue an ETS if doing so is necessary to protect workers from a “grave danger.” This allows OSHA to issue the ETS without any feedback from impacted stakeholders and require employers to immediately comply with the ETS upon its publication in the Federal Register.

    ​Office of Information and Regulatory Affairs Review

    OIRA is part of the executive office of the president and is required to review significant regulatory actions — those likely to have an annual effect on the economy of $100 million or more — before they are published in the Federal Register or otherwise issued to the public. As the ETS is determined to be “Economically Significant,” an OIRA review is triggered to ensure that it reflects the goals set forth in President Biden’s COVID-19 Plan and to ensure OSHA has carefully considered the benefits and costs of the ETS before it is issued.

    While draft documents under review are not available for public release, it is OIRA’s policy to meet with interested stakeholders to discuss issues on a rule under review. As of October 22, OIRA has convened 68 meetings with outside stakeholders on the ETS and has scheduled meetings through October 25. While CUPA-HR is aware many more additional pending meeting requests (including our own), OIRA has yet to schedule these, and may not. While OIRA review is limited to 90 days, there is no minimum period of review, and given the urgency associated with the ETS it could be issued as soon as this week.

    CUPA-HR will continue to monitor OIRA’s review process and be sure to inform our membership as soon as OIRA review concludes and OSHA issues the ETS.



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  • OSHA Provides Details on Upcoming COVID-19 Emergency Temporary Standard – CUPA-HR

    OSHA Provides Details on Upcoming COVID-19 Emergency Temporary Standard – CUPA-HR

    by CUPA-HR | September 14, 2021

    On September 9, President Biden released his COVID-19 Action Plan, which includes a six-pronged plan to combat COVID-19 through increased vaccinations, testing and other strategies. The plan will require employers with 100 or more employees to test nonvaccinated employees on a weekly basis. The White House also announced it will require vaccinations for those working for the federal government, federal contractors and establishments providing healthcare services that accept Medicare and Medicaid.

    The Biden administration is using different agencies to implement and enforce the different requirements. The Occupational Safety and Health Administration (OSHA) will require employers with 100 or more employees to test nonvaccinated employees on a weekly basis through an Emergency Temporary Standard (ETS). While OSHA has yet to release many specifics about the timing and the content of the ETS, the agency did release some information late last week.

    General Timeline of the ETS

    In a call last week with stakeholders, OSHA said it plans to publish the ETS in the Federal Register in the next few weeks, at which time the ETS will become effective immediately in states where OSHA has direct jurisdiction. The 22 states with OSHA-approved State Occupational Safety and Health Plans must adopt the ETS or a standard at least as protective within 30 days of OSHA publishing the ETS in the Federal Register.

    Because the ETS will be effective immediately once published in the Federal Register, stakeholders will not have the opportunity to provide input on the standard prior to its implementation. Instead, stakeholders may comment on the ETS after it is published in the Federal Register. OSHA will use those comments to shape the subsequent final rule that will replace the ETS, which OSHA plans to issue six months after the initial release of the ETS.

    Content and Policies of the ETS

    OSHA also said on the call that it will be working with other federal agencies to ensure the language included in the ETS is consistent with the vaccination mandates imposed on federal contractors through President Biden’s Executive Order. Additionally, OSHA clarified that it will consider the employers’ workforce and not just a single worksite in evaluating employers that meet the 100-employee threshold for coverage. The ETS testing and vaccination requirements are also not likely to extend to remote employees who are physically isolated from coworkers or customers.

    Consistent with the COVID-19 Action Plan, the ETS will also require employers to provide employees with paid time off (PTO) or allow employees to use existing PTO to obtain vaccinations and recover from post-vaccination side effects.

    Finally, OSHA reviewed several issues where it does not currently have an answer, but it intends to address in the ETS. These questions include who pays for the required employee testing and what level of vaccination is required under the ETS (i.e. one shot, two shots or even a booster shot). In addition to these questions, information on the procedures of how employers will verify vaccinations, tests and procedures for handling employees who refuse to get vaccinated or undergo routine testing will likely be addressed in the ETS.

    CUPA-HR will continue to monitor for any information on the upcoming ETS and keep members apprised of any additional policies or requirements likely to be included as OSHA continues to work towards implementation.



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