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As things move quickly in Washington, DC, NACUBO is your constant advocate in action. NACUBO On Your Side covers important legislative and agency activity NACUBO staff are tracking, what we’re currently advocating for, and how you can take action with us.

Here are the issues we are tracking and advocating for this week.

Agency Action

IRS Shares ERTC Termination Guidance
Due to a provision in the recently passed Infrastructure Investment and Jobs Act, limiting the Employee Retention Tax Credit (ERTC) to wages only through October 1 of 2021, the IRS has shared new guidance to help steer employers through the retroactive early termination of the credit. The guidance includes direction for employers that had already received advance payments, or who had preemptively reduced their employment tax deposits for wages that are no longer eligible for the credit.

ED Negotiated Rulemaking Set to Address Financial Responsibility
The Department of Education has announced in the Federal Register that it will establish a negotiated rulemaking committee to prepare proposed regulations that will focus on borrower defense to repayment, gainful employment regulations, and proposed changes to the 90/10 rule for proprietary institutions, among other topics. Notably, the rulemaking will also examine federal financial responsibility rules that indicate heightened financial risk. NACUBO will be nominating negotiators for the three sessions, all of which will take place virtually between January–March 2022.

Judicial Action

Federal Contractor Vaccine Mandate Blocked
In keeping with other litigation temporarily delaying implementation of various federal government COVID-19 vaccine mandates, a federal district court in Georgia has issued a preliminary injunction against the vaccination requirement for federal contractors. The mandate, scheduled to take effect on January 4, 2022, is now paused as the court examines the legality of the requirement.


NACUBO Asks for Focus on Universal Charitable Deduction
NACUBO, along with members of the charitable giving community, wrote to Congress to request that legislators focus efforts on extending and expanding the universal charitable deduction, which is set to expire at the end of the year. The Universal Giving Pandemic Response and Recovery Act, which NACUBO supports, would significantly raise the cap on charitable deductions for non-itemizers, and extend their availability through the 2022 tax year. The letter asks lawmakers to prioritize this legislation over the Accelerating Charitable Efforts Act, a bill that could have far-reaching and unknown effects on the charitable sector.

NACUBO Endorses Student Veteran Support Bill
NACUBO has endorsed legislation designed to support student veterans by extending certain pandemic-related flexibilities, including those ensuring they receive their full housing benefits despite temporary transitions to remote classwork. The bill also makes necessary technical corrections to the Isakson-Roe Act passed in late 2020. The legislation, introduced by Veterans’ Affairs Committee Chairman Rep. Mark Takano and Reps. Mike Levin and David Trone, has recently passed in the House of Representatives, and is expected to pass shortly in the Senate.

NACUBO Again Calls for I-9 Flexibility
NACUBO has again joined other higher education associations in requesting continued flexibility from the Department of Homeland Security on Form I-9 compliance requirements. The flexibilities, first put in place as a COVID-19 precaution, allow for the remote inspection of employee identity and employment authorization documents. NACUBO has called for these flexibilities throughout the pandemic, most recently in August of this year.

Take Action

December Legislative Lunchcast
NACUBO's next legislative lunchcast—a quarterly update from NACUBO’s policy team on the latest news from Washington, DC—is approaching. Registration is free for NACUBO members, who can submit questions in advance by emailing An audio recording of the session will also be made available as NACUBO In Brief podcast.

Previous Edition

NACUBO On Your Side, November 23–December 6, 2021


Liz Clark

Vice President, Policy and Research


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