As uncertainty continues around the emerging federal landscape, Universities of Wisconsin employees should be mindful of political activity and public advocacy guidelines.

Activities such as sharing a petition or contacting a legislator for political purposes using your university email address or state resources to engage in political campaign activities at any time or engaging in political activities during work time are prohibited.

In your capacity as private citizens, on non-work time, and without use of university resources (including the use of university email addresses) employees may circulate or sign a petition or letter of support advocating for public policy or a political candidate. However, if using your name and official title, it should be made clear that an individual’s endorsement indicates neither support nor endorsement by the university of a particular policy position or candidate, and that you are acting solely in your role as a private citizen.

For more information, you can read the Guidance on Political Activities Frequently Asked Questions document. Importantly, these FAQs should be treated as general guidelines and not legal advice.

Please direct specific questions regarding political campaign issues to the Office of General Counsel or your university’s Office of Legal Affairs.

UW Communication

Recent Federal Actions

House and Senate Budget and Appropriations Updates

On February 25, the House of Representatives adopted H.Con.Res. 14, establishing the congressional budget for the United States Government for fiscal year 2025 and setting forth the appropriate budgetary levels for fiscal years 2026 through 2034, via a vote of 217-215.

Earlier this month, the Senate agreed to their chamber’s FY25 Budget Resolution via a vote of 52-48. You can read more on the Senate Budget Blueprint.

Given the differences between these budget resolutions, the House and Senate will need to adopt identical budget resolutions before moving forward with budget reconciliation efforts.

Finally, in the background of this action, the House and Senate continue to work to advance legislation to fund the government beyond the expiration of the current Continuing Resolution on March 14, 2025.

Recent Federal Actions

Department of Education Dear Colleague Letter

On February 14, 2025, the Department of Education released a Dear Colleague Letter that looks to “clarify and reaffirm the nondiscrimination obligations of schools and other entities that receive federal financial assistance from the United States Department of Education.” If interested, you can read more via the Department’s press release, which provides additional information on the letter. The Universities of Wisconsin continue to review the guidance.

Senate Health, Education, Labor, and Pensions (HELP)  Committee Update

 On February 20, 2025, the Senate HELP Committee voted via a vote of 12-11 to favorably report Linda McMahon’s nomination to serve as the Secretary of Education. Her nomination now moves to the full Senate for consideration.

If interested, you can watch Ms. McMahon’s confirmation hearing, which occurred on February 13, 20205 and is archived on the Senate HELP Committee website.

Political Activity Guidance

As uncertainty continues around the emerging federal landscape and another election season nears, employees should be mindful of political activity and public advocacy guidelines.

For more information, you can read the Guidance on Political Activities Frequently Asked Questions document. Importantly, these FAQs should be treated as general guidelines and not legal advice.

Please direct specific questions regarding political campaign issues to your university’s Office of Legal Affairs or the Universities of Wisconsin Office of General Counsel.

EMAIL THE WORKING GROUP

Recent Federal Actions 

NIH Supplemental Guidance Release and Update

On February 7, 2025, the National Institutes of Health (NIH) released Supplemental Guidance to the 2024 NIH Grants Policy Statement: Indirect Cost Rates. This guidance says, in part, “Pursuant to this Supplemental Guidance, there will be a standard indirect rate of 15% across all NIH grants for indirect costs in lieu of a separately negotiated rate for indirect costs in every grant.” Following a multiparty lawsuit, of which Wisconsin is a party, a District Judge issued a Temporary Restraining Order on February 10, 2025, which effectively pauses this policy until a hearing on February 21, 2025.

Political Activity Guidance

As uncertainty continues around the emerging federal landscape and another election season nears, employees should be mindful of political activity and public advocacy guidelines.

For more information, you can read the Guidance on Political Activities Frequently Asked Questions document. Importantly, these FAQs should be treated as general guidelines and not legal advice.

Please direct specific questions regarding political campaign issues to your university’s Office of Legal Affairs or the Universities of Wisconsin Office of General Counsel.

FROM: Chris Patton, Interim Vice President for University Relations, Universities of Wisconsin
DATE: Feb. 9, 2025

Late Friday, the National Institutes of Health notified the Universities of Wisconsin and other higher education institutions across the country that “there will be a standard indirect rate of 15% across all NIH grants for indirect costs in lieu of a separately negotiated rate for indirect costs in every grant.” This
policy change is effective Monday, February 10, and will be applied to (1) the go-forward expenses for all current grants and (2) all new grants issued on or after February 10.

For comparison, UW-Madison’s current negotiated indirect rate with NIH is 55% and other UWs range between 31% to 57%, depending on the type of grant activity and size of the university. The funding loss of this change would be significant – and compounded if similar directives are issued by other federal grant funding agencies.

We are in contact with the Governor’s office, the Wisconsin Department of Justice and the multi-state litigation group to identify potential next steps regarding litigation options, and we are working with our colleagues nationally. Additionally, over the weekend we have been communicating with members of Wisconsin’s Congressional delegation and will continue to advocate in the days ahead. We will keep you apprised of any new developments.

Federal Updates Web Page Launched

The working group launched a Federal Updates web page for the public to learn about the Universities of Wisconsin response to the federal issues. This page will contain communications shared with the universities. Visitors can also access this page from the Government Relations home page.

Recent Federal Actions 

Senate Committee Hearing on Education Dept. Secretary Nominee

The Senate Health, Education, Labor and Pensions Committee has scheduled the confirmation hearing for Linda McMahon, nominee for the Department of Education for Thursday, February 13, at 9:00 a.m. You can watch the nomination hearing.

Earlier today, the Trump administration rescinded its OMB directive implementing a sweeping freeze on
federal grants and loans.

The decision came after U.S. District Court Judge Loren L. AliKhan temporarily blocked the Trump
administration from implementing the order in response to a legal challenge from a network of nonprofit
organizations. This order, which only applies to existing funds that were already slated to be dispersed, is
set to expire on February 3 at 5 p.m. AliKhan is expected to render a more lasting decision during a hearing
scheduled for February 3. A separate lawsuit has been filed by a group of 22 states, including Wisconsin, and
the District of Columbia also seeking to block the freeze. At this moment, it’s unclear how far the lawsuits
will proceed.

In the meantime, the administration says it will continue its review of federal spending.
In addition, we agree with the following recommendation from NASH (the National Association of Higher
Education Systems:

“Given uncertainty about next steps, NASH recommends that federal grantees make every effort to stay up
to date on drawing down federal funds in accordance with applicable laws, regulations, and grant terms. In
addition, recipients and subrecipients should consider looking closely at the terms and conditions of their
award agreements, agency-specific implementations of the Uniform Guidance (including appeal procedures
for grant disputes, to the extent the agency has them), and the authorizing statute and any implementing
regulations for the programs they are working on to evaluate their options if the government suspends or
terminates their awards in the future.