With two hearings, Congress takes first steps toward rewriting Higher Education Act

From Inside Higher Ed, By Libby A. Nelson

WASHINGTON — There was no opening bell or official declaration to mark the occasion, but on Tuesday, Congress nevertheless began to take its first steps toward the next renewal of the massive law governing federal financial aid programs.

The Higher Education Act, last rewritten in 2008, expires at the end of this calendar year. No one knows when Congress will actually finish renewing it or how the deep partisan divide that pervades Capitol Hill will complicate what is already a lengthy process. Last time around, it took five years to renew the act after it expired. When the Education Department announced plans for a sweeping regulatory agenda on Monday, some saw it as a signal that its officials didn’t expect Congress to finish its work anytime soon.

But a Senate committee and House of Representatives subcommittee kicked off the process regardless, holding the first broad hearings on higher education since the new Congress took office in January. Despite the scope of the hearings, and the divisions between the two parties that control each house of Congress, both ended up discussing how to simplify the complex federal financial aid system. And the most urgent item on Congress’s higher education — dealing with the interest rate on federally subsidized student loans, which is scheduled to double in July — made only a brief cameo at both hearings as panelists and lawmakers focused on broader issues.

The House hearing was billed in part as a chance for members to get up to speed on higher education issues as they prepare to rewrite the Higher Education Act, with written testimony that included an overview of the 40-year history of federal financial aid. The Senate hearing was narrower, focusing on students’ views of the financial aid system. Both quickly made their way to calls to make the financial aid application process easier to understand.

At the House hearing, Rep. John Kline, the Minnesota Republican and chairman of his chamber’s Committee on Education and the Workforce, asked for specific suggestions on how to simplify the federal financial aid system, saying simplification had long been a “major goal” of his.

The suggestions, from Patricia McGuire, president of Trinity Washington University, and Dan Madzelan, a longtime senior Education Department official who retired at the end of 2011: start with the application process, the Free Application for Federal Student Aid, long criticized for its complexity and impenetrability.

At the Senate hearing, the need for standardization and simplification was also a major theme. Ranking member Sen. Lamar Alexander, a Tennessee Republican, suggested that the costs of complying with federal regulation, as well as states shifting money from higher education to pay for rising Medicaid costs, were the reason for the tuition burden on students.

“We have so many regulations precisely because we have created such a complicated system,” said Sara Goldrick-Rab, an associate professor of education policy at the University of Wisconsin at Madison, who testified at the Senate hearing. “There’s an incredible need to simplify this … and to simplify this means to go back, to revisit where we were when these programs started out.”

Simplification is a “terrific goal,” said Terry Hartle, senior vice president for government and public affairs at the American Council on Education, as he began his testimony at the House panel — in fact, he said, simplification has been the “holy grail of each reauthorization for the past 25 years.” Still, each reauthorization has arguably made the financial aid system more complicated, not less. There are now seven options for repaying federal student loans, for example.

Maintenance of Effort?

Tuition prices, college costs and whether students get good value for their money have been a focus for the Obama administration for more than a year. Questions from members of Congress from both parties suggested that those questions will preoccupy lawmakers as well as they prepare to rewrite the Higher Education Act.

Panelists at the House hearing repeatedly pointed to state disinvestment in higher education as a major driver of college costs, an argument made early in the day in the Senate. Those offering testimony called on Congress to hold states accountable for maintaining or increasing their spending on public higher education.

“Public higher education, which educates 70 percent of students in the United States, is about to cross a historic threshold,” said Sen. Tom Harkin, an Iowa Democrat and chairman of the Committee on Health, Education, Labor and Pensions. “For the first time ever, students will pay a higher percentage of the operating costs… than state governments.”

But the system of federal financial aid is constructed in such a way that putting together strict “maintenance of effort” requirements — requiring states to keep funding public higher education in order to receive federal dollars — is difficult because states receive relatively little money for higher education from the federal government. As a result, previous maintenance of effort requirements have been “nibbling at the edges,” Madzelan said.

Rep. John Tierney, a Massachusetts Democrat, asked if there were any proposals for maintenance of effort “with teeth.” As part of the Gates Foundation’s Reimagining Aid Design and Delivery project, some outside groups recently called for turning some federal higher education programs into block grants to give the federal government more leverage over the states. But those suggestions — which if enacted would be a significant change to federal policy, particularly if Pell Grant funding was involved — didn’t come up at Tuesday’s hearing.

Income-Based Repayment

Another idea discussed at both hearings: improving the system by which students repay loans based on their income. At the Senate hearing, Ethan Senack, federal higher education associate at the U.S. Public Interest Research Group, called for making sure more information is available to students and “streamlining” income-based repayment.

The House hearing went further, discussing enrolling all borrowers automatically in income-based repayment. Rep. Tom Petri, a Wisconsin Republican and longtime advocate of such a system, recently introduced a bill to enroll all borrowers in the income-based program and collect loan payments through paycheck withholding — the same system used for paying income taxes.

Petri’s proposal is the “most complete and thorough proposal we will ever have,” Hartle said, and he argued that a system of automatic income-based repayment would deal with two of the three challenges facing student loan borrowers. It would eliminate, or at least alleviate, the burden that high loan payments can put on a graduate’s earnings. And it would do away with defaults in the federal student loan system.

But automatic income-based repayment could also worsen the other problem confronting student loans: students might borrow more than they should, Hartle said.

Little on Interest Rates

While the Higher Education Act expires at the end of 2013, that date isn’t a hard deadline — the law will remain in effect, and no one would be surprised by a delayed reauthorization. But July 1, when the interest rate on subsidized federal student loans (loans that don’t accrue interest while students are enrolled in college) will double to 6.8 percent without Congressional action, is a much more immediate issue.

In his budget request for the 2014 fiscal year, put forward last week, President Obama proposed a change to interest rates for all loans that would allow them to rise and fall along with interest rates in the overall economy. The proposal drew mixed reviews: Congressional Republicans praised it Tuesday, but student advocates — and some of their allies among Democrats — said the lack of a cap on the market-based interest rate could endanger students if interest rates spike.

At the Senate hearing, Harkin indicated that he wasn’t pleased with the lack of an interest rate cap in Obama’s plan. And Senator Al Franken, a Minnesota Democrat, joined with Senack of U.S. PIRG in asking Congress to act before interest rates double in July.

“The reality is that most students graduating from college these days, they’re not making enough money to pay the bills, let alone pay back these loans,” Franken said.

Philosophical Questions

For the most part, the House hearing focused on the technical side of broader questions — how to simplify the financial aid system to ensure access, helping students succeed while holding down costs (using strategies both large and small — McGuire, the Trinity president, told lawmakers that she does not serve cookies at faculty meetings because “our students go into debt to pay for college; we cannot be eating their tuition”), and collecting student data that accurately measures college completion rates.

But there were a couple of detours into the larger philosophical questions that underlie the federal government’s involvement in higher education. When his turn to question witnesses arrived at the House hearing, Rep. Tim Walberg, a Michigan Republican, opened by asking if too many students are going to college. Walberg said he was concerned about the growing number of students who need remedial classes. “Let’s make sure students are pushed, but it takes academic qualifications, and it takes excellence,” Walberg said. “Let’s not manufacture students.”

And near the end of the hearing, Rep. Luke Messer, an Indiana Republican, asked witnesses about the role of federal financial aid in driving up college costs. “Does federal student aid influence tuition? No,” Hartle said.

“You really believe that?” Messer said in response.

By the end of the hearing, the shape of any future Higher Education Act proposals — or even what members of Congress would like to see included in the legislation — remained unclear, as it probably will be for some time. The witnesses, though, set forward a few guidelines, emphasizing simplification and urging Congress not to regulate colleges too much.

“First,” said McGuire, as she began to lay out the principles she’d like to see underlying the next iteration of the Higher Education Act, “do no harm.”

Zack Budryk contributed to this article.

President Obama Releases FY2014 Budget Proposal

President Obama released his proposed Fiscal Year 2014 budget Wednesday morning.  The budget proposal includes new investments in education, infrastructure, and research, along with the President’s proposals to alter Social Security, Medicare, and tax policy.  This budget proposal comes two months later than usual, largely a result of sequestration and an incomplete fiscal year 2013 budget.

The United States House and Senate have already passed their respective FY2014 budgets, although they contain significant differences.  The President’s budget will inform and spark debate on a number of included proposals, many of which will be debated long beyond the appropriations process.

The following items in the President’s budget proposal relate to higher education.  Several of these items may be unique opportunities for the University of Tennessee if enacted.

  • A 9% increase from 2012 levels for non-defense research and development (R&D)
  • Investments in clean energy R&D, promoting the safe production of natural gas, and creating an Energy Security Trust to fund research efforts that would help shift cars and trucks off oil  (a $2 billion investment over three years)
  • Investments in infrastructure development (including power grids that are resilient to  extreme conditions)
  • Funding increases for the Department of Agriculture competitive peer-reviewed  research grants to support research in human nutrition and obesity reduction, food safety, bioenergy, and climate change
  • A $1 billion Race to the Top fund to support competitive grants to states that commit to driving reform in their higher education policies and practices, while doing more to contain tuition.  This funding would support up to ten states who commit to sustain fiscal support for higher education while modernizing policies to constrain costs and improve outcomes, remove barriers preventing the creation of innovative student learning methods and new degree pathways, empower consumer choice through increased transparency, and smooth transitions into college and between institutions of higher education
  • $260 million for a First in the World fund. Up to $175 million of the proposed fund would support an evidence-based grant competition encouraging innovative approaches to college completion, supporting research to build evidence for successful strategies, and disseminating proven strategies. A priority would be included for projects designed to improve access and success of high-need secondary students
  • Investment in the recruiting and preparation of 100,000 STEM teachers and the creation of a new STEM Master Teachers Corps
  • Reforms to campus-based aid programs (such as Supplemental Educational Opportunity Grants, Federal Work-Study, and Perkins Loan programs) to reward colleges that set responsible tuition policy, deliver good value and quality to students, and serve low-income and Pell eligible students well. These criteria are not defined further in the proposal with the exception of the Federal Work Study program.  Relative to this program, “quality” would be evaluated in part by providing “meaningful work to students.” The proposal also calls for an additional $150 million for the Federal Work Study program with the intent to double recipients in a five year time frame
  • Sufficient funding to support the Pell Grant Program without any eligibility changes. The funding request for FY14 would increase the maximum Pell award to $5,785 in academic year 2014-2015.  This is an increase from the current academic year award of $5,550, as well as the 2013-2014 academic year award of $5,645
  • Cost-neutral student loan reform that prevents interest rates on federal student loans from doubling on July 1 of this year, as scheduled. Future rates on new loans would be set each year based on a market interest rate, which would remain fixed for the life of the loan so that student borrowers would have certainty about the rates they would pay

For more information, please see the overview document below from the Office of Management and Budget. 

The President’s budget proposal can be accessed by clicking here.

Congressman Fleischmann Appointed to Critical Subcommittees for UT, TN

fleischmanncCongressman and UT Alumnus Chuck Fleischmann (R-TN 3rd District) was appointed yesterday to several critical House Appropriations subcommittees for the 113th Congress.  His appointments, made by Committee Chairman Hal Rogers (R-KY), include positions on the Energy and Water Development Subcommittee, Labor, Health and Human Services, Education and Related Agencies Subcommittee, and the Homeland Security Subcommittee.

Rep. Fleischmann’s district includes a key UT interest, Oak Ridge National Laboratory (ORNL).  The University of Tennessee manages and operates ORNL through UT-Battelle with enthusiastic and substantial support from the State of Tennessee.  The contract to manage the National Laboratory is granted by the U.S. Department of Energy, whose funding is overseen by the Energy and Water Development Subcommittee to which Rep. Fleischmann has just been appointed.  The University’s venture with ORNL produces world-leading expertise in the areas of high-performance computing, materials research, and nanotechnology, and pays enormous economic dividends to the region.

Similarly important to the University is Rep. Fleischmann’s appointment to the Labor, Health and Human Services, Education and Related Agencies Appropriations Subcommittee.  This subcommittee oversees funding for the U.S. Department of Education, the U.S. Department of Health and Human Services, and the U.S. Department of Labor.  These Departments administer programs critical to higher education, such as federal financial aid and direct student loans, and numerous research grants.  Fleischmann’s appointment to the Appropriations Committee occurred in November.  For more information on this important appointment, click here.

Blackburn, Fleischmann Land Important Positions on U.S. House Committees

Representative Blackburn PhotoRepresentative Fleischmann Photo

This week, two members of the Tennessee Congressional Delegation were appointed to positions on key committees of interest to the University of Tennessee and the State of Tennessee.

Representative Marsha Blackburn (R-Brentwood) was appointed to serve as Vice Chair of the powerful House Energy and Commerce Committee.  This committee is especially important to the University and the state given its authority and oversight of key energy programs, such as the Tennessee Valley Authority, Oak Ridge National Laboratory, and overall U.S. Energy policy.  Blackburn has served on this committee and some of its critical subcommittees for several years.  She is currently the Vice Chair of the Subcommittee on Commerce, Manufacturing, and Trade, and serves on the Subcommittee on Oversight, Subcommittee on Health and Subcommittee on Communications and Technology.

Appointed to the House Appropriations Committee was Representative Chuck Fleischmann (R-Chattanooga).  Fleischmann’s appointment to this committee will well position Tennessee’s interests before national policymakers.  The committee is widely known as one of the House’s most powerful.  Fleischmann is an alumnus of the UT College of Law.

“The appointment of Blackburn and Fleischmann to these committees will reap great benefits for the people of Tennessee.  The importance of these two committees to the areas of research, economic development, and quality of life issues cannot be overstated.  We are very happy with the appointments of both members and look forward to working with them in their new capacity in the next legislative session,” said Anthony Haynes, UT Vice President of Government Relations and Advocacy.

The 113th Congress convenes in January, where Blackburn and Fleischmann will assume these new leadership positions.

2012 General Election Wrap Up

The 2012 General Election was historic on a number of levels, the most notable being that the nation’s first African-American President was re-elected. Tennessee moved opposite of the nation’s popular vote and elected a super majority to both the state house and senate. Tennesseans did mirror the national trend of rural areas and counties supporting the Republican nominee for President, and urban areas supporting the Democratic nominee.

In Tennessee, the outcome of Republican-led redistricting combined with the low popularity of President Obama enabled Republicans to increase their numbers in the state house from 65 to 70 (of 99) and in the state senate from 20 to 26 (of 32). This super majority will render Democrats powerless in procedurally stopping or advancing any measures against the will of the Republicans.

Tennessee’s Congressional delegation remained unchanged. Senator Bob Corker (R) easily won re-election as did Representatives Roe, Duncan, Fleischmann, Cooper, Black, Blackburn, Fincher and Cohen. Representative DesJarlais won a challenge from State Senator Eric Stewart after a hard fought and often negative campaign.

There are several expectations regarding how the election’s outcome may affect various University interests and activities. Our federal research priorities and focus areas of interest should remain largely unchanged. What will likely change is the funding levels for any number of these areas. As budget discussions move forward during both the Lame Duck Session and into the new Congress next year, various program funding levels are expected to decline as a result of budget negotiations. The Obama Administration will likely continue to advance a national energy policy and agenda with major emphasis on research and production of various forms of alternative energy. This focus should help minimize adverse impacts to UT’s ongoing research interest in these areas, but funding reductions should be expected. Other areas such as agricultural and forestry research, weather services and modeling, and health and medical research are but a few programs that may be targeted for reductions.

At the state level, there will be 22 first-time House members and 6 first-time Senators. This presents both a challenge and opportunity to the higher education community. It will be critical to educate these new members on a host of issues and funding matters facing the University. Active advocacy by alumni, students, faculty, and staff will become increasingly important. In the Senate, Committees will likely reduce the representation of Democrats from 3 to 2 members. In the House, Speaker Harwell will be considering a new Chair and Vice Chair for the House Education Committee given the primary defeat of Richard Montgomery and election of Joey Hensley to the Senate.

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