Dear Colleagues,

I hope you had an enjoyable Thanksgiving holiday. Like you, Congress is back from its Thanksgiving break and has a lot to do before its next scheduled time for district work on December 15. Among the hot topics are the annual National Defense Authorization Act (NDAA), the possibility of supplemental appropriations for Ukraine, Israel, Taiwan and border security, and the ongoing behind-the-scenes negotiations on how to resolve FY 2024 funding before the two-step continuing resolution expires in February. 

With the NDAA on deck for consideration next week, and the heightened bipartisan concern about foreign influence in American society, it is possible that the DETERRENT Act, which greatly expands foreign gift and contract reporting under Section 117 of the Higher Education Act, could be added as an amendment. This bill would lower the threshold amount to $0 for reportable gifts to institutions of higher education from China, Russia, Iran, and North Korea, and $50,000 for all other countries. This change would result in more colleges having to report these foreign gifts and contracts. If you have concerns about this issue, now is the time to contact your elected officials. Contact our government relations staff for more assistance by emailing governmentrelations@naicu.edu.

In the meantime, the Department of Education continues to promise that the new FAFSA form will be ready by the end of this month but acknowledged that processing delays could run through January for completed forms. Shortly before the Thanksgiving break, NAICU joined the higher education community in asking the Department to set up more regular conversations so we could better keep colleges apprised of the situation. As a result of the request, we are now in regular communication with the Department and will keep you apprised through Washington Update of any new information we learn. 

This week’s Washington Update reports on a hearing examining the potential impact of the Department of Labor’s proposed overtime rules, bills introduced in the House and Senate to expand tax benefits for employer-provided education assistance, and an update on the Department of Education’s Federal Student Aid training conference, which covered, among other things, borrower defense to repayment and the timeline for the new FAFSA form. Additionally, we inadvertently omitted a story in our last newsletter concerning the increased scrutiny of antisemitism on campus by Congress. This story appeared online but not in our newsletter. It is included below.

Soundbites

• Regulatory Webinars: Yesterday we held Part 2 of our Regulatory Gauntlet webinar series. This webinar focused on the proposed new overtime rules from the Department of Labor and featured Karin Johns, NAICU’s director of tax policy, and Josh Ulman, chief government relations officer for CUPA-HR. You can access the recording and presentation slides for Parts 1 and 2 of this series on our Advocacy Resources page (log-in required; please email webmaster@naicu.edu if you have issues accessing the resources). The next webinar in this series is December 14, 2:00-3:00 p.m. EST. The webinar will feature representatives from the Department of Education to discuss the agency’s regulatory goals and rationale. (REGISTER)
• Nearly one year after announcing its intention to form a negotiated rulemaking committee to address accreditation, state authorization, and other topics related to the Title IV student financial aid programs, the Department of Education published the official notice seeking nominations for negotiators and unveiling the dates when the negotiated rulemaking committee will meet in January, February, and March of 2024. In addition to the full committee, the Department is establishing a subcommittee to address eligibility requirements for the TRIO programs. Notably, the Department has dropped the issue of third-party servicers (TPSs) from the list of topics to be covered during the upcoming negotiated rulemaking session. Instead, the agency plans to issue updated guidance on TPSs early next year.
• The Department of Education’s Office of Federal Student Aid posted a new Electronic Announcement and FAQs on Higher Education Act Section 117 foreign gift reporting to provide clarifying guidance on institutional compliance. The Department also released an updated Section 117 database showing foreign gift and contract data reported by institutions between June 22, 2020, and October 13, 2023. The FAQs and searchable database come at a time of heightened interest in foreign influence on college campuses, and interest from Congress in expanding Section 117 reporting.

Finally, the month of November included several opportunities for me to join with NAICU members around the country. I was pleased to speak at the Council of Independent Colleges’ (CIC) 2023 Institute for Chief Academic Officers. I was invited to California to speak to members of the Association of Independent California Colleges and Universities (AICCU). And this week, I am in Rhode Island meeting with the Association of Independent Colleges & Universities of Rhode Island (AICURI). Many thanks to CIC President Margorie Hass, AICCU President Kristen Soares, and AICURI President Dan Egan for their invitations, hospitality, and engaging conversations.

Also this month, the Congressional Independent Colleges Caucus (CICC) sponsored a Capitol Hill seminar with congressional staff on how colleges and universities are meeting the mental health needs of students. I would like to thank President Nicholas Covino (William James University), President Katherine Fell (Findlay University), and President Jamel Wright (Eureka College) for traveling to Washington, DC and sharing their insights on the topic of mental health on campus with education and health staffers. This was the latest in a series of CICC seminars that bring together congressional staff and college presidents to discuss timely, relevant topics—and, in the process, educate congressional staff about the private, nonprofit higher education sector.

Finally, NAICU held an advocacy and leadership forum for new college presidents in Boston. This inaugural event was held in conjunction with our New England state associations. A special thanks to Rob McCarron, president of the Association of Independent Colleges & Universities of Massachusetts, for hosting us in Boston. 

Meeting and speaking with NAICU members is so rewarding and enlightening. I gather so much information about the challenges and opportunities you face and how decisions being made in Washington impact your campus directly. I look forward to being back on the road soon!

Regards,

Barbara

Barbara K. Mistick, D.M.
President, NAICU