NAICU Washington Update

A Slew of Unfriendly Amendments Proposed for House Funding Bill

November 10, 2023

Next week, the House of Representatives is scheduled to consider the Labor-HHS-Education Appropriations bill, which, in its current form, would eliminate funding for Federal Work-Study (FWS) and Supplemental Educational Opportunity Grants (SEOG). 

As the bill heads to the Rules Committee next week, even more unfriendly amendments for higher education are being proposed. Among them are amendments that would eliminate Pell Grants, cut off all student aid funding and other funding such as National Institutes of Health (NIH) to any private college or university that is currently subject to the endowment tax, and prohibit such funding to any institution with scholarships based on race. It is unclear how the Rules Committee will handle the various proposals. 

The Labor-HHS-Education spending bill, which funds the federal student aid programs as well as other programs important to colleges and universities, such as the NIH, is always a difficult bill to pass because it carries the bulk of non-defense spending, and it is a magnet for many culturally charged issues. This time, the list of issues being proposed to be tagged onto the bill could be particularly vexing. The timing for consideration is also further complicated by the expiration of the current continuing resolution (CR) on November 17.

When the Rules Committee meets to prepare the bill for floor consideration, it must decide if almost 300 amendments are in order. Many of those amendments seek to prohibit institutions of higher education from receiving federal funds if they act in certain ways. Only one amendment seeks to restore funding cuts, which is for the Federal Work-Study program, although it is unclear if this amendment will be allowed to be considered. There are no proposed amendments to restore SEOG funding.

NAICU members have been working since the summer to drill home the importance of SEOG, FWS and Pell. NAICU is also working to ensure the slate of amendments that would undermine the various missions of private, nonprofit colleges and universities, hamstring the nation’s research capacity, and undermine the nation’s competitive future are not made in order.

The amendments filed to the bill related to higher education include:

  • Amendment 7 by Murphy (R-NC) – prohibits the bill’s funding to any institution of higher education that demands support or opposition to any political ideology, including diversity, equity, and inclusion (DEI)
  • Amendment 55 by Hern (R-OK) – prohibits the bill’s funding from being used to fund events at institutions of higher education “which contribute to gender dysphoria”
  • Amendment 113 by Hudson (R-NC) – prohibits the bill’s funding from going to any institution of higher education that uses race as a factor in admissions
  • Amendment 119 by Hern (R-OK) – prohibits the bill’s funding from going to any institution of higher education that promotes antisemitism
  • Amendment 121 by Good (R-VA) – prohibits the bill’s funding from going to any institution of higher education that requires people to get a COVID-19 vaccine
  • Amendment 122 by Good (R-VA) – prohibits the bill’s funding from going to any institution of higher education that uses race as a factor in employment decisions
  • Amendment 167 by Biggs (R-AZ) – eliminates all $22.475 billion in funding for ED’s Student Financial Assistance, which is primarily for Pell Grants
  • Amendment 171 by Biggs (R-AZ) – eliminates all $2.8 billion in funding for ED’s Higher Education account
  • Amendment 173 by Biggs (R-AZ) – eliminates all funding for the College Housing and Academic Facilities Loan Program
  • Amendment 184 by Roy (R-TX) – prevents federal funds under this bill from being distributed to universities that pay the endowment tax
  • Amendment 206 by Owens (R-UT) – defunds the ED rule that requires institutions of higher education to exclude revenue from calculations generated from programs that are not eligible for funding under title IV of the Higher Education Act and that are offered through distance education
  • Amendment 210 by Good (R-VA) – prohibits the bill’s funding from going to any institution of higher education that makes grants based at all on race
  • Amendment 213 by Fallon (R-TX) – prohibits the bill’s funding from going to any school that is “housing or holding” any students without legal immigration status
  • Amendment 216 by Schweikert (R-AZ) – reduces all funding provided by the bill by 33%
  • Amendment 220 by Hageman (R-WY) -prohibits the bill’s funding to be used for FAFSA simplification if the FAFSA requires applicants from small farms to report their net worth
  • Amendment 252 by Hageman (R-WY) – prohibits the bill’s funding from being used to implement ED’s September 2023 report on improving diversity in higher education
  • Amendment 254 by Crane (R-AZ) – cuts $37.735 million from the bill’s support for education (without specifying which programs are cut)
  • Amendment 258 by Hageman (R-WY) – prohibits the bill’s funding from going to any institution of higher education that implements any actions in ED’s September 2023 report on “Strategies for Increasing Diversity and Opportunity in Higher Education”
  • Amendment 268 by Ogles (R-TN) – prohibits the bill’s funding from being used to implement ED’s new income-driven repayment plan
  • Amendment 302 by Davidson (R-OH) – prohibits the bill’s funding from being used to implement ED’s gainful employment rule

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