Higher Education Faces Growing Scrutiny by U.S. Congress
Congressional scrutiny of higher education related to foreign influence and concerns around campus responses to antisemitism have been growing.  Several congressional committees have held hearings on these topics over the last few weeks.  In a House Education and the Workforce Committee hearing focused on fighting antisemitism on college campuses, Subcommittee Chair Burgess Owens (R-UT) expressed his belief that diversity, equity, and inclusion offices were playing a “major role” in the spread of antisemitism on college campuses.  This concern was also echoed by House Republicans on the Committee on Ways and Means in two separate education-focused hearings.  One of these hearings, which examined the “nexus between antisemitism, tax-exempt universities, and terror financing” also raised concern that foreign investments from malign actors are fueling the lack of response from university leaders to antisemitic incidences on college campuses.  Proposed initiatives to combat antisemitism from hearing witnesses included but were not limited to increased funding for non-profit security grants, which provide support for increased campus security in spaces likely to be targeted for discriminatory violence; ensuring enforcement of Title VI of the Civil Rights Act of 1965 and providing the U.S. Department of Education (ED) with enough resources to do so; funding the implementation of the National Strategy to Combat Antisemitism; and increasing funding for the U.S. Department of Justice prevention programs. 
 
In the Senate, the Committee on Health, Education, Labor, and Pensions (HELP) Ranking Member Bill Cassidy (R-LA) held a bipartisan roundtable that examined many of these issues and focused ED’s obligations related to ensuring students are not facing discrimination.  Of concern, on multiple occasions Republican committee members suggested removing federal funding or tax-exempt status from universities who proved unable to stop antisemitism on their campuses.  Lewis-Burke’s full coverage of the recent federal oversight of institutions of higher education, including other actions taken by Members of Congress and ED in response can be found here.
 
House Committee Approves Section 117 Foreign Gift Reporting Bill
The U.S. House of Representatives Committee on Education and the Workforce, chaired by Rep. Virginia Foxx (R-NC), recently marked up the Defending Education Transparency and Engaging Rogue Regimes Engaging in Nefarious Transactions Act (DETERRENT Act).  This legislation, which was advanced to be considered by the full House of Representatives, would lower the Higher Education Act (HEA) Section 117 foreign gift reporting threshold from $250,000 to $50,000 for all countries and lower the reporting threshold to $0 for certain countries determined to pose national security risks to the United States, including China, North Korea, Iran, and Russia.  It would also increase reporting requirements for Section 117 by requiring annual disclosures from institutions of higher education and disclosure of the name of the individual, benefactor, or department receiving the foreign gift as well as its purpose and any restrictions imposed on the campus in exchange for acceptance of the gift or agreement to a foreign contract.  This information would be collected by the U.S. Department of Education (ED) and put into a publicly searchable database on ED’s website.
 
As of this writing, the House Committee on Rules is considering the bill, the last step before it would be taken up by the full House of Representatives for a vote.  While it is highly unlikely that a reauthorization of the Higher Education Act happens before the end of the calendar year, it is expected that oversight of institutions of higher education and specifically interest in rates of antisemitic incidents and foreign influence will continue into 2024, and legislation addressing these issues could be attached to government spending bills or legislation like the National Defense Authorization Act (NDAA).  Senator Thom Tillis (R-NC) has introduced a companion bill in the Senate. 
 
Legislative Bills of Note

•  S.3232 - Merit-Based Education Reforms and Institutional Transparency Act – Senator Todd Young (R-IN) and Senator Tim Kaine (D-VA): This bill would end legacy admissions practices at U.S. colleges and amend the Higher Education Act to prohibit universities from giving preferential treatment to applicants based on relations to donors or alumni. The full press release can be found here.
• H.R.6377  - Apprentice-Related Child Care Act - Rep. Henry Cuellar (D-TX-28) – This bill would establish a grant program for states to support child care with stipends to apprentices who are in apprenticeships programs, as well as for other purposes. The full press release can be found here.
• S.3226  - Offshore Wind Jobs and Opportunity Act - Senator Ed Markey (D-MA): This bill would require the Secretary of Labor to establish an offshore wind career training grant program, in hopes to improve skills developed in educational and career training programs for the offshore wind industry. The full press release can be found here.

Facts & Figures: Students with Disabilities Ages 5 to 21

Source: U.S. Department of Education, EDFacts Data Warehouse (EDW): “IDEA Part B Child Count and Educational Environments Collection,” 2021-22. https://data.ed.gov/dataset/71ca7d0c-a161-4abe-9e2b-4e68ffb1061a/resource/22294e78-ff8b-48cf-8f5e-5a84f183ec22/download/bchildcountandedenvironment2021-22.csv . Percentages do not equal 100% due to not including the counts of children who receive services in a residential facility, homebound/hospital, correctional facility, or are parentally placed in private schools.