the American Association of Colleges of Osteopathic Medicine

This analysis was prepared by Venable, LLP on behalf of AACOM.

Memorandum

Committee: House Education & the Workforce

Subject: Full Committee Markup of Bills to Bolster Workforce and Academic Health

Date: March 21, 2024

Considered Legislation

H.J. Res. 116, a Congressional Review Act (CRA) resolution to nullify the Biden administration’s independent contractor rule
H.R. 6418, the Empower Charter School Educators to Lead Act
H.R. 3724, the Accreditation for College Excellence Act of 2023
H.R. 7683, the Respecting the First Amendment on Campus Act

Opening Statements

In her opening statement, Chairwoman Foxx (R-NC) called the two education bills “a stake in the ground” that represent how the Committee will not “surrender our schools to either the woke ideologies or the ballooning of education bureaucracy.” Meanwhile, Ranking Member Bobby Scott (D-VA) called these bills a “veiled attack on diversity and academic freedom,” arguing that the legislation will do nothing to improve the lives of American students.

Discussion

H.R. 3724, Accreditation for College Excellence Act of 2023 (Rep. Burgess Owens)

[PASSED, 24-14]

In introducing his bill, Rep. Burgess Owens (R-UT) argued that DEI is a “divisive, administrative framework that exerts significant influence over policy, personnel and administration decisions” at American universities. He emphasized that his bill would prohibit accreditors from mandating DEI standards to receive accreditation; it would also prohibit accreditors from assessing an institution’s commitment to an ideology for the purpose of receiving HEA funding. He underscored that this bill would prevent accreditors from coercing institutions to violate protected Constitutional rights, arguing that the standards for accreditors must remain neutral, objective, and fair, and “not skewed toward ideological extremes like those embedded in DEI.”
Ranking Member Scott argued that H.R. 3724 is a “baseless attempt to inject culture wars into the ever-important accreditation system.” He noted that this legislation would essentially allow religious institutions to skirt accreditation standards for core curricular requirements. Additionally, he argued that the litmus test aspect of the legislation “reinforces the harmful Republican narrative that DEI initiatives…are equivalent to disparate treatment.”
Chairwoman Foxx stated that no institution should be forced to adopt a “social justice agenda” in order to receive Title IV funding. She also noted that accreditors should not be able to pile on additional standards beyond what is specifically outlined in the Higher Education Act, arguing that this takes institutions away from their core mission of developing programs that provide students academic success.

Amendments:

Rep. Suzanne Bonamici’s (D-OR) amendment would add a consumer protection disclosure requirement to require full transparency to students and faculty when any institution seeks an exemption from the core curriculum component required by an accrediting agency. [FAILED, 14-23]

H.R. 7683, the Respecting the First Amendment on Campus Act (Rep. Brandon Williams)

[PASSED, 24-14]

Rep. Brandon Williams (R-NY) stated that his bill affirms the First Amendment protections public campuses must provide by making them a condition of receiving Title IV funds under the Higher Education Act. Further, he added that the bill would prohibit institutions from forcing students, faculty or applicants from taking political litmus tests and would require institutions to disclose annually their First Amendment policies.
Ranking Member Scott argued that students are already capable of reporting violations of their First Amendment rights and do not need this legislation to do so. He emphasized that H.R. 7683 would replace centuries of case law with a “hastily defined statute” that would make public colleges and universities subject to monetary judgements and a potential loss of Title IV aid. Rep. Suzanne Bonamici echoed the Ranking Member’s concerns, saying that the bill would insert more politics into higher education and risk losing important Title IV resources.
Rep. Erin Houchin (R-IN) pointed out her provisions within the legislation that would ensure alternative options for a group’s recognition are available. Additionally, her bill would mandate institutions to publicly disclose their process for distributing funding to student clubs.
Rep. Kathy Manning (D-NC) asked how her Republican colleagues can promote free speech while simultaneously “grilling the presidents of Penn, Harvard and MIT about their institutions failure to condemn Hamas.” She noted that all Members rightfully expressed concerns regarding how long it took Harvard to condemn Hamas. However, she asked Members how they can demand universities take a stance against the hateful and humiliating antisemitism that Congress condemned, while also considering legislation that would prevent universities from doing so. “This bill, I’m afraid, could actually protect the extreme hate speech and rhetoric that we condemned at that now infamous hearing,” she argued.

Amendments:

Rep. Kathy Manning introduced an amendment that would explain students’ protections under Title IV of the Civil Rights Act of 1864 and the procedures for filing a discrimination claim with the Office for Civil Rights of the Department of Education. She also introduced another amendment that would add a rule of construction in the bill that ensures campus administrators have the power to revoke recognition of or funding from, or outright suspend, any student organization that openly supports a U.S. designated foreign terrorist organization. [BOTH AMENDMENTS PASSED BY VOICE VOTE]