Introduction by Barbara K. Mistick

Dear Colleagues,

As Congress sprints toward its August recess, there are several issues we will be following during the next two weeks. One of the key issues we will be watching closely is action on appropriations, especially the FY 2023 Labor, Health and Human Services, Education, and Related Agencies Appropriations Subcommittee bill, which funds student aid.

The House of Representatives is working on the first package of six spending bills, which does not include education, and is expected to consider another package with the remaining bills before the end of the month.

The Senate has had bipartisan behind-the-scenes conversations about a top line spending level but has not come to an agreement. Chairman Patrick Leahy (D-VT) has indicated that if he and Ranking Member Richard Shelby (R-AL) do not agree on that number by the end of next week, he will release the Democratic versions of subcommittee bills, as he did last year. This sets up a protracted appropriations process that will most likely be completed this fall after the mid-term elections. 

This week, much of our focus has been on analyzing the recently released proposed Title IX rules. The latest regulatory package marks the third time in the last three presidential administrations that the Title IX rules have been updated, resulting in significant questions about the implications for your students and institution. 

The official version of the Title IX Notice of Proposed Rulemaking (NPRM) was published in the Federal Register this week. As a result, the clock is now ticking on the 60-day public comment period. The deadline to submit comments is September 12. To help provide a more comprehensive understanding of the proposed rules and their potential implications, we have created a dedicated webpage containing Title IX resources from NAICU and the Department of Education, as well as news coverage of the issue. Among the tools found on the page are:

• An executive summary of the NPRM
• A more detailed technical summary of the NPRM
• Links to this week’s Title IX webinar recording and presentation

When the Trump Administration released its proposed Title IX rules, the Department received nearly 125,000 public comments and took a year-and-a-half to publish the final rules. If the past is any indicator, it is likely that these final rules will not be released until mid- to late-2023.

NAICU will be submitting comments to the Department and we encourage you to do the same. We will be monitoring the issue closely and will provide updates as warranted. You can also check our Title IX webpage for any updates from the Department, new resources, and relevant news coverage.

This week’s Washington Update includes stories on Wednesday’s hearing in the Senate Committee on Veterans’ Affairs on legislation that would fix the complex 85/15 rule regarding student veterans and an update on the release of the final tranche of HEERF funding related to the coronavirus.

Soundbites

• The House passed two bills designed to address mental health on college campuses this week. Both bills – the Enhancing Mental Health and Suicide Prevention Through Campus Planning Act (R. 5407) and the Campus Prevention and Recovery Services for Students Act of 2022 (H.R. 6493) – passed with bipartisan support and are likely to receive similar backing in the Senate. The two bills would aid institutions in providing support for mental health and substance abuse on campus.

“The Pell Grant program enjoys strong bipartisan support from both the public and policymakers because it has been so successful in opening the doors of higher education to students while preserving their ability to attend the institution that best meets their needs. As we mark the 50th anniversary of the program, it is time for Congress to reinvest in the Pell Grant program.”

Christina West, associate vice chancellor for federal relations, Vanderbilt University, as quoted in the campus online publications MyVU News.

For more information, please contact:
Barbara K. Mistick