Congress Eyes FAFSA Reforms and Anti-Hazing Bills in Post-Election Legislative Push
November 12, 2024

Lawmakers return to Washington this week for the post-election lame duck session of Congress, the final legislative push before the 118th Congress adjourns.

While lame-duck agendas typically focus on passing overdue appropriations bills, this year’s session may also see other higher education-related legislation advancing.

ACE is advocating on behalf of our students and institutions in a number of areas, including:

FY 2025 Appropriations and Federal Student Aid

Before leaving in September to campaign for the election, Congress approved a short-term funding package for FY 2025 to keep the federal government running through Dec. 20. The House Appropriations Committee has completed markups on all 12 of its appropriations bills for the fiscal year that began on Oct. 1, but only five have been passed by the full House. The full Senate has yet to pass any. The Washington Post has reported that lawmakers are discussing a temporary spending measure that would fund the government into March.

In terms of funding for federal student aid, the Senate Appropriations Committee advanced its FY 2025 Labor-HHS-Education spending bill on Aug. 1, a measure that includes $79.6 billion for the Department of Education. The House bill approved in June proposes deeper cuts to education programs, which ACE and the Student Aid Alliance strongly oppose

The status of FY 2025 appropriations after Dec. 20 reportedly will be determined in part by which party ends up controlling the House, which as of this writing remained undecided but appeared to be favoring Republicans holding on to a slim majority. 

Sen. Lindsey Graham (R-SC), the next Senate Budget Committee chairman, has indicated that Republicans will pursue budget reconciliation after the new Congress is sworn in if they retain control of the House. Budget reconciliation enables the majority to push through budget priorities—such as potential tax cuts or changes to social programs—by bypassing the usual 60-vote threshold in the Senate and passing legislation with a simple majority instead. This approach could lead to significant shifts in federal spending, impacting areas like education.

The FAFSA Deadline Act

The House is scheduled to vote this week on the FAFSA Deadline Act (H.R. 8932), which aims to streamline the application process for federal student aid by making Oct. 1 the official launch date for the FAFSA each year.

ACE and several other higher education associations strongly support the bill, which would give students and families more time to make crucial financial decisions.

ACE is spearheading a letter on behalf of the other associations that will be sent this week to House leaders stressing the urgency of the legislation. The letter will note the significant problems likely caused by delays in the 2024-25 FAFSA cycle with the launch of the new form, including a five percent drop in first-year enrollment for fall 2024. The associations see the bill as crucial for improving access to financial aid, particularly for low-income students. 

The Stop Campus Hazing Act

The Stop Campus Hazing Act, an effort to curb hazing on college campuses, recently passed in the House and is likely to be voted on in the Senate during the lame-duck session, perhaps as early as this week. This bipartisan bill would amend the Clery Act to require colleges and universities to include hazing incidents in their annual security reports, implement hazing-prevention programs, and make policies accessible online. 

ACE and other higher education organizations have voiced their support for the bill’s objectives but advocate for adjustments to ensure clarity and feasibility in reporting obligations.

In a letter sent last week to Senate leadership, these groups underscored the commitment of colleges and universities to creating safe environments. While the bill's goals are worthwhile, the organizations raised concerns about specific provisions, including refining the definition of hazing to avoid conflicts with free speech protections and limiting the reporting requirements to recognized student organizations. They also recommended annual reporting instead of biannual updates to better manage resources.

FY 2025 National Defense Authorization Act 

Congress oversees the Department of Defense primarily through two yearly bills: the National Defense Authorization Act (NDAA) and defense appropriations bills. The NDAA is often used as a legislative vehicle for non-defense provisions, as its annual passage makes it a reliable way to address other priorities.

The House approved its version of the FY 2025 bill at the end of June, while the Senate advanced its version out of committee but has not yet brought it to the floor for a vote. As lawmakers work to finish the bill in the lame duck, ACE and other higher education associations have raised concerns with parts of the bill that could restrict academic partnerships, limit research, and complicate civil rights enforcement.

In a letter to the House and Senate Armed Services Committees last month, the groups wrote that new restrictions in the bill could block U.S. institutions from collaborating with universities in China, North Korea, Iran, and Russia. These sections would limit both research agreements and beneficial exchange programs that foster cultural understanding and share American values globally.

Another provision in the bill proposes a 10-year restriction on researchers who work on Department of Defense (DOD) projects, barring them from engaging with certain foreign entities post-project. This limitation could deter top researchers from participating in critical defense research due to restrictive career limitations.

Of particular concern is Section 220, which would bar DOD funding to institutions found in violation of Title VI, the federal civil rights statute against discrimination. While the associations strongly support protecting civil rights on campus, they argue this section duplicates the enforcement role already handled by the Department of Education. Section 220 would also grant the DOD authority to waive funding bans for institutions with civil rights violations, a power that could undermine Title VI protections.