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Government Relations: Higher Education and the 108th Congress
By Mark F. Smith
The last session of Congress distinguished itself more by partisan division than by any sense of genuine accomplishment. The failure to reach agreement on eleven of the thirteen appropriations bills before adjourning for the election symbolized congressional ineffectiveness. Even as sober a columnist as the Washington Post's David Broder characterized the outgoing Congress as the "little engine that couldn't." The good news is that a new Congress has been elected and will begin addressing the nation's problems in January. The bad news is that the same issues will probably bedevil the new Congress even with unified partisan control.
The Republicans held their majority in the House and took control of the Senate, but the narrowness of their majorities will make bipartisan cooperation essential. If Congress expects to produce legislative accomplishments, the parties will have to work together, which will become even more difficult as the 2004 presidential election approaches. The last few presidents have run for election by distinguishing themselves from Congress, making cooperation difficult. Even with a shared partisan outlook, Congress and the White House have conflicting institutional goals that will cause divisions.
Before the new agenda can be tackled, Congress must address several pieces of unfinished business from the last session. Partisan gridlock delayed creation of the Homeland Security Department, prevented agreement on prescription drug coverage, and, most embarrassing, blocked action on the most basic responsibility of Congress—funding the programs of the federal government. The lame duck session simply deferred appropriations decisions, and the new Congress will have to deal with the specific pieces of legislation left over from last session and develop processes that will prevent such embarrassment in the future.
In the area of higher education, Congress has two critical tasks: to reauthorize the Higher Education Act and to provide adequate funding for student aid, research, and institutional support programs. Federal funding is more important than ever given the economic downturn in the states. Different committees will address the two issues, but their progress will intersect during the session.
The Higher Education Act authorizes federal programs dealing with higher education, not only detailing what activities the federal government will fund, but often setting general funding parameters for the programs as well. The reauthorization will take place over the two years of the 108th Congress. The appropriations process provides the actual dollars the government spends, and, in theory, Congress is legally obligated to pass annual appropriations bills before the end of each fiscal year on September 30.
The partisan balance in each house determines committee structures, which means that although the partisan margins are slight, partisan control makes a difference. By controlling the committee structure, the Republican majority will be able to control much of the agenda for the Congress as a whole. Split control, when the Democrats control one house and the Republicans control the other, invites the partisan paralysis seen last fall.
The reauthorization of the Higher Education Act will be handled by the Senate Committee on Health, Education, Labor, and Pensions and by the House Committee on Education and the Workforce. The AAUP's priorities in the coming reauthorization can be summed up as access, quality, diversity, and openness. The Association advocates expanding access to higher education for all students, but also urges that quality standards be maintained. An expansion of access to something whose quality has been diminished is not an improvement. The Association also believes in the importance of protecting the diversity of higher education—the diversity of faculty, staff, and students, as well as the diversity of institutions and institutional missions that characterize higher education in the United States. Finally, in this time of increased security awareness, a formal commitment to the principles of openness that characterizes academic society at its best is essential.
Mark Smith is AAUP director of government relations.
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