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Holding Onto the Money:
        AACC Legislative Update

                  March 10, 2011

•David Baime
   AACC Senior VP for Government Relations & Research
•Jim Hermes
   AACC Director of Government Relations
• Laurie Quarles
   AACC Legislative Associate
AACC Legislative Update

•   Overview of New Congress
•   Status of FY 2011 Appropriations
•   Obama Administration’s FY 2012 Budget
•   WIA Reauthorization
•   TAA CCCT Grant Program
•   Gainful Employment Regulations
•   Tax Issues
•   Regional Community College Summits
Overview of 112th Congress
• 87 New Republican House Members—More than 1/3 of
  Caucus

• Laser-Like Focus on Cutting Spending by House
  Republicans—New Members Not Invested In Status
  Quo

• Obama and Dems Forced to Respond to New Agenda
Budget Issues
• Focus So Far Limited to “Non-Security
  Discretionary Spending” –About 1/6th of Budget

• Earmarks Gone for Next Two Years and Maybe
  Longer

• Major Battles Coming and Legislative Calendar
  Will Be Dominated and Obstructed by Funding
  Issues

• Government Shutdown Seems Possible
Pell Grant Program
• More Important Now Than Ever as a Result of
  Tuition Increases/State and Local Cuts
• > 3 Million CC Beneficiaries
• > $9 Billion Received by CC Students—32% of
  Total
• For-Profit Presence—1/4 of all Funding
• Program Cost Doubled Over Last Four Years;
  Recipients Up 42%
• Program Costs of Deep Concern to Both Parties
FY 2011 Labor-HHS-Education
       Appropriations
• No Final FY 2011 Appropriations Bills
• Five Continuing Resolutions (CR) to Date
• 111th Congress Approved CR through March 4
• House Passed H.R. 1 on February 19 – Massive Cuts
• Congress Approved Short-Term CR on March 2;
  Expires March 18; Cut $4 Billion including LEAP
• Senate Dems Introduced Full-Year CR March 4
FY 2011 Labor-HHS-Education
    Appropriations—House

• House Full-Year CR, H.R. 1
 ▫ Cuts FY 2011 discretionary programs by $61
   billion
 ▫ Slashes Pell Grant max from $5,550 to $4,705
 ▫ Eliminates funding for SEOG ($ 757.5 M)
 ▫ Cuts TRIO from $853 M to $828 M
 ▫ Cuts GEAR UP from $323 M to $303 M
 ▫ Eliminates funding for Tech Prep ($102.9 M)
 ▫ Cuts funding for Title III & Title V Programs
FY 2011 Labor-HHS-Education
    Appropriations—House
• H.R 1, Cont’d
 ▫ Cuts all new funding for WIA’s Adult, Dislocated
   Workers and Youth formula programs
 ▫ Eliminates nearly all WIA national discretionary
   grants
 ▫ Rescinds $175 M in unobligated Dislocated
   Worker Reserve and Emergency Grants
 ▫ Cuts NSF funding and a host of other
   discretionary programs
 ▫ Eliminates earmarks
FY 2011 Labor-HHS-Education
    Appropriations—Senate
• Senate Democrats’ FY 2011 CR
 ▫ Cuts spending by $6.5 billion & eliminates
   earmarks
 ▫ Provides $11 B more than H.R. 1 for education,
   including $5.7 B to address Pell Grant shortfall
 ▫ Preserves Pell Grant max at $5,550
 ▫ Maintains current SEOG funding
 ▫ Restores funding for TRIO, GEAR UP, and Title
   III and Title V programs (FY 2010 levels)
FY 2011 Labor-HHS-Education
    Appropriations—Senate
• Senate Democrat’s FY 2011 CR
 ▫ Preserves funding for WIA but eliminates funding
   for the Career Pathways Innovation Fund for FY
   2011 and rescinds FY 2010 funding
 ▫ Cuts NSF but by $284 million less than H.R. 1 cuts
   NSF
FY 2011 Appropriations
• On March 9, the Senate voted on two competing
  spending bills for FY 2011
 ▫ The House-passed CR, H.R. 1, was rejected 44-56
   (All Democrats voted against; 3 conservative GOP
   Senators also opposed)

 ▫ The Senate Democrats’ alternative also failed to
   secure the required 60 votes for passage
 ▫ Vote 42-58 with 10 Dems voting against
• Anticipate another short-term CR but final deal
Obama’s FY 2012 Budget

• Unveiled February 14
• Freezes Overall Non-Security Discretionary
  Spending
• Preserves Pell Grant maximum at $5,550, But at
  a Price
 ▫ Would eliminate the summer Pell
 ▫ Would end the payment of in-school interest
   subsidy on graduate /professional student loans
Obama’s FY 2012 Budget
• Other Important Programs:
 ▫ Most student aid programs level funded
 ▫ Perkins CTE programs would be cut by 21%
   (including the elimination of Tech Prep)
 ▫ Modest increase for adult education
 ▫ No funding for CPIF ($125 M)
 ▫ Some cuts in other DOL training programs
 ▫ 13% increase for NSF, increased focus on
   community colleges
Workforce Investment Act (WIA)
       Reauthorization
• Legislation Not Yet Introduced
 ▫ Senate committee staff continue to work on bill,
   say draft will be ready soon
 ▫ Funding cut in H.R. 1 creates complications for
   Republican authorizers
 ▫ Recent reports used to attack system

• Basic Message: Don’t De-Fund, Reauthorize!
Community College And Career Training
 Program (TAACCCT) / Trade Adjustment
       Assistance (TAA) Extension

• TAA Program Expanded in Stimulus Bill
  ▫ Service industries included
  ▫ Training funds increased
  ▫ TAA for Communities (including TAACCCT program)
    established
  ▫ Expanded program set to expire at end of 2010; extended to
    February 12 at the last minute
• Further Extension Has Been Stymied
  ▫ House proposed legislation would pay for extension by
    cutting $238 billion from TAACCCT program in FY 2014
  ▫ Republican opposition to program
Community College and Career
     Training Program
• $500 Million per Year for Four Years Under Trade
  Adjustment Assistance Act.

  ▫ Funded by 2010 Health Care and Education
    Reconciliation Legislation.

  • Minimum of 0.5% of funds to institution(s) in each
    state, but no state distribution per se.

  ▫ Funds not limited to serving TAA recipients but design
    must reflect their needs.
Community College And Career Training
               Program
• Individual Competitive Grants Start at about $2.5 Million over
  Three Years, Consortia Grants Higher
  ▫ Institution may be fiscal agent on only one grant per year, but
    may partner in other consortia
  ▫ Reform and innovation emphasized—no simple program
    expansion

• Uses of Funds
  ▫ Curriculum development, equipment, faculty time, etc.
  ▫ No real property; renovation of existing property may be possible
  ▫ Tuition charges not envisioned in early phase of grants


• Strong Evaluation Component
Gainful Employment Regulations

• Effort by ED to Crack Down on Programs
  Leaving Students Unable to Retire Debts
• Greatest Impact on For-Profit Colleges but CC
  Programs Impacted Too
• Extraordinary Lobbying Effort by For-Profit
  Colleges In Opposition
• Final Regulation Delayed
 ▫ Kline amendment blocking implementation
   passed House overwhelmingly; Senate pending
Program Integrity Regulations
• Final Version Published October 29
• New Requirements Relating to “State
  Authorization” of Distance Education of High
  Concern—AACC Has Written to Hill and is
  Working to Modify/Annul
• New “Credit Hour” Regulatory Definition Also of
  Concern
Tax Issues (AOTC)

• AOTC Extended for Two Years at Close of 111th
  Congress—Spend Now, Pay Later

• Far Preferable to Hope Scholarship:
 ▫ Larger ($2,500) credit geared to low-cost colleges
    100% of first $2,000 in tuition, 25% of next $2,000
 ▫ Covers “course materials.”
 ▫ 40% refundable.

• Obama Wants to Make AOTC Permanent
Tax Issues—Section 127

• Section 127 Provides up to $5,250 of Tax-Free
  Educational Assistance to Incumbent Workers.
 ▫ Huge benefit to individuals attending community
   colleges

• Enacted Legislation Extends Sec. 127 for 2
  Years; Big CC Victory
Regional Community College
            Summits
• Department of Education Holding 4 Regional Summits:
  ▫ Feb. 28—Community College of Philadelphia
  ▫ March 9—Lone Star Community College, TX
  ▫ March 23—Ivy Technical College, Indianapolis
  ▫ April 15—San Diego Community College

• Breakout Sessions:
  ▫ Transitions to Postsecondary Education; Developmental
    Education; Business Partnerships; College Affordability;
    Completion
• “Virtual Summit” Tentatively Set for April 27
Contact Information

• David Baime
 ▫ 202-728-0200 x224, dbaime@aacc.nche.edu

• Jim Hermes
 ▫ 202-728-0200 x216, jhermes@aacc.nche.edu

• Laurie Quarles
 ▫ 202-728-0200 x249, lquarles@aacc.nche.edu

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Holding Money: AACC Legislative Update

  • 1. Holding Onto the Money: AACC Legislative Update March 10, 2011 •David Baime AACC Senior VP for Government Relations & Research •Jim Hermes AACC Director of Government Relations • Laurie Quarles AACC Legislative Associate
  • 2. AACC Legislative Update • Overview of New Congress • Status of FY 2011 Appropriations • Obama Administration’s FY 2012 Budget • WIA Reauthorization • TAA CCCT Grant Program • Gainful Employment Regulations • Tax Issues • Regional Community College Summits
  • 3. Overview of 112th Congress • 87 New Republican House Members—More than 1/3 of Caucus • Laser-Like Focus on Cutting Spending by House Republicans—New Members Not Invested In Status Quo • Obama and Dems Forced to Respond to New Agenda
  • 4. Budget Issues • Focus So Far Limited to “Non-Security Discretionary Spending” –About 1/6th of Budget • Earmarks Gone for Next Two Years and Maybe Longer • Major Battles Coming and Legislative Calendar Will Be Dominated and Obstructed by Funding Issues • Government Shutdown Seems Possible
  • 5. Pell Grant Program • More Important Now Than Ever as a Result of Tuition Increases/State and Local Cuts • > 3 Million CC Beneficiaries • > $9 Billion Received by CC Students—32% of Total • For-Profit Presence—1/4 of all Funding • Program Cost Doubled Over Last Four Years; Recipients Up 42% • Program Costs of Deep Concern to Both Parties
  • 6. FY 2011 Labor-HHS-Education Appropriations • No Final FY 2011 Appropriations Bills • Five Continuing Resolutions (CR) to Date • 111th Congress Approved CR through March 4 • House Passed H.R. 1 on February 19 – Massive Cuts • Congress Approved Short-Term CR on March 2; Expires March 18; Cut $4 Billion including LEAP • Senate Dems Introduced Full-Year CR March 4
  • 7. FY 2011 Labor-HHS-Education Appropriations—House • House Full-Year CR, H.R. 1 ▫ Cuts FY 2011 discretionary programs by $61 billion ▫ Slashes Pell Grant max from $5,550 to $4,705 ▫ Eliminates funding for SEOG ($ 757.5 M) ▫ Cuts TRIO from $853 M to $828 M ▫ Cuts GEAR UP from $323 M to $303 M ▫ Eliminates funding for Tech Prep ($102.9 M) ▫ Cuts funding for Title III & Title V Programs
  • 8. FY 2011 Labor-HHS-Education Appropriations—House • H.R 1, Cont’d ▫ Cuts all new funding for WIA’s Adult, Dislocated Workers and Youth formula programs ▫ Eliminates nearly all WIA national discretionary grants ▫ Rescinds $175 M in unobligated Dislocated Worker Reserve and Emergency Grants ▫ Cuts NSF funding and a host of other discretionary programs ▫ Eliminates earmarks
  • 9. FY 2011 Labor-HHS-Education Appropriations—Senate • Senate Democrats’ FY 2011 CR ▫ Cuts spending by $6.5 billion & eliminates earmarks ▫ Provides $11 B more than H.R. 1 for education, including $5.7 B to address Pell Grant shortfall ▫ Preserves Pell Grant max at $5,550 ▫ Maintains current SEOG funding ▫ Restores funding for TRIO, GEAR UP, and Title III and Title V programs (FY 2010 levels)
  • 10. FY 2011 Labor-HHS-Education Appropriations—Senate • Senate Democrat’s FY 2011 CR ▫ Preserves funding for WIA but eliminates funding for the Career Pathways Innovation Fund for FY 2011 and rescinds FY 2010 funding ▫ Cuts NSF but by $284 million less than H.R. 1 cuts NSF
  • 11. FY 2011 Appropriations • On March 9, the Senate voted on two competing spending bills for FY 2011 ▫ The House-passed CR, H.R. 1, was rejected 44-56 (All Democrats voted against; 3 conservative GOP Senators also opposed) ▫ The Senate Democrats’ alternative also failed to secure the required 60 votes for passage ▫ Vote 42-58 with 10 Dems voting against • Anticipate another short-term CR but final deal
  • 12. Obama’s FY 2012 Budget • Unveiled February 14 • Freezes Overall Non-Security Discretionary Spending • Preserves Pell Grant maximum at $5,550, But at a Price ▫ Would eliminate the summer Pell ▫ Would end the payment of in-school interest subsidy on graduate /professional student loans
  • 13. Obama’s FY 2012 Budget • Other Important Programs: ▫ Most student aid programs level funded ▫ Perkins CTE programs would be cut by 21% (including the elimination of Tech Prep) ▫ Modest increase for adult education ▫ No funding for CPIF ($125 M) ▫ Some cuts in other DOL training programs ▫ 13% increase for NSF, increased focus on community colleges
  • 14. Workforce Investment Act (WIA) Reauthorization • Legislation Not Yet Introduced ▫ Senate committee staff continue to work on bill, say draft will be ready soon ▫ Funding cut in H.R. 1 creates complications for Republican authorizers ▫ Recent reports used to attack system • Basic Message: Don’t De-Fund, Reauthorize!
  • 15. Community College And Career Training Program (TAACCCT) / Trade Adjustment Assistance (TAA) Extension • TAA Program Expanded in Stimulus Bill ▫ Service industries included ▫ Training funds increased ▫ TAA for Communities (including TAACCCT program) established ▫ Expanded program set to expire at end of 2010; extended to February 12 at the last minute • Further Extension Has Been Stymied ▫ House proposed legislation would pay for extension by cutting $238 billion from TAACCCT program in FY 2014 ▫ Republican opposition to program
  • 16. Community College and Career Training Program • $500 Million per Year for Four Years Under Trade Adjustment Assistance Act. ▫ Funded by 2010 Health Care and Education Reconciliation Legislation. • Minimum of 0.5% of funds to institution(s) in each state, but no state distribution per se. ▫ Funds not limited to serving TAA recipients but design must reflect their needs.
  • 17. Community College And Career Training Program • Individual Competitive Grants Start at about $2.5 Million over Three Years, Consortia Grants Higher ▫ Institution may be fiscal agent on only one grant per year, but may partner in other consortia ▫ Reform and innovation emphasized—no simple program expansion • Uses of Funds ▫ Curriculum development, equipment, faculty time, etc. ▫ No real property; renovation of existing property may be possible ▫ Tuition charges not envisioned in early phase of grants • Strong Evaluation Component
  • 18. Gainful Employment Regulations • Effort by ED to Crack Down on Programs Leaving Students Unable to Retire Debts • Greatest Impact on For-Profit Colleges but CC Programs Impacted Too • Extraordinary Lobbying Effort by For-Profit Colleges In Opposition • Final Regulation Delayed ▫ Kline amendment blocking implementation passed House overwhelmingly; Senate pending
  • 19. Program Integrity Regulations • Final Version Published October 29 • New Requirements Relating to “State Authorization” of Distance Education of High Concern—AACC Has Written to Hill and is Working to Modify/Annul • New “Credit Hour” Regulatory Definition Also of Concern
  • 20. Tax Issues (AOTC) • AOTC Extended for Two Years at Close of 111th Congress—Spend Now, Pay Later • Far Preferable to Hope Scholarship: ▫ Larger ($2,500) credit geared to low-cost colleges  100% of first $2,000 in tuition, 25% of next $2,000 ▫ Covers “course materials.” ▫ 40% refundable. • Obama Wants to Make AOTC Permanent
  • 21. Tax Issues—Section 127 • Section 127 Provides up to $5,250 of Tax-Free Educational Assistance to Incumbent Workers. ▫ Huge benefit to individuals attending community colleges • Enacted Legislation Extends Sec. 127 for 2 Years; Big CC Victory
  • 22. Regional Community College Summits • Department of Education Holding 4 Regional Summits: ▫ Feb. 28—Community College of Philadelphia ▫ March 9—Lone Star Community College, TX ▫ March 23—Ivy Technical College, Indianapolis ▫ April 15—San Diego Community College • Breakout Sessions: ▫ Transitions to Postsecondary Education; Developmental Education; Business Partnerships; College Affordability; Completion • “Virtual Summit” Tentatively Set for April 27
  • 23. Contact Information • David Baime ▫ 202-728-0200 x224, dbaime@aacc.nche.edu • Jim Hermes ▫ 202-728-0200 x216, jhermes@aacc.nche.edu • Laurie Quarles ▫ 202-728-0200 x249, lquarles@aacc.nche.edu