DETERRENT Act

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Bill ID: 119/hr/1048
Last Updated: July 12, 2026

Sponsored by

Rep. Baumgartner, Michael [R-WA-5]

ID: B001322

Follow the money

The bill

DETERRENT Act

HR. 1048, 119th Congress — read as touching For-Profit Education & Student Loans.

The sponsor

Rep. Baumgartner, Michael [R-WA-5]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$126,974 raised

26 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

63% match to Project 2025

This bill's text tracks the "Introduction" section, p. 353-355 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

March 30, 2025

Introduced

Committee Review

Floor Action

Passed House

Senate Review

📍 Current Status

Next: Both chambers must agree on the same version of the bill.

🎉

Passed Congress

🖊️

Presidential Action

⚖️

Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

Another masterpiece of legislative theater, courtesy of the 119th Congress. The DETERRENT Act, a bill so cleverly named it's almost as if they're trying to distract us from its true purpose.

Let's dissect this monstrosity:

**New regulations being created or modified:** Ah, yes, because what higher education institutions really needed was more paperwork and bureaucratic red tape. The bill amends the Higher Education Act of 1965 to strengthen disclosure requirements for foreign gifts and contracts. Because, you know, those sneaky foreigners are just waiting to infiltrate our esteemed institutions with their nefarious gifts.

**Affected industries and sectors:** Higher education, naturally. But let's not forget the real beneficiaries: the politicians who get to grandstand about "defending education transparency" while lining their pockets with campaign donations from the very same institutions they're supposedly regulating.

**Compliance requirements and timelines:** Institutions must file disclosure reports on July 31 of each year, detailing gifts and contracts with foreign sources. Oh, and if you're substantially controlled by a foreign source (because that's not already a recipe for disaster), you get to file even more reports! The contents of these reports are a laundry list of minutiae, because who doesn't love a good game of bureaucratic bingo?

**Enforcement mechanisms and penalties:** Ah, the teeth of this bill. Institutions that fail to comply will face... *dramatic pause* ...investigations by the Secretary! Oh no, the horror! And if they're found guilty, they might even have to produce an unredacted copy of the contract. The very thought sends shivers down my spine.

**Economic and operational impacts:** Let's be real; this bill is a jobs program for compliance officers and lawyers. Institutions will need to hire more staff to deal with the increased paperwork burden, which will inevitably lead to higher tuition costs and more student debt. But hey, at least we'll have "transparency"!

In conclusion, the DETERRENT Act is a textbook example of legislative malpractice. It's a solution in search of a problem, designed to appease the politicians' base while enriching their donors. The real disease here is not foreign influence, but rather the corruption and incompetence that pervades our government.

Diagnosis: Terminal case of bureaucratic bloat, with symptoms including unnecessary regulations, increased compliance costs, and a healthy dose of hypocrisy. Prognosis: Poor. Treatment: A strong dose of skepticism and a healthy disregard for the politicians who peddle this nonsense.

Related Topics

Education & Student Aid
Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Baumgartner, Michael [R-WA-5]

Congress 119 • 2024 Election Cycle

Total Contributions
$126,974
21 donors
PACs
$0
Organizations
$12,900
Committees
$0
Individuals
$114,074

No PAC contributions found

1
THE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION
3 transactions
$8,600
2
KALISPEL TRIBAL ECONOMIC AUTHORITY
2 transactions
$3,300
3
YAKAMA NATION
1 transaction
$1,000

No committee contributions found

1
JHASHI, VAJA
1 transaction
$13,200
2
PLATH, PETER
2 transactions
$13,200
3
SCHNAUBELT, CHRISTOPHER
2 transactions
$6,870
4
BENNETT, GREGG
1 transaction
$6,600
5
CONNORS, JOHN
1 transaction
$6,600
6
CONNORS, KATHY
1 transaction
$6,600
7
MERCK, MAGGIE
1 transaction
$6,600
8
ODERMAT, MARY
1 transaction
$6,600
9
PARKS, DAVE
1 transaction
$6,600
10
CHAUDHRY, ASIF
1 transaction
$6,600
11
MAHMOOD, ARSHAD
1 transaction
$6,600
12
SLIVKA, BENJAMIN
1 transaction
$5,829
13
JOHNSON, KEVIN
1 transaction
$5,000
14
ANDERSON, MARK
1 transaction
$3,435
15
BRIDGEWATER, JACK
1 transaction
$3,435
16
HERCHE, THOMAS
1 transaction
$3,435
17
RINDLAUB, SARAH
1 transaction
$3,435
18
WETZEL, SCOTT
1 transaction
$3,435

Cosponsors & Their Campaign Finance

This bill has 10 cosponsors. Below are their top campaign contributors.

Rep. Messmer, Mark [R-IN-8]

ID: M001233

Top Contributors

10

1
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
2
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
3
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
4
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
5
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
6
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
7
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
8
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
9
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,300
Apr 11, 2024
10
AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE PAC
PACWASHINGTON, DC
$3,000
Apr 11, 2024

Rep. Owens, Burgess [R-UT-4]

ID: O000086

Top Contributors

10

1
UTE INDIAN TRIBE
OrganizationFORT DUCHESNE, UT
$3,300
Nov 12, 2024
2
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$2,000
Sep 30, 2024
3
PALMER, JEFFERY
NONERETIRED
IndividualMAPLETON, UT
$13,200
May 29, 2023
4
JENKINS, JAMES W.
RETIREDRETIRED
IndividualSALT LAKE CITY, UT
$10,000
May 13, 2024
5
HOLSCHER, KELLY
RETIREDRETIRED
IndividualPACIFIC PALISADES, CA
$6,600
Aug 22, 2024
6
LISONBEE, DAVID
4LIFE RESEARCHBUSINESS OWNER
IndividualPROVO, UT
$6,600
Mar 19, 2024
7
OVERHOLT, DAVID W. MR.
UNIFIED PURCHASING GROUPPRESIDENT
IndividualSOUTH JORDAN, UT
$6,600
Apr 3, 2024
8
DAICHENDT, JOE
ACI JETBUSINESS OWNER
IndividualLADERA RANCH, CA
$6,600
Mar 16, 2023
9
GRIFFIN, KENNETH
CITADEL LLCFOUNDER CEO
IndividualMIAMI BEACH, FL
$6,600
Apr 10, 2023
10
PALMER, KELLY
NONERETIRED
IndividualMAPLETON, UT
$6,600
Jun 13, 2023

Rep. Allen, Rick W. [R-GA-12]

ID: A000372

Top Contributors

10

1
CHEVY CHASE ENERGY LLC
OrganizationHOUSTON, TX
$500
May 19, 2023
2
RHODES, JIMMY MR.
TAXSLAYEROWNER
IndividualEVANS, GA
$3,300
Nov 2, 2024
3
MASSEY, JON G.
NONERETIRED
IndividualFOLSOM, LA
$3,300
Oct 28, 2024
4
RHODES, KERRY MRS.
NONEHOMEMAKER
IndividualEVANS, GA
$3,300
Nov 2, 2024
5
DORE, WILLIAM J. SR.
NONERETIRED
IndividualMOUNTAIN BRK, AL
$3,300
Nov 5, 2024
6
BAKER, ROBERT D
DUFFEY SOUTHEAST, INC.CONSTRUCTION
IndividualCEDARTOWN, GA
$3,300
Nov 5, 2024
7
STEPHENSON, DONNA Y. MR.
NONEHOMEMAKER
IndividualATLANTA, GA
$3,300
Dec 31, 2023
8
HATCHER, MARILEE MRS.
MAU, INCSPECIAL EVENT COORDINATOR
IndividualAUGUSTA, GA
$3,300
Dec 11, 2023
9
WINCHESTER, GAYLE MRS.
NONERETIRED
IndividualATLANTA, GA
$3,300
Oct 13, 2023
10
STEPHENSON, DONNA Y. MR.
NONEHOMEMAKER
IndividualATLANTA, GA
$3,300
Dec 31, 2023

Rep. Kiley, Kevin [R-CA-3]

ID: K000401

Top Contributors

10

1
WINRED
COMARLINGTON, VA
$30
Oct 24, 2024
2
WINRED
COMARLINGTON, VA
$10
Oct 29, 2024
3
BENNETT WEST ROSEVILLE LLC
NOT INCORPORATED
OrganizationORANGEVALE, CA
$3,000
Oct 21, 2024
4
NICHOLSON & OLSON, CPAS
UNINCORPORATED PARTNERSHIP
OrganizationROSEVILLE, CA
$750
Jun 28, 2023
5
NASH, JILL
N/ANOT EMPLOYOED
IndividualLINCOLN, CA
$6,600
Jul 22, 2024
6
ROWE, SUSAN
N/ANOT EMPLOYED
IndividualBAKERSFIELD, CA
$6,600
May 20, 2024
7
BURKE, TIM
QUEST TECHNOLOGYBUSINESS OWNER
IndividualORANGEVALE, CA
$6,600
Oct 10, 2024
8
SMYTH, CHARLES
IndividualGRANITE BAY, CA
$6,600
Nov 3, 2024
9
FRANCK, KASI
SELFDENTIST
IndividualROCKLIN, CA
$6,600
Dec 28, 2023
10
BRADLEY, KATHERINE
CITYBRIDGE FOUNDATIONBOARD CHAIR
IndividualWASHINGTON, DC
$5,000
Sep 11, 2024

Rep. Walberg, Tim [R-MI-5]

ID: W000798

Top Contributors

10

1
POKAGON BAND OF POTAWATOMI INDIANS
OrganizationDOWAGIAC, MI
$3,300
Dec 31, 2023
2
WEIR FARMS
OrganizationHANOVER, MI
$500
Aug 21, 2023
3
WEIR FARMS
OrganizationHANOVER, MI
$500
Aug 12, 2024
4
HAWORTH, ETHELYN
RETIREDRETIRED
IndividualSAUGATUCK, MI
$47,900
Jun 5, 2024
5
HONIG, KEN
KEN HONIGBUSINESS DEVELOPMENT
IndividualNEW PORT BEACH, CA
$31,600
May 30, 2024
6
HAWORTH, RICHARD
HAWORTH INCCHAIRMAN EMERITUS
IndividualSAUGATUCK, MI
$11,600
May 9, 2024
7
KLARR, GUNNAR
RETIREDRETIRED
IndividualJACKSON, MI
$10,000
Dec 29, 2023
8
HAWORTH, RICHARD
HAWORTH INCCHAIRMAN EMERITUS
IndividualSAUGATUCK, MI
$10,000
Nov 4, 2024
9
DRESNER, LINDA
SELFRETIRED
IndividualBIRMINGHAM, MI
$6,600
Dec 7, 2023
10
LEVY, EDWARD C JR.
EDWARD C LEVY COMPANYEXECUTIVE
IndividualBIRMINGHAM, MI
$6,600
Dec 7, 2023

Rep. Wilson, Joe [R-SC-2]

ID: W000795

Top Contributors

10

1
CATAWBA INDIAN NATION
OrganizationROCK HILL, SC
$2,000
May 6, 2024
2
LEVKOWITZ, HOWARD
SELF EMPLOYEDINVESTOR
IndividualLOS ANGELES, CA
$6,600
Nov 28, 2023
3
VICKAR, KERRY
LKV MANAGEMENTCHAIRMAN
IndividualCHARLOTTE, NC
$5,000
Nov 21, 2023
4
LOWELL, RANDY R.
BURR FORMANATTORNEY
IndividualISLE OF PALMS, SC
$3,700
May 8, 2024
5
VALLARINO, MANUEL R.
RETIREDRETIRED
IndividualSURFSIDE BEACH, SC
$3,300
Oct 29, 2024
6
VALLARINO, MARY EMILY J.
RETIREDRETIRED
IndividualSURFSIDE BEACH, SC
$3,300
Oct 29, 2024
7
CASSELS, W. TOBIN III
SOUTHEASTERN FREIGHT LINESPRESIDENT
IndividualCOLUMBIA, SC
$3,300
Dec 1, 2023
8
CASSELS, W. TOBIN JR.
SOUTHEASTERN FREIGHT LINESCHAIRMAN & CEO
IndividualCOLUMBIA, SC
$3,300
Dec 1, 2023
9
HOEFER, JOHN M. S. ESQ.
WILLOUGHBY & HOEFER P.A.ATTORNEY
IndividualCOLUMBIA, SC
$3,300
Nov 8, 2023
10
LIEBERMAN, JEREMY A.
KLEE TUCHIN BOGDANOFF & STERN LLPATTORNEY
IndividualFLUSHING, NY
$3,300
Oct 31, 2023

Rep. Rulli, Michael A. [R-OH-6]

ID: R000619

Top Contributors

10

1
10SIX CONSUTLING
OrganizationHUDSON, WI
$10,000
Mar 29, 2024
2
10SIX CONSUTLING
OrganizationHUDSON, WI
$10,000
Mar 31, 2024
3
10SIX CONSUTLING
OrganizationHUDSON, WI
$6,000
Mar 28, 2024
4
10SIX CONSUTLING
OrganizationHUDSON, WI
$6,000
Mar 31, 2024
5
BUCKEYE JUNCTION LLC
OrganizationCOLUMBUS, OH
$1,000
Dec 20, 2023
6
LEHMAN PUBLIC POLICY LLC
OrganizationNEWARK, OH
$500
Dec 12, 2023
7
NELSON GOVERNMENT STRATEGIES LLC
OrganizationCOLUMBUS, OH
$350
Dec 12, 2023
8
SMITH, GREGORY B. MR. SR.
COMPCOCHAIRMAN OF THE BOARD
IndividualCOLUMBIANA, OH
$6,600
Mar 11, 2024
9
MILLER, SAMUEL
TRUMBULL INDUSTRIESOWNER
IndividualYOUNGSTOWN, OH
$6,600
Mar 15, 2024
10
SMITH, GREGORY B. MR. SR.
IndividualCOLUMBIANA, OH
$6,600
Mar 14, 2024

Rep. Foxx, Virginia [R-NC-5]

ID: F000450

Top Contributors

10

1
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$3,300
Apr 26, 2024
2
EASTERN BAND OF CHEROKEE INDIANS
OrganizationCHEROKEE, NC
$2,000
Dec 18, 2023
3
SANTA YNEZ BAND OF CHUMASH INDIANS
OrganizationSANTA YNEZ, CA
$2,000
Mar 11, 2024
4
SHAKOPEE MDEWAKANTON SIOUX COMMUNITY
OrganizationPRIOR LAKE, MN
$1,650
May 31, 2023
5
CATAWBA NATION TRIBE
OrganizationROCK HILL, SC
$1,500
Mar 1, 2024
6
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$1,500
Jun 30, 2023
7
MORONGO BAND OF MISSION INDIANS
OrganizationBANNING, CA
$1,500
Apr 29, 2024
8
MOORE, JOHN T. MR.
MARWOOD GROUPCEO
IndividualNEW YORK, NY
$5,000
Aug 26, 2024
9
BARKER, PATRICIA M. MRS.
BOB BARKER COCORP SECRETARY
IndividualFUQUAY VARINA, NC
$3,300
Oct 28, 2024
10
DRESCHER, STEPHANIE MS.
APOLLOPARTNER
IndividualNEW YORK, NY
$3,300
Nov 4, 2024

Rep. Grothman, Glenn [R-WI-6]

ID: G000576

Top Contributors

10

1
HO CHUNK NATION
OrganizationBLACK RIVER FALLS, WI
$3,300
Oct 28, 2024
2
GENTINE, LOUIS P. II
SARGENTOEXECUTIVE
IndividualELKHART LAKE, WI
$13,200
Mar 15, 2024
3
SCHLIFSKE, JOHN E.
NORTHWESTERN MUTUALGOVERNMENT RELATIONS
IndividualELM GROVE, WI
$6,600
Mar 22, 2024
4
SCHLIFSKE, KIM C.
HOMEMAKERHOMEMAKER
IndividualELM GROVE, WI
$6,600
Mar 22, 2024
5
LEVY, EDWARD
EDWARD C LEVY COCHAIRMAN
IndividualBIRMINGHAM, MI
$6,600
Apr 10, 2024
6
KRESS, DONALD F.
RETIREDRETIRED
IndividualGREEN BAY, WI
$5,000
Nov 22, 2023
7
WELLS, CECELIA A.
RETIREDRETIRED
IndividualMEQUON, WI
$5,000
Jun 30, 2023
8
WELLS, CECELIA
IndividualMEQUON, WI
$5,000
Jun 30, 2023
9
AYLWARD, RICHARD J. MR.
RETIREDRETIRED
IndividualNEENAH, WI
$4,000
Mar 15, 2024
10
KRESS, DONALD F.
RETIREDRETIRED
IndividualGREEN BAY, WI
$3,300
Dec 31, 2023

Rep. Onder, Robert [R-MO-3]

ID: O000177

Top Contributors

10

1
O'BRIEN, FRANK
O'BRIEN INDUSTRIAL HOLDINGSOWNER
IndividualSAINT LOUIS, MO
$13,200
Mar 31, 2024
2
ONDER, JAMES G
ONDERLAW, LLCATTORNEY
IndividualSAINT LOUIS, MO
$13,200
Mar 26, 2024
3
BURNS, ROBERT
PATRIOT MACHINEVICE PRESIDENT
IndividualCHESTERFIELD, MO
$13,200
Sep 5, 2024
4
POGUE, RICHARD W.
RETIREDRETIRED
IndividualWRIGHT CITY, MO
$13,200
Jun 20, 2024
5
SCHULTE, STEVE
HENGES INTERIORSOWNER
IndividualWELDON SPRING, MO
$13,200
May 8, 2024
6
MUELLER, DOUGLAS
RETIREDRETIRED
IndividualO FALLON, MO
$10,000
Mar 6, 2024
7
OBRIEN, JOHN
RETIREDRETIRED
IndividualLAKE ST LOUIS, MO
$10,000
Mar 11, 2024
8
SMITH, MENLO
RETIREDRETIRED
IndividualCHESTERFIELD, MO
$7,500
Mar 21, 2024
9
STOFFA, ROBERT
WINDBER HOSPITALPHYSICIAN
IndividualLIGONIER, PA
$6,870
Mar 28, 2024
10
KOVAC, AMY
BAIN COBUSINESS CONSULTANT
IndividualDALLAS, TX
$6,818
Mar 30, 2024

Donor Network - Rep. Baumgartner, Michael [R-WA-5]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

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Showing 54 nodes and 41 connections (50 secondary connections hidden)

Total contributions: $169,814

Top Donors - Rep. Baumgartner, Michael [R-WA-5]

Showing top 21 donors by contribution amount

3 Orgs18 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 1 harmed.

  • The bill amends the Higher Education Act to impose disclosure requirements, prohibitions on contracts with foreign entities of concern, and enforcement mechanisms on institutions of higher education, including private institutions. For-profit education institutions (e.g., University of Phoenix, Grand Canyon Education) are private institutions that receive federal funds (Title IV) and are subject to the bill's requirements, including reporting, waivers, fines, and potential loss of program partic

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.

Introduction

Moderate62.8%
Pages: 353-355

— 320 — Mandate for Leadership: The Conservative Promise The future of education freedom and reform in the states is bright and will shine brighter when regulations and red tape from Washington are eliminated. Federal money is inevitably accompanied by rules and regulations that keep the influx of funds from having much, if any, impact on student outcomes. It raises the cost of education without raising student achievement. To the extent that federal taxpayer dollars are used to fund education programs, those funds should be block- granted to states without strings, eliminating the need for many federal and state bureaucrats. Eventually, policymaking and funding should take place at the state and local level, closest to the affected families. Although student loans and grants should ultimately be restored to the private sector (or, at the very least, the federal government should revisit its role as a guarantor, rather than direct lender) federal postsecondary education investments should bolster economic growth, and recipient institutions should nourish academic freedom and embrace intellectual diversity. That has not, however, been the track record of federal higher education policy or of the many institutions of higher education that are hostile to free expression, open academic inquiry, and American exceptionalism. Federal post- secondary policy should be more than massive, inefficient, and open-ended subsidies to “traditional” colleges and universities. It should be rebalanced to focus far more on bolstering the workforce skills of Americans who have no interest in pursuing a four- year academic degree. It should reflect a fuller picture of learning after high school, placing apprenticeship programs of all types and career and technical education on an even playing field with degrees from colleges and universities. Rather than continuing to buttress a higher education establishment captured by woke “diversicrats” and a de facto monopoly enforced by the federal accreditation cartel, federal postsecondary education policy should prepare students for jobs in the dynamic economy, nurture institutional diversity, and expose schools to greater market forces.1 OVERVIEW For most of our history, the federal government played a minor role in education. Then, over a 14-month period beginning in 1964, Congress planted the seeds for what would become the U.S. Department of Education (ED or the department). In July of that year, President Lyndon B. Johnson signed into law the Civil Rights Act of 1964, after Congress reached a consensus that the mistreatment of black Americans was no longer tolerable and merited a federal response. In the case of the Elementary and Secondary Education Act of 1965 (ESEA)2 and the Higher Education Act of 1965 (HEA),3 Congress sought to improve educational outcomes for disadvantaged students by providing additional compensatory funding for low-income children and lower-income college students. Spending on ESEA and the HEA—part of Johnson’s “War on Poverty”—grew exponentially in the years that followed. By Fiscal Year 2022, ESEA programs received $27.7 billion in appropriations, in addition to $190 billion that came

Introduction

Moderate62.8%
Pages: 353-355

— 320 — Mandate for Leadership: The Conservative Promise The future of education freedom and reform in the states is bright and will shine brighter when regulations and red tape from Washington are eliminated. Federal money is inevitably accompanied by rules and regulations that keep the influx of funds from having much, if any, impact on student outcomes. It raises the cost of education without raising student achievement. To the extent that federal taxpayer dollars are used to fund education programs, those funds should be block- granted to states without strings, eliminating the need for many federal and state bureaucrats. Eventually, policymaking and funding should take place at the state and local level, closest to the affected families. Although student loans and grants should ultimately be restored to the private sector (or, at the very least, the federal government should revisit its role as a guarantor, rather than direct lender) federal postsecondary education investments should bolster economic growth, and recipient institutions should nourish academic freedom and embrace intellectual diversity. That has not, however, been the track record of federal higher education policy or of the many institutions of higher education that are hostile to free expression, open academic inquiry, and American exceptionalism. Federal post- secondary policy should be more than massive, inefficient, and open-ended subsidies to “traditional” colleges and universities. It should be rebalanced to focus far more on bolstering the workforce skills of Americans who have no interest in pursuing a four- year academic degree. It should reflect a fuller picture of learning after high school, placing apprenticeship programs of all types and career and technical education on an even playing field with degrees from colleges and universities. Rather than continuing to buttress a higher education establishment captured by woke “diversicrats” and a de facto monopoly enforced by the federal accreditation cartel, federal postsecondary education policy should prepare students for jobs in the dynamic economy, nurture institutional diversity, and expose schools to greater market forces.1 OVERVIEW For most of our history, the federal government played a minor role in education. Then, over a 14-month period beginning in 1964, Congress planted the seeds for what would become the U.S. Department of Education (ED or the department). In July of that year, President Lyndon B. Johnson signed into law the Civil Rights Act of 1964, after Congress reached a consensus that the mistreatment of black Americans was no longer tolerable and merited a federal response. In the case of the Elementary and Secondary Education Act of 1965 (ESEA)2 and the Higher Education Act of 1965 (HEA),3 Congress sought to improve educational outcomes for disadvantaged students by providing additional compensatory funding for low-income children and lower-income college students. Spending on ESEA and the HEA—part of Johnson’s “War on Poverty”—grew exponentially in the years that followed. By Fiscal Year 2022, ESEA programs received $27.7 billion in appropriations, in addition to $190 billion that came — 321 — Department of Education through the pandemic’s Elementary and Secondary Schools Emergency Relief (ESSER) Funds,4 which relied on ESEA formulas. The same year, the department spent more than $2 billion just to administer Title IV of the HEA, which authorizes federal student loans and Pell grants. It provided $22.5 billion in Pell grants, and it oversaw outlays of close to $100 billion in direct student loans. Since 1965, Congress has continued to layer on dozens of new laws and pro- grams as federal “solutions” to myriad education problems. In 1973, it passed the Rehabilitation Act,5 and, in 1975, the Individuals with Disabilities Education Act (IDEA)6 to address educational neglect of students with disabilities. In 2002, it cre- ated the Institute for Education Sciences to consolidate education data collection and fund research. Congress has also enacted a series of Carl D. Perkins Career and Technical Education Acts, including Perkins V in 2018.7 Congress could have, and once did, distribute management of federal education programs outside of a single department. But for those interested in expanding federal funding and influence in education, this unconsolidated approach was less than ideal, because a single, captive agency would allow them to promote their agenda more effectively across Administrations. Eventually, the National Educa- tion Association made a deal and backed the right presidential candidate— Jimmy Carter—who successfully lobbied for and delivered the Cabinet-level agency. When it was established in 1979—becoming operational in 1980—the agency was supposed to act as a “corralling” mechanism. Carter signed the Department of Education Organization Act8 into law in 1979, believing in part that it would reduce administrative costs and improve efficiency by housing most of the federal education programs that had proliferated in the wake of Johnson’s War on Poverty under one roof. It has had the opposite effect. Instead, special interest groups like the National Education Association (NEA), American Federation of Teachers (AFT), and the higher education lobby have leveraged the agency to continuously expand federal expenditures—a desirable funding stream from their vantage point because federal budgets are not constrained like state and local budgets that must be balanced each year. By FY 2022, the department’s discretionary and mandatory appropriation topped $80 billion, not including student loan outlays. Each of its programs has attendant federal strings and red tape. One recent example is the Biden Administration’s requirement that state educa- tion agencies and school districts submit “equity” plans as a condition of receiving COVID recovery ESSER funds in the American Rescue Plan (ARP).9 This exercise led to the hiring of numerous new government employees as the rules were pro- mulgated, plans were created after collecting public feedback, and those plans were eventually deemed satisfactory. The next Administration will need a plan to redistribute the various congres- sionally approved federal education programs across the government, eliminate

Introduction

Moderate62.4%
Pages: 374-376

— 341 — Department of Education market prices and signals to influence educational borrowing, introducing consumer-driven accountability into higher education. Pell grants should retain their current voucher-like structure. If Congress is unwilling to reform federal student aid, then the next Adminis- tration should consider the following reforms: l Switch to fair-value accounting from FCRA accounting, and l Consolidate all federal loan programs into one new program that 1. Utilizes income-driven repayment, 2. Includes no interest rate subsidies or loan forgiveness, 3. Includes annual and aggregate limits on borrowing, and 4. Requires “skin in the game” from colleges to help hold them accountable for loan repayment. The Biden Administration has mercilessly pillaged the student loan portfolio for crass political purposes without regard to the needs of current taxpayers or future students. This must never happen again. l As detailed in Section III, the next Administration should work with Congress to spin off federal student aid into a new government corporation with professional governance and management. NEW POLICY PRIORITIES FOR 2025 AND BEYOND New Legislation That Should Be Prioritized For nearly 250 years, Congress has incorporated public and private institutions, including banks, the District of Columbia’s city government, and other organiza- tions that federal officials deem to be conducting operations in the public interest. Such charters offer a certain status to organizations, often viewed as a “seal of approval” according to one Congressional Research Service report, which can help these organizations in their fundraising and other advocacy efforts. When the nation’s largest teacher association, the National Education Associ- ation (NEA), cites its federal charter, it lends the NEA a level of significance and suggests an effectiveness that is not supported by evidence. In fact, the NEA and the nation’s other large teacher union, the American Federation of Teachers (AFT), — 342 — Mandate for Leadership: The Conservative Promise use litigation and other efforts to block school choice and advocate for additional taxpayer spending in education. They also lobbied to keep schools closed during the pandemic. All of these positions run contrary to robust research evidence showing positive outcomes for students from education choice policies; there is no conclusive evidence that more taxpayer spending on schools improves student outcomes; and evidence finds that keeping schools closed to in-person learning resulted in negative emotional and academic outcomes for students. Furthermore, the union promotes radical racial and gender ideologies in schools that parents oppose according to nationally representative surveys. l Congress should rescind the National Education Association’s congressional charter and remove the false impression that federal taxpayers support the political activities of this special interest group. This move would not be unprecedented, as Congress has rescinded the federal charters of other organizations over the past century. The NEA is a demonstrably radical special interest group that overwhelmingly supports left-of-center policies and policymakers. l Members should conduct hearings to determine how much federal taxpayer money the NEA has used for radical causes favoring a single political party. Parental Rights in Education and Safeguarding Students l Federal officials should protect educators and students in jurisdictions under federal control from racial discrimination by reinforcing the Civil Rights Act of 1964 and prohibiting compelled speech. Specifically, no teacher or student in Washington, D.C., public schools, Bureau of Indian Education schools, or Department of Defense schools should be compelled to believe, profess, or adhere to any idea, but especially ideas that violate state and federal civil rights laws. By its very design, critical race theory has an “applied” dimension, as its found- ers state in their essays that define the theory. Those who subscribe to the theory believe that racism (in this case, treating individuals differently based on race) is appropriate—necessary, even—making the theory more than merely an analyti- cal tool to describe race in public and private life. The theory disrupts America’s Founding ideals of freedom and opportunity. So, when critical race theory is used as part of school activities such as mandatory affinity groups, teacher training programs in which educators are required to confess their privilege, or school

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