The AAUP's government relations program tracks legislation that is relevant to our mission at both the federal and state levels. We build relationships with policymakers, their staffs, and other higher education organizations to inform and influence policy discussions by offering our expertise as a resource. We also communicate legislative information to members and encourage them to become active in the issues affecting higher education in general and faculty in particular. The following are some of the issues we have been working on.
Click on the link above to see the AAUP's current legislative priorities regarding employee rights, research, student access, and more.
Read this issue to learn more about federal and state legislation, the White House's proposed budget, and more.
All the tools you need to advocate for higher education will be accessible in one place and at any time. Find tips on building relationships with policymakers, networking to create coalitions, the importance of messaging, and more.
Employee Free Choice Act re-introduced in Congress
The Employee Free Choice Act, also commonly referred to as "card-check" or "majority sign-up" legislation, was reintroduced in the House and Senate on March 10. The bill, which would allow employees to unionize by signing petition cards rather than only by secret ballot, has been the subject of a huge battle between organized labor and business interest groups. The AAUP strongly supports the bill and is working with other groups to support passage of the legislation.
Fair Pay legislation signed into law
On January 9, the House passed two bills (HR 11 and HR 12) adressing fair pay, in response to what many view as an unfair Supreme Court decision in the Ledbetter v. Goodyear case. The Court had ruled that Ledbetter had to allege pay discrimination within 180 of her salary being set in order to be able to initiate a lawsuit. The pending legislation changes the terms of the statute of limitations for challenging wage discrimination. The new legislation would allow for challenges within 180 days of the most recent unfair paycheck, rather than the first one an employee receives. The Senate version of the legislation, S 181, did not incorporate all provisions of the 2 House bills that were passed. For example, a provision that would allow employees to sue for punitive damages was stripped. However, broader legislation addressing this and guarding against employer retaliation may be taken up later in the session. President Obama signed the bill into law on January 29, the first bill signed in the new Administration.
House moves toward greater transparency of government
On January 7, the House overturned an executive order from President Bush. The bill would allow sitting presidents to ignore the Bush order that required honoring predecessors’ requests to use executive privilege in withholding documents. The legislation, HR 35, also makes it clear that the vice president is not granted executive privilege.
Meet the new cabinet officials
Secretary of Education: Arne Duncan
Secretary of Labor: Hilda Solis
Attorney General: Eric Holder Jr.
AAUP Endorsements of Issues of Concern
The AAUP has recently endorsed several multi-organization letters addressing issues of concern to the academic community.
Whistleblower Protection Enhancement Act
Follow-up re: Whistleblowers Protection Enhancement Act
Aid Elimination Penalty
Classified materials
Border searches of electronic materials
Follow-up re: border searches
Age Discrimination in Employment Act (ADEA)
Free Speech Protection Act
Transparency in the financial bailout bill
Ideological exclusions
Follow-up letter re: ideological exclusions
Reauthorization of the Higher Education Act, after multiple temporary extensions, was finally completed last year. The House passed its version in February 2008 (the Senate passed its version, S. 1642 (.pdf) in summer of 2007). The final bill emerged from conference the last week of July 2008 and was signed by the president. Originally, the bill was anticipated to be finished by the Memorial Day recess. However, news of Senator Kennedy's health condition significantly delayed completion. In addition to our overview, bill analysis is available from Inside Higher Ed., The Washington Post, and the American Council on Education.
Border Searches of Electronic Materials
The AAUP sent a mailing to all members and other faculty on October 14, 2008, detailing its concerns over Department of Homeland Security policies re: searching the materials of travelers at the border. Whereas internal regulations once required reasonable suspicion, these policies have been relaxed in recent year so that no justification need be given for an intrusive search into laptops, cell phones, and other devices. Furthermore, electronic materials may be copied, kept, and disseminated to other agencies and entities if CBP deems it necessary. The AAUP believes that stricter standards for reasonable suspicion must be applied and upheld, and that more information should be given to the public about safeguards to protect their information.
Foreign Scholars' Visa Troubles Being Examined in Congress
The exclusions of foreign scholars and students is the focus of a new series of hearings in the House Committee on Science & Technology. Representative Brian Baird held a hearing on February 7 to examine the issue and the impact of these exclusions on the U.S. higher education community and on the global scholarly community. The AAUP, which has been very active in casework pertaining to this issue, submitted a joint comment with the ACLU to the Committee.
Free Exchange on Campus Coalition
The AAUP participates in the anti-"Academic Bills of Rights," pro-free speech Free Exchange on Campus Coalition. Together with our partners, we have helped defeat legislation based on ABOR; no such legislation has been passed in any state to date. To learn more about the coalition, read the statement of principles or look at our new brochure. For specific organizing efforts on your campus (or ideas on how to get started!), look through the Campus Voices organizing toolkit. To take a stand against "Intellectual Diversity" legislation before it comes to your campus, consider passing a Faculty Senate Resolution.
Aid Elimination Penalty
The AAUP offered comments at a Congressional briefing on November 1, 2007, regarding the possible repeal of the Aid Elimination Penalty in the Higher Education Act. The penalty punishes students convicted of drug-related crimes by revoking their eligibility for federal financial aid. The AAUP believes that this is a mistaken approach for several reasons. First, educational attainment is strongly correlated with lower crime rates and less need for public assistance, making clear the societal benefits of helping students earn their degrees, rather than holding them back from finishing college. Second, those convicted have already been punished by the judicial system, so revoking aid is above and beyond what the courts have seen as fitting sentences. Third, those most likely to be convicted are the same students most likely to have to drop out of school if their financial aid is revoked, encouraging social stratification. Read the complete comments offered at the briefing. (.pdf)