[House Report 112-404]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-404
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2117) TO PROHIBIT THE
DEPARTMENT OF EDUCATION FROM OVERREACHING INTO ACADEMIC AFFAIRS AND
PROGRAM ELIGIBILITY UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF 1965
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February 27, 2012.--Referred to the House Calendar and ordered to be
printed
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Ms. Foxx, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 563]
The Committee on Rules, having had under consideration
House Resolution 563, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2117, the
Protecting Academic Freedom in Higher Education Act, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Education and the
Workforce. The resolution waives all points of order against
consideration of the bill. The resolution provides that the
amendment in the nature of a substitute recommended by the
Committee on Education and the Workforce now printed in the
bill shall be considered as original text for the purpose of
amendment and shall be considered as read. The resolution
waives all points of order against the committee amendment in
the nature of a substitute. The resolution makes in order only
those amendments printed in this report. Each such amendment
may be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in this
report. Finally, the resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
Although the resolution waives all points of order against
consideration of H.R. 2117, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
the committee amendment in the nature of a substitute to H.R.
2117, the Committee is not aware of any points of order. The
waiver is prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 195
Motion by Mr. Hastings of Florida to report an open rule.
Defeated: 2-7.
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Majority members Vote Minority members Vote
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Ms. Foxx........................ Nay Ms. Slaughter..... Yea
Mr. Bishop of Utah.............. Nay Mr. Hastings of Yea
Florida.
Mr. Woodall..................... Nay
Mr. Nugent...................... Nay
Mr. Scott of South Carolina..... Nay
Mr. Webster..................... Nay
Mr. Dreier, Chairman............ Nay
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SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Grijalva, Raul (AZ): Would retain the requirement that
states have a process to hear and take appropriate action on
student complaints regarding institutions as part of the state
authorization. (10 minutes)
2. Foxx (NC): Would repeal a section of the credit hour
regulation impacting clock hour programs. (10 minutes)
3. Polis (CO): Would link state authorization regulations
to student outcomes. (10 minutes)
4. Bishop, Tim (NY): Would strike the prohibition on the
Secretary of Education from ever promulgating or enforcing any
regulation or rule defining the term ``credit hour.'' (10
minutes)
5. Polis (CO): Would require the Secretary to present a
plan to prevent waste, fraud and abuse to ensure effective use
of taxpayer dollars. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Grijalva of Arizona or
His Designee, Debatable for 10 Minutes
In subparagraph (A) of section 2(a)(1) of the bill as
reported--
(1) strike ``Sections 600.4(a)(3), 600.5(a)(4),
600.6(a)(3),'' and insert ``Except as provided in
paragraph (3), section''; and
(2) strike ``, and 668.43(b)''.
At the end of subsection (a) of section 2 of the bill as
reported, add the following:
(3) Preservation of student protection process.--The
repeal of section 600.9 of title 34, Code of Federal
Regulations, in paragraph (1)(A) shall not apply with
respect to the following provisions of such section:
(A) The first sentence of paragraph (a)(1)
through the term ``State laws''.
(B) Paragraph (a)(2).
(C) Paragraph (b).
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2. An Amendment To Be Offered by Representative Foxx of North Carolina
or Her Designee, Debatable for 10 Minutes
Page 5, line 13, strike ``subsection (k)(2)(ii)'' and insert
``clauses (i)(A), (ii), and (iii) of subsection (k)(2)''.
Page 5, line 24, insert ``of Education'' after ``Secretary''.
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3. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subsection (a) of section 2, add the following:
(3) State authorization regulations for certain
institutions.--
(A) Regulations required.--Notwithstanding
section 482(c) or section 492 of the Higher
Education Act of 1965 or the repeals under
paragraph (1)(A) of this section, not later
than 6 months after the date of enactment of
this Act, the Secretary of Education shall
issue regulations that apply the regulations
repealed under paragraph (1)(A) to any
institution of higher education that has--
(i) a graduation rate that is below
the national average for its sector, as
defined in the common education data
developed by the National Center for
Education Statistics;
(ii) a cohort default rate that is
higher than the national average for
its sector; or
(iii) a completion rate that is below
the national average for its sector, as
determined pursuant to section 668.8 of
title 34, Code of Federal Regulations.
(B) Rule of construction.--Notwithstanding
any other provision of law, nothing in
subparagraph (A) shall be construed as limiting
or otherwise affecting the applicability of
section 101(a)(2) of the Higher Education Act
of 1965.
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4. An Amendment To Be Offered by Representative Bishop of New York or
His Designee, Debatable for 10 Minutes
Strike subsection (b) of section 2 of the bill.
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5. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 3. EFFECTIVE AND EFFICIENT USE OF TAXPAYER DOLLARS AND PROTECTION
FROM POTENTIAL WASTE, FRAUD, AND ABUSE.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Education shall provide a proposal
to Congress on how the Secretary will, through the authority of
the Secretary to promulgate regulations related to
institutional eligibility for participation under title IV of
the Higher Education Act of 1965, prevent waste, fraud, and
abuse of Federal financial aid dollars by institutions of
higher education under such Act to ensure the effective and
efficient use of taxpayer dollars.