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112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-404

======================================================================

 
  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

                                _______
                                

 February 27, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                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.

------------------------------------------------------------------------
        Majority members            Vote     Minority members     Vote
------------------------------------------------------------------------
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
------------------------------------------------------------------------

                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).
                              ----------                              


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''.
                              ----------                              


 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.
                              ----------                              


 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.
                              ----------                              


 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.