[Congressional Record Volume 147, Number 134 (Tuesday, October 9, 2001)]
[House]
[Pages H6455-H6456]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 1992, INTERNET 
                    EQUITY AND EDUCATION ACT OF 2001

  Mr. LINDER (during the Special Order of Mr. Tancredo), from the 
Committee on Rules, submitted a privileged report (Rept. No. 107-232) 
on the resolution (H. Res. 256) providing for consideration of the bill 
(H.R. 1992) to amend the Higher Education Act of 1965 to expand the 
opportunities for higher education via telecommunications, which was 
referred to the House Calendar and ordered to be printed.

Providing for Consideration of H.R. 1992, Internet Equity and Education 
                              Act of 2001


  October 9, 2001.--Referred to the House Calendar and ordered to be 
                                printed

       Mr. Linder, from the Committee on Rules submitted the 
     following report to accompany H. Res. 256.
       The Committee on Rules, having had under consideration 
     House Resolution 256, by a non-record 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. 1992, the 
     Internet Equity and Education Act of 2001, under a modified 
     closed rule. The rule provides one hour of general debate 
     equally divided and controlled by the chairman and ranking 
     minority member of the Committee on Education and the 
     Workforce. The rule provides that the amendment recommended 
     by the Committee on Education and the Workforce now printed 
     in the bill shall be considered as adopted. The rule waives 
     all points of order against consideration of the bill.
       The rule provides for consideration of an amendment in the 
     nature of a substitute printed in this report, if offered by 
     Representative Mink or a designee, which shall be considered 
     as read and shall be separately debatable for one hour 
     equally divided and controlled by the proponent and an 
     opponent. The rule waives all points of order against the 
     amendment in the nature of a substitute.
       Finally, the rule provides one motion to recommit with or 
     without instructions.


           summary of amendment made in order under the rule

         (summary derived from information provided by sponsor)

       Mink amendment in the nature of a substitute. Allows 
     institutions of higher education that meet a high standard of 
     financial responsibility by having default rates lower than 
     10% to be exempt from the 50% provisions which restrict the 
     number of courses offered through distance education and the 
     number of students who may enroll in distance education 
     courses.

[[Page H6456]]

             text of amendment made in order under the rule

       An amendment to be offered by Representative Mink of 
     Hawaii, or a Designee. Debatable for 60 minutes:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Internet Equity and 
     Education Act of 2001''.

     SEC. 2. EXCEPTION TO 50 PERCENT CORRESPONDENCE COURSE 
                   LIMITATIONS.

       (a) Definition of Institution of Higher Education for Title 
     IV Purposes.--Section 102(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1002(a)) is amended by adding at the end the 
     following new paragraph:
       ``(7) Exception to limitation based on course of study.--
     Courses offered via telecommunications (as defined in section 
     484(l)(4)) shall not be considered to be correspondence 
     courses for purposes of subparagraph (A) or (B) of paragraph 
     (3) for any institution that--
       ``(A) is participating in either or both of the loan 
     programs under part B or D of title IV on the date of 
     enactment of the Internet Equity and Education Act of 2001;
       ``(B) has a cohort default rate (as determined under 
     section 435(m)) for each of the 3 most recent fiscal years 
     for which data are available that is less than 10 percent; 
     and
       ``(C)(i) has notified the Secretary, in a form and manner 
     prescribed by the Secretary (including such information as 
     the Secretary may require to meet the requirements of clause 
     (ii)), of the election by such institution to qualify as an 
     institution of higher education by means of the provisions of 
     this paragraph; and
       ``(ii) the Secretary has not, within 90 days after such 
     notice, and the receipt of any information required under 
     clause (i), notified the institution that the election by 
     such institution would pose a significant risk to Federal 
     funds and the integrity of programs under title IV.''.
       (b) Definition of Eligible Student.--Section 484(l)(1) of 
     the Higher Education Act of 1965 (20 U.S.C. 1091(l)(1)) is 
     amended by adding at the end the following new subparagraph:
       ``(C) Exception to 50 percent limitation.--Notwithstanding 
     the 50 percent limitation in subparagraph (A), a student 
     enrolled in a course of instruction described in such 
     subparagraph shall not be considered to be enrolled in 
     correspondence courses if the student is enrolled in an 
     institution that--
       ``(i) is participating in either or both of the loan 
     programs under part B or D of title IV on the date of 
     enactment of the Internet Equity and Education Act of 2001;
       ``(ii) has a cohort default rate (as determined under 
     section 435(m)) for each of the 3 most recent fiscal years 
     for which data are available that is less than 10 percent; 
     and
       ``(iii)(I) has notified the Secretary, in form and manner 
     prescribed by the Secretary (including such information as 
     the Secretary may require to meet the requirements of 
     subclause (II)), of the election by such institution to 
     qualify its students as eligible students by means of the 
     provisions of this subparagraph; and
       ``(II) the Secretary has not, within 90 days after such 
     notice, and the receipt of any information required under 
     subclause (I), notified the institution that the election by 
     such institution would pose a significant risk to Federal 
     funds and the integrity of programs under title IV.''.

     SEC. 3. EVALUATION AND REPORT.

       (a) Information from Institutions.--
       (1) Institutions covered by requirement.--The requirements 
     of paragraph (2) apply to any institution of higher education 
     that--
       (A) has notified the Secretary of Education of an election 
     to qualify for the exception to limitation based on course of 
     study in section 102(a)(7) of the Higher Education Act of 
     1965 (20 U.S.C. 1002(a)(7)) or the exception to the 50 
     percent limitation in section 484(l)(1)(C) of such Act (20 
     U.S.C. 1091(l)(1)(C));
       (B) has notified the Secretary under section 481(a)(3) of 
     such Act (20 U.S.C. 1088(a)(3)); or
       (C) contracts with outside parties for--
       (i) the delivery of distance education programs;
       (ii) the delivery of programs offered in nontraditional 
     formats; or
       (iii) the purpose of securing the enrollment of students.
       (2) Requirements.--Any institution of higher education to 
     which this paragraph applies shall comply, on a timely basis, 
     with the Secretary of Education's reasonable requests for 
     information on changes in--
       (A) the amount or method of instruction offered;
       (B) the types of programs or courses offered;
       (C) enrollment by type of program or course;
       (D) the amount and types of grant, loan, or work assistance 
     provided under title IV of the Higher Education Act of 1965 
     that is received by students enrolled in programs conducted 
     in nontraditional formats; and
       (E) outcomes for students enrolled in such courses or 
     programs.
       (b) Report by Secretary Required.--The Secretary of 
     Education shall conduct by grant or contract a study of, and 
     by March 31, 2003, submit to the Congress, a report on--
       (1) the effect that the amendments made by this Act have 
     had on--
       (A) the ability of institutions of higher education to 
     provide distance learning opportunities to students; and
       (B) program integrity;
       (2) with respect to distance education or correspondence 
     education courses at institutions of higher education to 
     which the information requirements of subsection (a)(2) 
     apply, changes from year-to-year in--
       (A) the amount or method of instruction offered and the 
     types of programs or courses offered;
       (B) the number and type of students enrolled in distance 
     education or correspondence education courses;
       (C) the amount of student aid provided to such students, in 
     total and as a percentage of the institution's revenue; and
       (D) outcomes for students enrolled in distance education or 
     correspondence education courses, including graduation rates, 
     job placement rates, and loan delinquencies and defaults;
       (3) any reported and verified claim of inducement to 
     participate in the student financial aid programs and any 
     violation of the Higher Education Act of 1965, including any 
     actions taken by the Department of Education against the 
     violator; and
       (4) any further improvements that should be made to the 
     provisions amended by this Act (and related provisions), in 
     order to accommodate nontraditional educational opportunities 
     in the Federal student assistance programs while ensuring the 
     integrity of those programs.

     SEC. 4. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.

       Section 420J of the Higher Education Act of 1965 (20 U.S.C. 
     1070f-6) is amended by adding at the end the following new 
     sentence: ``If for any fiscal year funds are not appropriated 
     pursuant to this section, funds available under part B of 
     title VII, relating to the Fund for the Improvement of 
     Postsecondary Education, may be made available for 
     continuation grants for any grant recipient under this 
     subpart.''.

     SEC. 5. IMPLEMENTATION.

       (a) No Delay in Effective Date.--Section 482(c) of the 
     Higher Education Act of 1965 (20 U.S.C. 1089(c)) shall not 
     apply to the amendments made by this Act.
       (b) Implementing Regulations.--Section 492 of the Higher 
     Education Act of 1965 (20 U.S.C. 1098a) shall not apply to 
     the amendments made by section 2 of this Act.

                              H. Res. 256

       Resolved, That upon the adoption of this resolution it 
     shall be in order without intervention of any point of order 
     to consider in the House the bill (H.R. 1992) to amend the 
     Higher Education Act of 1965 to expand the opportunities for 
     higher education via telecommunications. The bill shall be 
     considered as read for amendment. The amendment recommended 
     by the Committee on Education and the Workforce now printed 
     in the bill shall be considered as adopted. The previous 
     question shall be considered as ordered on the bill, as 
     amended, and on any further amendment thereto to final 
     passage without intervening motion except: (1) one hour of 
     debate on the bill, as amended, equally divided and 
     controlled by the chairman and ranking minority member of the 
     Committee on Education and the Workforce; (2) the further 
     amendment printed in the report of the Committee on Rules 
     accompanying this resolution, if offered by Representative 
     Mink of Hawaii or her designee, which shall be in order 
     without intervention of any point of order, shall be 
     considered as read, and shall be separately debatable for one 
     hour equally divided and controlled by the proponent and an 
     opponent; and (3) one motion to recommit with or without 
     instructions.

                          ____________________