[Congressional Record (Bound Edition), Volume 154 (2008), Part 13]
[House]
[Pages 17429-17436]
[From the U.S. Government Publishing Office, www.gpo.gov]




 PROVIDING FOR CONSIDERATION OF CONFERENCE REPORT ON H.R. 4137, HIGHER 
                       EDUCATION OPPORTUNITY ACT

  Ms. MATSUI. Mr. Speaker, by direction of the Committee on Rules, I 
call up House Resolution 1389 and ask for its immediate consideration.
  The Clerk read the resolution, as follows:

                              H. Res. 1389

       Resolved, That upon adoption of this resolution it shall be 
     in order to consider the conference report to accompany the 
     bill (H.R. 4137) to amend and extend the Higher Education Act 
     of 1965, and for other purposes. All points of order against 
     the conference report and against its consideration are 
     waived. The conference report shall be considered as read.

  The SPEAKER pro tempore. The gentlewoman from California is 
recognized for 1 hour.
  Ms. MATSUI. Mr. Speaker, for the purpose of debate only, I yield the 
customary 30 minutes to the gentleman from Florida, my friend, Mr. 
Diaz-Balart. All time yielded during consideration of the rule is for 
debate only. I yield myself such time as I may consume.
  I also ask unanimous consent that all Members be given 5 legislative 
days in which to revise and extend their remarks on House Resolution 
1389.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. MATSUI. Mr. Speaker, House Resolution 1389 provides for 
consideration of the conference report on H.R. 4137, the Higher 
Education Opportunity Act. The rule, which is a traditional conference 
report rule, waives all points of order against the conference report 
and against its consideration, and provides that the conference report 
shall be considered as read.
  It should be noted that despite the blanket waiver, the conference 
report does not violate either clause 9 or 10 of rule XXI. The 
conference report fully complies with the earmark and PAYGO rules of 
the House.
  Mr. Speaker, I want to congratulate Chairman Miller on his dedication 
to bringing this bill before us. I also want to thank Ranking Member 
McKeon and the rest of the Education and Labor Committee for their work 
on this bill. I also want to acknowledge Senator Kennedy for his hard 
work and constant commitment to this important issue.
  It has been 10 years since the Higher Education Act was authorized, 
and with this conference agreement Congress will continue the vision of 
Lyndon Johnson's great society where college is accessible and 
affordable to every American.
  As our Nation continues to experience economic uncertainty, it is 
imperative that we make a college education more affordable. The 
unfortunate reality is that skyrocketing costs are putting a college 
education out of the reach for many middle-class families.
  According to a recent College Board report, over the last 5 years 
tuition and fees at 4-year public institutions have increased 31 
percent after inflation. At private universities, tuition has increased 
17 percent.
  In addition to rising tuition, students and their families face a 
cumbersome Federal student aid application process that is overly 
complex and difficult to manage. Mr. Speaker, the Higher Education 
Opportunity Act will resolve many of these issues, thereby continuing 
this Congress' efforts to make college more affordable and accessible.
  Nearly one year ago, the President signed into law landmark changes 
to lender subsidies and student aid, followed shortly after by a law to 
ensure access to loans and increase loan limits. And now, we are 
reauthorizing legislation that will, for the first time in 10 years, 
reform our higher education system so that it operates in the best 
interest of students and families.
  Specifically, the bill will require colleges to report reasons for 
any tuition hikes, and plans for lowering student costs. H.R. 4137 will 
reform and simplify the student loan system by requiring institutions 
and lenders to adopt strict codes of conduct, many of which were 
included in the Sunshine Act which passed the House last year.
  In an effort to be consumer friendly and provide full disclosure of 
all options available for each student, the bill requires the Secretary 
to develop a Web-based calculator to allow families to compare the 
costs of different colleges. And it also requires lenders to provide 
students with complete disclosure of the borrowing options, giving them 
30 days after the approval of loans to find better deals.
  Equally important, the bill provides for an increase in Pell Grant 
funding from $5,800 to $8,000. This will give more of our youth the 
opportunity to attend a university. The bill will also expand college 
access and support for low-income and minority students by allowing 
students to receive Pell Grant scholarship aid year around.
  H.R. 4137 will also expand college opportunities for disabled 
citizens by expanding eligibility for Pell Grant scholarships and 
establishing a national center to provide support services.
  During times of war, it is extremely important to ensure that our 
military families and returning veterans have the support services they 
deserve. This bill will increase college aid and support for veterans 
and military families, create a new scholarship program for active duty 
military personnel and their family members, and ensure fairness in 
student and housing aid for veterans.
  The bill also encourages students who graduate from college to enter 
into public service in high-need areas by granting loan forgiveness. It 
also provides up to $2,000 a year for 5 years for nurses, teachers, 
mental health professionals, and other low-paying but crucial 
professionals. I know this loan assistance and forgiveness will help my 
home of State of California that is suffering from a lack of nurses, 
teachers, and other vital support professionals who protect and assist 
our children and most reliant Americans.
  Simply put, this conference report will not only advance the 
opportunity for every American to go to college,

[[Page 17430]]

but will also put us on track toward creating a better America.
  As Lyndon Johnson said, ``We must open the doors of opportunity, but 
we must also equip our people to walk through those doors.'' Our 
Constitution creates those doors of opportunity, and today this bill 
will equip our constituents to walk through those doors.
  I want to thank once again Chairman Miller and Ranking Member McKeon 
for coming together on this important legislation. I stand strongly in 
support of the Higher Education Opportunity Act. This is long overdue, 
and I encourage all of my colleagues to support the rule and the 
underlying legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I would like to 
thank my good friend the gentlewoman from California (Ms. Matsui) for 
the time, and I yield myself such time as I may consume.
  Increasing the affordability, accessibility, and reliability of our 
Nation's institutions of higher education is critical to our economic 
growth and the role of the United States in the global economy. Now 
more than ever we need to reassure our Nation's youth that we are 
willing to invest in their future. I believe that we must do all we can 
to make education more affordable so that more Americans can achieve 
the dream of graduating from college.
  This year alone, over $90 billion in Federal financial aid is 
available to students. However, with tuition costs on the rise, 
students and their families continue to face really the question of how 
to pay for a college education.
  This legislation, the Higher Education Opportunity Act, is a 
bipartisan effort that reauthorizes the Higher Education Act for 5 
years and reforms America's higher education system, expanding college 
access.
  Seeking to address the college cost dilemma, the conference report 
puts in place college affordability comparison tools that put college 
costs information in the hands of consumers. Students will be able to 
search, sort, and compare key cost indicators for every college in the 
country. I believe we must do everything possible to enhance our 
students' ability to obtain student loans and obtain the aid necessary 
to complete their college education.
  This bill helps to do that by simplifying the financial aid 
application process, abbreviating the free Application for Federal 
Student Aid form, and making financial aid information available to 
students earlier in the college planning process.
  I am especially pleased that the conference report will strengthen 
our Nation's Pell Grants programs by increasing the maximum authorized 
Pell Grant amount to $8,000, and by giving students access to Pell 
Grants year round, a measure that will undoubtedly help many students.
  I think we as a nation have the responsibility to support those in 
every way possible who have served this country in the Armed Forces. 
That is why I am pleased that this legislation includes measures to 
specifically meet the unique needs of student soldiers.

                              {time}  1130

  I am also pleased that the conference report expands opportunities 
for minority students by providing increased funding for graduate 
student programs, by reauthorizing programs such as GEAR UP and TRIO. 
These programs serve our Nation's most under-represented groups and 
provide the necessary guidance, support and awareness to provide 
minority students the tools needed to succeed.
  This conference report is a testament to the fact that Congress can 
work in a bipartisan manner to produce quality legislation. Since the 
Education Committee began working on the Higher Education 
Reauthorization legislation, both sides of the aisle have worked 
together to bridge their concerns and worked together to give students 
a quality education.
  I think it is appropriate to thank both the chairman, Mr. Miller, and 
the ranking member, Mr. McKeon for their work on this important 
legislation.
  I know that the ranking member of the Higher Education Subcommittee, 
Mr. Keller, has done admirable work on this legislation, and I thank 
him as well, in addition to the subcommittee chairman.
  I also wish to note the conference report has come to the floor for 
final approval through the normal legislative and conference process, 
allowing Members from both the minority and the majority to debate and 
consider the issues of contention in the legislation.
  Unfortunately, the majority, Mr. Speaker, in the 110th Congress, has 
often used a procedure known as amendments between the two Houses to 
avoid conference and subvert the rights of the minority. So I am 
pleased that, in this instance, they have decided to use the regular 
order, the normal conference procedure, and I would urge them to use 
the conference procedure as well in the future. So while it is unique, 
what they have done with this legislation, it is commendable.
  I reserve the balance of our time.
  Ms. MATSUI. Mr. Speaker, I yield 4 minutes to the gentleman from 
Pennsylvania, my friend, Mr. Fattah.
  Mr. FATTAH. Mr. Speaker, it is not so much the next election that 
will determine our Nation's future. It is the next generation. And this 
bill focuses on the needs of growing leadership in our country through 
providing a higher education to our citizens.
  I want to commend Chairman Miller and the chairman on the Senate 
side, Senator Kennedy, and on the Republican side, my good friend, Buck 
McKeon and Mark Souder, and the ranking Republican on the Subcommittee 
on Higher Education, Mr. Keller. They have done a magnificent job 
putting together a bill that addresses a whole range of issues that are 
supported in the higher education and broader business community in our 
country. It represents the real needs of moving our kids on to college.
  I think cutting the FAFSA form from seven pages down to two, 
increasing the Pell Grant from $4,800 this year to $6,000 in 2009, up 
to $8,000 in 2014, in terms of authorization, are very important parts 
of this reauthorization.
  But in 1998, when the reauthorization of Higher Ed was signed into 
law by President Clinton, we established the GEAR UP program. Now, I am 
credited with being the architect of that program, but the truth is all 
of us worked together. It was a bipartisan effort, and the House and 
Senate, Senator Specter and Senator Kennedy, all of us working 
together.
  Now some 2 million young people have been served over the last 10 
years. 85 percent of them have graduated from high school, from the 
toughest schools in our country, and in the most difficult 
circumstances.
  Featured on the front page of Philadelphia's newspaper is a young 
man, Nicholas Shanks, who, unfortunately, spent years in a homeless 
shelter, but has graduated at the head of his class, 3.9 average. He is 
a GEAR UP student, and there are millions of them across country who 
have done so well.
  This is the most successful college awareness program in the 
country's history. It is reauthorized in this legislation. It is 
expanded. The appropriation or the authorizing level is doubled.
  And I just want to thank the members of the conference committee for 
its support of GEAR UP. It has proven its worth in some 48 States and 
in all of our territories, in Guam and Puerto Rico, in terms of 
developing young people who are economically disadvantaged but 
academically have every ability to succeed. And we see that in the 
college-going rates, which exceed the national average for all students 
and exceed the high school graduation rates for all students.
  So it is a great program, even if I am the author of it, and I want 
to thank the conferees for including it, expanding it, and having it 
reach more and more young people in important ways through 
reauthorization.

                  [From the philly.com, July 26, 2008]

                   Formerly Homeless Teen Role Model

                          (By Ashwin Verghese)

       Standing in a room full of homeless teenagers yesterday, 
     Nicholas Shanks was hopeful that he could be a role model.
       ``I really do hope I can help them some way, by setting an 
     example,'' said Shanks, a friendly, soft-spoken 18-year-old 
     who overcame homelessness in his high school years to become 
     his class valedictorian.

[[Page 17431]]

       Shanks, who graduated from Martin Luther King High School 
     this year with a 3.91 GPA, was at work yesterday as a 
     counselor at the Traveler's Aid Society's summer program, a 
     camp for teens who have experienced homelessness. ``It sounds 
     like some of them really do appreciate what I've done,'' 
     Shanks said of the 45 children in the program at the 
     Kirkbride Center at 49th and Arch Streets in West 
     Philadelphia.
       What he has done has brought him national and local media 
     attention in recent days. Just yesterday he was featured in a 
     segment on Good Morning America.
       Two days ago, Shanks got the best news of all: Foundation 
     Inc., the nonprofit that manages King High, offered to 
     bankroll his college tuition.
       ``It was a relief,'' he said of the money. ``I really never 
     expected to see that happen so fast.''
       For his mother, Sherri Newton, the news was the answer to 
     her prayers.
       ``I've been praying for this for the longest time,'' she 
     said recalling how she dropped to her knees in thanks when 
     Nicholas told her. ``God is so good,'' she added. ``Thank 
     everybody that's going to be helping Nicholas.''
       Shanks plans to matriculate this fall at the Art Institute 
     of Philadelphia, where he wants to major in animation and 
     media arts. He hopes to become a video game designer.
       Art was an escape for Shanks years ago when he was living 
     in a crowded homeless shelter. He was 14 when his family 
     could no longer afford the rent on its Northeast Philadelphia 
     apartment. The family was forced to take refuge at the Mount 
     Airy Stenton Family Manor in Germantown, said Newton.
       For two years, Shanks, Newton and Newton's mother shared a 
     cramped gymnasium with about 30 other families, Newton said. 
     Drawing--``creating worlds,'' as Shanks put it--allowed him 
     to escape the tiny confines.
       ``When I was in the shelter, it was boring a lot of 
     times,'' Shanks said. ``I had a CD player, paper and a 
     pencil, and that got me through most of the months.''
       Shanks and Newton now live in transitional housing in 
     Kensington. But the family still faces problems. The lease is 
     up in October, and the family does not have a new place lined 
     up yet.
       Newton, who battled drug addiction and unemployment for 
     years, said she has been clean for 17 months. She was 
     recently laid off as a teaching assistant and is looking for 
     employment.
       ``It's scary,'' Newton said. ``I just want to know where 
     we're going to move.''
       Her son is relying on the optimism that saw him through 
     tough times before.
       Shanks said he does not often think about his days in the 
     shelter unless he is around people with a similar history.
       ``I would not necessarily say I'm reliving my past,'' he 
     said, ``but if I ran into a situation where I hear something 
     about a similar past, I might be like, `Yeah, I know how 
     that's like.' ''
       Steven Golden, another teen in the summer program, has a 
     very similar past. He's known Shanks for three years. The two 
     are the same age, but, because of academic troubles, Golden 
     is a year behind in school.
       Seeing Shanks has motivated Golden to commit to his 
     studies.
       ``He's showed me I need to do this to succeed,'' said 
     Golden, a senior at Fitzsimons High School in North 
     Philadelphia. ``Seeing where he's at now, from where we both 
     were, he has inspired me.''
       Mel Monk, director of the summer program, said that once 
     teens become homeless, ``education is the first thing that 
     takes a nosedive.'' The teens deal with embarrassment, he 
     said. Sometimes losing their home means they have to travel 
     across the city to get to school.
       Shanks was able to persevere, Monk said, because of his 
     internal drive and the support of the people around him, 
     including his mother and teachers.
       ``They've got to have a person in their life telling them 
     they can do it,'' he added.
       Monk hopes Shanks can show the younger children that they 
     can get into college, too.
       ``Nicholas is a model example,'' he said. ``He's been 
     through a lot, but he's maintained.''
       Spasoje Jovanovic, 17, a former camper and now the 
     administrative assistant at the program, which is teaching 
     the teens about marine biology, said Shanks is an inspiration 
     to the others.
       ``He's proof that it's possible,'' said Jovanovic, who is 
     enrolled at the Community College of Philadelphia for the 
     fall.
       Shanice Johnson, 15, has lived in four different homes with 
     her family this year alone. She expects to be in yet another 
     in a few months, she said.
       Nonetheless, Johnson has been able to keep a 3.6 GPA. She 
     said Shanks' story gives her courage to keep working hard at 
     school through all of the tumult at home.
       ``He was in transitional housing, I was in transitional 
     housing,'' said Johnson, who wants to become a surgeon. 
     ``He's someone I look up to.''

  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, it is my privilege 
to yield so much time as he will consume to the ranking member of the 
Subcommittee on Higher Education, who has done tremendous work in this 
legislation, Mr. Keller.
  Mr. KELLER of Florida. Mr. Speaker, I thank my friend from Florida, 
Mr. Diaz-Balart, for yielding time.
  Mr. Speaker, as the ranking member on the House Higher Education 
Subcommittee, and a member of the conference committee, I rise today in 
strong support of this bipartisan Higher Education Opportunity Act, 
which is the first reauthorization of the Higher Education Act in 10 
years.
  I also appreciate the regular order we have followed with respect to 
the rule on this bill.
  I support this important legislation for three key reasons. First, it 
allows year-round Pell Grants for students who wish to complete their 
education more quickly.
  Second, it reduces burdensome red tape on students and families by 
providing a much shorter, simpler application for Federal student 
financial aid.
  And third, it includes my legislation to curb wasteful spending by 
closing a loophole that had allowed convicted child predators to 
receive Federal financial aid to take college courses.
  I am going to limit my remarks this morning to the wasteful spending 
issue. It is a national embarrassment that we are wasting taxpayer 
dollars for child molesters and rapists to take college courses, while 
hardworking young people from lower and middle income families are 
flipping hamburgers to pay for college.
  I have been working to close this loophole for years. And today, the 
most insane, wasteful spending program in America comes to an end. This 
legislation ensures that taxpayer money for Pell Grants will go to low 
and middle income students, not dangerous sexual predators.
  Let me give you a real life example. James Sturtz is one of the most 
violent sexual predators in America, and he is currently locked up in a 
Wisconsin facility. He was convicted and sent to prison for raping a 4-
year-old girl. After being released from prison, he raped a woman at 
knife-point, and was sent to prison a second time. After being 
released, he met a college student waiting for a bus, persuaded her to 
get in his car and then raped her at knife-point. He was then sent back 
to prison for a third time, and after his sentence ended in 2006, he 
was locked up in a civil confinement center to be held there 
indefinitely.
  Sturtz and several other locked up sexual predators decided to 
exploit the civil confinement loophole and obtain thousands of dollars 
in Federal Pell Grants to take college courses, like algebra, through 
the mail. Then, Sturtz and two-thirds of the other inmates dropped 
their classes and used our taxpayer money to buy blue jeans, music CDs, 
movie DVDs, radios, television sets and DVD players.
  Of course, even if they hadn't dropped their classes, there is zero 
evidence that violent sexual predators who take algebra and calculus 
classes have lower recidivism rates.
  Well, how could this loophole happen in the first place?
  Prison inmates have been ineligible for Pell Grants since 1994. In 20 
States, including Florida and Wisconsin, they wisely hold the most 
violent repeated sexual predators indefinitely in civil confinement 
centers after they serve their regular prison sentence because they are 
likely to repeat their crimes if released back into society.
  For example, in my home State of Florida, 54 violent sexual predators 
obtained over $200,000 in Pell Grants at taxpayer expense in 1 year 
alone. Similar expenditures in the other 20 States with civil 
confinement means millions of dollars being wasted, until now.
  This was a team effort. I would like to especially thank ranking 
member Buck McKeon, Chairman George Miller, as well as the other 
members of the conference committee and our hardworking professional 
staff members for working in a bipartisan spirit to include this 
provision and so many other worthy provisions in this legislation.
  I urge my colleagues on both sides of the aisle to reauthorize the 
Higher Education Act and vote yes on H.R. 4137.
  Ms. MATSUI. Mr. Speaker, I yield 3 minutes to the gentlewoman from

[[Page 17432]]

Ohio, a fellow member of the Rules Committee, Ms. Sutton.
  Ms. SUTTON. Mr. Speaker, I thank the gentlewoman for yielding and for 
her leadership on this issue.
  I rise in support of House Resolution 1389 and the underlying bill, 
the College Opportunity and Affordability Act.
  Our Nation is blessed to have the finest system of higher education 
in the world, and I am proud that my district is the home of the 
University of Akron and the Lorain County Community College. UA boasts 
one of the top science and engineering programs in the Nation, and 
Lorain County Community College is a leader in education and 
entrepreneurial and economic development across northeast Ohio.
  Mr. Speaker, the Higher Education Act was first signed into law in 
1965 to help students from low income families afford a college 
education. Unfortunately, in the 10 years since the Higher Education 
Act was last reauthorized, the dream of a college degree has moved 
further out of reach for far too many of our Nation's students.
  Overall, the United States is third out of 30 industrialized nations 
in postsecondary degree attainment, but only ninth out of 30 when 
looking at younger workers. This is an ominous trend that we must act 
swiftly to address.
  With the cost of tuition and textbooks skyrocketing, we have taken 
action to make college for affordable. Last year we passed legislation 
that increased college financial aid by $18 billion and cut student 
interest loan rates.
  With this bill today, we are raising the bar even higher in fighting 
for access to higher education by increasing the maximum Pell Grant 
level from $5,800 per year to $8,000 by 2014.
  This bill also provides for improved teacher training and development 
programs. It provides loan forgiveness for students who choose public 
sector careers, and creates a new scholarship program for active duty 
military personnel and their families.
  Mr. Speaker, from coast to coast, and throughout the heartland, this 
great Nation is filled with bright and enthusiastic students seeking to 
take advantage of any opportunity we can give them for a more 
prosperous future. This bill makes critical investments in our students 
to strengthen our workforce for the future of our country.
  I urge my colleagues to vote ``yes'' on the College Opportunity and 
Affordability Act.
  I thank Chairman Miller for his diligent work in making this happen.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, it is my pleasure to 
yield 3 minutes to my good friend and classmate, the gentleman from 
Michigan (Mr. Knollenberg).
  Mr. KNOLLENBERG. Mr. Speaker, I do want to thank the gentleman for 
yielding to me this morning. I also wanted to, in fact, thank Chairman 
Miller and Ranking Member McKeon for working together to bring a bill 
to the floor that makes certain that every student in the Nation has 
access and receives the highest quality college education.
  Currently, college tuition, no surprise to most of us, continues to 
rise at a rate that prevents individuals from even attending college. 
Over the past 5 years, the cost of obtaining a college education has 
increased by 34 percent. The expense is staggering, but the financial 
burden of college should not prevent individuals from seeking and 
receiving an advanced education.
  Furthermore, to remain an economic leader, America must ensure that 
we are leaders in the fields of math, science, engineering and health 
care. America has always been a leader in technology and innovation, 
and must continue to put a renewed focus on this type of education. Our 
kids must learn the skills necessary to compete for the high tech, high 
paying jobs of the future.
  And that is why I am so pleased that this bill, the Henry Ford 
Scholarship Program Act, has been incorporated into the higher 
education bill. This program establishes scholarships for high 
achieving students who pursue undergraduate degrees in mathematics, in 
science, in engineering and health-related activities. These are the 
areas that will be critical for our future economic success. And I am 
pleased to stand here today knowing that the children of America have 
an extraordinary opportunity now to lead the world in these highly 
skilled fields.
  In my home State of Michigan, for example, this is as important as 
anywhere as we work to transition to a new, high tech, cutting edge 
economy.
  And once again, Mr. Speaker, I want to thank my colleagues on both 
sides of the aisle for coming together to benefit the students of this 
Nation. And I am personally very proud of this scholarship, one that I 
believe in strongly, and that I fought hard for to move it toward 
becoming law and helping our students succeed.

                              {time}  1145

  Ms. MATSUI. Mr. Speaker, I'm privileged to yield 2 minutes to my 
friend, the gentleman from New Jersey (Mr. Pascrell).
  Mr. PASCRELL. I rise today in strong support for the rule for the 
conference report on the Higher Education Opportunity Act, and I thank 
Chairwoman Slaughter and Congresswoman Matsui for bringing this rule to 
the floor. I want to offer my sincere congratulations to Chairman 
Miller and Ranking Member McKeon on this great achievement.
  H.R. 4137 is a comprehensive bipartisan bill that will reauthorize 
the Higher Education Act while addressing concerns about the cost of 
education, restoring integrity and accountability to student loan 
programs, and expanding college access and support for low-income and 
minority students.
  I greatly appreciate that H.R. 4137 includes a version of legislation 
which we've worked and I've worked on for about 6 years, the Campus 
Fire Safety Right To Know Act. I became involved in this issue of 
campus fire safety after experiencing the horrible aftermath of a 
catastrophic fire at Seton Hall University in South Orange, New Jersey, 
in 2000. That fire killed three young freshman and wounded 58 other 
students in a dorm on campus.
  The campus fire safety reporting requirement in H.R. 4137 mandates 
that colleges and universities provide prospective and current students 
and parents with a report on the school's campus safety policies and 
records.
  Educating students about fire safety during their time in school will 
have a strong impact on the choices they make in the future. If we can 
influence what they learn, we can create a more fire-safe generation 
for tomorrow and potentially save thousands of lives.
  Mr. Speaker, I want to once again state my strong support for the 
rule and urge my colleagues to support H.R. 4131. As the first member 
of my family to attend college, I applaud the chairman and the ranking 
member for their dedication to making the dream of a college education 
a reality for so many Americans who otherwise would not have had that 
chance.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I reserve the 
balance of my time.
  Ms. MATSUI. Mr. Speaker, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentlelady's courtesy 
in permitting me to speak in favor of this rule and the underlying 
bill.
  It's exciting to see this landmark reauthorization come forward, and 
particularly given the range of advantages that are going to be given 
to young people around the country strengthening communities and 
opportunities for higher education.
  Mr. Speaker, one of the major challenges we face at this point deals 
literally with the future of the planet dealing with global warming and 
sustainable development in a water-stressed, energy-short, carbon-
constrained world. I have been pleased to look in my community at 
colleges and universities that are doing pioneering work with 
developments on campus for sustainability, training students, and doing 
research.
  I am pleased that this legislation incorporates our Higher Education 
Sustainability Act of 2007, H.R. 3637, which provides provisions here 
that will help fund this research and training, sustainability 
practices on campus, to be

[[Page 17433]]

able to make sure that the best practices that are being developed 
across the country can be incorporated into the day-to-day operations, 
that we can do more research, more training of students, and that we 
will be able to incorporate them into how campus life itself operates.
  Last but not least, I am pleased that the provision that would direct 
the secretary of education to convene a sustainability summit to have a 
national showcase of these best practices has been retained. This is an 
important element to make sure that our colleges and universities 
continue to be the change, the engine of innovation for the most vital 
challenge of our time dealing with global warming and sustainable 
development.
  I strongly urge support of this legislation and that each and every 
one of my colleagues look at these sustainability provisions and look 
at how they can be applied to their colleges and universities back 
home.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, we continue to 
reserve.
  Ms. MATSUI. Mr. Speaker, I yield 2 minutes to my friend, the 
gentlewoman from Minnesota (Ms. McCollum).
  Ms. McCOLLUM of Minnesota. Mr. Speaker, I thank the Rules Committee 
for the time. I rise to support this rule and the conference report for 
the Higher Education Opportunity Act.
  I had the honor to serve on the Education and Workforce Committee for 
my first 6 years in Congress, and it is a real pleasure to know that we 
will finally be able to reauthorize the Higher Education Act. I commend 
Chairman Miller and Ranking Member McKeon on this bipartisan bill.
  This bill increases need-based aid and provides for more access to 
information on the costs of college. It restores sunshine to student 
loan programs and simplifies financial aid application processes. And 
it makes new investments to encourage science and technology careers.
  This bill focuses on the needs of students who are the future of this 
country and the key to our global competitiveness. I'm particularly 
pleased that this conference report includes a provision I worked on 
with Congressman Tierney to hold States accountable for their 
investment in higher education.
  I also want to thank Chairman Miller and Congressman Bishop for 
working to include a definition of ``diploma mills'' and for requiring 
the Secretary of Education to provide information on these fraudulent 
businesses that defraud students, their families, and employers.
  Today we begin a Federal effort to prevent and prosecute diploma 
mills. Diploma mills sell worthless degrees. They threaten the 
reputation of America's colleges and universities by blatantly using 
similar names. Diploma mills cheat taxpayers when local school 
districts and even the Federal government hire one individual with a 
fraudulent degree. Phony medical degrees from diploma mills can have 
and have caused serious harm and even death. These fraudulent degrees 
can be used to obtain visas making the fact that they exist a national 
security issue.
  The failure to shut down diploma mills has been noted in other 
countries, harming our reputation around the world. The increasing 
number of diploma mills has created, as you can see, serious problems. 
This legislation includes the first step in addressing the problem, and 
I urge my colleagues to support the bill.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, we continue to 
reserve.
  Ms. MATSUI. Mr. Speaker, I yield 2 minutes to my friend, the 
gentleman from New York (Mr. Bishop).
  Mr. BISHOP of New York. I thank the gentlelady for yielding.
  I rise in strong support of the rule and the underlying conference 
report, and I urge my colleagues to vote both for the rule and for H.R. 
4137.
  Let me commend Chairman Miller and Ranking Member McKeon and 
Subcommittee Chair Hinojosa and Ranking Member Keller for presiding 
over such a collegial and bipartisan process. We entered into this 
process with the goal of enhancing access and affordability, and I 
truly believe that H.R. 4137 makes significant progress on achieving 
both of those very important goals.
  Let me talk about some specific elements of the bill that I think are 
worthy of mention.
  First, the bill very much strengthens the Perkins Loan program, the 
loan program that this administration has seemed determined to kill but 
has strong bipartisan support here in the Congress. The conference 
report increases the maximum awards that students may receive in any 
one year, it also increases the aggregate awards, and it also 
strengthens the revolving loan fund by ensuring that funds collected be 
returned to the revolving loan fund so that they may be reloaned to 
future needy students. And all of this helps to reduce the dependence 
on private loans for needy students, and that was one of our goals as 
well.
  The conference report simplifies the financial aid delivery process 
by simplifying the completion of the so-called FAFSA form which is a 
very daunting form for many families, yet it is the gatekeeper to 
eligibility for all students' financial aid. It includes the provisions 
of the Student Loan Sunshine Act. This results from investigations 
conducted by the attorney general of my home State that revealed 
several abuses in the student loan program, and this legislation 
restores confidence and trust to the financial aid delivery system.
  It also reestablishes a Federal role for supporting cooperative 
education which helps students gain valuable career information and 
also finance their education. It has many very valuable features in 
this bill.
  I urge my colleagues to support it, and I thank my colleagues for 
working so hard on it.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, I would inquire of 
my friend how many additional speakers she has.
  Ms. MATSUI. Mr. Speaker, I would like to tell the gentleman I have 
two additional speakers.
  Mr. LINCOLN DIAZ-BALART of Florida. We continue to reserve.
  Ms. MATSUI. Mr. Speaker, it's my privilege to yield 2 minutes to my 
friend, the gentlewoman from Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. I thank the gentlelady from California for 
her leadership. I thank the Education Committee and our leadership.
  As many States in this great Nation, Texas is a college State; in my 
community in particular, the University of Houston, Texas Southern 
University, Houston Baptist, Saint Thomas, Houston Community College, 
and I'm sure many, many others. This is a relief. This is a hallelujah 
day to be able to help our young people reach their greatest promise.
  This is an important initiative. It encourages colleges to reign in 
price increases and provides consumers with helpful information. Now, 
because of desperate times, many, many State legislatures are giving 
our colleges the ability to raise tuition. It is going up and up and 
up. Now there will have to be an accountability. You will have to 
explain what are you doing to mitigate the cost. We want our children 
educated. We don't want them broke.
  This restores integrity and accountability to the student loan 
program. You'll have an option, you'll have information, your parents 
will have information. You will be able to work together so that you 
can invest in your education and still be able to survive once you 
graduate.
  It simplifies the Federal Student Aid application access. It expands 
college access and support for low-income and minority students. It 
allows you to have your loans forgiven if you are police officers, 
teachers, scientists, and others that are helping this community. It 
strengthens our workforce and our competitiveness. It helps our 
veterans and military families. It is a day that recognizes that 
America is made great by those who educate and those who, with their 
own genius, will provide for the next intelligence, the next leadership 
of the 21st century.
  All over the world they want to copy and emulate how we educate. They

[[Page 17434]]

want to come to the United States because of the principles of freedom. 
This higher education bill will allow us to pursue that freedom in the 
right way, and it assures equal college opportunities for students with 
disabilities. I applaud that. I celebrate that. I encourage that 
opportunity for those students whose minds are agile and who are ready 
to go to work, and it encourages colleges, the most important place, to 
adopt sustainable and energy-efficient practices. This is a valuable 
step in educating our community.
  I do want to close by simply saying we have to be on the front lines 
of education, primary and secondary education. This is the bill that 
does it. I ask my colleagues to support the Higher Education 
Opportunity Act.
  I rise today in strong support of H.R. 4137, To amend and extend the 
Higher Education Act of 1965, introduced by my distinguished colleague 
from California, Representative George Miller. This significant piece 
of legislation provides greater access to colleges and universities, 
making higher education affordable for all Americans, not just the 
wealthy.
  A quality education continues to be the best pathway to social and 
economic mobility in this country. As a member and senior whip of the 
Congressional Black Caucus, I have consistently advocated for the 
maintenance of Historically Black Colleges and Universities. This 
legislation will increase funding to Historically Black Colleges and 
Universities, as well as Hispanic and other minority-serving 
institutions, and it will expand college access and support for low-
income and minority students.
  This legislation contains provisions allowing students to receive 
Pell Grant scholarships year-round, and it increases the Pell Grant 
maximum to $8,000. In addition, it strengthens college readiness 
programs, namely the TRIO and GEAR UP college readiness and support 
programs for low-income and first-generation students. These increases 
will expand college access for low-income and minority students. The 
amendment offered by my colleagues Representative Eddie Bernice Johnson 
and Representative Don Young expands upon current Pell Grant 
eligibility, allowing children who lost a mother or father to our wars 
in Iraq or Afghanistan to be eligible for the maximum amount of Pell 
Grant assistance. In this age of global war on terror, it is imperative 
that we ensure that those left behind by those who made the ultimate 
sacrifice for our great Nation are given the greatest opportunity our 
country can provide. As such, I encourage all my colleagues to join me 
in supporting this important amendment.
  Mr. Speaker, this legislation contains important provisions opening 
up even wider opportunities for our veterans by increasing college aid 
and housing aid for not only veterans, but their families. This 
legislation creates a new scholarship program for active duty military 
personnel and family members, including children and spouses of active 
duty military service members or veterans. It establishes support 
centers to help veterans succeed in college and graduate. Finally, it 
ensures fairness in student aid and housing aid for veterans, making it 
easier for them to attend college while also fulfilling their military 
service duties.
  Mr. Speaker, I would also like to express my strong support for an 
amendment introduced by my distinguished colleague Congressman Danny 
Davis restoring safeguards to student loan borrowers. Mr. Speaker, 
students who take out loans borrow money as part of their pursuit to 
better themselves and contribute to the advancement of our Nation and 
economy. However, current bankruptcy laws apply the same severe 
standards to student borrowers that it applies to those trying to 
escape child support payments, alimony, overdue taxes, and criminal 
fines. Under Mr. Davis's amendment, Government student loans and loans 
made by nonprofit entities would remain non-dischargeable; other 
student loans, made by for-profit banks and other lenders, would 
continue to be non-dischargeable for the first 5 years after they come 
due, and after that time they would be treated like other unsecured 
consumer loans in bankruptcy. Mr. Speaker, I strongly urge my 
colleagues to support this amendment, and to work to restore bankruptcy 
protection to private student loans.
  Understanding the federal application for Federal Student Aid can be 
challenging and complex even for the most knowledgeable parent. The 
College Opportunity and Affordability Act would streamline and simplify 
the application process, giving families the tools they need to 
properly plan for their college expenses. This legislation will reform 
our higher education system, ensuring students and their families have 
the information they need to understand their borrowing options when 
applying for Federal and private loans.
  Mr. Speaker, as an active member of the Committee on Homeland 
Security, I am extremely supportive of the provisions in this 
legislation that boost campus safety and disaster readiness plans. Last 
year's tragedy at Virginia Tech has illustrated the horror to which 
students might be exposed, and natural disasters in recent years have 
underlined the necessity of having campus disaster plans.
  This legislation helps all colleges develop and implement state-of-
the-art emergency systems and campus safety plans, and it requires the 
Department of Education to develop and maintain a disaster plan in 
preparation for emergencies. In addition, this legislation creates a 
National Center for Campus Safety at the Department of Justice to work 
in collaboration with the COPS program. Finally, it establishes a 
disaster relief loan program, to help schools recover and rebuild in 
the event of a disaster.
  This important piece of legislation gives our youth, our veterans, 
and our families the opportunity to not only dream of attending college 
but actually realize that dream. I urge my colleagues to join me in 
supporting H.R. 4137 and the conference report.
  Mr. LINCOLN DIAZ-BALART of Florida. Mr. Speaker, we continue to 
reserve.
  Ms. MATSUI. Mr. Speaker, I yield 2 minutes to the gentleman from 
Oregon (Mr. Wu).
  Mr. WU. Mr. Speaker, I rise in strong support of the rule and the 
conference report. This bill contains many excellent provisions that 
will help Oregon and, indeed, all American families better afford 
college.
  For example, the legislation increases the Pell Grant from the 
current $5,800 per year ultimately to $9,000 per year, and it makes it 
available for year-round education. It streamlines the Federal student 
aid application process, restores integrity and accountability to the 
student loan industry, and encourages colleges to better manage tuition 
and price increases.
  There are two provisions that I am particularly proud of and 
supportive of in the bill. One is a provision intended to make textbook 
prices more transparent and manageable. This is something that I have 
been working on for over 5 years. It provides students with advance 
information on textbook pricing so they can better plan for expenses 
before each term begins. It assists faculty by ensuring that they have 
complete information on textbook pricing before making purchase 
decisions, and it requires textbook publishers to provide combined or 
bundled educational products separately for purchase.
  This bill also establishes a program for low-income Asian American 
students in title III of the bill. Through the new program, grants will 
be made available to eligible institutions where at least 10 percent of 
the student body is Asian American and low-income. And this will have a 
significant impact on the aspirations of all Americans, and this has 
been an aspiration of the Asian American community for a long time.
  I strongly support this conference report and urge the other Members 
to support it.

                              {time}  1200

  Mr. LINCOLN DIAZ-BALART of Florida. I would ask my friend if she has 
any additional speakers.
  Ms. MATSUI. I have no additional speakers. I will reserve.
  Mr. LINCOLN DIAZ-BALART of Florida. It's obvious, Mr. Speaker, that 
this legislation appropriately enjoys extraordinary bipartisan support, 
and really, I'm pleased to see an example of Congress working together 
across the aisle for the good of the Nation, in this instance, all of 
those who seek a higher education, which is such an important part of 
the American Dream. The dream of being able to acquire a higher 
education and to see one's children and one's grandchildren do so, to 
advance that dream as this legislation does is something that's 
admirable; and I wish to commend all who have worked to make this 
legislation possible.
  Mr. Speaker, we will not fail to utilize every opportunity on this 
House floor, before leaving for a 5-week break to be with our 
constituents, to provide our constituents, before we leave a debate on 
this floor on the issue that I certainly am being contacted most about 
by my constituents, and I know that many of our colleagues are as well: 
the unacceptable price of gasoline, the energy crisis facing American

[[Page 17435]]

families, American workers, American businesses.
  Part of the reason that we are seeing this situation and that we are 
seeking a debate to alleviate this crisis is that gas prices have 
continued to rise, one important reason being because more and more so 
we are dependent on foreign oil, while we avoid developing domestic 
energy sources. And so we think that we need to comprehensively debate 
this issue to alleviate the crisis. The crisis is affecting all 
American families and affecting countless millions of businesses.
  One important source of domestic energy is the Arctic National 
Wildlife Refuge in Alaska. However, efforts to develop just a tiny 
portion of ANWR have been fought and blocked to the detriment of 
America's energy independence, even though the people of that great 
State overwhelmingly are in favor of searching for energy there.
  With the price of gasoline at $4 a gallon, we should be looking to do 
all we can to lower that price, and that includes domestic exploration 
when the people of a State wish to permit it. I think it demonstrates 
arrogance on our part to say we know better than the people of a State 
and their Representatives. In the case of Alaska, all of their 
Representatives in Congress are clamoring for what the overwhelming 
majority of the people of that great State are also clamoring for: the 
ability to search for additional sources of energy within their 
borders.
  Today I will be asking each of our colleagues to vote ``no'' on the 
previous question to this rule. If the previous question is defeated, I 
will amend the rule to make it in order for the House to consider an 
amendment that would have the effect of lowering the price of gasoline 
and diesel by increasing the domestic supply of oil by permitting the 
extraction of oil in the Arctic National Wildlife Refuge, as the people 
of the great State of Alaska wish to do so and their Senators and 
Representatives wish to do so, in representation of the overwhelming 
majority of the people of that great State.
  I remind the Members that defeating the previous question will not 
stop debate on the important underlying legislation. It enjoys 
bipartisan support. We wish, in addition to bringing forward an 
important piece of legislation like we are today, to offer the American 
people a debate on the issue that is on the minds of the overwhelming 
majority of American people, certainly of my constituents, the simply 
unacceptable price of gasoline.
  We have to do everything we can to deal with the issue. And I think 
it's unfortunate, Mr. Speaker, that we're not and that we're not being 
allowed to.
  Mr. Speaker, I ask unanimous consent to insert the text of the 
amendment and extraneous materials immediately prior to the vote on the 
previous question.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. LINCOLN DIAZ-BALART of Florida. Again, by voting no on the 
previous question, Members can take a stand, can show that they want to 
do everything possible on this issue. Once again, I reiterate that this 
will not preclude taking action on the important piece of education 
legislation that we possibly, even unanimously, in this House, 
certainly in consensus fashion, support.
  I ask for a ``no'' vote on the previous question.
  I yield back the balance of my time.
  Ms. MATSUI. Mr. Speaker, I want to thank Mr. Diaz-Balart, and I yield 
myself the balance of my time.
  I would like to say, first, that nearly 80 percent of offshore oil is 
in areas that are already open for exploration. In fact, 68 million 
acres, onshore and offshore, are already under lease by oil companies, 
but not being drilled.
  Democrats have said ``use it or lose it'' to the oil companies: drill 
the oil or give up the lease to someone who will. And Democrats have 
called for mandatory leasing in the National Petroleum Reserve in 
Alaska, which has more oil than the Arctic Wildlife Refuge.
  Oil companies have billions of barrels of American oil available to 
them right now, and the President's own Department of Energy says the 
impact of any new drilling will be insignificant, promising only 
pennies per gallon a decade or two down the road.
  Under Democratic leadership, the Congress has enacted into law the 
first new vehicle fuel efficiency standards in 32 years, saving up to 
$1,000 in gas per car per year; a historic commitment to American-grown 
biofuels, which are keeping gas prices 15 percent lower now than they 
would otherwise be as a result of blended fuels; action to impact 
record gas prices by suspending oil purchasing for the Strategic 
Petroleum Reserve; recovery rebates that help Americans struggling with 
rising prices, including gas, with a check of $600 or more. And what 
we're doing today, making college more affordable, will help American 
working families.
  Mr. Speaker, the rule before us today is a fair rule that allows us 
to highlight educational challenges and offers remedies for them in 
order to create a better tomorrow.
  It is our responsibility to provide our constituents with greater 
access to a college education, especially at a time when the price of 
college is steadily increasing.
  This bill will complete a year of important changes to higher 
education policy. Nearly 1 year ago, the Democratic Congress took the 
lead on landmark changes to lender subsidies and student aid, followed 
by a measure to ensure access to loans and increase loan limits. And 
now we will send the President yet another bill that makes college more 
affordable and address the student loan process.
  Mr. Speaker, I urge a ``yes'' vote on the previous question and on 
the rule.
  The material previously referred to by Mr. Lincoln Diaz-Balart of 
Florida is as follows:

Amendment to H. Res. 1389 Offered by Mr. Lincoln Diaz-Balart of Florida

       At the end of the resolution, add the following:
       Sec. 2. Immediately upon the adoption of this resolution 
     the House shall, without intervention of any point of order, 
     consider in the House the bill (H.R. 6107) to direct the 
     Secretary of the Interior to establish and implement a 
     competitive oil and gas leasing program that will result in 
     an environmentally sound program for the exploration, 
     development, and production of the oil and gas resources of 
     the Coastal Plain of Alaska, and for other purposes. All 
     points of order against the bill are waived. The bill shall 
     be considered as read. The previous question shall be 
     considered as ordered on the bill and any amendment thereto 
     to final passage without intervening motion except: (1) one 
     hour of debate on the bill equally divided and controlled by 
     the chairman and ranking member of the Committee on Natural 
     Resources, and (2) an amendment in the nature of a substitute 
     if offered by Representative Rahall of West Virginia or his 
     designee, which shall be considered as read and shall be 
     separately debatable for 40 minutes equally divided and 
     controlled by the proponent and an opponent; and (3) one 
     motion to recommit with or without instructions.
                                  ____

       (The information contained herein was provided by 
     Democratic Minority on multiple occasions throughout the 
     109th Congress.)

        The Vote on the Previous Question: What It Really Means

       This vote, the vote on whether to order the previous 
     question on a special rule, is not merely a procedural vote. 
     A vote against ordering the previous question is a vote 
     against the Democratic majority agenda and a vote to allow 
     the opposition, at least for the moment, to offer an 
     alternative plan. It is a vote about what the House should be 
     debating.
       Mr. Clarence Cannon's Precedents of the House of 
     Representatives, (VI, 308-311) describes the vote on the 
     previous question on the rule as ``a motion to direct or 
     control the consideration of the subject before the House 
     being made by the Member in charge.'' To defeat the previous 
     question is to give the opposition a chance to decide the 
     subject before the House. Cannon cites the Speaker's ruling 
     of January 13, 1920, to the effect that ``the refusal of the 
     House to sustain the demand for the previous question passes 
     the control of the resolution to the opposition'' in order to 
     offer an amendment. On March 15, 1909, a member of the 
     majority party offered a rule resolution. The House defeated 
     the previous question and a member of the opposition rose to 
     a parliamentary inquiry, asking who was entitled to 
     recognition. Speaker Joseph G. Cannon (R-Illinois) said: 
     ``The previous question having been refused, the gentleman 
     from New York, Mr. Fitzgerald, who had asked the gentleman to 
     yield to him for an amendment, is entitled to the first 
     recognition.''
       Because the vote today may look bad for the Democratic 
     majority they will say ``the

[[Page 17436]]

     vote on the previous question is simply a vote on whether to 
     proceed to an immediate vote on adopting the resolution [and] 
     has no substantive legislative or policy implications 
     whatsoever.'' But that is not what they have always said. 
     Listen to the definition of the previous question used in the 
     Floor Procedures Manual published by the Rules Committee in 
     the 109th Congress, (page 56). Here's how the Rules Committee 
     described the rule using information from Congressional 
     Quarterly's ``American Congressional Dictionary'': ``If the 
     previous question is defeated, control of debate shifts to 
     the leading opposition member (usually the minority Floor 
     Manager) who then manages an hour of debate and may offer a 
     germane amendment to the pending business.''
       Deschler's Procedure in the U.S. House of Representatives, 
     the subchapter titled ``Amending Special Rules'' states: ``a 
     refusal to order the previous question on such a rule [a 
     special rule reported from the Committee on Rules] opens the 
     resolution to amendment and further debate.'' (Chapter 21, 
     section 21.2) Section 21.3 continues: Upon rejection of the 
     motion for the previous question on a resolution reported 
     from the Committee on Rules, control shifts to the Member 
     leading the opposition to the previous question, who may 
     offer a proper amendment or motion and who controls the time 
     for debate thereon.''
       Clearly, the vote on the previous question on a rule does 
     have substantive policy implications. It is one of the only 
     available tools for those who oppose the Democratic 
     majority's agenda and allows those with alternative views the 
     opportunity to offer an alternative plan.

  Ms. MATSUI. I yield back the balance of my time, and I move the 
previous question on the resolution.
  The previous question was ordered.
  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________