[Congressional Record (Bound Edition), Volume 154 (2008), Part 2]
[Issue]
[Pages 1539-1814]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 1539]]
VOLUME 154--PART 2
SENATE--Thursday, February 7, 2008
(Legislative day of Wednesday, February 6, 2008)
The Senate met at 10:30 a.m., on the expiration of the recess, and
was called to order by the Honorable Sheldon Whitehouse, a Senator from
the State of Rhode Island.
______
prayer
The PRESIDING OFFICER. Today's prayer will be offered by our guest
Chaplain, Rabbi Cheryl Jacobs of the Jewish Healing Center, Plantation,
FL.
The guest Chaplain offered the following prayer:
Dear God, what do I desire for my country? How do I vision the land I
love? Let it be a land where knowledge is free, where the mind is
without fear and men and women hold their heads high, where words come
out from the depths of truth, where our leaders have the courage and
the permission to lead, where Americans have faith in our land, in our
leaders, and in themselves.
Let it be a land where we live free of fear, a land safe for our
children and for the generations that have yet to be, where our Nation
has not been broken up into fragments by narrow domestic walls, where
the brave men and women who fight for our country are revered and
honored for the heroes they are.
And let it be a land where tireless striving stretches its arms
toward perfection and where there are limitless opportunities for all
people. Into that heaven of freedom, let my country awake.
May the Lord bless us and keep us. May the Lord cause His face to
shine upon us. May the Lord bless our country with peace. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Sheldon Whitehouse led the Pledge of Allegiance, as
follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The bill clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, February 7, 2008.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Sheldon Whitehouse, a Senator from the State of Rhode Island,
to perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. WHITEHOUSE thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
ORDER OF PROCEDURE
Mr. REID. Mr. President, I ask unanimous consent that there be a
period of morning business for up to 60 minutes, with Senators
permitted to speak therein for up to 10 minutes each.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
SCHEDULE
Mr. REID. Mr. President, on the stimulus package, I have had a number
of conversations with the Republican leader this morning. I have a way
forward, but we don't have a way forward yet. We are going to see if we
can continue working so that we have a way forward. We are having some
discussions. He is indisposed for an hour. When he gets back, we will
meet again.
All Senators should know that we have to finish FISA this week.
Hopefully, we can finish it today and, if not, tomorrow. We have to
finish it this week. As for the stimulus package, it would be good to
finish it today, but we may not be able to. Procedurally, we may have
to wait until tomorrow or maybe even Tuesday. But we are working on
that.
Like I said, I have a way forward, but we don't have a way forward. I
will try to see if we can have a situation where it is ``we'' rather
than ``I.'' I hope that works out well.
As I indicated last night, we had a good bipartisan vote. It would
have been better if we had one more bipartisan vote, but it was still
something we should all feel good about. We are trying to move this
country forward. The economy is in real trouble now, as indicated in
today's press. Now the Fed is worried about inflation, and in addition
to that, we have other countries worried about inflation--European
countries. It is really a time of trouble. That is why we have to
continue to work on the stimulus package to see if we can come up with
something.
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Leadership time is reserved.
____________________
MORNING BUSINESS
The ACTING PRESIDENT pro tempore. There will now be 1 hour of morning
business, with Senators permitted to speak therein for 10 minutes each.
The Senator from Florida is recognized.
____________________
THANKING THE VISITING CHAPLAIN
Mr. MARTINEZ. Mr. President, I was running in late. I am devastated
that I missed the prayer by Rabbi Cheryl Jacobs, from Broward County,
FL. I am
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honored to have her here. I was at a Banking Committee hearing and
could not make it on time.
Rabbi Jacobs does an amazing amount of work in the Broward County
area, helping people in need in all walks of life. She is always there
to help. I am tremendously honored to have her here today. We are
pleased that she was able to honor us with her prayer. We thank her for
coming.
Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. CORKER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
STIMULUS PACKAGE
Mr. CORKER. Mr. President, as you know, I very seldom come to the
floor. Last week, I came to the floor to talk a little bit about the
stimulus package that is before us now. Last night, we had a vote that
blocked the Senate Finance Committee package. I know that probably
sometime during the course of this day--or very soon--we will be voting
on the House version of the stimulus package. I have to say that I
realize I am a voice in the wilderness--actually more of a voice in the
wilderness this week than last--but I continue to be almost shocked at
the lack of debate regarding this stimulus package and its nature and
effect on our economy.
This is a roughly $150 billion package. Most of this package is
oriented toward sprinkling, if you will, checks around our country. I
know there are many people in our country in need, and there have been
attempts to add various groups that ``have been left out'' of the
package. I really feel for people around our country who are in
tremendous economic distress. But I have to say that, to me--and this
is just one opinion, and I have tremendous respect for this body and
the various opinions that exist here--this has to be, in my humble
opinion, one of the most irresponsible things we have done since I have
been in the Senate.
I think about all the debate we have had here, for instance,
regarding earmarks, the wasteful spending that can sometimes take place
over congressional earmarks. I know the public has been focused on that
particular item now for over a year, as that issue has been debated on
the floor and as people have tried to weed out, if you will, wasteful
earmarks.
In one fell swoop today--or tomorrow--we are going to be taking $150
billion and, from the standpoint of having an effect on our economy for
the long term, in essence, wadding it up and throwing it, for lack of a
better expression, into a mud bowl. I have heard no serious
economists--and I have not read every economist--speak to the virtues
of this stimulus package.
I think you know the President just put forth a budget that shows a
$410 billion budget deficit next year. All of us know that is not even
close to the real number because operations in Afghanistan and Iraq are
not fully funded by that budget.
We are talking about in 2009 a half-a-trillion-dollar budget deficit,
money that none of us will ever, of course, pay for. Mr. President, you
and I will never have anything to do with paying back this money. Our
grandchildren and their children will pay this back.
As I mentioned last week on the floor, $150 billion becomes in a
generation, 20 years, $322 billion. We, in essence, are borrowing this
money. All of us know much of this money will be lent to us from
countries such as China and other places. Most of us know that between
the fiscal policy we are talking about today and the monetary policy
that has been followed recently by the Fed, the U.S. dollar has
devalued. Companies in our country are becoming greater bargains for
people in other countries. There has been tremendous investment by
other countries buying up companies in our country.
Many of the products people will spend this money on, if they spend
it on items other than electricity bills and those kinds of items, will
be products that are made in other countries.
All of us--and, Mr. President, I know you are new to this body as I
am--came here recognizing the tremendous recklessness that has occurred
as it relates to our country's fiscal and financial matters. I think
all of us came here wanting to rectify that situation. I find it truly
hard to believe there is such a rush in this Congress to take $150
billion and sprinkle it around America as if we feel that is going to
do something to stimulate our economy.
I know that much of this--again, I am not saying by any measure this
relates to every Senator, but I know much of this is politically
motivated, to make sure people in our country think we are doing
something, even if it is wrong. I know this is an election year. In
some ways, to some constituent groups, this might build political
favor. I certainly have not had private conversations with every
Senator, so that should be noted. But I have to tell my colleagues, in
private, I have not found one Senator--not one--who believes what we
are getting ready to do is going to do anything to stimulate this
economy. Again, economists around the country are mentioning the fact
daily that this will have little or no effect.
Recently a well-respected person I know, whom I will not quote, said:
Look, this is an awful lot of money. It probably will not do any harm.
I think about what $150 billion would do invested in ways that actually
created jobs for the long haul, whether it is in research, whether it
is in promotion of energy security, maybe doing something to solve some
of the health issues we have in our country. Certainly, there are other
ways for us to spend $150 billion.
I have listened to some of the debates on the floor that go on for
days, if you will, over spending $1 billion or over spending $10
billion maybe at a university or something such as that. I realized
that in the very near future, this body, without any real debate, is
getting ready to spend $150 billion we will never pay back.
I will close with this, and I said this the last time I spoke. There
are children all over America today in classrooms. We have some who got
up this morning who are in front of us--our pages--at 5 in the morning
and went to class at 6. They come here every day and work with us. They
are looking to their parents, their teachers, their coaches, their
Sunday school teachers to help teach them life principles and to help
make decisions that hopefully will cause their lives to be more whole
and more full, and hopefully from time to time they look to those of us
in Washington to do the same--their elected officials.
I hope, and I say this with all due respect to the Members in this
body who have a different opinion--this is solely my opinion, and I
have deep respect for the other 99 Members of this body, but from my
own personal vantage point, I hope they are not looking at us this
week. I do not think there are many Members in this body who believe
this $150 billion these young people and their children will pay back
is being spent in a meaningful way. I think many Members of this body
realize this is an election-year stunt, if you will, to make it look as
if we are addressing a problem when, in my humble opinion, we are not.
I do hope that sometime, in a bipartisan way, all of us can work
together and address the fundamental fiscal problems which our country
has to deal with. I know there is a bill that is going to be debated on
the floor, hopefully in the near future, the Conrad-Gregg bill, to get
us together and focus on Social Security and Medicare. Again, we have
not even begun to see the stresses those programs are going to create
for our country. Yet in this next fiscal year, we are looking at half a
trillion dollars in a 1-year annual budget deficit.
We have been fiscally reckless as a country. As they say back in my
home State, the chickens are going to come home to roost. I am
tremendously discouraged that we in this body are getting ready to
spend $150 billion the way
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that we are and to ask these young pages and the young people across
our country and the young people coming after them to pay the tap on
that money so that in this election year, we can act like we have
actually done something to solve a problem, when I think there are many
in this body who know that is not what we are doing.
Obviously, it has been made clear, I am going to vote against the
House package, the Senate package, and any other package that focuses
on sprinkling money around America in a way we know is not going to
affect our economy in any meaningful way.
Mr. President, as you know, it is a tremendous pleasure for me to
serve with you in the Senate.
I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Ms. MIKULSKI. Mr. President, I wish to proceed for 10 minutes in
morning business.
The ACTING PRESIDENT pro tempore. The Senate is in morning business.
____________________
ECONOMIC STIMULUS
Ms. MIKULSKI. Mr. President, I wish to talk about the stimulus
package and I wish to talk about our economy and I wish to talk about
the Senate.
I am very frustrated with the Senate. We spent a week maneuvering and
twisting over parliamentary procedure. Our processes are slowing us
down in meeting the day-to-day needs of the American people and the
long-range needs of our country.
Our country is at risk. We are fighting a global war against
terrorism. Our dollar is worth a box of Kleenex. We need an economic
stimulus and an economic recovery package, and we are fooling around on
motions to proceed and clotures and backward and forward, and so on.
The American people wonder what are we doing. They believe that when
all is said and done, more gets said than does get done. And guess
what. Put me in the column with the American people.
I am very frustrated with this institution. The rules were designed
to make sure the minority party could always be able to express their
view. That should happen. But it was not to bottle up progress. It was
not to stifle the opportunity to get our economy back on track. It was
not to tie up the Senate so we could not help 250,000 vets, 20 million
senior citizens, and actually get money in the pocketbooks of people so
we can start getting our economy back on the track.
Everyone agrees we need to jump-start our economy, everyone agrees we
need to do it now--everybody but the other side of the aisle who is
sitting on their hands and sitting on parliamentary procedure and
sitting on you know what. I think it is time they get up, and I call
out to the people: Flood our phones, get them off this, and get this
economy going.
We know we are being very hard hit. Last month, we lost 17,000 jobs
in the service sector. That was supposed to be job-loss proof. Families
all over the country are losing their homes to the subprime crisis. The
price of food, gas, and health care is going up.
We voted last night on a parliamentary procedure that would have
moved this legislation on the economic stimulus forward. It lost. It
lost by one vote. But did it lose on a majority? No. Under the rules of
the Senate, we need 60 votes to win a majority or we need 67 votes to
win a majority. I thought a majority used to be a majority. Now we find
that one vote--one vote--is standing in the way of moving the economic
stimulus package.
I say to America: You watch cable TV, you listen to the chattering
class, you read the newspapers. You know where that one vote lies. You
see those empty chairs over there? One vote lies there. Flood our
phones with calls, flood our Internet, flood our fax machines so we can
get moving.
Last night what we had was a plan to move the economy forward. It was
a well-thought-out plan of tax rebates to help families. We included
not only that but 250,000 disabled veterans and 20 million seniors. At
the same time, we extended unemployment insurance for an extra 13 weeks
because for people who lost their job, it is now taking a longer time
to find another job. And we help small business.
Last night, we Democrats voted to stand up for those disabled vets,
for those senior citizens, for those people who have lost their jobs to
make sure they will have the opportunity to benefit from the stimulus,
and as they benefit from the stimulus, because they have such modest
incomes, the money they get will go right into the economy. It will not
go into paying the bar bill for somebody who has a fifth home in the
Hamptons. It will go into the economy.
This bill helps 250,000 disabled vets. They say they did not qualify;
they did not have earned income. My God, my God. I have a veterans
advisory board. I meet with the disabled vets. Some of them belong to
the Purple Heart Association, some come in wheelchairs, some come with
canes because they bear the permanent wounds of war.
We always say a grateful nation never forgets, but we forgot them in
the stimulus package. We forgot 250,000 of them. If a grateful nation
never forgets, let's say we think you earned that. We think you earned
that at Iwo Jima. We think you earned it at Normandy and Porkchop Hill
and the Mekong Delta. If you have worn the uniform, you have earned it.
Now we want to help 20 million seniors who are left out because they
said those Social Security benefits are not earned income. You pay your
Social Security based on your wages. I think that is earned income.
Every day there are people out there working, or who have worked every
day. They have spent their whole lives building our economy, building
our Nation, and they are ready to do it again. All they need right now
is to qualify for what they should be entitled to.
People say: Well, there she goes again. You know, Barb has a master's
degree in social work. Well, you bet I do. And that social work took me
into the neighborhoods and families of our constituents, and as a
Senator I often try to think that way. While everybody here likes to
talk about the macroeconomics and they take codels to Davos to hang out
with the rich and famous, who want to be even more rich and more
famous, I worry about the macaroni and cheese issues. And the macaroni
and cheese issues that we have to focus on are what is happening in our
economy.
But I just don't want to be a bleeding heart--though I am happy to be
a bleeding heart. I am happy to be a bleeding heart, but I know that
something called Moody's Economy.com--Moody's Economy.com--tells us
where we get the most stimulus from the techniques used to do the
stimulus, and what do they tell us? They tell us to give it to the
people who need it the most--to extend unemployment benefits and to
extend other benefits, such as LIHEAP, which helps people with their
energy costs.
Now, 41 Republicans blocked this bill. They called it a Christmas
tree. They said it was loaded with pet projects. Well, yes, disabled
vets are a pet project with me. I stand guilty. Disabled veterans are a
pet project with me. Clean up the mess at Walter Reed, clean up the
compensation system, and include them in the stimulus package. You bet.
But I also resent that. Disabled veterans are not ornaments or
decorations, they are heroes, and they are the backbone of our country.
So one vote stands between the American people and some help during
these tough times.
I thank the eight Republicans who voted with us last night to move
the bill forward so we could vote up or down on amendments. We need one
more Senator to join us, one more Senator who will stand up for the
people, for families, for seniors, for wounded warriors, one more vote
against politics as usual. I say over there to those empty chairs: Will
one of you come forward and join this very important effort?
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Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER (Mr. Brown). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. GREGG. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GREGG. I wanted to rise briefly to express my concerns at the
process as it presently stands here in the Senate. I am tempted to say:
Wherefore art thou the stimulus package, because there is no reason
there should not be action on it now.
I had some very serious reservations about this whole effort on the
stimulus package. I believe very strongly that we need some sort of
stimulus to this economy, that the economy is beginning to slow fairly
dramatically, but that the present framework of the stimulus packages,
as they were agreed to in the House and certainly the Senate Finance
Committee, have very distinct flaws. But that does not mean we should
not bring the packages up and vote on them. Last night we voted on the
Finance package. It did not pass. It did not pass because it added $44
billion of additional money to an agreement which had already been
reached between Speaker Pelosi, Republican Leader Boehner, and the
administration, a bipartisan agreement which was reached with the tacit
approval of the leadership of the Senate, as I understand it.
Although I was not intimately involved in the negotiations, my
understanding is the way this proceeded was that the Senate basically
said to the House--the Senate leadership in the sense of Senator Reid
and Senator McConnell said to the administration and the House: You see
if you can reach an agreement on this stimulus initiative. And the
administration, in good faith, under the leadership of the Secretary of
Treasury, negotiated with Speaker of the House Pelosi and with
Congressman Boehner, and they reached an agreement. It was an agreement
that involved very distinct compromises, compromises which basically
reflected a classic political process where you basically put on the
table your ideas, the other side puts on the table their ideas, then
you work to the middle and come up with a concept that both sides can
at least be comfortable with, even if they do not accept all of the
details.
This package, as we all know, is a $150 billion package, the majority
of which is a rebate, to people who pay taxes, of $600 to $1,200, and
the balance of which is an incentive, especially to small businesses to
go out and invest and as a result create hopefully more jobs and a more
efficient economy.
When it got to the Senate, for reasons which I still do not
understand, the Senate decided it wanted to assert some prerogative
here, even though the Senate leadership had said: Let the House
leadership and the administration do the basic negotiations. We got a
package out of the Finance Committee which took a $450 billion package
and increased it by $44 billion.
A lot of that package was basically baggage being thrown on a train
leaving the station. It had clearly nothing to do with stimulating the
economy over the short run. There were tax benefits for the coal
industry, tax benefits for the wind industry; there were a whole
variety of things that had nothing at all to do with stimulus. They
simply were there due to the fact that certain groups around here had
enough influence to be able to put their baggage on this train.
What we have to remember is every dollar that is being spent on the
stimulus package is being borrowed from our children and our children's
children, because we do not have a surplus now. We do not have money to
rebate. I mean ``rebate'' is the wrong term. This is basically money
being borrowed from our children being paid to us, people who are
working today or people who are paying taxes today under the House
package.
Then on the Senate package, it is another $44 billion of money being
borrowed from our children and our children's children to be sent out
the door today, for the purposes of different interest groups who have
put their points forward.
The majority leader said we would take the Senate package or we take
no package, which makes no sense at all. The House package was a
bipartisan, negotiated package, which had the Speaker of the House, who
nobody can accuse of being a conservative--she comes from San
Francisco. I do not think she is a conservative--the Speaker of the
House, and the majority leader, the Republican leader of the House, Mr.
Boehner, whom nobody can accuse of being a liberal, comes from
someplace in Ohio, but he has quite a track record around here, Mr.
Boehner, of being a conservative of note.
They reached an agreement. It was not as though it was the
Republicans saying, ``This is the package,'' or Democrats saying,
``This is the package.'' It was an agreement.
So when it came over here, yes, there might have been adjustments
that needed to be made, but to add $44 billion to it and say: Take that
$44 billion addition or leave it, makes no sense at all in the context
of reaching some agreement quickly and moving it out the door.
In fact, Senator McConnell, I think, had the best idea. He said:
Let's take the House package and add three things to it, three things
that there seems to be consensus on around here: One was to make sure
that seniors got a rebate so they could also participate in the
stimulus initiative; two was to make sure that disabled veterans got a
rebate so they could participate; and, three, to correct the technical
error in the bill relative to illegal immigrants.
So Senator McConnell said: Let's do those three things; add them to
the House package, send it to back to the House, the House has agreed
to approve that, we will send it to the President, and we will be done
quickly, which is the whole purpose here.
I am not arguing for the stimulus package. We know a stimulus of this
nature, which is pure Keynesian economics, where you take money and you
throw it at the economy without any sort of discretion on how the money
is going to be used in order to produce long-term productive forces in
the economy, which is simply saying to consumers: Here is the money, go
out and spend it, hopefully that will raise the economy--we know under
classic Keynesian approaches, which is what this stimulus package is,
that the essence of that is to get it out the door, get those dollars
into the consumers' hands quickly. So every day, every week of delay
only aggravates the relative effectiveness of this stimulus exercise.
We also know that because of the way our Internal Revenue Service is
structured, the earliest they are going to be able to get these rebate
checks out the door, if we were to act today, this week, would probably
be May, middle of May; more likely that they are going to get out in
June and, according to the economists who testify around here and give
us our counsel--for example, Dr. Orszag, head of the CBO, said that the
impact of those dollars going out the door, those $600 or $1,200
rebates under the House bill will not be felt probably until the late
third quarter of this year.
That is the fast track. Who knows what the late third quarter of this
year will bring. I hope it will bring some turnaround in the economy.
And certainly with monetary policy being changed in this country, where
you are seeing significant reductions in the interest rates by the Fed,
it is very likely we will see some uptick in our economy as we head
into the third and fourth quarter of this year. I certainly hope that
will occur; that the housing industry which has created this problem,
as a result of having a housing bubble, will have begun to work its way
through.
But in any event, we know that to delay this further, so we push
these stimulus events, such as giving people $600 to go out and spend,
farther and farther into the year, potentially into the Christmas
season or into next year, is not going to address the underlying
problem, which is the next two to three quarters, which look as if they
are going to be extremely soft, potentially
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extraordinarily soft relative to economic activity.
So action should be taken now. What has been suggested here to
accomplish action--it is a very reasonable suggestion--is to take the
House package, which was negotiated between the Speaker of the House,
the Republican leader in the House, and Secretary Paulson, add to it
the two or three things which there is consensus on over here, which is
the payment to seniors, payment to veterans, and correcting the illegal
immigration language, and passing it, and then move forward.
If you accept this concept that we should do this sort of Keynesian
stimulus event, that is what we should do. I must, as a matter of
disclosure, say I have serious reservations about not only--I think the
Senate package is terribly irresponsible, because it adds $44 billion
to an agreed-to bipartisan agreement, but I also have problems with the
underlying package. Because, for me, I believe we do need to stimulate
the economy, but I think we need to focus the dollars on the problem,
and the problem is the credit lockdown that is occurring generally in
the economy but that is specifically being driven by the housing market
problems. We know that for the last few years there has been an
expansion in lending in the housing arena which was not supported by
the underlying collateral or by the ability of people who were getting
these loans to pay those loans under the terms of those loans. These
were called subprime loans.
What happened was people were attracted into buying a house, which
had been built on speculation, and they were attracted in on an
interest rate on the mortgage on that house which was very low, with
the understanding that 2 or 3 years later that mortgage rate would jump
fairly considerably.
Well, unfortunately in many instances what happened here was, we
built a lot of housing stock that could not be purchased, or if it was
purchased, it was being purchased at costs which were below the real
value of production, and on top of that, we were saying to people who
did not have the incomes necessary to support the higher interest rate
which was going to hit them in 2 or 3 years, the 2 or 3 years being
now: You take the loan, we will worry about that later.
Well, the ``later'' is today. The bubble is bursting. People are
being put under extreme stress because many people who bought these
homes cannot afford the increase on what is known as their ARM, their
adjustable rate mortgage.
It is severe. In parts of this country it is extremely severe--in
Florida, Arizona, California. What is happening is you see a classic
bubble where as the housing market starts to contract, lending
generally starts to contract. Lenders who have these housing loans on
their books, or who have sold these housing loans and cannot figure out
how to get out of their contracts, are now trying to figure out how to
get their books in order, to rebuild their capital and restructure
themselves.
As a result, good loans in other areas that are being repaid are
starting to be chilled, as is new lending. Consequently, the entire
economy starts to lock up because it is hard to get loans for anything,
especially in distressed housing areas. The people who have these loans
and live in these homes are finding themselves under the pressure of
foreclosure. In many instances, these people are hard-working Americans
who can pay a reasonable rate, but because the adjustment is not
reasonable--it is very high under ARM agreements--they are not able to
meet the obligations of the mortgage. So we should be focusing our
efforts on that part of the economy.
I congratulate the Secretary of the Treasury because he has tried to
do that both through jawboning, the lending community, and by setting
up the new HOPE proposal which has put a big chunk of money out there,
over $100 billion, the purpose of which is to help people restructure
those loans so that people who can make their payments under the
original loan agreement or something near to the original loan
agreement, because they have good jobs and they can make their interest
payments, aren't forced out of their homes as a result of a jump in
their mortgage rate. Progress is being made there. Over 370,000 people
have been helped.
But the problem is so large that that is not necessarily going to
stabilize the market and free up the lending machines in America. So
additional things should be done. For example, Senator Isakson of
Georgia has suggested we have a one-time focused tax credit given to
people who buy one of these homes in the inventory within the next year
and that the home has been produced during this period of excess
production and allow that to incentivize people to go back in the
market and start to get this market going again. That is what we need
to do.
There are other ideas. The expansion of the FHA is an idea which--I
don't quite understand why we haven't seen that bill come back to the
Senate. It is in conference. It should be done soon. Increasing the
lending limits on Freddie Mac and Fannie Mae is a dangerous step unless
it is coupled with reforms necessary to make sure Freddie Mac and
Fannie Mae have the underlying capital to support an expansion, but it
is certainly something that should be considered. There are initiatives
that could be focused much more in a targeted way and would actually do
something to correct the problem and would, in the long and short run,
from my viewpoint, have a much better effect on the economy.
In addition, if we are going to try to stimulate the economy through
classic Keynesian activity, I am not too excited about that, but we
ought to put it on the productive side so we actually create a more
efficient economy that is more productive and, therefore, capable of
producing more jobs as we move into the future. Our problem may be that
we don't have enough jobs as we move into the future. The way you get
around that is to create an attitude in the marketplace so people are
willing to go out and invest, take risks, be entrepreneurs, and create
more jobs. There are ways to do that other than just giving people $600
to go out and spend arbitrarily, which they may spend on a product that
is not even manufactured in the United States, in which case there has
been no stimulus to the economy. If somebody buys a TV made in China
with their $600, that has no stimulus effect on our economy because the
dollars end up in China.
It is important to understand that all this money comes from our
children. We don't have a surplus to fund this stimulus package.
Therefore, when we do stimulate, we need to do it in a much more
focused way which is going to strengthen our economy and is going to
address the underlying problem of the credit lockup which has been fed
by the housing bubble. I hope we will take that up first. But,
obviously, we will not take that approach. There is a significant
majority that is going to support a stimulus package which is Keynesian
based. So be it. But if we are going to do it, let's do it in the way
which causes the least harm. The way to do that is to get it out the
door quickly, have it be the package which essentially left the House,
and not have the Senate throw in another $44 billion which we have to
borrow from our children on top.
Those are my concerns. I appreciate the courtesy of the Chair.
I yield the floor.
The PRESIDING OFFICER. The Senator from New Jersey is recognized.
Mr. MENENDEZ. Mr. President, I understand morning business has ended.
The PRESIDING OFFICER. It is about to close.
____________________
EXTENSION OF MORNING BUSINESS
Mr. MENENDEZ. I ask unanimous consent that the period for morning
business be extended until 12:30 p.m., with Senators permitted to speak
for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDER FOR RECESS
Mr. MENENDEZ. I further ask unanimous consent that the Senate stand
in recess from 12:30 to 1:15 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 1544]]
____________________
STIMULUS PACKAGE
Mr. MENENDEZ. Mr. President, our Nation needs to take a critical step
to move our economy forward. We had a chance last night to make that
happen. We had a chance in the Senate to make that happen. We had a
chance to pass a package that would provide relief to more Americans,
would put rebates in the hands of more taxpayers, would give checks to
more than 20 million seniors who were not in the House bill, would have
taken the opportunity to put money in the hands of 250,000 disabled
veterans, would extend unemployment benefits for those who are looking
to find work but cannot in this economy and who are on the verge of
finding themselves without unemployment compensation benefits, and
would provide important relief for businesses suffering and help those
most in need with the cost of heating their homes this winter.
Enough to stop the process, many of our Republican colleagues bucked
that opportunity. They said they wanted to deliver relief as quickly as
possible, but when they had the chance to provide that relief to the
most Americans, far more than the House bill, they said no.
I listen to our colleagues and I ask myself: What is it that says so
many in our country--seniors on fixed incomes with increasing demands
in their fuel and heating costs, those who still own their homes or
those who pay utility bills, rising prescription costs, so many
different elements of their lives, and they have fixed incomes, they
have worked a lifetime and find themselves with challenges they cannot
meet economically--why do those 20 million not deserve to be part of a
stimulus package, especially when they will put that money right back
into the economy quickly, which is the whole purpose of a stimulus in
the first place? If we can have a stimulus that also helps a broad
section of our universe, those who have worked hard, played by the
rules, helped build families and communities and now find themselves
struggling, why wouldn't we do that?
Why wouldn't we take care of disabled veterans and have them be part
of helping meet their challenges? They have served their Nation with
honor and dignity and now find themselves challenged. Why wouldn't we
have them be part of a solution that also helps to stimulate the
economy?
For all this talk about quickness, it is also quickness in the
ability to make this happen in a way that will have a real impact on
our economy but a real impact, also, in the lives of Americans who are
struggling. Far too many Americans have already suffered at the hands
of an economy that is sliding backward. Far too many have seen their
homes taken away from them on the brink of foreclosure. Far too many
have been in search of work or have been waiting in vain for their
paychecks to increase.
For those who have not yet felt the effects of an economy that is
sputtering, they fear and worry, wondering when they will feel the
squeeze. That worry is understandable. The signs are less than good.
Last Friday, we learned that 17,000 jobs were lost in January alone--
the first monthly loss of jobs in more than 4 years. Growth slowed to a
near halt at the end of last year, coming in under 1 percent. We saw
the biggest increase in unemployment rates since after September 11.
We all overwhelmingly agree on the need to take action to stimulate
our economy, and fast. It is wonderful to have come to that type of
consensus on the need. What we need is a genuine spirit of
bipartisanship in the Senate to bring us forward to conclusion. We had
that opportunity yesterday.
Certainly, what the House did is a solid start. It would largely
achieve what we would hope to see in a stimulus plan. But, as with many
first attempts, there are clearly some significant holes. The House
plan would get us almost but not quite where we should be. This was our
chance--hopefully, we will revisit it--to get it right. We are not
talking about adding a load of new provisions, as some are implying. We
are talking about making sensible changes to make sure we will have the
most benefit for those most in need, and at the same time, because we
are providing a benefit for those who are most in need, we are helping
achieve the goal we want: stimulating the economy in a way that we will
either avoid a recession--although certainly Wall Street is telling us
they are convinced there is a recession--or at least narrow the time,
the scope, and the impact of a recession.
The value of any plan we consider should be based on one simple
benchmark: the number of people we can reach and how effectively we can
put needed dollars into the economy. Based on that benchmark, the
Senate clearly has a better plan. The economic stimulus package we have
before us is a plan the Senate and the country can get behind. It will
get money into the hands of people who have basic needs to cover,
people who will spend it immediately. That is the first goal of a
stimulus.
Our plan puts rebates in the hands of 20 million seniors. It may not
have been intentional, but the fact is, the House plan leaves out
millions of seniors who are low income, whose primary source of income
is Social Security. In my State of New Jersey, more than 1 million
seniors are eligible for a rebate under the Senate plan. Under the
House bill, they would not receive a dime. If we think there is no
economic link to including seniors, the fact is, seniors spend much
more of their income than any other age group. People over the age of
65 are responsible for a full 14 percent of all consumer spending.
The bottom line is, a true stimulus package would help those who
spend the most and are most in need. The Senate plan does just that.
The Senate plan also reaches another group that is excluded from the
House bill--disabled veterans. Under our plan, we ensure that a quarter
million disabled veterans who would not otherwise receive a rebate will
get a check. When those veterans went to war, they never forgot whom
they were fighting for, and we cannot forget them now.
In several ways, the Senate plan puts resources toward where
economists agree they are most effective--extending unemployment
benefits. It isn't just common sense, because it helps those who are
suffering most. That is, of course, common sense, but it also gets the
best bang for the buck in economic terms. For every dollar we invest in
extending unemployment benefits, we generate $1.64 in economic
activity.
This universe is known. They are out there. They are facing an
immediate challenge. They will have the resources in their hands much
quicker than formulating a rebate check. It is another reason--
timeliness. Despite broad consensus that such a stimulus plan must
include additional benefits for those who have been out of work for an
extended period of time, such benefits are absent from the House bill.
There is no question unemployed workers are facing tough times. Long-
term unemployment is far higher than usual and nearly twice what it was
when we were facing our last recession in the year 2001.
In New Jersey, more than 66,000 workers will be exhausting their
unemployment benefits by June of this year, joining more than a million
workers nationwide facing long-term unemployment.
Last week, almost 70,000 new workers filed for unemployment
benefits--the highest level since Hurricane Katrina.
The need to address the economic hardships facing unemployed workers
is real. We have seen in the past that unemployment benefits have
stimulated the economy in times of hardship, and they should be part of
this plan this time around.
The Senate plan also includes important extensions of tax credits for
energy efficiency and the production of alternative energy, including
solar energy. Credits such as these help consumers purchase new
appliances and greener sources of energy for their home. We also extend
the solar energy credit, which helps drive the purchase of solar
panels. In New Jersey, which is only second to California in the number
of solar installations, this has an enormous impact. This provision
could
[[Page 1545]]
save more than 40,000 jobs, at a time when we see increasing job
losses, and it can do something to help stimulate the economy by the
purchase of these products immediately--so save jobs, purchase
products, make the investments and, at the same time, stem the tide of
the movement toward greater unemployment that we see in the country.
Finally, our plan provides needed relief to industries that are
hurting and may have to lay off employees in the coming months. I am
pleased this package takes into account the unique challenges facing
the housing industry right now. We all know this is a sector of our
economy that is under incredible strains right now. The Senate plan
would ensure they are able to spread out their losses so hopefully we
can stop some of the bleeding in the housing sector and, in the
process, prevent thousands from losing their jobs.
This stimulus package we have before us is not perfect. Some of us
would have liked to have included increased Medicaid payments to
States, which would have provided a needed boost to States struggling
to provide health care. But the fact is, if we only pass the House
version, we would be falling far short.
All of what I have talked about--20 million seniors, a quarter
million disabled veterans, the essence of how the provisions on the
housing components were included, the whole question of the universe of
the unemployed seeking to get a job, not being able to find it, and not
having the resources to sustain themselves and their families--all of
that would not be in the plan. All of that would not be in the plan.
We can do this. Of course, that is in addition to the rebates for
both single people and married couples and married couples who have
children who are already a part of our package as well, building upon
the House proposals.
So let's pass a package that has the widest possible impact. Let's
pass a package that does not leave out 20 million seniors, that takes
care of a quarter million disabled veterans, and provides rebates to as
many Americans as possible.
That is acting wisely, and it can be done quickly. We need our
colleagues to join with us in the sense of urgency that exists, and to
say to those 20 million seniors, those quarter of a million veterans,
the millions who are unemployed: We stand with you as fellow Americans
in this time of need in turning our economy around for all of us.
That was the choice we had yesterday. I hope we will have that choice
again. I hope the hearts of some will be softened in this process and
that they will cast a vote to move in a much different direction.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Rhode Island is recognized.
____________________
WIRED FOR HEALTH CARE QUALITY ACT
Mr. WHITEHOUSE. Mr. President, today I rise to speak for a few
moments about health care and to recognize the extraordinary work four
Members of this body have done to promote an integrated, interoperable
health information technology infrastructure in this country. Senators
Kennedy and Enzi on the HELP Committee, Senator Hillary Clinton, and
Senator Hatch, along with their talented staffs, have balanced a
tremendous number of interests to put forward a very promising first
step in our long journey toward reforming our ailing health care
system. I commend their tremendous effort in drafting the Wired Act. I
look forward to working to see strong health information technology
legislation passed in the Senate, in the House, and signed into law by
the President.
Adoption of health information technology is a vital part of saving
lives and lowering costs in our health care system. The RAND
Corporation estimates, in its most conservative estimation, that a
national, interoperable HIT system could save $81 billion per year. As
Senators Kennedy, Enzi, Clinton, and Hatch are so aware, America's
health care information infrastructure is decades behind where it
should be. We are losing billions and billions of dollars--I sound like
Carl Sagan: billions and billions of stars--billions and billions of
dollars to waste, inefficiency, and poor quality care as a result of
that failure. Ultimately, and most tragically, lives are lost to
preventable medical errors because health care providers do not have
adequate decision support for their determinations on medical
treatment, medication, and so forth.
I am an enthusiastic supporter of health IT as one mechanism of
fixing our broken health care system. In fact, one of the first bills I
introduced as a Senator was the National Health Information Technology
and Privacy Advancement Act, in which I proposed a national not-for-
profit entity with Presidential appointment subject to advice and
consent of the Senate, possessing rulemaking power to set national
standards under the Administrative Procedures Act, and with the ability
to set licensing and access fees to raise capital for necessary
investments outside the Federal budget process.
I still believe that is the best and most effective kind of
authority. I also recognize there are many good ideas out there. But
time is short. We cannot snap our fingers and be an IT-enabled health
care environment. Development, testing, buildout, and adoption will all
take time. We do not have much time. A tsunami of health care costs is
sweeping down on us, inevitably, as baby boomers age and costs
increase.
The Comptroller General of the United States has warned us of what he
called ``unprecedented stormy seas ahead that threaten to swamp the
ship of state.'' He testified that ``we've never seen anything like
what we're headed into''--never in our history. Our present Federal
health care liability, if nothing changes, is $34 trillion. That is a
``34'' with 12 zeros behind it. It comprises the bulk of the $53
trillion in Federal liabilities we are presently obliged to pay in
coming years. Now--now--is the time to get started in humane ways to
avert this fiscal crisis. Health IT is a baseline platform necessary to
even try to respond humanely to the looming crisis.
Unfortunately, in moving toward our ultimate objective, we must
realize that health IT adoption alone will not stop the tidal wave of
health care costs. As I think we all know, our health care system is
broken in more ways than one. Look at the signs of its failure.
The number of uninsured Americans is climbing and will soon hit 50
million. Despite the best doctors, the best nurses, the best equipment
and procedures, and the best medical education in the world, as many as
100,000 Americans are killed every year by unnecessary and avoidable
medical errors. Life expectancy, obesity rates, and infant mortality
rates are a cause for national embarrassment compared to other
industrialized nations. The annual cost of the system exceeds $2
trillion, and is expected soon to double.
We spend more of our country's GDP on health care than any other
industrialized country: 16 percent--double the average of the European
Union. More American families are bankrupted by health care costs than
any other cause. There is more health care than steel in Ford cars.
There is more health care than coffee beans in Starbucks coffee.
Hospitals are broke. Doctors are furious. Paperwork is choking the
system. This system is crying out for reform.
I believe that comprehensive restructuring of our health care system
must rapidly address three critical issues. As I have already said, the
first is the development of a national, interoperable, secure health
information technology infrastructure. But there are two other equally
important issues: One, the American health care system must invest
properly in quality and prevention, promising areas where better care
actually lowers cost; and, two, the way we pay for all this, the way we
pay for health care, sends perverse price signals that drive market
behavior away from the public interest, that drive behavior away from
what we want.
So these are the three critical issues at the core of the health care
crisis in this country--inadequate health information technology,
inadequate attention to quality and prevention, and a perverse price
signal system.
Let us look first at how improved quality of care can lower cost.
That
[[Page 1546]]
intersection of where improved quality of care and lower cost intersect
should be our national holy grail in health care. The Keystone Project
in Michigan shows how effective this can be. It went into a significant
number of Michigan ICUs--not all of them but a significant number--to
improve quality and reduce, for instance, line infections and
respiratory complications. Between March 2004 and June 2005, the
project saved 1,578 lives--in just that year and 2 months. It saved
81,000-plus patient days that otherwise would have been spent in the
hospital, saving over $156 million. It is a win-win.
The Rhode Island Quality Institute in my State took this model
statewide, with every hospital participating, and we are already seeing
the number of hospital-acquired infections declining, and the costs
declining as well. The same principles can be applied to prevention, as
well as to quality improvement.
Local efforts around the country, such as the Rhode Island Quality
Institute, Washington State's Puget Sound Health Care Alliance, and
Utah's Health Information Network, are leading the way. We need, as a
nation, to get behind these State and local efforts. As many Members of
the Chamber know, any good business needs to do research and
development and these local efforts are the R&D on which we can base
reform of our broken health care system.
All across America, in local communities, where people know and trust
each other, the reforms of our system are being dreamed, negotiated,
tested, and implemented. We need to nourish this effort, and I thank my
15 bipartisan cosponsors for supporting a small grant program I
proposed to do just that.
Now, consider why this quality reform is not happening spontaneously
all over the country if those big savings are there waiting to be
tapped. Think of Michigan: In 15 months, in one State, with not even
all of the intensive care units participating, $156 million was saved.
A report out of Pennsylvania showed they spent over $2 billion a year
on hospital-acquired infections.
Why is quality reform not happening everywhere? Well, primarily
because the economics of health care punish you if you try. For
example, a group of hospitals in Utah began following guidelines of the
American Thoracic Society for treating community-acquired pneumonia.
Significant complications fell from 15.3 percent to 11.6 percent.
Inpatient mortality--a nice way of saying fewer people died--fell from
7.2 percent to 5.3 percent, and the resulting cost savings exceeded
$500,000 per year.
Sounds like another success story. But the net operating income of
the facilities participating dropped by over $200,000 a year because
the treatment that resulted in the healthier patients was reimbursed at
$12,000 per case less.
In Rhode Island, we saw the same thing. When we started the ICU
reform, I talked to the Hospital Association of Rhode Island, and they
estimated a $400,000 cost per intensive care unit, but as much as $8
million in savings--a 20-to-1 payback. I said: Why not go for this?
They said: You don't understand. All the savings go to the insurers.
For us, this is $400,000 cash out of our pockets, and potentially $8
million out of our top line in revenues.
Name a business that will sensibly invest $400,000 out of its cash to
lose $8 million in revenues. With reimbursement incentives like those,
it is no wonder reform is such an uphill struggle.
We are at such a primitive stage in developing cost-saving, quality
measures, and the economics work against us, so we have to tackle this
now. An idea that will get us started: In my Improved Medical Incentive
Act, I propose that State medical societies and specialty groups be
allowed to present ``best practices'' to their local State health
departments. If they do, and a Health Department determines this is a
best practice that will save money and save lives, then two
consequences follow. CMS would be obliged to create a pricing
differential favoring those best practices, and private insurers would
be forbidden to deny claims for services consistent with the approved
best practices. If people want to object, fine. Go to the hearing.
Let's do this in a regular fashion.
The determination of what gets paid for in our health care system
right now is made in back rooms of the claims denial operations of
insurance companies in scattered fashion, largely without oversight or
review and laboring under heavy conflict of interest. If we move that
determination toward proper formal hearings, we can expand statewide
best practices in a way that the economics will support.
Our health care problem is serious, it is vast, and it is looming.
Health care IT is a crucial instrument in the health care reform
toolbox, but it is not an end in itself. To fully realize its benefits,
it must be coupled with a focus on quality improvement and a
realignment of payment incentives. These three elements must move
forward together.
Let me emphasize in conclusion as energetically as I can: The time is
now. Time is wasting now. The need is urgent. It may not feel like it,
but solving this problem with system reforms such as this will take
several years. If we don't start now, when the fiscal tsunami hits, we
will be left with only fiscal solutions to the problem. It is immediate
ones but unpleasant ones, including massive tax hikes or massive
benefit cuts. If we are standing here, and if I am standing here 5 or
10 years from now having that tragic choice in front of me, well, shame
on us if in our folly, in our improvidence, we were too intellectually
lazy and too bereft of basic foresight to have taken the steps now that
could have averted that sickening choice.
As my colleagues know, we are seeing the beginnings of this debate
now. The Bush administration has squandered its opportunity for
meaningful health information technology reform, has squandered its
opportunity for meaningful quality reform, and has squandered its
opportunity for meaningful reimbursement design reform. Now, in the
2009 budget the President presented, he is proposing deep cuts in
Medicare. We have to get ahead of this problem. This is a wake-up call.
The time is now.
I look forward to working with my colleagues on both sides of the
aisle to get this important work done.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. FEINGOLD. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
RECESS
The PRESIDING OFFICER. Under the previous order, the Senate stands in
recess until 1:15 p.m.
Thereupon, the Senate, at 12:30 p.m., recessed until 1:17 p.m., when
called to order by the Presiding Officer (Mrs. McCaskill).
____________________
MORNING BUSINESS
Mr. REID. Madam President, I ask unanimous consent that there be a
period of morning business until 2 p.m., with Senators permitted to
speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BROWN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
CELEBRATING BOY SCOUT DAY
Mr. BROWN. Madam President, 98 years ago today, William Dickson Boyce
created one of this country's longest standing and most important
[[Page 1547]]
community organizations--the Boy Scouts of America. Today, we join
Scouting groups across the country and Ohio--Toledo and Cincinnati,
Chillicothe and Lakewood--in celebrating Boy Scout Day.
The Boy Scouts of America has a rich tradition of teaching valuable
skills to the young men of this country. The values which Scouting
instills--fairness, honor, courage, and respect for others--prepare
young men to serve their families and their Nation.
There are more than 3 million boys in the Scouting program, and in
the past year alone Scouts have earned nearly 2 million merit badges
and completed more than 33 million hours of community service.
As an Eagle Scout, I recognize the hard work involved in Scouting and
commend the dedication and commitment of Boy Scouts and the Scouting
movement across our country. The journey to Eagle is sometimes
difficult, often fun, occasionally disappointing, and always rewarding.
My time as a Boy Scout, in the end, provided me with opportunities to
develop leadership and organizational skills, helped me to clarify and
articulate my guiding principles, and instilled a commitment to public
service.
The emphasis on community service I learned with Troop 110 in
Mansfield, OH, has strongly influenced my lifelong commitment to public
service. The memories and lessons of Camp Avery Hand and Philmont Scout
Ranch, of success and failure in earning merit badges, will always
remain with me.
The Scout Law is a framework that continues to inspire my work to
this day:
A Scout is Trustworthy, Loyal, Helpful, Friendly,
Courteous, Kind, Obedient, Cheerful, Thrifty, Brave, Clean,
and Reverent.
I am a proud supporter of the Boy Scouts of America. I hope my
colleagues will join me in celebrating Boy Scout Day.
____________________
TRADE POLICY
Mr. BROWN. Madam President, the United States should not be playing
Russian roulette with our Nation's economy and our Nation's future. We
need to craft trade policies that deliver the long-term results we
need, not just the short-term profits which a few multinational
corporations want and which those multinational corporations
incessantly lobby this institution to get.
In his State of the Union Address, the President advocated signing
more free-trade deals. Given where past trade deals have led this
country, the President's dogged pursuit of outdated trade deals would
be perplexing if it weren't simply more of the same and par for the
course. When it comes to trade, it is often the case that ideology
trumps outcomes, and it is always the case that special interests trump
American interests. Looking at where our Nation is headed, advocating
common sense is a luxury we can no longer afford. We need to confront
the problems our lax trade policies have engendered, and we need to do
it now.
We are running a huge trade deficit. When I was elected to the House
of Representatives in 1992, our trade deficit was $38 billion. In 2007,
it exceeded $800 billion. The first President Bush said that a billion-
dollar trade deficit translated into 13,000 jobs. Do the math and see
what damage these trade deficits--from $38 billion a decade and a half
ago to over $800 billion today--have caused us. We are bleeding jobs,
and we are letting dangerous products cross our borders and land in the
hands of our families and children.
When we write trade deals that favor gains for multinational
corporations over evenhanded competition for both trading partners, we
shouldn't be surprised when U.S.-based companies are crippled. Our
current trade policy betrays our Nation's middle class, it cripples
America's small business--especially manufacturing--and it destroys
communities across the country.
I was recently in Tiffin, OH--a community of about 20,000 people
about an hour from Toledo in northwest Ohio--talking with workers from
American Standard. American Standard is a company that makes plumbing
fixtures and that most Americans are familiar with. These workers' jobs
have recently gone to Mexico and China. A venture capitalist--in this
case, Bain Capital out of Boston, MA--came in and bought the company,
shut it down, and moved the production overseas. Many workers lost much
of their pension and their health care that they had worked for decade
after decade. Many of these workers are in their fifties and won't be
able to find jobs in Tiffin that pay anything close to the money they
had earned. Many of them lost their pensions, their health care, while
enriching Bain Capital to the tune of tens of millions of dollars.
These are not trivial matters. These are workers in Ohio and across
the country, workers who are often in small towns and don't have the
option of finding comparable jobs anyplace nearby to support their
families and ultimately to benefit from the pension and the health care
they have earned--they have earned.
Free trade is a dangerous myth--a false idol. Trade has never been
free. Even the most basic of barter systems have been guided by rules.
Today's free-trade agreements are ripe with rules, rules that are
clearly producing the wrong results for our Nation--deficits, job loss,
dangerous imports, and compromised manufacturing capabilities.
Again, there are rules. The North American Free Trade Agreement was
sold to us a decade and a half ago simply by saying this will reduce
tariffs and open markets in Mexico and in Canada for U.S. goods. But it
was 2,000 pages. So it wasn't simply a free-trade agreement; it was a
trade agreement replete with rules that supported and helped those
special interests--special interest investors and companies that wanted
to privatize, that wanted to outsource, that wanted to use these rules
to make more money for the companies at the expense of workers in
Mexico, in Canada, and in Gallipolis, Portsmouth, and Cleveland, OH.
I am proud to join with Senator Dorgan of North Dakota, who has been
a leader on trade policy. He even wrote a book called ``Take This Job
and Ship It'' about trade and is proposing that we take a far more
pragmatic approach to U.S. trade policy, one based on achieving
positive results and on accountability. Thanks to his leadership, we
have legislation that would focus trade policy away from the blind
adherence to outdated trade agreements and toward policies that
increase U.S. trade, that bolster U.S. jobs, that lift our communities,
and that will reinforce U.S. manufacturing in the days and years ahead,
and toward a trade policy that builds our Nation's middle class.
His bill establishes concrete benchmarks for trade bills. It is a
commonsense idea, a prescription for U.S. success in a global trade
arena that will help us bring back the manufacturing base in this
country. We should pass this bill and also take immediate steps to
address the dysfunction that has infiltrated virtually every aspect of
our trade relationship with China.
China is manipulating its currency, it is low-balling the price of
its exports through Government subsidies, it is sending our Nation
dangerous toys and contaminated food, it is generating unheard of
levels of pollution, and the list goes on and on.
Last month, New Page, a paper manufacturing company based in
Miamisburg, a town in southwest Ohio, announced it was shutting down
plants in Wisconsin, in Maine, and in my State of Ohio, in the city of
Chillicothe, once the State capital.
Heavily Government-subsidized Chinese paper producers account for 50
percent of the world's market. Fifty percent of the world's paper
producing is in China and is heavily Government subsidized in China. It
has meant the loss of jobs in places such as Chillicothe and Dayton and
all over my State and this country. It is not free trade. The Chinese
have benefited. And when I say the Chinese, I don't mean Chinese
workers, I mean the Communist Party of China, the Government, the
People's Liberation Army, and too often U.S. investors who are so often
complicit with the Communist Party and the People's Liberation
[[Page 1548]]
Army and the Chinese Government. Think about that. It is not free trade
with China; it is a wreck.
These factors, in addition to low wages, in addition to unsafe
working conditions, and the absence of worker rights have contributed
to the loss of millions of manufacturing jobs and our country's
reliance on imports.
What does that mean for the future? When I look around this Chamber,
I see seven young pages, high school students who work here--and
several on the other side, too, whom I can't see; I apologize--and I
think about what their world is going to look like in 20 years. Are we
going to look back and say: Why did we give away our country? Why did
we sacrifice our national security and our economic security and
outsource all these jobs and outsource all this wealth and watch a
middle class decline? Is that what we are going to look back on in 20
years and say? Why did we let this happen? How did we let this happen?
Madam President, restoring sanity to our trade relationship with
China should be an immediate, No. 1 domestic and international priority
for this Nation.
Last week I was joined by seven freshmen colleagues affirming that
our trade policy should focus on China; that is, our trade priority. We
need to imagine 20 years from now, as I said, what is manufacturing in
our country going to look like? This country's wealth--much of it--has
been dependent on manufacturing, on making everything from newsprint to
airplanes, being able to manufacture and create wealth in small towns
and large cities alike.
Instead of littering our Nation's path with more flawed trade
agreements, we should say: Time out. No more trade agreements. Look
back, establish this commission we have discussed that will look at
both parties, both houses, look back at what our trade policy--what
NAFTA, what CAFTA, PNTR with China, what our other bilateral smaller
trade agreements have done, what they have done to our country, what
have they done for our country, make that analysis and then fix those
trade agreements and move forward.
It is not in the Nation's best interests to rely on other nations for
our defense infrastructure, for our transportation infrastructure, for
our industrial infrastructure, for creating the wealth in our
communities that manufacturing does. In this country, we do the best
research and development in the world. Yet multinational corporations
often take that research and development and do the production in other
countries.
Sure, there are great jobs in research and development. It is good
for our country. We should continue to give tax incentives for that
research and development, but it is more than that. It is also what do
you do afterwards, in commercializing, in producing and manufacturing
those products the research and development has generated? That is the
larger number of jobs, that is the greater part of the wealth creation,
that is what is essential to providing the goods and services in our
communities for police and fire and education and all of what that
means.
We cannot simply continue to do the R&D and then farm out the
production to exploit low-wage workers, exploit the consumer product
and food safety net. Because that is what happens. When this research
and development is done in the United States, and the production is
moved to China, it is moved there to exploit low-wage labor, and it is
moved there as a way, frankly, in many cases, or at least it becomes
that, that we end up with inferior, less safe, less high-quality
products back into our country.
We need to take responsibility for the consequences of our inaction
when it comes to trade policy and take responsibility for the mistake
we have made in formulating trade policy. We need to do it now.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Salazar.) The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. McCASKILL). Without objection, it is so
ordered.
____________________
RECOVERY REBATES AND ECONOMIC STIMULUS FOR THE AMERICAN PEOPLE ACT OF
2008
Mr. REID. Madam President, I ask unanimous consent that the Senate
now resume consideration of H.R. 5140 and that the pending motion and
all amendments be withdrawn; that the amendment, which is at the desk,
be the only amendment in order; that there be 20 minutes of debate with
respect to the amendment, with the time equally divided and controlled
between the leaders or their designees; that upon the use or yielding
back of that time, the Senate proceed to vote on the amendment; that
upon disposition of the amendment, the bill, as amended, if amended, be
read a third time, and without further intervening action or debate,
the Senate proceed to vote on passage of the bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Madam President, let me mention, it is a bipartisan
amendment--Reid-Baucus-Grassley-McConnell-Stevens.
The PRESIDING OFFICER. The Senate will resume consideration of H.R.
5140, which the clerk will report.
The bill clerk read as follows:
A bill (S. 5140) to provide economic stimulus through
recovery rebates to individuals, incentives for business
investment, and an increase in conforming and FHA loan
limits.
Amendment No. 4010
(Purpose: To revise the eligibility criteria for the 2008
recovery rebates for individuals.)
The PRESIDING OFFICER. The clerk will report the amendment.
The bill clerk read as follows:
The Senator from Nevada [Mr. Reid], for himself, Mr.
McConnell, Mr. Baucus, Mr. Grassley, and Mr. Stevens,
proposes an amendment numbered 4010.
Mr. REID. Madam President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mr. REID. Madam President, I ask that the vote occur at a time to be
determined. We will decide what time the vote will occur because there
are people who are not ready to vote right now. They are wandering
around town.
The PRESIDING OFFICER. Without objection, it is so ordered.
The minority leader.
Mr. McCONNELL. Madam President, I ask unanimous consent that in
addition to myself, Senator Reid, Senator Baucus, and Senator Grassley,
Senator Stevens be added as an original sponsor of the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Democratic leader.
Mr. REID. Madam President, a key provision in the Senate Finance
Committee package was an extension of unemployment benefits. This is
one of the most effective ways to stimulate the company. These benefits
can be distributed quickly, and they are likely to be spent.
This is not a matter of ideology; it is matter of economics. And a
broad range of economists agrees with this. Even Alan Greenspan, hardly
a liberal Democrat, has testified in favor of expanding unemployment
benefits during periods of economic slowdown. Expanding unemployment
benefits works, and this is a matter of basic compassion.
The long-term unemployed are among those Americans with the most
pressing needs. Unfortunately, there are well over a million Americans
who are expected to exhaust their regular unemployment benefits between
January and June of this year. They need our help. If we extend the
same assistance to them that we have to the long-term unemployed in the
past, our entire economy will benefit.
So I ask unanimous consent that, notwithstanding the previous
unanimous consent agreement, the unemployment insurance provision of
the Senate Finance Committee package be added as an amendment to the
bill currently before the Senate.
[[Page 1549]]
The PRESIDING OFFICER. Is there objection?
Mr. GREGG. Madam President, reserving the right to object, I simply
note that when unemployment exceeds a certain level, there is reason to
extend it, but this Nation's unemployment now is under 5 percent which
is deemed to be full employment. There is no trigger attached to this
proposal.
In a State such as New Hampshire where unemployment is at 3.6
percent, an extension might have an opposite effect. Rather than
stimulating the economy, it might undermine the ability to create more
productivity. So I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Madam President, the State of Nevada is 5 percent, as is
Michigan and a number of other States. It would not apply to every
State but some States. I am disappointed my friend objected to the
request, but I understand.
The stimulus package I introduced earlier this week included a $1
billion increase for the Low-Income Home Energy Assistance Program, or
LIHEAP. I commend my colleagues, my friend Jack Reed, Bernie Sanders,
Susan Collins, and a number of others, for their strong advocacy for
LIHEAP and for the broad support that they have helped build for the
program. They know LIHEAP is critical for many Americans who otherwise
will be forced to choose between heating their homes, putting food on
the table, or buying medicine or gas for their car. These are people
who will spend any additional assistance and help stimulate the
economy.
So I ask unanimous consent that, notwithstanding the previous
unanimous consent agreement, the LIHEAP provision in the previously
withdrawn first-degree amendment be added as an amendment to the bill
currently before the Senate.
The PRESIDING OFFICER. Is there objection?
Mr. GREGG. Madam President, reserving the right to object, I note
that I strongly supported LIHEAP and have supported it on numerous
occasions and continue to support its expansion. I happen to believe it
should be paid for. I don't think we should pass on to our children and
our grandchildren the cost of the oil bills today. We should expand
LIHEAP, but as part of expanding LIHEAP, we should offset that with an
offsetting savings somewhere else. So at this time I have to object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Madam President, I am on my best behavior today, so I am
not going to dwell on the fact that the war has cost us about $800
billion, all borrowed money. But I understand the objection to this
LIHEAP amendment.
Mr. GREGG. Madam President, if the Senator will yield, I also am on
my best behavior today, I can assure the majority leader. I have other
unanimous consent requests I wish to make, but I am reserving my
energy.
Mr. REID. Madam President, the Senate Finance Committee package
contained tax incentives to encourage the development of alternative
and renewable sources of energy, as well as investments in energy
efficiency.
Senator Cantwell has been a champion of these provisions. There is
not enough I can say to commend her for her good work. It is
outstanding.
These tax incentives make sense from the standpoint of our economy
and our Nation. They would create jobs for Americans and, in the
process, they would reduce our dependence on foreign sources of energy.
I have seen the importance of developing alternative renewable
sources of energy in Nevada. The geothermal industry has taken off in
my State, providing hundreds of jobs for Nevadans and increasing
Nevada's energy independence.
So I ask unanimous consent that, notwithstanding the previous
unanimous consent agreement, the energy tax provisions in the Senate
Finance Committee package be added as an amendment to the bill
currently before the Senate.
The PRESIDING OFFICER. Is there objection?
Mr. GREGG. Madam President, reserving the right to object, I am very
sympathetic to the work of the Senator from Washington. She does
exceptional work. As a practical matter, I am always interested in
areas where we can develop energy and alternative energy, but that is
not part of a stimulus package.
These tax credits would essentially not kick in for literally years,
in many instances, and are not going to do a great deal of stimulating
and should not be added to the package. So on behalf of the leadership,
I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Madam President, the Finance Committee, rightfully so, by
an overwhelming bipartisan vote, agreed to include a provision in this
legislation that is designed to help homeowners avoid foreclosures by
allowing them to refinance. The President of the United States proposed
this in his State of the Union Address, and this proposal has been
championed by my friend, the distinguished junior Senator from
Massachusetts, Mr. Kerry. It also would add $10 million in bonds that
States could use to help address the serious housing crisis facing our
country. They can sell homes that are in foreclosure or refinance
loans.
I commend Senator Kerry for getting this proposal added in the
Finance Committee. It makes tremendous sense. I suggest it would be the
right thing to do. The President supports it--or said he did in the
Finance Committee--and I hope we can get agreement on it.
I therefore ask, Madam President, that, notwithstanding the previous
unanimous consent agreement, the mortgage revenue bond provision in the
Finance Committee package be added as an amendment to the bill
currently before the Senate.
The PRESIDING OFFICER. Is there objection?
Mr. GREGG. Madam President, reserving the right to object, I think
this proposal makes a great deal of sense, but in the name of the
Speaker of the House, I would have to object. So I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Madam President, I don't know if there is an economist who
disagrees--there could be; I don't know who it would be--that the best
way to stimulate the economy is to get money into the hands of those
who will spend it immediately and the people who need it the most. That
is why, according to more than one economic study, the absolutely best
way to stimulate the economy is to increase food stamp benefits.
According to that study, for every $1 allocated to food stamps,
economic activity is increased by $1.84. That is the best thing we
could do. It is the best bang for the buck.
I therefore ask unanimous consent that notwithstanding the previous
unanimous consent agreement, the underlying bill be modified by adding
a provision that would appropriate $5 billion to increase nutritional
assistance for the rest of the calendar year.
The PRESIDING OFFICER. Is there objection?
Mr. GREGG. Again, this package was worked out between the House
Republican leadership, the House Democratic leadership, and the
administration, and basically the purpose here is to move the package
quickly. That was not part of the package. Therefore, on behalf of the
leadership, I would have to object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Madam President, it is my understanding that there is now
20 minutes allocated, 10 minutes for me and 10 minutes for Senator
McConnell; is that correct?
The PRESIDING OFFICER. That is correct.
Mr. REID. Madam President, 2 weeks ago, the majority of Senate
Republicans was quick to endorse the House stimulus bill with no
revisions, even though they knew it was inadequate and that the Senate
had an obligation to improve the bill and to deliver a timely,
temporary, and targeted bill by Presidents Day weekend. We have done
that. Senate Democrats, and with the help of a number of Republicans in
the Senate, joined to move forward. It is our responsibility to pass
the strongest bill we can, and we have done that.
[[Page 1550]]
If we had listened to the advice of the House, we would have 21\1/2\
million seniors with nothing out of this package. If we had listened to
the advice of the House, 250,000 disabled veterans and their widows
would have been left behind. We have been able to make the House bill
better, and I am pleased with that result.
There is much more to do, and that is why we focused today, as we did
for a few minutes, on what is not being done. But I think we all have
to acknowledge that the House bill has been improved significantly. We
have gotten the President to agree the House bill was not perfect. I
have said before that I wish there had been another vote. There wasn't,
and I accept that. But I think we have to look at the good work that
has been done.
I can't leave this floor without expressing my appreciation to the
Finance Committee, led by Senator Baucus and Senator Grassley. They
have been champions of the American people. The American people have
witnessed the last couple of weeks a lot of disagreements here on the
Senate floor. We have had two difficult issues, the Senate stimulus
package and the Foreign Intelligence Surveillance Act. We are basically
about ready to finish the stimulus package, but we will be back and do
more to help stimulate the economy.
Today, though, I think we should feel good about what we have done.
Fifty-nine of us believe the country needs an economic stimulus, and we
voted that way yesterday. Everybody in the Senate, I believe--and I am
confident, with rare exception, that it is true--we cannot have an
economic stimulus package and leave behind senior citizens and our
wounded veterans, and we haven't done that. We have picked them up. I
am confident we will do better.
I extend my appreciation to the distinguished Republican leader. It
has been difficult to work through all this. And while it didn't work
through the way I wanted it, it worked through a lot better than if we
had accepted the House bill. I feel better today. The American people
are going to be better off as a result of the work done in the Finance
Committee by Senators Baucus, Grassley, and the entire Finance
Committee.
Madam President, I reserve my time.
The PRESIDING OFFICER. The Republican leader is recognized.
Mr. McCONNELL. Madam President, let me say to my good friend, the
majority leader, we are on the verge here of an important bipartisan
accomplishment. The American people looked with incredulity to a press
conference a couple of weeks ago among the Speaker of the House, the
House Republican leader, and the Secretary of the Treasury indicating
they had reached an agreement for a stimulus package that would be
timely, targeted and, as the Speaker said, temporary. We have now,
after going through the legislative process here in the Senate, been
able to reach an important bipartisan agreement that will be supported
by the majority leader, myself, Senator Baucus, Senator Grassley, and
Senator Stevens, who was the principal cosponsor of an amendment I had
indicated a couple of days ago we would offer.
This is the Senate at its finest, recognizing that this was an
opportunity to demonstrate to the public that we could come together,
do something important for the country, and do it quickly. The
legislative process is frequently time consuming, complicated,
laborious, and slow, and I think we have demonstrated today, or will
demonstrate shortly, when we cast this vote, that we were able to put
aside our differences, not only here in the Senate but with our
colleagues in the House, as well, and the administration, to make an
important statement that we are concerned about the slowing of our
economy and we want to do something significant about it very quickly.
So I think this is a fine day, a great day for the Senate, and
something we can all feel good about.
I again commend the majority leader for his spirit in working this
out, and congratulate the Senate and both parties for what I think will
be perceived by the American people as a significant accomplishment for
our country.
Mr. McCAIN. Madam President, I want the record to be clear that I
fully support swift enactment of an economic stimulus measure. Having
spent the past weeks and months traveling across America, I have heard
first-hand of the difficulties facing so many hardworking families. I
am pleased that the majority and the minority have finally reached an
agreement to allow us to improve the underlying bill to address the
needs of seniors and disabled veterans, and to close a loophole in the
bill concerning the distribution of rebates. Now, we will be able to
pass this measure today.
The bill pending before the Senate--a compromise product between the
House and the President--is not perfect. Certainly we can all agree on
the important yet limited improvements I mentioned such as ensuring our
senior citizens and disabled veterans are not left out of this stimulus
package. While perhaps none of us will be fully satisfied with the
final measure, we simply cannot afford to include every member's wish
list in this package. I believe the measure we will send to the
President is one that almost all of us can and will support.
Beyond the short-term economic fix being debated, we must also
consider the best long-term economic approach and to take action
accordingly. In my judgement, there is no question that Congress must
reign in wasteful porkbarrel spending. We need to make permanent the
2001 and 2003 tax cuts at our soonest opportunity and avoid a crippling
tax increase for millions of Americans. We should eliminate the AMT,
the poster child for the notion of unintended consequences, which
threatens to affect millions of middle class families. These are steps
we should take now to end the uncertainty facing American families and
businesses.
America has the second highest corporate tax rate in the world.
Cutting corporate taxes will spur economic growth immediately and over
the long run. We need to allow first year expensing of technology and
equipment investment for businesses, which would further simplify our
code and provide incentives for capital expenditure. We must also work
to reform and make permanent the research and development tax credit so
that our businesses can do what they do best--create jobs and expand
innovation--without the continued uncertainty of the whims of Congress.
These are important and necessary steps toward reforming our tax code
to make it simpler, flatter, and fairer for all Americans.
Clearly, we have much ahead of us to do and the American public is
counting on us to fulfill the jobs that they sent us here to do. I, for
one, have heard the voters. They want us to work together to stimulate
and strengthen our economy and promote our Nation's long-term economic
growth. Let's finally pass the economic stimulus plan and send it to
the President. After all, time is of the essence if this effort is to
be successful. The American public is waiting.
Mr. FEINGOLD. Madam President, I will support the bipartisan stimulus
package today. It is better than doing nothing at all but not as good
as we might have made it.
I commend the Finance Committee chair and ranking member, as well as
our majority leader, Senator Reid, for their untiring efforts to make
improvements to the House-passed stimulus package. In the last few
weeks, there has been a broad consensus that a properly crafted fiscal
stimulus package could help ease the economic downturn we are
experiencing. The measure passed by the House was a step in the right
direction, and the amendment we will adopt today will improve on the
House bill. Notably, the bipartisan amendment will ensure that 20
million lower income seniors who rely primarily on Social Security will
be included in the tax rebate program, and it will do the same for a
quarter of a million wounded veterans with lower incomes.
I regret that a particularly effective and desperately needed
provision from the Finance Committee proposal was dropped from this
agreement; namely,
[[Page 1551]]
an extension of unemployment insurance benefits for the long-term
unemployed. Not only was that provision the right thing to do to
cushion the impact of this economic downturn on those who have been out
of work for half a year or more, but we know from past experience that
such a provision was one of the most effective ways to stimulate the
economy. Another provision we should have included in this package,
expansion of food stamps benefits, also shares those attributes. I very
much hope that soon Congress will act on those two ideas.
Finally, I was disappointed that little or no effort was made to
ensure the cost of this stimulus package would not add to our already
mountainous public debt that will be borne by our children and
grandchildren. Make no mistake; there is no free lunch here. Even
though no offsetting savings were included in this package to defray
its cost, the bill will be paid--if not by this generation, then
certainly by coming generations. Our children and grandchildren will
pay for our stimulus package.
Congress owes those future generations some consideration. We should
return to the fiscally responsible budgeting of the 1990s, when we
actually balanced the Federal books and began to pay down the Federal
debt. We need not do so in a way that hurts the present economy, but
paying for this stimulus package over the next 5 years or so would not
undermine current economic growth, and Congress should consider such an
approach.
Mr. LEVIN. Madam President, for too long the Federal Government has
stood idle as Michigan's unemployment rate has soared, 3 million
manufacturing jobs have been lost, and working families have felt the
squeeze of the rising costs of energy, health care and food. I am glad
that we are moving today on these short-term measures to stimulate our
lagging economy--heaven knows we can't afford not to. But there is more
we must do to fight for American jobs, and I am disappointed that the
Republican Leadership blocked our attempt to significantly improve this
package. I look forward to addressing the shortcomings of this bill
with additional legislation in the near future.
At a minimum, we need to pass the provisions that were in the
amendment offered yesterday that was based on the work done by the
Senate Finance Committee. Unfortunately, that amendment with bipartisan
support fell only 1 vote shy of the 60 it needed to overcome the
Republican filibuster. I am hopeful that under new circumstances we can
get those provisions done.
The Finance Committee amendment would have made this a much better
package for stimulating the economy. Extending unemployment insurance,
raising the cap on mortgage revenue bonds to help keep people in their
homes, and funding the LIHEAP program to help people heat their homes
are all timely provisions that offer temporary assistance that
precisely targets the people who need this help the most. Putting money
into their hands is the most effective way to kick-start our economy in
the shortest time possible.
There are a number of reasons it is important that we ultimately
approve the extension of much-needed unemployment insurance, which most
economists agree is one of the most effective ways to stimulate the
economy, dollar for dollar. Workers who receive these unemployment
benefits--which could reach them in as few as 2 weeks from enactment of
the stimulus--are likely to spend them quickly, making this one of the
fastest ways to infuse money into our economy in the shortterm. In my
own State of Michigan, about 145,000 residents have exhausted their
unemployment benefits and can't find jobs. Between now and June, 72,000
more people will face the same difficult situation. Extending
unemployment insurance during times of recession is nothing new. In the
past 30 years, the Congress has acted three times to establish
temporary extended unemployment benefits, each time during a recession.
Studies indicate that extending unemployment insurance during tough
times provides the best return of economic benefits compared to other
stimulus options, and this money can be distributed within weeks.
Extending unemployment insurance is essential to provide much-needed
support to those who have lost their jobs and are struggling to reenter
the job market.
To achieve success, the second economic stimulus package now being
formulated must also help families stand up against the intensifying
wave of housing foreclosures. More than 89,000 Michigan home loans are
currently in foreclosure and over 40,000 subprime loans have scheduled
rate increases this year. Across the Nation, too many families are at
risk of losing their homes, with devastating consequences. Beyond the
personal impact, rampant foreclosures can decimate communities. Home
ownership is a central tenet of the American dream, but with the number
of home foreclosures increasing at an alarming rate, that dream is
slipping away from Americans across the country.
I am pleased that the bill we will pass today will increase the loan
limits for the Federal Housing Administration, Freddie Mac and Fannie
Mae. These are modest moves in the midst of a full-blown crisis, but it
is better than nothing.
I am hopeful that soon we can also pass the measure included in the
Finance Committee amendment that would have raised the volume cap on
State-issued tax-exempt mortgage-revenue bonds by $10 billion. The
proceeds from these bonds would allow State and local agencies to
provide additional mortgage refinancing options to homeowners so that
they could keep their homes. It is critical that we help prevent the
further deepening of the foreclosure crisis, keep families in their
homes, and protect neighborhoods from the blight which results from
large numbers of vacant houses.
On a positive note, I am glad that we have adopted the Senate's
improvements to what we are calling a ``tax rebate'' program. This bill
will give a tax credit to be sent out as quickly as possible to provide
fast cash for many struggling families, thereby ameliorating their
hardship at the same time as giving a boost to spending. Today's bill
is a package of inclusion, one that recognizes the importance of giving
our Nation's aging citizens and disabled veterans their share of
stimulus support. These tax rebates will give $600 to individual
taxpayers with at least $3,000 of qualifying income, or $1,200 for
married couples filing jointly, and an additional $300 for each
qualifying child. A prudent stimulus package should not neglect the
elderly and disabled veterans, and the tax rebate program we have
adopted includes social security and disabled veterans' benefits as
qualifying income for the purpose of determining eligibility for the
rebate, thereby putting money directly into the hands of some of our
nation's neediest some 20 million seniors and 250,000 veterans. Not
only will this help these folks attend to their families' most basic
needs, but it will further stimulate the economy for the betterment of
the whole Nation.
I am also pleased this package includes tax provisions to stimulate
small businesses, which are the heart of America's economic strength.
It allows small businesses to double the amount they can expense,
meaning immediately write off, their taxes for certain capital
investments made in 2008 from $125,000 to $250,000. It also provides
immediate tax relief for all businesses to invest in new machinery and
equipment by speeding up depreciation provisions, so that firms can
write off an additional 50 percent depreciation in the first year.
However, given the importance of small businesses' contribution to
the economy and to job creation, much more needs to be done to help
small businesses find access to credit in this slowing economy. For
instance, as a member of the Senate Small Business Committee, I have
joined some of my colleagues in calling for a temporary reduction of
fees on small business loans to help reverse the recent decline in SBA
guaranteed lending to small businesses. I think a temporary reduction
in the fees charged to borrowers will put more money in the pockets of
small businesses by lowering their
[[Page 1552]]
monthly loan payments. Equally important is reducing the fees SBA
charges lenders because we need to take steps to make lending to small
businesses more profitable and thus more appealing so that banks will
continue to be willing to make these important loans.
We should also make a one-time enhancement of $10 million to the SBA
microloan program's revolving fund to increase credit availability for
very small business concerns, especially those who face additional
barriers to economic opportunity. The SBA's microloan program provides
funding for small-scale business loans, which banks are typically
reluctant to service.
When the economy is slowing, the Federal Government should be doing
all it can to keep America's small businesses viable so that they can
continue to be the economic engine of our economy that they have been
in the past. I hope some of these ideas will be included in the longer
term stimulus package.
I am also disappointed that this stimulus package does not include
the 1-year extension of the production tax credit for renewable energy,
which was included in the Senate Finance package. Current law provides
a 1.8 cent per kilowatt tax credit for electricity produced from
renewable sources including wind, solar, and biomass, but this
provision will expire at the end of 2008. An effort was made to extend
it for 2 years in the energy bill last year, but that effort also
failed. This tax credit is critical to many developers of renewable
energy projects--without an extension, many projects will be put on
hold because they will be less financially viable. With the tax credit,
these projects can go forward, and provide both investment in the
economy and creation of new jobs.
Failure to approve yesterday's amendment also means that the stimulus
package will not include an additional $1 billion for the LIHEAP
program, which provides energy assistance to many low-income families.
This program has been seriously underfunded for the current fiscal
year, and this additional infusion of LIHEAP funding would have put
money quickly and directly into the hands of individuals who need it.
LIHEAP funds would be spent quickly and immediately, thus stimulating
the economy and providing a vital safety net to families and seniors so
they do not need to choose between eating and paying their energy bill.
In addition to being targeted to those most in need, LIHEAP funding
would provide benefits to the economy. Studies have shown that every
LIHEAP dollar distributed generates up to five $5 of economic activity.
By helping to offset home heating costs, these low-income households
will be able to spend money on other vital essentials that will in turn
help to stimulate the economy.
Beyond needing to ultimately pass the provisions in the Finance
Committee package, it is also important that we take up legislation in
the near future to target Federal spending on infrastructure, advanced
technology and redevelopment projects that will create jobs. Our long-
term economic growth requires investments by the Federal Government to
create jobs and help our businesses grow and compete. Infrastructure
and advanced technology should be our top priorities. Businesses that
are successful are more inclined to hire new workers and expand. In
Michigan, we know that success for many of our industries requires good
roads, safe bridges, and harbors that are dredged to promote dependable
shipping. Immediate Federal spending on infrastructure and dredging
projects can put people to work and lay the foundation for future
economic growth.
Investments in advanced technology can have similar long-term
benefits. For example, developing the next-generation advanced
batteries for hybrid cars could lead to enormous growth of our auto
industry. I have proposed public-private partnerships for research and
development of a host of technologies that offer much potential for job
creation.
No State is struggling more than Michigan in this tough economy, and,
unfortunately, evidence is growing by the day to indicate that families
and workers all across the Nation are facing tougher economic
challenges. I will support this short-term stimulus package as a start,
but I will also continue to push for further, stronger efforts to
address the problems on a broader level.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Madam President, I ask unanimous consent that any votes
regarding H.R. 5140--and there will be either one or two votes,
whatever is determined--we could get by with one vote, but there may be
someone who wants two votes, and if that is in fact the case, we will
have two--that we not start voting until 4:10 this afternoon. I ask
unanimous consent that be the case.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Madam President, I also ask unanimous consent that the time
between now and then be divided between the majority and the minority,
and I would ask the chairman how much time he needs out of the half
hour.
Mr. BAUCUS. Six or seven minutes.
Mr. REID. With 5 minutes to Senator Durbin, 5 minutes to Senator
Murray, 3 minutes to Senator Boxer, and 4 minutes to Senator Salazar.
Mr. GRASSLEY. Mr. Leader, I don't know, but we might want to have
time.
Mr. REID. You have it. I gave it to you.
Mr. McCONNELL. The time is divided.
Mr. REID. And that Senator Schumer have 5 minutes. Does that add up
to more than my half hour?
The PRESIDING OFFICER (Ms. Klobuchar). We are calculating it.
Mr. REID. I don't think it does, but if it does, let's trim it a
little bit.
Mr. McCONNELL. Madam President, parliamentary inquiry: How much time
is on this side?
Mr. REID. A half hour.
The PRESIDING OFFICER. A half hour.
The majority leader has allocated 29 minutes.
Mr. REID. I ask unanimous consent that be the case.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Madam President, I think in the spirit of bipartisanship
today, we will alternate back and forth, Democrat and Republican. The
first will be Senator Baucus.
The PRESIDING OFFICER. The Senator from Montana is recognized.
Mr. BAUCUS. Madam President, this is a big one. The victory before us
is a victory for 20 million seniors who came of age during the Great
Depression and World War II. They have been called the Greatest
Generation. They fought for their country. They gave a lifetime of
labor. They gave a lifetime of service. They paid a lifetime of taxes.
They contribute to our economy today. And now they will get stimulus
checks, too, like other Americans. Today is another victory for the
Greatest Generation.
Today's agreement is a victory for a quarter million disabled
veterans. No one can question their sacrifice. No one can question
their contribution. They have fought for America. Today is a victory
for disabled veterans.
Today's agreement is a victory for the rule of law. That is because
the agreement ensures that the stimulus checks will go to Americans. It
guards against sending checks to people who have violated our Nation's
immigration laws.
Today's agreement is a victory for the Founding Fathers, who created
the Senate and who created the Finance Committee. There were those who
said we should take what the House of Representatives told us to take.
There were those who said we should take what the White House told us
to take. But our Founding Fathers created a legislature with two
Chambers. The Founding Fathers created a government with checks and
balances. Today is a victory for those of us who want the Congress to
work as the Founding Fathers intended it.
Today's agreement is a victory for open government. The elements of
this agreement came out of the open process of the Senate Finance
Committee.
[[Page 1553]]
Americans need not settle for the products of back-room deals.
Legislation gets better when people meet in the open and debate it in
the open this way. That is what we did in the Senate Finance Committee,
and today's agreement is a victory for open government.
Today's agreement is a victory for moderates. Today's agreement is a
victory for men and women of good will, such as Chuck Grassley, Blanche
Lincoln, and Olympia Snowe. Today's agreement is a victory for people
who are willing to reach across the aisle and work with other people of
good will, even if they belong to another political party.
Today's agreement is a victory for people of courage, who were
willing to buck their party's leadership, to buck the administration,
for a better America. Today's agreement is a victory for people willing
to stand up for what they think is right. Senator Grassley and I will
remember who stood with us.
Today's agreement is a victory for a better, more effective economic
stimulus. Economists agree that consumer spending, fueled by tax
rebates, can boost America's economy. Americans over age 65 spend 92
percent of their incomes in any given year. They will spend their
rebate checks quickly, and that will boost the economy quickly.
Most of all, today's agreement is a victory for the American people.
Today's agreement will speed rebate checks to the overwhelming majority
of Americans, giving them needed tax relief. Today is a victory for the
American people.
I thank my colleagues who have supported this package. I thank my
colleagues for their help in crafting it along the way, and I urge the
Senate to adopt it right away.
Madam President, I ask unanimous consent that Senator Lincoln be
added as a cosponsor to the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BAUCUS. Finally, Madam President, I say again how proud I am to
work with my colleague from Iowa, Senator Grassley. He, more than any
other Senator I can think of, always does what is right for his home
State of Iowa and for the country. I know of no Senator with greater
courage than the Senator from Iowa, and I say to everyone, anyone
listening, that we are here today in large part because this is a
bipartisan agreement. We stood together. We did not want to buckle
down, we did not want to cave in to the House and the White House,
because we wanted something a little better--something a little bit
better--and we stood together, worked hard on this Finance Committee
package, with our hearings and amendments we adopted, and we did it
very quickly. So we are going to finally have an agreement by both
bodies and by the White House, and I am quite certain very quickly, so
Americans can get those rebate checks they expected and they deserve to
receive.
The PRESIDING OFFICER. The Senator from Iowa is recognized.
Mr. GRASSLEY. First, Madam President, following on where Senator
Baucus left off, I thank him for his remarks, and I would be glad to
associate myself with them and put his words in my mouth so that I
would say the same thing about him. It is a pleasure to work with him
but, more importantly, a pleasure to have this opportunity to say that
a product we have worked on, that was an expression of 59 Members of
the Senate, is finally going to go to the President of the United
States.
So I say that about Senator Baucus personally, but I also say, for
those people who are listening, and who think that nothing in this city
ever gets done in a bipartisan way, we are proving to the rest of the
Nation that everything in Washington is not partisan and we eventually
get things worked out in a bipartisan way. I will add to that: Nothing
gets done in the Senate unless it is bipartisan.
I would add a second point, and that second point is that a week
before the House of Representatives passed their product, the House of
Representatives, Republican and Democratic leaders, reached an
agreement with the White House of a so-called perfect package that was
going to stimulate the economy. They wanted to get it to the President
immediately, and it was something that the Senate ought to go along
with, without question. Then in a speech a week ago, I spoke here about
the functions of the Senate--to distill and cool and observe and put in
a laboratory the legislation that comes from the other body--and that
it wasn't the function of the Senate to rubberstamp the House of
Representatives.
I mean, we are not, I guess you would say, like the Senate of France,
as an example, or the House of Lords of London, we are the United
States Senate representing our constituents and are not a rubberstamp
body.
And the Constitution was written with the Senate to give greater
deliberation to legislation than what the House of Representatives
does. This action right now is a perfect example of what we are set up
to do as the Senate, and that perfect piece of legislation that we were
told was so perfect, after it went through the process of 21 members of
the Senate Finance Committee looking at it, came to the conclusion
there were about three things wrong with it: 20 million seniors
citizens left out. If you want to stimulate the economy, including low-
income seniors as consumers in America who need to spend money as one
of the chief stimulants; and then the House of Representatives did not
honor the disabled veterans of America the way they should have--I
should say the low-income disabled veterans of America the way they
should. And then the second one was the possibility, very real
possibility, of people who are here illegally maybe being able to
qualify for a rebate check. So all of those are shortcomings in that
perfect piece of legislation worked out between the White House and the
Democratic leadership of the House of Representatives.
As intelligent as those people are, and they are intelligent, it was
not so perfect. So the Senate did its work. Here we are. I am pleased
we are prepared to finish the job on the economic stimulus package this
very day--in fact, within a few minutes.
One week ago today, I spoke at length about the improvement the
Finance Committee made in the House bill. The key improvements were on
the structure of the rebate. The Finance Committee members added 20
million low-income seniors, and several hundred thousand disabled
veterans are now about to be able to participate in the rebate checks.
Illegal immigrants will not benefit from the rebate checks, and they
should not. I know that is a no-brainer, but it is something you have
to make certain is in law because it will happen.
All these changes are a result of the work, under the leadership of
Senator Baucus, of 21 members coming together to do what needed to be
done to correct the House bill. Now, this took a while. But my leaders
saw the light of the Finance Committee improvements.
My understanding is the House and the White House agree with us as
well. Through the process, we will approve a truly bipartisan,
bicameral bill. The American people will witness, in this process, a
deliberative body, deliberating as we should but doing it in an
expeditious way.
The best bill would be the full Finance Committee bill. That bill
would have provided more business tax relief, more incentive for
investment with probably longer--the certainty of the creation of more
jobs. And, of course, we had an energy investment package in it.
Well, those will come up another time. My colleagues who favor those
issues are not going to be left out in the cold. The House and the
White House did not want these provisions in this bill. So in the
interests of compromise, those provisions are dropped but not dropped
out of sight.
I wish to thank our leaders for accepting, after some reluctance, the
Finance Committee changes. We have a better product because the
chairman and the committee process has worked. The committee members
made this a better deal, and I thank Chairman Baucus for his
leadership.
Madam President, I ask unanimous consent when we come back to this
side, Senator Alexander would have 5 minutes.
[[Page 1554]]
Mrs. BOXER. Reserving the right to object, I will not object, If we
are doing it this way, I would ask unanimous consent to follow Senator
Alexander.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. Madam President, I ask unanimous consent that Senator
Snowe be added as an original cosponsor to the amendment.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Colorado.
Mr. SALAZAR. Madam President, I ask unanimous consent that I be added
as an original cosponsor of the amendment as well.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SALAZAR. Madam President, this is a fine moment for the Senate
because it is a group of Senators coming together and saying we need to
jump-start the economy, we cannot delay, we need to move forward very
quickly.
Because of the action this Chamber will take later today, we will see
100 million Americans receive tax rebate checks in the mail that then
will help us jump-start the economy. But as Senator Baucus and Senator
Grassley have pointed out, we have taken a package from the House and
have significantly improved it, significantly improved it in two major
ways.
First, the 21 million seniors who receive Social Security who were
left out of the House package will now be receiving those tax rebates
in the mail. So it is important to note this is a very important step
in us standing up for the elders of America, for whom we have so much
respect.
The second major improvement in this legislation is we also have
honored our disabled veterans, 250,000 disabled veterans, who were left
out of the House package, out of the package negotiated by the White
House. We have included those in this legislation.
So in that way, this legislation represents a very significant
improvement upon the package that came over from the House. Let me also
say this is a business-friendly package because the product of the
Finance Committee will put money in the pockets of small businessmen
and women, as well as large businesses so they can invest in equipment,
so they can create jobs and they can help start getting our economy
from going further into the ditch and back on solid track.
Having said that, I also think it is incumbent upon all of us to
understand this is a short-term fix and that there are longer term
economic and fiscal problems that face this country that need to be
grappled with. It would be my hope, as one Senator, in the days ahead,
we move forward and embrace a phase two of economic recovery for this
Nation.
I believe No. 1 on that agenda of this recovery program should be a
focus on housing legislation that will help us address the major issues
that are being faced across the country, including so poignantly in the
State of California, where my good friend, Senator Boxer, was
describing to us what is happening with the foreclosure rate, which is
going to be six times higher than it was last year.
In my State of Colorado, 1 in 375,000 homes is in foreclosure. In my
State of Colorado, there is a significant decline in real estate
values. Across the country it is projected that everyone's home is
going to decline on average by 14 percent.
So housing, I hope, is immediately on our agenda; that we move from
there and get a good farm bill passed for our food and fuel security
for our country; and, thirdly, that we embrace the Finance Committee
package on energy legislation that will help us get to that new
frontier of a clean energy economy for the 21st century.
So while I applaud this package and support it 100 percent, our work
has just begun. This is simply a first step.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Madam President, there is one message we hear
consistently from the people we represent in this country. It is: They
would like for us to change the way we do business in Washington, DC.
They would like for us to come and focus our attention on big problems
that affect everyday Americans--whether it is helping each American
have health care insurance, whether it is keeping our jobs from going
overseas, whether it is the $3 price of gasoline--and work together in
a principled way to solve it.
They do not mind our having big debates on big issues, about big
principles such as liberty versus security or terrorism. What they do
not like is the ``playpen'' politics, when we bring out the charts and
hire the campaign strategists and degenerate into what ought to be in a
kindergarten or in a political campaign.
I am pleased to say this is a good way to begin the year the way that
this has worked out, because the President and the House of
Representatives deserve great credit for agreeing quickly on a timely,
targeted proposal to help our economy be stimulated and move along.
They made it temporary, so it was not anymore of an infringement on
the budget, and they sent it to us. I am very proud of the Senate. But
I do not think it is such a bad idea, every now and then, to concede
that even President Bush and the House of Representatives are not wrong
all the time. They actually sent us an excellent package and gave us a
good start. What we have done is essentially accept the House package
that Speaker Pelosi, Mr. Boehner, and the President negotiated, and we
have improved on it in a couple ways involving seniors and disabled
veterans.
All of us agreed about that, almost all of us. The Republican leader
suggested we do that a couple days ago. So I think there is plenty of
credit to go around. I would start by giving it to the President and
the House of Representatives. Of course we should thank the Finance
Committee for the work it did, the Republican leader for his
suggestion, with Senator Stevens, that we add the disabled veterans and
seniors, which he made a couple days ago. And we should feel good that,
by the end of this week, as Senator McConnell said earlier this week,
we will have sent to the House and hopefully to the President a piece
of legislation that will help taxpayers keep more of their own money,
help small businesses keep more of their own money, and in doing that,
help create jobs and help create additional spending that will
stimulate our economy.
We had a disagreement, in actually a very good way. The Finance
Committee recommendations included a number of proposals that many of
us felt amounted to an excuse to spend, rather than economic stimulus.
We voted on that yesterday, and we took most of those off. But that
does not mean the Finance Committee was wrong to make the suggestion;
it meant we did not agree with them. So we put those things aside for
now. We will debate them later, and we will go forward with this bill.
A number of us on this side of the aisle, the Republican side, have
some things we would like to add to any bill that has to do with
economic stimulus. And Senator Hutchinson of Texas and Senator Vitter
of Louisiana and Senator Isakson today talked about a number of those
such as including long-term lower tax rates whether it is marginal
rates or dividends or capital gains.
Those include Senator Isakson's proposal to give a tax credit to
those who would buy foreclosed homes, $5,000 for 3 years so we can get
the consumer back into the housing market. It would include the
proposals, as Senators Hutchinson and Ensign and others have made in
the America Competes Act, which we passed together, Democrats and
Republicans. Now we need to implement it so we can give more incentives
to outstanding teachers, help low-income students take more advanced
placement courses, bring in more talented people from other countries
who get graduate degrees in science and technology, and allow them to
have a green card and stay here and create jobs in the United States
instead of going overseas.
We have some work to do on controlling runaway litigation. All of
that has to do with job creation in America. We could have said: Yes,
we would like to
[[Page 1555]]
have that on this. But we agree, we will set that aside for now. But
those are the long-term objections we have. We look forward to the
debate on those issues and those steps.
I wish to congratulate the majority leader and the Republican leader,
the Finance Committee, and the others who worked hard on this. I wish
to thank the House and the President for sending us a good piece of
legislation. I would ask my colleagues to consider this: We may want to
send the House something sometime we hope they pass. So why not give
them some credit for sending us something that substantially we agree
with, and with a couple of improvements, we believe is better for the
people of this country.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Madam President, I had asked for 3 minutes. I ask
unanimous consent for 4 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. Madam President, yesterday we were all very saddened when
we failed to get the Senate Finance Committee stimulus package passed.
We lost by one vote because Republicans filibustered, and they forced
us to get 60. We got 59 votes for that package, but it was not good
enough. So now today our Republican friends happily are joining us on
two elements of that package, and we are adding it to the House
proposal.
I am pleased that 20 million senior citizens will get a check as part
of the stimulus package, our stimulus package, the Senate's. I thank
the senior citizens and their organizations for calling all Senators
and telling them it is outrageous to leave out the seniors. I am beyond
pleased as well that 250,000 disabled veterans will get a check as part
of the Senate's stimulus package. I thank the veterans and their
organizations for calling Senators constantly in their offices to say:
Make us part of the package. To have left them out would have been
outrageous on its face, just as it was outrageous that when the
President suggested his package, he wanted to leave out more than 30
million Americans who didn't file tax returns, just paid payroll taxes,
and acted as if those working Americans don't deserve to have a check.
I thank Speaker Pelosi for fixing that problem. That was a huge
problem. She did fix that problem, and now we fixed some more problems.
Democrats want to do more. We were stopped again today from doing
more. Let me go into that because I stood here on the floor as the
Republicans objected to request after request after request to add the
rest of the Senate Finance package to the stimulus bill.
Senator Reid said: We need to have low-income energy assistance. We
know the cost of heating is high, and we know people are suffering
under the burden of paying it. No, that was objected to. That was
objected to. Then we said, there are some States that have very high
unemployment rates, and we see a high unemployment rate beginning to
hit many States. We want to extend unemployment insurance to the long-
term unemployed. Those are the people who would go right out and spend
those checks at the corner store, which is just what we wanted to do.
No, our Republican friends said, no. Then we asked unanimous consent to
help the homebuilders get a tax break. They are struggling under the
horrendous situation we find ourselves in today in the housing market.
No, there was objection from our Republican friends. Then we asked,
through Senator Reid, for green energy tax breaks so the folks who are
out there who are trying to build this economy and get us off foreign
oil can get those tax breaks. Republicans said no. Then we were asking
if they would allow us to put in here a program President Bush himself
endorses--housing revenue bonds to help with the housing crisis. The
Republicans said no.
We are all very happy that seniors and the disabled veterans are
going to have a smile on their face tonight, but we are far from done.
We Democrats are going to fight.
I come from a State that has 25 percent of the defaults. When I go to
towns in my State, we have five roundtable discussions about the
terrible situation that our mayors are facing, that our States are
facing, that our counties are facing. We need to do more, and we
Democrats are not going to give up. This is phase 1.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee is recognized.
Mr. ALEXANDER. Madam President, I yield myself 2 minutes to say to my
distinguished friend from California, who is chairman of one committee
on which I serve: I am a little puzzled about why, when we come to a
good conclusion and we stand up and compliment the Democratic members
and the majority leader for a good job and adopt the provision, when we
compliment the recommendations of Speaker Pelosi, a great friend of the
Senator from California and someone I admire greatly for her work on
this stimulus package, why she feels it necessary to stand up and begin
to make a political speech about Republicans saying no. Republicans
have said yes. Democrats have said yes. We are saying it to the
country.
Mrs. BOXER. Will the Senator yield for an answer since he mentioned
me?
Mr. ALEXANDER. Yes, I am glad to yield.
Mrs. BOXER. Madam President, I speak the truth. I speak the truth. I
stood next to Senator Reid, and he made requests on all those issues I
outlined--LIHEAP, extended unemployment benefits, tax breaks for solar,
et cetera--and the Republican side objected. I speak the truth. I am
happy we have joined together on two aspects of the proposal, but the
truth is, there is more to the story. We have more work to do. The fact
that I mentioned this is to sort of spur you on, to say: Come to the
table with us again, and let's do more. That is the reason I said what
I said.
Mr. ALEXANDER. Well, if I may say, the Senator is certainly entitled
to say whatever she wishes to say, but if she wants to bring it up, we
will begin with the fact that the Speaker of the House and the
Republican leader and almost 400 Members of the House sent us this
bill. It was not the intention of the Speaker of the House, I assume,
to throw grandma from the train by sending us an economic stimulus
package. It was her intention to send us a targeted, timely proposal
that would be temporary and that the American people could look at and
say: The Congress has come to a good result in a bipartisan way. They
have many opinions, but they decided what to do. And they will discuss
the other issues on down the road.
I would like to give the Speaker of the House credit for that, not
criticize her for leaving out seniors, not criticize her for leaving
out disabled veterans, not criticize our friends on the other side of
the aisle on the Finance Committee for leaving out widows of disabled
veterans, which would have happened in their first draft. I see no
benefit to that. It is much better to do what my friend, the late Alex
Haley, used to say: Find the good and praise it. I think there is a
good deal to praise here.
I am certainly not objecting to the Senator's right to say whatever
she wishes. She is eloquent, she is effective, and she works in her
committee in a very good way. I would just like to see the tone of the
debate on this Senate floor change so that it is possible from time to
time, when we do accomplish something together, that we recognize we
have different opinions but we can give credit to other people. When we
do, we often succeed. I think the majority leader and the Republican
leader, the Finance Committee, the Speaker of the House, the President,
and the Republican leader in the House deserve a pat on the back for
this. There are many other issues to discuss down the road. I can think
of some things I would criticize the Democratic majority for spending
on, but I see no need to do that. There is nothing constructive to be
gained by it, and we will defer that for another time.
The PRESIDING OFFICER. The Senator from Washington is recognized.
Mrs. MURRAY. Madam President, like all of our colleagues, I have gone
home, I have listened to my constituents who are deeply concerned about
[[Page 1556]]
the state of the economy today. We are concerned about the housing
crisis, about the rising cost of fuel and gas, about the rising cost of
health care. The economic crisis that is facing many people today was
reflected in the economic numbers we have seen coming in over the last
quarter. We came back here a month ago united to make sure we did what
everyone agreed to--a temporary, targeted package to get money back
into the economy quickly. Today, we are about to do that.
But I have to say--and I heard my colleague from California say it--
the Speaker of the House did a good job in the limited amount of time
with the agreement she had to do to get a package here. The Senate, in
doing its job of looking at it carefully and asking, What do we need to
do to improve this to make sure it works, was highly commendable.
The package we voted on last night had a number of very important
provisions: extension of unemployment insurance; LIHEAP for millions of
families who are very concerned about being able to heat their homes;
the energy package that my colleague, Senator Cantwell, worked hard to
put in to stimulate jobs and bring jobs in critical regions of the
Nation and deal with the energy crisis as well. We are all disappointed
on this side that but for one vote those would be part of this package
which would then go back to the House and, we would hope, be signed by
the President. But because we were stymied by one vote, we are here
today saying: What can we do?
We are delighted that our Republican colleagues have come with us to
say we can do better, and we added money to make sure millions of
seniors as well as thousands of disabled veterans would be part of this
economic stimulus, families that are really struggling today.
We did agree with the Republicans, and I commend our leader, Senator
Harry Reid, as well as Max Baucus, the minority leader, as well as
Senator Grassley, who have worked hard over the morning hours to come
to this. But I would say to the Senator from Tennessee, we can express
our disappointment that but for one vote, we feel we could have had a
better package. But we are pragmatic on this side. We believe we need
to move forward. We know we cannot face days and days of delay. We know
we need to get this done, and we have come together with Democrats and
Republicans to move a package that I believe is in the best interest of
the country at this time.
This is not the end of this debate. This is our answer to get quickly
a short economic stimulus. But we are committed on this side--and with
a number of Republican Senators who joined us last night in that vote--
to continue to work to do a long-term economic stimulus.
This crisis started with a housing issue that became the face of this
crisis as millions of homeowners were losing their homes across the
country and facing foreclosure. We are committed to continue to move
forward to address that housing crisis in a smart, pragmatic way to
make sure we can do everything to help those families and to get this
economy back on its feet. We are committed to work with our colleagues
from Michigan and California and other States that are facing high
unemployment to get extended unemployment insurance benefits for those
families that are now facing a very real crisis in their homes and with
their ability to put food on the table. We are committed to continue to
try to get that one last vote for an energy package that will mean our
jobs will be brought here to the United States to create new
alternative energy that will help not only job creation but our energy
crisis as well.
I commend all of us for coming together and, in a few short minutes,
voting to pass quick, temporary relief that is well needed but also a
commitment from all of us to continue to work to make sure we address
the long-term economic stimulus as well.
I yield the floor.
The PRESIDING OFFICER. The Senator from New York is recognized.
Mr. SCHUMER. Madam President, I join my colleagues in saying this is
a very fine day for the American people. It is a good day. I thank
everybody who came together on this issue, particularly Senator Reid
and Senator Baucus, who were steadfast leaders as we began to put
together a stimulus package. I also thank my colleagues in the House,
led by Speaker Pelosi.
We do have a serious economic crisis. Most economists would say we
are headed to recession. It is unfortunate; that recession could have
been avoided because the housing crisis is at the bull's-eye of that
recession. Unfortunately, this administration, with ideological
handcuffs around its wrists, was unable to intervene. So the crisis
spread. Housing prices declined, and then consumers stopped buying. We
had a very weak Christmas season. Housing prices declined. Foreclosures
increased. And there is a credit freeze, so many who wish to build and
create commercial projects, factories, businesses that wish to borrow
can't get the lending they need. As a result, we stand here at the
precipice of a fairly severe economic downturn. We must do everything
we can to make sure the severe effects of that downturn are mitigated.
Today's package does that.
Early on, we enunciated on our side three goals--that a stimulus
package be timely, targeted, and temporary.
The package today meets all three of those goals. Leader Reid
promised that we would get a package to the President's desk on
February 15, that we would not let squabbles, dilatory effects get in
the way. The package is on track to be signed by February 15 so that
checks can be sent out to the American people as quickly as possible,
and they, because they are--most of them--hard pressed, will spend
those checks and get the economy revved up.
We added to the package. The House gave us a very good start. Make no
mistake about it, the Senate package is based on the House's basic
structure. But we fought hard to include 21 million senior citizens and
250,000 disabled veterans. They are now included in the package, and it
is a better package than the one that passed the House.
The package in the House was good. The package that is passing the
Senate is better. It could have been better still. It could have been
best. But our colleagues on the other side of the aisle--again, in
those ideological handcuffs--said: We cannot spend money. Tax cuts are
OK, spending is not. Well, I know that is part of the old-time, hard-
right philosophy. It is outdated now, but it is there.
Economists tell us, for instance, that spending on unemployment
insurance is the quickest way to get the money into the economy. The
checks will flow, hopefully, in the spring, but they cannot flow more
quickly because the IRS needs to gear up its computers, and they are
busy with tax returns and tax refunds. If we were to extend
unemployment insurance, we would mainstream money into the economy much
more quickly. Unemployment insurance gives the biggest bang for the
buck: $1.74 for every $1 spent. Tax breaks are good, but they give
about $1.19.
So if one were not ideological, did not care if the money went to the
rich, the middle class, or the poor but just said, ``Let's get the
economy going,'' unemployment insurance and nutrition assistance would
be included in the package. But the ideological predispositions of the
other side, not listening to economists--Martin Feldstein testified
before our Finance Committee, a conservative economist who worked for
Republican Presidents, and said unemployment insurance makes sense.
They refused to do it. We made a valiant attempt. We tried. We were
blocked by the other side by one vote.
We tried to bring in LIHEAP funds. Those of us from Northern States
know how hard it is to heat your home with the price of oil and gas
through the roof. They said no.
Housing, as I said, is at the bull's-eye of this crisis. We tried to
bring in mortgage revenue bonds, which the President himself supported.
But those on the other side said no.
So good, better, best. The House package: good; the Senate package:
better. It could have been best, except our colleagues on the other
side of the aisle decided to block it.
Let me say two other things in conclusion.
[[Page 1557]]
Madam President, I ask unanimous consent for 2 additional minutes,
not to come out of Democratic time, just 2 minutes added on.
The PRESIDING OFFICER. Is there objection?
Mr. ALEXANDER. Madam President, if you want to delay the vote and add
2 minutes to the Republican time, that would be fine.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. SCHUMER. Madam President, two other points quickly.
We will come back. There are structural problems in this economy that
rebate checks will not solve. There are problems with housing, and we
are putting together a good housing package that will include not only
mortgage revenue bonds but assistance for loan supervisors, loan
counselors, who will help people restructure, and it will encourage
Fannie and Freddie to get money so mortgages can be refinanced. There
are the conforming loan limits, which should pass in this package. That
will help our housing area.
We also will put together a package that deals with infrastructure--a
time-honored way of getting the economy moving. Hopefully, there will
be some local assistance to help States with their increased Medicaid
burden and energy assistance--not just LIHEAP but also the kinds of
things the Senator from Washington State, Ms. Cantwell, has pioneered:
Tax breaks for green energy to create jobs and keep jobs here.
We will put together a package that will do all of that. We expect
there will be resistance from the other side. The only thing that will
probably stop that is if the economy hurdles south even further.
The second thing I want to say is this: Some asked me outside: Well,
did you do this for politics? Absolutely not. We tried to craft--and I
know it because I am on the Finance Committee and worked closely with
Senator Baucus--we tried to craft the package that would give the
economy bang for the buck. But if today Members on the other side of
the aisle are squirming because they voted no, that is what democracy
is all about. There were real choices here--real choices. Some said
yes; some said no. We each should be held accountable by our
constituents for that. That is what democracy is all about. So while it
was substance--totally substance; I can tell you that, having been
there--that motivated our package, the political chips will fall where
they may.
This is a great day for the American people, a day to try to improve
our economy. I am proud of what we have done and will work hard to make
it better.
I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Madam President, in response to the comments of the
Senator from New York, I simply would say that it is reassuring to see
the chairman of the Democratic Senatorial Campaign Committee come to
the floor and hear him say: Let the political chips fall where they
may, while denying he had any political motives in his comments.
I tried to begin the remarks here, after the majority leader made an
excellent talk and the Republican leader made an excellent talk, by
complimenting Speaker Pelosi, by complimenting Mr. Boehner, by
complimenting the President, by saying Senator Baucus and Senator Chuck
Grassley deserve a lot of credit for bringing to our attention some
things that needed to been done. Then, by complimenting Senator Stevens
and Senator McConnell--who a few days ago offered an amendment to add
seniors and disabled veterans and to fix a problem that apparently
needed fixing by leaving out widows of disabled veterans. They offered
that, and we all agreed that was a good result.
I guess the Senate floor is always appropriate for whatever any
individual Senator may wish to say. But sometimes I wish it were more
about substance and less about politics.
This is an opportunity when we can talk more about substance. We have
our principled differences of opinion on where we go from here, but we
have agreed on the temporary. As the Senator from New York said: Good
from the House; better from the Senate. I agree with that. Now, when we
get to ``best'' we will have a different kind of debate.
Mr. SCHUMER. Madam President, will my colleague yield?
Mr. ALEXANDER. Madam President, I will be glad to complete my remarks
and turn the floor over to the Senator in just a moment.
But when we get to the question about ``best,'' I assume we are going
to be arguing from principles, and we are going to say: To make this
economy better for the long term, we need to limit runaway lawsuits.
And he may say we do not. I do not mean that will make him politically
squirm. I assume he actually believes that.
We may say we want to continue tax cuts, and he may want to raise
taxes. Should he say that, I do not intend to try to make him
politically squirm. I assume he just believes that.
Perhaps we can agree that we ought to implement the America COMPETES
law which we worked together to pass last year. Perhaps we can agree
that we ought to increase the number of HB-2 visas so talented foreign
people can come do research and work and then stay here and create jobs
here instead of creating them overseas in India.
When it comes to an energy package, I may say more nuclear power, and
someone on the other side may say less. But I do not say that to make
them squirm politically.
So I like the fact that we can come here and compete. I like his
characterization, if I may say so, of ``good,'' ``better,'' ``best''
because I think if we have an economic stimulus package, the right kind
of competition is to say they have an even better one, and then we will
have to go to work and come up with an even better one than that. But I
reject the notion that what has been done here is to cause Republican
Senators to squirm. We feel pretty good about avoiding turning this
bill into an excuse to spend more money. But we respect the fact that
those on the other side have a genuine belief that spending more money
is the way they would prefer to go over the long term.
So I guess I am expressing a little bit of disappointment in the tone
of the debate here at the end. That is all I am expressing. But I
thought I ought to express it instead of letting this go on and on in
the same tone.
The PRESIDING OFFICER. Just so everyone knows, the Republican side
has 11 minutes 17 seconds remaining; the Democratic side has 8 minute 6
seconds.
The Senator from Michigan.
Ms. STABENOW. Madam President, I ask unanimous consent for 1 minute
from the majority's time.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. STABENOW. Thank you very much.
Madam President, certainly we come here today supportive of what has
been done to this point, congratulating the House for beginning this
process, on which we can build. But I think it is very important we
make it clear what has happened.
We had the majority of the Senate that supported something that would
have gone further, something that would have been better, in my
judgment, and it was stopped by a filibuster and our inability to get
one vote--one Republican vote--to join with us to stop the filibuster.
So what does that mean? It means millions of unemployed middle-class
Americans are left out. Unemployment benefits--one of the top two areas
that economists have agreed upon to stimulate the economy--were left
out because of one vote from our Republican colleagues. We just needed
one more vote to include that.
Jobs from alternative energy production--we literally have businesses
saying they will bring jobs back from overseas to this country--we lost
that by one vote. Those jobs will stay away. Plants, we are told, will
not improve and may, in fact, close certain projects because of the
lack of one Republican vote. Help for homebuilders and homeowners--at
the heart of this crisis--help for other employers struggling to
[[Page 1558]]
invest and keep Americans employed, we lost this by one vote. That is
what is so unfortunate here today.
The PRESIDING OFFICER. The Senator's time has expired.
Ms. STABENOW. Thank you, Madam President.
The PRESIDING OFFICER. The Senator from Illinois is recognized.
Mr. DURBIN. Madam President, how much time is remaining on our side?
The PRESIDING OFFICER. Six minutes 17 seconds.
Mr. DURBIN. Madam President, under the agreement, I have 5 minutes. I
will just take 4 minutes, and if the Chair will notify me when I have
used that time so the Senator from Arkansas can have her 2 minutes-
plus.
It is interesting here that the American economy is suffering from
some ailment that leads us to believe it is headed to recession. So how
are we going to treat this ailment, this fever? Well, we are trying to
come up with some medicine in a hurry before it gets worse.
The Federal Reserve lowered the interest rates, and then we
understood we could do our part in Congress on a bipartisan basis:
Let's try to do something now before something worse happens. We know
how bad it is: all of the people who are unemployed, the stock market
in trouble, housing in shambles across America, the housing industry
flat on its back. So we tried to come up with something quick,
temporary, and targeted to get this economy back on its feet.
I give credit to both the House Republicans and Democrats for
reaching agreement and sending us a bill. Then we sat down in the
Senate and said: Can we improve it? Is there a way to put a little more
medicine in this package so it will work?
Senator Max Baucus and Senator Chuck Grassley--Democrat and
Republican--on a bipartisan basis came up with a really good package.
We tried to pass that last night. We missed it by one vote. We needed
one more Republican vote. We had all the Democrats and eight
Republicans. We needed one more. We could not get it done. So today we
decided we had to take the best parts of it that we could on a
bipartisan basis and pass it. I am glad we are going to do that.
As I go around this country, people say the same thing over and over:
Will you stop squabbling on Capitol Hill and get down to work? Will you
try to work together? Today, we will. What the Senate Finance Committee
did was improve the House bill and give us a chance to help this ailing
economy get back on its feet.
What if this is not enough medicine? What if it is the wrong
medicine? I think we are going to go back to some of the things that
were rejected last night.
Unemployment insurance--boy, read the list. Madam President, 1.2
million Americans are going to see their unemployment insurance
benefits end this month. We want to extend their protection. There are
some who came to the floor on the other side who argued against that.
Oh, they say if somebody is unemployed, you have to punish them, you
have to pressure them to go back to work. Ever try to live on an
unemployment check? I have run into people who do it, and it is not a
rosy life. I think people are looking for jobs and finding them very
difficult to locate.
I think we are going to return, and many of the things rejected last
night by the Republican side will be part of the second dose of
medicine for this economy. This economy needs to get well. We need to
give the right medicine in the right amounts for it to happen. This is
a good start. With one more Republican vote last night, I think we
could have given that full spectrum of medicine to put this economy on
the right track.
If our efforts fail now with this stimulus package, we need to come
back and put back into the law the things that were defeated last night
by the Republicans, and more. We need an economic recovery package for
America. I am sick and tired of sending billions of dollars to Iraq to
rebuild hospitals and schools and highways and not do the same thing in
America.
We have to focus on putting Americans to work with good-paying jobs,
with decent benefits, so they will be spending again and this economy
starts chugging forward again. For too long, we have ignored working
families, and any economic recovery plan has to focus on those working
families first. That is why I hope we pass this soon, monitor it
carefully, and if we do more, let us respond as quickly as we can.
I reserve the remainder of my time for the Senator from Arkansas.
The PRESIDING OFFICER. The Senator from Arkansas is recognized.
Mrs. LINCOLN. Madam President, I say to those who have discussed this
before me that we received a package, the Pelosi-Bush package that
started in the House, and it was done very quickly. They bypassed their
committees and they bypassed the consideration of the Senate until we
got the package. So what we tried to do was to do our very best to
improve upon that package in ways that we felt would not only stimulate
the economy but do justice to the American people.
To the conversation that happened before me from the Senator from
Tennessee and the Senator from New York, I don't think what we are
talking about here is whether we are going to take up whatever we can
do; we owe it to the American people to do our very best, to do the
very best we can to stimulate the economy and make sure we are
including every American in a part of that stimulus package.
I think that is what we tried to do in the Senate Finance Committee
under the tremendous and thoughtful leadership of Chairman Baucus and
Senator Grassley. We came up with a plan that, yes, not only looked at
what we could do with those rebate checks and making sure we equitably
distributed those dollars--not only to those included in the Pelosi-
Bush plan, but also to include seniors. The chairman and ranking member
found a way to include seniors, qualifying their Social Security income
for the rebate income threshold, but they also looked at the crisis
epicenter: the home mortgage issue. They looked at the unemployed who
are getting ready to fall off the rolls and who are working families
trying to take care of their kids and their aging parents. They looked
at new job creation, the renewable energy sources. What an incredible
way for us to begin to reinvigorate the economy, to make a quick hit on
jobs that were already in existence that were probably going to leave
if we didn't do something about it.
I joined my colleague Senator Snowe, and I was very proud to join
Senator Snowe, as I regularly am, to offer an amendment to add
veterans' disability income as well. We wanted to add veterans'
disability income to make sure our disabled veterans would also get a
rebate check, because I know, looking out there, they need it as well.
The PRESIDING OFFICER (Mr. Webb). The Senator's time has expired.
Who yields time?
Mr. ALEXANDER. How much time remains on the Republican side?
The PRESIDING OFFICER. The Senator has 11 minutes.
Mrs. MURRAY. Mr. President, how much time remains on the Democratic
side?
The PRESIDING OFFICER. No time remains on the Democratic side.
Mr. ALEXANDER. Mr. President, I am glad to yield 1 minute of our time
to the Senator from Arkansas if she wishes to finish her remarks.
Mrs. MURRAY. Mr. President, if the Senator would be so gracious, that
would be very much appreciated on our side, so that the Senator could
finish her remarks. We thank the Senator from Tennessee for that.
Mr. ALEXANDER. Of course. Is 2 minutes enough?
Mrs. LINCOLN. That is unbelievably gracious from my neighbor in
Tennessee.
The PRESIDING OFFICER. The Senator from Arkansas is recognized for 2
minutes.
Mrs. LINCOLN. Mr. President, as always, my neighbor from Tennessee is
gracious and a gentleman.
Here in Washington, we often get into the business of debating
specific policies and we lose sight of what it is all about. Before we
finish this debate, I want to remind people what it is about.
[[Page 1559]]
There is a gentleman named James Free who lives in West Memphis,
right across the border from the Senator from Tennessee. He served in
the U.S. Army from 1972 to 1977. His service led him around the world 2
or 3 times, he said. But James' disability makes it hard for him to
work and to get by day to day. He gets $314 in a disability check that
he receives from the VA each month, which is his primary source of
income. Now, because of the modifications we have made here in the
Senate, James and other folks like him will qualify for the rebate. How
could any of us argue that James Free, who has served our Nation very
courageously and proudly, should not be included in this package today,
that he would not appreciate the opportunity to receive a stimulus
check, and that he would not put it back, right back, into the economy.
This is a good package. We had hoped we would do our very best, but
it is a good package, and we want to make sure that as we take this
step to stimulate the economy in this great Nation, we will prepare
ourselves for the next piece of recovery we can offer, a recovery piece
that will be more long term, more substantial in making sure that we
deal with job creation and some of the other crises that exist. It is
going to be good for our economy now. It is going to be good for our
working families and good for seniors, good for our veterans, and due
to some additions I think from the other side, also good for the widows
of veterans. I appreciate the fact we are moving forward on behalf of
the American people.
I want to say thanks to my colleague from Tennessee for yielding time
so I could finish my comments.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee is recognized.
Mr. ALEXANDER. Mr. President, I believe all the Democratic time is
used and most of ours is used and the vote is scheduled for 4:10, if I
am not mistaken.
Let's start from the beginning, once again. The first order of
business when Congress convened and the President made his State of the
Union Address was to say to the American people: We see that the
economy is slowing down, and we want to do whatever we can from
Washington. Even though we realize this is a huge economy--15 trillion
or so dollars a year--we want to see if there is something we can do
quickly that will stimulate the economy.
The President, the Democratic Speaker of the House, and the
Republican leader of the House, with the agreement of the majority and
minority leader of the Senate, took the first stab at it. In very short
order, they reported, and the House passed with only 35 or so
dissenting votes, provisions that would give about $150 billion--two-
thirds of it straight to individual taxpayers, middle and low income,
so they could keep more of their own money, spend it, and stimulate the
economy; and about a third of it to small businesses in America so they
could keep more of their own money and create new jobs. That package
was sent to us. The Senate Finance Committee worked hard on that and
came up with some additional recommendations. One of those
recommendations was to add seniors. Another was to add disabled
veterans. That recommendation was an idea that Senator Stevens of
Alaska and Senator McConnell of Kentucky thought was a good idea, and
in their own amendment offered that on the floor.
We then had a vote yesterday which represented a philosophical
difference of opinion. Most on the other side wanted to spend another
$40 billion. Most on this side thought that was an excuse to spend, so
we resolved that, as the Senate always does: Unless you can get 60
votes or a consensus, we can't go ahead. So the ones who wanted to
spend more didn't win for now, and we kept the package at about the
same spending level that it was, adding, as virtually all wanted to do,
seniors and disabled veterans and their widows. So in a very short
order, we have a result.
I wish to end my remarks as we come toward the vote about where I
started earlier, which is that this is a conclusion that deserves--and
I hope will earn--the respect of the people of the United States. It
was fashioned in the House, and the Senate has largely respected the
work they have done. We believe we have improved it. We are sending it
back. We are doing this with a provision that is timely and targeted in
a temporary way, and then we will move on, both sides will, to offer
our long-term solutions for how we can continue to make this economy
stronger.
There will be differences of opinion. There may be more spending
there and there may be more tax cuts here. There may be more
reservation of runaway lawsuits here and less there. But we can have
those arguments. They will be principled arguments. Hopefully, it will
show that the Senate and the House, when they set their minds to it,
can work with the President on big issues and get results.
Mr. President, I yield the floor.
Mrs. MURRAY. Mr. President, I believe all time has expired on this
side.
The PRESIDING OFFICER. The Senator is correct.
Mrs. MURRAY. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. ALEXANDER. Mr. President, unless there are other Republican
Senators who wish to speak, we yield back our time.
The PRESIDING OFFICER. All time has expired.
Mrs. MURRAY. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to amendment No. 4010.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton),
the Senator from Nebraska (Mr. Nelson), and the Senator from Illinois
(Mr. Obama), are necessarily absent.
I further announce that, if present and voting, the Senator from
Nebraska (Mr. Nelson) would vote ``yea''.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 91, nays 6, as follows:
[Rollcall Vote No. 9 Leg.]
YEAS--91
Akaka
Alexander
Barrasso
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Cochran
Coleman
Collins
Conrad
Cornyn
Crapo
DeMint
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Harkin
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--6
Allard
Coburn
Corker
Craig
Gregg
Hagel
NOT VOTING--3
Clinton
Nelson (NE)
Obama
The amendment (No. 4010) was agreed to.
Mrs. MURRAY. I move to reconsider the vote.
Mr. DODD. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. Under the previous order, the question is on
the engrossment of the amendment and third reading of the bill.
The amendment was ordered to be engrossed and the bill to be read a
third time.
[[Page 1560]]
The bill was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill, as amended, pass?
Mr. McCONNELL. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton),
the Senator from Nebraska (Mr. Nelson), and the Senator from Illinois
(Mr. Obama) are necessarily absent.
I further announced that, if present and voting, the Senator from
Nebraska (Mr. Nelson) would vote ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 81, nays 16, as follows:
[Rollcall Vote No. 10 Leg.]
YEAS--81
Akaka
Alexander
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Cochran
Coleman
Collins
Conrad
Cornyn
Dodd
Dole
Domenici
Dorgan
Durbin
Feingold
Feinstein
Graham
Grassley
Harkin
Hatch
Hutchison
Inouye
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lugar
Martinez
McCain
McCaskill
McConnell
Menendez
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--16
Allard
Barrasso
Coburn
Corker
Craig
Crapo
DeMint
Ensign
Enzi
Gregg
Hagel
Inhofe
Kyl
Murkowski
Sessions
Shelby
NOT VOTING--3
Clinton
Nelson (NE)
Obama
The bill (H.R. 5140), as amended, was passed.
Mr. REID. Mr. President, I move to reconsider the vote, and I move to
lay that motion on the table.
The motion to lay on the table was agreed to.
Modification to Amendment No. 4010
Mr. REID. Mr. President, I ask unanimous consent that notwithstanding
the passage of H.R. 5140, the Reid-McConnell amendment No. 4010 be
modified with the technical change at the desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
The modification is as follows:
tion. Such term shall not include a TIN issued by the
Internal Revenue Service.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and
53(e)'' and inserting ``53(e), and 6428''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2)(L) of such Code is amended by striking ``or 32''
and inserting ``32, or 6428''.
(c) Treatment of Possessions.--
(1) Payments to possession.--
(A) Mirror code possession.--The Secretary of the Treasury
shall make a payment to each possession of the United States
with a mirror code tax system in an amount equal to the loss
to that possession by reason of the amendments made by this
section. Such amount shall be determined by the Secretary of
the Treasury based on information provided by the government
of the respective possession.
(B) Other possessions.--The Secretary of the Treasury shall
make a payment to each possession of the United States which
does not
____________________
ORDER OF PROCEDURE
Mr. REID. Mr. President, my mind was on FISA. What we have done is,
the staffs are working out a consent agreement where we are going to
have three recorded votes. We are going to be able to dispose of two
other votes by voice. Then we are working toward--and it is not done
yet--we are working toward where that may be all the votes we will have
tonight.
Then what we will try to do--not try, it is the only way we can get
from here to there to get it done--is tomorrow we still have a lot of
debate left in this matter because of the time we have spent dealing on
the stimulus package. So today we will do all the votes we can. We are
going to have, as I have indicated, at least five amendments we will
get rid of. I think that will leave about five. We will then have
debate--there are a number of amendments where I think there is still
like 6 hours of debate left on those, and they would complete that
debate, hopefully get rid of a lot tomorrow, and what we can't, on
Monday, and Tuesday morning we will start final votes.
We will have a cloture vote involved in this also, but I think we can
work out the time factor on the cloture vote and have final passage on
this sometime on Tuesday. I have asked Senator Rockefeller to have a
pretty good idea of what will be in the final package as it comes out
here. So I think it would be to everyone's benefit that he and Senator
Leahy, Senator Bond, and Senator Specter work with their House
counterparts to see if they can work on a package to bring back to us.
What we are facing with this, because of the constraint of time, is
that the House has to work with the Senate to come up with something.
If that doesn't work out, then the legislation expires. There will be
no law on the 15th, and I don't think there is anyone who wants that.
No one, with all that has gone on, even though I have complained a few
times--well, I think there is no need to point fingers now. We are
where we are, and we have to move as quickly as we can and try to
finish this bill, including the conference report, next week. We have
to do that.
The unanimous consent is not ready yet, so I ask unanimous consent
that my friend from Illinois, Senator Durbin, be allowed to speak for
10 minutes as in morning business; and if one of my colleagues on the
other side wants to speak before the vote starts, that is appropriate.
The PRESIDING OFFICER. The Republican leader.
Mr. McCONNELL. Mr. President, if I can say so, it sounds like a good
game plan to me. My understanding is we are going to get started voting
here very shortly. Is my understanding correct?
Mr. REID. Well, now, Mr. President, we lost one of them, so we are
now down to two rollcall votes and two that can be accepted by voice.
So we are two steps forward and one back. So the answer is: Yes, we
will have two votes that will be recorded. We should be able to start
those in a few minutes.
Mr. DORGAN. Mr. President, will the Senator yield for a question?
Mr. REID. I would be happy to yield.
Mr. DORGAN. Mr. President, I think most Senators will feel good about
the significant progress on FISA, and hopefully we will get that
completed.
Senator Thune and I were speaking a moment ago about the other piece
of legislation we hope we might finish, when FISA is completed next
Tuesday or Wednesday, and that is the Indian Health Care Improvement
Act, which we started on the floor of the Senate.
I would ask the Senator: Might we expect to be able to bring that up
for a day? We believe we can finish that in a day next week.
Mr. REID. I say to my friend: Is there anything that can be done on
that tomorrow or Monday? Has the debate on all the amendments been
completed?
Mr. DORGAN. Mr. President, I believe we have worked through most all
areas of controversy, where we are waiting on some amendments that I
believe Senator Coburn wishes some votes on. But I think we have made a
lot of progress on both sides of the aisle to resolve items of
controversy. I think if we could get it on the floor for 1 day, we can
finish it. And, frankly, there is some urgency to Indian health care
issues. As I said, Senators Murkowski, Thune, and others join me in
hoping we can include that next week to be completed on the floor of
the Senate.
Mr. REID. I ask my friend, the Senator from North Dakota: Is there a
way we could have a consent agreement that would give us specific time
for any amendments and votes on amendments, and after they are all
done, final passage?
[[Page 1561]]
Mr. DORGAN. Mr. President, I have been working with Senator Kyl and
others to try to see if we can reach an agreement on any amendments. I
believe there will be very few votes required. I think Senator Coburn
has some that may require a couple of votes, but by and large I think
we have worked through most of the issues. Senator Kyl and Senator
Thune, on that side of the aisle, have been working with me.
But I would very much like to get whatever list or whatever time
agreements we need so that we can bring that up. We really do need to
finish that next week, following the disposition of FISA, if it is
possible.
Mr. REID. I ask my good friend, during those two votes we are going
to have in a short time, if we can go to work to see if we could have a
specific numbers of amendments, how much time is left on them, we will
complete it to final passage.
Mr. KYL. Mr. President, I have been working with the Senator from
North Dakota. While we have not surveyed all of the Members on this
side, I believe the issues are well known to us; they have surfaced.
The three key issues have mostly been worked through, as I understand,
and I believe Senator Coburn is willing to put a time agreement on the
amendments he has. All of which is to say that I believe, unless there
are some votes on our side that have not come forward--and we will
certainly inquire--it should be possible to get a time agreement with
specific amendments that is not very long and that would result in the
bill being concluded in a relatively short time. But we do need to
survey the rest of our Members.
Mr. THUNE. Mr. President, I would just echo what my colleague from
North Dakota said and would agree that now we will have dealt with FISA
and the economic stimulus bill, which I know are matters of great
importance and urgency--this is a matter of great urgency to the people
we represent. It is long overdue that we get this done. So I will do
everything I can on our side to make it possible for us to limit any
further amendments or anything that might further delay moving to a
final vote.
I appreciate the leader's indulgence, along with my colleague from
North Dakota, and would simply ask that when we complete action on
this, we move to this bill.
Mr. REID. If I can respond to my three colleagues, originally we
thought this bill would take 1 day, and we know it has been bifurcated
because of other issues. But I would really think that before we spend
another few days on this, we have to do everything we can to see if we
can come up with a time agreement to give us a way to get to the end so
we can have final passage.
We do not need to speak, as I have, about the drastic needs in Indian
territory. We need to do this. So I hope that--my friends, this is
certainly a bipartisan piece of legislation--we can work out some time
agreements, and part of that will be final passage.
Mr. KYL. I do not know of any reason that cannot be done. There is
certainly no intention on our side to take a long time or slow it down.
I think the Senator from North Dakota would verify that I have worked
to try to resolve issues that are outstanding. It is my belief that
this can be done within a time period that is acceptable to the
majority.
The PRESIDING OFFICER (Mr. Pryor.) The majority leader has a
unanimous consent request pending. Is there objection? Without
objection, it is so ordered.
____________________
DOJ STAFF MEMO ON THE FUTURES MARKETS
Mr. DURBIN. Mr. President, I thank the majority leader for requesting
10 minutes for me in morning business.
The State of Illinois is home to some of the most dynamic and
innovative financial services firms in the world. For the futures
markets, Chicago is a global leader. I pay particularly close attention
to the vitality of these markets. It is an important part not only of
the economy of my home State but of the economy of our Nation. The work
in the futures markets has a direct impact on everything from pork
bellies to currencies to the price of oil.
I am deeply disturbed with what has taken place this week within the
Department of Justice relative to those futures markets. As we have
been told, the staff at the Justice Department recently wrote a memo to
the Department of Treasury questioning the structure of clearing and
settlement services in the U.S. futures industry. The staff has
referred to concerns about restraint on competition and other issues.
What is troubling about this disclosure is that the Department of
Justice staffers apparently are claiming that they were simply
commenting on a Treasury proposal regarding the overall competitiveness
of America's financial markets. But the comment period on the Treasury
proposal ended 2 months ago, 2 months before the Department of Justice
released this memo, and it is been more than 6 months since that same
Department of Justice approved the merger of the Chicago Mercantile
Exchange and the Chicago Board of Trade.
Well, people say: So what? Bureaucrats release memos. Who pays any
attention to those? Well, let me tell you what happened yesterday. When
this memo became public, the price of the Chicago Mercantile Exchange
stock declined by over $100 in 1 day. That reduced shareholders' market
capitalization by almost $6 billion. A memo from the Department of
Justice to the Department of Treasury leaked to the Dow Jones Press
Service, which became public, cost the Chicago Mercantile Exchange, in
1 day, market capitalization of almost $6 billion. There was no
justification for this memo. The comment period was closed, the
Department of Justice had acted on the merger, and there was no reason
to release it.
I have joined with my colleague, Congressman Rahm Emanuel, in sending
a letter to Attorney General Mukasey and Secretary Paulson calling on
them to not only look at the substance of this memo but also the
circumstances. By what right was this staff memo issued in the first
place or released to the press?
I want to quote one of the Commissioners of the Commodity Futures
Trading Commission. That is the Government agency responsible for
regulating these markets. This is what the Commissioner said:
The Department of Justice staffer letter has unfortunately
roiled the markets, and this is precisely the kind of
behavior that Government regulators are supposed to take
ordinary care and attention to avoid.
He is right. I think that letter was entirely inappropriate, and the
fact that it was the leaked to the press--and I do not know whether it
was leaked at Justice or at Treasury--is something that should be
investigated. I do not want to read too much into this, but someone who
understood the impact of the market and decided to short the stock
could have made a lot of money yesterday. I am not saying that
occurred, but that is how serious it is, that the stock would go down
$100 in 1 day because of this action. Today, the stock has started to
recover. I am glad. But still we have to answer, at the Federal level,
why this ever occurred.
These markets are ready to be regulated and examined, and they should
be. We want transparency and public trust at every single level. And we
know that competition in this market goes far beyond the United States.
These are now international and global markets, and the Chicago
Mercantile Exchange is the one of the leaders in these markets. They
should be closely regulated, closely watched, and should be subject to
all of the laws and regulations concerning transparency. But when some
staffer at the Department of Justice can take a potshot at this global
market and cost them almost $6 billion in market capitalization in 1
day, I think we have a right to demand accountability.
I am joining with my colleagues in the Senate and in the House in
calling on this administration to look into this matter as quickly as
possible. I hope to find out why this comment letter was filed 2 months
after the Treasury Department deadline if the memo
[[Page 1562]]
was meant to be related to that effort. I hope to find out if the
Department of Justice considered its influence on the markets prior to
drafting this letter or leaking this letter, whatever was done.
I hope there is not more to this story than the Justice Department
staffers are claiming, but I wonder. That is the reason I have written
to these two leaders in the administration asking for a timely
response.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, I understand that the bill is to be called
back up, the FISA bill; is that correct?
The PRESIDING OFFICER. That would be the regular order.
Mr. BOND. If the proponent of the amendment is ready, I would suggest
that we begin the final lap on these amendments.
____________________
FISA AMENDMENTS ACT OF 2007--Resumed
The PRESIDING OFFICER. The clerk will report the bill.
The bill clerk read as follows:
A bill (S. 2248) to amend the Foreign Intelligence
Surveillance Act of 1978, to modernize and streamline the
provisions of that Act, and for other purposes.
Pending:
Rockefeller-Bond amendment No. 3911, in the nature of a
substitute.
Whitehouse amendment No. 3920 (to amendment No. 3911), to
provide procedures for compliance reviews.
Feingold amendment No. 3979 (to amendment No. 3911), to
provide safeguards for communications involving persons
inside the United States.
Feingold-Dodd amendment No. 3915 (to amendment No. 3911),
to place flexible limits on the use of information obtained
using unlawful procedures.
Feingold amendment No. 3913 (to amendment No. 3911), to
prohibit reverse targeting and protect the rights of
Americans who are communicating with people abroad.
Feingold-Dodd amendment No. 3912 (to amendment No. 3911),
to modify the requirements for certifications made prior to
the initiation of certain acquisitions.
Dodd amendment No. 3907 (to amendment No. 3911), to strike
the provisions providing immunity from civil liability to
electronic communication service providers for certain
assistance provided to the Government.
Bond-Rockefeller modified amendment No. 3938 (to amendment
No. 3911), to include prohibitions on the international
proliferation of weapons of mass destruction in the Foreign
Intelligence Surveillance Act of 1978.
Bond-Rockefeller modified amendment No. 3941 (to amendment
No. 3911), to expedite the review of challenges to directives
under the Foreign Intelligence Surveillance Act of 1978.
Feinstein amendment No. 3910 (to amendment No. 3911), to
provide a statement of the exclusive means by which
electronic surveillance and interception of certain
communications may be conducted.
Feinstein amendment No. 3919 (to amendment No. 3911), to
provide for the review of certifications by the Foreign
Intelligence Surveillance Court.
Specter-Whitehouse amendment No. 3927 (to amendment No.
3911), to provide for the substitution of the United States
in certain civil actions.
The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
amendment no. 3915
Mr. FEINGOLD. Mr. President, this is the amendment we call Use Limits
Amendment, amendment No. 3915.
This amendment gives the FISA Court the option of preventing the
Government from using information on U.S. persons that it has collected
using targeting or minimization procedures that are later found to be
illegal.
As the legislation now stands, if the Government uses procedures that
are later declared unlawful, there is nothing to stop it from using the
information it collected illegally. This does not make any sense, and
it takes away any incentive for the Government to develop lawful
procedures the first time around. It is also not consistent with the
approach FISA takes with other illegally collected information.
If the Government conducts emergency surveillance that is later found
to be improper, FISA already prohibits the Government from using that
information. Importantly, under my amendment, information about
foreigners or information that indicates a threat of death or bodily
harm could always be used by the Government, even if it were collected
under illegal procedures. The FISA Court also has the discretion to
allow the Government to use illegally collected information about U.S.
persons.
So it is an extremely modest safeguard, a very reasonable amendment.
I urge my colleagues to support it.
I yield the floor.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, I strongly urge my colleagues to defeat
amendment 3915. It creates a superexclusionary rule on the intelligence
community. The Attorney General and the DNI have advised they will
recommend a veto.
It says: By requiring analysts to go back through relevant databases
and exact certain information as well as to determine what other
information is derived, this requirement places a tremendous burden, an
unsurmountable operational burden on the intelligence community. I
agree and yield the remainder of my time to the chairman.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. ROCKEFELLER. Mr. President, I would say to the Presiding Officer
that this amendment would prevent disclosure or dissemination of any
collected information by U.S. persons if the FISA Court finds there are
deficiencies in the Government's targeting or minimization procedures
under the new authority.
There is no need to add another
penalty to ensure compliance with the requirement of the statute. The
amendment gives the court very little discretion to determine whether
nondisclosure is the appropriate remedy. Nondisclosure could be
required even if the information is particularly significant foreign
intelligence information, or if there is only a minor deficiency in the
procedure that cannot be corrected within 30 days.
It is a very short way of saying that I oppose this amendment
strongly.
Mr. BOND. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. I ask unanimous consent that the Senate now resume
consideration of the following Feingold amendments, Nos. 3915 and 3913,
and that the time until 5:25 p.m. be for debate with respect to these
amendments en bloc; that upon the use or yielding back of time, the
Senate proceed to vote in relation to the amendments in the order
listed above; that there be 2 minutes of debate prior to the second
vote, with all time equally divided and controlled in the usual form,
and the second vote 10 minutes in duration; that when the Senate
resumes S. 2248 on Friday, February 8, and on Monday, February 11, all
remaining amendments be debated and all time used; that on Tuesday,
February 12, at a time to be determined, the Senate then proceed to
vote in relation to the amendments in an order specified later, with 2
minutes of debate prior to the votes, equally divided and controlled in
the usual form, and any succeeding votes in the sequence be limited to
10 minutes; that no further amendments be in order Tuesday; and that
upon disposition of all amendments, the Senate vote on the motion to
invoke cloture on S. 2248; and that if cloture is invoked on the bill,
Senator Dodd be recognized to speak for up to 4 hours, Senator Feingold
for up to 15 minutes; that upon the conclusion of these remarks and the
recognition of the managers for up to 10 minutes each, the Senate then
proceed to vote on passage of the bill, and any other provisions of the
previous order remain in effect.
The PRESIDING OFFICER. Is there objection?
Mr. BOND. Reserving the right to object, if I could ask the majority
leader,
[[Page 1563]]
I had talked with Senator Feingold and suggested we have 4 minutes
equally divided on the next vote so he can have 2 minutes and the
chairman and I may each have a minute.
Mr. REID. I accept the modification.
The PRESIDING OFFICER. Is there objection to the request as so
modified?
Without objection, it is so ordered.
Amendment No. 3915
Mr. FEINGOLD. How much time do I have?
The PRESIDING OFFICER. The Senator from Wisconsin has 2 minutes.
Mr. FEINGOLD. Mr. President, I wish to respond to the argument of the
Senator from West Virginia that this amendment would somehow impose a
burden because it would require the Government to identify information
about U.S. persons. I wish to be clear, these use limits kick in only
if the Government proposes to disseminate and use the information, in
which case the bill's minimization procedures already require the
Government to identify information about U.S. persons. So I can't for
the life of me figure out what the Senator is referring to when he
refers to new burdens. My amendment imposes no additional burden at
all.
I yield back the remainder of my time.
The PRESIDING OFFICER. Who yields time in opposition?
Mr. ROCKEFELLER. I have already spoken on this amendment.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, we have made our point that it makes no
sense to exclude the use of information simply because there is a
deficiency, any deficiency in the certification and procedures used to
target foreign terrorists overseas.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
Mr. ROCKEFELLER. I suggest the absence of a quorum.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. ROCKEFELLER. I ask unanimous consent that the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The question is on agreeing to amendment No. 3915.
The yeas and nays have been ordered. The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton),
the Senator from New York (Mr. Nelson), and the Senator from Illinois
(Mr. Obama) are necessarily absent.
Mr. KYL. The following Senator is necessarily absent. The Senator
from Arizona, Mr. McCain.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 40, nays 56, as follows:
[Rollcall Vote No. 11 Leg.]
YEAS--40
Akaka
Baucus
Biden
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Casey
Conrad
Dodd
Dorgan
Durbin
Feingold
Feinstein
Harkin
Kennedy
Kerry
Klobuchar
Kohl
Lautenberg
Leahy
Levin
Lincoln
McCaskill
Menendez
Mikulski
Murray
Nelson (FL)
Reed
Reid
Salazar
Sanders
Schumer
Stabenow
Tester
Webb
Whitehouse
Wyden
NAYS--56
Alexander
Allard
Barrasso
Bayh
Bennett
Bond
Brownback
Bunning
Burr
Carper
Chambliss
Coburn
Cochran
Coleman
Collins
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kyl
Landrieu
Lieberman
Lugar
Martinez
McConnell
Murkowski
Pryor
Roberts
Rockefeller
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Thune
Vitter
Voinovich
Warner
Wicker
NOT VOTING--4
Clinton
McCain
Nelson (NE)
Obama
The amendment (No. 3915) was rejected.
Mr. REID. Mr. President, I move to reconsider the vote, and I move to
lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. REID. Mr. President, I ask unanimous consent that Senators Leahy
and Specter, managers on the part of the Judiciary Committee, be
recognized for up to 20 minutes on Tuesday, February 12, postcloture.
The PRESIDING OFFICER. Without objection, it is so ordered.
There is now 4 minutes equally divided before the next vote.
Who yields time?
The Senator from Wisconsin is recognized.
Amendment No. 3913
Mr. FEINGOLD. Mr. President, the reverse targeting amendment No. 3913
was approved by the Senate Judiciary Committee and is cosponsored by
several of my colleagues. It simply ensures that the new authorities
contained in this bill are not used to engage in what is known as
reverse targeting of Americans here at home. FISA requires the
Government to get a court order when it is wiretapping Americans on
American soil. Reverse targeting refers to the possibility that the
Government will try to get around this requirement by using these new
authorities to wiretap someone overseas, when what the Government is
trying to do and is interested in is the American with whom that
foreign person is communicating.
The bill pretends to ban reverse targeting, but this ban is so weak
as to be meaningless. It would allow reverse targeting as long as the
Government can claim it has some interest, however minor, in the
foreigner it is wiretapping. The amendment says the Government needs an
individualized court order when a significant purpose of the
surveillance is to acquire communications of a person inside the United
States.
The Director of National Intelligence has testified that this
practice, reverse targeting, is a violation of the fourth amendment.
That is what the DNI says. This amendment merely codifies that
constitutional principle.
I strongly urge my colleagues to support this important amendment.
Mr. BOND. Mr. President, I yield 1 minute on our side to the chairman
of the committee.
The PRESIDING OFFICER. The Senator from West Virginia is recognized.
Mr. ROCKEFELLER. Mr. President, this turns the bill on its head. This
says if we are targeting folks overseas, that in effect we have to get
a FISA Court approval for each and every time that happens.
Let me say the amendment causes enormous operational problems for
intelligence professionals. They are very serious about it. The DNI and
the Attorney General say it will hamper U.S. intelligence
authorizations currently authorized because every single person would
have to have a court order, and when you are collecting overseas, that
becomes kind of a burden.
While the technical details concerning such intelligence operations
are classified, the concern is that the restriction would prevent the
Government from doing intelligence collection against a foreign city,
or a neighborhood in a foreign city, in advance of a military operation
or perhaps in pursuit of a terrorist cell.
The amendment is unnecessary, and I urge its defeat.
The PRESIDING OFFICER. The Senator from Missouri is recognized.
Mr. BOND. Mr. President, there is an explicit bright-line prohibition
against reverse targeting in the current bill. As the DNI said, it
would be in violation of the fourth amendment. But Senator Feingold
wants to replace this test with one that would make analysts engage in
mental gymnastics, trying to figure out if ``a significant purpose'' is
to target someone inside the United States. This significant purpose
throws in an additional concern: The analysts who gather and examine
intelligence
[[Page 1564]]
need clear rules, not an ambiguous significant purpose standard.
The adoption of this amendment is seriously detrimental to the
operation of our analysts and the DNI and the Attorney General would
recommend a veto if it is adopted.
We worked hard, and we have a good bipartisan bill that significantly
adds to the protections of civil liberties. We need to pass this bill.
I join with my colleague from West Virginia, the chairman of the
committee, in urging our colleagues to oppose the amendment.
I yield the floor.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Mr. President, we have made progress on FISA. We have more
progress to make. It appears to me that this will be the last recorded
vote. We have a number of other measures we are going to try to dispose
of on this bill. I know we have at least one of Senator Bond's
amendments that will be disposed of by voice vote. We have an agreement
that we will move this bill forward for passage on Tuesday.
On Tuesday, everyone, there will be no morning business. We will come
in at 10 o'clock on Tuesday and start right on FISA, and hope by that
time to have all of the debate completed on this legislation.
Again, this will be the last vote today. I appreciate everyone's
good, hard work this week and look forward to next week.
Mr. FEINGOLD. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. If all time is yielded back, the question is
on agreeing to the amendment. The yeas and nays are ordered.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from New York (Mrs. Clinton),
the Senator from Nebraska (Mr. Nelson), the Senator from Illinois (Mr.
Obama), and the Senator from North Dakota (Mr. Dorgan) are necessarily
absent.
Mr. KYL. The following Senator is necessarily absent. The Senator
from Arizona, (Mr. McCain).
The PRESIDING OFFICER (Mr. Casey). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 38, nays 57, as follows:
[Rollcall Vote No. 12 Leg.]
YEAS--38
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Brown
Byrd
Cantwell
Cardin
Carper
Casey
Conrad
Dodd
Durbin
Feingold
Harkin
Kennedy
Kerry
Klobuchar
Kohl
Lautenberg
Leahy
Levin
McCaskill
Menendez
Mikulski
Murray
Nelson (FL)
Reed
Reid
Sanders
Schumer
Stabenow
Tester
Webb
Whitehouse
Wyden
NAYS--57
Alexander
Allard
Barrasso
Bennett
Bond
Brownback
Bunning
Burr
Chambliss
Coburn
Cochran
Coleman
Collins
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Feinstein
Graham
Grassley
Gregg
Hagel
Hatch
Hutchison
Inhofe
Inouye
Isakson
Johnson
Kyl
Landrieu
Lieberman
Lincoln
Lugar
Martinez
McConnell
Murkowski
Pryor
Roberts
Rockefeller
Salazar
Sessions
Shelby
Smith
Snowe
Specter
Stevens
Sununu
Thune
Vitter
Voinovich
Warner
Wicker
NOT VOTING--5
Clinton
Dorgan
McCain
Nelson (NE)
Obama
The amendment (No. 3913) was rejected.
Mr. BENNETT. I move to reconsider the vote.
Mr. SALAZAR. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. SALAZAR. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BOND. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 3941, as Modified
Mr. BOND. Mr. President, I call up amendment No. 3941, as modified,
the Rockefeller-Bond amendment.
The PRESIDING OFFICER. The amendment is pending.
Mr. BOND. Mr. President, this amendment modifies a provision of the
Protect America Act. I think, along with my colleague, the chairman of
the committee, it makes a lot of sense. It lays out a process for the
FISA Court to conduct a review of a petition from an electronic
communication service provider challenging a directive from the
Government in review of a petition by the Government to enforce
compliance with its directive. Having the court conduct expedited
reviews of these petitions, whether from the provider or from the
Government, is in everyone's best interest.
These questions are essential to be resolved one way or the other for
the protection of the private partners, as well as the protection of
our national security. As long as challenges of enforcement proceedings
remain pending before the court, the intelligence community cannot
intercept terrorist communications through that provider. Those are not
unreasonable requirements. Rather, it reflects the judgment of this
body and the other in the area of national security that important
decisions that go to the heart of our intelligence production should be
made on an expedited basis.
The DNI and the Attorney General advised us they strongly support
this amendment because it would ``ensure challenges to directives and
petitions to compel compliance with directives are adjudicated in a
manner that avoids undue delays in critical intelligence collection.''
We could not agree more.
I hope we will be able to accept this amendment.
I yield the floor to my distinguished chairman.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. ROCKEFELLER. Mr. President, my remarks are only to indicate
strong support for this amendment. It is a wise modification. As far as
I know, there are none who are in dissent. I hope it will be accepted.
The PRESIDING OFFICER. All time is yielded back. The question is on
agreeing to amendment No. 3941, as modified.
The amendment (No. 3941), as modified, was agreed to.
Mr. BOND. I move to reconsider the vote.
Mr. BENNETT. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BOND. Mr. President, we have made some progress today. We have
laid out, through the good work of the leadership of this body, with
Senator Reid and Senator McConnell, a means of going forward on
Tuesday. We have now had over 2 weeks of debate on FISA. I think not
only the fact that everything that could be said pro and con of all the
amendments has been said, but I believe we have given everybody a
chance to say it.
The good news is that when Tuesday comes around, we will have short
time agreements and proceed to vote on these critically important
amendments, and then we hope cloture and, if cloture is invoked, final
passage, with everybody having an opportunity to express themselves.
Again, I personally express my thanks to the leadership, to the
members of the committee who stood with us and our staff, and I thank
our colleagues for letting us come to this position where we see the
end in sight.
The PRESIDING OFFICER. The Senator from West Virginia.
Mr. ROCKEFELLER. Mr. President, in every respect, I second the words
of the vice chairman of the Senate Intelligence Committee. Speaking for
this Senator, in the course of last year, this Senator has spent 6
months working on the children's health insurance bill with staff who
do so much work that they sleep 2 or 3 hours a night, including the
weekends, and achieved nothing. We have had, in a sense, the same
process on the FISA bill. It is very
[[Page 1565]]
complicated because it is a very delicate subject and requires this
very difficult balance between intelligence collection for the security
of the Nation and civil liberties of the people.
I am extremely proud of the way the vice chairman and others,
particularly the majority leader and the minority leader, have
conducted this affair. It took quite some time to get it going. I do
believe I also see light at the end of the tunnel. I think if we do our
work on Tuesday, we will have time to conference this bill with the
House and send a bill to the President. In any event, I am grateful,
particularly to the staff whose work is never mentioned enough.
The PRESIDING OFFICER. The Senator from Utah.
Mr. BENNETT. Mr. President, I ask unanimous consent that I might be
allowed to proceed as in morning business for the next 5 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
CONGRATULATIONS TO SENATOR JOHN McCAIN AND GOVERNOR MITT ROMNEY
Mr. BENNETT. Mr. President, this afternoon, I and a number of others
who have been supporting Gov. Mitt Romney for the Presidency of the
United States met with the Governor and his good wife Ann to have a
postmortem following his announcement that he was suspending his
campaign.
I was perhaps the first Member of this Chamber to announce my public
endorsement of Governor Romney, so I wish to be among the first to
extend my congratulations to Senator McCain, who has now, by virtue of
Governor Romney's suspension of his campaign, locked up the Republican
nomination.
We all have our understanding of Senator McCain's persistence and his
determination to go forward in what he considers to be a good cause.
There has never been a demonstration of the importance of that
persistence quite as dramatic as his comeback from this campaign.
We can remember the time when all of the pundits and, frankly, all
the rest of us, myself very much included, wrote off the McCain
campaign, assuming that Senator McCain was lying dead in the gutter by
the side of the road. I remember talking with some of his supporters in
this Chamber at that time who said the McCain campaign is reeling and
we don't know whether it is going to ever come back. I remember the
rumors that flowed around this town, where people said: We cannot raise
any money for the McCain campaign. No one wants to contribute to a lost
cause.
John McCain, perhaps alone--maybe he had the support of his wife; I
assume he did--said: No, I am going to go forward. He picked himself
off, took himself off to New Hampshire, and did the same kind of thing
he did 8 years ago when he ran against President Bush. In this case, he
not only won New Hampshire, but he was able to expand that to wins
elsewhere, to the point where we have the result today. So he deserves
our congratulations as we recognize this truly extraordinary political
accomplishment on his part.
I share with my colleagues this comment from Governor Romney. As
those of us were supporting him from both the House and the Senate were
gathered around him and talking about this, he shared with us this
particular insight. He looked at what has happened. He sat down with
his supporters. He looked for all the reasons why he should feel good.
They pointed out he had won 4 million votes in the various primaries
and caucuses and Senator McCain had won 4.7 million. So in terms of the
voters who supported him, he was not that far behind. He had won 11
States. Senator McCain had won 13. So on that basis, he was not that
far behind.
But the cold calculating reality of it was he was very far behind as
far as the delegates were concerned. So he said to his advisers and his
political consultants: What would it take for me to win the nomination?
And they said to him very bluntly: You must destroy John McCain. That
was not his word. I don't remember his exact word, but you must go
negative, to use the vocabulary of the political consultant, in such a
way as to make it impossible for John McCain to proceed with the
confidence of the American people. Governor Romney said: I am not going
to try that. Even if it might work, I don't want to try that. I don't
want to do that. And he made the decision that was announced today.
Along with my congratulations to Senator McCain on his extraordinary
achievement and his assuming the position now as the obvious Republican
nominee, I also congratulate my friend, Mitt Romney, on the
graciousness with which he recognized what was happening and his
willingness to withdraw now rather than drag the party on into a
protracted fight that would make it very difficult for Senator McCain
to take control of the levers of power in the party and organize
himself for the fight in the fall.
These are two good men, each one of different views, each one of very
different background, each one of which would bring a different set of
talents to the Presidency, each one of which has now exposed himself to
the fire of the primary process. One has emerged victorious; the other
has recognized that and stepped aside. I think it is a demonstration
that the American political system, however messy, works.
Again, I extend my congratulations to Senator McCain.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
MORNING BUSINESS
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to a period of morning business, with Senators permitted to
speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
SERVICE OF PAGE SAM WOHNS
Mr. LEVIN. Mr. President, the Senate Page Program has been an
intregral part of the functioning of the Senate since its inception in
1829. Senate pages are always on the Senate floor when the Senate is in
session, helping to ensure that the proceedings in the Chamber run
smoothly and efficiently. Pages also are asked to complete a variety of
other tasks when the Senate is not in session. We ask a lot of our
Senate pages, and they always respond. A page is not only expected to
serve the needs of the Senate, which is an important and time-consuming
task, but also is expected to attend school and complete the necessary
requirements of a high school junior.
Senator Daniel Webster selected the first Senate page. In those days,
as is the case today, a page was chosen and sponsored by a Senator.
There is a long and fine tradition of pages chosen by Michigan
Senators, and I am proud to have sponsored many pages that have ably
and responsibly served the Senate.
Sam Wohns, Michigan's most recent Senate page, completed his service
as a Senate page last month with dedication and enthusiasm. Sam is a
part of a fine tradition and a select group that has had the privilege
to serve as a Senate page. He has proven through his hard work in the
Senate and through his many successes in the past that he, like many of
his peers, are some of our ation's best and brightest. This experience
has prepared him well to meet future challenges, as it has for the many
that have preceded him.
Each semester the Senate Page School conducts an essay competition.
Every page is given the opportunity to submit an essay that reflects
their thoughts about their experience as a page. The winner earns the
right to deliver that essay at the closing ceremony for his or her page
class. Sam Wohn's essay was selected as the winning essay last month,
and it is clear from his essay that this past semester
[[Page 1566]]
has had a positive and inspirational impact on him and his fellow
pages.
It is a distinct honor to be chosen as a Senate page, and the work
that this page class has done is valued by all of us in the Senate. I
know my colleagues join me in thanking each Senate page for a job well
done. I look forward to hearing about their many successes in the
future.
I ask unanimous consent to have the text of Sam Wohn's speech at the
closing ceremony of his page class last month printed in the
Congressional Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Good morning. It's hard for me to believe that today is our
last day of Paging. Part of me feels like I just arrived. I
still have so much to learn about our political process and
there is still so much more that I want to do in DC. On the
other hand, part of me feels like I've been here for years.
I'm fully adjusted to dorm life, shortened class periods, and
the demands of working at the Senate.
While I had dreamt of nearly every aspect of being a Page
before I first stepped foot in Webster Hall, I hadn't
imagined having to leave. Knowing that I'll never again have
the opportunity to bring a senator a glass of water or to
rush back early from dinner to open doors during a rollcall
vote is disheartening, but knowing that I'll have the
friendship of my fellow Pages for years to come is
encouraging.
The other Pages from all around the country have enriched
my experience more than anything else. And while I did learn
the particulars of parliamentary procedure, the proper way to
set up an easel, and how to operate on five hours of sleep a
night, the most important lesson of this semester has been
the value of teamwork. The bond between all of the Pages made
no challenge insurmountable and made no hardship unbearable.
Without that support network, I think my experience as a Page
would have been very different.
As I was preparing this speech, I came across an email that
I sent to my parents in the summer after my freshman year. I
described the Page Program as a ``flawless utopia'' in that
email. After taking Advanced Composition this semester I know
that my word choice, ``flawless utopia,'' was a little
redundant, but I think you get the idea--I had high
expectations. I expected nothing short of an amazing
experience, and my experience was nothing short of amazing.
Yet, it wouldn't have been as rewarding if it wasn't as
challenging as it was. The weeks when I didn't get done with
work until ten o'clock at night were the most memorable. I'll
never forget the last night of rollcall votes when the senate
was in session until after midnight or the last day of
legislative business when Senator Levin showed all of the
Pages his favorite signatures inside the desks on the floor.
I worked long hours, but it certainly didn't seem like work.
I consider this semester a gift. I feel so fortunate to
have been a student in each of my teacher's classrooms, to
have made so many great friends, and to have played a role in
the functioning of the world's most powerful legislative
body. This semester has been a gift of knowledge from my
teachers, a gift of friendship from all of the other pages,
and a gift of new awareness and perspective that I gained
from the many responsibilities all of us Pages shared at the
Senate and at Webster Hall.
Like most gifts in Washington, this one has strings
attached. As former Pages, we'll have obligations that we
didn't have before. Our firsthand knowledge of the
legislative process obligates us to stay informed of current
events, our new awareness of some of the deep injustices in
the world obligates us to do what we can to address them, and
our work experiences obligate us to share our many stories
with friends and family.
Many people have told me that a semester of Paging is
similar to the first semester of college. I can only hope
that my college experience is as memorable as the last four
and a half months. It has been an honor and privilege to
serve with you all. I will miss you and yet I know that we
are inexorably connected for a lifetime.
____________________
TRIBUTE TO ROBERT BALL
Mr. KENNEDY. Mr. President, all of us who knew Robert Ball are
saddened by his death last week. For many of us in Congress and for
tens of millions of Americans in recent decades, Bob Ball was Mr.
Social Security. He deserves immense credit not only for his
indispensable leadership in making it the most successful and most
beloved social program in the nation's history, but also for doing so
much over the years to keep it that way when some in high places sought
to undermine it.
President Kennedy named Bob as Commissioner of Social Security in
1962, the same year I came to the Senate, and I know my brother would
regard him as one of his finest appointments. Bob's leadership was
indispensable in maintaining the strength of Social Security in the
1960s and dramatically expanding it to include Medicare and disability
benefits. Countless times over the years, I have benefited from Bob's
extraordinary wisdom, experience and friendship.
Bob stepped down as Commissioner in 1973, but he never really
retired. He was a key member of the Greenspan Commission on Social
Security reform in the early 1980s, and in 1986 he founded the National
Academy of Social Insurance, whose studies and publications have been
an invaluable policy resource for all of us in Congress on Social
Security, Medicare, and other important social programs such as
workers' compensation and unemployment insurance. Through its awards
and internships, the Academy has inspired many young people in
government, the private sector and universities to devote themselves to
these issues as he did.
As recently as last fall, at the age of 93, Bob was sending out to
his extensive mailing list his ideas for protecting and financing
Social Security, backed up, as they always were, by sound cost
estimates provided by loyal Social Security employees who are still
deeply inspired by Bob.
I will miss Bob very much, and I extend my deepest condolences to his
wife Doris and all his children, grandchildren, and great-
grandchildren. Bob Ball was one of a kind. Few if any in the long
history of our country have done so much for so many for so long.
Mr. President, I ask unanimous consent that last Friday's obituary in
the New York Times on Bob Ball be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the New York Times, Feb. 1, 2008]
Robert M. Ball Is Dead at 93; Led Social Security
(By Dennis Hevesi)
Robert M. Ball, the commissioner of Social Security in the
Kennedy, Johnson and Nixon administrations, an architect of
Medicare and an influential opponent of privatizing Social
Security, died Wednesday at his home in Bowie, Md. He was 93.
The cause was congestive heart failure, his son, Jonathan,
said.
``Bob Ball left an indelible mark on the Social Security
program and the agency in that he played a critical role in
the establishment of Medicare,'' the current commissioner,
Michael J. Astrue, said Wednesday in a statement. ``His
commitment to Social Security was unequaled.''
Mr. Ball was commissioner from 1962 to 1973, but his
advocacy for preserving the program went well beyond his
retirement from public service.
In 1981, he represented the speaker of the House, Thomas P.
O'Neill Jr., Democrat of Massachusetts, on the National
Commission on Social Security Reform.
Called the Greenspan Commission, for its chairman, Alan
Greenspan, who later became chairman of the Federal Reserve,
it was created by President Ronald Reagan at a time when
Social Security faced financial problems. High inflation and
high unemployment were significantly decreasing revenues.
Mr. Reagan wanted a report by the end of 1982, but the
commission was deadlocked along partisan lines. Behind the
scenes, Mr. Ball negotiated with James A. Baker III, Mr.
Reagan's chief of staff, and Richard G. Darman, a deputy
Treasury secretary.
Weeks before the deadline, they came up with a compromise,
a complex balance of tax increases and benefit cuts that was
acceptable to the president and to Mr. O'Neill. Those 1983
amendments remain the most recent substantial changes to the
system.
In 1996, Mr. Ball was a member of a Social Security
advisory council that was considering partial privatization
of the system, a precursor to the broader plan that President
Bush would propose eight years later. The council chairman,
Edward M. Gramlich, a Federal Reserve board member, favored
the plan. But Mr. Ball managed to place so many other issues
before the council that privatization was kept off the table.
Still, privatization became a centerpiece of Mr. Bush's re-
election campaign in 2004. The president wanted to allow
workers to divert part of their Social Security payroll taxes
into private accounts. Opponents, including Mr. Ball, said
the Plan would leave the system under-financed.
``Bob Ball essentially set up a war room in his living
room; a phone, a fax machine and his big Rolodex,'' Thomas N.
Bethell, the editor of Mr. Ball's 2000 book, ``Insuring the
Essentials: Bob Ball on Social Security'' (Century Foundation
Press), said on Thursday. ``He wrote position papers,
broadsides and papered Capitol Hill with them.''
[[Page 1567]]
Mr. Ball said the system was not facing financial disaster,
as the president contended, and could be strengthened by,
among other measures, raising the level of wages that could
be taxed for Social Security, which is currently capped at
$102,000. With Democrats in the majority since the elections
of 2006, Congress has not addressed privatization.
Robert D. Reischauer, a former director of the
Congressional Budget Office, said Mr. Ball's influence was
potent. ``For years he has been one of the strongest
defenders of the existing structure,'' Mr. Reischauer said
Thursday. ``He provided the intellectual firepower to those
who want to preserve it.''
Robert Myers Ball was born in Manhattan on March 28, 1914,
the son of Archey and Laura Crump Ball. His father was a
Methodist minister. Mr. Ball graduated from Wesleyan
University with a degree in English in 1935, and a An
official for three presidents and an architect of Medicare.
year later earned a master's degree there in economics.
Besides his son, Jonathan, of Cazenovia, N.Y., Mr. Ball is
survived by his wife of 71 years, the former Doris McCord; a
daughter, Jacqueline Ball Smith of Meredith, N.H.; three
grandchildren and four great-grandchildren.
Mr. Ball first worked as a Social Security field assistant
in New Jersey in 1939. In 1947 and 1948, he was staff
director of the Senate Finance Committee's advisory council
on Social Security, playing a crucial role in shaping
legislation that significantly expanded coverage and
benefits. in 1949, he rejoined the Social Security
Administration and began rising through the ranks. President
John F. Kennedy appointed him commissioner in 1962.
As commissioner, he played significant roles in creating
and winning enactment of Medicare, which provides health
insurance to people 65 and over, and the Social Security
disability program.
Recently, Mr. Ball had called on all presidential
candidates to vow not to cut Social Security benefits. Last
October, in an op-ed article in The Washington Post, he
wrote: ``Social Security is the nation's most effective
antipoverty program, But it's much more than that. For every
worker it provides a solid base on which to try to build an
adequate level of retirement income. To weaken that
foundation would be grossly irresponsible.''
____________________
NATIONAL DEFENSE UNIVERSITY
Mr. WARNER. Mr. President, I rise today to recognize the importance
of the National Defense University, NDU, and its contribution to our
national security. Since 1976, the NDU has been the premier center for
Joint Professional Military Education. Under the direction and
leadership of the Chairman of the Joint Chiefs of Staff, NDU provides
an educational and research environment to prepare future leaders of
the armed services, the Department of State, other civilian agencies,
and allied countries for high-level policy, command, and staff
responsibilities. In addition, a limited number of students from
private industry attend the university. Members of both Houses of
Congress have benefitted from interactions with students and experts on
the NDU campus. Students are selected for their leadership potential
and many NDU alumni have gone on to senior leadership positions in
their service, agency, or country.
NDU is a center for joint, multinational, and interagency education.
It is comprised of the National War College, NWC; Industrial College of
the Armed Forces, ICAF; Joint Forces Staff College, JFSC; Information
Resources Management College, IRMC; School for National Security
Executive Education, SNSEE; Institute for National Strategic Studies,
INSS; Center for the Study of Weapons of Mass Destruction, CSWMD;
Center for Technology and National Security Policy, CTNSP; Institute
for National Security Ethics and Leadership; and 5 special programs:
Capstone/Pinnacle/Keystone, Joint Reserve Affairs Center, JRAC;
International Student Management Office, ISMO; Secretary of Defense
Corporate Fellows Program, SDCFP; and the NATO Staff Officer
Orientation Course, NSOOC.
With facilities located in Washington, DC, and Norfolk, VA, more than
1,000 people attend university courses and programs on any given day.
NDU is an accredited graduate-level university awarding approximately
600 masters degrees each year. Through agreements with a number of
universities, IRMC students can earn 15 graduate credits for work
completed at NDU.
At NDU, students are taught how to think--not what to think. The
curriculum combines information technology, classroom experience, and
experiential learning. Through lecture programs, students gain
important insights from top military, government, industry, and
international leaders to include the President of the United States,
Cabinet-level officials, the Joint Chiefs of Staff, commanders from
major military commands, Members of Congress, civilian leaders, and
foreign ministers of defense. Speakers talk frankly with students under
the University's nonattribution policy allowing a free exchange of
ideas.
Annually, NDU's outreach efforts include more than 500 conferences,
symposia, and workshops; 20,000 visitors; 120 faculty and staff
publications; and 350 conference presentations by university faculty
and staff to both national and international audiences.
The award-winning NDU Press produces numerous publications, which
address national security issues. The NDU Library with a collection of
more than 500,000 bound items, audiovisual materials, classified
documents, and on-line services is an extensive source for information
about national security policy, military strategy, defense resource
management, and industry studies.
The National Defense University is a significant and valuable
institution for the development of leaders for America's national
security needs.
____________________
DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
Mr. WARNER. Mr. President, I rise today to recognize the Defense
Advanced Research Projects Agency on its 50th anniversary. Today, DARPA
celebrates 50 years of innovation and dedication to America's security.
After the Soviet launch of Sputnik, President Dwight D. Eisenhower
was determined to ensure this nation was never again surprised by the
technological accomplishments of an adversary. On this day in 1958, a
central research and development organization, known then as the
Advanced Research Projects Agency, or ARPA, and unlike any organization
in the world, was created within the Department of Defense.
From the very beginning, its mission has been to ensure that the
United States Armed Forces have access to the most advanced war
fighting capabilities by developing ideas that many would consider too
risky to implement. DARPA's mission is about making smart investments
on high-payoff opportunities, and it has been very successful.
Over the past 50 years, DARPA has delivered to our country innovative
technological achievements that have given American Forces never-
before-seen capabilities. I also note that this achievement has not
come without tremendous sacrifice by thousands of DARPA employees and
their families as they worked long days to solve challenging scientific
matters.
DARPA's notable achievements include early ballistic missile defense,
stealth aircraft technology, unmanned aerial vehicles, and autonomous
navigation. The benefits of DARPA's efforts have evolved in many ways,
from the rocket engines that powered the first manned space flight to
the smallest microelectronics in our cell phones today. DARPA also
helped develop the Internet, and built the small receivers that made
the global positioning system data easily accessible--both have changed
the ways our forces operate, and have also changed the lives of all
Americans for the better. Entire industries have developed from early
DARPA-funded research in core technologies such as material sciences,
microelectronics, photonics, and information technology.
I congratulate DARPA for its service to our Nation. The Agency's
commitment and contributions over the past 50 years have made DARPA the
crown jewel in our nation's national security and we look forward to
the achievements they will continue to make for future generations.
As DARPA begins its work for the next 50 years, it is important that
we do everything possible to help DARPA continue its tradition of
excellence, and thus keep our Nation strong.
(At the request of Mr. REID, the following statement was ordered to
be printed in the Record.)
[[Page 1568]]
____________________
VOTE EXPLANATION
Mr. NELSON of Nebraska. Mr. President, I was unable to cast my
cote on Thursday, February 7, 2008. As a result, I would ask that the
Record reflect the following:
On vote No. 9, if present and voting, I would have voted ``yea.''
On vote No. 10, if present and voting, I would have voted ``yea.''
On vote No. 11, if present and voting, I would have voted ``no.''
On vote No. 12, if present and voting, I would have voted
``no.''
____________________
ADDITIONAL STATEMENTS
______
REMEMBERING VI STOIA
Mr. JOHNSON. Mr. President, today I wish to honor the life of
Viorel G. ``Vi'' Stoia, who dedicated his life to enhance the lives of
the citizens of Aberdeen and the surrounding area. He will be sadly
missed, but many of us will continue to benefit for decades from his
legacy.
Vi's leadership qualities showcased themselves early in his life. Vi
graduated from Aberdeen Central High School in 1942 as president of his
senior class. He then served honorably in the U.S. Navy in both the
North and South Pacific. He returned to the United States to attend the
University of Minnesota and upon graduation headed for his hometown of
Aberdeen, SD. Thus began his long role of public service, which several
have described as unparalleled.
Vi began his career in Aberdeen as an agent and broker for
Northwestern Mutual Life and continued to work tirelessly for over 50
years to improve the northeast South Dakota region. Some of the
numerous projects he was instrumental in developing include Student
Loan Finance Corporation, Education Assistance Corporation,
Northeastern Mental Health, the Aberdeen Development Corporation,
Northeast Regional Health and Fitness Center, the Northwest Highway 281
bypass, and the four-lane highway from Aberdeen to I-29. Vi was also a
devoted family man, an active member of St. Mary's Catholic Church, and
committed to furthering the work of the Presentation Sisters.
For his efforts over these many years, Vi was awarded the Medal of
Distinguished Excellence, and the Community Volunteer, Excellence in
Economic Development award. Vi was the all-around resource center for
anything going on in Aberdeen. Many benefited from the newspaper
clippings he sent or handed to people he thought could use them. I
remember some he sent to me. Vi was a pioneer in regional development
and he saw that as the future of Aberdeen.
Vi is survived by his wife Donna, four children, and five
grandchildren. I would like to offer my condolences to the family,
friends, and fellow advocates whom Vi touched with his efforts on
behalf of the people of northeast South Dakota. They have much to be
proud of, and it is my hope that their memories will be rich with the
many great accomplishments and the lives that Vi touched during his
life. Although we will all miss him, his memory will serve as a beacon
to our young people to better the lives of others and their communities
through the examples he has set.
____________________
RECOGNIZING BILL STEWART
Mr. ROCKEFELLER. Mr. President, today I recognize the
achievements of someone who has inspired me personally, who has made
West Virginians laugh when there is little to laugh about, and whose
contribution to my home State cannot be underscored enough.
When New Martinsville native Bill Stewart led the West Virginia
Mountaineers into the Fiesta Bowl, he did more than just defeat the
Oklahoma Sooners 48-28. ``Coach Stew,'' as his fans reverently call
him, lifted the spirits of our entire State.
Since that time, Bill's West Virginia charm has been infectious, his
press conferences legendary, and his impact on our State's culture
profound. Anyone who has played or worked with him loves him. His
arrival on the scene was exactly what the State needed: a good-natured
underdog with which people could identify.
For West Virginians, December 2007 had been abysmal. Not only did we
lose a chance at the National Championship, but we lost our coach,
endured endless ridicule in the media, were constantly told that
Oklahoma would embarrass us--the negativity never seemed to stop.
But then Coach Stew stood up, stood proud, and said, with his
trademark smile, ``When it gets too tough for everyone else--it's just
about right for Billy Stewart.''
And he was absolutely right.
Now, every time I go home, West Virginians cannot emphasize enough
the amount of pride they felt when this coach guided their team into
the Fiesta Bowl. West Virginians will never forget Bill's optimism,
when he promised to give the Sooners a good fight; his emotion, when he
met quarterback Patrick White at the sideline, grabbed him by the
helmet and seemed to say, ``I love you, kid''; his satisfaction, as he
watched his team storm the field, victorious; or his own surprise, when
WVU rewarded Bill with the Mountaineers' head coaching job--a position
for which he was too humble to politic, but more than qualified to
accept.
These were iconic moments in West Virginia history--and they pulled
right on the heart strings.
The degree of humility in this coach was absolutely awe-inspiring;
his faith jaw-dropping; and his devotion to his players and colleagues
nothing short of extraordinary. Since those memorable days in Arizona,
Coach Stew has assembled a top-notch staff, maintained an impressive
recruiting class, and recaptured the heart--not just the attention--of
Mountaineer Nation.
To me, Bill Stewart embodies all that is good about West Virginia. An
unlikely but deserving hero, he is a man whose cheerful optimism,
character and Appalachian charm have given us a reason to cheer again.
For that, I express my deepest gratitude and deepest admiration to
New Martinsville's favorite son. I am glad that he is a fellow West
Virginian, I am glad that he is a part of our culture, and I wish him
the absolute best of luck.
____________________
RECOGNIZING THE DESORMEAUX FOUNDATION
Mr. VITTER. Mr. President, I wish to acknowledge the work of
the Desormeaux Foundation and in particular to commend their annual
Life Banquet, which helps support their efforts to assist women with
unplanned pregnancies.
The Foundation runs the St. Marguerite d'Youville Home for pregnant
women and mothers in crisis. The home welcomes them with a peaceful,
secure setting that offers spiritual guidance and access to
educational, medical, and professional resources.
Over the years, the Desormeaux Foundation has worked tirelessly on
efforts like this to advance pro-life values, and I am greatly
appreciative of the constant vigilance by the Desormeaux Foundation in
helping advance these values.
I commend the foundation for their hard work to support agendas that
protect human life, like banning partial-birth abortions, outlawing
abortion drugs, and preventing taxpayer dollars from funding abortions,
as well as strongly supporting adoption and crisis pregnancy centers.
The Desormeaux Foundation's work is helping promote the culture of
life, and I would like to applaud the good people of the Desormeaux
Foundation and wish them continued success in their mission.
____________________
MESSAGE FROM THE PRESIDENT
A message from the President of the United States was communicated to
the Senate by Mrs. Neiman, one of his secretaries.
____________________
EXECUTIVE MESSAGE REFERRED
As in executive session the Presiding Officer laid before the Senate
a message from the President of the United States submitting a
withdrawal of a
[[Page 1569]]
nomination which was referred to the Committee on Health, Education,
Labor, and Pensions.
(The nomination received today is printed at the end of the Senate
proceedings.)
____________________
MESSAGE FROM THE HOUSE
At 2:00 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bill, without amendment:
S. 781. An act to extend the authority of the Federal Trade
Commission to collect Do-Not-Call Registry fees to fiscal
year 2007.
The message also announced that the House has agreed to the following
concurrent resolutions, in which it requests the concurrence of the
Senate:
H. Con. Res. 273. Concurrent resolution recognizing the
50th Anniversary of the National Academy of Recording Arts &
Sciences.
H. Con. Res. 287. Concurrent resolution celebrating the
50th anniversary of the United States Explorer I satellite,
the world's first scientific spacecraft, and the birth of the
United States space exploration program.
The message further announced that pursuant to section 2 of the Civil
Rights Commission Amendments Act of 1994 (42 U.S.C. 1975 note), the
order of the House of January 4, 2007, and upon the recommendation of
the Minority Leader, the Speaker appoints the following member on the
part of the House of Representatives to the Commission on Civil Rights
to fill the existing vacancy thereon and, effective February 12, 2008,
the Speaker's reappointment of the same member to a 6-year term
expiring February 11, 2014:
Mr. Todd Gaziano of Falls Church, Virginia.
____________________
MEASURES REFERRED
The following concurrent resolutions were read, and referred as
indicated:
H. Con. Res. 273. Concurrent resolution recognizing the
50th Anniversary of the National Academy of Recording Arts &
Sciences; to the Committee on the Judiciary.
H. Con. Res. 287. Concurrent resolution celebrating the
50th anniversary of the United States Explorer I satellite,
the world's first scientific spacecraft, and the birth of the
United States space exploration program; to the Committee on
Commerce, Science, and Transportation.
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-4961. A communication from the Director, Regulatory
Review Group, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``2005-2007
Livestock Compensation and Catfish Grant Programs'' (RIN0560-
AH72) received on January 29, 2008; to the Committee on
Agriculture, Nutrition, and Forestry.
EC-4962. A communication from the Director, Regulatory
Review Group, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Regulatory
Streamlining of the Farm Service Agency's Direct Farm Loan
Programs; Correction'' (RIN0560-AF60) received on January 29,
2008; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-4963. A communication from the Director, Regulatory
Review Group, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Emergency
Agricultural Assistance, 2007; Crop Disaster and Livestock
Indemnity Programs'' (RIN0560-AH76) received on January 29,
2008; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-4964. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Payment Withholding--Deletion of Duplicative Text'' (DFARS
Case 2007-D010) received on January 29, 2008; to the
Committee on Armed Services.
EC-4965. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Combating Trafficking in Persons'' (DFARS Case 2004-D017)
received on January 29, 2008; to the Committee on Armed
Services.
EC-4966. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Closeout of Contract Files'' (DFARS Case 2006-D045)
received on January 29, 2008; to the Committee on Armed
Services.
EC-4967. A communication from the Director, Defense
Procurement and Acquisition Policy, Department of Defense,
transmitting, pursuant to law, the report of a rule entitled
``Commercial Item Determinations'' (DFARS Case 2007-D005)
received on January 29, 2008; to the Committee on Armed
Services.
EC-4968. A communication from the Under Secretary of
Defense (Personnel and Readiness), transmitting, pursuant to
law, a report relative to the needs of members of the
National Guard and Reserve returning from deployment; to the
Committee on Armed Services.
EC-4969. A communication from the Secretary of Commerce,
transmitting, pursuant to law, a report relative to the
Department's foreign policy-based controls; to the Committee
on Banking, Housing, and Urban Affairs.
EC-4970. A communication from the Legal Information
Assistant, Office of Thrift Supervision, transmitting,
pursuant to law, the report of a rule entitled ``Identity
Theft Red Flags and Address Discrepancies Under the Fair and
Accurate Credit Transactions Act of 2003'' (RIN1550-AC04)
received on January 29, 2008; to the Committee on Banking,
Housing, and Urban Affairs.
EC-4971. A communication from the Counsel for Legislation
and Regulations, Office of Housing, Department of Housing and
Urban Development, transmitting, pursuant to law, the report
of a rule entitled ``FHA Appraiser Roster Requirements''
(RIN2502-AI53) received on January 29, 2008; to the Committee
on Banking, Housing, and Urban Affairs.
EC-4972. A communication from the Director, Office of
Legislative Affairs, Federal Deposit Insurance Corporation,
transmitting, pursuant to law, the report of a rule entitled
``Rules of Practice and Procedure'' (RIN3064-AD22) received
on January 29, 2008; to the Committee on Banking, Housing,
and Urban Affairs.
EC-4973. A communication from the Director, Office of
Legislative Affairs, Federal Deposit Insurance Corporation,
transmitting, pursuant to law, the report of a rule entitled
``Community Reinvestment Act Regulations'' (RIN1157-AD05)
received on January 29, 2008; to the Committee on Banking,
Housing, and Urban Affairs.
EC-4974. A communication from the Deputy Assistant
Administrator for Operations, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Magnuson-Stevens Fishery
Conservation and Management Act Provisions; Fisheries of the
Northeastern United States; Specifications for the 2008-2010
Surfclam and Ocean Quahog Fisheries'' (RIN0648-AV42) received
on January 29, 2008; to the Committee on Commerce, Science,
and Transportation.
EC-4975. A communication from the Acting General Counsel,
Federal Energy Regulatory Commission, transmitting, pursuant
to law, the report of a rule entitled ``Facilities Design,
Connections and Maintenance Reliability Standards'' (Docket
No. RM07-3-000) received on January 29, 2008; to the
Committee on Energy and Natural Resources.
EC-4976. A communication from the Assistant Administrator,
Office of Administration and Resources Management,
Environmental Protection Agency, transmitting, pursuant to
law, a report relative to the Agency's competitive sourcing
efforts during fiscal year 2007; to the Committee on
Environment and Public Works.
EC-4977. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Adequacy of Nebraska Municipal Solid Waste Landfill
Program'' (FRL No. 8523-2) received on January 28, 2008; to
the Committee on Environment and Public Works.
EC-4978. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Air Quality Implementation
Plans; Ohio; Clean Air Interstate Rule'' (FRL No. 8519-6)
received on January 28, 2008; to the Committee on Environment
and Public Works.
EC-4979. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Clothianidin; Pesticide Tolerance'' (FRL No. 8346-9)
received on January 28, 2008; to the Committee on Environment
and Public Works.
EC-4980. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Final Rule; Ohio; Revised Oxides of Nitrogen Regulation,
Phase II, and Revised NOx Trading Rule'' (FRL No. 8519-1)
received on January 28, 2008; to the Committee on Environment
and Public Works.
EC-4981. A communication from the Assistant Secretary of
the Army (Civil Works), transmitting, pursuant to law, a
report relative to a hurricane and storm damage risk
reduction system; to the Committee on Environment and Public
Works.
EC-4982. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting,
[[Page 1570]]
pursuant to law, the report of a rule entitled ``Approval and
Promulgation of Air Quality Implementation Plans; Maine;
Transportation Conformity'' (FRL No. 8524-9) received on
February 4, 2008; to the Committee on Environment and Public
Works.
EC-4983. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Implementation Plans and
Operating Permits Program; State of Kansas'' (FRL No. 8526-2)
received on February 4, 2008; to the Committee on Environment
and Public Works.
EC-4984. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``North Dakota: Final Authorization of State Hazardous Waste
Management Program Revision and Incorporation by Reference of
Approved Hazardous Waste Program'' (FRL No. 8524-7) received
on February 4, 2008; to the Committee on Environment and
Public Works.
EC-4985. A communication from the Program Manager,
Administration for Children and Families, Department of
Health and Human Services, transmitting, pursuant to law, the
report of a rule entitled ``Reauthorization of Temporary
Assistance for Needy Families Program--Corrected Version''
(RIN0970-AC27) received on January 31, 2008; to the Committee
on Finance.
EC-4986. A communication from the Acting Regulations
Officer, Social Security Administration, transmitting,
pursuant to law, the report of a rule entitled ``Methods for
Conducting Personal Conferences When Waiver of a Recovery of
a Title II or Title XVI Overpayment Cannot Be Approved''
(RIN0960-AG40) received on January 29, 2008; to the Committee
on Finance.
EC-4987. A communication from the Acting Regulations
Officer, Social Security Administration, transmitting,
pursuant to law, the report of a rule entitled ``Private
Printing of Prescribed Applications, Forms, and Other
Publications'' (RIN0960-AG36) received on January 29, 2008;
to the Committee on Finance.
EC-4988. A communication from the Secretary of Labor,
transmitting, pursuant to law, a report relative to the
effect of the implementation of the Andean Trade Preference
Act on labor in the United States; to the Committee on
Finance.
EC-4989. A communication from the Secretary of Health and
Human Services, transmitting, pursuant to law, an annual
report on the Child Support Enforcement Program for fiscal
year 2005; to the Committee on Finance.
EC-4990. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Nuclear Decommissioning Costs'' ((RIN1505-
BF09)(TD 9374)) received on January 31, 2008; to the
Committee on Finance.
EC-4991. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Revenue Procedure: Reduction of Penalty for
Understating Tax by Adequate Disclosure of an Item on
Return'' (Rev. Proc. 2008-14) received on January 31, 2008;
to the Committee on Finance.
EC-4992. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Uniform Effective Date of Certain Funding
Regulations and 2008 Transitional Rule for Certain Small
Plans'' (Notice 2008-21) received on February 4, 2008; to the
Committee on Finance.
EC-4993. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Rates of Accrual in Cash Balance Defined
Benefit Pension Plans'' (Rev. Rul. 2008-7) received on
February 4, 2008; to the Committee on Finance.
EC-4994. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Release of Lien or Discharge of Property''
((RIN1545-BE35)(TD 9378)) received on February 4, 2008; to
the Committee on Finance.
EC-4995. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Appeals Settlement Guidelines; Losses
Claimed and Income to be Reported From Sale In/Lease Out
Transactions'' (UIL: 9300.38-00) received on February 4,
2008; to the Committee on Finance.
EC-4996. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, a report relative to U.S.
military personnel and civilian contractors involved in the
anti-narcotics campaign in Colombia; to the Committee on
Foreign Relations.
EC-4997. A communication from the President of the United
States, transmitting, pursuant to law, a report relative to
the interdiction of aircraft engaged in illicit drug
trafficking; to the Committee on Foreign Relations.
EC-4998. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed license for the export of defense articles to Japan
relative to the co-development of the Galaxy Express space
launch vehicle upgrade program; to the Committee on Foreign
Relations.
EC-4999. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed license for the export of defense articles to
Russia, Ukraine and Norway relative to the launch of all
commercial and foreign non-commercial satellites from the
Pacific Ocean; to the Committee on Foreign Relations.
EC-5000. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed license for the export of defense articles to
Kazakhstan relative to the launch of satellites; to the
Committee on Foreign Relations.
EC-5001. A communication from the Global AIDS Coordinator,
President's Emergency Plan for AIDS Relief, transmitting,
pursuant to law, a report entitled ``The Power of
Partnerships''; to the Committee on Foreign Relations.
EC-5002. A communication from the Human Resources
Specialist, Office of the Assistant Secretary for
Administration and Management, Department of Labor,
transmitting, pursuant to law, (2) reports relative to
vacancy announcements within the Department, received on
January 29, 2008; to the Committee on Health, Education,
Labor, and Pensions.
EC-5003. A communication from the Director, Regulations
Policy and Management Staff, Department of Health and Human
Services, transmitting, pursuant to law, the report of a rule
entitled ``Index of Legally Marketed Unapproved New Animal
Drugs for Minor Species'' ((RIN0910-AF67) (Docket No. 2006N-
0067)) received on January 29, 2008; to the Committee on
Health, Education, Labor, and Pensions.
EC-5004. A communication from the Assistant General Counsel
for Regulatory Services, Office of Special Education and
Rehabilitative Services, Department of Education,
transmitting, pursuant to law, the report of a rule entitled
``National Institute on Disability and Rehabilitation
Research--Disability Rehabilitation Research Projects,
Rehabilitation Research and Training Centers, and
Rehabilitation Engineering Research Centers--Notice of Final
Priorities'' (72 FR 6132) received on February 4, 2008; to
the Committee on Health, Education, Labor, and Pensions.
EC-5005. A communication from the Secretary of Health and
Human Services, transmitting, pursuant to law, an annual
report relative to the Assets for Independence Program; to
the Committee on Health, Education, Labor, and Pensions.
EC-5006. A communication from the White House Liaison,
Office of Special Education and Rehabilitative Services,
Department of Education, transmitting, pursuant to law, (2)
reports relative to vacancy announcements within the
Department, received on January 31, 2008; to the Committee on
Health, Education, Labor, and Pensions.
EC-5007. A communication from the Inspector General,
Railroad Retirement Board, transmitting, pursuant to law,
budget justification for the Board for fiscal year 2009; to
the Committee on Health, Education, Labor, and Pensions.
EC-5008. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of action on a nomination for the
position of Assistant Secretary for Planning and Evaluation,
received on January 31, 2008; to the Committee on Health,
Education, Labor, and Pensions.
EC-5009. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of action on a nomination and
discontinuation of service in an acting role for the position
of Assistant Secretary for Public Affairs, received on
January 31, 2008; to the Committee on Health, Education,
Labor, and Pensions.
EC-5010. A communication from the Administrator,
Environmental Protection Agency, transmitting, pursuant to
law, a report entitled ``2007 Annual Report to Congress on
Implementation of Public Law 106-107''; to the Committee on
Homeland Security and Governmental Affairs.
EC-5011. A communication from the Secretary of Labor,
transmitting, pursuant to law, a report entitled
``Performance and Accountability Report Highlights 2007''; to
the Committee on Homeland Security and Governmental Affairs.
EC-5012. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, an annual report relative to
the implementation of Public Law 106-107 during fiscal year
2007; to the Committee on Homeland Security and Governmental
Affairs.
EC-5013. A communication from the Chairman and Chief
Executive Officer, Farm Credit Administration, transmitting,
pursuant to
[[Page 1571]]
law, a report relative to the Administration's compliance
with the Sunshine Act during calendar year 2007; to the
Committee on Homeland Security and Governmental Affairs.
EC-5014. A communication from the Secretary, Mississippi
River Commission, Department of the Army, transmitting,
pursuant to law, a report relative to the Commission's
compliance with the Sunshine Act during calendar year 2007;
to the Committee on Homeland Security and Governmental
Affairs.
EC-5015. A communication from the Director, Office of
Personnel Management, transmitting, pursuant to law, an
annual report for fiscal year 2007 relative to the Federal
Equal Opportunity Recruitment Program; to the Committee on
Homeland Security and Governmental Affairs.
EC-5016. A communication from the White House Liaison,
Department of Justice, transmitting, pursuant to law, the
report of a change in previously submitted reported
information and discontinuation of service in an acting role
for the position of U.S. Attorney, Eastern District of Texas,
received on January 29, 2008; to the Committee on the
Judiciary.
EC-5017. A communication from the White House Liaison,
Department of Justice, transmitting, pursuant to law, the
report of a vacancy and designation of an acting officer for
the position of U.S. Attorney, District of Minnesota,
received on January 29, 2008; to the Committee on the
Judiciary.
EC-5018. A communication from the White House Liaison,
Department of Justice, transmitting, pursuant to law, the
report of a vacancy and designation of an acting officer for
the position of U.S. Attorney, Eastern District of Kentucky,
received on January 29, 2008; to the Committee on the
Judiciary.
EC-5019. A communication from the White House Liaison,
Department of Justice, transmitting, pursuant to law, the
report of a change in previously submitted information and
discontinuation of service in the acting role of U.S.
Attorney, Eastern District of Arkansas, received on January
29, 2008; to the Committee on the Judiciary.
EC-5020. A communication from the Deputy General Counsel
and Designated Reporting Official, Office of National Drug
Control Policy, Executive Office of the President,
transmitting, pursuant to law, the report of a vacancy and
designation of an acting officer for the position of Deputy
Director for Supply Reduction, received on January 29, 2008;
to the Committee on the Judiciary.
EC-5021. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, the report of a rule entitled
``Visas: Documentation of Immigrants Under the Immigration
and Nationality Act, as amended'' (22 CFR Part 42) received
on January 31, 2008; to the Committee on the Judiciary.
EC-5022. A communication from the White House Liaison,
Department of Justice, transmitting, pursuant to law, the
report of a change in previously submitted reported
information and discontinuation of service in the acting role
of U.S. Attorney, District of Wyoming, received on January
29, 2008; to the Committee on the Judiciary.
____________________
PETITIONS AND MEMORIALS
The following petitions and memorials were laid before the Senate and
were referred or ordered to lie on the table as indicated:
POM-284. A collection of petitions forwarded by the Benefit
Security Coalition relative to establishing a more equitable
method of computing cost of living adjustments for Social
Security benefits; to the Committee on Finance.
POM-285. A resolution adopted by the Senate of the State of
New Jersey urging Congress to enact the ``Clean Railroads Act
of 2007''; to the Committee on Commerce, Science, and
Transportation.
Whereas, the Interstate Commerce Commission Termination
Act of 1995 (``ICCTA''), which established the Surface
Transportation Board (``STB'') to assume regulatory
jurisdiction over the operation of interstate rail service,
is a broad federal railroad law that has been interpreted as
forbidding state and local environmental regulatory agencies
from overseeing the safe handling of trash or solid waste at
solid waste management facilities that are located on
railroad property; and
Whereas, Congress has eliminated state and local
regulation of rail and rail-related operations so that
railroads may operate across states and not have to comply
with many sets of state and local regulations; yet some solid
waste management companies have abused this federal
preemption protection by building facilities on railroad
property in order to avoid state and local regulations; and
Whereas, solid waste management facilities that operate on
railroad property are subject to the exclusive jurisdiction
of the STB, and therefore are exempt from state and local
solid waste permits and regulations designed to promote
public health, increase safety, and preserve the environment;
yet due to uncertainty in the federal law that grants the STB
such jurisdiction, the STB only passively regulates these
facilities, so that these facilities are able to escape the
regulations that apply to similar facilities located anywhere
except railroad property; and
Whereas, companies that have taken advantage of this
exemption from state and local laws by building solid waste
management facilities next to railroad tracks have been able
to ignore environmental concerns and the safety and welfare
of nearby communities; and
Whereas, in 2004, New Jersey implemented regulations that
governed operations at rail-hard solid waste management
facilities, yet when the State attempted to fine the New York
Susquehanna and Western (``NYS&W'') Railway Corporation for
violating these regulations, the railroad immediately filed
suit against the State, and the district court of New Jersey
ruled that the ICCTA's exemption of railroads and their
facilities from state and local oversight preempted New
Jersey's regulations; and
Whereas, due to limited available disposal options,
combined stringent state and local regulations, there has
been a recent surge within the construction and operation of
these unregulated solid waste management facilities along
rail lines in New Jersey and throughout the Northeast; and
Whereas, in order to protect its residents from the
environmental, safety, and health hazards associated with
solid waste management facilities, the State needs the
authority to regulate all of these sites, including those
located on railroad property; and
Whereas, trade associations representing conventional
solid waste processors, such as the National Solid Wastes
Management Association (``NSWMA'') and the Solid Waste
Association of North America (``SWANA''), do not support
federal preemption of state and local regulation of rail-
based processors and are working to stop allowing rail-based
solid waste facilities to sidestep important regulations; and
Whereas, Senator Lautenberg and Congressman Pallone have
introduced S. 719 and H.R. 1248, respectively, which are
identical pieces of legislation that, if passed, would amend
federal law to clarify that solid waste management facilities
located on railroad property do not fall under the
jurisdiction of the STB; and
Whereas, S. 719 and H.R. 1248, also known as the ``Clean
Railroads Act of 2007,'' would close the federal loophole
currently being exploited by solid waste management companies
and provide New Jersey and every other state with the clear
authority to regulate solid waste management facilities
located on railroad property: Now, therefore, be it
Resolved by the Senate of the State of New Jersey:
1. This Senate Resolution memorializes Congress to enact S.
719 or H.R. 1248, otherwise known as the ``Clean Railroads
Act of 2007,'' which would remove the authority to regulate
solid waste management facilities located on railroad
property from the jurisdiction of the Surface Transportation
Board, thus allowing state and local authorities to regulate
such facilities.
2. Duly authenticated copies of this resolution, signed by
the President of the Senate and attested by the Secretary
thereof, shall be transmitted to the President and Vice
President of the United States, the Speaker of the United
States House of Representatives, the majority and minority
leaders of United States Senate and the United States House
of Representatives, and each member of the New Jersey
congressional delegation.
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mr. MARTINEZ (for himself, Mr. Cornyn, Mr. Coleman,
Mr. Alexander, Mr. Vitter, and Mr. DeMint):
S. 2603. A bill to amend title XI and XVIII of the Social
Security Act to provide increased civil and criminal
penalties for acts involving fraud and abuse under the
Medicare program and to increase the amount of the surety
bond required for suppliers of durable medical equipment; to
the Committee on Finance.
By Ms. MIKULSKI (for herself and Mr. Cardin):
S. 2604. A bill to establish the Baltimore National
Heritage Area in the State of Maryland, and for other
purposes; to the Committee on Energy and Natural Resources.
By Mr. KENNEDY:
S. 2605. A bill to require certain semiautomatic pistols
manufactured, imported, or sold by Federal firearms licensees
to be capable of microstamping ammunition; to the Committee
on the Judiciary.
By Mr. DODD (for himself, Ms. Collins, Mr. Biden, and
Mr. McCain):
S. 2606. A bill to reauthorize the United States Fire
Administration, and for other purposes; to the Committee on
Homeland Security and Governmental Affairs.
By Ms. SNOWE:
S. 2607. A bill to make a technical correction to section
3009 of the Deficit Reduction Act of 2005; to the Committee
on Commerce, Science, and Transportation.
[[Page 1572]]
By Ms. SNOWE (for herself and Mrs. Dole):
S. 2608. A bill to make improvements to the Small Business
Act; to the Committee on Small Business and Entrepreneurship.
By Mr. FEINGOLD (for himself, Mr. Coleman, Mr. Casey,
Mr. Cochran, Mr. Kerry, Mr. Whitehouse, and Mr.
Voinovich):
S. 2609. A bill to establish a Global Service Fellowship
Program, and for other purposes; to the Committee on Foreign
Relations.
By Mr. SALAZAR (for himself and Mr. Martinez):
S. 2610. A bill to amend title 10, United States Code, to
require the establishment of a searchable database containing
the names and citations of members of the Armed Forces,
members of the United States merchant marine, and civilians
affiliated with the Armed Forces who have been awarded the
medal of honor or any other medal authorized by Congress for
the Armed Forces, the United States merchant marine, or
affiliated civilians; to the Committee on Armed Services.
By Mr. DORGAN (for himself, Mr. Brown, and Mr. Casey):
S. 2611. A bill to make bills implementing trade agreements
subject to a point of order unless certain conditions are
met, and for other purposes; to the Committee on Finance.
By Mr. KERRY:
S. 2612. A bill to provide economic stimulus for small
business concerns; to the Committee on Small Business and
Entrepreneurship.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. BIDEN (for himself, Mr. Obama, Mr. Baucus, Mr.
Durbin, Mr. Harkin, Mr. Casey, Mr. Menendez, Mr.
Reid, and Mrs. Feinstein):
S. Res. 445. A resolution expressing the sense of the
Senate on the assassination of former Prime Minister of
Pakistan Benazir Bhutto, and the political crisis in
Pakistan; to the Committee on Foreign Relations.
By Mr. WEBB (for himself, Mr. Biden, Mr. Lugar, Mr.
Warner, Mr. Dodd, Mr. Hagel, Mrs. Boxer, and Ms.
Murkowski):
S. Con. Res. 66. A concurrent resolution commemorating the
175th anniversary of the commencement of the special
relationship between the United States and the Kingdom of
Thailand; to the Committee on Foreign Relations.
____________________
ADDITIONAL COSPONSORS
S. 638
At the request of Mr. Roberts, the name of the Senator from Kansas
(Mr. Brownback) was added as a cosponsor of S. 638, a bill to amend the
Internal Revenue Code of 1986 to provide for collegiate housing and
infrastructure grants.
S. 929
At the request of Mr. Vitter, his name was added as a cosponsor of S.
929, a bill to streamline the regulation of nonadmitted insurance and
reinsurance, and for other purposes.
S. 960
At the request of Mrs. Clinton, the name of the Senator from
Washington (Ms. Cantwell) was added as a cosponsor of S. 960, a bill to
establish the United States Public Service Academy.
S. 969
At the request of Mr. Dodd, the name of the Senator from New York
(Mr. Schumer) was added as a cosponsor of S. 969, a bill to amend the
National Labor Relations Act to modify the definition of supervisor.
S. 1239
At the request of Mr. Rockefeller, the name of the Senator from
Oklahoma (Mr. Inhofe) was added as a cosponsor of S. 1239, a bill to
amend the Internal Revenue Code of 1986 to extend the new markets tax
credit through 2013, and for other purposes.
S. 1382
At the request of Mr. Reid, the name of the Senator from Idaho (Mr.
Crapo) was added as a cosponsor of S. 1382, a bill to amend the Public
Health Service Act to provide for the establishment of an Amyotrophic
Lateral Sclerosis Registry.
S. 1418
At the request of Mr. Dodd, the name of the Senator from Tennessee
(Mr. Corker) was added as a cosponsor of S. 1418, a bill to provide
assistance to improve the health of newborns, children, and mothers in
developing countries, and for other purposes.
S. 1430
At the request of Mr. Martinez, his name was added as a cosponsor of
S. 1430, a bill to authorize State and local governments to direct
divestiture from, and prevent investment in, companies with investments
of $20,000,000 or more in Iran's energy sector, and for other purposes.
S. 1708
At the request of Mr. Dodd, the name of the Senator from New Jersey
(Mr. Lautenberg) was added as a cosponsor of S. 1708, a bill to provide
for the expansion of Federal efforts concerning the prevention,
education, treatment, and research activities related to Lyme and other
tick-borne diseases, including the establishment of a Tick-Borne
Diseases Advisory Committee.
S. 1738
At the request of Mr. Biden, the names of the Senator from Utah (Mr.
Hatch), the Senator from Maryland (Ms. Mikulski), the Senator from
Illinois (Mr. Obama) and the Senator from New York (Mr. Schumer) were
added as cosponsors of S. 1738, a bill to establish a Special Counsel
for Child Exploitation Prevention and Interdiction within the Office of
the Deputy Attorney General, to improve the Internet Crimes Against
Children Task Force, to increase resources for regional computer
forensic labs, and to make other improvements to increase the ability
of law enforcement agencies to investigate and prosecute predators.
S. 1758
At the request of Mr. Kennedy, the name of the Senator from Illinois
(Mr. Obama) was added as a cosponsor of S. 1758, a bill to amend the
Public Health Service Act to help individuals with functional
impairments and their families pay for services and supports that they
need to maximize their functionality and independence and have choices
about community participation, education, and employment, and for other
purposes.
S. 1843
At the request of Mr. Kennedy, the name of the Senator from Hawaii
(Mr. Akaka) was added as a cosponsor of S. 1843, a bill to amend title
VII of the Civil Rights Act of 1964 and the Age Discrimination in
Employment Act of 1967 to clarify that an unlawful practice occurs each
time compensation is paid pursuant to a discriminatory compensation
decision or other practice, and for other purposes.
S. 1981
At the request of Mr. Reed, the name of the Senator from Maryland
(Ms. Mikulski) was added as a cosponsor of S. 1981, a bill to amend the
Elementary and Secondary Education Act of 1965 regarding environmental
education, and for other purposes.
S. 2119
At the request of Mr. Johnson, the name of the Senator from
Connecticut (Mr. Lieberman) was added as a cosponsor of S. 2119, a bill
to require the Secretary of the Treasury to mint coins in commemoration
of veterans who became disabled for life while serving in the Armed
Forces of the United States.
S. 2314
At the request of Mr. Salazar, the name of the Senator from Michigan
(Ms. Stabenow) was added as a cosponsor of S. 2314, a bill to amend the
Internal Revenue Code of 1986 to make geothermal heat pump systems
eligible for the energy credit and the residential energy efficient
property credit, and for other purposes.
S. 2316
At the request of Mr. Lieberman, the name of the Senator from
Minnesota (Ms. Klobuchar) was added as a cosponsor of S. 2316, a bill
to designate a portion of the Arctic National Wildlife Refuge as
wilderness.
S. 2433
At the request of Mr. Durbin, his name was added as a cosponsor of S.
2433, a bill to require the President to develop and implement a
comprehensive strategy to further the United States foreign policy
objective of promoting the reduction of global poverty, the elimination
of extreme global poverty, and the achievement of the Millennium
Development Goal of reducing by one-half the proportion of people
worldwide, between 1990 and 2015, who live on less than $1 per day.
[[Page 1573]]
S. 2578
At the request of Mr. Coleman, the name of the Senator from Ohio (Mr.
Voinovich) was added as a cosponsor of S. 2578, a bill to temporarily
delay application of proposed changes to Medicaid payment rules for
case management and targeted case management services.
S. 2585
At the request of Mr. Harkin, the name of the Senator from New York
(Mrs. Clinton) was added as a cosponsor of S. 2585, a bill to provide
for the enhancement of the suicide prevention programs of the
Department of Defense, and for other purposes.
S. RES. 430
At the request of Mr. Kennedy, the name of the Senator from New
Mexico (Mr. Domenici) was added as a cosponsor of S. Res. 430, a
resolution designating January 2008 as ``National Mentoring Month.''
S. RES. 432
At the request of Mr. Lugar, the names of the Senator from Florida
(Mr. Martinez), the Senator from Mississippi (Mr. Cochran) and the
Senator from Maine (Ms. Collins) were added as cosponsors of S. Res.
432, a resolution urging the international community to provide the
United Nations-African Union Mission in Sudan with essential tactical
and utility helicopters.
At the request of Mr. Biden, the names of the Senator from
Pennsylvania (Mr. Casey) and the Senator from Rhode Island (Mr.
Whitehouse) were added as cosponsors of S. Res. 432, supra.
At the request of Mr. Corker, his name was added as a cosponsor of S.
Res. 432, supra.
At the request of Mr. Cornyn, his name was added as a cosponsor of S.
Res. 432, supra.
AMENDMENT NO. 3913
At the request of Mr. Durbin, his name was added as a cosponsor of
amendment No. 3913 proposed to S. 2248, an original bill to amend the
Foreign Intelligence Surveillance Act of 1978, to modernize and
streamline the provisions of that Act, and for other purposes.
AMENDMENT NO. 3967
At the request of Mr. Coburn, the names of the Senator from Arizona
(Mr. Kyl), the Senator from Utah (Mr. Hatch), the Senator from Texas
(Mrs. Hutchison) and the Senator from Alaska (Mr. Stevens) were added
as cosponsors of amendment No. 3967 intended to be proposed to S. 2483,
a bill to authorize certain programs and activities in the Forest
Service, the Department of the Interior, and the Department of Energy,
and for other purposes.
AMENDMENT NO. 3978
At the request of Mr. Wyden, the name of the Senator from Michigan
(Ms. Stabenow) was added as a cosponsor of amendment No. 3978 intended
to be proposed to H.R. 5140, a bill to provide economic stimulus
through recovery rebates to individuals, incentives for business
investment, and an increase in conforming and FHA loan limits.
AMENDMENT NO. 4007
At the request of Mr. Wyden, the name of the Senator from Michigan
(Ms. Stabenow) was added as a cosponsor of amendment No. 4007 intended
to be proposed to H.R. 5140, a bill to provide economic stimulus
through recovery rebates to individuals, incentives for business
investment, and an increase in conforming and FHA loan limits.
AMENDMENT NO. 4008
At the request of Mr. McConnell, the names of the Senator from
Mississippi (Mr. Wicker) and the Senator from Nevada (Mr. Ensign) were
added as cosponsors of amendment No. 4008 intended to be proposed to
H.R. 5140, a bill to provide economic stimulus through recovery rebates
to individuals, incentives for business investment, and an increase in
conforming and FHA loan limits.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Ms. MIKULSKI (for herself and Mr. CARDIN):
S. 2604. A bill to establish the Baltimore National Heritage Area in
the State of Maryland, and for other purposes, to the Committee on
Energy and Natural Resources.
Ms. MIKULSKI. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record as follows:
S. 2604
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baltimore National Heritage
Area Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The City of Baltimore contains 24 National Historic
Landmarks, 53,000 buildings listed in 52 National Register
Historic Districts, 8,000 buildings in 30 local historic
districts, and 12 Chesapeake Bay Gateways, nestled in an
unparalleled system of parks and waterways, and connected by
5 Maryland Scenic Byways and an All-American Road.
(2) The Battle of Baltimore represented the definitive end
of the American Revolution, secured United States
sovereignty, and gave the country 2 enduring symbols: the
United States flag and the poem by Francis Scott Key that
became our national anthem, ``The Star-Spangled Banner''.
(3) The proposed Baltimore National Heritage Area will tell
2 of the most significant national heritage stories at the
locus of black history and the transformative effects of
education, which are the following:
(A) Frederick Douglass, who while as a slave learned to
read in Baltimore and credited his time in the city as the
foundation for his accomplishments; and
(B) Thurgood Marshall, whose public school education in
Baltimore led directly to his unparalleled contributions to
civil rights as an attorney in Baltimore and as a United
States Supreme Court Justice.
(4) Between the early 1800s and the mid 1900s, about
2,000,000 immigrants landed in Baltimore, second only to New
York, as a major port of entry into the United States.
(5) In 1811, the Nation's first federally funded interstate
transportation route, the National Road, begun its journey
from Baltimore to the west.
(6) Baltimore is the farthest inland east coast port,
closest to the Nation's interior. The Chesapeake Bay, the
continent's largest estuary, is a magnificent, fertile,
natural resource. This special mix gave rise to the largest
city in the 6 States of the Chesapeake region, with a
cultural landscape unique among world port cities.
(7) Although Baltimore is a largely urban environment, a
number of important natural and recreational resources can be
found within the proposed National Heritage Area boundaries.
Beginning with the first city park in 1827, Patterson Park,
the city's natural and recreational resources enjoy a
noteworthy history. Most remarkable is the city's
acquisition, beginning in 1860, of 7 large estates that
created the base for the current park system, including
Leakin Park that is one of the largest urban wilderness parks
remaining on the East Coast.
(8) The Baltimore City Heritage Area is a State heritage
area designated by the State of Maryland in 2001.
(9) The ``Feasibility Study for a Baltimore National
Heritage Area'', dated December 2006, found that the proposed
area met the National Park Service's interim criteria for
national heritage area designation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Baltimore National Heritage Area, established in section 4.
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 4(d).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area specified in
section 6.
(4) Map.--The term ``map'' means the map titled ``Baltimore
National Heritage Area'', numbered T10/80,000, and dated
October 2007.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Maryland.
SEC. 4. BALTIMORE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established the Baltimore
National Heritage Area in the State.
(b) Boundaries.--The Heritage Area shall be comprised of
the following, as depicted on the map:
(1) The area encompassing the Baltimore City Heritage Area
certified by the Maryland Heritage Areas Authority in October
2001 as part of the Baltimore City Heritage Area Management
Action Plan.
(2) The Mount Auburn Cemetery.
(3) The Cylburn Arboretum.
(4) The Middle Branch of the Patapsco River and surrounding
shoreline, including--
(A) the Cruise Maryland Terminal;
(B) new marina construction;
(C) the National Aquarium Aquatic Life Center;
(D) the Westport Redevelopment;
[[Page 1574]]
(E) the Gwynns Falls Trail;
(F) the Baltimore Rowing Club; and
(G) the Masonville Cove Environmental Center.
(c) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service, Department of the Interior, and
the Baltimore Heritage Area Association.
(d) Local Coordinating Entity.--The Baltimore Heritage Area
Association shall be the local coordinating entity for the
Heritage Area.
SEC. 5. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING
ENTITY.
(a) Duties of the Local Coordinating Entity.--To further
the purposes of the Heritage Area, the local coordinating
entity shall--
(1) prepare and submit a management plan for the Heritage
Area to the Secretary in accordance with section 6;
(2) assist units of local government, regional planning
organizations, and nonprofit organizations in implementing
the approved management plan by--
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Heritage Area;
(B) establishing and maintaining interpretive exhibits and
programs within the Heritage Area;
(C) developing recreational and educational opportunities
in the Heritage Area;
(D) increasing public awareness of and appreciation for
natural, historical, scenic, and cultural resources of the
Heritage Area;
(E) protecting and restoring historic sites and buildings
in the Heritage Area that are consistent with heritage area
themes;
(F) ensuring that signs identifying points of public access
and sites of interest are posted throughout the Heritage
Area; and
(G) promoting a wide range of partnerships among
governments, organizations, and individuals to further the
purposes of the Heritage Area;
(3) consider the interests of diverse units of government,
businesses, organizations, and individuals in the Heritage
Area in the preparation and implementation of the management
plan;
(4) conduct meetings open to the public at least semi-
annually regarding the development and implementation of the
management plan;
(5) submit an annual report to the Secretary for any fiscal
year in which the local coordinating entity receives Federal
funds under this Act, setting forth its accomplishments,
expenses, and income, amounts and sources of matching funds,
amounts leveraged with Federal funds and sources of such
leveraging, and grants made to any other entities during the
year for which the report is made;
(6) make available for audit for any fiscal year in which
it receives Federal funds under this Act, all information
pertaining to the expenditure of such funds and any matching
funds, and require in all agreements authorizing expenditures
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and
other information pertaining to the expenditure of such
funds; and
(7) encourage, by appropriate means, economic development
that is consistent with the purposes of the Heritage Area.
(b) Authorities.--The local coordinating entity may,
subject to the prior approval of the Secretary, for the
purposes of preparing and implementing the management plan
for the Heritage Area, use Federal funds made available
through this Act to--
(1) make grants to the State, its political subdivisions,
nonprofit organizations, and other persons;
(2) enter into cooperative agreements with or provide
technical assistance to the State, its subdivisions,
nonprofit organizations, Federal agencies, and other
interested parties;
(3) hire and compensate staff;
(4) obtain money or services from any source including any
that are provided under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of the Heritage Area and are
consistent with the approved management plan.
(c) Prohibition on the Acquisition of Real Property.--The
local coordinating entity may not use Federal funds received
under this Act to acquire real property.
SEC. 6. MANAGEMENT PLAN.
(a) In General.--The management plan for the Heritage Area
shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for telling the story of the region's
heritage and encouraging long-term resource protection,
enhancement, interpretation, funding, management, and
development of the Heritage Area;
(2) take into consideration existing State, county, and
local plans in the development of the management plan and its
implementation;
(3) include a description of actions and commitments that
governments, private organizations, and citizens plan to take
to protect, enhance, and interpret the natural, historic,
scenic, and cultural resources of the Heritage Area;
(4) specify existing and potential sources of funding or
economic development strategies to protect, enhance,
interpret, fund, manage, and develop the Heritage Area;
(5) include an inventory of the natural, historical,
cultural, educational, scenic, and recreational resources of
the Heritage Area related to the stories and themes of the
region that should be protected, enhanced, managed, or
developed;
(6) recommend policies and strategies for resource
management including, the development of intergovernmental
and interagency agreements to protect the Heritage Area's
natural, historical, cultural, educational, scenic, and
recreational resources;
(7) describe a program of implementation for the management
plan, including--
(A) performance goals;
(B) plans for resource protection, enhancement,
interpretation; and
(C) specific commitments for implementation that have been
made by the local coordinating entity or any government,
organization, business, or individual;
(8) include an analysis and recommendations for ways in
which local, State, Tribal, and Federal programs may best be
coordinated, including the role of the National Park Service
and other Federal agencies associated with the Heritage Area,
to further the purposes of this Act;
(9) include an interpretive plan for the Heritage Area; and
(10) include a business plan that--
(A) describes the role, operation, financing, and functions
of the local coordinating entity and of each of the major
activities contained in the management plan; and
(B) provides adequate assurances that the local
coordinating entity has the partnerships and financial and
other resources necessary to implement the management plan
for the Heritage Area.
(b) Deadline and Termination of Funding.--
(1) Deadline.--The local coordinating entity shall submit
the management plan to the Secretary for approval not later
than 3 years after the date on which any funds are made
available for this purpose after designation as a Heritage
Area.
(2) Termination of funding.--If the management plan is not
submitted to the Secretary in accordance with this
subsection, the local coordinating entity shall not qualify
for additional financial assistance under this Act until the
management plan is submitted to and approved by the
Secretary.
SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon the request of the
local coordinating entity, provide technical and financial
assistance on a reimbursable or non-reimbursable basis (as
determined by the Secretary) to the Heritage Area to develop
and implement the management plan.
(2) Priority actions.--In assisting the Heritage Area, the
Secretary shall give priority to actions that in general
assist in--
(A) conserving the significant natural, historical,
cultural, and scenic resources of the Heritage Area; and
(B) providing educational, interpretive, and recreational
opportunities consistent with the purposes of the Heritage
Area.
(3) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with the local coordinating
entity and other public or private entities to carry out this
subsection.
(b) Approval of Management Plan.--
(1) Review.--The Secretary shall approve or disapprove the
management plan not later than 180 days after receiving the
management plan.
(2) Consultation.--The Secretary shall consult with the
Governor of any State and Tribal government in which the
Heritage Area is located prior to approving any management
plan.
(3) Criteria for approval.--In determining the approval of
the management plan, the Secretary shall consider whether--
(A) the local coordinating entity will be representative of
the diverse interests of the Heritage Area, including
governments, natural and historic resource protection
organizations, educational institutions, businesses,
community residents, and recreational organizations;
(B) the local coordinating entity has afforded adequate
opportunity for public and governmental involvement,
including workshops and public meetings, in the preparation
of the management plan;
(C) the resource protection and interpretation strategies
contained in the management plan, if implemented, would
adequately protect the natural, historical, and cultural
resources of the Heritage Area;
(D) the management plan would not adversely affect any
activities authorized on Federal or Tribal lands under
applicable laws or pursuant to land use plans;
(E) the Secretary has received adequate assurances from the
appropriate State, Tribal, and local officials whose support
is needed to ensure the effective implementation of the
State, Tribal, and local aspects of the management plan; and
(F) the local coordinating entity has demonstrated the
financial capability, in partnership with others, to carry
out the plan.
[[Page 1575]]
(4) Action following disapproval.--If the Secretary
disapproves the management plan, the Secretary shall advise
the local coordinating entity in writing of the reasons and
may make recommendations for revisions to the management
plan. The Secretary shall approve or disapprove a proposed
revision not later than 180 days after it is resubmitted.
(5) Approval of amendments.--Substantial amendments to the
management plan shall be reviewed by the Secretary and
approved in the same manner as provided for the original
management plan. The local coordinating entity may not use
Federal funds authorized by this Act to implement any
amendments until the Secretary has approved the amendments.
(c) Evaluation.--
(1) In general.--Not later than 3 years before the date on
which authority for Federal funding terminates for the
Heritage Area, the Secretary shall conduct an evaluation of
the accomplishments of the Heritage Area and prepare a report
with recommendations for the National Park Service's future
role, if any, with respect to the Heritage Area.
(2) Evaluation components.--An evaluation prepared under
paragraph (1) shall--
(A) assess the progress of the local coordinating entity
with respect to--
(i) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(ii) achieving the goals and objectives of the approved
management plan for the Heritage Area;
(B) analyze the Federal, State, local, and private
investments in the Heritage Area to determine the leverage
and impact of the investments; and
(C) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes
of identifying the critical components for sustainability of
the Heritage Area.
(3) Recommendations.--Based upon the evaluation under
paragraph (1), the Secretary shall prepare a report with
recommendations for the National Park Service's future role,
if any, with respect to the Heritage Area. If the report
recommends that Federal funding for the Heritage Area be
reauthorized, the report shall include an analysis of--
(A) ways in which Federal funding for the Heritage Area may
be reduced or eliminated; and
(B) the appropriate time period necessary to achieve the
recommended reduction or elimination.
(4) Submission to congress.--On completion of a report
under paragraph (3), the Secretary shall submit the report
to--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
SEC. 8. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--This Act shall not affect the authority of
any Federal official to provide technical or financial
assistance under any other law.
(b) Consultation and Coordination.--The head of any Federal
agency planning to conduct activities that may have an impact
on the Heritage Area is encouraged to consult and coordinate
the activities with the Secretary and the local coordinating
entity to the extent practicable.
(c) Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law or regulation
authorizing a Federal agency to manage Federal land under the
jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 9. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act shall be construed to--
(1) abridge the rights of any property owner, public or
private, including the right to refrain from participating in
any plan, project, program, or activity conducted within the
Heritage Area;
(2) require any property owner to permit public access
(including Federal, Tribal, State, or local government
access) to such property or to modify any provisions of
Federal, Tribal, State, or local law with regard to public
access or use of private lands;
(3) alter any duly adopted land use regulations or approved
land use plan or any other regulatory authority of any
Federal, State, or local agency, or Tribal government or to
convey any land use or other regulatory authority to any
local coordinating entity;
(4) authorize or imply the reservation or appropriation of
water or water rights;
(5) diminish the authority of the State to manage fish and
wildlife, including the regulation of fishing and hunting
within the Heritage Area; or
(6) create any liability, or affect any liability under any
other law, of any private property owner with respect to any
persons injured on such private property.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated for
the purposes of this Act $10,000,000, of which not more than
$1,000,000 shall be made available for any fiscal year.
(b) Matching Funds.--Federal funding provided under this
Act may not exceed 50 percent of the total cost of any
assistance or grant provided or authorized under this Act.
Recipient matching funds--
(1) must be from non-Federal sources; and
(2) may be made in the form of in-kind contributions of
goods and services fairly valued.
SEC. 11. SUNSET.
The authority of the Secretary to provide financial
assistance under this Act shall terminate 15 years after the
date of enactment of the Act.
______
By Mr. KENNEDY:
S. 2605. A bill to require certain semiautomatic pistols
manufactured, imported, or sold by Federal firearms licensees to be
capable of microstamping ammunition; to the Committee on the Judiciary.
Mr. KENNEDY. Mr. President, today I am introducing the National Crime
Gun Identification Act as an important step to reduce gun violence and
support law enforcement. The bill requires semiautomatic handguns
manufactured, imported or sold by federal firearms licensees to be
equipped with microstamping technology. Congressman Xavier Becerra is
introducing a companion measure in the House this week.
Nearly 70 percent of homicides in 2006 involved a firearm, and
handguns were the weapons of choice for most offenders. Handguns are
also the weapons most often used in murders of law enforcement
officers. There is an urgent need for effective, high-tech gun-tracing
capabilities such as microstamping, which can provide law enforcement
with a much-needed investigation resource in solving gun crimes.
Microstamping uses lasers to make precise, microscopic engravings on
the firing pin and chamber of a weapon, and this information is
transferred onto the cartridge casing when the weapon is fired. The
information includes the gun's make, model and serial number, and can
yield important evidence to law enforcement officers investigating
crimes. California has already enacted such legislation, and the
technology has the support of many individuals and organizations,
including Boston Mayor Thomas Menino, the Boston Police Department,
Seattle Mayor Gregory Nickles, the U.S. Conference of Mayors, the
Coalition to Stop Gun Violence, and the Brady Campaign to Prevent Gun
Violence. Additionally, the National Black Caucus of State Legislators
passed a resolution supporting the use of microstamping technology.
Microstamping is a significant new technology for ballistics
identification. Congress should obviously support emerging technologies
that enable law enforcement to make more effective use of evidence at
crime scenes. Current ballistic analyses, conducted through the
National Integrated Ballistic Information Network, depend on the
transfer of accidental markings from a gun barrel to bullets and
cartridge cases, which are then compared to a limited database with
evidence from other crime scenes.
The current Ballistic Information Network has already been an
invaluable resource for law enforcement. A remarkable number of crimes
have been solved by using it, and it makes sense to invest in the next
generation of ballistic technology. Microstamping in no way replaces
any of the methods currently used by police to conduct ballistics
tests, but it would clearly enhance the work currently done by law
enforcement agencies.
FBI data indicate that handguns are used in most homicides,
accounting for nearly 7,800 murders in 2006. In Massachusetts, violent
crime rates are on the rise--growing 11 percent in Boston in 2006. In
2005, Boston police made a total of 754 gun arrests and 797 illegal
firearm seizures. Nevertheless, from 1997 to 2005, shooting incidents
have jumped a drastic 153 percent. We can help law enforcement solve
more handgun crimes and reduce gun trafficking through the use of
microstamping technology.
Bullet casings are often the only evidence left behind at crime
scenes, particularly in gang crimes such as drive-
[[Page 1576]]
by shootings. In Boston during 2006, bullet casings were recovered from
nearly half of crime scenes involving shootings. In those cases,
investigators could obviously have benefited from knowing the make,
model and serial number of the guns involved in those crimes.
Microstamp information can also be used to identify straw buyers and
gun traffickers who supply the illegal flow of weapons to violent
teens, gang members and other prohibited purchasers.
Critics of microstamping technology claim that perpetrators engaged
in crime will be able to subvert the technology by filing the
microstamped information off the weapons. In fact, however,
microstamping is virtually tamperproof. The microstamped information is
invisible to the naked eye, and most criminals would be unable to
detect it. The microstamp is placed on the firing pin and in the
chamber of the gun, so even if a perpetrator replaced the firing pin,
the information would still be transferred to the casing from the
chamber.
Others argue that criminals will plant cartridges at crime scenes to
disrupt investigations. Realistically, however, we know that offenders
rarely take even the simplest precautions, such as wearing gloves
during a burglary, when engaging in criminal behavior.
Opponents also contend that microstamping will result in the creation
of a new national database of gun owners. In fact, it will not result
in any new database, because it will use information already available
to law enforcement officers investigating gun crimes. In addition,
microstamped information on bullet casings can be viewed with imaging
equipment generally found at Federal, State and local forensics
laboratories, making it unnecessary to create and maintain special
equipment or facilities.
Finally, critics claim that the cost of adding microstamping
technology is prohibitive. In fact, the technology will be available to
manufacturers through a free licensing agreement from its inventor.
Based on independent estimates, adding the technology to new
semiautomatic handguns will cost only 50 cents to a dollar for each
firearm produced by large volume manufacturers.
Handgun owners and prospective handgun purchasers will not be
burdened by this legislation. There will be no changes in the
procedures or requirements for purchasing handguns. Existing handguns
and handgun owners will not be affected by this legislation since it
applies only to new handguns.
The technology has been thoroughly tested. Independent examiners have
fired thousands of rounds from guns with microstamping, and have
consistently obtained readable marks on the casings.
Microstamping technology is urgently needed by law enforcement and
can make a major difference in solving gun crimes. It is cost effective
and will not impinge on the rights of any gun owners. I urge my
colleagues to support law enforcement and reduce gun crimes by enacting
this important legislation.
______
By Mr. DODD (for himself, Ms. Collins, Mr. Biden, and Mr.
McCain):
S. 2606. A bill to reauthorize the United States Fire Administration,
and for other purposes; to the Committee on Homeland Security and
Governmental Affairs.
Mr. DODD. Mr. President, I rise with my colleague, Senator Collins,
along with Senators Biden and McCain, to introduce legislation that
reauthorizes the U.S. Fire Administration, USFA.
Established in 1974, the USFA provides critical support to 30,300
fire departments across our Nation through training, emergency incident
data collection, fire awareness and prevention education, and research
and development activities. Each year, the USFA trains approximately
one million fire and emergency personnel both at the USFA campus in
Emmitsburg, Maryland, and through distance learning programs. The USFA
also offers vital assistance to Federal Emergency Management Agency and
Department of Homeland Security in the development of Federal
preparedness and response policies.
The legislation I am introducing today with my colleagues seeks to
provide the USFA with proper resources so the agency may effectively
meet the growing responsibilities of the fire service in the 21st
century. It contains the following provisions. The USFA Reauthorization
Act of 2008 provides $70 million in fiscal year 2009 with 1.3 percent
annual increases through fiscal year 2012. The bill expands National
Fire Academy training curricula to include issues relevant to urban-
wildland interface fires, fires involving hazardous materials, and
fire-based emergency medical services. The bill also encourages the
expansion of onsite fire training, authorizes up to $5,000,000 annually
for necessary technology upgrades to the National Fire Incident
Reporting System, authorizes the USFA to expand research activities in
relevant topics to urban-wildland interface fires, encourages the USFA
to adopt national voluntary consensus standards relevant to firefighter
health and safety, and requires the USFA to provide greater
coordination with other Federal, State and local agencies on fire
prevention and fire-based emergency medical services programs. Finally,
the legislation establishes a rotating position at the DHS National
Operations Center for State or local fire service officials. This new
position will bring the expertise of the fire service to the incident
management and information sharing activities of the Center.
I am pleased to say this bipartisan legislation is supported by the
Congressional Fire Services Institute, the International Association of
Fire Fighters, the International Association of Fire Chiefs, and the
National Volunteer Fire Council.
The U.S. Fire Administration performs a critical array of duties that
ensure the safety of Americans each day. It is important that we
continue to pledge our support to the agency and our Nation's brave
firefighters. I look forward to working with my colleagues on this
important legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2606
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Fire
Administration Reauthorization Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The number of lives lost each year because of fire has
dropped significantly over the last 25 years in the United
States. However, the United States still has one of the
highest fire death rates in the industrialized world. In
2005, the National Fire Protection Association reported 3,675
civilian fire deaths, 17,925 civilian fire injuries, and
$10,672,000,000 in direct losses due to fire.
(2) Every year, more than 100 firefighters die in the line
of duty. The United States Fire Administration should
continue its leadership to help local fire agencies
dramatically reduce these fatalities.
(3) Members of the fire service community should continue
to work together to further the promotion of national
voluntary consensus standards that increase firefighter
safety.
(4) The United States Fire Administration provides crucial
support to the 30,300 fire departments of the United States
through training, emergency incident data collection, fire
awareness and education, and support of research and
development activities for fire prevention, control, and
suppression technologies.
(5) The collection of data on fire and other emergency
incidents is a vital tool both for policy makers and
emergency responders to identify and develop responses to
emerging hazards. Improving the data collection capabilities
of the United States Fire Administration is essential for
accurately tracking and responding to the magnitude and
nature of the fire problems of the United States.
(6) The research and development performed by the National
Institute of Standards and Technology, the United States Fire
Administration, other government agencies, and non-
governmental organizations on fire technologies, techniques,
and tools advance the capabilities of the fire service of the
United States to suppress and prevent fires.
[[Page 1577]]
(7) The United States Fire Administration is one of the
strongest voices representing the fire service of the United
States within the Federal Government, and, as such, it should
have a prominent place within the Department of Homeland
Security.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES
FIRE ADMINISTRATION.
Section 17(g)(1) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking the period at the end
and inserting a semicolon; and
(3) by adding after subparagraph (D) the following:
``(E) $70,000,000 for fiscal year 2009, of which $2,520,000
shall be used to carry out section 8;
``(F) $72,100,000 for fiscal year 2010, of which $2,595,600
shall be used to carry out section 8;
``(G) $74,263,000 for fiscal year 2011, of which $2,673,468
shall be used to carry out section 8; and
``(H) $76,490,890 for fiscal year 2012, of which $2,753,672
shall be used to carry out section 8.''.
SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS
AND REPORTS.
(a) Amendments to Fire Academy Training.--Section 7(d)(1)
of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2206(d)(1)) is amended--
(1) in subparagraph (H), by striking ``terrorist-caused
national catastrophes'' and inserting ``all hazards,
including acts of terrorism'';
(2) in subparagraph (K), by striking ``forest'' and
inserting ``wildland'';
(3) in subparagraph (M), by striking ``response tactics
and'' and inserting ``response, tactics, and'';
(4) by redesignating subparagraphs (I) through (N) as
subparagraphs (M) through (R), respectively; and
(5) by inserting after subparagraph (H) the following:
``(I) response, tactics, and strategies for fighting large-
scale fires or multiple fires in a general area that cross
jurisdictional boundaries;
``(J) response, tactics, and strategies for fighting fires
occurring at the wildland-urban interface;
``(K) response, tactics, and strategies for fighting fires
involving hazardous materials;
``(L) advanced emergency medical services training;''.
(b) Triennial Reports.--Section 7 of such Act (15 U.S.C.
2206) is amended by adding at the end the following:
``(m) Triennial Report.--In the first annual report filed
pursuant to section 16 for which the deadline for filing is
after the expiration of the 18-month period that begins on
the date of the enactment of the United States Fire
Administration Reauthorization Act of 2008, and in every
third annual report thereafter, the Administrator shall
include information about changes made to the National Fire
Academy curriculum, including--
``(1) the basis for such changes, including a review of the
incorporation of lessons learned by emergency response
personnel after significant emergency events and emergency
preparedness exercises performed under the National Exercise
Program; and
``(2) the desired training outcome of all such changes.''.
(c) Authorizing the Administrator to Enter Into Contracts
to Provide On-Site Training Through Certain Accredited
Organizations.--Section 7(f) of such Act (15 U.S.C. 2206) is
amended to read as follows:
``(f) Assistance.--
``(1) In general.--The Administrator may provide assistance
to State and local fire service training programs through
grants, contracts, or otherwise.
``(2) Authorization to enter into contracts to provide on-
site training through certain accredited organizations.--
``(A) In general.--Except as provided in subparagraph (B),
the Administrator may enter into a contract with nationally
recognized organizations that have established on-site
training programs that comply with national voluntary
consensus standards for fire service personnel to facilitate
the delivery of the education and training programs outlined
in subsection (d)(1) directly to fire service personnel.
``(B) Limitation.--The Administrator may not enter into a
contract with an organization described in subparagraph (A)
unless such organization--
``(i) operates a fire service training program accredited
by a nationally recognized accreditation organization
experienced with accrediting such training; or
``(ii) at the time the Administrator enters into the
contract, provides training under such a program under a
cooperative agreement with a Federal agency.
``(3) Restriction on use of funds.--The amounts expended by
the Administrator to carry out this subsection in any fiscal
year shall not exceed 8 per centum of the amount authorized
to be appropriated in such fiscal year pursuant to section 17
of this Act.''.
SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES.
(a) Incident Reporting System Database.--Section 9 of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2208) is amended by adding at the end the following:
``(d) National Fire Incident Reporting System Update.--Of
the amounts made available pursuant to subparagraphs (E),
(F), and (G) of section 17(g)(1), the Administrator shall use
not more than an aggregate amount of $5,000,000 during the 3-
year period consisting of fiscal years 2009, 2010, and 2011
to carry out activities necessary to update the National Fire
Incident Reporting system to an Internet-based, real-time
incident reporting database, including capital investment,
contractor engagement, and user education.''.
(b) Technical Correction.--Section 9(b)(2) of such Act (15
U.S.C. 2208(b)(2)) is amended by striking ``assist State,''
and inserting ``assist Federal, State,''.
SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND RESEARCH
DISSEMINATION.
(a) Assistance to Fire Services for Fire Prevention and
Control in Wildland-Urban Interface.--Section 8(d) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2207(d)) is amended to read as follows:
``(d) Rural and Wildland-Urban Interface Assistance.--The
Administrator may, in coordination with the Secretary of
Agriculture, assist the fire services of the United States,
directly or through contracts, grants, or other forms of
assistance, to sponsor and encourage research into
approaches, techniques, systems, equipment, and land-use
policies to improve fire prevention and control in--
``(1) the rural and remote areas of the United States; and
``(2) the wildland-urban interface.''.
(b) Technology Research Dissemination.--Section 8 of such
Act (15 U.S.C. 2207) is amended by adding at the end the
following:
``(h) Research Dissemination.--Beginning 1 year after the
date of the enactment of the United States Fire
Administration Reauthorization Act of 2008, the
Administrator, in collaboration with the relevant departments
and agencies of the Federal Government, shall make available
to the public information about all ongoing and planned fire-
related research funded by the Administration during fiscal
year 2008 and each fiscal year thereafter, as well as the
results generated from such research, through a regularly
updated Internet-based database.''.
SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER
HEALTH AND SAFETY.
The Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) is amended by adding at the end the
following:
``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER
HEALTH AND SAFETY.
``The Administrator shall promote adoption by fire services
of national voluntary consensus standards for firefighter
health and safety, including such standards for firefighter
operations, training, staffing, and fitness, by--
``(1) educating fire services about such standards;
``(2) encouraging the adoption at all levels of government
of such standards; and
``(3) making recommendations on other ways in which the
Federal government can promote the adoption of such standards
by fire services.''.
SEC. 8. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT
NATIONAL OPERATIONS CENTER.
The Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.) is amended by inserting after section 22
the following:
``SEC. 23. STATE AND LOCAL FIRE SERVICE REPRESENTATION AT
NATIONAL OPERATIONS CENTER.
``(a) Establishment of Position.--The Secretary of Homeland
Security shall, in consultation with the Administrator,
establish a fire service position at the National Operations
Center established under section 515 of the Homeland Security
Act of 2002 (6 U.S.C. 321d) (also known as the `Homeland
Security Operations Center') to represent the interests of
State and local fire services.
``(b) Designation of Position.--The Secretary of Homeland
Security shall designate, on a rotating basis, a State or
local fire service official for the position described in
subsection (a)
``(c) Management.--The Secretary of Homeland Security shall
manage the position established pursuant to subsection (a) in
accordance with such rules and regulations as govern other
similar rotating positions at the National Operations
Center.''.
SEC. 9. COORDINATION REGARDING FIRE SERVICE-BASED EMERGENCY
MEDICAL SERVICES.
Section 21(e) of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2218(e)) is amended to read as
follows:
``(e) Coordination.--
``(1) In general.--To the extent practicable, the
Administrator shall use existing programs, data, information,
and facilities already available in other Federal Government
departments and agencies and, where appropriate, existing
research organizations, centers, and universities.
``(2) Coordination of fire prevention and control
programs.--The Administrator
[[Page 1578]]
shall provide liaison at an appropriate organizational level
to assure coordination of the activities of the Administrator
with State and local government agencies, departments,
bureaus, or offices concerned with any matter related to
programs of fire prevention and control with private and
other Federal organizations and offices so concerned.
``(3) Coordination of fire service-based emergency medical
services programs.--The Administrator shall provide liaison
at an appropriate organizational level to assure coordination
of the activities of the Administrator with State and local
government agencies, departments, bureaus, or offices
concerned with programs related to emergency medical services
provided by fire service-based systems with private and other
Federal organizations and offices so concerned.''.
SEC. 10. DEFINITIONS.
Section 4 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2203) is amended--
(1) in paragraph (3), by striking ``Administration'' and
inserting ``Administration, who is the Assistant
Administrator of the Federal Emergency Management Agency'';
(2) in paragraph (7), by striking the ``and'' after the
semicolon;
(3) in paragraph (8), by striking the period at the end and
inserting ``; and'';
(4) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively;
(5) by inserting after paragraph (5) the following:
``(6) `hazardous material' has the meaning given such term
in section 5102 of title 49, United States Code;''; and
(6) by adding at the end the following:
``(10) `wildland-urban interface' has the meaning given
such term in section 101 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6511).''.
Ms. COLLINS. Mr. President. I am pleased to join Senator Dodd in
introducing legislation to reauthorize the U.S. Fire Administration.
The bill would provide additional resources to help the agency meet its
growing responsibilities. We are pleased to be joined by our fellow
cochairs of the Congressional Fire Services Caucus--Senators McCain and
Biden.
Since its creation in 1974, the Fire Administration and its Fire
Academy have helped prevent fires, protect property, and save lives
among firefighters and the public. Today, the Fire Administration is
also integrated into our national, all-hazards preparations against
natural disasters and terrorist attacks.
Last month marked the fifth anniversary of the Fire Administration's
reorganization as part of the Federal Emergency Management Agency
within the Department of Homeland Security. As both Ranking Member of
the Senate Committee on Homeland Security and as a cochair of the
Congressional Fire Services Caucus, I am pleased that the bill being
introduced today does much more than reauthorize the Fire
Administration.
For example, the bill designates $5 million annually to support
necessary technology upgrades to the National Fire Incident Reporting
System. This important system helps State and local governments report
and analyze fires, and allows nationwide sharing of data in standard
formats. This database--the world's largest collection of fire-incident
information--helps all levels of government to probe the nature and
causes of injuries, deaths, and property loss resulting from fires.
Another vital component of this bill establishes a rotating position
at the DHS National Operations Center to be filled by a State or local
fire-service official. In our comprehensive, all-hazards approach to
major disasters, it is just as important to have the fire services
represented at operations center as it is military liaisons.
The bill has other important provisions, including provision for a
1.3 percent annual increase in the initial $70 million authorization
through fiscal year 2012. In addition, the bill expands National Fire
Academy training programs to include topics like hazardous-material
fires and fire-based emergency medical services. It authorizes expanded
research on fires in the urban-wildland interface and in rural areas.
It encourages the Fire Administration to adopt national voluntary
standards on firefighter health and safety--an important topic,
considering that about 100 brave firefighters lose their lives in the
line of duty each year, with many more suffering serious injuries.
My home state of Maine is keenly aware of the dangers of fire and the
importance of effective fire services. Maine is one of the most rural
states in the nation and most of its housing stock is wood framed. Some
households rely on woodstoves for primary or supplemental heat.
According to the Maine Department of Public Safety, nearly 50 Mainers
died in fires every year through the 1950s, '60s, and '70s. The average
so far for this decade is 18, and 2007 produced only 12 fire-related
deaths, still too many but a considerable improvement.
Maine public-safety officials attribute the decline to factors like
wider use of smoke detectors and improved building codes--and fire-
prevention efforts. As our national resource and clearing house for
fire research, education, and training, the U.S. Fire Administration
certainly deserves a share of the credit for my state's progress in
reducing the pain, devastation, and death wrought by fires.
I have no doubt the Fire Administration's beneficial effects will
grow. Its new campaign for preventing smoking-related home fires is a
worthy effort. Its growing curriculum of online courses on topics like
incident command for nursing-home fires, emergency medical service at
multi-casualty incidents, and emergency response to terrorism is a
valuable resource for firefighters.
The U.S. Fire Administration is a fine example of the good that can
come of federal, state, and local collaboration to counter an ancient
threat and to address new ones. I urge my colleagues to join me in
supporting the reauthorization and improvement of this valuable agency.
______
By Ms. SNOWE:
S. 2607. A bill to make a technical correction to section 3009 of the
Deficit Reduction Act of 2005; to the Committee on Commerce, Science,
and Transportation.
Ms. SNOWE. Mr. President, I rise today to introduce legislation that
would better facilitate the DTV transition for rural Americans by
making funds for digital upgrades available sooner to low-power
television stations and translators. The reason this is imperative is
that we don't want to create another ``digital divide'' where rural and
low-income areas are not able to reap the benefits of digital TV as
quickly as their urban counterparts.
Under the current statute, the Assistant Secretary for Communications
and Information at the Department of Commerce must make payments for
the low-power TV and translator upgrade program during fiscal year
2009--October 1, 2008 to September 30, 2009--but may not actually
disburse reimbursement payments until after October 1, 2010, which is
20 months past the DTV transition deadline of February 2009.
By having such a long delay for reimbursements, it will inevitably
hold up the analog to digital upgrades of low-power TV stations and
translators. This would adversely affect viewers since they will not be
able to receive the benefits that digital signals offer and hence
create this additional ``digital divide'' to these mostly rural and
low-income areas where low-power TV and translators typically are
situated.
This bill would correct this oversight and change the language to
have the Assistant Secretary make payments during the fiscal years 2009
to 2012, and start providing reimbursements for the upgrade program on
February 18, 2009, and in doing so will move up the date 20 months to
bring the upgrade program more in line with the main deadline of the
DTV transition. This will allow LPTV and translators to be reimbursed
more quickly for analog to digital equipment upgrades, which can run in
the tens of thousands of dollars.
As we all know, in less than 380 days, on February 17, 2009,
television broadcasts will transition from analog TV signals to an all-
digital system and in doing so begin a new chapter of innovation and
viewing experience. The transition will free up scarce broadcast
spectrum so that first responders and public safety services have much
needed spectrum capacity. It will also provide space for advanced
wireless technologies, which will bring us improved broadband and
communications services. In addition, the new digital TV
[[Page 1579]]
signals will provide higher quality video and sound, as well as the
opportunity for broadcasters to offer new services such as interactive
TV and multicasting, which allows the transmission of several program
streams on one broadcast channel.
Consumer awareness of the DTV transition is improving and the
Commerce Department announced earlier this month that it had already
received requests from more than 2 million households for nearly 4
million converter box coupons--so demand is strong. More and more
consumers are realizing the importance and benefits of the DTV
transition. We must not unduly prohibit any American from not reaping
the tremendous advantages of digital TV and other services that will
quickly follow due to the transition. If we don't correct this critical
oversight in the current law, we will do just that, once again
disadvantaging the areas and people that have the most to gain from
this new technology. That is why I sincerely hope that my colleagues
join me in supporting the critical legislation.
Mr. President. I yield the floor.
S. 2607
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REIMBURSEMENTS FROM THE DIGITAL TELEVISION
TRANSITION AND PUBLIC SAFETY FUND.
Section 3009(a) of the Deficit Reduction Act of 2005
(Public Law 109-171) is amended--
(1) by striking ``fiscal year 2009'' and inserting ``fiscal
years 2009 through 2012; and''
(2) by striking ``no earlier than October 1, 2010'' and
inserting ``on or after February 18, 2009''.
______
By Ms. SNOWE (for herself and Mrs. Dole):
S. 2608. A bill to make improvements to the Small Business Act; to
the Committee on Small Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I rise today, along with Senator Dole, to
introduce the Small Business Women's Procurement Improvement Act, a
measure that would enhance the Small Business Administration's women's
procurement program, which was created back in 2000, to provide
contracting opportunities to women-owned small businesses in Maine and
across the Nation. As Ranking Member of the Senate Committee on Small
Business and Entrepreneurship, one of my top priorities is to champion
our nation's women-owned small businesses and to promote their
interests. In these uncertain economic times it is our financial
strengths that we must rely upon most. Women-owned small businesses are
one such strength. In recent years, the percent growth in the number of
women-owned firms was nearly twice that of all U.S. firms. Thus, we
need to create programs that will continue to grow this vital and
crucial resource.
Regrettably, the Small Business Administration, SBA, has failed to
implement the women's procurement program that was enacted into law
back in 2000. In December, the SBA finally proposed a rule to implement
the program. The SBA had the opportunity to hit a home run, but instead
published a rule that is highly deficient and unlikely to have any
practical effect in helping the Federal Government satisfy its 5
percent women's contracting goal. So far, there has been one law--
enacted back in December 2000--three reports, numerous hearings, and
two proposed rules, and, tragically, it appears that we are no closer
today then we were 7 years ago to helping our nation's small women-
owned businesses stimulate our economy. What an inconceivable missed
opportunity for the SBA to help boost our economy by promoting women-
owned businesses.
The SBA's proposed rule has two fundamental flaws which hinder it
from functioning as Congress originally intended. First, the proposed
rule identifies just four industries, out of more than one hundred, in
which women-owned small businesses are under-represented and eligible
for set-asides. According to the Central Contractor Registration, this
gross disparity means a mere 1,238 businesses across the entire
Nation--or 2 percent of all women-owned small business contractors--
would be subject to the proposed rule. Regrettably, only two of these
contractors are located in my home State of Maine.
Second, for SBA's proposed rule to go into effect, individual Federal
agencies must first publicly admit to a history of gender
discrimination. I find it difficult, if not impossible, to envision a
scenario where a Federal agency would make such an admission.
Furthermore, such an unworkable admission isn't required anywhere in
the Small Business Act.
To help remedy this appalling circumstance, today we introduce
legislation to amend the Small Business Act so that the women-owned
small businesses can finally have a procurement program that makes a
real difference, not a 2 percent difference. For example, our bill
would substantially broaden the range of applicable business industries
for women across this Nation and take down the unnecessary barriers it
has recently proposed. Women-owned small businesses deserve more than 2
percent of available business industries. These four industries will do
little to nothing to help Federal agencies reach its statutory
government-wide goal. Sadly enough, one of the industries the SBA has
selected does not allow for any private business participation, let
alone women business participation.
Our bill also would preclude the SBA from promulgating a final rule
that requires individual agencies to admit to past discrimination as a
prerequisite for participation in the set-aside program. We find it
difficult to envision a circumstance in which any agency would make
such an admission. Furthermore, this requirement is not mandated
anywhere in the Small Business Act.
Our bill has gained the support of women-owned small businesses
across the Nation including major women's organizations like the U.S.
Women's Chamber of Commerce, Women Impacting Public Policy, the
National Women Business Owners Corporation, the Women Presidents'
Organization, the Women Presidents' Educational Organization, and the
Women's Business Development Center.
It has been nearly 14 years since the women's 5 percent government-
wide contracting goal was established in 1994, but since its enactment,
the women's contracting goal has never been met. Shockingly, at the
historical percentage rate of increase, it would take until 2019 for
this goal to be met--25 years after enactment of the original statutory
requirement.
According to recent figures, women-owned firms in the U.S. generate
$1.1 trillion in annual sales and employ 7.2 million people nationwide.
I take great pride that my own state of Maine is a forerunner for
women-owned businesses with more than 63,000 women-owned firms,
creating 75,000 jobs, and spurring more than $9 billion in sales.
The SBA must develop a functioning procurement program that will
cultivate women business so that they in turn can help grow our
Nation's economy. This is why women businesses need a workable
procurement program that does not create impenetrable barriers and
provide so few business opportunities. Our bill eliminates these
barriers and gives women-owned small business a tool they can use that
will help them continue to grow our suffering economy. If ever there
were a time to secure new avenues to generate revenue and spur the
economy, wouldn't that time be now?
I urge my colleagues in Congress to support this vital legislation,
so that we in Congress can make sure that the SBA publishes a
meaningful final rule that will assist the Federal Government to
satisfy--if not exceed--its government-wide contracting goal, and to
help women-owned small businesses to stimulate our Nation's economy.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2608
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Women's
Procurement Program Improvement Act''.
[[Page 1580]]
SEC. 2. FINDINGS.
Congress finds--
(1) based on evidence presented by Congressional witnesses,
testimony before Congress, and studies and reports, that
women-owned small business concerns are under represented in
certain identified industries with respect to Federal
procurement contracting; and
(2) the women's small business government-wide statutory
goal has never been achieved since the time of its enactment.
SEC. 3. SMALL BUSINESS ACT PROGRAM IMPROVEMENTS.
Section 8(m) of the Small Business Act (15 U.S.C. 637(m))
is amended--
(1) in paragraph (2)(C), by striking ``(3)'' and inserting
``(4)'';
(2) in paragraph (2), by striking subparagraph (D) and
inserting the following:
``(D) the contract is consistent with the requirements set
forth in subsection (a)(1)(D)(i);'';
(3) by striking paragraph (4) and inserting the following:
``(4) Identification of industries.--
``(A) Study required.--The Administrator shall conduct a
study 5 years after the date on which the program under this
section is implemented, to identify industries in which small
business concerns owned and controlled by women are
underrepresented with respect to Federal procurement
contracting.
``(B) Presumption relating to underrepresentation.--For
purposes of this subsection, the industries identified by the
2007 North American Industry Classification System Code as
industry codes 11 through 81 (as published by the Bureau of
the Census) shall be presumed to be industries in which small
business concerns owned and controlled by women are
underrepresented with respect to Federal procurement
contracting.''; and
(4) by adding at the end the following:
``(7) No past finding of discrimination required.--
Notwithstanding any other provision of law, a contracting
officer need not make a finding of past gender discrimination
by a contracting agency in order to comply with or otherwise
be subject to the requirements of this subsection.''.
______
By Mr. FEINGOLD (for himself, Mr. Coleman, Mr. Casey, Mr.
Cochran, Mr. Kerry, Mr. Whitehouse, and Mr. Voinovich):
S. 2609. A bill to establish a Global Service Fellowship Program, and
for other purposes; to the Committee on Foreign Relations.
Mr. FEINGOLD. Mr. President, today I am pleased to reintroduce the
Global Service Fellowship Program Act. This important bipartisan bill
would provide more Americans the opportunity to volunteer overseas and
strengthen our existing Federal international education and exchange
system. The U.S. Government needs to be taking a greater role in
providing opportunities for U.S. citizens to volunteer overseas, and my
bill will enhance U.S. efforts to be a global leader in people-to-
people engagement.
People-to-people engagement is one of the United States' most
effective public diplomacy tools and, today more than ever, we need to
be investing in every opportunity to improve the perception of the U.S.
overseas.
I often hear from constituents about their experiences volunteering
overseas and how those experiences impacted their lives and the lives
of those who they were helping. For example, I received an email from
Eric Englund, from my hometown of Middleton, who wrote, ``[My wife Jane
and I] have been privileged to participate in international
volunteering experiences in 2006 and 2007. In 2006 we spent 4 weeks in
China teaching English to Chinese primary and secondary English
teachers in Xingping, China. * * * In 2007 we spent two weeks in
Tanzania with Habitat for Humanity. . . . We return[ed] from both
experiences humbled in the understanding of how lucky we have been and
hungry to continue to share with others a cultural exchange that is
hopefully symbiotic in helping us grow/learn/appreciate while at the
same time sharing our knowledge, compassion and abilities with
others.'' This email captures the life-changing effects that
international volunteering often has on those who choose to commit
their time and resources to volunteering across the globe.
Unfortunately, not enough of my constituents are able to volunteer
overseas because of financial or time-related barriers. In an effort to
reduce these barriers, I initially introduced, along with my colleague
Senator Coleman, the Global Service Fellowship bill. Today, I am
reintroducing a new and improved version of the bill.
This new bill builds on the original legislation but now ensures
fellowships are not taxed, addresses the importance of geographical
diversity in the selection process, and increases collaborative
opportunities for the U.S. Agency for International Development and the
Department of State in establishing and administering the program.
Additionally, congressional involvement has been changed from the
original bill. The new version calls on participants to engage with
Members of Congress prior to their departure and again upon their
return by providing Members with a brief report of their experiences
and impact abroad. The changes are intended to ensure that fellows are
selected based on the merits while preserving for Members of Congress
the opportunity, if they so wish, to engage directly with constituents
who have volunteered for significant overseas work, whether by a
personal exchange, a public event or correspondence that recognizes the
value of their volunteer efforts.
Studies have shown that in areas where U.S. citizens have volunteered
their time, money, and services, opinions of the U.S. have improved.
Greater investment in volunteer opportunities has significant potential
to improve the image of the U.S. overseas and while we have important
programs already in place--the Peace Corps, programs administered
through the Department of State's Bureau of Education and Cultural
Affairs, and USAID's Volunteers for Prosperity--we can and should be
doing more.
My bill would cost $150 million, which is more than offset by a
provision that would require the IRS to deposit all of its fee receipts
in the Treasury as miscellaneous receipts. CBO has estimated that this
offset will save $559 million over 5 years for net deficit reduction of
just over $400 million.
I am pleased that my colleagues, Senators Coleman, Casey, Cochran,
Kerry, Voinovich, and Whitehouse have joined me in re-introducing this
bill. This program will be a valuable addition to our public diplomacy
and our private humanitarian efforts overseas and I encourage my
colleagues to support the bill.
______
By Mr. DORGAN (for himself, Mr. Brown, and Mr. Casey):
S. 2611. A bill to make bills implementing trade agreements subject
to a point of order unless certain conditions are met, and for other
purposes; to the Committee on Finance.
Mr. DORGAN. Mr. President, today I am introducing a piece of
legislation aimed at changing the course of our international trade
policy.
Part of the problem with our current trade agenda is that there is no
mechanism to gauge whether the trade agreements we enter into are
successful--and there is no mechanism to withdraw from agreements that
have not been successful.
So I am joining with Senators Brown and Casey in introducing the
Trade Agreement Benchmarks and Accountability Act, which aims to fix
that.
This is how the bill would work.
The legislation would create a point of order in the Senate against
any future bill implementing a new trade agreement unless it included
benchmarks to gauge the success or failure of the agreement.
The benchmarks would include, at a minimum, the trade agreement's
impact in four respects.
First, the number of U.S. jobs created and lost.
Second, the impact on U.S. wages.
Third, the extent to which U.S. exports gain foreign market access in
key sectors.
Fourth, the extent to which labor and environmental laws are followed
and enforced.
The U.S. Trade Representative's office could include additional
benchmarks in the implementing legislation, at their discretion.
Every 5 years, the U.S. International Trade Commission, ITC, would
assess whether the benchmarks in the implementing legislation had been
met.
If the ITC determined that any of the benchmarks were not met, there
would be an expedited process under which
[[Page 1581]]
the House and the Senate would consider a privileged resolution to pull
the United States out of the trade agreement.
The resolution would be considered under expedited rules. The
resolution would first be referred to the Ways and Means and Finance
committees. If those committees failed to report out the resolution
within a set period of time, either favorably or unfavorably, the
resolution would be automatically discharged to the full House and
Senate.
The resolution would not be amendable, and a floor vote in the House
and the Senate on whether to approve the resolution would be mandatory.
Let me explain why something like this is necessary.
When NAFTA was sent to Congress for a vote in 1993, its advocates
said that there would be 200,000 new jobs created annually as a result.
The proponents relied on a study by economists Gary Clyde Hufbauer
and Jeffrey Schott. Hufbauer and Schott actually predicted that NAFTA
would create 170,000 new jobs by 1995. But proponents of the deal in
the administration and the Senate rounded this number up to 200,000
jobs.
Well, we now know that NAFTA has resulted in hundreds of thousands of
job losses. About 412,000 U.S. jobs have been certified as lost to
NAFTA, under just one program at the U.S. Labor Department.
In 2003, 10 years after NAFTA had been approved, I commissioned a
study from the Congressional Research Service, which identified the top
100 companies that laid off U.S. workers as a result of NAFTA, between
1994 and 2002.
To come up with its data, CRS turned to the Department of Labor,
which has a ``Trade Adjustment Assistance'' program that gives
temporary benefits to workers laid off due to NAFTA.
This program requires companies to certify that they intended to
eliminate U.S. jobs specifically because of NAFTA. This means that we
can directly attribute these job losses to NAFTA.
These 100 companies accounted for 201,414 U.S. jobs lost specifically
due to NAFTA. In every instance, the companies doing the layoffs
certified that the jobs were being cut directly because of NAFTA.
If you look at all U.S. companies that participated in the Department
of Labor program, the total number of U.S. jobs lost due to NAFTA is
412,177--and that is just under this one program alone.
There are some very familiar products, which many people consider
all-American, now being produced in Mexico.
Levi Strauss laid off 15,676 U.S. workers due to NAFTA, and now makes
its jeans in Mexico.
In March 2003, Kraft Foods closed the Nabisco plant in Fair Lawn, NJ,
that made Fig Newtons. About 240 jobs were lost right there. Those jobs
are now in Monterrey, Mexico. Kraft Foods has cut about 955 jobs due to
NAFTA.
Fruit of the Loom laid off 5,352 U.S. workers in Texas alone, and
thousands more in Louisiana. I have often said that it is one thing to
lose your shirt, quite another to lose your shorts.
In March 2001, Mattel closed its last factory in the U.S.--a western
Kentucky plant that produced toys such as Barbie playhouses and
battery-powered pickups for nearly 30 years. The company shifted
production at the 980-employee Kentucky plant to factories in Mexico.
John Deere has laid off about 1,150 workers, who made lawn mowers and
chainsaws, and moved the jobs to Mexico.
By the way, in addition to this CRS study, a separate study by the
Economic Policy Institute found that the overall net effect of NAFTA
had been the loss of nearly 800,000 American jobs.
Today, the administration and the U.S. Trade Representative are
careful to avoid promising that new trade agreements will create more
U.S. jobs than the agreements will destroy.
But the administration has no problem figuring out how great trade
deals will be for other countries.
One month before the administration signed a trade agreement with
Korea last year, our principal negotiator in Korea, Assistant U.S.
Trade Representative Wendy Cutler, was already touting the benefits
that the agreement would offer Korea:
An FTA with the United States is predicted to produce
significant economic benefits for the Korean economy,
increasing Korea's real GDP by as much as 2%, establishing a
foundation for Korea to achieve per capita income to as high
as $30,000, boosting exports to the United States by 15%, and
creating 100,000 new jobs.
Remarkably, Ms. Cutler had no difficulty predicting a specific level
of job creation in Korea. But she made no similar projection with
respect to the United States.
Well, we need accountability in trade agreements. And the best way to
do that is with benchmarks.
This is a forward-looking strategy for a successful trade policy that
is in America's national interest.
Our bill would apply only to future trade agreements. It would not
apply retroactively to NAFTA.
I should say, however, that I think it is important that we gauge the
impact of NAFTA on U.S. jobs. And I was able to include language in the
omnibus conference report that will require the Department of Labor, by
the end of 2008, to calculate the net impact of NAFTA on U.S. jobs,
industry by industry.
In any event, we think that this piece of legislation should be
embraced by the U.S. Congress, because the American people are
beginning to demand accountability in trade.
On October 4, the Wall Street Journal provided fresh evidence that
the American people don't believe that free trade deals are creating
jobs.
The Wall Street Journal ran a story with the headline ``Republicans
Grow Skeptical on Free Trade.''
The story described a poll, which found that by a two-to-one margin,
Republican voters believe free trade deals have been bad for the U.S.
economy.
It turns out that dissatisfaction with our current trade policy is a
bipartisan sentiment.
The poll found that 59 percent of polled Republican voters agreed
with the following statement:
Foreign trade has been bad for the U.S. economy, because
imports from abroad have reduced demand for American-made
goods, cost jobs here at home, and produced potentially
unsafe products.
Only 32 percent of polled Republican voters agreed with the following
statement:
Foreign trade has been good for the US. economy, because
demand for U.S. products abroad has resulted in economic
growth and jobs for Americans here at home and provided more
choices for consumers.
This poll suggests a dramatic change in the way Americans view free
trade agreements.
In December 1999, the Wall Street Journal did a poll that found that
only 31 percent of Republican voters thought free trade agreements had
hurt our country.
But in this month's poll, the Wall Street Journal found that the
number of Republican voters opposing free trade agreements had risen
from 31 percent to 59 percent.
Clearly, the American people have seen the results of free trade
deals, and they don't like what they see. They demand accountability.
And the Trade Agreement Benchmarks and Accountability Act would give
them precisely that.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2611
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Agreement Benchmarks
and Accountability Act''.
SEC. 2. LIMITATIONS ON BILLS IMPLEMENTING TRADE AGREEMENTS.
(a) In General.--Notwithstanding section 151 of the Trade
Act of 1974 (19 U.S.C. 2191) or any other provision of law,
any bill implementing a trade agreement between the United
States and another country shall be subject to a point of
order pursuant to subsection (c) unless the bill--
[[Page 1582]]
(1) is accompanied by a statement of the benchmarks
described in subsection (b)(1) and that statement is approved
as part of the implementing bill; and
(2) contains the reporting provisions described in
subsection (b)(2).
(b) Benchmarks and Reporting Provisions.--
(1) Benchmarks.--
(A) In general.--Each bill implementing a trade agreement
shall be accompanied by a statement that contains benchmarks
described in subparagraph (B) and predictions made by the
International Trade Commission, the United States Trade
Representative, and other Federal agencies, of the impact the
implementation of the agreement will have on the United
States economy.
(B) Description of benchmarks.--The benchmarks described in
this subparagraph are as follows:
(i) An estimate of the number of new jobs that will be
created, the number of existing jobs that will be lost, and
the expected net effect on job creation in the United States
as a result of the agreement. The estimate shall include the
number and type of the new jobs that will be created and
lost.
(ii) An assessment and quantitative analysis of the extent
to which the agreement will result in an improvement in wages
for workers in the United States.
(iii) An assessment and quantitative analysis of how each
country that is a party to the agreement is implementing and
enforcing the labor and environmental standards that are part
of the agreement.
(iv) A quantitative analysis of the extent to which the
agreement will result in an increase in the access by United
States businesses to the market of each country that is a
party to the agreement, particularly those sectors identified
by the United States Trade Representative as of special
importance with respect to the agreement.
(2) Reporting provisions.--The reporting provisions
described in this subsection are that each bill implementing
a trade agreement shall contain a requirement that not later
than 5 years after the date the agreement enters into force
with respect to the United States, and every 5 years
thereafter, the International Trade Commission shall submit
to Congress a report that provides an assessment and
quantitative analysis of how the trade agreement has resulted
in meeting the benchmarks described in paragraph (1).
(3) Contents and conclusions of report.--The International
Trade Commission shall determine in any report required by
this section regarding an agreement whether the benchmarks
and predictions described in paragraph (1)(B) (i) and (ii)
have been met with respect to that agreement.
(c) Point of Order in Senate.--The Senate shall cease
consideration of a bill to implement a trade agreement, if--
(1) a point of order is made by any Senator against any
bill implementing a trade agreement that is not accompanied
by statement regarding the benchmarks to be achieved by the
agreement or does not contain the reporting provisions
regarding the benchmarks described in subsection (b); and
(2) the point of order is sustained by the Presiding
Officer.
(d) Withdrawal of Approval.--
(1) In general.--The approval of Congress, provided in a
bill to implement a trade agreement, shall cease to be
effective if, and only if, a report described in subsection
(b) indicates that the benchmarks and predictions made in
connection with the agreement are not being met and a joint
resolution described in subsection (e) is enacted into law
pursuant to the provisions of subsection (e) and paragraph
(2).
(2) Procedural provisions.--
(A) In general.--The requirements of this paragraph are met
if the joint resolution is enacted under subsection (e),
and--
(i) Congress adopts and transmits the joint resolution to
the President before the end of the 1-year period (excluding
any day described in section 154(b) of the Trade Act of 1974
(19 U.S.C. 2194(b)), beginning on the date on which Congress
receives a report described in subsection (b); and
(ii) if the President vetoes the joint resolution, each
House of Congress votes to override that veto on or before
the later of the last day of the 1-year period referred to in
clause (i) or the last day of the 15-day period (excluding
any day described in section 154(b) of the Trade Act of 1974)
beginning on the date on which Congress receives the veto
message from the President.
(B) Introduction.--A joint resolution to which this section
applies may be introduced at any time on or after the date on
which the International Trade Commission transmits to
Congress a report described in subsection (b), and before the
end of the 1-year period referred to in subparagraph (A)(i).
(e) Joint Resolutions.--
(1) Joint resolutions.--For purposes of this section, the
term ``joint resolution'' means only a joint resolution of
the 2 Houses of Congress, the matter after the resolving
clause of which is as follows: ``That Congress withdraws its
approval, provided under section __ of the ___________, of
the ______ Agreement.'', with the first blank space being
filled with the section of the Act implementing and approving
the applicable agreement, the second blank space being filled
with the name of the Act implementing and approving the
agreement, and the third blank space being filled with the
title of the agreement.
(2) Procedures.--
(A) Introduction and referral.--
(i) House of representatives.--Joint Resolutions in the
House of Representatives--
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means
and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(ii) Senate.--Joint Resolutions in the Senate--
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(B) Consideration by committees.--
(i) House of representatives.--It is not in order for the
House of Representatives to consider any resolution that is
not reported by the Committee on Ways and Means and, in
addition, by the Committee on Rules.
(ii) Senate.--It is not in order for the Senate to consider
any resolution that is not reported by the Committee on
Finance.
(C) Application of other provisions.--The provisions of
section 152 (c), (d), and (e) of the Trade Act of 1974 (19
U.S.C. 2192 (c), (d), and (e)) (relating to discharge of
committees and floor consideration of certain resolutions in
the House and Senate) shall apply to joint resolutions under
this section to the same extent as such provisions apply to
resolutions under such section.
(3) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(B) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to
the procedures of that House) at any time, in the same manner
and to the same extent as any other rule of that House.
______
By Mr. KERRY:
S. 2612. A bill to provide economic stimulus for small business
concerns; to the Committee on Small Business and Entrepreneurship.
Mr. KERRY. Mr. President, data from the Federal Reserve Bank and the
Small Business Administration show that the home mortgage crisis is
spreading, making it harder and more expensive for small businesses to
get loans. Specifically, according to the Federal Reserve's survey,
more than 30 percent of domestic banks indicated that they have
tightened their credit standards for commercial and industrial loans to
small businesses over the past three months. That same survey also
found that 80 percent of the domestic banks reported tighter lending
standards for commercial real estate loans--the highest percentage
recorded since the Fed began posing the question 18 years ago.
While that information is troubling, it is not a surprise. So far
this fiscal year, the number of loans made through the SBA's largest
lending program, the 7(a) loan guaranty program, dropped 14 percent
compared with the same period last year, and dollar volume fell six
percent. Lending in SBA's 504 loan program, after growing steadily over
the last few years, and being up even three months ago, has gone flat.
These figures are alarming because, historically, SBA loan activity has
increased when the conventional credit market has tightened and their
absence or smaller role in financing is a problem. Why? These 2 loan
programs--the 7(a) Loan Guaranty program and the 504 Loan Guaranty
program--are the largest source of long-term capital to small
businesses in this country. They play an essential role in the
continuum of financing to our small businesses.
As we talked to lenders and SBA to try and understand what was
causing this trend, we identified several changes we could make to
SBA's lending programs to try and stimulate the economy. What could we
do to get lenders to start lending again, and how could we make it more
affordable for small businesses? The bill I am introducing today--the
Small Business Lending Stimulus Act of 2008--incorporates those
findings. We made the changes temporary, targeted, and timely. We have
evidence that these changes work, because we did something similar, in
a bipartisan way,
[[Page 1583]]
after the terrorist attacks of 9/11, and it stimulated the economy and
mitigated job loss and business closures by pumping almost $3 billion
into our local economies.
Unfortunately, there is no magic bullet to right the economy, but we
need to use every tool at our disposal to mitigate further problems for
our economy. The SBA's programs are one effective tool. I hope that my
colleagues can get behind this legislation.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 445--EXPRESSING THE SENSE OF THE SENATE ON THE
ASSASSINATION OF FORMER PRIME MINISTER OF PAKISTAN BENAZIR BHUTTO, AND
THE POLITICAL CRISIS IN PAKISTAN
Mr. BIDEN (for himself, Mr. Obama, Mr. Baucus, Mr. Durbin, Mr.
Harkin, Mr. Casey, Mr. Menendez, Mr. Reid, and Mrs. Feinstein)
submitted the following resolution; which was referred to the Committee
on Foreign Relations:
S. Res. 445
Whereas, on October 18, 2007, former Prime Minister of
Pakistan Benazir Bhutto returned to Pakistan after more than
8 years in exile, and was welcomed by supporters numbering in
the hundreds of thousands;
Whereas hours after her return, a suicide bomb attack on
her convoy in Karachi killed 145 people and narrowly missed
killing Benazir Bhutto herself, in one of the most violent
terrorist attacks in Pakistan's history;
Whereas Members of Congress and other friends of Pakistan
wrote to President of Pakistan Pervez Musharraf weeks prior
to the October 18, 2007, attack on Benazir Bhutto, urging
support for the democratic process and the provision of
adequate security for democratic leaders such as Benazir
Bhutto;
Whereas Members of Congress and other friends of Pakistan
wrote to President of Pakistan Pervez Musharraf immediately
after the October 18, 2007, attack, urging that a specific
set of security measures be taken to protect Benazir Bhutto,
and that a full investigation into the October 18 attack be
undertaken;
Whereas, on November 3, 2007, President Musharraf, in his
role as Chief of Army Staff of Pakistan, declared a state of
emergency, suspended the Constitution of Pakistan, dismissed
Supreme Court Chief Justice Iftikhar Chaudhry and other
justices of the Supreme Court and provincial High Courts,
replacing them with candidates willing to take an oath to
uphold his actions during the suspension of the Constitution,
and initiated a nation-wide crackdown on political
opposition, the media, and the courts of Pakistan that
resulted in the arrest of more than 1,000 political
opponents;
Whereas, on December 15, 2007, President Musharraf lifted
the State of Emergency, but did not reinstate the dismissed
Supreme Court and High Court justices, allow full freedom of
the press, or release all political prisoners arrested during
the crackdown;
Whereas President Musharraf justified his actions in
November 2007 on the grounds of more effective
counterterrorism efforts, beginning his November 3
proclamation with the statement, ``Whereas there is visible
ascendancy in the activities of extremists and incidents of
terrorist attacks, including suicide bombings, IED
explosions, rocket firing and bomb explosions and the banding
together of some militant groups have taken such activities
to an unprecedented level of violent intensity posing a grave
threat to the life and property of the citizens of
Pakistan'';
Whereas, on December 27, 2007, Benazir Bhutto was killed in
the garrison town of Rawalpindi;
Whereas video footage, backed up by eyewitness testimony,
shows at least 1 gunman firing shots at Benazir Bhutto
instants before her death, and a second terrorist detonating
a bomb near her vehicle shortly after the firing of the
gunshots;
Whereas the precise circumstances surrounding both the
October 18, 2007, attack and the December 27, 2007,
assassination remain unclear, and those responsible for both
terrorist attacks remain at large;
Whereas President Musharraf has accepted the assistance of
Scotland Yard in his government's investigation of the
assassination of Benazir Bhutto, but has rejected calls for
an independent investigation under the auspices of the United
Nations;
Whereas President Musharraf has used the turmoil following
the assassination of Benazir Bhutto to delay elections from
their scheduled date of January 8, 2008, to February 18,
2008;
Whereas Benazir Bhutto's political party and the other
major opposition parties had opposed this delay, and have
expressed concern that it was motivated by an intention to
shape the outcome of the election through poll-rigging or
other improper means;
Whereas the current political crisis in Pakistan has a
grave impact on the national security of the United States,
in that it seriously undermines the ability of the Government
of Pakistan to devote adequate resources and attention to the
fight against al Qaeda, the Taliban, and other extremist
forces;
Whereas the political crisis in Pakistan cannot be resolved
without a speedy return to the democratic path, including
free and fair elections and restoration of an independent
judiciary in accordance with the express wishes of the vast
majority of the people of Pakistan;
Whereas the United States has provided Pakistan with
approximately $10,000,000,000 in assistance over the past 6
years; and
Whereas, on December 26, 2007, President Bush signed H.R.
2764, an omnibus spending bill which limited United States
military aid to Pakistan to counterterrorism and law
enforcement activities directed against al Qaeda and the
Taliban, and which withheld $50,000,000 in military aid until
such time as the Secretary of State reports that Pakistan has
restored democratic rights and an independent judiciary, and
is making concerted efforts to fight al Qaeda and the
Taliban: Now, therefore, be it
Resolved, That the Senate--
(1) conveys the deep condolences of the people of the
United States to the people of Pakistan on the tragic loss of
former Prime Minister Benazir Bhutto, and conveys special
condolences to the families of Benazir Bhutto and the other
victims of this terrorist attack;
(2) condemns, in the strongest possible terms, the murder
of Benazir Bhutto on December 27, 2007, and the slaughter of
at least 165 other Pakistani citizens in this attack and the
prior attempt on Benazir Bhutto's life in Karachi on October
18, 2007;
(3) calls upon the Government of Pakistan to do everything
in its power to bring the perpetrators of these crimes to
justice, and to permit investigators to follow their
inquiries in whatever direction they may lead;
(4) calls upon the Government of Pakistan to support and
facilitate an independent inquiry into the assassination of
Benazir Bhutto;
(5) strongly urges the Government of Pakistan to ensure
that free and fair elections are held on February 18, 2008,
as scheduled, and that independent election monitors are
allowed to monitor the elections;
(6) calls upon the Election Commission of Pakistan to
remove all of the restrictions it recently placed on election
observation activities, which included efforts to restrict
observer movement and the conduct of exit polling on Election
Day;
(7) urges President Pervez Musharraf of Pakistan to replace
the partisan caretaker governments at the federal,
provincial, and district levels with neutral administrations
acceptable to all major political parties, and to
reconstitute the Election Commission as a genuinely
nonpartisan body;
(8) calls upon the Government of Pakistan to provide
adequate security, including the provision of adequately
armored vehicles and properly functioning jamming equipment
to help prevent the detonation of explosive devices, to all
senior opposition political leaders;
(9) calls upon the Government of Pakistan to release those
individuals still being detained without charges and to end
the ongoing harassment of judges, opposition party activists,
and lawyers;
(10) calls for the restoration of Pakistan's independent
judiciary and an end to all restrictions on the media and
freedom of speech;
(11) calls upon the President to review all existing United
States aid to Pakistan, to ensure that all assistance
furthers the common goals shared by the people of Pakistan
and the United States, with specific reference to combating
violent radicalism and promoting a free and democratic
Pakistan; and
(12) if the President's review concludes that the
conditions described in paragraph (11) are not met, calls
upon the President to suspend (until such time as such
conditions can be met) the transfer to Pakistan of weapons
systems primarily designed and manufactured for combat
against a rival state rather than counterterrorism or
counterinsurgency.
Mr. BIDEN. Mr. President, it has been a month--almost to the day--
that former Pakistani prime minister Benazir Bhutto was assassinated.
She was murdered barely a mile from the site where her own father,
also a prime minister, had been executed by a military strongman nearly
two decades earlier.
She was killed by a terrorist attack in the very same park where,
over half a century ago, Pakistan's very first prime minister was
gunned down under circumstances that to this day remain clouded in
mystery.
The death of Ms. Bhutto was not the first time a Pakistani leader met
a violent end. But never has the loss been
[[Page 1584]]
greater--for Pakistan, and for friends of democracy the world over.
Never has the danger posed by such a loss been more serious--for
Pakistan, and for the U.S. as well.
For many Members of this body, the loss of Ms. Bhutto comes as a
personal shock. Some of us knew Benazir during her tenure in office,
others had met her during her years of exile.
Anyone who encountered the prime minister can understand the sadness
experienced by Pakistanis of all political outlooks.
The murder of Ms. Bhutto was a human tragedy, but one with
potentially dire political and national security repercussions. In the
wake of this shocking act of terrorism, Pakistani democracy remains
seriously threatened.
This is not merely a matter of concern to Pakistan, but to the U.S.
as well. Until the political crisis in Pakistan is resolved, no
government in Islamabad will have the focus, the will, or the military
and intelligence resources necessary to combat the threat of al-Qaeda
terrorism and Taliban insurgency effectively.
The resolution I offer expresses condolences on the murder of Ms.
Bhutto and condemns the cowardly terrorists who cut short the life of a
brave and brilliant woman.
It calls for a genuinely independent inquiry, to clear up the
mysteries surrounding this crime--an attack not only on one leader, but
on Pakistani democracy itself.
It calls upon the government of Pakistan to return to the democratic
path by insuring free and fair elections without further delays; by
releasing all political detainees; by revoking restrictions on the
press and free speech; and by restoring a genuinely independent
judiciary.
It also calls on the President of the review all U.S. aid to
Pakistan--as he promised to do immediately after Pakistan's current
leader suspended the constitution and declared a State of Emergency in
November.
The White House review found--to nobody's surprise--that no
significant change in policy was required. The resolution I offer calls
for a more targeted and more open-eyed approach.
It calls on the President to ensure that all assistance furthers the
common goals shared by the people of Pakistan and the U.S., with
specific reference to combating violent radicalism and promoting a free
and democratic Pakistan; and
It calls on the President, if he cannot make such a declaration, to
suspend the transfer of weapons systems primarily designed and
manufactured for combat against a rival state rather than
counterterrorism or counterinsurgency.
What does this mean?
In simple language, it calls upon President Bush to match his words
with deeds. For the good of the Pakistani people, and for the national
security interests of the United States.
The President has often said that a democratic Pakistan will be our
best partner in the battle against radical theocrats and bloodthirsty
terrorists.
I wholeheartedly agree--and urge the President to demonstrate that
his words are something more than empty rhetoric.
Specifically, I urge the President to let the Pakistani military
establishment know that the $10 billion we have provided in assistance
over the past 6 years--the vast bulk of it security assistance--is not
a blank check.
The American people and the Pakistani people, have a right to insist
that their money is being well spent.
At a time when Pakistani soldiers and paramilitary troop are sent to
fight the Taliban without bulletproof vests, without sufficient
ammunition, sometimes marching through the snow in sandals rather than
combat boots.
At such a time, does it make sense to spend $500 million on high-
tech, highcost, nuclear-capable fighter aircraft?
Does it make sense to spend hundreds of millions on P-3 naval
surveillance aircraft specifically designed to hunt submarines?
So far as I know, al-Qaeda has not yet developed a submarine navy.
The White House claims that weapons systems like these are indeed
counterterrorism tools, but such a claim is an insult to common sense.
Yes, it is possible to drop a bomb on a terrorist from a supersonic
jet--and our pilots sometimes do so.
Yes, it is possible to use P-3s to track fishing boats rather than
submarines--and our pilots may do that too. But let us get real here.
The primary use of these weapons has nothing to do with
counterterrorism--using them for this purpose is like swatting flies
with a sledgehammer.
Moreover, this resolution doesn't even mandate that such weapons
transfers be terminated. It merely urges that they be suspended:
temporarily put on hold, until the current political crisis has passed.
Why is this necessary? For starters, because the administration has
consistently failed to apply a common-sense approach to its Pakistan
policy--and shows no sign of starting to do so now. I'll give just one
example, but I could select from dozens.
A few days after the assassination of Benazir Bhutto, just as
Pakistani President Musharraf was deliberating over whether or not to
postpone elections in which Bhutto's party was nearly certain to
prevail, the Pentagon awarded a contract for fighter jets worth $498
million.
Despite a direct Congressional inquiry several weeks earlier, no
member of the Foreign Relations Committee--or any other committee, so
far as I know--was alerted to this sale.
The administration claims this was merely a coincidence, that the
deal had been in the works for a long time, that no policy-maker had
any say in the timing of the announcement.
Perhaps that is true. If so, all the more reason for Congress to lay
down a marker.
I first suggested putting noncounterterrorism security aid on the
table on November 4--the morning after President Musharraf effectively
declared a coup d'etat against his own government.
I did so moments after speaking by phone with Benazir Bhutto, who had
just returned to Pakistan from 8 years in exile, and who had narrowly
escaped a bomb blast on her convoy that left 140 of her supporters
dead.
I urged President Musharraf to step back from the brink of disaster,
to revoke an order that could destroy his country's democracy.
I urged President Bush to use U.S. military aid as a carefully
calibrated lever, in order to make sure our arms and our money helped
make Pakistan more free, and the U.S more safe.
Later that week, I unveiled a comprehensive plan for long-term
engagement with pakistan--or moving our strategy from a ``Musharraf
policy'' to a ``Pakistan policy.'' In broad strokes, the basic elements
of this plan are:
Triple non-security aid, to $1.5 billion annually. For at least a
decade. This aid would be unconditional: it is our pledge to the
Pakistani people.
Instead of funding military hardware, it would build schools,
clinics, and roads.
Condition security aid on performance. We should base our security
aid on clear results.
We are now spending well over $1 billion annually, and it is not
clear we are getting our money's worth.
We should be willing to spend more if we get better returns--and less
if we don't.
Help Pakistan enjoy a ``democracy dividend.'' The first year of
genuine democratic rule should bring an additional $1 billion, above
the $1.5 billion non-security aid baseline, with future non-security
aid calibrated, again, above the guaranteed baseline, to Pakistan's
institutionalization of democratic and good-governance norms.
We have got to help moderate, secular political leaders show the
Pakistani people that they can deliver the goods.
Engage the Pakistani people, not just their rulers. We need a broad-
based engagement, not just government to government.
This will involve everything from improved public diplomacy to
reviewing visa procedures and textile quotas to reversing this
administration's shameful torture policies and shutting the prison at
Gitmo.
[[Page 1585]]
Today is not the day to delve into the specifics of long-term
strategy; I will come to the floor at a later date and sketch out this
comprehensive plan in greater detail.
Today is a time for all of us to come together in support of a
resolution which, I would hope, expresses the sentiments of every
Member here.
All of us, surely, send our condolences on the death of Benazir
Bhutto, and condemn her bloodthirsty assassins.
All of us, surely, want to see her murderers--and those who arranged
her murder--brought to justice.
All of us, surely, want to see Pakistan set firmly back on the
democratic path.
All of us, surely, want to make certain that the billions of dollars
we send to Pakistan in aid genuinely serve the purposes for which it is
intended--that it bolsters a stable, moderate, democratic state, and
that it supports the battle against the violent terrorist groups who
have declared war on the U.S. and Pakistan alike.
____________________
SENATE CONCURRENT RESOLUTION 66--COMMEMORATING THE 175TH ANNIVERSARY OF
THE COMMENCEMENT OF THE SPECIAL RELATIONSHIP BETWEEN THE UNITED STATES
AND THE KINGDOM OF THAILAND
Mr. WEBB (for himself, Mr. Biden, Mr. Lugar, Mr. Warner, Mr. Dodd,
Mr. Hagel, Mrs. Boxer, and Ms. Murkowski) submitted the following
concurrent resolution; which was referred to the Committee on Foreign
Relations:
S. Con. Res. 66
Whereas 2008 marks the 175th anniversary of the signing of
the Treaty of Amity and Commerce between the United States
and the Kingdom of Thailand in 1833, during President Andrew
Jackson's administration and the reign of King Rama III, and
the commencement of the relationship between the 2 countries;
Whereas Thailand was the first treaty ally of the United
States in the Asia-Pacific region and remains a steadfast
friend with shared values of freedom, democracy, and liberty;
Whereas, in December 2003, the United States designated
Thailand as a major ally outside the North Atlantic Treaty
Organization, which improved the security of both countries,
particularly by facilitating joint counterterrorism efforts;
Whereas, for more than a quarter century, Thailand has been
the host country of Cobra Gold, the United States Pacific
Command's annual multinational military training exercise,
designed to ensure regional peace and promote regional
security cooperation;
Whereas, in the wake of the tragic 2004 tsunami, the United
States and Thailand launched joint relief operations from
Utapao, Thailand, strengthening the overall capacity of the
forces involved in providing relief and setting the model for
effective humanitarian operations throughout the entire
region affected by the deadly tsunami;
Whereas Thailand is a key partner of the United States in
Southeast Asia and has supported closer relations between the
United States and the Association of Southeast Asian Nations;
Whereas, on June 22, 2006, Congress agreed to House
Concurrent Resolution 409, 109th Congress, commemorating the
60th anniversary of the ascension to the throne of His
Majesty King Bhumibol Adulyadej of Thailand;
Whereas, on December 5, 2007, the people of Thailand
celebrated the 80th birthday of His Majesty King Bhumibol
Adulyadej, the world's longest-serving monarch, who is loved
and respected for his lifelong dedication to the social and
economic development of the people of Thailand;
Whereas, on December 23, 2007, the Royal Thai Government
held nationwide parliamentary elections that are paving the
way for a successful return of democracy to Thailand;
Whereas approximately 500,000 people of Thai descent live
in the United States, joining in the pursuit of the American
Dream;
Whereas Thailand is the 20th largest trading partner of the
United States, with bilateral trade totaling approximately
$30,600,000,000 per year; and
Whereas the bonds of friendship and mutual respect between
the United States and Thailand are strong: Now, therefore, be
it
Resolved by the Senate (the House of Representatives
concurring), That Congress--
(1) commemorates the 175th anniversary of relations between
the United States and the Kingdom of Thailand;
(2) offers sincere congratulations to the Kingdom of
Thailand and the people of Thailand for the democratic, free,
and fair elections held on December 23, 2007;
(3) commemorates the 80th birthday of His Majesty King
Bhumibol Adulyadej of Thailand and offers sincere
congratulations and best wishes for the continued prosperity
of the Kingdom of Thailand; and
(4) looks forward to continued, enduring ties of friendship
between the peoples of Thailand and the United States.
Mr. WEBB. Madam President, today I wish to introduce a resolution to
commemorate the 175th anniversary of diplomatic relations between the
United States and Thailand and the 80th birthday anniversary of His
Majesty King Bhumibol Adulyadej of Thailand, and also to express our
recognition for the success of the recent parliamentary election in
that country.
I am very pleased to be joined by Senator Biden and Senator Lugar,
the chairman and ranking member of the Senate Foreign Relations
Committee, together with Senators Warner, Dodd, Hagel, Boxer, and
Murkowski as cosponsors of this resolution.
Next month will mark 175 years of a special friendship between the
United States and Thailand, which began with the signing of the Treaty
of Amity and Commerce in 1833 during the administration of President
Andrew Jackson, making Thailand our first treaty ally in Asia.
Throughout the years, Thailand has often been a close friend and
strategic partner of the United States and has proven to be a
dependable key ally in Southeast Asia, helpful to the United States'
interests in that region.
Sharing our values of freedom and liberty, Thailand has partnered
with the United States in fighting numerous military engagements
throughout our history, including its current support in the global war
on terror.
In 2003, President Bush declared Thailand a major non-NATO ally, a
designation which represents a close and extensive relationship between
our two countries.
The United States has enjoyed dynamic, vast, and varied cooperation
and partnership with Thailand, which have not only strengthened our
bilateral relations, but in many ways have also benefitted the Asian
region as a whole.
For more than a quarter century, Thailand has been the host country
of Cobra Gold--the United States annual multinational military training
exercise--to promote regional stability and security cooperation. As
another case in point, the United States and Thailand's joint relief
operations in the wake of the tragic 2004 tsunami promoted the overall
capacity of the international humanitarian forces in providing relief,
setting a model for effective humanitarian operations in the region.
Madam President, I have visited Thailand many times over the past 25
years and have many friends in that country. I had the privilege of
visiting Thailand last year for the first time as a sitting Senator and
was very pleased to see so much cooperation with the United States,
particularly with our military. During our meetings, I was also
gratified to see that so many Thai military leaders and Government
leaders had been educated and trained in the United States--leading to
the sense of lasting friendship and goodwill between our two countries
toward our mutual interests.
On another important point, as was promised at the time of the
political coup, which occurred in 2006, I am very pleased to be able to
remind and reassure my colleagues that Thailand held democratic, free,
and fair parliamentary elections in December of last year, marking a
successful return to full-fledged democracy.
So I congratulate the new Thai Government. I look forward to the
continuation of the long tradition of friendship and close cooperation
between Thailand and the United States.
I urge quick passage of this resolution, which I now send to the
desk.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 4009. Mr. KERRY submitted an amendment intended to be
proposed by him to the bill H.R. 5140, to provide economic
stimulus through recovery rebates to individuals, incentives
for business investment, and an increase in conforming and
FHA loan limits; which was ordered to lie on the table.
SA 4010. Mr. REID (for himself, Mr. McConnell, Mr. Baucus,
Mr. Grassley, Mr. Stevens, Mrs. Lincoln, Ms. Snowe, Mr.
[[Page 1586]]
Salazar, Mr. Bunning , Mr. Alexander, Mr. Sununu, Mr. Vitter,
Mr. Wicker, Mr. Burr, Mr. Roberts, Mr. Brownback, Mr.
Isakson, and Mr. Coleman) proposed an amendment to the bill
H.R. 5140, supra.
SA 4011. Mr. KERRY (for himself and Mr. Smith) submitted an
amendment intended to be proposed by him to the bill H.R.
5140, supra; which was ordered to lie on the table.
SA 4012. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill S. 1200, to amend the Indian
Health Care Improvement Act to revise and extend the Act;
which was ordered to lie on the table .
SA 4013. Mr. COBURN submitted an amendment intended to be
proposed by him to the bill S. 1200, supra; which was ordered
to lie on the table.
____________________
TEXT OF AMENDMENTS
SA 4009. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 5140, to provide economic stimulus through
recovery rebates to individuals, incentives for business investment,
and an increase in conforming and FHA loan limits; as follows:
At the appropriate place, insert the following:
SEC. ___. ECONOMIC STIMULUS SMALL BUSINESS CONCERNS.
(a) In General.--For fiscal year 2008, and to the extent
the cost of such reduction in fees are offset by
appropriations, with respect to each loan guaranteed under
section 7(a) of Small Business Act (15 U.S.C. 636(a)), the
Administrator of the Small Business Administration shall, in
lieu of the fee otherwise applicable under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect an annual fee in an amount equal to a
maximum of .25 percent of the outstanding balance of the
deferred participation share of that loan, and in lieu of the
fee otherwise applicable under section 7(a)(18)(A) of the
Small Business Act (15 U.S.C. 636(a)(18)(A)), collect a
guarantee fee in an amount equal to a maximum of 1 percent of
the deferred participation share of a total loan amount that
is not more than $150,000, 2.5 percent of the deferred
participation share of a total loan amount that is more than
$150,000, and not more than $700,000, and 3 percent of the
deferred participation share of a total loan amount that is
more than $700,000, and in lieu of the fee otherwise
applicable under section 7(a)(18)(A)(iv) of the Small
Business Act (15 U.S.C. 636(a)(18)(A)(iv)), collect no fee.
In carrying out this subsection, the Administrator of the
Small Business Administration shall reduce the fees for a
loan guaranteed under section 7(a) of Small Business Act (15
U.S.C. 636(a)) to the maximum extent possible, subject to the
availability of appropriations.
(b) Appropriation.--There are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2008, for the ``Business
Loans Program Account'' of the Small Business Administration,
$150,000,000 for loan subsidies and for loan modifications
for loans to small business concerns authorized under
subsection (a), and $2,000,000, to remain available until
expended, for direct loans under the Microloan Program under
section 7(m) of the Small Business Act (15 U.S.C. 636(m)),
and for the ``Salaries and Expenses Account'' of the Small
Business Administration, $10,000,000, to remain available
until expended, for marketing, management, and technical
assistance under section 7(m)(4) of the Small Business Act
(15 U.S.C. 636(m)(4)) by intermediaries that make microloans
under the Microloan Program: Provided, That the amounts
provided under this subsection are designated as an emergency
requirement pursuant to section 204 of S. Con. Res. 21 (110th
Congress).
(c) Application of Fee Reductions.--The Administrator of
the Small Business Administration shall reduce the fees under
subsection (a) for any loan guarantee subject to such
subsection for which the application is pending approval on
or after the date of enactment of this Act, until the amount
provided for such purpose under subsection (b) is expended.
______
SA 4010. Mr. REID (for himself, Mr. McConnell, Mr. Baucus, Mr.
Grassley, Mr. Stevens, Mrs. Lincoln, Ms. Snowe, Mr. Salazar, Mr.
Bunning, Mr. Alexander, Mr. Sununu, Mr. Vitter, Mr. Wicker, Mr. Burr,
Mr. Roberts, Mr. Brownback, Mr. Isakson, and Mr. Coleman) proposed an
amendment to the bill H.R. 5140, to provide economic stimulus through
recovery rebates to individuals, incentives for business investment,
and an increase in conforming and FHA loan limits; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Economic
Stimulus Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--RECOVERY REBATES AND INCENTIVES FOR BUSINESS INVESTMENT
Sec. 101. 2008 recovery rebates for individuals.
Sec. 102. Temporary increase in limitations on expensing of certain
depreciable business assets.
Sec. 103. Special allowance for certain property acquired during 2008.
TITLE II--HOUSING GSE AND FHA LOAN LIMITS
Sec. 201. Temporary conforming loan limit increase for Fannie Mae and
Freddie Mac.
Sec. 202. Temporary loan limit increase for FHA.
TITLE III--EMERGENCY DESIGNATION
Sec. 301. Emergency designation.
TITLE I--RECOVERY REBATES AND INCENTIVES FOR BUSINESS INVESTMENT
SEC. 101. 2008 RECOVERY REBATES FOR INDIVIDUALS.
(a) In General.--Section 6428 of the Internal Revenue Code
of 1986 is amended to read as follows:
``SEC. 6428. 2008 RECOVERY REBATES FOR INDIVIDUALS.
``(a) In General.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
subtitle A for the first taxable year beginning in 2008 an
amount equal to the lesser of--
``(1) net income tax liability, or
``(2) $600 ($1,200 in the case of a joint return).
``(b) Special Rules.--
``(1) In general.--In the case of a taxpayer described in
paragraph (2)--
``(A) the amount determined under subsection (a) shall not
be less than $300 ($600 in the case of a joint return), and
``(B) the amount determined under subsection (a) (after the
application of subparagraph (A)) shall be increased by the
product of $300 multiplied by the number of qualifying
children (within the meaning of section 24(c)) of the
taxpayer.
``(2) Taxpayer described.--A taxpayer is described in this
paragraph if the taxpayer--
``(A) has qualifying income of at least $3,000, or
``(B) has--
``(i) net income tax liability which is greater than zero,
and
``(ii) gross income which is greater than the sum of the
basic standard deduction plus the exemption amount (twice the
exemption amount in the case of a joint return).
``(c) Treatment of Credit.--The credit allowed by
subsection (a) shall be treated as allowed by subpart C of
part IV of subchapter A of chapter 1.
``(d) Limitation Based on Adjusted Gross Income.--The
amount of the credit allowed by subsection (a) (determined
without regard to this subsection and subsection (f)) shall
be reduced (but not below zero) by 5 percent of so much of
the taxpayer's adjusted gross income as exceeds $75,000
($150,000 in the case of a joint return).
``(e) Definitions.--For purposes of this section--
``(1) Qualifying income.--The term `qualifying income'
means--
``(A) earned income,
``(B) social security benefits (within the meaning of
section 86(d)), and
``(C) any compensation or pension received under chapter
11, chapter 13, or chapter 15 of title 38, United States
Code.
``(2) Net income tax liability.--The term `net income tax
liability' means the excess of--
``(A) the sum of the taxpayer's regular tax liability
(within the meaning of section 26(b)) and the tax imposed by
section 55 for the taxable year, over
``(B) the credits allowed by part IV (other than section 24
and subpart C thereof) of subchapter A of chapter 1.
``(3) Eligible individual.--The term `eligible individual'
means any individual other than--
``(A) any nonresident alien individual,
``(B) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual's
taxable year begins, and
``(C) an estate or trust.
``(4) Earned income.--The term `earned income' has the
meaning set forth in section 32(c)(2) except that--
``(A) subclause (II) of subparagraph (B)(vi) thereof shall
be applied by substituting `January 1, 2009' for `January 1,
2008', and
``(B) such term shall not include net earnings from self-
employment which are not taken into account in computing
taxable income.
``(5) Basic standard deduction; exemption amount.--The
terms `basic standard deduction' and `exemption amount' shall
have the same respective meanings as when used in section
6012(a).
``(f) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer
[[Page 1587]]
under subsection (g). Any failure to so reduce the credit
shall be treated as arising out of a mathematical or clerical
error and assessed according to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (g) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(g) Advance Refunds and Credits.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2007 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if this section (other than subsection (f) and
this subsection) had applied to such taxable year.
``(3) Timing of payments.--The Secretary shall, subject to
the provisions of this title, refund or credit any
overpayment attributable to this section as rapidly as
possible. No refund or credit shall be made or allowed under
this subsection after December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(h) Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) to an eligible individual who does not include
on the return of tax for the taxable year--
``(A) such individual's valid identification number,
``(B) in the case of a joint return, the valid
identification number of such individual's spouse, and
``(C) in the case of any qualifying child taken into
account under subsection (b)(1)(B), the valid identification
number of such qualifying child.
``(2) Valid identification number.--For purposes of
paragraph (1), the term `valid identification number' means a
social security number issued to an individual by the Social
Security Administration. Such term shall not include a TIN
issued by the Internal Revenue Service.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and
53(e)'' and inserting ``53(e), and 6428''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2)(L) of such Code is amended by striking ``or 32''
and inserting ``32, or 6428''.
(c) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possession.--The Secretary of the Treasury
shall make a payment to each possession of the United States
with a mirror code tax system in an amount equal to the loss
to that possession by reason of the amendments made by this
section. Such amount shall be determined by the Secretary of
the Treasury based on information provided by the government
of the respective possession.
(B) Other possessions.--The Secretary of the Treasury shall
make a payment to each possession of the United States which
does not have a mirror code tax system in an amount estimated
by the Secretary of the Treasury as being equal to the
aggregate benefits that would have been provided to residents
of such possession by reason of the amendments made by this
section if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply with
respect to any possession of the United States unless such
possession has a plan, which has been approved by the
Secretary of the Treasury, under which such possession will
promptly distribute such payment to the residents of such
possession.
(2) Coordination with credit allowed against united states
income taxes.--No credit shall be allowed against United
States income taxes under section 6428 of the Internal
Revenue Code of 1986 (as amended by this section) to any
person--
(A) to whom a credit is allowed against taxes imposed by
the possession by reason of the amendments made by this
section, or
(B) who is eligible for a payment under a plan described in
paragraph (1)(B).
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes of this
subsection, the term ``possession of the United States''
includes the Commonwealth of Puerto Rico and the Commonwealth
of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability of
the residents of such possession under such system is
determined by reference to the income tax laws of the United
States as if such possession were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the payments
under this subsection shall be treated in the same manner as
a refund due from the credit allowed under section 6428 of
the Internal Revenue Code of 1986 (as amended by this
section).
(d) Refunds Disregarded in the Administration of Federal
Programs and Federally Assisted Programs.--Any credit or
refund allowed or made to any individual by reason of section
6428 of the Internal Revenue Code of 1986 (as amended by this
section) or by reason of subsection (c) of this section shall
not be taken into account as income and shall not be taken
into account as resources for the month of receipt and the
following 2 months, for purposes of determining the
eligibility of such individual or any other individual for
benefits or assistance, or the amount or extent of benefits
or assistance, under any Federal program or under any State
or local program financed in whole or in part with Federal
funds.
(e) Appropriations To Carry Out Rebates.--
(1) In general.--Immediately upon the enactment of this
Act, the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008:
(A) Department of treasury.--
(i) For an additional amount for ``Department of the
Treasury--Financial Management Service--Salaries and
Expenses'', $64,175,000, to remain available until September
30, 2009.
(ii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Taxpayer Services'',
$50,720,000, to remain available until September 30, 2009.
(iii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Operations Support'',
$151,415,000, to remain available until September 30, 2009.
(B) Social security administration.--For an additional
amount for ``Social Security Administration--Limitation on
Administrative Expenses'', $31,000,000, to remain available
until September 30, 2008.
(2) Reports.--No later than 15 days after enactment of this
Act, the Secretary of the Treasury shall submit a plan to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the expected use of the funds
provided by paragraph (1)(A). Beginning 90 days after
enactment of this Act, the Secretary of the Treasury shall
submit a quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
actual expenditure of funds provided by paragraph (1)(A) and
the expected expenditure of such funds in the subsequent
quarter.
(f) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 6428'' after
``section 35''.
(2) Paragraph (1) of section 1(i) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (D).
(3) The item relating to section 6428 in the table of
sections for subchapter B of chapter 65 of such Code is
amended to read as follows:
``Sec. 6428. 2008 recovery rebates for individuals.''.
SEC. 102. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF
CERTAIN DEPRECIABLE BUSINESS ASSETS.
(a) In General.--Subsection (b) of section 179 of the
Internal Revenue Code of 1986 (relating to limitations) is
amended by adding at the end the following new paragraph:
``(7) Increase in limitations for 2008.--In the case of any
taxable year beginning in 2008--
``(A) the dollar limitation under paragraph (1) shall be
$250,000,
``(B) the dollar limitation under paragraph (2) shall be
$800,000, and
``(C) the amounts described in subparagraphs (A) and (B)
shall not be adjusted under paragraph (5).''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 103. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED
DURING 2008.
(a) In General.--Subsection (k) of section 168 of the
Internal Revenue Code of 1986 (relating to special allowance
for certain property acquired after September 10, 2001, and
before January 1, 2005) is amended--
(1) by striking ``September 10, 2001'' each place it
appears and inserting ``December 31, 2007'',
(2) by striking ``September 11, 2001'' each place it
appears and inserting ``January 1, 2008'',
(3) by striking ``January 1, 2005'' each place it appears
and inserting ``January 1, 2009'', and
(4) by striking ``January 1, 2006'' each place it appears
and inserting ``January 1, 2010''.
(b) 50 Percent Allowance.--Subparagraph (A) of section
168(k)(1) of such Code is amended by striking ``30 percent''
and inserting ``50 percent''.
(c) Conforming Amendments.--
(1) Subclause (I) of section 168(k)(2)(B)(i) of such Code
is amended by striking ``and (iii)'' and inserting ``(iii),
and (iv)''.
(2) Subclause (IV) of section 168(k)(2)(B)(i) of such Code
is amended by striking ``clauses (ii) and (iii)'' and
inserting ``clause (iii)''.
(3) Clause (i) of section 168(k)(2)(C) of such Code is
amended by striking ``and (iii)'' and inserting ``, (iii),
and (iv)''.
(4) Clause (i) of section 168(k)(2)(F) of such Code is
amended by striking ``$4,600'' and inserting ``$8,000''.
[[Page 1588]]
(5)(A) Subsection (k) of section 168 of such Code is
amended by striking paragraph (4).
(B) Clause (iii) of section 168(k)(2)(D) of such Code is
amended by striking the last sentence.
(6) Paragraph (4) of section 168(l) of such Code is amended
by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D) and inserting before
subparagraph (B) (as so redesignated) the following new
subparagraph:
``(A) Bonus depreciation property under subsection (k).--
Such term shall not include any property to which section
168(k) applies.''.
(7) Paragraph (5) of section 168(l) of such Code is
amended--
(A) by striking ``September 10, 2001'' in subparagraph (A)
and inserting ``December 31, 2007'', and
(B) by striking ``January 1, 2005'' in subparagraph (B) and
inserting ``January 1, 2009''.
(8) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2005'' and inserting
``January 1, 2010''.
(9) Paragraph (3) of section 1400N(d) of such Code is
amended--
(A) by striking ``September 10, 2001'' in subparagraph (A)
and inserting ``December 31, 2007'', and
(B) by striking ``January 1, 2005'' in subparagraph (B) and
inserting ``January 1, 2009''.
(10) Paragraph (6) of section 1400N(d) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Exception for bonus depreciation property under
section 168(k).--The term `specified Gulf Opportunity Zone
extension property' shall not include any property to which
section 168(k) applies.''.
(11) The heading for subsection (k) of section 168 of such
Code is amended--
(A) by striking ``September 10, 2001'' and inserting
``December 31, 2007'', and
(B) by striking ``January 1, 2005'' and inserting ``January
1, 2009''.
(12) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``pre-january 1, 2005'' and
inserting ``pre-january 1, 2009''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007, in taxable years ending after such date.
TITLE II--HOUSING GSE AND FHA LOAN LIMITS
SEC. 201. TEMPORARY CONFORMING LOAN LIMIT INCREASE FOR FANNIE
MAE AND FREDDIE MAC.
(a) Increase of High Cost Areas Limits for Housing GSEs.--
For mortgages originated during the period beginning on July
1, 2007, and ending at the end of December 31, 2008:
(1) Fannie mae.--With respect to the Federal National
Mortgage Association, notwithstanding section 302(b)(2) of
the Federal National Mortgage Association Charter Act (12
U.S.C. 1717(b)(2)), the limitation on the maximum original
principal obligation of a mortgage that may be purchased by
the Association shall be the higher of--
(A) the limitation for 2008 determined under such section
302(b)(2) for a residence of the applicable size; or
(B) 125 percent of the area median price for a residence of
the applicable size, but in no case to exceed 175 percent of
the limitation for 2008 determined under such section
302(b)(2) for a residence of the applicable size.
(2) Freddie mac.--With respect to the Federal Home Loan
Mortgage Corporation, notwithstanding section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)), the limitation on the maximum original principal
obligation of a mortgage that may be purchased by the
Corporation shall be the higher of--
(A) the limitation determined for 2008 under such section
305(a)(2) for a residence of the applicable size; or
(B) 125 percent of the area median price for a residence of
the applicable size, but in no case to exceed 175 percent of
the limitation determined for 2008 under such section
305(a)(2) for a residence of the applicable size.
(b) Determination of Limits.--The areas and area median
prices used for purposes of the determinations under
subsection (a) shall be the areas and area median prices used
by the Secretary of Housing and Urban Development in
determining the applicable limits under section 202 of this
title.
(c) Rule of Construction.--A mortgage originated during the
period referred to in subsection (a) that is eligible for
purchase by the Federal National Mortgage Association or the
Federal Home Loan Mortgage Corporation pursuant to this
section shall be eligible for such purchase for the duration
of the term of the mortgage, notwithstanding that such
purchase occurs after the expiration of such period.
(d) Effect on Housing Goals.--Notwithstanding any other
provision of law, mortgages purchased in accordance with the
increased maximum original principal obligation limitations
determined pursuant to this section shall not be considered
in determining performance with respect to any of the housing
goals established under section 1332, 1333, or 1334 of the
Housing and Community Development Act of 1992 (12 U.S.C.
4562-4), and shall not be considered in determining
compliance with such goals pursuant to section 1336 of such
Act (12 U.S.C. 4566) and regulations, orders, or guidelines
issued thereunder.
(e) Sense of Congress.--It is the sense of the Congress
that the securitization of mortgages by the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation plays an important role in providing liquidity to
the United States housing markets. Therefore, the Congress
encourages the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation to securitize
mortgages acquired under the increased conforming loan limits
established in this section, to the extent that such
securitizations can be effected in a timely and efficient
manner that does not impose additional costs for mortgages
originated, purchased, or securitized under the existing
limits or interfere with the goal of adding liquidity to the
market.
SEC. 202. TEMPORARY LOAN LIMIT INCREASE FOR FHA.
(a) Increase of High-Cost Area Limit.--For mortgages for
which the mortgagee has issued credit approval for the
borrower on or before December 31, 2008, subparagraph (A) of
section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)(A)) shall be considered (except for purposes of
section 255(g) of such Act (12 U.S.C. 1715z-20(g))) to
require that a mortgage shall involve a principal obligation
in an amount that does not exceed the lesser of--
(1) in the case of a 1-family residence, 125 percent of the
median 1-family house price in the area, as determined by the
Secretary; and in the case of a 2-, 3-, or 4-family
residence, the percentage of such median price that bears the
same ratio to such median price as the dollar amount
limitation determined for 2008 under section 305(a)(2) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)) for a 2-, 3-, or 4-family residence,
respectively, bears to the dollar amount limitation
determined for 2008 under such section for a 1-family
residence; or
(2) 175 percent of the dollar amount limitation determined
for 2008 under such section 305(a)(2) for a residence of the
applicable size (without regard to any authority to increase
such limitation with respect to properties located in Alaska,
Guam, Hawaii, or the Virgin Islands);
except that the dollar amount limitation in effect under this
subsection for any size residence for any area shall not be
less than the greater of (A) the dollar amount limitation in
effect under such section 203(b)(2) for the area on October
21, 1998; or (B) 65 percent of the dollar amount limitation
determined for 2008 under such section 305(a)(2) for a
residence of the applicable size. Any reference in this
subsection to dollar amount limitations in effect under
section 305 (a)(2) of the Federal Home Loan Mortgage
Corporation Act means such limitations as in effect without
regard to any increase in such limitation pursuant to section
201 of this title.
(b) Discretionary Authority.--If the Secretary of Housing
and Urban Development determines that market conditions
warrant such an increase, the Secretary may, for the period
that begins upon the date of the enactment of this Act and
ends at the end of the date specified in subsection (a),
increase the maximum dollar amount limitation determined
pursuant to subsection (a) with respect to any particular
size or sizes of residences, or with respect to residences
located in any particular area or areas, to an amount that
does not exceed the maximum dollar amount then otherwise in
effect pursuant to subsection (a) for such size residence, or
for such area (if applicable), by not more than $100,000.
(c) Publication of Area Median Prices and Loan Limits.--The
Secretary of Housing and Urban Development shall publish the
median house prices and mortgage principal obligation limits,
as revised pursuant to this section, for all areas as soon as
practicable, but in no case more than 30 days after the date
of the enactment of this Act. With respect to existing areas
for which the Secretary has not established area median
prices before such date of enactment, the Secretary may rely
on existing commercial data in determining area median prices
and calculating such revised principal obligation limits.
TITLE III--EMERGENCY DESIGNATION
SEC. 301. EMERGENCY DESIGNATION.
For purposes of Senate enforcement, all provisions of this
Act are designated as emergency requirements and necessary to
meet emergency needs pursuant to section 204 of S. Con. Res.
21 (110th Congress), the concurrent resolution on the budget
for fiscal year 2008.
______
SA 4011. Mr. KERRY (for himself and Mr. Smith) submitted an amendment
intended to be proposed by him to the bill H.R. 5140, to provide
economic stimulus through recovery rebates to individuals, incentives
for business investment, and an increase in conforming and FHA loan
limits; as follows:
At the end of title I, insert the following:
[[Page 1589]]
SEC. 104. MODIFICATIONS ON USE OF QUALIFIED MORTGAGE BONDS;
TEMPORARY INCREASED VOLUME CAP FOR CERTAIN
HOUSING BONDS.
(a) Use of Qualified Mortgage Bonds Proceeds for Subprime
Refinancing Loans.--Section 143(k) of the Internal Revenue
Code of 1986 (relating to other definitions and special
rules) is amended by adding at the end the following new
paragraph:
``(12) Special rules for subprime refinancings.--
``(A) In general.--Notwithstanding the requirements of
subsection (i)(1), the proceeds of a qualified mortgage issue
may be used to refinance a mortgage on a residence which was
originally financed by the mortgagor through a qualified
subprime loan.
``(B) Special rules.--In applying this paragraph to any
case in which the proceeds of a qualified mortgage issue are
used for any refinancing described in subparagraph (A)--
``(i) subsection (a)(2)(D)(i) shall be applied by
substituting `12-month period' for `42-month period' each
place it appears,
``(ii) subsection (d) (relating to 3-year requirement)
shall not apply, and
``(iii) subsection (e) (relating to purchase price
requirement) shall be applied by using the market value of
the residence at the time of refinancing in lieu of the
acquisition cost.
``(C) Qualified subprime loan.--The term `qualified
subprime loan' means an adjustable rate single-family
residential mortgage loan originated after December 31, 2001,
and before January 1, 2008, that the bond issuer determines
would be reasonably likely to cause financial hardship to the
borrower if not refinanced.
``(D) Termination.--This paragraph shall not apply to any
bonds issued after December 31, 2010.''.
(b) Increased Volume Cap for Certain Bonds.--
(1) In general.--Subsection (d) of section 146 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Increase and set aside for housing bonds for 2008.--
``(A) Increase for 2008.--In the case of calendar year
2008, the State ceiling for each State shall be increased by
an amount equal to $10,000,000,000 multiplied by a fraction--
``(i) the numerator of which is the population of such
State (as reported in the most recent decennial census), and
``(ii) the denominator of which is the total population of
all States (as reported in the most recent decennial census).
``(B) Set aside.--
``(i) In general.--Any amount of the State ceiling for any
State which is attributable to an increase under this
paragraph shall be allocated solely for one or more qualified
purposes.
``(ii) Qualified purpose.--For purposes of this paragraph,
the term `qualified purpose' means--
``(I) the issuance of exempt facility bonds used solely to
provide qualified residential rental projects, or
``(II) a qualified mortgage issue (determined by
substituting `12-month period' for `42-month period' each
place it appears in section 143(a)(2)(D)(i)).''.
(2) Carryforward of unused limitations.--Subsection (f) of
section 146 of such Code is amended by adding at the end the
following new paragraph:
``(6) Special rules for increased volume cap under
subsection (d)(5).--
``(A) In general.--No amount which is attributable to the
increase under subsection (d)(5) may be used--
``(i) for a carryforward purpose other than a qualified
purpose (as defined in subsection (d)(5)), and
``(ii) to issue any bond after calendar year 2010.
``(B) Ordering rules.--For purposes of subparagraph (A),
any carryforward of an issuing authority's volume cap for
calendar year 2008 shall be treated as attributable to such
increase to the extent of such increase.''.
(c) Alternative Minimum Tax.--
(1) In general.--Clause (ii) of section 57(a)(5)(C) of the
Internal Revenue Code of 1986 is amended by striking ``shall
not include'' and all that follows and inserting ``shall not
include--
``(I) any qualified 501(c)(3) bond (as defined in section
145), or
``(II) any qualified mortgage bond (as defined in section
143(a)) or qualified veterans' mortgage bond (as defined in
section 143(b)) issued after the date of the enactment of
this subclause and before January 1, 2011.''.
(2) Conforming amendment.--The heading for section
57(a)(5)(C)(ii) is amended by striking ``qualified 501(c)(3)
bonds'' and inserting ``certain bonds''.
(d) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
______
SA 4012. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 1200, to amend the Indian Health Care Improvement
Act to revise and extend the Act; which was ordered to lie on the
table; as follows:
On page 298, after line 25, add the following:
``(e) Speedy Notice to Rape and Sexual Assault Victims.--
The Secretary shall withhold from a Service Area carrying out
a program under this section an amount equal to 10 percent of
the amount allocated for the program until the date on which
the Secretary, in consultation with the Attorney General,
determines that, with respect to the Service Area--
``(1)(A) there exists and is enforced a law or regulation
that requires--
``(i) at the request of a victim, the administration to a
defendant, against whom an information or indictment is
presented for a crime in which, by force or threat of force,
the defendant compels the victim to engage in sexual
activity, of a test for the human immunodeficiency virus
(HIV) and such other sexually transmitted diseases as are
requested by the victim not later than 48 hours after the
date on which the information or indictment is presented;
``(ii) a notification of the test results to be provided to
the victim or the parent or guardian of the victim and the
defendant as soon as practicable after the results are
generated; and
``(iii) such follow-up tests for HIV and other sexually
transmitted diseases as are medically appropriate, with the
test results made available in accordance with clause (ii);
or
``(B) a law or regulation described in subparagraph (A)
will be established and enforced in the Service Area by not
later than 1 year after the date of enactment of the Indian
Health Care Improvement Act Amendments of 2008; and
``(2) pursuant to subsection (a), HIV and other sexually
transmitted disease testing, treatment, and counseling is
provided for victims of sexual abuse.
______
SA 4013. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill S. 1200, to amend the Indian Health Care Improvement
Act to revise and extend the Act; which was ordered to lie on the
table; as follows:
At the appropriate place in title VIII of the Indian
Health Care Improvement Act (as amended by section 101),
insert the following:
``SEC. 8 . REQUIREMENT FOR MEDICAL EVIDENCE.
``Notwithstanding any other provision of this Act, no
funding shall be provided pursuant to this Act for any
treatment activity for a health care condition unless the
treatment is supported by medical evidence.
____________________
NOTICE OF HEARING
COMMITTEE ON ENERGY AND NATURAL RESOURCES
Mr. BINGAMAN. Mr. President, I would like to announce for the
information of the Senate and the public that a hearing has been
scheduled before the Senate Committee on Energy and Natural Resources.
The hearing will be held on Thursday, February 28, 2008, at 9:30 a.m.,
in room SD-366 of the Dirksen Senate Office Building.
The purpose of the hearing is to receive testimony on the impact of
increased minimum wages on the economies of American Samoa and the
Commonwealth of the Northern Mariana Islands.
Because of the limited time available for the hearing, witnesses may
testify by invitation only. However, those wishing to submit written
testimony for the hearing record may do so by sending it to the
Committee on Energy and Natural Resources, United States Senate,
Washington, DC 20510-6150.
____________________
AUTHORITY FOR COMMITTEES TO MEET
committee on armed services
Mr. WEBB. Mr. President, I ask unanimous consent that the Committee
on Armed Services be authorized to meet during the session of the
Senate on Thursday, February 7, 2008, at 9:30 a.m., in open session to
receive testimony on the final report of the Commission on the National
Guard and Reserves.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Banking, Housing, and Urban Affairs
Mr. WEBB. Mr. President, I ask unanimous consent that the Committee
on Banking, Housing, and Urban Affairs be authorized to meet during the
session of the Senate on February 7, 2008, at 10 a.m., in order to
conduct a hearing entitled ``Reforming the Regulation of the Government
Sponsored Enterprises.''
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 1590]]
Committee on Commerce, Science, and Transportation
Mr. WEBB. Mr. President, I ask unanimous consent that the Committee
on Commerce, Science, and Transportation be authorized to meet during
the session of the Senate on Thursday, February 7, at 10 a.m., in room
253 of the Russell Senate Office Building, in order to conduct an
executive hearing.
Agenda
Robert A. Sturgell, to be Administrator of the Federal Aviation
Administration (PN 1005); Simon Charles Gros, to be Assistant Secretary
of Transportation for Governmental Affairs, Department of
Transportation (PN 977).
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Energy and Natural Resources
Mr. WEBB, Mr. President, I ask unanimous consent that the Committee
on Energy and Natural Resources be authorized to meet during the
session of the Senate on Thursday, February 7, 2008, at 9:30 am. in
room SD366 of the Dirksen Senate Office Building, for the purpose of
conducting a hearing. At this hearing, the Committee will hear
testimony regarding energy market effects of the recently-passed
renewable fuel standard.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on finance
Mr. WEBB. Mr. President, I ask unanimous consent that the Committee
on Finance be authorized to meet during the session of the Senate on
Thursday, February 7, 2008, at 10 a.m., in room 215 of the Dirksen
Senate Office Building, to hear testimony on ``Selling to Seniors: The
Need for Accountability and Oversight of Marketing and Sales by
Medicare Private Plans.''
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Foreign Relations
Mr. WEBB. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Thursday, February 7, 2008, at 9:30 a.m. in order to hold a
hearing on the Kenyan elections.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Foreign Relations
Mr. WEBB. Mr. President, I ask unanimous consent that the Committee
on Foreign Relations be authorized to meet during the session of the
Senate on Thursday, February 7, 2008, at 2:30 p.m. in order to hold a
nomination hearing.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Indian Affairs
Mr. WEBB. Mr. President, I ask unanimous consent that the Committee
on Indian Affairs be authorized to meet on Thursday, February 7, at
9:30 a.m. in room 628 of the Dirksen Senate Office Building in order to
conduct a hearing on the nomination of Robert G. McSwain to be Director
of the Indian Health Service.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on the judiciary
Mr. WEBB. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary be authorized to meet during the session of
the Senate, in order to conduct a hearing entitled ``The Founding
Fathers' Papers: Ensuring Public Access to our National Treasures'' on
Thursday, February 7, 2008 at 10 a.m. in room SD-226 of the Dirksen
Senate Office Building.
Witness List
David G. McCullough, Presidential Historian and Author, Camden, ME.
Dr. Stanley N. Katz, Chairman, Papers of the Founding Fathers,
Professor, Woodrow Wilson School of Princeton University Princeton, NJ.
Dr. Deanna B. Marcum, Associate Librarian of Library Services,
Library of Congress, Washington, DC.
Rebecca W. Rimel, President and Chief Executive Officer, The Pew
Charitable Trusts, Phiadelphia, PA.
Dr. Allen Weinstein, Archivist of the United States, U.S. National
Archives & Records Administration, Washington, DC.
Dr. Ralph Ketcham, Professor of History Emeritus, Maxwell School of
Syracuse University, Syracuse, NY.
The PRESIDING OFFICER. Without objection, it is so ordered.
Readiness and Management Support Subcommittee
Mr. WEBB. Mr. President, I ask unanimous consent that the Readiness
and Management Support Subcommittee of the Committee on Armed Services
be authorized to meet during the session of the Senate on Thursday,
February 7, 2008, at 2:30 p.m., in open session to receive testimony on
business transformation and financial management at the Department of
Defense.
The PRESIDING OFFICER. Without objection, it is so ordered.
Select Committee on Intelligence
Mr. WEBB. Mr. President, I ask unanimous consent that the Select
Committee on Intelligence be authorized to meet during the session of
the Senate on February 7, 2008, at 2:30 p.m. in order to hold a closed
hearing.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PRIVILEGES OF THE FLOOR
Mr. WEBB. Madam President, I ask unanimous consent that my
legislative fellow, Jaithai Upakurnitikaset, be granted floor
privileges for the remainder of the day.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
EXECUTIVE SESSION
F_____
EXECUTIVE CALENDAR
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to executive session to consider the following nominations:
Executive Calendar Nos. 442 through 451, except 450; and all
nominations on the Secretary's desk in the Air Force, Army, Marine
Corps, and Navy; that the nominations be confirmed en bloc, and the
motions to reconsider be laid upon the table en bloc; that upon
confirmation, the President be immediately notified of the Senate's
action and the Senate resume legislative session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The nominations considered and confirmed en bloc are as follows:
air force
The following named officers for appointment in the United
States Air Force to the grade indicated under title 10,
U.S.C., section 624:
To be brigadier general
Colonel Mark A. Ediger, 0000
Colonel Richard A. Hersack, 0000
Colonel Daniel O. Wyman, 0000
The following named officer for appointment in the United
States Air Force to the grade indicated under title 10,
U.S.C., section 624:
To be major general
Brig. Gen. Cecil R. Richardson, 0000
The following named officer for appointment in the Reserve
of the Air Force to the grade indicated under title 10,
U.S.C., section 12203:
To be brigadier general
Col. Robert G. Kenny
The following named officers for appointment in the Reserve
of the Air Force to the grade indicated under title 10,
U.S.C., section 12203:
To be brigadier general
Col. Daniel P. Gillen, 0000
Col. Michael J. Yaszemski, 0000
The following named officers for appointment in the Reserve
of the Air Force to the grade indicated under title 10,
U.S.C., section 12203:
To be major general
Brigadier General Robert Benjamin Bartlett
Brigadier General Thomas R. Coon, 0000
Brigadier General James F. Jackson, 0000
Brigadier General Brian P. Meenan, 0000
Brigadier General Charles E. Reed, Jr., 0000
Brigadier General James T. Rubeor, 0000
The following named officers for appointment in the Reserve
of the Air Force to the grade indicated under title 10,
U.S.C., section 12203:
To be brigadier general
Colonel Robert S. Arthur, 0000
Colonel Gary M. Batinich, 0000
Colonel Richard S. Haddad, 0000
Colonel Keith D. Kries, 0000
Colonel Muriel R. McCarthy, 0000
[[Page 1591]]
Colonel David S. Post, 0000
Colonel Patricia A. Quisenberry, 0000
Colonel Robert D. Rego, 0000
Colonel Paul L. Sampson, 0000
The following named officer for appointment in the United
States Air Force to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be lieutenant general
Lt. Gen. Douglas M. Fraser, 0000
Navy
The following named officer for appointment as Chief of
Naval Personnel, United States Navy, and appointment to the
grade indicated while assigned to a position of importance
and responsibility under title 10, U.S.C., sections 601 and
5141:
To be vice admiral
Rear Adm. Mark E. Ferguson, III, 0000
Army
The following named officer for appointment in the United
States Army to the grade indicated while assigned to a
position of importance and responsibility under title 10,
U.S.C., section 601:
To be lieutenant general
Maj. Gen. Joseph F. Fil, Jr., 0000
Nominations Placed on the Secretary's Desk
AIR FORCE
PN1207 AIR FORCE nomination of Chevalier P. Cleaves, which
was received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1208 AIR FORCE nomination of Jawn M. Sischo, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1209 AIR FORCE nomination of Joaquin Sariego, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1210 AIR FORCE nominations (4) beginning JOHN A.
CALCATERRA JR., and ending MARIA D. RODRIGUEZRODRIGUEZ, which
nominations were received by the Senate and appeared in the
Congressional Record of January 23, 2008.
PN1211 AIR FORCE nominations (3) beginning JERRY ALAN
ARENDS, and ending BILLY L. LITTLE JR., which nominations
were received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1212 AIR FORCE nominations (5) beginning DONNIE W.
BETHEL, and ending MITCHEL NEUROCK, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1213 AIR FORCE nominations (11) beginning PAUL A. ARSON,
and ending PHILIP A SWEET, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1214 AIR FORCE nominations (14) beginning MARI L. ARCHER,
and ending GILBERT W. WOLFE, which nominations were received
by the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1215 AIR FORCE nominations (4) beginning WILLIAM A.
BEYERS III, and ending ROSS A. ZIEGLER, which nominations
were received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1216 AIR FORCE nominations (6) beginning ROBERT R.
CANNON, and ending LYLE E. VON SEGGERN, which nominations
were received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1217 AIR FORCE nominations (176) beginning VITO EMIL
ADDABBO, and ending JAMES A. ZIETLOW, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1218 AIR FORCE nominations (2) beginning AZAD Y. KEVAL,
and ending TROY L. SULLIVAN III, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1219 AIR FORCE nomination of Lance A. Avery, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1220 AIR FORCE nominations (4) beginning BILLY R. MORGAN,
and ending JOSEPH R. LOWE, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1221 AIR FORCE nomination of Inaam A. Pedalino, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1222 AIR FORCE nominations (62) beginning DEMEA A.
ALDERMAN, and ending PHILIP H. WANG which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1223 AIR FORCE nomination of Theresa D. Clark, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1224 AIR FORCE nominations (113) beginning LEE E. ACKLEY,
and ending CLAYTON D. WILSON III, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1225 AIR FORCE nominations (129) beginning SAID R.
ACOSTA, and ending CYNTHIA F. YAP, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1226 AIR FORCE nominations (2) beginning JASON E.
MACDONALD, and ending DEREK P. MIMS, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
ARMY
PN968 ARMY nominations (16) beginning GERALD K. BEBBER, and
ending PHILLIP F. WRIGHT, which nominations were received by
the Senate and appeared in the Congressional Record of
September 27, 2007.
PN1174 ARMY nominations (2) beginning MANUEL POZOALONSO,
and ending RACHELLE A. RETOMA, which nominations were
received by the Senate and appeared in the Congressional
Record of December 19, 2007.
PN1227 ARMY nomination of Jeffrey P. Short, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1228 ARMY nomination of Saqib Ishteeaque, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1229 ARMY nominations (3) beginning WANDA L. HORTON, and
ending RUTH SLAMEN, which nominations were received by the
Senate and appeared in the Congressional Record of January
23, 2008.
PN1230 ARMY nominations (5) beginning DAVID J. BARILLO, and
ending IAN D. COLE, which nominations were received by the
Senate and appeared in the Congressional Record of January
23, 2008.
PN1231 ARMY nomination of Joseph B. Dore, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1232 ARMY nomination of William J. Hersh, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1233 ARMY nomination of James C. Cummings, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1234 ARMY nomination of Eugene W. Gavin, which was
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1235-1 ARMY nominations (3) beginning BRUCE H. BAHR, and
ending George R. GWALTNEY, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1236 ARMY nominations (7) beginning DAVID A. BRANT, and
ending CORLISS GADSDEN, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1237 ARMY nominations (2) beginning HAROLD A. FELTON, and
ending ARLAND O. HANEY, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1238 ARMY nominations (3) beginning ANNE M. BAUER, and
ending JO A. MCELLIGOTT, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1239 ARMY nominations (4) beginning DEBORAH G. DAVIS, and
ending DEBRA M. SIMPSON, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1240 ARMY nominations (37) beginning RUBEN ALVERO, and
ending HAE S. YUO, which nominations were received by the
Senate and appeared in the Congressional Record of January
23, 2008.
PN1241 ARMY nominations (9) beginning RONALD L. BONHEUR,
and ending DAVID S. WERNER, which nominations were received
by the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1242 ARMY nominations (3) beginning GERARD P. CURRAN, and
ending MARK TRANOVICH, which nominations were received by the
Senate and appeared in the Congressional Record of January
23, 2008.
PN1243 ARMY nominations (2) beginning JEFFREY A. WEISS, and
ending RICHARD E. WOLFERT, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1244 ARMY nominations (3) beginning CHARLES S. OLEARY,
and ending GARY B. TOOLEY, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1245 ARMY nominations (10) beginning PATRICK S. ALLISON,
and ending SHAOFAN K. XU, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1246 ARMY nominations (30) beginning EDWARD B. BROWNING,
and ending BILLIE J. WISDOM JR., which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1247 ARMY nominations (51) beginning SANDRA G. APOSTOLOS,
and ending MARILYN YERGLER, which nominations were received
by the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1263 ARMY nomination of Orlando Salinas, which was
received by the Senate and appeared in the Congressional
Record of January 25, 2008.
PN1264 ARMY nomination of Debra D. Rice, which was received
by the Senate and appeared in the Congressional Record of
January 25, 2008.
PN1265 ARMY nomination of Robert J. Mouw, which was
received by the Senate and appeared in the Congressional
Record of January 25, 2008.
PN1266 ARMY nomination of Rabi L. Singh, which was received
by the Senate and
[[Page 1592]]
appeared in the Congressional Record of January 25, 2008.
MARINE CORPS
PN902 MARINE CORPS nomination of Lester W. Thompson, which
was received by the Senate and appeared in the Congressional
Record of September 6, 2007.
PN1248 MARINE CORPS nominations (2) beginning RUSSELL L.
BERGEMAN, and ending JAMES K. WALKER, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
NAVY
PN1104 NAVY nomination of Thomas J. Harvan, which was
received by the Senate and appeared in the Congressional
Record of December 3, 2007.
PN1105 NAVY nomination of John G. Bruening, which was
received by the Senate and appeared in the Congressional
Record of December 3, 2007.
PN1250 NAVY nomination of John M. Dorey, which was received
by the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1252 NAVY nominations (2) beginning THOMAS P. CARROLL,
and ending GARY V. PASCUA, which nominations were received by
the Senate and appeared in the Congressional Record of
January 23, 2008.
PN1253 NAVY nominations (4) beginning DAVID J. ROBILLARD,
and ending SHERRY W. WANGWHITE, which nominations were
received by the Senate and appeared in the Congressional
Record of January 23, 2008.
PN1267 NAVY nomination of Michael V. Misiewicz, which was
received by the Senate and appeared in the Congressional
Record of January 25, 2008.
PN1268 NAVY nomination of John A. Bowman, which was
received by the Senate and appeared in the Congressional
Record of January 25, 2008.
PN1269 NAVY nomination of John A. Bowman, which was
received by the Senate and appeared in the Congressional
Record of January 25, 2008.
____________________
LEGISLATIVE SESSION
The PRESIDING OFFICER. Under the previous order, the Senate will
return to legislative session.
____________________
ORDERS FOR FRIDAY, FEBRUARY 8, 2008
Mr. DURBIN. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it stand in recess until 9:30 a.m.
tomorrow, February 8; that following the prayer and pledge, the Journal
of proceedings be approved to date, the time for the two leaders be
reserved for their use later in the day, and the Senate then resume
consideration of S. 2248, the Foreign Intelligence Surveillance Act, as
under the previous order.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. DURBIN. Mr. President, today we were able to achieve a milestone
in the Senate session and reach an overall agreement to have all
remaining amendments to FISA debated tomorrow and Monday. There will be
no rollcall votes tomorrow or Monday; however, Senators should be
prepared to vote when the Senate convenes at 10 a.m. on Tuesday.
____________________
RECESS UNTIL 9:30 A.M. TOMORROW
Mr. DURBIN. Mr. President, if there is no further business to come
before the Senate, I ask unanimous consent that the Senate stand in
recess under the previous order.
There being no objection, the Senate, at 6:37 p.m., recessed until
Friday, February 8, 2008, at 9:30 a.m.
____________________
CONFIRMATIONS
Executive nominations confirmed by the Senate Thursday, February 7,
2008:
In the Air Force
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:
To be brigadier general
COLONEL MARK A. EDIGER, 0000
COLONEL RICHARD A. HERSACK, 0000
COLONEL DANIEL O. WYMAN, 0000
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 624:
To be major general
BRIG. GEN. CECIL R. RICHARDSON, 0000
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE RESERVE
OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:
To be brigadier general
COL. ROBERT G. KENNY
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE
OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:
To be brigadier general
COL. DANIEL P. GILLEN, 0000
COL. MICHAEL J. YASZEMSKI, 0000
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE
OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:
To be major general
BRIGADIER GENERAL ROBERT BENJAMIN BARTLETT, 0000
BRIGADIER GENERAL THOMAS R. COON, 0000
BRIGADIER GENERAL JAMES F. JACKSON, 0000
BRIGADIER GENERAL BRIAN P. MEENAN, 0000
BRIGADIER GENERAL CHARLES E. REED, JR., 0000
BRIGADIER GENERAL JAMES T. RUBEOR, 0000
THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE RESERVE
OF THE AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10,
U.S.C., SECTION 12203:
To be brigadier general
COLONEL ROBERT S. ARTHUR, 0000
COLONEL GARY M. BATINICH, 0000
COLONEL RICHARD S. HADDAD, 0000
COLONEL KEITH D. KRIES, 0000
COLONEL MURIEL R. MCCARTHY, 0000
COLONEL DAVID S. POST, 0000
COLONEL PATRICIA A. QUISENBERRY, 0000
COLONEL ROBERT D. REGO, 0000
COLONEL PAUL L. SAMPSON, 0000
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be lieutenant general
LT. GEN. DOUGLAS M. FRASER, 0000
In the Navy
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS CHIEF OF
NAVAL PERSONNEL, UNITED STATES NAVY, AND APPOINTMENT TO THE
GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE
AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND
5141:
To be vice admiral
REAR ADM. MARK E. FERGUSON III, 0000
In the Army
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be lieutenant general
MAJ. GEN. JOSEPH F. FIL, JR., 0000
IN THE AIR FORCE
AIR FORCE NOMINATION OF CHEVALIER P. CLEAVES, 0000, TO BE
COLONEL.
AIR FORCE NOMINATION OF JAWN M. SISCHO, 0000, TO BE
COLONEL.
AIR FORCE NOMINATION OF JOAQUIN SARIEGO, 0000, TO BE
COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH JOHN A. CALCATERRA,
JR. AND ENDING WITH MARIA D. RODRIGUEZRODRIGUEZ, WHICH
NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE
CONGRESSIONAL RECORD ON JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH JERRY ALAN ARENDS AND
ENDING WITH BILLY L. LITTLE, JR., WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH DONNIE W. BETHEL AND
ENDING WITH MITCHEL NEUROCK, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH PAUL A. ABSON AND
ENDING WITH PHILIP A. SWEET, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH MARI L. ARCHER AND
ENDING WITH GILBERT W. WOLFE, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM A. BEYERS III
AND ENDING WITH ROSS A. ZIEGLER, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH ROBERT R. CANNON AND
ENDING WITH LYLE E. VON SEGGERN, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH VITO EMIL ADDABBO AND
ENDING WITH JAMES A. ZIETLOW, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH AZAD Y. KEVAL AND
ENDING WITH TROY L. SULLIVAN III, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
AIR FORCE NOMINATION OF LANCE A. AVERY, 0000, TO BE
LIEUTENANT COLONEL.
AIR FORCE NOMINATIONS BEGINNING WITH BILLY R. MORGAN AND
ENDING WITH JOSEPH R. LOWE, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
AIR FORCE NOMINATION OF INAAM A. PEDALINO, 0000, TO BE
MAJOR.
AIR FORCE NOMINATIONS BEGINNING WITH DEMEA A. ALDERMAN AND
ENDING WITH PHILIP H. WANG, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
AIR FORCE NOMINATION OF THERESA D. CLARK, 0000, TO BE
MAJOR.
AIR FORCE NOMINATIONS BEGINNING WITH LEE E. ACKLEY AND
ENDING WITH CLAYTON D. WILSON III, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH SAID R. ACOSTA AND
ENDING WITH CYNTHIA F. YAP, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
AIR FORCE NOMINATIONS BEGINNING WITH JASON E. MACDONALD AND
ENDING WITH DEREK P. MIMS, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
In the Army
ARMY NOMINATIONS BEGINNING WITH GERALD K. BEBBER AND ENDING
WITH PHILLIP F. WRIGHT, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
SEPTEMBER 27, 2007.
ARMY NOMINATIONS BEGINNING WITH MANUEL POZOALONSO AND
ENDING WITH RACHELLE A. RETOMA, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON DECEMBER 19, 2007.
ARMY NOMINATION OF JEFFREY P. SHORT, 0000, TO BE MAJOR.
ARMY NOMINATION OF SAQIB ISHTEEAQUE, 0000, TO BE MAJOR.
ARMY NOMINATIONS BEGINNING WITH WANDA L. HORTON AND ENDING
WITH RUTH SLAMEN, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY
23, 2008.
[[Page 1593]]
ARMY NOMINATIONS BEGINNING WITH DAVID J. BARILLO AND ENDING
WITH IAN D. COLE, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY
23, 2008.
ARMY NOMINATION OF JOSEPH B. DORE, 0000, TO BE COLONEL.
ARMY NOMINATION OF WILLIAM J. HERSH, 0000, TO BE COLONEL.
ARMY NOMINATION OF JAMES C. CUMMINGS, 0000, TO BE COLONEL.
ARMY NOMINATION OF EUGENE W. GAVIN, 0000, TO BE COLONEL.
ARMY NOMINATIONS BEGINNING WITH BRUCE H. BAHR AND ENDING
WITH GEORGE R. GWALTNEY, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
ARMY NOMINATIONS BEGINNING WITH DAVID A. BRANT AND ENDING
WITH CORLISS GADSDEN, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY
23, 2008.
ARMY NOMINATIONS BEGINNING WITH HAROLD A. FELTON AND ENDING
WITH ARLAND O. HANEY, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY
23, 2008.
ARMY NOMINATIONS BEGINNING WITH ANNE M. BAUER AND ENDING
WITH JO A. MCELLIGOTT, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY
23, 2008.
ARMY NOMINATIONS BEGINNING WITH DEBORAH G. DAVIS AND ENDING
WITH DEBRA M. SIMPSON, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY
23, 2008.
ARMY NOMINATIONS BEGINNING WITH RUBEN ALVERO AND ENDING
WITH HAE S.YUO, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE
AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2008.
ARMY NOMINATIONS BEGINNING WITH RONALD L. BONHEUR AND
ENDING WITH DAVID S. WERNER, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
ARMY NOMINATIONS BEGINNING WITH GERARD P. CURRAN AND ENDING
WITH MARK TRANOVICH, WHICH NOMINATIONS WERE RECEIVED BY THE
SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY
23, 2008.
ARMY NOMINATIONS BEGINNING WITH JEFFREY A. WEISS AND ENDING
WITH RICHARD E. WOLFERT, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
ARMY NOMINATIONS BEGINNING WITH CHARLES S. OLEARY AND
ENDING WITH GARY B. TOOLEY, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
ARMY NOMINATIONS BEGINNING WITH PATRICK S. ALLISON AND
ENDING WITH SHAOFAN K. XU, WHICH NOMINATIONS WERE RECEIVED BY
THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
ARMY NOMINATIONS BEGINNING WITH EDWARD B. BROWNING AND
ENDING WITH BILLIE J. WISDOM, JR., WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
ARMY NOMINATIONS BEGINNING WITH SANDRA G. APOSTOLOS AND
ENDING WITH MARILYN YERGLER, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
ARMY NOMINATION OF ORLANDO SALINAS, 0000, TO BE COLONEL.
ARMY NOMINATION OF DEBRA D. RICE, 0000, TO BE COLONEL.
ARMY NOMINATION OF ROBERT J. MOUW, 0000, TO BE COLONEL.
ARMY NOMINATION OF RABI L. SINGH, 0000, TO BE MAJOR.
IN THE MARINE CORPS
MARINE CORPS NOMINATION OF LESTER W. THOMPSON, 0000, TO BE
MAJOR.
MARINE CORPS NOMINATIONS BEGINNING WITH RUSSELL L. BERGEMAN
AND ENDING WITH JAMES K. WALKER, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
IN THE NAVY
NAVY NOMINATION OF THOMAS J. HARVAN, 0000, TO BE CAPTAIN.
NAVY NOMINATION OF JOHN G. BRUENING, 0000, TO BE CAPTAIN.
NAVY NOMINATION OF JOHN M. DOREY, 0000, TO BE CAPTAIN.
NAVY NOMINATIONS BEGINNING WITH THOMAS P. CARROLL AND
ENDING WITH GARY V. PASCUA, WHICH NOMINATIONS WERE RECEIVED
BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON
JANUARY 23, 2008.
NAVY NOMINATIONS BEGINNING WITH DAVID J. ROBILLARD AND
ENDING WITH SHERRY W. WANGWHITE, WHICH NOMINATIONS WERE
RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL
RECORD ON JANUARY 23, 2008.
NAVY NOMINATION OF MICHAEL V. MISIEWICZ, 0000, TO BE
COMMANDER.
NAVY NOMINATION OF JOHN A. BOWMAN, 0000, TO BE LIEUTENANT
COMMANDER.
Navy nomination of John A. Bowman, 0000, to be Lieutenant
Commander.
____________________
WITHDRAWAL
Executive Message transmitted by the President to the Senate on
February 7, 2008 withdrawing from further Senate consideration the
following nomination:
PAUL DECAMP, OF VIRGINIA, TO BE ADMINISTRATOR OF THE WAGE
AND HOUR DIVISION, DEPARTMENT OF LABOR, VICE TAMMY DEE
MCCUTCHEN, RESIGNED, WHICH WAS SENT TO THE SENATE ON JANUARY
9, 2007.
[[Page 1594]]
HOUSE OF REPRESENTATIVES--Thursday, February 7, 2008
The House met at 10 a.m.
Pastor Wes Davis, Riverton Friends Church, Riverton, Kansas, offered
the following prayer:
Father God, maker of heaven and Earth, You are Lord of all things
created and sovereign over this great Nation. We humbly bow before You
this day to thank You for Your mercies being new every morning.
It is because of Your great mercy that we would again ask for Your
blessing and Your favor over these women and men who gather here as
representatives of our Congress. Please extend to them Your mercy and
Your grace and remind them that You love them.
Your scriptures tell us, ``As iron sharpens iron, so one person
sharpens another.'' May these, Your people, sharpen one another today
as their ideologies clash together, as one philosophy grates against
another philosophy different than their own. Help them to see this
diversity, not as tearing, for these are not people of sheer fabric.
For they have been forged stronger by the rigors of politics and public
scrutiny. But help them see this clashing and grating as an opportunity
to sharpen thought, to cut through rhetoric and to pierce conscience
for the benefit of humanity.
May their actions and decisions of today not become future apologies,
but may they be a statement of this Congress' character, their firm
resolve, and a hope for a better America.
Amen.
____________________
THE JOURNAL
The SPEAKER. The Chair has examined the Journal of the last day's
proceedings and announces to the House her approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER. Will the gentleman from New Jersey (Mr. Sires) come
forward and lead the House in the Pledge of Allegiance.
Mr. SIRES led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate had passed without amendment a bill of the House of the
following title:
H.R. 3541. An Act to amend the Do-not-call Implementation
Act to eliminate the automatic removal of telephone numbers
registered on the Federal ``do-not-call'' registry.
____________________
WELCOMING PASTOR WES DAVIS
The SPEAKER. Without objection, the gentlewoman from Kansas (Mrs.
Boyda) is recognized for 1 minute.
There was no objection.
Mrs. BOYDA of Kansas. Madam Speaker, Rev. Wes Davis left the beaches
of California in the early 1990s to pastor a small church in Kansas in
the town of Riverton. He helped to construct the building that is the
Riverton Friends Church in Cherokee County, and he helped to grow the
congregation from about 100 to nearly 400 people. He did this while
sharing his knowledge and faith from around the world, from Haiti to
Liberia to Hungary.
In addition to being a pastor, family man, and missionary, Pastor
Davis is the executive director of STOA Ministries. STOA in Greek means
``porch.'' In Solomon's day, people gathered on area porches to discuss
theology and their faith. Wes Davis is a man of faith who has made the
world his porch, always striving to help others learn God's grace.
Pastor Wes Davis, thank you for expanding your porch to the Halls of
Congress today.
____________________
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. The Chair will entertain up to 15 1-minute speeches on
each side.
____________________
LOOMING INFRASTRUCTURE CRISIS
(Mr. BLUMENAUER asked and was given permission to address the House
for 1 minute and to revise and extend his remarks.)
Mr. BLUMENAUER. Madam Speaker, for the first time in American
history, the highway trust fund is running a deficit this year. What is
the solution from this administration? Well, instead of having a
comprehensive approach to dealing with the shortfall, they just want to
steal some money from the mass transit administration account and walk
away. This will only delay the problem for 1 year, and it will push
mass transit into deficit the next year, instead of a practical
solution to fix the looming transportation trust fund crisis.
This is consistent with their consistent underinvestment in our
Nation's infrastructure. It is why the American Society of Civil
Engineers has rated our infrastructure a D minus, and estimates it will
cost us $1.6 trillion over the next 5 years to repair water, sewer, and
transportation infrastructure, a crisis not just for the Federal
Government but even worse for State and local governments.
A hundred years ago, Teddy Roosevelt had a vision for a national
conference to develop a plan to deal with the Nation's infrastructure.
It is time for this Congress to revisit that concept, maybe have a
transportation vision for this century.
____________________
HONORING THOMAS JEFFERSON HIGH SCHOOL
(Mr. TIM MURPHY of Pennsylvania asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. TIM MURPHY of Pennsylvania. Mr. Speaker, on Friday, December 14,
2007, the varsity football team from Thomas Jefferson High School in
Jefferson Hills, Pennsylvania, won the Class AAA State football
championship in Hershey, clinching the Jaguars' second title in 4
years. With a final score of 28-3, the Jaguars finished a perfect
season. Zach Decicco, Thomas Jefferson's quarterback, threw for 137
yards and two scores, ran for 11 yards and a score, and picked off a
pass on defense.
Coach Bill Cherpak became just the third head coach in western
Pennsylvania history to achieve a perfect win record in more than one
appearance at the State championship game in Hershey.
Thomas Jefferson High School and the West Jefferson Hills School
District also excel in academics, ranking in the top 20 of
Pennsylvania's 501 school districts.
Congratulations to coach Bill Cherpak and the Thomas Jefferson High
School Jaguars for being champions on the field and champions in the
classroom.
____________________
BUSH BUDGET HAS MISPLACED PRIORITIES
(Mr. McNERNEY asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. McNERNEY. Mr. Speaker, our national budget should invest in our
[[Page 1595]]
future. Unfortunately, the President's final budget is more of the
same, missed opportunities and misplaced opportunities.
The President's budget is fiscally reckless, adding $1.6 trillion in
deficit over the next 5 years instead of becoming balanced over that
same period. But you won't hear that from the President. He claims that
the budget is balanced by 2012, but that is only because he leaves out
enormous costs, including the 5-year cost of fixing the alternative
minimum tax and the full cost of the Iraq war.
When realistic costs are included, the budget runs into significant
deficits over each of the next 5 years. This, unfortunately, is more of
the same. The President took a 10-year surplus of $5.6 trillion that he
inherited and turned it into a $3.6 trillion deficit. This budget
continues down the same path by borrowing from our children and
grandchildren.
Mr. Speaker, Democrats can simply not afford this fiscal
recklessness. In the coming months, we will present a fiscally
responsible budget that meets our pay-as-you-go requirements.
____________________
MEXICO THROWS ROCKS AND CRIES TEARS
(Mr. POE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. POE. Mr. Speaker, the border war with Mexico continues. On the
Mexican side of the border, Mexican nationals hide on rocky hills and
throw rocks at American border agents. These assaults have continued to
increase and escalate to the point that the Border Patrol recently
acted in self-defense and fired tear gas at the unruly mobs.
You see, these are the same Mexican nationals that later will
illegally sneak into America when the Border Patrol isn't watching.
After the most recent tear gas episode, the Mexican Government sent a
self-righteous statement to the United States that said, even though
``these incidents are a response to hostile acts against Border Patrol
agents by Mexican citizens, the actions by U.S. authorities are
unacceptable.''
The Mexican Government seems to arrogantly support its rock-throwing
nationals but doesn't want Americans to defend themselves.
Mexico needs to get its lawless house in order and control the
disorderly mobs that lurk on the border. The United States should use
every tool available to protect our borders from invaders, rock
throwers, and drug smugglers. And if Mexico cries tears about it, too
bad.
And that's just the way it is.
____________________
MISSED OPPORTUNITIES IN BUSH BUDGET
(Mr. BRALEY of Iowa asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. BRALEY of Iowa. Mr. Speaker, this week the President unveiled his
final budget proposal, and like previous budgets, it fails to properly
address the needs and concerns that are central to the everyday lives
of our constituents.
Perhaps most troubling is the fact that the Bush budget continues the
President's legacy of fiscal irresponsibility and leaves behind a $407
billion deficit. The five largest deficits in American history have all
occurred on the President's watch. When President Bush took office, the
debt stood at $5.7 trillion, and it is projected to stand at $9.7
trillion by the time President Bush leaves office. This fiscal record
ties the hands of the next generation, which faces growing obligations
with increasingly limited resources.
The Bush budget also hurts Americans struggling to make ends meet by
cutting Medicare and Medicaid, and the low income home energy
assistance program. This budget also hurts our long-term efforts to
prepare Americans for better jobs in the global marketplace by slashing
important education and literacy programs.
Mr. Speaker, the American people do not want more of the same. This
Democratic Congress will propose a budget alternative that takes
America in a new direction.
____________________
HONORING DR. JOSEPH PATTON
(Mr. BARRETT of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. BARRETT of South Carolina. Mr. Speaker, today I want to honor an
individual who has a rich background in managing health care services
and agencies within the State of South Carolina.
His experience and education in health care has placed him throughout
locations in the South, affiliating him with dozens of communities and
civic organizations.
As February recognizes Black History Month, I honor Dr. Joseph
Patton, who has continuously reached out to provide knowledge, support,
and service to benefit those in the community.
A native of Spartanburg, South Carolina, Dr. Patton is an ordained
elder in the Presbyterian Church and holds an honorary doctorate degree
for his services to the church and community.
Along with his service to his region, Dr. Patton has served overseas,
is a veteran of the United States Army, and is currently a member of
the American Legion and the Veterans of Foreign Wars.
During Black History Month, I give recognition to Dr. Patton for
serving as an educated leader of health, for being well known as a
caring husband, father, grandfather, and mentor to those in the
community.
____________________
DEMOCRATS WORK TO STIMULATE ECONOMY
(Mr. SIRES asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. SIRES. Mr. Speaker, when Democrats took control of Congress last
year, we vowed to work on behalf of all Americans. Last year, we
recognized that middle-class families were struggling to make ends
meet, and so we worked hard to ease that economic crunch. We passed
billions of dollars in tax relief to middle-income families. We
increased the minimum wage for the first time in a decade, and we
enacted an energy bill that will save the average family anywhere
between $700 and $1,000 a year in energy costs, and help families
better afford college.
This is a good start, but as economic indicators continue to head in
the wrong direction, we worked with the White House and House
Republicans on an economic stimulus package that will provide a real
and significant short-term boost to this economy.
The House bipartisan economic stimulus plan is the most progressive
package this decade. It will help jump-start our economy, and will
provide real assistance to lower and middle-income families. I hope our
friends in the Senate will act on this legislation this week.
____________________
{time} 1015
SUPPORT OUR TROOPS
(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. WILSON of South Carolina. Mr. Speaker, the City of Berkeley,
California, recently disgraced itself by referring to brave marines
with slander when the city council voted to tell the Marine Corps to
close its recruiting station. As a veteran, as the son-in-law of a
veteran, and as the father of four sons in the military, I know
firsthand of the education and opportunities provided by military
service while promoting freedom.
In response to Berkeley, Congressman John Campbell has introduced
legislation that would remove $2 million in secret earmarks for the
City of Berkeley and instead send the money to the Marines. While I
believe wholeheartedly in free speech, we owe respect to the very
people who are sacrificing so much to defend our freedoms. I invite the
Berkeley City Council to visit Beaufort, South Carolina, home of Parris
Island, the naval hospital, and
[[Page 1596]]
the Marine Corps Air Station to see how our patriotic community
supports the brave men and women who serve as proud marines.
In conclusion, God bless our troops and the United States Marine
Corps, and we will never forget September the 11th.
____________________
BUSH BUDGET IS MORE OF THE SAME MISSED OPPORTUNITIES AND MISPLACED
PRIORITIES
(Mr. WALZ of Minnesota asked and was given permission to address the
House for 1 minute.)
Mr. WALZ of Minnesota. Mr. Speaker, we are here to talk today about
the recent unveiling of the President's budget. I think we should give
the President credit. At least he's consistent. Like all of his
previous budgets, this one does several things. It leaves most
Americans behind and puts this Nation further in debt.
At a time of a slowing economy and Americans increasingly struggling
to make ends meet, the President focuses on $1 trillion in tax breaks
to the top 1 percent of Americans. While the wealthiest few continue to
prosper under the President, the President cuts vital energy,
education, and health care investments. At a time of rising energy
costs, the President slashes low-income energy assistance programs. At
a time of college costs skyrocketing, the budget eliminates nearly $1
billion in grant programs. At a time of rising health care costs, the
President proposes devastating Medicare and Medicaid cuts that would
reduce affordable access to health care for our seniors.
The one good thing that people know is the winds of change have been
blowing. This Democratic Congress will restore these and put the
priorities of American people first.
____________________
BUSH BUDGET AND HEALTH CARE MISSED OPPORTUNITIES AND MISPLACED
PRIORITIES
(Mr. ELLISON asked and was given permission to address the House for
1 minute.)
Mr. ELLISON. Mr. Speaker, at a time when more and more Americans are
struggling to obtain affordable health care, the President's budget
drastically slashes health care for seniors and low-income working
Americans.
Today, 36 million seniors get health care coverage through Medicare.
The President's budget takes a swipe at their pocketbooks by proposing
to save nearly $6 billion by increasing the monthly premiums that
seniors pay.
If the President was concerned about seniors, he would instead go
after the vast overpayments made by Medicare to private managed care
plans. Instead, he has raised premiums on our seniors and focused his
cuts on our Nation's hospitals, skilled nursing facilities, and other
health care providers. The President also cuts Medicaid by $33 billion
over the next 5 years.
Today, Medicaid serves 55 million low-income and disabled Americans.
Such cuts force cash-strapped States to either reduce benefits or cut
provider payments.
Mr. Speaker, as our economy continues to face uncertain times, this
is the worst time for the President to promote drastic cuts in Medicare
and Medicaid.
Rest assured, the Democrats would not allow these cuts to become law.
These provisions are as good as dead as they come to Capitol Hill.
____________________
DEMOCRATS HAVE WORKED IN BIPARTISAN FASHION ON STIMULUS PACKAGE
(Mr. KLEIN of Florida asked and was given permission to address the
House for 1 minute.)
Mr. KLEIN of Florida. Mr. Speaker, our economy is in trouble, and
millions of hardworking American families are feeling the impact as we
speak. Since 2001, the real income of a typical working family has
fallen by $2,500, and workers' wages have failed to keep up with the
inflation for the fourth time in the past 5 years.
In December, the unemployment rate shot up to a 2-year high of 5
percent with over 900,000 more Americans looking for work over the same
period last year. Stagnant wages are not only forcing families to
squeeze more out of every dollar, but are also taking a toll on our
overall economy. Retailers suffered their worst December shopping
season in 5 years, and consumer confidence fell this month to its
lowest point on record.
Last week, the House approved a bipartisan economic package that will
provide urgent relief to 117 million Americans. This is a fair economic
package that gets money to the workers, the people who need it the
most; and they are most likely to spend it on necessities like
groceries and gas.
Economists estimate that each dollar of the rebate will lead to $1.26
in economic growth. Mr. Speaker, economists also say we have to act
fast. That's exactly what this House did, and I hope the Senate joins
us.
____________________
DEMOCRATS WANT TO CONTINUE MOVING NATION IN A NEW DIRECTION
(Ms. JACKSON-LEE of Texas asked and was given permission to address
the House for 1 minute and to revise and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Speaker, today the House will address
one of the most important issues in America's future, that is, the
opportunity to give young people a chance for a higher education. H.R.
4137, the College Opportunity and Affordability Act, does just that. It
is interesting, however, that the President's budget unfortunately does
not recognize that opportunity, and it is in the business of cutting
those opportunities for our young people.
The supplemental education opportunity grants for needy
undergraduates is now being cut. So I hope that on the floor today we
will make a statement to support our schools.
I represent Texas Southern University, a school that has been under
seige by its Republican State government. A school that is historically
black received moneys from the past administration and the
desegregation settlements. But yet even today, it is not receiving the
funding that it should receive from the State of Texas.
I will be introducing legislation that will ensure that historically
black colleges, Hispanic-serving colleges cannot be undermined by State
government funding when they come under the supervision of the
Department of Education. Our bill is a good bill. It's a step forward.
Mr. President, I hope that you will recognize that we cannot cut the
opportunities of young people.
____________________
THE CASE FOR BIPARTISANSHIP
(Mr. YARMUTH asked and was given permission to address the House for
1 minute.)
Mr. YARMUTH. Mr. Speaker, last week this House came together in a
bipartisan fashion to address the economic uncertainty that many of our
citizens are facing. President Bush worked with both Democratic and
Republican leaders of the House to develop an economic stimulus package
that is timely, targeted, and temporary. That plan, which was passed
here in the House last week, will help jump-start our economy by
putting tax rebates in the hands of 117 million hardworking middle- and
lower-income workers.
We should be proud of the bipartisanship that made this compromise
package possible. I would hope that we could bring that same
bipartisanship to bear on the continuing war in Iraq.
Last month, the Iraqi defense minister said that his country will not
be able to take full control of its security until 2012 and will not be
able to defend its borders from outside threats until at least 2018.
Democrats do not believe that American troops should be on the ground
in Iraq for another decade and neither do the American people. The
status quo cannot continue.
I would hope that we could continue to work together to bring this
war to an end.
____________________
URBAN VIOLENCE
(Mr. RUSH asked and was given permission to address the House for 1
[[Page 1597]]
minute and to revise and extend his remarks.)
Mr. RUSH. Mr. Speaker, I come to the floor today to speak about an
issue that is very close to my heart personally as a father and
American and as a Member of Congress. There is a plague across this
Nation that has taken the lives of hundreds of thousands of American
citizens, and it is disturbing and upsetting that there is no public
outcry over the destruction that it leaves in its path. The plague is
urban violence.
Mr. Speaker, over the Christmas break I was shocked by a piece of
news that I saw on ``Nightline'' which detailed how medics who are sent
to Iraq are honing their skills by working in urban hospitals attending
to gunshot victims.
The documentary went on to say that over 75 African American and
Latino males are killed in our inner cities on a daily basis. Over 75
Latinos and American males are killed on a daily basis in American
streets, a number that dwarfs the number of fatalities, Iraqi and
American, that are suffered in the war zone.
Mr. Speaker, we must break this silence and stop this violence. It is
time to stop the killing, stop the violence.
____________________
EXPANDING PROSPERITY BY PASSING THE COLLEGE OPPORTUNITY AND
AFFORDABILITY ACT
(Mr. PALLONE asked and was given permission to address the House for
1 minute.)
Mr. PALLONE. Mr. Speaker, one of the best ways to expand prosperity
for more Americans is to make college more affordable. Today, an
education at a private university is close to $50,000 a year, and
things aren't much better at public universities where prices have shot
up 40 percent above inflation in the last 7 years alone.
This Democratic Congress has worked to eliminate some of the sticker
shock. Last year we passed the College Cost Reduction Act of 2007,
which was the single largest increase in college aid since the GI Bill.
But we are not done.
Today we will vote on the College Opportunity and Affordability Act,
which will make college more affordable and accessible. The bill
encourages colleges to rein in price increases and to provides
consumers with helpful information so they can make the best decisions
on which school to choose.
The legislation also simplifies the Federal student aid application
process, expands college access and support for low-income and minority
students, and increases aid for our veterans and military families.
Mr. Speaker, let's continue to strengthen our Nation's future by
passing the College Opportunity and Affordability Act today.
____________________
PROVIDING FOR CONSIDERATION OF H.R. 4137, COLLEGE OPPORTUNITY AND
AFFORDABILITY ACT OF 2007
Ms. SUTTON. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 956 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 956
Resolved, That at any time after the adoption of this
resolution the Speaker may, pursuant to clause 2(b) of rule
XVIII, declare the House resolved into the Committee of the
Whole House on the State of the Union for consideration of
the bill (H.R. 4137) to amend and extend the Higher Education
Act of 1965, and for other purposes. The first reading of the
bill shall be dispensed with. All points of order against
consideration of the bill are waived except those arising
under clause 9 or 10 of rule XXI. General debate shall be
confined to the bill and shall not exceed one hour equally
divided and controlled by the chairman and ranking minority
member of the Committee on Education and Labor. After general
debate the bill shall be considered for amendment under the
five-minute rule.
Sec. 2. (a) It shall be in order to consider as an original
bill for the purpose of amendment under the five-minute rule
the amendment in the nature of a substitute recommended by
the Committee on Education and Labor now printed in the bill.
The committee amendment in the nature of a substitute shall
be considered as read. All points of order against the
committee amendment in the nature of a substitute are waived
except those arising under clause 10 of rule XXI.
(b) Notwithstanding clause 11 of rule XVIII, no amendment
to the committee amendment in the nature of a substitute
shall be in order except those printed in the report of the
Committee on Rules accompanying this resolution and
amendments en bloc described in section 3 of this resolution.
(c) Each amendment printed in the report of the Committee
on Rules shall be considered only in the order printed in the
report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for
the time specified in the 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.
(d) All points of order against amendments printed in the
report of the Committee on Rules or amendments en bloc
described in section 3 of this resolution are waived except
those arising under clause 9 or 10 of rule XXI.
Sec. 3. It shall be in order at any time for the chairman
of the Committee on Education and Labor or his designee to
offer amendments en bloc consisting of amendments printed in
the report of the Committee on Rules not earlier disposed of.
Amendments en bloc offered pursuant to this section shall be
considered as read, shall be debatable for 10 minutes equally
divided and controlled by the chairman and ranking minority
member of the Committee on Education and Labor or their
designees, 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 original
proponent of an amendment included in such amendments en bloc
may insert a statement in the Congressional Record
immediately before the disposition of the amendments en bloc.
Sec. 4. At the conclusion of consideration of the bill for
amendment the Committee shall rise and report the bill to the
House with such amendments as may have been adopted. Any
Member may demand a separate vote in the House on any
amendment adopted in the Committee of the Whole to the bill
or to the committee amendment in the nature of a substitute.
The previous question shall be considered as ordered on the
bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions.
Sec. 5. During consideration in the House of H.R. 4137
pursuant to this resolution, notwithstanding the operation of
the previous question, the Chair may postpone further
consideration of the bill to such time as may be designated
by the Speaker.
Sec. 6. House Resolution 941 is laid upon the table.
{time} 1030
The SPEAKER pro tempore (Mr. Holden). The gentlewoman from Ohio is
recognized for 1 hour.
Ms. SUTTON. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Washington (Mr. Hastings).
All time yielded during consideration of the rule is for debate only.
General Leave
Ms. SUTTON. Mr. Speaker, I ask unanimous consent that all Members be
given 5 legislative days in which to revise and extend their remarks on
House Resolution 956.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Ohio?
There was no objection.
Ms. SUTTON. Mr. Speaker, I yield myself such time as I may consume.
House Resolution 956 provides for consideration of H.R. 4137, the
College Opportunity and Affordability Act of 2007, under a structured
rule. The rule provides 1 hour of general debate controlled by the
Committee on Education and Labor.
The rule makes in order the Education and Labor Committee reported
substitute as an original bill for the purpose of amendment.
The rule makes in order the 27 amendments listed in the Rules
Committee report, each of which is debatable for 10 minutes, except the
Miller manager's amendment, which is debatable for 20 minutes.
Mr. Speaker, last year Congress passed the College Cost Reduction Act
to increase college financial aid by $18 billion, the single largest
increase in aid in over 60 years. That legislation significantly
increased the maximum amount that Pell Grant recipients can receive at
no new cost to taxpayers and was a strong start to this Congress'
efforts to make higher education a reality for America's students. But
that, Mr. Speaker, was just the beginning.
[[Page 1598]]
I'm proud to rise today in strong support of H.R. 4137, the College
Opportunity and Affordability Act. This will continue our efforts to
make college more affordable and more accessible for America's
students, while making investments in critical areas to strengthen our
workforce.
Our Nation is blessed to have the finest system of higher education
in the world. There is a breadth of opportunities available to our
graduating high school seniors: Vocational and technical school, 2- and
4-year colleges, and graduate and professional schools.
Mr. Speaker, the challenge we face today is to ensure that our
institutions of higher education are accessible to all, and the
legislation we are passing today will make it easier for low-income and
middle-class families to achieve the benefits of higher education as
they climb up the ladder of success.
Investing in our students not only improves their future, but it
helps our economy and strengthens our competitive edge in the global
marketplace. This bill continues this Congress' efforts to strengthen
America's workforce by creating programs to improve teacher training
and bolster student interests in science, math, and technology.
We must also recognize and applaud our nontraditional students, those
members of our workforce who are seizing the opportunity to continue
their education while holding down full-time jobs and sometimes raising
families. These students are often attending school less than half
time, and thus, they sometimes benefit very little from traditional
student aid. That's why I support my colleague Congressman Baird's
amendment, which I hope will be incorporated into this bill, to require
the Secretary of Education to study and recommend how best to design a
loan program targeted at less than half-time students.
One of the keys to expanding access to our institutions of higher
learning is to bring down the exorbitant cost of attending college.
Tuition hikes in recent years have been stunning, amounting to a 31
percent increase at a 4-year public college in the last 5 years alone.
This bill enhances transparency in college tuition by requiring
colleges to report their reasons for tuition hikes and the plans they
have for lowering costs. It also requires the Secretary of Education to
publish a higher education price index, providing students with the
opportunity to compare institutions by State, sector, and change in
tuition and fees from one year to the next. This will allow students to
make wiser decisions in choosing institutions that are a good fit for
them and the dreams to which they aspire.
A more immediate way to make the possibility of attaining a college
degree a reality is to increase the aid available to our students, and
I'm proud that this bill does that, doubling the maximum Pell Grant
amount to $9,000.
Beyond the sticker price of tuition, any student will tell you that
the cost of textbooks is also a challenging cost they incur. The
average student spends about $1,000 per year on textbooks, which is
nearly 20 percent of tuition and fees at a 4-year public institution.
Such high costs for textbooks can be the deciding factor which dashes
or delays the dream of obtaining a college degree and a better life for
many.
This legislation requires publishers to provide specific information
about pricing so that faculty has full information when making
purchasing decisions so students can help plan for expenses.
And in addition, Mr. Speaker, I'm proud to support an amendment
offered by my colleague from Ohio, Congressman Tim Ryan, along with
Representative Jason Altmire, which will create a pilot grant program
to assist colleges in setting up textbook rental programs. These
programs already exist in 25 schools, and a pilot test at Bowling Green
State University in Ohio last spring saved 151 students $11,000.
We must also continue to strive to reduce the achievement gap in
higher education between low-income and minority students and their
peers. We can do this by ensuring that all students are prepared for
the rigorous demands of higher learning. This bill strengthens the
proven TRIO and GEAR UP college readiness and support programs for low-
income and first generation students. I have seen firsthand, Mr.
Speaker, the great things that these programs can do in Elyria in my
district, which is a GEAR UP site, and the University of Akron, which
has received TRIO funding. I look forward to the expansion of these
proven programs so that more students in Ohio and around the country
may benefit.
This legislation also addresses the disappointment we saw last year
as the student loan scandal unfolded. Those financial aid directors
that received kickbacks and payoffs and luxury gifts from private
lenders exhibited a spectacular abuse of power and betrayal of the
students they serve. This legislation cracks down on that abuse and
restores accountability by requiring institutions and lenders to adopt
strict codes of conduct and protect students from aggressive marketing
by lenders. Institutions will also be required to provide students with
information about Federal and private borrowing options.
This bill will also encourage and make it financially feasible for
students to become public servants by authorizing up to $10,000 in loan
forgiveness for military servicemembers, firefighters, law enforcement
officers, first responders, nurses, educators, prosecutors, and public
defenders.
This bill also continues the work this Congress has undertaken to
support our troops by creating new scholarship and support programs for
active duty military personnel, their family members, and veterans. It
also establishes support centers to help veterans succeed in college
and ensures fairness in student aid and housing aid for veterans to
make it easier for them to go to college while also fulfilling their
military service duties.
I'm also proud to support an amendment being offered by my colleague
Congresswoman Susan Davis that is based on legislation of which I'm a
cosponsor. Her amendment will prevent interest from accruing for active
duty servicemembers and qualifying National Guard members for the
duration of their activation up to 60 months when serving in a combat
zone.
Mr. Speaker, the dream of a college education is moving further and
further out of reach for middle- and low-income families. We need to
put this prospect of a college education and a brighter future back in
reach. Passing H.R. 4137 and building on the work we started last year
is an important and priceless investment in the future of our children,
our communities, and our country.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I want to thank the
gentlelady from Ohio (Ms. Sutton) for yielding me the customary 30
minutes, and I yield myself as much time as I may consume.
Mr. Speaker, I believe that we must do all that 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 the inevitable
question of how to pay for a college education. I believe a balanced
approach is needed, one that increases transparency of higher education
costs and targets aid to the neediest students while simplifying the
financial aid process and addressing the growing number of burdensome
reporting requirements colleges and universities face.
I share the goal of increasing access to higher education, but I have
a number of concerns with the College Opportunity and Affordability
Act, and I believe improvements to the bill are needed. Mr. Speaker,
apparently Members on both sides of the aisle also share this view
because over 60 amendments were submitted to the Rules Committee before
the deadline.
The last time that this House considered a comprehensive higher
education reauthorization bill was in 1998. At that time, the Rules
Committee reported a modified open rule, and as a
[[Page 1599]]
result, all Members of the House had an opportunity to preprint their
amendments in the Congressional Record and offer them on the floor.
Mr. Speaker, I am disappointed that this time the Democrat-controlled
Rules Committee chose a closed process to consider a long overdue
reauthorization of the Higher Education Act. Unfortunately, by
reporting out a closed rule, Democrats on the Rules Committee once
again chose to deny over 400 Members of Congress the opportunity to
offer amendments to improve the bill. Furthermore, this rule makes in
order five times as many Democrat amendments as Republican amendments.
Reauthorizing the Higher Education Act is important, but by adopting
this closed rule, an opportunity will be missed to make the underlying
bill even better. Therefore, Mr. Speaker, I urge my colleagues to vote
against this closed rule.
Mr. Speaker, I reserve the balance of my time.
Ms. SUTTON. Mr. Speaker, I yield 3 minutes to the distinguished
gentlewoman from Florida (Ms. Castor), a member of the Rules Committee.
Ms. CASTOR. Mr. Speaker, I thank my colleague from Ohio.
Mr. Speaker, I rise today to support the College Opportunity and
Affordability Act of 2007 and this rule because we are committed to
making the cost of attending college more affordable and accessible.
This is great news for hardworking, middle-class families and students
across America and students in my hometown, which is a college town
with thousands and thousands of students enrolled in the community
college and at the University of South Florida.
There's great debate in Washington today over the economy and how we
are going to provide relief to middle-class families. One of the
answers is to address the soaring costs of attending college and keep
the doors to a higher education open by making college affordable
through grants and low-rate loans.
A college diploma is a critical step toward a higher paying job and
success in life, and one of the best investments we can make for the
future of our great Nation is to ensure that the doors to our colleges
and universities remain wide open.
In my home State of Florida, unfortunately, we're undergoing a budget
crisis, and the funding for higher education unfortunately has been
targeted for millions and millions of dollars of cuts. This has
resulted in the university and community college doors being kept shut
for many students.
One student in my hometown in Tampa from Jefferson High School, Gabby
Rodriguez, has a 4.3 grade point average, but because of the budget
cuts in the State of Florida and the lack of student financial
assistance, she may have to go to college out of State or put her
college dreams on hold entirely.
So the passage of this crucial bill could not come at a better time.
With passage of this bill, we will increase need-based aid and make the
Federal Pell Grants more available to students.
{time} 1045
You know, last year the Congress battled the Bush administration over
the ability of first-generation students to attend college and work
through the Upward Bound initiative. Well, we are focused on better
jobs for the future, so we will strengthen the Upward Bound program
through this bill today. We are focused on better jobs for the future,
so we will provide loan forgiveness for graduates who decide to enter
public service careers in areas of national need, such as early
childhood educators, child welfare workers, and firefighters. We are
focused on better jobs for the future, so we encourage students'
interest in math, science, and technology through this bill.
Through the leadership of Chairman George Miller, who is a hero for
college students throughout America, Congressman John Tierney, Ranking
Member McKeon, Bobby Scott, Lynn Woolsey, all of the members of the
Education and Labor Committee, I salute them and thank them for their
leadership because, Mr. Speaker, this is an important bipartisan
milestone for education.
I urge my colleagues to support the rule and the bill.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 5
minutes to the ranking member of the Education and Workforce Committee,
the gentleman from California (Mr. McKeon).
Mr. McKEON. I thank the gentleman for yielding.
A decade ago, the last time we renewed the Higher Education Act, it
was debated under an open rule that allowed every Member the
opportunity for full participation. On an issue so important to our
Nation's continued success, I would expect nothing less than a full and
open debate. I am disappointed that the same opportunity was not
provided today. Sadly, suppressed debate is all we have known under
this majority.
I am also disappointed that misuse of the budget reconciliation
process last year has left us with a bill that includes many important
reforms, but does not provide a full review of the largest financial
aid programs.
Because the budget reconciliation bill contained drastic and far-
reaching changes to Federal student loans, the bill before us pays very
little consideration to student lending. Unfortunately, circumstances
surrounding the loan programs have changed in the last several months,
and it looks like now is exactly the time when we should be looking at
these programs.
We are all painfully aware of the collapse in the subprime mortgage
market. Those financial insecurities have spread the higher quality
assets, including the asset-backed equities that are often used to
finance Federal and non-Federal student loans.
As we face these market insecurities, the full extent of the cuts
enacted through last year's budget reconciliation bill are just
beginning to be understood. Taken together, it appears our Federal loan
program may be facing a perfect storm, yet here we are with a
comprehensive higher education renewal that does not consider the
student loan programs.
I had hoped to offer an amendment today that would acknowledge the
challenges facing the loan program. Although my amendment did not call
for any immediate changes within the credit markets or the loan program
structure, a sense of Congress urged the Secretary of Education to
closely monitor the student loan marketplace so that if in the near
future these market insecurities translate into a loss of loan
availability, we could act quickly to protect the interests of
students.
Mr. Speaker, I won't be offering that amendment today; it was not
ruled in order. Somehow, a sense of the Congress acknowledging the very
real challenges facing our Nation's largest financial aid program was
deemed unfit for consideration.
We also won't be considering an amendment to protect students' free
speech rights on campus, or either of two amendments to ensure
taxpayers aren't forced to provide assistance under this bill to
illegal immigrants. Nor will we take up any of the other Republican
amendments that were stifled by a heavy-handed majority.
Mr. Speaker, we're here to consider a bipartisan bill that I strongly
support. In fact, the bill was voted out of committee with a vote of
45-0. Yet even on a bipartisan college access bill, the majority could
not bring itself to allow a fair and open debate.
Just four of the 27 amendments we'll consider today were offered by
Republicans, about 15 percent. For every 6 minutes we spend debating
Democrat proposals today, the Republican ideas will be given 60
seconds. Democrats will claim that's how we ran things when Republicans
were in charge. But during this same debate in 2006, when we considered
comprehensive higher education reform, more than one-third of the
amendments considered on the floor were offered by Democrats.
This is not just a problem of amendments being made in order.
Republicans were blocked from even submitting amendments just 3 minutes
after the deadline Tuesday morning. Key Republican proposals were
rejected from
[[Page 1600]]
consideration some 30 hours and 57 minutes before the Rules Committee
met. Is this a majority that strictly adheres to deadlines no matter
what the circumstances? Evidently not, at least not when they stand to
benefit from a little flexibility.
The listing of amendments on the Rules Committee Web site was
modified at 4:39 p.m. Wednesday, just 21 minutes before the committee
met. Fully 20 of the Democrats' amendments were modified or withdrawn
after the submission deadline.
I cannot help but ask, Why are Republicans being shut out of a
bipartisan bill? Why is the majority only permitting Republican
amendments that align with their policy goals? Is this payback because
Republicans plan to demand a vote today on earmark reform?
Mr. Speaker, this is an unreasonable rule that taints the
bipartisanship of the underlying bill, and I strongly oppose it.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 4
minutes to the gentleman from Indiana (Mr. Souder), also a member of
the committee.
Mr. SOUDER. I thank my distinguished friend from Washington State.
A little bit of irony here. I had an amendment that we fully debated
in committee on students' free speech, and I wanted to offer it today.
But isn't it ironic that while I was trying to argue for a student bill
of rights and free speech, that we're not allowed to have free speech
and a bill of rights in the United States Congress. How in the world,
when we're having 27 amendments, and this amendment was overwhelmingly
supported by our party, we only have, out of 27, four from Republicans,
and two of those are Republican opposed. If we have time for 27
amendments, why can't we have an amendment for free speech? I just
don't understand.
I never understood the opposition to the amendment, but what an
insult to the American people that when we want to debate whether there
should be a student bill of rights on campuses, which is being adopted
and introduced in many places around the country, that the United
States Congress can't even debate on the House floor a free speech
amendment and protection for speech in colleges. This is an outrage, an
embarrassment, and a humiliation to the Rules Committee. Why 27
amendments, but not one on a student bill of rights? Could it be that
it's a difficult vote?
David Horowitz and I will insert into the Record an article, ``In
Defense of Intellectual Diversity,'' has been a champion of this
problem. Now, we had a very interesting debate in committee. The
chairman of the committee said that some of these students who have
been complaining should grow up, and cited a case of where he
struggled. And certainly when I was a college student in the late
sixties and early seventies and wore a button ``I'm proud to be a
square'' when most of America wasn't proud to be a square, I certainly
had my share of debates, my share of harassment, my share of being
yelled down, trying to offer a differing view than the view that was
popular in the late sixties. And some of that goes with being on a
college campus, but there are examples all over this country where
intellectual diversity, intellectual alternatives are being stymied in
academia. This amendment would try to protect those rights.
Some of it's from the far left; a lot of it is on the conservative
side right now. In fact, next Tuesday Ben Stein has a movie coming out,
``Expelled: No Intelligence Allowed,'' that will debut about one of
those debates in science. Where there is an effort to stamp it out,
particularly when you get into government, economics, sociology,
philosophy, and so on, increasingly there is a rigidity; and if you
disagree you are harassed, your grades can be altered, your papers can
be given back to you, speeches and alternative speakers are shouted
down. And, yes, there are nominal processes to do it, but if there are
nominal processes to do it, what is wrong? This amendment says, for
example, ``Individual colleges and universities have different missions
and each institution should design its academic program in accordance.
Within the context of institutional mission, the college should promote
intellectual pluralism and facilitate free and open exchange of
ideas.'' Well, that's not very controversial.
``D, Students should not be intimidated, harassed, discouraged from
speaking out, discriminated against, or subject to official sanctions
because of their personal, political, ideological or religious
beliefs.'' Isn't that a terrible, risky, difficult vote?
``Students should be treated equally and fairly, including evaluation
and grading, without regard to or consideration of their personal
political views or ideological beliefs.'' That's just awful. How could
we vote on that in the United States Congress to say there would be no
persecution? There is no ``whereas'' clauses here. There's nothing in
here that says campuses are liberal, campuses are conservative. We
don't have any ``whereas'' clauses that are insulting in here. There is
nothing in here that's partisan; I just read you the guts of the bill.
Why can't we vote on this? Why is this opposed? Why is it opposed so
much that we're not even allowed to debate it on the floor of Congress?
How can we say, in a higher education bill, that we believe in inquiry,
that we believe in searching for knowledge, but when we had an
amendment to protect students who might have a difference of opinion
that we wouldn't even allow a vote?
[From the Chronicle Review, Feb. 13, 2004]
In Defense of Intellectual Diversity
(By David Horowitz)
I am the author of the Academic Bill of Rights, which many
student governments, colleges and universities, education
commissions, and legislatures are considering adopting.
Already, the U.S. House of Representatives has introduced a
version as legislation, and the Senate should soon follow
suit.
State governments are also starting to rally around efforts
to protect student rights and intellectual diversity on
campuses: In Colorado, the State Senate president, John K.
Andrews Jr., has been very concerned about the issue, and
State Rep. Shawn Mitchell has just introduced legislation
requiring public institutions to create and publicize
processes for protecting students against political bias.
Lawmakers in four other states have also expressed a strong
interest in legislation of their own, based on some version
of the Academic Bill of Rights. Students for Academic Freedom
is working to secure the measure's adoption by student
governments and university administrations on 105 member
campuses across the country (http://
www.studentsforacademicfreedom
.org).
The Academic Bill of Rights is based squarely on the almost
100-year-old tradition of academic freedom that the American
Association of University Professors has established. The
bill's purposes are to codify that tradition; to emphasize
the value of ``intellectual diversity,'' already implicit in
the concept of academic freedom; and, most important, to
enumerate the rights of students to not be indoctrinated or
otherwise assaulted by political propagandists in the
classroom or any educational setting.
Although the AAUP has recognized student rights since its
inception, however, most campuses have rarely given them the
attention or support they deserve. In fact, it is safe to say
that no college or university now adequately defends them.
Especially recently, with the growing partisan activities of
some faculty members and the consequent politicization of
some aspects of the curriculum, that lack of support has
become one of the most pressing issues in the academy.
Moreover, because I am a well-known conservative and have
published studies of political bias in the hiring of college
and university professors, critics have suggested that the
Academic Bill of Rights is really a ``right-wing plot'' to
stack faculties with political conservatives by imposing
hiring quotas. Indeed, opponents of legislation in Colorado
have exploited that fear, writing numerous op-ed pieces about
alleged right-wing plans to create affirmative-action
programs for conservative professors.
Nothing could be further from the truth. The actual intent
of the Academic Bill of Rights is to remove partisan politics
from the classroom. The bill that I'm proposing explicitly
forbids political hiring or firing: ``No faculty shall be
hired or fired or denied promotion or tenure on the basis of
his or her political or religious beliefs.'' The bill thus
protects all faculty members--left-leaning critics of the war
in Iraq as well as right-leaning proponents of it, for
example--from being penalized for their political beliefs.
Academic liberals should be as eager to support that
principle as conservatives.
Some liberal faculty members have expressed concern about a
phrase in the bill of rights that singles out the social
sciences
[[Page 1601]]
and humanities and says hiring in those areas should be based
on competence and expertise and with a view toward
``fostering a plurality of methodologies and perspectives.''
In fact, the view that there should be a diversity of
methodologies is already accepted practice. Considering that
truth is unsettled in these discipline areas, why should
there not be an attempt to nurture a diversity of
perspectives as well?
Perhaps the concern is that ``fostering'' would be
equivalent to ``mandating.'' The Academic Bill of Rights
contains no intention, implicit or otherwise, to mandate or
produce an artificial ``balance'' of intellectual
perspectives. That would be impossible to achieve and would
create more mischief than it would remedy. On the other hand.
a lack of diversity is not all that difficult to detect or
correct.
By adopting the Academic Bill of Rights, an institution
would recognize scholarship rather than ideology as an
appropriate academic enterprise. It would strengthen
educational values that have been eroded by the unwarranted
intrusion of faculty members' political views into the
classroom. That corrosive trend has caused some academics to
focus merely on their own partisan agendas and to abandon
their responsibilities as professional educators with
obligations to students of all political persuasions. Such
professors have lost sight of the vital distinction between
education and indoctrination, which--as the AAUP recognized
in its first report on academic freedom, in 1915--is not a
legitimate educational function.
Because the intent of the Academic Bill of Rights is to
restore academic values, I deliberately submitted it in draft
form to potential critics who did not share my political
views. They included Stanley Fish, dean of the College of
Liberal Arts and Sciences at the University of Illinois at
Chicago; Michael Berube, a professor of English at
Pennsylvania State University at University Park; Todd
Gitlin, a professor of journalism and sociology at Columbia
University; and Philip Klinkner, a professor of government at
Hamilton College. While their responses differed, I tried to
accommodate the criticisms I got, for example deleting a
clause in the original that would have required the
deliberations of all committees in charge of hiring and
promotion to be recorded and made available to a ``duly
constituted authority.''
I even lifted wholesale one of the bill's chief tenets--
that colleges and professional academic associations should
remain institutionally neutral on controversial political
issues--from an article that Dean Fish wrote for The
Chronicle (``Save the World on Your Own Time,'' January 23,
2003). He has also written an admirable book, Professional
Correctness (Clarendon Press, 1995), which explores the
inherent conflict between ideological thinking and
scholarship.
Since the Academic Bill of Rights is designed to clarify
and extend existing principles of academic freedom, its
opponents have generally been unable to identify specific
provisions that they find objectionable. Instead, they have
tried to distort the plain meaning of the text. The AAUP
itself has been part of that effort, suggesting in a formal
statement that the bill's intent is to introduce political
criteria for judging intellectual diversity and, thus, to
subvert scholarly standards. It contends that the bill of
rights ``proclaims that all opinions are equally valid,''
which ``negates an essential function of university
education.'' The AAUP singles out for attack a phrase that
refers to ``the uncertainty and unsettled character of all
human knowledge'' as the rationale for respecting diverse
viewpoints in curricula and reading lists in the humanities
and social sciences. The AAUP claims that ``this premise . .
. is anti-thetical to the basic scholarly enterprise of the
university, which is to establish and transmit knowledge.''
The association's statements are incomprehensible. After
all, major schools of thought in the contemporary academy--
pragmatism, postmodernism, and deconstructionism, to name
three--operate on the premise that knowledge is uncertain
and, at times, relative. Even the hard sciences, which do not
share such relativistic assumptions, are inspired to continue
their research efforts by the incomplete state of received
knowledge. The university's mission is not only to transmit
knowledge but to pursue it--and from all vantage points. What
could be controversial about acknowledging that? Further, the
AAUP's contention that the Academic Bill of Rights threatens
true academic standards by suggesting that all opinions are
equally valid is a red herring, as the bill's statement on
intellectual diversity makes clear: ``Exposing students to
the spectrum of significant scholarly viewpoints on the
subjects examined in their courses is a major responsibility
of faculty.'' (Emphasis added.)
As the Academic Bill of Rights states, ``Academic
disciplines should welcome a diversity of approaches to
unsettled questions.'' That is common sense. Why not make it
university policy?
The only serious opposition to the Academic Bill of Rights
is raised by those who claim that, although its principles
are valid, it duplicates academic-freedom guidelines that
already exist. Elizabeth Hoffman, president of the University
of Colorado System, for example, has personally told me that
she takes that position.
But with all due respect, such critics are also mistaken.
Most universities' academic-freedom policies generally fail
to make explicit, let alone codify, the institutions'
commitment to intellectual diversity or the academic rights
of students. The institutions also do not make their policies
readily available to students--who, therefore, are generally
not even aware that such policies exist.
For example, when I met with Elizabeth Hoffman, she
directed me to the University of Colorado's Web site, where
its academic-freedom guidelines are posted. Even if those
guidelines were adequate, posting them on an Internet site
does not provide sufficient protection for students, who are
unlikely to visit it. Contrast the way that institutions
aggressively promote other types of diversity guidelines--
often establishing special offices to organize and enforce
all sorts of special diversity-related programs--to such a
passive approach to intellectual diversity.
At Colorado's Web site, for example, one can read the
following: ``Sections of the AAUP's 1940 Statement of
Principles on Academic Freedom and Tenure have been adopted
as a statement of policy by the Board of Regents.'' Few
people reading that article or visiting the site would
suspect that the following protection for students is
contained in the AAUP's 1940 statement: ``Teachers are
entitled to freedom in the classroom in discussing their
subject, but they should be careful not to introduce into
their teaching controversial matter which has no relation to
their subject.''
Is there a college or university in America--including the
University of Colorado--where at least one professor has not
introduced controversial matter on the war in Iraq or the
Bush White House in a class whose subject matter is not the
war in Iraq, or international relations, or presidential
administrations? Yet intrusion of such subject matter, in
which the professor has no academic expertise, is a breach of
professional responsibility and a violation of a student's
academic rights.
We do not go to our doctors' offices and expect to see
partisan propaganda posted on the doors, or go to hospital
operating rooms and expect to hear political lectures from
our surgeons. The same should be true of our classrooms and
professors, yet it is not. When I visited the political-
science department at the University of Colorado at Denver
this year, the office doors and bulletin boards were
plastered with cartoons and statements ridiculing
Republicans, and only Republicans. When I asked President
Hoffman about that, she assured me that she would request
that such partisan materials be removed and an appropriate
educational environment restored. To the best of my
knowledge, that has yet to happen.
Not everyone would agree about the need for such restraint,
and it should be said that the Academic Bill of Rights makes
no mention of postings and cartoons--although that does not
mean that they are appropriate. I refer to them only to
illustrate the problem that exists in the academic culture
when it comes to fulfilling professional obligations that
professors owe to all students. I would ask liberal
professors who are comfortable with such partisan expressions
how they would have felt as students seeking guidance from
their own professors if they had to walk a gantlet of
cartoons portraying Bill Clinton as a lecher, or attacking
antiwar protesters as traitors.
The politicized culture of the university is the heart of
the problem. At Duke University this year, a history
professor welcomed his class with the warning that he had
strong ``liberal'' opinions, and that Republican students
should probably drop his course. One student did. Aided by
Duke Students for Academic Freedom, the young man then
complained. To his credit, the professor apologized. Although
some people on the campus said the professor had been joking,
the student clearly felt he faced a hostile environment. Why
should the professor have thought that partisanship in the
classroom was professionally acceptable in the first place?
At the University of North Carolina at Chapel Hill, a
required summer-reading program for entering freshmen stirred
a controversy in the state legislature last fall. The
required text was Barbara Ehrenreich's socialist tract on
poverty in America, Nickel and Dimed: On (Not) Getting By in
America (Metropolitan Books, 2001). Other universities have
required the identical text in similar programs, and several
have invited Ehrenreich to campus to present her views under
the imprimatur of the institution and without rebuttal.
That reflects an academic culture unhinged. When a
university requires a single partisan text of all its
students, it is a form of indoctrination, entirely
inappropriate for an academic institution. If many
universities had required Dinesh D'Souza's Illiberal
Education: The Politics of Race and Sex on Campus (Vintage
Books, 1992) or Ann Coulter's Treason: Liberal Treachery From
the Cold War to the War on Terrorism (Crown Forum, 2003) as
their lone freshman-reading text, there would have been a
collective howl from liberal faculties, who would
[[Page 1602]]
have immediately recognized the inappropriateness of such
institutional endorsement of controversial views. Why not
require two texts, or four? (My stepson, who is a high-school
senior, was required to read seven texts during his summer
vacation.)
The remedy is so simple. Requiring readings on more than
one side of a political controversy would be appropriate
educational policy and would strengthen, not weaken, the
democracy that supports our educational system. Why is that
not obvious to the administrators at Chapel Hill and the
other universities that have instituted such required-reading
programs? It's the academic culture, stupid.
Ms. SUTTON. Mr. Speaker, I'd like to take this opportunity to refresh
the memory of my colleagues on the other side of the aisle on past
rules.
The last time the higher education reauthorization bill was
considered in the House was just 2 years ago, in the 109th Congress.
It, too, was done under a structured amendment process using two rules.
Those two structured rules allowed a total of 22 amendments out of the
113 submitted, fewer than the rule we are offering today.
This is a very fair rule, and I urge my colleagues to support it and
the bill. The rule makes in order 27 amendments on a wide variety of
important issues relating to the higher education of our Nation's youth
and others seeking a post-secondary education. Members on both sides of
the aisle will be able to offer amendments that they believe will
further improve this already very bipartisan bill.
This bill is one of the most bipartisan products of the 110th
Congress, reported from the Education and Labor Committee by a vote of
45-0. There is no arguing with those facts.
And, Mr. Speaker, the benefits of higher education are undeniable for
students, their families, and for our country and society at large. As
a nation, we recognize this, having always been a global standard
bearer and our high regard for the merits of higher education. Reaching
the American Dream of leading a secure and fulfilling life is a goal
that we can make achievable when we open the doors of college to all.
The fact that this bill passed 45-0 out of the Education Committee is
a testament to the great work that the committee has done on this bill
and to the fact that we care tremendously about the future of our
children.
Listening to parents from my district, Mr. Speaker, and across the
country, I hear about how the ability to send their children to college
weighs on their minds. And talking to professors, counselors, and
administrators at the University of Akron, Loraine County Community
College, and other schools across Ohio, I also know that student debt
is a tremendous factor in determining which professions our students
are choosing to enter.
Nearly two-thirds of all students at 4-year colleges nationwide
graduate with loan debt these days, with the average amount of debt
surpassing $15,000. This bill we're passing goes a long way to changing
that distressing fact.
By increasing aid and encouraging colleges to rein in tuition, this
legislation will enable more students to pursue their passions and give
back in service to their communities and our country.
I am proud that this bill continues the work of this New Direction
Congress in making necessary improvements for the workforce of
tomorrow. We have seen the necessity of investing in stem education,
and this legislation continues the effort we began last year in passing
the innovation agenda by improving teacher training and development
programs and focusing on recruiting teachers into high-demand science
and technology fields.
In today's global economy, it's essential that America's workforce
remain competitive at an international level.
Mr. Speaker, the Higher Education Act has not been reauthorized in a
decade. The Senate has already passed a reauthorization, so we must act
expediently to pass this vital bill so the President may sign it into
law.
I hope that my colleagues on both sides of the aisle will join me in
voting for this bill and supporting a brighter future for our students,
our families, and our communities.
Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, before I yield to my friend
from Utah, the gentlelady made the point in her initial remarks when
she was talking about the reauthorization 2 years ago that it was done
in a bipartisan way and it was done successfully. We know that this
process, the administration already has some problems with it. And
while they haven't issued a veto threat, they have some concerns.
With that, Mr. Speaker, I want to yield 3 minutes to the gentleman
from Utah (Mr. Bishop), a member of the committee.
{time} 1100
Mr. BISHOP of Utah. I appreciate the gentleman from Washington
yielding me the time.
Mr. Speaker, if you remember back in the 1960s when Volkswagens were
very popular and they had this wonderful self-deprecating campaign
going on for their advertising. For instance, putting a Volkswagen in a
carport and the caption would read, ``It makes your house look
bigger.'' My favorite one was taking a Volkswagen, ripping off the
fenders, putting big tires on it, putting even a spoiler in the back, a
painted stripe, jacking it up on the back, and the caption read ``Is
nothing sacred?'' Sometimes while I've been here in Congress, I have
often wondered if nothing is actually sacred.
Education, even higher education, is still the purview of States. The
10th amendment gives them that parameter. And yet it is possible that
we often ignore that. It is possible to soup up a Volkswagen, but we
never should. It is also possible for us to tell States how to run
their policy on education and how to appropriate their money to
education, but it never should happen.
The provision to which I object is called ``maintenance of effort.''
This is a provision that was added to the Budget Reconciliation Act, or
was attempted to, and was removed. And most of the people in local
government are surprised to see this effort coming back here in this
particular bill. This was also not discussed in our committee to any
detail.
It is one of those things that the Rules Committee will always talk
about how these things should be discussed in committee. But when we,
in committee after committee, have major pieces of legislation held
close to the vest and only brought forward only hours or days before
the actual markup in a committee, oftentimes we find things within
those bills that are surprising. This provision was found in this bill,
and it was not one of those pleasant surprises.
The maintenance of effort amendment that was put into this bill
requires the States to maintain a 5-year rolling average of their
funding for higher education, and if they ever go under that 5-year
average of education, their LEAP funds, which are now renamed in this
particular bill, will be yanked from those States, unless they go to
the Department of Education and grovel before the Secretary of
Education to try to get some kind of penitence so they can get those
moneys back.
This proposal is counterproductive. We all know that States have
cyclical budget years like we do. In 2002, the average State increase
in higher education was 1.8 percent. In 2006, it was up 9.3 percent. If
I was a State legislator again responsible for those budgets, realizing
this proposal was in here, when we had a chance to add more money for
higher education, knowing we would now be judged on a 5-year rolling
average, there is no way I would ever put that kind of increase in
there. This is going to be counterproductive to actually States funding
their higher education system.
But even if this policy worked, we should not do it. H.L. Mencken
once said, ``There is always an easy solution to every human problem.
It's neat, it's plausible, and it's wrong.'' Even if this Federal stick
to States was effective, it is wrong. It is wrong to tell States how
they will appropriate their money. It is wrong to give them more
Federal mandates.
Now, the chairman of the committee, Mr. Miller, will soften this
proposal in
[[Page 1603]]
the manager's amendment. That is good but doesn't nearly go far enough.
Mr. Hoekstra had a perfect compromise amendment that was refused to be
considered by the Rules Committee on a technicality. It is wrong. It
should have been considered. And I had an amendment to remove this, to
put it back to the status quo so we could have a chance in the
committee to discuss this issue, and it was not allowed to be made in
order. That is wrong. The proposal is wrong. The discussion process is
wrong. If we're not going to discuss these issues in the committee, it
should be the purview of allowing people to come here on the floor and
discuss these issues, which are not just technical in nature but
philosophical in nature, of what the Federal Government ought to do and
what it ought not to do. This particular provision in here should be
discussed.
We should know full well what we are doing to States if we move
forward in that area. And for the Rules Committee not to make that in
order, I think, is wrong.
Ms. SUTTON. Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, at this time I am pleased to
yield 2 minutes to the distinguished ranking member of the Rules
Committee, the gentleman from California (Mr. Dreier).
Mr. DREIER. I thank my friend for yielding.
This is a very important piece of legislation, Mr. Speaker. We all
know, and I was happy to hear my friend in Ohio talk about, the
importance of our global competitiveness and we have to have the best
educated people as we proceed to make sure that we can compete in that
global economy. But I have to say, Mr. Speaker, that the process around
which we are considering this very important legislation is just plain
wrong.
We had 61 amendments that were submitted to us in the Rules
Committee. Now, the last time that this was successfully authorized, as
Mr. Hastings has pointed out to our colleagues, was 10 years ago. It
was done under a modified open rule.
We had four Democrats sit before us on one of the panels last night,
and they complimented the Rules Committee members for the hard work.
And the very distinguished Chair of the Committee on Rules proceeded to
talk about how life was tantamount to a living hell when we as
Republicans were in control versus this great new day that we have.
Well, Mr. Speaker, let me tell you just a little bit about this great
new day that we have.
There have been more than double, I repeat that, more than double the
number of closed rules in the first session of the 110th Congress and
during this month of January leading up to the first of February than
we had in the first session and leading up to the first of February in
the 109th Congress, more than double the number of closed rules. And as
I said, the last time we authorized this bill was in 1998, and it was
done under a modified open rule. Yes, there was an attempt two
Congresses ago to do it, and when we had a structured rule, it failed.
Why don't those colleagues of ours who are in charge learn from the
mistake of having not done this under an open amendment process?
So though we continue to hear, Mr. Speaker, that this is a great new
day and all these wonderful changes have taken place, we actually have
had Democrats and Republicans, Democrats and Republicans, prevented
from improving this bill.
Now, Mr. Hastings correctly pointed to the fact that the
administration has raised a number of concerns, dozens of new programs
that are duplicative that are included in this bill. The President
wants to work with us to improve this legislation. Doing it under the
structure that we have today undermines the potential to see that
happen.
Reject this rule, and let's come back with at least a modified open
rule so that we can proceed with something that in a bipartisan way we
very much want to see happen.
Ms. SUTTON. Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3
minutes to the gentleman from Minnesota (Mr. Kline), also a member of
the Education and Labor Committee.
Mr. KLINE of Minnesota. I thank the gentleman for yielding.
Mr. Speaker, I rise today in strong opposition to this rule.
The bill under consideration today is a product of a multiyear,
bipartisan effort by the Education and Labor Committee. Democrats and
Republicans worked together to craft this legislation. Now the Rules
Committee has thrown this bipartisan effort to the wind and revealed
their true partisan colors that are flying there. By allowing 20
Democrat amendments and only four Republican amendments, the Rules
Committee has effectively announced that the minority party is not to
be a player. Folks, it isn't fair. It's not a democracy.
I submitted an amendment to the Rules Committee earlier this week.
But my colleagues will not even have the chance to consider its merits
because it was not made in order by the Rules Committee.
It is a particularly sad statement, given the nature of my amendment.
On January 29, the City of Berkeley passed resolutions that, among
other things, state that the United States Marine Corps recruiting
office ``is not welcome in'' their ``city, and if recruiters choose to
stay, they do so as uninvited and unwelcome intruders.''
I am appalled.
My amendment addresses this action by denying Federal funding to
colleges that contract with an entity that takes action to discriminate
or condones discrimination against the military by denying equal public
access. The amendment essentially holds colleges and universities
accountable for maintaining agreements or contracts with entities that
allow this open discrimination.
Mr. Speaker, during the Vietnam era, and I'm old enough to not only
remember but to have experienced it, many of our servicemembers and
veterans received shameful treatment at the hands of those who opposed
our Nation's foreign policy. We must protect our current servicemembers
from the same treatment by showing that the Berkeley City Council's
appalling behavior is unacceptable in this great Nation. Demonizing the
men and women serving our country in the military, as demonstrated by
the Berkeley City Council, has no place in our Nation's political
discourse.
As a graduate of the ROTC program and a 25-year veteran of the Marine
Corps, I am profoundly disappointed with the appalling actions of the
Berkeley City Council. Institutions that continue to maintain contracts
and agreements with this city are, in effect, condoning this
discriminatory and unjust treatment of our servicemembers.
They deserve better from us, Mr. Speaker. This structured rule
excluding my amendment denies this body the opportunity to reaffirm our
strong support for the men and women who so honorably and bravely
defend our Nation.
Mr. Speaker, I urge my colleagues to vote against this restrictive
rule.
Ms. SUTTON. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3
minutes to the gentleman from Georgia (Mr. Gingrey), former member of
the Rules Committee.
Mr. GINGREY. I thank the gentleman for yielding.
Mr. Speaker, I rise not in opposition to the bill. I think there are
some good things in the bill. I was a former member of the Education
and Workforce Committee. I know our ranking member, Mr. McKeon, is a
supporter of the bill. I rise in strong opposition to this rule, Mr.
Speaker.
The gentlewoman on the Rules Committee on the majority side, the
gentlewoman from Ohio, has mentioned a couple of things in her remarks,
talking about what we Republicans did when we controlled this body and,
indeed, the Rules Committee and how restrictive we may have been. But
what I want to remind her is that I sat on that Rules Committee during
that time, and I can remember the comments that
[[Page 1604]]
were made from the minority, the then Democratic minority, that if they
had an opportunity to control this place, then rules would be open and
fair and people would be treated fair so that each Member would have an
opportunity. They didn't say, Well, when we get the majority, we're
going to stick it to you just like you've stuck it to us. So I think
they should live by what they said they would do.
And the other thing I want to point out to the gentlewoman from Ohio
is that she talked about the bipartisanship on this bill, a 45-0 vote.
Well, 45 Members of this body is 10 percent, and 90 percent of us don't
get an opportunity to speak on the bill and to offer what I think are
very good amendments. Now, 47 were submitted; 27 were made in order.
But how many Republican amendments? It was 4 out of 27.
Mine wasn't one of them, and I had a very good amendment, Mr.
Speaker. This is the only opportunity I get to talk about it. It's a
bipartisan amendment.
Basically, Mr. Speaker, this amendment deals with FERPA, the Family
Education Privacy Rights Act of 1974. The tragedy at Virginia Tech
where we lost so many lives was, I think, because colleges and
universities misinterpret that law. And my amendment would simply say
that if a parent lists a child, a student, on their tax return as a
dependent, even though they might be over age 18 or maybe they are a
junior and age 20, but if they are a dependent as verified by the tax
return, then those parents should have access to academic records,
disciplinary records, drinking on campus, whatever. And many of us, I'm
sure, have had college students where because of FERPA we never could
find out how our youngsters were doing until they were in dire trouble,
maybe flunking out of school or having a substance abuse problem. I
commend Representative Tim Murphy for his work in regard to mental
health issues along this same line. But this was a very good amendment,
Mr. Speaker, and one that I would think Democrats would want to join
Republicans and vice versa and have unanimous support of that.
So I am very disappointed. I am very disappointed not only for myself
but for the American people, my constituents, students, and parents all
across this country.
So, again, it's not the bill that I am opposed to. I am opposed to
this restrictive rule.
Ms. SUTTON. Mr. Speaker, I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am pleased to yield 3
minutes to the gentleman from Georgia (Mr. Kingston).
Mr. KINGSTON. Mr. Speaker, I urge my colleagues to vote ``no'' on
this rule so that we can amend it or offer an amendment on earmark
reform.
As we heard the President last week speak about earmarks in the State
of the Union, to my knowledge, no President has ever talked about
something that's ordinarily a House and Senate procedure in his State
of the Union comments. But in it he declared war, you may say, on
earmarks.
Now, we believe in the prerogative of the legislative branch to put
things in the budget and take things out of the budget. Indeed, the
White House earmarks all the time. But the reality is, Mr. Speaker, we
need to have a discussion on earmarks. We do need to stop the practice
of air-dropping earmarks into conference committees, earmarks that
haven't been debated, discussed, or had hearings held on them at the
House or on the Senate level. I think that's the first step. But I
think there is a whole lot of other things we should do.
For example, there are earmarks routinely in the transportation bill.
{time} 1115
There are earmarks in trade bills, earmarks all over the place in any
tax bill. We believe that earmarking should be reformed on all
committee levels. We always talk about appropriations, but there are
lots of committees that do it. If we allow for it, we will set up a
joint bicameral, bipartisan select committee on earmarks that will come
up with recommendations on how to do a better job with them. This would
require, or we would urge, a moratorium on earmarks until the select
committee comes back to Congress with recommendations.
But there are so many things that we could do that would improve this
process: for example, financial disclosure on earmarks, does the Member
have anything at stake to personally gain; transparency so that when an
earmark is added on a subcommittee or full committee or floor level,
transparency so that the earmark is put in and Members have an
opportunity to ask why is that in there, who put it in there, what does
it do and why should the people of Idaho have their tax dollars go to
something that happens in Florida. We want to be able to have that
debate. I think that that is so important.
And, again, there are tax loopholes that are basically industry-
specific earmarks. Who puts them? At least with appropriations right
now you know who puts them in, but on tax earmarks you do not. The
White House does all kinds of earmarking, and we and certainly the
press let them get away with it because for some reason they are the
White House. But under the constitutional concept of equal branches of
government, particularly when spending bills originate in the House, we
have the right to earmark; but we should all be measured by the same
yardstick.
The other thing that is important is what is the impact of earmarks
on the budget. When you take an earmark out of a bill, it does not
reduce the bill. Is that something that we should look at? There are
all types of things that a bipartisan, bicameral committee could look
at that would improve this process. So I urge a ``no'' vote on the rule
so that we can come back and have this opportunity to vote on this
amendment.
Ms. SUTTON. Mr. Speaker, I have only one remaining speaker who will
close debate for this side. Because we have the right to close, I will
reserve the time until the gentleman has closed and yielded back his
time.
Mr. HASTINGS of Washington. Mr. Speaker, how much time do I have?
The SPEAKER pro tempore. The gentleman from Washington has 4\1/2\
minutes remaining.
Mr. HASTINGS of Washington. Mr. Speaker, I yield myself the balance
of my time.
Mr. Speaker, much has been talked about about this unfair closed rule
dealing with this underlying issue, and that seems to be a recurring
pattern, and I wish that it would change, but I don't hold out any hope
that that will happen. But, Mr. Speaker, since House earmark rules were
changed just last year, loopholes and concerns have been raised.
Questions remain such as what is and what is not an earmark; when do
earmark rules apply and how are earmark rules enforced? We have seen
examples of Members trying to enforce earmark rules only to be told
they can't because the rules don't apply, and we have seen earmarks
repeatedly air-dropped into bills at the last minute that were not
subject to transparency or scrutiny.
Time and time again, Republicans have come to the floor advocating
for additional earmark reforms, including stronger transparency and
enforceability. Taxpayers also recognize the earmark process is broken
and are outraged with wasteful spending. This has lead to an erosion of
public confidence in Congress and could explain part of the reason why
Congress' approval ratings are so low. It is clear Americans want
Congress to act now and fix the broken earmark process. An earmark
timeout is needed in order to get our fiscal house in order and restore
public confidence.
In January, House Republicans united together and called on House
Democrats to join us in an immediate moratorium on earmarks and the
appointment of a bipartisan, bicameral joint committee to reform the
earmark process and eliminate wasteful spending. House Democrat leaders
were invited to join with Republicans and take the sensible bicameral
course of action and reform a broken earmark process, but Democrats
have remained silent and chosen to continue the broken status quo. So,
today, I am going to give all Members an opportunity to show their
support for a bipartisan solution.
[[Page 1605]]
Mr. Speaker, I am asking my colleagues to vote against the previous
question so that I can amend the rule to allow the House to immediately
consider House Concurrent Resolution 263, which would establish a Joint
Select Committee on Earmark Reform. The Joint Select Committee on
Earmark Reform would hold hearings and make recommendations for the
comprehensive reform of the earmark process. The resolution would also
prohibit bills, resolutions, and conference reports containing earmarks
requested by Members of Congress or the administration to be considered
until the joint select committee has filed its report.
Considering and adopting House Concurrent Resolution 263 today is a
sensible, bipartisan solution that will bring genuine accountability
and transparency to the spending process and will restore taxpayer
trust and the integrity of Congress.
Let me be clear: with my motion, every Member of this House will have
a chance to publicly vote and take a stand and end earmark abuse and
earmark secrecy. Every Member will vote on whether they believe the
earmark process must be reformed.
So, Mr. Speaker, we will do all that we can on our side to challenge
the leaders to adopt this resolution. Until a moratorium or bipartisan
committee is in place, House Republicans have adopted already a series
of earmark reforms standards that we will adhere to, including barring
Members from using taxpayer money named after themselves and
prohibiting earmarks from being air-dropped into bills at the last
minute to avoid transparency.
Mr. Speaker, I ask unanimous consent to insert the text of the
amendment, the letter sent from the Republican leaders to Speaker
Pelosi on January 25, 2008, 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 Washington?
There was no objection.
Mr. HASTINGS of Washington. Mr. Speaker, I urge all of my colleagues
to join me today in acting to permanently change the way in which
Washington spends taxpayers' money. Vote ``no'' on the previous
question so we can address this very important House concurrent
resolution.
Mr. Speaker, with that I yield back the balance of my time.
Ms. SUTTON. Mr. Speaker, it is my honor to yield the balance of my
time to the gentleman from Wisconsin, the distinguished chairman of the
Committee on Appropriations (Mr. Obey), who will close for our side.
Mr. OBEY. Mr. Speaker, to listen to the last two speakers, one would
think that they had Rip Van Winkled their way through the last year in
this House. For the Republican Party leadership to belatedly give us
lectures on earmarks is, in my view, akin to reformed alcoholics giving
lectures on temperance.
The higher education bill being debated today is funded through the
Labor-H appropriation bill. In fiscal year 1995, the last year I
chaired that subcommittee, that bill contained virtually no earmarks.
By the year 2000, that same bill contained 491 earmarks; and by 2006,
that bill had 3,031 earmarks totaling $1.2 billion.
The previous Republican leadership was notorious for using earmarks
as enticements in order to get their membership to vote for bills that
individuals otherwise would not be inclined to vote for. For example,
newspapers at the time reported that the previous Republican leadership
used earmarks in the Transportation authorization bill as rewards for
several Republican Members to switch their votes and agreed to support
the Medicare part D provision that forbade the Federal Government from
negotiating with the drug industry to provide lower costs for seniors
under Medicare.
Under the Republican leadership, the cost of the earmarks quadrupled,
and we were treated to stories about Mr. Cunningham, Mr. Ney, Mr.
Abramoff abusing the process, as well as several other.
When Democrats took over the House, until we could reform the
process, we suspended earmarks for a year, over the fierce objections
of as many Members of the Republican Party as we saw in my own party.
In response to demands from both parties, after we reformed the
process, we then resumed the earmarking process with the expressed
intention of cutting in half the cost of earmarks in non-project
accounts. We made no such commitments for accounts that are by their
nature project-based because to do so would gut the very purpose of the
bills under consideration.
For example, the Army Corps budget is by its nature project-based. In
fiscal 2006, the administration sent up a budget request for the Army
Corps containing 984 projects. Of the final amount provided by the
Corps, 86 percent of the projects were administration-requested
earmarks. The Corps is an interesting example. The administration
argues that they have a system for selecting projects and that they
only select projects that score a 3 or better on their scale. However,
in 2006, there were 16 projects requested by the administration that
did not even qualify for funding based on the administration's own
criteria.
After all the shouting was over last year, we essentially met our
promise, cutting nonproject earmarks by 43 percent after negotiations
with the Senate, cutting it from $16 billion down to $9 billion. So we
came pretty doggone close to our goal. I would have preferred a larger
reduction than 50 percent, but the 43 percent reduction is a 43 percent
larger reduction than any Republican Congress ever produced, and we did
it under a reform process.
At the beginning of the 110th Congress, the new Democratic majority
passed unprecedented new rules that required the listing of the
sponsors of every earmark, that required that any Member of Congress
requesting an earmark disclose in writing the name and address of the
intended recipient, the purpose of the earmark, and required that
Members certify that he or she had no financial interest in the
project.
We also required that all matters before a conference committee
including earmarks must be subjected to full and open debate and that
no item might be added to the conference report after the conference
committee had adjourned, as has happened many times in the past.
As we moved forward with earmarks last year, I brought a motion to
the floor to see if Members wanted to eliminate all earmarks. That
motion failed by a vote of 53-369, with a majority of both parties
voting against it.
I am assuming they did that because an overwhelming number of
honorable Members on both sides of the aisle believe that Members
should not lose the ability to fund priority items for their districts
because of the scurrilous behavior of a handful of renegade Members.
During House consideration of fiscal year 2008 appropriation bills,
71 earmark-related amendments were debated and voted on in the floor,
including three amendments to eliminate all earmarks from the bill
under consideration and 68 amendments to eliminate particular earmarks.
Of the 48 amendments on which record votes were taken, only 13 received
the support of more than half the Republicans who voted. On those 13,
the percentage of Republicans voting ``yes'' never exceeded 57 percent.
Every Member knows that even if the House unilaterally suspends
earmarks, the Senate will not follow suit. A firm majority on both
sides will see to that. I have learned that lesson the hard way.
One last point: the resolution introduced by our friends on the other
side calls for the suspension of earmarks for 6 months until yet
another group offers their suggestions for change. It is ironic indeed
that that delay would force us to do the same thing that the Republican
leadership so roundly criticized me for last year when I proposed to
delay earmarks 1 month until we had more time to review them. The
practical effect of the resolution which our Republican friends want to
bring up to date, even though it is nongermane to this bill, would be
to require the air-dropping of every single
[[Page 1606]]
earmark in the entire Federal budget. It would guarantee that no
earmarks could be discussed or debated while the bill was on the floor
of the House of Representatives. It would then give you in spades what
our friends on the Republican side said last year they wanted to avoid.
I fail to see how requiring every single earmark in appropriation
bills this year, I fail to see how requiring all of those earmarks to
be air-dropped rather than debated when we consider the bills is
reform. It moves exactly in the opposite direction of that which our
Republican friends said we should move last year. So as far as I am
concerned, the truth is this is not serious reform at all. It is a
grandstanding attempt to escape the reputation of previous Congresses.
If I had presided over those previous Congresses, I would be running
away from their reputation just as fast as the minority appears to be
today.
Mr. WOLF. Mr. Speaker, by defeating the previous question on the
rule, Members will allow consideration of H. Con. Res. 263, earmark
reform legislation introduced by Jack Kingston, Zach Wamp, and myself.
Quite frankly, our effort in the House to bring a level of
transparency in the earmark process has yet to satisfy the American
public. Congress holds the power of the purse and I don't believe the
American public really wants us to cede that authority to the executive
branch. And while I believe that the majority of earmarks are for
purposes which help people, those Members who oppose earmarks have made
some legitimate claims.
H. Con. Res. 263 would help restore confidence in Congress by
creating a Joint Select Committee on earmarks and place a moratorium on
all earmarks while the panel undertakes its work. The Joint Select
Committee (JSC) on Earmark Reform would be comprised of 16 members,
evenly split between the House and Senate and Republicans and
Democrats. The panel would examine the way earmarks are included in
authorizing, appropriations and tax and tariff measures. Executive
branch earmarks would also be studied. Reviewing earmarks in all bills
considered by Congress is key.
The House should place a moratorium on all earmarks until the Joint
Select Committee has finished its work and we are able to put into
place a rules system that restores the confidence of Americans that
legislation is not loaded up with hidden special interest, wasteful
spending. I strongly support earmark reform including listing names of
sponsors of earmarks or specific line-item spending. But the rules must
apply an equal standard in all legislation, appropriations as well as
authorizing and tax bills, in disclosing earmark sponsors. It must be
across-the-board in every bill, but it also must be a process of
indisputable integrity and probity that is honest and authentic and in
which the American people have absolute trust.
Earmark reform should be a bipartisan issue that every member of
Congress is concerned about.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 4137, the College Opportunity and Affordability Act, 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 $9,000. 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 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 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.
In Texas, over 87,000 African-Americans are incarcerated compared to
approximately 48,000 African-Americans attending college or university.
The disparity between the percentages of our youth in prison versus the
number of young people in college, particularly in the African-American
community, is disturbing to say the least. Higher education continues
to be one of the main pathways to social and economic mobility,
particularly in the African-American and Hispanic communities. I
strongly support the amendment offered by my distinguished colleagues,
Representatives Alcee Hastings and Representative Linda Sanchez,
authorizing a nationwide program through the Department of Education to
promote holistic community-centered partnerships aimed at mitigating
gang violence and reducing recidivism rates among juvenile ex-offenders
previously detained for gang-related offenses. This amendment a second-
chance to America's most vulnerable youth, I fully support the vision
of this amendment and urge my colleagues to join me in supporting this
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 five 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 they
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 that
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.
{time} 1130
The material previously referred to by Mr. Hastings of Washington is
as follows:
Amendment to H. Res. 956 Offered by Mr. Hastings of Washington
At the end of the resolution, add the following:
[[Page 1607]]
Sec. 7. That immediately upon the adoption of this
resolution the House shall, without intervention of any point
of order, consider in the House the concurrent resolution (H.
Con. Res. 263) to establish the Joint Select Committee on
Earmark Reform, and for other purposes. The concurrent
resolution shall be considered as read. The previous question
shall be considered as ordered on the concurrent resolution
to final adoption without intervening motion or demand for
division of the question except: (1) one hour of debate
equally divided and controlled by the chairman and ranking
minority member of the Committee on Rules; and (2) one motion
to recommit.
____
House of Representatives,
Washington, DC, January 25, 2008.
Hon. Nancy Pelosi,
Speaker of the House,
Washington, DC.
Dear Speaker Pelosi: The earmark process in Congress has
become a symbol of a broken Washington. Wasteful pork-barrel
spending has outraged American families and eroded public
confidence in our institution. Both of our parties bear
responsibility for this failure.
We write tonight to notify you that House Republicans
believe that the earmark system should be brought to an
immediate halt, and a bipartisan select committee should
immediately be established for the purpose of identifying
ways to bring fundamental change to the way in which
Washington spends taxpayers' money.
In the spirit of bipartisan cooperation fostered by our
recent cooperation on a short- term economic growth package,
we offer our hope that you and the members of the House
Democratic Caucus will join House Republicans in supporting
these steps, which are urgently needed to begin the process
of fixing Washington's broken spending practices and
restoring trust between the American people and their elected
leaders. We respectfully ask that you and your Caucus
consider these urgently-needed actions and join us in
supporting them by the conclusion of your Caucus retreat next
week.
In the interim, until a complete earmark moratorium is in
place and a bipartisan panel is formed to identify ways to
fix Washington's wasteful pork-barrel spending habits, House
Republicans will proceed with the adoption of a series of
earmark reform standards we will insist that all House
Republican members honor. These earmark reform standards
include:
No more ``monuments to me.'' Lawmakers should not use
taxpayer money to fund projects named after themselves.
No more ``airdrops.'' The process by which Congress spends
the American people's money should be completely transparent.
Members of Congress should not circumvent transparency by
airdropping earmarks into bills in conference at the last
minute.
No more ``fronts'' or ``pass-through'' entities. Taxpayer
funds should not be laundered through ``front'' operations
that mask their true recipients.
Members of Congress who request earmarks should put forth a
plan detailing exactly how the money will be spent and why
they believe the use of taxpayer funding is justified.
Members of Congress who ``secure'' earmarks should place
these plans in the Congressional Record well in advance of
floor votes on those earmarks.
To improve accountability, Members of Congress should
require outside earmark recipients to put up ``matching
funds'' where applicable so that American taxpayers do not
bear all the risk for such expenditures.
The Executive Branch should be held accountable for its own
earmark practices. The Executive Branch asks for earmarks,
too, and has done so under administrations Democratic and
Republican alike. Members of Congress should hold present and
future Administrations accountable for the way in which
taxpayer-funded earmarks are used.
It is our hope that you and your members will discuss and
move quickly to adopt similar standards during your Caucus
retreat.
The American people believe Washington is broken. Bold
action must be taken to show them we can fix it. We believe
the actions House Republicans are taking today can be a
starting point for this kind of change. We hope that by the
end of your own Caucus retreat next week, you and all House
Democrats will join us in supporting an immediate moratorium
on all earmarks and the immediate formation of a bipartisan
panel for the purpose of identifying ways to end wasteful
pork-barrel spending in Washington and bring needed change to
the way in which Congress spends taxpayers' hard-earned
money.
Sincerely,
John A. Boehner,
Republican Leader.
Roy Blunt,
Republican Whip.
Adam Putnam,
Chairman, Republican Conference.
Kay Granger,
Vice-Chair, Republican Conference.
Tom Cole,
Chairman, National Republican Congressional Committee.
David Dreier,
Ranking Republican, Committee on Rules.
Thaddeus McCotter,
Chairman, Republican Policy Committee.
John Carter,
Secretary, Republican Conference.
Eric Cantor,
Chief Deputy Whip.
____
(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 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 form 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. SUTTON. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Ms. SUTTON. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on ordering the previous question will be
followed by 5-minute votes on adopting House Resolution 956; suspending
the rules and adopting House Concurrent Resolution 283; and suspending
the rules and passing H.R. 4848.
The vote was taken by electronic device, and there were--yeas 204,
nays 196, not voting 29, as follows:
[[Page 1608]]
[Roll No. 32]
YEAS--204
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boyd (FL)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Emanuel
Engel
Eshoo
Etheridge
Fattah
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hinchey
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Loebsack
Lofgren, Zoe
Lynch
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Wu
Yarmuth
NAYS--196
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Fallin
Feeney
Ferguson
Flake
Forbes
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hill
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Pickering
Pitts
Platts
Poe
Price (GA)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--29
Baldwin
Blackburn
Boucher
Cramer
Davis, Lincoln
Everett
Farr
Filner
Fortenberry
Graves
Hare
Hinojosa
Lantos
Lipinski
Lowey
Manzullo
Meek (FL)
Moore (WI)
Petri
Porter
Pryce (OH)
Ruppersberger
Ryan (WI)
Sanchez, Loretta
Smith (WA)
Tanner
Towns
Woolsey
Wynn
{time} 1157
Messrs. REHBERG, SHIMKUS, LINDER, HELLER of Nevada, Mrs. CUBIN,
Messrs. ROGERS of Alabama, McCOTTER, STEARNS, BARTON of Texas,
ELLSWORTH and YOUNG of Alaska changed their vote from ``yea'' to
``nay.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
Stated for:
Mr. FILNER. Mr. Speaker, on rollcall No. 32, I was away from the
Capitol attending a function in my capacity as Chairman of the House
Veterans' Affairs Committee. Had I been present, I would have voted
`'yea.''
Mr. HINOJOSA. Mr. Speaker, on rollcall No. 32, had I been present, I
would have voted ``yea.''
Stated against:
Mr. RYAN. Mr. Speaker, on rollcall No. 32, on ordering the Previous
Question on the Rule to provide for consideration of H.R. 4137, I was
absent due to inclement weather grounding flights in Wisconsin. Had I
been present, I would have voted ``nay.''
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HASTINGS of Washington. Mr. Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 214,
nays 190, not voting 25, as follows:
[Roll No. 33]
YEAS--214
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Fattah
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Wu
Yarmuth
NAYS--190
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
[[Page 1609]]
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Davis, Tom
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Etheridge
Fallin
Feeney
Flake
Forbes
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hill
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Price (GA)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--25
Baldwin
Blackburn
Boucher
Cramer
Davis, Lincoln
Everett
Farr
Ferguson
Filner
Fortenberry
Graves
Lantos
Lowey
Manzullo
Porter
Pryce (OH)
Ruppersberger
Ryan (WI)
Sanchez, Loretta
Smith (NJ)
Smith (WA)
Tanner
Towns
Woolsey
Wynn
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised 2
minutes remain in this vote.
{time} 1205
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Mr. Speaker, on rollcall No. 33, I was away from the
Capitol attending a function in my capacity as Chairman of the House
Veterans' Affairs Committee. Had I been present, I would have voted
``yea.''
Stated against:
Mr. RYAN. Mr. Speaker, on rollcall No. 33, H. Res. 956, the rule to
provide consideration of H.R. 4137, I was absent due to inclement
weather grounding flights from Wisconsin. Had I been present, I would
have voted ``nay.''
____________________
CALLING FOR A PEACEFUL RESOLUTION TO THE CURRENT ELECTORAL CRISIS IN
KENYA
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the concurrent resolution, H.
Con. Res. 283, as amended, on which the yeas and nays were ordered.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Payne) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 283, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 405,
nays 1, not voting 23, as follows:
[Roll No. 34]
YEAS--405
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Fallin
Fattah
Feeney
Ferguson
Flake
Forbes
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Green, Al
Green, Gene
Grijalva
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (TX)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--1
Paul
NOT VOTING--23
Baldwin
Blackburn
Boucher
Cramer
Emerson
Everett
Farr
Filner
Fortenberry
Graves
Gutierrez
Lantos
Lowey
Manzullo
Porter
Pryce (OH)
Ruppersberger
[[Page 1610]]
Sanchez, Loretta
Smith (NJ)
Smith (WA)
Tanner
Woolsey
Wynn
{time} 1213
So (two-thirds being in the affirmative) the rules were suspended and
the concurrent resolution, as amended, was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. FILNER. Madam Speaker, on rollcall No. 34, I was away from the
Capitol attending a function in my capacity as Chairman of the House
Veterans' Affairs Committee. Had I been present, I would have voted
``yea.''
____________________
PERSONAL EXPLANATION
Mr. GRAVES. Madam Speaker, on Thursday, February 7, I missed rollcall
votes 32, 33, and 34 due to a delay in my flight. Had I been present, I
would have voted ``nay'' on 32 and 33 and ``yea'' on 34.
____________________
EXPRESSING SYMPATHY TO VICTIMS OF SOUTHERN STORMS
(Mr. GORDON of Tennessee asked and was given permission to address
the House for 1 minute.)
Mr. GORDON of Tennessee. Madam Speaker, my grandfather used to tell
me that the most important road in the county was the one in front of
your house. And I think we all know that is true in many different
ways, particularly in times of tragedy.
We have been in this well and we've talked about Katrina and we have
talked about a bridge that fell in Minnesota, and we have all had
tragedies in our areas in different ways, and I think we all feel
sympathetic.
But for those folks in Arkansas, Alabama, Kentucky, Indiana,
Mississippi, and Tennessee, once again we feel it very intensely. It is
the road in front of our house today. There were 50 lives lost, 32 in
Tennessee, 22 of those were in my district. Many folks were displaced.
We are not going to have electricity back in many areas for another few
days.
As I ask for a moment of silence, I also want us to feel the
community of our entire House and our entire country. I think we felt
that as we have helped in other places. Again, I just remind Members
that this happened in our area this time. It can happen in your area
next time.
But we are all together, and as we commemorate those dead and
misplaced in our States, we also want to remember your States, too.
I ask for a moment of silence.
The SPEAKER. All Members will please rise and observe a moment of
silence in respect of those affected by the recent tragedy.
____________________
ANNOUNCEMENT BY THE SPEAKER
The SPEAKER. Without objection, 5-minute voting will continue.
There was no objection.
____________________
EXTENDING PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH
BENEFITS
The SPEAKER pro tempore (Mr. Holden). The unfinished business is the
vote on the motion to suspend the rules and pass the bill, H.R. 4848,
as amended, on which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 4848, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 384,
nays 23, not voting 22, as follows:
[Roll No. 35]
YEAS--384
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Drake
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Fallin
Fattah
Feeney
Ferguson
Filner
Forbes
Fossella
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lungren, Daniel E.
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pomeroy
Price (GA)
Price (NC)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Young (AK)
Young (FL)
NAYS--23
Bachmann
Broun (GA)
Brown-Waite, Ginny
Campbell (CA)
Cannon
Doolittle
Duncan
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Hensarling
Jordan
King (IA)
Lamborn
Mack
Paul
Pence
Poe
Rohrabacher
Royce
Sali
Shadegg
NOT VOTING--22
Baldwin
Blackburn
Blumenauer
Boucher
Cramer
Emerson
Everett
Farr
Fortenberry
Lantos
Lowey
Manzullo
Marchant
Porter
Pryce (OH)
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Woolsey
Wynn
Yarmuth
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining in this vote.
[[Page 1611]]
{time} 1225
Mr. ROHRABACHER and Mrs. BACHMANN changed their vote from ``yea'' to
``nay.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PERSONAL EXPLANATION
Mr. MANZULLO. Madam Speaker, on Wednesday, February 6, 2008, I was
unable to return to Washington in time to vote because of the large
snowstorm that hit the Chicago-land area yesterday and delayed my
arrival until mid-afternoon today. If I was here, I would have voted
``yea'' on rollcall No. 29, ``yea'' on rollcall No. 30, ``yea'' on
rollcall No. 31, ``no'' on rollcall No. 32, ``no'' on rollcall No. 33,
``yea'' on rollcall No. 34, and ``yea'' on rollcall No. 35.
____________________
COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 2007
The SPEAKER pro tempore. Pursuant to House Resolution 956 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 4137.
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In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 4137) to amend and extend the Higher Education Act of 1965, and
for other purposes, with Mr. Pastor in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from California (Mr. George Miller) and the gentleman
from California (Mr. McKeon) each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. George
Miller).
Mr. GEORGE MILLER of California. Mr. Chairman, I yield myself 5
minutes.
Mr. Chairman and Members of the House, I rise in strong support of
H.R. 4137, the College Opportunity and Affordability Act, which was
reported by the Committee on Education and Labor with unanimous
bipartisan support. This legislation strengthens and reauthorizes our
Nation's higher education program.
With our recent enactment of the College Cost Reduction and Access
Act, this Congress has already taken a historic step by providing the
single largest increase in Federal student aid since the GI bill.
But we all know that there's still work to do to ensure that the
doors of college are truly open to call qualified students. H.R. 4137
helps us reach this goal.
Today's students and families face a number of challenges on the path
to college, from skyrocketing college prices, to needlessly complicated
student aid application process, to predatory tactics by student
lenders.
The College Opportunity and Affordability Act will address these
challenges by reshaping our higher education system so that, once
again, it operates in the best interest of students and families.
The bill will create a higher education system that is more
affordable and fair and easier to navigate for consumers.
For years, prices have been skyrocketing at colleges and universities
around the country, and we can all agree that the increase in college
aid was vital. But there's no question we must also begin to address
these rising tuition prices.
This legislation would create a new user-friendly Web site for
families with helpful information on college pricing and the factors
driving tuition increases.
The Web site would also publish lists of the most expensive schools,
the least expensive schools, and schools with the largest percentage
increase in tuition prices. Colleges with the largest increases in
tuition prices would be required to report their reasons for these
price hikes and to create a task force to examine how they can work to
keep their prices lower.
The bill would also ensure the States would hold up their end of the
bargaining by providing higher education, by establishing State
maintenance-of-effort requirements. We cannot just keep putting in
Federal taxpayer dollars at the top and having States take money out of
the bottom.
The bill would restore trust and accountability to the student loan
program. It would also provide students and families with better
protections when it comes to the often murky world of college loans.
The protections for students and parent borrowers in our bill form a
bill of rights for college consumers, including fair disclosure loan
terms to borrowers of Federal and private loans.
In addition, the bill would simplify the Federal student aid
application process and provide families with extra time to plan for
their college expenses.
The bill would also:
Make the Pell Grant scholarship available year round for the first
time and would increase the authorization for that program;
Strengthen the TRIO and GEAR UP college readiness and support
programs that are helping so many students discover that they not only
can attend college, they can succeed in college and graduate;
Expand the funding for graduate programs at the Historically Black
Colleges and Universities and Hispanic-serving Institutions and
minority serving schools;
Increase college aid and support programs for veterans and our men
and women in uniform;
To ensure equal opportunities and a fair learning environment for
students with disabilities;
And to make our college campuses safer. The bill does all of that,
and it's an important change in the higher education responsibilities
of the Federal Government and in the support for our higher education
institutions and in our partnership with the States.
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It has been a long time for this bill to come to the floor. It has
been 10 years since we reauthorized this Act. And in recognizing that
long time, I want to certainly point out the contributions made by
Congressman Buck McKeon, the senior Republican on this committee; Ruben
Hinojosa and Ric Keller of the subcommittee; and the Chairs and ranking
members of the Higher Education Committee.
But I just want to say that much of this bill reflects a lot of work
that was done by Mr. Keller, by Mr. McKeon. Certainly the provisions
dealing with college costs reflect an awful lot of work that was done
by Mr. McKeon when he was in the majority on the subcommittee and the
full committee by Mr. Tierney, on our side of the committee, to bring
this to fruition so finally we can start to not only make greater
contributions in terms of assistance to families, but also help
institutions rein in these costs, discuss these costs with parents and
students so that they can make smart choices.
I would also like to thank my committee staff for helping us craft a
strong bill, including Denise Forte, Stephanie Moore, Gaby Gomez, Julie
Radocchia, Jeff Appel, Sharon Lewis, Julia Martin, and Rachel Racusen.
I would also like to thank the many students across the country whose
voices have been so helpful in helping us to understand the changes
that needed to be made and also to voice support for this legislation
and are a very important part of this process.
I think the entire House can be proud of this legislation, and I
think it will help us build a better future for our students and for
our economy and for our country, both in terms of our economic security
and our national security. And I think it will help fulfill the vision
that all American families have for the members of their family to be
able to participate in a higher education, to graduate and to pursue
their hopes and aspirations, in making full contributions.
With that, I reserve the balance of my time.
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Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in support of the College Opportunity and
Affordability Act, and I want to begin by thanking Chairman Miller
along with Representatives Hinojosa and Keller, the chairman and
ranking member of the subcommittee, for their efforts. Representative
Castle has also been a close partner of mine in an effort to rein in
college costs. In fact, it is our effort to address the college cost
crisis that is the centerpiece of this legislation.
We know how important higher education is both to individuals and to
our Nation. A college degree can be a ticket to the middle class. It
helps individuals prepare for good jobs, and it allows them to pursue
new skills in the changing economy. Higher education also has important
societal benefits. College-educated citizens are healthier, more
civically minded, have lower unemployment rates, and use fewer
government benefits. An educated citizenry is also vital to maintaining
our competitive edge in a changing world. Because higher education is
so important, we made it a priority to ensure all Americans have access
to a quality and affordable college education.
In addition to making close to $100 billion in financial aid
available to students, the Federal Government also spends billions each
year on aid to institutions: support for college access programs,
investments in research and development, and many other avenues that
support higher education.
Despite the considerable Federal investment, or perhaps in part
because of it, colleges and universities have increased tuition and
fees year in and year out. The increases have come in good economic
times and in bad with steady enrollments and surging enrollments. It
seems the only thing consistent about college costs is that they're
going up, and fast.
With this bill, we hope to change that. Our principles for reform are
based on the idea that by giving good information to consumers, we can
empower them to exert influence on the marketplace. Through the power
of sunshine and transparency, we are lifting the veil on college costs
and holding institutions of higher learning accountable for their role
in the cost equation.
Those principles of sunshine and transparency are hallmarks of this
bill and not just in the area of college costs. We are also letting the
sunshine in on college operation and quality through enhanced
institutional disclosure and a more transparent accreditation process.
There are numerous positive reforms in this bill, too many even for
me to name. There are also a number of problems with the bill that I
hope we could resolve through the amendment process. Unfortunately,
Republicans were blocked from being full participants in this debate.
I urge the majority to work with us as we go to conference to resolve
these issues so we can get the strongest possible bill to the
President's desk.
I'm particularly concerned that in its zeal to prevent conflicts of
interest in student lending, this bill creates a patchwork of new
requirements that conflict with existing truth-in-lending rules and
disclosures. I'm a firm believer in disclosure, but I also recognize
that if we overwhelm borrowers with too much paperwork filled with
confusing and conflicting information, we may undermine the consumer
protection we are actually trying to achieve.
Right now, we know that many lenders, whether they are banks or State
agencies, are providing sound disclosures to borrowers on their student
loans. I'm hopeful that as we move into conference we can take that
information and use it to develop meaningful disclosure that will
ensure that borrowers receive the same type and quality of information
from each lender.
I'm also concerned about the number of new programs created in the
bill. Rather than trying to micromanage from Washington, by creating a
brand new program for every possible contingency, we should focus on
less red tape and greater local flexibility.
Later today, I plan to offer an amendment that moves us in the right
direction by identifying duplicate, burdensome, or unnecessary
regulations imposed on our higher education system from throughout the
Federal Government. This amendment builds on an initiative I began in
2001 in partnership with the late Representative Patsy Mink, known as
the Fed Up Project.
Mr. Chairman, there is always room to improve a bill, and the College
Opportunity and Affordability Act is no exception. However, on the
whole, this bill is an achievement of persistence and commitment. It
updates programs to meet the needs of students in the 21st century and
to use the power of sunshine and transparency to transform all aspects
of our higher education system.
Above all else, this bill offers real solutions to the college cost
crisis.
I thank Members on both sides of the aisle for their commitment to
this cause.
Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, as chairman of the Subcommittee on Higher
Education, I yield myself as much time as I may consume.
Mr. Chairman, I rise in strong support of H.R. 4137, the College
Opportunity and Affordability Act. This legislation will complete our
work on the reauthorization of the Higher Education Act and build on
the historic investment we made last year in the College Cost Reduction
and Access Act.
We opened the 110th Congress taking a fresh look at our higher
education laws. Especially, we called for ideas to close the college
access and completion gaps for low-income and minority students; to
improve the financial aid application and delivery system; to improve
preparations so that low-income and first-generation college students
are ready to succeed in college academically, financially, and
socially; leverage more resource for need-based aid; and yes, to
address the escalating cost of a college education.
This bill offers comprehensive, bipartisan solutions to all of these
issues. I would like to thank Chairman Miller and the ranking members
of the full committee and the subcommittee, especially to my good
friend Congressman McKeon of California and Congressman Keller of
Florida, for working with us to craft a bill that every Member of this
Chamber should be proud to support.
Mr. Chairman, we must be strong and determined to pass H.R. 4137
because we are falling behind in producing college graduates. During
our hearings, we learned that the United States has gone from first to
fourth place in the world for college graduates in the workplace. We
are only one of two industrialized nations where older workers are more
likely to have a college degree than younger workers. This comes at a
time when the Bureau of Labor Statistics projects a shortage of 3
million college-educated workers as early as the year 2012.
The gaps in college access and completion is large and growing for
low-income and minority students because of the high costs of a college
education. According to the Education Trust, since 1994, white students
have increased in college completion by 12 percent. African American
students have only increased by 5.5 percent, and the Hispanic students
only by 3 percent.
Given that over 40 percent of our public school children are racial
or ethnic minorities and one in five is Hispanic, it is imperative that
we act swiftly and decisively to close the gaps.
Mr. Chairman, this is what the College Opportunity and Affordability
Act will do.
H.R. 4137 will close the college access and completion gaps by
increasing the authorized Pell Grant maximum to $9,000 and providing
access to Pell Grants and the Academic Competitiveness and SMART Grants
year round.
The legislation recognizes the critical role that minority-serving
institutions will have to play if we are to produce the college
graduates our economy needs to thrive. These institutions represent
less than one-third of all of the colleges and universities in our
country, but they enroll more than half of all minority students in
post-secondary education.
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H.R. 4137 authorizes increased investments in building the capacity
of these essential institutions and ensures that they are full partners
in teacher preparation and our national competitiveness and innovation
agenda.
Additionally, H.R. 4137 includes the minority-serving Institution
Digital and Wireless Technology Opportunity program, which is a major
step forward in ensuring that these colleges and universities can
maintain a state-of-the-art educational delivery system.
I am particularly proud of our whole committee's work to strengthen
minority access to STEM fields through a youth engagement in STEM
partnerships and programs that focus on preparing teachers for these
high-need fields.
The College Opportunity and Affordability Act also addresses gaps at
the post-baccalaureate level. It has been exactly 10 years since I
introduced legislation to create a graduate program for Hispanic-
serving institutions, and with the passage of this long awaited
legislation, we will be one step closer to enacting this long overdue
program.
Additionally, our bill includes the Patsy Mink Fellowship program to
provide support for women and minorities to complete graduate degrees
and join the ranks of university faculty where they are severely
underrepresented.
H.R. 4137 will improve early college preparation by strengthening
programs that are very important to fill the pipeline such as GEAR UP,
the TRIO program, the HEP and the CAMP programs and emphasizing
financial literacy and early financial aid estimates.
I'm a strong believer of reading and writing literacy, and that's why
I am so in favor of programs such as Reading is Fundamental, which is
going to help us in graduating more students from high schools.
This bill will leverage resources through great partnerships. One
example is the new Grants for Access and Persistence program which will
leverage State and private resources to increase student aid so that
low-income, first-generation college students are prepared to enroll
and succeed in college.
This bill takes real steps to address college costs through public
information, accountability, and incentives at the State and
institutional levels to keep tuition increases low and college within
reach of all students.
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H.R. 4137 protects students and families by bringing sunshine and
real consumer protection to the student loan programs both at the
Federal and the private level.
Finally, the legislation before us today recognizes our collective
obligation to the men and women returning from war and seeking to
resume their lives. Our Nation owes all our veterans the support to
achieve their dreams through a college education after so valiantly
serving our country.
H.R. 4137 establishes a new scholarship program for veterans and
their families. It ensures fairness for veterans in student aid; it
also authorizes Centers of Excellence for veteran student success to
provide a one-stop support system on college campuses to help veterans
succeed in college and to graduate.
Mr. Chairman, this legislation is ambitious and thorough because that
is what these times demand. I encourage all my colleagues in Congress
to vote ``yes'' on H.R. 4137. Let's get this job done.
Mr. Chairman, I reserve the balance of my time.
Mr. McKEON. I am happy to yield 3\1/2\ minutes at this time to the
ranking member on the subcommittee that has the jurisdiction over this
higher education bill and commend him for all the work that he has done
for college students across the country, the gentleman from Florida
(Mr. Keller).
Mr. KELLER of Florida. I thank the gentleman for yielding.
Mr. Chairman, I rise today in strong support of H.R. 4137, the
College Opportunity and Affordability Act, which reauthorizes the
Higher Education Act.
I support this legislation because it will expand college access for
millions of worthy students primarily by strengthening and
reauthorizing the Pell Grant program and Perkins student loan program.
I know that these programs work well because I wouldn't have been
able to go to college if it wasn't for Pell Grants and student loans.
Also, as the chairman of the Higher Education Subcommittee, and now its
ranking member, I know that over 5.5 million students get Pell Grants
each year, and over 500,000 of these students also get Perkins student
loans, which, together, are the passport out of poverty for so many of
these young people.
I'm going to limit my remarks today to the Pell Grant and Perkins
loan sections of the bill since they are, in my view, the heart of this
legislation.
First, with respect to Pell Grants, Pell Grants are money we give to
children from low- and moderate-income families to pay for their
college tuition, books, and fees that they never have to repay. This
bill strengthens the Pell Grant program by providing year-round Pell
Grants to help college students get through college quicker and by
increasing the authorization levels.
This legislation also, at my request, has included language which
eliminates a wasteful spending loophole that had allowed convicted
pedophiles and rapists to get Pell Grants even though Congress passed a
law in 1994 making it illegal for prisoners to get Pell Grants. In my
home State of Florida, for example, this loophole was exploited by 54
sexual predators who were able to get over $200,000 in Pell Grants.
By passing this legislation, we will take money out of the hands of
convicted predators and put it back into the hands of needy, law-
abiding college students where it belongs.
With respect to the Perkins loan program, these are very attractive,
low, fixed rate at 5 percent student loans for children of low- and
moderate-income families. This legislation will strengthen the Perkins
loan program by increasing the loan limits for undergraduate and
graduate students and expanding loan forgiveness to now allow
firefighters to have their Perkins loan forgiven, as well as nurses,
teachers, and police officers.
In closing, I want to thank Chairman Miller for his hard work,
Ranking Member McKeon and Chairman Hinojosa for working together in a
bipartisan spirit. This legislation is good for students; it's also
good for our Treasury. The expert studies show that by investing $16
billion in Pell Grants, it can help yield up to $85 billion in
additional tax revenue because the average college graduate makes 75
percent more than the average high school graduate.
I urge my colleagues to vote ``yes'' on H.R. 4137. Let us work
together in a bipartisan manner to make sure that all children, rich or
poor, have the opportunity to get their dream of a college education.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize the
distinguished gentleman, the majority whip of our caucus, the gentleman
from South Carolina (Mr. Clyburn) for 2 minutes.
Mr. CLYBURN. Thank you for yielding me the time.
Mr. Chairman, I rise today in support of H.R. 4137, the College
Opportunity and Affordability Act. Chairman Miller and his staff are to
be commended for putting together a bill that will aid thousands of
needy students.
Mr. Chairman, this legislation will ease the financial burdens being
placed on working families paying high costs for post-secondary
education. Passage of this bill will make post-secondary education more
attainable and affordable for all Americans.
H.R. 4137 allows students to receive Pell Grants year-round. This
bill also provides incentives to those colleges and universities that
work to limit their tuition increases.
As a proud graduate of South Carolina State University, a
historically black university in South Carolina, Orangeburg, I am
pleased to see that this legislation enhances the HBCU Capital
Financing Program's lending and eligibility criteria.
And in light of the hardships suffered by those students who had
their schools destroyed by Hurricanes Katrina and Rita, this
legislation establishes a program to help schools rebuild in the event
of a natural disaster.
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This education package also helps colleges implement enhanced campus
safety and disaster readiness plans.
Our Nation's continued prosperity is dependent upon the investment
that we make in securing the futures of our children and grandchildren.
This legislation will help to maintain America's strong global standing
by providing our students the tools and resources they need to be
competitive in a transnational economy.
I encourage my colleagues to support this bill.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 4 minutes
to the gentleman from Indiana (Mr. Souder).
Mr. SOUDER. I thank the gentleman from Florida.
Often our differences in this body can be fairly sharp and our
disagreements can be fairly significant over which direction our
country should actually head, and such debate is very healthy in a
democracy and vital to getting good policy. But there are other times
when, in fact, we can work together, and this bill is an example where
we can work together.
There are multiple examples in this bill where we fundamentally
agreed, and there were other things we worked through in the amendment
process. One important component of this originally Chaka Fattah and I
sponsored; it was originally called High Hopes. President Clinton
adopted that as GEAR UP as one of his major programs. Obviously, this
is a little difficult on the Republican side, but we managed to pass it
through in a Republican Congress with a Democrat President. We held it
as a Republican Congress with a Republican President. And now with a
Democrat Congress and Republican President, GEAR UP continues to expand
and be a very effective way for low-income students to have the hope,
if they keep good grades and stay out of trouble, to be assured that
they can be eligible for student loans, Pell Grants, and other things
to provide a promise of a future education.
We also worked as we tried to tackle things like long-distance
learning and online learning, which is a growth category. I appreciate
the majority's willingness to work on how colleges and these new
experimental universities can work towards distance learning and
expanding without having the heavy hand of government make
determinations of when they can and when they can't. There have to be
substantive objections, not arbitrary guidelines. And they worked on
the language to make sure that was the case.
We had another technical issue on cohort measurements on student
loans that some private universities, particularly those that are more
trade-oriented, as well as minority-based organizations in the original
draft of this bill, could have seen them go into default. And many low-
income, minority, and trade colleges and so on would have been in deep
trouble. But the majority took an adjustment in that cohort. Yes, if a
college is underperforming and not providing education that is so
necessary to students, it should be disqualified from the student loan
program; but we have to make sure that colleges, and trade areas in
particular, don't get arbitrarily knocked out because often they're
reaching the very people we're trying to attract into higher education.
I appreciate the majority.
There has also been a provision that I had in the higher ed bill
years ago that caused some consternation. I want to make sure that the
record shows that we were able to work on the student loan provision
that says if you get convicted of a drug crime, you are suspended from
your student loan; that we have provisions in this bill, working with
the majority, to make sure how the drug tests are done so that if you
test clean twice, you can get your loan back. We have provisions here
that make it clear that each institution of higher education shall
provide each student, upon enrollment, a separate, clear, conspicuous
written notice that addresses this question.
This was very important because this provision was meant as a
deterrence, not as a punishment. If a student is at a party and
somebody says, hey, do you want to try this, you ought to try this pot.
This will work really well; this will get you high. This meth may keep
you so you can stay awake to study, you can say, look, I could lose my
loan here and lose everything I have. It's one more arsenal in your
ability to fight illegal narcotics and stay in school. Furthermore, if
you're on narcotics, your performance inevitably will drop over time.
This provision has received bipartisan support. We have continued to
clarify it. And I want to make sure that, unlike previous times when
this was interpreted to apply to everybody, or if you had committed a
crime before, you could lose your loan, a student is a student is a
student. It says, if you have your loan, you can lose your loan. It has
nothing to do with people who rehab; it has nothing to do with people
who maybe were in college for 2 years, went out, had problems, and then
come back. We want those people in school. And I hope the
administration this time will interpret this, regardless of which party
it is, correctly. And I want to make sure that the Congressional Record
shows what the intent of Congress was.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize the gentleman
from Illinois, the Democratic Caucus Chair, Congressman Rahm Emanuel,
for 2\1/4\ minutes.
Mr. EMANUEL. Mr. Chairman, the FAFSA form that students and their
parents have to fill out every year for student aid is over 100
questions, over eight pages long. If a company is applying for an
export/import loan from the government, it's 13 questions, one page
long. But a kid is going to college and his parents have to fill out
over 100 questions.
Let me read you some of the questions. Go to page 8 and complete the
columns on the left of worksheets A, B and C. Enter the student totals
in questions 44, 45 and 46, respectively. Worksheet B, first of 12
items; payments to tax deferred pension and savings paid directly or
withheld from earnings, included, but not limited to, amounts reported
on the W-2 form in boxes 12-A through 2D, codes, D, E, F, G, H and S.
If you can fill that out, skip college, go to graduate school.
Now, thankfully for the chairman, we have now put in here to
streamline this and create an easy form so this is not one of the
leading causes of divorce in America, the College Aid Plan. And if a
company can get lawyers and accountants to fill out a one-page form and
get a big loan for $200 million from the government, taxpayer
subsidies, kids trying to go to college and achieve the American Dream
should have something as easy as a big company has. And, thankfully,
this legislation would accomplish that.
When I ran for office, I used to, and I still do, visit fire
stations. And Pat Kehoe, who is a captain in the Chicago Fire
Department, was the one that turned me on to the notion of what he and
his wife have to do every year to try to get student aid so their kid
can go to the University of Illinois. And every year they have to fill
out a form like this.
The goal here is for government to finally catch up and get to where
the private sector has been, which is creating easy forms, things that
they can do online and get rid of all the bureaucracy and all the
paperwork.
Earlier this year, we passed the largest increase in college aid
since the GI Bill. This legislation will build on that reform so we
finally make sure that college aid, in the period and the era of where
you earn where you learn, is accessible to middle-class families and
their dreams that they have for their children.
Mr. KELLER of Florida. Mr. Chairman, I note that Mr. Emanuel's
extension was shorter than even his form that he's seeking here, but
we're in broad bipartisan support of that simplified process. It was a
wonderful idea, and I'm glad we could work with him.
At this time, I yield 1 minute to the gentleman from Nebraska.
{time} 1300
Mr. SMITH of Nebraska. Mr. Chairman, since being elected to Congress,
I have had the opportunity to speak with young students throughout the
Third
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District of Nebraska. They are smart and sharp, and we need to do
everything we can to encourage them. Unfortunately, however, many rural
States have seen what we call ``brain drain'' in recent years. As the
depletion occurs, we lose our most vital economic asset to more
populated areas. Responsible policy is needed to retain and grow our
workforce to make our rural communities more competitive in this modern
economy.
The College Opportunity and Affordability Act seeks to address this
by encouraging economic development partnerships. These partnerships
would be formed between rural colleges and universities and rural
employers. This would provide additional career training to students
attending rural schools in fields significant to the local economy. It
also would encourage rural businesses to employ students once they
graduate.
I thank the chairman and ranking member for working with me to target
these partnerships to the areas in the most need.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize the gentleman
from New Jersey, a distinguished member of our Higher Education
Subcommittee (Mr. Holt), for 2 minutes.
Mr. HOLT. Mr. Chairman, I would like to commend Chairman Miller and
Mr. McKeon for producing a strong piece of legislation. The College
Opportunity and Affordability Act does what the name suggests. It
expands affordability and access to college education for the broadest
range of Americans. It expands Pell Grants, the basis of financial aid,
and I'm pleased to say it allows Pell Grants to be used year round and
for certificate programs and part-time students, something I have been
working on for a long time.
The bill does many other things, including some initiatives that I
have been working on. It empowers small and community colleges to
provide child care programs so that working mothers can attend school.
It includes grants and loan forgiveness for math and science students
who pledge to conduct service in math and science fields after
graduation. It includes grants for foreign language partnerships
between local schools and language departments at institutions of
higher learning and grants to institutions that will combine science
with foreign languages.
I am pleased that in the Education and Labor Committee we were able
to pass an amendment so that this bill would create an Assistant
Secretary for International and Foreign Language Education.
I am pleased to note further that the bill will direct the Institute
of Medicine to study how to deal with the shortage of nurses that's
created by the shortage of nursing faculty.
These initiatives are part of a large effort to make it easier for
students to finance their education and an effort to strengthen the
quality of education that they receive. This is a good bill. I look
forward to working with Members of both parties to see it become law.
Mr. HINOJOSA. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Walz of Minnesota) having assumed the chair, Mr. Pastor, Chairman of
the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
4137) to amend and extend the Higher Education Act of 1965, and for
other purposes, had come to no resolution thereon.
____________________
PERMISSION TO REDUCE TIME FOR ELECTRONIC VOTING DURING FURTHER
CONSIDERATION OF H.R. 4137
Mr. HINOJOSA. Mr. Speaker, I ask unanimous consent that, during
further consideration of H.R. 4137 pursuant to House Resolution 956,
the Chair may reduce to 2 minutes the minimum time for electronic
voting under clause 6 of rule XVIII and clauses 8 and 9 of rule XX.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
____________________
COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 2007
The SPEAKER pro tempore. Pursuant to House Resolution 956 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 4137.
{time} 1305
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 4137) to amend and extend the Higher Education Act of
1965, and for other purposes, with Mr. Pastor in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose earlier today, the
gentleman from Texas (Mr. Hinojosa) had 10\1/2\ minutes remaining. The
gentleman from Florida (Mr. Keller) had 16 minutes remaining.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 2 minutes
to the gentleman from New York (Mr. Fossella).
Mr. FOSSELLA. I thank the gentleman for yielding.
Mr. Chairman, I would like to call attention to two provisions in
this legislation, one in the manager's amendment and one in the
underlying legislation passed in the Education and Labor Committee. The
first provision allows colleges and universities to apply for a non-
Federal matching grant for fire prevention technologies through an
already established program via the Department of Education. These
funds will be used to professionally install fire prevention devices in
student housing, dormitories, and other buildings on campus. More
people are alive today, we know, Mr. Chairman, because of fire
detection, and this provision will help prevent fires in college
housing and save many lives in the process.
We don't need to be reminded of, for example, Seton Hall University
several years ago that had a devastating fire in one of the college
buildings that resulted in student deaths. The last thing, I think, a
parent wants to discover or hear is that their child was injured or,
worse, killed in a fire while away at college.
The other provision was included in the manager's amendment with the
help of Chairman Miller and Ranking Member McKeon. The provision will
provide colleges and universities with additional funds to acquire
security cameras, intrusion detection sensors, and other technologies
to protect students, faculty, and campus visitors. Allowing colleges
and universities the opportunity to use these funds will provide the
higher education community with a safer environment, again, one where
parents can go to bed at night not worrying whether or not their
children are safe so far away from home.
As we all have colleges and universities, chances are, throughout the
country in our districts, whether St. John's University in Staten
Island or Wagner College, we all know that this funding and these
provisions will go a long way to help their campuses become more secure
and more safe.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a very well-
recognized member of our Education and Labor Committee, the gentleman
from New York (Mr. Bishop) for 2 minutes.
Mr. BISHOP of New York. I want to thank Chairman Miller and Chairman
Hinojosa and Ranking Member McKeon and Ranking Member Keller for their
good and bipartisan work on this bill. This is, in fact, a bipartisan
effort. It passed out of the Education Committee by a unanimous vote,
and I think that that suggests that this is a very good product. It
closely resembles the Senate bill, so we should be able to conference
it quickly, and it continues the strong work that this Congress has
done on a bipartisan basis to improve access and affordability for
higher education.
We have twice now, on a bipartisan basis, saved the SEOG program and
the Perkins loan program. We have increased the Pell Grant maximum, and
we have cut interest rates in half.
Let me just go over a couple of the high points of the bill.
[[Page 1616]]
It strengthens the Perkins loan program, a loan program that the
administration seems determined to kill but has broad bipartisan
support in this Congress. We've increased the maximums that students
may borrow. We also have mandated that the assignment of the proceeds
of defaulted loans that are collected by the department will reverse
back to the campus revolving loan funds so that those loan funds will
remain fully funded. It increases the cohort default rate window so
that the default rate is now measured over a 3-year period as opposed
to a 2-year period. That will protect students and it will also provide
greater accountability and stewardship of taxpayer funds. It restricts
the Secretary's authority with respect to negotiated rulemaking on
accreditation standards, and this is important as many believe that an
effort is underway to federalize education, and we believe that these
aspects of higher education are best left to higher education
professionals. It reinstates the Federal role in supporting cooperative
education. It simplifies the FAFSA process. It has very clear language
on transfer of credit. And it incorporates the full provisions of our
Student Loan Sunshine Act.
So from every vantage point, this is a first-rate piece of work, and
I urge my colleagues to support it.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentleman from Pennsylvania (Mr. Tim Murphy).
Mr. TIM MURPHY of Pennsylvania. I thank the gentleman for yielding.
And I would also like to thank Chairman Miller and Ranking Member
McKeon for assistance in putting a very important part into this bill.
Universities have no trouble finding parents when it comes time to
ask for the tuition check. And, sadly, schools can find parents when
tragedies occur, such as Virginia Tech, when it comes time to call a
parent to give them bad news on what happened to their student. But one
of the greatest fears parents have is their students' safety while they
are at the university or college. And a while ago, when a gunman killed
32 people and wounded others, it was just one of the tragedies that
occurs on campus. There are many other stories as well.
In my district in Pennsylvania, Charles and Debi Mahoney lost their
son, Chuck, to suicide. And as he suffered from depression, his
fraternity brothers, his ex-girlfriend, and college therapist, et
cetera, all knew he was in danger and warned the college. But a legal
barrier under the Family Educational Rights and Privacy Act of 1974,
known as FERPA, prevented the school from notifying Chuck's parents,
who could have gotten him the help he needed.
Unfortunately, Chuck's story is not unusual. Each day an average of
three college students commit suicide. While in college, 11 percent of
men and 9 percent of women consider suicide. While they may not all act
on their thoughts, we need to ensure schools are able to contact
parents to get them the help they need not only for the safety of the
child but also of others on campus.
Parents may be in the best position to help students suffering from
significant mental illness by providing emotional support, medical
history, coordinating care with various mental health and medical
professionals, and long-term follow-up. Parents will be around long
after the school is gone.
Today we are breaking down the legal barrier preventing schools from
communicating with parents. Section 865 of the bill before us today is
modeled after the Mental Health Security for America's Families in
Education Act, H.R. 2220, which I authored. It will prevent future
campus tragedies by requiring the Secretary of Education to clarify
FERPA so schools can contact parents when a student is at risk of
suicide, homicide, or physical assault. It will also protect schools
acting in good faith from liability.
This is a good bill that will make college campuses safer. It will
give families peace of mind.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a former
Cornell College professor and now member of the Education and Labor
Committee, the gentleman from Iowa (Mr. Loebsack), for 2 minutes.
Mr. LOEBSACK. Mr. Chairman, I think I will probably speak just 1
minute, but thank you. I appreciate that very much.
As a long-time political science teacher at Cornell College in Mount
Vernon, Iowa, I am proud to join in support of this bipartisan
legislation. I know the college system well. In addition to my teaching
experience, I have visited the colleges and universities throughout
Iowa's Second District. I have heard firsthand the struggles students
face. By expanding the year-round Pell Grant, the students I've met
with, especially at Iowa's community colleges like Kirkwood and Indian
Hills, will be able to expedite their studies, enter the workforce
sooner, and achieve the American Dream.
I am also pleased to see many rural education provisions in this
bill. In Iowa, 46 percent of schools are in rural areas, and they serve
close to 170,000 students. Iowa's rural education system is impressive,
but we should be doing more to give rural students the resources they
need to succeed.
This legislation makes college more affordable and accessible to
students, and I strongly support it and in no small measure because,
again, of the bipartisan support that so many folks on this committee
have demonstrated.
Mr. KELLER of Florida. Mr. Chairman, at this time I reserve the
balance of my time.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize my friend and
colleague, the gentlewoman from New York (Mrs. McCarthy) for 1\1/2\
minutes.
{time} 1315
Mrs. McCARTHY of New York. I thank the gentleman from Texas.
I stand in strong support of H.R. 4137, the College Opportunity and
Affordability Act. Our Nation's future is in our education, and we must
ensure our students have access to affordable higher education that
will prepare them to excel in the global economy. I want to thank
Chairman Miller and his staff for all the hard work that they did to
get this bipartisan bill out of committee and to the floor and also to
Ranking Member McKeon. I would also like to thank the chairman for
including some key priorities of mine.
The legislation authorizes Project GRAD USA as an ongoing Federal
program. This national program has successfully increased the number of
low-income students to attend college and earn degrees. We are also
providing opportunities for nurses as our Nation faces a severe nursing
shortage by creating programs to increase the number of nursing
students and nurse educators. Degrees also from rabbinical schools
which will be able to continue to be recognized at the equivalency of a
bachelor's degree.
We all understand the need for increased campus security. This
legislation will improve current campus safety policies to ensure
students are protected and will include improvements to emergency
response policies and whistle-blower protections for students.
Career and technical schools will offer a great alternative to
traditional 4-year colleges and are especially helpful to students in
my district.
By passing this bill, we will improve current law for career colleges
and technical school students by providing students with more
opportunity to attend these vital institutions and enter the global
economy with marketable skills.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Chairman, I thank my colleague for yielding.
I start with these basic truisms: that higher education is not a
luxury, it is a public good; that access to higher education is
critical for maintaining our global competitiveness; that many of our
economic competitors overseas invest more in higher education
institutions than we do; and that research shows that 80 percent of the
1.7 million new jobs expected to be created by the end of the decade
will be occupations requiring a higher-education degree.
I believe the Federal Government has a significant role in the very
earliest
[[Page 1617]]
part of a child's education, prekindergarten, providing grants to
incentivize our local communities to begin to think about educating our
very, very young, and that it has a requirement to make sure that young
people in our schools don't fall through the cracks or gaping holes.
But I am absolutely certain from my heart that the Federal Government
needs to play a much more significant role in higher education.
I, as a Member of Congress, have opportunities at community meetings
to meet with constituents like all of you do. And I will never forget,
about 5 years after I was elected, a young woman came to me and said, I
want to tell you a story, and I was waiting until my youngest brother
graduated from graduate school. She said, my father died when I was 12
years old, and I am the oldest of seven children. She said, my mother
was a school teacher. She said, my mother had one determination, that
we would all graduate not just with a university college degree but
with advanced degrees, all seven. And she said, just a few weeks ago,
my youngest brother did, in fact, graduate. She said, there is a doctor
of medicine in my family, a doctor of philosophy at a university, a
lawyer, a school teacher with advanced degrees, and I am forgetting the
other three what they had. But they all had advanced degrees. And this
was someone who knew the value of education, a school teacher.
I am continually reminded about the impact of what we did with our
GIs after World War II and the stimulation this had for our economy.
And I think of countries like Ireland today that are providing free
education, advanced-degree education, and what it has done for their
economy.
To end, this young woman with six younger siblings, all with advanced
degrees, said, I can't say they are happier, but I can tell you this,
that they have far more options, that their income is higher, they have
more choices, and they can make a greater contribution to society.
I hope that we can continue to work on this legislation. I think it
is a major step forward.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize a distinguished
member of our Education and Labor Committee, Mr. Rob Andrews from New
Jersey, for 1\1/2\ minutes.
Mr. ANDREWS. Mr. Chairman, I congratulate Chairman Hinojosa, Chairman
Miller, Mr. Keller and Mr. McKeon for their excellent work on this
bill.
In the global economic competition, the difference between winning
and losing is having skilled workers or not having skilled workers.
This bill takes a major step forward in making sure that we have
skilled workers, that America puts its best team on the field at all
times.
There are two specific areas I commend the leadership of the
committee for including in this bill. The first has to do with autistic
men and women. A lot of autistic children make great strides in their
lives and they become very able, very empowered people. But then they
graduate from high school, and they age out of their education, and the
supportive, intensive learning environment that they need is very often
no longer there.
This bill has provisions to help establish residential, high-quality,
post-secondary programs for autistic men and for autistic women.
This bill says to the men and women who wear the military uniform of
our country that when they come back to campus, they will be welcome.
An anomaly in the existing law says that a young man or a young woman
who is deployed and goes overseas and fights for our country, when he
or she comes back, they may be treated as a returning student, has had
a gap in their student life, which means they go to the back of the
list for enrollment in special courses, for financial aid and for many
other purposes. This bill corrects that and recognizes that when a
young man or woman serves, they should be rewarded. We should all
support this bill on a bipartisan basis.
Mr. KELLER of Florida. Mr. Chairman, at this time we will continue to
reserve the balance of our time.
Mr. HINOJOSA. Mr. Chairman, at this time I am pleased to recognize
the honorable gentleman from Massachusetts, Congressman John Tierney,
for 2 minutes.
Mr. TIERNEY. I thank the chairman.
This is all about access and affordability. It is foremost in
people's minds, whether you speak to people in the business community,
you talk to academics or elected representatives or families and
students, they are talking about opportunity for individuals, talking
about the national economic security of this country and our need for
innovators, for leaders, for people in the science, technology,
engineering and math fields, and in business we are talking about
global competitiveness, the need to have people with more than just a
high school degree in order to lead our businesses and fill our jobs.
This bill addresses these concerns, and it builds on last summer's
college cost reduction bill which put $20 billion in over the next 5
years, additional Pell Grants to get more students into college, and
reduction of loan interest rates so students will be able to afford
those loans they were forced to take.
This present bill speaks to cost containment. It has a provision in
there for public higher education, for maintenance of efforts. This is
a partnership between the Federal Government, between families and the
students that are involved, and States. This maintenance of effort will
no longer allow States to supplant their obligation by taking Federal
aid or raising tuition and fees. They will have to step up to the plate
on a rather modest level required in order to get the benefit of
getting aid that other people would get.
This bill also has a provision for all universities and colleges that
if they keep their tuition and fee increases below the higher education
price index, then they will be rewarded for additional grant money on
their campuses to distribute among Pell student recipients; and if they
make the promise over 5 years and keep it, they will get additional
bonuses as well.
We have a ``service pays'' provision in there for people that are
going into public service jobs, from prosecutors to teachers going into
difficult areas, to health care and public health people, loan
forgiveness of up to $10,000 to smooth their way on that basis,
alternative paths to teaching. For those people that are in mid-career
and decide they want to teach, we have offered partnerships to make
that happen to enhance our Teacher Corps. We have endowment information
so we can find whether or not the public policy of allowing people to
not pay taxes if they donate to schools actually has a result of going
into education.
All of these things are important. This is a good bill. We respect
the fact that it came out of committee in unanimous form, and we look
forward to support on the floor.
Mr. KELLER of Florida. Mr. Chairman, at this time I yield 3 minutes
to the gentlewoman from Washington (Mrs. McMorris Rodgers).
Mrs. McMORRIS RODGERS. Mr. Chairman, our economy is growing more
diverse and increasingly global. American competitiveness and ingenuity
is dependent on a skilled workforce that reflects the needs of our
economy.
As the first in my family to graduate from college, I realize the
value and importance of a good education. It is the doorway to success
and a critical piece to making our country more competitive in a global
economy. Countless studies also detail how dramatically income
increases with each successive achievement in education from high
school, college, to advanced degrees.
As someone who is still paying off student loans, I understand the
challenges faced by parents and children who watch the dramatic
increases in the cost of a college education. While I don't agree with
every provision in this bill, I am pleased that we have a bill that
aims to improve America's competitiveness, seeks to make college more
affordable, and cracks down on fraudulent practices of diploma mills
where people manufacture fake diplomas.
First, this bill includes language that I have been working on for a
couple of
[[Page 1618]]
years to improve our competitiveness. Today, we often hear that over
half of China's undergraduate degrees are in math, science, or
engineering. Unfortunately, only 16 percent of American undergraduates
pursue these fields. In 2002, foreign nationals accounted for over half
of all engineering and math doctorates and almost half of all computer
science doctorates.
To meet the demands of an increasingly technological, advanced global
marketplace, we must improve the training and the education of our
Nation. Through the Byrd Honors Scholarships, we will refocus the
program to award graduate and postgraduate scholarships to U.S.
students studying math, science, engineering, or computer science
providing they agree to work in the field for 5 years following their
graduation. In addition, this bill includes a compromise to incorporate
adjunct content specialists into the Byrd scholarship program to
provide grants to schools to recruit adjunct content specialists from
experts in math, science, and critical foreign languages.
I have worked diligently on this since coming to Congress. We need to
allow qualified professionals to take time out of their career and
enter the classroom and share the real-world experience. I believe our
education can be improved if we allow smart and successful people, like
a Bill Gates, to spend some time in the classroom.
However, we are not simply seeing a shortage of engineers and
scientists. America must focus and train all demand skills, including
home-grown welders, plumbers, auto mechanics, lab technicians, doctors,
nurses, and pharmacy techs. In my eastern Washington district,
manufacturers are turning away job applicants because they do not have
the math skills needed.
Mr. GEORGE MILLER of California. I yield 1 minute to the gentleman
from New Jersey (Mr. Pascrell).
Mr. PASCRELL. Mr. Chairman, I support H.R. 4137. It is a great piece
of legislation. I commend Chairman Miller and Ranking Member McKeon and
all the members of the committee. I think that this is truly visionary
with regard to the cost, restoring integrity and accountability, and
expanding college access.
I am the first member of my family to have the opportunity to go to
college. I deeply appreciate what the committee has done. There is one
part of the bill I want to provide emphasis to and that is the fire
safety part. I have worked on this issue for over 7 years. I was deeply
involved in the issue after the horrific fire at Seton Hall University
in South Orange in 2000. We lost three students. Fifty-eight other
students were injured severely.
This horrible tragedy made it clear that something needed to be done
to educate students, their families, the faculty and the staff about
the dangers of fires on campuses; and that is why I introduced the
Campus Fire Safety Right to Know Act. Parents and students have a right
to know about the school's campus fire safety policies and records.
I ask full support of this legislation, and I thank the committee
members again for the great work they did.
I rise today in strong support for the College Opportunity and
Affordability Act, H.R. 4137, and I commend Chairman Miller and Ranking
Member McKeon for bringing this worthy measure to the floor.
This comprehensive, bipartisan bill will reauthorize the Higher
Education Act through FY 2012 while addressing concerns about the cost
of education, restoring integrity and accountability to student loan
programs, expanding college access and support for low income and
minority students, and strengthening our workforce and competitiveness.
In addition, H.R. 4137 addresses an issue that I have made a priority
for over 8 years, which is vital to the safety and security of American
college students--fire safety on our college campuses.
The statistics relating to fire safety on college campuses are
startling. Each year, thousands of fires rage through the campuses and
off-campus housing of our colleges and universities.
I became deeply involved in the issue of campus fire safety after
experiencing the terrible aftermath of a catastrophic fire at Seton
Hall University in South Orange, New Jersey, in 2000. That fire killed
three young freshmen and wounded 58 other students in a dorm on campus.
This horrible tragedy made it clear that something needed to be done
to educate students, their families, faculty, and staff about the
danger of fires on the campuses of our colleges and universities.
As such, I introduced the ``Campus Fire Safety Right to Know Act,'' a
version of which is included in the bill we are considering today.
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 of the school's campus fire 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.
I want to once again state my strong support for this legislation. As
the first member of my family to attend college, I applaud the Chairman
and 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.
{time} 1330
The CHAIRMAN. The gentleman from Florida has 6\1/2\ minutes. The
gentleman from California has 1 minute.
The gentleman from California has the right to close.
The Chair recognizes the gentleman from Florida.
Mr. KELLER of Florida. Thank you, Mr. Chairman.
Let me just compare where we are today in Pell Grants versus where we
were in 2000 when I was elected to show you why I have so much optimism
about the good things being done in this bill and others.
In 2000, there were 3.9 million students getting Pell Grants. This
year, 5\1/2\ million students are getting Pell Grants. In 2000, the
maximum award was $3,300 per student. This year, it is about 4,800 per
student, and based on the College Cost Reduction and Access Act that
President Bush signed into law in September, it is going to go up to
$5,400 in the next couple years. In 2000, our overall Pell Grant
funding was $7.6 billion. Now it is double that amount.
We have made a substantial investment in the lives of these young
people to make sure that every single child in America, rich or poor,
has the opportunity to get a college education. We have reason for
optimism. We are working together in a bipartisan manner on these
higher education issues, and I urge my colleagues to support this
legislation.
I reserve the balance of my time.
Mr. GEORGE MILLER of California. I have 1 minute and I just have one
speaker left.
Mr. McKEON. Mr. Chairman, I would be happy to yield 2 minutes to my
colleague on the other side, the gentleman from Wisconsin (Mr. Kind).
Mr. KIND. Mr. Chairman, I thank my good friend and colleague from
California for yielding me time.
Mr. Chairman, I rise in strong support of the reauthorization of the
Higher Education Act before us today. As a former member of the
Education and Workforce Committee, I am proud of the bipartisan work
that the committee has done on this legislation. In fact, it is one of
the most important pieces of legislation we will be considering all
year, because we are talking about access and affordability for more
for students to be able to go and develop the skills they need to be
competitive in the global marketplace.
I also want to especially thank a number of individuals who helped
include in this reauthorization the Realtime Writers Act, which is
vitally important. In the 1996 Telecom Act, we mandated that every
television station had to have closed captioning for the hearing-
impaired community. The problem is we are not producing enough students
with those real-time captioning skills in order to meet that mandate.
Furthermore, virtually every courthouse throughout America is
experiencing vast shortages of official court reporters, who are the
guardians of our public record, and yet we are not producing the
students in order to meet
[[Page 1619]]
that pent-up demand and pursue that noble and important career.
I want to thank Representative Andrews, who was helpful in steering
this and making it a part of the Higher Education Act. Mr. Regula was a
cosponsor of the original legislation with me. Senator Harkin has been
the leader and champion on the Senate side to promote this bill. And I
thank them for their support as well as the terrific work of the
National Court Reporters Association in educating our colleagues.
I also want to commend Representatives Hare and Loebsack for the
amendment that they offered and got adopted in this legislation that
would provide competitive grants for rural leadership training skills
for superintendents and principals throughout the country.
As those on the committee are well aware, we are facing a demographic
challenge, with over 50 percent of the superintendents and principals
about to retire in this country in the next 5 years. Not only is
quality teaching in the classroom important, but also the quality of
leadership in schools and school districts around the country is
vitally important as to how well those schools are going to perform for
our students.
So, again, I commend the committee for the work product that they
have before us today, the bipartisan work that they have been able to
do, and I encourage my colleagues to support this reauthorization.
Mr. McKEON. Mr. Chairman, I yield myself the balance of my time.
For years, Republicans have fought on behalf of students and families
to make college more affordable. Now our cause is bipartisan and our
vision for reform is the centerpiece of comprehensive Higher Education
Act reauthorization.
For students and families grappling with rising college costs, this
bill establishes college affordability comparison tools to help put
cost increases into perspective. Students will be able to search, sort,
and compare key cost indicators for every school in the country. We
will identify institutions that are the most costly, the least costly,
and those with the fastest rising costs. And for schools engaging in a
pattern of extraordinary high cost increases, we demand greater
disclosure and concrete steps to identify inefficiencies and fix them.
This legislation reflects Republican principles for reform, including
financial aid simplification, protection of student privacy, safeguards
for taxpayer dollars, emphasis on competitiveness, and many more
positive reforms.
We would not have this bill before us today without the hard work of
staff on both sides of the aisle. I want to thank Amy Jones in
particular for her tireless efforts to ensure this bill includes
meaningful college cost reforms. I also want to recognize Brad Thomas
and Susan Ross on my staff, along with outgoing staff director Vic
Klatt and his successor, Sally Stroup, a higher education policy expert
in her own right.
I would also like to recognize Chairman Miller's staff, including
Gaby Gomez, Julie Radocchia, and Jeff Appel.
Throughout the day, we will consider a number of amendments. Some
would make the bill stronger, while others are unquestionably bad
policy that would send us backward. However, it is the give-and-take of
a bipartisan legislative process that has produced the strong bill
before us, and I am hopeful that at the end of the day we will be able
to secure strong, bipartisan passage of this bill, to make our higher
education system more accessible and affordable.
Mr. Chairman, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield the balance of
my time to the gentlewoman from New Hampshire (Ms. Shea-Porter), a
member of the committee.
The CHAIRMAN. The gentlewoman is recognized for 1 minute.
Ms. SHEA-PORTER. I thank Chairman Miller for his leadership on this
bipartisan legislation.
Mr. Chairman, I rise today to express my strong support for H.R.
4137, the College Opportunity and Affordability Act. Last year, the
Democratically led 110th Congress cut interest rates on student loans
in half over a 5-year period in order to help American families pay for
college.
This year we have continued our commitment to the poor and to the
middle class by expanding college access. College loans are getting
more expensive. By working and through student loans, I was able to
attend college full time, but today, many students can only attend part
time because of financial or family obligations. They also have to
attend summer sessions so they can get through college more quickly.
This legislation will help them by expanding Pell Grant eligibility for
these part-time, year-round students.
One of this Congress' priorities is to make it easier to earn a
college education. This legislation honors our commitment. As a member
of the Education and Labor Committee, I proudly support this
legislation and I urge my colleagues to do the same.
Mr. SCOTT of Virginia. Mr. Chairman, I rise today in support of the
College Opportunity and Affordability Act of 2007. I would like to
thank Chairman George Miller, Ranking Member McKeon, Chairman Hinojosa,
and Ranking Member Keller for their work on this bill, which goes a
long way toward making higher education attainable for all.
The College Opportunity and Affordability Act of 2007 contains
several helpful provisions for students. First, the bill increases the
authorized maximum Pell Grant award from $5,800 to $9,000. In addition,
the bill further decreases student interest rates. The bill also
includes a feasibility study on giving students more flexibility in
refinancing their loans by making student loans more like home
mortgages, in which borrowers can switch back and forth from variable
rates to fixed rates as the market's conditions change.
H.R. 4137 increases support for Historically Black Colleges and
Universities and Minority Serving Institutions.
This bill also helps schools affected by a disaster. An Education
Disaster and Emergency Relief Loan Program is created to provide
emergency loan funds to schools after a Federal declared major disaster
or emergency, including those schools affected by the 2005 Gulf
Hurricanes. Additionally, the bill requires the Secretary to create a
disaster relief plan for schools and LEAs adversely affected by
disasters.
The College Opportunity and Affordability Act of 2007 also addresses
several additional critical issues. The bill provides loan forgiveness
for areas of national need, including early childhood educators, child
welfare workers, school counselors, and mental health professionals. In
addition, the bill creates a grant program, to help nonprofit
organizations, in collaboration with higher education institutions and
their students, that seek to promote cultural diversity in the
entertainment media industry. Finally, the bill creates a new
competitive grant program to strengthen and develop college-level
programs in the rapidly growing field of modeling and simulation.
I am pleased that the bill also includes a study to be performed by
GAO on whether any race, ethnicity, or gender biases are present in the
design of standardized tests used for admission to institutions of
higher learning. This language should enable GAO to acquire data from
the testing companies because of the link between the tests and the
federal money that the schools receive who use these admissions tests.
H.R. 4137 also seeks to make campuses more safe by creating a
National Center for Campus Public Safety to train campus public safety
agencies, encourage research to strengthen college safety and security,
and serve as a clearinghouse for the dissemination of relevant campus
public safety information. The bill also requires the Department of
Education to conform hate crime reporting requirements to FBI
guidelines to more accurately report incidents of hate crimes on our
campuses.
Finally, the bill includes several positive changes to the TRIO
programs, which provide assistance to low-income and first generation
college-going students. The bill eliminates unreasonable evaluation
requirements imposed on Upward Bound programs by the Department of
Education without requiring a recompetition. In addition, the bill
creates an appeals process for TRIO programs to ensure that the
grantmaking process is fair and equitable.
One item not addressed in H.R. 4137 is the provision under current
law that prohibits students who are convicted of certain drug offenses
from receiving federal student financial aid. This provision unfairly
targets poor and
[[Page 1620]]
minority students, increases long-term costs to society, creates double
jeopardy for students who have already paid their debt to society, and
lacks evidence of effectiveness. For these reasons and others, I hope
that we can address this critical access issue as this bill moves
through the legislative process.
For the foregoing reasons, I support the bill and urge my colleagues
to support it.
Mr. HOYER. Mr. Chairman, today--in a bipartisan vote--this House will
pass critical legislation designed to expand college access and to make
higher education more affordable for millions of American students.
This legislation, the College Opportunity and Affordability Act,
builds on the College Cost Reduction Act--legislation enacted last year
that, among other things, increased the maximum Pell Grant to $5,400
over five years and cut interest rates in half on subsidized student
loans, saving the average student $4,400 over the life of the loan.
There is a direct connection between our Nation's future prosperity
and our ability to compete and succeed in a global marketplace that now
relies more on brains than brawn. An educated workforce is absolutely
indispensable in this information age--and this legislation represents
an important step in expanding college access to more Americans.
In particular, I want to thank Chairman Miller, Ranking Member McKeon
and the members of the Education and Labor Committee for their hard
work on this bill, which was reported out of committee on a 45 to 0
vote.
This legislation reauthorizes the Higher Education Act through fiscal
year 2012, and, among other things, it will encourage colleges to rein
in price increases, providing incentives--such as additional need-based
aid--to colleges to hold down price increases. It also will require the
Department of Education to create ``higher education price increase
watch lists'' that report the full price of tuition and fees, as well
as the cost of room and board for students living on campus. And, it
seeks to restore integrity and accountability to the student loan
program, requiring institutions and lenders to adopt strict codes of
conduct, and providing students with full and fair information about
their borrowing options.
Furthermore, this bill will make textbook costs more manageable by
providing students with advance information on textbook pricing so that
they can plan for expenses and by ensuring that colleges and faculty
have full textbook pricing information when making purchasing
decisions.
Just today, the Washington Post noded in an editorial: ``Textbook
prices have been rising rapidly in recent decades, increasing at more
than 2\1/2\ times the rate of inflation from 1986 to 2004, according to
a Government Accountability Office report.'' The Post continued: ``At
the University of Maryland at College Park, the average student spends
more than $1,000 a year on textbooks--equal to 20 percent of tuition.''
Mr. Chairman, it not only is imperative to expand college access, but
also to do what we can to ensure that our students do not graduate with
crushing debt that haunts them for decades.
In addition, this important bill will make college more affordable
for low-income and non-traditional students by allowing students to
receive Pell Grant scholarship aid for the entire year. The bill also
creates a new scholarship program for active duty military personnel
and family members, including children and spouses of active duty
military service members and veterans.
Finally, let me say that I am pleased that this legislation includes
provisions that Congressman Berman and I worked on that require
institutions to disclose to students and employees their policies
related to copyright infringement and a description of actions that
institutions take to prevent and detect illegal file sharing.
Mr. Chairman, this a good, thoughtful piece of legislation. And, I
urge members on both sides on the aisle to vote for it.
Mr. HARE. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act. As a member of the House
Education and Labor Committee, I had the privilege of working on this
legislation, which will have a large impact on the students, veterans,
and workers in the rural communities of my Congressional district.
Today's legislation includes several provisions I authored to
increase enrollment of graduates from rural high schools in
institutions of higher education, help rural schools recruit qualified
teachers and administrators, and develop a strong workforce in rural
America.
One-third of K-12 schools in the United States are located in rural
areas and are responsible for educating almost 10 million children.
Unfortunately, these schools struggle to recruit highly qualified
teachers, putting our rural students at a disadvantage.
Teachers in rural schools often teach several subjects to multiple
grade levels and play many different roles in the school, such as
counselor, coach, lunchroom attendant, janitor, administrator, and
others. Therefore, in order for rural schools to recruit qualified
teachers, colleges of education must teach students the skills needed
to work in rural America. My provision achieves this goal by providing
incentives to colleges of education to add a rural focus to their
curriculum, and encourage students to complete their required student
teaching hours in rural schools.
I am also proud that Title VIII of the bill includes the College and
University Rural Education (CURE) Act, which I introduced with my
colleagues, Representatives David Loebsack and Zack Space. A variety of
studies show that fewer high school graduates from rural schools
continue on to college than from suburban schools. This unfortunate
reality leads to difficulties in training a qualified workforce in
rural America.
Now, more than ever, our Nation needs a skilled workforce of
teachers, health care workers, information technologists, and engineers
willing to live and work in rural communities in order to create and
support a competitive workforce, and to enhance the quality of life for
Americans living in rural areas.
The CURE Act responds to this call by establishing three grant
programs to increase enrollment of rural high school graduates in
institutions of higher education; increase economic development
partnerships to create an employment pipeline from higher education
institutions to the workforce; and increase the quality of life in
rural areas by providing training for professions of need in rural
areas.
Finally, I am pleased today's bill includes another provision I
developed to help the dislocated workers of Galesburg, IL, and other
trade impacted communities across the Nation. This provision allows
workers to indicate on the Free Application for Federal Student Aid
(FAFSA) that they have lost their job and would like to use current
year income when applying for financial aid. This will ensure that
dislocated workers receive appropriate financial support, directly
resulting in greater access to training opportunities for workers who
lost their jobs.
The College Opportunity and Affordability Act builds upon the work we
started in the College Cost Reduction and Access Act to make college
more affordable and accessible to all Americans. I thank Chairman
Miller and Ranking Member McKeon for their leadership in moving these
bills through our committee and quickly to the floor. I urge all my
colleagues to support the Manager's Amendment and underlining bill.
Mr. SESSIONS. Mr. Chairman, I rise today in support of the expanded
access to higher education that individuals with intellectual
disabilities will have under the College Opportunity and Affordability
Act being considered on the House floor today.
As many of my colleagues know, my son Alex, who just turned 14, has
Down syndrome. As a student at J.L. Long Middle School in Dallas,
Texas, Alex has made significant academic progress and received many of
the same education opportunities as his peers as a result of the
Individuals with Disabilities Education Act. While IDEA will provide
invaluable education for Alex throughout his K-12 education, I also
realize that IDEA will not be there to serve his needs after high
school.
Currently, the education opportunities for most individuals with
intellectual disabilities end with secondary school. Unfortunately,
most remain unemployed and completely dependent.
As the parent of an individual with intellectual disabilities, I have
worked to ensure that individuals with disabilities have access to the
resources and opportunities to develop self-reliance and life skills,
enabling them to achieve their potential and to contribute to our
communities.
Mr. Chairman, in 2006, I authored legislative language to grant
students with intellectual disabilities access to Federal work study
funds for enrollment in comprehensive post-secondary education
programs.
I am very pleased that the College Opportunity and Affordability Act
not only includes my work study language, but it also builds on those
efforts by providing access to Pell Grants and Supplemental Education
Opportunity Grants. By providing access to Federal student aid, we will
be empowering individuals with intellectual disabilities across our
Nation to learn, develop, and achieve to the best of their abilities.
Additionally, I am pleased that this legislation will establish a
model education demonstration for a comprehensive transition and post-
secondary program for students with intellectual disabilities. By
awarding competitive
[[Page 1621]]
grants to higher education institutions, the development of this model
demonstration will establish important first steps for the creation and
expansion of additional transition and postsecondary programs for
students with intellectual disabilities across our Nation.
To ensure the integrity and success of these groundbreaking programs
for students with intellectual disabilities, this legislation also
authorizes a coordinating center that will provide technical
assistance, evaluation, and recommendations for the development of
accreditation standards.
Mr. Chairman, the establishment of these vital programs will
represent a historic victory not only for individuals with intellectual
disabilities, but also for their families and for the educators and
advocates who have worked diligently to establish these post-secondary
education opportunities.
In particular, I would like to recognize Stephanie Lee and Madeleine
Will with the National Down Syndrome Society for their invaluable
expertise and support to ensure that dreams of student aid and
transitional education programs for individuals with intellectual
disabilities become a reality.
Today, we can ensure that individuals with intellectual disabilities
have access to the educational resources and opportunities that can
enable them to lead a very fulfilling life.
Mr. FARR. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act of 2007 and the manager's
amendment offered by House Education and Labor Committee Chairman,
Representative George Miller.
It is globally accepted that the higher education system in the
United States is the envy of the academic world. Paths to college often
have different origins but always have the same destination, to
enlighten our minds and expand our horizons.
A path that often goes unnoticed but traveled by a hidden portion of
our population is the path of those with dyslexia. Dyslexia is often
the butt of many jokes, but for those affected by it, it is anything
but funny. Reading and writing are two fundamental skills that are
essential to how we learn from the time we enter school to the end of
our lives. For people who suffer from dyslexia, like myself, our
ability to learn by traditional teaching methods is more challenging,
and dyslexic children often fall behind at an early age. Imagine trying
to follow along with your classmates and simply not understanding why
you cannot read at the same level as everyone else. Being young, you
don't know that you have this condition. Your teacher, who has not been
trained to identify dyslexia, assumes that you may be slow or lazy. The
longer the problem goes unidentified, the greater the challenge to
overcome and adapt. As a young child with dyslexia, I quickly lost
interest in school and became a class disruption. If it had not been
for a science teacher who encouraged my interest in the sciences, who
knows where I would be today? In science I had the opportunity to learn
with my hands and not solely through a bunch of jumbled words in a
textbook. This newfound appreciation for learning spilled over into
other subjects and inspired me to succeed every day. Most students with
dyslexia go unidentified and are more likely to struggle in early
grades, which may mean they stay back a grade, lose interest in their
studies, can become increasingly disruptive in class and may be sent to
alternative schools for troubled youths or special education classes.
All this because our teachers are not trained to recognize dyslexia in
the classroom.
As part of the manager's amendment to H.R. 4137, a study by the
Center for Education at the National Academy of Sciences will examine
teacher education programs at institutes of higher education to
determine if teachers are adequately prepared to meet the needs of
students with reading and language processing challenges, including
dyslexia.
For too long, the Department of Education has resisted efforts to
increase awareness and training for students with dyslexia. We owe it
not only to our children but also to our teachers and parents to fully
recognize dyslexia as an impediment to accessing their full potential.
A simple recognition of this condition can change a child's life
forever and help set them on a path to be a productive member of
society. I was lucky, but a good education policy should not be based
upon a collective crossing of fingers.
Mr. Chairman, I again urge my colleagues to vote in favor of H.R.
4137 and the manager's amendment offered by the House Education and
Labor Committee Chairman, and my good friend, Congressman George
Miller.
Mr. WILSON of South Carolina. Mr. Chairman, I rise today to bring
attention to an anomaly in Federal higher education policy that I have
been trying to fix. It has been Federal policy for many years to
provide incentives to individuals to work in either high-growth
professions, high-need areas, or both. These incentives have included a
variety of loan forgiveness and loan cancellation programs. In fact,
this chamber just created a new program for public sector employees
last year.
The Federal Perkins Loan Program is a relatively small student loan
program targeted at low-income individuals. It provides these
individuals with low fixed-rate student loans. Additionally, the
Federal Government is willing to cancel these particular loans for
borrowers who work in high-growth professions and/or high-needs
settings for at least 5 years.
Unfortunately, when my office examined the Federal Family Education
Loan Program and the Direct Loan Program to see if these programs were
treating their borrowers in a similar fashion, we found
inconsistencies. One such inconsistency is the fact that individuals
who borrow Perkins Loans, obtain a degree in speech-language pathology,
and work in a Title I school for 5 years can seek to have a portion of
their loan cancelled. The net result is an increase in individuals
providing necessary services to children who require specialized care.
However, both the FFEL and Direct Loan programs do not treat school-
based speech-language pathologists like their special education teacher
colleagues with whom they work side-by-side with as they provide
valuable education services to children with disabilities. The teachers
receive the incentive; the speech-language pathologists do not.
Four years after the re-authorization of the Individuals with
Disabilities Education Act, while we are in the midst of a re-
authorization of the No Child Left Behind Act, and while we know how
critical the academic performance of children with disabilities affects
a school or school district, I think it is unwise and unfair to deprive
these children of the opportunity to receive the special education
services they need to succeed.
I will work with my colleagues on the House Education and Labor
Committee and our counterparts in the Senate to try to resolve this
matter. I look forward to discusing this matter with them as we proceed
to a conference with the Senate.
Mr. CONYERS. Mr. Chairman, I rise today in support of the
reauthorization of the Higher Education Act, H.R. 4137. In passing this
reauthorization today, the 110th Congress is once again demonstrating
its commitment to strengthening America's economy by increasing access
to higher education.
In the lead-up to the 2006 election Democrats made a pledge to make
increased access to a quality education a priority in the 110th
Congress. The passage of this reauthorization today is just the latest
example of our making good on this promise.
Titled the College Opportunity and Affordability Act, H.R. 4137
reauthorizes one of President Lyndon Baines Johnson's key Great Society
programs, the Higher Education Act of 1965. The purpose of this
legislation from the outset always has been to strengthen the
educational resources of our colleges and universities and to provide
financial assistance for students in postsecondary and higher
education. H.R 4137 builds on this strong foundation.
A college education continues to be the best path to enter the middle
class. But ever-increasing tuition costs and other obstacles are
putting a college degree further out of reach for America's students.
In addition to rising tuition, students and their families face an
overly complex federal student aid application process and a student
loan industry tainted by conflicts of interest and mired in corrupt
lending practices. H.R. 4137 addresses these problems by encouraging
colleges to rein in price increases, ensuring that states maintain
their commitments to higher education funding, and providing students
and families with consumer-friendly information on college pricing and
the factors driving tuition increases.
The legislation strengthens provisions previously approved by the
House to avoid conflicts of interest in the student loan programs. The
bill's new provisions also include requiring better consumer
disclosures and protections on private student loans.
In the first 50 legislative hours of the 110th Congress, the
Democratic majority in the House of Representatives passed H.R. 5, the
College Student Relief Act, which cut the interest rates in half on
certain subsidized student loans over the next five years. In July 2007
we passed H.R. 2669, the College Cost Reduction Act, the single largest
increase in college aid since the GI bill. Today, with H.R. 4137, the
College Opportunity and Affordability Act, we build on these efforts
and once again demonstrate that the 110th Congress is building a better
future for all Americans.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today in strong
support of H.R.
[[Page 1622]]
4137, the College Opportunity and Affordability Act, 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 $9,000. 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.
In Texas, over 87,000 African-Americans are incarcerated compared to
approximately 48,000 African-Americans attending college or university.
The disparity between the percentages of our youth in prison versus the
number of young people in college, particularly in the African-American
community, is disturbing to say the least. Higher education continues
to be one of the main pathways to social and economic mobility,
particularly in the African-American and Hispanic communities.
Mr. Chairman, this legislation contains important provisions opening
up even wider opportunities for our veterans. Our own Congressman
Charles Rangel was enlisted in the Army before even finishing high
school. Through the G.I. Bill, he obtained his bachelor's degree and
eventually his law degree to become Chairman of Ways and Means. H.R.
4137 goes beyond what the G.I. Bill did for Chairman Rangel, 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. Chairman, 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. Chairman,
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.
I do not believe those of our sons and daughters should be punished
for trying to get an education. All student loans are currently non-
dischargeable in bankruptcy, except in cases on a judicial finding of
undue hardship (an extremely difficult standard to meet). 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 five years after they come due, and after
that time they would be treated like other unsecured consumer loans in
bankruptcy. Mr. Chairman, 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. Chairman, 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.
The cost of higher education has risen to the point that it has
affected our workforce and our public service sectors. This country
needs firefighters, public defenders, law enforcement officials, and
educators just as much as it needs doctors and investment brokers. H.R.
4137 would encourage students to enter vital public service jobs by
authorizing up to $10,000 in loan forgiveness.
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.
Mr. REICHERT. Mr. Chairman, in today's global, highly competitive
economy it is imperative that we create new opportunities for our
children and ensure that all students, no matter their age, income, or
race, have access to quality, affordable education. I am pleased to
rise in support of this important legislation and I'd like to thank
Chairman Miller and Ranking Member McKeon for bringing this bipartisan
bill to the floor so that we may finally make the dream of college a
reality for all children.
Last year, an overwhelming majority of my colleagues joined me in
supporting the College Cost Reduction Act, which the President signed
into law. This was a good first step to addressing the rising cost of
college but today we have an opportunity to do so much more.
Education is the lifeblood of a free and democratic society. We have
a responsibility to the future prosperity of this great Nation and the
rest of the world to ensure that our children have access to the very
best education possible--which means controlling costs, strengthening
our standards, promoting excellence, and creating new opportunities for
previously disadvantaged children. Increasing the maximum Pell Grants
and making them available year-round will go a long way towards
accomplishing this goal.
Finally, Mr. Chairman, if we are to remain a global economic leader
we must continue to invest in science and math education. The
foundation of innovation lies in a motivated and well-educated
workforce equipped with science, technology, engineering, and math
skills. While the U.S. is supporting math and science, the rest of the
world is not standing still and many countries are working hard to
build their own innovation capacity.
Our inability to provide our students with a premiere or even a basic
education in math and science is a threat not only to our economic
security, but also to our national security. The Hart-Rudman Commission
was convened in 1998 to take a look at threats facing our country's
national security over a 25-year period. The final report, released in
early 2001, received national attention after 9/11 because it stated
that the number one threat facing our country was terrorism, and it
predicted that an attack was likely to take place on U.S. soil. But
what is not as well known is that the report stated the second biggest
threat to our national security was our Nation's inability to educate
our own children in math and science. It called for a
``recapitalization'' effort. Our Nation has benefited and has been
living on the intellectual capital that was driven to our shores by
Nazism, Communism and poverty in the 20th century. But now, in a global
economy, we can no longer rely on the world's minds coming to our
country. And this trend coupled with our own deficiencies in education
has created a crisis that, according to this report, reaches national
security proportions of the highest magnitude.
A great real-world example exists in my own district in Washington
State, which exemplifies the importance of science and math education.
My district is home to several high-tech companies, including
Microsoft. In order to ensure the continued success of Microsoft and
other similarly situated companies, we must take steps now to fix our
failing math and science programs to make certain they're able to hire
the very best and brightest and we don't have to rely on a failing
immigration and visa program to coax highly skilled and trained workers
from overseas.
I believe we need to continue to emphasize math and science
throughout a child's education. During a speech before the National
Governor's Association at their 2005 Achieve Summit, Microsoft Chairman
Bill Gates said, ``In math and science, our 4th graders are among the
top students in the world. By 8th
[[Page 1623]]
grade, they're in the middle of the pack. By 12th grade, U.S. students
are scoring near the bottom of all industrialized nations.'' The need
for serious attention and improvements to our math and science
education is clear. I am happy to see the committee begin to address
this need today through scholarships, grants, and incentive programs to
encourage students to pursue careers in math and science.
Every parent wants their child to grow up to have more opportunities
and a better life than they had. Providing our children with access to
a higher education is integrally linked to the future economic, social,
and cultural health of our democracy. I urge all my colleagues to stand
up for our children and their future and join me in supporting this
legislation.
Mr. ETHERIDGE. Mr. Chairman, I rise in support of this fine
legislation, and I urge my colleagues to join me in voting to pass it.
This is a good bill, and I commend the bipartisan work of the Education
and Labor Committee under the leadership of Chairman George Miller and
Ranking Member Buck McKeon.
H.R. 4137 will renew and reauthorize the Higher Education Act for the
first time in 10 years. This legislation will expand college access for
low-income and minority students by allowing students to receive year-
round Pell Grant scholarships and strengthening college readiness
initiatives as well as increasing the authorized Pell Grant maximum to
$9,000. The bill will streamline the federal student financial aid
application.
In addition, H.R. 4137 will create Community Colleges as Partners in
Teacher Education grants which will provide needed support to establish
teacher education efforts that are aligned with four-year institutions,
so students can transition seamlessly from community college to four-
year schools. The bill will provide further assistance to community
colleges in critical areas such as remedial education, rural
development, and nursing education. And H.R. 4137 will make textbook
costs more manageable for students by helping them to plan for textbook
expenses in advance of each semester.
I also support several useful floor amendments to the bill that will
further strengthen this legislation, including the Managers amendment
containing the Davis amendment to create a new masters assistance
program for HBCUs, including Fayetteville State University in my
Congressional District. I also support the Doggett amendment to enable
data-matching between the IRS and the Department of Education for the
purposes of calculating the Expected Family Contribution when
processing financial aid. I support the Edwards/Boyda amendment to
provide for in-state tuition for soldiers' dependents like so many
families of soldiers at North Carolina's Fort Bragg. And I support the
Shuler amendment to authorize a competitive grant program through the
Department of Education that would allow institutions of higher
education to create longitudinal data systems to efficiently and
accurately manage, analyze, disaggregate and use individual student
data.
Finally, Mr. Chairman, as the first member of my family to graduate
from college, I know firsthand that affordable access to higher
education is the key to the American Dream for working families. I am
pleased to support this legislation, and I urge my colleagues to join
me in voting to pass it.
Mr. VAN HOLLEN. Mr. Chairman, we all know that paying for college is
often a daunting task for our Nation's students and families. It can
sometimes be difficult to calculate the full costs and find ways to
meet them. Far too many students graduate with too much debt--debts
that can limit their choices and strain their finances. I am proud that
this Congress has focused significant attention on this issue.
Last year this Congress passed the largest increase in student
assistance since the Montgomery G.I. Bill. That increase was fully paid
for by reducing subsidies to banks and lenders. Today, we continue our
commitment to increasing access to higher education with the College
Opportunity and Affordability Act.
This bill provides transparency and clarity in the often-confusing
process that students and families face as they decide how to pay for
college. It simplifies the Free Application for Federal Student Aid
process and creates a shorter form for low-income families. It
instructs the Secretary of Education to create a user-friendly website
that centralizes information about schools and costs. It also makes
sure that students and parents get easy-to-understand information about
the terms and conditions of both federal and private loans.
The College Opportunity and Affordability Act also includes
provisions from the House-passed Student Loan Sunshine Act, which
requires schools and lenders to adopt strict codes of conduct to avoid
conflicts of interest and protect students from aggressive lending
practices.
Today's bill also furthers our Competitiveness Agenda, begun with the
America COMPETES Act last year, by creating programs to recruit new
science and technology teachers and collaborate with the business
community to improve science, technology, engineering and math (STEM)
and foreign language education.
It continues our commitment to our Nation's military, creating new
scholarships for active duty personnel and their families, providing
support for veterans at college, and ensuring that they have fair
access to student and housing aid.
I thank the chairman and ranking member for including many of the
provisions from the Teach for America Act, a bill that I introduced
last year with Mr. Castle, Ms. DeLauro, Mr. Regula, and Mr. Sarbanes.
These provisions, combined with the amendment to clarify specific
authorizing amounts that Mr. Castle and I offered today, will allow
Teach for America to expand its reach with 8,000 corps members serving
680,000 children in 33 regions around the country.
Mr. Chairman, this bill will increase transparency, put more
qualified teachers in our classrooms, and open the doors to college to
our Nation's children. I urge my colleagues to join me in supporting it
today.
Mr. AL GREEN of Texas. Mr. Chairman, I would like to express my
support for H.R. 4137, the College Opportunity and Affordability Act of
2007.
With each passing day, a college education becomes increasingly
important for the success of our workforce while simultaneously
becoming more expensive and unattainable. H.R. 4137 would address this
unfortunate trend by making a quality post-secondary education more
affordable and accessible for all Americans. This legislation includes
a number of commendable provisions that will help to reform our higher
education system so that it can better serve the needs of students and
their families. It offers a comprehensive approach to reducing
educational expenses and provides targeted support to groups with the
greatest need.
I am particularly pleased with the efforts that have been made to
increase access for low-income and minority students. The bill allows
Pell grants to be made available based on a year-round enrollment
schedule so that low-income and non-traditional students will have the
flexibility and resources to obtain a college degree. Additional
provisions in the bill will expand funding for minority-serving
institutions such as Historically Black Colleges and Universities.
There are also measures designed to strengthen the GEAR UP and TRIO
college readiness programs so that low-income and first generation
students will be adequately prepared.
If we truly wish to enable our students to achieve their full
potential, we must not let them be confined by their financial
limitations. I support the College Opportunity and Affordability Act so
that all Americans will be able to pursue a higher education and
achieve the American Dream.
Mr. TIAHRT. Mr. Chairman, I rise today to offer my support for H.R.
4137, the College Opportunity and Affordability Act. This bill takes
significant steps to make the dream of a college education a reality
for America's young people, and I am very pleased that we are
considering it today. H.R. 4137 addresses a number of aspects of higher
education, but there are two provisions in particular that I would like
to commend.
First, I am pleased with the inclusion of section 706, which
establishes grants for urban-serving universities. Our cities are
facing unique challenges that require solutions that are tailored to
their needs. Urban secondary schools have higher dropout rates and
lower test scores than their suburban and rural counterparts. Urban
schools struggle to recruit and retain teachers, especially in areas
like mathematics and science. A larger proportion of urban populations
are uninsured or under-insured. Urban research universities, like
Wichita State University in my district, are well positioned and
equipped to find real, meaningful solutions to these issues. They are
uniquely qualified to train teachers for urban classrooms. They are
able to use their strategic location to develop community-academic
partnerships to develop effective treatments for diseases in urban
populations, and rectify health disparities in their communities. The
magnitude of these issues requires an investment by the Federal
Government to encourage urban universities to coordinate, evaluate, and
disseminate solutions to key urban problems related to education,
community revitalization, and health and quality of life. The grant
programs in section 706 are a solid first step towards this end.
Secondly, I am pleased with the promotion of Science, Technology,
Engineering, and
[[Page 1624]]
Mathematics, STEM, fields. Success in these fields is critical to the
continued economic dominance that the United States currently enjoys.
The United States has the No. 1 economy in the world. For almost two
centuries, we have been the envy of the world--a dynamic economy, a
hardworking, motivated workforce, truly the land of opportunity where
innovation has thrived. That status is changing, however. While our
education system is languishing, especially in STEM fields that are so
critical to our continued economic growth, China, India, and other
nations are preparing for the future. They are educating their students
in math, science, and technology and pumping out record numbers of
engineers. Language included in this bill will help American students
keep pace with their international counterparts.
I urge my colleagues to support these measures in particular, and the
underlying bill.
Mr. MORAN of Virginia. Mr. Chairman, I want to thank the chairman and
his staff for including the Moran-Shays amendment in the manager's
package of the College Opportunity and Affordability Act. For some
time, Mr. Shays and I have been concerned with maintaining the strength
of our Nation's public service. This amendment lays an early foundation
for a greater Federal role in encouraging and facilitating public
service.
The Moran-Shays amendment will bring together the experts in the
field of public service to study how student loan debt affects the
decisions of graduates of postsecondary and graduate education programs
to enter into public service careers. Specifically, the study assesses
the current challenges to recruiting and retaining well-qualified
public servants, evaluates existing Federal programs and whether
additional Federal programs could increase the number of graduates who
enter careers in public service, and recommends pilot programs,
including the establishment of a public service academy, to encourage
careers in public service.
The new century has brought immense challenges that require strong
and prepared public institutions. On the eve of the retirement of the
baby-boom generation, our Nation presses for a new generation of
teachers, firefighters, Federal employees, and other civil servants to
fill the void they will leave.
Young Americans are answering the call. According to the Higher
Education Research Institute, two-thirds of the 2005 freshman class at
institutions of higher education expressed a desire to serve others,
the highest rate in a generation.
Yet, an impediment to public service is the increase in college
tuitions and debts, making it difficult for graduates to pursue careers
in the public sector. These future public servants are potentially
overburdened by the debts of college and university loans, forced to
choose private sector jobs over public service opportunities.
By providing students with a federally funded education, the stress
of debts would be eliminated, and their commitment to the public
service sector for at least 5 years could lead to lifelong service.
I have joined with Representative Chris Shays and Senators Hillary
Clinton and Arlen Specter to introduce the U.S. Public Service Academy
Act. Modeled after the military service academies, this academy will
provide a 4-year, federally subsidized college education for more than
5,000 students each year in exchange for a 5-year commitment to public
service, including fields that will most need a new generation of
leaders, such as public education, public health, and law enforcement.
We are encouraged by the support the proposal has gained so far, as
nearly 100 bipartisan cosponsors in the House of Representatives have
joined in this effort.
Mr. Chairman, the Moran-Shays amendment will continue to make the
case for Federal intervention into promoting public service, including
possibly a public service academy. I thank the committee for including
the study in the manager's amendment, and I urge passage of the College
Opportunity and Affordability Act.
Mr. REYES. Mr. Chairman, I rise today in strong support of H.R. 4137,
the College Opportunity and Affordability Act of 2007.
In addition to restoring integrity to student loan programs,
encouraging States and colleges to rein in student costs, bolstering
Pell grants and expanding maximum awards, and investing in renewable
and efficient campus energy practices, this legislation makes a vital
investment in the economic competitiveness of our nation. Included in
that investment is a needed focus on improving minority participation
in the science, technology, engineering, and math, STEM, fields.
According to the U.S. Census, 39 percent of the population under the
age of 18 is a racial or ethnic minority. That percentage is on a path
to pass 50 percent by the year 2050. Yet, in 2000, only 4.4 percent of
the science and engineering jobs were held by African Americans and
only 3.4 percent by Hispanics.
This under-representation of minority groups in the STEM fields is a
severe impediment to the formation of an adequate American STEM
workforce. The increased education and participation of this segment of
the workforce is essential to supplying the American economy with the
STEM expertise the country needs to innovate and to improve America's
economic standing in the world.
One year ago, I joined with several of my colleagues, Congresswoman
Eddie Bernice Johnson, Congresswoman Zoe Lofgren, Congressman Ruben
Hinojosa, Congressman Mike Honda, and Congressman G.K. Butterfield, to
create the House Diversity and Innovation Caucus. The caucus was
created on a relatively simple premise: If we want to expand the STEM
pipeline, we must broaden our pool of talent. If we are to compete with
the rest of the world, we cannot do so with one hand tied behind our
back, with the vast majority of certain demographic groups severely
under-represented in the fields that drive innovation.
This bill includes several provisions that would bolster the
participation of under-represented groups in the STEM fields.
Specifically, H.R. 4137 would:
Establish the YES Partnership grant program for Minority-Serving
Institutions to support the participation of under-represented minority
youth in STEM through outreach and hands-on experiential-based learning
projects;
Strengthen and expand the Minority Science and Engineering
Improvement Program;
Enact the Minority-Serving Institutions Digital and Wireless
Technology Opportunity
Program;
Establish a matching grant program to recruit math, science, and
language teachers;
Establish a priority in the Graduate Areas of National Need Program
for fellowships to develop faculty in math, science, special education,
and bilingual education;
Expand loan forgiveness in areas of national need;
Authorize a grant to examine establishing an organization to ensure
women and under-represented minorities on college campuses are not
facing subtle biases that discourage them from careers in STEM fields;
and
Ensure that legal immigrants and part-time students are eligible for
the Academic Competitiveness and SMART grants.
I am particularly proud that H.R. 4137 includes a bill I authored and
introduced in the House, the STEM Promotion Act. In addition to
providing young Americans strong educational opportunities in STEM, we
must find a way to interest them in pursuing the STEM professions. My
generation was inspired by Sputnik to pursue careers in science,
engineering, and math, but we cannot sit back and wait for another
Sputnik to re-engage our young people in these critical fields. We must
tackle the STEM pipeline issue head-on, by methodically attracting
Americans to enter STEM.
The STEM Promotion Act proposes just that. The bill would require the
Secretary of Education to work with marketing professionals, similar to
what the military does, to advertise and otherwise market the
attractiveness of pursuing opportunities in STEM. Moreover, the
Secretary would order marketing research to be conducted to examine how
best to appeal to segments of our population that have been under-
represented in the STEM fields, such as women, Hispanics, and African-
Americans.
If America is to achieve its strategic objectives in STEM, the
enormous potential of groups that are currently under-represented in
the STEM fields must be realized. This bill will expand the STEM
pipeline and promote innovation and competitiveness by helping to
correct the under-representation of certain groups in the STEM fields.
H.R. 4137 also makes broad investments in higher education and
college access. In addition to increasing the maximum Pell grant award
by over $3,000 and authorizing year-round grants, the bill includes key
provisions of the Next Generation Hispanic-Serving Institutions Act, of
which I have been an original cosponsor for the past three Congresses.
Included is a new graduate program for those institutions, authorized
at $125 million, and an increased authorization for the undergraduate
program to $175 million.
I am particularly pleased that the Education and Labor Committee has
seen fit to strengthen and increase funding for GEAR UP and TRIO, which
are critical college access programs for low-income students for which
I have advocated since arriving in Congress in 1997. Specifically, the
bill increases minimum grant awards for TRIO and HEP-CAMP, increases
the authorization for TRIO to $950 million, increases the authorization
for GEAR
[[Page 1625]]
UP to $400 million, and addresses accountability standards to ensure
students are completing a rigorous program of study. The bill also
promotes college transition and parental involvement in GEAR UP, and
encourages GEAR UP and TRIO to promote financial literacy.
By passing this bill, we would also ensure that our military veterans
have full access to both the Montgomery GI bill and education programs
under the Higher Education Act. H.R. 4137 establishes a scholarship
program for veteran students and their families and Centers of
Excellence for Veteran Student Success, and ensures fair treatment of
veterans benefits in the financial aid need analysis formula.
I urge my colleagues to consider this bill's positive impact on
competitiveness when deciding how to vote. Please support a strong and
prosperous America. Vote ``yes'' on H.R. 4137.
Mr. DINGELL. Mr. Chairman, today I rise in support of H.R. 4137, the
College Opportunity and Affordability Act. As a proud father and
grandfather, I know too well that the costs of a college education can
be prohibitive. This legislation, in combination with the College Cost
Reduction Act passed in September, makes great strides to reform our
higher education system to increase access to all students and families
who desire to attend college.
I know many of you have heard me talk about the tough times my great
State of Michigan is facing. I know many of you have heard that
Michigan has the highest unemployment rate in the Nation at 7.5
percent, Michigan has one of the highest foreclosure rates, while at
the same time our median household income has decreased by 11.9 percent
and over 240,000 manufacturing jobs have left our State. These
statistics are worth repeating because they emphasize the need and the
importance for providing our future workforce with the tools they need
to be successful.
One tool that is vitally important to many students is Federal aid;
in fact, in past years almost 9 million students have received Federal
aid. Yet the process to apply for Federal aid can be confusing and
overwhelming for many students and their families. H.R. 4137 proposes
to streamline the Free Application for Federal Student Aid, FAFSA, in
order to make it easier for students to navigate. This will be done by
reducing the number of questions on the FAFSA form and allowing
applicants to save their information rather than re-filing a new form
each year. It will also allow students and their families to determine
their expected family contribution and their Federal student aid
package prior to college so that families can plan accordingly.
H.R. 4137 will also demand more accountability from student loan
lenders, ensuring that the best interests of our students come first.
This legislation will do this by requiring higher education
institutions and lenders to adopt strict codes of conduct and ban all
gifts and revenue sharing agreements between institutions and lenders.
Students will now also be provided with full and fair information about
their loans before entering into loan agreements, as well as be
informed by the lenders of all borrowing options available to them when
taking out and repaying loans.
Another focus of this legislation is the need to address rising
college prices so that more students and families will be able to
attend college in the first place. We have seen in tuition at 4-year
public colleges increase 30.5 percent since 1999 to $7,164 per year.
That is an increase of $1,675 over 6 years. When families are making
less, every increase makes it harder and harder for students to afford
college.
To address this, H.R. 4137 will also establish an online net price
calculator that will assist students and their families estimate the
cost based on income and family situations at individual schools. This
will allow families to be able to properly calculate what the cost of a
4-year education will be. Families will now also have access to a list
published by the Department of Education that will provide consumers
with information on tuition and fees, average price after grant aid,
recent price increases, and change in per-student spending.
I am also pleased that this legislation will increase college aid to
our veterans and military personnel. Many college campuses have seen an
increase in enrollment of veterans from Iraq and Afghanistan; however,
some of these schools do not have enough resources to give the veterans
the support they need. With over a million troops having served in Iraq
and Afghanistan, it is our duty to ensure that when they return they
have access to a college education. This legislation establishes a
scholarship program that could award up to $5,000 for veterans, their
spouses, or their children enrolled in college. It will also create
support centers on college campuses designed to coordinate services and
assist veterans with enrollment and completion of their degrees. More
importantly, H.R. 4137 will ensure that veterans are not penalized by
their financial contributions to their GI benefits in the financial aid
process.
Mr. Chairman, I have heard over the years from my constituents, many
from some of the great universities in my district, about the
increasing amount of debt taken on to complete a college degree. Many
have been forced to take out private loans, others have taken on
additional hours at work, and unfortunately, some have had to take a
leave of absence from school to pay the bills. This is a pattern that
cannot continue. Education is not a luxury, it is a tool needed to
succeed in today's economy. Investing in education and Federal aid
programs is investing in our workforce and the success of our
constituents. Today I urge my colleagues to vote in favor of this
legislation, reaffirming the commitment the Democratic Congress has
made to improving higher education and strengthening our workforce.
Mrs. CHRISTENSEN. Mr. Chairman, I rise in strong support of H.R.
4137, the College Opportunity and Affordability Act of 2007. I would
like to commend Chairman Miller and his staff for their work on this
bill and their efforts to bring it to the House floor. Following the
introduction of a stimulus bill to help boost our Nation's economy, it
is only appropriate that we also pass legislation that will boost
higher level education and create a stronger workforce. This bill
represents a federal commitment to making college more affordable and
accessible.
I am pleased that HEA will provide new support for Predominantly
Black Institutions and other Minority-Serving Institutions. H.R. 4137
would expand funding for graduate student programs at Historically
Black Colleges and Universities, Hispanic Serving Institutions, and
other minority-serving schools. HEA also makes significant changes to
tribal institutions that would allow them to receive the necessary
classification in order to obtain basic federal support for the
education and training of Indian students and for tribally controlled
postsecondary career and technical institutions that are not currently
receiving federal assistance.
As a physician and Chair of the Congressional Black Caucus Health
Braintrust, I strongly support the provisions of H.R. 4137 that will
make medical school and training more affordable. HEA will create grant
programs to increase nursing school capacity and provide nurses with
the scholarships and release time needed to qualify as nursing school
faculty. This legislation would also ensure that medical school
graduates can afford their residencies and specialized training by
including loan forgiveness programs that would remove current financial
barriers that affect medical school graduates' choice of specialty,
especially those with lengthy residencies.
In addition to supporting the overall bill, I would like to express
my support for the Congressman Danny Davis' amendment that would
restore the ability to discharge private student loans in bankruptcy.
Students with private loans should have some protection when they are
faced with economic hardship.
I am pleased to support this comprehensive bill that would provide
much needed reform to the Higher Education Act and I urge its final
passage.
Ms. McCOLLUM of Minnesota. Mr. Chairman, I rise to support the
College Opportunity and Affordability Act and I commend Chairman Miller
and Ranking Member McKeon for putting together a bipartisan bill that
will have a real impact on college affordability.
I had the honor to serve on the Education and Workforce Committee for
my first 6 years in Congress. It is a real pleasure to know that we
will finally be able to reauthorize the Higher Education Act.
The College Opportunity and Affordability Act is focused on students,
strengthening higher education, and improving our global
competitiveness.
It increases need-based aid, provides more access to information on
the cost of college, and holds States accountable for their investment.
It protects borrowers by restoring sunshine to student loan programs,
and by simplifying the financial aid application process. And, it also
makes new investments in increasing student interest in science and
technology careers.
I also want to thank Chairman Miller for including legislation that I
introduced along with Congressman Bishop and Congressman Grijalva to
crack down on diploma mills.
Diploma mills--businesses that sell fraudulent degrees for little or
no work--have proliferated in recent decades due to lax law enforcement
and technological advances such as the Internet and email.
The growth of these fraudulent businesses has created a variety of
serious problems. Diploma mills can sell a worthless degree to a
[[Page 1626]]
naive student. They also threaten the reputation of American colleges
and universities by blatantly using similar names. They cheat
employers--including school districts as we saw a few years ago--and
the Federal Government. A 2004 GAO study revealed that at least 463
Federal employees held degrees from diploma mills and other
unaccredited universities. In addition to hiring employees who are
likely unqualified, employers, including the Federal Government, have
wasted resources paying tuition to diploma mills. They can be
physically dangerous as is so obvious in the example of diploma mill
medical schools.
And more and more it is a national security issue. These degrees
could be used to obtain visas. In addition, our failure to deal with
the issue has been noted in other countries (Japan), harming our
reputation around the world.
This legislation includes the first national effort to combat this
problem. It is a first step, but a very important step.
I thank the chair and the ranking member for their support of this
provision and for their dedication to improving access to higher
education. I urge all my colleagues to support H.R. 4137 and to
continue to make access to higher education a priority for this
Congress.
Mr. ORTIZ. Mr. Chairman, I rise in support of HR 4137, the College
Opportunity and Affordability Act.
A college education continues to be a great path to prosperity. But
more and more, high college prices and other obstacles are putting a
college degree further out of reach for our students. In addition to
rising tuition, students and their families face a complex federal
student aid application process and student loan industry.
The legislation will streamline the application process for financial
aid, will allow for students to better manage textbook costs, and
increase college aid and support programs for veterans and military
families.
Many college students--including 37 percent of Hispanic students--
receive Pell Grants each year, and this bill will now allow students to
receive these vital grants year round.
It also increases authorization levels for the TRIO program to $400
million and GEAR UP program to $950 million, both of which prepare low-
income and first-generation students with the challenges for college.
Many students find themselves in financial troubles because they are
not aware of the rising costs or the details of the loans they take
out. This legislation will hold student loan lenders more accountable
for any potentially predatory actions, but students and their families
will now have more information about all the options and costs to
attend college.
Though we have passed this important piece of legislation, we are by
no means done with higher education issues. The President's budget cut
funding to Hispanic-serving institutions, and I will work with my
colleagues to ensure those institutions receive proper funding. All
students deserve to have as many resources as we can provide to them to
better themselves and their positions in life.
Mr. STARK. Mr. Chairman, I rise in strong support of making college
affordable again.
Since taking over Congress, Democrats have made historic investments
in higher education. We have reduced interest rates on federal student
loans by 50 percent. We have increased both the amount and the reach of
Pell Grants and we have acted to provide long overdue oversight of the
student loan industry. Today, we will reauthorize and reform the Higher
Education Act and take another step forward toward the goal of making
sure that all qualified students can afford to go to college without
being saddled by overwhelming debt.
A college degree is not only the best guarantee of a good paying job,
it is quickly becoming a necessity in our economy. The College
Opportunity and Affordability Act, H.R. 4137, will open up the gates of
higher education to students from all backgrounds. By increasing the
maximum Pell Grant amount from $5,800 to $9,000, this bill will allow
many lower income students to realistically pursue a degree. By making
Pell Grants available year round and for part-time students, this
legislation would help non-traditional students such as those working
full-time. Finally, by simplifying the financial aid application
process, this bill will make it easier for students to receive the aid
they need and deserve.
For too long, the student loan industry, much like the mortgage
industry, has operated without proper oversight. As a consequence,
lenders entered into quid pro quo agreements with universities and
coerced students into high-interest loans. The bill before us today
protects borrowers by requiring full disclosure of all terms,
prohibiting revenue sharing between colleges and lenders and doing away
with draconian pre-payment penalties.
We must encourage and reward careers in public service. I strongly
support the loan forgiveness program in today's measure. It will
provide up to $10,000 in loan forgiveness for graduates teaching in
low-income areas or entering crucial fields such as early childhood
education and mental health.
Four decades ago, President Johnson signed the Higher Education Act
and committed to helping low income students afford a college
education. Today, Congress has the opportunity to renew that commitment
by providing the support and oversight so that all students can fulfill
their dream of attending college. I urge all of my colleagues to join
me in supporting this important bill.
Mrs. JONES of Ohio. Mr. Chairman, I rise today in support of the
College Opportunity and Affordability Act. This legislation will help
break down the barriers, particularly the ever-rising costs of higher
education, for Americans to obtain a college degree.
I am extremely excited about the provision from my legislation, the
Campus Fire Safety and Prevention Act, that is included in this bill.
This legislation would establish a demonstration incentive program
within the Department of Education to promote installation of fire
sprinkler systems, or other fire suppression or prevention
technologies, in qualified student housing or dormitories, and for
other purposes.
Fire safety and prevention is an issue that needs to be addressed
across this country. Over these few years we have seen many tragedies
involving fire at colleges, places of business, entertainment venues
and places of residence.
Nationwide, 126 people have been killed in student housing since
January 2000, as identified by the Center for Campus Fire Safety, a
non-profit organization that compiles information on campus-related
fires.
Almost 83 percent of the fire fatalities have occurred in off-campus
occupancies such as rented houses and apartments. Common factors in a
number of these fires include: lack of automatic sprinklers, disabled
smoke alarms, careless disposal of smoking materials, and alcohol
consumption.
We must begin to put in place suppression measures against fires and
increase support and resources for our fire fighters to ensure that no
more lives are lost to fires that could have been prevented.
I encourage my colleagues to pass the College Opportunity and
Affordability Act. This legislation would reform our higher education
system so that it operates in the best interests of students and
families.
Mr. LANGEVIN. Mr. Chairman, I rise today in strong support of H.R
4137, the College Opportunity and Affordability Act, which will
reauthorize the Higher Education Act for 5 years. This is the first
time in almost a decade that this bill has been reauthorized, and I am
proud to be part of a Congress that has placed such a high priority on
making college a reality for all of our nation's students. This bill
builds on legislation that passed last year to help lower college costs
and boost Federal loan support for our students. Especially with the
state of our economy, it is imperative that we invest in our education
system to promote new employment and ensure that today's students can
adapt to the jobs of tomorrow.
Two of the main goals of the College Opportunity and Affordability
Act are to make a college education accessible to all students and to
lower college costs for those students and their families. I am pleased
that this bill increases the maximum amount of Pell Grants, which help
5.5 million low-income and minority students attend college, from
$5,800 to $9,000. This measure also boosts funding for the TRIO program
and the Gaining Early Awareness and Readiness for Undergraduate Program
(GEAR UP), which provide college readiness and support for low-income
and first-generation students. H.R. 4137 ensures equal college
opportunities for students with disabilities by creating a national
center to improve college recruitment, retention, and completion of
students with disabilities, and would also expand eligibility for Pell
Grants for students with intellectual disabilities.
H.R. 4137 also establishes a user-friendly website to provide
students and families with helpful information about college pricing,
and will streamline the cumbersome filing process for Free Application
for Federal Student Aid (FAFSA). Families will now be able to receive
estimates of their expected contribution and the amount of financial
aid they may receive. H.R. 4137 requires higher education institutions
and student loan providers to give borrowers fair and full information
on their loan terms and repayment options, as well as promote financial
literacy and education for students and families. This measure also
helps reduce the cost of textbooks, which on average sets back a
student $1,000 per year, by making sure professors have full textbook
pricing when making purchasing decisions and by ensuring students
receive advanced lists of textbooks for their upcoming classes.
[[Page 1627]]
One of the goals of the 110th Congress is to create a new generation
of innovators so that we continue to build an educated, skilled
workforce in the vital areas of science, math, engineering and
information technology. To maintain our international competitiveness
and economic advantage in the coming years, our Nation must invest more
in science, technology, engineering and mathematics (STEM) education.
That is why I am pleased that H.R. 4137 includes many new initiatives
and increases funding for STEM education. These new programs include
grants for colleges and universities to provide incentives for students
in STEM majors to teach in these academic areas; the YES Partnership
Grant Program, which provides funding to eligible colleges to support
minority youth engagement in STEM fields through out-reach and hands-on
experiential learning; and the ``Robert C. Byrd Mathematics and Science
Honors Scholarship Program'' which focuses on encouraging students to
earn degrees in math and science.
H.R. 4137 increases college aid and support for our veterans and
military families by requiring colleges and universities to treat
students returning from military service as continuously enrolled
students and preventing active duty servicemembers from accruing
interest on student loans for the duration of their activation. The
measure also encourages those students who commit to a job in high-need
areas and public service for at least 5 years by establishing a $10,000
loan forgiveness program for nurses, early childhood educators, foreign
language specialists, child welfare workers, school counselors, public
sector employees, medical specialists, and mental health professionals.
This measure further addresses the shortage of nursing faculty by
establishing competitive grants to fund scholarships for nurses
studying for advanced degrees with the intention of becoming faculty.
In recent years, our country's college and university campuses have
seen unnecessary tragedies. H.R 4137 will boost campus safety by
helping all colleges develop and implement state of the art emergency
systems and campus safety plans, and will also create a National Center
for Campus Safety at the Department of Justice. Administrators and
students on campuses across the country have also pushed for
environmental, or ``green'', initiatives, and this measure supports
these efforts by providing funding for environmental sustainability
programs.
Mr. Chairman, H.R 4137 shows that Congress is committed to the
success of our students, and we will work to make sure that they can
pursue their dreams without the burdens of unnecessary costs and debt.
While we may find ourselves facing hard economic decisions, we must
empower the next generation with the necessary tools and invest in
their education. The College Opportunity and Affordability Act will set
a blueprint for the future, and I encourage all my colleagues to vote
for this bill.
Mr. SPACE. Mr. Chairman, I would like to begin by thanking Chairman
George Miller for his work on behalf of rural communities in H.R. 4137.
Specifically, I would like to thank Chairman Miller for including
provisions from H.R. 4139, the Colleges and Universities Rural
Education (CURE) Act, in this important bill.
I would also like to extend my thanks to Ranking Member McKeon for
his hard work on the legislation, as well as the staff of the Committee
on Education and Labor.
Rural communities face a unique set of challenges in developing a
highly-skilled workforce. Limited access to higher education makes
advanced training more difficult to attain for the millions of
Americans living in rural areas around the country. While we all should
take pride in the work of our nation's public schools and teachers in
providing a quality education to American children, the need for
training beyond a basic high school diploma is clearly critical.
I see this deficit every day in southeastern Ohio. Some communities
struggle to fill critical professions, particularly in the medical
community, due to the rural nature of their district and the lack of
training opportunities in a reasonable proximity.
To rectify this deficit, I introduced H.R. 4139, the CURE Act. This
important legislation authorizes grants to the colleges serving rural
America to create partnerships with rural school districts to improve
access to higher education for rural high school graduates. These
grants will provide important access to financial aid opportunities as
well as programs on college campuses that will help to encourage
students to pursue higher education when they might otherwise not.
Additionally, this legislation authorizes grants for rural colleges
to develop training programs in needed professions, and develop
partnerships with employers in the area to develop employment
pipelines. These grants will help rural communities struggling to fill
the positions needed to maintain a quality of life, such as doctors and
teachers.
Again, I wish to commend Chairman Miller for his willingness to see
the challenges facing rural America and work to improve the quality of
life for those communities. On behalf of my colleagues and I who
represent rural America, I extend my truest and utmost thanks.
Mr. BACA. Mr. Chairman, I rise today to voice my strong support for
H.R. 4137, the College Opportunity and Affordability Act.
Last year, this Congress took a first step in our promise to lower
education costs and increase opportunities for American families.
This bill is about keeping that promise by strengthening higher
education and increasing access to college for low income students.
This is especially important for the Latino community here in the
United States where too many don't even apply to college because of the
high costs. And the number of Latino students graduating with a degree
does not compare with their white counterparts.
This year only 25 percent of college-age Latinos were actually
enrolled in college. Only 25 percent.
This bill will help to eliminate this gap. It increases financial
aid, strengthens college prep programs for low income students, and
makes historic investments at minority serving institutions.
When we provide low-income students with access to college, we
strengthen the middle class and make America stronger.
One thing I'd like to work with the Committee on is the student loan
debt burden on teachers. Right now they can only get student repayment
for their direct loans. But we really should help them pay back all of
their student loans, including their private ones. They provide an
important service to our Nation so that is the least we can do.
I urge my colleagues to support H.R. 4137.
Mr. LANTOS. Mr. Chairman, I rise today in support of the Lantos-Watt
amendment to the Higher Education Reauthorization, H.R. 4137. This
amendment clarifies that all graduate degree granting institutions are
eligible as lead grantees under the Graduate Assistance in Areas of
National Need (GAANN) program in Title VII of the HEA.
Mr. Chairman, as a former professor at San Francisco State
University, I know the caliber of student in their graduate programs.
And with our proximity to Silicon Valley, many of the leading biotech
companies have an embarrassment of riches to select from. Before the
Department of Education undermined congressional intent, limiting
participation of master's degree granting institutions, SFSU was
routinely competing and winning GAANN fellowships.
Congress created the GAANN program to provide these fellowships for
graduates with superior ability and financial needs studying in areas
of national need. Under the original HEA statute and GAANN program
regulations, graduate degree granting institutions including those
terminating in a master's degree are eligible to participate as lead
institutions in the GAANN program. Contrary to Congressional intent and
the GAANN statute--which refers to graduate, not doctoral
institutions--the Department limited participation as a lead entity in
GAANN to doctoral granting institutions only. This action eliminated
three master's degree granting programs at San Francisco State
University, along with Florida A&M and North Carolina A&T from
participation in the GAANN program. Until this action, SFSU had GAANN
grants in biology and chemistry.
Mr. Chairman, in the President's FY09 budget released a few days ago
the GAANN program was tabbed for an increase in funding to stem the
long-term decline in the number of fellowships awarded under the
program. The President recognized how effective these grants are and
provided support for 747 fellowships, including 529 new fellows.
Mr. Chairman, GAANN is a competitive program. This provision would
not open the program to new entrants. It would merely restore the
ability of master's degree granting programs to compete with those
granting PhDs. I proudly support the Lantos-Watt amendment and thank
Mr. Watt for working with me to give all universities an opportunity to
compete.
Mr. UDALL of Colorado. Mr. Chairman, I will support H.R. 4137, the
College Opportunity and Affordability Act of 2007. Overall, it is an
excellent bill, but I do have a serious concern about the impact of one
provision, the state maintenance-of-efforts provision, on Colorado.
This bill will reauthorize the Higher Education Act and will help
make our colleges and universities more affordable and accessible.
I am especially pleased that this bill will help students and
families trying to afford the increasing costs of college. The bill
increases the maximum Pell grant award to $9,000 annually, up from
$5,800. Pell Grants enable many students to attend college, but with
rising tuition costs these grants have lost some
[[Page 1628]]
of their purchasing power. This increase will allow Pell Grants to
help students limit debt and expand their education opportunities.
Also, Pell Grant scholarships availability will be expanded to year-
round to allow students to use the funding when it best works with
their schedule.
Not only will H.R. 4137 increase federal aid, but it will also make
the process of applying for that aid much more straightforward.
Streamlining the application process for Federal aid will make it
easier for students and their families to determine if they are
eligible for Federal loans. The bill will also create a two-page
``FAFSA-EZ'' form for low-income students and families who qualify for
the ``auto-zero'' family contribution.
And the legislation will not just help students from low-income
families--it will help all students become better informed by requiring
that the Department of Education publicly provide a user-friendly list
of all colleges and universities in the country with information on
tuition and fees, average price after grant aid, recent price
increases, and change in per-student spending.
Textbooks are a growing--and often overlooked--cost of attending
college. Students can spend hundreds of dollars on textbooks every
semester, adding up to thousands of dollars by the time they graduate.
The bill requires college textbook publishers to provide full pricing
information about both bundled textbooks and unbundled alternatives. It
also requires that publishers sell unbundled versions of every bundled
textbook they sell so that students are not forced to purchase unneeded
extras, such as study guides or CDs.
H.R. 4137 reauthorizes two critical programs that help disadvantaged
students thrive in college. GEAR-UP helps prepare low-income elementary
and secondary students to succeed in college and the bill increases the
authorized funding to $400 million for GEAR-UP. It also increases the
authorization level for the TRIO programs--Upward Bound, Talent Search,
and Student Services--to $950 million. The TRIO programs seek to
increase high school completion and college participation and
graduation rates among low-income and first- generation college
students. African-American students make up nearly 50 percent of all
TRIO participants.
The bill recognizes the debt that our country owes to our soldiers
and their families. It creates a new scholarship program for active
duty military personnel and their family members to help make college
more affordable. The bill also establishes support centers to help
veterans succeed in college and graduate.
As co-chair of the House Science, Technology, Engineering, and Math
(STEM) Education caucus, I am pleased that this bill builds upon the
America COMPETES Act to expand and improve STEM education. It creates
programs to bolster students' interest in STEM careers through
collaborations with businesses and other stakeholders, as well as
improves teacher training and development programs and focuses on
recruiting teachers into high demand science and technology fields.
As I mentioned, I am particularly concerned about the impact that the
maintenance-of-effort provision will have on my state of Colorado. This
provision ties Federal funding to state funding. Though I applaud the
effort by Chairman Miller to encourage states to continue to support
higher education, Colorado is in an unusual position because we have
several constitutional provisions that limit the spending options of
our legislature. These include the Tax Payer's Bill of Rights, or
TABOR, and another that requires that the state increase funding for K
through 12 education every year. Together with other constraints, these
provisions have seriously affected the state's ability to fund higher
education--and the maintenance-of-effort provision will not help
matters.
While the manager's amendment improved this provision, I will work to
see that this issue is further addressed in conference.
In conclusion, I encourage all of my colleagues to support H.R. 4137.
Mr. INSLEE. Mr. Chairman, due to unexpected circumstances, I missed
the vote on the College Opportunity and Affordability Act, H.R. 4137,
important legislation to reauthorize and strengthen key Higher
Education Act programs aimed at making college education more
affordable and accessible for American students. Had I been present, I
would have voted in favor of the legislation that will keep America's
economy competitive.
Overall, the College Opportunity and Affordability Act will address
major issues facing our Nation's students from simplifying student aid
forms to addressing rising textbook and tuition costs. The bill will
increase assistance for Veterans and military families and bolster
students' interest in science and technology by partnering with
businesses and other stakeholders.
I commend Chairman Miller and Hinojosa for their diligent work on the
underlying legislation and for their support for my amendment that was
passed to improve key education grants by setting higher environmental
standards for recipients. The amendment ensures that Sustainability
Planning Grants are awarded to projects aiming to reduce greenhouse gas
emissions, guaranteeing that Federal funds make a meaningful impact on
global warming and requires that certain Federal grantees demonstrate
that they meet or exceed American Society of Heating, Refrigerating and
Air-Conditioning Engineers, ASHRAE, energy-efficiency standards when
designing new facilities. Finally, the amendment would add a Sense of
Congress to reject the President's FY2009 budget proposal to eliminate
the important Perkins Loan Program, a critical educational program for
high-need students who will become a modern green workforce.
Additionally, I applaud Representatives Blumenauer and Ehlers for
their work to include provisions to support green higher education
efforts. Many of our Nation's 4,000 colleges and universities are
taking action to reduce greenhouse-gas pollution, which currently
accounts for 7 percent of U.S. carbon emissions. Federal grants should
be available to give a boost to such projects, like the state-of-the-
art, carbon-neutral science laboratory being planned at Cascadia
Community College in my district.
Mr. EHLERS. Mr. Chairman, I rise in support of the College
Opportunity and Affordability Act (H.R. 4137), a bill to reauthorize
the Higher Education Act's programs.
I thank Chairman Miller, Representative McKeon and their staff for
their hard work on this reauthorization bill. I am very pleased that
the Education and Labor Committee voted unanimously to favorably refer
this bill to the full House for consideration. It is a testament to the
fact that bipartisan work, though difficult, pays off with a better
final product. This bill makes substantive changes that help future
college students and our Nation's economy.
Several provisions that I authored were included in the College
Opportunity and Affordability Act. For example, the bill includes
provisions of the Higher Education Sustainability Act, a bill that I
introduced with Rep. Blumenauer to establish a competitive grant
program to encourage colleges and universities to develop, implement
and evaluate their sustainability practices and academic programs. I
appreciate the efforts of Representatives Inslee and Blumenauer to
improve upon the bill's provisions by requiring that the Secretary of
Education consult with the Administrator of the Environmental
Protection Agency when awarding sustainability grants. This provision
was included in the Manager's Amendment.
In addition, the bill includes the Robert C. Byrd American
Competitiveness program, which has provisions that Representatives
Wolf, Holt and I developed in the 109th Congress. For example, it
awards scholarships to students who are enrolled in studies in
physical, life, or computer sciences, mathematics, or engineering.
Also, through the Math and Science Incentive program, the Secretary may
waive the interest on Federal student loans for students pursuing STEM
teaching or professional careers. In conference, I certainly hope
Senator Byrd is amenable to making these important updates to the Byrd
Scholarship program.
Finally, the bill includes my Independent Study of Distance Education
Act, which requires the National Academy of Sciences to conduct a study
of distance education, as compared to traditional, campus-based
education.
I have a few concerns about the bill. First, I am concerned that the
bill will require colleges and universities to comply with additional
federal ``red tape.'' I understand that Representative McKeon plans to
offer an amendment to study the regulatory burden on colleges and
universities and ways to reduce it.
Also, I have concerns about the college cost provisions. While the
provisions have certainly improved over the past several years, I
question whether the federal government should intervene in the way
colleges and universities set their tuition, particularly at relatively
low-cost community colleges. For example, it is my understanding that
Grand Rapids Community College, located in my congressional district,
may be subjected to the bill's requirements of the Quality Efficiency
Task Force. Unfortunately, the bill fails to take into account state
and local factors, such as last year's failed millage attempts, which,
in turn, necessitated the tuition increases at this community college.
It is situations like this that should be considered when reviewing
attempts to control rising college costs.
[[Page 1629]]
Finally, I have concerns with the bill's maintenance of effort
requirements for state funding. I appreciate Representative Kildee and
Walberg's efforts to include a waiver for States facing difficult
economic times, such as Michigan.
On balance, the College Opportunity and Affordability Act is a good
bill, and I urge Members to support it.
Ms. WOOLSEY. Mr. Chairman, I'm pleased that today the House passed
H.R. 4137, the College Opportunity and Affordability Act. This bill
makes great strides towards helping our Nation's students and families
afford college.
The rising cost of college is making the opportunity of a quality
education further and further out of reach for far too many of our
students. In March, the University of California and California State
system raised their tuition for the fifth time in 6 years. This year,
students at a school like Sonoma State, in my district, will be
required to pay nearly 10 percent more for tuition. With recent budget
shortfalls in many States, including California, more increases in
tuition appear to be on the horizon. The Federal Government, States,
and universities need to work together to both control costs and
provide better access to financial aid to ensure that everyone has the
chance for a college education.
This bill will help with both college costs and financial aid for our
neediest students, and that's why it's such an important bill. Through
this bill, States will be encouraged to do their part in keeping
college costs down, and universities will be encouraged to be more
transparent with important information like projected tuition and fees
and average financial aid. This will help ensure that students and
their families are not caught unaware by college costs. This bill also
assists our Nation's neediest students by increasing the maximum Pell
Grant that can be awarded and giving more nontraditional students
access to this important source of aid. In addition, this bill
encourages more students to go into important fields that serve the
public interest, such as teaching, nursing, and firefighting, by
offering loan forgiveness in exchange for their invaluable service.
Particularly pleasing is the inclusion of three programs that I
championed and which should make a real difference in the lives of our
Nation's students. The first is the Patsy T. Mink Fellowships, which
will provide fellowships to women and minorities to help them attain
graduate degrees in underrepresented fields. This program will
encourage more women and minorities to go into underrepresented fields,
and at the same time, will increase the amount of women and minorities
who become professors in these fields. Congresswoman Patsy Mink was my
mentor and friend and was a leader on women's equality and opportunity.
This program is in honor of her work on the inclusion of Title IX in
the Higher Education Act and will further ensure equality in higher
education.
As a former human resources manager, I know that it can be difficult
to find workers to fill all the empty positions. Often, applicants
don't have the necessary skills or background to fill available
positions. It's critical that we find a way to provide our workforce
with the skills and education to fill the gaps. That's why programs
like Bridges from Jobs to Careers and Business Workforce Partnerships,
which I also championed, are so important.
The Bridges from Jobs to Careers grant program will provide
competitive grants to community colleges to improve remedial education
by customizing programs to the career and academic goals of students
and making it possible for students to move more quickly through
remedial classes and to courses related to their degree, certificate
program, or career. We need to help students realize the end goal of
their education program. Helping schools improve remedial education
will help many students get in and out of school with the skills and
education they need to succeed.
The Business Workforce Partnerships grant program will encourage the
development of partnerships between colleges and businesses to work
together to provide workers with for-credit worksite learning
opportunities and more flexible schedules. By allowing workers to work
and attend school, more of them will have access to the certificates
and degrees that will lead to better jobs and higher salaries. These
workers will also be able to better fit the needs of our changing
workforce.
Thank you, Chairmen Miller and Hinojosa, for your leadership on the
Higher Education Reauthorization Act. I look forward to working with
you and our colleagues to continue to make college more affordable for
our Nation's students.
The CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the committee amendment is as follows:
H.R. 4137
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``College
Opportunity and Affordability Act of 2007''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. References; Effective date.
TITLE I--TITLE I AMENDMENTS
Sec. 101. Definitions of institution of higher education.
Sec. 102. Additional definitions.
Sec. 103. Treatment of territories and territorial student assistance.
Sec. 104. National Advisory Committee on Institutional Quality and
Integrity.
``Sec. 114. National Advisory Committee on Institutional Quality and
Integrity.
Sec. 105. Drug and alcohol abuse prevention.
Sec. 106. Prior rights and obligations.
Sec. 107. Improved information concerning the Federal student financial
aid website.
Sec. 108. State commitment to affordable college education.
``Sec. 132. State commitment to affordable college education.
Sec. 109. Transparency in college tuition for consumers.
``Sec. 133. Transparency in college tuition for consumers.
Sec. 110. Textbook information.
``Sec. 134. Textbook information.
Sec. 111. Database of student information prohibited.
``Sec. 135. Database of student information prohibited.
Sec. 112. Institution and lender reporting and disclosure requirements.
``Part E--Lender and Institution Requirements Relating to Educational
Loans
``Sec. 151. Definitions.
``Sec. 152. Requirements for lenders and institutions participating in
preferred lender arrangements.
``Sec. 153. Interest rate report for institutions and lenders
participating in preferred lender arrangements.
``Sec. 154. Private educational loan disclosure requirements for
covered institutions.
``Sec. 155. Integrity provisions.
``Sec. 156. Compliance and enforcement.
``Sec. 157. Student loan counseling.
Sec. 113. Feasibility study for national electronic student loan
marketplace.
TITLE II--TITLE II REVISION
Sec. 201. Revision of title II.
``TITLE II--TEACHER QUALITY ENHANCEMENT
``Sec. 200. Definitions.
``Sec. 200A. Rule of Construction.
``Part A--Teacher Quality Partnership Grants
``Sec. 201. Purposes; Definitions.
``Sec. 202. Partnership grants.
``Sec. 203. Administrative provisions.
``Sec. 204. Accountability and evaluation.
``Sec. 205. Accountability for programs that prepare teachers.
``Sec. 206. Teacher development.
``Sec. 207. State functions.
``Sec. 208. General provisions.
``Sec. 209. Authorization of appropriations.
``Part B--Preparing Teachers for Digital Age Learners
``Sec. 221. Program authorized.
``Sec. 222. Uses of Funds.
``Sec. 223. Application requirements.
``Sec. 224. Evaluation.
``Sec. 225. Authorization of appropriations.
``Part C--Enhancing Teacher Education
``Sec. 240. Authorization of appropriations.
``subpart 1--recruiting teachers with math, science, or language majors
``Sec. 241. Program authorized.
``subpart 2--community colleges as partners in teacher education grants
``Sec. 251. Grants to community colleges.
``Sec. 252. Definitions.
``subpart 3--honorable augustus f. hawkins centers of excellence
``Sec. 261. Definitions.
``Sec. 262. Augustus F. Hawkins Centers of excellence.
``subpart 4--teach for america
``Sec. 271. Teach for America.
``subpart 5--early childhood education professional development and
career task force
``Sec. 281. Purpose.
``Sec. 282. Definition of early childhood education program.
``Sec. 283. Grants authorized.
``Sec. 284. State task force establishment.
``Sec. 285. State task force activities.
``Sec. 286. State application and report.
``Sec. 287. Evaluations.
Sec. 202. National Academy of Sciences study of best practices in
teacher preparation.
[[Page 1630]]
TITLE III--TITLE III AMENDMENTS
Sec. 301. Program purpose.
Sec. 302. Title III grants for American Indian Tribally Controlled
Colleges and Universities.
Sec. 303. Predominantly Black Institutions.
``Sec. 318. Predominantly Black Institutions.
Sec. 304. Assistance to Asian American and Native American Pacific
Islander-serving institutions.
``Sec. 319. Asian American and Native American Pacific Islander-serving
institutions.
Sec. 305. Native American-serving, nontribal institutions.
``Sec. 320. Native American-serving, nontribal institutions.
Sec. 306. Strengthening Historically Black Colleges and Universities.
Sec. 307. Endowment Challenge Grants.
Sec. 308. Limitations on Federal insurance for bonds issued by the
designated bonding authority.
Sec. 309. Programs in STEM fields.
``subpart 2--programs in stem fields
``Sec. 355. YES Partnerships grant program.
``Sec. 356. Promotion of entry into STEM fields.
``Sec. 357. Evaluation and Accountability Plan.
Sec. 310. Technical assistance.
Sec. 311. Waiver authority.
Sec. 312. Authorization of appropriations.
Sec. 313. Technical corrections.
TITLE IV--TITLE IV AMENDMENTS
Part A--PART A AMENDMENTS
Sec. 401. Federal Pell Grants.
Sec. 402. Federal TRIO Programs.
Sec. 403. GEARUP Amendments.
Sec. 404. Academic Achievement Incentive Scholarships.
Sec. 405. Federal Supplemental Educational Opportunity Grants.
Sec. 406. Grants for access and persistence.
``Sec. 415E. Grants for access and persistence.
Sec. 407. Special programs for students whose families are engaged in
migrant and seasonal farmwork.
Sec. 408. Robert C. Byrd Honors Scholarship Program.
``subpart 6--robert c. byrd american competitiveness program
``Sec. 419A. Robert C. Byrd mathematics and science honors scholarship
program.
``Sec. 419B. Mathematics and science incentive program.
``Sec. 419C. Foreign Language Partnerships.
``Sec. 419D. Authorization of appropriations.
Sec. 409. Child care access means parents in school.
Sec. 410. Learning Anytime Anywhere Partnerships.
Sec. 411. TEACH Grants.
``Sec. 420P. Program evaluation.
Part B--Federal Family Education Loans
Sec. 421. Limitations on Amounts of Loans Covered by Federal Insurance.
Sec. 422. Federal Interest Subsidies.
Sec. 423. Student loan information.
Sec. 424. Consolidation loan disclosure.
Sec. 425. Loan forgiveness for service in areas of national need.
``Sec. 428K. Loan forgiveness for service in areas of national need.
Sec. 426. Loan repayment for civil legal assistance attorneys.
``Sec. 428L. Loan repayment for civil legal assistance attorneys.
Sec. 427. Settlement of claims.
Sec. 428. Delinquency prevention, default aversion, and consumer
education information programs.
``Sec. 433A. Delinquency prevention, default aversion, and consumer
education information programs.
Sec. 429. Definition of eligible lender.
Sec. 430. Cohort default rates.
Sec. 431. Disability determinations.
Part C--College Work/Study
Sec. 441. Reauthorization.
Sec. 442. Additional funds for off-campus community service.
Sec. 443. Work Colleges.
Part D--Federal Direct Student Loans
Sec. 451. Reauthorization.
Sec. 452. Public service job definition.
Sec. 453. Identity fraud protection.
Sec. 454. Direct loan program audit and reporting requirements.
Part E--Perkins Loans
Sec. 461. Extension of authority.
Sec. 462. Allowance for books and supplies.
Sec. 463. Agreements with institutions.
Sec. 464. Perkins loan terms and conditions.
Sec. 465. Cancellation for public service.
Part F--Need Analysis
Sec. 471. Cost of attendance.
Sec. 472. Discretion to make adjustments for nursing home expenses.
Sec. 473. Definitions.
Part G--General Provisions
Sec. 481. Compliance calendar.
Sec. 482. Improvements to paper and electronic forms and processes.
Sec. 483. Increasing access to technology.
Sec. 484. Sense of the Congress; Report.
Sec. 485. Student eligibility.
Sec. 486. Assessment of costs and other charges.
Sec. 487. Readmission requirements for servicemembers.
Sec. 488. Institutional and financial assistance information for
students.
Sec. 489. Articulation agreements.
``Sec. 486A. Articulation agreements.
Sec. 490. Program participation agreements.
Sec. 491. Regulatory relief and improvement.
Sec. 492. Advisory Committee on Student Financial Assistance.
Sec. 493. Negotiated rulemaking.
Sec. 494. Technical amendment.
Sec. 495. Campus-based digital theft prevention.
``Sec. 494. Campus-based digital theft prevention.
Part H--Program Integrity
Sec. 496. Recognition of accrediting agency or association.
Sec. 497. Accreditation Ombudsman.
``Sec. 497. Accreditation Ombudsman.
Sec. 498. Program review and data.
Sec. 499. Competitive loan auction pilot program evaluation.
TITLE V--TITLE V AMENDMENTS
Sec. 501. Postbaccalaureate opportunities for Hispanic Americans.
``Part B--Promoting Postbaccalaureate Opportunities for Hispanic
Americans
``Sec. 511. Purposes.
``Sec. 512. Program authority and eligibility.
``Sec. 513. Authorized activities.
``Sec. 514. Application and duration.
TITLE VI--TITLE VI AMENDMENTS
Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for International Public Policy.
``Sec. 621. Program for foreign service professionals.
Sec. 604. Preparing for early foreign language instruction.
``Part D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION
``Sec. 631. Preparing for early foreign language instruction.
Sec. 605. Evaluation, outreach, and dissemination.
``Sec. 642. Evaluation, outreach, and dissemination.
Sec. 606. Student safety.
``Sec. 643. Student safety.
Sec. 607. Science and technology advanced foreign language education
grant program.
``Sec. 644. Science and technology advanced foreign language education
grant program.
Sec. 608. Reporting by Institutions.
``Sec. 645. Reporting by Institutions.
Sec. 609. Federal foreign language education marketing campaign.
TITLE VII--TITLE VII AMENDMENTS
Sec. 701. Javits fellowship program.
Sec. 702. Graduate assistance in areas of national need.
Sec. 703. Thurgood Marshall legal educational opportunity program.
Sec. 704. Patsy T. Mink Fellowship program.
``subpart 4--patsy t. mink fellowship program
``Sec. 722. Patsy T. Mink Fellowships.
Sec. 705. Fund for the improvement of postsecondary education.
Sec. 706. Urban-serving research universities.
``Part C--Urban-Serving Research Universities
``Sec. 751. Purpose; program authorized.
``Sec. 752. Application for urban-serving research university grants.
``Sec. 753. Allowable activities.
``Sec. 754. Definitions.
``Sec. 755. Authorization of appropriations.
Sec. 707. Programs to ensure students with disabilities receive a
quality higher education.
``subpart 1--quality higher education
``subpart 2--national technical assistance center; commission on
accessible materials; programs to support improved access to materials
``Sec. 766. National Center.
``Sec. 766A. Establishment of advisory commission on accessible
instructional materials in postsecondary education for
students with disabilities.
``Sec. 766B. Model demonstration programs to support improved access to
postsecondary instructional materials for students with
print disabilities.
``Sec. 766C. Authorization of appropriations.
``subpart 3--transition programs for students with intellectual
disabilities into higher education; coordinating center
``Sec. 767. Purpose.
``Sec. 768. Definitions.
``Sec. 769. Model comprehensive transition and postsecondary programs
for students with intellectual disabilities.
``Sec. 770. Coordinating center for technical assistance, evaluation,
and development of accreditation standards.
``Sec. 770A. Authorization of appropriations.
[[Page 1631]]
Sec. 708. Subgrants to nonprofit organizations.
Sec. 709. Nursing education.
``Part F--Nursing Education
``Sec. 776. Additional capacity for R.N. students or graduate-level
nursing students.
``Sec. 777. Nurse Faculty Pilot Project.
Sec. 710. National study on higher education access and success for
students with disabilities.
TITLE VIII--ADDITIONAL PROGRAMS
Sec. 801. Additional programs.
``TITLE VIII--ADDITIONAL PROGRAMS
``Sec. 800. Authorization of appropriations.
``Part A--Low Tuition
``Sec. 801. Incentives and rewards for low tuition.
``Part B--Cooperative Education
``Sec. 811. Statement of purpose; definition.
``Sec. 812. Reservations.
``Sec. 813. Grants for cooperative education.
``Sec. 814. Demonstration and innovation projects; training and
resource centers; and research.
``Part C--College Partnership Grants
``Sec. 821. College Partnership Grants Authorized.
``Part D--Student Success Grants
``Sec. 826. Student success grants.
``Part E--Jobs to Careers
``Sec. 831. Grants to create bridges from jobs to careers.
``Part F--Project GRAD
``Sec. 836. Project GRAD.
``Part G--Improving College Enrollment by Secondary Schools
``Sec. 841. Improving college enrollment by secondary schools.
``Part H--Diploma Mill Prevention
``Sec. 851. Purpose; Definitions.
``Sec. 852. Recognized accrediting agencies and institutions.
``Sec. 853. Accrediting agencies.
``Sec. 854. Task Force.
``Sec. 855. Sense of the Congress regarding use by States of the
Federal Plan as guidelines.
``Sec. 856. Unfair and deceptive acts and practices regarding diplomas
and professional certifications.
``Part I--Student Safety and Campus Emergency Management
``Sec. 861. Student safety and campus emergency management.
``Sec. 862. Model emergency response policies, procedures, and
practices.
``Sec. 863. Preparation for future disasters plan by the Secretary.
``Sec. 864. Education disaster and emergency relief loan program.
``Sec. 865. Guidance on mental health disclosures for student safety.
``Part J--Rural Development Grants for Rural Colleges and Universities
``Sec. 871. Purpose.
``Sec. 872. Definitions.
``Sec. 873. Ensuring college access for rural high school graduates.
``Sec. 874. Economic development partnerships.
``Sec. 875. Quality of life in rural areas.
``Sec. 876. Allocation of appropriations.
``Part K--Improving Science, Technology, Engineering, and Mathematics
Education With a Focus on Alaska Native and Native Hawaiian Students
``Sec. 880. Improving science, technology, engineering, and mathematics
education with a focus on Alaska Native and Native
Hawaiian students.
``Part L--National Database on Financial Assistance For Study of
Science, Technology, Engineering, and Mathematics
``Sec. 881. National Database on Financial Assistance For Study of
Science, Technology, Engineering, and Mathematics.
``Part M--Training for Realtime Writers
``Sec. 882. Program to promote training and job placement of realtime
writers.
``Part N--Centers of Excellence for Veteran Student Success
``Sec. 883. Model Programs for Centers of Excellence for Veteran
Student Success.
``Part O--University Sustainability Programs
``subpart 1--sustainability planning grants
``Sec. 884. Grants authorized.
``subpart 2--summit on sustainability
``Sec. 885. Summit on sustainability.
``Part P--Modeling and Simulation Programs
``Sec. 886. Modeling and Simulation.
``Part Q--Business Workforce Partnerships
``Sec. 887. Grants to create business workforce partnerships.
Sec. 802. Sense of the Congress; report.
Sec. 803. Independent evaluation of distance education programs.
Sec. 804. Encouraging colleges and universities to ``go green''.
Sec. 805. Study of costs of environmental, health, and safety
standards.
Sec. 806. Study of minority male academic achievement.
Sec. 807. Study on bias in standardized tests.
Sec. 808. Feasibility study on student loans.
Sec. 809. Endowment report.
Sec. 810. Study of Correctional Postsecondary Education.
Sec. 811. National Undergraduate Fellows Program.
Sec. 812. National Center for Learning Science and Technology Trust
Fund.
Sec. 813. GAO Study of education related indebtedness of medical school
graduates.
TITLE IX--AMENDMENTS TO OTHER LAWS
Part A--Education of the Deaf Act of 1986
Sec. 901. Laurent Clerc National Deaf Education Center.
Sec. 902. Agreement with Gallaudet University.
Sec. 903. Agreement for the National Technical Institute for the Deaf.
Sec. 904. Audit.
Sec. 905. Reports.
Sec. 906. Monitoring, evaluation, and reporting.
Sec. 907. Liaison for educational programs.
Sec. 908. Federal endowment programs for Gallaudet University and the
National Technical Institute for the Deaf.
Sec. 909. Oversight and effect of agreements.
Sec. 910. International students.
Sec. 911. Research priorities.
Sec. 912. National study on the education of the deaf.
Sec. 913. Authorization of appropriations.
Part B--INDIAN EDUCATION
subpart 1--tribal colleges and universities
Sec. 921. Reauthorization of the Tribally Controlled College or
University Assistance Act of 1978.
``Sec. 105. Technical assistance contracts.
``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS
``Sec. 501. Definition of tribally controlled postsecondary career and
technical institution.
``Sec. 502. Tribally controlled postsecondary career and technical
institutions program.
``Sec. 503. Applicability of other laws.
``Sec. 504. Authorization of appropriations.
``Sec. 1. Short title.
subpart 2--navajo higher education
Sec. 931. Reauthorization of Navajo Community College Act.
Part C--Higher Education Amendments of 1998; Higher Education
Amendments of 1992
Sec. 941. Grants for training for incarcerated individuals.
``Part D--Grants for Training for Incarcerated Individuals
``Sec. 821. Grants for improved workplace and community transition
training for incarcerated individuals.
Sec. 942. Underground railroad.
Sec. 943. Repeals of Expired and Executed Provisions.
Sec. 944. Olympic Scholarships.
Sec. 945. Establishment of Assistant Secretary for International and
Foreign Language Education.
``Sec. 207A. Office of international and foreign language education.
Part D--Justice Department Programs
Sec. 951. Loan repayment for prosecutors and defenders.
``Part JJ--Loan Repayment for Prosecutors and Public Defenders
``Sec. 3111. Grant authorization.
Sec. 952. National center for campus public safety.
Sec. 953. Private loan forgiveness.
Part E--Stevenson-Wydler Technology Innovation Act of 1980
Sec. 961. Establishment of Program.
Sec. 962. Authorization of appropriations.
TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT
Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Regulations.
Sec. 1004. Effective dates.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
Practices and Eliminating Conflicts of Interest
Sec. 1011. Amendment to the Truth in Lending Act.
`` 140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of interest.
Sec. 1012. Civil liability.
Subtitle B--Improved Disclosures for Private Educational Loans
Sec. 1021. Private educational loan disclosures and limitations.
Sec. 1022. Application of Truth in Lending Act to all private
educational loans.
Subtitle C--Financial Literacy
Sec. 1031. Coordinated education efforts.
Subtitle D--Study and Report on Nonindividual Information
Sec. 1041. Study and report on nonindividual information.
Subtitle E--Incentives For Low-Cost Educational Loans
Sec. 1051. CRA credit for low-cost educational loans.
SEC. 2. REFERENCES; EFFECTIVE DATE.
(a) References.--Except as otherwise expressly provided
therein, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision
[[Page 1632]]
of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
(b) Effective Date.--Except as otherwise provided in this
Act or the amendments made by this Act, the amendments made
by this Act shall be effective on the date of enactment of
this Act.
TITLE I--TITLE I AMENDMENTS
SEC. 101. DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION.
(a) Degree Programs.--Section 101 (20 U.S.C. 1001) is
amended--
(1) in subsection (a)(3), by inserting ``, or awards a
degree that is acceptable for admission to a graduate or
professional degree program, subject to review and approval
by the Secretary'' after ``such a degree''; and
(2) by striking subsection (b)(2) and inserting the
following:
``(2) a public or nonprofit private educational institution
in any State that, in lieu of the requirement in subsection
(a)(1), admits as regular students persons--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is located;
or
``(B) who will be dually or concurrently enrolled in the
institution and a secondary school.''.
(b) International Medical Schools.--Section 102(a)(2)(A)
(20 U.S.C. 1002(a)(2)(A)) is amended--
(1) in the first sentence, by inserting ``nursing school,''
after ``graduate medical school,'';
(2) in clause (i)--
(A) by striking ``or'' at the end of subclause (I); and
(B) by striking subclause (II) and inserting the following
new subclauses:
``(II) the institution has or had a clinical training
program that was approved by a State as of January 1, 1992,
and continues to operate a clinical training program in at
least one State, which is approved by that State; or
``(III) the institution--
``(aa) has a clinical training program that was approved by
a State before January 1, 2008;
``(bb) certifies only unsubsidized Stafford or PLUS loans
under part B of title IV to graduate and professional
students attending the institution; and
``(cc) agrees to reimburse the Secretary for the cost of
any loan defaults for students included in the institution's
cohort default rate during the previous fiscal year; or'';
and
(3) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(4) by adding at the end the following new clause:
``(iii) in the case of a nursing school located outside of
the United States, the institution--
``(I) has agreements with hospitals and eligible nursing
schools located in the United States that include provisions
for students to complete their clinical training at such
hospitals and eligible nursing schools;
``(II) certifies only unsubsidized Stafford and PLUS loans
under part B of title IV for students attending the
institution; and
``(III) agrees to reimburse the Secretary for the cost of
any loan defaults to the extent that the institution's cohort
default rate exceeds 5 percent.''.
(c) Conforming Amendment Concerning 90/10 Enforcement.--
Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
(1) by adding ``and'' after the semicolon in subparagraph
(D);
(2) by striking ``; and'' and inserting a period in
subparagraph (E); and
(3) by striking subparagraph (F).
(d) Additional Institutions.--Section 102 (20 U.S.C. 1002)
is further amended--
(1) by striking subsection (b)(2) and inserting the
following:
``(2) Additional institutions.--The term `proprietary
institution of higher education' also includes a proprietary
educational institution in any State that, in lieu of the
requirement in section 101(a)(1), admits as regular students
individuals--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is located;
or
``(B) who will be dually or concurrently enrolled in the
institution and a secondary school.''; and
(2) by striking subsection (c)(2) and inserting the
following:
``(2) Additional institutions.--The term `postsecondary
vocational institution' also includes an educational
institution in any State that, in lieu of the requirement in
section 101(a)(1), admits as regular students individuals--
``(A) who are beyond the age of compulsory school
attendance in the State in which the institution is located;
or
``(B) who will be dually or concurrently enrolled in the
institution and a secondary school.''.
SEC. 102. ADDITIONAL DEFINITIONS.
(a) Amendment.--Section 103 (20 U.S.C. 1003) is amended--
(1) by adding at the end the following new paragraphs:
``(17) Authorizing committees.--The term `authorizing
committees' means the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Education and
Labor of the House of Representatives.
``(18) Critical foreign language.--Except as otherwise
provided, the term `critical foreign language' means each of
the languages contained in the list of critical languages
designated by the Secretary in the Federal Register on August
2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the
authority of section 212(d) of the Education for Economic
Security Act (repealed by section 2303 of the Augustus F.
Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988)), except that in the
implementation of this definition with respect to a specific
title, the Secretary may set priorities according to the
purposes of such title and the national security, economic
competitiveness, and educational needs of the United States.
``(19) Distance education.--
``(A) In general.--Except as otherwise provided, the term
`distance education' means education that uses 1 or more of
the technologies described in subparagraph (B)--
``(i) to deliver instruction to students who are separated
from the instructor; and
``(ii) to support regular and substantive interaction
between the students and the instructor, synchronously or
asynchronously.
``(B) Inclusions.--For the purposes of subparagraph (A),
the technologies used may include--
``(i) the Internet;
``(ii) one-way and two-way transmissions through open
broadcast, closed circuit, cable, microwave, broadband lines,
fiber optics, satellite, or wireless communications devices;
``(iii) audio conferencing; or
``(iv) video cassette, DVDs, and CD-ROMs, if the cassette,
DVDs, and CD-ROMs are used in a course in conjunction with
the technologies listed in clauses (i) through (iii).
``(20) High-need school.--Except with respect to title II,
the term `high-need school' means a public or nonprofit
private elementary or secondary school which is in a local
educational agency which is eligible for assistance pursuant
to title I of the Elementary and Secondary Education Act of
1965 in the applicable fiscal year, and which for the purpose
of this paragraph and for that year was determined by the
Secretary (pursuant to regulations and after consultation
with the State educational agency of the State in which the
school is located) to be a school in which the enrollment of
children counted under section 1113(a)(5) of the Elementary
and Secondary Education Act of 1965 exceeds 30 percent of the
total enrollment of that school.
``(21) Limited english proficient.--The term `limited
English proficient' has the meaning given such term in
section 9101 of the Elementary and Secondary Education Act of
1965.
``(22) Universal design.--The term `universal design' means
a concept or philosophy for designing and delivering products
and services that are usable by people with the widest
possible range of functional capabilities, which include
products and services that are directly accessible (without
requiring assistive technologies) and products and services
that are interoperable with assistive technologies.
``(23) Universal design for learning.--The term `universal
design for learning' means a research-based framework for
designing curriculum (including goals, methods, materials,
and assessments) that--
``(A) provides curricular flexibility in the ways
information is presented, in the ways students respond or
demonstrate knowledge, and in the ways students are engaged;
and
``(B) reduces barriers in instruction and assessment,
provides appropriate supports and challenges, and maintains
high achievement standards for all students, including
students with disabilities.''; and
(2) by reordering paragraphs (1) through (16) and the
paragraphs added by paragraph (1) of this subsection in
alphabetical order based on the headings of such paragraphs,
and renumbering such paragraphs as so reordered.
(b) Conforming Amendments.--The Act (20 U.S.C. 1001 et
seq.) is amended--
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by
striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees'';
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by
striking ``to the Committee on Appropriations'' and all that
follows through ``House of Representatives'' and inserting
``to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and the authorizing committees'';
(4) in section 428 (20 U.S.C. 1078)--
(A) in subsection (c)(9)(K), by striking ``House Committee
on Education and the Workforce and the Senate Committee on
Labor and Human Resources'' and inserting ``authorizing
committees'';
(B) in the matter following paragraph (2) of subsection
(g), by striking ``Committee on Labor and Human Resources of
the Senate and the Committee on Education and the Workforce
of the House of Representatives'' and inserting ``authorizing
committees''; and
(C) in subsection (n)(4), by striking ``Committee on
Education and the Workforce of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees'';
(5) in section 428A(c) (20 U.S.C. 1078-1(c))--
(A) in the matter preceding subparagraph (A) of paragraph
(2), by striking ``Chairperson'' and all that follows through
``House of Representatives'' and inserting ``members of the
authorizing committees'';
[[Page 1633]]
(B) in paragraph (3), by striking ``Chairperson'' and all
that follows through ``House of Representatives'' and
inserting ``members of the authorizing committees''; and
(C) in paragraph (5), by striking ``Chairperson'' and all
that follows through ``House of Representatives'' and
inserting ``members of the authorizing committees'';
(6) in section 432 (20 U.S.C. 1082)--
(A) in subsection (f)(1)(C), by striking ``the Committee on
Education and the Workforce of the House of Representatives
or the Committee on Labor and Human Resources of the Senate''
and inserting ``either of the authorizing committees''; and
(B) in the matter following subparagraph (D) of subsection
(n)(3), by striking ``Committee on Education and the
Workforce of the House of Representatives and the Committee
on Labor and Human Resources of the Senate'' and inserting
``authorizing committees'';
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by
striking ``Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor and Human
Resources of the Senate'' and inserting ``authorizing
committees'';
(8) in section 439 (20 U.S.C. 1087-2)--
(A) in subsection (d)(1)(E)(iii), by striking ``advise the
Chairman'' and all that follows through ``House of
Representatives'' and inserting ``advise the members of the
authorizing committees'';
(B) in subsection (r)--
(i) in paragraph (3), by striking ``inform the Chairman''
and all that follows through ``House of Representatives,''
and inserting ``inform the members of the authorizing
committees'';
(ii) in paragraph (5)(B), by striking ``plan, to the
Chairman'' and all that follows through ``Education and
Labor'' and inserting ``plan, to the members of the
authorizing committees'';
(iii) in paragraph (6)(B)--
(I) by striking ``plan, to the Chairman'' and all that
follows through ``House of Representatives'' and inserting
``plan, to the members of the authorizing committees''; and
(II) by striking ``Chairmen and ranking minority members of
such Committees'' and inserting ``members of the authorizing
committees'';
(iv) in paragraph (8)(C), by striking ``implemented to the
Chairman'' and all that follows through ``House of
Representatives, and'' and inserting ``implemented to the
members of the authorizing committees, and to''; and
(v) in the matter preceding subparagraph (A) of paragraph
(10), by striking ``days to the Chairman'' and all that
follows through ``Education and Labor'' and inserting ``days
to the members of the authorizing committees''; and
(C) in subsection (s)(2)--
(i) in the matter preceding clause (i) of subparagraph (A),
by striking ``Treasury and to the Chairman'' and all that
follows through ``House of Representatives'' and inserting
``Treasury and to the members of the authorizing
committees''; and
(ii) in subparagraph (B), by striking ``Treasury and to the
Chairman'' and all that follows through ``House of
Representatives'' and inserting ``Treasury and to the members
of the authorizing committees'';
(9) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by
striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees'';
(10) in section 482(d) (20 U.S.C. 1089(d)), by striking
``Committee on Labor and Human Resources of the Senate and
the Committee on Education and Labor of the House of
Representatives'' and inserting ``authorizing committees'';
(11) in section 483(c) (20 U.S.C. 1090(c)), by striking
``Committee on Labor and Human Resources of the Senate and
the Committee on Education and the Workforce of the House of
Representatives'' and inserting ``authorizing committees'';
(12) in section 485 (20 U.S.C. 1092)--
(A) in subsection (f)(5)(A), by striking ``Committee on
Education and the Workforce of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees''; and
(B) in subsection (g)(4)(B), by striking ``Committee on
Education and the Workforce of the House of Representatives
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``authorizing committees'';
(13) in section 486 (20 U.S.C. 1093)--
(A) in subsection (e), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives'' and
inserting ``authorizing committees''; and
(B) in subsection (f)(3)--
(i) in the matter preceding clause (i) of subparagraph (A),
by striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees''; and
(ii) in the matter preceding clause (i) of subparagraph
(B), by striking ``Committee on Labor and Human Resources of
the Senate and the Committee on Education and the Workforce
of the House of Representatives'' and inserting ``authorizing
committees'';
(14) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by
striking ``Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce of
the House of Representatives'' and inserting ``authorizing
committees''; and
(15) in section 498B(d) (20 U.S.C. 1099c-2(d))--
(A) in paragraph (1), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives'' and
inserting ``authorizing committees''; and
(B) in paragraph (2), by striking ``Committee on Labor and
Human Resources of the Senate and the Committee on Education
and the Workforce of the House of Representatives'' and
inserting ``authorizing committees''.
SEC. 103. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT
ASSISTANCE.
Section 113 (20 U.S.C. 1011b) is amended--
(1) by striking ``TREATMENT OF TERRITORIES AND TERRITORIAL
STUDENT ASSISTANCE'' in the heading of such section and
inserting ``TERRITORIAL WAIVER AUTHORITY''; and
(2) by striking ``(a) Waiver Authority.--''; and
(3) by striking subsection (b).
SEC. 104. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL
QUALITY AND INTEGRITY.
(a) Amendment.--Section 114 (20 U.S.C. 1011c) is amended to
read as follows:
``SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL
QUALITY AND INTEGRITY.
``(a) Establishment.--There is established in the
Department a National Advisory Committee on Institutional
Quality and Integrity (in this section referred to as the
`Committee') to assess the process of accreditation and the
institutional eligibility and certification of such
institutions under title IV.
``(b) Membership.--
``(1) In general.--The Committee shall have 18 members, of
which--
``(A) 6 members shall be appointed by the Secretary;
``(B) 6 members shall be appointed by the Speaker of the
House of Representatives, 3 members on the recommendation of
the majority leader of the House of Representatives, and 3
members on the recommendation of the minority leader of the
House of Representatives; and
``(C) 6 members shall be appointed by the President pro
tempore of the Senate, 3 members on the recommendation of the
majority leader of the Senate, and 3 members on the
recommendation of the minority leader of the Senate.
``(2) Qualifications.--Individuals shall be appointed as
members of the Committee--
``(A) on the basis of the individuals' experience,
integrity, impartiality, and good judgment;
``(B) from among individuals who are representatives of, or
knowledgeable concerning, education and training beyond
secondary education, representing all sectors and types of
institutions of higher education (as defined in section 102);
and
``(C) on the basis of the individuals' technical
qualifications, professional standing, and demonstrated
knowledge in the fields of accreditation and administration
in higher education.
``(3) Terms of members.--Except as provided in paragraph
(5), the term of office of each member of the Committee shall
be for 6 years, except that any member appointed to fill a
vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall be
appointed for the remainder of such term.
``(4) Vacancy.--A vacancy on the Committee shall be filled
in the same manner as the original appointment was made not
later than 90 days after the vacancy occurs. If a vacancy
occurs in a position to be filled by the Secretary, the
Secretary shall publish a Federal Register notice soliciting
nominations for the position not later than 30 days after
being notified of the vacancy.
``(5) Initial terms.--The terms of office for the initial
members of the Committee shall be--
``(A) 3 years for members appointed under paragraph (1)(A);
``(B) 4 years for members appointed under paragraph (1)(B);
and
``(C) 6 years for members appointed under paragraph (1)(C).
``(6) Chairperson.--The members of the Committee shall
select a chairperson from among the members.
``(c) Functions.--The Committee shall--
``(1) advise the Secretary with respect to establishment
and enforcement of the standards of accrediting agencies or
associations under subpart 2 of part H of title IV;
``(2) advise the Secretary with respect to the recognition
of a specific accrediting agency or association;
``(3) advise the Secretary with respect to the preparation
and publication of the list of nationally recognized
accrediting agencies and associations;
``(4) advise the Secretary with respect to the eligibility
and certification process for institutions of higher
education under title IV, together with recommendations for
improvements in such process;
``(5) advise the Secretary with respect to the relationship
between--
``(A) accreditation of institutions of higher education and
the certification and eligibility of such institutions; and
``(B) State licensing responsibilities with respect to such
institutions;
``(6) take into consideration the complaints, and the
resolution of such complaints, received by the ombudsman
described in section 497 when advising the Secretary with
respect to the recognition of a specific accrediting agency
or association; and
``(7) carry out such other advisory functions relating to
accreditation and institutional eligibility as the Secretary
may prescribe by regulation.
[[Page 1634]]
``(d) Meeting Procedures.--
``(1) Schedule.--
``(A) Biannual meetings.--The Committee shall meet not less
often than twice each year, at the call of the Chairperson.
``(B) Publication of date.--The Committee shall submit the
date and location of each meeting in advance to the
Secretary, and the Secretary shall publish such information
in the Federal Register not later than 30 days before the
meeting.
``(2) Agenda.--
``(A) Establishment.--The agenda for a meeting of the
Committee shall be established by the Chairperson and shall
be submitted to the members of the Committee upon
notification of the meeting.
``(B) Opportunity for public comment.--The agenda shall
include, at a minimum, opportunity for public comment during
the Committee's deliberations.
``(3) Federal advisory committee act.--The provisions of
the Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Committee, except that section 14 of such Act
shall not apply.
``(e) Limitation.--The Committee shall not recommend denial
of an application related to the recognition of an
accrediting agency or association for any reason other than a
reason set forth in section 496.
``(f) Report and Notice.--
``(1) Notice.--The Secretary shall annually publish in the
Federal Register--
``(A) a list containing, for each member of the Committee--
``(i) the member's name;
``(ii) the date of the expiration of the member's term of
office; and
``(iii) the individual described in subsection (b)(1) who
appointed the member; and
``(B) a solicitation of nominations for each expiring term
of office on the Committee of a member appointed by the
Secretary.
``(2) Report.--Not later than September 30 of each year,
the Committee shall make an annual report to the Secretary,
the authorizing committees, and the public. The annual report
shall contain--
``(A) a detailed summary of the agenda and activities of,
and the findings and recommendations made by, the Committee
during the preceding fiscal year;
``(B) a list of the date and location of each meeting
during the preceding fiscal year;
``(C) a list of the members of the Committee and
appropriate contact information; and
``(D) a list of the functions of the Committee, including
any additional functions established by the Secretary through
regulation.
``(g) Termination.--The Committee shall terminate on
September 30, 2012.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective January 1, 2009.
SEC. 105. DRUG AND ALCOHOL ABUSE PREVENTION.
Section 120 (20 U.S.C. 1011i) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) by redesignating subparagraph (B) as subparagraph (D);
and
(C) by inserting after subparagraph (A) (as amended by
subparagraph (A) of this paragraph) the following:
``(B) determine the number of drug and alcohol-related
incidents and fatalities that--
``(i) occur on the institution's property or as part of any
of the institution's activities; and
``(ii) are reported to the institution;
``(C) determine the number and type of sanctions described
in paragraph (1)(E) that are imposed by the institution as a
result of drug and alcohol-related incidents and fatalities
on the institution's property or as part of any of the
institution's activities; and'';
(2) in subsection (e)(5), by striking ``1999'' and
inserting ``2009''; and
(3) by striking subsection (f).
SEC. 106. PRIOR RIGHTS AND OBLIGATIONS.
Section 121(a) (20 U.S.C. 1011j(a)) is amended--
(1) in paragraph (1), by striking ``1999 and for each of
the 4 succeeding fiscal years'' and inserting ``2009 and for
each succeeding fiscal year''; and
(2) in paragraph (2), by striking ``1999 and for each of
the 4 succeeding fiscal years'' and inserting ``2009 and for
each succeeding fiscal year''.
SEC. 107. IMPROVED INFORMATION CONCERNING THE FEDERAL STUDENT
FINANCIAL AID WEBSITE.
Section 131 (20 U.S.C. 1015) is amended by striking
subsection (d) and inserting the following:
``(d) Promotion of the Department of Education Federal
Student Financial Aid Website.--The Secretary--
``(1) shall display a link to the Federal student financial
aid website of the Department of Education in a prominent
place on the homepage of the Department of Education website;
and
``(2) may use administrative funds available for the
Department's operations and expenses for the purpose of
advertising and promoting the availability of the Federal
student financial aid website.
``(e) Promotion of Availability of Information Concerning
Student Financial Aid Programs of Other Departments and
Agencies.--
``(1) Availability of information.--The Secretary shall
ensure that the eligibility requirements, application
procedures, financial terms and conditions, and other
relevant information for each non-departmental student
financial assistance program are easily accessible through
the Federal student financial aid website and are
incorporated into the search matrix on such website in a
manner that permits students and parents to readily identify
the programs that are appropriate to their needs and
eligibility.
``(2) Agency response.--Each Federal department and agency
shall promptly respond to surveys or other requests for the
information required by paragraph (1), and shall identify for
the Secretary any non-departmental student financial
assistance program operated, sponsored, or supported by such
Federal department or agency.
``(3) Definition.--For purposes of this subsection, the
term `non-departmental student financial assistance program'
means any grant, loan, scholarship, fellowship, or other form
of financial aid for students pursuing a postsecondary
education that is--
``(A) distributed directly to the student or to the
student's account at on institution of higher education; and
``(B) operated, sponsored, or supported by a Federal
department or agency other than the Department of
Education.''.
SEC. 108. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
Part C of title I (20 U.S.C. 1015) is amended by adding at
the end the following new section:
``SEC. 132. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
``(a) Maintenance of Effort Required.--A State shall
provide for public institutions of higher education in such
State for any academic year beginning on or after July 1,
2008, an amount which is--
``(1) equal to or greater than the average amount provided
by such State to such institutions of higher education during
the 5 most recent preceding academic years for which
satisfactory data are available; or
``(2) equal to or greater than the amount provided by such
State to such institutions of higher education during the
preceding academic year.
``(b) Waiver.--The Secretary shall waive the requirements
of subsection (a), if the Secretary determines that such a
waiver would be equitable due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous decline in the financial resources of a State or
State educational agency, as appropriate.
``(c) Violation of Maintenance of Effort.--Notwithstanding
any other provision of law, the Secretary shall withhold from
any State that violates subsection (a) and does not receive a
waiver pursuant to subsection (b) any amount that would
otherwise be available to the State under section 415E until
such State has made significant efforts to correct such
violation.
``(d) Research Into Cost Containment Methods.--The
Secretary is authorized--
``(1) to identify methods of cost containment currently
utilized by institutions of higher education and systems of
such institutions, and research into other possible methods
of cost containment;
``(2) to disseminate--
``(A) the information obtained by such research to such
institutions and systems; and
``(B) other information concerning research that has
identified successful methods of cost containment;
``(3) to publicly recognize institutions of higher
education that are doing an effective job at cost
containment; and
``(4) to work together with such institutions and systems
to implement these methods.''.
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 132 (as added by section 108 of this
Act) the following new section:
``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) Net Price.--In this section, the term `net price'
means the average yearly tuition and fees paid by a full-time
undergraduate student at an institution of higher education,
after discounts and grants from the institution, the Federal
Government, or a State have been applied to the full price of
tuition and fees at the institution.
``(b) Higher Education Price Index.--
``(1) In general.--Not later than 1 year after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Bureau of Labor Statistics, in consultation with
the Commissioner of Education Statistics and representatives
of institutions of higher education, shall develop higher
education price indices that accurately reflect the annual
change in tuition and fees for undergraduate students in the
categories of institutions listed in paragraph (2). Such
indices shall be updated annually. Prior to the completion of
the higher education price index, the Secretary is authorized
to use an alternative, comparable index.
``(2) Development.--The higher education price indices
under paragraph (1) shall be developed for each of the
following categories:
``(A) 4-year public institutions of higher education.
``(B) 4-year private, nonprofit institutions of higher
education.
``(C) 4-year private, for-profit institutions of higher
education.
``(D) 2-year public institutions of higher education.
``(E) 2-year private, nonprofit institutions of higher
education.
[[Page 1635]]
``(F) 2-year private, for-profit institutions of higher
education.
``(G) Less than 2-year public institutions of higher
education.
``(H) Less than 2-year private, nonprofit institutions of
higher education.
``(I) Less than 2-year private, for-profit institutions of
higher education.
``(J) All types of institutions described in subparagraphs
(A) through (I).
``(c) Reporting.--
``(1) In general.--The Secretary shall make publicly
available on an annual basis, in a sortable electronic format
on the College Navigator website, a national list ranking
institutions of higher education according to the percentage
change and dollar change in such institutions' tuition and
fees over the preceding 3 years. Such list shall be capable
of being sorted by State, by category as determined under
paragraph (2), by percentage change, and by dollar change.
The purpose of such list is to provide consumers with general
information on pricing trends among institutions of higher
education nationally and in each State.
``(2) Categories.--The categories to be used for the list
described in paragraph (1) are the categories listed in
subparagraphs (A) through (I) of subsection (b)(2).
``(3) Higher education price increase watch lists.--
Effective July 1, 2008, the Secretary shall annually update
and make publicly available on the College Navigator website,
the national list developed under paragraph (1), and the list
for each State, ranking each institution of higher education
whose tuition and fees outpace such institution's applicable
higher education price index described in subsection (b).
Such lists shall--
``(A) be known as the Higher Education Price Increase Watch
Lists;
``(B) report the full price of tuition and fees at the
institution and the net price;
``(C) include data cells for common expenditures for
institutions to utilize;
``(D) where applicable, report the average price of room
and board for students living on campus at the institution,
except that such price shall not be used in determining
whether an institution's cost outpaces such institution's
applicable higher education price index; and
``(E) be compiled by the Secretary in a public document to
be widely published and disseminated.
``(4) Quality efficiency task forces.--
``(A) Required.--Each institution subject to paragraph (3)
shall establish a quality-efficiency task force to review the
operations of such institution.
``(B) Functions.--Such task force shall analyze
institutional operating costs in comparison with such costs
at other institutions within the same category of
institutions. Such analysis shall identify areas where, in
comparison with other institutions in such class, the
institution operates more expensively to produce a similar
result. Any identified areas shall then be targeted for in-
depth analysis for cost reduction opportunities.
``(C) Report.--The results of the analysis by a quality-
efficiency task force under this paragraph shall be made
available to the public on the College Navigator website.
``(5) Exemptions.--Notwithstanding paragraph (3), an
institution shall not be placed on the higher education watch
list if, for any 3-year interval for the computed price under
paragraph (1)--
``(A) with respect to the category of institutions
described in paragraph (2) to which the institution belongs,
the computed price of the institution is in the lowest
quartile of institutions within such class, as determined by
the Secretary, during the last year of such 3-year interval;
or
``(B) the institution has a percentage change in its full
price computed under paragraph (3) that exceeds the higher
education price index, or exceeds the applicable higher
education price index over the same time period, but the
dollar amount of the full price increase is less than $500,
or the full price increase is an average of the higher
education price index plus $500 per year.
``(6) State higher education appropriations chart.--The
Secretary shall annually report on the Department's website,
in charts for each State--
``(A) a comparison of the percentage change in State
appropriations per enrolled student in a public institution
of higher education in the State to the percentage change in
tuition and fees for each public institution of higher
education in the State for each of the previous 5 years; and
``(B) the total amount of need-based and merit-based aid
provided by the State to students enrolled in an institution
of higher education in the State.
``(d) Net Price Calculator.--
``(1) Development.--Not later than 1 year after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall, in consultation with institutions
of higher education, develop and make several model net price
calculators to help students, families, and consumers
determine the net price of an institution of higher
education, which institutions of higher education may, at
their discretion, elect to use pursuant to paragraph (3).
``(2) Categories.--The model net price calculators
described in paragraph (1) shall be developed for each of the
categories listed in subparagraphs (A) through (I) of
subsection (b)(2).
``(3) Use of net price calculator by institutions.--Not
later than 3 years after the date of enactment of the College
Opportunity and Affordability Act of 2007, each institution
of higher education that receives Federal funds under this
Act shall adopt and use a net price calculator to help
students, families, and other consumers determine the net
price of such institution of higher education. Such
calculator may be--
``(A) based on a model calculator developed by the
Department; or
``(B) developed by the institution of higher education.
``(e) Net Price Reporting in Application Information.--An
institution of higher education that receives Federal funds
under this Act shall include, in the materials accompanying
an application for admission to the institution, the most
recent information regarding the net price of the
institution, calculated for each quartile of students based
on the income of either the students' parents or, in the case
of independent students (as such term is described in section
480), of the students, for each of the 2 academic years
preceding the academic year for which the application is
produced.
``(f) Enhanced College Navigator.--
``(1) University and college accountability network.--Not
later than 1 year after the date of enactment of the College
Opportunity and Affordability Act of 2007, the Secretary
shall develop a model format for annually publicly displaying
basic information about an institution of higher education
that chooses to participate, to be posted on the College
Navigator and made available to institutions of higher
education, students, families, and other consumers. Such
document shall be known as the University and College
Accountability Network (U-CAN), and shall include, the
following information about the institution of higher
education for the most recent academic year for which the
institution has available data, presented in a consumer-
friendly manner:
``(A) A statement of the institution's mission and
specialties.
``(B) The total number of undergraduate students who
applied, were admitted, and enrolled at the institution.
``(C) Where applicable, reading, writing, mathematics, and
combined scores on the SAT or ACT for the middle 50 percent
range of the institution's freshman class.
``(D) Enrollment of full-time, part-time, and transfer
students at the institution, at the undergraduate and (where
applicable) graduate levels.
``(E) Percentage of male and female undergraduate students
enrolled at the institution.
``(F) Percentage of enrolled undergraduate students from
the State in which the institution is located, from other
States, and from other countries.
``(G) Percentage of enrolled undergraduate students at the
institution by race and ethnic background.
``(H) Retention rates for full-time and part-time first-
time, first-year undergraduate students enrolled at the
institution.
``(I) Average time to degree or certificate completion for
first-time, first-year undergraduate students enrolled at the
institution.
``(J) Percentage of enrolled undergraduate students who
graduate within 2 years (in the case of 2-year institutions),
and 4, 5, and 6 years (in the case of 2-year and 4-year
institutions).
``(K) Number of students who obtained a certificate or an
associate's, bachelor's, master's, or doctoral degree at the
institution.
``(L) Undergraduate major areas of study with the highest
number of degrees awarded.
``(M) The student-faculty ratio, and number of full-time,
part-time, and adjunct faculty, and graduate teaching and
research assistants with instructional responsibilities, at
the institution.
``(N) Percentage of faculty at the institution with the
highest degree in their field.
``(O) Percentage change in total price in tuition and fees
and the net price for an undergraduate at the institution in
each of the preceding 3 academic years.
``(P) Total average yearly cost of tuition and fees, room
and board, and books and other related costs for an
undergraduate student enrolled at the institution, for--
``(i) full-time undergraduate students living on campus;
``(ii) full-time undergraduate students living off campus;
and
``(iii) in the case of students attending a public
institution of higher education, such costs for in-State and
out-of-State students living on and off campus.
``(Q) Average yearly grant amount (including Federal,
State, and institutional aid) for a student enrolled at the
institution.
``(R) Average yearly amount of Federal student loans, and
other loans provided through the institution, to
undergraduate students enrolled at the institution.
``(S) Total yearly grant aid available to undergraduate
students enrolled at the institution, from the Federal
Government, a State, the institution, and other sources.
``(T) Percentage of undergraduate students enrolled at the
institution receiving Federal, State, and institutional
grants, student loans, and any other type of student
financial assistance provided publicly or through the
institution, such as Federal work-study funds.
``(U) Number of students receiving Federal Pell Grants at
the institution.
``(V) Average net price for all undergraduate students
enrolled at the institution.
``(W) Percentage of first-year undergraduate students
enrolled at the institution who live on campus and off
campus.
``(X) Information on the policies of the institution
related to transfer of credit from other institutions.
[[Page 1636]]
``(Y) Information on campus safety required to be collected
under section 485(f).
``(Z) Links to the appropriate sections of the
institution's website that provide information on student
activities offered by the institution, such as
intercollegiate sports, student organizations, study abroad
opportunities, intramural and club sports, specialized
housing options, community service opportunities, cultural
and arts opportunities on campus, religious and spiritual
life on campus, and lectures and outside learning
opportunities.
``(AA) Links to the appropriate sections of the
institution's website that provide information on services
offered by the institution to students during and after
college, such as internship opportunities, career and
placement services, and preparation for further education.
``(2) Consultation.--The Secretary shall ensure that
current and prospective college students, family members of
such students, and institutions of higher education are
consulted in carrying out paragraph (1).
``(g) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary shall conduct a
survey of student aid recipients under title IV on a regular
cycle and State-by-State basis, but not less than once every
4 years--
``(A) to identify the population of students receiving
Federal student aid;
``(B) to describe the income distribution and other
socioeconomic characteristics of federally aided students;
``(C) to describe the combinations of aid from State,
Federal, and private sources received by students from all
income groups;
``(D) to describe the debt burden of educational loan
recipients and their capacity to repay their education debts,
and the impact of such debt burden on career choices;
``(E) to describe the role played by the price of
postsecondary education in the determination by students of
what institution to attend; and
``(F) to describe how the increased costs of textbooks and
other instructional materials affects the costs of
postsecondary education to students.
``(2) Survey design.--The survey shall be representative of
full-time and part-time, undergraduate, graduate,
professional, and current and former students in all types of
institutions, and designed and administered in consultation
with the Congress and the postsecondary education community.
``(3) Dissemination.--The Commissioner of Education
Statistics shall disseminate the information resulting from
the survey in both printed and electronic form.
``(h) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.''.
SEC. 110. TEXTBOOK INFORMATION.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 133 (as added by section 109 of this
Act) the following new section:
``SEC. 134. TEXTBOOK INFORMATION.
``(a) Purpose and Intent.--The purpose of this section is
to ensure that every student in higher education is offered
better and more timely access to affordable course materials
by educating and informing faculty, students, administrators,
institutions of higher education, bookstores, distributors,
and publishers on all aspects of the selection, purchase,
sale, and use of course materials. It is the intent of this
section--
``(1) to have all involved parties work together to
identify ways to decrease the cost of college textbooks and
supplemental materials for students while protecting the
academic freedom of faculty members to select high quality
course materials for students; and
``(2) to encourage--
``(A) college textbook publishers and distributors to work
with faculty to promote understanding of the cost to students
of purchasing faculty selected textbooks, including the
disclosure of prices and bundling practices;
``(B) college bookstores to work with faculty to review
timelines and processes for ordering and stocking course
materials, and to disclose costs to faculty and students in a
timely manner;
``(C) institutions of higher education to implement
numerous options to address college textbook affordability;
``(D) institutions of higher education to work with student
organizations to help students understand the factors driving
textbook costs and available methods and resources to
mitigate the effects of those costs; and
``(E) innovation in the development and use of course
materials (including course materials utilizing the
principles of universal design) and technologies that can
help students receive the full value of their educational
investment.
``(b) Definitions.--In this section:
``(1) Bundle.--The term `bundle' means one or more college
textbooks or other supplemental learning materials that may
be packaged together to be sold as course materials for one
price.
``(2) College textbook.--The term `college textbook' means
a textbook or a set of textbooks, used for, or in conjunction
with, a course in postsecondary education at an institution
of higher education.
``(3) Course schedule.--The term `course schedule' means a
listing of the courses or classes offered by an institution
of higher education for an academic period, as defined by the
institution.
``(4) Custom textbook.--The term `custom textbook'--
``(A) means a college textbook that is compiled at the
direction of a faculty member or other person or adopting
entity in charge of selecting course materials at an
institution of higher education; and
``(B) may include, alone or in combination, items such as
selections from original instructor materials, previously
copyrighted publisher materials, copyrighted third-party
works, and elements unique to a specific institution, such as
commemorative editions.
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102.
``(6) Integrated textbook.--The term `integrated textbook'
means a college textbook that is combined with materials
developed by a third party and that, by third-party
contractual agreement, may not be offered by publishers
separately from the college textbook with which the materials
are combined.
``(7) Publisher.--The term `publisher' means a publisher of
college textbooks or supplemental materials involved in or
affecting interstate commerce.
``(8) Substantial content.--The term `substantial content'
means parts of a college textbook, such as new chapters,
additional eras of time, new themes, or new subject matter.
``(9) Supplemental material.--The term `supplemental
material' means educational material developed to accompany a
college textbook, which--
``(A) may include printed materials, computer disks,
website access, and electronically distributed materials; and
``(B) is not bound by third-party contractual agreements to
be sold in an integrated textbook.
``(c) Publisher Requirements.--
``(1) College textbook pricing information.--When a
publisher provides a faculty member or other person or
adopting entity in charge of selecting course materials at an
institution of higher education with information regarding a
college textbook or supplemental material, the publisher
shall include, with any such information and in writing, the
following:
``(A) The price at which the publisher would make the
college textbook or supplemental material available to the
bookstore on the campus of, or otherwise associated with,
such institution of higher education.
``(B) The copyright dates of all previous editions of such
college textbook, if any.
``(C) The substantial content revisions made between the
current edition of the college textbook or supplemental
material and the previous edition, if any.
``(D) Whether the college textbook or supplemental material
is available in any other format, including paperback and
unbound, and the price at which the publisher would make the
college textbook or supplemental material in the other format
available to the bookstore on the campus of, or otherwise
associated with, such institution of higher education.
``(2) Unbundling of college textbooks from supplemental
materials.--A publisher that sells a college textbook and any
supplemental material accompanying such college textbook as a
single bundle shall also make available the college textbook
and each supplemental material as separate and unbundled
items, each separately priced.
``(3) Custom textbooks.--To the maximum extent practicable,
publishers shall provide the information required under this
subsection with respect to the development and provision of
custom textbooks.
``(d) Provision of ISBN College Textbook Information in
Course Schedules.--
``(1) Internet course schedules.--Each institution of
higher education, to the maximum extent practicable, shall--
``(A) disclose the International Standard Book Number and
retail price information of required and recommended
textbooks, related materials, and supplies for each course
listed in the institution's course schedule used for pre-
registration and registration purposes;
``(B) if the International Standard Book Number is not
available for the items listed in subparagraph (A), use the
author, title, publisher, and copyright date; and
``(C) if the institution determines that the disclosure of
the information described in the preceding subparagraphs for
a course is not practicable for a textbook, related material,
or supply, then it should so indicate by placing the
designation `To Be Determined' in lieu of the information
required under such subparagraphs.
``(2) Written course schedules.--In the case of an
institution of higher education that does not publish the
institution's course schedule for the subsequent academic
period on the Internet, the institution of higher education
shall include the information required under paragraph (1) in
any printed version of the institution's course schedule as
it is available at the time of the course schedule's
printing.
``(e) Availability of Information for College Bookstores.--
An institution of higher education shall make available, as
soon as is practicable, upon the request of any college
bookstore, the most accurate information available
regarding--
``(1) the institution's course schedule for the subsequent
academic period; and
``(2) for each course or class offered by the institution
for the subsequent academic period--
``(A) the information required by subsection (d)(1) for
each college textbook or supplemental material required or
recommended for such course or class;
``(B) the number of students enrolled in such course or
class; and
[[Page 1637]]
``(C) the maximum student enrollment for such course or
class.
``(f) Rule of Construction.--Nothing in this section shall
be construed to supercede the institutional autonomy or
academic freedom of instructors involved in the selection of
college textbooks and classroom materials.
``(g) Effective Date.--This section shall be effective on
and after July 1, 2008.''.
SEC. 111. DATABASE OF STUDENT INFORMATION PROHIBITED.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 134 (as added by section 110 of this
Act) the following new section:
``SEC. 135. DATABASE OF STUDENT INFORMATION PROHIBITED.
``(a) Prohibition.--Except as described in subsection (b),
nothing in this Act shall be construed to authorize the
Secretary to develop, implement, or maintain a Federal
database of personally identifiable information on
individuals receiving assistance under this Act, attending
institutions receiving assistance under this Act, or
otherwise involved in any studies or other collections of
data under this Act, including a student unit record system,
an education bar code system, or any other system that tracks
individual students over time.
``(b) Exception.--The provisions of subsection (a) shall
not apply to a system (or a successor system) that is
necessary for the operation of programs authorized by title
II, IV, or VII, or data required to be collected by the
Secretary under this Act (including section 133(g)), that
were in use by the Secretary, directly or through a
contractor, as of the day before the date of enactment of the
College Opportunity and Affordability Act of 2007.
``(c) State Databases.--Nothing in this Act shall prohibit
a State or a consortium of States from developing,
implementing, or maintaining State-developed databases that
track individuals over time, including student unit record
systems that contain information related to enrollment,
attendance, graduation and retention rates, student financial
assistance, and graduate employment outcomes.''.
SEC. 112. INSTITUTION AND LENDER REPORTING AND DISCLOSURE
REQUIREMENTS.
Title I (20 U.S.C. 1001 et seq.) is amended by adding at
the end the following:
``PART E--LENDER AND INSTITUTION REQUIREMENTS RELATING TO EDUCATIONAL
LOANS
``SEC. 151. DEFINITIONS.
``In this part:
``(1) Covered institution.--The term `covered
institution'--
``(A) means any educational institution that--
``(i) offers a postsecondary educational degree,
certificate, or program of study (including any institution
of higher education, as such term is defined in section 102);
and
``(ii) receives any Federal funding or assistance; and
``(B) includes an authorized agent of the educational
institution (including an alumni association, booster club,
or other organization directly or indirectly authorized by
such institution) or an employee of such institution.
``(2) Educational loan.--The term `educational loan'
(except when used as part of the term `private educational
loan') means--
``(A) any loan made, insured, or guaranteed under title IV;
or
``(B) a private educational loan (as defined in paragraph
(6)).
``(3) Preferred lender arrangement.--The term `preferred
lender arrangement'--
``(A) means an arrangement or agreement between a lender
and a covered institution--
``(i) under which arrangement or agreement a lender
provides or otherwise issues educational loans to the
students attending the covered institution or the parents of
such students; and
``(ii) which arrangement or agreement relates to the
covered institution recommending, promoting, or endorsing the
educational loan product of the lender; and
``(B) does not include--
``(i) arrangements or agreements with respect to loans
under parts D or E of title IV; or
``(ii) arrangements or agreements with respect to loans
under section 499(b).
``(4) Lender.--
``(A) In general.--The term `lender'--
``(i) means a creditor, except that such term shall not
include an issuer of credit secured by a dwelling or under an
open end credit plan; and
``(ii) includes an agent of a lender.
``(B) Incorporation of tila definitions.--The terms
`creditor', `dwelling', and `open end credit plan' have the
meanings given such terms in section 103 of the Truth in
Lending Act (15 U.S.C. 1602).
``(5) Officer.--The term `officer' includes a director or
trustee of a covered institution, if such individual is
treated as an employee of the covered institution.
``(6) Private educational loan.--The term `private
educational loan' means a private loan provided by a lender
that--
``(A) is not made, insured, or guaranteed under title IV;
and
``(B) is issued by a lender expressly for postsecondary
educational expenses to a student, or the parent of the
student, regardless of whether the loan involves enrollment
certification by the educational institution that the student
attends.
``(7) Postsecondary educational expenses.--The term
`postsecondary educational expenses' means any of the
expenses that are included as part of a student's cost of
attendance, as defined under section 472.
``SEC. 152. REQUIREMENTS FOR LENDERS AND INSTITUTIONS
PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.
``(a) Certification by Lenders.--In addition to any other
disclosure required under Federal law, each lender under part
B of title IV that participates in one or more preferred
lender arrangements shall annually certify its compliance
with the requirements of this Act. Such compliance of such
preferred lender arrangement shall be reported on and
attested to annually by the auditor of such lender in the
audit conducted pursuant to section 428(b)(1)(U)(iii).
``(b) Use of Institution Name.--
``(1) In general.--A covered institution that has entered
into a preferred lender arrangement with a lender regarding
private educational loans shall not agree to the lender's use
of the name, emblem, mascot, or logo of the institution, or
other words, pictures, or symbols readily identified with the
institution, in the marketing of private educational loans to
the students attending the institution in any way that
implies that the institution endorses the private educational
loans offered by the lender.
``(2) Applicability.--Paragraph (1) shall apply to any
preferred lender arrangement, or extension of such
arrangement, entered into or renewed after the date of
enactment of the College Opportunity and Affordability Act of
2007.
``SEC. 153. INTEREST RATE REPORT FOR INSTITUTIONS AND LENDERS
PARTICIPATING IN PREFERRED LENDER ARRANGEMENTS.
``(a) Duties of the Secretary.--
``(1) Report and model format.--Not later than 180 days
after the date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall--
``(A) prepare a report on the adequacy of the information
provided to students and the parents of such students about
educational loans, after consulting with students,
representatives of covered institutions (including financial
aid administrators, registrars, and business officers),
lenders, loan servicers, and guaranty agencies;
``(B) develop and prescribe by regulation a model
disclosure form to be used by lenders and covered
institutions in carrying out subsections (b) and (c) that--
``(i) will be easy for students and parents to read and
understand;
``(ii) will be easily usable by lenders, institutions,
guaranty agencies, and loan servicers;
``(iii) will provide students and parents with the
relevant, meaningful, and standard information about the
terms and conditions for both Federal and private educational
loans;
``(iv) is based on the report's findings and developed in
consultation with--
``(I) students;
``(II) representatives of covered institutions, including
financial aid administrators, registrars, business officers,
and student affairs officials;
``(III) lenders;
``(IV) loan servicers;
``(V) guaranty agencies; and
``(VI) with respect to the requirements of clause (vi)
concerning private educational loans, the Board of Governors
of the Federal Reserve System;
``(v) provides information on the applicable interest rates
and other terms and conditions of the educational loans
provided by a lender to students attending the institution,
or the parents of such students, disaggregated by each type
of educational loan (including opportunity pools as defined
in section 155(f)) provided to such students or parents by
the lender, including--
``(I) the rate of interest, or the potential range of rates
of interest, applicable to the loan, and whether such rates
are fixed or variable;
``(II) limitations, if any, on interest rate adjustments,
both in terms of frequency and amount, or lack thereof;
``(III) co-borrower requirements, including changes in
interest rates;
``(IV) any fees associated with the loan;
``(V) the repayment terms available on the loan;
``(VI) the opportunity for deferment or forbearance in
repayment of the loan, including whether the loan payments
can be deferred if the student is in school;
``(VII) any additional terms and conditions applied to the
loan, including any benefits that are contingent on the
repayment behavior of the borrower;
``(VIII) the annual percentage rate for such loans,
determined in the manner required under section 107 of the
Truth in Lending Act (15 U.S.C. 1606);
``(IX) an example of the total cost of the educational loan
over the life of the loan which shall be calculated--
``(aa) using a principal amount and the maximum rate of
interest actually offered by the lender; and
``(bb) both with and without capitalization of interest, if
that is an option for postponing interest payments;
``(X) the consequences for the borrower of defaulting on a
loan, including any limitations on the discharge of an
educational loan in bankruptcy;
``(XI) contact information for the lender; and
``(XII) any philanthropic contributions made by the lender
to the covered institution, including the purpose of the
contribution and any conditions related to its use; and
``(vi) provides, in addition, with respect to private
educational loans, the following information with respect to
loans made by each lender recommended by the covered
institution:
[[Page 1638]]
``(I) the method of determining the interest rate of the
loan;
``(II) potential finance charges, late fees, penalties, and
adjustments to principal, based on defaults or late payments
of the borrower; and
``(III) such other information as the Secretary may
require; and
``(C)(i) submit the report and model disclosure form to the
authorizing committees; and
``(ii) make the report and model disclosure form available
to covered institutions, lenders, and the public.
``(2) Model form update.--Not later than 1 year after the
submission of the report and model disclosure form described
in paragraph (1)(B), the Secretary shall--
``(A) assess the adequacy of the model disclosure form;
``(B) after consulting with students, representatives of
covered institutions (including financial aid administrators,
registrars, business officers, and student affairs
officials), lenders, loan servicers, guaranty agencies, and
the Board of Governors of the Federal Reserve System--
``(i) prepare a list of any improvements to the model
disclosure form that have been identified as beneficial to
borrowers; and
``(ii) update the model disclosure form after taking such
improvements into consideration; and
``(C)(i) submit the list of improvements and updated model
disclosure form to the authorizing committees; and
``(ii) make the updated model disclosure form available to
covered institutions, lenders, and the public.
``(3) Use of form.--The Secretary shall take such steps as
necessary to make the model disclosure form, and the updated
model disclosure form, available to covered institutions and
to encourage--
``(A) lenders subject to subsection (b) to use the model
disclosure form or updated model disclosure form (if
available) in providing the information required under
subsection (b); and
``(B) covered institutions to use such format in preparing
the information reported under subsection (c).
``(4) Procedures.--Sections 482(c) and 492 of this Act
shall not apply to the model disclosure form prescribed under
paragraph (1)(B), but shall apply to the updating of such
form under paragraph (2).
``(b) Lender Duties.--Each lender that has a preferred
lender arrangement with a covered institution shall, by
August 1 of each year, provide to the covered institution and
to the Secretary the information included on the model
disclosure form or an updated model disclosure form (if
available) for each type of educational loan (including
opportunity pools as defined in section 155(f)) to be offered
by the lender to students attending the covered institution,
or the parents of such students, for the forthcoming academic
year.
``(c) Covered Institution Reports.--Each covered
institution shall--
``(1) prepare and submit to the Secretary an annual report,
by a date determined by the Secretary, that includes, for
each lender that has a preferred lender arrangement with the
covered institution and that has submitted to the institution
the information required under subsection (b)--
``(A) the information included on the model disclosure form
or updated model disclosure form (if available) for each type
of educational loan provided by the lender to students
attending the covered institution, or the parents of such
students; and
``(B) a detailed explanation of why the covered institution
believes the terms and conditions of each type of educational
loan provided pursuant to the agreement are beneficial for
students attending the covered institution, or the parents of
such students; and
``(2) ensure that the report required under paragraph (1)
is made available to the public and provided to students
attending or planning to attend the covered institution, and
the parents of such students, in time for the student or
parent to take such information into account before applying
for or selecting an educational loan.
``(d) Disclosures by Covered Institutions.--A covered
institution shall disclose, on its website and in the
informational materials described in subsection (e)--
``(1) a statement that--
``(A) indicates that students are not limited to or
required to use the lenders the institution recommends; and
``(B) the institution is required to process the documents
required to obtain a Federal educational loan from any
eligible lender the student selects;
``(2) at a minimum, all of the information provided by the
model disclosure form prescribed under subsection (a)(1)(B),
or updated model disclosure form (if available), with respect
to any lender recommended by the institution for Federal
educational loans and, as applicable, private educational
loans (including opportunity pools as defined in section
155(f));
``(3) the maximum amount of Federal grant and loan aid
available to students in an easy-to-understand format; and
``(4) the institution's cost of attendance (as determined
under section 472).
``(e) Informational Materials.--The informational materials
described in this subsection are publications, mailings, or
electronic messages or media distributed to prospective or
current students and parents of students that describe or
discuss the financial aid opportunities available to students
at an institution of higher education.
``SEC. 154. PRIVATE EDUCATIONAL LOAN DISCLOSURE REQUIREMENTS
FOR COVERED INSTITUTIONS.
``A covered institution that provides information to any
student, or the parent of such student, regarding a private
educational loan from a lender shall, prior to or concurrent
with such information--
``(1) inform the student or parent of--
``(A) the student or parent's eligibility for assistance
and loans under title IV; and
``(B) the terms and conditions of such private educational
loan that may be less favorable than the terms and conditions
of educational loans for which the student or parent is
eligible, including interest rates, repayment options, and
loan forgiveness; and
``(2) ensure that information regarding such private
educational loan is presented in such a manner as to be
distinct from information regarding loans that are made,
insured, or guaranteed under title IV.
``SEC. 155. INTEGRITY PROVISIONS.
``(a) Institution Code of Conduct Required.--
``(1) Code of conduct.--Each institution of higher
education that participates in the Federal student loan
programs under title IV or has students that obtain private
educational loans shall--
``(A) develop a code of conduct in accordance with
paragraph (2) with which its officers, employees, and agents
shall comply with respect to educational loans;
``(B) publish the code of conduct prominently on its
website; and
``(C) administer and enforce such code in accordance with
the requirements of this subsection.
``(2) Contents of code.--The code required by this section
shall--
``(A) prohibit a conflict of interest with the
responsibilities of such officer, employee, or agent with
respect to educational loans; and
``(B) at a minimum, include provisions in compliance with
the provisions of the following subsections of this section.
``(3) Training and compliance.--An institution of higher
education shall administer and enforce a code of conduct
required by this section by, at a minimum, requiring all of
its officers, employees, and agents with responsibilities
with respect to educational loans to obtain training annually
in compliance with the code.
``(b) Gift Ban.--
``(1) Prohibition.--No officer, employee, or agent of a
covered institution who is employed in the financial aid
office of the institution, or who otherwise has
responsibilities with respect to educational loans, shall
solicit or accept any gift from a lender, guarantor, or
servicer of educational loans.
``(2) Inspector general report.--The Inspector General of
the Department of Education shall investigate any reported
violation of this subsection and shall annually submit a
report to the authorizing committees identifying all
substantiated violations of the gift ban under paragraph (1),
including the lenders and covered institutions involved in
each such violation, for the preceding year.
``(3) Definition of gift.--
``(A) In general.--In this subsection, the term `gift'
means any gratuity, favor, discount, entertainment,
hospitality, loan, or other item having a monetary value of
more than a de minimus amount. The term includes a gift of
services, transportation, lodging, or meals, whether provided
in kind, by purchase of a ticket, payment in advance, or
reimbursement after the expense has been incurred.
``(B) Exceptions.--The term `gift' shall not include any of
the following:
``(i) Standard informational material related to a loan or
financial literacy, such as a brochure.
``(ii) Food, refreshments, training, or informational
material furnished to an officer, employee, or agent of an
institution as an integral part of a training session that is
designed to improve the service of a lender, guarantor, or
servicer of educational loans to the covered institution, if
such training contributes to the professional development of
the officer, employee, or agent of the institution.
``(iii) Favorable terms, conditions, and borrower benefits
on an educational loan provided to a student employed by the
covered institution if such terms, conditions, or benefits
are comparable to those provided to all students of the
institution.
``(iv) Exit counseling services provided to borrowers to
meet a covered institution's responsibilities for exit
counseling as required by section 485(b) provided that--
``(I) a covered institution's staff are in control of the
counseling (whether in person or via electronic
capabilities); and
``(II) such counseling does not promote the products or
services of any lender.
``(v) Philanthropic contributions to a covered institution
from a lender, guarantor, or servicer of educational loans
that are unrelated to educational loans, provided, as
applicable, that such contributions are disclosed pursuant to
section 153(a)(1) and section 153(a)(2).
``(C) Rule for gifts to family members.--For purposes of
this section, a gift to a family member of an officer,
employee, or agent of a covered institution, or a gift to any
other individual based on that individual's relationship with
the officer, employee, or agent, shall be considered a gift
to the officer, employee, or agent if--
``(i) the gift is given with the knowledge and acquiescence
of the officer, employee, or agent; and
[[Page 1639]]
``(ii) the officer, employee, or agent has reason to
believe the gift was given because of the official position
of the officer, employee, or agent.
``(c) Contracting Arrangements Prohibited.--
``(1) Prohibition.--An officer, employee, or agent who is
employed in the financial aid office of a covered
institution, or who otherwise has responsibilities with
respect to educational loans, shall not accept from any
lender or affiliate of any lender (as the term affiliate is
defined in section 487(a)) any fee, payment, or other
financial benefit (including the opportunity to purchase
stock) as compensation for any type of consulting arrangement
or other contract to provide services to a lender or on
behalf of a lender.
``(2) Exceptions.--Nothing in this subsection shall be
construed as prohibiting--
``(A) an officer, employee, or agent of a covered
institution who is not employed in the institution's
financial aid office, or who does not otherwise have
responsibilities with respect to educational loans, from paid
or unpaid service on a board of directors of a lender,
guarantor, or servicer of educational loans;
``(B) an officer, employee, or agent of a covered
institution who is not employed in the financial aid office
but who has responsibility with respect to educational loans
as a result of a position held at the covered institution,
from paid or unpaid service on a board of directors of a
lender, guarantor, or servicer of educational loans, provided
that the covered institution has a written conflict of
interest policy that clearly sets forth that such an officer,
employee, or agent must be recused from participating in any
decision of the board with respect to any transaction
regarding educational loans; or
``(C) an officer, employee, or agent of a lender,
guarantor, or servicer of educational loans from serving on a
board of directors or serving as a trustee of a covered
institution, provided that the covered institution has a
written conflict of interest policy that clearly sets forth
the procedures to be followed in instances where such a board
member's or trustee's personal or business interests with
respect to educational loans may be advanced by an action of
the board of directors or trustees, including a provision
that such a board member or trustee may not participate in
any decision to approve any transaction where such
conflicting interests may be advanced.
``(d) Ban on Revenue Sharing Arrangements.--
``(1) Prohibition.--A covered institution shall not enter
into any revenue sharing arrangement with any lender.
``(2) Definition.--For purposes of this subsection, a
revenue sharing arrangement is an arrangement between a
covered institution and a lender under which--
``(A) a lender provides or issues educational loans to
students attending the institution or to parents of such
students; and
``(B)(i) the institution recommends the lender or the loan
products of the lender; and
``(ii) in exchange, the lender pays a fee or provides other
material benefits, including revenue or profit sharing, to
the institution or officers, employees, or agents of the
institution.
``(e) Ban on Staffing Assistance.--
``(1) Prohibition.--A covered institution shall not request
or accept from any lender any assistance with call center
staffing or financial aid office staffing.
``(2) Certain assistance permitted.--Nothing in paragraph
(1) shall be construed to prohibit a covered institution from
requesting or accepting assistance from a lender related to--
``(A) professional development training for financial aid
administrators;
``(B) providing educational counseling materials, financial
literacy materials, or debt management materials to
borrowers, provided that such materials disclose to borrowers
the identification of any lender that assisted in preparing
or providing such materials; or
``(C) staffing services on a short-term, non-recurring
basis to assist the institution with financial aid-related
functions during emergencies, including State-declared or
federally declared natural disasters, federally declared
national disasters, and other localized disasters and
emergencies identified by the Secretary.
``(f) Prohibition on Offers of Funds for Private Loans.--
``(1) Prohibition.--A covered institution shall not request
or accept from any lender any offer of funds, including any
opportunity pool, to be used for private educational loans to
students in exchange for the covered institution providing
concessions or promises to the lender with respect to such
institution providing the lender with a specified number of
loans, a specified loan volume, or a preferred lender
arrangement for any loan made, insured, or guaranteed under
title IV, and a lender shall not make any such offer.
``(2) Definition.--In this subsection, the term
`opportunity pool' means an educational loan made by a
private lender to a student attending the covered institution
or the parent of such a student that is in any manner
guaranteed by a covered institution, or that involves a
payment, directly or indirectly, by such an institution of
points, premiums, payments, additional interest, or other
financial support to such lender for the purpose of such
lender extending credit to either the students or the parents
of students of the institution.
``(g) Ban on Participation on Advisory Councils.--An
officer, employee, or agent who is employed in the financial
aid office of a covered institution, or who otherwise has
responsibilities with respect to educational loans, shall not
serve on or otherwise participate with advisory councils of
lenders or affiliates of lenders. Nothing in this subsection
shall prohibit lenders from seeking advice from covered
institutions or groups of covered institutions (including
through telephonic or electronic means, or a meeting) in
order to improve products and services for borrowers,
provided there are no gifts or compensation (including for
transportation, lodging, or related expenses) provided by
lenders in connection with seeking this advice from such
institutions. Nothing in this subsection shall prohibit an
officer, employee, or agent of a covered institution from
serving on the board of directors of a lender if required by
State law.
``SEC. 156. COMPLIANCE AND ENFORCEMENT.
``(a) Condition of Any Federal Assistance.--Notwithstanding
any other provision of law, a covered institution or lender
shall comply with this part as a condition of receiving
Federal funds or assistance provided after the date of
enactment of the College Opportunity and Affordability Act of
2007.
``(b) Penalties.--Notwithstanding any other provision of
law, if the Secretary determines, after providing notice and
an opportunity for a hearing for a covered institution or
lender, that the covered institution or lender has violated
subsection (a)--
``(1) in the case of a covered institution, or a lender
that does not participate in a loan program under title IV,
the Secretary may impose a civil penalty in an amount of not
more than $25,000; and
``(2) in the case of a lender that does participate in a
program under title IV, the Secretary may limit, terminate,
or suspend the lender's participation in such program.
``(c) Considerations.--In taking any action against a
covered institution or lender under subsection (b), the
Secretary shall take into consideration the nature and
severity of the violation of subsection (a).
``SEC. 157. STUDENT LOAN COUNSELING.
``(a) Borrower Contact.--
``(1) FFEL loans.--Each holder of a loan under part B of
title IV shall contact the borrower each year after five
years has passed from the date that a borrower first selected
either a graduated, extended, income sensitive, or income
contingent repayment plan to ascertain if the borrower is
able to select a repayment plan with a shorter repayment
period that would reduce the total interest paid on the
borrower's loan or loans under this part.
``(2) Direct loans.--The Secretary shall contact the
borrower of each loan under part D or E of title IV each year
after five years has passed from the date that a borrower
first selected either an extended, graduated, income
contingent, or alternative repayment plan to ascertain if the
borrower is able to select a repayment plan for a shorter
repayment period that would reduce the total interest paid on
the borrower's loan under this part.
``(b) Required Disclosure Before Disbursement.--
``(1) Disclosures before repayment.--Each lender of a loan
under part B of title IV, and the Secretary with respect to
each loan under part D or E of such title, shall provide to
the borrower before repayment begins an explanation of
principal to be borrowed, current balance, interest already
paid, and interest due over the life of the loan, options by
which borrowers may avoid or be removed from default,
relevant fees associated with these options, and repayment
options available to the borrower entering repayment,
including income contingent repayment and income-based
repayment.
``(2) Disclosures during repayment.--Each lender of a loan
under part B of title IV, and the Secretary with respect to
each loan under part D or E of such title, shall provide to
the borrower during repayment an explanation of principal
borrowed, current balance, interest already paid and interest
due over the life of the loan, options by which borrowers may
avoid or be removed from default, relevant fees associated
with these options, and repayment options available to the
borrower entering repayment, including income contingent
repayment and income-based repayment. Each such lender and
the Secretary shall also notify any borrower who tells the
lender or the Secretary that the borrower is having
difficulty making payments of the repayment options
available, including forbearance. Each such lender and the
Secretary shall make an explanation of repayment options
available to the borrower, including income contingent
repayment and forbearance, before the loan is disbursed,
before repayment, and during repayment if the borrower
notifies the lender or the Secretary that the borrower is
having difficulty making payments.
``(c) Institutional Counseling.--
``(1) In general.--Each institution of higher education
shall, through financial aid officers or otherwise, make
available counseling to borrowers of loans which are made,
insured, or guaranteed under part B (other than loans made
pursuant to section 428B) of this title or made under part D
or E of this title prior to their signing the first
promissory note. The counseling shall include--
``(A) average indebtedness of borrowers at that school, to
be supplied by the Secretary;
``(B) sample monthly repayment amounts based on a range of
student levels of indebtedness and on the average
indebtedness of Stafford loan borrowers at the same school or
in the same program of study at the same school;
``(C) data to be supplied by the Secretary on starting
salaries for graduates of institutions by type and control of
institution, and field of study;
[[Page 1640]]
``(D) repayment options available to the borrower when
entering repayment, including income contingent repayment and
income-based repayment;
``(E) detail to be supplied by the Secretary on how
interest accrues and is capitalized during periods when it is
not being paid by either the borrower or the Secretary; and
``(F) the likely consequences of default, including adverse
credit reports, Federal offset, and litigation.
``(2) Use of electronic means.--If initial counseling is
conducted through interactive electronic means, the
institution of higher education shall take reasonable steps
to ensure that each student borrower receives the counseling
materials, and participates in and completes the initial
counseling.
``(d) Department of Education Information Disclosure and
Technical Assistance.--
``(1) Obligation.--The Secretary shall display on the
Department of Education website and provide to colleges and
universities the following information to be used for
counseling and consumer information for prospective
borrowers:
``(A) Regional data on starting salaries in all major
fields.
``(B) The increase in debt that results from forbearance on
all loans and from capitalization of interest on unsubsidized
loans.
``(C) The various repayment options available in the
Federal student loan programs, including the availability of
the income contingent repayment (ICR) program and the income-
based repayment programs (IBR).
``(D) The Federal Government's powers to collect student
loans, even when student borrowers are in bankruptcy.
``(2) Publicity.--The Secretary shall make the location of
the information under paragraph (1) widely known among the
public, institutions, and lenders, and promote the use of
such information by prospective students, enrolled students,
and borrowers after entering repayment.''.
SEC. 113. FEASIBILITY STUDY FOR NATIONAL ELECTRONIC STUDENT
LOAN MARKETPLACE.
(a) Study Required.--The Secretary of Education shall
conduct a study of the feasibility of developing a National
Electronic Student Loan Marketplace that would provide for
one or more of the following:
(1) A registry of real-time information on Federal student
loans (including loans under parts B and D of title IV of the
Higher Education Act of 1965) and private educational loans
(as defined in section 151 such Act of 1965 (as amended by
this Act)) for both undergraduate and graduate students, and
parents of students, for use by prospective borrowers or any
person desiring information regarding available interest
rates, fees, and other terms from lenders.
(2) Means by which lenders that participate in such
marketplace would be bound to honor advertised rates or
benefits.
(3) A mechanism whereby borrowers and student financial aid
officials could publicly post or otherwise make available for
users accessing the system their comments, opinions, or
ratings concerning their experience as to the quality of
lenders' loan products and loan servicing and other
measurements or indicators of customer satisfaction.
(4) A mechanism whereby prospective borrowers could be
matched with lenders that offer highly competitive products
and loan servicing quality, including any procedures and
safeguards necessary to minimize potentially adverse effects
of multiple inquiries into participating borrowers' credit
histories recorded by credit reporting agencies.
(5) Options concerning the establishment and ongoing
maintenance of such a system, including whether such a system
should be operated by one or more nonprofit or for-profit
entities, how these entities should structure or organize
such a system in order to provide the highest assurance of
independence from, and the absence of any conflicting
interest with, lenders participating in such a system, and
methods to finance such a system at no or minimal cost to
consumers and the Government.
(6) Other features that the Secretary determines could help
prospective borrowers make informed decisions in selecting
lenders from whom to obtain Federal and private educational
loans.
(b) Consultation.--In conducting the study required by this
section, the Secretary of Education shall consult with--
(1) the Federal Trade Commission;
(2) representatives of student loan borrowers;
(3) representatives from institutions of higher education,
including financial aid administrators, registrars, business
officers, and student affairs officials;
(4) Federal and private education loan lenders, loan
servicers, and guaranty agencies; and
(5) any other appropriate agency that is a member of the
Financial Literacy and Education Commission established under
the Financial Literacy and Education Improvement Act (20
U.S.C. 9701 et seq.).
(c) Report.--Not later than 6 months after completion of
the model interest rate report format required under section
153(a)(1) of the Higher Education Act of 1965 (as amended by
this Act), the Secretary of Education shall submit a report
to the authorizing committees (as defined in section 103 of
such Act) concerning the findings of the feasibility study
together with an assessment of the advantages and
disadvantages for consumers, institutions of higher
education, lenders, and the Government of establishing such a
system.
TITLE II--TITLE II REVISION
SEC. 201. REVISION OF TITLE II.
Title II (20 U.S.C. 1021 et seq.) is amended to read as
follows:
``TITLE II--TEACHER QUALITY ENHANCEMENT
``SEC. 200. DEFINITIONS.
``For purposes of this title:
``(1) Arts and sciences.--The term `arts and sciences'
means--
``(A) when referring to an organizational unit of an
institution of higher education, any academic unit that
offers 1 or more academic majors in disciplines or content
areas corresponding to the academic subject matter areas in
which teachers provide instruction; and
``(B) when referring to a specific academic subject area,
the disciplines or content areas in which academic majors are
offered by the arts and sciences organizational unit.
``(2) Children from low-income families.--The term
`children from low-income families' means children as
described in section 1124(c)(1)(A) of the Elementary and
Secondary Education Act of 1965.
``(3) Core academic subjects.--The term `core academic
subjects' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965.
``(4) Early childhood education program.--The term `early
childhood education program' means--
``(A) a Head Start program or an Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et
seq.);
``(B) a State licensed or regulated child care program or
school; or
``(C) a State prekindergarten program that serves children
from birth through kindergarten and that addresses the
children's cognitive (including language, early literacy, and
pre-numeracy), social, emotional, and physical development.
``(5) Early childhood educator.--The term `early childhood
educator' means an individual with primary responsibility for
the education of children in an early childhood education
program.
``(6) Educational service agency.--The term `educational
service agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965.
``(7) Essential components of reading instruction.--The
term `essential components of reading instruction' has the
meaning given such term in section 1208 of the Elementary and
Secondary Education Act of 1965.
``(8) Exemplary teacher.--The term `exemplary teacher' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965.
``(9) High-need early childhood education program.--The
term `high-need early childhood education program' means an
early childhood education program serving children from low-
income families that is located within the geographic area
served by a high-need local educational agency.
``(10) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency--
``(A)(i) for which not less than 20 percent of the children
served by the agency are children from low-income families;
``(ii) that serves not fewer than 10,000 children from low-
income families; or
``(iii) with a total of less than 600 students in average
daily attendance at the schools that are served by the
agency, and all of the schools that are served by the agency
are designated with a school locale code of Rural: Fringe,
Rural: Distant, or Rural: Remote, as determined by the
Secretary; and
``(B)(i) for which there is a high percentage of teachers
not teaching in the academic subject areas or grade levels in
which the teachers were trained to teach; or
``(ii) for which there is a high teacher turnover rate or a
high percentage of teachers with emergency, provisional, or
temporary certification or licensure.
``(11) High-need school.--Notwithstanding section 103, the
term `high-need school' means a public elementary school or
public secondary school that--
``(A) is among the highest 25 percent of schools served by
the local educational agency that serves the school, in terms
of the percentage of students from families with incomes
below the poverty line; or
``(B) is designated with a school locale code of Rural:
Fringe, Rural: Distant, or Rural: Remote, as determined by
the Secretary.
``(12) Highly competent.--The term `highly competent', when
used with respect to an early childhood educator, means an
educator--
``(A) with specialized education and training in
development and education of young children from birth until
entry into kindergarten;
``(B) with--
``(i) a baccalaureate degree in an academic major in the
arts and sciences; or
``(ii) an associate's degree in a related educational area;
and
``(C) who has demonstrated a high level of knowledge and
use of content and pedagogy in the relevant areas associated
with quality early childhood education.
``(13) Highly qualified.--The term `highly qualified' has
the meaning given such term in section 9101 of the Elementary
and Secondary Education Act of 1965 and, with respect to
special education teachers, in section 602 of the Individuals
with Disabilities Education Act.
``(14) Literacy coach.--The term `literacy coach' means an
individual--
``(A) who--
[[Page 1641]]
``(i) has teaching experience and a master's degree with a
concentration in reading and writing education; and
``(ii) has demonstrated proficiency (as determined by the
principal of the individual's school) in teaching reading and
writing in a content area such as math, science, or social
studies;
``(B) whose primary role with teachers and school personnel
is--
``(i) to provide high-quality professional development
opportunities for teachers and school personnel related to
literacy;
``(ii) with respect to the areas of reading and writing, to
collaborate with paraprofessionals, teachers, principals, and
other administrators, and the community served by the school;
and
``(iii) to work cooperatively and collaboratively with
other professionals in planning programs to meet the needs of
diverse population learners, including children with
disabilities and limited English proficient individuals; and
``(C) who may provide students with--
``(i) reading or writing diagnosis and instruction; and
``(ii) reading and writing assessment, including assessment
in cooperation with other professionals (such as special
education teachers, speech and language teachers, and school
psychologists).
``(15) Poverty line.--The term `poverty line' means the
poverty line (as defined in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
``(16) Professional development.--The term `professional
development' has the meaning given the term in section 9101
of the Elementary and Secondary Education Act of 1965.
``(17) Scientifically valid research.--The term
`scientifically valid research' includes applied research,
basic research, and field-initiated research in which the
rationale, design, and interpretation are soundly developed
in accordance with accepted principles of scientific
research.
``(18) Teaching skills.--The term `teaching skills' means
skills that enable a teacher to--
``(A) increase student learning, achievement, and the
ability to apply knowledge;
``(B) effectively convey and explain academic subject
matter;
``(C) employ strategies grounded in the disciplines of
teaching and learning that--
``(i) are based on empirically based practice and
scientifically valid research, where applicable, related to
teaching and learning;
``(ii) are specific to academic subject matter; and
``(iii) focus on the identification of students' specific
learning needs, particularly students with disabilities,
students who are limited English proficient, students who are
gifted and talented, and students with low literacy levels,
and the tailoring of academic instruction to such needs;
``(D) conduct an ongoing assessment of student learning,
which may include the use of formative assessments,
performance-based assessments, project-based assessments, or
portfolio assessments, that measure higher-order thinking
skills, including application, analysis, synthesis, and
evaluation;
``(E) effectively manage a classroom, including the ability
to implement positive behavioral intervention support
strategies;
``(F) communicate and work with parents and guardians, and
involve parents and guardians in their children's education;
and
``(G) use, in the case of an early childhood educator, age-
appropriate and developmentally appropriate strategies and
practices for children in early education programs.
``SEC. 200A. RULE OF CONSTRUCTION.
``Nothing in this title shall be construed to alter or
otherwise affect the rights, remedies, and procedures
afforded to the employees of local educational agencies under
Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers,
including the right of employees of local educational
agencies to engage in collective bargaining with their
employers.
``PART A--TEACHER QUALITY PARTNERSHIP GRANTS
``SEC. 201. PURPOSES; DEFINITIONS.
``(a) Purposes.--The purposes of this part are to--
``(1) improve student achievement;
``(2) improve the quality of the current and future
teaching force by improving the preparation of prospective
teachers and enhancing professional development activities;
``(3) hold teacher preparation programs at institutions of
higher education accountable for preparing highly qualified
teachers; and
``(4) recruit highly qualified individuals, including
minorities and individuals from other occupations, into the
teaching force.
``(b) Definitions.--In this part:
``(1) Eligible partnership.--The term `eligible
partnership' means an entity that--
``(A) shall include--
``(i) a high-need local educational agency;
``(ii) a high-need school or a consortium of high-need
schools served by the high-need local educational agency or,
as applicable, a high-need early childhood education program;
``(iii) a partner institution;
``(iv) a school, department, or program of education within
such partner institution or a teacher professional
development program within such partner institution; and
``(v) a school or department of arts and sciences within
such partner institution; and
``(B) may include any of the following:
``(i) The Governor of the State.
``(ii) The State educational agency.
``(iii) The State board of education.
``(iv) The State agency for higher education.
``(v) A business.
``(vi) A public or private nonprofit educational
organization.
``(vii) An educational service agency.
``(viii) A teacher organization.
``(ix) A high-performing local educational agency, or a
consortium of such local educational agencies, that can serve
as a resource to the partnership.
``(x) A charter school (as defined in section 5210 of the
Elementary and Secondary Education Act of 1965).
``(xi) A school or department within the partner
institution that focuses on psychology and human development.
``(xii) A school or department within the partner
institution with comparable expertise in the disciplines of
teaching, learning, and child and adolescent development.
``(xiii) An entity operating a program that provides
alternative routes to State certification of teachers.
``(2) Induction program.--The term `induction program'
means a formalized program for new teachers during not less
than the teachers' first 2 years of teaching that is designed
to provide support for, and improve the professional
performance and advance the retention in the teaching field
of, beginning teachers. Such program shall promote effective
teaching skills and shall include the following components:
``(A) High-quality teacher mentoring.
``(B) Periodic, structured time for collaboration with
mentor teachers in the same department or field, as well as
time for information-sharing among teachers, principals,
administrators, and participating faculty in the partner
institution.
``(C) The application of empirically based practice and
scientifically valid research on instructional practices.
``(D) Opportunities for new teachers to draw directly upon
the expertise of teacher mentors, faculty, and researchers to
support the integration of empirically based practice and
scientifically valid research with practice.
``(E) The development of skills in instructional and
behavioral interventions derived from empirically based
practice and, where applicable, scientifically valid
research.
``(F) Faculty who--
``(i) model the integration of research and practice in the
classroom; and
``(ii) assist new teachers with the effective use and
integration of technology in the classroom.
``(G) Interdisciplinary collaboration among exemplary
teachers, faculty, researchers, and other staff who prepare
new teachers with respect to the learning process and the
assessment of learning.
``(H) Assistance with the understanding of data,
particularly student achievement data, and the data's
applicability in classroom instruction.
``(I) Structured and formal observation of new teachers,
and feedback for such teachers, at least 4 times each school
year by multiple evaluators, including master teachers and
the principal, using valid and reliable benchmarks of
teaching skills and standards developed with input from
teachers.
``(3) Partner institution.--The term `partner institution'
means an institution of higher education, which may include a
2-year institution of higher education offering a dual
program with a 4-year institution of higher education,
participating in an eligible partnership that has a teacher
preparation program--
``(A) whose graduates exhibit strong performance on State-
determined qualifying assessments for new teachers through--
``(i) demonstrating that 80 percent or more of the
graduates of the program who intend to enter the field of
teaching have passed all of the applicable State
qualification assessments for new teachers, which shall
include an assessment of each prospective teacher's subject
matter knowledge in the content area in which the teacher
intends to teach; or
``(ii) being ranked among the highest-performing teacher
preparation programs in the State as determined by the
State--
``(I) using criteria consistent with the requirements for
the State report card under section 205(b); and
``(II) using the State report card on teacher preparation
required under section 205(b), after the first publication of
such report card and for every year thereafter; or
``(B) that requires--
``(i) each student in the program to meet and demonstrate
high academic standards (including prior to entering and
being accepted into a program) and participate in intensive
clinical experience;
``(ii) each student in the program preparing to become a
teacher to become highly qualified; and
``(iii) each student in the program preparing to become an
early childhood educator to meet degree requirements, as
established by the State, and become highly competent.
``(4) Teacher mentoring.--The term `teacher mentoring'
means the mentoring of new or prospective teachers through a
new or established program that--
``(A) includes clear criteria for the selection of teacher
mentors who will provide role model relationships for
mentees, which criteria shall be
[[Page 1642]]
developed by the eligible partnership and based on measures
of teacher effectiveness;
``(B) provides high-quality training for such mentors,
including instructional strategies for literacy instruction
and classroom management;
``(C) provides regular and ongoing opportunities for
mentors and mentees to observe each other's teaching methods
in classroom settings during the day in a high-need school in
the high-need local educational agency in the eligible
partnership;
``(D) provides paid release time for mentors;
``(E) provides mentoring to each mentee by a colleague who
teaches in the same field, grade, or subject as the mentee;
``(F) promotes empirically based practice of, and
scientifically valid research on, where applicable--
``(i) teaching and learning;
``(ii) assessment of student learning;
``(iii) the development of teaching skills through the use
of instructional and behavioral interventions; and
``(iv) the improvement of the mentees' capacity to
measurably advance student learning; and
``(G) includes--
``(i) common planning time or regularly scheduled
collaboration for the mentor and mentee; and
``(ii) joint professional development opportunities.
``(5) Teaching residency program.--The term `teaching
residency program' means a school-based teacher preparation
program in which a prospective teacher--
``(A) for 1 academic year, teaches alongside a mentor
teacher, who is the teacher of record;
``(B) receives concurrent instruction during the year
described in subparagraph (A) from the partner institution,
which may include courses taught by local educational agency
personnel or residency program faculty, in the teaching of
the content area in which the teacher will become certified
or licensed;
``(C) acquires effective teaching skills; and
``(D) prior to completion of the program, earns a master's
degree, attains full State teacher certification or
licensure, and becomes highly qualified.
``SEC. 202. PARTNERSHIP GRANTS.
``(a) Program Authorized.--From amounts made available
under section 209, the Secretary is authorized to award
grants, on a competitive basis, to eligible partnerships, to
enable the eligible partnerships to carry out the activities
described in subsection (c).
``(b) Application.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require. Each such
application shall contain--
``(1) a needs assessment of all the partners in the
eligible partnership with respect to the preparation, ongoing
training, professional development, and retention, of general
and special education teachers, principals, and, as
applicable, early childhood educators;
``(2) a description of the extent to which the program
prepares prospective and new teachers with strong teaching
skills;
``(3) a description of how the program will prepare
prospective and new teachers to use research and data to
modify and improve instruction in the classroom;
``(4) a description of how the partnership will coordinate
strategies and activities assisted under the grant with other
teacher preparation or professional development programs,
including those funded under the Elementary and Secondary
Education Act of 1965 and the Individuals with Disabilities
Education Act, and through the National Science Foundation,
and how the activities of the partnership will be consistent
with State, local, and other education reform activities that
promote student achievement;
``(5) a resource assessment that describes the resources
available to the partnership, including--
``(A) the integration of funds from other sources;
``(B) the intended use of the grant funds;
``(C) the commitment of the resources of the partnership,
including financial support, faculty participation, and time
commitments, to the activities assisted under this section
and to the continuation of the activities when the grant
ends;
``(6) a description of--
``(A) how the partnership will meet the purposes of this
part;
``(B) how the partnership will carry out the activities
required under subsection (d) or (e) based on the needs
identified in paragraph (1), with the goal of improving
student achievement;
``(C) the partnership's evaluation plan under section
204(a);
``(D) how the partnership will align the teacher
preparation program with the--
``(i) State early learning standards for early childhood
education programs, as appropriate, and with the relevant
domains of early childhood development; and
``(ii) student academic achievement standards and academic
content standards under section 1111(b)(2) of the Elementary
and Secondary Education Act of 1965, established by the State
in which the partnership is located;
``(E) how the partnership will prepare general education
teachers to teach students with disabilities, including
training related to participation as a member of
individualized education program teams, as defined in section
614(d)(1)(B) of the Individuals with Disabilities Education
Act;
``(F) how the partnership will prepare general education
and special education teachers to teach students with limited
English proficiency;
``(G) how faculty at the partner institution will work,
during the term of the grant, with highly qualified teachers
in the classrooms of schools served by the high-need local
educational agency in the partnership to provide high-quality
professional development activities;
``(H) how the partnership will design, implement, or
enhance a year-long, rigorous, and enriching teaching pre-
service clinical program component;
``(I) how the partnership will support in-service
professional development strategies and activities; and
``(J) how the partnership will collect, analyze, and use
data on the retention of all teachers and early childhood
educators in schools and early childhood programs located in
the geographic area served by the partnership to evaluate the
effectiveness of the partnership's teacher and educator
support system; and
``(7) with respect to the induction program required as
part of the activities carried out under this section--
``(A) a description of how the teacher preparation program
will design and implement an induction program to support all
new teachers through not less than the first 2 years of
teaching in the further development of the new teachers'
teaching skills, including the use of mentors who are trained
and compensated by such program for the mentors' work with
new teachers;
``(B) a demonstration that the schools and departments
within the institution of higher education that are part of
the induction program have relevant and essential roles in
the effective preparation of teachers, including content
expertise and expertise in teaching;
``(C) a demonstration of the partnership's capability and
commitment to the use of empirically based practice and
scientifically valid research related to teaching and
learning, and the accessibility to and involvement of
faculty;
``(D) a description of how faculty involved in the
induction program will be able to substantially participate
in an early childhood education program or an elementary or
secondary school classroom setting, as applicable, including
release time and receiving workload credit for such
participation.
``(c) Required Use of Grant Funds.--An eligible partnership
that receives a grant under this section shall use grant
funds to carry out a program for the pre-baccalaureate
preparation of teachers under subsection (d), a teaching
residency program under subsection (e), a leadership
development program under subsection (f), or a combination of
two or more such programs.
``(d) Partnership Grants for Pre-Baccalaureate Preparation
of Teachers.--An eligible partnership that receives a grant
to carry out an effective program for the pre-baccalaureate
preparation of teachers shall carry out a program that
includes all of the following:
``(1) Reforms.--
``(A) In general.--Implementing reforms, described in
subparagraph (B), within each teacher preparation program
and, as applicable, each preparation program for early
childhood education programs, of the eligible partnership
that is assisted under this section, to hold each program
accountable for--
``(i) preparing--
``(I) current or prospective teachers to be highly
qualified (including teachers in rural school districts who
may teach multiple subjects, special educators, teachers of
students who are limited English proficient who may teach
multiple subjects, and teachers who are qualified to teach
Advanced Placement or International Baccalaureate courses);
``(II) such teachers and, as applicable, early childhood
educators, to understand empirically based practice and
scientifically valid research related to teaching and
learning and its applicability, and to use technology
effectively, including the use of instructional techniques
and positive behavioral support strategies to improve student
achievement; and
``(III) as applicable, early childhood educators to be
highly competent; and
``(ii) promoting strong teaching skills and, as applicable,
techniques for early childhood educators to improve
children's cognitive, social, emotional, and physical
development.
``(B) Required reforms.--The reforms described in
subparagraph (A) shall include--
``(i) implementing teacher preparation program curriculum
changes that improve, evaluate, and assess how well all
prospective and new teachers develop teaching skills;
``(ii) using empirically based practice and scientifically
valid research, where applicable, about the disciplines of
teaching and learning so that all prospective teachers and,
as applicable, early childhood educators--
``(I) can understand and implement research-based teaching
practices in classroom-based instruction;
``(II) have knowledge of student learning methods;
``(III) possess skills to analyze student academic
achievement data and other measures of student learning, and
use such data and measures to improve instruction in the
classroom;
``(IV) possess teaching skills and an understanding of
effective instructional strategies across all applicable
content areas that enable general and special education
teachers and early childhood educators to--
``(aa) meet the specific learning needs of all students,
including students with disabilities, students who are
limited English proficient, students who are gifted and
talented, students with
[[Page 1643]]
low literacy levels and, as applicable, children in early
childhood education programs; and
``(bb) differentiate instruction for such students;
``(V) can effectively participate in the individualized
education program process, as defined in section 614(d)(1)(B)
of the Individuals with Disabilities Education Act; and
``(VI) can successfully employ effective strategies for
reading instruction using the essential components of reading
instruction;
``(iii) ensuring collaboration with departments, programs,
or units of a partner institution outside of the teacher
preparation program in all academic content areas to ensure
that new teachers receive training in both teaching and
relevant content areas in order to become highly qualified,
which may include training in multiple subjects to teach
multiple grade levels as may be needed for individuals
preparing to teach in rural communities;
``(iv) developing and implementing an induction program;
``(v) developing admissions goals and priorities aligned
with the hiring objectives of the high-need local educational
agency in the eligible partnership; and
``(vi) implementing program curriculum changes to prepare
teachers to teach Advanced Placement or International
Baccalaureate courses.
``(2) Clinical experience and interaction.--Developing and
improving a sustained and high-quality pre-service clinical
education program to further develop the teaching skills of
all prospective teachers and, as applicable, early childhood
educators, involved in the program. Such program shall do the
following:
``(A) Incorporate year-long opportunities for enrichment
activity or a combination of activities, including--
``(i) clinical learning in classrooms in high-need schools
served by the high-need local educational agency in the
eligible partnership and identified by the eligible
partnership; and
``(ii) closely supervised interaction between faculty and
new and experienced teachers, principals, and other
administrators at early childhood education programs (as
applicable), elementary schools, or secondary schools, and
providing support for such interaction.
``(B) Integrate pedagogy and classroom practice and promote
effective teaching skills in academic content areas, which
may include preparation for meeting the unique needs of
teaching in rural communities.
``(C) Provide high-quality teacher mentoring.
``(D)(i) Be offered over the course of a program of teacher
preparation;
``(ii) be tightly aligned with course work (and may be
developed as a 5th year of a teacher preparation program);
and
``(iii) where feasible, allow prospective teachers to learn
to teach in the same school district in which the teachers
will work, learning the instructional initiatives and
curriculum of that district.
``(E) Provide support and training for those individuals
participating in an activity for prospective teachers
described in this paragraph or paragraph (1) or (3), and for
those who serve as mentors for such teachers, based on each
individual's experience. Such support may include--
``(i) with respect to a prospective teacher or a mentor,
release time for such individual's participation;
``(ii) with respect to a faculty member, receiving course
workload credit and compensation for time teaching in the
eligible partnership's activities; and
``(iii) with respect to a mentor, a stipend, which may
include bonus, differential, incentive, or merit or
performance-based pay.
``(3) Induction programs for new teachers.--Creating an
induction program for new teachers, or, in the case of an
early childhood education program, providing mentoring or
coaching for new early childhood educators.
``(4) Support and training for participants in early
childhood education programs.--In the case of an eligible
partnership focusing on early childhood educator preparation,
implementing initiatives that increase compensation for early
childhood educators who attain associate or baccalaureate
degrees in early childhood education.
``(5) Teacher recruitment.--Developing and implementing
effective mechanisms (which may include alternative routes to
State certification of teachers) to ensure that the eligible
partnership is able to recruit qualified individuals to
become highly qualified teachers through the activities of
the eligible partnership, which may include an emphasis on
recruiting into the teaching profession--
``(A) underrepresented populations;
``(B) individuals to teach in rural communities and teacher
shortage areas, including mathematics, science, special
education, and instruction of limited English proficient
students; and
``(C) mid-career professionals from other occupations,
former military personnel, and recent college graduates with
proven records of academic distinction.
``(6) Literacy training.--Developing and implementing a
program to strengthen content knowledge and teaching skills
of elementary and secondary school literacy coaches that--
``(A) provides teacher training in reading instruction for
literacy coaches who--
``(i) train classroom teachers to implement literacy
programs; or
``(ii) tutor students with intense individualized reading,
writing, and subject matter instruction during or beyond the
school day;
``(B) develops or redesigns rigorous evidenced-based
reading curricula that are aligned with challenging State
academic content standards, as required under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965, and with postsecondary standards for reading and
writing;
``(C) provides opportunities for teachers to plan and
assess instruction with other teachers, school leaders, and
faculty at institutions of higher education;
``(D) provides training and professional development for
principals to prepare them to understand the teaching of
reading, guide instruction, and foster school improvement;
and
``(E) establishes an evaluation and accountability plan for
activities conducted under this paragraph to measure the
impact of such activities.
``(e) Partnership Grants for the Establishment of Teaching
Residency Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective teaching residency program
shall carry out a program that includes all of the following
activities:
``(A) Supporting a teaching residency program described in
paragraph (2) for high-need subjects and areas, as determined
by the needs of the high-need local educational agency in the
partnership.
``(B) Modifying staffing procedures to provide greater
flexibility for local educational agency and school leaders
to establish effective school-level staffing in order to
facilitate placement of graduates of the teaching residency
program in cohorts that facilitate professional
collaboration, both among graduates of the teaching residency
program and between such graduates and mentor teachers in the
receiving school.
``(C) Ensuring that teaching residents that participated in
the teaching residency program receive--
``(i) effective pre-service preparation as described in
paragraph (2);
``(ii) teacher mentoring;
``(iii) induction through the induction program as the
teaching residents enter the classroom as new teachers; and
``(iv) the preparation described in subparagraphs (A), (B),
and (C) of subsection (d)(2).
``(2) Teaching residency programs.--
``(A) Establishment and design.--A teaching residency
program under this subsection shall be a program based upon
models of successful teaching residencies that serves as a
mechanism to prepare teachers for success in the high-need
schools in the eligible partnership, and shall be designed to
include the following characteristics of successful programs:
``(i) The integration of pedagogy, classroom practice, and
teacher mentoring.
``(ii) Engagement of teaching residents in rigorous
graduate-level course work to earn a master's degree while
undertaking a guided teaching apprenticeship.
``(iii) Experience and learning opportunities alongside a
trained and experienced mentor teacher--
``(I) whose teaching shall complement the residency program
so that classroom clinical practice is tightly aligned with
course work;
``(II) who shall have extra responsibilities as a teacher
leader of the teaching residency program, as a mentor for
residents, and as a teacher coach during the induction
program for novice teachers, and for establishing, within the
program, a learning community in which all individuals are
expected to continually improve their capacity to advance
student learning; and
``(III) who may have full relief from teaching duties as a
result of such additional responsibilities.
``(iv) The establishment of clear criteria for the
selection of mentor teachers based on measures of teacher
effectiveness and the appropriate subject area knowledge.
Evaluation of teacher effectiveness shall be based on
observations of such domains of teaching as the following:
``(I) Planning and preparation, including demonstrated
knowledge of content, pedagogy, and assessment, including the
use of formative assessments to improve student learning.
``(II) Appropriate instruction that engages students with
different learning styles, including students with
disabilities.
``(III) Collaboration with colleagues to improve
instruction.
``(IV) Analysis of gains in student learning, based on
multiple measures, that, when feasible, may include valid and
reliable objective measures of the influence of teachers on
the rate of student academic progress.
``(V) In the case of mentor candidates who will be
mentoring current or future literacy and mathematics coaches
or instructors, appropriate skills in the essential
components of reading instruction, teacher training in
literacy instructional strategies across core subject areas,
and teacher training in mathematics instructional strategies,
as appropriate.
``(v) Grouping of teaching residents in cohorts to
facilitate professional collaboration among such residents.
``(vi) The development of admissions goals and priorities
aligned with the hiring objectives of the local educational
agency partnering with the program, as well as the
instructional initiatives and curriculum of the agency, in
exchange for a commitment by the agency to hire graduates
from the teaching residency program.
``(vii) Support for residents, once the teaching residents
are hired as teachers of record, through an induction
program, professional development, and networking
opportunities to support the residents through not less than
the residents' first 2 years of teaching.
``(viii) Admission goals and priorities which may include
consideration of applicants who reflect the communities in
which they will teach
[[Page 1644]]
as well as consideration of individuals from underrepresented
populations in the teaching profession.
``(B) Selection of individuals as teacher residents.--
``(i) Eligible individual.--In order to be eligible to be a
teacher resident in a teaching residency program under this
subsection, an individual shall--
``(I) be a recent graduate of a 4-year institution of
higher education or a mid-career professional from outside
the field of education possessing strong content knowledge or
a record of professional accomplishment; and
``(II) submit an application to the teaching residency
program.
``(ii) Selection criteria.--An eligible partnership
carrying out a teaching residency program under this
subsection shall establish criteria for the selection of
eligible individuals to participate in the teaching residency
program based on the following characteristics:
``(I) Strong content knowledge or record of accomplishment
in the field or subject area to be taught.
``(II) Strong verbal and written communication skills,
which may be demonstrated by performance on appropriate
tests.
``(III) Other attributes linked to effective teaching,
which may be determined by interviews or performance
assessments, as specified by the eligible partnership.
``(C) Stipend and service requirement.--
``(i) Stipend.--A teaching residency program under this
paragraph shall provide a 1-year living stipend or salary to
teaching residents during the 1-year teaching residency
program.
``(ii) Service requirement.--As a condition of receiving a
stipend under this subparagraph, a teaching resident shall
agree to teach in a high-need school served by the high-need
local educational agency in the eligible partnership for a
period of 3 or more years after completing the 1-year
teaching residency program.
``(iii) Repayment.--If a teaching resident who received a
stipend under this subparagraph does not complete the service
requirement described in clause (ii), such individual shall
repay to the high-need local educational agency a pro rata
portion of the stipend amount for the amount of teaching time
that the individual did not complete.
``(f) Partnership Grants for the Development of Leadership
Programs.--
``(1) In general.--An eligible partnership receiving a
grant to carry out an effective leadership program shall
carry out a program that includes all of the following
activities:
``(A) Preparing students currently enrolled or preparing to
enroll in education administration programs in preparation
for careers as superintendents, principals, or other school
administrators (including students preparing to work in rural
school districts who may perform multiple duties in addition
to the role of administrator).
``(B) Promoting strong administrative skills and, as
applicable, techniques for education administrators to
improve the school environment and effectively manage
schools.
``(C) Ensuring that students who participate in the
leadership program receive--
``(i) effective pre-service preparation as described in
subparagraph (D); and
``(ii) mentoring by educational administrators.
``(D) Developing and improving a sustained and high-quality
pre-service clinical education program to further develop the
leadership skills of all prospective educational
administrators involved in the program. Such program shall do
the following:
``(i) Incorporate year-long opportunities for enrichment
activity or a combination of activities, including--
``(I) clinical learning in high-need schools served by the
high-need local educational agency in the eligible
partnership and identified by the eligible partnership; and
``(II) closely supervised interaction between faculty and
new and experienced teachers, principals, and other
administrators in high-need schools served by the high-need
local educational agency in the eligible partnership and
identified by the eligible partnership.
``(ii) Integrate pedagogy and practice and promote
effective administrative skills for meeting the unique needs
of rural and geographically isolated communities.
``(iii) Educational administrator mentoring.
``(E) Creating an induction program for new administrators.
``(F) Developing and implementing effective mechanisms to
ensure that the eligible partnership is able to recruit
qualified individuals to become educational administrators
through the activities of the eligible partnership, which may
include an emphasis on recruiting into the education
administration profession--
``(i) underrepresented populations;
``(ii) individuals to serve as superintendents, principals,
or other school administrators in rural and geographically
isolated communities and shortage areas designated by the
Secretary; or
``(iii) mid-career professionals from other occupations,
former military personnel, and recent college graduates with
proven records of academic distinction.
``(2) Selection of individuals for the leadership
program.--In order to be eligible for the leadership program
under this subsection, an individual shall--
``(A) be enrolled in or preparing to enroll in an
institution of higher education, or a recent graduate of an
institution of higher education, or a mid-career professional
from outside the field of education possessing strong content
knowledge or a record of professional accomplishment;
``(B) be current teachers who would like to become
principals or principals who would like to be
superintendents; and
``(C) submit an application to the leadership program.
``(g) Consultation.--
``(1) In general.--Members of an eligible partnership that
receives a grant under this section shall engage in regular
consultation throughout the development and implementation of
programs and activities under this section.
``(2) Regular communication.--To ensure timely and
meaningful consultation, regular communication shall occur
among all members of the eligible partnership, including the
high-need local educational agency. Such communication shall
continue throughout the implementation of the grant and the
assessment of programs and activities under this section.
``(3) Written consent.--The Secretary may approve changes
in grant activities of a grant under this section only if a
written consent signed by all members of the eligible
partnership is submitted to the Secretary.
``(h) Construction.--Nothing in this section shall be
construed to prohibit an eligible partnership from using
grant funds to coordinate with the activities of eligible
partnerships in other States or on a regional basis through
Governors, State boards of education, State educational
agencies, State agencies responsible for early childhood
education, local educational agencies, or State agencies for
higher education.
``(i) Supplement, Not Supplant.--Funds made available to
carry out this section shall be used to supplement, and not
supplant, other Federal, State, and local funds that would
otherwise be expended to carry out activities under this
section.
``SEC. 203. ADMINISTRATIVE PROVISIONS.
``(a) Duration; Number of Awards; Payments.--
``(1) Duration.--A grant awarded under this part shall be
awarded for a period of 5 years.
``(2) Number of awards.--An eligible partnership may not
receive more than 1 grant during a 5-year period. Nothing in
this title shall be construed to prohibit an individual
member, that can demonstrate need, of an eligible partnership
that receives a grant under this title from entering into
another eligible partnership consisting of new members and
receiving a grant with such other eligible partnership before
the 5-year period described in the preceding sentence
applicable to the eligible partnership with which the
individual member has first partnered has expired.
``(3) Payments.--The Secretary shall make annual payments
of grant funds awarded under this part.
``(b) Peer Review.--
``(1) Panel.--The Secretary shall provide the applications
submitted under this part to a peer review panel for
evaluation. With respect to each application, the peer review
panel shall initially recommend the application for funding
or for disapproval.
``(2) Priority.--In recommending applications to the
Secretary for funding under this part, the panel shall give
priority--
``(A) to partnerships that include an institution of higher
education whose teacher preparation program has a rigorous
selection process to ensure the highest quality of students
entering such programs; and
``(B)(i) to applications from broad-based eligible
partnerships that involve businesses and community
organizations; or
``(ii) to eligible partnerships so that the awards promote
an equitable geographic distribution of grants among rural
and urban areas.
``(3) Secretarial selection.--The Secretary shall
determine, based on the peer review process, which
applications shall receive funding and the amounts of the
grants. In determining the grant amount, the Secretary shall
take into account the total amount of funds available for all
grants under this part and the types of activities proposed
to be carried out by the eligible partnership.
``(c) Matching Requirements.--
``(1) In general.--Each eligible partnership receiving a
grant under this part shall provide, from non-Federal
sources, an amount equal to 100 percent of the amount of the
grant, which may be provided in cash or in-kind, to carry out
the activities supported by the grant.
``(2) Waiver.--The Secretary may waive all or part of the
matching requirement described in paragraph (1) for any
fiscal year for an eligible partnership, if the Secretary
determines that applying the matching requirement to the
eligible partnership would result in serious hardship or an
inability to carry out the authorized activities described in
this part.
``(d) Limitation on Administrative Expenses.--An eligible
partnership that receives a grant under this part may use not
more than 2 percent of the grant funds for purposes of
administering the grant.
``SEC. 204. ACCOUNTABILITY AND EVALUATION.
``(a) Eligible Partnership Evaluation.--Each eligible
partnership submitting an application for a grant under this
part shall establish and include in such application an
evaluation plan that includes strong performance objectives.
The plan shall include objectives and measures for
increasing--
``(1) student achievement for all students as measured by
the eligible partnership;
``(2) teacher retention in the first 3 years of a teacher's
career;
``(3) improvement in the pass rates and scaled scores for
initial State certification or licensure of teachers; and
[[Page 1645]]
``(4)(A) the percentage of highly qualified teachers hired
by the high-need local educational agency participating in
the eligible partnership;
``(B) the percentage of such teachers who are members of
underrepresented groups;
``(C) the percentage of such teachers who teach high-need
academic subject areas (such as reading, mathematics,
science, and foreign languages, including less commonly
taught languages and critical foreign languages);
``(D) the percentage of such teachers who teach in high-
need areas (including special education, language instruction
educational programs for limited English proficient students,
and early childhood education);
``(E) the percentage of such teachers in high-need schools,
disaggregated by the elementary, middle, and high school
levels;
``(F) as applicable, the percentage of early childhood
education program classes in the geographic area served by
the eligible partnership taught by early childhood educators
who are highly competent; and
``(G) as applicable, the number of teachers trained
effectively to integrate technology into curricula and
instruction and who use technology to collect, manage, and
analyze data to improve teaching, learning, and decision
making for the purpose of improving student academic
achievement.
``(b) Information.--An eligible partnership receiving a
grant under this part shall ensure that teachers, principals,
school superintendents, and faculty and leadership at
institutions of higher education located in the geographic
areas served by the eligible partnership are provided
information about the activities carried out with funds under
this part, including through electronic means.
``(c) Revocation of Grant.--If the Secretary determines
that an eligible partnership receiving a grant under this
part is not making substantial progress in meeting the
purposes, goals, objectives, and measures, as appropriate, of
the grant by the end of the third year of a grant under this
part, then the Secretary shall require such eligible
partnership to submit a revised application that identifies
the steps the partnership will take to make substantial
progress to meet the purposes, goals, objectives, and
measures, as appropriate, of this part.
``(d) Evaluation and Dissemination.--The Secretary shall
evaluate the activities funded under this part and report the
findings regarding the evaluation of such activities to the
authorizing committees. The Secretary shall broadly
disseminate--
``(1) successful practices developed by eligible
partnerships under this part; and
``(2) information regarding such practices that were found
to be ineffective.
``SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE
TEACHERS.
``(a) Institutional and Program Report Cards on the Quality
of Teacher Preparation.--
``(1) Report card.--Each institution of higher education
that conducts a traditional teacher preparation program or
alternative routes to State certification or licensure
program and that enrolls students receiving Federal
assistance under this Act shall report annually to the State
and the general public, in a uniform and comprehensible
manner that conforms with the definitions and methods
established by the Secretary, both for traditional teacher
preparation programs and alternative routes to State
certification or licensure programs, the following
information:
``(A) Pass rates and scaled scores.--For the most recent
year for which the information is available for those
students who took the assessments and are enrolled in the
traditional teacher preparation program or alternative routes
to State certification or licensure program, and for those
who have taken the assessments and have completed the
traditional teacher preparation program or alternative routes
to State certification or licensure program during the 2-year
period preceding such year, for each of the assessments used
for teacher certification or licensure by the State in which
the program is located--
``(i) the percentage of students who have completed 100
percent of the nonclinical course work and taken the
assessment who pass such assessment;
``(ii) the percentage of all such students who passed each
such assessment;
``(iii) the percentage of students taking an assessment who
enrolled in and completed the teacher preparation program;
``(iv) the average scaled score for all students who took
each such assessment;
``(v) a comparison of the program's pass rates with the
average pass rates for programs in the State; and
``(vi) a comparison of the program's average scaled scores
with the average scaled scores for programs in the State.
``(B) Program information.--The criteria for admission into
the program, the number of students in the program
(disaggregated by race, ethnicity, and gender), the average
number of hours of supervised clinical experience required
for those in the program, the number of full-time equivalent
faculty and students in the supervised clinical experience,
and the total number of students who have been certified or
licensed as teachers, disaggregated by subject and area of
certification or licensure.
``(C) Statement.--In States that require approval or
accreditation of teacher preparation programs, a statement of
whether the institution's program is so approved or
accredited, and by whom.
``(D) Designation as low-performing.--Whether the program
has been designated as low-performing by the State under
section 208(a).
``(E) Use of technology.--A description of the activities
that prepare teachers to effectively integrate technology
into curricula and instruction and effectively use technology
to collect, manage, and analyze data in order to improve
teaching, learning, and decision making for the purpose of
increasing student academic achievement.
``(F) Teacher training.--A description of the activities
that prepare general and special education teachers to
effectively teach students with disabilities, including
training related to participation as a member of
individualized education program teams, as defined in section
614(d)(1)(B) of the Individuals with Disabilities Education
Act, and to effectively teach students with limited English
proficiency.
``(2) Report.--Each eligible partnership receiving a grant
under section 202 shall report annually on the progress of
the eligible partnership toward meeting the purposes of this
part and the objectives and measures described in section
204(a).
``(3) Fines.--The Secretary may impose a fine not to exceed
$25,000 on an institution of higher education for failure to
provide the information described in this subsection in a
timely or accurate manner.
``(4) Special rule.--In the case of an institution of
higher education that conducts a traditional teacher
preparation program or alternative routes to State
certification or licensure program and has fewer than 10
scores reported on any single initial teacher certification
or licensure assessment during an academic year, the
institution shall collect and publish information, as
required under paragraph (1)(A), with respect to an average
pass rate and scaled score on each State certification or
licensure assessment taken over a 3-year period.
``(b) State Report Card on the Quality of Teacher
Preparation.--
``(1) In general.--Each State that receives funds under
this Act shall provide to the Secretary, annually, in a
uniform and comprehensible manner that conforms with the
definitions and methods established by the Secretary, a State
report card on the quality of teacher preparation in the
State, both for traditional teacher preparation programs and
for alternative routes to State certification or licensure
programs, which shall include not less than the following:
``(A) A description of the reliability and validity of the
teacher certification and licensure assessments, and any
other certification and licensure requirements, used by the
State.
``(B) The standards and criteria that prospective teachers
must meet to attain initial teacher certification or
licensure and to be certified or licensed to teach particular
academic subject areas or in particular grades within the
State.
``(C) A description of how the assessments and requirements
described in subparagraph (A) are aligned with the State's
challenging academic content standards required under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 and State early learning standards for early childhood
education programs.
``(D) For each of the assessments used by the State for
teacher certification or licensure--
``(i) for each institution of higher education located in
the State and each entity located in the State that offers an
alternative route for teacher certification or licensure, the
percentage of students at such institution or entity who have
completed 100 percent of the nonclinical course work and
taken the assessment who pass such assessment;
``(ii) the percentage of all such students at all such
institutions taking the assessment who pass such assessment;
and
``(iii) the percentage of students taking an assessment who
enrolled in and completed the teacher preparation program.
``(E) A description of alternative routes to teacher
certification or licensure in the State (including any such
routes operated by entities that are not institutions of
higher education), if any, including, for each of the
assessments used by the State for teacher certification or
licensure--
``(i) the percentage of individuals participating in such
routes, or who have completed such routes during the 2-year
period preceding the date of the determination, who passed
each such assessment; and
``(ii) the average scaled score of individuals
participating in such routes, or who have completed such
routes during the period preceding the date of the
determination, who took each such assessment.
``(F) A description of the State's criteria for assessing
the performance of teacher preparation programs within
institutions of higher education in the State. Such criteria
shall include indicators of the academic content knowledge
and teaching skills of students enrolled in such programs.
``(G) For each teacher preparation program in the State,
the criteria for admission into the program, the number of
students in the program, disaggregated by race, ethnicity,
and gender (except that such disaggregation shall not be
required in a case in which the number of students in a
category is insufficient to yield statistically reliable
information or the results would reveal personally
identifiable information about an individual student), the
average number of hours of supervised clinical experience
required for those in the program, and the number of
[[Page 1646]]
full-time equivalent faculty, adjunct faculty, and students
in supervised clinical experience.
``(H) For the State as a whole, and for each teacher
preparation program in the State, the number of teachers
prepared, in the aggregate and reported separately by--
``(i) area of certification or licensure;
``(ii) academic major; and
``(iii) subject area for which the teacher has been
prepared to teach.
``(I) Using the data generated under subparagraphs (G) and
(H), a description of the extent to which teacher preparation
programs are helping to address shortages of highly qualified
teachers, by area of certification or licensure, subject, and
specialty, in the State's public schools.
``(J) A description of the activities that prepare general
and special education teachers to effectively teach students
with disabilities, including training related to
participation as a member of individualized education program
teams, as defined in section 614(d)(1)(B) of the Individuals
with Disabilities Education Act.
``(K) A description of the activities that prepare teachers
to effectively integrate technology into curricula and
instruction and effectively use technology to collect,
manage, and analyze data to improve teaching, learning, and
decision making for the purpose of increasing student
academic achievement.
``(L) A description of the activities that prepare general
education and special education teachers to effectively teach
students with limited English proficiency.
``(2) Prohibition against creating a national list.--The
Secretary shall not create a national list or ranking of
States, institutions, or schools using the scaled scores
provided under this subsection.
``(c) Data Quality.--The Secretary shall prescribe
regulations requiring practices and procedures to ensure the
reliability, validity, integrity, and accuracy of the data
submitted pursuant to this section.
``(d) Report of the Secretary on the Quality of Teacher
Preparation.--
``(1) Report card.--The Secretary shall provide to
Congress, and publish and make widely available, a report
card on teacher qualifications and preparation in the United
States, including all the information reported in
subparagraphs (A) through (L) of subsection (b)(1). Such
report shall identify States for which eligible partnerships
received a grant under this part. Such report shall be so
provided, published, and made available annually.
``(2) Report to congress.--The Secretary shall prepare and
submit a report to Congress that contains the following:
``(A) A comparison of States' efforts to improve the
quality of the current and future teaching force.
``(B) A comparison of eligible partnerships' efforts to
improve the quality of the current and future teaching force.
``(C) The national mean and median scaled scores and pass
rate on any standardized test that is used in more than 1
State for teacher certification or licensure.
``(3) Special rule.--In the case of a teacher preparation
program with fewer than 10 scores reported on any single
initial teacher certification or licensure assessment during
an academic year, the Secretary shall collect and publish
information, and make publicly available, with respect to an
average pass rate and scaled score on each State
certification or licensure assessment taken over a 3-year
period.
``(e) Coordination.--The Secretary, to the extent
practicable, shall coordinate the information collected and
published under this part among States for individuals who
took State teacher certification or licensure assessments in
a State other than the State in which the individual received
the individual's most recent degree.
``SEC. 206. TEACHER DEVELOPMENT.
``(a) Annual Goals.--As a condition of receiving assistance
under title IV, each institution of higher education that
conducts a traditional teacher preparation program (including
programs that offer any ongoing professional development
programs) or alternative routes to State certification or
licensure program, and that enrolls students receiving
Federal assistance under this Act, shall set annual
quantifiable goals for--
``(1) increasing the number of prospective teachers trained
in teacher shortage areas designated by the Secretary,
including mathematics, science, special education, and
instruction of limited English proficient students; and
``(2) more closely linking the training provided by the
institution with the needs of schools and the instructional
decisions new teachers face in the classroom.
``(b) Assurance.--As a condition of receiving assistance
under title IV, each institution described in subsection (a)
shall provide an assurance to the Secretary that--
``(1) training provided to prospective teachers responds to
the identified needs of the local educational agencies or
States where the institution's graduates are likely to teach,
based on past hiring and recruitment trends;
``(2) prospective special education teachers receive course
work in core academic subjects and receive training in
providing instruction in core academic subjects;
``(3) general education teachers receive training in
providing instruction to diverse populations, including
children with disabilities, limited English proficient
students, and children from low-income families; and
``(4) prospective teachers receive training on how to
effectively teach in urban and rural schools.
``(c) Public Reporting.--As part of the annual report card
required under section 205(a)(1), an institution of higher
education described in subsection (a) shall publicly report
whether the goals established under such subsection have been
met.
``SEC. 207. STATE FUNCTIONS.
``(a) State Assessment.--In order to receive funds under
this Act, a State shall have in place a procedure to conduct
an assessment to identify and assist, through the provision
of technical assistance, low-performing programs of teacher
preparation. Such State shall provide the Secretary an annual
list of such low-performing teacher preparation programs that
includes an identification of those programs at risk of being
placed on such list. Such assessment shall be described in
the report under section 205(b). Levels of performance shall
be determined solely by the State and may include criteria
based on information collected pursuant to this part
including progress in meeting the goals of--
``(1) increasing the percentage of highly qualified
teachers in the State, including increasing professional
development opportunities;
``(2) improving student achievement for all students; and
``(3) raising the standards for entry into the teaching
profession.
``(b) Termination of Eligibility.--Any program of teacher
preparation from which the State has withdrawn the State's
approval, or terminated the State's financial support, due to
the low performance of the program based upon the State
assessment described in subsection (a)--
``(1) shall be ineligible for any funding for professional
development activities awarded by the Department;
``(2) shall not be permitted to accept or enroll any
student that receives aid under title IV in the institution's
teacher preparation program; and
``(3) shall provide transitional support, including
remedial services if necessary, for students enrolled at the
institution at the time of termination of financial support
or withdrawal of approval.
``(c) Negotiated Rulemaking.--If the Secretary develops any
regulations implementing subsection (b)(2), the Secretary
shall submit such proposed regulations to a negotiated
rulemaking process, which shall include representatives of
States, institutions of higher education, and educational and
student organizations.
``(d) Application of the Requirements.--The requirements of
this section shall apply to both traditional teacher
preparation programs and alternative routes to State
certification and licensure programs.
``SEC. 208. GENERAL PROVISIONS.
``(a) Methods.--In complying with sections 205 and 207, the
Secretary shall ensure that States and institutions of higher
education use fair and equitable methods in reporting and
that the reporting methods do not allow identification of
individuals.
``(b) Special Rule.--For each State that does not use
content assessments as a means of ensuring that all teachers
teaching in core academic subjects within the State are
highly qualified, as required under section 1119 of the
Elementary and Secondary Education Act of 1965 and in
accordance with the State plan submitted or revised under
section 1111 of such Act, or that each person employed as a
special education teacher in the State who teaches elementary
school, middle school, or secondary school is highly
qualified by the deadline, as required under section
612(a)(14)(C) of the Individuals with Disabilities Education
Act,--
``(1) the Secretary shall, to the extent practicable,
collect data comparable to the data required under this part
from States, local educational agencies, institutions of
higher education, or other entities that administer such
assessments to teachers or prospective teachers; and
``(2) notwithstanding any other provision of this part, the
Secretary shall use such data to carry out requirements of
this part related to assessments, pass rates, and scaled
scores.
``(c) Release of Information to Teacher Preparation
Programs.--
``(1) In general.--For the purpose of improving teacher
preparation programs, a State educational agency that
receives funds under this Act, or that participates as a
member of a partnership, consortium, or other entity that
receives such funds, shall provide to a teacher preparation
program, upon the request of the teacher preparation program,
any and all pertinent education-related information that--
``(A) may enable the teacher preparation program to
evaluate the effectiveness of the program's graduates or the
program itself; and
``(B) is possessed, controlled, or accessible by the State
educational agency.
``(2) Content of information.--The information described in
paragraph (1)--
``(A) shall include an identification of specific
individuals who graduated from the teacher preparation
program to enable the teacher preparation program to evaluate
the information provided to the program from the State
educational agency with the program's own data about the
specific courses taken by, and field experiences of, the
individual graduates; and
``(B) may include--
``(i) kindergarten through grade 12 academic achievement
and demographic data, without revealing personally
identifiable information about an individual student, for
students who
[[Page 1647]]
have been taught by graduates of the teacher preparation
program; and
``(ii) teacher effectiveness evaluations for teachers who
graduated from the teacher preparation program.
``(d) Limitations.--
``(1) Federal control prohibited.--Nothing in this part
shall be construed to permit, allow, encourage, or authorize
any Federal control over any aspect of any private,
religious, or home school (whether or not a home school is
treated as a private school or home school under State law).
This section shall not be construed to prohibit private,
religious, or home schools from participation in programs or
services under this part.
``(2) No change in state control encouraged or required.--
Nothing in this part shall be construed to encourage or
require any change in a State's treatment of any private,
religious, or home school (whether or not a home school is
treated as a private school or home school under State law).
``(3) National system of teacher certification
prohibited.--Nothing in this part shall be construed to
permit, allow, encourage, or authorize the Secretary to
establish or support any national system of teacher
certification.
``SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $300,000,000 for fiscal year 2009 and such sums as may
be necessary for each of the 2 succeeding fiscal years.
``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS
``SEC. 221. PROGRAM AUTHORIZED.
``(a) Program Authority.--The Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with, eligible consortia to pay the Federal share
of the costs of projects to--
``(1) graduate teacher candidates who are prepared to use
modern information, communication, and learning tools to--
``(A) improve student learning, assessment, and learning
management; and
``(B) help students develop skills to enter the workforce;
``(2) strengthen and develop partnerships among the
stakeholders in teacher preparation to transform teacher
education and ensure technology rich learning environments
throughout a teacher candidate's pre-service education,
including clinical experiences; and
``(3) assess the effectiveness of departments, schools, and
colleges of education at institutions of higher education in
preparing teacher candidates for successful implementation of
technology-rich teaching-learning environments that enable
kindergarten through grade 12 students to develop skills to
enter the workforce.
``(b) Amount and Duration.--A grant, contract, or
cooperative agreement under this part--
``(1) shall be for not more than $2,000,000;
``(2) shall be for a 3-year period; and
``(3) may be renewed for one additional year.
``(c) Non-Federal Share Requirement.--The Federal share of
the cost of any project funded under this part shall not
exceed 75 percent. The non-Federal share of the cost of such
project may be provided in cash or in kind, fairly evaluated,
including services.
``(d) Definition of Eligible Consortium.--In this part, the
term `eligible consortium' means a consortium of members that
includes the following:
``(1) At least one institution of higher education that
awards baccalaureate degrees and prepares teachers for
initial entry into teaching.
``(2) At least one State educational agency or local
educational agency.
``(3) A department, school, or college of education at an
institution of higher education.
``(4) A department, school, or college of arts and sciences
at an institution of higher education.
``(5) At least one entity with the capacity to contribute
to the technology-related reform of teacher preparation
programs, which may be a professional association,
foundation, museum, library, for-profit business, public or
private nonprofit organization, community-based organization,
or other entity.
``SEC. 222. USES OF FUNDS.
``(a) In General.--An eligible consortium that receives a
grant or enters into a contract or cooperative agreement
under this part shall use funds made available under this
part to carry out a project that--
``(1) develops long-term partnerships among members of the
consortium that are focused on effective teaching with modern
digital tools and content that substantially connect pre-
service preparation of teacher candidates with high-needs
schools; or
``(2) transforms the way departments, schools, and colleges
of education teach classroom technology integration,
including the principles of universal design, to teacher
candidates.
``(b) Uses of Funds for Partnership Grants.--In carrying
out a project under subsection (a)(1), an eligible consortium
shall--
``(1) provide teacher candidates, early in their
preparation, with field experiences in educational settings
with technology;
``(2) build the skills of teacher candidates to support
technology-rich instruction, assessment and learning
management in content areas, technology literacy, an
understanding of the principles of universal design, and the
development of other skills for entering the workforce;
``(3) provide professional technology development for
teachers, administrators, and content specialists who
participate in field placement;
``(4) provide professional development of technology
pedagogical skills for faculty of departments, schools, and
colleges of education and arts and sciences;
``(5) implement strategies for the mentoring of teacher
candidates with respect to technology implementation by
members of the consortium;
``(6) evaluate teacher candidates during the first years of
teaching to fully assess outcomes of the project;
``(7) build collaborative learning communities for
technology integration within the consortium to sustain
meaningful applications of technology in the classroom during
teacher preparation and early career practice; and
``(8) evaluate the effectiveness of the project.
``(c) Uses of Funds for Transformation Grants.--In carrying
out a project under subsection (a)(2), an eligible consortium
shall--
``(1) redesign curriculum to require collaboration between
the department, school, or college of education faculty and
the department, school, or college of arts and sciences
faculty who teach content or methods courses for training
teacher candidates;
``(2) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and science faculty and academic content
specialists at the local educational agency to educate pre-
service teachers who can integrate technology and pedagogical
skills in content areas;
``(3) collaborate between the department, school, or
college of education faculty and the department, school, or
college of arts and sciences faculty who teach courses to
pre-service teachers to--
``(A) develop and implement a plan for pre-service teachers
and continuing educators that demonstrates effective
instructional strategies and application of such strategies
in the use of digital tools to transform the teaching and
learning process; and
``(B) better reach underrepresented pre-service teacher
populations with programs that connect such pre-service
teacher populations with applications of technology;
``(4) collaborate among faculty and students to create and
disseminate case studies of technology applications in
classroom settings with a goal of improving student
achievement in high-need schools;
``(5) provide additional technology resources for pre-
service teachers to plan and implement technology
applications in classroom settings that provide evidence of
student learning; and
``(6) bring together expertise from departments, schools,
or colleges of education, arts and science faculty, and
academic content specialists at the local educational agency
to share and disseminate technology applications in the
classroom through teacher preparation and into early career
practice.
``SEC. 223. APPLICATION REQUIREMENTS.
``To be eligible to receive a grant or enter into a
contract or cooperative agreement under this part, an
eligible consortium shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include the following:
``(1) A description of the project to be carried out with
the grant, including how the project will--
``(A) develop a long-term partnership focused on effective
teaching with modern digital tools and content that
substantially connects pre-service preparation of teacher
candidates with high-need schools; or
``(B) transform the way departments, schools, and colleges
of education teach classroom technology integration,
including the principles of universal design, to teacher
candidates.
``(2) A demonstration of--
``(A) the commitment, including the financial commitment,
of each of the members of the consortium for the proposed
project; and
``(B) the support of the leadership of each organization
that is a member of the consortium for the proposed project.
``(3) A description of how each member of the consortium
will participate in the project.
``(4) A description of how the State or local educational
agency will incorporate the project into the agency's
technology plan, if such a plan already exists.
``(5) A description of how the project will be continued
after Federal funds are no longer available under this part
for the project.
``(6) A plan for the evaluation of the project, which shall
include benchmarks to monitor progress toward specific
project objectives.
``SEC. 224. EVALUATION.
``Not less than 10 percent of the funds awarded to an
eligible consortium to carry out a project under this part
shall be used to evaluate the effectiveness of such project.
``SEC. 225. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated $100,000,000 to
carry out this part for fiscal year 2009 and such sums as may
be necessary for each of the 2 succeeding fiscal years.
``PART C--ENHANCING TEACHER EDUCATION
``SEC. 240. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part such sums as may be necessary for fiscal year 2009 and
each of the 4 succeeding fiscal years.
``Subpart 1--Recruiting Teachers With Math, Science, or Language Majors
``SEC. 241. PROGRAM AUTHORIZED.
``(a) Grants Authorized.--From the amounts appropriated
under section 240, the Secretary shall make competitive
grants to institutions of
[[Page 1648]]
higher education to improve the availability, recruitment,
and retention of teachers from among students majoring in
mathematics, science, foreign languages, special education,
or teaching the English language to students who are limited
English proficient, or to a combination of students majoring
in such subjects. In making such grants, the Secretary shall
give priority to institutions of higher education with
programs that--
``(1) focus on preparing and retaining teachers in subjects
in which there is a shortage of highly qualified teachers and
that prepare students to teach in high-need schools; and
``(2) include plans to seek matching funds from other
governmental and non-governmental sources.
``(b) Application.--Any institution of higher education
desiring to receive a grant under this subpart shall submit
to the Secretary an application at such time, in such form,
and containing such information and assurances as the
Secretary may require, including--
``(1) the number of students who graduated from the
institution in the preceding year with the qualifications
necessary to be teachers with expertise in mathematics,
science, a foreign language, special education, or teaching
limited English proficient individuals; and
``(2) a goal and timeline for increasing the number of such
teachers who graduate from the institution.
``(c) Use of Funds.--Grant funds made available under this
subpart--
``(1) shall be used to create and provide new recruitment
incentives to encourage students who are planning to pursue
other careers to pursue careers in teaching, with an emphasis
on recruiting students who are majoring in high-need subjects
such as mathematics, science, foreign languages, and special
education, and areas relevant to teaching the English
language to students who are limited English proficient;
``(2) may be used to upgrade curriculum to provide all
students studying to become teachers with high-quality
instructional strategies for teaching reading and teaching
the English language to students who are limited English
proficient, and for adopting, modifying, and differentiating
instruction to teach students with disabilities;
``(3) may be used to integrate department, school, or
college of education faculty with other arts and science
faculty in mathematics, science, foreign languages, special
education, and teaching the English language to students who
are limited English proficient through steps such as--
``(A) dual appointments for faculty between departments,
schools, or colleges of education and departments, schools,
or colleges of arts and science; and
``(B) integrating course work with clinical experience;
``(4) may be used to develop strategic plans between
departments, schools, or colleges of education and local
school districts to better prepare teachers for high-need
schools, including the creation of professional development
partnerships for training new teachers in state-of-the-art
teaching practices; and
``(5) may be used to develop or enhance programs aimed at
retaining teachers in high-need subjects such as mathematics,
science, foreign languages, special education, and teaching
the English language to students who are limited English
proficient, and may include providing scholarship assistance
to current teachers to upgrade their skills.
``Subpart 2--Community Colleges as Partners in Teacher Education Grants
``SEC. 251. GRANTS TO COMMUNITY COLLEGES.
``(a) Program Authorized.--The Secretary is authorized to
award grants, on a competitive basis, to eligible entities to
assist such entities with--
``(1) establishing or enhancing teacher education programs
at community colleges that--
``(A) include content and pedagogical training; and
``(B) are aligned with 4-year college and university
teacher education programs to ensure a seemless transition
for students from community colleges to 4-year institutions;
``(2) establishing or enhancing post baccalaureate
certification programs offered at community colleges;
``(3) developing and delivering a rigorous program of study
for students interested in a career in teaching; and
``(4) developing and delivering professional development
for teachers to ensure their continued education and
professional growth.
``(b) Authorized Uses of Funds.--Grant funds provided under
this subpart shall be used to carry out the activities
described in subsection (a), and may be used to--
``(1) develop curriculum for teacher education programs and
post baccalaureate certification programs at community
colleges;
``(2) establish or enhance clinical experiences for
students in such teacher education programs and post
baccalaureate certification programs;
``(3) establish or enhance professional development
programs at community colleges that are available for
teachers;
``(4) develop new associate degree programs focused on
teacher preparation;
``(5) increase the alignment between community college
teacher education programs and 4-year college and university
teacher education programs, including articulation
agreements, common course numbering, and joint admission
programs;
``(6) recruit teacher candidates with the goal of
diversifying the teacher workforce;
``(7) prepare teachers for high-demand subject areas
including science, mathematics, technology, special
education, critical foreign languages, or the education of
limited English proficient individuals;
``(8) prepare teachers to teach in high-need schools;
``(9) increase coordination between teacher education
programs and departments, schools, or colleges of arts and
sciences;
``(10) encourage teacher education and post baccalaureate
programs at times and in formats designed to make these
programs more accessible to certain student populations,
including mid-career professionals transitioning to teaching;
and
``(11) carry out other activities that aim to ensure that
well-qualified individuals enter into the teaching
profession.
``(c) Eligible Entity.--For purposes of this subpart, the
term `eligible entity' means an individual community college
(or district of community colleges), a consortia of community
colleges, or a statewide community college system that, for
the purposes of carrying out activities under this subpart,
has entered into a partnership with--
``(1) a four-year institution of higher education with a
teacher education program, or a consortia of such
institutions; and
``(2) at least one of the following:
``(A) The State agency that oversees teacher preparation or
higher education in the State.
``(B) One or more local educational agencies.
``(C) The State educational agency.
``(D) A professional organization representing teachers.
``(d) Application.--Each eligible entity desiring a grant
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include--
``(1) an overview of the goals the eligible entity and its
partners plan to pursue upon receipt of a grant under this
subpart;
``(2) an identification of the institutions, agencies, or
organizations that have entered into a partnership with the
eligible entity to meet the requirements of subsection (c);
``(3) a description of how the eligible entity and its
partners will work to ensure a seemless transition for
students from community college to 4-year institutions;
``(4) an assurance by the eligible entity that students
will be provided with intensive support services, which may
include mentoring, academic and career support, and support
for students who are transitioning, or have transitioned,
from the community college to the 4-year institution; and
``(5) a description of the rigorous 2-year program of study
to be provided by the eligible entity, and a description of
how such program establishes a foundation for students to
enter into a qualified teacher preparation program at a 4-
year institution.
``(e) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to applications the goals of
which are to--
``(1) increase the diversification of the teacher workforce
by enrolling and retaining students from minority racial and
ethnic backgrounds and others underrepresented in the local
education workforce;
``(2) prepare teachers for high-demand subject areas
including science, mathematics, technology, special
education, critical foreign languages, or the education of
limited English proficient individuals; or
``(3) prepare teachers to enter into high-need schools.
``SEC. 252. DEFINITIONS.
``In this subpart:
``(1) Community college.--The term `community college' has
the same meaning given the term `junior or community college'
in section 313.
``(2) Four-year institution.--The term `4-year institution'
means an institution of higher education (as defined in
section 101(a)) that provides a 4-year program of instruction
for which the institution awards a bachelor's degree.
``(3) Qualified teacher preparation program.--The term
`qualified teacher preparation program' means an
undergraduate program for students at an institution of
higher education that--
``(A) encourages collaboration between faculty in education
and faculty in the relevant subject areas including, sciences
mathematics, and foreign languages to pursue content
coordination for courses taken frequently by students
preparing to be teachers;
``(B) offers support services, including mentoring,
exposure to and field experience in the classroom prior to
graduation, or other practices, for students while they are
in the program, and after graduation while working as
teachers; and
``(C) focuses on increasing the number of teachers for
high-demand subject areas.
``Subpart 3--Honorable Augustus F. Hawkins Centers of Excellence
``SEC. 261. DEFINITIONS.
``In this subpart:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education that has a teacher
preparation program that is a qualified teacher preparation
program under section 252, and that is--
``(i) a part B institution (as defined in section 322);
``(ii) a Hispanic-serving institution (as defined in
section 502);
[[Page 1649]]
``(iii) a Tribal College or University (as defined in
section 316);
``(iv) an Alaska Native-serving institution (as defined in
section 317(b));
``(v) a Native Hawaiian-serving institution (as defined in
section 317(b));
``(vi) a Predominantly Black Institution (as defined in
section 318(b));
``(vii) an Asian American and Pacific Islander-serving
institution (as defined in section 319(b)); or
``(viii) a Native American-serving non-tribal institution
(as defined in section 320(b));
``(B) a consortium of institutions described in
subparagraph (A); or
``(C) an institution described in subparagraph (A), or a
consortium described in subparagraph (B), in partnership with
any other institution of higher education, but only if the
center of excellence established under section 262 is located
at an institution described in subparagraph (A).
``(2) Scientifically based reading research.--The term
`scientifically based reading research' has the meaning given
such term in section 1208 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6368).
``SEC. 262. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.
``(a) Program Authorized.--From the amounts appropriated to
carry out this part, the Secretary is authorized to award
competitive grants to eligible institutions to establish
centers of excellence.
``(b) Use of Funds.--Grants provided by the Secretary under
this subpart shall be used to ensure that current and future
teachers are highly qualified, by carrying out one or more of
the following activities:
``(1) Implementing reforms within teacher preparation
programs to ensure that such programs are preparing teachers
who are highly qualified, are able to understand
scientifically valid research, and are able to use advanced
technology effectively in the classroom, including use for
instructional techniques to improve student academic
achievement, by--
``(A) retraining or recruiting faculty; and
``(B) designing (or redesigning) teacher preparation
programs that--
``(i) prepare teachers to close student achievement gaps,
and are based on rigorous academic content, scientifically
valid research (including scientifically based reading
research), and challenging State student academic content
standards; and
``(ii) promote strong teaching skills, as defined in
section 200(b).
``(2) Providing sustained and high-quality pre-service
clinical experience, including the mentoring of prospective
teachers by exemplary teachers, substantially increasing
interaction between faculty at institutions of higher
education and new and experienced teachers, principals, and
other administrators at elementary schools or secondary
schools, and providing support, including preparation time,
for such interaction.
``(3) Developing and implementing initiatives to promote
retention of highly qualified teachers and principals,
including minority teachers and principals, including
programs that provide--
``(A) teacher or principal mentoring from exemplary
teachers or principals; or
``(B) induction and support for teachers and principals
during their first 3 years of employment as teachers or
principals, respectively.
``(4) Awarding scholarships based on financial need to help
students pay the costs of tuition, room, board, and other
expenses of completing a teacher preparation program.
``(5) Disseminating information on effective practices for
teacher preparation and successful teacher certification and
licensure assessment preparation strategies.
``(6) Activities authorized under section 202.
``(c) Application.--Any eligible institution desiring a
grant under this subpart shall submit an application to the
Secretary at such a time, in such a manner, and accompanied
by such information as the Secretary may require.
``(d) Minimum Grant Amount.--The minimum amount of each
grant under this subpart shall be $500,000.
``(e) Limitation on Administrative Expenses.--An eligible
institution that receives a grant under this subpart may not
use more than 2 percent of the grant funds for purposes of
administering the grant.
``(f) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this subpart.
``Subpart 4--Teach for America
``SEC. 271. TEACH FOR AMERICA.
``(a) Definitions.--
``(1) Grantee.--The term `grantee' means Teach For America,
Inc.
``(2) High need.--Notwithstanding section 200(b), the term
`high need', when used with respect to a local educational
agency, means a local educational agency experiencing a
shortage of highly qualified teachers.
``(b) Grants Authorized.--The Secretary is authorized to
award a grant to Teach For America, Inc., the national
teacher corps of outstanding recent college graduates who
commit to teach for 2 years in underserved communities in the
United States, to implement and expand its program of
recruiting, selecting, training, and supporting new teachers.
``(c) Requirements.--In carrying out the grant program
under subsection (b), the Secretary shall enter into an
agreement with the grantee under which the grantee agrees to
use the grant funds provided under this subpart to--
``(1) provide highly qualified teachers to high need local
educational agencies in urban and rural communities;
``(2) pay the costs of recruiting, selecting, training, and
supporting new teachers; and
``(3) serve a substantial number and percentage of
underserved students.
``(d) Authorized Activities.--
``(1) In general.--Grant funds provided under this subpart
shall be used by the grantee to carry out each of the
following activities:
``(A) Recruiting and selecting teachers through a highly
selective national process.
``(B) Providing pre-service training to such teachers
through a rigorous summer institute that includes hands-on
teaching experience and significant exposure to education
course work and theory.
``(C) Placing such teachers in schools and positions
designated by high need local educational agencies as high
need placements serving underserved students.
``(D) Providing ongoing professional development activities
for such teachers' first 2 years in the classroom, including
regular classroom observations and feedback, and ongoing
training and support.
``(2) Limitation.--The grantee shall use all grant funds
received under this subpart to support activities related
directly to the recruitment, selection, training, and support
of teachers as described in paragraph (1).
``(e) Reports and Evaluations.--
``(1) Annual report.--The grantee shall provide to the
Secretary an annual report that includes--
``(A) data on the number and quality of the teachers
provided to local educational agencies through a grant under
this subpart;
``(B) an externally conducted analysis of the satisfaction
of local educational agencies and principals with the
teachers so provided; and
``(C) comprehensive data on the background of the teachers
chosen, the training such teachers received, the placement
sites of such teachers, the professional development of such
teachers, and the retention of such teachers.
``(2) Study.--
``(A) In general.--From funds appropriated under section
240, the Secretary shall provide for a study that examines
the achievement levels of the students taught by the teachers
assisted under this subpart.
``(B) Achievement gains compared.--The study shall compare,
within the same schools, the achievement gains made by
students taught by teachers who are assisted under this
subpart with the achievement gains made by students taught by
teachers who are not assisted under this subpart.
``(3) Requirements.--The Secretary shall provide for such a
study not less than once every 3 years, and each such study
shall include multiple placement sites and multiple schools
within placement sites.
``(4) Peer review standards.--Each such study shall meet
the peer review standards of the education research
community.
``Subpart 5--Early Childhood Education Professional Development and
Career Task Force
``SEC. 281. PURPOSE.
``It is the purpose of this subpart--
``(1) to improve the quality of the early childhood
education workforce by creating a statewide early childhood
education professional development and career task force for
early childhood education program staff, directors, and
administrators; and
``(2) to create--
``(A) a coherent system of core competencies, pathways to
qualifications, credentials, degrees, quality assurances,
access, and outreach, for early childhood education program
staff, directors, and administrators, that is linked to
compensation commensurate with experience and qualifications;
``(B) articulation agreements that enable early childhood
education professionals to transition easily among degrees;
and
``(C) compensation initiatives for individuals working in
an early childhood education program that reflect the
individuals' credentials, degrees, and experience.
``SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.
``In this subpart, the term `early childhood education
program' means--
``(1) a family child care program, center-based child care
program, State prekindergarten program, or school-based
program, that--
``(A) provides early childhood education;
``(B) uses developmentally appropriate practices;
``(C) is licensed or regulated by the State; and
``(D) serves children from birth through age 5;
``(2) a Head Start Program carried out under the Head Start
Act;
``(3) an Early Head Start Program carried out under section
645A of the Head Start Act; or
``(4) a program authorized under section 619 or part C of
the Individuals with Disabilities Education Act.
``SEC. 283. GRANTS AUTHORIZED.
``(a) In General.--The Secretary is authorized to award
grants to States in accordance with the provisions of this
subpart to enable such States--
``(1) to establish a State Task Force described in section
284; and
``(2) to support activities of the State Task Force
described in section 285.
``(b) Competitive Basis.--Grants under this subpart shall
be awarded on a competitive basis.
``(c) Equitable Geographic Distribution.--In awarding
grants under this subpart, the Secretary shall take into
consideration providing
[[Page 1650]]
an equitable geographic distribution of such grants.
``(d) Duration.--Grants under this subpart shall be awarded
for a period of 3 years.
``SEC. 284. STATE TASK FORCE ESTABLISHMENT.
``(a) State Task Force Established.--The Governor of a
State receiving a grant under this subpart shall establish,
or designate an existing entity to serve as, the State Early
Childhood Education Professional Development and Career Task
Force (hereafter in this subpart referred to as the `State
Task Force').
``(b) Membership.--The State Task Force shall include a
representative of a State educational agency, an institution
of higher education (including an associate or a
baccalaureate degree granting institution of higher
education), an early childhood education program, a nonprofit
early childhood organization, a statewide early childhood
workforce scholarship or supplemental initiative, and any
other entity or individual the Governor determines
appropriate.
``SEC. 285. STATE TASK FORCE ACTIVITIES.
``(a) Activities.--The State Task Force shall--
``(1) coordinate and communicate regularly with existing
State Advisory Councils on Early Care and Education or a
similar State entity charged with creating a comprehensive
system of early care and education in the State (hereafter in
this subpart referred to as `State Advisory Councils') for
the purposes of--
``(A) integrating recommendations for early childhood
professional development and career activities into the plans
of the State Advisory Council; and
``(B) assisting in the implementation of professional
development and career activities that are consistent with
the plans described in subparagraph (A);
``(2) conduct a review of opportunities for and barriers to
high quality professional development, training, and higher
education degree programs in early childhood development and
learning, including a periodic statewide survey concerning
the demographics of individuals working in early childhood
education programs in the State, which survey shall include
information disaggregated by--
``(A) race, gender, and ethnicity;
``(B) compensation levels;
``(C) type of early childhood education program setting;
``(D) specialized knowledge of child development;
``(E) years of experience in an early childhood education
program;
``(F) attainment of--
``(i) academic credit for course work;
``(ii) an academic degree;
``(iii) a credential;
``(iv) licensure; or
``(v) certification in early childhood education; and
``(G) specialized knowledge in the education of children
with limited English proficiency; and
``(3) develop a plan for a comprehensive statewide
professional development and career system for individuals
working in early childhood education programs or for early
childhood education providers, which plan shall include--
``(A) methods of providing outreach to early childhood
education program staff, directors, and administrators to
enable such individuals and providers to be aware of
opportunities and resources under the statewide plan, which
may include outreach to underrepresented populations in the
profession;
``(B) developing a unified data collection and
dissemination system for early childhood education training,
professional development, and higher education programs;
``(C) increasing the participation of early childhood
educators in high quality training and professional
development by assisting in paying the costs of enrollment in
and completion of such training and professional development
courses;
``(D) increasing the participation of early childhood
educators in postsecondary education programs leading to
degrees in early childhood education by providing assistance
to pay the costs of enrollment in and completion of such
postsecondary education programs, which assistance--
``(i) shall only be provided to an individual who--
``(I) enters into an agreement under which the individual
agrees to work, for a reasonable number of years after
receiving such a degree, in an early childhood education
program that is located in a low-income area; and
``(II) has a family income equal to or less than the
annually adjusted national median family income as determined
by the Bureau of the Census; and
``(ii) shall be provided in an amount that does not exceed
$17,500;
``(E) supporting professional development activities and a
career lattice for a variety of early childhood professional
roles with varying professional qualifications and
responsibilities for early childhood education personnel,
including strategies to enhance the compensation of such
personnel;
``(F) supporting articulation agreements between 2- and 4-
year public and private institutions of higher education and
mechanisms to transform other training, professional
development, and experience into academic credit;
``(G) developing mentoring and coaching programs to support
new educators in and directors of early childhood education
programs;
``(H) providing career development advising with respect to
the field of early childhood education, including informing
an individual regarding--
``(i) entry into and continuing education requirements for
professional roles in the field;
``(ii) available financial assistance; and
``(iii) professional development and career advancement in
the field;
``(I) enhancing the quality of faculty and course work in
postsecondary programs that lead to an associate,
baccalaureate, or graduate degree in early childhood
education;
``(J) consideration of the availability of on-line graduate
level professional development offered by institutions of
higher education with experience and demonstrated expertise
in establishing programs in child development, in order to
improve the skills and expertise of individuals working in
early childhood education programs; and
``(K) developing or enhancing a system of quality assurance
with respect to the early childhood education professional
development and career system, including standards or
qualifications for individuals and entities who offer
training and professional development in early childhood
education.
``(b) Public Hearings.--The State Task Force shall hold
public hearings and provide an opportunity for public comment
on the activities described in the statewide plan described
in subsection (a)(3).
``(c) Periodic Review.--The State Task Force shall meet
periodically to review implementation of the statewide plan
and to recommend any changes to the statewide plan the State
Task Force determines necessary.
``SEC. 286. STATE APPLICATION AND REPORT.
``(a) In General.--Each State desiring a grant under this
subpart shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require. Each such application
shall include a description of--
``(1) the membership of the State Task Force;
``(2) the activities for which the grant assistance will be
used;
``(3) other Federal, State, local, and private resources
that will be available to support the activities of the State
Task Force described in section 285;
``(4) the availability within the State of training,
educator preparation, professional development, compensation
initiatives, and career systems, related to early childhood
education; and
``(5) the resources available within the State for such
training, educator preparation, professional development,
compensation initiatives, and career systems.
``(b) Report to the Secretary.--Not later than 2 years
after receiving a grant under this subpart, a State shall
submit a report to the Secretary that shall describe--
``(1) other Federal, State, local, and private resources
that will be used in combination with a grant under this
subpart to develop or expand the State's early childhood
education professional development and career activities;
``(2) the ways in which the State Advisory Council will
coordinate the various State and local activities that
support the early childhood education professional
development and career system; and
``(3) the ways in which the State Task Force will use funds
provided under this subpart to carry out the activities
described in section 285.
``SEC. 287. EVALUATIONS.
``(a) State Evaluation.--Each State receiving a grant under
this subpart shall--
``(1) evaluate the activities that are assisted under this
subpart in order to determine--
``(A) the effectiveness of the activities in achieving
State goals;
``(B) the impact of a career lattice for individuals
working in early childhood education programs;
``(C) the impact of the activities on licensing or
regulating requirements for individuals in the field of early
childhood development;
``(D) the impact of the activities, and the impact of the
statewide plan described in section 286(a)(3), on the quality
of education, professional development, and training related
to early childhood education programs that are offered in the
State;
``(E) the change in compensation and retention of
individuals working in early childhood education programs
within the State resulting from the activities; and
``(F) the impact of the activities on the demographic
characteristics of individuals working in early childhood
education programs; and
``(2) submit a report at the end of the grant period to the
Secretary regarding the evaluation described in paragraph
(1).
``(b) Secretary's Evaluation.--Not later than September 30,
2013, the Secretary, in consultation with the Secretary of
Health and Human Services, shall prepare and submit to the
authorizing committees an evaluation of the State reports
submitted under subsection (a)(2).''.
SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF BEST
PRACTICES IN TEACHER PREPARATION.
(a) In General.--The Secretary shall enter into a contract
with the National Academy of Sciences to conduct a 2-year
study to develop suggested best practices in teacher
preparation for departments, schools, and colleges of
education. Such best practices shall include recommendations
to improve teaching skills, including skills related to
working with diverse populations.
(b) Best Research; Suggested Training.--The suggested best
practices developed under subsection (a) shall reflect the
best research into how students learn and on the content-
specific
[[Page 1651]]
methods shown to be effective with students, including
examining how children learn. The suggested best practices
shall include suggested training for general and special
education teachers in working with diverse populations,
utilizing the principles of universal design for learning,
assessments in the classroom, and classroom management.
(c) Collaboration.--
(1) In general.--In conducting the study under subsection
(a), the National Academy of Sciences shall collaborate with
interested parties in developing the suggested best
practices.
(2) Interested parties.--In this subsection, the term
``interested parties'' means--
(A) college presidents;
(B) deans of arts and sciences and teacher education
programs;
(C) teacher preparation faculty;
(D) chief State school officers;
(E) school superintendents;
(F) teacher organizations;
(G) outstanding teachers and principals;
(H) teacher preparation accrediting organizations;
(I) individuals or organizations with expertise in working
with diverse populations, including students with
disabilities and limited English proficient students; and
(J) other organizations with expertise in teacher
recruitment and training.
(d) Prohibition.--Nothing in this section shall be
construed to authorize the National Academy of Sciences to
recommend, or any other Federal Government entity or
contractor to mandate, direct, control, or suggest, a
specific curriculum for teacher education programs.
TITLE III--TITLE III AMENDMENTS
SEC. 301. PROGRAM PURPOSE.
Section 311 (20 U.S.C. 1057) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``351'' and inserting
``391''; and
(B) in paragraph (3)(F), by inserting ``, including
services that will assist in the education of special
populations'' before the period; and
(2) in subsection (c)--
(A) in paragraph (6), by inserting ``, including
innovative, customized, instruction courses designed to help
retain students and move the students rapidly into core
courses and through program completion'' before the period;
(B) by redesignating paragraphs (7) through (12) as
paragraphs (8) through (13), respectively;
(C) by inserting after paragraph (6) the following:
``(7) Education or counseling services designed to improve
the financial literacy and economic literacy of students or
the students' parents.'';
(D) in paragraph (12) (as redesignated by subparagraph
(B)), by striking ``distance learning academic instruction
capabilities'' and inserting ``distance education
technologies''; and
(E) in the matter preceding subparagraph (A) of paragraph
(13) (as redesignated by subparagraph (B)), by striking
``subsection (c)'' and inserting ``subsection (b) and section
391''.
SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY
CONTROLLED COLLEGES AND UNIVERSITIES.
(a) Eligible Institutions.--Section 316(b)(3) (20 U.S.C.
1059c(b)(3)) is amended to read as follows:
``(3) Tribal college or university.--The term `Tribal
College or University' means an institution that--
``(A) qualifies for funding under the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C. 1801
et seq.) or the Navajo Community College Assistance Act (25
U.S.C. 640a note); or
``(B) is cited in section 532 of the Equity in Educational
Land Grant Status Act of 1994 (7 U.S.C. 301 note).''.
(b) Distance Learning.--Section 316(c)(2) is amended--
(1) by amending subparagraph (B) to read as follows:
``(B) construction, maintenance, renovation, and
improvement in classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services, and the
acquisition of real property adjacent to the campus of the
institution on which to construct such facilities;'';
(2) in subparagraph (C), by inserting before the semicolon
at the end the following: ``, or advanced degrees in tribal
governance or tribal public policy'';
(3) in subparagraph (D), by inserting before the semicolon
at the end the following: ``, and in tribal governance or
tribal public policy'';
(4) by striking ``and'' at the end of subparagraph (K);
(5) by redesignating subparagraph (L) as subparagraph (M);
and
(6) by inserting after subparagraph (K) the following new
subparagraph:
``(L) developing or improving facilities for Internet use
or other distance learning academic instruction capabilities;
and''.
(c) Application and Allotment.--Section 316(d) is amended
to read as follows:
``(d) Application and Allotment.--
``(1) Institutional eligibility.--To be eligible to receive
assistance under this section, a Tribal College or University
shall be an eligible institution under section 312(b).
``(2) Application.--Any Tribal College or University
desiring to receive assistance under this section shall
submit an application to the Secretary at such time, and in
such manner, as the Secretary may reasonably require.
``(3) Minimum grant.--Notwithstanding section 399(c), the
amount allotted to each institution under this section shall
not be less than $500,000.
``(4) Special rules.--
``(A) Concurrent funding.--For the purposes of this part,
no Tribal College or University that is eligible for and
receives funds under this section shall concurrently receive
funds under other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.''.
(d) Allotment of Remaining Funds.--Section 316 is further
amended by adding at the end the following new subsection:
``(e) Allotment of Remaining Funds.--The Secretary shall
distribute any funds appropriated to carry out this section
for any fiscal year that remain available after the Secretary
has awarded grants under subsection (e), to each eligible
institution as follows:
``(1) 60 percent of the remaining appropriated funds shall
be distributed among the eligible Tribal Colleges and
Universities on a pro rata basis, based on the respective
Indian student counts (as defined in section 2(a) of the
Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1801(a)) of the Tribal Colleges and
Universities; and
``(2) the remaining 40 percent shall be distributed in
equal shares to the eligible Tribal Colleges and
Universities.''.
SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS.
Part A of title III is amended by inserting after section
317 (20 U.S.C. 1059d) the following new section:
``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.
``(a) Purpose.--It is the purpose of this section to assist
Predominantly Black Institutions in expanding educational
opportunity through a program of Federal assistance.
``(b) Definitions.--For purposes of this section:
``(1) Predominantly black institution.--The term
`Predominantly Black Institution' means an institution of
higher education--
``(A) that is an eligible institution (as defined in
paragraph (5)(A) of this subsection) with a minimum of 1,000
undergraduate students;
``(B) at which at least 50 percent of the undergraduate
students enrolled at the institution are low-income
individuals or first-generation college students (as that
term is defined in section 402A(g)); and
``(C) at which at least 50 percent of the undergraduate
students are enrolled in an educational program leading to a
bachelor's or associate's degree that the institution is
licensed to award by the State in which it is located.
``(2) Low-income individual.--The term `low-income
individual' has the meaning given such term in section
402A(g).
``(3) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a program of the
Federal Government, other than a program under title IV, in
which eligibility for the programs' benefits, or the amount
of such benefits, or both, are determined on the basis of
income or resources of the individual or family seeking the
benefit.
``(4) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(5) Other definitions.--For purposes of this section, the
terms defined by section 312 have the meanings provided by
that section, except as follows:
``(A) Eligible institution.--
``(i) The term `eligible institution' means an institution
of higher education that--
``(I) has an enrollment of needy undergraduate students as
required and defined by subparagraph (B);
``(II) except as provided in section 392(b), the average
educational and general expenditure of which are low, per
full-time equivalent undergraduate student in comparison with
the average educational and general expenditure per full-time
equivalent undergraduate student of institutions that offer
similar instruction;
``(III) has an enrollment of undergraduate students that is
at least 40 percent Black American students;
``(IV) is legally authorized to provide, and provides
within the State, an educational program for which the
institution awards a bachelors degree, or in the case of a
junior or community college, an associate's degree;
``(V) is accredited by a nationally recognized accrediting
agency or association determined by the Secretary to be a
reliable authority as to the quality of training offered, or
is, according to such an agency or association, making
reasonable progress toward accreditation; and
``(VI) is not receiving assistance under part B of this
title.
``(ii) In awarding grants under this section the Secretary
shall give priority to Predominantly Black Institutions with
large numbers or percentages of students described in clause
(i)(II) or clause (i)(III). The level of priority given to
Predominantly Black Institutions with large numbers or
percentages of students described in paragraph (1)(B) shall
be twice the level of priority given to Predominantly Black
Institutions with large numbers or percentages of students
described in paragraph (1)(C).
``(B) Enrollment of needy students.--The term `enrollment
of needy students' means the enrollment at an eligible
institution with respect to which at least 50 percent of the
undergraduate students enrolled in an academic program
leading to a degree--
``(i) in the second fiscal year preceding the fiscal year
for which the determination is made, were Pell Grant
recipients in such year;
``(ii) come from families that receive benefits under a
means-tested Federal benefits program (as defined in
paragraph (3));
[[Page 1652]]
``(iii) attended a secondary school that was a high-need
school during any year of such attendance; or
``(iv) are `first-generation college students' as that term
is defined in section 402A(g), and a majority of such first-
generation college students are low-income individuals.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded
pursuant to subsection (d) shall be used by Predominantly
Black Institutions--
``(A) to assist the institution to plan, develop,
undertake, and implement programs to enhance the
institution's capacity to serve more low- and middle-income
Black American students;
``(B) to expand higher education opportunities for title IV
eligible students by encouraging college preparation and
student persistence in secondary and postsecondary education;
and
``(C) to strengthen the institution's financial ability to
serve the academic needs of the students described in
subparagraphs (A) and (B).
``(2) Authorized activities.--Grants made to an institution
under subsection (d) shall be used for one or more of the
following activities:
``(A) The activities described in section 311(c)(1) through
(11).
``(B) Academic instruction in disciplines in which Black
Americans are underrepresented.
``(C) Establishing or enhancing a program of teacher
education designed to qualify students to teach in a public
elementary or secondary school in the State that shall
include, as part of such program, preparation for teacher
certification.
``(D) Establishing community outreach programs which will
encourage elementary and secondary students to develop the
academic skills and the interest to pursue postsecondary
education.
``(E) Other activities proposed in the application
submitted pursuant to subsection (e) that--
``(i) contribute to carrying out the purposes of this
section; and
``(ii) are approved by the Secretary as part of the review
and acceptance of such application.
``(3) Endowment fund.--
``(A) In general.--A Predominantly Black Institution may
use not more than 20 percent of the grant funds provided
under this section to establish or increase an endowment fund
at the institution.
``(B) Matching requirement.--In order to be eligible to use
grant funds in accordance with subparagraph (A), the
Predominantly Black Institution shall provide matching funds
from non-Federal sources, in an amount equal to or greater
than the Federal funds used in accordance with subparagraph
(A), for the establishment or increase of the endowment fund.
``(C) Comparability.--The provisions of part C regarding
the establishment or increase of an endowment fund, that the
Secretary determines are not inconsistent with this
subsection, shall apply to funds used under subparagraph (A).
``(4) Limitation.--Not more than 50 percent of the
allotment of any Predominantly Black Institution may be
available for the purpose of constructing or maintaining a
classroom, library, laboratory, or other instructional
facility.
``(d) Allotments to Predominantly Black Institutions.--
``(1) Allotment: pell grant basis.--From the amount
appropriated to carry out this section for any fiscal year,
the Secretary shall allot to each Predominantly Black
Institution having an application approved under subsection
(e) a sum which bears the same ratio to one-half that amount
as the number of Pell Grant recipients in attendance at such
institution at the end of the academic year preceding the
beginning of that fiscal year bears to the total number of
Pell Grant recipients at all institutions eligible under this
section.
``(2) Allotment: graduates basis.--From the amount
appropriated to carry out this section for any fiscal year,
the Secretary shall allot to each Predominantly Black
Institution having an application approved under subsection
(e) a sum which bears the same ratio to one-fourth that
amount as the number of graduates for such year at such
institution bears to the total number of graduates for such
year at all intuitions eligible under this section.
``(3) Allotment: graduates seeking a higher degree basis.--
From the amount appropriated to carry out this section for
any fiscal year, the Secretary shall allot to each
Predominantly Black Institution having an application
approved under subsection (e) a sum which bears the same
ratio to one-fourth of that amount as the percentage of
graduates per institution who, within 2 years of graduation
with an associates degree or a baccalaureate degree, are
admitted to and in attendance at, either a baccalaureate
degree-granting institution or a graduate or professional
school in a degree program in disciplines in which Black
American students are underrepresented, bears to the
percentage of such graduates per institution for all eligible
institutions.
``(4) Minimum allotment.--(A) Notwithstanding paragraphs
(1), (2), and (3) of this subsection and section 399(c), the
amount allotted to each Predominantly Black Institution under
this section shall not be less than $250,000.
``(B) If the amount appropriated pursuant to section 399
for any fiscal year is not sufficient to pay the minimum
allotment, the amount of such minimum allotment shall be
ratably reduced. If additional sums become available for such
fiscal year, such reduced allocation shall be increased on
the same basis as it was reduced until the amount allotted
equals the minimum allotment required by subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly Black
Institution's allotment under paragraph (1), (2), (3), or (4)
for any fiscal year, which the Secretary determines will not
be required for such institution for the period such
allotment is available, shall be available for reallotment to
other Predominantly Black Institutions in proportion to the
original allotment to such other institutions under this
section for such fiscal year. The Secretary shall reallot
such amounts from time to time, on such date and during such
period as the Secretary deems appropriate.
``(e) Applications.--No Predominantly Black Institution
shall be entitled to its allotment of Federal funds for any
grant under subsection (d) for any period unless the
institution submits an application to the Secretary at such
time, in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
``(f) Application Review Process.--Section 393 shall not
apply to applications under this section.
``(g) Prohibition.--No Predominantly Black Institution that
applies for and receives a grant under this section may apply
for or receive funds under any other program under this part
or part B of this title.
``(h) Duration and Carryover.--Any funds paid to a
Predominantly Black Institution under this section and not
expended or used for the purposes for which the funds were
paid within 10 years following the date of the grant awarded
to such institution under this section shall be repaid to the
Treasury of the United States.''.
SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN
PACIFIC ISLANDER-SERVING INSTITUTIONS.
Part A of title III is amended by inserting after section
318 (as added by section 303 of this Act) the following new
section:
``SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide
grants and related assistance to Asian American and Native
American Pacific Islander-serving institutions to enable such
institutions to improve and expand their capacity to serve
Asian Americans and Native American Pacific Islanders.
``(b) Definitions.--For the purpose of this section--
``(1) the term `Asian American' has the meaning given the
term Asian in the Office of Management and Budget's Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity as published on October 30, 1997 (62 Fed.
Reg. 58789);
``(2) the term `Native American Pacific Islander' means any
descendant of the aboriginal people of any island in the
Pacific Ocean that is a territory or possession of the United
States;
``(3) the term `Asian American and Native American Pacific
Islander-serving institution' means an institution of higher
education that--
``(A) is an eligible institution under section 312(b); and
``(B) at the time of application, has an enrollment of
undergraduate students that is at least 10 percent Asian
American and Native American Pacific Islander students; and
``(4) the term `low-income individual' means an individual
from a family whose taxable income for the preceding year did
not exceed 150 percent of an amount equal to the poverty
level determined by using criteria of poverty established by
the Bureau of the Census.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Asian American and Native
American Pacific Islander-serving institutions to assist such
institutions to plan, develop, undertake, and carry out
activities to improve and expand such institutions' capacity
to serve Asian Americans and Native American Pacific
Islanders.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes;
``(B) renovation and improvement in classroom, library,
laboratory, and other instructional facilities;
``(C) support of faculty exchanges, and faculty development
and faculty fellowships to assist in attaining advanced
degrees in the faculty's field of instruction;
``(D) curriculum development and academic instruction;
``(E) purchase of library books, periodicals, microfilm,
and other educational materials;
``(F) funds and administrative management, and acquisition
of equipment for use in strengthening funds management;
``(G) joint use of facilities such as laboratories and
libraries;
``(H) academic tutoring and counseling programs and student
support services;
``(I) establishing community outreach programs that will
encourage elementary school and secondary school students to
develop the academic skills and the interest to pursue
postsecondary education;
``(J) establishing or improving an endowment fund;
``(K) academic instruction in disciplines in which Asian
Americans and Native American Pacific Islanders are under-
represented;
``(L) conducting research and data collection for Asian
American and Native American Pacific Islander populations and
sub-populations; and
``(M) establishing partnerships with community based
organizations serving Asian Americans and Native American
Pacific Islanders.
[[Page 1653]]
``(d) Application Process.--
``(1) Institutional eligibility.--Each Asian American and
Native American Pacific Islander-serving institution desiring
to receive assistance under this section shall submit to the
Secretary such enrollment data as may be necessary to
demonstrate that the institution is an Asian American and
Native American Pacific Islander-serving institution as
defined in subsection (b), along with such other information
and data as the Secretary may by regulation require.
``(2) Applications.--Any institution which is determined by
the Secretary to be an Asian American and Native American
Pacific Islander-serving institution may submit an
application for assistance under this section to the
Secretary. Such application shall include--
``(A) a 5-year plan for improving the assistance provided
by the Asian American and Native American Pacific Islander-
serving institution to Asian American and Native American
Pacific Islander students; and
``(B) such other information and assurance as the Secretary
may require.
``(3) Special rules.--
``(A) Eligibility.--No Asian American and Native American
Pacific Islander-serving institution that receives funds
under this section shall concurrently receive funds under
other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.
``(C) Distribution.--In awarding grants under this section,
the Secretary shall--
``(i) to the extent possible and consistent with the
competitive process under which such grants are awarded,
ensure maximum and equitable distribution among all eligible
institutions; and
``(ii) give priority consideration to institutions that
serve a significant percentage of Asian American and Native
American Pacific Islander students who are low-income
individuals.''.
SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
(a) Grant Program Authorized.--Part A of title III (20
U.S.C. 1057 et seq.) is amended by adding after section 319
(as added by section 304 of this Act) the following new
section:
``SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide
grants and related assistance to Native American-serving,
nontribal institutions to enable such institutions to improve
and expand their capacity to serve Native Americans.
``(b) Definitions.--In this section:
``(1) Native american.--The term `Native American' means an
individual who is of a tribe, people, or culture that is
indigenous to the United States.
``(2) Native american-serving, nontribal institution.--The
term `Native American-serving, nontribal institution' means
an institution of higher education that, at the time of
application--
``(A) has an enrollment of undergraduate students that is
not less than 10 percent Native American students; and
``(B) is not a Tribal College or University (as defined in
section 316).
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Native American-serving,
nontribal institutions to assist such institutions to plan,
develop, undertake, and carry out activities to improve and
expand such institutions' capacity to serve Native Americans.
``(2) Examples of authorized activities.--Such programs may
include--
``(A) the purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes;
``(B) renovation and improvement in classroom, library,
laboratory, and other instructional facilities;
``(C) support of faculty exchanges, and faculty development
and faculty fellowships to assist faculty in attaining
advanced degrees in the faculty's field of instruction;
``(D) curriculum development and academic instruction;
``(E) the purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and acquisition
of equipment for use in strengthening funds management;
``(G) the joint use of facilities such as laboratories and
libraries; and
``(H) academic tutoring and counseling programs and student
support services.
``(d) Application Process.--
``(1) Institutional eligibility.--A Native American-
serving, nontribal institution desiring to receive assistance
under this section shall submit to the Secretary such
enrollment data as may be necessary to demonstrate that the
institution is a Native American-serving, nontribal
institution, along with such other information and data as
the Secretary may by regulation require.
``(2) Applications.--
``(A) Permission to submit applications.--Any institution
that is determined by the Secretary to be a Native American-
serving, nontribal institution may submit an application for
assistance under this section to the Secretary.
``(B) Simplified and streamlined format.--The Secretary
shall, to the extent possible, prescribe a simplified and
streamlined format for applications under this section that
takes into account the limited number of institutions that
are eligible for assistance under this section.
``(C) Content.--An application submitted under subparagraph
(A) shall include--
``(i) a 5-year plan for improving the assistance provided
by the Native American-serving, nontribal institution to
Native Americans; and
``(ii) such other information and assurances as the
Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Native American-serving, nontribal
institution that receives funds under this section shall
concurrently receive funds under other provisions of this
part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under this
section.
``(C) Distribution.--In awarding grants under this section,
the Secretary shall, to the extent possible and consistent
with the competitive process under which such grants are
awarded, ensure maximum and equitable distribution among all
eligible institutions.''.
SEC. 306. STRENGTHENING HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
(a) Definitions.--Section 322(4) (20 U.S.C. 1061(4)) is
amended by inserting after ``the Secretary'' the following:
``, in consultation with the Commissioner of the National
Center for Education Statistics,''.
(b) Authorized Activities.--Section 323(a) (20 U.S.C.
1062(a)) is amended--
(1) by redesignating paragraph (12) as paragraph (15); and
(2) by inserting after paragraph (11) the following new
paragraphs:
``(12) Acquisition of real property in connection with the
construction, renovation, or addition to or improvement of
campus facilities.
``(13) Education or financial information designed to
improve the financial literacy and economic literacy of
students or the students' parents, especially with regard to
student indebtedness and student assistance programs under
the title IV.
``(14) Technical assistance or services necessary for the
implementation of projects or activities that are described
in the grant application and that are approved, in advance,
by the Secretary, except that not more than two percent of
the grant amount may be used for this purpose.''.
(c) Allotments.--
(1) Minimum allotment.--Subsection (d) of section 324 (20
U.S.C. 1063(d)) is amended to read as follows:
``(d) Minimum Allotment.--(1) If an otherwise eligible part
B institution did not enroll any Pell Grant recipients, or
did not graduate any students in the previous academic year,
or where appropriate, send any such graduates on to graduate
or first-professional degree study, the institution shall not
receive a grant under this part.
``(2) If the data provided by an eligible institution,
pursuant to this section, is insufficient to justify an award
in excess of $500,000, the otherwise eligible institution
shall receive an allotment of $500,000, except that the
Secretary shall not make an award of $500,000 if the amount
determined based upon the formulas using subsection (b), (c),
and (d) would be less than $250,000. If the amount determined
by the formula would be less than $250,000, the Secretary
shall award the minimum allotment of $250,000.''.
(2) Condition for allotments.--Section 324 (20 U.S.C. 1063)
is further amended by adding at the end the following new
subsection:
``(h) Conditions for Allotments.--No institution shall
receive an allotment under this section unless the
institution provides data, required by the Secretary
consistent with the formula in subsections (a) through (c),
including the number of Pell Grant recipients enrolled in the
previous award year; the number of students who earned an
associate or baccalaureate degree in the previous academic
year; and, when appropriate, the percentage of graduates who,
within the past five years, enrolled in a graduate or first-
professional degree program. No institution shall receive an
allotment, including the minimum allotment under subsection
(d), unless the institution provides the data required of
that institution by the Secretary.''.
(d) Professional or Graduate Institutions.--
(1) Duration of grant.--Section 326(b) (20 U.S.C. 1063b(b))
is amended by adding at the end the following new sentence:
``Any funds awarded for such five-year grant period that are
obligated during such five-year period may be expended during
the 10-year period beginning on the first day of such five-
year period.''.
(2) Authorized activities.--Section 326(c) (20 U.S.C.
1063b(c)) is amended--
(A) by striking ``and'' at the end of paragraph (6);
(B) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(C) by adding at the end the following new paragraphs:
``(8) acquisition of real property in connection with the
construction, renovation, or addition to or improvement of
campus facilities;
``(9) education or financial information designed to
improve the financial literacy and economic literacy of
students or the students' parents, especially with regard to
student indebtedness and student assistance programs under
the title IV; and
``(10) technical assistance or services necessary for the
implementation of projects or activities that are described
in the grant application and that are approved, in advance,
by the Secretary, except that not more than two percent of
the grant amount may be used for this purpose.''.
(3) Eligibility.--Section 326(e)(1) (20 U.S.C. 1063b(e)(1))
is amended--
[[Page 1654]]
(A) by striking ``and'' at the end of subparagraph (Q);
(B) by striking the period at the end of subparagraph (R)
and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(S) Alabama State University qualified graduate programs;
``(T) Bowie State University qualified graduate programs;
``(U) Delaware State University qualified graduate
programs;
``(V) Langston University qualified graduate programs;
``(W) Prairie View A&M University qualified graduate
programs; and
``(X) University of the District of Columbia David A.
Clarke School of Law.''.
(4) Conforming amendment.--Section 326(e)(3) (20 U.S.C.
1063b(e)(3)) is amended--
(A) by striking ``1998'' and inserting ``2008''; and
(B) by striking ``(Q) and (R)'' and inserting ``(S) through
(X)''.
(5) Preservation of funding.--Section 326(f) (20 U.S.C.
1063b(f)) is amended--
(A) in paragraph (1)--
(i) by striking ``$26,600,000'' and inserting
``$54,500,000''; and
(ii) by striking ``(P)'' and inserting ``(R)'';
(B) in paragraph (2)--
(i) by striking ``$26,600,000, but not in excess of
$28,600,000'' and inserting ``$54,500,000, but not in excess
of $60,500,000''; and
(ii) by striking ``subparagraphs (Q) and (R)'' and
inserting ``subparagraphs (S) through (X)''; and
(C) in paragraph (3)--
(i) by striking ``$28,600,000'' and inserting
``$60,500,000''; and
(ii) by striking ``(R)'' and inserting ``(X)''.
(e) Unexpended Funds.--Section 327(b) (20 U.S.C. 1063c(b))
is amended to read as follows:
``(b) Use of Unexpended Funds.--Any funds paid to an
institution and not expended or used for the purposes for
which the funds were paid during the five-year period
following the date of the initial grant award, may be carried
over and expended during the succeeding five-year period, if
such funds were obligated for a purpose for which the funds
were paid during the five-year period following the date of
the initial grant award.''.
SEC. 307. ENDOWMENT CHALLENGE GRANTS.
(a) Amounts.--Section 331(b) (20 U.S.C. 1065(b)) is
amended--
(1) in paragraph (2)(B)(i), by striking ``$500,000'' and
inserting ``$1,000,000''; and
(2) in paragraph (5), by striking ``$50,000'' and inserting
``$100,000''.
(b) Technical Assistance.--Section 331 (20 U.S.C. 1065) is
further amended by adding at the end the following new
subsection:
``(l) Technical Assistance.--The Secretary, directly or by
grant or contract, may provide technical assistance to
eligible institutions to prepare the institutions to qualify,
apply for, and maintain a grant, under this section.''.
SEC. 308. LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED
BY THE DESIGNATED BONDING AUTHORITY.
Section 344(a) (20 U.S.C. 1066c(a)) is amended--
(1) by striking ``$375,000,000'' and inserting
``$1,100,000,000'';
(2) by striking ``$250,000,000'' and inserting
``$733,333,333''; and
(3) by striking ``$125,000,000'' and inserting
``$366,666,666''.
SEC. 309. PROGRAMS IN STEM FIELDS.
(a) YES Partnerships; Entry Into STEM Fields.--Part E of
title III (20 U.S.C.1067 et seq.) is amended--
(1) by redesignating subpart 2 as subpart 3; and
(2) by inserting after subpart 1 the following new subpart:
``Subpart 2--Programs in STEM Fields
``SEC. 355. YES PARTNERSHIPS GRANT PROGRAM.
``(a) Grant Program Authorized.--Subject to the
availability of appropriations to carry out this subpart, the
Secretary shall make grants to eligible partnerships (as
described in subsection (f)) to support underrepresented
minority youth engagement in science, technology,
engineering, and mathematics through outreach and hands-on,
experiential-based learning projects that encourage
underrepresented minority students in kindergarten through
grade 12 to pursue careers in science, technology,
engineering, and mathematics.
``(b) Minimum Grant Amount.--A grant awarded to a
partnership under this subpart shall be for an amount that is
not less than $500,000.
``(c) Duration.--A grant awarded under this subpart shall
be for a period of 5 years.
``(d) Non-Federal Matching Share Required.--A partnership
receiving a grant under this subpart shall provide, from non-
Federal sources, in cash or in kind, an amount equal to 50
percent of the costs of the project supported by such grant.
``(e) Distribution of Grants.--In awarding grants under
this subpart, the Secretary shall ensure that, to the maximum
extent practicable, the projects funded under this subpart
are located in diverse geographic regions of the United
States.
``(f) Eligible Partnerships.--Notwithstanding the general
eligibility provision in section 361, eligibility to receive
grants under this subpart is limited to partnerships
described in paragraph (5) of such section.
``SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS.
``(a) Authority To Contract, Subject to Appropriations.--
The Secretary of Education is authorized to enter into a
contract with a firm with a demonstrated record of success in
advertising to implement a campaign to expand the population
of qualified individuals in science, technology, engineering,
and math (STEM) fields by encouraging young Americans to
enter the those fields.
``(b) Design of Campaign.--Such a campaign shall be
designed to enhance the image of education and professions in
the STEM fields and promote participation in the STEM fields
and shall include--
``(1) monitoring trends in youth attitudes toward pursuing
education and professions in the STEM fields and their
propensity toward entering the STEM fields;
``(2) determining what factors contribute to encouraging
and discouraging Americans from pursuing study in STEM fields
and entering the STEM fields professionally;
``(3) determining what specific factors limit the
participation of groups currently underrepresented in STEM
fields, including Latinos, African-Americans, and women; and
``(4) drawing from the market research performed under this
section and implementing an advertising campaign to encourage
young Americans to take up studies in STEM fields, beginning
at an early age.
``(c) Required Components.--Such a campaign shall include
components that focus tailored messages on appropriate age
groups, starting with elementary school students. Such a
campaign shall link participation in the STEM fields to the
concept of service to one's country, so that young people
will be encouraged to enter the STEM fields in order fulfill
the obligation to be of service to their country.
``(d) Priority.--Such a campaign shall hold as a high
priority making specific appeals to Latinos, African-
Americans, and women, who are currently under-represented in
the STEM fields, in order to increase their numbers in the
STEM fields, and shall tailor recruitment efforts to each
specific group.
``(e) Use of Variety of Media.--Such a campaign shall make
use of a variety of media, with an emphasis on television
advertising, to reach its intended audience.
``(f) Teaching.--Such a campaign shall include a narrowly
focused effort to attract current professionals in the STEM
fields, through advertising in mediums likely to reach that
specific group, into teaching in a STEM field in elementary
and secondary school.
``SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN.
``The Secretary shall develop an evaluation and
accountability plan for projects funded under this subpart to
objectively measure the impact of such projects, including a
measure of whether underrepresented minority student
enrollment in courses related to science, technology,
engineering, and mathematics increases at the secondary and
postsecondary levels.''.
(b) Eligibility for Grants.--Section 361 (20 U.S.C. 1067g)
is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) in paragraph (4)--
(A) by inserting ``to include public institutions of higher
education'' after ``organizations,'';
(B) by striking ``or'' at the end of subparagraph (D);
(C) by striking the period at the end of subparagraph (E)
and inserting ``; or'';
(D) by adding at the end the following new subparagraph:
``(F) institutions of higher education which have State-
approved centers for research in science, technology,
engineering, and mathematics; or'';
(3) by adding at the end the following new paragraph:
``(5) only with respect to grants under subpart 2,
partnerships of organizations, the membership of which shall
include--
``(A) at least one institution of higher education eligible
for assistance under this title or title V;
``(B) at least one high need local educational agency (as
defined in section 200); and
``(C) at least two community organizations or entities,
such as businesses, professional associations, community-
based organizations, philanthropic organizations, or State
agencies.''.
SEC. 310. TECHNICAL ASSISTANCE.
Section 391 (20 U.S.C. 1068) is amended by adding at the
end the following new subsection:
``(e) Technical Assistance.--The Secretary, directly or by
grant or contract, may provide technical assistance to
eligible institutions to prepare the institutions to qualify,
apply for, and maintain a grant, under this title.''.
SEC. 311. WAIVER AUTHORITY.
(a) Section 392 (20 U.S.C. 1068a) is amended by adding at
the end the following new subsection:
``(c) Waiver Authority With Respect to Institutions Located
in an Area Affected by a Gulf Hurricane Disaster.--
``(1) Waiver authority.--Notwithstanding any other
provision of the law unless enacted with specific reference
to this section, for any affected institution that was
receiving assistance under this title at the time of a Gulf
hurricane disaster, the Secretary shall, for each of the
fiscal years 2009 through 2013--
``(A) waive--
``(i) the eligibility data requirements set forth in
section 391(d);
``(ii) the wait-out period set forth in section 313(d);
``(iii) the allotment requirements under section 324; and
``(iv) the use of the funding formula developed pursuant to
section 326(f)(3); and
[[Page 1655]]
``(B) waive or modify any statutory or regulatory provision
to ensure that affected institutions that were receiving
assistance under this title at the time of a Gulf hurricane
disaster are not adversely impacted by any formula
calculation for fiscal year 2009 or for any of the 4
succeeding fiscal years;
``(C) make available to each affected institution an amount
that is not less than the amount made available to such
institution under this title for fiscal year 2006.
``(2) Definitions.--In this subsection:
``(A) Affected institution.--The term `affected
institution' means an institution of higher education that--
``(i) is--
``(I) a part A institution, as such term is defined in
section 312(b);
``(II) an American Indian Tribal College or University, as
such term is defined in section 316(b);
``(III) an Alaskan Native-serving institution or Native
Hawaiian-serving institution, as such terms are defined in
section 317(b); or
``(IV) a part B institution, as such term is defined in
section 322(2), or as identified in section 326(e) of such
Act of 1965 (20 U.S.C. 1063(b));
``(ii) is located in an area affected by a Gulf hurricane
disaster; and
``(iii) is able to demonstrate that, as a result of the
impact of a Gulf hurricane disaster, the institution--
``(I) incurred physical damage;
``(II) has pursued collateral source compensation from
insurance, the Federal Emergency Management Agency, and the
Small Business Administration, as appropriate; and
``(III) was not able to fully reopen in existing facilities
or to fully reopen to the pre-hurricane enrollment levels
during the 30-day period beginning on August 29, 2005.
``(B) Area affected by a gulf hurricane disaster; gulf
hurricane disaster.--The terms `area affected by a Gulf
hurricane disaster' and `Gulf hurricane disaster' have the
meanings given such terms in section 209 of the Higher
Education Hurricane Relief Act of 2005 (Public Law 109-148,
119 Stat. 2809).''.
SEC. 312. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorizations.--Section 399(a) (20 U.S.C. 1068h(a)) is
amended to read as follows:
``(a) Authorizations.--
``(1) Part a.--(A) There are authorized to be appropriated
to carry out part A, $150,000,000 (other than sections 316
through 320) for fiscal year 2009, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 316, $30,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(C) There are authorized to be appropriated to carry out
section 317, $15,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(D) There are authorized to be appropriated to carry out
section 318, $75,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(E) There are authorized to be appropriated to carry out
section 319, $30,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(F) There are authorized to be appropriated to carry out
section 320, $25,000,000 for fiscal year 2009 and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(2) Part b.--(A) There are authorized to be appropriated
to carry out part B (other than section 326), $300,000,000
for fiscal year 2009, and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 326, $100,000,000 for fiscal year 2009, and such sums
as may be necessary for each of the 4 succeeding fiscal
years.
``(3) Part c.--There are authorized to be appropriated to
carry out part C, $20,000,000 for fiscal year 2009, and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
``(4) Part d.--(A) There are authorized to be appropriated
to carry out part D (other than section 345(7), but including
section 347), $150,000 for fiscal year 2009, and such sums as
may be necessary for each of the 4 succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
section 345(7), such sums as may be necessary for fiscal year
2009 and each of the 4 succeeding fiscal years.
``(5) Part e.--(A) There are authorized to be appropriated
to carry out subpart 1 of part E, $12,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(B) There are authorized to be appropriated to carry out
subpart 2 of part E, $10,000,000 for fiscal year 2009 and
such sums as may be necessary for each of the 4 succeeding
fiscal years.''.
(b) Minimum Grant Amount.--Section 399 (20 U.S.C. 1068h) is
amended by adding at the end the following:
``(c) Minimum Grant Amount.--The minimum amount of a grant
under this title shall be $200,000.''.
SEC. 313. TECHNICAL CORRECTIONS.
(a) Amendments.--Title III (20 U.S.C. 1051 et seq.) is
further amended--
(1) in section 342(5)(C) (20 U.S.C. 1066a(5)(C)), by
striking ``,,'' and inserting ``,'';
(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting
``Sale of Qualified Bonds.--'' before ``Notwithstanding'';
(3) in the matter preceding clause (i) of section 365(9)(A)
(20 U.S.C. 1067k(9)(A)), by striking ``support'' and
inserting ``supports'';
(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by
striking ``subparagraph (E)'' and inserting ``subparagraph
(D)'';
(5) in the matter preceding subparagraph (A) of section
392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ``eligible
institutions under part A institutions'' and inserting
``eligible institutions under part A''; and
(6) in the matter preceding paragraph (1) of section 396
(20 U.S.C. 1068e), by striking ``360'' and inserting ``399''.
(b) Redesignation and Relocation.--The Higher Education Act
of 1965 is further amended--
(1) by redesignating part J of title IV (as added by
section 802 of the College Cost Reduction and Access Act) as
part G of title III, and moving such part from the end of
title IV to the end of title III; and
(2) by redesignating section 499A (as added by such
section) as section 399A.
TITLE IV--TITLE IV AMENDMENTS
PART A--PART A AMENDMENTS
SEC. 401. FEDERAL PELL GRANTS.
(a) Authorized Maximums.--Section 401(b)(2)(A) (20 U.S.C.
1070a(b)(2)(A)) is amended to read as follows:
``(2)(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be $9,000 for each of the
academic years 2009-2010 through 2013-2014, less an amount
equal to the amount determined to be the expected family
contribution with respect to that student for that year.''.
(b) Multiple Grants.--
(1) Amendment.--Paragraph (5) of section 401(b) is amended
to read as follows:
``(5) Year-round pell grants.--The Secretary shall, for
students enrolled in a baccalaureate degree, associate's
degree, or certificate program of study at an eligible
institution, award such students not more than two Pell
grants during an award year to permit such students to
accelerate progress toward their degree or certificate
objectives by enrolling in courses for more than 2 semesters,
or 3 quarters, or the equivalent, in a given academic
year.''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective July 1, 2009.
(c) Ineligibility Based on Involuntary Civil Commitment for
Sexual Offenses.--Paragraph (7) of section 401(b) (as
redesignated by section 101(a) of the College Cost Reduction
and Access Act) is amended by inserting before the period the
following: ``or who is subject to an involuntary civil
commitment upon completion of a period of incarceration for a
forcible or nonforcible sexual offense (as determined in
accordance with the Federal Bureau of Investigation's Uniform
Crime Reporting Program)''.
(d) Technical Amendment to CCRAA.--Section 401(b)(9)(F) is
amended by striking ``remain available'' and all that follows
and inserting ``remain available for the fiscal year
succeeding the fiscal year for which such amounts are made
available.''.
(e) Maximum Duration of Eligibility.--Section 401(c) is
amended by adding at the end the following new paragraph:
``(5) The period during which a student may receive Federal
Pell Grants shall not exceed the equivalent of 18 semesters
or 27 quarters in duration, as determined by the Secretary by
regulation. Such regulations shall provide, with respect to a
student who received a Federal Pell Grant for a semester or
quarter but was enrolled at a fraction of full-time, that
only that same fraction of such semester or quarter shall
count towards such duration limits. The provisions of this
paragraph shall apply only to a student who receives a
Federal Pell Grant for the first time on or after July 1,
2008.''.
(f) Academic Competitiveness Grants.--Section 401A (as
amended by section 8003 of Public Law 109-171)--
(1) in subsection (b), by striking ``academic'' each place
it appears;
(2) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``academic'' and inserting ``award''; and
(ii) by striking ``full-time''; and
(B) by amending paragraph (1) to read as follows:
``(1) is an eligible student under section 484, including
being enrolled or accepted for enrollment in a degree,
certificate, or other eligible program leading to a
recognized educational credential at an institution of higher
education;''; and
(C) in paragraph (3)--
(i) by striking ``academic'' each place it appears;
(ii) by striking ``established by a State or local
educational agency and recognized as such by the Secretary''
each place it appears in subparagraphs (A)(i) and (B)(i) and
inserting ``that prepares students for college and work
beyond the basic graduation requirements and that is
recognized as such by the designated State official, or with
respect to any private school or home school, the designated
school official for such school, consistent with State law'';
(iii) in subparagraph (A)(ii), by inserting ``, except as
part of a secondary school program of study'' before the
semicolon;
(iv) in subparagraph (C)--
(I) by striking clause (i)(II) and inserting the following:
``(II) a critical foreign language; and''; and
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(v) by adding at the end the following:
``(D) the third or fourth year of a program of
undergraduate education at an institution of
[[Page 1656]]
higher education (as defined in section 101(a)) that
demonstrates, to the satisfaction of the Secretary, that the
institution--
``(i) offers a single liberal arts curriculum leading to a
baccalaureate degree, under which students are not permitted
by the institution to declare a major in a particular subject
area, and those students--
``(I) study, in such years, a subject described in
subparagraph (C)(i) that is at least equal to the
requirements for an academic major at an institution of
higher education that offers a baccalaureate degree in such
subject, as certified by an appropriate official from the
institution; or
``(II) has obtained a cumulative grade point average of at
least 3.0 (or the equivalent as determined under regulations
prescribed by the Secretary) in the relevant coursework; and
``(ii) offered such curriculum prior to February 8,
2006.'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by inserting ``for one academic year
during the student's first year of enrollment'' after
``$750'';
(ii) in clause (ii), by inserting ``for one academic year
during the student's second year of enrollment'' after
``$1,300''; and
(iii) in clause (iii)--
(I) by inserting ``for one academic year'' after
``$4,000''; and
(II) by striking ``subsection (c)(3)(C).'' and inserting
``subparagraph (C) or (D) of subsection (c)(3), for each of
the 2 years described in such subparagraphs; or'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``an academic'' and inserting ``a''; and
(II) by striking ``(B), or (C)'' and inserting ``(B), (C),
or (D)''; and
(ii) in subparagraph (B)--
(I) by striking ``or'' at the end of clause (ii); and
(II) by striking clause (iii) and inserting the following:
``(iii) two academic years under subsection (c)(3)(C); or
``(iv) two academic years under subsection (c)(3)(D).'';
and
(C) by adding at the end the following new paragraph:
``(3) Adjustment for less than full-time enrollment.--A
grant awarded under this section to an eligible student who
attends an eligible institution on a less than full-time (but
at least half-time or more) basis shall be reduced in the
same proportion as would a Federal Pell Grant pursuant to
section 401(b)(2)(B).''; and
(4) in subsection (g), by striking ``academic'' and
inserting ``award''.
SEC. 402. FEDERAL TRIO PROGRAMS.
(a) Program Authority; Authorization of Appropriations.--
Section 402A (20 U.S.C. 1070a-11) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``community-based organizations with
experience in serving disadvantaged youth'' after ``private
agencies and organizations''; and
(ii) by striking ``in exceptional circumstances,'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``4'' and inserting ``5'';
(ii) by striking subparagraph (A); and
(iii) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively; and
(C) by striking paragraph (3) and inserting the following:
``(3) Minimum grants.--Unless the institution or agency
requests a smaller amount, an individual grant authorized
under this chapter shall be awarded in an amount that is not
less than $200,000, except that an individual grant
authorized under section 402G shall be awarded in an amount
that is not less than $170,000.'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``service delivery'' and
inserting ``high quality service delivery, as determined
under subsection (f),'';
(B) in paragraph (3)(B), by striking ``is not required to''
and inserting ``shall not'';
(C) in paragraph (5), by striking ``campuses'' and
inserting ``different campuses''; and
(D) in paragraph (6), by adding at the end the following
new sentence: ``The Secretary shall require each applicant
for funds under the programs authorized by this chapter to
identify services to foster care youth as a permissible
service in those programs, and to ensure that such youth
receive supportive services, including mentoring, tutoring,
and other services provided by those programs.'';
(3) in subsection (e)--
(A) by striking ``(g)(2)'' each place it appears and
inserting ``(h)(4)''; and
(B) by adding at the end the following new paragraph:
``(3) Notwithstanding this subsection and subsection
(i)(4), individuals who are homeless or unaccompanied youth
as defined in section 725 of the McKinney-Vento Homeless
Assistance Act shall be eligible to participate in programs
under sections 402B, 402C, 402D, and 402F of this chapter.'';
(4) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(5) by inserting after subsection (e) the following:
``(f) Outcome Criteria.--
``(1) Use for prior experience determination.--The
Secretary shall use the outcome criteria described in
paragraphs (2) and (3) to evaluate the programs provided by a
recipient of a grant under this chapter, and the Secretary
shall determine an eligible entity's prior experience of high
quality service delivery, as required under subsection
(c)(2), based on the outcome criteria.
``(2) Disaggregation of relevant data.--The outcome
criteria under this subsection shall be disaggregated by low-
income students, first generation college students, and
individuals with disabilities, in the schools and
institutions of higher education served by the program to be
evaluated.
``(3) Contents of outcome criteria.--The outcome criteria
under this subsection shall measure, annually and for longer
periods, the quality and effectiveness of programs authorized
under this chapter and shall include the following:
``(A) For programs authorized under section 402B, the
extent to which the eligible entity met or exceeded the
entity's objectives established in the entity's application
for such program regarding--
``(i) the delivery of service to a total number of students
served by the program;
``(ii) the continued secondary school enrollment of such
students;
``(iii) the graduation of such students from secondary
school;
``(iv) the completion by such students of a rigorous
secondary school program of study that will make them
eligible for programs such as the Academic Competitiveness
Grants; and
``(v) the enrollment of such students in an institution of
higher education.
``(B) For programs authorized under section 402C, the
extent to which the eligible entity met or exceeded the
entity's objectives for such program regarding--
``(i) the delivery of service to a total number of students
served by the program, as agreed upon by the entity and the
Secretary for the period;
``(ii) such students' school performance, as measured by
the grade point average, or its equivalent;
``(iii) such students' academic performance, as measured by
standardized tests, including tests required by the students'
State;
``(iv) the retention in, and graduation from, secondary
school of such students;
``(v) the completion by such students of a rigorous
secondary school program of study that will make them
eligible for programs such as the Academic Competitiveness
Grants; and
``(vi) the enrollment of such students in an institution of
higher education.
``(C) For programs authorized under section 402D--
``(i) the extent to which the eligible entity met or
exceeded the entity's objectives regarding the retention in
postsecondary education of the students served by the
program;
``(ii)(I) in the case of an entity that is an institution
of higher education offering a baccalaureate degree, the
extent to which the percentage of students served by the
program who completed degree programs met or exceeded the
entity's objectives; or
``(II) in the case of an entity that is an institution of
higher education that does not offer a baccalaureate degree,
the extent to which the students served by the entity met or
exceeded s objectives regarding--
``(aa) the completion of a degree or certificate; and
``(bb) the transfer to institutions of higher education
that offer baccalaureate degrees;
``(iii) the extent to which the entity met or exceeded the
entity's objectives regarding the delivery of service to a
total number of students, as agreed upon by the entity and
the Secretary for the period; and
``(iv) the extent to which the entity met or exceeded the
entity's objectives regarding such students remaining in good
academic standing.
``(D) For programs authorized under section 402E, the
extent to which the entity met or exceeded the entity's
objectives for such program regarding--
``(i) the delivery of service to a total number of
students, as agreed upon by the entity and the Secretary for
the period;
``(ii) the provision of appropriate scholarly and research
activities for the students served by the program;
``(iii) the acceptance and enrollment of such students in
graduate programs; and
``(iv) the continued enrollment of such students in
graduate study and the attainment of doctoral degrees by
former program participants.
``(E) For programs authorized under section 402F, the
extent to which the entity met or exceeded the entity's
objectives for such program regarding--
``(i) the enrollment of students without a secondary school
diploma or its recognized equivalent, who were served by the
program, in programs leading to such diploma or equivalent;
``(ii) the enrollment of secondary school graduates who
were served by the program in programs of postsecondary
education;
``(iii) the delivery of service to a total number of
students, as agreed upon by the entity and the Secretary for
the period; and
``(iv) the provision of assistance to students served by
the program in completing financial aid applications and
college admission applications.
``(4) Measurement of progress.--In order to determine the
extent to which an outcome criterion described in paragraph
(2) or (3) is met or exceeded, the Secretary shall compare
the agreed upon target for the criterion, as established in
the eligible entity's application approved for funding by the
Secretary, with the
[[Page 1657]]
results for the criterion, measured as of the last day of the
applicable time period for the determination for each outcome
criteria.
``(5) Appeals.--Upon determination by the Secretary not to
accept an application, or upon determination by the Secretary
through the peer review process as specified in (c)(4) not to
fund an application, for any program under this chapter, the
Secretary shall allow such applicant to appeal to an
administrative law judge that the Secretary improperly
rejected or improperly scored the evaluation criteria points.
The Secretary shall notify each entity requesting assistance
under this chapter regarding the status of their application
at least 90 days prior to the startup date of such
program.'';
(6) in subsection (g) (as redesignated by paragraph (4))--
(A) in the first sentence, by striking ``$700,000,000 for
fiscal year 1999'' and all that follows through the period
and inserting ``$950,000,000 for fiscal year 2009 and such
sums for each of the 4 succeeding fiscal years.''; and
(B) by striking the fourth sentence; and
(7) in subsection (h) (as redesignated by paragraph (4))--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (3) through (6), respectively;
(B) by inserting before paragraph (3) (as redesignated by
subparagraph (A)) the following:
``(1) Different campus.--The term `different campus' means
a site of an institution of higher education that--
``(A) is geographically apart from the main campus of the
institution;
``(B) is permanent in nature; and
``(C) offers courses in educational programs leading to a
degree, certificate, or other recognized educational
credential.
``(2) Different population.--The term `different
population' means a group of individuals that an eligible
entity desires to serve through an application for a grant
under this chapter, and that--
``(A) is separate and distinct from any other population
that the entity has applied for a grant under this chapter to
serve; or
``(B) while sharing some of the same needs as another
population that the eligible entity has applied for a grant
under this chapter to serve, has distinct needs for
specialized services.'';
(C) in paragraph (5) (as redesignated by subparagraph
(A))--
(i) in subparagraph (A)--
(I) by striking ``, any part of which occurred after
January 31, 1955,''; and
(II) by striking ``or'' after the semicolon;
(ii) in subparagraph (B)--
(I) by striking ``after January 31, 1955,''; and
(II) by striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(C) was a member of a reserve component of the Armed
forces called to active duty for a period of more than 180
days; or
``(D) was a member of a reserve component of the Armed
Forces who served on active duty in support of a contingency
operation (as that term is defined in section 101(a)(13) of
title 10, United States Code) on or after September 11,
2001.''; and
(D) in paragraph (6), by striking ``subparagraph (A) or (B)
of paragraph (3)'' and inserting ``subparagraph (A), (B), or
(C) of paragraph (5)''.
(b) Upward Bound.--Section 402C (20 U.S.C. 1070a-13) is
amended--
(1) in subsection (b)(11), by inserting ``, including
mathematics and science preparation,'' after ``special
services''; and
(2) by adding at the end the following:
``(f) Absolute Priority Prohibited in Upward Bound
Program.--Except as otherwise expressly provided by amendment
to this section, the Secretary shall not implement or
enforce, and shall rescind, the absolute priority for Upward
Bound Program participant selection and evaluation published
by the Department of Education in the Federal Register on
September 22, 2006 (71 Fed. Reg. 55447 et seq.).''.
(c) Amendment to Postbaccalaureate Achievement Program.--
Section 402E(c)(2) (20 U.S.C. 1070a-15(c)(2)) is amended by
inserting ``, including Native Hawaiians, as defined section
317(b)(3), and Pacific Islanders'' after ``graduate
education''.
(d) Reports, Evaluations, and Grants for Project
Improvement and Dissemination.--Section 402H (20 U.S.C.
1070a-18) is amended--
(1) by striking the section heading and inserting
``REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT
AND DISSEMINATION.'';
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Reports to the Authorizing Committees.--The Secretary
shall submit annually to the authorizing committees a report
that documents the performance of all programs funded under
this chapter. The report shall--
``(1) be submitted not later than 24 months after the
eligible entities receiving funds under this chapter are
required to report their performance to the Secretary;
``(2) focus on the programs' performance on the relevant
outcome criteria determined under section 402A(f)(4);
``(3) aggregate individual project performance data on the
outcome criteria in order to provide national performance
data for each program;
``(4) include, when appropriate, descriptive data, multi-
year data, and multi-cohort data; and
``(5) include comparable data on the performance nationally
of low-income students, first-generation students, and
students with disabilities.''; and
(4) in subsection (b) (as redesignated by paragraph (2)),
by striking paragraph (2) and inserting the following:
``(2) Practices.--
``(A) In general.--The evaluations described in paragraph
(1) shall identify institutional, community, and program or
project practices that are particularly effective in--
``(i) enhancing the access of low-income individuals and
first-generation college students to postsecondary education;
``(ii) the preparation of the individuals and students for
postsecondary education; and
``(iii) fostering the success of the individuals and
students in postsecondary education.
``(B) Primary purpose.--Any evaluation conducted under this
chapter shall have as its primary purpose the identification
of particular practices that further the achievement of the
outcome criteria determined under section 402A(f)(4).
``(C) Dissemination and use of evaluation findings.--The
Secretary shall disseminate to eligible entities and make
available to the public the practices identified under
subparagraph (B). Such practices may be used by eligible
entities that receive assistance under this chapter after the
dissemination.
``(3) Recruitment.--The Secretary shall not require an
eligible entity desiring to receive assistance under this
chapter to recruit students to serve as a control group for
purposes of evaluating any program or project assisted under
this chapter.
``(4) Consideration.--When designing an evaluation under
this subsection, the Secretary shall consider--
``(A) the burden placed upon the program participants or
the eligible entity; and
``(B) approval by the institution's institutional review
board.''.
SEC. 403. GEARUP AMENDMENTS.
(a) Eligible Students.--Section 404A(a) (20 U.S.C. 1070a-
21(a)) is amended--
(1) in paragraph (1), by inserting ``, including students
with disabilities,'' after ``low-income students''; and
(2) in paragraph (2)(A), by inserting ``, including
students with disabilities,'' after ``secondary school
students''.
(b) Award Period; Priority.--Section 404A(b) (20 U.S.C.
1070a-21(b)) is amended by striking paragraph (2) and
inserting the following:
``(2) Award period.--The Secretary may award a grant under
this chapter to an eligible entity described in paragraphs
(1) and (2) of subsection (c) for 7 years.
``(3) Priority.--In making awards to eligible entities
described in subsection (c)(1), the Secretary shall--
``(A) give priority to eligible entities that--
``(i) on the day before the date of enactment of the
College Opportunity and Affordability Act of 2007, carried
out successful educational opportunity programs under this
chapter (as this chapter was in effect on such day); and
``(ii) have a prior, demonstrated commitment to early
intervention leading to college access through collaboration
and replication of successful strategies; and
``(B) ensure that students served under this chapter on the
day before the date of enactment of the College Opportunity
and Affordability Act of 2007 continue to receive assistance
through the completion of secondary school.''.
(c) Requirements: Continuity of Services.--
(1) Cohort approach.--Section 404B(g)(1) (20 U.S.C. 1070a-
22(g)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph (A);
(B) in subparagraph (B)--
(i) by inserting ``and provide the option of continued
services through the student's first year of attendance at an
institution of higher education'' after ``grade level''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new subparagraph:
``(C) provide services under this chapter to students who
have received services under a previous GEAR UP grant award
but have not yet completed the 12th grade.''.
(2) Early intervention.--Section 404D (20 U.S.C. 1070a-24)
is amended--
(A) in subsection (a)(1)(B)--
(i) by striking ``and'' at the end of clause (ii);
(ii) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(iv) the transition to college or postsecondary education
through continuity of services to support students in and
through the first year of attendance at an institution of
higher education.'';
(B) in subsection (b)(2)(A)--
(i) by inserting ``and students in the first year of
attendance at an institution of higher education'' after
``grade 12'';
(ii) by striking ``and'' at the end of clause (i);
(iii) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(iv) by adding at the end the following new clause:
``(iii) may include special programs or tutoring in
science, technology, engineering, or mathematics.''; and
(C) in subsection (c)--
(i) in the matter preceding paragraph (1), by striking
``grade 12 who is eligible'' and inserting
[[Page 1658]]
``grade 12, and may consider a student in the first year of
attendance at an institution, who is'';
(ii) in paragraph (1), by inserting ``eligible'' before
``to be counted'';
(iii) in paragraph (2), by inserting ``eligible'' before
``for free'', and by striking ``or'';
(iv) in paragraph (3), by inserting ``eligible'' before
``for assistance'', and by striking the period and inserting
a semicolon; and
(v) by adding at the end the following new paragraphs:
``(4) in foster care; or
``(5) a homeless or unaccompanied youth as defined in
section 725 of the McKinney-Vento Homeless Assistance Act.''.
(d) Flexibility in Meeting Matching Requirements.--Section
404C (20 U.S.C. 1070a-23) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``and accrued over
the full duration of the grant award period'' after ``in cash
or in kind'';
(B) in paragraph (2), by adding at the end the following
new sentence: ``Eligible entities may request a reduced match
percentage at the time of application or by petition
subsequent to a grant award, provided that an eligible entity
can demonstrate a change in circumstances that was unknown at
the time of application.''; and
(C) by adding at the end the following new paragraph:
``(3) Additional special rule.--To encourage eligible
entities described in 404A(c) to provide students under this
chapter with financial assistance for postsecondary
education, each dollar of non-Federal funds obligated under
subsection (c)(1) and (c)(2) shall, for purposes of paragraph
(1)(A) of this subsection, be treated as 2 dollars.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paid to students from
State, local, institutional, or private funds under this
chapter'' and inserting ``obligated to students from State,
local, institutional, or private funds under this chapter,
including pre-existing , non-Federal financial assistance
programs'';
(B) by striking ``and'' at the end of paragraph (2);
(C) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(D) by adding at the end the following new paragraph:
``(4) other resources recognized by the Secretary,
including equipment and supplies, cash contribution from non-
Federal sources, transportation expenses, in-kind or
discounted program services, indirect costs, and facility
usage.''.
(e) Early Intervention.--Section 404D (20 U.S.C. 1070a-24)
is amended--
(1) in subsection (b)(2)(A)(ii), by striking ``and academic
counseling'' and inserting ``, academic counseling, and
financial literacy and economic literacy education or
counseling'';
(2) in subsection (b)(2), by adding at the end the
following new subparagraphs:
``(F) Fostering and improving parent and family involvement
in elementary and secondary education by promoting the
advantages of a college education, and emphasizing academic
admission requirements and the need to take college
preparation courses, through parent engagement and leadership
activities.
``(G) Engaging entities described in section 404A(c)(2)(C)
in a collaborative manner to provide matching resources and
participate in other activities authorized under this
section.
``(H) Disseminating information that promotes the
importance of higher education, explains college preparation
and admission requirements, and raises awareness of the
resources and services provided by the eligible entities
described in section 404A(c) to eligible students, their
families, and communities.''; and
(3) by adding at the end of subsection (b) the following
new paragraph:
``(3) Additional permissible activities for states.--In
meeting the requirements of subsection (a), an eligible
entity described in section 404A(c) (1) receiving funds under
this chapter may, in addition to the activities authorized by
paragraph (2) of this subsection, use funds to provide
technical assistance to--
``(A) middle schools or secondary schools that are located
within the State; or
``(B) partnerships described in section 404A(c)(2) that are
located within the State.''.
(f) Scholarship Component.--Section 404E (20 U.S.C. 1070a-
25) is amended--
(1) in subsection (a)(1), by inserting ``to supplement aid
for which they are regularly eligible'' after ``shall
establish or maintain a financial assistance program that
awards scholarships to students'';
(2) in subsection (a)(2), by inserting ``to supplement aid
for which they are regularly eligible'' after ``An eligible
entity described in section 404A(c)(2) may award scholarships
to eligible students''; and
(3) in subsection (b)(2), by striking ``the maximum Federal
Pell Grant'' and inserting ``the minimum Federal Pell
Grant''.
(g) Authorization of Appropriations.--Section 404H (20
U.S.C. 1070a-31) is amended by striking ``$200,000,000 for
fiscal year 1999 and such sums as may be necessary for each
of the 4 succeeding fiscal years'' and inserting
``$400,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years''.
SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS.
Chapter 3 of subpart 1 of part A of title IV (20 U.S.C.
1070a-31 et seq.) is repealed.
SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY
GRANTS.
(a) Authorization of Appropriations.--Section 413A(b)(1)
(20 U.S.C. 1070b(b)(1)) is amended by striking ``$675,000,000
for fiscal year 1999'' and inserting ``$875,000,000 for
fiscal year 2009''.
(b) Allowance for Books and Supplies.--Section
413D(c)(3)(D) (20 U.S.C. 1070b-3(c)(3)(D)) is amended by
striking ``$450'' and inserting ``$600''.
SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE.
(a) Authorization of Appropriations.--Section 415A(b) (20
U.S.C. 1070c(b)) is amended by striking paragraphs (1) and
(2) and inserting the following:
``(1) In general.--There are authorized to be appropriated
to carry out this subpart $200,000,000 for fiscal year 2009
and such sums as may be necessary for each of the 4
succeeding fiscal years.
``(2) Reservation.--For any fiscal year for which the
amount appropriated under paragraph (1) exceeds $30,000,000,
the excess amount shall be available to carry out section
415E.''.
(b) Applications for Leveraging Educational Assistance
Partnership Programs.--Section 415C(b) (20 U.S.C. 1070c-2(b))
is amended--
(1) in paragraph (2), by striking ``$5,000'' and inserting
``$12,500'';
(2) in paragraph (9), by striking ``and'' after the
semicolon;
(3) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(11) provides notification to eligible students that such
grants are--
``(A) Leveraging Educational Assistance Partnership Grants;
and
``(B) funded by the Federal Government and the State.''.
(c) Grants for Access and Persistence.--Section 415E (20
U.S.C. 1070c-3a) is amended to read as follows:
``SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE.
``(a) Purpose.--It is the purpose of this section to expand
college access and increase college persistence by making
allotments to States to enable the States to--
``(1) expand and enhance partnerships with institutions of
higher education, early information and intervention,
mentoring, or outreach programs, private corporations,
philanthropic organizations, and other interested parties to
carry out activities under this section and to provide
coordination and cohesion among Federal, State, and local
governmental and private efforts that provide financial
assistance to help low-income students attend college;
``(2) provide need-based access and persistence grants to
eligible low-income students;
``(3) provide early notification to low-income students of
their eligibility for financial aid; and
``(4) encourage increased participation in early
information and intervention, mentoring, or outreach
programs.
``(b) Allotments to States.--
``(1) In general.--
``(A) Authorization.--From sums reserved under section
415A(b)(2) for each fiscal year, the Secretary shall make an
allotment to each State that submits an application for an
allotment in accordance with subsection (c) to enable the
State to pay the Federal share of the cost of carrying out
the activities under subsection (d).
``(B) Determination of allotment.--In making allotments
under subparagraph (A), the Secretary shall consider the
following:
``(i) Continuation of award.--If a State continues to meet
the specifications established in its application under
subsection (c), the Secretary shall make an allotment to such
State that is not less than the allotment made to such State
for the previous fiscal year.
``(ii) Priority.--The Secretary shall give priority in
making allotments to States that meet the requirements under
paragraph (2)(B)(ii).
``(2) Federal share.--
``(A) In general.--The Federal share of the cost of
carrying out the activities under subsection (d) for any
fiscal year shall not exceed 66.66 percent.
``(B) Different percentages.--The Federal share under this
section shall be determined in accordance with the following:
``(i) The Federal share of the cost of carrying out the
activities under subsection (d) shall be equal to 57 percent
if a State applies for an allotment under this section in
partnership with any number of degree-granting institutions
of higher education in the State whose combined full-time
enrollment represents less than a majority of all students
attending institutions of higher education in the State,
and--
``(I) philanthropic organizations that are located in, or
that provide funding in, the State; or
``(II) private corporations that are located in, or that do
business in, the State.
``(ii) The Federal share of the cost of carrying out the
activities under subsection (d) shall be equal to 66.66
percent if a State applies for an allotment under this
section in partnership with any number of degree-granting
institutions of higher education in the State whose combined
full-time enrollment represents a majority of all students
attending institutions of higher education in the State,
and--
``(I) philanthropic organizations that are located in, or
that provide funding in, the State; or
``(II) private corporations that are located in, or that do
business in, the State.
[[Page 1659]]
``(C) Non-federal share.--
``(i) In general.--The non-Federal share under this section
may be provided in cash or in kind, fairly evaluated.
``(ii) In kind contribution.--For the purpose of
calculating the non-Federal share under this subparagraph, an
in kind contribution is a non-cash contribution that--
``(I) has monetary value, such as the provision of--
``(aa) room and board; or
``(bb) transportation passes; and
``(II) helps a student meet the cost of attendance at an
institution of higher education.
``(iii) Effect on needs analysis.--For the purpose of
calculating a student's need in accordance with part F, an in
kind contribution described in clause (ii) shall not be
considered an asset or income of the student or the student's
parent.
``(c) Application for Allotment.--
``(1) In general.--
``(A) Submission.--A State that desires to receive an
allotment under this section shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
``(B) Content.--An application submitted under subparagraph
(A) shall include the following:
``(i) A description of the State's plan for using the
allotted funds.
``(ii) Assurances that the State will provide matching
funds, in cash or in kind, from State, institutional,
philanthropic, or private funds, of not less than 33.33
percent of the cost of carrying out the activities under
subsection (d). The State shall specify the methods by which
matching funds will be paid and include provisions designed
to ensure that funds provided under this section will be used
to supplement, and not supplant, Federal and non-Federal
funds available for carrying out the activities under this
title. A State that uses non-Federal funds to create or
expand existing partnerships with nonprofit organizations or
community-based organizations in which such organizations
match State funds for student scholarships, may apply such
matching funds from such organizations toward fulfilling the
State's matching obligation under this clause.
``(iii) Assurances that early information and intervention,
mentoring, or outreach programs exist within the State or
that there is a plan to make such programs widely available.
``(iv) A description of the organizational structure that
the State has in place to administer the activities under
subsection (d).
``(v) A description of the steps the State will take to
ensure students who receive grants under this section persist
to degree completion.
``(vi) Assurances that the State has a method in place,
such as acceptance of the automatic zero expected family
contribution determination described in section 479(c), to
identify eligible low-income students and award State grant
aid to such students.
``(vii) Assurances that the State will provide notification
to eligible low-income students that grants under this
section are--
``(I) Leveraging Educational Assistance Partnership Grants;
and
``(II) funded by the Federal Government and the State.
``(2) State agency.--The State agency that submits an
application for a State under section 415C(a) shall be the
same State agency that submits an application under paragraph
(1) for such State.
``(3) Partnership.--In applying for an allotment under this
section, the State agency shall apply for the allotment in
partnership with--
``(A) not less than one public and one private degree-
granting institution of higher education that are located in
the State;
``(B) new or existing early information and intervention,
mentoring, or outreach programs located in the State; and
``(C) not less than one--
``(i) philanthropic organization located in, or that
provides funding in, the State; or
``(ii) private corporation located in, or that does
business in, the State.
``(4) Roles of partners.--
``(A) State agency.--A State agency that is in a
partnership receiving an allotment under this section--
``(i) shall--
``(I) serve as the primary administrative unit for the
partnership;
``(II) provide or coordinate matching funds, and coordinate
activities among partners;
``(III) encourage each institution of higher education in
the State to participate in the partnership;
``(IV) make determinations and early notifications of
assistance as described under subsection (d)(2); and
``(V) annually report to the Secretary on the partnership's
progress in meeting the purpose of this section; and
``(ii) may provide early information and intervention,
mentoring, or outreach programs.
``(B) Degree-granting institutions of higher education.--A
degree-granting institution of higher education (as defined
in section 102) that is in a partnership receiving an
allotment under this section--
``(i) shall--
``(I) recruit and admit participating qualified students
and provide such additional institutional grant aid to
participating students as agreed to with the State agency;
``(II) provide support services to students who receive an
access and persistence grant under this section and are
enrolled at such institution; and
``(III) assist the State in the identification of eligible
students and the dissemination of early notifications of
assistance as agreed to with the State agency; and
``(ii) may provide funding for early information and
intervention, mentoring, or outreach programs or provide such
services directly.
``(C) Programs.--An early information and intervention,
mentoring, or outreach program that is in a partnership
receiving an allotment under this section shall provide
direct services, support, and information to participating
students.
``(D) Philanthropic organization or private corporation.--A
philanthropic organization or private corporation that is in
a partnership receiving an allotment under this section shall
provide funds for access and persistence grants for
participating students, or provide funds or support for early
information and intervention, mentoring, or outreach
programs.
``(d) Authorized Activities.--
``(1) In general.--
``(A) Establishment of partnership.--Each State receiving
an allotment under this section shall use the funds to
establish a partnership to award access and persistence
grants to eligible low-income students in order to increase
the amount of financial assistance such students receive
under this subpart for undergraduate education expenses.
``(B) Amount.--
``(i) Partnerships with institutions serving less than a
majority of students in the state.--
``(I) In general.--In the case where a State receiving an
allotment under this section is in a partnership described in
subsection (b)(2)(B)(i), the amount of an access and
persistence grant awarded by such State shall be not less
than the amount that is equal to the average undergraduate
tuition and mandatory fees at 4-year public institutions of
higher education in the State where the student resides (less
any other Federal or State sponsored grant amount, college
work study amount, and scholarship amount received by the
student) and such amount shall be used toward the cost of
attendance at an institution of higher education, located in
the State, that is a partner in the partnership.
``(II) Cost of attendance.--A State that has a program,
apart from the partnership under this section, of providing
eligible low-income students with grants that are equal to
the average undergraduate tuition and mandatory fees at 4-
year public institutions of higher education in the State,
may increase the amount of access and persistence grants
awarded by such State up to an amount that is equal to the
average cost of attendance at 4-year public institutions of
higher education in the State (less any other Federal or
State sponsored grant amount, college work study amount, and
scholarship amount received by the student).
``(ii) Partnership with institutions serving the majority
of students in the state.--In the case where a State
receiving an allotment under this section is in a partnership
described in subsection (b)(2)(B)(ii), the amount of an
access and persistence grant awarded by such State shall be
not less than the average cost of attendance at 4-year public
institutions of higher education in the State where the
student resides (less any other Federal or State sponsored
grant amount, college work study amount, and scholarship
amount received by the student) and such amount shall be used
by the student to attend an institution of higher education,
located in the State, that is a partner in the partnership.
``(2) Early notification.--
``(A) In general.--Each State receiving an allotment under
this section shall annually notify low-income students (such
as students who are eligible to receive a free lunch under
the school lunch program established under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.))
in grade 7 through grade 12 in the State, and their families,
of their potential eligibility for student financial
assistance, including an access and persistence grant, to
attend an institution of higher education.
``(B) Content of notice.--The notification under
subparagraph (A)--
``(i) shall include--
``(I) information about early information and intervention,
mentoring, or outreach programs available to the student;
``(II) information that a student's candidacy for an access
and persistence grant is enhanced through participation in an
early information and intervention, mentoring, or outreach
program;
``(III) an explanation that student and family eligibility
and participation in other Federal means-tested programs may
indicate eligibility for an access and persistence grant and
other student aid programs;
``(IV) a nonbinding estimation of the total amount of
financial aid a low-income student with a similar income
level may expect to receive, including an estimation of the
amount of an access and persistence grant and an estimation
of the amount of grants, loans, and all other available types
of aid from the major Federal and State financial aid
programs;
``(V) an explanation that in order to be eligible for an
access and persistence grant, at a minimum, a student shall
meet the requirement under paragraph (3), graduate from
secondary school, and enroll at an institution of higher
education that is a partner in the partnership;
``(VI) information on any additional requirements (such as
a student pledge detailing student responsibilities) that the
State may impose
[[Page 1660]]
for receipt of an access and persistence grant under this
section; and
``(VII) instructions on how to apply for an access and
persistence grant and an explanation that a student is
required to file a Free Application for Federal Student Aid
authorized under section 483(a) to be eligible for such grant
and assistance from other Federal and State financial aid
programs; and
``(ii) may include a disclaimer that access and persistence
grant awards are contingent upon--
``(I) a determination of the student's financial
eligibility at the time of the student's enrollment at an
institution of higher education that is a partner in the
partnership;
``(II) annual Federal and State appropriations; and
``(III) other aid received by the student at the time of
the student's enrollment at an institution of higher
education that is a partner in the partnership.
``(3) Eligibility.--In determining which students are
eligible to receive access and persistence grants, the State
shall ensure that each such student complies with the
following subparagraph (A) or (B):
``(A) Meets not less than 2 of the following criteria, with
priority given to students meeting all of the following
criteria:
``(i) Has an expected family contribution equal to zero (as
described in section 479) or a comparable alternative based
upon the State's approved criteria in section 415C(b)(4).
``(ii) Has qualified for a free lunch, or at the State's
discretion a reduced price lunch, under the school lunch
program established under the Richard B. Russell National
School Lunch Act.
``(iii) Qualifies for the State's maximum undergraduate
award, as authorized under section 415C(b).
``(iv) Is participating in, or has participated in, a
Federal, State, institutional, or community early information
and intervention, mentoring, or outreach program, as
recognized by the State agency administering activities under
this section.
``(B) Is receiving, or has received, an access and
persistence grant under this section, in accordance with
paragraph (5).
``(4) Grant award.--Once a student, including a student who
has received early notification under paragraph (2) from the
State, applies for admission to an institution that is a
partner in the partnership, files a Free Application for
Federal Student Aid and any related State form, and is
determined to be eligible by the State under paragraph (3),
the State shall--
``(A) issue the student a preliminary access and
persistence grant award certificate with tentative award
amounts; and
``(B) inform the student that payment of the access and
persistence grant award amounts is subject to certification
of enrollment and award eligibility by the institution of
higher education.
``(5) Duration of award.--An eligible student that receives
an access and persistence grant under this section shall
receive such grant award for each year of such student's
undergraduate education in which the student remains eligible
for assistance under this title, including pursuant to
section 484(c), and remains financially eligible as
determined by the State, except that the State may impose
reasonable time limits to baccalaureate degree completion.
``(e) Administrative Cost Allowance.--A State that receives
an allotment under this section may reserve not more than 3.5
percent of the funds made available annually through the
allotment for State administrative functions required to
carry out this section.
``(f) Statutory and Regulatory Relief for Institutions of
Higher Education.--The Secretary may grant, upon the request
of an institution of higher education that is in a
partnership described in subsection (b)(2)(B)(ii) and that
receives an allotment under this section, a waiver for such
institution from statutory or regulatory requirements that
inhibit the ability of the institution to successfully and
efficiently participate in the activities of the partnership.
``(g) Applicability Rule.--The provisions of this subpart
which are not inconsistent with this section shall apply to
the program authorized by this section.
``(h) Maintenance of Effort Requirement.--Each State
receiving an allotment under this section for a fiscal year
shall provide the Secretary an assurance that the aggregate
amount expended per student or the aggregate expenditures by
the State, from funds derived from non-Federal sources, for
the authorized activities described in subsection (d) for the
preceding fiscal year were not less than the amount expended
per student or the aggregate expenditure by the State for
such activities for the second preceding fiscal year.
``(i) Special Rule.--Notwithstanding subsection (h), for
purposes of determining a State's share of the cost of the
authorized activities described in subsection (d), the State
shall consider only those expenditures from non-Federal
sources that exceed its total expenditures for need-based
grants, scholarships, and work-study assistance for fiscal
year 1999 (including any such assistance provided under this
subpart).
``(j) Reports.--Not later than 3 years after the date of
enactment of the College Opportunity and Affordability Act of
2007, and annually thereafter, the Secretary shall submit a
report describing the activities and the impact of the
partnerships under this section to the authorizing
committees.''.
(d) Continuation and Transition.--During the 2-year period
commencing on the date of enactment of this Act, the
Secretary shall continue to award grants under section 415E
of the Higher Education Act of 1965 (20 U.S.C. 1070c-3a), as
such section existed on the day before the date of enactment
of this Act, to States that choose to apply for grants under
such predecessor section.
(e) Implementation and Evaluation.--Section 491(j) (20
U.S.C. 1098(j)) is amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) not later than 6 months after the date of enactment
of the College Opportunity and Affordability Act of 2007,
advise the Secretary on means to implement the activities
under section 415E, and the Advisory Committee shall continue
to monitor, evaluate, and make recommendations on the
progress of partnerships that receive allotments under such
section; and''.
SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE
ENGAGED IN MIGRANT AND SEASONAL FARMWORK.
Section 418A (20 U.S.C. 1070d-2) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B)(i), by striking ``parents'' and
inserting ``immediate family'';
(B) in paragraph (3)(B), by inserting ``(including
preparation for college entrance examinations)'' after
``college program'';
(C) in paragraph (5), by striking ``weekly'';
(D) in paragraph (7), by striking ``and'' after the
semicolon;
(E) in paragraph (8)--
(i) by inserting ``(such as transportation and child
care)'' after ``services''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(F) by adding at the end the following:
``(9) other activities to improve persistence and retention
in postsecondary education.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``parents'' and
inserting ``immediate family''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by inserting ``to
improve placement, persistence, and retention in
postsecondary education,'' after ``services''; and
(II) in clause (i), by striking ``and career'' and
inserting ``career, and economic education or personal
finance'';
(iii) in subparagraph (E), by striking ``and'' after the
semicolon;
(iv) by redesignating subparagraph (F) as subparagraph (G);
(v) by inserting after subparagraph (E) the following:
``(F) internships; and''; and
(vi) in subparagraph (G) (as redesignated by clause (iv)),
by striking ``support services'' and inserting ``essential
supportive services (such as transportation and child
care)''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon;
(ii) in subparagraph (B), by striking the period at the end
and inserting ``, and coordinating such services, assistance,
and aid with other non-program services, assistance, and aid,
including services, assistance, and aid provided by
community-based organizations, which may include mentoring
and guidance; and''; and
(iii) by adding at the end the following:
``(C) for students attending 2-year institutions of higher
education, encouraging the students to transfer to 4-year
institutions of higher education, where appropriate, and
monitoring the rate of transfer of such students.'';
(3) in subsection (e), by striking ``section 402A(c)(1)''
and inserting ``section 402A(c)(2)'';
(4) in subsection (f)--
(A) in paragraph (1), by striking ``$150,000'' and
inserting ``$180,000''; and
(B) in paragraph (2), by striking ``$150,000'' and
inserting ``$180,000'';
(5) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively;
(6) by inserting after subsection (f) the following:
``(g) Reservation of Funds.--From the amounts made
available under subsection (i), the Secretary may reserve not
more than a total of \1/2\ of 1 percent for outreach
activities, technical assistance, and professional
development programs relating to the programs under
subsection (a).'';
(7) by striking subsection (h) (as redesignated by
paragraph (5)) and inserting the following:
``(h) Data Collection.--The Commissioner for Education
Statistics shall--
``(1) annually collect data on persons receiving services
authorized under this subpart regarding such persons rates of
secondary school graduation, entrance into postsecondary
education, and completion of postsecondary education;
``(2) not less often than once every 2 years, prepare and
submit to the authorizing committees a report based on the
most recently available data under paragraph (1) to the
authorizing committees; and
``(3) make such report available to the public.''; and
(8) in subsection (i) (as redesignated by paragraph (5))--
(A) in paragraph (1), by striking ``$15,000,000 for fiscal
year 1999'' and all that follows through the period and
inserting ``such sums as may be necessary for fiscal year
2009 and each of the 4 succeeding fiscal years.''; and
(B) in paragraph (2), by striking ``$5,000,000 for fiscal
year 1999'' and all that follows
[[Page 1661]]
through the period and inserting ``such sums for fiscal year
2009 and each of the 4 succeeding fiscal years.''.
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM.
Subpart 6 of part A of title IV is amended to read as
follows:
``Subpart 6--Robert C. Byrd American Competitiveness Program
``SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE HONORS
SCHOLARSHIP PROGRAM.
``(a) Purpose.--The purpose of this section is to award
scholarships to students who are enrolled in studies leading
to baccalaureate and advanced degrees in physical, life, or
computer sciences, mathematics, or engineering.
``(b) Definitions.--As used in this section--
``(1) the term `computer science' means the branch of
knowledge or study of computers, including such fields of
knowledge or study as computer hardware, computer software,
computer engineering, information systems, and robotics;
``(2) the term `eligible student' means a student who--
``(A) is a citizen of the United States;
``(B) is selected by the managing agent to receive a
scholarship;
``(C) is enrolled full-time in an institution of higher
education, other than a United States service academy; and
``(D) has shown a commitment to and is pursuing a major in
studies leading to a baccalaureate, masters, or doctoral
degree (or a combination thereof) in physical, life, or
computer sciences, mathematics, or engineering;
``(3) the term `engineering' means the science by which the
properties of matter and the sources of energy in nature are
made useful to humanity in structures, machines, and
products, as in the construction of engines, bridges,
buildings, mines, and chemical plants, including such fields
of knowledge or study as aeronautical engineering, chemical
engineering, civil engineering, electrical engineering,
industrial engineering, materials engineering, manufacturing
engineering, and mechanical engineering;
``(4) the term `life sciences' means the branch of
knowledge or study of living things, including such fields of
knowledge or study as biology, biochemistry, biophysics,
microbiology, genetics, physiology, botany, zoology, ecology,
and behavioral biology, except that the term does not
encompass social psychology or the health professions;
``(5) the term `managing agent' means an entity to which an
award is made under subsection (c) to manage a program of
Mathematics and Science Honors Scholarships;
``(6) the term `mathematics' means the branch of knowledge
or study of numbers and the systematic treatment of
magnitude, relationships between figures and forms, and
relations between quantities expressed symbolically,
including such fields of knowledge or study as statistics,
applied mathematics, and operations research; and
``(7) the term `physical sciences' means the branch of
knowledge or study of the material universe, including such
fields of knowledge or study as astronomy, atmospheric
sciences, chemistry, earth sciences, ocean sciences, physics,
and planetary sciences.
``(c) Award.--
``(1)(A) From funds appropriated under section 419F to
carry out this section, the Secretary is authorized, through
a grant or cooperative agreement, to make an award to a
private, non-profit organization, other than an institution
of higher education or system of institutions of higher
education, to manage, through a public and private
partnership, a program of Mathematics and Science Honors
Scholarships under this section.
``(B) The award under subparagraph (A) shall be for a five-
year period.
``(2)(A) One hundred percent of the funds awarded under
paragraph (1)(A) for any fiscal year shall be obligated and
expended solely on scholarships to eligible students.
``(B) No Federal funds shall be used to provide more than
50 percent of the cost of any scholarship to an eligible
student.
``(C) The maximum scholarship award shall be the difference
between an eligible student's cost of attendance minus any
non-loan based aid such student receives.
``(3)(A) The Secretary may establish--
``(i) eligibility criteria for applicants for managing
agent, including criteria regarding financial and
administrative capability; and
``(ii) operational standards for the managing agent,
including management and performance requirements, such as
audit, recordkeeping, record retention, and reporting
procedures and requirements.
``(B) The Secretary, as necessary, may review and revise
any criteria, standards, and rules established under this
paragraph and, through the agreement with the managing agent,
see that any revisions are implemented.
``(4) If the managing agent fails to meet the requirements
of this section the Secretary may terminate the award to the
managing agent.
``(5) The Secretary shall conduct outreach efforts to help
raise awareness of the Mathematics and Science Honors
Scholarships.
``(d) Duties of the Managing Agent.--The managing agent
shall--
``(1) develop criteria to award Mathematics and Science
Honors Scholarships based on established measurements
available to secondary students who wish to pursue degrees in
physical, life, or computer sciences, mathematics, or
engineering;
``(2) establish a Mathematics and Science Honors
Scholarship Fund in a separate, named account that clearly
discloses the amount of Federal and non-Federal funds
deposited in the account and used for scholarships under this
section;
``(3) solicit funds for scholarships and for the
administration of the program from non-Federal sources;
``(4) solicit applicants for scholarships;
``(5) from the amounts in the Fund, award scholarships to
eligible students and transfer such funds to the institutions
of higher education that they attend;
``(6) annually submit to the Secretary a financial audit
and a report on the progress of the program, and such other
documents as the Secretary may require to determine the
effective management of the program; and
``(7) shall not develop a criteria that discriminates
against a student based on the type of program in which the
student completed his or her secondary education.
``(e) Applications.--
``(1) Any eligible entity that desires to be the managing
agent under this section shall submit an application to the
Secretary, in such form and containing such information, as
the Secretary may require.
``(2) Each application shall include a description of--
``(A) how the applicant meets or will meet requirements
established under subsections (c)(3)(A) and (d);
``(B) how the applicant will solicit funds for scholarships
and for the administration of the program from non-Federal
sources;
``(C) how the applicant will provide nationwide outreach to
inform students about the program and to encourage students
to pursue degrees in physical, life, or computer sciences,
mathematics, or engineering;
``(D) how the applicant will solicit applications for
scholarships, including how the applicant will balance
efforts in urban and rural areas;
``(E) the selection criteria based on established
measurements available to secondary students the applicant
will use to award scholarships and to renew those awards;
``(F) how the applicant will inform the institution of
higher education chosen by the recipient of the name and
scholarship amount of the recipient;
``(G) what procedures and assurances the applicant and the
institution of higher education that the recipient attends
will use to verify student eligibility, attendance, degree
progress, and academic performance and to deliver and account
for payments to such institution;
``(H) the management (including audit and accounting)
procedures the applicant will use for the program;
``(I) the human, financial, and other resources that the
applicant will need and use to manage the program;
``(J) how the applicant will evaluate the program and
report to the Secretary annually; and
``(K) a description of how the entity will coordinate with,
complement, and build on similar public and private
mathematics and science programs.
``(f) Scholarship Recipients.--
``(1) A student receiving a scholarship under this section
shall be known as a Byrd Mathematics and Science Honors
Scholar.
``(2) Any student desiring to receive a scholarship under
this section shall submit an application to the managing
agent in such form, and containing such information, as the
managing agent may require.
``(3) Any student that receives a scholarship under this
section shall enter into an agreement with the managing agent
to complete 5 consecutive years of service to begin no later
than 12 months following completion of the final degree in a
position related to the field in which the student obtained
the degree.
``(4) If any student that receives a scholarship under this
section fails to earn at least a baccalaureate degree in
physical, life, or computer sciences, mathematics, or
engineering as defined under this section, the student shall
repay to the managing agent the amount of any financial
assistance paid to such student.
``(5) If any student that receives a scholarship under this
section fails to meet the requirements of paragraph (3), the
student shall repay to the managing agent the amount of any
financial assistance paid to such student.
``(6)(A) Scholarships shall be awarded for only one
academic year of study at a time.
``(B)(i) A scholarship shall be renewable on an annual
basis for the established length of the academic program if
the student awarded the scholarship remains eligible.
``(ii) The managing agent may condition renewal of a
scholarship on measures of academic progress and achievement,
with the approval of the Secretary.
``(C)(i) If a student fails to either remain eligible or
meet established measures of academic progress and
achievement, the managing agent shall instruct the student's
institution of higher education to suspend payment of the
student's scholarship.
``(ii) A suspension of payment shall remain in effect until
the student is able to demonstrate to the satisfaction of the
managing agent that he or she is again eligible and meets the
established measures of academic progress and achievement.
``(iii) A student's eligibility for a scholarship shall be
terminated if a suspension period exceeds 12 months.
``(D)(i)(I) A student awarded a scholarship may, in a
manner and under the terms established by, and with the
approval of, the managing agent, postpone or interrupt his or
her enrollment at an institution of higher education for up
to 12 months.
[[Page 1662]]
``(II) Such a postponement or interruption shall not be
considered a suspension for purposes of subparagraph (C).
``(ii) Neither a student nor the student's institution of
higher education shall receive the student's scholarship
payments during the period of postponement or interruption,
but such payments shall resume upon enrollment or
reenrollment.
``(iii) In exceptional circumstances, such as serious
injury or illness or the necessity to care for family
members, the student's postponement or interruption may, upon
notification and approval of the managing agent, be extended
beyond the 12 month period described in clause (i)(I).
``(g) Responsibilities of Institution of Higher
Education.--
``(1) The managing agent shall require any institution of
higher education that enrolls a student who receives a
scholarship under this section to annually provide an
assurance, prior to making any payment, that the student--
``(A) is eligible in accordance with subsection (b)(2); and
``(B) has provided the institution with a written
commitment to attend, or is attending, classes and is
satisfactorily meeting the institution's academic criteria
for enrollment in its program of study.
``(2)(A) The managing agent shall provide the institution
of higher education with payments from the Fund for selected
recipients in at least two installments.
``(B) If a recipient declines a scholarship, does not
attend courses, transfers to another institution of higher
education, or becomes ineligible for a scholarship, an
institution of higher education shall return prorated amounts
of any scholarship payment to that recipient to the managing
agent, who shall deposit it in to the Fund.
``SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PROGRAM.
``(a) Program.--
``(1) In general.--The Secretary is authorized to carry out
a program of assuming the obligation to pay, pursuant to the
provisions of this section, the interest on a loan made,
insured, or guaranteed under part B or D of this title.
``(2) Eligibility.--The Secretary may assume interest
payments under paragraph (1) only for a borrower who--
``(A) has submitted an application in compliance with
subsection (d);
``(B) obtained one or more loans described in paragraph (1)
as an undergraduate student;
``(C) is a new borrower (within the meaning of section
103(7) of this Act) on or after the date of enactment of the
College Opportunity and Affordability Act of 2007;
``(D) is a highly qualified teacher (as defined in section
9101 of the Elementary and Secondary Education Act of 1965)
of science, technology, engineering or mathematics at an
elementary or secondary school in a high need local
educational agency, or is a mathematics, science, or
engineering professional; and
``(E) enters into an agreement with the Secretary to
complete 5 consecutive years of service in a position
described in subparagraph (D), starting on the date of the
agreement.
``(3) Prior interest limitations.--The Secretary shall not
make any payments for interest that--
``(A) accrues prior to the beginning of the repayment
period on a loan in the case of a loan made under section
428H or a Federal Direct Unsubsidized Stafford Loan; or
``(B) has accrued prior to the signing of an agreement
under paragraph (2)(E).
``(4) Initial selection.--In selecting participants for the
program under this section, the Secretary--
``(A) shall choose among eligible applicants on the basis
of--
``(i) the national security, homeland security, and
economic security needs of the United States, as determined
by the Secretary, in consultation with other Federal
agencies, including the Departments of Labor, Defense,
Homeland Security, Commerce, and Energy, the Central
Intelligence Agency, and the National Science Foundation; and
``(ii) the academic record or job performance of the
applicant; and
``(B) may choose among eligible applicants on the basis
of--
``(i) the likelihood of the applicant to complete the 5-
year service obligation;
``(ii) the likelihood of the applicant to remain in
science, mathematics, or engineering after the completion of
the service requirement; or
``(iii) other relevant criteria determined by the
Secretary.
``(5) Availability subject to appropriations.--Loan
interest payments under this section shall be subject to the
availability of appropriations. If the amount appropriated
for any fiscal year is not sufficient to provide interest
payments on behalf of all qualified applicants, the Secretary
shall give priority to those individuals on whose behalf
interest payments were made during the preceding fiscal year.
``(6) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out
the provisions of this section.
``(b) Duration and Amount of Interest Payments.--The period
during which the Secretary shall pay interest on behalf of a
student borrower who is selected under subsection (a) is the
period that begins on the effective date of the agreement
under subsection (a)(2)(E), continues after successful
completion of the service obligation, and ends on the earlier
of--
``(1) the completion of the repayment period of the loan;
``(2) payment by the Secretary of a total of $5,000 on
behalf of the borrower;
``(3) if the borrower ceases to fulfill the service
obligation under such agreement prior to the end of the 5-
year period, as soon as the borrower is determined to have
ceased to fulfill such obligation in accordance with
regulations of the Secretary; or
``(4) 6 months after the end of any calendar year in which
the borrower's gross income equals or exceeds 4 times the
national per capita disposable personal income (current
dollars) for such calendar year, as determined on the basis
of the National Income and Product Accounts Tables of the
Bureau of Economic Analysis of the Department of Commerce, as
determined in accordance with regulations prescribed by the
Secretary.
``(c) Repayment to Eligible Lenders.--Subject to the
regulations prescribed by the Secretary by regulation under
subsection (a)(6), the Secretary shall pay to each eligible
lender or holder for each payment period the amount of the
interest that accrues on a loan of a student borrower who is
selected under subsection (a).
``(d) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
interest payment under this section shall submit a complete
and accurate application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Failure to complete service agreement.--Such
application shall contain an agreement by the individual
that, if the individual fails to complete the 5 consecutive
years of service required by subsection (a)(2)(E), the
individual agrees to repay the Secretary the amount of any
interest paid by the Secretary on behalf of the individual.
``(e) Treatment of Consolidation Loans.--A consolidation
loan made under section 428C of this Act, or a Federal Direct
Consolidation Loan made under part D of title IV of this Act,
may be a qualified loan for the purpose of this section only
to the extent that such loan amount was used by a borrower
who otherwise meets the requirements of this section to
repay--
``(1) a loan made under section 428 or 428H of this Act; or
``(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
this Act.
``(f) Prevention of Double Benefits.--No borrower may, for
the same service, receive a benefit under both this section
and--
``(1) any loan forgiveness program under title IV of this
Act; or
``(2) subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.).
``(g) Definitions.--As used in this section--
``(1) the term `high need local educational agency' has the
same meaning given such term in section 200; and
``(2) the term `mathematics, science, or engineering
professional' means a person who--
``(A) holds a baccalaureate, masters, or doctoral degree
(or a combination thereof) in science, mathematics, or
engineering; and
``(B) works in a field the Secretary determines is closely
related to that degree, which shall include working as a
professor at a two- or four-year institution of higher
education.
``SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS.
``(a) Purpose.--The purpose of this section is to increase
the number of highly qualified teachers in, and the number of
United States' students who achieve the highest level of
proficiency in, foreign languages critical to the security
and competitiveness of the Nation.
``(b) Program Authorized.--The Secretary is authorized to
award grants to institutions of higher education, in
partnership with one or more local educational agencies, to
establish teacher preparation programs in critical foreign
languages, and activities that will enable successful
students to advance from elementary school through college to
achieve proficiency in those languages.
``(c) Applications.--
``(1) Application required.--Any institution of higher
education that desires to receive a grant under this section
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may require.
``(2) Contents.--Each Application shall--
``(A) identify each local educational agency partner and
describe each such partner's responsibilities (including how
they will be involved in planning and implementing the
program, what resources they will provide, and how they will
ensure continuity of student progress from elementary school
to the postsecondary level); and
``(B) describe how the applicant will support and continue
the program after the grant has expired, including how it
will seek support from other sources, such as State and local
government, foundations, and the private sector.
``(d) Uses of Funds.--Funds awarded under this section
shall be used to develop and implement programs consistent
with the purpose of this section by carrying out one or more
of the following activities:
``(1) To recruit highly qualified teachers in critical
foreign languages and professional development activities for
such teachers at the elementary through high school level.
``(2) To provide innovative opportunities for students that
will allow for critical language learning, such as immersion
environments, intensive study opportunities, internships, and
distance learning.
``(e) Matching Requirement.--Each grantee under this
section shall provide, from non-Federal sources, an amount
equal to 100 percent of
[[Page 1663]]
the amount of the grant (in cash or in kind) to carry out the
activities supported by the grant.
``(f) Evaluation.--The Secretary shall evaluate the
activities funded under this section and report the results
of the evaluation to the appropriate Committees of Congress.
``SEC. 419D. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart $50,000,000 for fiscal year 2009 and such sums as may
be necessary for each of the 4 succeeding fiscal years.''.
SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL.
(a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C.
1070e(b)(2)(B)) is amended by striking ``$10,000'' and
inserting ``$30,000''.
(b) Eligible Institutions.--Section 419N(b)(4) is amended
by striking ``$350,000'' and inserting ``$250,000''.
(c) Income Eligibility.--Section 419N(b)(7) is amended by
striking ``who is eligible to receive'' and inserting ``whose
income qualifies for eligibility for''.
(d) Publicity.--Section 419N(b) is further amended by
adding at the end the following new paragraph:
``(8) Publicity.--The Secretary shall publicize the
availability of grants under this section in appropriate
periodicals in addition to publication in the Federal
Register, and shall inform appropriate educational
organizations of such availability.''.
(e) Authorization of Appropriations.--Section 419N(g) (20
U.S.C. 1070e(g)) is amended by striking ``$45,000,000 for
fiscal year 1999'' and all that follows through the period
and inserting ``such sums as may be necessary for fiscal year
2009 and each of the 4 succeeding fiscal years.''.
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS.
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.)
is repealed.
SEC. 411. TEACH GRANTS.
Subpart 9 of part A of title IV is amended--
(1) in section 420L(1)(B), by striking ``sound'' and
inserting ``responsible'';
(2) in section 420M--
(A) by striking ``academic year'' each place it appears in
subsections (a)(1) and (c)(1) and inserting ``year''; and
(B) in subsection (c)(2)--
(i) by striking ``other student assistance'' and inserting
``other assistance the student may receive''; and
(ii) by striking the second sentence; and
(3) by adding at the end the following new section:
``SEC. 420P. PROGRAM EVALUATION.
``The Secretary shall evaluate the effectiveness of TEACH
grants with respect to the schools and students served by
recipients of such grants. Such evaluation shall take into
consideration information related to--
``(1) the number of TEACH grant recipients;
``(2) the gender, race, ethnicity, and age of such
recipients;
``(3) the degrees obtained by such recipients;
``(4) the location, including the school, local educational
agency, and State, where the recipients completed the service
agreed to under section 420N(b) and the subject taught;
``(5) the duration of such service, including information
related to whether recipients serve for more than the 4 years
required under such section; and
``(6) any other data necessary to conduct such
evaluation.''.
PART B--FEDERAL FAMILY EDUCATION LOANS
SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED BY FEDERAL
INSURANCE.
Section 424(a) (20 U.S.C. 1074(a)) is amended--
(1) by striking ``2012'' and inserting ``2013''; and
(2) by striking ``2016'' and inserting ``2017''.
SEC. 422. FEDERAL INTEREST SUBSIDIES.
Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended--
(1) by striking ``2012'' and inserting ``2013''; and
(2) by striking ``2016'' and inserting ``2017''.
SEC. 423. STUDENT LOAN INFORMATION.
Section 428(k) (20 U.S.C. 1078(k)) is amended by adding at
the end the following new paragraph:
``(4) Student loan information.--
``(A) Notwithstanding any other provision of law or
regulation, if requested by an institution of higher
education or a third party servicer (as defined in section
481(c)) working on behalf of such institution to prevent
student loan defaults for borrowers who currently attend or
previously attended such institution, a lender, secondary
market, holder, or guaranty agency shall provide, free of
charge and in a timely and effective manner, any student loan
information pertaining to loans made under this title to such
borrowers maintained by that entity, provided that the
information requested is for a borrower who currently attends
or previously attended such institution.
``(B) An institution and any third party servicer obtaining
access to information under subparagraph (A) shall safeguard
that information in order to prevent potential abuses of that
information, including identity theft.
``(C) Any third party servicer that obtains information
under this paragraph--
``(i) shall only use the information in a manner directly
related to the default prevention work the servicer is
performing on behalf of the institution of higher education;
``(ii) shall not sell the information to other entities;
``(iii) shall not share the information with, or transfer
the information to, entities other than the borrower or the
institution of higher education referenced in subparagraph
(A); and
``(iv) shall be subject to any regulations established by
the Secretary pursuant to section 432 concerning the misuse
of such information, including any penalties for such
misuse.''.
SEC. 424. CONSOLIDATION LOAN DISCLOSURE.
Section 428C(b)(1) (20 U.S.C. 1078-3(b)(1)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) that the lender will disclose, in a clear and
conspicuous manner, to borrowers who seek to consolidate
loans made under part E of this title--
``(i) that once the borrower adds a Federal Perkins Loan to
a Federal Consolidation Loan, the borrower will lose all
interest-free periods that would have been available, such as
those when no interest accrues on the Federal Perkins Loan
while the borrower is enrolled in school at least half-time,
during the grace period, and during periods when the
borrower's student loan repayments are deferred;
``(ii) that the borrower will no longer be eligible for
loan cancellation of Federal Perkins Loans under any
provision of section 465; and
``(iii) in detail the occupations listed in section 465 for
which the borrower will lose eligibility for Federal Perkins
Loan cancellation;''.
SEC. 425. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL
NEED.
Section 428K (20 U.S.C. 1078-11) is amended to read as
follows:
``SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF
NATIONAL NEED.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary shall
forgive, in accordance with this section, the student loan
obligation of a borrower in the amount specified in
subsection (c) who--
``(A) is employed full-time in an area of national need
described in subsection (b); and
``(B) is not in default on a loan for which the borrower
seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized
to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan made,
insured, or guaranteed under this part (other than an
excepted PLUS loan (as such term is defined in section
493C(a))); and
``(B) to cancel a qualified loan amount for a loan made
under part D of this title (other than such an excepted PLUS
loan).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(b) Areas of National Need.--For purposes of this
section, an individual shall be treated as employed in an
area of national need if the individual is employed full-time
as any of the following:
``(1) Early childhood educators.--An individual who is
employed as an early childhood educator in an eligible
preschool program or eligible early childhood education
program in a low-income community, and who is involved
directly in the care, development, and education of infants,
toddlers, or young children age 5 and under.
``(2) Nurses.--An individual who is employed--
``(A) as a nurse in a clinical setting; or
``(B) as a member of the nursing faculty at an accredited
school of nursing (as those terms are defined in section 801
of the Public Health Service Act (42 U.S.C. 296)).
``(3) Foreign language specialists.--An individual who has
obtained a baccalaureate or advanced degree in a critical
foreign language and is employed--
``(A) in an elementary or secondary school as a teacher of
a critical foreign language;
``(B) in an agency of the United States Government in a
position that regularly requires the use of such critical
foreign language; or
``(C) in an institution of higher education as a faculty
member or instructor teaching a critical foreign language.
``(4) Librarians.--An individual who is employed as a
librarian in--
``(A) a public library that serves a geographic area within
which the public schools have a combined average of 30
percent or more of their total student enrollments composed
of children counted under section 1113(a)(5) of the
Elementary and Secondary Education Act of 1965; or
``(B) a high-need school.
``(5) Highly qualified teachers: serving students who are
limited english proficient, low-income communities, and
underrepresented populations.--An individual who--
``(A) is highly qualified as such term is defined in
section 9101 of the Elementary and Secondary Education Act of
1965; and
``(B)(i) is employed as a teacher educating students who
are limited English proficient;
``(ii) is employed as a teacher in a high-need school; or
``(iii) is an individual from an underrepresented
population in the teaching profession, as determined by the
Secretary.
``(6) Child welfare workers.--An individual who--
``(A) has obtained a degree in social work or a related
field with a focus on serving children and families; and
[[Page 1664]]
``(B) is employed in public or private child welfare
services.
``(7) Speech-language pathologists.--An individual who is a
speech-language pathologist, who is employed in an eligible
preschool program or an elementary or secondary school, and
who has, at a minimum, a graduate degree in speech-language
pathology, or communication sciences and disorders.
``(8) National service.--An individual who is engaged as a
participant in a project under the National and Community
Service Act of 1990 (as such terms are defined in section 101
of such Act (42 U.S.C. 12511)).
``(9) School counselors.--An individual who is employed as
a school counselor (as such term is defined in section
5421(e)(3) of Elementary and Secondary Education Act of 1965
(20 U.S.C. 7245(e)(3))) in a high-need school.
``(10) Public sector employees.--An individual who is
employed in public safety (including as a first responder,
firefighter, police officer, or other law enforcement or
public safety officer), emergency management (including as an
emergency medical technician), public health (including full-
time professionals engaged in health care practitioner
occupations and health care support occupations, as such
terms are defined by the Bureau of Labor Statistics), or
public interest legal services (including prosecution or
public defense or legal advocacy in low-income communities at
a nonprofit organization).
``(11) Nutrition professionals.--An individual who--
``(A) is a licensed, certified, or registered dietician who
has completed a degree in a relevant field; and
``(B) has obtained employment in an agency of the special
supplemental nutrition program for women, infants, and
children under section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786).
``(12) Medical specialists.--An individual who--
``(A) has received his or her degree from an accredited
medical school (as accredited by the Liaison Committee on
Medical Education or as defined by this title IV); and
``(B)(i) has been accepted to, or currently participates
in, a graduate medical education training program or
fellowship (or both) to provide health care services (as
recognized by the Accreditation Council for Graduate Medical
Education); or
``(ii) has been accepted to, or currently participates in,
a graduate medical education program or fellowship (or both)
to provide health care services that--
``(I) requires more than 5 years of total graduate medical
training; and
``(II) has fewer United States medical school graduate
applicants than the total number of training and fellowship
positions available in the programs specified in subclause
(I) of this clause.
``(13) Mental health professionals.--Individuals who have
at least a master's degree in social work, psychology, or
psychiatry and who are providing mental health services to
children, adolescents, or veterans.
``(c) Qualified Loan Amount.--At the end of each school,
academic, or calendar year of full-time employment on or
after the date of enactment of the College Opportunity and
Affordability Act of 2007 in an area of national need
described in subsection (b), not to exceed 5 years, the
Secretary shall forgive not more than $2,000 of the student
loan obligation of a borrower that is outstanding after the
completion of each such school, academic, or calendar year of
employment, as appropriate, not to exceed $10,000 in the
aggregate for any borrower.
``(d) Priority.--The Secretary shall grant loan forgiveness
under this section on a first-come, first-served basis, and
subject to the availability of appropriations.
``(e) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a
loan.
``(f) Segal Americorps Education Award and National Service
Award Recipients.--A student borrower who qualifies for the
maximum education award under subtitle D of title I of the
National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.) shall receive under this section the amount, if any,
by which the maximum benefit available under this section
exceeds the maximum education award available under such
subtitle.
``(g) Ineligibility for Double Benefits.--No borrower may
receive a reduction of loan obligations under both this
section and section 428J or 460.
``(h) Definitions.--In this section:
``(1) Early childhood educator.--The term `early childhood
educator' means an early childhood educator who works
directly with children in an eligible preschool program or
eligible early childhood education program who has completed
a baccalaureate or advanced degree in early childhood
development, early childhood education, or in a field related
to early childhood education.
``(2) Eligible preschool program.--The term `eligible
preschool program' means a program that provides for the
care, development, and education of infants, toddlers, or
young children age 5 and under, meets any applicable State or
local government licensing, certification, approval, and
registration requirements, and is operated by--
``(A) a public or private school that is supported,
sponsored, supervised, or administered by a local educational
agency;
``(B) a Head Start agency serving as a grantee designated
under the Head Start Act (42 U.S.C. 9831 et seq.);
``(C) a nonprofit or community based organization; or
``(D) a child care program, including a home.
``(3) Eligible early childhood education program.--The term
`eligible early childhood education program' means--
``(A) a family child care program, center-based child care
program, State prekindergarten program, school program, or
other out-of-home early childhood development care program,
that--
``(i) is licensed or regulated by the State; and
``(ii) serves 2 or more unrelated children who are not old
enough to attend kindergarten;
``(B) a Head Start Program carried out under the Head Start
Act (42 U.S.C. 9831 et seq.); or
``(C) an Early Head Start Program carried out under section
645A of the Head Start Act (42 U.S.C. 9840a).
``(4) Low-income community.--The term `low-income
community' means a school attendance area (as defined in
section 1113(a)(2)(A) of the Elementary and Secondary
Education Act of 1965)--
``(A) in which 70 percent of households earn less than 85
percent of the State median household income; or
``(B) that includes a high-need school.
``(5) Nurse.--The term `nurse' means a nurse who meets all
of the following:
``(A) The nurse graduated from--
``(i) an accredited school of nursing (as those terms are
defined in section 801 of the Public Health Service Act (42
U.S.C. 296));
``(ii) a nursing center; or
``(iii) an academic health center that provides nurse
training.
``(B) The nurse holds a valid and unrestricted license to
practice nursing in the State in which the nurse practices in
a clinical setting.
``(C) The nurse holds one or more of the following:
``(i) A graduate degree in nursing, or an equivalent
degree.
``(ii) A nursing degree from a collegiate school of nursing
(as defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)).
``(iii) A nursing degree from an associate degree school of
nursing (as defined in section 801 of the Public Health
Service Act (42 U.S.C. 296)).
``(iv) A nursing degree from a diploma school of nursing
(as defined in section 801 of the Public Health Service Act
(42 U.S.C. 296)).
``(6) Speech-language pathologist.--The term `speech-
language pathologist' means a speech-language pathologist
who--
``(A) has received, at a minimum, a graduate degree in
speech-language pathology or communication sciences and
disorders from an institution of higher education accredited
by an agency or association recognized by the Secretary
pursuant to section 496(a) of this Act; and
``(B) provides speech-language pathology services under
section 1861(ll)(1) of the Social Security Act (42 U.S.C.
1395x(ll)(1)), or meets or exceeds the qualifications for a
qualified speech-language pathologist under subsection
(ll)(3) of such section (42 U.S.C. 1395x(ll)(3)).
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2009 and each of the
4 succeeding fiscal years to provide loan forgiveness in
accordance with this section.''.
SEC. 426. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
ATTORNEYS.
Part B of title IV (20 U.S.C. 1071 et seq.) is amended by
inserting after section 428K the following new section:
``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
ATTORNEYS.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as
civil legal assistance attorneys.
``(b) Definitions.--In this section:
``(1) Civil legal assistance attorney.--The term `civil
legal assistance attorney' means an attorney who--
``(A) is a full-time employee of a nonprofit organization
that provides legal assistance with respect to civil matters
to low-income individuals without a fee;
``(B) as such employee, provides civil legal assistance as
described in subparagraph (A) on a full-time basis; and
``(C) is continually licensed to practice law.
``(2) Student loan.--The term `student loan' means--
``(A) subject to subparagraph (B), a loan made, insured, or
guaranteed under part B, D, or E of this title; and
``(B) a loan made under section 428C or 455(g), to the
extent that such loan was used to repay--
``(i) a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;
``(ii) a loan made under section 428, 428B, or 428H; or
``(iii) a loan made under part E.
``(c) Program Authorized.--The Secretary shall carry out a
program of assuming the obligation to repay a student loan,
by direct payments on behalf of a borrower to the holder or
the Secretary in the case of a loan under part D or E of such
loan, in accordance with subsection (d), for any borrower
who--
``(1) is employed as a civil legal assistance attorney; and
``(2) is not in default on a loan for which the borrower
seeks repayment.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement with the Secretary that specifies that--
[[Page 1665]]
``(A) the borrower will remain employed as a civil legal
assistance attorney for a required period of service of not
less than 3 years, unless involuntarily separated from that
employment;
``(B) if the borrower is involuntarily separated from
employment on account of misconduct, or voluntarily separates
from employment, before the end of the period specified in
the agreement, the borrower will repay the Secretary the
amount of any benefits received by such employee under this
agreement;
``(C) if the borrower is required to repay an amount to the
Secretary under subparagraph (B) and fails to repay such
amount, a sum equal to that amount shall be recoverable by
the Federal Government from the employee by such methods as
are provided by law for the recovery of amounts owed to the
Federal Government;
``(D) the Secretary may waive, in whole or in part, a right
of recovery under this subsection if it is shown that
recovery would be against equity and good conscience or
against the public interest; and
``(E) the Secretary shall make student loan payments under
this section for the period of the agreement, subject to the
availability of appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or recovered from,
an individual under this subsection shall be credited to the
appropriation account from which the amount involved was
originally paid.
``(B) Merger.--Any amount credited under subparagraph (A)
shall be merged with other sums in such account and shall be
available for the same purposes and period, and subject to
the same limitations, if any, as the sums with which the
amount was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Secretary under this section shall be made
subject to such terms, limitations, or conditions as may be
mutually agreed upon by the borrower and the Secretary in an
agreement under paragraph (1), except that the amount paid by
the Secretary under this section shall not exceed--
``(i) $6,000 for any borrower in any calendar year; or
``(ii) an aggregate total of $40,000 in the case of any
borrower.
``(B) Beginning of payments.--Nothing in this section shall
authorize the Secretary to pay any amount to reimburse a
borrower for any repayments made by such borrower prior to
the date on which the Secretary entered into an agreement
with the borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Secretary may, subject to paragraph (2), enter into
an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may specify that, notwithstanding subsection (d)(1)(A), the
required period of service during which the borrower will
remain employed as a civil legal assistance attorney may be
less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Secretary
shall provide repayment benefits under this section on a
first-come, first-served basis, and subject to the
availability of appropriations.
``(2) Priority.--The Secretary shall give priority in
providing repayment benefits under this section in any fiscal
year to a borrower who--
``(A) has practiced law for 5 years or less and, for at
least 90 percent of the time in such practice, has served as
a civil legal assistance attorney;
``(B) received repayment benefits under this section during
the preceding fiscal year; and
``(C) has completed less than 3 years of the first required
period of service specified for the borrower in an agreement
entered into under subsection (d).
``(g) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
SEC. 427. SETTLEMENT OF CLAIMS.
Section 432(b) (20 U.S.C. 1082(b)) is amended by adding at
the end the following: ``The Secretary may not enter into any
settlement of any claim under this Act that exceeds
$1,000,000 unless the Secretary has asked the Attorney
General to review the settlement agreement and issue an
opinion to the Secretary and the authorizing committees
related to such proposed settlement.''.
SEC. 428. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND
CONSUMER EDUCATION INFORMATION PROGRAMS.
Part B of title IV is further amended by inserting after
section 433 (20 U.S.C. 1083) the following new section:
``SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVERSION, AND
CONSUMER EDUCATION INFORMATION PROGRAMS.
``(a) Guaranty Agency Duty.--Each guaranty agency, with
respect to loans insured by the agency, shall develop
specific programs designed to prevent delinquencies and avert
defaults.
``(b) Training for Students and Families.--Each guaranty
agency, after consulting with institutions of higher
education (including institutions of higher education
participating in the William Ford Direct Loan Program), shall
develop and make available high quality educational programs
and materials to provide training for students and families
in budgeting and financial management, including debt
management and other aspects of financial literacy, such as
the cost of using high interest loans to pay for
postsecondary education. Such programs and materials shall
address budgeting and financial management relating to
student loans, and shall be made available to students and
families, in a form and language that is understandable,
before, during, and after the students' enrollment.
``(c) Rule of Construction.--Nothing in this section shall
be construed to prohibit a guaranty agency from using
existing activities, programs, and materials in meeting the
requirements of this section.''.
SEC. 429. DEFINITION OF ELIGIBLE LENDER.
Section 435(d)(1)(A)(ii) (20 U.S.C. 1085(d)(1)(A)(ii)) is
amended--
(1) by striking ``part, or (III)'' and inserting ``part,
(III)''; and
(2) by inserting before the semicolon at the end the
following: ``, or (IV) it is a National or State chartered
bank with assets of less than $1,000,000,000''.
SEC. 430. COHORT DEFAULT RATES.
Section 435(m) (20 U.S.C. 1085(m)) is amended--
(1) in the first sentence of paragraph (1)(A), by striking
``end of the following fiscal year'' and inserting
``beginning of the third fiscal year following the fiscal
year in which the students entered repayment'';
(2) in paragraph (1)(C), by striking ``end of the fiscal
year immediately following the year in which they entered
repayment'' and inserting ``beginning of the third fiscal
year following the year in which they entered repayment'';
(3) in paragraph (2)(C), by striking ``end of such
following fiscal year is not considered as in default for the
purposes of this subsection'' and inserting ``beginning of
the third fiscal year following the year in which the loan
entered repayment is not considered as in default for
purposes of this subsection''; and
(4) in paragraph (4)--
(A) by amending the header to read as follows: ``Collection
and reporting of cohort default rates and life of cohort
default rates.--''; and
(B) by amending subparagraph (A) to read as follows:
``(A) The Secretary shall collect data from all insurers
under this part and shall publish not less often than once
every fiscal year a report showing cohort default data and
life of cohort default data for each category of institution,
including (i) 4-year public institutions, (ii) 4-year private
nonprofit institutions, (iii) 2-year public institutions,
(iv) 2-year private institutions, (v) 4-year proprietary
institutions, (vi) 2-year proprietary institutions, and (vii)
less than 2-year proprietary institutions. For purposes of
this subparagraph, the life of cohort default rate means, for
any fiscal year in which 1 or more current and former
students at an institution enter repayment on loans under
section 428, 428A, or 428H, received for attendance at the
institution, the percentage of those current and former
students who enter repayment on such loans (or on the portion
of a loan made under section 428C that is used to repay any
such loans) received for attendance at the institution in
that fiscal year who default before the end of each
succeeding fiscal year.''.
SEC. 431. DISABILITY DETERMINATIONS.
Section 437(a) (20 U.S.C. 1087(a)) is amended by adding at
the end the following new sentence: ``A borrower who receives
a permanent total disability rating from the Secretary of
Veterans Affairs, and who provides documentation of such
rating to the Secretary of Education, shall be considered
permanently and totally disabled for the purpose of
discharging such borrower's loans under this subsection, and
such borrower shall not be required to present additional
documentation for purposes of this subsection.''.
PART C--COLLEGE WORK/STUDY
SEC. 441. REAUTHORIZATION.
(a) Extension of Authority.--Section 441 (42 U.S.C. 2751)
is amended--
(1) in subsection (b), by striking ``$1,000,000,000 for
fiscal year 1999'' and inserting ``$1,500,000,000 for fiscal
year 2009''; and
(2) in subsection (c)--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) responding to the needs of the community, which may
include activities in preparation for and during emergencies
and natural disasters.''.
(b) Allowance for Books and Supplies.--Section 442(c)(4)(D)
(42 U.S.C. 2752(d)(4)(D)) is amended by striking ``$450'' and
inserting ``$600''.
SEC. 442. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE.
Section 447 (42 U.S.C. 2756a) is amended--
(1) by striking ``Each institution participating'' and
inserting ``(a) Community Service-Learning.--Each institution
participating''; and
(2) by adding at the end the following new subsection:
``(b) Off-Campus Community Service.--
``(1) Grants authorized.--In addition to funds made
available under section 443(b)(2)(B),
[[Page 1666]]
the Secretary is authorized to award grants to institutions
participating under this part to supplement off-campus
community service employment.
``(2) Use of funds.--In any year in which section
443(b)(2)(B) applies, an institution shall ensure that funds
granted to such institution under this subsection are used in
accordance with such section 443 to recruit and compensate
students (including compensation for time spent in training
and for travel directly related to such community service).
``(3) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applications that
support postsecondary students assisting with early childhood
education activities and activities in preparation for and
during emergencies and natural disasters.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as may be necessary for fiscal year 2009 and each
of the 4 succeeding fiscal years.''.
SEC. 443. WORK COLLEGES.
(a) Work-Learning-Service.--Section 448 (42 U.S.C. 2756b)
is amended by striking ``work-learning'' each place it
appears and inserting ``work-learning-service''.
(b) Definition.--Section 448(e) is amended to read as
follows:
``(e) Definitions.--For the purpose of this section--
``(1) the term `work college' means an eligible institution
that--
``(A) has been a public or private nonprofit, four-year,
degree granting institution with a commitment to community
service;
``(B) has operated a comprehensive work-learning-service
program for at least 2 years;
``(C) requires all resident students, including at least
one-half of all students who are enrolled on a full-time
basis, to participate in a comprehensive work-learning-
service program for at least 5 hours each week, or at least
80 hours during each period of enrollment, except summer
school, unless the student is engaged in an institutionally
organized or approved study abroad or externship program; and
``(D) provides students participating in the comprehensive
work-learning-service program with the opportunity to
contribute to their education and to the welfare of the
community as a whole; and
``(2) the term `comprehensive student work-learning-service
program' means a student work-learning-service program that--
``(A) is an integral and stated part of the institution's
educational philosophy and program;
``(B) requires participation of all resident students for
enrollment and graduation;
``(C) includes learning objectives, evaluation, and a
record of work performance as part of the student's college
record;
``(D) provides programmatic leadership by college personnel
at levels comparable to traditional academic programs;
``(E) recognizes the educational role of work-learning-
service supervisors; and
``(F) includes consequences for nonperformance or failure
in the work-learning-service program similar to the
consequences for failure in the regular academic program.''.
(c) Authorization.--Section 448(f) is amended--
(1) by striking ``$5,000,000'' and inserting ``such sums as
may be necessary''; and
(2) by striking ``1999'' and inserting ``2009''.
PART D--FEDERAL DIRECT STUDENT LOANS
SEC. 451. REAUTHORIZATION.
Section 458(a) (20 U.S.C. 1087h(a)) is amended--
(1) in paragraph (2)--
(A) in the heading of such paragraph, by striking ``2011''
and inserting ``2013''; and
(B) by striking ``2011'' and inserting ``2013''; and
(2) in paragraph (3), by striking ``2011'' and inserting
``2013''.
SEC. 452. PUBLIC SERVICE JOB DEFINITION.
Section 455(m)(3)(B) (20 U.S.C. 1087e(m)(3)(B)) is amended
to read as follows:
``(B) Public service job.--The term `public service job'
means--
``(i) a full-time job in emergency management, government
(excluding time served as a member of Congress), military
service, public safety, law enforcement, public health
(including nurses, nurse practitioners, nurses in a clinical
setting, and full-time professionals engaged in health care
practitioner occupations and health care support occupations,
as such terms are defined by the Bureau of Labor Statistics),
public education, social work in a public child or family
service agency, public interest law services (including
prosecution or public defense or legal advocacy on behalf of
low-income communities at a nonprofit organization), early
childhood education (including licensed or regulated
childcare, Head Start, and State funded prekindergarten),
public service for individuals with disabilities, public
service for the elderly, public library sciences, school-
based library sciences and other school-based services, or at
an organization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of such Code; or
``(ii) teaching as a full-time faculty member at a Tribal
College or University as defined in section 316(b) and other
faculty teaching in high-needs subject areas or areas of
shortage (including nurse faculty, foreign language faculty
and part-time faculty at community colleges), as determined
by the Secretary.''.
SEC. 453. IDENTITY FRAUD PROTECTION.
Section 455 (20 U.S.C. 1087e) is further amended by adding
at the end the following new subsection:
``(n) Identity Fraud Protection.--The Secretary of
Education shall take such steps as may be necessary to ensure
that monthly Direct Loan statements and other publications of
the Department of Education do not contain more than 4 digits
of the Social Security number of any individual.''.
SEC. 454. DIRECT LOAN PROGRAM AUDIT AND REPORTING
REQUIREMENTS.
(a) Audit of Direct Loan Servicing Portfolio and Direct
Loan Servicing Contracts.--Section 458 (20 U.S.C. 1087h) is
amended by adding at the end the following:
``(d) Audit of Direct Loan Servicing Portfolio and Direct
Loan Servicing Contracts.--The Secretary shall have a
financial and compliance audit of all loans owned by the
Department of Education and made under the William D. Ford
Federal Direct Loan Program and all contracts for the
origination, servicing, collection, and related activities of
such loans, conducted annually by a qualified independent
organization from a list of qualified organizations
promulgated by the Secretary in accordance with standards
established by the Comptroller General. The standards shall
measure the servicer's compliance with the due diligence
standards and shall include a defined statistical sampling
technique designed to measure the performance rating of the
servicer for the purpose of this section. The Secretary shall
submit the audit to Congress within 60 days of its completion
and shall at the same time make the results of the audit
publicly available.''.
(b) Quarterly Reporting of Administrative Expenses.--
Section 458 (20 U.S.C. 1087h) is further amended by adding at
the end the following:
``(e) Budget Justification and Quarterly Reports.--In
addition to the requirements of subsection (c), and as a
prerequisite to expending funds under this section, the
Secretary shall--
``(1) make publicly available immediately upon providing to
Congress, its annual budget justification referenced in the
last sentence of subsection (c), including the detailed
descriptions of activities and the costs for each such
activity; and
``(2) make publicly available within 30 days of the close
of each calendar quarter, an interim report with at least the
same level of detail as the annual report referred to above,
showing the detailed descriptions of activities and the costs
for each such activity, for the quarter, which shall
include--
``(A) amendments to any contracts entered into by the
Department for the purposes of servicing, origination,
consolidating, or otherwise providing administrative support
for the Direct Loan program;
``(B) a complete listing of all milestones for upgrades and
improvements in any of the contracts referenced in section
458(d)(1) and the progress towards meeting such milestones;
``(C) un-reconciled balances in held loans by year of
origination;
``(D) status and number of defaulted loans by length of
default in 30-day increments;
``(E) status and number of delinquent loans by length of
delinquency in 30-day increments;
``(F) information technology purchases made under this
section; and
``(G) costs and terms of all contracts with external
consultants and employees of institutions of higher
education.''.
(c) Annual Reporting of Impact of Direct Loan Program
Treasury Borrowing on National Debt.--Section 458 (20 U.S.C.
1087(h)) is further amended by adding at the end the
following subsection:
``(f) National Debt Report Card.--The Secretary shall make
an annual report to Congress, included with the budget
justification for the Department, of the aggregate dollar
amount of increase in the national debt as a result of loans
made under part D of this title. This reporting shall be made
by calculating the net of the total outstanding amount lent
by the Department and the United States Treasury, less the
balance in principal of performing and non-defaulted loans
outstanding in the Department's portfolio.''.
PART E--PERKINS LOANS
SEC. 461. EXTENSION OF AUTHORITY.
Section 461(b) (20 U.S.C. 1087aa(b)) is amended--
(1) in paragraph (1), by striking ``$250,000,000 for fiscal
year 1999'' and inserting ``$350,000,000 for fiscal year
2009''; and
(2) in paragraph (2), by striking ``2003'' each place it
appears and inserting ``2014''.
SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES.
Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is amended
by striking ``$450'' and inserting ``$600''.
SEC. 463. AGREEMENTS WITH INSTITUTIONS.
(a) Transfers for Collection.--Section 463(a)(4)(B) (20
U.S.C. 1087cc(a)(4)(B)) is amended to read as follows:
``(B) if the institution is not one described in
subparagraph (A), the Secretary may allow such institution to
refer such note or agreement to the Secretary, without
recompense, except that any sums collected on such a loan
(less an amount not to exceed 30 percent of any such sums
collected to cover the Secretary's collection costs) shall be
repaid to such institution no later than 180 days after
collection by the Secretary and treated as an additional
capital contribution under section 462;''.
(b) Revise Authority To Prescribe Additional Fiscal
Controls.--Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is
amended by inserting ``,
[[Page 1667]]
except that nothing in this paragraph shall be construed to
permit the Secretary to require the assignment of loans to
the Secretary other than as is provided for in paragraphs (4)
and (5)'' before the period.
SEC. 464. PERKINS LOAN TERMS AND CONDITIONS.
(a) Loan Limits.--Section 464(a) (20 U.S.C. 1087dd(a)) is
amended--
(1) in paragraph (2)(A)--
(A) by striking ``$4,000'' in clause (i) and inserting
``$5,500''; and
(B) by striking ``$6,000'' in clause (ii) and inserting
``$8,000''; and
(2) in paragraph (2)(B)--
(A) by striking ``$40,000'' in clause (i) and inserting
``$60,000'';
(B) by striking ``$20,000'' in clause (ii) and inserting
``$27,500''; and
(C) by striking ``$8,000'' in clause (iii) and inserting
``$11,000''.
(b) Forbearance.--Section 464 (20 U.S.C. 1087dd) is further
amended--
(1) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking ``,
upon written request,'' and inserting ``, as documented in
accordance with paragraph (2),'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(C) by inserting ``(1)'' after ``Forbearance.--''; and
(D) by adding at the end the following:
``(2) For the purpose of paragraph (1), the terms of
forbearance agreed to by the parties shall be documented by--
``(A) confirming the agreement of the borrower by notice to
the borrower from the institution of higher education; and
``(B) recording the terms in the borrower's file.'';
(2) in subsection (h)(1)(A), by striking ``12 ontime'' and
inserting ``9 on-time''; and
(3) in subsection (j)(2), by striking ``(e)(3)'' and
inserting ``(e)(1)(C)''.
SEC. 465. CANCELLATION FOR PUBLIC SERVICE.
Section 465(a) (20 U.S.C. 1087ee(a)) is amended--
(1) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) as a full-time teacher for service in an academic
year in a high-need school;'';
(B) in subparagraph (B), by striking ``Head Start Act
which'' and inserting ``Head Start Act, or in a
prekindergarten or child care program that is licensed or
regulated by the State, that'';
(C) in subparagraph (H), by striking ``or'' after the
semicolon;
(D) in subparagraph (I), by striking the period and
inserting a semicolon; and
(E) by inserting before the matter following subparagraph
(I) the following:
``(J) as a full-time fire fighter for service to a local,
State, or Federal fire department or fire district;
``(K) as a full-time faculty member at a Tribal College or
University, as that term is defined in section 316;
``(L) as a librarian, if the librarian has a master's
degree in library science and is employed in--
``(i) an elementary school or secondary school that is
eligible for assistance under title I of the Elementary and
Secondary Education Act of 1965; or
``(ii) a public library that serves a geographic area that
contains 1 or more schools eligible for assistance under
title I of the Elementary and Secondary Education Act of
1965; or
``(M) as a full-time speech language therapist, if the
therapist has a master's degree and is working exclusively
with schools that are eligible for assistance under title I
of the Elementary and Secondary Education Act of 1965.''; and
(2) in paragraph (3)(A)--
(A) in clause (i)--
(i) by inserting ``(D),'' after ``(C),''; and
(ii) by striking ``or (I)'' and inserting ``(I), (J), (K),
(L), or (M)'';
(B) in clause (ii), by inserting ``or'' after the
semicolon;
(C) by striking clause (iii); and
(D) by redesignating clause (iv) as clause (iii).
PART F--NEED ANALYSIS
SEC. 471. COST OF ATTENDANCE.
(a) Amendments.--Section 472(3) (20 U.S.C. 1087kk(3)) is
amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B), as amended by
paragraph (1), the following:
``(C) for students who live in housing located on a
military base or for which a basic allowance is provided
under section 403(b) of title 37, United States Code, shall
be an allowance based on the expenses reasonably incurred by
such students for board but not for room; and''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on July 1, 2009.
SEC. 472. DISCRETION TO MAKE ADJUSTMENTS FOR NURSING HOME
EXPENSES.
Section 479A(a) (20 U.S.C. 1087tt) is amended by striking
``medical or dental expenses'' and inserting ``medical,
dental, or nursing home expenses''.
SEC. 473. DEFINITIONS.
(a) Total Income.--Section 480(a) (20 U.S.C. 1087vv(a)) is
amended by adding at the end the following new paragraph:
``(3) Notwithstanding paragraph (1), with respect to
dislocated workers (as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801)), the term
`total income' is equal to estimated adjusted gross income
plus estimated untaxed income and benefits for the current
tax year minus estimated excludable income (as defined in
subsection (e)) in for the current tax year.''.
(b) Untaxed Income and Benefits.--Section 480(b)(6) (20
U.S.C. 1087vv(b)(6)) is amended by inserting ``, except that
the value of on-base military housing or the value of basic
allowance for housing determined under section 403(b) of
title 37, United States Code, received by the parents, in the
case of a dependent student, or the student or student's
spouse, in the case of an independent student, shall be
excluded'' before the semicolon.
(c) Treatment of Veterans' Education Benefits in Estimated
Financial Assistance Calculation.--Section 480(j) (20 U.S.C.
1087vv(j)) is amended by adding at the end the following new
paragraph:
``(4) Notwithstanding paragraph (1), for the first year a
student receives veterans' education benefits under chapter
30 of title 38, United States Code, the amount of such
veterans' education benefits that is treated as estimated
financial assistance not received under this title for the
purposes of section 471(3) shall be calculated by subtracting
the amount that the student's basic pay was reduced under
section 3011(b) or 3012(c) of such title in order to be
eligible to receive such benefits from the amount of such
veterans' education benefits.''.
(d) Effective Date.--The amendments made by this section
are effective on July 1, 2009.
PART G--GENERAL PROVISIONS
SEC. 481. COMPLIANCE CALENDAR.
Section 482 (20 U.S.C. 1089) is amended by adding at the
end the following:
``(e) Compliance Calendar.--Prior to the beginning of each
award year, the Secretary shall provide to institutions of
higher education a list of all the reports and disclosures
required under this Act. The list shall include--
``(1) the date each report or disclosure is required to be
completed and to be submitted, made available, or
disseminated;
``(2) the required recipients of each report or disclosure;
``(3) any required method for transmittal or dissemination
of each report or disclosure;
``(4) a description of the content of each report or
disclosure sufficient to allow the institution to identify
the appropriate individuals to be assigned the responsibility
for such report or disclosure;
``(5) references to the statutory authority, applicable
regulations, and current guidance issued by the Secretary
regarding each report or disclosure; and
``(6) any other information which is pertinent to the
content or distribution of the report or disclosure.''.
SEC. 482. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND
PROCESSES.
(a) Common Financial Aid Form Development and Processing.--
Section 483 (20 U.S.C. 1090) is amended--
(1) in subsection (a)--
(A) by striking paragraphs (1), (2), and (5);
(B) by redesignating paragraphs (3), (4), (6), and (7), as
paragraphs (9), (10), (11), and (12), respectively;
(C) by inserting before paragraph (9), as redesignated by
subparagraph (B), the following:
``(1) In general.--The Secretary, in cooperation with
representatives of agencies and organizations involved in
student financial assistance, shall produce, distribute, and
process free of charge common financial reporting forms as
described in this subsection to be used for application and
reapplication to determine the need and eligibility of a
student for financial assistance under parts A through E
(other than subpart 4 of part A). These forms shall be made
available to applicants in both paper and electronic formats
and shall be referred to as the `Free Application for Federal
Student Aid' or the `FAFSA' . The Secretary shall work to
make the FAFSA consumer-friendly and to make questions on the
FAFSA easy for students and parents to read and understand,
and shall ensure that the FAFSA is available in formats
accessible to individuals with disabilities.
``(2) Early estimates.--The Secretary shall--
``(A) permit applicants to enter data in such forms as
described in this subsection in the years prior to enrollment
in order to obtain a non-binding estimate of the applicant's
family contribution (as defined in section 473);
``(B) permit applicants to update information submitted on
forms described in this subsection, without needing to re-
enter previously submitted information;
``(C) develop a means to inform applicants, in the years
prior to enrollment, of student aid options for individuals
in similar financial situations; and
``(D) develop a means to provide a clear and conspicuous
notice that the applicant's expected family contribution is
subject to change and may not reflect the final expected
family contribution used to determine Federal student
financial aid award amounts.
``(3) Paper format.--
``(A) In general.--The Secretary shall produce, distribute,
and process common forms in paper format to meet the
requirements of paragraph (1). The Secretary shall develop a
common paper form for applicants who do not meet the
requirements of subparagraph (B).
``(B) EZ fafsa.--
``(i) In general.--The Secretary shall develop and use a
simplified paper application form, to
[[Page 1668]]
be known as the EZ FAFSA, to be used for applicants meeting
the requirements of subsections (b) and (c) of section 479.
``(ii) Reduced data requirements.--The EZ FAFSA shall
permit an applicant to submit for financial assistance
purposes, only the data elements required to make a
determination of whether the applicant meets the requirements
under subsections (b) and (c) of section 479.
``(iii) State data.--The Secretary shall include on the EZ
FAFSA such data items as may be necessary to award State
financial assistance, as provided under paragraph (6), except
that the Secretary shall not include a State's data if that
State does not permit its applicants to use the EZ FAFSA for
State assistance.
``(iv) Free availability and processing.--The provisions of
paragraph (7) shall apply to the EZ FAFSA, and the data
collected by means of the EZ FAFSA shall be available to
institutions of higher education, guaranty agencies, and
States in accordance with paragraph (9).
``(v) Testing.--The Secretary shall conduct appropriate
field testing on the EZ FAFSA.
``(C) Promoting the use of electronic fafsa.--
``(i) In general.--The Secretary shall make all efforts to
encourage all applicants to utilize the electronic forms
described in paragraph (4).
``(ii) Maintenance of the fafsa in a printable electronic
file.--The Secretary shall maintain a version of the paper
forms described in subparagraphs (A) and (B) in a printable
electronic file that is easily portable. The printable
electronic file will be made easily accessible and
downloadable to students on the same website used to provide
students with the electronic application forms described in
paragraph (4) of this subsection. The Secretary shall enable
students to submit a form created under this subparagraph
that may be downloaded and printed from an electronic file
format in order to meet the filing requirements of this
section and in order to receive aid from programs under this
title.
``(iii) Reporting requirement.--The Secretary shall report
annually to Congress on the impact of the digital divide on
students completing applications for title IV aid described
under this paragraph and paragraph (4). The Secretary will
also report on the steps taken to eliminate the digital
divide and reduce production of the paper form described in
subparagraph (A) of this paragraph. The Secretary's report
will specifically address the impact of the digital divide on
the following student populations: independent students,
traditionally underrepresented students, and dependent
students.
``(4) Electronic format.--
``(A) In general.--The Secretary shall produce, distribute,
and process common forms in electronic format to meet the
requirements of paragraph (1). The Secretary shall develop
common electronic forms for applicants who do not meet the
requirements of subparagraph (C) of this paragraph.
``(B) State data.--The Secretary shall include on the
common electronic forms space for information that needs to
be entered for the applicant to be eligible for State
financial assistance, as provided under paragraph (6), except
the Secretary shall not require applicants to enter data
required by any State other than the applicant's State of
residence.
``(C) Simplified applications: fafsa on the web.--
``(i) In general.--The Secretary shall develop and use a
simplified electronic application form to be used by
applicants meeting the requirements under subsections (b) and
(c) of section 479.
``(ii) Reduced data requirements.--The simplified
electronic application forms shall permit an applicant to
submit for financial assistance purposes, only the data
elements required to make a determination of whether the
applicant meets the requirements under subsection (b) or (c)
of section 479.
``(iii) State data.--The Secretary shall include on the
simplified electronic application forms such data items as
may be necessary to award State financial assistance, as
provided under paragraph (6), except that the Secretary shall
not require applicants to enter data required by any State
other than the applicant's State of residence.
``(iv) Availability and processing.--The data collected by
means of the simplified electronic application forms shall be
available to institutions of higher education, guaranty
agencies, and States in accordance with paragraph (9).
``(v) Testing.--The Secretary shall conduct appropriate
field testing on the forms developed under this subparagraph.
``(D) Use of forms.--Nothing in this subsection shall be
construed to prohibit the use of the forms developed by the
Secretary pursuant to this paragraph by an eligible
institution, eligible lender, guaranty agency, State grant
agency, private computer software provider, a consortium
thereof, or such other entities as the Secretary may
designate.
``(E) Privacy.--The Secretary shall ensure that data
collection under this paragraph complies with section 552a of
title 5, United States Code, and that any entity using the
electronic version of the forms developed by the Secretary
pursuant to this paragraph shall maintain reasonable and
appropriate administrative, technical, and physical
safeguards to ensure the integrity and confidentiality of the
information, and to protect against security threats, or
unauthorized uses or disclosures of the information provided
on the electronic version of the forms. Data collected by
such electronic version of the forms shall be used only for
the application, award, and administration of aid awarded
under this title, State aid awarded under section 415C, or
aid awarded by eligible institutions or such entities as the
Secretary may designate. No data collected by such electronic
version of the forms shall be used for making final aid
awards under this title until such data have been processed
by the Secretary or a contractor or designee of the
Secretary, except as may be permitted under this title.
``(F) Signature.--Notwithstanding any other provision of
this Act, the Secretary may permit an electronic form under
this paragraph to be submitted without a signature, if a
signature is subsequently submitted by the applicant or if
the applicant uses a personal identification number provided
by the Secretary under subparagraph (G) of this paragraph.
``(G) Personal identification numbers authorized.--The
Secretary may assign to applicants personal identification
numbers--
``(i) to enable the applicants to use such numbers in lieu
of a signature for purposes of completing a form under this
paragraph;
``(ii) to enable the applicants to use such numbers in lieu
of a signature for purposes of completing forms required by
States under section 415C; and
``(iii) for any purpose determined by the Secretary to
enable the Secretary to carry out this title.
``(H) Personal identification number improvement.--The
Secretary shall implement a real-time data match between the
Social Security Administration and the Department to minimize
the time required for an applicant to obtain a personal
identification number when applying for aid under this title
through an electronic version of a form developed under this
paragraph.
``(5) Streamlining.--
``(A) Streamlined reapplication process.--
``(i) In general.--The Secretary shall develop streamlined
reapplication forms and processes, including both paper and
electronic reapplication processes, consistent with the
requirements of this subsection, for an applicant who applies
for financial assistance under this title in the next
succeeding academic year subsequent to the year in which such
applicant first applied for financial assistance under this
title.
``(ii) Mechanisms for reapplication.--The Secretary shall
develop appropriate mechanisms to support reapplication.
``(iii) Identification of updated data.--The Secretary
shall determine, in cooperation with States, institutions of
higher education, agencies, and organizations involved in
student financial assistance, the data elements that can be
updated from the previous academic year's application.
``(iv) Reduced data authorized.--Nothing in this title
shall be construed as limiting the authority of the Secretary
to reduce the number of data elements required of
reapplicants.
``(v) Zero family contribution.--Applicants determined to
have a zero family contribution pursuant to section 479(c)
shall not be required to provide any financial data in a
reapplication form, except that which is necessary to
determine eligibility under such section.
``(B) Reduction of data elements.--
``(i) Reduction encouraged.--Of the number of data elements
on the FAFSA on the date of enactment of the College
Opportunity and Affordability Act of 2007 (including
questions on the FAFSA for the purposes described in
paragraph (6)), the Secretary, in cooperation with
representatives of agencies and organizations involved in
student financial assistance, shall continue to reduce the
number of such data elements required to be entered by all
applicants, with the goal of reducing such number by 50
percent. Reductions of data elements under paragraph (3)(B),
(4)(C), or (5)(A)(iv) shall not be counted towards such
reduction unless those data elements are reduced for all
applicants.
``(ii) Report.--The Secretary shall submit a report on the
process of this reduction to each the authorizing committees
within 2 years after such date of enactment.
``(6) State requirements.--
``(A) In general.--The Secretary shall include on the forms
developed under this subsection, such State-specific
nonfinancial data items as the Secretary determines are
necessary to meet State requirements for need-based State aid
under section 415C, except as provided in paragraphs
(3)(B)(iii) and (4)(C)(iii) of this subsection. Such items
shall be selected in consultation with State agencies that
submit applications under section 415C in order to assist in
the awarding of State financial assistance in accordance with
the terms of this subsection, except as provided in
paragraphs (3)(B)(iii) and (4)(C)(iii) of this subsection.
The number of such data items shall not be less than the
number included on the form for the 2008-2009 academic year,
unless a State notifies the Secretary that the State no
longer requires those data items for the distribution of
State need-based aid.
``(B) Annual review.--The Secretary shall conduct an annual
review process to determine which forms and nonfinancial data
items the States require to award need-based State aid and
other application requirements that the States may impose.
``(C) State use of simplified forms.--The Secretary shall
encourage States to take such steps as necessary to encourage
the use of simplified application forms, including those
described in paragraphs (3)(B) and (4)(C), to meet the
requirements under subsection (b) or (c) of section 479.
[[Page 1669]]
``(D) Federal register notice.--The Secretary shall publish
on an annual basis a notice in the Federal Register requiring
State agencies to inform the Secretary--
``(i) if the State agency is unable to permit applicants to
utilize the simplified application forms described in
paragraphs (3)(B) and (4)(C); and
``(ii) of the State-specific nonfinancial data that the
State agency requires for delivery of State need-based
financial aid.
``(E) State notification to the secretary.--
``(i) In general.--Each State agency that submits an
application under section 415C shall notify the Secretary--
``(I) whether the State permits an applicant to file a form
described in paragraph (3)(B) or (4)(A) of this subsection
for purposes of determining eligibility for State need-based
grant aid; and
``(II) the State-specific nonfinancial data that the State
agency requires for delivery of State need-based financial
aid.
``(ii) Acceptance of forms.--In the event that a State does
not permit an applicant to file a form described in paragraph
(3)(B) or (4)(A) of this subsection for purposes of
determining eligibility for State need-based grant aid--
``(I) the State shall notify the Secretary if the State is
not permitted to do so because of either State law or because
of agency policy; and
``(II) the notification under subclause (I) shall include
an estimate of the program cost to permit applicants to
complete simplified application forms under paragraphs (3)(B)
and (4)(A) of this subsection.
``(iii) Lack of notification by the state.--If a State does
not notify the Secretary pursuant to clause (i), the
Secretary shall--
``(I) permit residents of that State to complete simplified
application forms under paragraphs (3)(B) and (4)(A) of this
subsection; and
``(II) not require any resident of that State to complete
any nonfinancial data previously required by that State under
this section.
``(7) Charges to students and parents for use of forms
prohibited.--
``(A) Fees prohibited.--The FAFSA, in whatever form
(including the EZ FAFSA, paper, electronic, simplified, or
reapplication), shall be produced, distributed, and processed
by the Secretary and no parent or student shall be charged a
fee for the collection, processing, or delivery of financial
aid through the use of the FAFSA. The need and eligibility of
a student for financial assistance under parts A through E of
this title (other than under subpart 4 of part A) may only be
determined by using the FAFSA developed by the Secretary
pursuant to this subsection. No student may receive
assistance under parts A through E of this title (other than
under subpart 4 of part A), except by use of the FAFSA
developed by the Secretary pursuant to this subsection. No
data collected on a form for which a fee is charged shall be
used to complete the FAFSA.
``(B) Notice.--Any entity that provides to students and
parents, or charges students or parents for, any value-added
services with respect to or in connection with the FAFSA,
such as completion of the FAFSA, submission of the FAFSA, or
tracking of the FAFSA for a student, shall provide to
students and parents clear and conspicuous notice that--
``(i) the FAFSA is a free Federal student aid application;
``(ii) the FAFSA can be completed without professional
assistance; and
``(iii) includes the current Internet address for the FAFSA
on the Department's web site.
``(8) Application processing cycle.--The Secretary shall
enable students to submit a form created under this
subsection in order to meet the filing requirements of this
section and in order to receive aid from programs under this
title and shall initiate the processing of applications under
this subsection as early as practicable prior to October 15
of the year prior to the student's planned year of
enrollment.'';
(2) by adding at the end of subsection (a) the following
paragraph:
``(13) Early application and award demonstration program.--
``(A) Program required.--The Secretary shall, no later than
two years after the date of the enactment of the College
Opportunity and Affordability Act of 2007, implement an early
application demonstration program enabling dependent students
to--
``(i) complete applications under this subsection in such
students' junior year of secondary school, or in the academic
year that is 2 years prior to such students' intended year of
enrollment at an institution of higher education;
``(ii) receive an estimate of such students' financial aid
awards;
``(iii) update, in the year prior to such students' planned
year of enrollment, the information contained in an
application submitted under clause (i), using the process
described in paragraph (5) to determine such students' final
financial aid awards; and
``(iv) receive final financial aid awards based on updated
information described in clause (iii).
``(B) Purpose and objectives.--The purpose of the
demonstration program under this paragraph shall be to
measure the benefits, in terms of student aspirations and
plans to attend college, and the adverse effects, in terms of
program costs, integrity, distribution, and delivery of aid
under this title, of implementing an early application system
for all dependent students that allows dependent students to
apply for financial aid using information from the year prior
to the year prior to enrollment. Additional objectives
associated with implementation of the demonstration program
are the following:
``(i) Measure the feasibility of enabling dependent
students to apply for Federal, State, and institutional
financial aid in their junior year of high school, using
information from the year prior to the year prior to
enrollment, by completing any of the application forms under
this subsection.
``(ii) Identify whether receiving final financial aid
awards no later than the fall of the senior year provides
students with additional time to compete for the limited
resources available for State and institutional financial aid
and positively impacts the college aspirations and plans of
these students.
``(iii) Measure the impact of using income information from
the years prior to enrollment on--
``(I) eligibility for financial aid under this title and
for other State and institutional aid; and
``(II) the cost of financial aid programs under this title.
``(iv) Effectively evaluate the benefits and adverse
effects of the demonstration program on program costs,
integrity, distribution, and delivery of aid.
``(C) Participants.--The Secretary shall select States and
institutions within those States to participate in the
demonstration program under this paragraph that are
participating in the programs under this title and that are
willing to make final financial aid awards to students based
on their application information from the year prior to the
year prior to enrollment. The Secretary shall also select as
participants in the demonstration program secondary schools
and dependent students that are located in the participating
States.
``(D) Application process.--The Secretary shall insure that
the following provisions are included in the demonstration
program:
``(i) Participating States and institutions shall--
``(I) encourage participating students to apply for
estimates of financial aid awards as provided under this
title in such students' junior year of secondary school, or
in the academic year that is 2 years prior to such students'
intended year of enrollment at an institution of higher
education, using the most recent information available; and
``(II) make final financial aid awards to participating
students based on the updated information contained on a form
submitted using the process described in paragraph (5).
``(ii) Financial aid administrators at participating
institutions shall be allowed to use their discretion in
awarding financial aid to participating students, as outlined
under section 479A and section 480(d)(7).
``(E) Evaluation.--The Secretary shall conduct a rigorous
evaluation of this demonstration program in order to measure
its benefits and adverse effects as indicated under
subparagraph (A).
``(F) Outreach.--The Secretary shall make appropriate
efforts in order to notify States of the demonstration
program under this paragraph. Upon determination of
participating States, the Secretary shall continue to make
efforts to notify institutions and dependent students within
participating States of the opportunity to participate in the
demonstration program and of the participation requirements.
``(G) Consultation.--The Secretary shall consult with the
Advisory Committee on Student Financial Assistance,
established under section 491, on the design and
implementation of the demonstration program and on the
evaluation described in subparagraph (E).'';
(3) by striking subsection (b); and
(4) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
(b) Master Calendar.--Section 482(a)(1) (20 U.S.C.
1089(a)(1)) is amended by striking subparagraphs (B) and (C)
and inserting the following:
``(B) by March 1: proposed modifications, updates, and
notices pursuant to sections 478 and 483(a)(6) published in
the Federal Register;
``(C) by June 1: final modifications, updates, and notices
pursuant to sections 478 and 483(a)(6) published in the
Federal Register;''.
(c) Model Institution Financial Aid Offer Form.--
(1) Report and model format.--Not later than 1 year after
the date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall--
(A) prepare a report on the adequacy of the financial aid
offer forms provided by institutions of higher education to
students and the parents of such students, after consulting
with--
(i) students;
(ii) parents of students;
(iii) representatives of institutions of higher education
(including financial aid administrators, registrars, and
business officers); and
(iv) consumer groups that receive no commercial or
institution of higher education support;
(B) include in the report a model format for financial aid
offer forms that--
(i) is based on the report's findings; and
(ii) includes the information described in paragraph (2);
and
(C)(i) submit the report and model format to the
authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003); and
(ii) make the report and model format available to
institutions of higher education, lenders, and the public.
(2) Model format contents.--The model financial aid offer
format developed under paragraph (1) shall present, in a
consumer-friendly manner, the following information:
[[Page 1670]]
(A) The student's cost of attendance for the year for which
the institution of higher education is issuing the financial
aid offer form, including the actual or estimated costs
included in the cost of attendance for such year for each of
the following:
(i) Tuition and fees.
(ii) Room and board costs.
(iii) Books and supplies.
(iv) Transportation.
(B) The amount of financial aid that the student does not
have to repay, such as scholarships and grants, offered to
the student for such year.
(C) The conditions under which the financial aid described
in subparagraph (B) is renewable each year.
(D) The amount of work-study assistance offered to the
student for such year, and the conditions under which the
student has to fulfill the work-study assistance.
(E) The types and amounts of loans under part B, D, or E of
title IV for which the student is eligible for such year, and
the interest rate, loan term, monthly repayment amount, and
total repayment amount of each such loan.
(F) The types and amounts of loans under 428B or Federal
Direct PLUS loans under section 455 for which a parent of the
student is eligible for such year, and the interest rate,
loan term, monthly repayment amount, and total repayment
amount of each such loan.
(G) The net amount that the student or the student's parent
will have to pay to attend the institution for such year,
which amount shall be the difference between--
(i) the cost of attendance for the student for such year;
less
(ii) the amount of financial aid offered by the covered
institution in the financial aid offer form.
(H) Where a student or the student's parent can seek
additional information regarding the financial aid offered.
(I) Any other information the Secretary determines
necessary so that students and parents can make informed
student loan borrowing decisions.
SEC. 483. INCREASING ACCESS TO TECHNOLOGY.
Section 483 (20 U.S.C. 1087ss) is further amended by adding
at the end the following:
``(e) Addressing the Digital Divide.--The Secretary shall
utilize savings accrued by moving more applicants to the
electronic forms described in subsection (a)(4) to improve
access to the electronic forms described in subsection (a)(4)
for applicants meeting the requirements of section 479(b) or
(c).''.
SEC. 484. SENSE OF THE CONGRESS; REPORT.
(a) Sense of Congress.--It is the sense of the Congress
that--
(1) in order to simplify the Free Application for Federal
Student Aid (FAFSA), which serves as an entry point for the
scholarships, grants, loans, and work-study assistance that
make it possible for millions of students to attend college,
the Secretary of Education and the Secretary of the Treasury
should work together to develop a process by which the
Department of Education will, with the aid applicant's
permission, draw income information directly from the
Internal Revenue Service for the purpose of completing the EZ
FAFSA, the FAFSA, and FAFSA renewal applications and
providing early estimates of aid eligibility; and
(2) this process would--
(A) ease the burden of reporting income-related information
for applicants;
(B) increase the efficiency, accuracy, and security of the
FAFSA filing process;
(C) significantly reduce the need for further verification
by the Department of Education, institutions, and applicants;
and
(D) protect the security, privacy, and safety of all data
used in the FAFSA filing process.
(b) Report.--The Secretary of Education shall, within one
year after the date of enactment of this Act--
(1) provide the Congress with information on the progress
in devising the simplified process described in subsection
(a); and
(2) inform the Congress of any necessary statutory changes
for the purpose of increasing the efficiency and
effectiveness of the FAFSA application process.
SEC. 485. STUDENT ELIGIBILITY.
(a) Amendments.--Section 484 (20 U.S.C. 1091) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(B), by striking ``the Republic of the
Marshall Islands, the Federated States of Micronesia, or'';
and
(B) in paragraph (5), by striking ``a citizen of any one of
the Freely Associated States'' and inserting ``or, to the
extent described in subsection (j), a citizen of the Republic
of Palau'';
(2) by amending subsection (j) to read as follows:
``(j) Assistance Under Subpart 1 of Part A for Students
From Palau.--Notwithstanding any other provision of law, a
student shall be eligible until September 30, 2009, for
assistance under subpart 1 of part A if the student is
otherwise qualified and--
``(1) is a citizen of the Republic of Palau and attends an
institution of higher education in a State or a public or
nonprofit private institution of higher education in the
Freely Associated States; or
``(2) meets the requirements of subsection (a)(5) and
attends a public or nonprofit private institution of higher
education in any one of the Freely Associated States.'';
(3) by striking subsection (l) and inserting the following:
``(l) Courses Offered Through Distance Education.--
``(1) Relation to correspondence courses.--
``(A) In general.--A student enrolled in a course of
instruction at an institution of higher education that is
offered principally through distance education and leads to a
recognized certificate, or associate, baccalaureate, or
graduate degree, conferred by such institution, shall not be
considered to be enrolled in correspondence courses.
``(B) Exception.--An institution of higher education
referred to in subparagraph (A) shall not include an
institution or school described in section 3(3)(C) of the
Carl D. Perkins Career and Technical Education Act of 2006.
``(2) Restriction or reductions of financial aid.--A
student's eligibility to receive grants, loans, or work
assistance under this title shall be reduced if a financial
aid officer determines under the discretionary authority
provided in section 479A that distance education results in a
substantially reduced cost of attendance to such student.
``(3) Special rule.--For award years prior to July 1, 2008,
the Secretary shall not take any compliance, disallowance,
penalty, or other action against a student or an eligible
institution when such action arises out of such institution's
prior award of student assistance under this title if the
institution demonstrates to the satisfaction of the Secretary
that its course of instruction would have been in conformance
with the requirements of this subsection.'';
(4) in subsection (r)(2)--
(A) in subparagraph (A), by striking ``or'' at the end of
clause (ii);
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) the student successfully passes two unannounced drug
tests conducted by a drug rehabilitation program that
complies with such criteria as the Secretary shall prescribe
in regulations for purposes of subparagraph (A)(i); or''; and
(5) by adding at the end the following:
``(s) Students With Intellectual Disabilities.--
``(1) In general.--Notwithstanding subsections (a), (c),
and (d), in order to receive any grant or work assistance
under section 401 and subpart 3 of part A and part C of this
title, a student with an intellectual disability shall--
``(A) be an individual with an intellectual disability
whose mental retardation or other significant cognitive
impairment substantially impacts the individual's
intellectual and cognitive functioning;
``(B)(i) be a student eligible for assistance under the
Individuals with Disabilities Education Act who has completed
secondary school; or
``(ii) be an individual who was, but is no longer, eligible
for assistance under the Individuals with Disabilities
Education Act because the individual has exceeded the maximum
age for which the State provides a free appropriate public
education;
``(C) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary education program
that--
``(i) is designed to support students with an intellectual
disability who are seeking to continue academic, vocational,
and independent living instruction at the institution in
order to prepare for gainful employment and independent
living;
``(ii) includes an advising and curriculum structure; and
``(iii) requires students to participate on at least a
half-time basis, as determined by the institution,
including--
``(I) regular enrollment in courses offered by the
institution;
``(II) auditing or participating in courses offered by the
institution for which the student does not receive regular
academic credit;
``(III) enrollment in noncredit, nondegree courses;
``(IV) participation in internships; or
``(V) a combination of 2 or more of the activities
described in clauses (i) through (iv);
``(D) be maintaining satisfactory progress in the program
as determined by the institution, in accordance with
standards established by the institution; and
``(E) meet the requirements of paragraphs (3), (4), (5),
and (6) of subsection (a).
``(2) Regulations.--Notwithstanding rules applicable to
grant or work assistance awards made under section 401 of
part A, subpart 3 of part A, and part C of this title,
including with respect to eligible programs, instructional
time, credit status, and enrollment status as described in
section 481, the Secretary shall promulgate regulations
allowing programs enrolling students with intellectual
disabilities otherwise determined to be eligible under this
subsection to receive such awards.
``(t) Data Analysis on Access to Federal Student Aid For
Certain Populations.--
``(1) Development of the system.--Within one year of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall, in consultation with the Central
Processing System, analyze data from the FAFSA containing
information regarding the number, characteristics, and
circumstances of students denied Federal student aid based on
a drug conviction while receiving Federal aid.
``(2) Results from analysis.--The results from the analysis
of such information shall be made available on a continuous
basis via the Department of Education website and the Digest
of Education and Statistics.
[[Page 1671]]
``(3) Data updating.--The data analyzed under this
subsection shall be updated at the beginning of each award
year and at least one additional time during such award year.
``(4) Report to congress.--The Secretary shall prepare and
submit to the authorizing committees of the Congress, in each
fiscal year, a report describing the results obtained by the
establishment and operation of the data system authorized by
this subsection.''.
(b) Effective Date.--The amendments made by this section
shall take affect on July 1, 2009.
SEC. 486. ASSESSMENT OF COSTS AND OTHER CHARGES.
Section 484A(b) (20 U.S.C. 1091a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in collecting any obligation arising from a loan made
under part E of this title, an institution of higher
education that has an agreement with the Secretary pursuant
to section 463(a) shall not be subject to a defense raised by
any borrower based on a claim of infancy.''.
SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS.
Section 484B(a)(2) (20 U.S.C. 1091b(a)(2)) is amended by
adding at the end the following new subparagraph:
``(C) Readmission requirements for servicemembers.--Any
institution of higher education that requires any student--
``(i) who is a member of the Armed Forces of the United
States, or a member of such Armed Forces in a retired status,
including members of the National Guard or other reserve
component,
``(ii) who is on active duty, or is called or ordered to
active duty (as defined in section 481(d)), and
``(iii) whose attendance at such institution is interrupted
by such active duty,
to apply for readmission to such institution of higher
education after the conclusion of such active duty shall
submit to the Secretary a statement justifying such
requirement.''.
SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION
FOR STUDENTS.
(a) Disclosure of Policies and Sanctions Related to
Copyright Infringement.--Section 485(a)(1) (20 U.S.C.
1092(a)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (N);
(2) by striking the period at the end of subparagraph (O)
and inserting ``; and'' ; and
(3) by adding at the end the following new subparagraph:
``(P) institutional policies and sanctions related to
copyright infringement, including--
``(i) an annual disclosure that explicitly informs students
that unauthorized distribution of copyrighted material,
including unauthorized peer-to-peer file sharing, may subject
the students to civil and criminal liabilities;
``(ii) a summary of the penalties for violation of Federal
copyright laws;
``(iii) a description of the institution's policies with
respect to unauthorized peer-to-peer file sharing, including
disciplinary actions that are taken against students who
engage in unauthorized distribution of copyrighted materials
using the institution's information technology system; and
``(iv) a description of actions that the institution takes
to prevent and detect unauthorized distribution of
copyrighted material on the institution's information
technology system.''.
(b) Criminal Offenses Reported.--Section 485(f)(1) (20
U.S.C. 1092(f)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``, other than a foreign institution of higher education,''
after ``under this title''; and
(2) in subparagraph (F)--
(A) by striking clause (i) and inserting the following:
``(i) of the following criminal offenses reported to campus
security authorities or local police agencies:
``(I) murder;
``(II) sex offenses, forcible or nonforcible;
``(III) robbery;
``(IV) aggravated assault;
``(V) intimidation;
``(VI) burglary;
``(VII) larceny-theft;
``(VIII) motor vehicle theft;
``(IX) destruction, damage, or vandalism of property;
``(X) simple assault;
``(XI) manslaughter;
``(XII) arson; and
``(XIII) arrests or persons referred for campus
disciplinary action for liquor law violations, drug-related
violations, and weapons possession; and''; and
(B) in clause (ii), by striking ``of the crimes described
in subclauses (I) through (VIII)'' and inserting ``for
degree-granting institutions only, of the crimes described in
subclauses (I) through (XII)''; and
(3) by adding at the end the following new subparagraph:
``(J) A statement of current campus policies regarding
immediate emergency response and evacuation procedures,
including the use of electronic and cellular communication
(if appropriate), which shall include procedures--
``(i) to notify the campus community in not more than 30
minutes in the event of a significant emergency or dangerous
situation, involving an immediate threat to the health or
safety of students or staff, occurring on the campus, in or
on noncampus buildings or property, and on public property;
``(ii) to publicize emergency response and evacuation
procedures on an annual basis in a manner designed to reach
students and staff; and
``(iii) to test emergency response and evacuation
procedures on an annual basis.''.
(c) Additional Amendment.--Section 485(f) is further
amended--
(1) by redesignating paragraph (15) as paragraph (18); and
(2) by inserting after paragraph (14) the following:
``(15) Compliance report.--The Secretary shall annually
report to the authorizing committees regarding compliance
with this subsection by institutions of higher education,
including an up-to-date report on the Secretary's monitoring
of such compliance.
``(16) Best practices.--The Secretary may seek the advice
and counsel of the Attorney General concerning the
development, and dissemination to institutions of higher
education, of best practices information about campus safety
and emergencies.
``(17) Retaliation prohibited.--No participating
institution or officer, employee, or agent of the institution
shall intimidate, threaten, coerce, or otherwise discriminate
against any individual for the purpose of interfering with
the implementation of any provision of this subsection, or
any rights or privileges accorded under this subsection, or
because the individual has complained, testified, assisted,
or otherwise participated in any aspect of an investigation,
proceeding, or hearing.''.
(d) Additional Requirements.--Section 485 (20 U.S.C. 1092)
is amended by adding at the end the following new
subsections:
``(h) Transfer of Credit Policies.--
``(1) Disclosure.--Each institution of higher education
participating in any program under this title shall publicly
disclose in a readable and comprehensible manner the transfer
of credit policies established by the institution which shall
include a statement of the institution's current transfer of
credit policies that includes, at a minimum--
``(A) any established criteria the institution uses
regarding the transfer of credit earned at another
institution of higher education; and
``(B) a list of institutions of higher education with which
the institution has established an articulation agreement.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to--
``(A) authorize the Secretary or the National Advisory
Committee on Institutional Quality and Integrity to require
particular policies, procedures, or practices by institutions
of higher education with respect to transfer of credit;
``(B) authorize an officer or employee of the Department to
exercise any direction, supervision, or control over the
curriculum, program of instruction, administration, or
personnel of any institution of higher education, or over any
accrediting agency or association;
``(C) limit the application of the General Education
Provisions Act; or
``(D) create any legally enforceable right on the part of a
student to require an institution of higher education to
accept a transfer of credit from another institution.
``(i) Disclosure of Fire Safety Standards and Measures.--
``(1) Annual fire safety reports on student housing
required.--Each eligible institution participating in any
program under this title that maintains on-campus student
housing facilities shall, on an annual basis, publish a fire
safety report, which shall contain information with respect
to the campus fire safety practices and standards of that
institution, including--
``(A) statistics concerning the following in each on-campus
student housing facility during the most recent calendar
years for which data are available:
``(i) the number of fires and the cause of each fire;
``(ii) the number of injuries related to a fire that result
in treatment at a medical facility;
``(iii) the number of deaths related to a fire; and
``(iv) the value of property damage caused by a fire;
``(B) a description of each on-campus student housing
facility fire safety system, including the fire sprinkler
system;
``(C) the number of regular mandatory supervised fire
drills;
``(D) policies or rules on portable electrical appliances,
smoking, and open flames (such as candles), procedures for
evacuation, and policies regarding fire safety education and
training programs provided to students, faculty, and staff;
and
``(E) plans for future improvements in fire safety, if
determined necessary by such institution.
``(2) Report to the secretary.--Each eligible institution
participating in any program under this title shall, on an
annual basis submit to the Secretary a copy of the statistics
required to be made available under subparagraph (A).
``(3) Current information to campus community.--Each
institution participating in any program under this title
shall--
``(A) make, keep, and maintain a log, recording all fires
in on-campus student housing facilities, including the
nature, date, time, and general location of each fire; and
``(B) make annual reports to the campus community on such
fires.
``(4) Responsibilities of the secretary.--The Secretary
shall--
[[Page 1672]]
``(A) make such statistics submitted to the Secretary
available to the public; and
``(B) in coordination with nationally recognized fire
organizations and representatives of institutions of higher
education, representatives of associations of institutions of
higher education, and other organizations that represent and
house a significant number of students--
``(i) identify exemplary fire safety policies, procedures,
programs, and practices;
``(ii) disseminate information to the Administrator of the
United States Fire Administration;
``(iii) make available to the public information concerning
those policies, procedures, programs, and practices that have
proven effective in the reduction of fires; and
``(iv) develop a protocol for institutions to review the
status of their fire safety systems.
``(5) Rules of construction.--Nothing in this subsection
shall be construed to--
``(A) authorize the Secretary to require particular
policies, procedures, programs, or practices by institutions
of higher education with respect to fire safety, other than
with respect to the collection, reporting, and dissemination
of information required by this subsection;
``(B) affect the Family Educational Rights and Privacy Act
of 1974 or the regulations issued under section 264 of the
Health Insurance Portability and Accountability Act of 1996
(42 U.S.C. 1320d-2 note);
``(C) create a cause of action against any institution of
higher education or any employee of such an institution for
any civil liability; or
``(D) establish any standard of care.
``(6) Compliance report.--The Secretary shall annually
report to the authorizing committees regarding compliance
with this subsection by institutions of higher education,
including an up-to-date report on the Secretary's monitoring
of such compliance.
``(7) Evidence.--Notwithstanding any other provision of
law, evidence regarding compliance or noncompliance with this
subsection shall not be admissible as evidence in any
proceeding of any court, agency, board, or other entity,
except with respect to an action to enforce this subsection.
``(8) Retaliation prohibited.--No participating institution
or officer, employee, or agent of the institution shall
intimidate, threaten, coerce, or otherwise discriminate
against any individual for the purpose of interfering with
the implementation of any provision of this subsection, or
any rights or privileges accorded under this subsection, or
because the individual has complained, testified, assisted,
or otherwise participated in any aspect of an investigation,
proceeding, or hearing.
``(j) Missing Person Procedures.--
``(1) Form and protocols.--Each institution of higher
education participating in any program under this title
shall--
``(A) include on its form for registration or enrollment of
students an item in which the student can elect to identify
an individual to be notified and police to be notified by the
university within 24 hours of when a student is reported
missing to the university, and
``(B) establish protocols for missing students that--
``(i) require any missing person report relating to any
student be referred to the institution's police or campus
security department; and
``(ii) if, on investigation of the report, such department
determines that the missing person has been missing for more
than 24 hours, require--
``(I) such department to refer to the item on the
registration document required under subparagraph (A) and
contact the individual named by the student in such item; and
``(II) if the student is under 18 years of age, the
institution of higher education to automatically contact the
parents of such student.
``(2) Waiver.--The item required by paragraph (1)(A) shall
explicitly and prominently state that by identifying an
individual to contact in the case of disappearance, the
student waives any right to sue based on Federal or State
privacy law in the event that a missing persons notification
is made to the individual named by such student in such item.
``(3) Additional remedies permitted.--Nothing in this
subsection shall be construed to prevent or discourage an
institution of higher education from taking additional
measures with respect to missing students beyond those
required by this subsection.
``(k) Notice to Students Concerning Penalties for Drug
Violations.--Each institution of higher education shall
provide to each student, upon enrollment, a separate, clear,
and conspicuous written notice that advises the student of
the penalties under section 484(r).''.
SEC. 489. ARTICULATION AGREEMENTS.
Part G of title IV is amended by inserting after section
486 (20 U.S.C. 1093) the following new section:
``SEC. 486A. ARTICULATION AGREEMENTS.
``(a) Program To Encourage Articulation Agreements.--
``(1) Program requirements.--The Secretary shall carry out
a program for States, in cooperation with public institutions
of higher education, to develop, enhance, and implement
comprehensive articulation agreements among such institutions
in a State, and (to the extent practicable) across State
lines, by 2010. Such articulation agreements shall be made
widely and publicly available on the websites of States and
institutions, and on the application materials of such
institutions. In developing, enhancing, and implementing
articulation agreements, States and public institutions of
higher education may employ strategies, where applicable,
including--
``(A) common course numbering;
``(B) a general education core curriculum;
``(C) developing or expanding articulation agreements that
include both public and private institutions of higher
education; and
``(D) other strategies identified by the Secretary.
``(2) Technical assistance provided.--The Secretary shall
provide technical assistance to States and institutions of
higher education for the purposes of developing and
implementing articulation agreements in accordance with this
subsection.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to limit the academic freedom or choices
of institutions of higher education.
``(b) Study Required.--The Secretary shall conduct a study
to review the articulation agreements at State-based college
and university systems, including junior or community
colleges, as well as those at other institutions of higher
education, including private non-profit and for-profit
institutions. Such study shall consider--
``(1) the extent to which States and institutions have
developed and implemented articulation agreements;
``(2) with respect to the articulation agreements
developed--
``(A) the number and types of institutions participating
the programs offered;
``(B) the cost-savings to the participating institutions
and to the students;
``(C) what strategies are being employed, including common
course numbering and general education core curriculum;
``(D) the effective use of technologies to contain costs,
maintain quality of instruction, and inform students; and
``(E) a description of the students to whom the
articulation agreements are offered and, to the extent
practicable, a description of the students who take advantage
of the articulation agreements;
``(3) best practices and innovative strategies employed to
implement effective articulation agreements; and
``(4) barriers to the implementation of articulation
agreements, including technological and informational
barriers.
``(c) Report.--The Secretary shall submit to the
authorizing committees an interim report on the study
required by this section not later than 2 years after the
date of enactment of the College Opportunity and
Affordability Act of 2007 and a final report on such study
not later than January 1, 2013.
``(d) Definition.--In this section, the term `articulation
agreement' means an agreement between institutions of higher
education that specifies the acceptability of courses in
transfer toward meeting specific degree requirements.''.
SEC. 490. PROGRAM PARTICIPATION AGREEMENTS.
(a) Additional Requirements.--Section 487(a) (20 U.S.C.
1094(a)) is amended--
(1) by adding at the end of paragraph (23) the following
new subparagraph:
``(D) The institution shall be considered in compliance
with the requirements of subparagraph (A) for each student to
whom the institution electronically transmits a message
containing a voter registration form acceptable for use in
the State in which the institution is located, or an Internet
address where such a form can be downloaded, provided such
information is in an electronic message devoted exclusively
to voter registration.''; and
(2) by adding at the end the following new paragraphs:
``(24)(A) A covered institution that has entered into a
preferred lender arrangement will compile, maintain, and make
available for students attending the institution (or the
parents of such students) a list, in print or any other
medium, of the specific lenders for educational loans that
the institution recommends, promotes, or endorses in
accordance with such preferred lender arrangement. In
compiling, maintaining, and making available such list, the
institution will--
``(i) clearly and fully disclose on such list--
``(I) no less than the information required to be disclosed
in the model disclosure form, or updated model disclosure
form, required under section 153;
``(II) why the institution has entered into a preferred
lender arrangement with each listed lender, particularly with
respect to terms and conditions favorable to the borrower;
and
``(III) that the students attending the institution (or the
parents of such students) do not have to borrow from a listed
lender;
``(ii) ensure, through the use of the list provided by the
Secretary under subparagraph (B), that--
``(I) there are not less than 3 lenders of loans made under
part B that are not affiliates of each other included on such
list and, if the institution recommends, promotes, or
endorses private educational loans, there are not less than 2
lenders of private educational loans that are not affiliates
of each other included on such list;
``(II) the list under this subparagraph--
``(aa) specifically indicates, for each listed lender,
whether the lender is or is not an affiliate of each other
lender on the list; and
``(bb) if a lender is an affiliate of another lender on the
list, describes the details of such affiliation;
``(iii) prominently disclose the method and criteria used
by the institution in selecting lenders with which to enter
into preferred lender arrangements to ensure that such
lenders are selected on the basis of the benefits provided to
borrowers, including--
[[Page 1673]]
``(I) highly competitive interest rates, terms, or
conditions of Federal and private educational loans;
``(II) high-quality servicing for such loans; or
``(III) additional benefits beyond the standard terms and
conditions for such loans;
``(iv) exercise a duty of care and a duty of loyalty to
compile the list under this subparagraph without prejudice
and for the sole benefit of the students attending the
institution (or the parents of such students);
``(v) not deny or otherwise impede the borrower's choice of
a lender or cause unnecessary delays in loan certification
under this title for those borrowers who choose a lender that
has not been recommended, promoted, or endorsed by the
institution; and
``(vi) comply with such other requirements as the Secretary
may prescribe by regulation.
``(B) The Secretary shall maintain and update a list of
lender affiliates of all eligible lenders, and shall provide
such list to the institutions for use in carrying out
subparagraph (A).
``(C) For the purposes of subparagraph (A)--
``(i) the term `affiliate' means a person that controls, is
controlled by, or is under common control with another
person;
``(ii) a person controls, is controlled by, or is under
common control with another person if--
``(I) the person directly or indirectly, or acting through
1 or more others, owns, controls, or has the power to vote 5
percent or more of any class of voting securities of such
other person;
``(II) the person controls, in any manner, the election of
a majority of the directors or trustees of such other person;
or
``(III) the Secretary determines (after notice and
opportunity for a hearing) that the person directly or
indirectly exercises a controlling interest over the
management or policies of such other person;
``(iii) the term `preferred lender arrangement' has the
meaning provided in section 151; and
``(iv) the term `educational loans' has the meaning
provided in section 151, except that such term does not
include loans under section 499(b) or under parts D or E of
this title.
``(25) The institution will submit to the Secretary
annually, in such form as the Secretary may prescribe, data
on--
``(A) the number and percentage of students taking classes
in whole or in part on-line or through distance education;
``(B) of such students, the number and percentage of those
taking their classes exclusively on-line or through distance
education; and
``(C) the number and percentage of courses offered by the
institution that are offered on-line or through distance
education.''.
(b) Reports on Disciplinary Proceedings.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding after paragraph (25), as added by
subsection (a) of this section, the following new paragraph:
``(26) The institution will, upon request, disclose to the
alleged victim of any crime of violence (as that term is
defined in section 16 of title 18), or a nonforcible sex
offense, the final results of any disciplinary proceeding
conducted by such institution against a student who is the
alleged perpetrator of such crime or offense with respect to
such crime or offense. If the alleged victim of such crime or
offense is deceased, the next of kin of such victim shall be
treated as the alleged victim for purposes of this
paragraph.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to any disciplinary proceeding
conducted by such institution on or after one year after the
date of enactment of this Act.
(c) Enforcing the 90/10 Rule.--
(1) Amendment.--Section 487(a) (20 U.S.C. 1094(a)) is
further amended by adding at the end the following new
paragraph:
``(27) A proprietary institution of higher education (as
defined in section 102(b)) will, as calculated in accordance
with subsection (f)(1) of this section, have not less than 10
percent of its revenues from sources other than funds
provided under this title, or will be subject to the
sanctions described in subsection (f)(2) of this section.''.
(2) Implementation.--Section 487 is further amended by
adding at the end the following new subsection:
``(f) Implementation of Non-Title IV Revenue Requirement.--
``(1) Calculation.--In carrying out subsection (a)(27), a
proprietary institution of higher education shall--
``(A) use the cash basis of accounting;
``(B) consider as revenue only those funds generated by the
institution from--
``(i) tuition, fees, and other institutional charges for
students enrolled in programs eligible for assistance under
this title;
``(ii) activities conducted by the institution, to the
extent not included in tuition, fees, and other institutional
charges, that are necessary for the education or training of
its students who are enrolled in programs eligible for
assistance under this title, if such activities are--
``(I) conducted on campus or at a facility under the
control of the institution;
``(II) performed under the supervision of a member of the
institution's faculty; and
``(III) required to be performed by all students in a
specific educational program at the institution; and
``(iii) funds paid by a student, or on behalf of a student
by a party other than the institution, for an education or
training program that is not eligible for funds under this
title, provided that the program is approved or licensed by
the appropriate State agency and is accredited by an
accrediting agency recognized by the Secretary;
``(C) presume that any title IV program funds disbursed or
delivered to or on behalf of a student will be used to pay
the student's tuition, fees, or other institutional charges,
regardless of whether the institution credits those funds to
the student's account or pays those funds directly to the
student, except to the extent that the student's tuition,
fees, or other institutional charges are satisfied by--
``(i) grant funds provided by non-Federal public agencies
or private sources independent of the institution;
``(ii) funds provided under a contractual arrangement with
Federal, State, or local government agencies for the purpose
of providing job training to low-income individuals who are
in need of that training; or
``(iii) funds used by a student from savings plans for
educational expenses established by or on behalf of the
student and which qualify for special tax treatment under the
Internal Revenue Code of 1986, provided that the institution
can reasonable demonstrate such funds were used to pay the
student's tuition, fees, or other institutional charges;
``(D) include institutional aid as revenue to the school
only as follows:
``(i) in the case of institutional loans, only the amount
of loan repayments received during the fiscal year; and
``(ii) in the case of institutional scholarships, only
those provided by the institution in the form of monetary aid
or tuition discounts based upon the academic achievements or
financial need of students, disbursed during the fiscal year
from an established restricted account, and only to the
extent that funds in that account represent designated funds
from an outside source or from income earned on those funds;
``(E) exclude from revenues--
``(i) the amount of funds it received under the Federal
Work-Study program, unless the institution used those funds
to pay a student's institutional charges;
``(ii) the amount of funds it received under the Leveraging
Education Assistance Partnership program;
``(iii) the amount of institutional funds it used to match
title IV program funds;
``(iv) the amount of title IV program funds that must be
refunded or returned; or
``(v) the amount charged for books, supplies, and equipment
unless the institution includes that amount as tuition, fees,
or other institutional charges.
``(2) Sanctions.--
``(A) An institution that fails to meet the requirements of
subsection (a)(27) for 2 consecutive fiscal years shall
become ineligible to participate in the programs authorized
by this title. To regain eligibility to participate in the
programs authorized by this title, an institution that loses
its eligibility as a sanction under this subparagraph must
demonstrate compliance with all eligibility requirements for
at least the 3 fiscal years following the fiscal year the
institution became ineligible.
``(B) In addition to such other means of enforcing the
requirements of this title as may be available to the
Secretary, if an institution fails to meet the requirements
of subsection (a)(27) in any fiscal year, the Secretary shall
impose sanctions on the institution, which shall include--
``(i) placing the institution on provisional certification
in accordance with section 498(h) until the institution
demonstrates, to the satisfaction of the Secretary, that it
is in compliance with subsection (a)(27);
``(ii) requiring the institution to provide to the
Secretary satisfactory evidence of its financial
responsibility in accordance with section 498(c)(3); and
``(iii) requiring such other increased monitoring and
reporting requirements as the Secretary determines necessary
until the institution demonstrates, to the satisfaction of
the Secretary, that it is in compliance with subsection
(a)(27).
``(3) Publication on college navigator website.--The
Secretary shall publicly disclose the identity of any
institution that fails to meet the requirements of subsection
(a)(27) on the College Navigator website.
``(4) Report to congress.--The Secretary shall annually
submit to the authorizing committees a report that contains,
for each institution subject to the requirement of subsection
(a)(27), the result of the calculation of revenue performed
by each such institution pursuant to such subsection and
paragraph (1) of this subsection.''.
(d) Computer Disposal.--Section 487(a) is further amended
by adding at the end the following new paragraph:
``(28)(A) The institution of higher education will
establish a policy on the disposal or disposition (including
selling, donating, returning upon lease end, or destroying by
recycling), of all technology assets which may have personal
and sensitive data of students. Such policy may include a
forensic scrub that ensures total destruction of data on the
technology assets and include a designated for disposal or
disposition, transfer ownership and liability from that
institution to State and federally approved recyclers or de-
manufacturers of such equipment.
``(B) For purposes of this paragraph, the term `technology
assets' means a computer central processing unit, monitor,
printer, router, server, peripheral devices (such as
switches, hubs, and systems), firewalls, telephones, or other
simple network devices or single piece of information
technology equipment.''.
(e) Audits; Financial Responsibility; Enforcement of
Standards.--Section 487(c)(1)(A) (20 U.S.C. 1094(c)(1)(A)) is
amended--
[[Page 1674]]
(1) in clause (i)--
(A) by striking ``clauses (ii) and (iii)'' and inserting
``clauses (ii), (iii), and (iv)''; and
(B) by inserting before the semicolon at the end the
following: ``, except that the Secretary may modify the
requirements of this clause with respect to institutions of
higher education that are foreign institutions, and may waive
such requirements with respect to a foreign institution whose
students receive less than $500,000 in loans under this title
during the award year preceding the audit period'';
(2) in clause (ii), by striking ``or'' after the semicolon;
(3) in clause (iii), by inserting ``or'' after the
semicolon; and
(4) by inserting after clause (iii) the following new
clause:
``(iv) with respect to an eligible institution that is
audited under clause (i), and for which it is determined
through such audit that the percentage of students enrolled
at the institution who were accepted for enrollment and made
eligible for student financial assistance under this title by
way of section 484(d)(2) exceeds 5 percent of the total
enrollment of the institution for such academic year, an
additional review to confirm that the institution is in
compliance with the regulations prescribed by the Secretary
under section 484(d);''.
SEC. 491. REGULATORY RELIEF AND IMPROVEMENT.
Section 487A(b) (20 U.S.C. 1094a(b)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall continue the
voluntary participation of any experimental sites in
existence as of July 1, 2007, unless the Secretary determines
that such site's participation has not been successful in
carrying out the purposes of this section. Any activities
approved by the Secretary prior to such date that have not
been successful in carrying out the purposes of this section
shall be discontinued not later than June 30, 2009.'';
(2) by striking the matter preceding paragraph (2)(A) and
inserting the following:
``(2) Report.--The Secretary shall review and evaluate the
experience of institutions participating as experimental
sites and shall, on a biennial basis, submit a report based
on the review and evaluation to the authorizing committees.
Such report shall include--''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``Upon the submission of the report
required by paragraph (2), the'' and inserting ``The''; and
(ii) by inserting ``periodically'' after ``authorized to'';
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(D) in subparagraph (B) (as redesignated by subparagraph
(C))--
(i) by inserting ``, including requirements related to the
award process and disbursement of student financial aid (such
as innovative delivery systems for modular or compressed
courses, or other innovative systems), verification of
student financial aid application data, entrance and exit
interviews, or other management procedures or processes as
determined in the negotiated rulemaking process under section
492'' after ``requirements in this title'';
(ii) by inserting ``(other than an award rule related to an
experiment in modular or compressed schedules)'' after
``award rules''; and
(iii) by inserting ``unless the waiver of such provisions
is authorized by another provision under this title'' before
the period at the end.
SEC. 492. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSISTANCE.
Section 491 (20 U.S.C. 1098) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (B), by striking ``and'' after the
semicolon;
(B) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(D) to provide knowledge and understanding of early
intervention programs and make recommendations that will
result in early awareness by low- and moderate-income
students and families of their eligibility for assistance
under this title, and, to the extent practicable, their
eligibility for other forms of State and institutional need-
based student assistance; and
``(E) to make recommendations that will expand and improve
partnerships among the Federal Government, States,
institutions, and private entities to increase the awareness
and total amount of need-based student assistance available
to low- and moderate-income students.'';
(2) in subsection (d)--
(A) in paragraph (6), by striking ``, but nothing in this
section shall authorize the committee to perform such
studies, surveys, or analyses'';
(B) in paragraph (8), by striking ``and'' after the
semicolon;
(C) by redesignating paragraph (9) as paragraph (10); and
(D) by inserting after paragraph (8) the following:
``(9) monitor the adequacy of total need-based aid
available to low- and moderate-income students from all
sources, assess the implications for access and persistence,
and report those implications annually to Congress and the
Secretary; and'';
(3) in subsection (j)(1)--
(A) by inserting ``and simplification'' after ``delivery
processes''; and
(B) by striking ``, including the implementation of a
performance-based organization within the Department, and
report to Congress regarding such modernization on not less
than an annual basis''; and
(4) in subsection (k), by striking ``2004'' and inserting
``2011''.
SEC. 493. NEGOTIATED RULEMAKING.
Section 492(b)(1) (20 U.S.C. 1098a(b)(1)) is amended by
striking ``from individuals nominated by groups described in
subsection (a)(1)'' and inserting ``from individuals who are
nominated by groups described in subsection (a)(1) and who
have recognized legitimacy as designated representatives of
major stakeholders, sectors, and constituencies in the higher
education community''.
SEC. 494. TECHNICAL AMENDMENT.
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by
striking ``or is already in default''.
SEC. 495. CAMPUS-BASED DIGITAL THEFT PREVENTION.
Part G of title IV (20 U.S.C. 1088 et seq.) is further
amended by adding at the end the following new section:
``SEC. 494. CAMPUS-BASED DIGITAL THEFT PREVENTION.
``(a) In General.--Each eligible institution participating
in any program under this title shall to the extent
practicable--
``(1) make publicly available to their students and
employees, the policies and procedures related to the illegal
downloading and distribution of copyrighted materials
required to be disclosed under section 485(a)(1)(P); and
``(2) develop a plan for offering alternatives to illegal
downloading or peer-to-peer distribution of intellectual
property as well as a plan to explore technology-based
deterrents to prevent such illegal activity.
``(b) Grants.--
``(1) Program authority.--The Secretary may make grants to
institutions of higher education, or consortia of such
institutions, and enter into contracts with such
institutions, consortia, and other organizations, to develop,
implement, operate, improve, and disseminate programs of
prevention, education, and cost-effective technological
solutions, to reduce and eliminate the illegal downloading
and distribution of intellectual property. Such grants or
contracts may also be used for the support of a higher
education centers that will provide training, technical
assistance, evaluation, dissemination, and associated
services and assistance to the higher education community as
determined by the Secretary and institutions of higher
education.
``(2) Awards.--Grants and contracts shall be awarded under
paragraph (1) on a competitive basis.
``(3) Applications.--An institution of higher education or
a consortium of such institutions that desires to receive a
grant or contract under paragraph (1) shall submit an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require by regulation.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as may be necessary for fiscal year 2009 and for
each of the 4 succeeding fiscal years.''.
PART H--PROGRAM INTEGRITY
SEC. 496. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION.
(a) Amendments.--Section 496 (20 U.S.C. 1099b) is amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) by striking ``(4) such agency'' and insert ``(4)(A)
such agency'';
(ii) by inserting ``and'' after the semicolon at the end;
and
(iii) by adding at the end the following new subparagraph:
``(B) if such agency or association has or seeks to include
within its scope of recognition the evaluation of the quality
of institutions or programs offering distance education, such
agency or association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the Secretary
that--
``(i) the agency or association's standards effectively
address the quality of an institution's distance education in
the areas identified in paragraph (5), except that the agency
or association shall not be required to have separate
standards, procedures or policies for the evaluation of
distance education institutions or programs in order to meet
the requirements of this subparagraph; and
``(ii) the agency or association requires an institution
that offers distance education to have processes through
which the institution establishes that the student who
registers in a distance education course or program is the
same student who participates in and completes the program
and receives the academic credit;'';
(B) by striking paragraph (6) and inserting the following:
``(6) such agency or association shall establish and apply
review procedures throughout the accrediting process,
including evaluation and withdrawal proceedings which comply
with due process procedures that provide for--
``(A) adequate specification of requirements, including
clear and consistent standards for an institution to be
accredited, and deficiencies at the institution of higher
education or program examined;
``(B) an opportunity for a written response by any such
institution to be included, prior to final action, in the
evaluation and withdrawal proceedings;
[[Page 1675]]
``(C) upon the written request of an institution, an
opportunity for the institution to appeal any adverse action,
including denial, withdrawal, suspension, or termination of
accreditation, at a hearing prior to such action becoming
final, before an appeals panel that--
``(i) shall not include current members of the agency or
association's underlying decision-making body that made the
adverse decision; and
``(ii) is subject to a conflict of interest policy; and
``(D) the right to representation by counsel for such an
institution during an appeal of the adverse action;''; and
(C) by striking paragraph (8) and inserting the following:
``(8) such agency or association shall make available to
the public and the State licensing or authorizing agency, and
submit to the Secretary, a summary of agency or association
actions, including--
``(A) the award of accreditation or reaccreditation of an
institution;
``(B) final denial, withdrawal, suspension, or termination
of accreditation, and any findings made in connection with
the action taken, together with the official comments of the
affected institution; and
``(C) any other adverse action taken with respect to an
institution;
``(9) such agency or association confirms, as a part of the
agency or association's review for accreditation or
reaccreditation, that the institution has transfer of credit
policies--
``(A) that are publicly disclosed; and
``(B) that include a statement of the criteria established
by the institution regarding the transfer of credit earned at
another institution of higher education;
``(10) such agency or association reviews and takes into
consideration the institution's response in any review or
determination, and includes in any determination a written
statement addressing the institution's response and stating
the basis for such determination, and a copy of the
institution's response; and
``(11) such agency or association shall not make a
determination or take adverse action based upon an
unpublished or undocumented policy, practice, or
precedent.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, including those
regarding distance education'' after ``their
responsibilities'';
(B) by redesignating paragraphs (2) through (6) as
paragraphs (4) through (8); and
(C) by inserting after paragraph (1) (as amended by
subparagraph (A)) the following:
``(2) monitors the growth of programs at institutions that
are experiencing significant enrollment growth;
``(3) requires an institution to submit a teach-out plan
for approval to the accrediting agency upon the occurrence of
any of the following events:
``(A) the Department notifies the accrediting agency of an
action against the institution pursuant to section 487(d);
``(B) the accrediting agency acts to withdraw, terminate,
or suspend the accreditation of an institution; and
``(C) the institution notifies the accrediting agency that
the institution intends to cease operations;'';
(3) in subsection (g), by adding at the end the following:
``Nothing in this section shall be construed to permit the
Secretary to establish any criteria that specifies, defines,
or prescribes the standards that accrediting agencies or
associations shall use to assess any institution's success
with respect to student achievement.''; and
(4) in subsection (o), by adding at the end the following:
``Notwithstanding any other provision of law, the Secretary
shall not promulgate any regulation with respect to
subsection (a)(5).''.
(b) Additional Amendment.--Section 496(a)(4)(A) as amended
by subsection (a) is further amended by inserting after
``consistently applies and enforces standards'' the
following: ``that respect the stated mission of the
institution of higher education, including religious
missions, and''.
SEC. 497. ACCREDITATION OMBUDSMAN.
Subpart 2 of part H of title IV is amended by inserting
after section 496 (20 U.S.C. 1099b) the following new
section:
``SEC. 497. ACCREDITATION OMBUDSMAN.
``(a) Appointment.--The Assistant Secretary for
Postsecondary Education, in consultation with the Secretary,
shall appoint an Accreditation Ombudsman to provide timely
assistance to institutions of higher education, accrediting
agencies and associations, and other participants in the
accreditation process who may have grievances related to the
functions described in subsection (c).
``(b) Public Information.--The Assistant Secretary for
Postsecondary Education shall disseminate information about
the availability and functions of the Ombudsman to
institutions of higher education, accrediting agencies and
associations, and other participants in the accreditation
process.
``(c) Functions of Ombudsman.--The Ombudsman appointed
under this section shall--
``(1) in accordance with regulations of the Secretary,
receive, review, and attempt to resolve complaints from
institutions of higher education, accrediting agencies and
associations, and other participants in the accreditation
process described in subsection (a), including, as
appropriate, attempts to resolve such complaints within the
Department of Education and with institutions of higher
education, accreditation agencies and associations, and other
participants in title IV programs; and
``(2) compile and analyze data on institutions of higher
education and accrediting agency and association complaints
and make appropriate recommendations.
``(d) Report.--Each year, the Ombudsman shall submit a
report to the Assistant Secretary for Postsecondary
Education, for inclusion in the annual report under section
114, that describes the activities, and evaluates the
effectiveness of the Ombudsman during the preceding year.''.
SEC. 498. PROGRAM REVIEW AND DATA.
Section 498A(b) (20 U.S.C. 1099c-1(b)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(6) provide the institution adequate opportunity to
review and respond to any program review report or audit
finding before any final program review or audit
determination is reached, including access to any and all
workpapers, notes, documentation, records, or other
information relating to the program review report or audit
finding;
``(7) review and take into consideration the institution's
response in any final program review or audit determination,
and include in the final determination a written statement
addressing the institution's response and stating the basis
for such final determination, and a copy of the institution's
response; and
``(8) maintain and preserve at all times the
confidentiality of any program review report until the
requirements of paragraphs (6) and (7) are met, and until a
final program review determination has been issued.''.
SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION.
Section 499 (as added by section 701 of the College Cost
Reduction and Access Act of 2007) is amended by adding at the
end the following new subsections:
``(c) Required Initial Evaluation.--The Secretary and
Secretary of the Treasury shall jointly conduct an
evaluation, in consultation with the Office of Management and
Budget, the Congressional Budget Office, and the Comptroller
General, of the pilot program carried out by the Secretary
under this section. The evaluation shall determine--
``(1) the extent of the savings to the Federal Government
that are generated through the pilot program, compared to the
cost the Federal Government would have incurred in operating
the PLUS loan program under section 428B in the absence of
the pilot program;
``(2) the number of lenders that participated in the pilot
program, and the extent to which the pilot program generated
competition among lenders to participate in the auctions
under the pilot program;
``(3) the number and volume of loans made under the pilot
in each State;
``(4) the effect of the transition to and operation of the
pilot program on the ability of--
``(A) lenders participating in the pilot program to
originate loans made through the pilot program smoothly and
efficiently;
``(B) institutions of higher education participating in the
pilot program to disburse loans made through the pilot
program smoothly and efficiently; and
``(C) parents to obtain loans made through the pilot
program in a timely and efficient manner;
``(5) the differential impact, if any, of the auction among
the States, including between rural and non-rural States;
``(6) the feasibility of using the mechanism piloted to
operate the other loan programs under part B of this title;
and
``(7) the feasibility of using other market mechanisms to
operate the loan programs under part B of this title,
including the sale of securities backed by federally owned
student loan assets originated by banks acting as agents of
the Federal Government.
``(d) Reports.--The Secretary and the Secretary of the
Treasury shall submit to the authorizing committees--
``(1) not later than September 1, 2010, a preliminary
report regarding the findings of the evaluation described in
subsection (c);
``(2) not later than September 1, 2012, an interim report
regarding such findings; and
``(3) not later than September 1, 2013, a final report
regarding such findings.''.
TITLE V--TITLE V AMENDMENTS
SEC. 501. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS.
(a) Establishment of Program.--Title V is amended--
(1) by redesignating part B as part C;
(2) by redesignating sections 511 through 518 as sections
521 through 528, respectively; and
(3) by inserting after section 505 (20 U.S.C. 1101d) the
following new part:
``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS
``SEC. 511. PURPOSES.
``The purposes of this part are--
``(1) to expand postbaccalaureate educational opportunities
for, and improve the academic attainment of, Hispanic
students; and
``(2) to expand the postbaccalaureate academic offerings
and enhance the program quality in the institutions that are
educating the majority of Hispanic college students and
helping large numbers of Hispanic and low-income students
complete postsecondary degrees.
[[Page 1676]]
``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.
``(a) Program Authorized.--Subject to the availability of
funds appropriated to carry out this part, the Secretary
shall award competitive grants to Hispanic-serving
institutions determined by the Secretary to be making
substantive contributions to graduate educational
opportunities for Hispanic students.
``(b) Eligibility.--For the purposes of this part, an
`eligible institution' means an institution of higher
education that--
``(1) is an eligible institution under section 502(a)(2);
and
``(2) offers a postbaccalaureate certificate or degree
granting program.
``SEC. 513. AUTHORIZED ACTIVITIES.
``Grants awarded under this part shall be used for one or
more of the following activities:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for needy postbaccalaureate students
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and degree granting programs.
``(5) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(6) Creating or improving facilities for Internet or
other distance learning academic instruction capabilities,
including purchase or rental of telecommunications technology
equipment or services.
``(7) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and degree
offerings.
``(8) Other activities proposed in the application
submitted pursuant to section 514 that--
``(A) contribute to carrying out the purposes of this part;
and
``(B) are approved by the Secretary as part of the review
and acceptance of such application.
``SEC. 514. APPLICATION AND DURATION.
``(a) Application.--Any eligible institution may apply for
a grant under this part by submitting an application to the
Secretary at such time and in such manner as determined by
the Secretary. Such application shall demonstrate how the
grant funds will be used to improve postbaccalaureate
education opportunities in programs and professions in which
Hispanic Americans are underrepresented.
``(b) Duration.--Grants under this part shall be awarded
for a period not to exceed 5 years.
``(c) Limitation.--The Secretary shall not award more than
one grant under this part in any fiscal year to any Hispanic-
serving institution.''.
(b) Cooperative Arrangements.--Section 524(a) (as
redesignated by subsection (a)(2)) (20 U.S.C. 1103c(a)) is
amended by inserting ``and section 513'' after ``section
503''.
(c) Authorization of Appropriations.--Subsection (a) of
section 528 (as redesignated by subsection (a)(2) of this
section) (20 U.S.C. 1103g) is amended to read as follows:
``(a) Authorizations.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A and part C of this title $175,000,000 for
fiscal year 2009 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of this title $125,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
(d) Minimum Grant Amount.--Section 528 (as redesignated by
subsection (a)(2) of this section) (20 U.S.C. 1103g) is
amended by adding at the end the following:
``(c) Minimum Grant Amount.--The minimum amount of a grant
under this title shall be $200,000.''.
(e) Part A Authorized Uses of Funds.--Section 503(b) (20
U.S.C. 1101b(b)) is amended--
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new
paragraph:
``(14) Providing education or financial information
designed to improve the financial literacy and economic
literacy of students or the students' parents, especially
with regard to student indebtedness and student assistance
programs under the title IV.''.
TITLE VI--TITLE VI AMENDMENTS
SEC. 601. INTERNATIONAL AND FOREIGN LANGUAGE STUDIES.
(a) Findings and Purposes.--Section 601 (20 U.S.C. 1121) is
amended--
(1) in subsection (a)(3), by striking ``post-Cold War'';
(2) in subsection (b)(1), by striking ``; and'' at the end
of subparagraph (D) and inserting ``, including through
linkages overseas with institutions of higher education and
relevant organizations that contribute to the educational
programs assisted under this part; and''; and
(3) in subsection (b)(3) by inserting ``, and international
business and trade competitiveness'' before the period.
(b) Graduate and Undergraduate Language and Area Centers
and Programs.--Section 602(a) (20 U.S.C. 1122(a)) is
amended--
(1) in paragraph (1), by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Secretary is authorized to make
grants to institutions of higher education or consortia of
such institutions for the purpose of establishing,
strengthening, and operating--
``(i) comprehensive foreign language and area or
international studies centers and programs; and
``(ii) a diverse network of undergraduate foreign language
and area or international studies centers and programs.'';
(2) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (G);
(B) by striking the period at the end of subparagraph (H)
and inserting a semicolon; and
(C) by inserting after subparagraph (H) the following new
subparagraphs:
``(I) supporting instructors of the less commonly taught
languages; and
``(J) projects that support in students an understanding of
science and technology in coordination with foreign language
proficiency.''; and
(3) in paragraph (4)--
(A) by amending subparagraph (B) to read as follows:
``(B) Partnerships or programs of linkage and outreach with
2-year and 4-year colleges and universities, including
colleges of education and teacher professional development
programs.'';
(B) in subparagraph (C), by striking ``Programs of linkage
or outreach'' and inserting ``Partnerships or programs of
linkage and outreach'';
(C) in subparagraph (E)--
(i) by striking ``foreign area'' and inserting ``area
studies'';
(ii) by striking ``of linkage and outreach''; and
(iii) by striking ``(C), and (D)'' and inserting ``(D), and
(E)'';
(D) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (E), and (F), respectively; and
(E) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Partnerships with local educational agencies and
public and private elementary and secondary education schools
that are designed to increase student academic achievement in
foreign language and knowledge of world regions, and to
facilitate the wide dissemination of materials related to
area studies.''.
(c) Fellowships for Foreign Language and Area or
International Studies.--Section 602(b) (20 U.S.C. 1122(b)) is
amended--
(1) by inserting ``and Undergraduate'' after ``Graduate''
in the subsection heading; and
(2) by striking paragraph (2) and inserting the following:
``(2) Eligible students.--A student receiving a stipend
described in paragraph (1) shall be engaged in an
instructional program with stated performance goals for
functional foreign language use or in a program developing
such performance goals, in combination with area studies,
international studies, or the international aspects of a
professional studies program, including predissertation level
studies, preparation for dissertation research, dissertation
research abroad, and dissertation writing, and--
``(A) in the case of graduate fellowships, activities in
connection with a program described in this paragraph may
include predissertation level studies, preparation for
dissertation research, dissertation research abroad, and
dissertation writing; or
``(B) in the case of undergraduate fellowships, students
may be allowed to use their fellowships abroad for
intermediate or advanced study of a less commonly taught
language.''.
(d) Language Resource Centers.--Section 603(c) (20 U.S.C.
1123(c)) is amended by inserting ``reflect the purposes of
this part and'' after ``shall''.
(e) Undergraduate International Studies and Foreign
Language Programs.--Section 604 (20 U.S.C. 1124) is amended--
(1) in subsection (a)(1), by striking ``combinations'' each
place it appears and inserting ``consortia'';
(2) in subsection (a)(2)--
(A) in subparagraph (B)(ii), by striking ``teacher
training'' and inserting ``teacher professional
development'';
(B) by redesignating subparagraphs (I) through (M) as
subparagraphs (J) through (N), respectively;
(C) by inserting after subparagraph (H) the following new
subparagraph:
``(I) the provision of grants for educational programs
abroad that are closely linked to the program's overall goals
and have the purpose of promoting foreign language fluency
and knowledge of world regions, except that not more than 10
percent of a grant recipient's funds may be used for this
purpose;''; and
(D) in subparagraph (M)(ii) (as redesignated by
subparagraph (B) of this paragraph), by striking ``elementary
and secondary education institutions'' and inserting ``local
educational agencies and public and private elementary and
secondary education schools'';
(3) in subsection (a)(4)(B), by inserting ``that
demonstrates a need for a waiver or reduction'' before the
period at the end;
(4) in subsection (a)(6), by inserting ``reflect the
purposes of this part and'' after ``shall'';
(5) in subsection (a)(8), by striking ``may'' and inserting
``shall''; and
(6) by striking subsection (c).
(f) Research; Studies; Annual Report.--Section 605(a) (20
U.S.C. 1125(a)) is amended by
[[Page 1677]]
inserting before the period at the end of the first sentence
the following: ``, including the systematic collection,
analysis, and dissemination of data''.
(g) Technological Innovation and Cooperation for Foreign
Information Access.--Section 606 (20 U.S.C. 1126) is
amended--
(1) in subsection (a)--
(A) by striking ``or consortia of such institutions or
libraries'' and inserting ``or partnerships between such
institutions or libraries and nonprofit educational
organizations including museums'';
(B) by striking ``new''; and
(C) by inserting ``from foreign sources'' after
``disseminate information'';
(2) in subsection (b)--
(A) by inserting ``acquire and'' before ``facilitate
access'' in paragraph (1);
(B) by striking ``new means of'' in paragraph (3) and
inserting ``new means and standards for'';
(C) by striking ``and'' at the end of paragraph (6);
(D) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(E) by inserting after paragraph (7) the following new
paragraphs:
``(8) to establish linkages between grant recipients under
subsection (a) with libraries, museums, organizations, or
institutions of higher education located overseas to
facilitate carrying out the purposes of this section; and
``(9) to carry out other activities deemed by the Secretary
to be consistent with the purposes of this section.''; and
(3) by adding at the end the following new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction.''.
(h) Selection of Grant Recipients.--Section 607(b) (20
U.S.C. 1127(b)) is amended--
(1) by striking ``objectives'' and inserting ``missions'';
and
(2) by adding at the end the following new sentence: ``In
keeping with the purposes of this part, the Secretary shall
take into account the degree to which activities of centers,
programs, and fellowships at institutions of higher education
address national needs, generate and disseminate information,
and foster debate on international issues.''.
(i) Equitable Distribution.--Section 608(a) (20 U.S.C.
1128(a)) is amended by adding at the end the following new
sentence: ``Grants made under section 602 shall also reflect
the purposes of this part.''.
(j) Authorization of Appropriations.--Section 610 (20
U.S.C. 1128b) is amended by striking ``1999'' and inserting
``2009''.
(k) Conforming Amendments.--
(1) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a),
1124(a)(5), 1130-1) are each amended by striking
``combinations'' each place it appears and inserting
``consortia''.
(2) Section 612 (20 U.S.C. 1130-1) is further amended by
striking ``combination'' each place it appears and inserting
``consortium''.
SEC. 602. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS.
(a) Centers for International Business Education.--Section
612 (20 U.S.C. 1130-1) is further amended--
(1) in subsection (a)(1)(C), by inserting ``manufacturing
software systems, technology management,'' after
``commerce,'';
(2) in subsection (c)(2)(E), by inserting ``(including
those that are eligible to receive assistance under part A or
B of title III or under title V)'' after ``other institutions
of higher education'';
(3) in subsection (c)(2)--
(A) by striking ``and'' at the end of subparagraph (E); and
(B) by inserting the following new subparagraph after
subparagraph (E) (and redesignating the succeeding
subparagraph):
``(F) programs encouraging the advancement and
understanding of cultural, technological management, and
manufacturing software systems practices between institutions
of higher education in the United States and countries with
existing partnerships with other countries, including those
in Asian countries focused on this industry; and''; and
(4) in subsection (e), by adding at the end the following
new paragraph:
``(5) Special rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(A) are eligible to receive assistance under part A or B
of title III or under title V; and
``(B) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction, as
determined by the Secretary.''.
(b) Education and Training Programs.--Section 613 (20
U.S.C. 1130a) is amended by adding at the end the following
new subsection:
``(e) Special Rule.--The Secretary may waive or reduce the
required non-Federal share for institutions that--
``(1) are eligible to receive assistance under part A or B
of title III or under title V; and
``(2) have submitted a grant application under this section
that demonstrates a need for a waiver or reduction, as
determined by the Secretary.''.
(c) Authorization of Appropriations.--Section 614 (20
U.S.C. 1130b) is amended by striking ``1999'' each place it
appears and inserting ``2009''.
SEC. 603. INSTITUTE FOR INTERNATIONAL PUBLIC POLICY.
(a) Foreign Service Professional Development.--Section 621
(20 U.S.C. 1131) is amended--
(1) by striking the heading of such section and inserting
the following:
``SEC. 621. PROGRAM FOR FOREIGN SERVICE PROFESSIONALS.'';
(2) by striking the second sentence of subsection (a) and
inserting the following: ``The Institute shall conduct a
program to enhance the international competitiveness of the
United States by increasing the participation of
underrepresented populations in the international service,
including private international voluntary organizations, the
international commercial service, and the foreign service of
the United States.''; and
(3) in subsection (b)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) A Tribally Controlled College or University or Alaska
Native or Native Hawaiian-serving institution eligible for
assistance under title III, an institution eligible for
assistance under part B of title III, or a Hispanic-serving
institution eligible for assistance under title V.
``(B) An institution of higher education which serves
substantial numbers of underrepresented minority students.''.
(b) Institutional Development.--Section 622(a) (20 U.S.C.
1131-1(a)) is amended by inserting before the period at the
end the following: ``and promote collaboration with colleges
and universities that receive funds under this title''.
(c) Study Abroad Program.--Section 623(a) (20 U.S.C.
1131a(a)) is amended by inserting after ``1978,'' the
following: ``Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions,''.
(d) Advanced Degree in International Relations.--Section
624 (20 U.S.C. 1131b) is amended--
(1) by striking ``MASTERS'' in the heading of such section
and inserting ``ADVANCED'';
(2) by striking ``a masters degree in international
relations'' and inserting ``an advanced degree in
international relations, international affairs, international
economics, or other academic areas related to the Institute
fellow's career objectives''; and
(3) by striking ``The masters degree program designed by
the consortia'' and inserting ``The advanced degree study
program shall be designed by the consortia, consistent with
the fellow's career objectives, and''.
(e) Internships.--Section 625 (20 U.S.C. 1131c) is
amended--
(1) in subsection (a), by inserting after ``1978,'' the
following: ``Alaska Native-serving, Native Hawaiian-serving,
and Hispanic-serving institutions,'';
(2) in subsection (b)--
(A) by inserting ``and'' after the semicolon at the end of
paragraph (2);
(B) by striking ``; and'' at the end of paragraph (3) and
inserting a period; and
(C) by striking paragraph (4); and
(3) by amending subsection (c) to read as follows:
``(c) Ralph J. Bunche Fellows.--In order to assure the
recognition and commitment of individuals from
underrepresented student populations who demonstrate special
interest in international affairs and language study,
eligible students who participate in the internship programs
authorized under subsections (a) and (b) shall be known as
the Ralph J. Bunche Fellows.''.
(f) Report.--Section 626 (20 U.S.C. 1131d) is amended by
striking ``annually prepare a report'' and inserting
``prepare a report biennially''.
(g) Authorization of Appropriations.--Section 628 (20
U.S.C. 1131f) is amended by striking ``1999'' and inserting
``2009''.
SEC. 604. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.
Title VI (20 U.S.C. 1121 et seq.) is amended--
(1) by redesignating part D as part E;
(2) by redesignating section 631 (20 U.S.C. 1132) as
section 641; and
(3) by inserting after section 628 the following new part:
``PART D--PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION
``SEC. 631. PREPARING FOR EARLY FOREIGN LANGUAGE INSTRUCTION.
``(a) Definitions.--In this section:
``(1) Eligible partnership.--The term `eligible
partnership' means a partnership that--
``(A) shall include--
``(i) a foreign language department of an institution of
higher education; and
``(ii) a local educational agency; and
``(B) may include--
``(i) another foreign language or teacher education
department of an institution of higher education;
``(ii) another local educational agency, or an elementary
or secondary school;
``(iii) a business;
``(iv) a nonprofit organization of demonstrated
effectiveness, including a museum;
``(v) heritage or community centers for language study;
``(vi) language resource centers; or
``(vii) the State foreign language coordinator or State
educational agency.
``(2) High-need local educational agency.--The term `high-
need local educational agency' has the meaning given the term
in section 2102 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6602).
[[Page 1678]]
``(3) Articulated.--The term `articulated' means that each
grade level of the foreign language program is designed to
sequentially expand on the student achievement of the
previous level with a goal toward achieving an established
level of language proficiency.
``(b) Purpose.--The purpose of this section is to improve
the performance of students in the study of foreign languages
by encouraging States, institutions of higher education,
elementary schools, and secondary schools to participate in
programs that--
``(1) upgrade the status and stature of foreign language
teaching by encouraging institutions of higher education to
assume greater responsibility for improving foreign language
teacher education through the establishment of a
comprehensive, integrated system of recruiting and advising
such teachers;
``(2) focus on education of foreign language teachers as a
career-long process that should continuously stimulate
teachers' intellectual growth and upgrade teachers' knowledge
and skills;
``(3) bring foreign language teachers in elementary schools
and secondary schools together with linguists or higher
education foreign language professionals to increase the
subject matter knowledge and improve the teaching skills of
teachers through the use of more sophisticated resources that
institutions of higher education are better able to provide
than such schools; and
``(4) develop more rigorous foreign language curricula that
contain--
``(A) professionally accepted standards for elementary and
secondary education instruction;
``(B) standards expected for postsecondary study in foreign
language; and
``(C) articulated foreign language programs from
kindergarten through grade 12 that demonstrate increased
competence and proficiency over time and grade.
``(c) Grants to Partnerships.--
``(1) In general.--The Secretary may award grants, on a
competitive basis, to eligible partnerships to enable the
eligible partnerships to pay the Federal share of the costs
of carrying out the authorized activities described in this
section.
``(2) Duration.--The Secretary shall award grants under
this section for a period of 5 years.
``(3) Federal share.--The Federal share of the costs of the
activities assisted under this section shall be--
``(A) 75 percent of the costs for the first year that an
eligible partnership receives a grant payment under this
section;
``(B) 65 percent of such costs for the second such year;
and
``(C) 50 percent of such costs for each of the third,
fourth, and fifth such years.
``(4) Non-federal share.--The non-Federal share of the
costs of carrying out the authorized activities described in
this section may be provided in cash or in kind, fairly
evaluated.
``(5) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible partnerships--
``(A) that include high-need local educational agencies; or
``(B) that emphasize the teaching of commonly taught and
critical foreign languages in an articulated program that
demonstrates increased competency and proficiency over grade
and time.
``(d) Applications.--
``(1) In general.--Each eligible partnership desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(2) Contents.--An application under paragraph (1) shall
include--
``(A) an assessment of the teacher quality and professional
development needs of all the schools and agencies
participating in the eligible partnership with respect to the
teaching and learning of foreign languages;
``(B) a description of how the activities to be carried out
by the eligible partnership will be based on a review of
relevant research, and an explanation of why the activities
are expected to improve student performance and to strengthen
the quality of foreign language instruction; and
``(C) a description of--
``(i) how the eligible partnership will carry out the
authorized activities described in subsection (e); and
``(ii) the eligible partnership's evaluation and
accountability plan as described in subsection (f).
``(e) Authorized Activities.--An eligible partnership shall
use the grant funds provided under this section for 1 or more
of the following activities related to elementary schools or
secondary schools:
``(1) Creating opportunities for enhanced and ongoing
professional development that improves the subject matter
knowledge of foreign language teachers.
``(2) Recruiting university students with foreign language
majors for teaching.
``(3) Promoting strong teaching skills for foreign language
teachers and teacher educators.
``(4) Establishing foreign language summer workshops or
institutes (including follow-up) for teachers.
``(5) Establishing distance learning programs for foreign
language teachers.
``(6) Designing programs to prepare a teacher at a school
to provide professional development to other teachers at the
school and to assist novice teachers at such school,
including (if applicable) a mechanism to integrate
experiences from a summer workshop or institute.
``(7) Developing instruction materials.
``(f) Evaluation and Accountability Plan.--Each eligible
partnership receiving a grant under this section shall
develop an evaluation and accountability plan for activities
assisted under this section that includes strong performance
objectives. The plan shall include objectives and measures
for--
``(1) increased participation by students in advanced
courses in foreign language;
``(2) increased percentages of secondary school classes in
foreign language taught by teachers with academic majors in
foreign language; and
``(3) increased numbers of foreign language teachers who
participate in content-based professional development
activities.
``(g) Report.--Each eligible partnership receiving a grant
under this section shall annually report to the Secretary
regarding the eligible partnership's progress in meeting the
performance objectives described in subsection (f).
``(h) Termination.--If the Secretary determines that an
eligible partnership is not making substantial progress in
meeting the performance objectives described in subsection
(f) by the end of the third year of a grant under this
section, the grant payments shall not be made for the fourth
and fifth years of the grant.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section, such
sums as may be necessary for fiscal year 2009 and for each of
the 4 succeeding fiscal years.''.
SEC. 605. EVALUATION, OUTREACH, AND DISSEMINATION.
Part E of title VI, as redesignated by section 604 of this
Act, is amended by inserting after section 641 (20 U.S.C.
1132 (as so redesignated)) the following new section:
``SEC. 642. EVALUATION, OUTREACH, AND DISSEMINATION.
``The Secretary may use not more than one percent of the
funds made available for this title for program evaluation,
national outreach, and information dissemination
activities.''.
SEC. 606. STUDENT SAFETY.
Part E of title VI, as redesignated by section 604 of this
Act, is further amended by inserting after section 642 (as
added by section 605 of this Act) the following new section:
``SEC. 643. STUDENT SAFETY.
``Applicants seeking funds under this title to support
student travel and study abroad shall submit as part of their
grant application a description of safety policies and
procedures for students participating in the program while
abroad.''.
SEC. 607. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
EDUCATION GRANT PROGRAM.
Part E of title VI, as redesignated by section 604 of this
Act, is further amended by inserting after section 643 (as
added by section 606 of this Act) the following new section:
``SEC. 644. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LANGUAGE
EDUCATION GRANT PROGRAM.
``(a) Purpose.--It is the purpose of this section to
support programs in colleges and universities that--
``(1) encourage students to develop--
``(A) an understanding of science and technology; and
``(B) foreign language proficiency; and
``(2) foster future international scientific collaboration.
``(b) Development.--The Secretary shall develop a program
for the awarding of grants to institutions of higher
education that develop innovative programs for the teaching
of foreign languages.
``(c) Regulations and Requirements.--The Secretary shall
promulgate regulations for the awarding of grants under
subsection (b). Such regulations shall require institutions
of higher education to use grant funds for, among other
things--
``(1) the development of an on-campus cultural awareness
program by which students attend classes taught in a foreign
language and study the science and technology developments
and practices in a non-English speaking country;
``(2) immersion programs where students take science or
technology related course work in a non-English speaking
country; and
``(3) other programs, such as summer workshops, that
emphasize the intense study of a foreign language and science
technology.
``(d) Grant Distribution.--In distributing grants to
institutions of higher education under this section, the
Secretary shall give priority to--
``(1) institutions that have programs focusing on curricula
that combine the study of foreign languages and the study of
science and technology and produce graduates who have both
skills; and
``(2) institutions teaching critical foreign languages.
``(e) Science.--In this section, the term `science' means
any of the natural and physical sciences including chemistry,
biology, physics, and computer science. Such term does not
include any of the social sciences.
``(f) Appropriations Authorized.--There are authorized to
be appropriated to carry out this section, such sums as may
be necessary for fiscal year 2009 and for each subsequent
fiscal year.''.
SEC. 608. REPORTING BY INSTITUTIONS.
Part E of title VI (20 U.S.C. 1122), as redesignated by
section 604 of this Act, is further amended by inserting
after section 644 (as added by section 607 of this Act) the
following new section:
``SEC. 645. REPORTING BY INSTITUTIONS.
``(a) Applicability.--The data requirement in subsection
(b) shall apply to an institution of higher education that
receives funds for a center or program under this title if--
[[Page 1679]]
``(1) the amount of cash, or the fair market value, or
both, of the contributions received from a foreign government
or private sector corporation, foundation, or any other
entity or individual (excluding domestic government entities)
during any fiscal year exceeds $1,000,000 in the aggregate;
and
``(2) the aggregate contribution is intended for use
directly or indirectly by a center or program receiving funds
under this title.
``(b) Data Required.--The Secretary shall require of each
institution to which this paragraph applies under subsection
(a), as part of the Integrated Postsecondary Education Data
System (IPEDS) annual data collection, that such institution
report the following data:
``(1) The names and addresses of any foreign government or
private sector corporation, foundation, or any other entity
or individual that contributed such amount of cash or such
fair market value of other property as described in
subsection (a)(1).
``(2) The amount of such cash or the fair market value of
such property.
``(c) Exemption From Reporting.--The Secretary may, at the
request of the donor, exempt domestic donors who make
anonymous donations from the institutional reporting
requirement of subsection (b)(1) to preserve the anonymity of
their contribution. The data of institutions shall identify
such donors as `anonymous'. This exemption does not apply to
non-domestic donations.
``(d) Deadline.--Any report under subsection (b) shall be
made no later than such date as the Secretary shall require.
``(e) Consequences of Failure To Report.--In the case of
any institution from which a report is requested under
subsection (b), if the Secretary does not receive a report in
accordance with the deadline established under subsection
(d), the Secretary shall--
``(1) make a determination that the institution of higher
education has failed to make the report required by this
paragraph;
``(2) transmit a notice of the determination to Congress;
and
``(3) publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the institution of higher education for
contracts and grants under this title.''.
SEC. 609. FEDERAL FOREIGN LANGUAGE EDUCATION MARKETING
CAMPAIGN.
The Secretary of Education shall establish a foreign
language education marketing campaign to encourage students
at secondary schools and institutions of higher education to
study foreign languages, particularly languages that are less
commonly taught and critical to the national security of the
United States.
TITLE VII--TITLE VII AMENDMENTS
SEC. 701. JAVITS FELLOWSHIP PROGRAM.
(a) Authority and Timing of Awards.--Section 701(a) (20
U.S.C. 1132a(a)) is amended by inserting after the second
sentence the following: ``For purposes of the exception in
the preceding sentence, a master's degree in fine arts shall
be considered a terminal degree.''.
(b) Interruptions of Study.--Section 701(c) (20 U.S.C.
1134(c)) is amended by adding at the end the following new
sentence: ``In the case of other exceptional circumstances,
such as active duty military service or personal or family
member illness, the institution of higher education may also
permit the fellowship recipient to interrupt periods of study
for the duration of the tour of duty (in the case of military
service) or not more than 12 months (in any other case), but
without payment of the stipend.''.
(c) Allocation of Fellowships.--Section 702(a)(1) (20
U.S.C. 1134a(a)(1)) is amended--
(1) in the first sentence, by inserting ``from diverse
geographic regions'' after ``higher education''; and
(2) by adding at the end the following new sentence: ``The
Secretary shall also assure that at least one representative
appointed to the Board represents an institution that is
eligible for a grant under title III or V of this Act.''.
(d) Stipends.--Section 703 (20 U.S.C. 1134b) is amended--
(1) in subsection (a)--
(A) by striking ``1999-2000'' and inserting ``2009-2010'';
and
(B) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program
on February 1 of such academic year''; and
(2) in subsection (b), by amending paragraph (1)(A) to read
as follows:
``(1) In general.--(A) The Secretary shall (in addition to
stipends paid to individuals under this subpart) pay to the
institution of higher education, for each individual awarded
a fellowship under this subpart at such institution, an
institutional allowance. Except as provided in subparagraph
(B), such allowance shall be, for academic year 2009-2010 and
succeeding academic years, the same amount as the
institutional payment made for academic year 2008-2009,
adjusted for academic year 2009-2010 and annually thereafter
in accordance with inflation as determined by the Department
of Labor's Consumer Price Index for All Urban Consumers for
the previous calendar year.''.
(e) Authorization of Appropriations.--Section 705 (20
U.S.C. 1134d) is amended by striking ``1999'' and inserting
``2009''.
SEC. 702. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
(a) Designation of Areas of National Need; Priority.--
Section 712 (20 U.S.C. 1135a) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Designation of Areas of National Need.--After
consultation with appropriate Federal and nonprofit agencies
and organizations, including the National Science Foundation,
the Department of Defense, the Department of Homeland
Security, the National Academy of Sciences, and the Bureau of
Labor Statistics, the Secretary shall designate areas of
national need. In making such designations, the Secretary
shall take into consideration--
``(1) the extent to which the interest in the area is
compelling;
``(2) the extent to which other Federal programs support
postbaccalaureate study in the area concerned;
``(3) an assessment of how the program may achieve the most
significant impact with available resources;
``(4) an assessment of current and future professional
workforce needs of the United States; and
``(5) the priority described in subsection (c).''; and
(2) by adding at the end the following new subsection:
``(c) Priority.--The Secretary shall establish a priority
for grants in order to prepare individuals for the
professorate who will train highly qualified elementary and
secondary mathematics and science teachers, special education
teachers, and teachers who provide instruction for limited
English proficient individuals. Such grants shall offer
program assistance and graduate fellowships for--
``(1) post baccalaureate study related to teacher
preparation and pedagogy in mathematics and science for
students who have completed a master's degree or are pursuing
a doctorate of philosophy in mathematics or science;
``(2) post baccalaureate study related to teacher
preparation and pedagogy in special education and English
language acquisition and academic proficiency for limited
English proficient individuals; and
``(3) support of dissertation research in the fields of
mathematics, science, special education, or second language
pedagogy and second language acquisition.''.
(b) Collaboration Required for Certain Applications.--
Section 713(b) (20 U.S.C. 1135b) is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by redesignating paragraph (10) as paragraph (11); and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) in the case of an application from a department,
program, or unit in education or teacher preparation, provide
assurances that such department, program, or unit will
collaborate with departments, programs, or units in all
content areas to ensure a successful combination of training
in both teaching and such content; and''.
(c) Stipends.--Section 714(b) (20 U.S.C. 1135c(b)) is
amended--
(1) by striking ``1999-2000'' and inserting ``2009-2010'';
and
(2) by striking ``Foundation graduate fellowships'' and
inserting ``Foundation Graduate Research Fellowship Program
on February 1 of such academic year''.
(d) Additional Assistance.--Section 715(a)(1) (20 U.S.C.
1135d(a)(1)) is amended--
(1) by striking ``1999-2000'' and inserting ``2009-2010'';
(2) by striking ``1998-1999'' and inserting ``2008-2009'';
and
(3) by inserting ``for All Urban Consumers'' after ``Price
Index''.
(e) Authorization of Appropriations.--Section 716 (20
U.S.C. 1135e) is amended by striking ``1999'' and inserting
``2009''.
(f) Technical Amendments.--Section 714(c) (20 U.S.C.
1135c(c)) is amended--
(1) by striking ``section 716(a)'' and inserting ``section
715(a)''; and
(2) by striking ``section 714(b)(2)'' and inserting
``section 713(b)(2)''.
SEC. 703. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY
PROGRAM.
(a) Program Authority.--Section 721(a) (20 U.S.C. 1136(a))
is amended--
(1) by inserting ``middle and high school'' after
``disadvantaged''; and
(2) by striking the period at the end of the sentence and
inserting ``and admission to law practice.''.
(b) Eligibility.--Section 721(b) (20 U.S.C. 1136(b)) is
amended by inserting ``middle and high school or'' before
``college student''.
(c) Contract and Grant Purposes.--Section 721(c) (20 U.S.C.
1136(c)) is amended--
(1) by inserting ``middle and high school students'' after
``identify'' in paragraph (1);
(2) by amending paragraph (2) to read as follows:
``(2) to prepare such students for study at accredited law
schools and assist them with the development of analytical
skills and study methods to enhance their success and promote
completion of law school;'';
(3) by striking ``and'' at the end of paragraph (4);
(4) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(6) to award Thurgood Marshall Fellowships to eligible
law school students--
``(A) who participated in summer institutes authorized by
subsection (d) and who are enrolled in an accredited law
school; or
``(B) who are eligible law school students who have
successfully completed a comparable summer institute program
certified by the Council on Legal Educational Opportunity.''.
[[Page 1680]]
(d) Services Provided.--Section 721(d)(1)(D) (20 U.S.C.
1136(d)(1)(D)) is amended by inserting ``in analytical skills
and study methods'' after ``courses''.
(e) Authorization of Appropriations.--Section 721(h) (20
U.S.C. 1136(h)) is amended by striking ``1999'' and inserting
``2009''.
(f) General Provisions.--Subsection (e) of section 731 (20
U.S.C. 1137(e)) is repealed.
SEC. 704. PATSY T. MINK FELLOWSHIP PROGRAM.
Part A of title VII (20 U.S.C. 1134) is further amended--
(1) by redesignating subpart 4 as subpart 5;
(2) in the heading of section 731, by striking ``SUBPARTS
1, 2, AND 3'' and inserting ``SUBPARTS 1 THROUGH 4'';
(3) in subsections (a) and (b) of section 731, by striking
``subparts 1, 2, and 3'' each place it appears and inserting
``subparts 1 through 4'';
(4) in subsection (d) of such section, by striking
``subpart 1, 2, or 3'' and inserting ``subpart 1, 2, 3, or
4''; and
(5) by inserting after subpart 3 the following new subpart:
``Subpart 4--Patsy T. Mink Fellowship Program
``SEC. 722. PATSY T. MINK FELLOWSHIPS.
``(a) Purpose; Designation.--
``(1) Purpose.--It is the purpose of this subpart to
provide a program of fellowship awards to assist highly
qualified minorities and women to acquire the terminal
master's degree or the doctorate degree in academic areas in
which such individuals are underrepresented for the purpose
of entering the higher education professoriate.
``(2) Eligible institutions.--For purposes of this subpart,
the term `eligible institution' means an institution of
higher education, or a consortium of such institutions, that
offers a program of post baccalaureate study leading to a
graduate degree.
``(3) Designation.--Each recipient of a fellowship award
from an institution receiving a grant under this subpart
shall be known as a Patsy T. Mink Graduate Fellow.
``(b) Program Authorized.--
``(1) Grants by secretary.--
``(A) In general.--From funds made available under
subsection (e), the Secretary shall make grants to eligible
institutions of higher education to enable such institutions
to make fellowship awards to qualified students in accordance
with the provisions of this subpart.
``(B) Priority consideration.--In making grant awards under
this subpart, the Secretary shall consider the applicant
institution's prior experience in producing doctorates and
terminal master's degree holders who are minorities and
females, and shall give priority consideration in making
grants under this subpart to those institutions with a
demonstrated record of producing minorities and women who
have earned such degrees.
``(2) Distribution and amounts of grants.--
``(A) Equitable distribution.--In making such grants the
Secretary shall, to the maximum extent feasible, ensure an
equitable geographic distribution of awards and an equitable
distribution among eligible public and private institutions
of higher education that apply for grants under this subpart
and that demonstrate the ability to achieve the purpose of
this subpart.
``(B) Special rule.--To the maximum extent practical, the
Secretary shall award at least 50 percent of the amount
appropriated under this subpart to institutions of higher
education eligible for assistance under titles III and V, or
to consortia composed of otherwise eligible institutions of
higher education and such minority-serving institutions.
``(C) Allocation.--In making such grants the Secretary
shall, consistent with subparagraphs (A) and (B), allocate
appropriated funds to those institutions whose applications
indicate the ability to significantly increase the numbers of
minorities and women entering the higher education
professoriate and that commit institutional resources to the
attainment of the purpose of this subpart. No grant made
under this subpart shall support fewer than fifteen degree
candidates consistent with subsection (d)(2).
``(D) Reallotment.--Whenever the Secretary determines that
an institution of higher education is unable to utilize all
of the amounts made available to it under this subpart, the
Secretary shall, on such dates during the fiscal year as the
Secretary may determine, reallocate such unused amounts to
institutions which demonstrate that they can use any
reallocated grant funds to make fellowship awards to
qualified individuals under this subpart.
``(c) Applications.--
``(1) Applications required.--Any eligible institution of
higher education offering a program of post baccalaureate
study leading to a graduate degree that meets the purpose of
this subpart may apply for a grant. Each such institution, or
consortium of eligible institutions (including those
institutions specified in subsection (b)(2)(B)) may make an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(2) Selection of applications.--In selecting applications
for the making grants to institutions of higher education,
the Secretary shall--
``(A) take into account the number and distribution of
minority and female faculty nationally, as well as the
current and projected need for highly trained individuals--
``(i) in all areas of the higher education professoriate;
and
``(ii) in academic career fields in which minorities and
women are underrepresented in the higher education
professoriate; and
``(B) consider the need to prepare a larger number of
minorities and women generally in academic career fields of
high national priority, especially in areas in which such
individuals are traditionally underrepresented in college and
university faculties.
``(d) Fellowship Terms and Conditions.--
``(1) Selection of fellows.--
``(A) Eligible applicants.--The Secretary shall assure
that, in awarding fellowships from funds made available under
this subpart, grantee institutions make fellowship awards to
individuals who plan to pursue a career in instruction at any
institution of higher education that is eligible to
participate in title IV programs.
``(B) Academic progress.--Notwithstanding subparagraph (A),
no otherwise eligible student selected for support shall
receive a fellowship award--
``(i) during periods in which such student is enrolled,
unless such student is maintaining satisfactory academic
progress in, and devoting full-time to, study or research in
the pursuit of the degree for which the fellowship support
was awarded; or
``(ii) if the student is engaged in gainful employment,
other than part-time employment related to teaching,
research, or a similar activity determined by the institution
to be consistent with and supportive of the student's
progress toward the appropriate degree.
``(2) Service requirement.--
``(A) Teaching required.--Each Patsy T. Mink Graduate
Fellow who earns the doctoral or terminal master's degree
with assistance provided under this subpart shall teach at an
eligible institution for one year for each year of fellowship
assistance received under this subpart.
``(B) Institutional obligation.--Each institution which
receives an award from the Secretary under this subpart shall
provide an assurance that it has inquired of and determined
the fellowship recipient's decision to, within 3 years of
receiving the doctorate or terminal master's degree, begin
employment at an eligible institution of higher education as
required by this subpart.
``(C) Agreement required.--Prior to receiving the initial
fellowship award, and upon the annual renewal of the
fellowship award, a fellow shall sign an agreement with the
Secretary memorializing this commitment to enter the
professoriate.
``(D) Consequences of failure.--If a fellowship recipient
fails to honor the service requirement of this subsection,
the Secretary shall--
``(i) require the individual to repay all or the applicable
portion of the total fellowship amount awarded to the
individual by converting the balance due to a loan at the
interest rate applicable to loans made under part B of title
IV; or
``(ii) require the individual to pay an amount determined
by the Secretary to be appropriate, except as provided in
subparagraph (E).
``(E) Modified service requirement.--The Secretary may
waive or modify the service requirement of this paragraph
based on regulations, promulgated pursuant to and consistent
with criteria which determine the circumstances under which
compliance with the service obligation by the fellowship
recipient would be inequitable and represent a substantial
hardship. The Secretary may waive the service requirement
if--
``(i) compliance by the fellowship recipient would be
deemed impossible because the individual is permanently and
totally disabled at the time of the waiver request; or
``(ii) compliance by the fellowship recipient is based on
documentation presented to the Secretary of substantial
economic or personal hardship, as determined in accordance
with regulations prescribed by the Secretary.
``(3) Amount of fellowship awards.--
``(A) In general.--From the grants made pursuant to this
subpart, eligible institutions shall award stipends to
individuals who are awarded fellowships under this subpart.
Such stipends shall reflect the purpose of the program
authorized by this subpart to encourage highly qualified
minorities and women to pursue graduate study for the purpose
of entering the higher education professoriate.
``(B) Awards based on need.--Stipends shall be in an amount
equal to the level of support provided by the National
Science Foundation graduate fellowships, except that such
stipend shall be adjusted as necessary so as not to exceed
the fellow's demonstrated need as determined by the
institution of higher education where the graduate student is
enrolled.
``(4) Institutional payments.--
``(A) In general.--The Secretary shall, in addition to the
amounts made available to institutions for stipends to
individuals under this subpart, pay to grantee institutions
of higher education, for each individual awarded a fellowship
under this subpart at such institution, an institutional
allowance. Except as provided for in subparagraph (C), such
allowance shall be, for academic year 2009-2010 and
succeeding academic years, the same as the institutional
payment made for that year under the Graduate Assistance in
Areas of National Need program in subpart 2 of part A, and
shall be adjusted annually thereafter in accordance with
inflation as determined by the Department of Labor's Consumer
Price Index for All Urban Consumers for the previous calendar
year.
``(B) Use of funds.--Institutional payments may be expended
at the discretion of the institution, except that such funds
shall be used to provide academic support and career
transition services for participating fellows.
[[Page 1681]]
``(C) Reduction.--The institutional allowance paid under
subparagraph (A) shall be reduced by the amount the
institution charges and collects from a fellowship recipient
for tuition and other expenses as part of the institution's
instructional program.
``(D) Use for overhead prohibited.--Funds made available
pursuant to this subpart may not be used for general
operational overhead of the academic department or
institution receiving such funds.
``(e) Authorization of Appropriations.--There are
authorized to appropriated to carry out this subpart such
sums as may be necessary for fiscal year 2009 and for each of
the 4 succeeding fiscal years.''.
SEC. 705. FUND FOR THE IMPROVEMENT OF POSTSECONDARY
EDUCATION.
(a) Contract and Grant Purposes.--Section 741(a) (20 U.S.C.
1138(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the encouragement of the reform and improvement of,
and innovation in, postsecondary education and the provision
of educational opportunity for all, especially for the non-
traditional student populations;'';
(2) in paragraph (2), by inserting before the semicolon at
the end the following: ``for postsecondary students,
especially institutions, programs, and joint efforts that
provide academic credit for programs'';
(3) by amending paragraph (3) to read as follows:
``(3) the establishment of institutions and programs based
on the technology of communications, including delivery by
distance education;'';
(4) by amending paragraph (6) to read as follows:
``(6) the introduction of institutional reforms designed to
expand individual opportunities for entering and reentering
postsecondary institutions and pursuing programs of
postsecondary study tailored to individual needs;'';
(5) by striking ``and'' at the end of paragraph (7);
(6) by striking the period at the end of paragraph (8) and
inserting a semicolon; and
(7) by adding at the end the following new paragraphs:
``(9) the assessment, in partnership with a public or
private nonprofit institution or agency, of the performance
of teacher preparation programs within institutions of higher
education in a State, using an assessment which provides
comparisons across such institutions within the State based
upon indicators including teacher candidate knowledge in
subject areas in which such candidate has been prepared to
teach;
``(10) the support of efforts to establish pilot programs
and initiatives to help college campuses reduce illegal
downloading of copyrighted content, in order to improve the
security and integrity of campus computer networks and save
bandwidth costs;
``(11) the support of increased fire safety in student
housing--
``(A) by establishing a demonstration incentive program for
qualified student housing in institutions of higher
education;
``(B) by making grants for the purpose of installing fire
alarm detection, prevention, and protection technologies in
student housing, dormitories, and other buildings controlled
by such entities; and
``(C) by requiring, as a condition of such grants--
``(i) that such technologies be installed professionally to
technical standards of the National Fire Protection
Association; and
``(ii) that the recipient shall provide non-Federal
matching funds in an amount equal to the amount of the grant;
``(12) the assessment, in partnership with a consortium of
higher education organizations, of the feasibility and
potential design of an inter-institution monitoring
organization on gender and racial equality in campus faculty
and administration;
``(13) the provision of support and assistance to
partnerships between institutions of higher education and
secondary schools with at least 10 percent of their
enrollment assessed as late-entering limited English
proficient students to establish programs that result in
increased secondary school graduation rates of limited
English proficient students and that increase the number of
eligible late-entering limited English proficient students
who pursue postsecondary education opportunities;
``(14) the provision of support and assistance for
demonstration projects to provide comprehensive support
services to ensure that homeless students, or students who
were in foster care until the age of 18, enroll and succeed
in postsecondary education, including providing housing to
such students during periods when housing at the institution
of higher education is closed or generally unavailable to
other students;
``(15) the support of efforts to work with organizations
that are exempt from taxation under section 501(c)(3) of the
Internal Revenue Code of 1986 and institutions of higher
education that seek to promote cultural diversity in the
entertainment media industry including through the training
of students in production, marketing, and distribution of
culturally relevant content; and
``(16) the creation of consortia that join diverse
institutions of higher education to design and offer
curricular and co-curricular interdisciplinary programs at
the undergraduate and graduate levels, sustained for not less
than a 5 year period, that--
``(A) focus on poverty and human capability; and
``(B) include--
``(i) a service-learning component; and
``(ii) the delivery of educational services through
informational resource centers, summer institutes, mid-year
seminars, and other educational activities that stress the
effects of poverty and how poverty can be alleviated through
different career paths.''.
(b) Scholarship Program for Family Members of Veterans or
Members of the Military; Center for Best Practices To Support
Single Parent Students.--Section 741 (20 U.S.C. 1138) is
further amended by adding at the end the following new
subsections:
``(c) Scholarship Program for Family Members of Veterans or
Members of the Military.--
``(1) Authorization.--The Secretary shall contract with a
nonprofit organization with demonstrated experience in
carrying out the activities described in this subsection to
carry out a program to provide postsecondary education
scholarships for eligible students.
``(2) Eligible students.--In this subsection, the term
`eligible student' means an individual who is--
``(A)(i) a dependent student who is a child of--
``(I) an individual who is--
``(aa) serving on active duty during a war or other
military operation or national emergency (as defined in
section 481); or
``(bb) performing qualifying National Guard duty during a
war or other military operation or national emergency (as
defined in section 481); or
``(II) a veteran who died while serving or performing, as
described in subclause (I), since September 11, 2001, or has
been disabled while serving or performing, as described in
subclause (I), as a result of such event; or
``(ii) an independent student who--
``(I) is a spouse of an individual who is--
``(aa) serving on active duty during a war or other
military operation or national emergency (as defined in
section 481); or
``(bb) performing qualifying National Guard duty during a
war or other military operation or national emergency (as
defined in section 481); or
``(II) was (at the time of the death of the veteran) a
spouse of a veteran who died while serving or performing, as
described in subclause (I), since September 11, 2001, or has
been disabled while serving or performing, as described in
subclause (I), as a result of such event; and
``(B) enrolled as a full-time or part-time student at an
institution of higher education (as defined in section 102).
``(3) Awarding of scholarships.--Scholarships awarded under
this subsection shall be awarded based on need with priority
given to eligible students who are eligible to receive
Federal Pell Grants under subpart 1 of part A of title IV.
``(4) Maximum scholarship amount.--The maximum scholarship
amount awarded to an eligible student under this subsection
for an academic year shall be the lesser of--
``(A) the difference between the eligible student's cost of
attendance (as defined in section 472) and any non-loan based
aid such student receives; or
``(B) $5,000.
``(5) Amounts for scholarships.--All of the amounts
appropriated to carry out this subsection for a fiscal year
shall be used for scholarships awarded under this subsection,
except that a nonprofit organization receiving a contract
under this subsection may use not more than 1 percent of such
amounts for the administrative costs of the contract.
``(d) Center for Best Practices To Support Single Parent
Students.--
``(1) Program authorized.--The Secretary is authorized to
award 1 grant or contract to an institution of higher
education to enable such institution to establish and
maintain a center to study and develop best practices for
institutions of higher education to support single parents
who are also students attending such institutions.
``(2) Institution requirements.--The Secretary shall award
the grant or contract under this subsection to a 4-year
institution of higher education that has demonstrated
expertise in the development of programs to assist single
parents who are students at institutions of higher education,
as shown by the institution's development of a variety of
targeted services to such students, including on-campus
housing, child care, counseling, advising, internship
opportunities, financial aid, and financial aid counseling
and assistance.
``(3) Center activities.--The center funded under this
section shall--
``(A) assist institutions implementing innovative programs
that support single parents pursuing higher education;
``(B) study and develop an evaluation protocol for such
programs that includes quantitative and qualitative
methodologies;
``(C) provide appropriate technical assistance regarding
the replication, evaluation, and continuous improvement of
such programs; and
``(D) develop and disseminate best practices for such
programs.''.
(c) Prohibition.--Section 741 is further amended by adding
after subsection (d) (as added by subsection (b) of this
section) the following new subsection:
``(e) Prohibition.--No funds made available under this part
may be used to provide financial assistance to students who
do not meet the requirements of section 484(a)(5).''.
[[Page 1682]]
(d) Technical Amendments.--Part B of title VII (20 U.S.C.
1038 et seq.) is further amended--
(1) in section 742 (20 U.S.C. 1138a)--
(A) in subsection (b)--
(i) by striking ``(1) In general.--''; and
(ii) by striking paragraph (2);
(B) in subsection (c), by striking ``and the Director''
each place it appears; and
(C) in subsection (d), by striking ``Director'' and
inserting ``Secretary'';
(2) in section 743 (20 U.S.C. 1138b)--
(A) by striking ``(a) Technical Employees.--''; and
(B) by striking subsection (b); and
(3) in section 744(a) (20 U.S.C. 1138c(a)), by striking
``Director'' each place it appears and inserting
``Secretary''.
(e) Areas of National Need.--Section 744(c) (20 U.S.C.
1138c(c)) is amended by adding at the end the following:
``(5) Establishment of academic programs including graduate
and undergraduate courses, seminars and lectures, support of
research, and development of teaching materials for the
purpose of supporting faculty and academic programs that
teach traditional American history (including significant
constitutional, political, intellectual, economic,
diplomatic, and foreign policy trends, issues, and documents;
the history, nature, and development of democratic
institutions of which American democracy is a part; and
significant events and individuals in the history of the
United States).''.
(f) Authorization of Appropriations.--Section 745 (20
U.S.C. 1138d) is amended by striking ``$30,000,000 for fiscal
year 1999'' and inserting ``$40,000,000 for fiscal year
2009''.
SEC. 706. URBAN-SERVING RESEARCH UNIVERSITIES.
Part C of title VII (20 U.S.C. 1139 et seq.) is amended to
read as follows:
``PART C--URBAN-SERVING RESEARCH UNIVERSITIES
``SEC. 751. PURPOSE; PROGRAM AUTHORIZED.
``(a) Purpose.--It is the purpose of this part to provide
incentives to urban-serving research universities to enable
such universities to expand research knowledge and to develop
and implement initiatives in partnership with community-based
organizations and other public or nonprofit private entities
to strengthen city economies, foster innovation and
opportunity, and solve urban challenges.
``(b) Program Authorized.--The Secretary is authorized to
award grants to urban-serving research universities to enable
such universities to carry out the activities described in
section 753 in accordance with the provisions of this part.
``SEC. 752. APPLICATION FOR URBAN-SERVING RESEARCH UNIVERSITY
GRANTS.
``(a) Application.--An urban-serving research university
seeking assistance under this part shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(b) Priority in Selection of Applications.--The Secretary
shall give priority to applications that propose to conduct
joint projects supported by Federal, State, and local
programs other than the program under this Act. In addition,
the Secretary shall give priority to urban-serving research
universities with a demonstrated record of effective
engagement in serving the communities in which such
universities are located.
``SEC. 753. ALLOWABLE ACTIVITIES.
``An urban-serving research university shall use funds
awarded under this part to further develop and apply research
findings to the development, implementation, and ongoing
evaluation of--
``(1) systemic initiatives with elementary and secondary
schools and other educational organizations designed to--
``(A) improve teacher quality and retention; or
``(B) develop strategies to improve postsecondary and
workplace readiness, particularly in fields related to
science, technology, engineering, and mathematics;
``(2) innovative economic revitalization efforts in
conjunction with community-based organizations and other
public or nonprofit private entities; or
``(3) public health outreach, education, and intervention
activities designed to reduce health disparities in urban
areas, in partnership with community-based organizations and
other public or nonprofit private entities.
``SEC. 754. DEFINITIONS.
``As used in this part:
``(1) Urban area.--The term `urban area' means a city with
a population of not less than 200,000 within a metropolitan
statistical area.
``(2) Urban-serving research university.--The term `urban-
serving research university' means a public institution of
higher education that--
``(A) meets the requirements of section 101;
``(B) is located in an urban area;
``(C) has the capacity to conduct applicable research, as
demonstrated by awarding more than 10 doctoral degrees per
academic year;
``(D) draws a substantial portion of its students from the
urban area in which such institution is located; and
``(E) has demonstrated and sustained a sense of
responsibility to such urban area and the people of such
area.
``SEC. 755. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $50,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years.''.
SEC. 707. PROGRAMS TO ENSURE STUDENTS WITH DISABILITIES
RECEIVE A QUALITY HIGHER EDUCATION.
(a) Serving All Students With Disabilities.--Section 762(a)
(20 U.S.C. 1140a(a)) is amended by striking ``students with
learning disabilities'' and inserting ``students with
disabilities''.
(b) Authorized Activities.--
(1) Amendment.--Section 762(b)(2) is amended--
(A) in subparagraph (A)--
(i) by inserting ``, including methods and strategies
consistent with the principles of universal design for
learning'' after ``strategies''; and
(ii) by inserting ``in order to improve retention and
completion'' after ``disabilities'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (F), respectively;
(C) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Effective transition practices.--The development of
innovative, effective, and efficient teaching methods and
strategies to ensure the smooth transition of students with
disabilities from high school to postsecondary education.'';
and
(D) by inserting after subparagraph (C) (as redesignated by
subparagraph (B) of this paragraph) the following new
subparagraphs:
``(D) Distance learning.--The development of innovative,
effective, and efficient teaching methods and strategies to
provide faculty and administrators with the ability to
provide accessible distance education programs or classes
that would enhance access of students with disabilities to
higher education, including the use of accessible electronic
communication for instruction and advisement.
``(E) Accessibility of education.--Making postsecondary
education more accessible to students with disabilities
through the use of accessible instructional materials and
curriculum development, consistent with the principles of
universal design for learning.''.
(2) Report.--Section 762 is further amended by adding at
the end the following new subsection:
``(d) Report.--Not later than 3 years after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall prepare and disseminate a report
reviewing the activities of the demonstration projects
authorized under this subpart and providing guidance and
recommendations on how successful projects can be
replicated.''.
(3) Conforming amendment.--Section 762(b)(3) is amended by
striking ``subparagraphs (A) through (C)'' and inserting
``subparagraphs (A) through (F)''.
(c) Applications.--Section 763 (20 U.S.C. 1140b) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) a description of how such institution plans to
address the activities allowed under this subpart;'';
(2) in paragraph (2)--
(A) by striking ``institution to develop'' and inserting
``institution, including students with disabilities, to
develop''; and
(B) by striking ``and'' at the end;
(3) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) a description of the extent to which an institution
will work to replicate the best practices of institutions of
higher education with demonstrated success in serving
students with disabilities.''.
(d) Authorization of Appropriations for Demonstration
Projects To Ensure Students With Disabilities Receive a
Quality Higher Education.--Section 765 (20 U.S.C. 1140d) is
amended by striking ``1999'' and inserting ``2009''.
(e) National Technical Assistance Center; Commission on
Accessible Materials; Programs To Support Improved Access to
Materials; Transition Programs for Students With Intellectual
Disabilities; Coordinating Center.--Part D of title VII (20
U.S.C. 1140 et seq.) is further amended--
(1) in the part heading, by striking ``DEMONSTRATION
PROJECTS'' and inserting ``PROGRAMS'';
(2) by inserting after the part heading the following:
``Subpart 1--Quality Higher Education''
; and
(3) by adding at the end the following:
``Subpart 2--National Technical Assistance Center; Commission on
Accessible Materials; Programs to Support Improved Access to Materials
``SEC. 766. NATIONAL CENTER.
``(a) Purpose.--It is the purpose of this subpart to
support the development of a national center to provide
information and technical assistance for students with
disabilities to improve the postsecondary recruitment,
retention, and completion success rates of such students.
``(b) Establishment and Support.--The Secretary shall, by
grant, contract, or cooperative agreement with an eligible
entity or partnership of two or more eligible entities,
provide for the establishment and support of a National
Center for Information and Technical Support for
Postsecondary Students with Disabilities (hereinafter in this
subpart referred to as the `Center') which shall carry out
the duties set forth in subsection (d).
``(c) Eligible Entity.--In this subpart, the term `eligible
entity' means an institution of higher education or a private
nonprofit organization with demonstrated expertise in--
``(1) supporting postsecondary students with disabilities;
[[Page 1683]]
``(2) technical knowledge necessary for the accessible
dissemination of information; and
``(3) working with a diverse range of types of institutions
of higher education, including community colleges.
``(d) Duties.--The duties of the Center shall include the
following:
``(1) Assistance to students and families.--The Center
shall provide information and technical assistance to
students with disabilities, their families, and disability
support service personnel related to practices supporting
students across a broad spectrum of disabilities, including--
``(A) information to assist prospective students with
disabilities in planning their postsecondary academic career
while they are in middle and secondary school;
``(B) research-based supports, services, and accommodations
which are available in postsecondary settings, including
services provided by other agencies such as vocational
rehabilitation;
``(C) information on student mentoring and networking
opportunities; and
``(D) successful recruitment and transition programs in
existence in postsecondary institutions.
``(2) Assistance to institutions of higher education.--The
Center shall provide information and technical assistance to
faculty, staff, and administrators of institutions of higher
education to improve the services provided to, the
accommodations for, the retention rates of, and the
completion rates of, students with disabilities in higher
education settings, which may include--
``(A) collection and dissemination of promising practices
and materials for accommodation and support of students with
disabilities;
``(B) development and provision of training modules for
higher education faculty on exemplary practices for
accommodating and supporting students with disabilities
across a range of academic fields; or
``(C) development of Internet-based tutorials for faculty,
including graduate teaching assistants and new faculty, on
promising practices related to support and retention of
students with disabilities in postsecondary education.
``(3) Information collection and dissemination.--The
Center shall be responsible for building and maintaining a
database of disability support services information with
respect to institutions of higher education, which shall be
available to the general public through a website built to
the highest technical standards of accessibility currently
practicable for the broad spectrum of individuals with
disabilities. Such database and website shall include
information on--
``(A) disability documentation requirements;
``(B) support services available;
``(C) links to financial aid;
``(D) accommodations policies;
``(E) accessible instructional materials;
``(F) other topics relevant to students with disabilities
and prospective students with disabilities; and
``(G) the information in the report described in paragraph
(5).
``(4) Professional standards for disability support
personnel.--The Center shall consolidate and disseminate
information with respect to professional standards in
existence for disability support services personnel and
offices in institutions of higher education and shall convene
a panel of experts to create and disseminate professional
standards for such personnel and offices.
``(5) Review and report.--The Center shall annually prepare
and disseminate a report analyzing the current condition of
postsecondary success for students with disabilities. Such
report shall include--
``(A) a review of the activities of the programs authorized
under ths part;
``(B) enrollment and graduation rates of students with
disabilities in institutions of higher education;
``(C) guidance on how successful postsecondary supports and
services for students with disabilities could be widely
implemented at institutions of higher education;
``(D) guidance on how to reduce barriers to full
participation for students with disabilities in higher
education; and
``(E) a description of activities necessary to facilitate a
substantial improvement in the postsecondary success of such
students.
``(e) Staffing of the Center.--The Center shall employ
disability support personnel with proven expertise in
providing training and technical assistance to practitioners.
Such personnel shall provide technical assistance to
individual colleges and universities seeking to provide
appropriate supports and services to students with
disabilities to improve enrollment, retention, and completion
rates of such students.
``SEC. 766A. ESTABLISHMENT OF ADVISORY COMMISSION ON
ACCESSIBLE INSTRUCTIONAL MATERIALS IN
POSTSECONDARY EDUCATION FOR STUDENTS WITH
DISABILITIES.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
commission to be known as the Advisory Commission on
Accessible Instructional Materials in Postsecondary Education
for Students with Disabilities, in this subpart referred to
as the `Commission'.
``(2) Membership.--
``(A) The Commission shall include one representative of
each of the following:
``(i) Department of Education Office of Postsecondary
Education.
``(ii) Department of Education Office of Special Education
and Rehabilitative Services.
``(iii) Department of Education Office for Civil Rights.
``(iv) Library of Congress National Digital Information and
Infrastructure Preservation Program Copyright Working Group.
``(v) Association on Higher Education and Disability.
``(vi) Association of American Publishers.
``(vii) Association of American University Presses.
``(viii) National Association of College Stores.
``(ix) National Council on Disability.
``(B) The Commission shall be composed of at least one but
not more than two representatives, as appointed by the
Secretary, of each of the following:
``(i) Staff from institutions of higher education with
demonstrated experience teaching or supporting students with
print disabilities, representing each of the following:
``(I) Large public institution of higher education.
``(II) Small public institution of higher education.
``(III) Large private institution of higher education.
``(IV) Small private institution of higher education.
``(V) Large community college.
``(VI) Small community college.
``(ii) Producers of materials in specialized formats,
including each of the following:
``(I) Braille.
``(II) Audio or synthesized speech.
``(III) Digital media.
``(iii) Developers of accessibility and publishing software
and supporting technologies.
``(iv) National organizations serving individuals with
visual impairments that have demonstrated experience in
technology evaluation research, academic publishing,
production of material in accessible formats, and educational
methodologies for such for individuals.
``(v) Postsecondary students with visual impairment.
``(vi) Postsecondary students with dyslexia or other
learning disabilities related to reading.
``(vii) Attorneys with expertise in copyright law.
``(C) The Commission shall include at least two, but not
more than three, representatives as appointed by the
Secretary, of national membership organizations representing
individuals with print disabilities, including each of the
following:
``(i) Individuals with visual impairments.
``(ii) Individuals with learning disabilities related to
reading.
``(D) The appointments of the members of the Commission
shall be made not later than 45 days after the date of
enactment of the College Opportunity and Affordability Act of
2007.
``(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
``(4) Initial meeting.--Not later than 30 days after the
date on which all members of the Commission have been
appointed, the Commission shall hold the Commission's first
meeting.
``(5) Meetings.--The Commission shall meet at the call of
the Chairperson. Meetings shall be publicly announced in
advance and open to the public.
``(6) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(7) Chairperson and vice chairperson.--The Commission
shall select a chairperson and vice chairperson from among
the members of the Commission.
``(b) Duties of the Commission.--
``(1) Study.--
``(A) In general.--The Commission shall conduct a thorough
study to assess the barriers, systemic issues, and technical
solutions available which may affect or improve the timely
delivery and quality of accessible instructional materials
for postsecondary students, faculty, and staff with print
disabilities, and make recommendations related to the
development of a comprehensive approach that will ensure that
postsecondary students with print disabilities can access
instructional materials in specialized formats in a timeframe
comparable to the availability of standard instructional
materials for students without disabilities.
``(B) Existing information.--To the extent practicable, in
carrying out the study under this paragraph, the Commission
shall identify and use existing research, recommendations,
and information from--
``(i) the Model Demonstration Programs to Support Improved
Access to Postsecondary Instructional Materials for Students
with Print Disabilities, as described in section 766B;
``(ii) the Advisory Council and the Technical Assistance
and Development Centers of the National Instructional
Materials Access Center;
``(iii) the Library of Congress National Digital
Information and Infrastructure Preservation Program Copyright
Working Group;
``(iv) the Association of Higher Education and Disabilities
E-Text Solutions Working Group;
``(v) the Recording for the Blind and Dyslexic's Technology
Advisory Committee;
``(vi) the Association of American Publishers Higher
Education Division's Critical Issues Task Force; and
``(vii) other existing research related to the creation and
distribution of accessible instructional materials for
students with print disabilities.
[[Page 1684]]
``(C) Recommendations.--The Commission shall develop
recommendations to be used to inform Federal regulation and
legislation, to identify best practices for systems of
creating, collecting, maintaining, processing, and
disseminating materials in specialized formats to eligible
students, faculty, and staff while providing adequate
copyright protections. In developing such recommendations,
the Commission shall consider--
``(i) how to ensure that students with print disabilities
may obtain instructional materials in accessible formats
within a timeframe comparable to the availability of
materials for students without disabilities;
``(ii) the feasibility and technical parameters of
establishing national standardized electronic file formats
such as, but not limited to, the National Instructional
Materials Accessibility Standard as defined in section
674(e)(3)(B) of the Individuals with Disabilities Education
Act, to be provided by publishers of instructional materials
to producers of specialized formats, institutions of higher
education, and eligible students;
``(iii) the feasibility of the establishment of a national
clearinghouse, repository, or file-sharing network for
electronic files in specialized formats and files used in
producing instructional materials in specialized formats, and
a list of possible entities qualified to administer such a
clearinghouse, repository, or network;
``(iv) the feasibility of including such a national
clearinghouse, repository, or file-sharing network in the
duties of the Center described in section 766;
``(v) market-based solutions involving collaborations
between publishers of instructional materials, producers of
specialized formats, and institutions of higher education,
including--
``(I) barriers and opportunities to market entry;
``(II) unique concerns affecting university presses, small
publishers, and solutions incorporating such works into a
shared system; and
``(III) solutions utilizing universal design;
``(vi) solutions for low-incidence, high-cost requests for
materials in specialized formats; and
``(vii) definitions of instructional materials, authorized
entities, and eligible students.
``(2) Report.--Not later than 24 months after the first
meeting, the Commission shall submit a report to the
Secretary and to Congress that shall contain a detailed
statement of the findings and conclusions of the Commission
resulting from the study under subsection (a), together with
the Commission's recommendations for such legislation and
administrative actions as the Commission considers to be
appropriate to implement the development of a comprehensive
approach that will ensure that postsecondary students with
print disabilities can access instructional materials in
specialized formats in a timeframe comparable to the
availability of standard instructional materials for students
without disabilities.
``(3) Facilitation of exchange of information.--In carrying
out the study under subsection (a), the Commission shall, to
the extent practicable, facilitate the exchange of
information concerning the issues that are the subject of the
study among--
``(A) officials of the Federal Government;
``(B) educators from Federal, State, and local institutions
of higher education and secondary schools;
``(C) publishers of instructional materials;
``(D) producers of materials in specialized formats;
``(E) representatives from the community of individuals
with print disabilities; and
``(F) participants in the Model Demonstration Programs to
Support Improved Access to Postsecondary Instructional
Materials for Students with Print Disabilities, as described
in section 766B.
``(c) Commission Personnel Matters.--
``(1) Compensation of members.--Each member of the
Commission who is not an officer or employee of the Federal
Government shall serve without compensation. All members of
the Commission who are officers or employees of the United
States shall serve without compensation in addition to that
received for their services as officers or employees of the
United States.
``(2) Travel expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
``(3) Staff.--
``(A) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform the Commission's duties. The employment
of an executive director shall be subject to confirmation by
the Commission.
``(B) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
``(4) Detail of government employees.--Any Federal
Government employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
``(5) Procurement of temporary and intermittent services.--
The Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
``(d) Termination of the Commission.--The Commission shall
terminate on the date that is 90 days after the date on which
the Commission submits the Commission's report under
subsection (b)(2).
``SEC. 766B. MODEL DEMONSTRATION PROGRAMS TO SUPPORT IMPROVED
ACCESS TO POSTSECONDARY INSTRUCTIONAL MATERIALS
FOR STUDENTS WITH PRINT DISABILITIES.
``(a) Purpose.--It is the purpose of this section to
support model demonstration programs to encourage the
development of systems to improve the timely delivery and
quality of postsecondary instructional materials in
specialized formats to students with print disabilities,
including systems to improve efficiency and reduce
duplicative efforts across multiple institutions of higher
education.
``(b) In General.--The Secretary shall, on a competitive
basis, award grants to, and enter into cooperative agreements
with, a minimum of one partnership of two or more eligible
entities to support the activities described in subsections
(d) and (e).
``(c) Partnership of Eligible Entities.--In this section, a
partnership of two or more eligible entities--
``(1) shall include--
``(A) an institution of higher education with demonstrated
expertise in meeting the needs of students with print
disabilities, including retention and completion of such
students; and
``(B) a public or private entity with demonstrated
expertise in working with the creation of accessible
instructional materials in specialized formats for
postsecondary students with print disabilities, and the
technical development expertise necessary for the efficient
dissemination of such materials, including procedures to
protect against copyright infringement with respect to the
creation, use, and distribution of print course materials in
specialized formats; and
``(2) may include one or more publishers of instructional
materials.
``(d) Required Activities.--The Secretary shall support the
development and implementation of the following:
``(1) Processes and systems to help identify, and verify
eligibility of, postsecondary students with print
disabilities in need of instructional materials in
specialized formats.
``(2) Procedures and systems to facilitate and simplify
request methods for accessible instructional materials in
specialized formats from eligible students, which may include
a single point-of-entry system.
``(3) Procedures and systems to coordinate between
institutions of higher education, publishers of instructional
materials, and entities that produce materials in specialized
formats, to efficiently facilitate requests for such
materials, the responses to such requests, and the delivery
of such materials.
``(4) Delivery systems that will ensure the timely
provision of instructional materials in specialized formats
to eligible students, which may include electronic file
distribution.
``(5) Systems to encourage reduction of duplicative
conversions of the same instructional materials for multiple
eligible students at multiple institutions of higher
education when such conversions may be shared.
``(6) Procedures to protect against copyright infringement
with respect to the creation, use, and distribution of
instructional materials while maintaining accessibility for
students with print disabilities, which may include digital
technologies such as watermarking, fingerprinting, and other
emerging strategies.
``(7) Awareness, outreach, and training activities for
faculty, staff, and students related to the acquisition and
dissemination of instructional materials in specialized
formats and instructional materials utilizing universal
design.
``(8) Evaluation of the effectiveness of the programs under
this section.
``(9) Guidance on how successful procedures and systems
described in paragraphs (1) through (7) could be disseminated
and implemented on a national basis.
``(e) Authorized Activities.--The Secretary may support the
development and implementation of the following:
``(1) Approaches limited to instructional materials used in
smaller categories of postsecondary courses, such as
introductory, first-, and second-year courses.
``(2) Market-based approaches for making instructional
materials in specialized formats directly available to
eligible students at prices comparable to standard
instructional materials.
``(3) Approaches supporting a unified search across
multiple databases or lists of available materials.
``(f) Application.--A partnership of eligible entities that
wishes to apply for a grant under this section shall submit
an application for such grant at such time, in such manner
and in such format as the Secretary may prescribe. The
application shall include information on how the partnership
will implement activities under subsection (d) and, as
applicable, subsection (e).
``(g) Priority.--In awarding grants under this section, the
Secretary shall give priority
[[Page 1685]]
consideration to any applications that include development
and implementation of the procedures and systems described in
subsection (e)(2) or (e)(3).
``(h) Report to Congress.--The Secretary shall submit
annually to the authorizing committees a report that
includes--
``(1) the number of grants and the amount of funds
distributed under this section;
``(2) a summary of the purposes for which the grants were
provided and an evaluation of the progress made under such
grants;
``(3) a summary of the activities implemented under
subsection (d) and, as applicable, subsection (e), including
data on the number of students served and the number of
instructional material requests executed and delivered in
specialized formats; and
``(4) an evaluation of the effectiveness of programs funded
under this section.
``(i) Model Expansion.--After 3 years, the Secretary shall
review the results of the evaluations of participating
partnerships, as well as the Commission report described in
section 766A. If the Secretary finds that models used under
this section are effective in improving the timely delivery
and quality of materials in specialized formats and provide
adequate protections against copyright infringement, the
Secretary may expand the demonstration program to additional
grantees reflecting regional and programmatic partnerships.
``(j) Model Expansion Special Rule.--The Commission's
recommendations shall be submitted to the Secretary and a
public comment period shall be issued prior to any expansion
under subsection (i). No later than 90 days after close of
public comment period, the Secretary shall issue guidance to
new and existing grantees, taking into consideration the
final Commission recommendations and public comments.
``(k) Rule of Construction.--Nothing in this subpart shall
be construed to limit or preempt any State law requiring the
production or distribution of postsecondary instructional
materials in accessible formats to students with
disabilities.
``SEC. 766C. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for fiscal year 2009
and each of the 4 succeeding fiscal years.
``Subpart 3--Transition Programs for Students With Intellectual
Disabilities Into Higher Education; Coordinating Center
``SEC. 767. PURPOSE.
``The purpose of this subpart is to support model
demonstration programs that promote the successful transition
of students with intellectual disabilities into higher
education.
``SEC. 768. DEFINITIONS.
``In this subpart:
``(1) Comprehensive transition and postsecondary program
for students with intellectual disabilities.--The term
`comprehensive transition and postsecondary program for
students with intellectual disabilities' means a degree,
certificate, or nondegree program that is--
``(A) offered by an institution of higher education; and
``(B) is described in section 484(s)(3).
``(2) Student with an intellectual disability.--The term
`student with an intellectual disability' means a student who
meets the criteria described in paragraphs (1) through (4) of
section 484(s).
``SEC. 769. MODEL COMPREHENSIVE TRANSITION AND POSTSECONDARY
PROGRAMS FOR STUDENTS WITH INTELLECTUAL
DISABILITIES.
``(a) Grants Authorized.--
``(1) In general.--The Secretary shall annually award
grants, on a competitive basis, to institutions of higher
education (or consortia of institutions of higher education),
to create or expand high-quality, inclusive model
comprehensive transition and postsecondary programs for
students with intellectual disabilities.
``(2) Duration of grants.--A grant under this section shall
be awarded for a period of 5 years.
``(b) Application.--An institution of higher education (or
a consortium) desiring a grant under this section shall
submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(c) Preference.--In awarding grants under this section,
the Secretary shall give preference to institutions of higher
education (or consortia) that--
``(1) will carry out a model program under the grant in a
State that does not already have a comprehensive transition
and postsecondary program for students with intellectual
disabilities; or
``(2) in the application submitted under subsection (b),
agree to incorporate 1 or more of the following elements into
the model programs carried out under the grant:
``(A) The formation of a partnership with any relevant
agency serving students with intellectual disabilities, such
as a vocational rehabilitation agency.
``(B) In the case of an institution of higher education
that provides institutionally owned or operated housing for
students attending the institution, the integration of
students with intellectual disabilities into such housing.
``(C) The involvement of students attending the institution
of higher education who are studying special education,
general education, vocational rehabilitation, assistive
technology, or related fields in the model program carried
out under the grant.
``(d) Use of Funds.--An institution of higher education (or
consortium) receiving a grant under this section shall use
the grant funds to establish a model comprehensive transition
and postsecondary program for students with intellectual
disabilities that--
``(1) serves students with intellectual disabilities;
``(2) provides individual supports and services for the
academic and social inclusion of students with intellectual
disabilities in academic courses, extracurricular activities,
and other aspects of the institution of higher education's
regular postsecondary program;
``(3) with respect to the students with intellectual
disabilities participating in the model program, provides a
focus on--
``(A) academic enrichment;
``(B) socialization;
``(C) independent living, including self-advocacy skills;
and
``(D) integrated work experiences and career skills that
lead to gainful employment;
``(4) integrates person-centered planning in the
development of the course of study for each student with an
intellectual disability participating in the model program;
``(5) participates with the coordinating center established
under section 770 in the evaluation of the model program;
``(6) partners with 1 or more local educational agencies to
support the participation of students with intellectual
disabilities in the model program who are still eligible for
special education and related services under the Individuals
with Disabilities Education Act, including regarding the
utilization of funds available under part B of such Act for
such students;
``(7) plans for the sustainability of the model program
after the end of the grant period; and
``(8) creates and offers a meaningful credential for
students with intellectual disabilities upon the completion
of the model program.
``(e) Matching Requirement.--An institution of higher
education that receives a grant under this section shall
provide matching funds toward the cost of the model
comprehensive transition and postsecondary program for
students with intellectual disabilities carried out under the
grant, which may be provided in cash or in kind, in an amount
not less than 25 percent of the amount of such grant funds.
``(f) Report.--Not later than 3 years after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall prepare and disseminate a report to
the authorizing committees and to the public that reviews the
activities of the model comprehensive transition and
postsecondary programs for students with intellectual
disabilities authorized under this subpart and provides
guidance and recommendations on how successful programs can
be replicated.
``SEC. 770. COORDINATING CENTER FOR TECHNICAL ASSISTANCE,
EVALUATION, AND DEVELOPMENT OF ACCREDITATION
STANDARDS.
``(a) In General.--
``(1) Award.--The Secretary shall, on a competitive basis,
enter into a cooperative agreement with an eligible entity,
for the purpose of establishing a coordinating center for
technical assistance, evaluation, and development of
accreditation standards for institutions of higher education
that offer inclusive model comprehensive transition and
postsecondary programs for students with intellectual
disabilities.
``(2) Duration.--The cooperative agreement under this
section shall be for a period of 5 years.
``(b) Requirements of Cooperative Agreement.--The eligible
entity entering into a cooperative agreement under this
section shall establish and maintain a center that shall--
``(1) serve as the technical assistance entity for all
model comprehensive transition and postsecondary programs for
students with intellectual disabilities assisted under
section 769;
``(2) provide technical assistance regarding the
development, evaluation, and continuous improvement of such
programs;
``(3) develop an evaluation protocol for such programs that
includes qualitative and quantitative methodology measuring
student outcomes and program strengths in the areas of
academic enrichment, socialization, independent living, and
competitive or supported employment;
``(4) assist recipients of grants under section 769 in
efforts to award a meaningful credential to students with
intellectual disabilities upon the completion of such
programs, which credential takes into consideration unique
State factors;
``(5) develop model criteria, standards, and procedures to
be used in accrediting such programs that--
``(A) include, in the development of the model criteria,
standards, and procedures for such programs, the
participation of--
``(i) an expert in higher education;
``(ii) an expert in special education;
``(iii) a disability organization that represents students
with intellectual disabilities; and
``(iv) a national, State, or regional accrediting agency or
association recognized by the Secretary under subpart 2 of
part H of title IV; and
``(B) define the necessary components of such programs,
such as--
``(i) academic, vocational, social, and independent living
skills;
``(ii) evaluation of student progress;
``(iii) program administration and evaluation;
``(iv) student eligibility; and
``(v) issues regarding the equivalency of a student's
participation in such programs to semester, trimester,
quarter, credit, or clock hours at an institution of higher
education, as the case may be;
[[Page 1686]]
``(6) analyze possible funding streams for such programs
and provide recommendations regarding funding streams;
``(7) develop model memoranda of agreement between
institutions of higher education and agencies providing
funding for such programs;
``(8) develop mechanisms for regular communication between
the recipients of grants under section 769 regarding such
programs; and
``(9) host a meeting of all recipients of grants under
section 769 not less often than once each year.
``(c) Definition of Eligible Entity.--In this section, the
term `eligible entity' means an entity, or a partnership of
entities, that has demonstrated expertise in the fields of
higher education, students with intellectual disabilities,
the development of comprehensive transition and postsecondary
programs for students with intellectual disabilities,
evaluation, and technical assistance.
``SEC. 770A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as may
be necessary to carry out this subpart for fiscal year 2009
and each of the 4 succeeding fiscal years.''.
(f) Conforming Amendments.--Part D of title VII (20 U.S.C.
1140 et seq.) is further amended--
(1) in section 761, by striking ``part'' and inserting
``subpart'';
(2) in section 762 (as amended by subsection (a)), by
striking ``part'' each place the term appears and inserting
``subpart'';
(3) in section 763, in the matter preceding paragraph (1),
by striking ``part'' and inserting ``subpart'';
(4) in section 764, by striking ``part'' and inserting
``subpart''; and
(5) in section 765, by striking ``part'' and inserting
``subpart''.
SEC. 708. SUBGRANTS TO NONPROFIT ORGANIZATIONS.
Section 771(e) (20 U.S.C. 1141(e)), as added by section 802
of the College Cost Reduction and Access Act of 2007, is
amended by inserting after ``of this Act)'' the following:
``, or those who have agreements with the Secretary under
section 435(d)(5)(J)''.
SEC. 709. NURSING EDUCATION.
Title VII (20 U.S.C. 1133 et seq.) is further amended by
adding at the end the following new part:
``PART F--NURSING EDUCATION
``SEC. 776. ADDITIONAL CAPACITY FOR R.N. STUDENTS OR
GRADUATE-LEVEL NURSING STUDENTS.
``(a) Authorization.--The Secretary shall award grants to
institutions of higher education that offer--
``(1) a R.N. nursing program at the baccalaureate or
associate degree level to enable such program to expand the
faculty and facilities of such program to accommodate
additional R.N. nursing program students; or
``(2) a graduate-level nursing program to accommodate
advanced practice degrees for Registered Nurses or to
accommodate students enrolled in a graduate-level nursing
program to provide teachers of nursing students.
``(b) Determination of Number of Students and
Application.--Each institution of higher education that
offers a program described in subsection (a) that desires to
receive a grant under this section shall--
``(1) determine for the 4 academic years preceding the
academic year for which the determination is made the average
number of matriculated nursing program students at such
institution for such academic years; and
``(2) submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may require, including the average number
determined under paragraph (1).
``(c) Grant Amount; Award Basis.--
``(1) Grant amount.--For each academic year after academic
year 2008-2009, the Secretary is authorized to provide to
each institution of higher education awarded a grant under
this section an amount that is equal to $3,000 multiplied by
the number of matriculated nursing program students at such
institution for such academic year that is more than the
average number determined with respect to such institution
under subsection (b)(1). Such amount shall be used for the
purposes described in subsection (a).
``(2) Distribution of grants among different degree
programs.--
``(A) In general.--Subject to subparagraph (B), from the
funds available to award grants under this section for each
fiscal year, the Secretary shall--
``(i) use 20 percent of such funds to award grants under
this section to institutions of higher education for the
purpose of accommodating advanced practice degrees or
students in graduate-level nursing programs;
``(ii) use 40 percent of such funds to award grants under
this section to institutions of higher education for the
purpose of expanding R.N. nursing programs at the
baccalaureate degree level; and
``(iii) use 40 percent of such funds to award grants under
this section to institutions of higher education for the
purpose of expanding R.N. nursing programs at the associate
degree level.
``(B) Distribution of excess funds.--If, for a fiscal year,
funds described in clause (i), (ii), or (iii) of subparagraph
(A) remain available after the Secretary awards grants under
this section to all applicants for the particular category of
nursing programs described in such clause, the Secretary
shall use equal amounts of the remaining funds to award
grants under this section to applicants for the remaining
categories of nursing programs.
``(C) Equitable distribution.--In awarding grants under
this section, the Secretary shall, to the extent practicable,
ensure--
``(i) an equitable geographic distribution of the grants
among the States; and
``(ii) an equitable distribution of the grants among
different types of institutions of higher education.
``(d) Prohibition.--
``(1) Use of funds.--Funds provided under this section may
not be used for the construction of new facilities.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to prohibit funds provided under this section
from being used for the repair or renovation of facilities.
``SEC. 777. NURSE FACULTY PILOT PROJECT.
``(a) Purposes.--The purposes of this section are to create
a pilot program--
``(1) to provide scholarships to qualified nurses in
pursuit of an advanced degree with the goal of becoming
faculty members in an accredited nursing program; and
``(2) to provide grants to partnerships between accredited
schools of nursing and hospitals or health facilities to fund
release time for qualified nurse employees, so that those
employees can earn a salary while obtaining an advanced
degree in nursing with the goal of becoming nurse faculty.
``(b) Assistance Authorized.--
``(1) Competitive grants authorized.--The Secretary may, on
a competitive basis, award grants to, and enter into
contracts and cooperative agreements with, partnerships
composed of an accredited school of nursing at an institution
of higher education and a hospital or health facility to
establish not more than 5 pilot projects to enable such
hospital or health facility to retain its staff of
experienced nurses while providing a mechanism to have such
nurses become, through an accelerated nursing education
program, faculty members of an accredited school of nursing.
``(2) Duration; evaluation and dissemination.--
``(A) Duration.--Grants under this section shall be awarded
for a period of 3 to 5 years.
``(B) Mandatory evaluation and dissemination.--Grants under
this section shall be primarily used for evaluation, and
dissemination to other institutions of higher education, of
the information obtained through the activities described in
subsection (a)(2).
``(3) Considerations in making awards.--In awarding grants
and entering into contracts and cooperative agreements under
this section, the Secretary shall consider the following:
``(A) Geographic distribution.--Providing an equitable
geographic distribution of such grants.
``(B) Rural and urban areas.--Distributing such grants to
urban and rural areas.
``(C) Range and type of institution.--Ensuring that the
activities to be assisted are developed for a range of types
and sizes of institutions of higher education.
``(D) Prior experience or exceptional programs.--The extent
to which institutions of higher education have demonstrated
prior experience in providing advanced nursing education
programs to prepare nurses interested in pursuing a faculty
role.
``(4) Uses of funds.--Funds made available by grant,
contract, or cooperative agreement under this section may be
used--
``(A) to develop a new national demonstration initiative to
align nursing education with the emerging challenges of
healthcare delivery; and
``(B) for any one or more of the following innovations in
educational programs:
``(i) To develop a clinical simulation laboratory in a
hospital, health facility, or accredited school of nursing.
``(ii) To purchase distance learning technologies.
``(iii) To fund release time for qualified nurses enrolled
in the graduate nursing program.
``(iv) To provide for faculty salaries.
``(v) To collect and analyze data on educational outcomes.
``(c) Applications.--Each partnership desiring to receive a
grant, contract, or cooperative agreement under this section
shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require. Each application shall include
assurances that--
``(1) the individuals enrolled in the program will be
qualified nurses in pursuit of a master's or doctoral degree
in nursing and have a contractual obligation with the
hospital or health facility that is in partnership with the
institution of higher education;
``(2) the hospital or health facility of employment will be
the clinical site for the accredited school of nursing
program;
``(3) individuals enrolled in the program will maintain
their employment on a part-time basis with the hospital or
health facility that allowed them to participate in the
program, and will receive an income from the hospital or
health facility, as a part-time employee, and release times
or flexible schedules to accommodate their class schedule;
and
``(4) upon completion of the program, such individuals will
be required to teach for 2 years in an accredited school of
nursing for each year of support the individual received
under this program.
``(d) Definition.--For purposes of this section, the term
`health facility' means an Indian Health Service center, a
Native Hawaiian health center, a hospital, a federally
qualified health center, a rural health clinic, a nursing
home, a
[[Page 1687]]
home health agency, a hospice program, a public health
clinic, a State or local department of public health, a
skilled nursing facility, or an ambulatory surgical center.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section not
more than $10,000,000 for fiscal year 2009 and such sums as
may be necessary for each of the 4 succeeding fiscal
years.''.
SEC. 710. NATIONAL STUDY ON HIGHER EDUCATION ACCESS AND
SUCCESS FOR STUDENTS WITH DISABILITIES.
(a) Study.--The Comptroller General shall conduct a study
of the barriers to, and opportunities for, the full
participation of students with disabilities in institutions
of higher education. The study shall address--
(1) the extent to which, and manner in which, students with
disabilities are--
(A) prepared to participate in postsecondary education upon
enrollment;
(B) applying to different types of institutions of higher
education;
(C) accepted into different types of institutions of higher
education;
(D) enrolling in and attending different types of
institutions of higher education;
(E) utilizing financial aid programs; and
(F) completing programs of study at different types of
institutions of higher education;
(2) factors that influence the accessibility of higher
education for a broad spectrum of students with different
disabilities, including--
(A) physical access;
(B) communication and outreach in accessible formats,
including websites, admissions information, financial aid
information, and other general information;
(C) availability of accessible instructional materials in a
timely manner;
(D) financial factors; and
(E) eligibility for, and ability to access, adequate
support services;
(3) the effectiveness and capacity of disability support
services in helping to recruit, retain, and support students
with disabilities to complete their programs of study, and
the role of disability support services relative to other
departments in institutions of higher education, including--
(A) the number of staff working in disability support
services offices;
(B) the budgets of disability support services offices; and
(C) the placement of the disability support services
offices within the administrative structure of the
institutions of higher education;
(4) the extent to which institutions of higher education
provide assistance to students with disabilities to
coordinate with, and receive services from, other support
programs that may be available to such students, including
services provided by local educational agencies, vocational
rehabilitation agencies, Social Security, Medicaid, and other
Federal, State, and local programs; and
(5) in institutions of higher education that have been
effective in recruiting and graduating students with
disabilities, the factors that may contribute to such
effectiveness, including--
(A) faculty and staff preparation related to working with
students with disabilities;
(B) program characteristics;
(C) accommodations and supports available; and
(D) any other relevant factors.
(b) Report.--The Comptroller General shall submit a report
regarding the results of the study under subsection (a) to
the authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) no later than
24 months after the date of the enactment of this Act.
TITLE VIII--ADDITIONAL PROGRAMS
SEC. 801. ADDITIONAL PROGRAMS.
The Higher Education Act of 1965 is further amended by
adding at the end the following new title:
``TITLE VIII--ADDITIONAL PROGRAMS
``SEC. 800. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
title such sums as may be necessary for fiscal year 2009 and
each of the 4 succeeding fiscal years.
``PART A--LOW TUITION
``SEC. 801. INCENTIVES AND REWARDS FOR LOW TUITION.
``(a) Rewards for Low Tuition.--
``(1) Competitive grants.--From funds made available under
section 800, the Secretary shall award grants on a
competitive basis to institutions of higher education that,
for academic year 2008-2009 or any succeeding academic year,
have an annual net tuition increase (expressed as a
percentage) for the most recent academic year for which
satisfactory data is available that is equal to or less than
the percentage change in the higher education price index for
such academic year.
``(2) Use of funds.--Funds awarded to an institution of
higher education under paragraph (1) shall be distributed by
the institution in the form of need-based grant aid to
students who are eligible for Federal Pell Grants, except
that no student shall receive an amount under this section
that would cause the amount of total financial aid received
by such student to exceed the cost of attendance of the
institution.
``(b) Rewards for Guaranteed Tuition.--
``(1) Bonus.--For each institution of higher education that
the Secretary determines complies with the requirements of
paragraph (2) or (3) of this subsection, the Secretary shall
provide to such institution a bonus amount. Such institution
shall award the bonus amount in the form of need-based aid
first to students who are eligible for Federal Pell Grants
who were in attendance at the institution during the award
year that such institution satisfied the eligibility criteria
for maintaining low tuition and fees, then to students who
are eligible for Federal Pell Grants who were not in
attendance at the institution during such award year.
``(2) 4-year institutions.--An institution of higher
education that provides a program of instruction for which it
awards a bachelor's degree complies with the requirements of
this paragraph if such institution guarantees that for any
academic year (or the equivalent) beginning on or after July
1, 2008, and for each of the 4 succeeding continuous academic
years, the net tuition charged to an undergraduate student
will not exceed--
``(A) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(B) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior academic year for which data is available,
multiplied by the amount determined under subparagraph (A).
``(3) Less-than 4-year institutions.--An institution of
higher education that does not provide a program of
instruction for which it awards a bachelor's degree complies
with the requirements of this paragraph if such institution
guarantees that for any academic year (or the equivalent)
beginning on or after July 1, 2008, and for each of the 1.5
succeeding continuous academic years, the net tuition charged
to an undergraduate student will not exceed--
``(A) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(B) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior academic year for which data is available,
multiplied by the amount determined under subparagraph (A).
``(c) Maintaining Affordable Tuition.--
``(1) Institution reports.--If an institution of higher
education has an increase in annual net tuition (expressed as
a percentage), for the most recent academic year for which
satisfactory data is available, that is greater than the
percentage increase in the higher education price index for
such academic year, the institution or a representative
association is required to submit to the Secretary the
following information, within 6 months of such determination:
``(A) A report on the factors contributing to the increase
in the institution's costs and the increase in net tuition
and fees charged to students, including identification of the
major areas in the institution's budget with the greatest
cost increases.
``(B) The institution's 3 most recent Form 990s submitted
to the Internal Revenue Service, as required under section
6033 of the Internal Revenue Code of 1986.
``(C) A description of the major areas of expenditures in
the institution's budget with the greatest increase for such
academic year.
``(D) A description of actions being taken by the
institution to reduce net tuition.
``(2) Report to congress.--The Secretary shall compile the
information submitted under this subsection and shall provide
to the authorizing committees an annual report relating to
such information.
``(d) Definitions.--In this section:
``(1) Net tuition.--The term `net tuition' means the
average tuition and fees charged to a full-time undergraduate
student by an institution of higher education for an academic
year, minus the average grant amount received by such a
student for such academic year.
``(2) Higher education price index.--The term `higher
education price index' means the higher education price index
developed pursuant to section 133(b).
``PART B--COOPERATIVE EDUCATION
``SEC. 811. STATEMENT OF PURPOSE; DEFINITION.
``(a) Purpose.--It is the purpose of this part to award
grants to institutions of higher education or combinations of
such institutions to encourage such institutions to develop
and make available to as many of their students as possible
work experience that will aid such students in future careers
and will enable such students to support themselves
financially while in school.
``(b) Definition.--In this part the term `cooperative
education' means the provision of alternating or parallel
periods of academic study and public or private employment to
give students work experiences related to their academic or
occupational objectives and an opportunity to earn the funds
necessary for continuing and completing their education.
``SEC. 812. RESERVATIONS.
``(a) Reservations.--Of the amount appropriated to carry
out this part under section 800 in each fiscal year--
``(1) not less than 50 percent shall be available for
awarding grants to institutions of higher education and
combinations of such institutions described in section
813(a)(1)(A) for cooperative education under section 813;
``(2) not less than 25 percent shall be available for
awarding grants to institutions of higher education described
in section 813(a)(1)(B) for cooperative education under
section 813;
``(3) not to exceed 11 percent shall be available for
demonstration projects under paragraph (1) of section 814(a);
[[Page 1688]]
``(4) not to exceed 11 percent shall be available for
training and resource centers under paragraph (2) of section
814(a); and
``(5) not to exceed 3 percent shall be available for
research under paragraph (3) of section 814(a).
``(b) Availability of Appropriations.--Appropriations under
this part shall not be available for the payment of
compensation of students for employment by employers under
arrangements pursuant to this part.
``SEC. 813. GRANTS FOR COOPERATIVE EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--The Secretary is authorized, from the
amount available to carry out this part under section 800 in
each fiscal year and in accordance with the provisions of
this part--
``(A) to award grants to institutions of higher education
or combinations of such institutions that have not received a
grant under this paragraph in the 10-year period preceding
the date for which a grant under this section is requested to
pay the Federal share of the cost of planning, establishing,
expanding, or carrying out programs of cooperative education
by such institutions or combinations of institutions; and
``(B) to award grants to institutions of higher education
that are operating an existing cooperative education program
as determined by the Secretary to pay the cost of planning,
establishing, expanding, or carrying out programs of
cooperative education by such institutions.
``(2) Program requirement.--Cooperative education programs
assisted under this section shall provide alternating or
parallel periods of academic study and of public or private
employment, giving students work experience related to their
academic or occupational objectives and the opportunity to
earn the funds necessary for continuing and completing their
education.
``(3) Amount of grants.--
``(A) The amount of each grant awarded pursuant to
paragraph (1)(A) to any institution of higher education or
combination of such institutions in any fiscal year shall not
exceed $500,000.
``(B)(i) Except as provided in clauses (ii) and (iii), the
Secretary shall award grants in each fiscal year to each
institution of higher education described in paragraph (1)(B)
that has an application approved under subsection (b) in an
amount which bears the same ratio to the amount reserved
pursuant to section 812(a)(2) for such fiscal year as the
number of unduplicated students placed in cooperative
education jobs during the preceding fiscal year by such
institution of higher education (other than cooperative
education jobs under section 814 and as determined by the
Secretary) bears to the total number of all such students
placed in such jobs during the preceding fiscal year by all
such institutions.
``(ii) No institution of higher education shall receive a
grant pursuant to paragraph (1)(B) in any fiscal year in an
amount which exceeds 25 percent of such institution's
cooperative education program's personnel and operating
budget for the preceding fiscal year.
``(iii) The minimum annual grant amount which an
institution of higher education is eligible to receive under
paragraph (1)(B) is $1,000 and the maximum annual grant
amount is $75,000.
``(4) Limitation.--The Secretary shall not award grants
pursuant to paragraphs (1)(A) and (B) to the same institution
of higher education or combination of such institution in any
one fiscal year.
``(5) Uses.--Grants under paragraph (1)(B) shall be used
exclusively--
``(A) to expand the quality of and participation in a
cooperative education program;
``(B) for outreach in new curricular areas; and
``(C) for outreach to potential participants including
underrepresented and nontraditional populations.
``(b) Applications.--Each institution of higher education
or combination of such institutions desiring to receive a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary
shall prescribe. Each such application shall--
``(1) set forth the program or activities for which a grant
is authorized under this section;
``(2) specify each portion of such program or activities
which will be performed by a nonprofit organization or
institution other than the applicant, and the compensation to
be paid for such performance;
``(3) provide that the applicant will expend during the
fiscal year for which the grant is awarded for the purpose of
such program or activities not less than the amount expended
for such purpose during the previous fiscal year;
``(4) describe the plans which the applicant will carry out
to assure, and contain a formal statement of the
institution's commitment which assures, that the applicant
will continue the cooperative education program beyond the 5-
year period of Federal assistance described in subsection
(c)(1) at a level which is not less than the total amount
expended for such program during the first year such program
was assisted under this section;
``(5) provide that, in the case of an institution of higher
education that provides a 2-year program which is acceptable
for full credit toward a bachelor's degree, the cooperative
education program will be available to students who are
certificate or associate degree candidates and who carry at
least one-half of the normal full-time academic workload;
``(6) provide that the applicant will--
``(A) make such reports as may be necessary to ensure that
the applicant is complying with the provisions of this
section, including reports for the second and each succeeding
fiscal year for which the applicant receives a grant with
respect to the impact of the cooperative education program in
the previous fiscal year, including--
``(i) the number of unduplicated student applicants in the
cooperative education program;
``(ii) the number of unduplicated students placed in
cooperative education jobs;
``(iii) the number of employers who have hired cooperative
education students;
``(iv) the income for students derived from working in
cooperative education jobs; and
``(v) the increase or decrease in the number of
unduplicated students placed in cooperative education jobs in
each fiscal year compared to the previous fiscal year; and
``(B) keep such records as may be necessary to ensure that
the applicant is complying with the provisions of this part,
including the notation of cooperative education employment on
the student's transcript;
``(7) describe the extent to which programs in the academic
disciplines for which the application is made have had a
favorable reception by public and private sector employers;
``(8) describe the extent to which the institution is
committed to extending cooperative education on an
institution-wide basis for all students who can benefit;
``(9) describe the plans that the applicant will carry out
to evaluate the applicant's cooperative education program at
the end of the grant period;
``(10) provide for such fiscal control and fund accounting
procedures as may be necessary to assure proper disbursement
of, and accounting for, Federal funds paid to the applicant
under this part;
``(11) demonstrate a commitment to serving all underserved
populations at the institution; and
``(12) include such other information as may be necessary
to carry out the provisions of this part.
``(c) Duration of Grants; Federal Share.--
``(1) Duration of grants.--No individual institution of
higher education may receive, individually or as a
participant in a combination of such institutions--
``(A) a grant pursuant to subsection (a)(1)(A) for more
than 5 fiscal years; or
``(B) a grant pursuant to subsection (a)(1)(B) for more
than 5 fiscal years.
``(2) Federal share.--The Federal share of a grant under
subsection (a)(1)(A) may not exceed--
``(A) 85 percent of the cost of carrying out the program or
activities described in the application in the first year the
applicant receives a grant under this section;
``(B) 70 percent of such cost in the second such year;
``(C) 55 percent of such cost in the third such year;
``(D) 40 percent of such cost in the fourth such year; and
``(E) 25 percent of such cost in the fifth such year.
``(3) Special rule.--Any provision of law to the contrary
notwithstanding, the Secretary shall not waive the provisions
of this subsection.
``(d) Maintenance of Effort.--If the Secretary determines
that a recipient of funds under this section has failed to
maintain the fiscal effort described in subsection (b)(3),
then the Secretary may elect not to make grant payments under
this section to such recipient.
``(e) Factors for Special Consideration of Applications.--
``(1) In general.--In approving applications under this
section, the Secretary shall give special consideration to
applications from institutions of higher education or
combinations of such institutions for programs which show the
greatest promise of success because of--
``(A) the extent to which programs in the academic
discipline with respect to which the application is made have
had a favorable reception by public and private sector
employers;
``(B) the strength of the commitment of the institution of
higher education or combination of such institutions to
cooperative education as demonstrated by the plans and
formalized institutional commitment statement which such
institution or combination has made to continue the program
after the termination of Federal financial assistance;
``(C) the extent to which the institution or combination of
institutions is committed to extending cooperative education
for all students who can benefit; and
``(D) such other factors as are consistent with the
purposes of this section.
``(2) Additional special consideration.--The Secretary
shall also give special consideration to applications from
institutions of higher education or combinations of such
institutions which demonstrate a commitment to serving all
underserved populations attending such institutions.
``SEC. 814. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING
AND RESOURCE CENTERS; AND RESEARCH.
``(a) Authorization.--The Secretary is authorized, in
accordance with the provisions of this section, to make
grants and enter into contracts--
``(1) from the amounts available in each fiscal year under
section 812(a)(3), for the conduct of demonstration projects
designed to demonstrate or determine the feasibility or value
of innovative methods of cooperative education;
``(2) from the amounts available in each fiscal year under
section 812(a)(4), for the conduct of training and resource
centers designed to--
``(A) train personnel in the field of cooperative
education;
``(B) improve materials used in cooperative education
programs if such improvement is conducted in conjunction with
other activities described in this paragraph;
[[Page 1689]]
``(C) furnish technical assistance to institutions of
higher education to increase the potential of the institution
to continue to conduct a cooperative education program
without Federal assistance;
``(D) encourage model cooperative education programs which
furnish education and training in occupations in which there
is a national need;
``(E) support partnerships under which an institution
carrying out a comprehensive cooperative education program
joins with one or more institutions of higher education in
order to (i) assist the institution that is not the
institution carrying out the cooperative education program to
develop and expand an existing program of cooperative
education, or (ii) establish and improve or expand
comprehensive cooperative education programs; and
``(F) encourage model cooperative education programs in the
fields of science and mathematics for women and minorities
who are underrepresented in such fields; and
``(3) from the amounts available in each fiscal year under
section 812(a)(5), for the conduct of research relating to
cooperative education.
``(b) Administrative Provision.--
``(1) In general.--To carry out this section, the Secretary
may--
``(A) make grants to or contracts with institutions of
higher education, or combinations of such institutions; and
``(B) make grants to or contracts with other public or
private nonprofit agencies or organizations, whenever such
grants or contracts will make an especially significant
contribution to attaining the objectives of this section.
``(2) Limitation.--
``(A) The Secretary may not use more than 3 percent of the
amount appropriated to carry out this section in each fiscal
year to enter into contracts described in paragraph (1)(A).
``(B) The Secretary may use not more than 3 percent of the
amount appropriated to carry out this section in each fiscal
year to enter into contracts described in paragraph (1)(B).
``(c) Supplement Not Supplant.--A recipient of a grant or
contract under this section may use the funds provided only
so as to supplement and, to the extent possible, increase the
level of funds that would, in the absence of such funds, be
made available from non-Federal sources to carry out the
activities supported by such grant or contract, and in no
case to supplant such funds from non-Federal sources.
``PART C--COLLEGE PARTNERSHIP GRANTS
``SEC. 821. COLLEGE PARTNERSHIP GRANTS AUTHORIZED.
``(a) Grants Authorized.--From the amount appropriated to
carry out this part under section 800, the Secretary shall
award grants to eligible partnerships for the purposes of
developing and implementing articulation agreements.
``(b) Eligible Partnerships.--For purposes of this part, an
eligible partnership shall include at least two institutions
of higher education, or a system of institutions of higher
education, and may include either or both of the following:
``(1) A consortia of institutions of higher education.
``(2) A State higher education agency.
``(c) Priority.--The Secretary shall give priority to
eligible partnerships that--
``(1) are located in a State that is in compliance with
section 486A; or
``(2) include--
``(A) 1 or more junior or community colleges (as defined by
section 312(f) of this Act) that award associate's degrees;
and
``(B) 1 or more institutions of higher education that offer
a baccalaureate or post baccalaureate degree not awarded by
the institutions described in subparagraph (A) with which it
is partnered.
``(d) Mandatory Use of Funds.--Grants awarded under this
part shall be used for--
``(1) the development of policies and programs to expand
opportunities for students to earn bachelor's degrees, by
facilitating the transfer of academic credits between
institutions and expanding articulation and guaranteed
transfer agreements between institutions of higher education,
including through common course numbering and general
education core curriculum;
``(2) academic program enhancements; and
``(3) programs to identify and remove barriers that inhibit
student transfers, including technological and informational
programs.
``(e) Optional Use of Funds.--Grants awarded under this
part may be used for--
``(1) support services to students participating in the
program, such as tutoring, mentoring, and academic and
personal counseling; and
``(2) any service that facilitates the transition of
students between the partner institutions.
``(f) Prohibition.--No funds provided under this section
shall be used to financially compensate an institution for
the purposes of entering into an articulation agreement or
for accepting students transferring into such institution.
``(g) Applications.--Any eligible partnership that desires
to obtain a grant under this section shall submit to the
Secretary an application at such time, in such manner, and
containing such information or assurances as the Secretary
may require.
``(h) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out this section.
``(i) Definition.--For purposes of this section, the term
`articulation agreement' means an agreement between
institutions of higher education that specifies the
acceptability of courses in transfer toward meeting specific
degree requirements.
``PART D--STUDENT SUCCESS GRANTS
``SEC. 826. STUDENT SUCCESS GRANTS.
``(a) Authorization of Pilot Program.--From the amount
appropriated to carry out this part under section 800, the
Secretary is authorized to award grants on a competitive
basis to eligible institutions for the purposes of helping
low-income students succeed in persisting in and completing
postsecondary education and training programs.
``(b) Definitions.--
``(1) Eligible institution.--In this section, the term
`eligible institution' means an institution of higher
education in which, during the three-year period preceding
the year in which the institution is applying for a grant
under this section, an average of not less than 50 percent of
the institution's entering first-year students are enrolled
in developmental courses to bring reading, writing, or
mathematics skills up to college-level.
``(2) Eligible student.--In this section, the term
`eligible student' means a student who--
``(A) is eligible to receive assistance under section 401;
``(B) is a first-year student at the time of entering the
pilot program; and
``(C) is selected by an eligible institution to participate
in the pilot program.
``(c) Application.--An eligible institution seeking a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(d) Student Success Grant Amount.--For an award year,
each institution selected to participate in this pilot
program shall receive an amount equal to $1,500 multiplied by
the number of students the institution selects to participate
in the pilot program in such year. An institution shall not
select more than 200 students to participate in the pilot
program under this section during such year.
``(e) Priority for Replication of Evidence-Based Policies
and Practices.--The Secretary shall give priority to
applications submitted by eligible institutions that propose
to replicate policies and practices that have proven
effective in increasing persistence and completion by low-
income students or students in need of developmental
education.
``(f) Peer Review.--The Secretary shall convene a peer
review process to review applications for grants under this
section and to make recommendations to the Secretary
regarding the selection of grantees. Members of the peer
review committee shall include researchers and practitioners
who are recognized experts on services and policies to
increase low income student success in postsecondary
education and training. No member of the committee shall be
in a position to benefit financially from the grants to
eligible institutions under subsection (d).
``(g) Mandatory Uses.--An eligible institution that
receives a grant under this section shall use the grant funds
to assign a Student Success Coach to every first-year student
participating in the pilot program to provide intensive
career and academic advising, ongoing personal help in
navigating college services such as financial aid and
registration, and assistance in connecting to community
resources that can help students overcome family and personal
challenges to success. Student Success Coaches--
``(1) shall work with not more than 50 new students during
any academic period;
``(2) may be employees of academic departments, student
services offices, community-based organizations, or other
entities as deemed appropriate by the institution; and
``(3) shall meet with each eligible student selected for
the pilot program before registration for courses.
``(h) Permissible Uses.--An eligible institution that
receives a grant under this section may use the grant funds
to provide services and program innovations for students
participating in the pilot, including the following:
``(1) College and career success courses, with tuition and
fees for the course covered by the Student Success Grant.
These courses may cover college success topics, including how
to take notes, how to study, how to take tests, and how to
budget time, and may also include a substantial career
exploration component. Institutions may use such courses to
help students develop a College and Career Success Plan so
that by the end of the first semester the students have a
clear sense of their career goals and what classes to take to
achieve such goals.
``(2) Work-study jobs with private employers in the
students' fields of study.
``(3) Learning communities that ensure that students
participating in the pilot are clustered together for at
least two courses beginning in the first semester after
enrolling and have other opportunities to create and maintain
bonds that allow them to provide academic and social support
to each other.
``(4) Curricular redesign, which may include such
innovations as `blended' or accelerated remediation classes
that help Student Success Grant recipients to attain college-
level reading, writing, math skills (or a combination
thereof) more rapidly than traditional remediation formats
allow, and intensive skills refresher classes, offered prior
to each semester, to help students who have tested into
remedial coursework to reach entry level assessment scores
for the postsecondary programs they wish to enter.
``(5) Instructional support, such as learning labs,
supplemental instruction, and tutoring.
``(6) Assistance with support services, such as child care
and transportation.
[[Page 1690]]
``(i) Grant Period; Additional Technical Assistance.--
``(1) Grant period.--Grants made under this section shall
be for a period of not less than 60 months.
``(2) Additional technical assistance.--After 36 months,
the Secretary shall review the performance of the Student
Success Grant pilot program students at each institution, and
if no significant improvements have been made by Student
Success Grant pilot program students in persistence and
completion at an institution, then the Secretary shall
provide additional technical assistance to help the
institution improve outcomes.
``(j) Required Non-Federal Share.--
``(1) In general.--Each institution participating in the
pilot program under this section shall provide a non-Federal
match of 25 percent of the amount of grant to carry out the
activities of the pilot program. The non-Federal share under
this section may be provided in cash or in kind.
``(2) Effect on need analysis.--For the purpose of
calculating a student's need in accordance with part F of
this title, services or benefits under this section shall not
be considered to be an asset or income of the student or the
students parents.
``(k) Technical Assistance.--The Secretary shall enter into
contracts with private entities to provide such technical
assistance to grantees under this section as the Secretary
determines appropriate.
``(l) Evaluation.--
``(1) Outcome evaluations.--The Secretary shall conduct an
evaluation of program outcomes under the pilot program, and
shall disseminate to the public the findings from the
evaluation and information on best practices. The Secretary
is encouraged to partner with other providers of funds, such
as private foundations, to allow for use of an experimental
or quasi-experimental evaluation in at least one of the pilot
program sites.
``(2) Institutional participation.--As a condition of
receiving grants under this section, participating
institutions shall work with the evaluator to track
persistence and completion outcomes for students in the pilot
program, specifically the proportion of these students who
take and complete developmental education courses, the
proportion who take and complete college-level coursework,
and the proportion who complete certificates and degrees.
This data shall be broken down by race, ethnicity, and age
and the evaluator shall assist institutions in analyzing this
data to compare Student Success Grant pilot program
participants to comparable nonparticipants, using statistical
techniques to control for differences in the groups.
``(3) Annual reports.--Participating institutions under
this section shall report on the data specified in paragraph
(2) annually and the Secretary shall make this data publicly
available.
``PART E--JOBS TO CAREERS
``SEC. 831. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS.
``(a) Authorization of Program.--From amounts appropriated
to carry out this part under section 800, the Secretary shall
award grants, on a competitive basis, to institutions of
higher education for the purposes of improving developmental
education, including English language instruction, by
customizing developmental education to student career goals,
and helping students move rapidly from developmental
coursework into for-credit occupational program courses and
through program completion. The grants under this section
shall focus in particular on creating bridges to for-credit
occupational certificate programs that are articulated to
degree programs.
``(b) Application.--An eligible institution seeking a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(c) Priorities.--The Secretary shall give priority to
applications that--
``(1) are from institutions of higher education in which
not less than 50 percent of the institution's entering first-
year students who are subject to mandatory assessment, are
assessed as needing developmental courses to bring reading,
writing, or mathematics skills up to college-level; and
``(2) propose to replicate practices that have proven
effective with adults or propose to collaborate with adult
education providers.
``(d) Peer Review.--The Secretary shall convene a peer
review process to review applications for grants under this
section and to make recommendations to the Secretary
regarding the selection of grantees.
``(e) Mandatory Activity.--An eligible institution that
receives a grant under this section shall use the grant funds
to create workforce bridge programs that customize
developmental education curricula, including English language
instruction, to the content of the for-credit occupational
certificate or degree programs, or clusters of such programs,
in which developmental education students seek to enroll.
Such bridge programs may include those that integrate the
curricula and the instruction of both developmental and
college-level coursework or that dually enroll students in
remediation and college-level coursework.
``(f) Permissible Activities.--An eligible institution that
receives a grant under this section, in addition to creating
workforce bridge programs, may use the grant funds to carry
out the following:
``(1) Design and implement innovative ways to improve
retention in and completion of developmental education
courses, including enrolling students in cohorts,
accelerating course content, integrating remediation and
college-level curricula and instruction, dually enrolling
students in developmental and college-level courses,
tutoring, providing counseling and other supportive services,
and giving small, material incentives for attendance and
performance.
``(2) In consultation with faculty in the appropriate
departments, redesignating class schedules to meet the needs
of working adults, such as by creating evening, weekend,
modular, compressed, distance-learning formats, or other
alternative schedules.
``(3) Improving the quality of teaching in remedial courses
through professional development, reclassification of such
teaching positions, or other means the eligible institution
determines appropriate.
``(4) Any other activities the eligible institution and the
Secretary determine will promote retention of, and completion
by, students attending institutions of higher education.
``(5) Fully advise students on the range of options and
programs available, which may include: diploma;
certification; 2-year degree; associate's degree; transfer
degree to upper division; and career options.
``(g) Grant Period.--Grants made under this section shall
be for a period of not less than 36 months and not more than
60 months.
``(h) Technical Assistance.--The Secretary shall provide
technical assistance to grantees under this section
throughout the grant period.
``(i) Evaluation.--The Secretary shall conduct an
evaluation of program impacts under the demonstration
program, and shall disseminate to the public the findings
from the evaluation and information on best practices. The
Secretary is encouraged to partner with other providers of
funds, such as private foundations, to allow for use of a
random assignment evaluation in at least one of the
demonstration sites.
``(j) Definition of Institution.--In this section, the term
`institution of higher education' means an institution of
higher education as defined in section 101(a).
``PART F--PROJECT GRAD
``SEC. 836. PROJECT GRAD.
``(a) Purposes.--The purposes of this part are--
``(1) to provide support and assistance to programs
implementing integrated education reform services in order to
improve secondary school graduation and college attendance
and completion rates for disadvantaged students; and
``(2) to promote the establishment of new programs to
implement such integrated education reform services.
``(b) Grant Authorized.--From the amount appropriated to
carry out this part under section 800, the Secretary is
authorized to award a grant to Project GRAD USA (referred to
in this part as the `grantee'), a nonprofit educational
organization that has as its primary purpose the improvement
of secondary school graduation and college attendance and
completion rates for disadvantaged students, to implement and
sustain the integrated education reform services described in
subsection (d)(3) at existing Project GRAD program sites and
to promote the expansion of such programs to new sites.
``(c) Requirements of Grant Agreement.--The Secretary shall
enter into an agreement with the grantee that requires that
the grantee shall--
``(1) enter into subcontracts with nonprofit educational
organizations that serve a substantial number or percentage
of low-income students (referred to in this part as
`subcontractors'), under which the subcontractors agree to
implement the programs described in subsection (d) and
provide matching funds for such programs;
``(2) directly carry out--
``(A) activities to implement and sustain the literacy,
mathematics, classroom management, social service, and
college access programs further described in subsection
(d)(3);
``(B) activities to build the organizational and management
capacity of the subcontractors to effectively implement and
sustain the programs;
``(C) activities for the purpose of improving and expanding
the programs, including but not limited to activities to
further articulate a program for one or more grade levels and
across grade levels, to tailor a program for a particular
target audience, and provide tighter integration across
programs;
``(D) activities for the purpose of implementing new
Project GRAD program sites;
``(E) activities for the purpose of promoting greater
public awareness of integrated education reform services to
improve secondary school graduation and college attendance
rates for disadvantaged students; and
``(F) other activities directly related to improving
secondary school graduation and college attendance and
completion rates for disadvantaged students; and
``(3) use grant funds available under this part to pay--
``(A) the amount determined under subsection (f)(1); and
``(B) costs associated with carrying out the activities and
providing the services, as provided in paragraph (2) of this
subsection.
``(d) Supported Programs.--
``(1) Designation.--The subcontractor programs referred to
in subsection (c)(1) shall be known as Project GRAD programs.
``(2) Feeder patterns.--Each subcontractor shall implement
a Project GRAD program and shall, with the agreement of the
grantee--
``(A) identify or establish not less than one `feeder
pattern' of public schools, where `feeder
[[Page 1691]]
pattern' is defined as a high school and the elementary
schools and middle schools that channel students into that
high school; and
``(B) provide the integrated educational reform services
described in paragraph (3) at the identified feeder pattern
or feeder patterns.
``(3) Integrated education reform services.--The services
provided through a Project GRAD program may include--
``(A) research-based programs in reading, mathematics, and
classroom management;
``(B) campus-based social services programs, including a
systematic approach to increase family and community
involvement in the schools served by the Project GRAD
program;
``(C) a college access program that includes--
``(i) providing college scholarships for students who meet
established criteria;
``(ii) proven approaches for increasing student and family
college awareness; and
``(iii) assistance for such students in applying for higher
education financial aid; and
``(D) such other services identified by the grantee as
necessary to increase secondary school graduation and college
attendance and completion rates.
``(e) Use of Funds.--Of the funds made available to carry
out this part under section 800, not more than 8 percent of
such funds, or $4,000,000, whichever is less, shall be used
by the grantee to pay for administration of the grant, with
the remainder of funds to be used for the purposes described
in subsections (c)(1) and (2).
``(f) Grantee Contribution and Matching Requirement.--
``(1) In general.--The grantee shall provide to each
subcontractor an average of $200 for each pupil served by the
subcontractor in the Project GRAD program, adjusted to take
into consideration--
``(A) the resources available in the area where the
subcontractor will implement the Project GRAD program; and
``(B) the need for Project GRAD programs in such area to
improve student outcomes.
``(2) Matching requirement.--Each subcontractor shall
provide funds for the Project GRAD program in an amount that
is equal to the amount received by the subcontractor from the
grantee. Such matching funds may be provided in cash or in
kind, fairly evaluated.
``(3) Waiver authority.--The grantee may waive, in whole or
in part, the requirement of paragraph (2) for a
subcontractor, if the subcontractor--
``(A) demonstrates that it would not otherwise be able to
participate in the program; and
``(B) enters into an agreement with the grantee with
respect to the amount to which the waiver will apply.
``(4) Decrease in grantee share.--Based on the funds or
resources available to a subcontractor, the grantee may elect
to provide the subcontractor with an amount that is less than
the amount determined under paragraph (1).
``(g) Evaluation.--
``(1) Evaluation by the secretary.--The Secretary shall
select an independent entity to evaluate, every 3 years, the
performance of students who participate in a Project GRAD
program under this part. The evaluation shall--
``(A) be conducted using a rigorous research design for
determining the effectiveness of the Project GRAD programs
funded under this part; and
``(B) compare reading and mathematics achievement and,
where applicable, the secondary school graduation, college
attendance, and college completion rates of students who
participate in a Project GRAD program funded under this part
with those indicators for students of similar backgrounds who
do not participate in such program.
``(2) Evaluation by grantee and subcontractors.--
``(A) In general.--The grantee shall require each
subcontractor to prepare an in-depth report of the results
and the use of funds of each Project GRAD program funded
under this part that includes--
``(i) data on the reading and mathematics achievement of
students involved in the Project GRAD program;
``(ii) statistics on secondary school graduation, college
attendance, and college completion rates; and
``(iii) such financial reporting as required by the
Secretary to review the effectiveness and efficiency of the
program.
``(B) Form of report.--The report shall be in a form and
include such content as shall be determined by the grantee,
in consultation with the Secretary or the entity selected by
the Secretary to evaluate the Project GRAD programs in
accordance with paragraph (1).
``(3) Availability of evaluations.--Copies of any
evaluation or report prepared under this subsection shall be
made available to--
``(A) the Secretary; and
``(B) the chairperson and ranking member of the authorizing
committees.
``(h) Definitions.--In this part the term `low-income
student' means a student who is determined by a local
educational agency to be from a low-income family using the
measures described in section 1113(a)(5) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)).
``PART G--IMPROVING COLLEGE ENROLLMENT BY SECONDARY SCHOOLS
``SEC. 841. IMPROVING COLLEGE ENROLLMENT BY SECONDARY
SCHOOLS.
``(a) In General.--From the amount appropriated to carry
out this part under section 800, the Secretary shall contract
with one nonprofit organization described in subsection (b)
to enable the nonprofit organization--
``(1) to make publicly available the year-to-year higher
education enrollment rate trends of secondary school
students, disaggregated by secondary school, in compliance
with the Family Education Rights and Privacy Act of 1974;
``(2) to identify not less than 50 urban local educational
agencies and 5 States with significant rural populations,
each serving a significant population of low-income students,
and to carry out a comprehensive needs assessment in the
agencies and States of the factors known to contribute to
improved higher education enrollment rates, which factors
shall include--
``(A) an evaluation of the local educational agency's and
State's leadership strategies;
``(B) the secondary school curriculum and class offerings
of the local educational agency and State;
``(C) the professional development used by the local
educational agency and the State to assist teachers, higher
education counselors, and administrators in supporting the
transition of secondary students into higher education;
``(D) secondary school student attendance and other factors
demonstrated to be associated with enrollment into higher
education;
``(E) the data systems used by the local educational agency
and the State to measure college enrollment rates and the
incentives in place to motivate the efforts of faculty and
students to improve student and school-wide outcomes; and
``(F) strategies to mobilize student leaders to build a
college-bound culture; and
``(3) to provide comprehensive services to improve the
school-wide higher education enrollment rates of each of not
less than 10 local educational agencies and States, with the
federally funded portion of each project declining by not
less than 20 percent each year beginning in the second year
of the comprehensive services, that--
``(A) participated in the needs assessment described in
paragraph (2); and
``(B) demonstrated a willingness and commitment to
improving the higher education enrollment rates of the local
educational agency or State, respectively.
``(b) Grant Recipient Criteria.--The recipient of the grant
awarded under subsection (a) shall be a nonprofit
organization with demonstrated expertise--
``(1) in increasing school-wide higher education enrollment
rates in low-income communities nationwide by providing
curriculum, training, and technical assistance to secondary
school staff and student peer influencers; and
``(2) in a college transition data management system.
``PART H--DIPLOMA MILL PREVENTION
``SEC. 851. PURPOSE; DEFINITIONS.
``(a) Purpose.--The purpose of this part is to protect
institutions of higher education, businesses and other
employers, professional licensing boards, patients and
clients of degree holders, taxpayers, and other individuals
from any person claiming to possess a legitimate academic
degree that in fact was issued by a fraudulent or nonexistent
school, by a non-educational entity posing as a school, or by
any entity in violation of Federal or State law.
``(b) Definitions.--In this part:
``(1) Degree-granting institution.--The term `degree-
granting institution' means any entity that offers or confers
an academic, professional, or occupational degree, diploma,
or certificate, if such degree, diploma, or certificate may
be used to represent to the general public that the
individual possessing such degree, diploma, or certificate
has completed a program of education or training beyond
secondary education.
``(2) Diploma mill.--The term `diploma mill' means any
entity that--
``(A) lacks valid accreditation by an agency recognized by
a Federal agency or a State government or other organization
or association that recognizes accrediting agencies as a
valid accrediting agency of institutions of higher education;
and
``(B) offers degrees, diplomas, or certifications, for a
fee, that may be used to represent to the general public that
the individual possessing such a degree, diploma, or
certification has completed a program of education or
training beyond secondary education, but little or no
education or course work is required to obtain such a degree,
diploma, or certification.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 102.
``SEC. 852. RECOGNIZED ACCREDITING AGENCIES AND INSTITUTIONS.
``(a) Lists Maintained by the Department of Education.--Not
later than 30 days after the date of the enactment of this
part, the Secretary of Education shall make available (in a
regularly updated, electronic format) to the Secretary of
Homeland Security and the heads of other appropriate Federal
agencies, a list of--
``(1) accrediting agencies and associations, recognized by
the Secretary of Education under section 496, or, at the
discretion of the Secretary, other organizations involved in
accreditation;
``(2) eligible institutions, as defined under section
435(a); and
``(3) to the extent practicable, foreign degree-granting
institutions that--
``(A) have degree-granting authority, as granted by the
appropriate agency or ministry of jurisdiction in the home
country of such institution;
``(B) issue degrees that are accepted for professional
licensure, public employment, and admission into graduate
programs of degree-granting institutions in the home country
(as determined by the Secretary of State);
[[Page 1692]]
``(C) are determined by the Secretary of Education to be
academically equivalent to an eligible institution, as
defined in section 435(a); and
``(D) are located in a home country that is capable of
performing an effective academic evaluation of the degree-
granting institutions to which it issues degree-granting
authority, as determined by the Secretary of State, in
consultation with the Secretary of Education,
for the purposes of assisting the Secretary of Homeland
Security and the heads of such Federal agencies to determine,
for immigration and Federal employment and hiring purposes,
the legitimacy of degree-granting institutions and degrees
issued by such institutions.
``(b) Revisions to Lists.--The Secretary of Education shall
modify and maintain the lists described in subsection (a) as
necessary to ensure that the lists and the information
contained in the lists are accurate and up-to-date, based on
the most recent information available to the Secretary.
``(c) Notice of Recognition.--To be eligible to receive
funds under title IV, each eligible institution described in
subsection (a)(2) shall, not later than 60 days after the
date of the enactment of this part, prominently display on
the institution's Internet website a notice indicating that
the institution is recognized by the Secretary of Education
as a legitimate institution for immigration and Federal
employment and hiring purposes. If the Secretary of Education
determines that an institution no longer qualifies as a
legitimate degree-granting institutions described in
subsection (a)(2), and removes the institution from the list
maintained under such subsection, the institution shall, not
later than 15 days after the removal of the institution from
such list, delete the notice required by this subsection from
the institution's Internet website.
``SEC. 853. ACCREDITING AGENCIES.
``No accrediting agency or association may be considered to
be a reliable authority as to the quality of education or
training offered by a degree-granting institution for any
purpose related to immigration, Federal employment and hiring
practices, or for any other Federal purposes, unless the
agency or association is on the list of accrediting agencies
and associations recognized by the Secretary of Education and
provided to the Secretary of Homeland Security under section
852. The Secretary may consult with other organizations, such
as the Council for Higher Education Accreditation, for such
purposes.
``SEC. 854. TASK FORCE.
``(a) Task Force Established.--The Secretary of Education
shall establish within the Department of Education the
Diploma Mill Task Force (referred to in this part as the
`Task Force').
``(b) Membership.--
``(1) Number and appointment.--The Task Force shall, if
practicable, be composed of 19 members, as follows:
``(A) The Assistant Secretary of Education for
Postsecondary Education.
``(B) A representative of the Department of Education with
experience related to the determination of the legitimacy and
quality of degrees from foreign institutions of higher
education, selected by the Secretary of Education.
``(C) A representative of the Department of Justice,
selected by the Attorney General.
``(D) A representative of the Federal Trade Commission,
selected by the Chairman of such agency.
``(E) A representative of the Secret Service, selected by
the Director of the Secret Service.
``(F) A representative of the Department of State, selected
by the Secretary of State.
``(G) A representative of the Department of Homeland
Security, selected by the Secretary of Homeland Security.
``(H) A representative of the Office of Personnel
Management, selected by the Director of such Office.
``(I) A representative of a national accreditation
association.
``(J) A representative of a national organization
representing collegiate registrars and admissions officers.
``(K) Two representatives of State degree approval
agencies, selected by agreement of at least 3 of the Speaker
of the House of Representatives, the Senate majority leader,
the House minority leader, and the Senate minority leader.
``(L) Two representatives from regionally accredited
institutions of higher education, selected by agreement of at
least 3 of the Speaker of the House of Representatives, the
Senate majority leader, the House minority leader, and the
Senate minority leader.
``(M) One representative from a nationally accredited
institution of higher education, selected by agreement of at
least 3 of the Speaker of the House of Representatives, the
Senate majority leader, the House minority leader, and the
Senate minority leader.
``(N) Four individuals from the general population with
experience in higher education, the detection of fraudulent
degrees and degree-granting institutions, or law enforcement
related to credential fraud, selected as follows:
``(i) One individual selected by the Speaker of the House
of Representatives.
``(ii) One individual selected by the minority leader of
the House of Representatives.
``(iii) One individual selected by the majority leader of
the Senate.
``(iv) One individual selected by the minority leader of
the Senate.
``(2) Criteria for membership.--All members of the Task
Force shall be persons who are especially qualified to serve
on the Task Force by virtue of their education, training, or
experience, particularly in the fields of higher education,
accreditation of institutions of higher education, foreign
higher education standards, State regulation of institutions
of higher education, immigration, Federal employment
requirements and hiring practices, or fraud prevention,
detection, or enforcement.
``(3) Terms.--Each member shall be appointed for the life
of the Task Force.
``(4) Vacancies.--A vacancy in the Task Force shall be
filled in the manner in which the original appointment was
made.
``(5) Chair.--At the first meeting of the Task Force, the
members of the Task Force shall elect a member of the Task
Force to serve as Chair.
``(c) Duties.--
``(1) Guidelines.--The Task Force shall develop guidelines,
to be used for the development of Federal legislation, to
identify degree-granting institutions as legitimate or
fraudulent degree-granting institutions for Federal purposes.
In developing such guidelines, the Task Force shall
consider--
``(A) characteristics of degree-granting institutions that
help determine the legitimacy of the institution, such as
whether an entity--
``(i) offers or confers degrees, diplomas, or
certificates--
``(I) for little or no meaningful academic work;
``(II) without requiring an appropriate level of academic
achievement for the attainment of such degrees, diplomas, or
certificates; or
``(III) without imposing academic or other requirements for
admittance into the institutions or programs offering such
degrees, diplomas, or certificates;
``(ii) has fiscal and administrative structures and
capacity appropriate to the specified scale of educational
operations;
``(iii) has resources to support claims as a degree-
granting institution, including curricula, qualified faculty,
facilities, equipment, and supplies, student support
services, objectives of the degrees or credentials offered,
admissions practices, academic calendars and catalogs, and a
grading system; and
``(iv) has degree-granting authority issued by the States
in which degrees, or instruction leading to degrees, are
offered, and is recognized by such States as an approved
institution of higher education;
``(B) the feasibility of defining the term `fraudulent
degree-granting institution' (commonly referred to as
`diploma mills'), and if feasible, shall define such term to
propose for use in Federal laws and regulations;
``(C) issues related to--
``(i) the detection of new and existing fraudulent degree-
granting institutions;
``(ii) recognition and prevention of the practices used by
such fraudulent degree-granting institutions to avoid
detection;
``(iii) the enforcement of laws and regulations prohibiting
such fraudulent degree-granting institutions and practices
and the use of fraudulent degrees; and
``(iv) the prosecution of such fraudulent degree-granting
institutions and practices and the use of fraudulent degrees;
``(D) difficulties in identifying fraudulent degree-
granting institutions located in foreign countries, or that
claim recognition or degree-granting authority from foreign
countries;
``(E) means to alert and educate the public about
fraudulent degree-granting institutions and the use of
fraudulent degrees;
``(F) laws, regulations, and other means used by States to
address fraudulent degree-granting institutions and the use
of fraudulent degrees;
``(G) the potential need for coordination and cooperation
among various Federal agencies to investigate and prosecute
suspected fraudulent degree-granting institutions, and the
detailed recommendations of the Task Force regarding such
coordination and cooperation;
``(H) the study and the report to the Task Force required
under this section; and
``(I) the purposes for which various agencies of the United
States need to identify fraudulent degree-granting
institutions, and identify, prohibit, and prevent the use of
degrees issued by such fraudulent institutions, and the
ability of such agencies to implement any guidelines
considered by the Task Force.
``(2) Development of federal plan.--The Task Force shall
develop a strategic diploma integrity protection plan
(referred to in this section as the `Plan') to address the
sale and use of fraudulent degrees for Federal purposes. The
Plan shall include the following:
``(A) Recommendations to Congress regarding the
implementation by Federal agencies of the guidelines
developed under paragraph (1).
``(B) Recommendations to the Federal Trade Commission
regarding the application of the guidelines developed under
paragraph (1) to any rulemaking under section 856 and to the
enforcement of the rules promulgated under such section.
``(3) Submission of report to congress.--Not later than one
year after the date of the enactment of this part, the Task
Force shall submit to the appropriate congressional
committees a report, including--
``(A) the guidelines developed under paragraph (1);
``(B) the Plan developed under paragraph (2); and
``(C) a legislative proposal for consideration by Congress.
``SEC. 855. SENSE OF THE CONGRESS REGARDING USE BY STATES OF
THE FEDERAL PLAN AS GUIDELINES.
``It is the sense of the Congress that--
``(1) each State should implement a strategic diploma
integrity plan similar to any strategic
[[Page 1693]]
diploma integrity plan developed under section 854, to the
extent practicable and as soon as practicable after the date
of the adoption of such a plan under such section; and
``(2) States may adopt more stringent standards than those
standards contained in the Federal strategic diploma
integrity plan and used by agencies of the United States to
identify fraudulent degree-granting institutions operating
within such State, except that State law does not preempt
Federal law as applied to the employment and hiring practices
of Federal employees working in such State.
``SEC. 856. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING
DIPLOMAS AND PROFESSIONAL CERTIFICATIONS.
``Not later than 180 days after the date of enactment of
this part, the Secretary shall request in writing that the
Federal Trade Commission shall develop a plan to address
diploma mills based on section 18 of Federal Trade Commission
Act (15 U.S.C. 57a).
``PART I--STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT
``SEC. 861. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT.
``(a) Grants Authorized.--
``(1) In general.--From the amount appropriated to carry
out this part under section 800, the Secretary is authorized
to award grants, on a competitive basis, to institutions of
higher education or consortia of institutions of higher
education to enable institutions of higher education or
consortia to pay the Federal share of the cost of carrying
out the authorized activities described in subsection (c).
``(2) Consultation with the attorney general and the
secretary of homeland security.--Where appropriate, the
Secretary shall award grants under this section in
consultation with the Attorney General of the United States
and the Secretary of Homeland Security.
``(3) Duration.--The Secretary shall award each grant under
this section for a period of 2 years.
``(4) Limitation on institutions and consortia.--An
institution of higher education or consortium shall be
eligible for only 1 grant under this section.
``(b) Federal Share; Non-Federal Share.--
``(1) In general.--The Federal share of the activities
described in subsection (c) shall be 50 percent.
``(2) Non-federal share.--The institution of higher
education or consortium shall provide the non-Federal share,
which may be provided from other Federal, State, and local
resources dedicated to emergency preparedness and response.
``(c) Authorized Activities.--Each institution of higher
education or consortium receiving a grant under this section
may use the grant funds to carry out 1 or more of the
following:
``(1) Developing and implementing a state-of-the-art
emergency communications system for each campus of an
institution of higher education or consortium, in order to
contact students via cellular, text message, or other state-
of-the-art communications methods when a significant
emergency or dangerous situation occurs. An institution or
consortium using grant funds to carry out this paragraph
shall also, in coordination with the appropriate State and
local emergency management authorities--
``(A) develop procedures that students, employees, and
others on a campus of an institution of higher education or
consortium will be directed to follow in the event of a
significant emergency or dangerous situation; and
``(B) develop procedures the institution of higher
education or consortium shall follow to inform, within a
reasonable and timely manner, students, employees, and others
on a campus in the event of a significant emergency or
dangerous situation, which procedures shall include the
emergency communications system described in this paragraph.
``(2) Supporting measures to improve safety at the
institution of higher education or consortium, such as--
``(A) security assessments;
``(B) security training of personnel and students at the
institution of higher education or consortium;
``(C) where appropriate, coordination of campus
preparedness and response efforts with local law enforcement,
local emergency management authorities, and other agencies,
to improve coordinated responses in emergencies among such
entities; and
``(D) establishing a hotline that allows a student or staff
member at an institution or consortium to report another
student or staff member at the institution or consortium who
the reporting student or staff member believes may be a
danger to the reported student or staff member or to others.
``(3) Coordinating with appropriate local entities the
provision of mental health services for students and staff of
the institution of higher education or consortium, including
mental health crisis response and intervention services for
students and staff affected by a campus or community
emergency.
``(d) Application.--Each institution of higher education or
consortium desiring a grant under this section shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(e) Technical Assistance.--The Secretary shall coordinate
technical assistance provided by State and local emergency
management agencies, the Department of Homeland Security, and
other agencies as appropriate, to institutions of higher
education or consortia that request assistance in developing
and implementing the activities assisted under this section.
``(f) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to provide a private right of action to any person to
enforce any provision of this section;
``(2) to create a cause of action against any institution
of higher education or any employee of the institution for
any civil liability; or
``(3) to affect the Family Educational Rights and Privacy
Act of 1974 or the regulations issued under section 264 of
the Health Insurance Portability and Accountability Act of
1996 (42 U.S.C. 1320d-2 note).
``SEC. 862. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES,
AND PRACTICES.
``The Secretary of Education, in consultation with the
Attorney General of the United States and the Secretary of
Homeland Security, shall--
``(1) advise institutions of higher education on model
emergency response policies, procedures, and practices; and
``(2) disseminate information concerning those policies,
procedures, and practices.
``SEC. 863. PREPARATION FOR FUTURE DISASTERS PLAN BY THE
SECRETARY.
``(a) Planning.--The Secretary shall develop and maintain a
disaster relief plan, in consultation with the appropriate
agencies, to ensure a procedure is in place to address the
needs of institutions of higher education in the event of a
disaster with respect to which the President has declared a
major disaster or emergency. The plan shall take into
consideration the immediate safety and well-being of
students, faculty, and staff. Additionally, such plan shall
outline steps that can be taken to ensure institutions of
higher education have a timely recovery.
``(b) Submission to Congress.--The Secretary shall submit
to the authorizing committees the plan required by subsection
(a) and any revisions of such plan.
``SEC. 864. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN
PROGRAM.
``(a) Program Authorized.--The Secretary is authorized to
establish an Education Disaster and Emergency Relief Loan
Program for institutions of higher education for direct or
indirect losses incurred as a result of a federally declared
major disaster or emergency.
``(b) Use of Assistance.--The Secretary may, subject to the
availability of appropriations, provide any assistance under
the Education Disaster and Emergency Relief Loan program to
institutions of higher education pursuant to this section
only after the declaration of a major disaster or emergency
by the President. Loan funds provided under this section may
be used for--
``(1) direct and indirect construction, replacement, and
renovation costs associated with or resulting from or
preparing for a major disaster or emergency;
``(2) faculty salaries and incentives for retaining
faculty; or
``(3) reimbursement for lost tuition and other revenues.
``(c) Application Requirements.--To be considered for a
loan under this section, an institution of higher education
shall--
``(1) submit a financial statement and other appropriate
data, documentation, or evidence requested by the Secretary
that indicates that the institution incurred losses resulting
from the impact of a major disaster or emergency and the
monetary amount of such losses; and
``(2) demonstrate that the institution attempted to
minimize the cost of any losses by pursuing collateral source
compensation from the Federal Emergency Management Agency and
insurance coverage prior to seeking a loan under this
section, except that an institution of higher education shall
not be required to receive collateral source compensation
from the Federal Emergency Management Agency and insurance
prior to being eligible for a loan under this section.
``(d) Audit.--The Secretary may audit a financial statement
submitted under subsection (c) and an institution of higher
education shall provide any information that the Secretary
determines necessary to conduct such an audit.
``(e) Reduction in Loan Amounts.--To determine the amount
of a loan to make available to an institution of higher
education under this section, the Secretary shall calculate
the monetary amount of losses incurred by such institution as
a result of a federally declared major disaster or emergency,
and shall reduce such amount by the amount of collateral
source compensation the institution has already received from
insurance, the Federal Emergency Management Agency, and the
Small Business Administration.
``(f) Establishment of Loan Program.--In order to disburse
loans under this section, the Secretary shall prescribe
regulations that--
``(1) establish the loan program, taking into consideration
the structure of existing capital financing loan programs
under this Act; and
``(2) that set forth--
``(A) terms for the loan program under this section;
``(B) procedures for an application for a loan under this
section; and
``(C) minimum requirements for the loan program and for
receiving a loan under this section, including the following:
``(i) Online forms to be used in submitting request for a
loan under this section.
``(ii) Information to be included in such forms.
``(iii) Procedures to assist in filing and pursing a loan
under this section.
``(g) Definitions.--In this section:
``(1) Institution affected by a gulf hurricane disaster.--
The term `institution affected
[[Page 1694]]
by a Gulf hurricane disaster' means an institution of higher
education that--
``(A) is located in an area affected by a Gulf hurricane
disaster; and
``(B) is able to demonstrate that the institution--
``(i) incurred physical damage resulting from the impact of
a Gulf hurricane disaster;
``(ii) was not able to fully reopen in existing facilities
or to fully reopen to the pre-hurricane levels for 30 days or
more on or after August 29, 2005.
``(2) Area affected by a gulf hurricane disaster; gulf
hurricane disaster.--The terms `area affected by a Gulf
hurricane disaster' and `Gulf hurricane disaster' have the
meanings given such terms in section 209 of the Higher
Education Hurricane Relief Act of 2005 (Public Law 109-148,
119 Stat. 2809).
``(3) Emergency.--The term `emergency' has the meaning
given such term in section 102(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.
``(4) Institutions of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101.
``(5) Major disaster.--The term `major disaster' has the
meaning given the term in section 102(2) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act.
``(h) Effective Date.--This section shall take effect on
the date of the enactment of the College Opportunity and
Affordability Act of 2007, and assistance provided to
institutions of higher education pursuant to this section
shall be available only with respect to federally declared
major disasters or emergencies that occur after the date of
the enactment of the College Opportunity and Affordability
Act of 2007, except in the case of an institution affected by
a Gulf hurricane disaster.
``SEC. 865. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STUDENT
SAFETY.
``Not later than 90 days after the date of enactment of the
College Opportunity and Affordability Act of 2007, the
Secretary shall provide guidance that clarifies the role of
institutions of higher education with respect to the
disclosure of education records, including to a parent or
legal guardian of a dependent student, in the event that such
student demonstrates that the student poses a significant
risk of harm to himself or herself or to others, including a
significant risk of suicide, homicide, or assault. Such
guidance shall further clarify that an institution of higher
education that, in good faith, discloses education records or
other information in accordance with the requirements of this
Act and the Family Educational Rights and Privacy Act of 1974
shall not be liable to any person for that disclosure.
``PART J--RURAL DEVELOPMENT GRANTS FOR RURAL COLLEGES AND UNIVERSITIES
``SEC. 871. PURPOSE.
``The purposes of this part are--
``(1) to increase--
``(A) enrollment and graduation rates from 2-year and 4-
year colleges, and articulation from 2-year degree programs
into 4-year degree programs, of graduates of rural high
schools; and
``(B) degree completion for nontraditional students from
rural areas; and
``(2) to promote economic growth and development in rural
America through partnership grants to consortia of rural
colleges and universities and other entities, such as local
education agencies, employers, education service agencies,
and nonprofit organizations.
``SEC. 872. DEFINITIONS.
``For the purposes of this part:
``(1) Rural institution of higher education.--The term
`rural institution of higher education' means an institution
of higher education that primarily serves rural areas.
``(2) Rural area.--The term `rural area' means an area in
which there is located a rural local educational agency.
``(3) Rural local education agency.--The term `rural local
education agency' means a local educational agency (as such
term is defined in section 9101 of the Elementary and
Secondary Education Act of 1965) all of the schools of which
meet a metro-centric locale code of 41, 42, or 43 as
determined by the National Center for Education Statistics
(NCES), in conjunction with the Bureau of the Census, using
the NCES system for classifying local educational agencies.
``(4) Nontraditional student.--The term `nontraditional
student' means an individual who--
``(A) delays enrollment in an institution of higher
education by 3 or more years after completing high school;
``(B) attends an institution of higher education part-time
or less than part-time; or
``(C) attends an institution of higher education and--
``(i) works full-time;
``(ii) is an independent student;
``(iii) has one or more dependents other than a spouse;
``(iv) is a single parent; or
``(v) does not have a high school diploma.
``(5) Regional employer.--The term `regional employer'
means employers qualifying as businesses or other entities
employing individuals within a rural area.
``SEC. 873. ENSURING COLLEGE ACCESS FOR RURAL HIGH SCHOOL
GRADUATES.
``(a) Grants Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary of
Education is authorized to make grants in accordance with
this section to partnerships formed between one or more rural
institution of higher education and any of the following
entities:
``(1) One or more rural local educational agencies.
``(2) One or more rural education service agencies.
``(3) One or more regional employers.
``(4) One or more nonprofit organizations with expertise in
rural education.
``(b) Eligible Partnerships; Applications.--To be eligible
for a grant under this section, a partnership that meets the
requirements of subsection (a) shall submit to the Secretary
an application in such form and containing such information
as the Secretary shall prescribe. In determining which
applications to approve for a grant under this section, the
Secretary shall consider--
``(1) the percentage of graduates, attendees, or former
attendees of high schools from rural local educational
agencies enrolled or otherwise affiliated with the entity;
``(2) in the case of employers, the percentage of employees
that are graduates of high schools in rural local educational
agencies.
``(c) Use of Grant Amounts.--Funds made available by a
grant under this section to a partnership that meets the
requirements of subsection (b) shall be used--
``(1) to improve enrollment rates for graduates and former
attendees of rural high schools at rural institutions of
higher education, including--
``(A) programs to provide information about college costs
and financial aid options, assistance with college enrollment
applications, and assistance with financial aid applications;
``(B) programs or initiatives that provide such graduates
or former attendees of rural high schools access and exposure
to campuses, classes, programs, and facilities of rural
institutions of higher education, including covering the cost
of transportation to and from institutions of higher
education;
``(C) the formation of groups or other initiatives that
create support groups of such students expressing interest in
attending rural institutions of higher education;
``(D) extracurricular activities, such as internships,
community service, and other activities for such individuals
in advance of attending institutions of higher education; and
``(E) other initiatives that assist such individuals in
applying and developing interest in attending rural
institutions of higher education; and
``(2) to encourage participation of nontraditional students
in degree programs at rural institutions of higher education,
including--
``(A) programs to provide information about college costs
and financial aid options, assistance with college enrollment
applications, and assistance with financial aid applications
for institutions of higher education;
``(B) outreach to nontraditional students through community
initiatives; and
``(C) formation of support groups for nontraditional
students enrolling in 2-year degree programs and articulating
from 2-year degree programs to 4-year degree programs.
``SEC. 874. ECONOMIC DEVELOPMENT PARTNERSHIPS.
``(a) Grants Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary of
Education is authorized to make grants in accordance with
this section to partnerships formed between one or more rural
institutions of higher education and one or more regional
employers.
``(b) Eligible Partnerships; Applications.--To be eligible
for a grant under this section, a partnership that meets the
requirements of subsection (a) shall submit to the Secretary
an application in such form and containing such information
as the Secretary shall prescribe. In determining which
applications to approve for a grant under this section, the
Secretary shall consider--
``(1) the potential of the employer to employ graduates of
rural institutions of higher education after graduation;
``(2) the potential of the employer engaged in the
partnership to spur economic development in the region; and
``(3) the relevance of the employer to the regional
economy.
``(c) Use of Grant Amounts.--Funds made available by a
grant under this section to a partnership that meets the
requirements of subsection (a) shall be used--
``(1) to provide additional career training to attendees of
rural institutions of higher education in fields relevant to
the regional economy; and
``(2) to encourage regional businesses to employ graduates
of rural institutions of higher education.
``SEC. 875. QUALITY OF LIFE IN RURAL AREAS.
``(a) Grants Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary of
Education is authorized to make grants in accordance with
this section to rural institutions of higher education.
``(b) Use of Grant Amounts.--Funds made available by a
grant under this section to a partnership that meets the
requirements of subsection (a) shall be used to create or
strengthen academic programs to prepare graduates to enter
into high-need occupations in the regional and local
economies.
``SEC. 876. ALLOCATION OF APPROPRIATIONS.
``(a) Grant Considerations.--In making grant allocations
under this part to qualifying institutions and partnerships,
the Secretary shall consider--
[[Page 1695]]
``(1) the percentage of graduates of rural high schools
attending rural institutions of higher education in proximity
to the entity receiving the grant;
``(2) employment needs of regional employers in proximity
to entities receiving the grant; and
``(3) the health of the regional economy of the region
surrounding the entity receiving the grant.
``(b) Maximum and Minimum Grants.--No grant awarded by the
Secretary under this part shall be less than $200,000 or more
than $500,000.
``(c) Grant Duration.--A grant awarded under this part
shall be awarded for one 3-year period.
``PART K--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON ALASKA NATIVE AND NATIVE HAWAIIAN STUDENTS
``SEC. 880. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA
NATIVE AND NATIVE HAWAIIAN STUDENTS.
``(a) Purpose.--The purpose of this section is--
``(1) to develop or expand programs for the development of
professionals in the fields of science, technology,
engineering, and mathematics; and
``(2) to focus resources on meeting the educational and
cultural needs of Alaska Natives and Native Hawaiians.
``(b) Definitions.--In this section:
``(1) Alaska native.--The term `Alaska Native' has the
meaning given the term `Native' in section 3(b) of the Alaska
Natives Claims Settlement Act (43 U.S.C. 1602(b)).
``(2) Eligible partnership.--The term `eligible
partnership' means a partnership that includes--
``(A) 1 or more colleges or schools of engineering;
``(B) 1 or more colleges of science or mathematics;
``(C) 1 or more institutions of higher education that offer
2-year degrees; and
``(D) 1 or more private entities that--
``(i) conduct career awareness activities showcasing local
technology professionals;
``(ii) encourage students to pursue education in science,
technology, engineering, and mathematics from elementary
school through college, and careers in those fields, with the
assistance of local technology professionals;
``(iii) develop internships, apprenticeships, and mentoring
programs in partnership with relevant industries; and
``(iv) assist with placement of interns and apprentices.
``(3) Native hawaiian.--The term `Native Hawaiian' has the
meaning given the term in section 7207 of the Elementary and
Secondary Education Act of 1965.
``(c) Grant Authorized.--From the amounts appropriated to
carry out this part under section 800, the Secretary is
authorized to award a grant to an eligible partnership to
enable the eligible partnership to expand programs for the
development of science, technology, engineering, or
mathematics professionals, from elementary school through
college, including existing programs for Alaska Native and
Native Hawaiian students.
``(d) Uses of Funds.--Grant funds under this section shall
be used for 1 or more of the following:
``(1) Development or implementation of cultural, social, or
educational transition programs to assist students to
transition into college life and academics in order to
increase such students' retention rates in the fields of
science, technology, engineering, or mathematics, with a
focus on Alaska Native or Native Hawaiian students.
``(2) Development or implementation of academic support or
supplemental educational programs to increase the graduation
rates of students in the fields of science, technology,
engineering, or mathematics, with a focus on Alaska Native
and Native Hawaiian students.
``(3) Development or implementation of internship programs,
carried out in coordination with educational institutions and
private entities, to prepare students for careers in the
fields of science, technology, engineering, or mathematics,
with a focus on programs that serve Alaska Native or Native
Hawaiian students.
``(4) Such other activities as are consistent with the
purposes of this section.
``(e) Application.--Each eligible partnership that desires
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(f) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible partnership that
provides 1 or more programs in which 30 percent or more of
the program participants are Alaska Native or Native
Hawaiian.
``(g) Period of Grant.--A grant under this section shall be
awarded for a period of 5 years.
``(h) Evaluation and Report.--Each eligible partnership
that receives a grant under this section shall conduct an
evaluation to determine the effectiveness of the programs
funded under the grant and shall provide a report regarding
the evaluation to the Secretary not later than 6 months after
the end of the grant period.
``PART L--NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR STUDY OF
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
``SEC. 881. NATIONAL DATABASE ON FINANCIAL ASSISTANCE FOR
STUDY OF SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
``(a) Establishment and Maintenance of Database.--
``(1) Database.--The Secretary of Education shall establish
and maintain, on the public website of the Department of
Education, a database consisting of information on
scholarships, fellowships, and other programs of financial
assistance available from public and private sources for the
study of science, technology, engineering, or mathematics at
the postsecondary and post baccalaureate levels.
``(2) Presentation of information.--The information
maintained on the database established under this section
shall be displayed on the website in the following manner:
``(A) Separate information shall be provided for each of
the fields of study referred to in paragraph (1) and for
postsecondary and post baccalaureate programs of financial
assistance.
``(B) The database shall provide specific information on
any programs of financial assistance which are targeted to
individuals of a particular gender, ethnicity, or other
demographic group.
``(C) If the sponsor of any program of financial assistance
included on the database maintains a public website, the
database shall provide hyperlinks to the website.
``(D) In addition to providing the hyperlink to the website
of a sponsor of a program of financial assistance as required
under subparagraph (C), the database shall provide general
information that an interested person may use to contact the
sponsor, including the sponsor's electronic mail address.
``(E) The database shall have a search capability which
permits an individual to search for information on the basis
of each category of the information provided and on the basis
of combinations of categories of the information provided,
including whether the scholarship is need- or merit-based and
by relevant academic majors.
``(F) The database shall include a recommendation that
students and families should carefully review all of the
application requirements prior to applying for aid, and a
disclaimer that the scholarships presented in the database
are not provided or endorsed by the Department of Education
or the Federal Government.
``(b) Dissemination of Information on Database.--The
Secretary shall take such actions as may be necessary on an
ongoing basis, including sending notices to secondary schools
and institutions of higher education, to disseminate
information on the database established and maintained under
this part and to encourage its use by interested parties.
``(c) Use of Vendor To Obtain Information.--In carrying out
this part, the Secretary of Education shall enter into a
contract with a private entity under which the entity shall
furnish and regularly update all of the information required
to be maintained on the database established under this
section.
``(d) Encouraging the Provision of Information.--In
carrying out this part, the Secretary of Education and the
contracted entity shall consult with public and private
sources of scholarships and make easily available a process
for such entities to provide regular and updated information.
``PART M--TRAINING FOR REALTIME WRITERS
``SEC. 882. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT OF
REALTIME WRITERS.
``(a) Authorization of Grant Program.--
``(1) In general.--From the amounts appropriated to carry
out this part under section 800, the Secretary of Commerce
shall make competitive grants to eligible entities under
subsection (b) to promote training and placement of
individuals, including individuals who have completed a court
reporting training program, as realtime writers in order to
meet the requirements for closed captioning of video
programming set forth in section 713 of the Communications
Act of 1934 (47 U.S.C. 613) and the rules prescribed
thereunder.
``(2) Eligible entities.--For purposes of this part, an
eligible entity is a court reporting program that--
``(A) can document and demonstrate to the Secretary of
Commerce that it meets minimum standards of educational and
financial accountability, with a curriculum capable of
training realtime writers qualified to provide captioning
services;
``(B) is accredited by an accrediting agency recognized by
the Department of Education; and
``(C) is participating in student aid programs under title
IV.
``(3) Priority in grants.--In determining whether to make
grants under this section, the Secretary of Commerce shall
give a priority to eligible entities that, as determined by
the Secretary--
``(A) possess the most substantial capability to increase
their capacity to train realtime writers;
``(B) demonstrate the most promising collaboration with
local educational institutions, businesses, labor
organizations, or other community groups having the potential
to train or provide job placement assistance to realtime
writers; or
``(C) propose the most promising and innovative approaches
for initiating or expanding training or job placement
assistance efforts with respect to realtime writers.
``(4) Duration of grant.--A grant under this section shall
be for a period of 2 years.
``(5) Maximum amount of grant.--The amount of a grant
provided under subsection (a) to an entity eligible may not
exceed $1,500,000
[[Page 1696]]
for the 2-year period of the grant under paragraph (4).
``(b) Application.--
``(1) In general.--To receive a grant under subsection (a),
an eligible entity shall submit an application to the
Secretary of Commerce at such time and in such manner as the
secretary may require. The application shall contain the
information set forth under paragraph (2).
``(2) Information.--Information in the application of an
eligible entity under subsection (a) for a grant under
subsection (a) shall include the following:
``(A) A description of the training and assistance to be
funded using the grant amount, including how such training
and assistance will increase the number of realtime writers.
``(B) A description of performance measures to be utilized
to evaluate the progress of individuals receiving such
training and assistance in matters relating to enrollment,
completion of training, and job placement and retention.
``(C) A description of the manner in which the eligible
entity will ensure that recipients of scholarships, if any,
funded by the grant will be employed and retained as realtime
writers.
``(D) A description of the manner in which the eligible
entity intends to continue providing the training and
assistance to be funded by the grant after the end of the
grant period, including any partnerships or arrangements
established for that purpose.
``(E) A description of how the eligible entity will work
with local workforce investment boards to ensure that
training and assistance to be funded with the grant will
further local workforce goals, including the creation of
educational opportunities for individuals who are from
economically disadvantaged backgrounds or are displaced
workers.
``(F) Additional information, if any, of the eligibility of
the eligible entity for priority in the making of grants
under subsection (a)(3).
``(G) Such other information as the Secretary may require.
``(c) Use of Funds.--
``(1) In general.--An eligible entity receiving a grant
under subsection (a) shall use the grant amount for purposes
relating to the recruitment, training and assistance, and job
placement of individuals, including individuals who have
completed a court reporting training program, as realtime
writers, including--
``(A) recruitment;
``(B) subject to paragraph (2), the provision of
scholarships;
``(C) distance learning;
``(D) further developing and implementing both English and
Spanish curriculum to more effectively train realtime writing
skills, and education in the knowledge necessary for the
delivery of high-quality closed captioning services;
``(E) mentoring students to ensure successful completion of
the realtime training and provide assistance in job
placement;
``(F) encouraging individuals with disabilities to pursue a
career in realtime writing; and
``(G) the employment and payment of personnel for all such
purposes.
``(2) Scholarships.--
``(A) Amount.--The amount of a scholarship under paragraph
(1)(B) shall be based on the amount of need of the recipient
of the scholarship for financial assistance, as determined in
accordance with part F of title IV.
``(B) Agreement.--Each recipient of a scholarship under
paragraph (1)(B) shall enter into an agreement with the
school in which the recipient is enrolled to provide realtime
writing services for the purposes described in subsection
(a)(1) for a period of time appropriate (as determined by the
Secretary of Commerce or the Secretary's designee) for the
amount of the scholarship received.
``(C) Coursework and employment.--The Secretary of Commerce
or the Secretary's designee shall establish requirements for
coursework and employment for recipients of scholarships
under paragraph (1)(B), including requirements for repayment
of scholarship amounts in the event of failure to meet such
requirements for coursework and employment. Requirements for
repayment of scholarship amounts shall take into account the
effect of economic conditions on the capacity of scholarship
recipients to find work as realtime writers.
``(3) Administrative costs.--The recipient of a grant under
this section may not use more than 5 percent of the grant
amount to pay administrative costs associated with activities
funded by the grant. The Secretary of Commerce shall use not
more than 5 percent of the amount available for grants under
this part in any fiscal year for administrative costs of the
program.
``(4) Supplement not supplant.--Grants amounts under this
part shall supplement and not supplant other Federal or non-
Federal funds of the grant recipient for purposes of
promoting the training and placement of individuals as
realtime writers.
``(d) Reports.--
``(1) Annual reports.--Each eligible entity receiving a
grant under subsection (a) shall submit to the Secretary of
Commerce, at the end of each year of the grant period, a
report on the activities of such entity with respect to the
use of grant amounts during such year.
``(2) Report information.--
``(A) In general.--Each report of an entity for a year
under paragraph (1) shall include a description of the use of
grant amounts by the entity during such year, including an
assessment by the entity of the effectiveness of activities
carried out using such funds in increasing the number of
realtime writers. The assessment shall utilize the
performance measures submitted by the entity in the
application for the grant under subsection (b)(2).
``(B) Final report.--The final report of an entity on a
grant under paragraph (1) shall include a description of the
best practices identified by the entity as a result of the
grant for increasing the number of individuals who are
trained, employed, and retained in employment as realtime
writers.
``(3) Annual review.--The Inspector General of the
Department of Commerce shall conduct an annual review of the
management, efficiency, and effectiveness of the grants made
under this part.
``PART N--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS
``SEC. 883. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR
VETERAN STUDENT SUCCESS.
``(a) Purpose.--It is the purpose of this section to
encourage model programs to support veteran student success
in postsecondary education by coordinating services to
address the academic, financial, physical, and social needs
of veteran students.
``(b) Grants Authorized.--
``(1) In general.--Subject to the availability of
appropriations under section 800, the Secretary shall award
grants to institutions of higher education to develop model
programs to support veteran student success in postsecondary
education.
``(2) Grant period.--A grant awarded under this section
shall be awarded for a period of 3 years.
``(c) Use of Grants.--
``(1) Required activities.--An institution of higher
education receiving a grant under this section shall use such
grant to carry out a model program that includes--
``(A) establishing of a Center of Excellence for Veteran
Student Success on the campus of the institution to provide a
single point of contact to coordinate comprehensive support
services for veteran students;
``(B) establishing a veteran students support team,
including representatives from the offices of the institution
responsible for admissions, registration, financial aid,
veterans benefits, academic advising, student health,
personal or mental health counseling, career advising,
disabilities services, and any other office of the
institution that provides support to veteran students on
campus;
``(C) providing a full-time or part-time coordinator whose
primary responsibility is to coordinate the model program
carried out under this section;
``(D) monitoring the rates of veteran student enrollment,
persistence, and completion; and
``(E) developing a plan to sustain the Center of Excellence
for Veteran Student Success after the grant period.
``(2) Other authorized activities.--An institution of
higher education receiving a grant under this section may use
such grant to carry out any of the following activities with
respect to veteran students:
``(A) Outreach and recruitment of such students.
``(B) Supportive instructional services for such students,
which may include--
``(i) personal, academic, and career counseling, as an on-
going part of the program;
``(ii) tutoring and academic skill-building instruction
assistance, as needed; and
``(iii) assistance with special admissions and transfer of
credit from previous postsecondary education or experience.
``(C) Assistance in obtaining student financial aid.
``(D) Housing support for students living in institutional
facilities and commuting students.
``(E) Cultural events, academic programs, orientation
programs, and other activities designed to ease the
transition to campus life for such students.
``(F) Support for veteran student organizations and veteran
student support groups on campus.
``(G) Coordination of academic advising and admissions
counseling with military bases and national guard units in
the area.
``(H) Other support services the institution determines to
be necessary to ensure the success of such students in
achieving their educational and career goals.
``(d) Application; Selection.--
``(1) Application.--To be considered for a grant under this
section, an institution of higher education shall submit to
the Secretary an application at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(2) Selection considerations.--In awarding grants under
this section, the Secretary shall consider--
``(A) the number of veteran students enrolled at an
institution of higher education; and
``(B) the need for model programs to address the needs of
veteran students at a wide range of institutions of higher
education, including the need to provide--
``(i) an equitable distribution of such grants to
institutions of higher education of various types and sizes;
``(ii) an equitable geographic distribution of such grants;
and
``(iii) an equitable distribution of such grants among
rural and urban areas.
``(e) Evaluation and Accountability Plan.--The Secretary
shall develop an evaluation and accountability plan for model
programs funded under this section to objectively measure the
impact of such programs, including a measure of whether
postsecondary education enrollment, persistence, and
completion for veterans increases as a result of such
programs.
[[Page 1697]]
``PART O--UNIVERSITY SUSTAINABILITY PROGRAMS
``Subpart 1--Sustainability Planning Grants
``SEC. 884. GRANTS AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--From the amounts appropriated to carry
out this part under section 800, the Secretary shall make
grants to eligible entities to establish sustainability
programs to design and implement sustainability practices,
including in the areas of energy management, green building,
waste management, purchasing, transportation, and toxics
management, and other aspects of sustainability that
integrate campus operations with multidisciplinary academic
programs and are applicable to the private and government
sectors.
``(2) Period of grant.--The provision of payments under a
grant under paragraph (1) may extend over a period of not
more than 4 fiscal years.
``(3) Definition of eligible entities.--For purposes of
this part, the term `eligible entity' means--
``(A) an institution of higher education that grants 2 or
4-year undergraduate degrees, or masters and doctoral
degrees, or both; or
``(B) a non-profit consortia, association, alliance, or
collaboration operating in partnership with one or more
institutions of higher education that received funds for the
implementation of work associated with sustainability
programs under this part.
``(b) Applications.--
``(1) In general.--To receive a grant under subsection
(a)(1), an eligible entity shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Assurances.--Such application shall include
assurances that the eligible entity--
``(A) has developed or shall develop a plan, including an
evaluation component, for the program component established
pursuant to subsection (c);
``(B) shall use Federal funds received from a grant under
subsection (a) to supplement, not supplant, non-Federal funds
that would otherwise be available for projects funded under
such section;
``(C) shall provide, with respect to any fiscal year in
which such entity receives funds from a grant under
subsection (a)(1), non-Federal funds or an in-kind
contribution in an amount equal to 20 percent of funds from
such grant, for the purpose of carrying out the program
component established in subsection (c); and
``(D) shall collaborate with business, government, and the
nonprofit sectors in the development and implementation of
its sustainability plan.
``(c) Use of Funds.--
``(1) Individual institutions.--Grants made under
subsection (a) may be used by an eligible entity that is an
individual institution of higher education for the following
purposes:
``(A) To develop and implement administrative and
operations practices at institutions of higher education that
test, model, and analyze principles of sustainability.
``(B) To establish multidisciplinary education, research,
and outreach programs at institutions of higher education
that address the environmental, social, and economic
dimensions of sustainability.
``(C) To support research and teaching initiatives that
focus on multidisciplinary and integrated environmental,
economic, and social elements.
``(D) To establish initiatives in the areas of energy
management, green building, waste management, purchasing,
toxics management, transportation, and other aspects of
sustainability.
``(E) To support student, faculty, and staff work at
institutions of higher education to implement, research, and
evaluate sustainable practices.
``(F) To establish sustainability literacy as a requirement
for undergraduate and graduate degree programs.
``(G) To integrate sustainability curriculum in all
programs of instruction, particularly in business,
architecture, technology, manufacturing, engineering, and
science programs.
``(2) Partnerships.--Grants made under subsection (a) may
be used by an eligible entity that is a non-profit consortia,
association, alliance, or collaboration operating as a
partnership with one or more institutions of higher education
for the following purposes:
``(A) To conduct faculty, staff and administrator training
on the subjects of sustainability and institutional change.
``(B) To compile, evaluate, and disseminate best practices,
case studies, guidelines and standards.
``(C) To conduct efforts to engage external stakeholders
such as business, alumni, and accrediting agencies in the
process of building support for research, education, and
technology development for sustainability.
``(D) To conduct professional development programs for
faculty in all disciplines to enable faculty to incorporate
sustainability content in their courses.
``(E) To enable an appropriate non-profit consortia,
association, alliance, or collaboration operating in
partnership with an institution of higher education to create
the analytical tools necessary for institutions of higher
education to assess and measure their individual progress
toward fully sustainable campus operations and fully
integrating sustainability into the curriculum.
``(F) To develop educational benchmarks for institutions of
higher education to determine the necessary rigor and
effectiveness of academic sustainability programs.
``(d) Reports.--An eligible entity that receives a grant
under subsection (a) shall submit to the Secretary, for each
fiscal year in which the entity receives amounts from such
grant, a report that describes the work conducted pursuant to
subsection (c), research findings and publications,
administrative savings experienced, and an evaluation of the
program.
``(e) Allocation Requirement.--The Secretary may not make
grants under subsection (a) to any eligible entity in a total
amount that is less than $250,000 or more than $2,000,000.
``Subpart 2--Summit on Sustainability
``SEC. 885. SUMMIT ON SUSTAINABILITY.
``Not later than September 30, 2008, the Secretary of
Education shall convene a summit of higher education experts
working in the area of sustainable operations and programs,
representatives from agencies of the Federal Government, and
business and industry leaders to focus on efforts of national
distinction that--
``(1) encourage faculty, staff, and students at
institutions of higher education to establish administrative
and academic sustainability programs on campus;
``(2) enhance research by faculty and students at
institutions of higher education in sustainability practices
and innovations that assist and improve sustainability;
``(3) encourage institutions of higher education to work
with community partners from the business, government, and
nonprofit sectors to design and implement sustainability
programs for application in the community and workplace;
``(4) identify opportunities for partnerships involving
institutions of higher education and the Federal Government
to expand sustainable operations and academic programs
focused on environmental and economic sustainability; and
``(5) charge the summit participants or steering committee
to submit a set of recommendations for addressing
sustainability through institutions of higher education.
``PART P--MODELING AND SIMULATION PROGRAMS
``SEC. 886. MODELING AND SIMULATION.
``(a) Purpose; Definition.--
``(1) Purpose.--The purpose of this section is to promote
the study of modeling and simulation at institutions of
higher education, through the collaboration with new and
existing programs, and specifically to promote the use of
technology in such study through the creation of accurate
models that can simulate processes or recreate real life,
by--
``(A) establishing a task force at the Department of
Education to raise awareness of and define the study of
modeling and simulation;
``(B) providing grants to institutions of higher education
to develop new modeling and simulation degree programs; and
``(C) providing grants for institutions of higher education
to enhance existing modeling and simulation degree programs.
``(2) Definition.--In this section, the term `modeling and
simulation' means a field of study related to the application
of computer science and mathematics to develop a level of
understanding of the interaction of the parts of a system and
of a system as a whole.
``(b) Establishment of Task Force.--
``(1) In general.--Subject to the availability of
appropriations, the Secretary shall establish a taskforce
within the Department of Education to study modeling and
simulation and to support the development of the modeling and
simulation field. The activities of such taskforce shall
include--
``(A) helping to define the study of modeling and
simulation (including the content of modeling and simulation
classes and programs);
``(B) identifying best practices for such study;
``(C) identifying core knowledge and skills that
individuals who participate in modeling and simulation
programs should acquire; and
``(D) providing recommendations to the Secretary with
respect to--
``(i) the information described in subparagraphs (A)
through (C); and
``(ii) a system by which grants under this section will be
distributed.
``(2) Taskforce membership.--The membership of the
taskforce under this subsection shall be composed of
representatives from--
``(A) institutions of higher education with established
modeling and simulation degree programs;
``(B) the National Science Foundation;
``(C) Federal Government agencies that use modeling and
simulation extensively, including the Department of Defense,
the National Institute of Health, the Department of Homeland
Security, the Department of Health and Human Services, the
Department of Energy, and the Department of Transportation;
``(D) private industries with a primary focus on modeling
and simulation; and
``(E) national modeling and simulation organizations.
``(c) Enhancing Modeling and Simulation at Institutions of
Higher Education.--
``(1) Enhancement grants authorized.--
``(A) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible institutions to
enhance modeling and simulation degree programs at such
eligible institutions.
``(B) Duration of grant.--A grant awarded under this
subsection shall be awarded for a 3-year period, and such
grant period may be extended for not more than 2 years if the
Secretary determines that an eligible institution has
demonstrated success in enhancing the modeling and simulation
degree program at such eligible institution.
[[Page 1698]]
``(C) Minimum grant amount.--Subject to the availability of
appropriations, a grant awarded to an eligible institution
under this subsection shall not be less than $750,000.
``(D) Non-federal share.--Each eligible institution
receiving a grant under this subsection shall provide, from
non-Federal sources, in cash or in kind, an amount equal to
25 percent of the amount of the grant to carry out the
activities supported by the grant. The Secretary may waive
the non-Federal share requirement under this subparagraph for
an eligible institution if the Secretary determines a waiver
to be appropriate based on the financial ability of the
institution.
``(2) Eligible institutions.--For the purposes of this
subsection, an eligible institution is an institution of
higher education that--
``(A) has an established modeling and simulation degree
program, including a major, minor, or career-track program;
or
``(B) has an established modeling and simulation
certificate or concentration program.
``(3) Application.--To be considered for a grant under this
subsection, an eligible institution shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
Such application shall include--
``(A) a letter from the president or provost of the
eligible institution that demonstrates the institution's
commitment to the enhancement of the modeling and simulation
program at the institution of higher education;
``(B) an identification of designated faculty responsible
for the enhancement of the institution's modeling and
simulation program; and
``(C) a detailed plan for how the grant funds will be used
to enhance the modeling and simulation program of the
institution.
``(4) Uses of funds.--A grant awarded under this subsection
shall be used by an eligible institution to carry out the
plan developed in accordance with paragraph (3)(C) to enhance
modeling and simulation programs at the institution, which
may include--
``(A) in the case of an institution that is eligible under
paragraph (2)(B), activities to assist in the establishment
of a major, minor, or career-track modeling and simulation
program at the eligible institution;
``(B) expanding the multi-disciplinary nature of the
institution's modeling and simulation programs;
``(C) recruiting students into the field of modeling and
simulation through the provision of fellowships or
assistantships;
``(D) creating new courses to compliment existing courses
and reflect emerging developments in the modeling and
simulation field;
``(E) conducting research to support new methodologies and
techniques in modeling and simulation; and
``(F) purchasing equipment necessary for modeling and
simulation programs.
``(d) Establishing Modeling and Simulation Programs.--
``(1) Establishment grants authorized.--
``(A) In general.--The Secretary is authorized to award
grants to institutions of higher education to establish a
modeling and simulation program, including a major, minor,
career-track, certificate, or concentration program.
``(B) Duration of grant.--A grant awarded under this
subsection shall be awarded for a 3-year period, and such
grant period may be extended for not more than 2 years if the
Secretary determines that an eligible institution has
demonstrated success in establishing a modeling and
simulation degree program at such eligible institution.
``(C) Minimum grant amount.--Subject to the availability of
appropriations, a grant awarded to an eligible institution
under this subsection shall not be less than $750,000.
``(D) Non-federal share.--Each eligible institution
receiving a grant under this subsection shall provide, from
non-Federal sources, in cash or in kind, an amount equal to
25 percent of the amount of the grant to carry out the
activities supported by the grant. The Secretary may waive
the non-Federal share requirement under this subparagraph for
an eligible institution if the Secretary determines a waiver
to be appropriate based on the financial ability of the
institution.
``(2) Application.--To apply for a grant under this
subsection, an eligible institution shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
Such application shall include--
``(A) a letter from the president or provost of the
eligible institution that demonstrates the institution's
commitment to the establishment of a modeling and simulation
program at the institution of higher education;
``(B) a detailed plan for how the grant funds will be used
to establish a modeling and simulation program at the
institution; and
``(C) a description of how the modeling and simulation
program established under this subsection will complement
existing programs and fit in to the institution's current
program and course offerings.
``(3) Uses of funds.--A grant awarded under this subsection
may be used by an eligible institution to--
``(A) establish, or work toward the establishment of, a
modeling and simulation program, including a major, minor,
career-track, certificate, or concentration program at the
eligible institution;
``(B) provide adequate staffing to ensure the successful
establishment of the modeling and simulation program, which
may include the assignment of full-time dedicated or
supportive faculty; and
``(C) purchasing equipment necessary for a modeling and
simulation program.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$40,000,000 for fiscal year 2009 and such sums as may be
necessary for each of the 4 succeeding fiscal years. Of the
amounts authorized to be appropriated for each fiscal year--
``(1) $1,000,000 is authorized to carry out the activities
of the task force established pursuant to subsection (b); and
``(2) of the amount remaining after the allocation for
paragraph (1)--
``(A) 50 percent is authorized to carry out the grant
program under subsection (c); and
``(B) 50 percent is authorized to carry out the grant
program under subsection (d).
``PART Q--BUSINESS WORKFORCE PARTNERSHIPS
``SEC. 887. GRANTS TO CREATE BUSINESS WORKFORCE PARTNERSHIPS.
``(a) Purpose and Authorization.--
``(1) Purpose.--The purpose of this section is to provide
grants to institutions of higher education partnering with
employers to strengthen ties between college degree credit
offerings and business and industry workforce needs, and
expand opportunities for worksite learning.
``(2) Authorization of program.--The Secretary shall award
grants, on a competitive basis, to eligible partnerships for
the purposes of creating business and industry workforce
partnerships.
``(b) Definition of Business and Industry Workforce
Partnership.--
``(1) In general.--For purposes of this section, the term
`business and industry workforce partnership' means a
partnership between an institution of higher education and--
``(A) an employer or group of employers, or a local board
(as such term is defined in section 101 of the Workforce
Investment Act of 1998), or both; and
``(B) labor organizations, where applicable, that represent
workers locally in the businesses or industries that are the
focus of the partnership, including as a result of such
organization's representation of employees at a worksite at
which the partnership proposes to conduct activities under
this section.
``(2) Exception.--In the case of a State that does not
operate local boards, paragraph (1)(A) shall be applied by
substituting `State board' for `local board'.
``(c) Application.--A business and industry workforce
partnership seeking a grant under this section shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(d) Priority for Applications Focused on Serving
Nontraditional Students.--The Secretary shall give priority
to applications focused on serving nontraditional students
who are independent, as defined in section 480(d), do not
already have a bachelor's degree, and who have one or more of
the following characteristics:
``(1) Are the first generation in their family to attend
college.
``(2) Have delayed enrollment in college.
``(3) Have dependents.
``(e) Peer Review.--The Secretary shall convene a peer
review process, which shall include individuals knowledgeable
about workforce education for working adults, to review
applications for grants under this section, and make
recommendations to the Secretary on the selection of grant
recipients.
``(f) Mandatory Activities.--A partnership that receives a
grant under this section shall use the grant funds to carry
out all of the following activities:
``(1) Identify high demand occupations in the regional
labor market which offer or can lead to high wages, in
coordination with the State employment security agency funded
under the Wagner-Peyser Act.
``(2) Develop linked career and educational pathways for
those occupations and related ones, including, where
appropriate, pathways involving registered apprenticeships.
``(3) Consult with employers offering jobs in occupations
identified under paragraph (1) to determine workforce
development needs.
``(4) Consult with labor organizations representing workers
locally in the occupations identified in paragraph (1), where
applicable.
``(5) Identify existing college degree credit offerings or
create new degree credit offerings that prepare students to
meet business and industry workforce needs, including
offerings connected to registered apprenticeship programs.
``(g) Permissible Activities.--A partnership that receives
a grant under this section may use the grant funds to carry
out one or more of the following activities:
``(1) In consultation with faculty in the appropriate
departments, adapt college offerings identified and created
under subsection (f)(5) to the schedules and needs of working
students, such as by creating evening, weekend, modular,
compressed, or distance learning formats, enrolling students
in learning communities, or other relevant innovations.
``(2) Create bridge programs that prepare students with
lower skills or limited English proficiency to enter the
college offerings identified or created under subsection
(f)(5).
``(3) Expand worksite learning opportunities.
``(4) Other activities that the institution and the
Secretary deem appropriate to carry out the purposes of this
program.
``(h) Grant Period.--Grants made under this section shall
be for a period of at least 36 months and not more than 60
months.
[[Page 1699]]
``(i) Technical Assistance.--The Secretary shall provide
technical assistance to grantees under this section
throughout the grant period.
``(j) Evaluation.--The Secretary shall conduct an
evaluation of the effectiveness of the program under this
section and disseminate the findings of such evaluation, as
well as information on promising practices developed under
this section.
``(k) Report to Congress.--Not less than 36 months after
the first grant is awarded under this section, the Secretary,
jointly with the Secretary of Labor, shall report to Congress
on:
``(1) Changes to the Higher Education Act and related Acts,
such as the Perkins Vocational and Technical Education Act
and the Workforce Investment Act (both Title I and Title II),
that would help create and sustain business and industry
workforce partnerships at colleges.
``(2) Other changes to the Higher Education Act and related
Acts, such as the Perkins Vocational and Technical Education
Act and the Workforce Investment Act, that would more
generally strengthen the links between business and industry
workforce needs, workforce development programs, and other
college degree credit offerings.''.
SEC. 802. SENSE OF THE CONGRESS; REPORT.
(a) Sense of Congress.--It is the sense of the Congress
that--
(1) in order to provide the borrowers of Federal student
loans with the option of converting their loans to income
contingent repayment by providing direct loans for the
discharge of such loans (in this section referred to as
``direct IDEA loans''), the Secretary of Education and the
Secretary of the Treasury will work together to develop a
process by which the borrower will make payments on such loan
using the income tax withholding system and will make
appropriate adjustments to his or her withholding or
estimated tax payments for such purposes;
(2) the Secretaries should determine--
(A) whether such a repayment option would be beneficial to
borrowers and taxpayers; and
(B) how such program would be implemented by the
Departments of Education and Treasury; and
(3) this process would--
(A) streamline the repayment process and provide greater
flexibility for borrowers electing to use the direct IDEA
loan;
(B) significantly reduce the number of loan defaults by
borrowers; and
(C) significantly reduce the redundancy in reporting
information pertaining to income contingent repayment to the
Department of Education, institutions, and applicants.
(b) Report.--The Secretaries of Education and the Treasury
shall, within one year after the date of enactment of this
Act--
(1) provide the Congress with information on the progress
in devising the direct IDEA loan with income contingent
repayment using the income tax withholding system;
(2) inform the Congress of any necessary statutory changes
for the purpose of establishing a direct IDEA loan with
income contingent repayment using the income tax withholding
system; and
(3) consider international programs demonstrating
implementation of income contingent repayment collected
through revenue services, such as programs in England,
Australia, and New Zealand.
SEC. 803. INDEPENDENT EVALUATION OF DISTANCE EDUCATION
PROGRAMS.
(a) Independent Evaluation.--The Secretary of Education
shall enter into an agreement with the National Academy of
Sciences to conduct a scientifically correct and
statistically valid evaluation of the quality of distance
education programs, as compared to campus-based education
programs, at institutions of higher education. Such
evaluation shall include--
(1) identification of the elements by which the quality of
distance education, as compared to campus-based education,
can be assessed, including elements such as subject matter,
interactivity, and student outcomes;
(2) identification of distance and campus-based education
program success, with respect to student achievement, in
relation to the mission of the institution of higher
education; and
(3) identification of the types of students (including
classification of types of students based on student age) who
most benefit from distance education programs, the types of
students who most benefit from campus-based education
programs, and the types of students who do not benefit from
distance education programs, by assessing elements including
access to higher education, job placement rates,
undergraduate graduation rates, and graduate and professional
degree attainment rates.
(b) Scope.--The National Academy of Sciences shall select
for participation in the evaluation under subsection (a) a
diverse group of institutions of higher education with
respect to size, mission, and geographic distribution.
(c) Interim and Final Reports.--The agreement under
subsection (a) shall require that the National Academy of
Sciences submit to the authorizing committees (as such term
is defined in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003)--
(1) an interim report regarding the evaluation under
subsection (a) not later than December 31, 2008; and
(2) a final report regarding such evaluation not later than
December 31, 2010.
SEC. 804. ENCOURAGING COLLEGES AND UNIVERSITIES TO ``GO
GREEN''.
(a) Findings.--The Committee on Education and Labor of the
House of Representatives makes the following findings:
(1) A commitment to and academic programs for environmental
and economic sustainability are essential for our Nation's
future prosperity.
(2) The more than 4,200 higher education institutions in
the United States have the capacity to innovatively leverage
spending and change consumption patterns by incorporating
concepts of sustainability into their academic programs and
by modeling sustainable economic and environmental practices
for their communities.
(3) Many colleges and universities have interdisciplinary
programs or centers focusing on equipping students with the
academic content knowledge needed to understand concepts of
sustainability and ``going green''.
(4) Many colleges and universities have programs related to
the research of sustainability and sustainable systems.
(5) Academic programs related to sustainability vary in
rigor because no national education content standards for
academic sustainability programs currently exist.
(6) Colleges and universities may partner with businesses
to encourage students and faculty to translate academic
learning and research into practical solutions that promote
sustainability.
(7) Colleges and universities that make an effort to reduce
energy consumption and promote environmental sustainability
not only reduce their own emissions, but also motivate the
leaders of the next generation to action and create technical
skills and resources to develop innovative solutions.
(8) Many colleges and universities have undertaken
detailed, campus-wide assessments of their progress toward
``going green'' and sustainability or have measured their
progress in specific sectors, such as operations, or specific
parameters, such as recycling, energy, and water consumption.
(9) No system that evaluates and compares college and
university campuses in terms of overall sustainability-
related academic programs and practices currently exists.
(b) Sense of the Committee on Education and Labor.--It is
the sense of the Committee on Education and Labor that in
order to encourage increased public awareness of the need to
``go green'' by using sustainable economic and environmental
practices and rigorous sustainability academic programs on
college and university campuses, the following should be
encouraged:
(1) The development of educational standards by
institutions of higher education to determine the necessary
rigor and effectiveness of academic sustainability programs.
(2) Public awareness of the need for ``going green'' by
using sustainable economic and environmental practices.
(3) Non-governmental efforts to improve economic and
environmental sustainability efforts on college and
university campuses, including holding national summits to
share best practices.
(4) Collaborative partnerships between Federal agencies,
businesses, universities and communities to broaden
sustainability practices.
SEC. 805. STUDY OF COSTS OF ENVIRONMENTAL, HEALTH, AND SAFETY
STANDARDS.
(a) Study.--The Secretary of Education shall commission the
National Research Council to conduct a national study to
determine the viability of developing and implementing
standards in environmental, health, and safety areas to
provide for differential regulation of industrial
laboratories and facilities, on the one hand, and research
and teaching laboratories on the other. The National Research
Council shall make specific recommendations for statutory and
regulatory changes that are needed to develop such a
differential approach.
(b) Report.--The Secretary of Education shall submit the
list of those regulations that impose the greatest compliance
costs on institutions of higher education and make
recommendations for statutory changes to ease the compliance
burden to the authorizing committees (as such term is defined
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003).
SEC. 806. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT.
(a) Study Required.--The Secretary of Education shall--
(1) commission and ensure the conduct of a national study
of underrepresented minority males, particularly African
American and Hispanic American males, completing high school,
and entering and graduating from colleges and universities in
accordance with the following:
(A) the data comprising the study shall focus primarily on
African American and Hispanic American males and will utilize
existing data sources;
(B) the study shall focus on high school completion and
preparation for college, success on the SAT and ACT, and
minority male access to college, including the financing of
college, and college persistence and graduation; and
(C) the implementation of the study shall be in four stages
based on the recommendations of the Commissioner of Education
Statistics; and
(2) make specific recommendations to the Congress and State
superintendents of education on new approaches to increase--
(A) the number of minority males successfully preparing
themselves for college study;
(B) the number of minority males graduating from high
school and entering college; and
(C) the number of minority males graduating from college
and entering careers in which they are underrepresented.
(b) Submission of the Report.--Not later than 4 years after
the date of enactment of this section, the Secretary shall
submit a report on the study required by subsection (a)(1),
together with the recommendations required by subsection
(a)(2), to the authorizing committees (as such term is
defined in section 103 of the Higher Education Act of 1965
(20 U.S.C. 1003)).
[[Page 1700]]
SEC. 807. STUDY ON BIAS IN STANDARDIZED TESTS.
(a) Study.--The Comptroller General shall conduct a study
to identify any race, ethnicity, and gender biases present in
the design of standardized tests that are used for admission
to institutions of higher education.
(b) Data Available to the Public.--Any data collected and
used for the study under subsection (a) shall be made
publicly available, except that such data shall not be made
available in any manner that reveals personally identifiable
information relating to any individual.
(c) Report.--Not later than one year after date of the
enactment of this Act, the Comptroller General shall issue an
interim report to the authorizing committees (as defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) related to the progress of the study under subsection
(a).
SEC. 808. FEASIBILITY STUDY ON STUDENT LOANS.
(a) Study Required.--The Congressional Budget Office shall
conduct a study on the feasibility of allowing borrowers in
repayment of student loans made under the Higher Education
Act of 1965 the option of selecting or renegotiating a fixed
or variable interest rate on their loans and the repayment
period of such loans. The study shall evaluate various
scenarios and options and take into consideration the costs
to the government, lenders and borrowers of allowing such an
option as well as the impact on service quality.
(b) Report.--The Congressional Budget Office shall submit a
report on the study required by this section to the
authorizing committees (as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) not later than
one year after the date of the enactment of this Act.
SEC. 809. ENDOWMENT REPORT.
(a) Analysis of Endowments.--The Secretary of Education
shall conduct a study on the amounts, uses, and public
purposes of the endowments of institutions of higher
education. The study shall include information (disaggregated
by types of institution) describing--
(1) the average and range of--
(A) the outstanding balance of such endowments;
(B) the growth of such endowments over the last 10 years;
and
(C) the percentage of spending on an annual basis and, to
the extent practicable, the uses of such endowments by the
institutions; and
(2) the extent to which the funds in such endowments are
restricted, and the restrictions placed upon such funds.
(b) Submission of Report.--The Secretary shall submit the
report required by subsection (a) to the authorizing
committees (as such term is defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) not later than
one year after the date of enactment of this Act.
SEC. 810. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION.
(a) Study Required.--The Secretary of Education shall--
(1) conduct a longitudinal study to assess the effects of
correctional postsecondary education that--
(A) employs rigorous empirical methods that control for
self-selection bias;
(B) measures a range of outcomes, including those related
to employment and earnings, recidivism, engaged citizenship,
impact on families of the incarcerated, and impact on the
culture of the correctional institution;
(C) examines different delivery systems of postsecondary
education, such as on-site and distance learning; and
(D) includes a projected cost-benefit analysis of the
Federal investment in terms of reduction of future offending,
reduction of future prison costs (construction and
operational), increased tax payments by formerly incarcerated
individuals, a reduction of welfare and other social service
costs for successful formerly incarcerated individuals, and
increased costs from the employment of formerly incarcerated
individuals; and
(2) make specific recommendations to the Congress and the
relevant State agencies responsible for correctional
education, such as the State superintendents of education and
State secretaries of corrections, on best approaches to
increase correctional education and its effectiveness.
(b) Submission of Reports.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall submit
an interim report on the progress of the study required by
subsection (a)(1) to the authorizing committees (as defined
in section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)). Not later than 7 years after the date of enactment of
this Act, the Secretary shall submit a final report, together
with the recommendations required by subsection (a)(3), to
the authorizing committees.
SEC. 811. NATIONAL UNDERGRADUATE FELLOWS PROGRAM.
(a) Program Authorized.--The Secretary is authorized to
provide grants, on a competitive basis, to institutions of
higher education (as defined in section 102) to support a
National Undergraduate Fellows program.
(b) Purpose of Grants.--Grants under this section shall be
provided to enable administrators (including student affairs
administrators)--
(1) to improve postsecondary degree completion rates of
current underrepresented students through mentoring, a
leadership institute, an internship, and funding to attend
regional and national higher education administration
conferences;
(2) to increase the retention and success rates of not only
current students, but future generations of underrepresented
college students, by encouraging them to pursue a career in
higher education or student affairs; and
(3) to increase the quality and number of underrepresented
higher education and student affairs administrators able to
provide much needed student support services to students.
(c) Uses of Funds.--Grantees under this section may use the
funds to provide--
(1) staffing support for the program, which may include a
higher education administrator as a mentor;
(2) summer internship opportunities focusing on higher
education administration, at an institution other than their
own;
(3) a summer leadership institute participation opportunity
for self reflection, leadership skill building, graduate
school preparation, and career development; and
(4) as needed, support to attend regional and national
higher education conferences for additional leadership and
professional development.
(d) On-Going Support for the Fellows Program.--From the
funds appropriated in section 800 of the Higher Education Act
of 1965, the Secretary shall award a grant, on a competitive
basis, to a national organization to enable such organization
to support the establishment and ongoing work of the program
under this section.
SEC. 812. NATIONAL CENTER FOR LEARNING SCIENCE AND TECHNOLOGY
TRUST FUND.
(a) Establishment.--There is established a nonprofit
corporation to be known as the National Center for Learning
Science and Technology (referred to in this Act as the
``Center'') which shall not be an agency or establishment of
the United States Government. The Center shall be subject to
the provisions of this section, and, to the extent consistent
with this section, to the District of Columbia Nonprofit
Corporation Act (D.C. Code, section 29-501 et seq.).
(b) Funding.--
(1) In general.--There is established in the Treasury a
separate fund to be known as the National Center for Learning
Science and Technology Trust Fund (referred to in this Act as
the ``Trust Fund''). The Trust Fund shall contain such
amounts as are credited to the Trust Fund under paragraph (2)
and other funds obtained under paragraph (3).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Trust Fund such sums as may be
necessary for the fiscal years 2008 and each of the 4
succeeding fiscal years.
(3) Additional funds.--The Trust Fund is authorized--
(A) to accept funds from any Federal agency or entity;
(B) to accept, hold, administer, invest, and spend any
gift, devise, or bequest of real or personal property made to
the Center; and
(C) to enter into contracts with individuals, public or
private organizations, professional societies, and government
agencies for the purpose of carrying out the functions of the
Center.
(c) Board of Directors; Functions, and Duties.--
(1) In general.--A board of directors of the Center
(referred to in this Act as the ``Board'') shall be
established to oversee the administration of the Center. Such
Board shall consist of 9 members to be appointed by the
Secretary of Education, who--
(A) reflect representation from the public and private
sectors; and
(B) shall provide, as nearly as practicable, a broad
representation of various regions of the United States,
various professions and occupations, and various kinds of
talent and experience appropriate to the functions and
responsibilities of the Center.
(2) Organization and operation.--The board shall
incorporate and operate the center in accordance with the
laws governing tax exempt organizations in the District of
Columbia.
(d) Trust Fund Uses.--
(1) Uses of funds.--To achieve the objectives of this Act,
the Director of the Center, after consultation with the
Board, may use Trust funds--
(A) to support basic and applied research development and
demonstrations of innovative learning and assessment systems
as well as the components and tools needed to create them;
(B) to support the testing and evaluation of these systems;
and
(C) to encourage the widespread adoption and use of
effective approaches to learning.
(2) Contracts and grants.--
(A) In general.--In order to carry out the activities
described in paragraph (1), the Director of the Center, with
the agreement of a majority of the members of the Board, may
award contracts and grants to colleges and universities,
museums, libraries, public broadcasting entities and similar
nonprofit organizations and public institutions (with or
without private partners).
(B) Public domain.--
(i) In general.--The research and development properties
and materials associated with a project in which a majority
of the funding used to carry out the project is from a grant
or contract under this Act shall be freely and nonexclusively
available to the general public in a timely manner.
(ii) Exemption.--The Director of the Center may exempt
specific projects from the requirement of clause (i) if the
Director of the Center and a majority of the members of the
Board determine that the general public will benefit
significantly due to the project not being freely and
nonexclusively available to the general public in a timely
manner.
(C) Peer review.--To the extent practicable, proposals for
grants or contracts shall be evaluated on the basis of
comparative merit by panels
[[Page 1701]]
of experts who represent diverse interests and perspectives,
and who are appointed by the Director of the Center from
recommendations from the fields served and from the Board of
Directors.
(e) Accountability and Reporting.--
(1) Report.--
(A) In general.--Not later than April 30 of each year, the
Director of the Center shall prepare a report for the
preceding fiscal year that contains the information described
in subparagraph (B).
(B) Contents.--A report under subparagraph (A) shall
include--
(i) a comprehensive and detailed report of the Center's
operations, activities, financial condition, and
accomplishments, and such recommendations as the Director of
the Center determines appropriate;
(ii) a comprehensive and detailed inventory of funds
distributed from the Trust Fund during the fiscal year for
which the report is being prepared; and
(iii) an independent audit of the Trust Fund's finances and
operations, and of the implementation of the goals
established by the Board.
(C) Statement of the board.--Each report under subparagraph
(A) shall include a statement from the Board containing--
(i) a clear description of the plans and priorities of the
Board for the subsequent 5-year period for expenditures from
the Trust Fund; and
(ii) an estimate of the funds that will be available for
such expenditures from the Trust Fund.
(D) Submission to the president and congress.--A report
under this subsection shall be submitted to the President and
the authorizing committees (as such term is defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)).
(2) Testimony.--The Director and principal officers of the
Center shall testify before the appropriate committees of
Congress, upon request of such committees, with respect to--
(A) a report prepared under paragraph (1)(A); and
(B) any other matter that such committees may determine
appropriate.
(f) Use of Funds Subject to Appropriations.--The authority
to award grants, enter into contracts, or otherwise to expend
funds under this section is subject to the availability of
amounts deposited into the Trust Fund under subsection
(b)(3)(A) or (B), or amounts otherwise appropriated for such
purposes by an Act of Congress.
SEC. 813. GAO STUDY OF EDUCATION RELATED INDEBTEDNESS OF
MEDICAL SCHOOL GRADUATES.
(a) Study Required.--The Comptroller General shall conduct
a study to evaluate the higher education related indebtedness
of medical school graduates in the United States at the time
of graduation.
(b) Deadline.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a
report on the study required by subsection (a) to the
authorizing Committees (as such term is defined in section
103 of the Higher Education Act of 1965), and shall make the
report widely available to the public. Additional reports may
be periodically prepared and released as necessary.
TITLE IX--AMENDMENTS TO OTHER LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.
Section 104 of the Education of the Deaf Act of 1986 (20
U.S.C. 4304) is amended--
(1) by striking the section heading and inserting ``LAURENT
CLERC NATIONAL DEAF EDUCATION CENTER'';
(2) in subsection (a)(1)(A), by inserting ``the Laurent
Clerc National Deaf Education Center (referred to in this
section as the `Clerc Center') to carry out'' after
``maintain and operate''; and
(3) in subsection (b)--
(A) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``elementary and secondary education
programs'' and inserting ``Clerc Center'';
(B) in paragraph (2), by striking ``elementary and
secondary education programs'' and inserting ``Clerc
Center'';
(C) in paragraph (4)(C)--
(i) in clause (i), by striking ``(6)'' and inserting
``(8)''; and
(ii) in clause (vi), by striking ``(m)'' and inserting
``(o)''; and
(D) by adding at the end the following:
``(5) The University, for purposes of the elementary and
secondary education programs carried out at the Clerc Center,
shall--
``(A)(i)(I) select challenging academic content standards,
challenging student academic achievement standards, and
academic assessments of a State, adopted and implemented, as
appropriate, pursuant to paragraphs (1) and (3) of section
1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)(1) and (3)) and approved by the Secretary;
or
``(II) develop such standards and assessments subject to
the approval of the Secretary; and
``(ii) implement such standards and assessments for such
programs by not later than the beginning of the 2009-2010
academic year;
``(B) annually determine whether such programs at the Clerc
Center are making adequate yearly progress, as determined
according to the definition of adequate yearly progress
defined (pursuant to section 1111(b)(2)(C) of such Act (20
U.S.C. 6311(b)(2)(C))) by--
``(i) the State that has adopted and implemented the
standards and assessments selected under subparagraph
(A)(i)(I); or
``(ii) the University, if the University develops standards
and assessments in accordance with subparagraph (A)(i)(II);
and
``(C) publicly report the results of the academic
assessments implemented under subparagraph (A), except where
such reporting would not yield statistically reliable
information or would reveal personally identifiable
information about an individual student, and whether the
programs at the Clerc Center are making adequate yearly
progress, as determined under subparagraph (B).''.
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY.
Section 105(b)(4) of the Education of the Deaf Act of 1986
(20 U.S.C. 4305(b)(4)) is amended--
(1) by striking ``the Act of March 3, 1931 (40 U.S.C. 276a-
276a-5) commonly referred to as the Davis-Bacon Act'' and
inserting ``subchapter IV of chapter 31 of title 40, United
States Code, commonly referred to as the Davis-Bacon Act'';
and
(2) by striking ``section 2 of the Act of June 13, 1934 (40
U.S.C. 276c)'' and inserting ``section 3145 of title 40,
United States Code''.
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE FOR
THE DEAF.
Section 112 of the Education of the Deaf Act of 1986 (20
U.S.C. 4332) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``an institution of higher education'' and
inserting ``the Rochester Institute of Technology, Rochester,
New York''; and
(II) by striking ``of a'' and inserting ``of the''; and
(ii) by striking the second sentence;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) If, pursuant to the agreement established under
paragraph (1), either the Secretary or the Rochester
Institute of Technology terminates the agreement, the
Secretary shall consider proposals from other institutions of
higher education and enter into an agreement with one of
those institutions for the establishment and operation of a
National Technical Institute for the Deaf.''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``Committee on Labor and
Human Resources of the Senate'' and inserting ``Committee on
Health, Education, Labor, and Pensions of the Senate''; and
(B) in paragraph (5)--
(i) by striking ``the Act of March 3, 1931 (40 U.S.C.
276a--276a-5) commonly referred to as the Davis-Bacon Act''
and inserting ``subchapter IV of chapter 31 of title 40,
United States Code, commonly referred to as the Davis-Bacon
Act''; and
(ii) by striking ``section 2 of the Act of June 13, 1934
(40 U.S.C. 276c)'' and inserting ``section 3145 of title 40,
United States Code''.
SEC. 904. AUDIT.
Section 203 of the Education of the Deaf Act of 1986 (20
U.S.C. 4353) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``sections'' and all that
follows through the period and inserting ``sections 102(b),
105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections (c)
through (f) of section 207, and subsections (b) and (c) of
section 209.''; and
(B) in paragraph (3), by inserting ``and the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate'' after ``Secretary''; and
(2) in subsection (c)(2)(A), by striking ``Committee on
Labor and Human Resources of the Senate'' and inserting
``Committee on Health, Education, Labor, and Pensions of the
Senate''.
SEC. 905. REPORTS.
Section 204 of the Education of the Deaf Act of 1986 (20
U.S.C. 4354) is amended--
(1) in the matter preceding paragraph (1), by striking
``Committee on Labor and Human Resources of the Senate'' and
inserting ``Committee on Health, Education, Labor, and
Pensions of the Senate'';
(2) in paragraph (1), by striking ``preparatory,'';
(3) in paragraph (2)(C), by striking ``upon graduation/
completion'' and inserting ``on the date that is 1 year after
the date of graduation or completion''; and
(4) in paragraph (3)(B), by striking ``of the institution
of higher education'' and all that follows through the period
and inserting ``of NTID programs and activities.''.
SEC. 906. MONITORING, EVALUATION, AND REPORTING.
Section 205 of the Education of the Deaf Act of 1986 (20
U.S.C. 4355) is amended--
(1) in the first sentence of subsection (a), by striking
``preparatory,'';
(2) in subsection (b), by striking ``The Secretary, as part
of the annual report required under section 426 of the
Department of Education Organization Act, shall include a
description of'' and inserting ``The Secretary shall annually
transmit information to Congress on''; and
(3) in subsection (c), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2008 through
2013''.
SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS.
Section 206(a) of the Education of the Deaf Act of 1986 (20
U.S.C. 4356(a)) is amended by striking ``Not later than 30
days after the date of enactment of this Act, the'' and
inserting ``The''.
[[Page 1702]]
SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY
AND THE NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF.
Section 207(h) of the Education of the Deaf Act of 1986 (20
U.S.C. 4357(h)) is amended by striking ``fiscal years 1998
through 2003'' each place it appears and inserting ``fiscal
years 2008 through 2013''.
SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS.
Section 208(a) of the Education of the Deaf Act of 1986 (20
U.S.C. 4359(a)) is amended by striking ``Committee on Labor
and Human Resources of the Senate and the Committee on
Education and the Workforce of the House of Representatives''
and inserting ``Committee on Education and Labor of the House
of Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate''.
SEC. 910. INTERNATIONAL STUDENTS.
Section 209 of the Education of the Deaf Act of 1986 (20
U.S.C. 4359a) is amended--
(1) in subsection (a)--
(A) by striking ``preparatory, undergraduate,'' and
inserting ``undergraduate'';
(B) by striking ``Effective with'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
effective with''; and
(C) by adding at the end the following:
``(2) Distance learning.--International students who
participate in distance learning courses that are at NTID or
the University and who are residing outside of the United
States shall--
``(A) not be counted as international students for purposes
of the cap on international students under paragraph (1),
except that in any school year no United States citizen who
applies to participate in distance learning courses that are
at the University or NTID shall be denied participation in
such courses because of the participation of an international
student in such courses; and
``(B) not be charged a tuition surcharge, as described in
subsection (b).''; and
(2) by striking subsections (b), (c), and (d), and
inserting the following:
``(b) Tuition Surcharge.--Except as provided in subsections
(a)(2)(B) and (c), the tuition for postsecondary
international students enrolled in the University (including
undergraduate and graduate students) or NTID shall include,
for academic year 2008-2009 and any succeeding academic year,
a surcharge of--
``(1) 100 percent for a postsecondary international student
from a non-developing country; and
``(2) 50 percent for a postsecondary international student
from a developing country.
``(c) Reduction of Surcharge.--
``(1) In general.--Beginning with the academic year 2008-
2009, the University or NTID may reduce the surcharge--
``(A) under subsection (b)(1) from 100 percent to not less
than 50 percent if--
``(i) a student described under subsection (b)(1)
demonstrates need; and
``(ii) such student has made a good-faith effort to secure
aid through such student's government or other sources; and
``(B) under subsection (b)(2) from 50 percent to not less
than 25 percent if--
``(i) a student described under subsection (b)(2)
demonstrates need; and
``(ii) such student has made a good faith effort to secure
aid through such student's government or other sources.
``(2) Development of sliding scale.--The University and
NTID shall develop a sliding scale model that--
``(A) will be used to determine the amount of a tuition
surcharge reduction pursuant to paragraph (1); and
``(B) shall be approved by the Secretary.
``(d) Definition.--In this section, the term `developing
country' means a country with a per-capita income of not more
than $4,825, measured in 1999 United States dollars, as
adjusted by the Secretary to reflect inflation since 1999.''.
SEC. 911. RESEARCH PRIORITIES.
Section 210(b) of the Education of the Deaf Act of 1986 (20
U.S.C. 4359b(b)) is amended by striking ``Committee on
Education and the Workforce of the House of Representatives,
and the Committee on Labor and Human Resources of the
Senate'' and inserting ``Committee on Education and Labor of
the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate''.
SEC. 912. NATIONAL STUDY ON THE EDUCATION OF THE DEAF.
(a) Conduct of Study.--Subsection (a)(1) of section 211 of
the Education of the Deaf Act of 1986 (20 U.S.C. 4360) is
amended by inserting after ``The Secretary shall'' the
following: ``establish a commission on the education of the
deaf (in this section referred to as the `commission') to''.
(b) Public Input and Consultation.--Subsection (b) of such
section is amended by striking ``Secretary'' each place it
appears and inserting ``commission''.
(c) Report.--Subsection (c) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``Secretary'' and all that follows through ``1998'' and
inserting ``commission shall report to the Secretary and
Congress not later than 18 months after the date of the
enactment of the College Opportunity and Affordability Act of
2007''; and
(2) in paragraph (1)--
(A) by striking ``recommendations,'' and inserting
``recommendations relating to educated-related factors that
contribute to successful postsecondary education experiences
and employment for individuals who are deaf,''; and
(B) by striking ``Secretary'' and inserting ``commission''.
(d) Authorization of Appropriations.--Subsection (d) of
such section is amended by striking ``$1,000,000 for each of
the fiscal years 1999 and 2000'' and inserting ``such sums as
may be necessary for each of the fiscal years 2008 and
2009''.
SEC. 913. AUTHORIZATION OF APPROPRIATIONS.
Section 212 of the Education of the Deaf Act of 1986 (20
U.S.C. 4360a) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``fiscal years 1998 through 2003'' and
inserting ``fiscal years 2008 through 2013''; and
(2) in subsection (b), by striking ``fiscal years 1998
through 2003'' and inserting ``fiscal years 2008 through
2013''.
PART B--INDIAN EDUCATION
Subpart 1--Tribal Colleges and Universities
SEC. 921. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COLLEGE
OR UNIVERSITY ASSISTANCE ACT OF 1978.
(a) Clarification of the Definition of National Indian
Organization.--Section 2(a)(6) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C.
1801(a)(6)) is amended by striking ``in the field of Indian
education'' and inserting ``in the fields of tribally
controlled colleges and universities and Indian higher
education''.
(b) Indian Student Count.--Section 2(a) of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801(a)) is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) `Indian student' means a student who is--
``(A) a member of an Indian tribe; or
``(B) a biological child of a member of an Indian tribe,
living or deceased;''.
(c) Continuing Education.--Section 2(b) of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``paragraph (7) of subsection (a)'' and inserting
``subsection (a)(8)'';
(2) by striking paragraph (5) and inserting the following:
``(5) Determination of credits.--Eligible credits earned in
a continuing education program--
``(A) shall be determined as 1 credit for every 10 contact
hours in the case of an institution on a quarter system, or
15 contact hours in the case of an institution on a semester
system, of participation in an organized continuing education
experience under responsible sponsorship, capable direction,
and qualified instruction, as described in the criteria
established by the International Association for Continuing
Education and Training; and
``(B) shall be limited to 10 percent of the Indian student
count of a tribally controlled college or university.''; and
(3) by striking paragraph (6).
(d) Accreditation Requirement.--Section 103 of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1804) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (3), the following:
``(4)(A) is accredited by a nationally recognized
accrediting agency or association determined by the Secretary
of Education to be a reliable authority with regard to the
quality of training offered; or
``(B) according to such an agency or association, is making
reasonable progress toward accreditation.''.
(e) Technical Assistance Contracts.--Section 105 of the
Tribally Controlled College or University Assistance Act of
1978 (25 U.S.C. 1805) is amended--
(1) by striking the section designation and heading and all
that follows through ``The Secretary shall'' and inserting
the following:
``SEC. 105. TECHNICAL ASSISTANCE CONTRACTS.
``(a) Technical Assistance.--
``(1) In general.--The Secretary shall'';
(2) in the second sentence, by striking ``In the awarding
of contracts for technical assistance, preference shall be
given'' and inserting the following:
``(2) Designated organization.--The Secretary shall require
that a contract for technical assistance under paragraph (1)
shall be awarded''; and
(3) in the third sentence, by striking ``No authority'' and
inserting the following:
``(b) Effect of Section.--No authority''.
(f) Amount of Grants.--Section 108(a) of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1808(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``(a) Except as provided in section 111,''
and inserting the following:
``(a) Requirement.--
``(1) In general.--Except as provided in paragraph (2) and
section 111,'';
(3) in paragraph (1) (as redesignated by paragraphs (1) and
(2))--
[[Page 1703]]
(A) in the matter preceding subparagraph (A) (as
redesignated by paragraph (1))--
(i) by striking ``him'' and inserting ``the Secretary'';
and
(ii) by striking ``product of'' and inserting ``product
obtained by multiplying'';
(B) in subparagraph (A) (as redesignated by paragraph (1)),
by striking ``section 2(a)(7)'' and inserting ``section
2(a)(8)''; and
(C) in subparagraph (B) (as redesignated by paragraph (1)),
by striking ``$6,000,'' and inserting ``$8,000, as adjusted
annually for inflation.''; and
(4) by striking ``except that no grant shall exceed the
total cost of the education program provided by such college
or university.'' and inserting the following:
``(2) Exception.--The amount of a grant under paragraph (1)
shall not exceed an amount equal to the total cost of the
education program provided by the applicable tribally
controlled college or university.''.
(g) General Provisions Reauthorization.--Section 110(a) of
the Tribally Controlled College or University Assistance Act
of 1978 (25 U.S.C. 1810(a)) is amended--
(1) in paragraphs (1), (2), (3), and (4), by striking
``1999'' and inserting ``2008'';
(2) in paragraphs (1), (2), and (3), by striking ``4
succeeding'' and inserting ``5 succeeding'';
(3) in paragraph (2), by striking ``$40,000,000'' and
inserting ``such sums as may be necessary'';
(4) in paragraph (3), by striking ``$10,000,000'' and
inserting ``such sums as may be necessary''; and
(5) in paragraph (4), by striking ``succeeding 4'' and
inserting ``5 succeeding''.
(h) Endowment Program Reauthorization.--Section 306(a) of
the Tribally Controlled College or University Assistance Act
of 1978 (25 U.S.C. 1836(a)) is amended--
(1) by striking ``1999'' and inserting ``2008''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(i) Tribal Economic Development Reauthorization.--Section
403 of the Tribal Economic Development and Technology Related
Education Assistance Act of 1990 (25 U.S.C. 1852) is
amended--
(1) by striking ``$2,000,000 for fiscal year 1999'' and
inserting ``such sums as may be necessary for fiscal year
2008''; and
(2) by striking ``4 succeeding'' and inserting ``5
succeeding''.
(j) Tribally Controlled Postsecondary Career and Technical
Institutions.--
(1) In general.--The Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is
amended by adding at the end the following:
``TITLE V--TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL
INSTITUTIONS
``SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY
CAREER AND TECHNICAL INSTITUTION.
``In this title, the term `tribally controlled
postsecondary career and technical institution' has the
meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
``SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTIONS PROGRAM.
``(a) In General.--Subject to the availability of
appropriations, for fiscal year 2008 and each fiscal year
thereafter, the Secretary shall--
``(1) subject to subsection (b), select 2 tribally
controlled postsecondary career and technical institutions to
receive assistance under this title; and
``(2) provide funding to the selected tribally controlled
postsecondary career and technical institutions to pay the
costs (including institutional support costs) of operating
postsecondary career and technical education programs for
Indian students at the tribally controlled postsecondary
career and technical institutions.
``(b) Selection of Certain Institutions.--
``(1) Requirement.--For each fiscal year during which the
Secretary determines that a tribally controlled postsecondary
career and technical institution described in paragraph (2)
meets the definition referred to in section 501, the
Secretary shall select that tribally controlled postsecondary
career and technical institution under subsection (a)(1) to
receive funding under this section.
``(2) Institutions.--The 2 tribally controlled
postsecondary career and technical institutions referred to
in paragraph (1) are--
``(A) the United Tribes Technical College; and
``(B) the Navajo Technical College.
``(c) Method of Payment.--For each applicable fiscal year,
the Secretary shall provide funding under this section to
each tribally controlled postsecondary career and technical
institution selected for the fiscal year under subsection
(a)(1) in a lump sum payment for the fiscal year.
``(d) Distribution.--
``(1) In general.--For fiscal year 2009 and each fiscal
year thereafter, of amounts made available pursuant to
section 504, the Secretary shall distribute to each tribally
controlled postsecondary career and technical institution
selected for the fiscal year under subsection (a)(1) an
amount equal to the greater of--
``(A) the total amount appropriated for the tribally
controlled postsecondary career and technical institution for
fiscal year 2006; or
``(B) the total amount appropriated for the tribally
controlled postsecondary career and technical institution for
fiscal year 2008.
``(2) Excess amounts.--If, for any fiscal year, the amount
made available pursuant to section 504 exceeds the sum of the
amounts required to be distributed under paragraph (1) to the
tribally controlled postsecondary career and technical
institutions selected for the fiscal year under subsection
(a)(1), the Secretary shall distribute to each tribally
controlled postsecondary career and technical institution
selected for that fiscal year a portion of the excess amount,
to be determined by--
``(A) dividing the excess amount by the aggregate Indian
student count (as defined in section 117(h) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2327(h))) of such institutions for the prior academic year;
and
``(B) multiplying the quotient described in subparagraph
(A) by the Indian student count of each such institution for
the prior academic year.
``SEC. 503. APPLICABILITY OF OTHER LAWS.
``(a) In General.--Paragraphs (4) and (7) of subsection
(a), and subsection (b), of section 2, sections 105, 108,
111, 112 and 113, and titles II, III, and IV shall not apply
to this title.
``(b) Indian Self-Determination and Education Assistance.--
Funds made available pursuant to this title shall be subject
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(c) Election To Receive.--A tribally controlled
postsecondary career and technical institution selected for a
fiscal year under section 502(b) may elect to receive funds
pursuant to section 502 in accordance with an agreement
between the tribally controlled postsecondary career and
technical institution and the Secretary under the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.) if the agreement is in existence on the date of
enactment of the College Opportunity and Affordability Act of
2007.
``(d) Other Assistance.--Eligibility for, or receipt of,
assistance under this title shall not preclude the
eligibility of a tribally controlled postsecondary career and
technical institutions to receive Federal financial
assistance under--
``(1) any program under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.);
``(2) any program under the Carl D. Perkins Career and
Technical Education Act of 2006; or
``(3) any other applicable program under which a benefit is
provided for--
``(A) institutions of higher education;
``(B) community colleges; or
``(C) postsecondary educational institutions.
``SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary for fiscal year 2008 and each fiscal year
thereafter to carry out this title.''.
(2) Conforming amendments.--Section 117 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2327) is amended--
(A) by striking subsection (a) and inserting the following:
``(a) Grant Program.--Subject to the availability of
appropriations, the Secretary shall make grants under this
section, to provide basic support for the education and
training of Indian students, to tribally controlled
postsecondary career and technical institutions that are not
receiving Federal assistance as of the date on which the
grant is provided under--
``(1) title I of the Tribally Controlled College or
University Assistance Act of 1978 (25 U.S.C. 1802 et seq.);
or
``(2) the Navajo Community College Act (25 U.S.C. 640a et
seq.).''; and
(B) by striking subsection (d) and inserting the following:
``(d) Applications.--To be eligible to receive a grant
under this section, a tribally controlled postsecondary
career and technical institution that is not receiving
Federal assistance under title I of the Tribally Controlled
College or University Assistance Act (25 U.S.C. 1802 et seq.)
or the Navajo Community College Act (25 U.S.C. 640a et seq.)
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.''.
(k) Short Title.--
(1) In general.--The first section of the Tribally
Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 note; Public Law 95-471) is amended to read as
follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Tribally Controlled
Colleges and Universities Assistance Act of 1978'.''.
(2) References.--Any reference in law (including
regulations) to the Tribally Controlled College or University
Assistance Act of 1978 shall be considered to be a reference
to the ``Tribally Controlled Colleges and Universities
Assistance Act of 1978''.
Subpart 2--Navajo Higher Education
SEC. 931. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT.
(a) Purpose.--Section 2 of the Navajo Community College Act
(25 U.S.C. 640a) is amended--
(1) by striking ``Navajo Tribe of Indians'' and inserting
``Navajo Nation''; and
(2) by striking ``the Navajo Community College'' and
inserting ``Dine College''.
(b) Grants.--Section 3 of the Navajo Community College Act
(25 U.S.C. 640b) is amended--
(1) in the first sentence--
(A) by inserting ``the'' before ``Interior'';
(B) by striking ``Navajo Tribe of Indians'' and inserting
``Navajo Nation''; and
(C) by striking ``the Navajo Community College'' and
inserting ``Dine College''; and
(2) in the second sentence--
(A) by striking ``Navajo Tribe'' and inserting ``Navajo
Nation''; and
[[Page 1704]]
(B) by striking ``Navajo Indians'' and inserting ``Navajo
people''.
(c) Study of Facilities Needs.--Section 4 of the Navajo
Community College Act (25 U.S.C. 640c) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``the Navajo Community College'' and
inserting ``Dine College''; and
(ii) by striking ``August 1, 1979'' and inserting ``October
31, 2010''; and
(B) in the second sentence, by striking ``Navajo Tribe''
and inserting ``Navajo Nation'';
(2) in subsection (b), by striking ``the date of enactment
of the Tribally Controlled Community College Assistance Act
of 1978'' and inserting ``October 1, 2007''; and
(3) in subsection (c), in the first sentence, by striking
``the Navajo Community College'' and inserting ``Dine
College''.
(d) Authorization of Appropriations.--Section 5 of the
Navajo Community College Act (25 U.S.C. 640c-1) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``$2,000,000'' and all
that follows through the end of the paragraph and inserting
``such sums as are necessary for fiscal years 2008 through
2013.''; and
(B) by adding at the end the following:
``(3) Sums described in paragraph (2) shall be used to
provide grants for construction activities, including the
construction of buildings, water and sewer facilities, roads,
information technology and telecommunications infrastructure,
classrooms, and external structures (such as walkways).'';
(2) in subsection (b)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``the Navajo Community College'' and
inserting ``Dine College''; and
(ii) by striking ``, for each fiscal year'' and all that
follows through ``for--'' and inserting ``such sums as are
necessary for fiscal years 2008 through 2013 to pay the cost
of--'';
(B) in subparagraph (A)--
(i) by striking ``college'' and inserting ``College'';
(ii) in clauses (i) and (iii), by striking the commas at
the end of the clauses and inserting semicolons; and
(iii) in clause (ii), by striking ``, and'' at the end and
inserting ``; and'';
(C) in subparagraph (B), by striking the comma at the end
and inserting a semicolon;
(D) in subparagraph (C), by striking ``, and'' at the end
and inserting a semicolon;
(E) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(F) by adding at the end the following:
``(E) improving and expanding the College, including by
providing, for the Navajo people and others in the community
of the College--
``(i) higher education programs;
``(ii) career and technical education;
``(iii) activities relating to the preservation and
protection of the Navajo language, philosophy, and culture;
``(iv) employment and training opportunities;
``(v) economic development and community outreach; and
``(vi) a safe learning, working, and living environment.'';
and
(3) in subsection (c), by striking ``the Navajo Community
College'' and inserting ``Dine College''.
(e) Effect on Other Laws.--Section 6 of the Navajo
Community College Act (25 U.S.C. 640c-2) is amended--
(1) by striking ``the Navajo Community College'' each place
it appears and inserting ``Dine College''; and
(2) in subsection (b), by striking ``college'' and
inserting ``College''.
(f) Payments; Interest.--Section 7 of the Navajo Community
College Act (25 U.S.C. 640c-3) is amended by striking ``the
Navajo Community College'' each place it appears and
inserting ``Dine College''.
PART C--HIGHER EDUCATION AMENDMENTS OF 1998; HIGHER EDUCATION
AMENDMENTS OF 1992
SEC. 941. GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS.
Part D of title VIII of the Higher Education Amendments of
1998 (20 U.S.C. 1151) is amended to read as follows:
``PART D--GRANTS FOR TRAINING FOR INCARCERATED INDIVIDUALS
``SEC. 821. GRANTS FOR IMPROVED WORKPLACE AND COMMUNITY
TRANSITION TRAINING FOR INCARCERATED
INDIVIDUALS.
``(a) Definition.--In this section:
``(1) Incarcerated individual.--The term `incarcerated
individual' means a male or female offender who is
incarcerated in a State or Federal prison, including a
prerelease facility.
``(2) Secretary.--The term `Secretary' means the Secretary
of Education.
``(b) Grant Program.--The Secretary--
``(1) shall establish a program in accordance with this
section to provide grants to the State correctional education
agencies in the States, and to the Federal Bureau of Prisons,
to assist and encourage incarcerated individuals to acquire
educational and job skills, through--
``(A) coursework to prepare students to take college-level
courses, such as remedial math and English for postsecondary
preparation;
``(B) the pursuit of a postsecondary education certificate,
or an associate or bachelor's degree, provided by a
regionally or nationally accredited body while in prison; and
``(C) employment counseling and other related services
which start during incarceration and end not later than 1
year after release from confinement; and
``(2) may establish such performance objectives and
reporting requirements for State correctional education
agencies and the Federal Bureau of Prisons receiving grants
under this section as the Secretary determines are necessary
to assess the effectiveness of the program under this
section.
``(c) Application.--To be eligible for a grant under this
section, a State correctional education agency or the Federal
Bureau of Prisons shall submit to the Secretary a proposal
for an incarcerated individual program that--
``(1) identifies the scope of the problem, including the
number of incarcerated individuals in need of postsecondary
education and vocational training;
``(2) lists the accredited public or private educational
institution or institutions with campuses established outside
the prison facility that will provide postsecondary
preparatory or postsecondary educational services;
``(3) lists the cooperating agencies, public and private,
or businesses that will provide related services, such as
counseling in the areas of career development, substance
abuse, health, and parenting skills;
``(4) describes specific performance objectives and
evaluation methods (in addition to, and consistent with, any
objectives established by the Secretary under subsection
(b)(2)) that the State correctional education agency or the
Federal Bureau of Prisons will use in carrying out its
proposal, including--
``(A) specific and quantified student outcome measures that
are referenced to outcomes for non-program participants with
similar demographic characteristics; and
``(B) measures, consistent with the data elements and
definitions described in subsection (d)(1)(A), of--
``(i) program completion, including an explicit definition
of what constitutes a program completion within the proposal;
``(ii) knowledge and skill attainment, including
specification of instruments that will measure knowledge and
skill attainment;
``(iii) attainment of employment both prior to and
subsequent to release;
``(iv) success in employment indicated by job retention and
advancement; and
``(v) recidivism, including such subindicators as time
before subsequent offense and severity of offense;
``(5) describes how the proposed programs are to be
integrated with existing State and Federal correctional
education programs (such as adult education, graduate
education degree programs, and vocational training) and State
and Federal prison industry programs; and
``(6) describes how the proposed programs will have
considered or will utilize technology to deliver the services
under this section.
``(d) Program Requirements.--Each State correctional
education agency and Federal Bureau of Prisons entity
receiving a grant under this section shall--
``(1) annually report to the Secretary regarding--
``(A) the results of the evaluations conducted using data
elements and definitions provided by the Secretary for the
use of State correctional education programs and the Federal
Bureau of Prisons;
``(B) any objectives or requirements established by the
Secretary pursuant to subsection (b)(2);
``(C) the additional performance objectives and evaluation
methods contained in the proposal described in subsection
(c)(4) as necessary to document the attainment of project
performance objectives; and
``(D) how the funds provided under this section are being
allocated among postsecondary preparatory education,
postsecondary academic, and vocational education programs;
and
``(2) provide to each State and the Federal Bureau of
Prisons for each student eligible under subsection (e) not
more than--
``(A) $3,000 annually for tuition, books, and essential
materials; and
``(B) $300 annually for related services such as career
development, substance abuse counseling, parenting skills
training, and health education.
``(e) Education Delivery Systems.--State correctional
education agencies, the Federal Bureau of Prisons, and
cooperating institutions shall, to the extent practicable,
use high-tech applications in developing programs to meet the
requirements and goals of this section.
``(f) Length of Participation.--Services carried out with a
grant under this section shall be available to incarcerated
individuals as follows:
``(1) Educational services shall start during the period of
incarceration or prerelease and shall end upon release.
``(2) Related services shall start during the period of
incarceration or prerelease and may continue for not more
than one year after release.
``(g) Federal Bureau of Prisons Grant Eligibility.--
Notwithstanding any other provision of law, the Federal
Bureau of Prisons shall be eligible to apply for and receive
a grant under this section, provided that the Federal Bureau
of Prisons meets the application and program requirements
under this section.
``(h) Allocation of Funds.--
``(1) States.--From the funds appropriated pursuant to
subsection (i) for each fiscal year, the Secretary shall
allot to each State an amount that bears the same ratio to
such funds as the total number of incarcerated individuals in
such State bears to the total number of such incarcerated
individuals in all States.
``(2) Federal bureau of prisons facilities.--From the funds
appropriated pursuant to
[[Page 1705]]
subsection (h) for each fiscal year, the Secretary shall
allot to each Federal Bureau of Prisons facility an amount
that bears the same ratio to such funds as the total number
of inmates in such facility bears to the total number of
inmates in all Bureau of Prisons facilities.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2009 and each of the
4 succeeding fiscal years.''.
SEC. 942. UNDERGROUND RAILROAD.
Section 841(c) of the Higher Education Amendments of 1998
(20 U.S.C. 1153(c)) is amended by striking ``this section''
and all that follows through the period at the end and
inserting ``this section $3,000,000 for fiscal years 2009 and
the 4 succeeding fiscal years.''.
SEC. 943. REPEALS OF EXPIRED AND EXECUTED PROVISIONS.
The following provisions of the Higher Education Amendments
of 1998 are repealed:
(1) Study of market mechanisms in federal student loan
programs.--Section 801 (20 U.S.C. 1018 note).
(2) Study of feasibility of alternate financial instruments
for determining lender yields.--Section 802.
(3) Student related debt study.--Section 803 (20 U.S.C.
1015 note).
(4) Community scholarship mobilization.--Part C of title
VIII (20 U.S.C. 1070 note).
(5) Improving united states understanding of science,
engineering, and technology in east asia.--Part F of title
VIII (42 U.S.C. 1862 note).
(6) Web-based education commission.--Part J of title VIII.
SEC. 944. OLYMPIC SCHOLARSHIPS.
Section 1543(d) of the Higher Education Amendments of 1992
(20 U.S.C. 1070 note) is amended by striking ``1999'' and
inserting ``2009''.
SEC. 945. ESTABLISHMENT OF ASSISTANT SECRETARY FOR
INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION.
(a) In General.--Section 202 of the Department of Education
Organization Act (20 U.S.C. 3412) is amended in subsection
(b)(1)--
(1) in subparagraph (E) by striking ``and'' at the end;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) an Assistant Secretary for International and Foreign
Language Education; and''.
(b) Functions.--Such section is further amended by adding
at the end the following:
``(j) The Assistant Secretary for International and Foreign
Language Education--
``(1) shall be an individual with extensive background and
experience in international and foreign language education;
and
``(2) notwithstanding any other provision of law, shall
report directly to the Secretary.''.
(c) Conforming Amendment.--Such section is further amended
in subsection (e)--
(1) in paragraph (4), by adding ``and'' at the end;
(2) in paragraph (5), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (6).
(d) Office of International and Foreign Language
Education.--Title II of the Department of Education
Organization Act is amended by inserting after section 207
(20 U.S.C. 3417) the following:
``OFFICE OF INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION
``Sec. 207A. There shall be in the Department an Office of
International and Foreign Language Education, to be
administered by the Assistant Secretary for International and
Foreign Language Education appointed under section 202(b). In
addition to performing such functions affecting international
and foreign language education as the Secretary may
prescribe, the Assistant Secretary shall--
``(1) have responsibility for encouraging and promoting the
study of foreign languages and the study of cultures of other
countries at the elementary, secondary, and postsecondary
levels in the United States;
``(2) carry out the administration of all Department
programs on international and foreign language education and
research;
``(3) coordinate with related international and foreign
language education programs of other Federal departments and
agencies; and
``(4) administer and coordinate the Department of
Education's activities in international affairs.''.
PART D--JUSTICE DEPARTMENT PROGRAMS
SEC. 951. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the
end the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as
prosecutors and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency cases (or
both) at the State or local level, including an employee who
supervises, educates, or trains other persons prosecuting
such cases.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or local agency who
provides legal representation to indigent persons in criminal
or juvenile delinquency cases (or both), including an
attorney who supervises, educates, or trains other persons
providing such representation;
``(ii) a full-time employee of a nonprofit organization
operating under a contract with a State or unit of local
government, who devotes substantially all of such full-time
employment to providing legal representation to indigent
persons in criminal or juvenile delinquency cases (or both),
including an attorney who supervises, educates, or trains
other persons providing such representation; or
``(iii) employed as a full-time Federal defender attorney
in a defender organization established pursuant to subsection
(g) of section 3006A of title 18, United States Code, that
provides legal representation to indigent persons in criminal
or juvenile delinquency cases (or both).
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.);
``(B) a loan made under part D or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and
1087aa et seq.); and
``(C) a loan made under section 428C or 455(g) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g))
to the extent that such loan was used to repay a Federal
Direct Stafford Loan, a Federal Direct Unsubsidized Stafford
Loan, or a loan made under section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall,
subject to the availability of appropriations, establish a
program by which the Department of Justice shall assume the
obligation to repay a student loan, by direct payments on
behalf of a borrower to the holder of such loan, in
accordance with subsection (d), for any borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Loan Repayment.--
``(1) Borrower agreement.--To be eligible to receive
repayment benefits under subsection (c), a borrower shall
enter into a written agreement with the Attorney General that
specifies that--
``(A) the borrower will remain employed as a prosecutor or
public defender for a required period of service of not less
than 3 years, unless involuntarily separated from that
employment;
``(B) if the borrower is involuntarily separated from
employment on account of misconduct, or voluntarily separates
from employment, before the end of the period specified in
the agreement, the borrower will repay the Attorney General
the amount of any benefits received by such employee under
this section; and
``(C) if the borrower is required to repay an amount to the
Attorney General under subparagraph (B) and fails to repay
such amount, a sum equal to that amount shall be recoverable
by the Federal Government from the employee (or such
employee's estate, if applicable) by such methods as are
provided by law for the recovery of amounts owed to the
Federal Government.
``(2) Repayment by borrower.--
``(A) In general.--Any amount repaid by, or recovered from,
an individual or the estate of an individual under this
subsection shall be credited to the appropriation account
from which the amount involved was originally paid.
``(B) Merger.--Any amount credited under subparagraph (A)
shall be merged with other sums in such account and shall be
available for the same purposes and period, and subject to
the same limitations, if any, as the sums with which the
amount was merged.
``(C) Waiver.--The Attorney General may waive, in whole or
in part, a right of recovery under this subsection if it is
shown that recovery would be against equity and good
conscience or against the public interest.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Attorney General under this section shall be made
subject to the availability of appropriations, and subject to
such terms, limitations, or conditions as may be mutually
agreed upon by the borrower and the Attorney General in an
agreement under paragraph (1), except that the amount paid by
the Attorney General under this section shall not exceed--
``(i) $10,000 for any borrower in any calendar year; or
``(ii) an aggregate total of $60,000 in the case of any
borrower.
``(B) Beginning of payments.--Nothing in this section shall
authorize the Attorney General to pay any amount to reimburse
a borrower for any repayments made by such borrower prior to
the date on which the Attorney General entered into an
agreement with the borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection
(d).
[[Page 1706]]
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor
or public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--The Attorney General shall provide
repayment benefits under this section--
``(A) subject to the availability of appropriations; and
``(B) in accordance with paragraph (2), except that the
Attorney General shall determine a fair allocation of
repayment benefits among prosecutors and defenders, and among
employing entities nationwide.
``(2) Priority.--In providing repayment benefits under this
section in any fiscal year, the Attorney General shall give
priority to borrowers--
``(A) who, when compared to other eligible borrowers, have
the least ability to repay their student loans (considering
whether the borrower is the beneficiary of any other student
loan repayment program), as determined by the Attorney
General; or
``(B) who--
``(i) received repayment benefits under this section during
the preceding fiscal year; and
``(ii) have completed less than 3 years of the first
required period of service specified for the borrower in an
agreement entered into under subsection (d).
``(g) Regulations.--The Attorney General is authorized to
issue such regulations as may be necessary to carry out the
provisions of this section.
``(h) Report by Inspector General.--Not later than 3 years
after the date of the enactment of this section, the
Inspector General of the Department of Justice shall submit
to Congress a report on--
``(1) the cost of the program authorized under this
section; and
``(2) the impact of such program on the hiring and
retention of prosecutors and public defenders.
``(i) GAO Study.--Not later than one year after the date of
the enactment of this section, the Comptroller General shall
conduct a study of, and report to Congress on, the impact
that law school accreditation requirements and other factors
have on the costs of law school and student access to law
school, including the impact of such requirements on racial
and ethnic minorities.
``(j) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of the fiscal years 2008 through 2013.''.
SEC. 952. NATIONAL CENTER FOR CAMPUS PUBLIC SAFETY.
(a) In General.--The Attorney General of the United States
is authorized to make grants, through the Office of Community
Oriented Policing Services, to establish and operate a
National Center for Campus Public Safety (referred to in this
section as the ``Center''). The Center shall--
(1) provide quality education and training for campus
public safety agencies and the agencies' collaborative
partners, including campus mental health agencies;
(2) foster quality research to strengthen the safety and
security of the institutions of higher education in the
United States;
(3) serve as a clearinghouse for the identification and
dissemination of information, policies, procedures, and best
practices relevant to campus public safety, including the
prevention of violence against persons and property and
emergency response and evacuation procedures;
(4) develop protocols, in conjunction with the Attorney
General, the Secretary of Homeland Security, the Secretary of
Education, State, local, and tribal governments and law
enforcement agencies, private and nonprofit organizations and
associations, and other stakeholders, to prevent, protect
against, respond to, and recover from, natural and man-made
emergencies or dangerous situations involving an immediate
threat to the health or safety of the campus community;
(5) promote the development and dissemination of effective
behavioral threat assessment and management models to prevent
campus violence;
(6) coordinate campus safety information and resources
available from the Department of Justice, the Department of
Homeland Security, the Department of Education, State, local,
and tribal governments and law enforcement agencies, and
private and nonprofit organizations and associations;
(7) increase cooperation, collaboration, and consistency in
prevention, response, and problem-solving methods among law
enforcement, mental health, and other agencies and
jurisdictions serving institutions of higher education in the
United States;
(8) develop standardized formats and models for mutual aid
agreements and memoranda of understanding between campus
security agencies and other public safety organizations and
mental health agencies; and
(9) report annually to Congress and the Attorney General on
activities performed by the Center during the previous 12
months.
(b) Coordination With Available Resources.--In establishing
the Center, the Attorney General shall--
(1) consult with the Secretary of Homeland Security, the
Secretary of Education, and the Attorneys General of each
State; and
(2) coordinate the establishment and operation of the
Center with campus public safety resources that may already
be available within the Department of Homeland Security and
the Department of Education.
(c) Definition of Institution of Higher Education.--In this
section, the term ``institution of higher education'' has the
meaning given the term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,750,000 for
each of the fiscal years 2008 and 2009 and such sums as may
be necessary thereafter.
SEC. 953. PRIVATE LOAN FORGIVENESS.
Section 209 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(i) This section does not prohibit--
``(1) a public or private institution of higher education
from providing an officer or employee of the executive branch
of the United States Government, of any independent agency of
the United States, or of the District of Columbia who is a
current or former student of such institution, financial
assistance for the purpose of repaying a student loan or
providing forbearance of student loan repayment: Provided,
that such repaying or providing forbearance--
``(A) is not provided exclusively to officers and employees
of the executive branch of the United States Government, of
any independent agency of the United States, and of the
District of Columbia; and
``(B) is provided to any such officer or employee--
``(i) in accordance with a written, published policy of the
institution relating to repaying or providing forbearance,
respectively, for students who perform public service; and
``(ii) under the same terms and conditions as are available
under such policy to other students of the institution who
are performing public service and who qualify for such
repayment or forbearance; and
``(2) an officer or employee of the executive branch of the
United States Government, of any independent agency of the
United States, or of the District of Columbia from receiving
repayment or forbearance permitted under paragraph (1).''.
PART E--STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980
SEC. 961. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3704) is amended by inserting the
following after subsection (b):
``(c) Minority Serving Institution Digital and Wireless
Technology Opportunity Program.--
``(1) In general.--The Secretary shall establish a Minority
Serving Institution Digital and Wireless Technology
Opportunity Program to assist eligible institutions in
acquiring, and augmenting their use of, digital and wireless
networking technologies to improve the quality and delivery
of educational services at eligible institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation, networking
capability, hardware and software, digital network
technology, wireless technology, and infrastructure to
further the objective of the Program described in paragraph
(1);
``(B) to develop and provide training, education, and
professional development programs, including faculty
development, to increase the use of, and usefulness of,
digital and wireless networking technology;
``(C) to provide teacher education, including the provision
of preservice teacher training and in-service professional
development at eligible institutions, library and media
specialist training, and preschool and teacher aid
certification to individuals who seek to acquire or enhance
technology skills in order to use digital and wireless
networking technology in the classroom or instructional
process, including instruction in science, mathematics,
engineering, and technology subjects;
``(D) to obtain capacity-building technical assistance,
including through remote technical support, technical
assistance workshops, and distance learning services; and
``(E) to foster the use of digital and wireless networking
technology to improve research and education, including
scientific, mathematics, engineering, and technology
instruction.
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a grant,
cooperative agreement, or contract under this subsection, an
eligible institution shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application,
at a minimum, shall include a description of how the funds
will be used, including a description of any digital and
wireless networking technology to be acquired, and a
description of how the institution will ensure that digital
and wireless networking will be made accessible to, and
employed by, students, faculty, and administrators. The
Secretary, consistent with subparagraph (C) and in
consultation with the advisory council established under
subparagraph (B), shall establish procedures to review such
applications. The Secretary shall publish the application
requirements and review criteria in the Federal Register,
along with a statement describing the availability of funds.
``(B) Advisory council.--The Secretary shall establish an
advisory council to advise the Secretary on the best
approaches to encourage maximum participation by eligible
institutions in the program established under paragraph (1),
and
[[Page 1707]]
on the procedures to review proposals submitted to the
program. In selecting the members of the advisory council,
the Secretary shall consult with representatives of
appropriate organizations, including representatives of
eligible institutions, to ensure that the membership of the
advisory council includes representatives of minority
businesses and eligible institution communities. The
Secretary shall also consult with experts in digital and
wireless networking technology to ensure that such expertise
is represented on the advisory council.
``(C) Review panels.--Each application submitted under this
subsection by an eligible institution shall be reviewed by a
panel of individuals selected by the Secretary to judge the
quality and merit of the proposal, including the extent to
which the eligible institution can effectively and
successfully utilize the proposed grant, cooperative
agreement, or contract to carry out the program described in
paragraph (1). The Secretary shall ensure that the review
panels include representatives of minority serving
institutions and others who are knowledgeable about eligible
institutions and technology issues. The Secretary shall
ensure that no individual assigned under this subsection to
review any application has a conflict of interest with regard
to that application. The Secretary shall take into
consideration the recommendations of the review panel in
determining whether to award a grant, cooperative agreement,
or contract to an eligible institution.
``(D) Information dissemination.--The Secretary shall
convene an annual meeting of eligible institutions receiving
grants, cooperative agreements, or contracts under this
subsection to foster collaboration and capacity-building
activities among eligible institutions.
``(E) Matching requirement.--The Secretary may not award a
grant, cooperative agreement, or contract to an eligible
institution under this subsection unless such institution
agrees that, with respect to the costs incurred by the
institution in carrying out the program for which the grant,
cooperative agreement, or contract was awarded, such
institution shall make available, directly, or through
donations from public or private entities, non-Federal
contributions in an amount equal to one-quarter of the grant,
cooperative agreement, or contract awarded by the Secretary,
or $500,000, whichever is the lesser amount. The Secretary
shall waive the matching requirement for any institution or
consortium with no endowment, or an endowment that has a
current dollar value lower than $50,000,000.
``(F) Awards.--
``(i) Limitation.--An eligible institution that receives a
grant, cooperative agreement, or contract under this
subsection that exceeds $2,500,000 shall not be eligible to
receive another grant, cooperative agreement, or contract.
``(ii) Consortia.--Grants, cooperative agreements, and
contracts may only be awarded to eligible institutions.
Eligible institutions may seek funding under this subsection
for consortia which may include other eligible institutions,
a State or a State education agency, local education
agencies, institutions of higher education, community-based
organizations, national nonprofit organizations, or
businesses, including minority businesses.
``(iii) Planning grants.--The Secretary may provide funds
to develop strategic plans to implement such grants,
cooperative agreements, or contracts.
``(iv) Institutional diversity.--In awarding grants,
cooperative agreements, and contracts to eligible
institutions, the Secretary shall ensure, to the extent
practicable, that awards are made to all types of
institutions eligible for assistance under this subsection.
``(v) Need.--In awarding funds under this subsection, the
Secretary shall give priority to the institution with the
greatest demonstrated need for assistance.
``(G) Annual report and evaluation.--
``(i) Annual report required from recipients.--Each
institution that receives a grant, cooperative agreement, or
contract awarded under this subsection shall provide an
annual report to the Secretary on its use of the grant,
cooperative agreement, or contract.
``(ii) Independent assessment.--Not later than 6 months
after the date of enactment of this subsection, the Secretary
shall enter into a contract with the National Academy of
Public Administration to conduct periodic assessments of the
program. The Assessments shall be conducted once every 3
years during the 10-year period following the enactment of
this subsection. The assessments shall include an evaluation
of the effectiveness of the program in improving the
education and training of students, faculty and staff at
eligible institutions that have been awarded grants,
cooperative agreements, or contracts under the program; an
evaluation of the effectiveness of the program in improving
access to, and familiarity with, digital and wireless
networking technology for students, faculty, and staff at all
eligible institutions; an evaluation of the procedures
established under paragraph (3)(A); and recommendations for
improving the program, including recommendations concerning
the continuing need for Federal support. In carrying out its
assessments, the National Academy of Public Administration
shall review the reports submitted to the Secretary under
clause (i).
``(iii) Report to congress.--Upon completion of each
independent assessment carried out under clause (ii), the
Secretary shall transmit the assessment to Congress along
with a summary of the Secretary's plans, if any, to implement
the recommendations of the National Academy of Public
Administration.
``(H) Definitions.--In this subsection:
``(i) Digital and wireless networking technology.--The term
`digital and wireless networking technology' means computer
and communications equipment and software that facilitates
the transmission of information in a digital format.
``(ii) Eligible institution.--The term `eligible
institution' means an institution that is--
``(I) a historically Black college or university that is a
part B institution, as defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)), an
institution described in section 326(e)(1)(A), (B), or (C) of
that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a
consortium of institutions described in this subparagraph;
``(II) a Hispanic-serving institution, as defined in
section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5));
``(III) a tribally controlled college or university, as
defined in section 316(b)(3) of the Higher Education Act of
1965 (20 U.S.C. 1059c(b)(3));
``(IV) an Alaska Native-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b));
``(V) a Native Hawaiian-serving institution under section
317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(VI) an institution of higher education (as defined in
section 365 of the Higher Education Act of 1965 (20 U.S.C.
1067k)) with an enrollment of needy students (as defined in
section 312(d) of the Higher Education Act of 1965 (20 U.S.C.
1058(d))).
``(iii) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(iv) Local educational agency.--The term `local
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term `minority business'
includes HUBZone small business concerns (as defined in
section 3(p) of the Small Business Act (15 U.S.C. 632(p))).
``(vi) Minority individual.--The term `minority individual'
means an American Indian, Alaskan Native, Black (not of
Hispanic origin), Hispanic (including persons of Mexican,
Puerto Rican, Cuban and Central or South American origin), or
Pacific Islander individual.
``(vii) State.--The term `State' has the meaning given the
term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(viii) State educational agency.--The term `State
educational agency' has the meaning given the term in section
9101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.
SEC. 962. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce to carry out section 5(c) of the Stevenson-Wydler
Technology Innovation Act of 1980--
(1) $250,000,000 for fiscal year 2008; and
(2) such sums as may be necessary for each of the fiscal
years 2009 through 2012.
TITLE X--PRIVATE STUDENT LOAN TRANSPARENCY AND IMPROVEMENT
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Private Student Loan
Transparency and Improvement Act of 2007''.
SEC. 1002. DEFINITIONS.
As used in this title--
(1) the term ``Board'' means the Board of Governors of the
Federal Reserve System;
(2) the term ``covered educational institution''--
(A) means any educational institution that offers a
postsecondary educational degree, certificate, or program of
study (including any institution of higher education); and
(B) includes an agent or employee of the educational
institution;
(3) the terms ``Federal banking agencies'' and
``appropriate Federal banking agency'' have the same meanings
as in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813);
(4) the term ``institution of higher education'' has the
same meaning as in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002);
(5) the term ``postsecondary educational expenses'' means
any of the expenses that are included as part of the cost of
attendance of a student, as defined under section 472 of the
Higher Education Act of 1965 (20 U.S.C. 1087ll);
(6) the term ``private educational lender'' means any
creditor (as defined in section 103 of the Truth in Lending
Act) which solicits, makes, or extends private educational
loans; and
(7) the term ``private educational loan''--
(A) means a loan provided by a private educational lender
that--
(i) is not made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.); and
(ii) is issued by a private educational lender expressly
for postsecondary educational expenses to a student, or the
parent of the student, regardless of whether the loan
involves enrollment certification by the educational
institution that the student attends, or whether the loan is
provided through the educational institution that the subject
student attends or directly to the borrower from the lender;
and
(B) does not include an extension of credit under an open
end consumer credit plan, a residential mortgage transaction
(as those terms are defined in section 103 of the Truth in
Lending Act), or any other loan that is secured by real
property or a dwelling.
[[Page 1708]]
SEC. 1003. REGULATIONS.
The Board shall issue final regulations to implement this
title and the amendments made by this title not later than
180 days after the date of enactment of this title.
SEC. 1004. EFFECTIVE DATES.
This title and the amendments made by this title shall
become effective 180 days after the date on which regulations
to carry out this title and the amendments made by this title
are issued in final form.
Subtitle A--Preventing Unfair and Deceptive Private Educational Lending
Practices and Eliminating Conflicts of Interest
SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT.
(a) In General.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended by adding at the end the
following new section:
``Sec. 140. Preventing unfair and deceptive private
educational lending practices and eliminating conflicts of
interest
``(a) Definitions.--For purposes of this section, the
following definitions shall apply:
``(1) Covered educational institution.--The term `covered
educational institution'--
``(A) means any educational institution that offers a
postsecondary educational degree, certificate, or program of
study (including any institution of higher education); and
``(B) includes an agent or employee of the educational
institution.
``(2) Gift.--The term `gift'--
``(A) means any gratuity, favor, discount, entertainment,
hospitality, loan, or other item having a monetary value of
more than a de minimis amount, including a gift of services,
transportation, lodging, or meals, whether provided in kind,
by purchase of a ticket, payment in advance, or reimbursement
after the expense has been incurred;
``(B) does not include--
``(i) standard informational material related to a loan or
financial literacy (such as a brochure);
``(ii) food, refreshments, training, or informational
material furnished to an employee or agent of a covered
educational institution, as an integral part of a training
session that is designed to improve the service of the
private educational lender to the covered educational
institution, if such training contributes to the professional
development of the employee or agent of the covered
educational institution; or
``(iii) favorable terms, conditions, and borrower benefits
on an educational loan provided to a student employed by the
covered educational institution if such terms, conditions, or
benefits are comparable to those provided to all students of
the institution; and
``(C) includes a gift to a family member of an officer,
employee, or agent of a covered institution, or a gift to any
other individual based on that individual's relationship with
the officer, employee, or agent, if--
``(i) the gift is given with the knowledge and acquiescence
of the officer, employee, or agent; and
``(ii) the officer, employee, or agent has reason to
believe the gift was given because of the official position
of the officer, employee, or agent.
``(3) Institution of higher education.--the term
`institution of higher education' has the same meaning as in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(4) Postsecondary educational expense.--The term
`postsecondary educational expenses' means any of the
expenses that are included as part of the cost of attendance
of a student, as defined under section 472 of the Higher
Education Act of 1965 (20 U.S.C. 1087ll).
``(5) Private educational lender.--The term `private
educational lender' means a creditor which solicits, makes,
or extends private educational loans.
``(6) Private educational loan.--The term `private
educational loan'--
``(A) means a loan provided by a private educational lender
that--
``(i) is not made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.); and
``(ii) is issued by a private educational lender expressly
for postsecondary educational expenses to a student, or the
parent of the student, regardless of whether the loan
involves enrollment certification by the educational
institution that the student attends, or whether the loan is
provided through the educational institution that the subject
student attends or directly to the borrower from the lender;
and
``(B) does not include an extension of credit under an open
end consumer credit plan, a residential mortgage transaction,
or any other loan that is secured by real property or a
dwelling.
``(7) Revenue sharing.--the term `revenue sharing' means an
arrangement between a covered educational institution and a
private educational lender under which--
``(A) a private educational lender provides or issues
private educational loans to students attending the covered
educational institution or to the parents of such students;
``(B) the covered educational institution recommends to
students or others the private educational lender or the
private educational loans of the private educational lender;
and
``(C) the private educational lender pays a fee or provides
other material benefits, including profit or revenue sharing,
to the covered educational institution or to the officers,
employees, or agents of the covered educational institution
in connection with the private educational loans provided to
students attending the covered educational institution or a
borrower acting on behalf of a student.
``(b) Prohibition on Certain Gifts and Arrangements.--A
private educational lender, including any officer or employee
thereof, may not, directly or indirectly--
``(1) offer or provide any gift to a covered educational
institution or a covered educational institution employee,
nor may such covered educational institution, officer, or
employee receive any such gift, in exchange for any advantage
or consideration provided to such private educational lender
related to its private educational loan activities; or
``(2) engage in revenue sharing with a covered educational
institution.
``(c) Prohibition on Co-Branding.--A private educational
lender may not use the name, emblem, mascot, or logo of the
covered educational institution, or other words, pictures, or
symbols readily identified with the covered educational
institution, in the marketing of private educational loans in
any way that implies that the covered educational institution
endorses the private educational loans offered by the lender.
``(d) Ban on Participation on Advisory Councils.--
``(1) In general.--An officer, employee, or agent who is
employed in the financial aid office of a covered
institution, or who otherwise has responsibilities with
respect to private educational loans, shall not serve on or
otherwise participate with advisory councils of private
educational lenders or affiliates of such lenders.
``(2) Rules of construction.--No provision of this
subsection shall be construed as--
``(A) prohibiting private educational lenders from seeking
advice from covered institutions or groups of covered
institutions (including through telephonic or electronic
means, or a meeting) in order to improve products and
services for borrowers, to the extent that no gifts or
compensation (including for transportation, lodging, or
related expenses) are provided by private educational lenders
in connection with seeking this advice from such
institutions; or
``(B) prohibiting an employee, officer, or agent of a
covered institution from serving on the board of directors of
a private educational lender, if required by State law.
``(e) Prohibition on Prepayment or Repayment Fees or
Penalty.--It shall be unlawful for any private educational
lender to impose a fee or penalty on a borrower, directly or
indirectly, for early repayment or prepayment, of any private
educational loan.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after
the item relating to section 139 the following new item:
``140. Preventing unfair and deceptive private educational lending
practices and eliminating conflicts of interest.''.
SEC. 1012. CIVIL LIABILITY.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is
amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``or section 128(e)(8)''
after ``section 125''; and
(B) in the fourth sentence of the undesignated matter at
the end--
(i) by striking ``125 or'' and inserting ``125,''; and
(ii) by inserting ``or of section 128(e),'' before ``or for
failing''; and
(2) in subsection (e), by inserting before the first
period, the following: ``or, in the case of a violation
involving a private educational loan, 1 year from the date on
which the first regular payment of principal is due under the
loan''.
Subtitle B--Improved Disclosures for Private Educational Loans
SEC. 1021. PRIVATE EDUCATIONAL LOAN DISCLOSURES AND
LIMITATIONS.
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is
amended by adding at the end the following new subsection:
``(e) Terms and Disclosure With Respect to Private
Educational Loans.--
``(1) Disclosures required in private educational loan
applications and solicitations.--In any application for a
private educational loan, or a solicitation for a private
educational loan without requiring an application, the
creditor shall disclose to the borrower, clearly and
conspicuously--
``(A) the potential range of rates of interest applicable
to the private educational loan;
``(B) whether the rate of interest applicable to the
private educational loan is fixed or variable;
``(C) limitations on interest rate adjustments, both in
terms of frequency and amount, or the lack thereof;
``(D) requirements for a co-borrower, including any changes
in the applicable interest rates without a co-borrower;
``(E) potential finance charges, late fees, penalties, and
adjustments to principal, based on defaults or late payments
of the borrower;
``(F) fees or range of fees applicable to the private
educational loan;
``(G) the term of the private educational loan;
``(H) whether interest will accrue while the student to
whom the private educational loan relates is enrolled at an
institution of higher education;
``(I) payment deferral options, including whether the
deferment would apply to interest or principal, or both;
``(J) general eligibility criteria for the private
educational loan;
``(K) an example of the total cost of the private
educational loan over the life of the loan--
``(i) which shall be calculated using the principal amount
and the maximum rate of interest actually offered by the
creditor; and
[[Page 1709]]
``(ii) calculated both with and without capitalization of
interest, if that is an option for postponing interest
payments;
``(L) a statement that an institution of higher education
may have school-specific educational loan benefits and terms
not detailed on the disclosure form;
``(M) that the borrower may qualify for Federal financial
assistance through a program under title IV of the Higher
Education Act of 1965, in lieu of, or in addition to, a loan
from a non-Federal source;
``(N) the interest rates available with respect to such
Federal financial assistance through a program under title IV
of the Higher Education Act of 1965;
``(O) that the consumer may obtain additional information
concerning such Federal financial assistance from their
institution of higher education or at the website of the
Department of Education;
``(P) that, as provided in paragraph (6)--
``(i) the borrower shall have up to 30 calendar days
following the date on which the application for the private
educational loan is approved and the borrower receives the
disclosure documents required under this subsection for the
loan to accept the terms of the private educational loan and
consummate the transaction; and
``(ii) except for changes based on adjustments to the index
used for a loan, the rates and terms of the loan may not be
changed by the creditor during that 30-day period; and
``(Q) such other information as the Board shall prescribe,
by rule, as necessary or appropriate for consumers to make
informed borrowing decisions.
``(2) Written acknowledgment of receipt.--In each case in
which a disclosure is provided pursuant to paragraph (1) and
an application initiated, a creditor shall obtain a written
acknowledgment from the consumer that the consumer has read
and understood the disclosure.
``(3) Disclosures at the time of private educational loan
approval.--Subject to the rules of the Board,
contemporaneously with the approval of a private educational
loan application, and before the loan transaction is
consummated, the creditor shall disclose to the borrower,
clearly and conspicuously--
``(A) the applicable rate of interest in effect on the date
of approval;
``(B) whether the rate of interest applicable to the
private educational loan is fixed or variable;
``(C) limitations on interest rate adjustments, both in
terms of frequency and amount, or the lack thereof;
``(D) the initial approved principal amount;
``(E) applicable finance charges, late fees, penalties, and
adjustments to principal, based upon borrower defaults or
late payments;
``(F) the maximum term under the private educational loan
program;
``(G) an estimate of the total amount for repayment, at
both the interest rate in effect on the date of approval and
at the maximum possible rate of interest actually offered by
the creditor, to the extent that such maximum rate may be
determined, or if not, a good faith estimate thereof;
``(H) any principal and interest payments required while
the student to whom the private educational loan relates is
enrolled at an institution of higher education and interest
which will accrue during such enrollment;
``(I) payment deferral options, including whether the
deferment would apply to interest or principal, or both;
``(J) whether monthly payments are graduated;
``(K) that, as provided in paragraph (7)--
``(i) the borrower shall have up to 30 calendar days
following the date on which the application for the private
educational loan is approved and the borrower receives the
disclosure documents required under this subsection for the
loan to accept the terms of the private educational loan and
consummate the transaction; and
``(ii) except for changes based on adjustments to the index
used for a loan, the rates and terms of the loan may not be
changed by the creditor during that 30-day period;
``(L) that the borrower may qualify for Federal financial
assistance through a program under title IV of the Higher
Education Act of 1965, in lieu of, or in addition to, a loan
from a non-Federal source;
``(M) the interest rates available with respect to such
Federal financial assistance through a program under title IV
of the Higher Education Act of 1965;
``(N) the maximum monthly payment, calculated using the
maximum rate of interest actually offered by the creditor, to
the extent that such maximum rate may be determined, or if
not, a good faith estimate thereof; and
``(O) such other information as the Board shall prescribe,
by rule, as necessary or appropriate for consumers to make
informed borrowing decisions.
``(4) Provision of information.--Before a creditor may
issue any funds with respect to an extension of credit
described in paragraph (1) for an amount equal to more than
$1,000, the creditor shall notify the relevant institution of
higher education, in writing, of the proposed extension of
credit and the amount thereof.
``(5) Disclosures at the time of private educational loan
consummation.--Subject to the regulations prescribed by the
Board, contemporaneously with the consummation of a private
educational loan, the creditor shall make each of the
disclosures described in subparagraphs (A) through (J) and
(L) through (O) of paragraph (3) to the borrower.
``(6) Format of disclosures.--Disclosures required under
paragraphs (1), (3), and (5) shall appear in a clearly
legible, uniform format, subject to section 122(c).
``(7) Effective period of approved rate of interest and
loan terms.--
``(A) In general.--With respect to a private educational
loan, the borrower shall have the right to accept the terms
of the loan and consummate the transaction at any time within
30 calendar days following the date on which the application
for the private educational loan is approved and the borrower
receives the disclosure documents required under this
subsection for the loan, and the rates and terms of the loan
may not be changed by the creditor during that period,
subject to the rules of the Board.
``(B) Prohibition on changes.--Except for changes based on
adjustments to the index used for a loan, the rates and terms
of the loan may not be changed by the creditor prior to the
earlier of--
``(i) the date of acceptance of the terms of the loan and
consummation of the transaction by the borrower, as described
in subparagraph (A); or
``(ii) the expiration of the 30-day period referred to in
subparagraph (A).
``(C) Prohibition on disbursement.--No funds may be
disbursed with respect to a private educational loan until
acceptance of the loan by the borrower under subparagraph (A)
and the expiration of the 3-day period under paragraph (7).
``(8) Right to cancel.--With respect to a private
educational loan, the borrower may cancel the loan, without
penalty to the borrower, at any time within 3 business days
of the date on which the loan is consummated, subject to the
rules of the Board. No funds may be transferred to the
borrower during that 3-day period.
``(9) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Institution of higher education.--The term
`institution of higher education' has the same meaning as in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
``(B) Private educational lender.--The term `private
educational lender' means any creditor engaged in the
business of soliciting, making, or extending private
educational loans.
``(C) Private educational loan.--The term `private
educational loan'--
``(i) means a loan provided by a private educational lender
that--
``(I) is not made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq.); and
``(II) is issued by a private educational lender expressly
for postsecondary educational expenses to a student, or the
parent of the student, regardless of whether the loan
involves enrollment certification by the educational
institution that the student attends, or whether the loan is
provided through the educational institution that the subject
student attends or directly to the borrower from the lender;
and
``(ii) does not include an extension of credit under an
open end consumer credit plan, a reverse mortgage
transaction, a residential mortgage transaction, or any other
loan that is secured by real property or a dwelling.''.
SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE
EDUCATIONAL LOANS.
Section 104(3) of the Truth in Lending Act (15 U.S.C.
1603(3)) is amended by inserting ``and other than private
educational loans (as that term is defined in section
140(a))'' after ``consumer''.
Subtitle C--Financial Literacy
SEC. 1031. COORDINATED EDUCATION EFFORTS.
(a) In General.--The Secretary of the Treasury (in this
section referred to as the ``Secretary''), in coordination
with the Secretary of Education, the Secretary of Agriculture
(with respect to land grant covered educational
institutions), and any other appropriate agency that is a
member of the Financial Literacy and Education Commission
established under the Financial Literacy and Education
Improvement Act (20 U.S.C. 9701 et seq.), shall seek to
enhance financial literacy among students at institutions of
higher education through--
(1) the development of initiatives, programs, and curricula
that improve student awareness of the short- and long-term
costs associated with educational loans and other debt
assumed while in college, their repayment obligations, and
their rights as borrowers; and
(2) assisting such students in navigating the financial aid
process.
(b) Duties.--For purposes of this section, the Secretary,
working in conjunction with the Secretary of Education, the
Secretary of Agriculture, and the Financial Literacy and
Education Commission, shall--
(1) identify programs that promote or enhance financial
literacy for college students, with specific emphasis on
programs that impart the knowledge and ability for students
to best navigate the financial aid process, including those
that involve partnerships between nonprofit organizations,
colleges and universities, State and local governments, and
student organizations;
(2) evaluate the effectiveness of such programs in terms of
measured results, including positive behavioral change among
college students;
(3) promote the programs identified as being the most
effective; and
(4) encourage institutions of higher education to implement
financial education programs for their students, including
those that have the highest evaluations.
(c) Report.--
[[Page 1710]]
(1) In general.--Not later than 2 years after the date of
enactment of this title, the Financial Literacy and Education
Commission shall submit a report to Congress on the state of
financial education among students at institutions of higher
education.
(2) Content.--The report required by this subsection shall
include a description of progress made in enhancing financial
education with respect to student understanding of financial
aid, including the programs and evaluations required by this
section.
(3) Appearance before congress.--The Secretary shall, upon
request, provide testimony before the Committee on Banking,
Housing, and Urban Affairs of the Senate concerning the
report required by this subsection.
Subtitle D--Study and Report on Nonindividual Information
SEC. 1041. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION.
(a) Study.--The Comptroller General of the United States
(in this section referred to as the ``Comptroller'') conduct
a study--
(1) on the impact on and benefits to borrowers of the
inclusion of nonindividual factors, including cohort default
rate, accreditation, and graduation rate at institutions of
higher education, used in the underwriting criteria to
determine the pricing of private educational loans;
(2) to examine whether and to what extent the inclusion of
such nonindividual factors--
(A) increases access to private educational loans for
borrowers who lack credit history or results in less
favorable rates for such borrowers; and
(B) impacts the types of private educational loan products
and rates available at certain institutions of higher
education, including a comparison of such impact--
(i) on private and public institutions; and
(ii) on historically Black colleges and universities
(defined for purposes of this section as a ``part B
institution'', within the meaning of section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)) and other
colleges and universities; and
(3) to assess the extent to which the use of such
nonindividual factors in underwriting may have a disparate
impact on the pricing of private educational loans, based on
gender, race, income level, and institution of higher
education.
(b) Report.--Not later than 1 year after the date of
enactment of this title, the Comptroller shall submit a
report to Congress on the results of the study required by
this section.
Subtitle E--Incentives For Low-Cost Educational Loans
SEC. 1051. CRA CREDIT FOR LOW-COST EDUCATIONAL LOANS.
Section 804 of the Community Reinvestment Act of 1977 (12
U.S.C. 2903) is amended by adding at the end the following
new subsection:
``(d) Low-Cost Educational Loans.--In assessing and taking
into account, under subsection (a), the record of a financial
institution, the appropriate Federal financial supervisory
agency shall consider, as a factor, low-cost educational
loans provided by the financial institution to low-income
borrowers.''.
The CHAIRMAN. No amendment to the committee amendment is in order
except those printed in House Report 110-523 and amendments en bloc
described in section 3 of House Resolution 956. Each amendment shall be
considered only in the order printed in the report; by a Member
designated in the report; shall be considered read; shall be debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent of the amendment; shall not be subject to
amendment; and shall not be subject to a demand for division of the
question.
It shall be in order at any time for the chairman of the Committee on
Education and Labor or his designee to offer amendments en bloc
consisting of amendments printed in the report not earlier disposed of.
Amendments en bloc shall be considered read; shall be debatable for 10
minutes, equally divided and controlled by the chairman and ranking
minority member or their designees; shall not be subject to amendment;
and shall not be subject to a demand for division of the question.
The original proponent of an amendment included in amendments en bloc
shall insert may insert a statement in the Congressional Record
immediately before disposition of the amendments en bloc.
Amendment No. 1 Offered by Mr. George Miller of California
The CHAIRMAN. It is now in order to consider amendment No. 1 printed
in House Report 110-523.
Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. George Miller of California:
Page 12, after line 16, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(1) in subsection (a)(1), by inserting before the semicolon
the following: ``, or persons who meet the requirements of
section 484(d)(3)'';
Page 15, line 2, strike ``and eligible'' and insert ``or
eligible''.
Page 17, line 23, strike ``1988))'' and insert ``1988)); as
updated by the Secretary from time to time and published in
the Federal Register,''.
Page 18, after line 3, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(19) Disconnected students.--The term `disconnected
students' means students who are--
``(A) homeless children and youths, as such term is defined
in section 725 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a);
``(B) orphans, in foster care, or wards of the court, or
who were in foster care or were wards of the court until the
students reached the age of 16;
``(C) adjudicated or convicted juveniles, or who were
adjudicated juveniles until the juveniles reached the upper
age of juvenile court jurisdiction, or who were convicted
juveniles who completed the sentence for the juvenile
conviction prior to reaching the age of majority; or
``(D) pregnant or parenting youth.
Page 37, beginning on line 22, strike ``The Secretary'' and
insert ``Not later than 90 days after the Secretary receives
the information required under paragraph (2), the
Secretary''.
Page 39, beginning on line 7, strike subsection (a) and
insert the following:
``(a) Maintenance of Effort Required.--A State shall
provide--
``(1) for public institutions of higher education in such
State for any academic year beginning on or after July 1,
2008, an amount which is equal to or greater than the average
amount provided for non-capital and non-direct research and
development expenses or costs by such State to such
institutions of higher education during the 5 most recent
preceding academic years for which satisfactory data are
available; and
``(2) for private institutions of higher education in such
State for any academic year beginning on or after July 1,
2008, an amount which is equal to or greater than the average
amount provided for student financial aid for paying costs
associated with postsecondary education by such State to such
institutions during the 5 most recent preceding academic
years for which satisfactory data are available.
Page 39, line 23, after ``precipitous'' insert ``and
unforeseen''.
Page 41, beginning on line 1, strike section 109 through
page 54, line 24, and insert the following:
SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
(a) Amendment to Title I.--Part C of title I (20 U.S.C.
1015) is amended by adding after section 132 (as added by
section 108 of this Act) the following new section:
``SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.
``(a) College Affordability and Transparency Lists.--
Effective July 1, 2011, the Secretary shall annually update
and make publicly available on the College Navigator website,
in a manner that is sortable by State, the following lists:
``(1) A list of the top 5 percent of the institutions in
each category (as defined by subsection (b)) that have the
highest tuition and fees.
``(2) A list of the top 5 percent of the institutions in
each such category that have the lowest tuition and fees.
``(3) A list of the top 5 percent of the institutions in
each such category that have the largest increase, expressed
as a percentage change, in their tuition and fees over the
most recent three year period for which satisfactory data is
available.
``(b) Categories of Institutions.--The following categories
shall be used in compiling the information in subsection (a):
``(1) 4-year public institutions of higher education.
``(2) 4-year private, nonprofit institutions of higher
education.
``(3) 4-year private, for-profit institutions of higher
education.
``(4) 2-year public institutions of higher education.
``(5) 2-year private, nonprofit institutions of higher
education.
``(6) 2-year private, for-profit institutions of higher
education.
``(7) Less than 2-year public institutions of higher
education.
``(8) Less than 2-year private, nonprofit institutions of
higher education.
``(9) Less than 2-year private, for-profit institutions of
higher education.
``(10) All types of institutions described in paragraphs
(1) through (9).
``(c) Institution Reports.--If an institution of higher
education appears on the list described in subsection (a)(3),
the institution or a representative association designated by
the institution shall submit to the Secretary the following
information:
``(1) A description of the factors contributing to the
increase in the institution's tuition and fees, including an
identification of
[[Page 1711]]
the major areas in the institution's budget with the greatest
cost increases.
``(2) If determinations of tuition and fee increases are
not within the exclusive control of the institution, a
description of the agency or instrumentality of State
government or other entity that participates in such
determinations, and the authority exercised by such agency,
instrumentality, or entity.
``(d) Quality Efficiency Task Forces.--Each institution
that is required to submit information by subsection (c)
shall establish a quality-efficiency task force to--
``(1) review the operations of such institution;
``(2) analyze institutional operating costs in comparison
with such costs at other institutions within the same
category of institutions;
``(3) identify areas where, in comparison with other
institutions in such category, the institution operates more
expensively to produce a similar result;
``(4) conduct an in-depth analysis of such identified areas
for cost reduction opportunities; and
``(5) submit a report to the Secretary and the institution
on the results of the review and analysis conducted under
this subsection.
``(e) Information to the Public.--The Secretary shall
compile the information submitted under subsections (c) and
(d) and shall submit an annual report summarizing such
information to the authorizing committees and publish such
report on the College Navigator website.
``(f) Exemptions.--An institution shall not be placed on
the list required under subsection (a)(3) and shall not be
subject to the reporting in subsection (c) if, for the 3-year
interval described in subsection (a)(3) the institution meets
the following criteria:
``(1) With respect to the category of institutions
described in subsection (b) to which the institution belongs,
the computed price of the institution is in the lowest
quartile of institutions within such category, as determined
by the Secretary, during the last year of such 3-year
interval.
``(2) The dollar amount of the institution's increase in
its full price, as computed under subsection (a)(3), is less
than $500 for such 3-year interval.
``(g) State Higher Education Appropriations Chart.--The
Secretary shall annually report on the College Navigator
website, in charts for each State--
``(1) a comparison of--
``(A) the percentage change in State appropriations per
full-time equivalent student in each public institution of
higher education in the State for each of the 5 most recent
preceding academic years; to
``(B) the percentage change in tuition and fees for each
public institution of higher education in the State for each
of the 5 most recent preceding academic years; and
``(2) the total amount of need-based and merit-based aid
provided by the State to full-time equivalent students
attending an institution of higher education in the State.
``(h) Availability of Net Price Information.--
``(1) Net price.--In this section, the term `net price'
means the average yearly tuition and fees actually charged to
a full-time undergraduate student receiving student aid at an
institution of higher education, after deduction of any
discounts and Federal and State aid, and any other
institutional aid, that reduce the full price of tuition and
fees at the institution, as determined in accordance with
regulations prescribed by the Secretary.
``(2) Net price calculator.--
``(A) Development.--Not later than 1 year after the date of
enactment of the College Opportunity and Affordability Act of
2007, the Secretary shall, in consultation with institutions
of higher education, develop a net price calculator to help
students, families, and consumers determine the net price of
an institution of higher education. The calculator shall be
developed in a manner that permits students to determine an
estimate of their individual net price of attendance for an
institution.
``(B) Use of net price calculator by institutions.--Not
later than 3 years after the date of enactment of the College
Opportunity and Affordability Act of 2007, each institution
of higher education that receives Federal funds under this
Act shall adopt and make available for use on the
institution's website the net price calculator developed
under subparagraph (A) to help students, families, and other
consumers determine the net price of such institution of
higher education.
``(i) Postsecondary Education Price Indices.--Not later
than 1 year after the date of enactment of the College
Opportunity and Affordability Act of 2007, the Bureau of
Labor Statistics, in consultation with the Commissioner of
Education Statistics and representatives of institutions of
higher education, shall develop, for inclusion in the higher
education pricing summary page required under subsection
(j)(3), postsecondary education price indices that accurately
reflect the annual change in tuition and fees for
undergraduate students in the categories of institutions
described in subsection (b). Such indices shall be updated
annually. Prior to the completion of the postsecondary
education price indices, the Secretary is authorized to use
an alternative, comparable index or indices.
``(j) Consumer Cost Information.--
``(1) Information from institutions.--Not later than 1 year
after the date of enactment of the College Opportunity and
Affordability Act of 2007, the Secretary shall post on the
College Navigator website and make available to institutions
of higher education, students, families, and other consumers,
in a consumer-friendly manner, the following information
about each institution of higher education for the most
recent academic year for which the Secretary has available
data:
``(A) A statement of the institution's mission and
specialties.
``(B) Total number of undergraduate students who applied,
were admitted, and enrolled at the institution.
``(C) Where applicable, reading, writing, mathematics, and
combined scores on the SAT or ACT for the middle 50 percent
range of the institution's freshman class.
``(D) Enrollment of full-time, part-time, and transfer
students at the institution, at the undergraduate and (where
applicable) graduate levels.
``(E) Percentage of male and female undergraduate students
enrolled at the institution.
``(F) Percentage of enrolled undergraduate students from
the State in which the institution is located, from other
States, and from other countries.
``(G) Percentage of enrolled undergraduate students at the
institution by race and ethnic background.
``(H) Percentage of enrolled undergraduate students at the
institution registered with the office of disability services
(or equivalent department) as students with disabilities.
``(I) Retention rates for full-time and part-time first-
time, first-year undergraduate students enrolled at the
institution.
``(J) Average time to degree or certificate completion for
first-time, first-year undergraduate students enrolled at the
institution.
``(K) Percentage of enrolled undergraduate students who
graduate within 2 years (in the case of 2-year institutions),
and 4, 5, and 6 years (in the case of 2-year and 4-year
institutions), including by income category, as defined in
paragraph (4).
``(L) Number of students who obtained a certificate or an
associates, bachelors, masters, or doctoral degree at the
institution.
``(M) Undergraduate major areas of study with the highest
number of degrees awarded.
``(N) The student-faculty ratio, and number of full-time,
part-time, and adjunct faculty, and graduate teaching and
research assistants with instructional responsibilities, at
the institution.
``(O) Percentage of faculty at the institution with the
highest degree in their field.
``(P) Percentage change in total price in tuition and fees
and the net price for an undergraduate at the institution in
each of the 3 most recent preceding academic years.
``(Q) Total average annual cost of tuition and fees, room
and board, and books and other related costs for an
undergraduate student enrolled at the institution, for--
``(i) full-time undergraduate students living on campus;
``(ii) full-time undergraduate students living off campus;
and
``(iii) in the case of students attending a public
institution of higher education, such costs for in-State and
out-of-State students living on and off campus.
``(R) Average annual grant amount (including Federal,
State, and institutional aid) broken down by income category
as defined in paragraph (4) for a student enrolled at the
institution.
``(S) Average annual amount of Federal student loans, and
other loans provided through the institution, to
undergraduate students enrolled at the institution.
``(T) Total annual grant aid available to undergraduate
students enrolled at the institution, from the Federal
Government, a State, the institution, and other sources.
``(U) Percentage of undergraduate students enrolled at the
institution receiving Federal, State, and institutional
grants, student loans, and any other type of student
financial assistance provided publicly or through the
institution, such as Federal work-study funds.
``(V) Number of students receiving Federal Pell Grants at
the institution.
``(W) Average net price of the institution calculated for
each income category, as defined in paragraph (4), for each
of the 3 most recent preceding academic years.
``(X) Percentage of first-year undergraduate students
enrolled at the institution who live on campus and off
campus.
``(Y) The institution's cohort default rate, as defined
under section 435(m).
``(Z) Information on the policies of the institution
related to transfer of credit from other institutions.
``(AA) Information on campus safety required to be
collected under section 485(f).
``(BB) Links to the appropriate sections of the
institution's website that provide information on student
activities offered by the institution, such as
intercollegiate sports, student organizations, study abroad
opportunities, intramural and club sports, specialized
housing options, community service opportunities, cultural
and arts opportunities
[[Page 1712]]
on campus, religious and spiritual life on campus, and
lectures and outside learning opportunities.
``(CC) Links to the appropriate sections of the
institution's website that provide information on services
offered by the institution to students during and after
college, such as internship opportunities, career and
placement services, and preparation for further education.
``(2) Data collection.--The Commissioner of Education
Statistics shall continue to redesign the relevant parts of
the Integrated Postsecondary Education Data System to include
additional data as required by this subsection and to
continue to improve the usefulness and timeliness of data
collected by such System in order to inform consumers about
institutions of higher education.
``(3) Higher education pricing summary page.--The Secretary
shall make publicly available on an annual basis, in a
sortable and searchable electronic format on the College
Navigator website, a list of all institutions of higher
education participating in aid programs under title IV of
this Act that includes for each such institution:
``(A) The undergraduate tuition and fees for the upcoming
academic year.
``(B) The average annual net price by income category, as
defined in paragraph (4), over the 3 most recent preceding
academic years.
``(C) The average annual percentage change and dollar
change in such institution's tuition and fees over the 3 most
recent preceding academic years.
``(D) The average annual percentage change and dollar
change in such institution's per student instructional
spending over the 3 most recent preceding academic years.
``(E) The difference between the average annual percentage
change in such institution's tuition and fees over the 3 most
recent preceding academic years and the postsecondary
education price indices, as defined in subsection (i).
``(F) A link to the institution information on the College
Navigator website, as detailed in paragraph (1).
``(4) Income categories.--
``(A) In general.--For purposes of reporting the
information required under this subsection and compiling
information for the net price calculator, the following
income categories shall apply:
``(i) $0-35,000;
``(ii) $35,001-70,000;
``(iii) $70,001-105,000;
``(iv) $105,001-140,000; and
``(v) $140,000 and up.
``(B) Annual adjustment.--The Secretary shall make
available to all institutions of higher education
participating in an aid program under title IV of this Act,
on an annual basis, the annual inflation adjustment for the
income categories set forth in subparagraph (A).
``(C) Impracticable reporting exemption.--An institution
that is required by this subsection to report any information
pertaining to institutional aid by income category is not
required to report such information to the extent that
reporting such information by income category is impractical
or impossible because information concerning income is not
collected from the recipients of such institutional aid.
``(k) Student Aid Recipient Survey.--
``(1) Survey required.--The Secretary shall conduct a
survey of student aid recipients under title IV on a regular
cycle and State-by-State basis, but not less than once every
4 years--
``(A) to identify the population of students receiving
Federal student aid;
``(B) to describe the income distribution and other
socioeconomic characteristics of federally aided students;
``(C) to describe the combinations of aid from State,
Federal, and private sources received by students from all
income groups;
``(D) to describe the debt burden of educational loan
recipients and their capacity to repay their education debts,
and the impact of such debt burden on career choices;
``(E) to describe the role played by the price of
postsecondary education in the determination by students of
what institution to attend; and
``(F) to describe how the increased costs of textbooks and
other instructional materials affects the costs of
postsecondary education to students.
``(2) Survey design.--The survey shall be representative of
full-time and part-time, undergraduate, graduate,
professional, and current and former students in all types of
institutions, and designed and administered in consultation
with the Congress and the postsecondary education community.
``(3) Dissemination.--The Commissioner of Education
Statistics shall disseminate the information resulting from
the survey in both printed and electronic form.
``(l) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.''.
(b) Sense of Congress Regarding Consumer Information About
Institutions of Higher Education.--
(1) Findings.--Congress finds that--
(A) the diversity of the American higher education systems
allows each student to find the right ``fit'' for his or her
interests and talents;
(B) while the variety of options available is one of the
great strengths of our system of higher education, it can
also be overwhelming when students and their families begin a
college search;
(C) there is a massive amount of information available
about institutions of higher education, but it is often
difficult to navigate or is scattered among several sources;
(D) the data collected and available is comprehensive;
however, there is a need to keep consumer needs in mind in
packaging the information that already exists and presenting
the information in a simple, consumer-friendly format;
(E) in particular, prospective students and their families
want a succinct overview of common key information about
institutions, with easy access to more in-depth institution-
specific information about campus life and the complete
college experience; and
(F) a variety of efforts have been initiated by colleges
and universities and others to provide web-based, consumer-
friendly information geared to prospective students and their
families.
(2) Sense of congress.--It is the sense of Congress that
institutions of higher education should participate in
efforts to provide concise, easily accessible, on-line
consumer information to prospective students and families
that is consistent across institutions while permitting
opportunities for more in-depth exploration of specific
institutions.
Page 59, line 1, after ``writing'' insert ``(which may
include electronic communications)''.
Page 59, line 9, after ``textbook'' insert ``in the
preceding 10 years''.
Page 74, line 18, strike ``August 1 of each year'' and
insert ``March 1 of each year, or such other date determined
by the Secretary,''.
Page 80, beginning on line 10, strike clause (i) and insert
the following:
``(i) Standard material, activities, or programs on issues
related to a loan, default aversion, default prevention, or
financial literacy, such as a brochure, a workshop, or
training.
Page 81, line 4, strike ``Exit'' and insert ``Entrance and
exit''.
Page 81, line 6, strike ``exit'' and insert ``entrance and
exit''.
Page 81, after line 21, insert the following:
``(vi) State education grants, scholarships, or financial
aid funds administered by or on behalf of a State.
Page 88, line 11, strike ``$25,000'' and insert
``$27,500''.
Page 88, line 13, after ``Secretary may'' insert ``impose a
civil penalty in an amount of not more than $27,500, or''.
Page 97, line 21, insert before the semicolon the
following: ``, and includes Migrant and Seasonal Head Start
and American Indian/Alaska Native Head Start''.
Page 97, line 24, after ``program'' insert ``(including a
program authorized under section 619 or part C of the
Individuals with Disabilities Education Act)''.
Page 110, line 25, strike ``or''; on page 111, line 14,
strike the period and insert ``; or' ''; and after line 14
insert the following new subparagraph:
``(C) whose participants include current teachers who seek
ongoing professional development in the subject matter
knowledge in which the teacher is assigned to teach; and
``(D) that requires the faculty of arts and sciences of the
partner institution to lead collaborative seminars for such
participants for the purpose of--
``(i) improving student learning;
``(ii) enhancing the quality of teaching and strengthening
subject matter mastery and the pedagogical skills of current
teachers through continuing professional development; and
``(iii) developing curriculum units, based on the subject
matter presented, for use in the teachers' classrooms.
Page 120, line 10, after ``techniques'' insert ``and
strategies, consistent with the principles of universal
design for learning,''.
Page 120, line 16, after ``teaching skills'' insert ``,
including the ability to effectively teach higher-order
analytical, evaluative, problem-solving, and communications
skills,''.
Page 122, line 9, strike ``and''; on line 11, after the
semicolon insert ``and''; and after line 11, insert the
following:
``(cc) effectively teach high-order analytical, evaluative,
problem solving and communications skills appropriate for the
teacher's content or specialty area;
Page 125, beginning on line 24, strike ``incentive, or
merit or performance-based pay.'' and insert ``or incentive
pay, based on their extra skills and responsibilities.''.
Page 127, line 10, after ``school'' insert ``teachers or''.
Page 127, line 12, after ``instruction for'' insert
``elementary or secondary school teachers or''.
Page 128, beginning on line 24, strike ``Modifying'' and
all that follows through page 129, line 2, and insert ``Where
feasible, attempt to place''.
Page 131, line 11, after ``based on'' insert ``, but is not
required to include all of, the''.
Page 131, line 12, strike ``teaching as'' and insert
``teaching, which may include''.
[[Page 1713]]
Page 134, strike lines 22 and 23 and insert the following:
``(C) Stipends; applications; agreements; repayments.--
Page 135, line 3, after the period insert ``The stipend or
salary shall be provided for no longer than 1 year.''.
Page 135, strike line 4 and all that follows through line
20 and insert the following:
``(ii) Applications for stipends.--Each teacher residency
candidate desiring a stipend or salary during the period of
residency shall submit an application to the eligible
partnership at such time, and containing such information and
assurances, as the eligible partnership may require.
``(iii) Agreements to serve.--Each application submitted
under clause (ii) shall contain or be accompanied by an
agreement that the applicant will--
``(I) serve as a full-time teacher for a total of not less
than 3 academic years after successfully completing the
teaching residency program;
``(II) teach in a high-need school served by the high-need
local educational agency in the eligible partnership;
``(III) teach in a field designated as high-need by the
eligible partnership;
``(IV) provide to the eligible partnership a certificate,
from the chief administrative officer of the school at which
the resident is employed, of the employment required in
subclauses (I), (II), and (III), at the beginning of, and
upon completion of, each year or partial year of service;
``(V) be a highly qualified teacher, as defined in section
9101 of the Elementary and Secondary Education Act of 1965,
when the applicant begins to fulfill the service obligation
under this clause; and
``(VI) comply with the requirements set by the eligible
partnership under clause (iv) if the applicant is unable or
unwilling to complete the service obligation required by this
clause.
``(iv) Repayments.--
``(I) In general.--An eligible partnership carrying out a
teaching residency program under this subsection shall
require a recipient of a stipend or salary under this
subparagraph who does not complete the service obligation
required by clause (iii) to repay the stipend or salary to
the eligible partnership, together with interest thereon
accruing from the date of the stipend or salary award, and in
accordance with such other terms and conditions specified by
the eligible partnership, as necessary.
``(II) Other terms and conditions.--Any other terms and
conditions specified by the eligible partnership may include
reasonable provisions for deferral of a teaching resident's
service obligation required by clause (iii) on grounds of
health, incapacitation, inability to secure employment in a
school served by the eligible partnership, or other
extraordinary circumstances.
``(III) Use of repayments.--An eligible partnership shall
use any repayment received under this clause to carry out
additional activities that are consistent with the purposes
of this subsection.
Page 136, line 8, strike ``rural school districts'' and
insert ``rural local educational agencies (as such term is
defined in section 872 of this Act)''.
Page 138, line 15, strike ``designated by the Secretary''.
Page 144, line 25, after ``instruction'' insert ``,
including technology consistent with the principles of
universal design for learning,''.
Page 157, beginning on line 2, strike ``As a condition of
receiving assistance under title IV, each'' and insert
``Each''.
Page 157, line 12, strike ``Secretary'' and insert ``State
educational agency''.
Page 157, beginning on line 19, strike ``As a condition''
and all that follows through ``title IV, each'' on line 20,
and insert ``Each''.
Page 158, line 11, before the period insert ``, as
applicable''.
Page 164, line 17, and page 165, line 3, strike ``develop
skills to enter'' and insert ``develop learning skills to
succeed in higher education and to enter''.
Page 165, line 2, after ``environments'' insert ``,
including environments consistent with the principles of
universal design for learning,''.
Page 165, line 19, insert ``or masters'' before
``degrees''.
Page 167, line 10, strike ``technology development'' and
insert ``development in the use of technology''.
Page 171, after line 5, insert the following new paragraph
(and redesignate the succeeding paragraph accordingly):
``(6) A description of how the project--
``(A) will incorporate State teacher technology standards;
and
``(B) will incorporate State student technology standards.
Page 174, line 20, strike ``and''; page 175, line 2, strike
the period and insert a semicolon; and after line 2, insert
the following new paragraphs:
``(6) may be used to develop and apply virtual classroom
simulation and related technologies to enhance recruitment,
preparation, and retention for high-need schools in the areas
of mathematics, science, foreign languages, special
education, or teaching the English language to students who
are limited English proficient; and
``(7) may be used to develop innovative teacher preparation
programs that emphasize the essential components of reading
instruction and other strategies based on scientifically
valid research and that address early intervention strategies
for students with reading difficulty or language processing
differences.
Page 177, line 10, strike ``and''; line 13, strike the
period and insert a semicolon; and after line 13, insert the
following new paragraphs:
``(12) develop associate's degree programs with an emphasis
on the essential components of reading instruction to train
educators such as pre-service teachers, paraprofessionals,
speech-language pathology assistants, and tutors to teach
students with reading difficulties and students who learn to
read differently than their peers; and
``(13) develop licensure programs for early childhood
educators that emphasize the essential components of reading
instruction and other strategies based on scientifically
valid research, and that address strategies for early
screening and early intervention for students with reading
difficulty and who learn to read differently than their
peers.''.
Page 179, beginning on line 24, strike ``has the meaning''
and all that follows through line 25, and insert ``means a
publicly funded institution of higher education (as defined
in section 101) at which the highest degree awarded is
predominantly the associates degree.''.
Page 183, line 13, after ``teachers to'' insert ``serve in
low-performing schools and''.
Page 188, line 15, strike ``Achievement'' and insert
``Student learning''; and on lines 17 and 19, strike
``achievement'' and insert ``student learning''.
Page 189, line 3, insert after the period the following:
``Further, the peer review standards shall ensure that
reviewers have expertise in assessment systems,
accountability, and instruction.''.
Page 190, line 10, after ``childhood'' insert ``development
and''.
Page 190, strike lines 11 and 12, and redesignate the
succeeding subparagraphs accordingly.
Page 190, beginning on line 15, strike ``through age 5''
and insert ``to school entry''.
Page 192, line 4, after ``supplemental initiative,'' insert
``the State Head Start collaboration director,''.
Page 222, line 2, strike ``by regulation''.
Page 234, beginning on line 5, strike section 308 and
insert the following:
SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING.
(a) Definitions.--Section 342 (20 U.S.C. 1066a) is
amended--
(1) in paragraph (5)(G), by inserting ``by an accrediting
agency or association recognized by the Secretary of
Education'' after ``agency or association'';
(2) in paragraph (8)--
(A) is amended by striking ``the private'' and inserting
``any private''; and
(B) by inserting adding ``capital project'' after ``issuing
taxable''; and
(3) by adding at the end the following new paragraphs:
``(10) The term `eligible foundation' means a non-profit
foundation owned and sponsored by an eligible institution, or
an entity wholly owned by such a foundation.
``(11) The term `borrower' means the eligible institution
or the eligible foundation that receives funding pursuant to
a loan.''.
(b) Federal Insurance for Bonds.--
(1) Responsibilities of designated bonding authority.--
Section 343(b) (20 U.S.C. 1066b(b)) is amended--
(A) in paragraph (1), by striking ``2 percent'' and
inserting ``1 percent'';
(B) in paragraph (3)(A), by inserting ``, not to exceed 1
percent,'' after ``charge such interest'';
(C) in paragraph (8)--
(i) by inserting ``for loans closed before June 15, 2008,''
before ``establish an escrow account'';
(ii) in subparagraph (B)(ii), by inserting ``within 90
days'' after ``loan proceeds'';
(D) by striking ``and'' at the end of paragraph (10);
(E) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(F) by adding at the end the following new paragraphs:
``(12) with respect to any such loan, provide that any loan
collateralization shall not exceed 100 percent of the loan
amount; and
``(13) for loans closed after, June 15, 2008, establish a
reserve account which shall be available to the Secretary to
pay principal and interest on the bonds in the event of
delinquency in loan repayment, which reserve account shall
consist of an origination fee of 1 percent with respect to
each loan.''.
(2) Forbearance; deferment.--Section 343 is further amended
by adding at the end the follow new subsections:
``(f) Forbearance.--An insurance agreement under this
subsection shall contain provisions providing that, upon
request from the borrower and with the approval of the
Secretary in consultation with the Advisory Board, the
designated bond authority shall grant a borrower forbearance,
renewable at 12-month intervals, on terms agreed to in
writing by the parties to the loan with the approval of the
Secretary, and otherwise consistent with the regulations of
the Secretary.
[[Page 1714]]
``(g) Deferment.--An insurance agreement under this
subsection shall contain provisions providing that, during
construction or renovation, the Designated Bond Authority
shall grant a borrower deferment, renewable at 12-month
intervals, on terms agreed to in writing by the parties to
the loan with the approval of the Secretary in consultation
with the Advisory Board, and otherwise consistent with the
regulations of the Secretary.''.
(c) Limitations on Federal Insurance for Bonds Issued by
the Designated Bonding Authority.--Section 344(a) (20 U.S.C.
1066c(a)) is amended--
(1) by striking ``$375,000,000'' and inserting
``$1,100,000,000'';
(2) by striking ``$250,000,000'' and inserting
``$733,333,333''; and
(3) by striking ``$125,000,000'' and inserting
``$366,666,666''.
(d) Authority of the Secretary.--Section 345(1) (20 U.S.C.
1066d(1)) is amended--
(1) by striking ``the Higher Education Amendments of
1992,'' and inserting ``the College Opportunity and
Affordability Act of 2007'';
(2) by striking ``and'' at the end of subparagraph (A); and
(3) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) specify up to 3 designated bonding authorities to be
authorized under this part; and
``(D) provide for periodic review of designated bonding
authority authorizations no less frequently than every 3
years;''.
(e) HBCU Capital Financing Advisory Board.--Section
347(b)(1) (20 U.S.C. 1066f(b)(1)) is amended--
(1) by striking out ``9 members'' and inserting ``11
members'';
(2) in subparagraph (C), by striking ``two'' and inserting
``three'';
(3) by adding at the end the following new subparagraph:
``(G) The president of the Thurgood Marshall Scholarship
Fund.''.
Page 238, beginning on line 8, strike ``this subpart'' and
all that follows through ``including'' on line 9 and insert
``this subpart. Such plan shall include, if the Secretary
determines that it is practical, an objective measure of the
impact of such projects, such as''.
Page 238, after line 19, insert the following new
subparagraph (and redesignate the succeeding subparagraphs
accordingly):
(B) in subparagraph (C), by inserting before the semicolon
the following: ``, the Department of Defense, or the National
Science Foundation'';
Page 248, beginning on line 12, strike subsection (d) and
insert the following:
(d) Technical Amendments to CCRAA.--Section 401(b)(9) is
amended--
(1) by amending subparagraph (D) to read as follows:
``(D) Program requirements and operations otherwise
unaffected.--Except as provided in subparagraphs (B) and (C),
nothing in this paragraph shall be construed to alter the
requirements and operations of the Federal Pell Grant Program
as authorized under this section, or authorize the imposition
of additional requirements or operations for the
determination and allocation of Federal Pell Grants under
this section.''; and
(2) by amending subparagraph (F) to read as follows:
``(F) Availability of funds.--The amounts made available by
subparagraph (A) for any fiscal year shall be available
beginning on October 1 of that fiscal year, and shall remain
available through September 30 of the succeeding fiscal
year.''.
Page 254, line 10, insert ``and'' after the semicolon and
strike lines 11 through 14 and insert the following:
(ii) by amending subparagraph (A) to read as follows:
``(A) to synchronize the awarding of grants for programs
under this chapter, the Secretary may, under such terms as
are consistent with the purposes of this chapter, provide a
one-time, limited extension of the length of such an
award;''; and
Page 255, beginning on line 1, strike subparagraph (A) and
insert the following:
(A) in paragraph (2)--
(i) by striking ``(2) prior experience.--In'' and inserting
the following:
``(2) Considerations.--(A) Prior experience.--In'';
(ii) by striking ``service delivery'' and inserting ``high
quality service delivery, as determined under subsection
(f),''; and
(iii) by adding at the end the following new subparagraph:
``(B) Participant need.--In making grants under this
chapter, the Secretary shall consider the number,
percentages, and needs of eligible participants in the area,
college, or school or schools to be served to aid such
participants in preparing for, enrolling in, or succeeding in
college, as appropriate to the particular program for which
the eligible entity is applying.'';
Page 255, line 12, after ``foster care youth'' insert
``(including youth in foster care and youth who have left
foster care after reaching age 16)''.
Page 261, beginning on line 20, strike paragraph (5) and
insert the following:
``(5) Appeals.--(A) Upon a determination by the Secretary
not to accept an application, or upon a determination by the
Secretary through the peer review process as specified in
subsection (c)(4) not to fund an application, for any program
under this chapter, the Secretary shall allow such applicant
to appeal the funding decision. An applicant may submit a
written request for reconsideration of the application, with
appropriate documentary evidence, to the Secretary.
``(B) For appeals regarding the awarding of points for
prior experience of high quality service delivery or a
decision not to read an application or any mishandling of
such application, a panel of three Department employees
appointed by the Secretary shall review each request for
reconsideration. The panel shall review the request for the
purpose of identifying any technical errors or administrative
problems with the scoring of the application, the awarding of
prior experience points, or the handling of the application,
including any decision not to read an application. The panel
shall make its recommendations to the Secretary in writing.
``(C) For appeals regarding scoring decisions by the peer
review panel, the Secretary shall refer the application to a
second peer review panel.
``(D) In each instance, after the Secretary or the
Secretary's designee considers the recommendations of the
panel and makes a final decision, the Secretary shall notify
each entity requesting reconsideration under this paragraph
regarding the status of their appeal within 90 days after the
date the applicant submitted the appeal.'';
Page 264, after line 20, insert the following new
subsection (and redesignate the succeeding subsections
accordingly):
(b) Talent Search.--Section 402B(b)(10) (20 U.S.C. 1070a-
12(b)(10)) is amended by inserting ``, groups of persons from
disadvantaged backgrounds that have particular lower
educational access or outcomes, or disconnected students''
after ``limited English proficiency''.
Page 264, line 25, strike ``and''; and on page 265, before
line 1, insert the following new paragraph (and redesignate
the succeeding paragraph accordingly):
(2) in subsection (b)(12), by inserting ``, groups of
persons from disadvantaged backgrounds that have particular
lower educational access or outcomes, or disconnected
students'' after ``limited English proficiency''; and
Page 265, beginning on line 2, strike subsection (f) and
insert the following:
``(f) Absolute Priority Prohibited in Upward Bound
Program.--Upon enactment of this subsection and except as
otherwise expressly provided by amendment to this section,
the Secretary shall not continue to implement or enforce the
absolute priority for Upward Bound Program published by the
Department of Education in the Federal Register on September
22, 2006 (71 Fed. Reg. 55447 et seq.). This subsection shall
not be applied retroactively. In implementing this
subsection, the Department shall allow the programs and
participants chosen in the grant cycle to which the priority
applies to continue their grants and participation without a
further recompetition. The entities shall not be required to
apply the absolute priority conditions or restrictions to
future participants.''.
Page 265, after line 9, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(d) Student Support Services.--Section 402D(b)(10) (20
U.S.C. 1070a-14(b)(10)) is amended by inserting ``, groups of
persons from disadvantaged backgrounds that have particular
lower educational access or outcomes, or disconnected
students'' after ``limited English proficiency''.
Page 265, after line 14, insert the following new
subsections (and redesignate the succeeding subsection
accordingly):
(f) Educational Opportunity Centers.--Section 402F(b)(10)
(20 U.S.C. 1070a-16(b)(10)) is amended by inserting ``,
groups of persons from disadvantaged backgrounds that have
particular lower educational access or outcomes, or
disconnected students'' after ``limited English
proficiency''.
(g) Staff Development Activities.--Section 402G(b) (20
U.S.C. 1070a-17(b)) is amended by adding at the end the
following new paragraph:
``(5) Strategies for recruiting and serving hard-to-reach
populations, including students of limited English
proficiency, groups of persons from disadvantaged backgrounds
that have particular lower educational access or outcomes,
disconnected students, and students with disabilities.''.
Page 272, beginning on line 8, strike clauses (iv) and (v)
and insert the following:
(iv) in paragraph (3), by inserting ``eligible'' before
``for assistance'', and by striking the period and inserting
``; or''; and
(v) by adding at the end the following new paragraph:
``(4) a disconnected student.''.
Page 276, strike lines 1 through 13 and insert the
following:
(f) Scholarship Component.--Section 404E(b)(2) (20 U.S.C.
1070a-25) is amended by striking ``the maximum Federal Pell
Grant'' and inserting ``the minimum Federal Pell Grant''.
Page 276, line 23, strike ``subpart 1'' and insert
``subpart 2''.
[[Page 1715]]
Page 283, beginning on line 16, strike ``and include'' and
all that follows through ``this title'' on line 21.
Page 289, beginning on line 11, strike ``(less any'' and
all that follows through ``by the student)'' on line 15.
Page 290, beginning on line 8, strike ``(less any'' and all
that follows through ``by the student)'' on line 11.
Page 290, beginning on line 22, strike ``(less any'' and
all that follows through ``by the student)'' on line 25.
Page 301, beginning on line 25, strike paragraph (6)
through page 302, line 6, and insert the following:
(6) by inserting after subsection (f) the following:
``(g) Reservation and Allocation of Funds.--From the
amounts made available under subsection (i), the Secretary--
``(1) may reserve not more than a total of \1/2\ of 1
percent for outreach activities, technical assistance, and
professional development programs relating to the programs
under subsection (a); and
``(2) shall, in awarding grants from the remainder of such
amounts--
``(A) make available not less than 45 percent of such
remainder for the high school equivalency programs and not
less than 45 percent of such remainder for the college
assistance migrant programs;
``(B) award the rest of such remainder for either high
school equivalency programs or college assistance migrant
programs based on the number, quality, and promise of the
applications; and
``(C) consider the need to provide an equitable geographic
distribution of such grants.'';
Page 302, beginning on line 22, strike paragraph (8)
through page 303, line 8, and insert the following:
(8) by striking subsection (i) (as redesignated by
paragraph (5)) and inserting the following:
``(i) Authorization of Appropriations.--For the purpose of
making grants and contracts under this section, there are
authorized to be appropriated $75,000,000 for fiscal year
2009 and such sums as may be necessary for the each of the 4
succeeding fiscal years.''.
Page 305, line 6, strike ``social psychology or''.
Page 306, strike lines 19 through 22.
Page 311, line 13, after ``service'' insert ``in a full-
time position related to the field in which the student
obtained his or her undergraduate degree,''; and after
``following'' insert ``the later of--''.
Page 311, strike lines 14 and 15, and before line 16,
insert the following:
``(A) the completion of the student's undergraduate degree
program; or
``(B) the completion of a graduate degree program in a
field related to the field in which the student obtained his
or her undergraduate degree.
Page 323, after line 3, insert the following new
subsection:
``(g) Report on Best Practices.--Within one year after the
date of enactment of this section, the Secretary shall--
``(1) conduct a study to identify the best practices to
strengthen the role of institutions that receive funding
under title III or title V in increasing America's critical
foreign language education efforts; and
``(2) submit a report on the results of such study to the
authorizing committees.
Page 323, before line 4, insert the following new section
(and redesignate the succeeding section accordingly):
``SEC. 419D. ADJUNCT TEACHER CORPS.
``(a) Purpose.--The purpose of this section is to create
opportunities for individuals with subject matter expertise
in mathematics, science, and critical foreign languages to
provide such subject matter expertise to secondary school
students on an adjunct basis.
``(b) Program Authorized.--The Secretary is authorized to
award grants to eligible entities to identify, recruit, and
train individuals with subject matter expertise in
mathematics, science, and critical foreign languages to serve
as adjunct content specialists.
``(c) Duration of Grants.--The Secretary may award grants
under this section for a period of not more than 5 years.
``(d) Eligible Entity.--For the purpose of this section, an
eligible entity is--
``(1) a local educational agency; or
``(2) a partnership consisting of a local educational
agency, serving as a fiscal agent, and a public or private
educational organization or business.
``(e) Uses of Funds.--An eligible entity that receives a
grant under this section is authorized to use such grant to
carry out one or both of the following activities:
``(1) To develop the capacity of the eligible entity to
identify, recruit, and train individuals with subject matter
expertise in mathematics, science, and critical foreign
languages who are not employed in the elementary and
secondary education system (including individuals in business
and government, and individuals who would participate through
distance-learning arrangements) to become adjunct content
specialists.
``(2) To provide pre-service training and on-going
professional development to adjunct content specialists.
``(f) Applications.--
``(1) Application required.--To be considered for a grant
under this section, an eligible entity shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary requires.
``(2) Contents.--Such application shall include a
description of--
``(A) the need for, and expected benefits of using, adjunct
content specialists in the schools of the local educational
agency, which may include information on the difficulty the
local educational agency faces in recruiting qualified
faculty in mathematics, science, and critical foreign
language courses;
``(B) measurable objectives for the activities supported by
the grant, including the number of adjunct content
specialists the eligible entity intends to place in schools
and classrooms, and the gains in academic achievement
expected as a result of the addition of such specialists;
``(C) how the eligible entity will establish criteria for
and recruit the most qualified individuals and public or
private organizations and businesses to participate in the
activities supported by the grant;
``(D) how the eligible entity will provide pre-service
training and on-going professional development to adjunct
content specialists to ensure that such specialists have the
capacity to serve effectively;
``(E) how the eligible entity will use funds received under
this section, including how the eligible entity will evaluate
the success of the activities supported by the grant;
``(F) how the eligible entity will support and continue the
activities supported by the grant after the grant has
expired, including how such entity will seek support from
other sources, such as State and local government and the
private sector; and
``(G) an assurance that the use of adjunct content
specialists will not result in the displacement or transfer
of currently employed teachers nor a reduction in the number
of overall teachers in the district.
``(g) Priorities.--In awarding grants under this section,
the Secretary shall give priority to eligible entities that
demonstrate in the application for such a grant a plan to--
``(1) serve the schools of the local educational agency
that have a large number or percentage of students performing
below grade level in mathematics, science, or critical
foreign language courses;
``(2) serve local educational agencies that have a large
number or percentage of students from families with incomes
below the poverty line (as such term is defined in section
200); and
``(3) recruit and train individuals to serve as adjunct
content specialists in schools that have an insufficient
number of teachers in mathematics, science, or critical
foreign languages.
``(h) Matching Requirement.--Each eligible entity that
receives a grant under this section shall provide, from non-
Federal sources, an amount equal to 100 percent of the amount
of such grant (in cash or in kind) to carry out the
activities supported by such grant.
``(i) Performance Report.--Each eligible entity receiving a
grant under this section shall prepare and submit to the
Secretary a final report on the results of the activities
supported by such grant, which shall contain such information
as the Secretary may require, including any improvements in
student academic achievement as a result of the use of
adjunct content specialists.
``(j) Evaluation.--The Secretary shall evaluate the
activities supported by grants under this section, including
the impact of such activities on student academic
achievement, and shall report the results of such evaluation
to the authorizing committees.
``(k) Definition.--In this section the term `adjunct
content specialist' means an individual who--
``(1) meets the requirements of section 9101(23)(B)(ii) of
the Elementary and Secondary Education Act of 1965;
``(2) has demonstrated expertise in mathematics, science,
or a critical foreign language, as determined by the local
educational agency; and
``(3) may not be the primary provider of instructional
services to a student unless the adjunct content specialist
is under the direct supervision of a teacher who meets the
requirements of Section 9101(23) of such Act.''.
Page 323, after line 25, insert the following new
subsection (and redesignate the succeeding subsection
accordingly):
(e) Reporting Requirements.--Section 419N(e) is amended--
(1) in paragraph (1)(A), by striking ``18 months,'' and all
that follows through the end thereof and inserting
``annually.''; and
(2) in paragraph (2)--
(A) by striking ``the third annual grant payment'' and
inserting ``continuation awards''; and
(B) by striking ``the 18-month report'' and inserting ``the
reports''.
Page 324, line 23, strike ``and'' and after such line
insert the following new paragraph (and redesignate the
succeeding paragraph accordingly):
(3) in section 420N--
(A) in subsection (b)--
(i) in paragraph (1)(E), by striking ``and'' after the
semicolon;
[[Page 1716]]
(ii) in paragraph (2), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(3) contains, or is accompanied by, a plain-language
disclosure form developed by the Secretary that clearly
describes the nature of the TEACH Grant award, the service
obligation, and the loan repayment requirements that are the
consequence of the failure to complete the service
obligation.''; and
(B) by adding a the end the following new subsection:
``(d) Additional Administrative Provisions.--
``(1) Change of high-need designation.--In the event that a
recipient of an initial grant under this subpart has acquired
an academic degree, or expertise, in a field that was, at the
time of the recipient's application for that grant,
designated as high-need in accordance with subsection
(b)(1)(C)(vii), but is no longer so designated, the grant
recipient may fulfill the service obligation described in
subsection (b)(1) by teaching in that field.
``(2) Extenuating circumstances.--The Secretary shall
establish, by regulation, categories of extenuating
circumstances under which a recipient of a grant under this
subpart who is unable to fulfill all or part of his or her
service obligation may be excused from fulfilling that
portion of the service obligation.''; and
Page 325, beginning on line 4, strike ``Such evaluation
shall'' and all that follows through line 18 and insert close
quotation marks and a period.
Page 326, line 21, after ``this title'' insert ``, as
determined by the Secretary,''.
Page 327, beginning on line 1, strike subparagraph (B) and
insert the following:
``(B) An institution and any third party servicer obtaining
access to information under subparagraph (A), including any
subcontractor obtaining access to information under
subparagraph (C)(iii), shall safeguard that information--
``(i) as required by any law applicable to the institution,
third party servicer, or subcontractor; and
``(ii) at least to the same extent that the disclosing
financial institution is required to safeguard its customer
information under sections 501 and 505(b) of the Gramm-Leach-
Bliley Act (15 U.S.C. 6801, 6805(b)).
Page 327, line 16, after ``the borrower'' insert ``, a
subcontractor of the third party servicer for purposes of
skip tracing,''.
Page 327, line 23, strike the close quotation marks and the
following period; and after line 23, insert the following:
``(D) Any requirement under subparagraph (A) to provide
student loan information shall be considered an applicable
legal requirement for the purposes of section 502(e)(8) of
the Gramm-Leach-Bliley Act (15 U.S.C. 6802(e)(8)).
``(E) Any subcontractor obtaining access to information
under subparagraph (C)(iii) shall meet the same restrictions
that apply to third party servicers under subparagraph
(C).''.
Page 328, before line 1, insert the following new sections
(and redesignate the succeeding sections accordingly):
SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS.
Section 428A(a) (20 U.S.C. 1078-1(a)) is amended by adding
at the end the following new paragraph:
``(3) Report required.--The Secretary, in consultation with
the guaranty agencies participating under voluntary flexible
agreements, shall report on an annual basis to the
authorizing committees regarding the program outcomes that
the voluntary flexible agreements have had with respect to
program integrity, program and cost efficiencies, delinquency
prevention, default aversion, and consumer education programs
described in section 433A, and the availability and delivery
of student financial aid. Such report shall include--
``(A) a description of each voluntary flexible agreement
and the performance goals established by the Secretary for
each agreement;
``(B) a list of participating guaranty agencies and the
specific statutory or regulatory waivers provided to each
guaranty agency and any waivers provided to other guaranty
agencies under paragraph (2);
``(C) a description of the standards by which each agency's
performance under the agency's voluntary flexible agreement
was assessed and the degree to which each agency achieved the
performance standards;
``(D) an analysis of the fees paid by the Secretary, and
the costs and efficiencies achieved under each voluntary
flexible agreement; and
``(E) an identification of promising practices for program
improvement that could be replicated by other guaranty
agencies.''.
SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT
PLUS LOANS.
(a) Amendment.--Section 428B(d) (20 U.S.C. 1078-2(d)) is
amended by amending paragraphs (1) and (2) to read as
follows:
``(1) Commencement of repayment.--Repayment of principal on
loans made under this section shall--
``(A) commence not later than--
``(i) in the case of a parent borrower, 60 days after the
date such loan is disbursed by the lender; and
``(ii) in the case of a graduate or professional student
borrower, commence at the beginning of a repayment period
that begins the day after 6 months after the date the student
ceases to carry at least one-half the normal full-time
academic workload (as determined by the institution); and
``(B) be subject to deferral during any period during which
the graduate or professional student or the parent meets the
conditions required for a deferral under section 427(a)(2)(C)
or 428(b)(1)(M).
``(2) Capitalization of interest.--
``(A) In general.--Interest on loans made under this
section--
``(i) which accrues prior to the beginning of repayment
under paragraph (1)(A)(i), shall be added to the principal
amount of the loan; and
``(ii) which accrues during a period in which payments of
principal are deferred pursuant to paragraph (1)(B) shall, if
agreed upon by the borrower and the lender--
``(I)(aa) be paid monthly or quarterly; or
``(bb) be added to the principal amount of the loan not
more frequently than quarterly by the lender.
``(B) Insurable limits.--Capitalization of interest under
this paragraph shall not be deemed to exceed the annual
insurable limit on account of the borrower.''.
(b) Conforming Amendment.--Section 428(b)(7)(C) (20 U.S.C.
1078(b)(7)(C)) is amended by striking ``, 428B,''.
(c) Effective Date.--The amendments made by this section
shall be effective for loans issued on or after July 1, 2008.
Page 329, after line 4 insert the following new sections
(and redesignate the succeeding sections accordingly):
SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY.
Section 428C(e) (20 U.S.C. 1078-3(c)) is amended by
striking ``2012'' and inserting ``2013.''
SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.
(a) Special Rule.--Section 428G(a) (20 U.S.C. 1078-7(a)) is
amended by adding at the end the following new paragraph:
``(4) Amendment to special rule.--Beginning on October 1,
2011, the special rule under paragraph (3) shall be applied
by substituting `15 percent' for `10 percent'.''.
(b) Requirements for Disbursements to First Year
Students.--Section 428G(b) (20 U.S.C. 1078-7(b)) is amended
by adding at the end the following new paragraph:
``(3) Amendment to cohort default rate exemption.--
Beginning on October 1, 2011, the exemption to the
requirements of paragraph (1) in the second sentence of such
paragraph shall be applied by substituting `15 percent' for
`10 percent'.''.
Page 332, line 22, after ``pathologists'' insert ``and
audiologists''; and line 23, after ``pathologist'' insert
``or audiologist''.
Page 333, line 2, insert ``, audiology'' before the comma.
Page 335, after line 14, insert the following new
paragraphs:
``(14) Dentists.--An individual who--
``(A) has received his or her degree from an accredited
dental school (as accredited by the Commission on Dental
Accreditation) and has completed residency training in
pediatric dentistry, general dentistry, or dental public
health; or
``(B) is employed as a member of the faculty at a program
or school accredited by the Commission on Dental
Accreditation.
``(15) STEM employees.--An individual who is employed in
engineering, technology, applied sciences, or mathematics.
Page 336, after line 18, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(1) Audiologist.--The term `audiologist' means an
individual who--
``(A) has received, at a minimum, a graduate degree in
audiology from an institution of higher education accredited
by an agency or association recognized by the Secretary
pursuant to section 496(a) of this Act; and
``(B) provides audiology services under subsection (ll)(2)
of section 1861 of the Social Security Act (42 U.S.C.
1395x(ll)(2)), or meets or exceeds the qualifications for a
qualified audiologist under subsection (ll)(4) of such
section (42 U.S.C. 1395x(ll)(4)).
Page 348, beginning on line 5, strike subsection (c) and
insert the following:
``(c) Rule of Construction.--Nothing in this section shall
be construed to prohibit--
``(1) a guaranty agency from using activities, programs,
and materials existing on the date of enactment of this
section in meeting the requirements of this section; or
``(2) a lender or loan servicer from providing outreach or
financial aid literacy information in accordance with
subsection (b).''.
Page 348, after line 8, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 433. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION
RATE INDEX.
(a) Amendments.--Section 435(a) (20 U.S.C. 1085(a)) is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A)(ii), by striking ``paragraph (4)''
and inserting ``paragraph (5)''; and
(B) in subparagraph (B)--
[[Page 1717]]
(i) by striking ``and'' at the end of clause (ii); and
(ii) by striking clause (iii) and inserting the following
new clauses:
``(iii) 25 percent for fiscal year 1994 through fiscal year
2011; and
``(iv) 30 percent for fiscal year 2012 and any succeeding
fiscal year.'';
(2) by redesignating paragraph (6) as paragraph (8), and
redesignating paragraphs (3) through (5) as paragraphs (4)
through (6), respectively;
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) Appeals for regulatory relief.--An institution whose
cohort default rate, calculated in accordance with subsection
(m), is equal to or greater than the threshold percentage
specified in paragraph (2)(B)(iv) of this subsection, for two
consecutive fiscal years may, within 30 days of receiving
notification from the Secretary, file an appeal demonstrating
exceptional mitigating circumstances, as defined in paragraph
(5). The Secretary shall issue a decision on any such appeal
within 45 days after its submission. If the Secretary
determines that the institution demonstrates exceptional
mitigating circumstances, the Secretary shall not subject the
institution to provisional certification based solely on the
institution's cohort default rate.'';
(4) in paragraph (5)(A) (as redesignated by paragraph (2)
of this subsection), by striking ``For the purposes of
paragraph (2)(A)(ii)'' and all that follows through
``following criteria:'', and inserting ``For purposes of this
subsection, an institution of higher education shall be
treated as having exceptional mitigating circumstances that
make application of paragraph (2) inequitable, and that
provide for regulatory relief under paragraph (3), if such
institution, in the opinion of an independent auditor, meets
the following criteria:'';
(5) by inserting after paragraph (6) (as redesignated by
paragraph (2) of this subsection) the following new
paragraph:
``(7) Default prevention and assessment of eligibility
based on high default rates.--
``(A) First year.--(i) An institution whose cohort default
rate is equal to or greater than the threshold percentage
specified in paragraph (2)(B)(iv) in any fiscal year shall
establish a default prevention task force to prepare a plan
to--
``(I) identify the factors causing the institution's cohort
default rate to exceed such threshold;
``(II) establish measurable objectives to improve the
institution's cohort default rate; and
``(III) specify actions that the institution can take to
improve student loan repayment, including enhanced use of
professional judgment and discretion of student financial aid
administrators.
``(ii) Each institution subject to this subparagraph shall
submit the plan under clause (i) to the Secretary, who shall
review the plan and offer technical assistance to the
institution to promote improved student loan repayment.
``(B) Second consecutive year.--(i) An institution whose
cohort default rate is equal to or greater than the threshold
percentage specified in paragraph (2)(B)(iv) for two
consecutive fiscal years shall require the institution's
default prevention task force established under subparagraph
(A) to review and revise the plan required under such
subparagraph, and shall submit such revised plan to the
Secretary.
``(ii) The Secretary shall review each revised plan
submitted in accordance with this subparagraph, and may
direct that such a plan be amended to include actions, with
measurable objectives, that the Secretary determines, based
on available data and analyses of student loan defaults, will
promote student loan repayment.
``(C) Cohort default rates published.--The Secretary shall
make available to the public on the College Navigator web
site the cohort default rate and the plan of the default
prevention task force of each institution that is subject to
this paragraph.''; and
(6) in paragraph (8)(A) (as redesignated by paragraph (2)
of this subsection), by striking ``0.0375'' and inserting
``0.0625''.
(b) Effective Date.--The amendment made by subsection
(a)(6) is effective for fiscal years beginning on or after
October 1, 2011.
Page 348, line 22, strike ``beginning of the third'' and
insert ``end of the second''.
Page 348, after line 23, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
(2) in paragraph (1)(B), by striking ``such fiscal year''
and inserting ``such second fiscal year'';
Page 349, beginning on line 1, strike ``beginning of the
third'' and insert ``end of the second''.
Page 349, strike lines 4 through 10 and insert the
following:
(3) in paragraph (2)(C)--
(A) by striking ``end of such following fiscal year is not
considered as in default for the purposes of this
subsection'' and inserting ``end of the second fiscal year
following the year in which the loan entered repayment is not
considered as in default for purposes of this subsection'';
and
(B) by striking ``such fiscal year'' and inserting ``such
second fiscal year''; and
Page 349, line 21, strike ``cohort default data'' and
insert ``cohort default rate''.
Page 348, line 19, insert ``(a) Amendments.--'' before
``Section 435(m)''; and on page 350, after line 13, insert
the following new subsection:
(b) Effective Date and Transition.--
(1) Effective date.--The amendments made by subsection (a)
shall be effective for purposes of calculating cohort default
rates for fiscal year 2008 and succeeding fiscal years.
(2) Transition.--Notwithstanding paragraph (1), the method
of calculating cohort default rates under section 435(m) of
the Higher Education Act of 1965 as in effect on the day
before the date of enactment of this Act shall continue in
effect, and the rates so calculated shall be the basis for
any sanctions imposed on institutions of higher education
because of their cohort default rates, until three
consecutive years of cohort default rates calculated in
accordance with the amendments made by subsection (a) are
available.
Page 351, line 19, strike ``2752(d)(4)(D)'' and insert
``2752(c)(4)(D)''.
Page 351, after line 20, insert the following new
subsections:
(c) Grants for Federal Work-Study Programs.--Section 443
(42 U.S.C. 2753) is amended --
(1) in subsection (b)(2)(B), strike ``(as described in
subsection (d)), is'' and insert the following: ``(as
described in subsection (d)), and not less than 1 civic
education and participation project (as described in
subsection (e)), are'';
(2) by adding at the end the following new subsection:
``(e) Civic Education and Participation Activities.--
``(1) Use of funds.--In any academic year to which
subsection (b)(2)(B) applies, an institution shall ensure
that funds granted to such institution under this section are
used in accordance with such subsection to compensate
(including compensation for time spent in training and travel
directly related to civic education and participation
activities) students employed in projects that--
``(A) teach civics in schools;
``(B) raise awareness of government functions or resources;
or
``(C) increase civic participation such as in voting or
running for elected office.
``(2) Priority for schools.--To the extent practicable, an
institution shall--
``(A) give priority to the employment of students
participating in projects that educate or train the public
about evacuation, emergency response, and injury prevention
strategies relating to natural disasters, acts of terrorism,
and other emergency situations; and
``(B) ensure that any student compensated with the funds
described in paragraph (1) receives appropriate training to
carry out the educational services required.
``(3) Federal share.--The Federal share of the compensation
of work-study students compensated under this subsection may
exceed 75 percent.''.
(d) Flexible Use of Funds.--Section 445 (42 U.S.C. 2755) is
amended by adding at the end the following new subsection:
``(d) Flexibility in the Event of a Major Disaster.--
``(1) In the event of a major disaster, an eligible
institution located in any area affected by such major
disaster, as determined by the Secretary, may make payments
under this part to disaster-affected students as follows:
``(A) For any academic year during which a major disaster
occurs, such an eligible institution may pay wages under this
part to disaster-affected students in an amount equal to or
less than the amount of wages such students would have been
paid under this part had the students been able to complete
the work obligation necessary to receive work-study funds for
such academic year.
``(B) Wages shall not be awarded to any student who, for
the academic year during which a major disaster occurs, was
not eligible for work-study or was not completing the work
obligation necessary to receive work-study funds under this
part prior to the occurrence of the major disaster.
``(C) Any wages awarded to disaster-affected students under
this subsection shall meet the matching requirements outlined
in section 443.
``(2) Definitions.--In this subsection:
``(A) The term `disaster-affected students' means students
enrolled at an eligible institution who--
``(i) were receiving Federal work-study payments from such
eligible institution for an academic year prior to the
occurrence of a major disaster during such academic year; and
``(ii) were prevented from fulfilling their work-study
obligations for such academic year due to such major
disaster, as determined by the Secretary.
``(B) The term `major disaster' has the meaning given such
term in section 102(2) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.''.
Page 367, after line 3, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
[[Page 1718]]
(c) Treatment of Cooperative Education Work Income.--
Section 480(e) (20 U.S.C. 1087vv(e)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) any income earned from work under a cooperative
education program offered by an institution of higher
education;''.
Page 400, beginning on line 3, strike paragraphs (1)
through page 402, line 6, and insert the following (and
redesignate the succeeding paragraph accordingly):
``(1) In general.--Notwithstanding subsections (a), (c),
and (d), in order to receive any grant or work assistance
under section 401, subpart 3 of part A, and part C of this
title, a student with an intellectual disability (as defined
in section 768(2)) shall--
``(A) be enrolled or accepted for enrollment in a
comprehensive transition and postsecondary education program
for students with intellectual disabilities at an institution
of higher education;
``(B) be maintaining satisfactory progress in the program
as determined by the institution, in accordance with
standards established by the institution; and
``(C) meet the requirements of paragraphs (3), (4), (5),
and (6) of subsection (a).
``(2) Authority.--Notwithstanding any other provision of
law, unless enacted with specific reference to this section,
the Secretary is authorized to waive any statutory provision
applicable to the student financial assistance programs under
section 401, subpart 3 of part A, or part C of this title, or
any institutional eligibility provisions of this title, as
the Secretary deems necessary to ensure that programs
enrolling students with intellectual disabilities otherwise
determined to be eligible under this subsection may receive
such financial assistance.
Page 402, line 7, strike ``rules'' and insert
``regulations''.
Page 405, strike lines 7 through 9 and insert the
following:
(a) Disclosure of Policies.--Section 485(a) (20 U.S.C.
1092(a)) is amended--
Page 405, after line 9, insert the following new paragraph:
(1) in paragraph (1)--
(A) in subparagraph (G), by striking ``program, and'';
Page 405, beginning on line 10, redesignate paragraphs (1),
(2), and (3) as subparagraphs (B), (C), and (D),
respectively, and move the margins of such subparagraphs (as
so redesignated) to the right two em spaces.
Page 405, strike line 13 and insert ``graph (O) and
inserting a semicolon; and''.
Page 405, line 15, strike ``paragraph'' and insert
``paragraphs''.
Page 406, line 12, strike the period, close quotation
marks, and following period and insert ``; and'', and after
such line insert the following new subparagraph:
``(Q) institutional policies regarding meningococcal
vaccinations which may include offering the vaccinations
through the institution at a cost to the student.''; and
Page 406, before line 13, insert the following new
paragraph:
(2) by amending paragraph (4) to read as follows:
``(4) For purposes of this section, institutions may--
``(A) exclude from the information disclosed in accordance
with subparagraph (L) of paragraph (1) the completion or
graduation rates of students who leave school to serve in the
Armed Forces, on official church missions, or with a
recognized foreign aid service of the Federal Government; or
``(B) in cases in which the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time, undergraduate
students at an institution, the institution may recalculate
the completion or graduation rates of such students by
excluding from the calculation described in paragraph (3) the
time period during which such students were not enrolled due
to the service described in subparagraph (A) of this
paragraph.''.
Page 406, beginning on line 18, strike paragraph (2)
through page 407, line 23, and insert the following:
(2) in subparagraph (F)(ii), by inserting after ``through
(VIII) of clause (I)'' the following: ``, and for larceny-
theft, simple assault, intimidation, and destruction, damage,
or vandalism of property,''.
Page 417, line 18, strike ``Each'' and insert the
following:
``(1) Notice upon enrollment.--Each
Page 417, line 21, strike the close quotation marks and
following period, and after such line insert the following:
``(2) Notice after loss of eligibility.--Within two weeks
of notification by the Secretary that a student has lost
eligibility under section 484(r) for any grant, loan, or work
assistance, an institution of higher education shall provide
to each such student affected by the penalties listed under
484(r)(1) a separate, clear, and conspicuous written notice
that notifies the student of the loss of eligibility and
advises the student of the ways in which the student can
regain eligibility under section 484(r)(2).''.
Page 417, before line 22, insert the following new
subsection:
(e) Disclosure of Athletically Related Graduation Rates.--
Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read
as follows:
``(3) For purposes of this subsection, institutions may--
``(A) exclude from the reporting requirements under
paragraphs (1) and (2) the completion or graduation rates of
students and student athletes who leave school to serve in
the Armed Forces, on official church missions, or with a
recognized foreign aid service of the Federal Government; or
``(B) in cases in which the students described in
subparagraph (A) represent 20 percent or more of the
certificate- or degree-seeking, full-time, undergraduate
students at an institution, the institution may calculate the
completion or graduation rates of such students by excluding
from the calculations described in paragraph (1) the time
period during which such students were not enrolled due to
the service described in subparagraph (A) of this
paragraph.''.
Page 418, line 4, strike ``requirements'' and insert
``established''.
Page 418, beginning on line 12, strike ``, and on the
application materials of such institutions''.
Page 418, line 18, insert ``and'' after the semicolon;
strike lines 19 through 21; and redesignate the succeeding
subparagraphs accordingly.
Page 419, beginning on line 4, strike ``limit the'' and all
that follows through line 5 and insert ``authorize the
Secretary to require particular policies, procedures, or
practices by institutions of higher education with respect to
articulation agreements.''.
Page 419, beginning on line 10, strike ``, including
private nonprofit and for-profit institutions''.
Page 420, line 24, after ``degree'' insert ``or program''.
Page 430, beginning on line 6, strike clause (i) and insert
the following new clauses (and redesignate the succeeding
clause accordingly):
``(i) in the case of loans made by an institution, for each
of the institution's fiscal years 2009 through 2012, the
principal amount of loans made by the institution, based on
the expected interest earned less the estimated amount to
account for future defaults and loan forgiveness accounted
for on an accrual basis, in accordance with Generally
Accepted Accounting Principles and related standards and
guidance, if the loans are bona fide as evidenced by
enforceable promissory notes, are issued at intervals related
to the institution's enrollment periods, and are subject to
regular loan repayments and collections;
``(ii) in the case of loans made by an institution, for the
institution's fiscal year 2013 and each of the institution's
subsequent fiscal years, only the amount of loan repayments
received during the fiscal year; and
Page 435, after line 10, insert the following new
subsection:
(f) Institutional Certifications for Private Educational
Loans.--Section 487(a) is further amended by adding at the
end the following new paragraph:
``(29)(A) The institution will--
``(i) upon the request of a private educational lender,
acting in connection with an application initiated by a
consumer for a private educational loan, provide
certification to such private educational lender--
``(I) that the student who initiated the application for
the private educational loan, or on whose behalf the
application was initiated, is enrolled or is scheduled to
enroll at the institution;
``(II) of the student's cost of attendance at the
institution as determined under part F of this title; and
``(III) of the difference between the cost of attendance of
the institution and the student's estimated financial
assistance received under this title and other assistance
known to the institution;
``(ii) disclose a borrower's ability to select a private
educational lender of the borrower's choice; and
``(iii) inform students about the impact of a proposed
private educational loan on the students' potential
eligibility for other financial assistance, including Federal
financial assistance under this title.
``(B) For purposes of this paragraph, the terms `private
educational lender' and `private educational loan' have the
meanings given in section 140 of the Truth in Lending Act (15
U.S.C. 1631 et seq.).''.
Page 437, after line 12, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 492. TRANSFER OF ALLOTMENTS.
Section 488 (20 U.S.C. 1095) is amended by striking
``section 413D.'' and inserting ``section 413D or 462 (or
both).''.
Page 443, line 2, after ``graph'' insert ``, nor shall the
agency or association be required to obtain the approval of
the Secretary to expand its scope of accreditation to include
distance education, provided that the agency or association
notifies the Secretary in writing of the change in scope''.
Page 443, after line 9, insert the following new
subparagraph (and redesignate the succeeding subparagraphs
accordingly):
(B) in paragraph (5), by amending subparagraph (A) to read
as follows:
``(A) success with respect to student achievement in
relation the institution's mission, which may include
different standards for different institutions or programs,
[[Page 1719]]
as established by the institution, including, as appropriate,
consideration of State licensing examinations, consideration
of course completion, and job placement rates;'';
Page 447, after line 9, insert the following new subsection
(and redesignate the succeeding subsection accordingly):
(b) Rule of Construction.--Section 496 is further amended
by adding at the end the following new subsection:
``(p) Rule of Construction.--Nothing in subsection (a)(5)
of this section shall restrict the authority of--
``(1) an accrediting agency or association to set, with the
involvement of its members, and to apply accreditation
standards to institutions or programs that seek review by the
agency or association; or
``(2) an institution to develop and use institutional
standards to show its success with respect to student
achievement, which shall be considered as part of any
accreditation review.''.
Page 481, beginning on line 24, strike subsection (e)
through page 482, line 2, and redesignate the succeeding
subsection accordingly.
Page 492, line 14, strike ``subpart 5'' and insert
``subpart 6''; line 17, strike ``THROUGH 4'' and insert
``THROUGH 5''; line 20, strike ``through 4'' and insert
``through 5''; and line 23, strike ``or 4'' and insert ``4,
or 5''.
Page 502, after line 23, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER MINORITY
SERVING INSTITUTIONS.
Part A of title VII (20 U.S.C. 1134) is further amended by
inserting after subpart 4 (as added by section 704 of this
Act) the following subpart:
``Subpart 5--Masters Degrees Programs at Historically Black Colleges
and Universities and Other Minority Serving Institutions
``SEC. 723. GRANTS TO ACADEMIC DEPARTMENTS AND PROGRAMS AT
ELIGIBLE INSTITUTIONS.
``(a) Grant Authority.--
``(1) In general.--From the amounts appropriated under
subsection (g), the Secretary shall make grants to graduate
academic departments, programs, and other academic units at
historically Black colleges and universities and other
minority-serving institutions that provide qualified courses
of study leading to a degree in a qualified masters degree
program described in subsection (d)(1)(B). Such grants shall
be used to make fellowship awards to eligible students and
may be combined with matching grants from non-Federal sources
to strengthen qualified masters degree programs.
``(2) Additional grants.--From the amounts appropriated
under subsection (g), The Secretary may also make grants to
consortia and cooperative arrangements among eligible
institutions that submit joint proposals, and have formal
arrangements designed to fulfill the purposes of this
subpart.
``(b) Award and Duration of Grants.--
``(1) Awards.--The Secretary shall make awards to
institutions that are eligible under subsection (d) and that
submit an application to the Secretary in accordance with
subsection (c). Awards shall be based on the following
criteria:
``(A) The number of students enrolled in the masters degree
program.
``(B) The number of students who earned such degrees in the
previous year from the program for which the eligible
institution is seeking funds.
``(C) The average cost of education per student, for all
full-time masters degree students enrolled in the qualified
masters degree program.
``(D) The quality of the academic program at the
institution.
``(E) The quality of the application submitted by the
institution or consortium.
``(2) Duration and amount.--
``(A) Duration.--The Secretary shall award a grant under
this subpart for a period of 5 years, which may be renewed
for an additional 5 years consistent with subsection (c).
``(B) Amount.--The Secretary shall award a grant to an
academic department, program, or consortium at an eligible
institution of higher education under this subpart for a
fiscal year in an amount that is not less than $100,000, and
not greater than $750,000.
``(c) Application.--
``(1) Contents of applications.--An institution that is
eligible under subsection (d) that seeks a grant under this
subpart shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as
the Secretary may require. The application shall include--
``(A) a description of the qualified masters degree program
or programs that the institution intends to provide
fellowship awards to, including the number of student awards
to be made;
``(B) a budget describing the amount of the fellowship
awards to students for 2 successive academic years, based on
the academic progress of such students and the cost of
attendance at the eligible institution, except that in no
instance shall a graduate student receive a fellowship in
excess of the award level provided for such students by the
National Science Foundation;
``(C) a budget for stipends to students who are awarded
fellowships under this subpart in order to encourage highly
qualified students to pursue graduate study for the purposes
described in this part; and
``(D) a description of activities to be undertaken with
institutional, private foundation, or State matching funds
that will be used to contribute to the increased production
of minority masters degree candidates.
``(2) Preference to continuing grant recipients.--
``(A) In general.--The Secretary shall make initial grant
awards consistent with the criteria in subsection (b)(1), and
shall renew such awards if the grantee demonstrates success
in satisfying the criteria in subparagraphs (A) and (B) of
such subsection by increasing the number of African Americans
and other minorities earning masters degrees at the
institution based on benchmarks established by the Secretary.
``(B) Ratable reduction.--To the extent that appropriations
are insufficient to comply with subparagraph (A) and
subsection (b)(2)(B), available funds shall be distributed by
ratably reducing the amounts required to be awarded under
subsection (b)(2)(B).
``(d) Institutional Eligibility.--
``(1) Qualified masters degree programs.--
``(A) In general.--To be eligible to apply for a grant
under this part, an applicant shall be an academic
department, program, or unit at an institution of higher
education that is within the meaning of the term `part B
institution' as defined in section 322(2), that offers a
qualified masters degree program, and that is specifically
enumerated in paragraph (2), or a consortium of such
institutions.
``(B) Qualified masters degree program.--For purposes of
this subpart, the term `qualified masters degree program'
means a program of study leading to a masters degree in the
physical or natural sciences, mathematics, engineering,
computer science, information technology, nursing, allied
health, or related scientific or health field identified by
the Secretary.
``(C) Limitation.--No department, program, or unit shall be
eligible to apply unless the qualified masters degree program
has been in existence and awarded such degrees for at least
four years.
``(2) Enumerated institutions.--For purposes of paragraph
(1)(A), the institutions enumerated in this paragraph are--
``(A) Albany State University;
``(B) Alcorn State University;
``(C) Chicago State University;
``(D) Columbia Union College;
``(E) Coppin State University;
``(F) Elizabeth City State University;
``(G) Fayetteville State University;
``(H) Fisk University;
``(I) Fort Valley State University;
``(J) Grambling State University;
``(K) Kentucky State University;
``(L) Long Island University, Brooklyn campus;
``(M) Mississippi Valley State University;
``(N) Robert Morris College;
``(O) Savannah State University;
``(P) South Carolina State University;
``(Q) University of Arkansas, Pine Bluff;
``(R) Virginia State University;
``(S) West Virginia Sate University;
``(T) Winston-Salem State University; and
``(U) York College, The City University of New York.
``(3) Limitation.--No institution that is eligible for and
receives an award under section 326 for a fiscal year shall
be eligible to apply for, or receive funds under this subpart
for the same fiscal year.
``(e) Matching Funds Rule.--Each eligible institution or
consortium that receives an award under this subpart, may
elect to use up to 25 percent of the total grant to carry out
activities designed to strengthen its qualified masters
degree program. An institution that elects to use funds for
strengthening a qualified masters degree program shall
provide an equal amount for such purpose from institutional,
private foundation, or State sources. Matching funds must
supplement, not supplant, existing resources available at the
time of the Secretary's award.
``(f) Uses of Funds.--Funds made available under this
section shall be used in accordance with the application
under subsection (c).
``(g) Authorization of Appropriations.--There are
authorized to be appropriated $25,000,000 for fiscal year
2009 and such sums as may be necessary for each of the 4
succeeding fiscal years.''.
Page 510, strike lines 4 through 9 and insert ``shall be
$5,000.''.
Page 513, line 15, strike the close quotation marks and
following period, and after line 15 insert the following new
paragraph:
``(6) Establishment of centers to incorporate education in
quality and safety into the preparation of medical and
nursing students, through grants to medical schools, nursing
schools, and osteopathic schools. Such grants shall be used
to assist in providing courses of instruction that
specifically equip students to understand the causes and
remedies for medical error, medically-induced patient
injuries and complications, and other defects in medical
care; engage effectively in personal and systemic efforts to
continually reduce medical harm;
[[Page 1720]]
and improve patient care and outcomes, as recommended by the
Institute of Medicine.''.
Page 521, line 13, strike ``The Secretary'' and insert
``The Office of Postsecondary Education''.
Page 522, line 10, strike ``disabilities,'' and insert
``disabilities and''; and on line 11, strike ``, and
disability support service personnel''.
Page 523, line 19, strike ``or'' and insert ``and''.
Page 524, line 3, strike ``and maintaining'' and insert ``,
maintaining, and updating''.
Page 524, line 5, after ``education,'' insert ``or for
expanding and updating an existing database of disabilities
support services information with respect to institutions of
higher education,''.
Page 524, line 9, after ``shall include'' insert
``available''.
Page 524, beginning on line 21, strike paragraph (4) and
insert the following:
``(4) Professional standards for disability support
personnel.--The Center shall work with organizations and
individuals with proven expertise related to disability
support services for postsecondary students with disabilities
to consolidate, evaluate, improve upon, and disseminate
information related to professional standards and best
practices for disability support services personnel and
offices in institutions of higher education.
Page 525, line 4, strike ``The Center'' and insert ``Not
later than 3 years after the establishment of the Center, and
every 2 years thereafter, the Center''.
Page 525, strike line 5, and insert ``prepare and
disseminate a report to Congress and the Secretary
analyzing''.
Page 525, line 9, strike ``ths'' and insert ``this'', on
line 10, insert ``annual'' before ``enrollment'', and on line
12, insert before the semicolon the following: ``from
existing data''.
Page 526, beginning on line 1, strike ``Such personnel''
and all that follows through line 5.
Page 542, line 13, strike ``The'' and insert ``Not later
than 3 years after the date of the first grant award under
this section, the''.
Page 542, strike line 14 and insert ``mit to Congress a
report that''.
Page 544, beginning on line 13, strike section 768 and
insert the following:
``SEC. 768. DEFINITIONS.
``In this Act:
``(1) Comprehensive transition and postsecondary program
for students with intellectual disabilities.--The term
`comprehensive transition and postsecondary program for
students with intellectual disabilities' means a degree,
certificate, or nondegree program that is--
``(A) offered by an institution of higher education;
``(B) designed to support students with an intellectual
disability who are seeking to continue academic, vocational,
and independent living instruction at an institution of
higher education in order to prepare for gainful employment
and independent living;
``(C) includes an advising and curriculum structure; and
``(D) requires students to participate on at least a half-
time basis, as determined by the institution, with such
participation focusing on academic components such as
reading, language arts, or math, and occurring through a
combination of one or more of the following activities:
``(i) Regular enrollment in courses offered by the
institution.
``(ii) Auditing or participating in courses offered by the
institution for which the student does not receive regular
academic credit.
``(iii) Enrollment in noncredit, nondegree courses.
``(iv) Participation in internships or apprenticeships.
``(2) Student with an intellectual disability.--The term
`student with an intellectual disability' means a student who
is--
``(A) an individual whose mental retardation or other
significant cognitive impairment substantially impacts the
individual's intellectual and cognitive functioning; and
``(B)(i) a student eligible for assistance under the
Individuals with Disabilities Education Act who has completed
secondary school; or
``(ii) an individual who was, but is no longer, eligible
for assistance under the Individuals with Disabilities
Education Act because the individual has exceeded the maximum
age for which the State in which the student resides provides
a free appropriate public education.
Page 545, lines 7, 18, 20, and 22, strike ``Secretary'' and
insert ``Office of Postsecondary Education''.
Page 545, beginning on line 24, strike paragraph (1) and
insert the following:
``(1) are located in geographically diverse, underserved
areas; or
Page 548, beginning on line 21, strike ``Not later'' and
all that follows through ``Secretary'' on line 23, and insert
``Not later than 5 years after the date of the first grant
award under this section, the Office of Postsecondary
Education''.
Page 549, line 7, strike ``ACCREDITATION''.
Page 549, line 9, strike ``Secretary'' and insert ``Office
of Postsecondary Education''.
Page 549, line 13, after ``and'' insert ``recommendations
related to the''.
Page 549, lines 14 and 24, strike ``model''.
Page 550, strike line 17 and all that follows through page
551, line 7; on page 551, beginning on line 8, redesignate
subparagraph (B) and clauses (i) through (v) thereof as
paragraph (5) and subparagraphs (A) through (E),
respectively; and move such redesignate paragraph 2 em spaces
to the left.
Page 552, line 6, strike ``and''; on line 8, strike the
period and insert ``; and''; and after line 8, insert the
following (and redesignate the succeeding subsection
accordingly):
``(10) convene a workgroup to develop recommendations on
criteria, standards, and components of such programs as
described in paragraph (5), to include the participation of--
``(A) an expert in higher education;
``(B) an expert in special education;
``(C) a disability organization that represents students
with intellectual disabilities; and
``(D) a national, State, or regional accrediting agency or
association recognized by the Secretary under subpart 2 of
part H of title IV.
``(c) Report.--No later than 5 years after the date of the
establishment of the coordinating center under this section,
such center shall report to the Secretary, the Congress, and
the National Advisory Committee on Institutional Quality and
Integrity on the recommendations of the workgroup described
in subsection (b)(10).
Page 553, line 16, strike ``section 435(d)(5)(J)'' and
insert ``section 435(j)''.
Page 554, line 18, after ``program students'' insert ``, in
each of the institution's nursing programs (associate,
baccalaureate, or advanced nursing degree program),''.
Page 554, line 23, after ``average number'' insert ``in
each of the institution's nursing programs''.
Page 557, beginning on line 18, strike ``fund release time
for qualified nurse employees, so that'' and insert ``ensure
that''.
Page 559, line 6, after ``higher education'' insert the
following: ``, including institutions providing alternative
methods of delivery of instruction in addition to on-site
learning''.
Page 560, line 2, after ``technologies'' insert the
following: ``and to expand methods of delivery of instruction
to include alternatives in addition to on-site learning''.
Page 560, line 22, after ``program'' insert the following:
``if the program requires a clinical site''.
Page 560, line 24, insert ``at least'' before ``a''.
Page 561, line 2, insert ``at least'' before ``a''.
Page 561, line 4, strike ``class schedule'' and insert
``program requirements, as necessary''.
Page 563, after line 3, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(3) the provision of accommodations for students with
disabilities on college entrance and graduate admissions
tests, including--
``(A) the frequency of, and approval rate for,
accommodations requests;
``(B) documentation requirements for accommodations
requests and criteria used to determine if an accommodation
is appropriate; and
``(C) challenges facing students in accessing reasonable
accommodations on such tests;''.
Page 565, line 10, strike ``Competitive''; and on line 12,
strike ``on a competitive basis''.
Page 565, line 14, strike ``year,'' and insert ``year
(A)''; and on line 19, insert before the period the
following: ``; (B) are public institutions of higher
education that have a net tuition that is in the lowest
quartile of comparable institutions; or (C) are public
institutions of higher education that have a tuition increase
of less than $500 for a full-time undergraduate student''.
Page 565, line 18, on page 567, line 8, and on page 568,
line 2 and line 13, strike ``higher'' and insert
``postsecondary''.
Page 566, beginning on line 18, strike paragraphs (2) and
(3) through page 568, line 6, and insert the following:
``(2) 4-year institutions.--An institution of higher
education that provides a program of instruction for which it
awards a bachelor's degree complies with the requirements of
this paragraph if--
``(A) for a public institution of higher education, such
institution's tuition is in the lowest quartile of comparable
institutions; or
``(B) for any institution of higher education, such
institution guarantees that for any academic year (or the
equivalent) beginning on or after July 1, 2008, and for each
of the 4 succeeding continuous academic years, the net
tuition charged to an undergraduate student will not exceed--
``(i) for a public institution of higher education, $500
per year for a full-time undergraduate student; or
``(ii) for any other institution of higher education--
``(I) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(II) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior
[[Page 1721]]
academic year for which data is available, multiplied by the
amount determined under subclause (I).
``(3) Less-than 4-year institutions.--An institution of
higher education that does not provide a program of
instruction for which it awards a bachelor's degree complies
with the requirements of this paragraph if--
``(A) for a public institution of higher education, such
institution's tuition is in the lowest quartile of comparable
institutions; or
``(B) for any institution of higher education, such
institution guarantees that for any academic year (or the
equivalent) beginning on or after July 1, 2008, and for each
of the 1.5 succeeding continuous academic years, the net
tuition charged to an undergraduate student will not exceed--
``(i) for a public institution of higher education, $500
per year for a full-time undergraduate student; or
``(ii) for any other institution of higher education--
``(I) the amount that the student was charged for an
academic year at the time he or she first enrolled in the
institution of higher education, plus
``(II) the product of the percentage increase in the higher
education price index for the prior academic year, or the
most recent prior academic year for which data is available,
multiplied by the amount determined under subclause (I).
Page 568, line 14, after ``year,'' insert ``and, with
respect to any public institution of higher education, has a
tuition that is not in the lowest quartile of comparable
institutions''.
Page 569, beginning on line 20, strike paragraph (2) and
insert the following:
``(2) Postsecondary education price index.--The term
`postsecondary education price index' means the postsecondary
education price index developed pursuant to section 133(i).
Page 604, line 22, strike ``contract with'' and insert
``award a grant to''.
Page 623, line 23, strike ``and''; page 624, line 5, strike
the period and insert ``; and''; and after line 5, insert the
following subparagraph:
``(E) acquisition and installation of access control, video
surveillance, intrusion detection, and perimeter security
technologies and systems.
Page 626, line 2, insert ``natural or man-made'' after
``event of a''.
Page 632, line 22, strike ``education'' and insert
``educational''; and line 23, strike ``education'' and insert
``educational''.
Page 633, line 1, strike ``all of the schools of which
meet'' and insert ``that is designated with''.
Page 633, line 13, strike ``or less than part-time''.
Page 633, line 22, insert before the period ``or the
recognized equivalent of such a diploma''.
Page 638, after line 8, insert the following new
subsection:
``(d) Preference in Selection.--In determining which
applications to approve for a grant under this section, the
Secretary shall give priority to applications from
partnerships that include one or more regional employers that
are located in a rural area.
Page 646, line 19, page 647, line 7 and line 18, page 648,
line 17, page 651, line 17 and line 21, page 652, line 11 and
line 23, and page 653, line 22, strike ``Commerce'' and
insert ``Education''.
Page 658, line 19, after ``Secretary'' insert ``, in
consultation with the Administrator of the Environmental
Protection Agency,''.
Page 664, line 4, after ``Education'' insert ``, in
consultation with the Administrator of the Environmental
Protection Agency,''.
Page 667, line 18, strike ``and'' after the semicolon; line
20, strike the period and insert ``; and''; and after line
20, insert the following:
``(F) the Office of Science and Technology Policy.
Page 675, line 7, strike ``an institution'' and insert
``one or more institutions''.
Page 675, after line 23, insert the following new
paragraph:
``(3) Existing partnerships.--Nothing in this subsection
shall be construed to prohibit a partnership that is in
existence on the date of enactment of this section from
applying for a grant under this section.
Page 689, line 22, strike ``10 years'' and insert ``20
years''.
Page 695, line 10, strike ``Such'' and insert ``The
initial''.
Page 695, line 11, after ``Education'' insert ``from a list
of recommendations received from the House of Representatives
and the Senate''.
Page 696, line 3, strike ``may use Trust funds'' and insert
``shall use Trust funds to support research that is in the
public interest but that is unlikely to be undertaken
entirely with private funds''.
Page 696, line 4, strike ``basic'' and insert
``precompetitive''.
Page 696, beginning on line 5, strike ``demonstrations of
innovative learning and assessment systems'' and insert
``demonstrations, and assessments of prototypes of innovative
digital learning and information technologies''.
Page 696, line 8, before ``testing'' insert ``pilot'', and
line 9, strike ``systems; and'' and insert ``prototype
systems;''.
Page 696, line 11, strike ``effective approaches to
learning.'' and insert ``effective, innovative digital
approaches to learning supported by this Act; and''.
Page 696, after line 11, insert the following:
(D) to support innovative digital media education programs
for parents, teachers, and children to help children in the
United States learn digital safety and build technology
literacy.
Page 696, line 20, strike ``(with or without private
partners)'' and insert ``with or without for-profit partners,
and to for-profit organizations'', and
Page 700, after line 13, insert the following new sections:
SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS
FORMULA.
(a) Study.--The Comptroller General shall conduct a study
to review the methodology that is used to determine the
expected family contribution under part F of title IV of the
Higher Education Act of 1965.
(b) Study Components.--The study conducted under subsection
(a) shall identify and evaluate the need analysis formula
under part F of title IV of the Higher Education Act of 1965
and examine the need for regional sensitivity in need
analysis. The study shall include--
(1) the factors that are used to determine a student's
expected family contribution under part F of title IV of the
Higher Education Act;
(2) the varying allowances that are made in calculating the
expected family contribution;
(3) the effects of the income protection allowance on all
aid recipients; and
(4) options for modifying the income protection allowance
to reflect the significant differences in the cost of living
in various parts of the United States.
(c) Report.--Not later than one year after the date of
enactment of this Act, Comptroller General shall report to
the authorizing committees (as such term is defined in
section 103 of the Higher Education Act of 1965 (20 U.S.C.
1003)) on the results of the study conducted under this
section.
SEC. 815. DYSLEXIA STUDY.
(a) Independent Evaluation.--The Secretary of Education
shall enter into an agreement with the Center for Education
of the National Academy of Sciences for a scientifically
based study of the quality of teacher education programs, to
determine if teachers are adequately prepared to meet the
needs of students with reading and language processing
challenges, including dyslexia. Such study shall--
(1) establish the prevalence of dyslexia and other
processing difficulties in the general population by
conducting a review of existing research and available
relevant data; and
(2) conduct a survey of institutions of higher education to
provide data on the extent to which teacher education
programs are based on the essential components of reading
instruction and scientifically valid research.
(b) Components.--The study conducted under subsection (a)
shall be designed to provide statistically reliable
information on--
(1) the number, type of courses, and credit hours required
to meet the requirements of the reading degree programs; and
(2) the extent to which the content of the reading degree
programs are based on--
(A) the essentials of reading instruction and
scientifically valid research, including phonemic awareness,
phonics, fluency, vocabulary, and comprehension; and
(B) early intervention strategies based on scientific
evidence concerning challenges to the development of language
processing capacity, specifically dyslexia, and the extent to
which such strategies are effective in preventing reading
failure before it occurs.
(c) Scope.--The National Academy of Sciences shall select
for participation in the evaluation under subsection (a) a
diverse group of institutions of higher education with
respect to size, mission, and geographic distribution.
(d) Interim and Final Reports.--The National Academy of
Sciences shall submit to the Secretary of Education, the
Committee on Health, Education, Labor and Pensions of the
Senate, and the Committee on Education and Labor of the House
of Representatives--
(1) an interim report regarding the study under subsection
(a) not later than 9 months after the award of the contract
to the Center for Education, as specified in this Act; and
(2) a final report summarizing the findings, conclusions,
and recommendations of such study not later than 18 months
after the award of such contract.
(e) Task Force.--
(1) Establishment.--Upon completion of the final report
under subsection (d)(2), the Secretary of Education shall
assemble a task force to make policy recommendations
regarding the findings of the report to the Secretary.
(2) Membership.--The membership of the task force under
this subsection shall include chief State school officers,
State reading consultants, a panel of master teachers,
national reading experts, and researchers with expertise in
the relevant fields.
(3) Public hearings.--The task force under this subsection
shall hold public hearings to provide an opportunity for
public comment on the results of the findings of the task
force.
[[Page 1722]]
SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS.
(a) Study.--The Secretary of Education shall conduct a
study--
(1) on the impact of the standard 10-year student loan
repayment term on the ability of undergraduate borrowers in
low-income areas, including Puerto Rico, to repay their loans
made under title IV, part B, of the Higher Education Act of
1965; and
(2) to examine the extent to which longer payment terms
would assist borrowers in such low-income areas in reducing
their monthly loan payments.
(b) Report.--Not later than 1 year after the date of
enactment of this title, the Secretary shall submit a report
to Congress on the results of the study required by this
section.
SEC. 817. NURSING SCHOOL CAPACITY.
(a) Findings.--The Congress finds as follows:
(1) Researchers in the field of public health have
identified the need for a national study to identify
constraints encountered by schools of nursing in graduating
the number of nurses sufficient to meet the health care needs
of the United States.
(2) The shortage of qualified registered nurses has
adversely affected the health care system of the United
States.
(3) Individual States have had varying degrees of success
with programs designed to increase the recruitment and
retention of nurses.
(4) Schools of nursing have been unable to provide a
sufficient number of qualified graduates to meet the
workforce needs.
(5) Many nurses are approaching the age of retirement, and
the problem worsens each year.
(6) In 2004, an estimated 125,000 applications from
qualified applicants were rejected by schools of nursing, due
to a shortage of faculty and a lack of capacity for
additional students.
(b) Study With Respect to Constraints With Respect to
Schools of Nursing.--
(1) In general.--The Secretary shall request the Institute
of Medicine of the National Academy of Sciences to enter into
an agreement under which the Institute conducts a study for
the purpose of--
(A) identifying constraints encountered by schools of
nursing in admitting and graduating the number of registered
nurses necessary to ensure patient safety and meet the need
for quality assurance in the provision of health care; and
(B) developing recommendations to alleviate the constraints
on a short-term and long-term basis.
(2) Certain components.--The Secretary shall ensure that
the agreement under paragraph (1) provides that the study
under such subsection will include information on the
following:
(A) The trends in applications for attendance at schools of
nursing that are relevant to the purpose described in such
subsection, including trends regarding applicants who are
accepted for enrollment and applicants who are not accepted,
particularly qualified applicants who are not accepted.
(B) The number and demographic characteristics of entry-
level and graduate students currently enrolled in schools of
nursing, the retention rates at the schools, and the number
of recent graduates from the schools, as compared to previous
years and to the projected need for registered nurses based
on two-year, five-year, and ten-year projections.
(C) The number and demographic characteristics of nurses
who pursue graduate education in nursing and non-nursing
programs but do not pursue faculty positions in schools of
nursing, the reasons therefor, including any regulatory
barriers to choosing to pursue such positions, and the effect
of such decisions on the ability of the schools to obtain
adequate numbers of faculty members.
(D) The extent to which entry-level graduates of the
schools are satisfied with their educational preparation,
including their participation in nurse externships,
internships, and residency programs, and to which they are
able to effectively transition into the nursing workforce.
(E) The satisfaction of nurse managers and administrators
with respect to the preparation and performance levels of
entry-level graduates from the schools after one year, three
years, and five years of practice, respectively.
(F) The extent to which the current salary, benefit
structures, and characteristics of the workplace, including
the number of nurses who are presently serving in faculty
positions, influence the career path of nurses who have
pursued graduate education.
(G) The extent to which the use of innovative technologies
for didactic and clinical nursing education might provide for
an increase in the ability of schools of nursing to train
qualified nurses.
(3) Recommendations.--Recommendations under paragraph
(2)(B) may include recommendations for legislative or
administrative changes at the Federal or State level, and
measures that can be taken in the private sector--
(A) to facilitate the recruitment of students into the
nursing profession;
(B) to facilitate the retention of nurses in the workplace;
and
(C) to improve the resources and ability of the education
and health care systems to prepare a sufficient number of
qualified registered nurses.
(4) Methodology of study.--
(A) Scope.--The Secretary shall ensure that the agreement
under paragraph (1) provides that the study under such
subsection will consider the perspectives of nurses and
physicians in each of the various types of inpatient,
outpatient, and residential facilities in the health care
delivery system; faculty and administrators of schools of
nursing; providers of health plans or health insurance; and
consumers.
(B) Consultation with relevant organization.--The Secretary
shall ensure that the agreement under paragraph (1) provides
that relevant agencies and organizations with expertise on
the nursing shortage will be consulted with respect to the
study under such subsection, including but not limited to the
following:
(i) The Agency for Healthcare Research and Quality.
(ii) The American Academy of Nursing.
(iii) The American Association of Colleges of Nursing.
(iv) The American Nurses Association.
(v) The American Organization of Nurse Executives.
(vi) The National Institute of Nursing Research.
(vii) The National League for Nursing.
(viii) The National Organization for Associate Degree
Nursing.
(ix) The National Student Nurses Association.
(5) Report.--The Secretary shall ensure that the agreement
under paragraph (1) provides that not later than 18 months
after the date of the enactment of this section, a report
providing the findings and recommendations made in the study
under such subsection will be submitted to the Secretary, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(6) Other organization.--If the Institute declines to
conduct the study under paragraph (1), the Secretary may
enter into an agreement with another appropriate private
entity to conduct the study.
(c) Definitions.--For purposes of this section:
(1) The term ``Institute'' means the Institute of Medicine
of the National Academy of Sciences.
(2)(A) The term ``school of nursing'' means a collegiate,
associate degree, or diploma school of nursing in a State.
(B) The terms ``collegiate school of nursing'', ``associate
degree school of nursing'', and ``diploma school of nursing''
have the meanings given to such terms in section 801 of the
Public Health Service Act.
(3) The term ``Secretary'' means the Secretary of
Education.
SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC
SERVICE.
(a) Study.--The Secretary of Education, in consultation
with the Office of Management and Budget, is authorized to
coordinate with an organization with expertise in the field
of public service, such as the National Academy of Public
Administrators or the American Society for Public
Administration, to coordinate with interested parties to
conduct a study of how student loan debt levels impact the
decisions of graduates of postsecondary and graduate
education programs to enter into public service careers. Such
study shall include--
(1) an assessment of the challenges to recruiting and
retaining well-qualified public servants, including the
impact of student loan debt;
(2) an evaluation of existing Federal programs to recruit
and retain well-qualified public servants;
(3) an evaluation of whether additional Federal programs
could increase the number of graduates of postsecondary and
graduate education programs who enter careers in public
service; and
(4) recommendations related to any potential pilot
programs, including an academy for public service, that could
be used to encourage new graduates of postsecondary and
graduate education programs to enter public service careers.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Education, in
consultation with the Office of Management and Budget, shall
submit to Congress a report related to the findings of the
study conducted under subsection (a).
Page 701, line 20, strike ``(I)''; on page 702, line 2,
strike ``or'' and insert ``and''; and strike lines 3 and 4.
Page 702, strike lines 13 through 19 and insert the
following: ``by the State that has adopted and implemented
the standards and assessments selected under subparagraph
(A)(i); and''.
Page 703, beginning on line 19, strike subparagraph (A)
through page 704, line 3, and insert the following:
(A) in paragraph (1), by striking the second sentence;
Page 704, beginning on line 9, strike ``Rochester Institute
of Technology'' and insert ``institution of higher
education''.
Page 706, strike lines 14 through 17 and insert the
following:
[[Page 1723]]
(4) in paragraph (3)(B), by striking ``of the institution
of higher education'' and all that follows through ``section
203'' and inserting ``of NTID programs and activities''.
Page 708, line 16, strike ``NTID or the University and''
and insert ``the University or the NTID,''; and on line 17,
after ``United States'' insert ``, and are not enrolled in a
degree program at the University or the NTID''.
Page 709, line 16, before the period insert the following:
``, or a country that was a developing country for any
academic year during the student's period of uninterrupted
enrollment in a degree program at the University or NTID,
except that such a surcharge shall not be adjusted
retroactively''.
Page 710, line 20, strike ``$4,825'' and insert ``$5,345''.
Page 710, lines 20 and 22, strike ``1999'' and insert
``2005''.
Page 730, line 16, strike ``or Federal''.
Page 730, beginning on line 23, strike ``, and to the
Federal Bureau of Prisons,''.
Page 731, line 14, and page 734, beginning on lines 4 and
18, strike ``and the Federal Bureau of Prisons''.
Page 731, beginning on line 19, and page 732, line 14,
strike ``or the Federal Bureau of Prisons''.
Page 733, lines 13 and 16, strike ``and Federal''.
Page 733, beginning on line 22, strike ``and Federal Bureau
of Prisons entity''.
Page 735, line 4, strike ``, the Federal Bureau of
Prisons,''.
Page 735, beginning on line 17, strike subsections (g) and
(h) through page 736, line 13, and insert the following (and
redesignate the succeeding subsection accordingly):
``(g) Allocation of Funds.--From the funds appropriated
pursuant to subsection (h) for each fiscal year, the
Secretary shall allot to each State an amount that bears the
same ratio to such funds as the total number of incarcerated
individuals in such State bears to the total number of such
incarcerated individuals in all States.
Page 748, line 25, after ``including'' insert ``off-campus
housing safety,''.
Page 749, line 16, after ``information'' insert
``(including ways to increase off-campus housing safety)''.
Page 751, after line 4, insert the following new
subsection:
(e) Sense of the House of Representatives.--It is the sense
of the House of Representatives that in order to increase
awareness of the importance of student safety in off-campus
housing that is located in the areas surrounding colleges and
universities, the following should be encouraged:
(1) The creation of chapters at colleges and universities
that aim to raise awareness of the issue of off-campus
student safety.
(2) Public awareness on the benefits of security measures
that may increase the safety of students living in off-campus
housing.
(3) Collaborative partnerships between Federal agencies,
local law enforcement agencies, non-profit organizations,
colleges and universities, and communities to disseminate
information and best practices related to off-campus housing
safety for students.
Page 751, beginning on line 5, strike section 953 and
insert the following:
SEC. 953. PRIVATE LOAN FORGIVENESS.
Notwithstanding any other provision of law--
(1) a public or private institution of higher education may
provide an officer or employee of any branch of the United
States Government, of any independent agency of the United
States, or of the District of Columbia who is a current or
former student of such institution, financial assistance for
the purpose of repaying a student loan or providing
forbearance of student loan repayment: Provided, that such
repaying or providing forbearance is provided to any such
officer or employee in accordance with a written, published
policy of the institution relating to repaying or providing
forbearance, respectively, for students or former students
who perform public service; and
(2) an officer or employee of any branch of the United
States Government, of any independent agency of the United
States, or of the District of Columbia may receive repayment
or forbearance permitted under paragraph (1).
Page 765, line 23, page 770, line 9, and page 784, line 17,
strike ``part B of''.
Page 766, line 12, and page 770, line 23, after ``credit
plan,'' insert ``a reverse mortgage transaction,''.
Page 768, beginning on line 7, strike clause (i) and insert
the following:
``(i) standard material, activities, or programs on issues
related to a loan, default aversion, default prevention, or
financial literacy, such as a brochure, a workshop, or
training;
Page 768, line 19, strike ``or''; on page 769, line 2,
strike ``and''; and after line 2 insert the following new
clauses:
``(iv) the provision of financial literacy counseling or
services to students or parents, including counseling or
services provided in coordination with a covered educational
institution, to the extent that such counseling or services--
``(I) are not undertaken to secure applications for private
educational loans or to secure private educational loan
volume;
``(II) are not undertaken to secure applications or loan
volume for any loan made, insured, or guaranteed under part B
of title IV of the Higher Education Act of 1965; and
``(III) do not promote the products or services of any
private educational lender;
``(v) philanthropic contributions to a covered institution
from a private educational lender that are unrelated to
educational loans, to the extent that such contributions are
disclosed pursuant to paragraphs (1) and (2) of section
153(a) of the Higher Education Act of 1965, if applicable; or
``(vi) State education grants, scholarships, or financial
aid funds administered by or on behalf of a State; and
Page 770, line 24, strike ``mortgage transaction,'' and
insert ``mortgage transaction (as those terms are defined in
section 103 of the Truth in Lending Act),''.
Page 774, strike lines 13 and 14 and insert the following:
(ii) by inserting ``128(e)(8), or'' after ``125,''; and
Page 778, line 20, after the period insert the following:
``The form of such written acknowledgment shall be subject to
the regulations of the Board.''.
Page 781, beginning on line 19, strike paragraph (4) and
insert the following:
``(4) Institutional certification required.--Before a
creditor may issue any funds with respect to an extension of
credit described in paragraph (1), the creditor shall obtain
from the relevant institution of higher education such
institution's certification of--
``(A) the enrollment status of the borrower;
``(B) the borrower's cost of attendance at the institution
as determined by the institution under part F of title IV of
the Higher Education Act of 1965; and
``(C) the difference between the borrower's cost of
attendance and the borrower's estimated financial assistance
received under title IV of the Higher Education Act of 1965
and other assistance known to the institution.
Page 784, before line 1, insert the following new paragraph
(and redesignate the succeeding paragraph accordingly):
``(9) Provision of information.--On or before the date a
creditor issues any funds with respect to an extension of
credit described in paragraph (1), the creditor shall notify
the relevant institution of higher education, in writing, of
the amount of the extension of credit and the student on
whose behalf credit is extended. The form of such written
notification shall be subject to the regulations of the
Board.
Page 785, line 10, strike ``mortgage transaction,'' and
insert ``mortgage transaction (as those terms are defined in
section 103 this Act),''.
The CHAIRMAN. Pursuant to House Resolution 956, the gentleman from
California (Mr. George Miller) and a Member opposed each will control
10 minutes.
The Chair recognizes the gentleman from California.
Mr. GEORGE MILLER of California. I yield myself 1 minute.
I want to thank Mr. McKeon and the minority for working on this
manager's amendment. With this, it makes additional changes to the Pell
Grant program, additional changes to strengthen the TRIO and GEAR UP
programs, adds a master's program for the Historical Black Colleges and
Universities, and includes changes to encourage colleges and
universities to adopt energy efficient sustainable practices in their
campuses, and it enhances teacher training and development so we can
place qualified teachers in every classroom.
It is a bipartisan amendment that has been worked on by the staffs
and Members on both sides of the aisle in the committee and Members of
the House, and I urge its passage.
Mr. McKEON. Mr. Chairman, I claim the time in opposition, but I am
not opposed to the amendment.
The CHAIRMAN. Without objection, the gentleman from California is
recognized for 10 minutes.
There was no objection.
Mr. McKEON. Mr. Chairman, from the outset of this process, Chairman
Miller has recognized that by working together we can make this bill
stronger. Just as he worked with us on the underlying bill, he also
invited our input and involvement in the development of this manager's
package. I believe the amendment is stronger because of it, and I want
to thank him for his bipartisanship.
Anyone who has studied the college cost issue recognizes that there
are no easy or obvious solutions. It has taken 5 years of refining to
produce the proposal we are voting on here today.
When this process began, we identified three key principles to guide
our
[[Page 1724]]
proposals. First, we saw the need for sunshine and transparency in
college costs. Students and families do not have access to accurate,
useful, and comparable information about college costs.
Second, we recognized that colleges and universities were not being
held accountable to consumers. There were no consequences for schools
that engaged in massive unexplained tuition increases year after year.
Third, in our effort to identify solutions, it became abundantly
clear that Congress could not do it alone. We realized that all
stakeholders must come together. That includes the Federal Government,
State government and local communities, institutions of higher
education, students, and parents.
States have scaled back their investment in higher education, and the
Federal Government has been expected to make up the difference. While
some of the details have changed over time, the bill before us adheres
to these same three principles.
I want to thank Chairman Miller for allowing me to take the lead on
these college cost provisions. After years of listening to
stakeholders, seeking the advice of experts, and studying potential
unintended consequences, I believe this proposal strikes the right
balance on the cost issue.
I also want to thank Chairman Miller for working with me to prevent
this bill from limiting access for low-income, first-generation, and
nontraditional students. An amendment offered during committee
consideration of the bill changed the way cohort default rates are
calculated. While the proposal did spur an important conversation about
how to get a more accurate understanding of default rates in order to
protect students and taxpayers, the consequences of the proposal would
have done far more damage than was intended. I am pleased that, in this
manager's amendment, we were able to forge a compromise that achieves
our goal of a more accurate cohort default rate calculation without
putting financial aid in jeopardy for the students who need it most.
On these and other issues, Chairman Miller has worked closely with me
to ensure the final bill reflects the priorities of Members on both
sides of the aisle. I thank him for his willingness to cooperate, and I
urge the majority to continue this spirit of cooperation to address
other flaws that remain in the bill, so that when this legislation is
signed into law, it is as strong as it can be.
Mr. Chairman, I reserve the balance of my time.
{time} 1345
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1 minute to
the gentleman from Illinois (Mr. Davis), a member of the committee.
Mr. DAVIS of Illinois. I want to commend the committee, especially
Chairman Miller, Ranking Member McKeon, and all of the members,
actually, of the committee, for such an outstanding bill.
In particular, I want to thank the committee for its consideration of
items and issues of particular interest to me, students with
disabilities, the handling of Pell Grants and student loans, veterans
and their needs, especially those who are returning, and the efforts to
strengthen the Historically Black Colleges and Universities so that
those institutions can have master's degree programs that allow
students access to them. It's an outstanding bill; and, again, I
commend Chairman Miller and Ranking Member McKeon for an outstanding
piece of legislation.
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Mr. Chairman, I yield 1\1/2\ minutes
to the gentlewoman from California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Chairman, last year Congress passed a
budget reconciliation bill that allows servicemembers to get a
deferment on their student loans when they are activated, but that
particular deferment only applies to repayment of the principle and
existing interest on these loans. It does not prevent new interest from
accruing while our servicemembers are on active duty.
One Reservist told me that while he was granted a deferment on his
loan, he was told that the interest would continue to accrue while he
was away and would be added on to his loan when he returned.
Servicemembers such as this Reservist already have enough to worry
about when they are called to active duty without this added burden.
This amendment will cover all active duty servicemembers, including
Reserve units and the National Guard.
According to CRS estimates, this will help the average servicemember
save between $1,200 and $1,500 over the course of a 12- to 15-month
activation period, with even more savings for those activated for
longer periods.
In addition, and the best part, the CBO scored this amendment and
found that it will not cost the American taxpayer any significant
amount.
I urge my colleagues to support this amendment.
Mr. McKEON. Mr. Chairman, I yield myself such time as I may consume.
We are here today addressing the college cost crisis, a problem that
has reached epic proportions in this country. There are many who
believe, me among them, that we should never have allowed this
challenge to reach a crisis point.
I am pleased to be acting today, but this bill serves as a reminder
that Congress often fails to recognize challenges in our higher
education system and act quickly to solve them. I am afraid we may be
making the same mistake by failing to recognize the brewing problems in
our Federal student loan programs.
Since 2006, Congress has cut nearly $30 billion from the Federal
Family Education Loan Program. While many of these reforms were needed
to improve program efficiency, I am afraid we may have gone too far,
cutting not just the fat but straight through to the bone.
The impact of these cuts has yet to be fully realized; but already
borrower benefits have been curtailed, lenders have left the program,
and workers have lost their jobs. The consequences of program cuts are
being exacerbated by a crunch in our financial markets that has
produced a loss of liquidity, an increase in financing costs, and
uncertainty about the future viability of the Federal loan program.
Just a few short months into this time of market turmoil, already
1,200 jobs have been lost and eight lenders have left the Federal
student loan program or severely limited participation. This includes
the departure of the seventh largest lender in the program. Major
lenders have significantly scaled back or ended their borrower benefit
programs.
Mr. Chairman, I am afraid this is only the tip of the iceberg. I had
hoped to offer an amendment today that would help ensure Congress does
not ignore these challenges until they, too, reach a crisis point.
My amendment was nothing more than a sense of Congress, but I believe
it would have signaled our commitment to averting a student loan crisis
before it happens. Unfortunately, I was blocked by the majority from
offering this amendment. It seems we have not yet learned from past
mistakes.
Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from California (Mr. Honda).
Mr. HONDA. Mr. Chairman, I rise today in support of the College
Opportunity and Affordability Act. For decades, increases in college
tuition have outpaced inflation, posing financial challenges to many
students and families.
As a former teacher, school principal and school board member, I am
committed to providing our students with greater access to a higher
education, thereby ensuring that America remains competitive in the
global economy. Having well-trained teachers in our classrooms is
essential to preparing our children for the jobs of tomorrow.
It is estimated that over 2 million new teachers will be needed in
the next 10 years. H.R. 4137 provides individuals seeking a rewarding
career in teaching more opportunities to enroll in high-quality teacher
preparation programs.
[[Page 1725]]
This legislation will enhance the teacher workforce by establishing
Centers of Excellence in teacher training and providing grants to
community colleges to establish or improve teacher preparation and
professional development programs. H.R. 4137 will also help improve
reading for as many as 10 million struggling readers.
During my tenure as a school administrator, I successfully
established a program for students with dyslexia. Central to this
program was the specialized training every teacher received on how to
address the needs of students with reading difficulties.
After more than 20 years, there still appears to be a gap between
what is known about effective reading structure and how teachers are
being trained. H.R. 4137 includes provisions to expose this gap by
examining the quality and extent to which teacher training programs are
based on the recommendations of the congressionally requested National
Reading Panel.
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Altmire).
Mr. ALTMIRE. Mr. Chairman, I want to take a moment to highlight a few
aspects of this bill that I worked to include. During committee
consideration of the bill, I offered and passed an amendment to
encourage colleges and employers to form partnerships that identify
high-demand occupations and create educational pathways for students to
pursue them.
These partnerships will help students succeed in the job market and
provide local businesses with the skilled workers they need to grow.
This bill also includes my legislation that requires the Department of
Education to forgive the student loans of veterans who are determined
to be totally and permanently disabled by the VA.
This will end the duplicative and burdensome process that disabled
veterans currently must endure. It also includes my legislation to
provide grants for teacher preparation courses at minority-serving
institutions to help them recruit and prepare the teachers of tomorrow.
This legislation will expand our teaching pipeline and improve the
diversity of our Nation's teachers and teaching force. The College
Opportunity and Affordability Act significantly improves our higher
education system, and I encourage my colleagues to support it.
Mr. McKEON. May I inquire of the time remaining.
The CHAIRMAN. The gentleman from California has 4 minutes, and the
gentleman from Texas has 4\1/2\ minutes.
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Inslee).
Mr. INSLEE. Mr. Chairman, I am pleased to have helped add a little
green idea to our higher education bill. I want to thank Chairman
Miller for incorporating an idea that I have proposed into this
manager's amendment, which will really help colleges in some of the
terribly exciting work they are doing to green up their campuses.
I visited Plymouth State University in New Hampshire a while back,
which has built the Langdon Woods dormitory. It's a 100,000 square-foot
dormitory. It's a beautiful dorm, and they are saving enormous amounts
of energy because they built it green with good insulation, co-
generation, triple-pane windows. It's a great idea.
We have an amendment that has been incorporated that is going to help
colleges move forward in three ways. First, it will call for those who
use these Federal funds for the colleges to meet or exceed minimum
energy efficiency standards for their new renovations or construction
as developed by the American Society of Heating, Refrigerating and Air-
Conditioning Engineers, two other ways we are going to do it.
Congratulations to these colleges.
Mr. McKEON. Mr. Chairman, I yield 2 minutes to the ranking member on
the subcommittee, Mr. Castle from Delaware.
Mr. CASTLE. I thank the distinguished ranking member for yielding.
Mr. Chairman, I am very pleased to rise in support of the legislation
and to rise in support of the manager's amendment.
I hope that everybody who supports considering this bill today is
paying attention to what I think all of us are hearing at home, and
that is that the cost of college education is going up faster, as the
cost of living increases, than anything, including health care; that is
a vital part of our economy; that if we do not produce good college
graduates and graduate students beyond that, that we will be hurt
greatly from an economic point of view; and that we need to address
these issues.
I think this legislation, which was forged with the help of
Republicans and Democrats, with amendments by Republicans and
Democrats, is balanced legislation and serves the purpose of dealing
with looking closely at college costs and asking them to pay attention
to it.
We have had a number of hearings about this; and some have produced
good testimony, some have produced sort of marginal testimony in terms
what could be done. In my view, this legislation is a big step forward
in addressing that issue. I know all the college presidents and boards
mean well, but the bottom line is they have to serve well too. They
have to make sure that college is affordable to as many people as
possible.
I will be involved in several of the amendments later on, but the
basic underlying structure of what we are trying to do here today is of
great importance to the entire educational and economic future of our
country. I hope that all of us can be as supportive as possible of the
legislation and of the manager's amendment.
Mr. HINOJOSA. Mr. Chairman, I yield 1 minute to my friend and
colleague from the great State of Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I appreciate the gentleman's courtesy in permitting
me to speak on this; and I particularly appreciate the chairman, Mr.
Miller, and the Ranking Member, Mr. McKeon having incorporated into
this legislation the committee work that we have been doing for the
last several years dealing with sustainability in higher education.
I would like this provision to be named after the late Debbie
Murdock. She was a leader at Portland State University with whom I
worked who tragically left us far too soon, to make sure that we have
equipped, to have strong sustainability programs. This is the wave of
the future. This is where the jobs are to be found.
This is what our companies need to be competitive in a world of
global warming and climate change. Only 30 percent of these companies
say, they have the people with the skills and information and personnel
to meet the environmental, sustainability challenge. This provision
will enable colleges to develop sustainability programs, and to
implement those sustainability programs, to have the appropriate
evaluation to know what works.
I hope this is the tip of the iceberg for programs we can work on in
the future. I look forward to working with the chairman, looking
forward to working with my friend, the subcommittee Chair and our
friends on the otherside of the aisle like Mr. McKeon and Mr. Ehlers on
this critical bipartisan legislation.
{time} 1400
Mr. McKEON. Mr. Chairman, I reserve the balance of my time.
Mr. HINOJOSA. Mr. Chairman, I am pleased to recognize the gentleman
from Minnesota (Mr. Walz) for 1\1/2\ minutes.
Mr. WALZ of Minnesota. Mr. Chairman, I say a special thank you to
Chairman Miller and the ranking member. As a lifelong educator and a
teacher in the classroom for 20 years, the understanding and the work
that has been put into this piece of legislation is something that I
think we can all be very proud of. It takes in and understands the
investment in America's future comes in education.
I would like to make one comment. One of the issues that doesn't come
up very often in the cost of college expenses is the cost of textbooks.
It runs
[[Page 1726]]
about $900 for an average student. One of the problems we've seen is
small changes in textbooks that require students to buy new ones each
and every year. There was a very important person in my district, Jared
Stene, who was the president of the Winona State University Student
Senate. Jared worked for years tirelessly on this issue to bring about
some transparency in how textbooks are marketed. Unfortunately, Jared
passed away unexpectedly over Thanksgiving, and I thank the chairman
for giving me the opportunity and for the work he did in the committee
to address this very issue.
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentleman
yield?
Mr. WALZ of Minnesota. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. I just wanted to say that we did
respond in this manager's amendment by making this process more
transparent, encouraging greater communication and cooperation between
the students, faculty, college bookstores, and publishers in providing
an accurate description of what the revisions in the textbooks, what
the new edition really means.
Very often we have been told by students and faculty and those
concerned with this, as you are, that sometimes these changes are de
minimis, but you have to have the new textbook; you can't use a used
textbook.
We think this will be an improvement, and I thank you so much for
hounding the committee on this subject. I think this is the beginning
of increased transparency and concentration on this problem of rising
textbook and educational material cost increases.
Mr. WALZ of Minnesota. I thank the chairman.
Mr. HINOJOSA. Madam Chairman, how much time remains?
The Acting CHAIRMAN (Ms. DeGette). The gentleman from California has
2 minutes remaining. The gentleman from Texas has 1 minute remaining.
Mr. HINOJOSA. I reserve the balance of my time to close.
Mr. McKEON. If the gentleman is prepared to close, I am in strong
support of the manager's amendment, and I yield back the balance of my
time.
Mr. HINOJOSA. Madam Chairman, it is an honor to be able to close this
debate on the higher education bill, one that is going to be one of the
most meaningful pieces of legislation that I have participated in,
together with our chairman, George Miller, and with our good friend,
Buck McKeon from California, who has been a real gentleman and a great
leader in higher education.
I believe that this will open the doors to so many men and women
throughout the country. It will raise the level of education attainment
in many regions of the country. All I can say is we are delighted that
we can be working with leaders of the quality of Buck McKeon and Mike
Castle, and many others on the other side of the aisle.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. George Miller).
The amendment was agreed to.
Amendment No. 2 Offered by Mr. Mc Keon
The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in House Report 110-523.
Mr. McKEON. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. McKeon:
At the end of title VIII, add the following new section:
SEC. 814. FEDERAL REGULATION OF HIGHER EDUCATION REPORT.
(a) Analysis of Federal Regulations on Institutions of
Higher Education.--The Secretary of Education shall contract
with the National Research Council of the National Academies
to conduct a study to ascertain the amount and scope of all
Federal regulations and reporting requirements with which
institutions of higher education must comply. The study shall
include information describing--
(1) by agency, the number of Federal regulations and
reporting requirements affecting institutions of higher
education;
(2) by agency, the estimated time required and costs to
institutions of higher education (disaggregated by types of
institutions) to comply with the regulations and reporting
requirements as required in (a)(1); and
(3) by agency, recommendations for consolidating,
streamlining, and eliminating redundant and burdensome
Federal regulations and reporting requirements affecting
institutions of higher education.
(b) Submission of Report.--The Secretary shall submit the
report required by subsection (a) to the authorizing
committees (as such term is defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003)) not later than
18 months after the date of enactment of this Act.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from California (Mr. McKeon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. McKEON. Madam Chairman, I yield myself such time as I may
consume.
Before this reauthorization even began, I was involved in an
innovative, bipartisan effort known as the FED UP project that laid the
groundwork by reducing red tape, eliminating outdated rules, and
streamlining Federal financial aid programs.
The late Representative Patsy Mink and I joined together to solicit
input from the higher education community to increase the effectiveness
of our Federal financial aid programs by cutting through the red tape
and regulations. We did this because over the years, colleges and
universities have become subject to an increasing level of Federal
regulation. Unfortunately, when new regulations are layered on top of
the old, we often end up with duplication and confusion.
Today, as we contemplate another set of new programs, regulations,
and requirements, I believe we need to renew that commitment to less
red tape. That's why I am proposing a comprehensive study of the
regulations that impact higher education. Under my plan, the National
Research Council will undertake a governmentwide review to identify
regulations that are duplicative and unnecessary.
Particularly in a bill with so many duplicative and unnecessary new
programs, there is a danger that we may be exacerbating the college
cost crisis by burdening colleges and universities with excessive new
reporting and compliance costs. With this study, I hope we can move in
a different direction.
I urge my colleagues to support this amendment.
I reserve the balance of my time.
Mr. HINOJOSA. Madam Chairman, I rise in support of the McKeon
amendment.
The Acting CHAIRMAN. Without objection, the gentleman from Texas is
recognized for 5 minutes.
There was no objection.
Mr. HINOJOSA. I wish to give 30 seconds to the gentleman from
California (Mr. George Miller).
Mr. GEORGE MILLER of California. Madam Chairman, I also rise in
support of this amendment and commend Mr. McKeon. He has been working
on this for a considerable period of time.
I think it makes sense even more so now, it was envisioned in an
earlier reauthorization, because it will include the programs that
survive the conference committee and become law. It will also compare
those new programs against existing programs, and I ask our colleagues
to support this amendment.
Mr. HINOJOSA. Madam Chairman, I yield back the balance of my time.
Mr. McKEON. Madam Chairman, I wish to thank Chairman Miller and
Chairman Hinojosa for their support and for the hard work that they
have put into this bill, and let them know how much I have appreciated
working with them not just on this bill but over the years. And I hope
that all of our colleagues will support this amendment.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. McKeon).
The amendment was agreed to.
[[Page 1727]]
Amendments En Bloc Offered by Mr. Hinojosa
Mr. HINOJOSA. Madam Chairman, I offer amendments en bloc.
The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
Amendments en bloc consisting of amendment Nos. 3, 8, 20,
14, and 15 printed in House Report 110-523 offered by Mr.
Hinojosa:
Amendment No. 3 Offered by Mr. Kildee
The text of the amendment is as follows:
Page 206, line 18, strike ``Allotment of Remaining Funds''
and insert ``Allocation of Funds''.
Page 206, line 20, strike ``subsection'' and insert
``subsections'', and after line 20 insert the following new
subsection (and redesignate the succeeding subsection
accordingly):
``(e) Construction Grants.--
``(1) In general.--Of the amount appropriated to carry out
this section for any fiscal year, beginning with fiscal year
2009, the Secretary may reserve 30 percent of such amount for
the purpose of awarding 1-year grants of not less than
$1,000,000 to address construction, maintenance, and
renovation needs at eligible institutions.
``(2) Preference.--In providing grants under paragraph (1)
for any fiscal year, the Secretary shall give preference to
eligible institutions that have not received an award under
this section for a previous fiscal year.
Amendment No. 8 Offered by Mrs. Davis of California
The text of the amendment is as follows:
After section 453 of the bill, insert the following new
section (and redesignate the succeeding section accordingly):
SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE
MEMBERS.
(a) Amendment.--Section 455 (20 U.S.C. 1087e) is further
amended by adding at the end the following:
``(o) No Accrual of Interest for Active Duty Service
Members.--
``(1) In general.--Notwithstanding any other provision of
this part, and except as provided in paragraph (3), interest
shall not accrue for an eligible borrower on a loan made
under this part that is disbursed on or after October 1,
2008.
``(2) Consolidation loans.--In the case of any
consolidation loan made under this part that is disbursed on
or after October 1, 2008, interest shall not accrue pursuant
to this subsection only on such portion of such loan as was
used to repay a loan made under this part that was disbursed
on or after October 1, 2008.
``(3) Eligible borrower.--In this subsection, the term
`eligible borrower' means an individual who--
``(A)(i) is serving on active duty during a war or other
military operation or national emergency; or
``(ii) is performing qualifying National Guard duty during
a war or other military operation or national emergency; and
``(B) is serving in an area of hostilities in which service
qualifies for special pay under section 310 of title 37,
United States Code.
``(4) Limitation.--An individual who qualifies as an
eligible borrower under this subsection may receive the
benefit of this subsection for not more than 60 months.''.
(b) Consolidation Loans.--Section 428C(b)(5) (20 U.S.C.
1078-3(b)(5)) is amended by inserting after the first
sentence the following: ``In addition, in the event that a
borrower chooses to obtain a consolidation loan for the
purposes of using the no accrual of interest for active duty
service members program offered under section 455(o), the
Secretary shall offer a Federal Direct Consolidation loan to
any such borrower who applies for participation in such
program.''.
Amendment No. 20 Offered by Mr. Inslee
The text of the amendment is as follows:
Page 365, after line 11, insert the following:
SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS.
It is the sense of Congress that--
(1) the Federal Perkins Loan Program, which provides low-
interest loans to help needy students finance the costs of
postsecondary education, is an important part of Federal
student aid, and should remain a campus-based aid program at
colleges and universities; and
(2) in order to strengthen the Federal Perkins Loan
Program, the Federal Government should support increased
funds to the Program and restore the capital contribution
funds for the Program, to provide more low-income students
with affordable borrowing options.
Page 512, strike lines 4 through 7 and insert the
following:
``(e) Prohibition.--No funds made available under this part
may be used to provide financial assistance--
``(1) to students who do not meet the requirements of
section 484(a)(5); or
``(2) to any institution of higher education after the date
of enactment of this subsection unless the institution
demonstrates to the Secretary that the institution meets or
exceeds the most current version of ASHRAE/IES Standard 90.1
(as such term is used in section 342(a)(6) of the Energy
Policy and Conservation Act (42 U.S.C. 6313(a)(6)) for any
new facilities construction or major renovation of that
institution after that date, except that this paragraph shall
not apply with respect to barns or greenhouses or similar
structures owned by the institution.''.
Page 658, line 22, after ``energy management,'' insert
``greenhouse gas emissions reductions,''.
Page 661, line 15, after ``energy management,'' insert
``greenhouse gas emissions reductions,''.
Amendment No. 14 Offered by Mr. Lantos
The text of the amendment is as follows:
Page 490, after line 13, insert the following new
subsection:
(g) Additional Technical Amendments.--
(1) Section 711(a)(1) (20 U.S.C. 1135(a)) is amended by
inserting ``(including a masters degree)'' after ``leading to
a graduate degree''.
(2) Section 712(a)(1) (20 U.S.C. 1135a(a)(1)) is amended by
inserting ``(including a masters degree)'' after ``leading to
a graduate degree''.
(3) Section 713 (b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)) is
amended by inserting ``at the institution'' before the
semicolon at the end.
Amendment No. 15 Offered by Mr. Edwards
The text of the amendment is as follows:
Page 63, after line 17, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY AND DEPENDENTS.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this
Act) the following new section:
``SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED
FORCES ON ACTIVE DUTY AND DEPENDENTS.
``(a) Requirement.--A member of the armed forces on active
duty for a period of more than 30 days whose domicile or
permanent duty station is in a State, and the dependents of
such a member, may not be charged tuition for attendance at a
public institution of higher education in that State at a
rate that is greater than the rate charged for residents of
that State.
``(b) Continuation.--If a member of the armed forces, or a
dependent of a member, pays tuition at a public institution
of higher education in a State at a rate determined by reason
of subsection (a), the provisions of subsection (a) shall
continue to apply to such member or dependent while
continuously enrolled at that institution, notwithstanding a
subsequent change in the permanent duty station of the member
to a location outside the State.
``(c) Effective Date.--This section shall take effect at
each public institution of higher education in a State at the
beginning of the first period of enrollment at that
institution that begins more than 90 days after the date of
enactment of the Military Child College Affordability Act.
``(d) Definitions.--For purposes of this section:
``(1) State.--The term `State' has the meaning given that
term in section 103 of this Act.
``(2) Military definitions.--The terms `armed forces' and
`active duty for a period of more than 30 days' have the
meanings given those terms in section 101 of title 10, United
States Code.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Texas (Mr. Hinojosa) and the gentleman from California (Mr.
McKeon) each will control 5 minutes.
The Chair recognizes the gentleman from Texas.
Mr. HINOJOSA. Madam Chairman, I wish to recognize the chairman of the
Subcommittee on Elementary and Secondary Education, the Honorable
Congressman Dale Kildee, for as much time as he may consume.
Mr. KILDEE. Madam Chairman, I want to thank Chairmen Miller and
Hinojosa and Ranking Members McKeon and Keller for reporting this fine
bill out of committee by a vote of 45-0.
It was 10 years ago that Mr. McKeon and I managed the reauthorization
of this bill, and that was a labor of love during that time, and I
think we are going to have a great bill here again today. I remember
those 10 years ago very fondly.
This amendment clarifies that the Secretary of Education may continue
to set aside a percentage of the funds appropriated for tribally
controlled colleges and universities for a competition for grants for
facilities at TCCUs. Since 2002, the secretary has conducted this
competition pursuant to appropriations language.
My amendment will ensure that these colleges have the resources they
need to invest in their infrastructure.
[[Page 1728]]
That is why this competition has been so important to all the TCCUs. My
amendment is strongly supported by the American Indian Higher Education
Consortium and the National Education Association, and I urge my
colleagues to support this amendment.
At this time I would like to yield to the gentlewoman from Kansas
(Mrs. Boyda).
The Acting CHAIRMAN. Who is controlling the time on behalf of the
amendment?
Is the gentleman from Michigan controlling the time?
Mr. KILDEE. I am controlling the time at this time and I yield to her
such time as she may consume.
Mrs. BOYDA of Kansas. Madam Chairman, I rise today to ask my esteemed
colleagues for their enthusiastic support for an amendment that
Representative Chet Edwards and I are offering.
Quite simply, this amendment makes certain that children and
dependents of active service duty members can afford higher education.
It guarantees in-State tuition for the dependents of military family
members, and it ensures that these students may maintain their in-State
rates even if a parent or guardian is reassigned out of State.
In Kansas, we have always believed that everyone who works hard
should have the chance to succeed. Kansans believe that education
should open doors, not close them. Education should create
opportunities. Requiring military dependents to pay out-of-State
tuition leaves military students, the children of our Nation's heroes,
sometimes with debt as far as the eye can see.
I am proud that my State of Kansas, like many others, extends both
benefits to military dependents. But now Congress must act to support
servicemembers in all 50 States. All but five States in America offer
in-State tuition to military dependents, and all but 17 preserve those
in-State rates even if a loved one is reassigned.
Military parents, like all parents, want a high-quality and
affordable education for their children. Due to the nature of their
jobs, which often requires frequent moves, military families are too
often faced with the extra challenge of making sure their children
receive an affordable education without endlessly transferring schools.
Our country's servicemembers are making the ultimate sacrifice for
us. It is our duty to do everything within our power to help them take
care of their loved ones. We must help them serve with a clear mind,
unworried about the financial security and educational futures of their
children. The very last thing a soldier needs to worry about while
navigating the streets of Baghdad is whether his or her child can pay
for college.
I rise today to ask my esteemed colleagues for their enthusiastic
support for the children of these heroes of our Nation's military.
{time} 1415
Mr. McKEON. We are discussing all four amendments at this time en
bloc?
The Acting CHAIRMAN. The gentleman is advised that there are five
amendments en bloc: No. 3, Kildee; No. 8, Davis; No. 14, Lantos; No.
15, Edwards; and No. 20, Inslee.
Mr. McKEON. Madam Chairman, I rise to claim the time in opposition,
although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. McKEON. Madam Chairman, I support the amendments, with a couple
of caveats. The Inslee amendment, while we are not objecting to this
amendment, we do have some concerns about the consequences of the
amendment. The requirement that these sustainability grants provide for
greenhouse gas emissions reductions will increase operating costs for
colleges and universities. If that happens, the result will be still
higher tuition and fees for students at a time when we're trying to
lower the cost of the higher education.
And some comments on the Susan Davis amendment. I appreciate the
amendment. I served with Mrs. Davis on the Armed Services Committee,
and I appreciate her efforts. There are some questions that I do have.
First, what her amendment does, it says that an individual that is
serving on active duty during a war, performing qualifying National
Guard duty during a war, military operation or national emergency and
is serving in the area of hostilities in which service qualifies for
special pay, I'm hopeful that that includes everyone that we're trying
to reach in the service, and I'm not sure that that is totally
inclusive for what she's trying to cover.
And then the next concern I have is that the borrower must have
obtained their loan through the government-run direct loan program.
Currently, the direct loan program only provides about 20 percent of
the loans, so that would mean that if one of these military personnel
got their loan through one of the other programs, they would be
excluded from this. I believe her intention would be to grant this
benefit to all serving in the military in wartime. So I'm hopeful that
we can clean that up, make changes in that during the conference,
because I believe that that's probably her intent on that.
And, finally, I would like to also say to my good friend, Mr. Kildee,
the 10 years have gone quickly. But he looks just as young as he did 10
years ago, and I appreciated working with him then, as I do now.
Madam Chairman, I yield back the balance of my time.
Mr. KILDEE. Madam Chairman, I yield to the gentlewoman from Ohio
(Mrs. Jones) for a unanimous consent request.
Mrs. JONES of Ohio. I thank the gentleman for yielding.
Madam Chairman, I rise in support of H.R. 4137, the College
Opportunity and Affordability Act of 2007, as reported by the Education
and Labor Committee under the able leadership of the gentlemen from
California, Chairman Miller and Ranking Member McKeon.
I want to commend the chairman specifically for including in the bill
a provision requiring the Government Accountability Office to examine
the impact that law school accreditation requirements and other factors
have on the costs of law school and student access to law school,
including the impact of such requirements on racial and ethnic
minorities. I would also like to thank my colleague Representative
Bobby Scott for his efforts to have this amendment included.
This provision is important and timely in light of a 15 year decline
in minority law school enrollment documented by a Columbia Law School
web site created in conjunction with the Society of American Law
Teachers. As described in the National Law Journal and other
publications, the site uses 12 graphs and nearly 200 data points to
illustrate an 8.6 percent drop in law school enrollment among African
American and Mexican American students between 1992 and 2006. This
disturbing trend has occurred even while overall law school enrollment
numbers have increased and admissibility indicators for minority
applicants have improved.
in addition, 2007 statistics from the Law School Admissions Council
suggest that high shutout rates may be discouraging African American
and Mexican American students from applying to law school in the first
place; data show that the number of African American and Mexican
American applicants has fallen significantly since 2004.
One certain factor in the trend is the over-reliance of law schools
and accreditors on L.S.A.T. scores as an admissions criterion and I
expect the GAO study to bear that out.
In the meantime, Madam Chairman, this trend threatens great harm to
minority and disadvantaged communities throughout the United States
where the consequences will include reduced access to quality legal
services and less economic opportunity and empowerment. It is therefore
critical that Congress understand and take active steps to counteract
the various factors that have contributed to the decline.
Realizing the promise of ``equal justice under the law'' requires
that we ensure equal opportunity to legal education for students who
come from, and intend to serve, our Nation's neediest communities.
Despite the remarkable progress that has been made, many obstacles to
opportunity remain. We cannot stand idle as minority
underrepresentation in the legal profession increases.
So, as we await the results of the GAO study, I respectfully urge my
colleagues on the Education Committee to conduct hearings that will
illuminate the problem, its causes, and expert recommendations for
alleviating it.
[[Page 1729]]
In closing, I will insert into the Record the aforementioned
articles. There are current efforts underway by members of the
Congressional Black and Hispanic Caucuses to formally request a hearing
on this subject and to urge the ABA Section of Legal Education to adopt
law school accreditation standards that are consistent with the goal of
increasing minority representation in the legal profession.
Madam Chairman, I urge my colleagues to support the bill.
[From the National Law Journal, Jan. 21, 2008]
Minority Enrollment Is Faltering
(By Leigh Jones)
A web site recently established by an elite law school
paints a dismal picture of enrollment among certain minority
groups in law schools generally--a picture that may well
become still bleaker.
Enrollment of blacks and Mexican-Americans has fallen by
8.6% in the past 15 years, according to a Web site created by
Columbia Law School and the Society of American Law Teachers
(SALT).
The decline has occurred as applications to law schools
among those two groups have remained constant and as law
school enrollment overall has increased since 1992.
With law schools continuing to revere U.S. News & World
Report rankings and with anti-affirmative action initiatives
possibly being on the ballot in five states in November, it
appears that the situation may only worsen.
``It's not a pipeline problem,'' said Conrad Johnson,
clinical professor of law at Columbia. Johnson and two law
students working with the school's Lawyering in the Digital
Age Clinic helped create the Web site, along with SALT. He
said that the statistics, compiled from information provided
by the Law School Admission Council, dispute the notion that
the low enrollment numbers among blacks and Mexican-Americans
are due to dwindling applications from those groups.
Eye on rankings
From 1992 to 2006, the number of blacks and Mexican-
Americans enrolled in the nation's law schools accredited by
the American Bar Association (ABA) fell from 3,937 to 3,595.
During that same time period, the number of ABA accredited
law schools grew from 176 to 195.
Johnson acknowledged an uptick in African-American
enrollment in 2006, the biggest increase in 10 years, but he
said that a combination of both groups showed a continuous
decline during the 15-year period.
Vernellia Randall, a professor at University of Dayton
School of Law and creator of the The Whitest Law School
Report, said that law schools, concerned about their U.S.
News & World Report rankings, are requiring higher scores
from applicants on the Law School Admission Test (LSAT),
which has resulted in lower admission numbers among people
from the two minority groups.
In the rankings, a school's median LSAT score is part of a
larger score designed to measure a school's selectivity in
choosing applicants who enter an incoming class. Selectivity
accounts for 25% of a school's ranking.
The Columbia Law School Web site notes that LSAT and grade-
point average scores have increased among African-American
and Mexican-American applicants. But more demanding
requirements from law schools continue to outpace
improvements in scores, Randall said.
``It's going to get a whole lot worse before it gets
better,'' she said.
U.S. News & World Report does not include diversity as one
of the factors in the rankings, but it does publish a
separate ranking of law schools that have high minority
enrollment numbers. Revamping the general law school rankings
to include diversity as a factor would be difficult, said
Robert Morse, director of data research at U.S. News & World
Report.
Not only would the standard need to account for the
difference in minority populations in various parts of the
country, but the rankings would require a value judgment
regarding which minority groups' enrollment ``improved'' a
school, he said.
Part of the concern about the low numbers relates to
efforts in five states to ban race- and gender-based
preferences. Arizona, Colorado, Missouri, Nebraska and
Oklahoma all have initiatives under way to place questions on
November ballots that would end programs that increase
minority and female numbers in education and in government.
The effort is led by Ward Connerly, president of the American
Civil Liberties Institute, which led successful efforts to
ban such preferences in California, Michigan and Washington.
``Preferences are morally wrong,'' said Connerly, who is
black.
The U.S. Supreme Court ruled in 2003 in Grutter v.
Bollinger, 539 U.S. 306, that the University of Michigan Law
School's race-preference admissions policy served a
compelling interest in maintaining a diverse student body.
Marquette University Law School Dean Joseph Kearney said
his school relies heavily on affirmative action to recruit
minorities. Marquette was ranked No. 8 among Randall's latest
ranking of the "Whitest Law Schools." Its student body is
89.5% white, with black enrollment equaling 2.7% and Mexican-
Americans making up 0.7%, according to the 2007 ABA Official
Guide to ABA Approved Law Schools.
Kearney, who challenges the validity of Randall's list,
attributes his school's low numbers to competition from its
state competitor, University of Wisconsin Law School, which
has lower tuition and is aggressive on minority recruitment.
____
[From the National Law Journal, Jan. 4, 2008]
Enrollment Decline Reported for Minority Law Students
(By Vesna Jaksic)
Columbia Law School has launched a Web site documenting the
declining trend of minority students' enrollment in law
schools.
The site calls the trend disturbing and says that while
African-American and Mexican-American students have applied
to law schools in relatively constant numbers over the last
15 years, their representation has fallen by 8.6 percent,
from 3,937 in 1992 to 3,595 in 2006. The site points out that
this is occurring at a time minority students' leading
admissibility indicators have improved and the number of law
schools has increased to provide room for nearly 4,000 more
students.
The Web site was created by Columbia Law School's Lawyering
in the Digital Age Clinic, in collaboration with the Society
of American Law Teachers, or SALT. It contains 12 graphs and
nearly 200 data points based on yearly Law School Admission
Council statistics.
``We need diversity in our legal profession to promote
better legal education and fairness in our system of
justice,'' Conrad Johnson, clinical professor of law at
Columbia and a member of SALT's board of directors, said in a
news release.
The site also includes an analysis of Grutter v. Bollinger,
the 2003 U.S. Supreme Court decision that reaffirmed the
limited use of affirmative action in university and law
school admissions.
Columbia Law School students Christina Quintero and Jeffrey
Penn helped create the Web site as part of their Lawyering in
the Digital Age Clinic. The clinic provides hands-on
experience in digital technologies that help shape the legal
profession. Through the clinic, students work with public
interest lawyers and members of the judiciary and handle
issues such as eviction cases, advocate to restore government
benefits and help organize pro bono efforts.
____
[From the Wall Street Journal online, Jan. 17, 2008]
Study Shows Grim Outlook for Minority Law-School Enrollment
(By Peter Lattman)
Law-school enrollment of African-Americans and Mexican-
Americans has fallen by 8.6 percent in the past 15 years,
according to a Web site created by Columbia Law and the
Society of American Law Teachers. And with anti-affirmative
action admissions measures gaining traction around the
country, the numbers could get worse, according to an NLJ
story.
The decline has come as applications to law schools among
those minority groups have remained constant and law school
enrollment overall has risen since 1992.
``It's not a pipeline problem,'' said Conrad Johnson
(pictured), a clinical professor at Columbia and Law Blog
Moustache Society. who helped create the site. The stats,
compiled from LSAC data, counter the notion that minorities
are submitting fewer law-school applications. He did
acknowledge an increase in blacks' student enrollment in
2006, but said that the numbers are in overall decline.
Another professor, Vernellia Randall, a professor at Dayton
Law who created something called The Whitest Law School
Report, agrees, and thinks one reason is that schools are
requiring higher LSAT scores, which results in lower
admission numbers for minority groups. ``It's going to get a
whole lot worse before it gets better,'' she told the NLJ.
``The net result is that . . . law schools are not
progressing towards more inclusive admissions,'' concludes
the Columbia Law clinic's Web site. ``This affects everyone
who is concerned about better education and a more
representative legal profession.''
Readers, from your vantage point, what are the biggest
hurdles to minority advancement in the law?
Mr. EDWARDS. Madam Chairman, I rise today in support of an amendment
that includes the language of H.R. 3780, the Military Child College
Affordability Act, to ensure that military dependents receive in-state
college tuition. I urge my colleagues to do the same.
There are two serious problems that this amendment addresses. First,
there are states that do not give military families in-state tuition
rates even when the service member is stationed there. For example,
dependents of service members stationed in Michigan must pay $31,302
per year to attend University of Michigan. This is in contrast to the
$10,448 yearly cost for in-state tuition, resulting in a $20,854
education tax on our military families.
The second problem is that in 17 states, military sons and daughters
have to start paying out-of-state tuition if their parents are re-
[[Page 1730]]
stationed to another state. For example, in California, if a military
connected college student is enrolled in the University of California
system, his or her yearly tuition jumps from the in-state level of
$7,347 to $19,068 if their parents are transferred out of state,
despite the fact that the student could have already been enrolled for
several semesters.
Let me share with you an example of the effects of this additional
burden on our military families. This is from the spouse of a military
wife, stationed with her husband in Hawaii.
My daughter is a junior at the University of Hawaii. We
have been able to pay in-state tuition because my spouse is
stationed here. My spouse was deployed to Iraq in August of
2006 and returned after 15 months. He is most likely going to
[be re-stationed] in January of 2008. The university has
informed us that as soon as he leaves, we will have to pay
out of state tuition.
This would cause the tuition they pay for their daughter to jump from
$5,952 per year to $16,608 for her last year of college.
This same family's younger daughter is affected as well. I quote from
her mother's letter: ``It is enough that our daughters will not see
their Dad for the last two years, but now we are telling them that she
may not be able to attend University of Hawaii because we will be
charged out of state prices.''
This amendment mandates in-state tuition benefits for military
dependents if their parent is stationed or domiciled in that state.
Further, this amendment would say that a military child can continue to
pay in-state tuition if his or her parent is re-stationed outside of
that respective state after the son or daughter has started college.
It is my belief that we have asked enough of our military families
already, and should not require them to pay unfair tuition rates to
send their children to college. I urge my colleagues to support this
amendment and the children of the United States Armed Forces.
Mr. KILDEE. Again, Madam Chairman, I urge support for these
amendments en bloc, and I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendments en bloc
offered by the gentleman from Texas (Mr. Hinojosa).
The amendments en bloc were agreed to.
Amendment No. 4 Offered by Mr. Petri
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in House Report 110-523.
Mr. PETRI. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 4 offered by Mr. Petri:
Page 451, line 24, strike ``and''; on page 452, line 5,
strike the period and insert ``; and''; and after such line
insert the following new paragraph:
``(8) the feasibility of a specific alternative market-
based mechanism that will--
``(A) determine lender returns;
``(B) result in reduced Federal costs on a program-wide
basis, on loans made, insured, or guaranteed under part B of
this title, excluding from consideration the Federal PLUS
loans described in section 428B that are the subject of the
competitive loan auction pilot program under this section;
``(C) include not more than--
``(i) 10 percent of the annual loan volume under this part
B of this title during the first year of the alternative
pilot program; and
``(ii) 20 percent of the annual loan volume under this part
B of this title during the subsequent years of the
alternative pilot program;
``(D) permit participation in any alternative auction-based
pilot program on a voluntary basis for eligible institutions
and eligible lenders participating under part B of this title
prior to July 1, 2007; and
``(E) provide for all savings to the United States Treasury
generated by such alternative pilot program to be distributed
to institutions participating under this section on a basis
proportionate to loan volume under such part for
supplemental, need-based financial aid, except than an
institution that is operating as an eligible lender under
section 435(d)(2) shall not be eligible for any such
distribution.
Page 452, line 14, strike the close quotation marks and
following period, and after line 14 insert the following new
subsection:
``(e) Independent Evaluation.--The Government
Accountability Office shall conduct an independent evaluation
of any auction or auctions conducted under this section no
later than September 1, 2013.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Wisconsin (Mr. Petri) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. PETRI. Madam Chairman, my alternative market study mechanism,
which is before us, this amendment would significantly advance our
understanding of market-based reforms to the guaranteed student loan
program that were begun last year during our consideration of the
College Cost Reduction Act. This Congress has demonstrated significant
interest in developing some type of comprehensive market-based reform
in order to overhaul the guaranteed loan program and make certain that
taxpayers' interests are better served.
Last year, I had the opportunity to offer an amendment in the
Education and Labor Committee to the College Cost Reduction Act to
study and pilot a market-based reform, such as an auction, to determine
how the Federal Government may better determine lender yields to reduce
wasteful spending in the guaranteed loan program. This amendment was
adopted in the committee and included in the bipartisan House-passed
bill last summer.
Well, I was pleased that an auction pilot was included in the final
law. There is growing concern among reformers, the lending industry,
and the administration that the Senate model which was adopted may have
significant implementation and logistical challenges.
However, this bill presents us with an opportunity to further study
and consider an effective market-based reform proposal. So the
amendment before us would simply amend the current auction pilot
evaluation language included in this bill to require the Secretaries of
Education and the Treasury, in conjunction with the Government
Accounting Office, the Office of Management and Budget, and the
Congressional Budget Office, to evaluate the feasibility of an
alternative market-based reform to the Federal Family Education Loan
Program. The alternative should reduce Federal costs to taxpayers and
use savings to increase need-based grants to lower-income students.
I'd urge Members to support this amendment to further our
understanding of market-based reform options. The study would mark an
important step toward fully understanding market-based reforms of the
program and would build on reforms incorporated in the College Cost
Reduction Access Act. And again I'd ask my colleagues to support an
alternative market mechanism study amendment.
Madam Chairman, I reserve the balance of my time.
Mr. McKEON. Madam Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
Mr. McKEON. Madam Chairman, this amendment essentially requires a
feasibility study on market mechanisms that could then be used to
determine lender returns when making student loans. Had we not just
adopted an auction process for student loans in the recently passed
budget cutting bill, this might make sense.
This amendment may be couched in terms of a study; however, it's
difficult to see how the Secretary would study something like this
without actually implementing a broader pilot, and that is the main
concern that we have.
The Department of Education conducted a market mechanism study
several years ago with the GAO and others. That extensive study did not
find auctions to be a workable mechanism for administering the student
loan program. Taking another look several years later may have shed new
light on the subject.
We need the Department to focus on the creation and evaluation of
this auction before we decide to push for studies or implementations of
other auctions.
Madam Chairman, I reserve the balance of my time.
Mr. PETRI. Madam Chairman, we'd just say that it's important for us
to get informed, knowledgeable advice as to how to operate the student
loan programs, the direct program, and the guarantee program better. In
the past, we've adopted pretty much a political-based approach of
Congress setting the
[[Page 1731]]
amount of the guarantee that private lenders receive for making student
loans. In the reform act this summer, we cut that and tried to put in
place a pilot approach coming from the Senate for a market-based
mechanism. This would broaden the study; and, I think, would, in fact,
be something that will end up saving the taxpayer money if it works.
And if it doesn't work, we're no worse off. It's a study.
So I don't understand the reluctance to try to get the Treasury
Department and experts in this area. We have auctions for loans weekly
to finance the debt of our country. And we certainly can do a better
job of pricing the guaranteed student loan program.
Mr. GEORGE MILLER of California. Will the gentleman yield?
Mr. PETRI. I certainly do.
Mr. GEORGE MILLER of California. I just want to rise and I think
support this amendment. I think in the context of going to the
conference committee, where we know the Senate has an auction
provision, I think, well given even there, where we've done, we have
this provision in the reconciliation bill to look at an auction to see
whether we can do it and make it feasible, this may be helpful in us
making some determinations about how we proceed on that effort and how
the Department proceeds on that effort. So I would support the
amendment.
Mr. PETRI. I thank the chairman.
I certainly would urge the chairman and the ranking minority member
on the committee, as they go to conference, to keep an open mind on
this proposal so we can do the best job with the taxpayers' money and
help students get their loans in a cost-effective manner.
Madam Chairman, I yield back the balance of my time.
Mr. McKEON. Madam Chairman, it pains me to oppose the amendment of my
good friend from Wisconsin. We've served now on the Education Committee
together for almost 16 years, and he's always concerned about
protecting the taxpayer and the taxpayer dollars.
I think that I'm not so concerned about the study. It's the way the
amendment is drafted that looks like it will impose the full program
before the study so that the study could be made complete. And I
understand that auctions are taking place all the time, but they're not
generally done by the Department of Education. They're done by the
Department of the Treasury and other branches. I'm not sure the
Department of Education has that expertise.
But as we move forward on this, hopefully, maybe in conference, this
could be cleared up and the intent of the gentleman could be carried
out. That would be my hope.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Petri).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. McKEON. Madam Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 5 Offered by Mr. Petri
The Acting CHAIRMAN. It is now in order to consider amendment No. 5
printed in House Report 110-523.
Mr. PETRI. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 5 offered by Mr. Petri:
Page 359, beginning on line 13, strike subparagraphs (C),
(D), and (E) and insert the following (and redesignate the
succeeding paragraphs accordingly):
``(C) with respect to each of the guaranty agencies
operating under a guaranty agreement under section 428(c)--
``(i) un-reconciled balances in held loans by year of
origination;
``(ii) status and number of defaulted loans by length of
default in 30-day increments; and
``(iii) status and number of delinquent loans by length of
delinquency in 30-day increments;
Page 359, line 23, insert before the period the following:
``carrying out activities under this part''.
Page 359, beginning on line 24, strike subsection (c)
through page 360, line 12.
Page 360, after line 12, insert the following new
subsection:
(d) Audit of Federal Family Education Loan Program
Portfolio and Guaranty Agencies.--The Secretary of Education
shall have a financial and compliance audit of all guaranty
agencies participating in the loan programs under part B of
title IV of the Higher Education Act of 1965 (including each
guaranty agencies' contract for the servicing, collecting,
and related activities of such loans), conducted annually by
a qualified independent organization from a list of qualified
organizations promulgated by the Secretary in accordance with
the standards established by the Comptroller General. The
standards shall measure the guaranty agency's compliance with
the due diligence standards and shall include a defined
statistical sampling technique designed to measure the
performance rating of the guaranty agency for the purpose of
this subsection. The Secretary shall submit the audit to
Congress within 60 days of its completion and shall at the
same time make the results of the audit publicly available.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Wisconsin (Mr. Petri) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. PETRI. Madam Chairman, this amendment should be much less
controversial than the one that just passed. As you're aware, the
Federal Government runs two Federal student loan programs that provide
the same affordable loans to American students: the Federal Family
Education or Guaranteed Loan Program, and the William D. Ford Direct
Loan Program.
In the past year, a significant amount of attention has been paid to
the scandal-ridden and wasteful guaranteed loan program. Reducing
excessive subsidies was the primary goal of the bipartisan College Cost
Reduction and Access Act that was enacted last September, and we have
seen some success. But this program was so embroiled with illegal and
unethical activity between lenders and financial aid officers that
sweeping new rules are included in this higher education reform act
aimed at ending these relationships and providing much greater
transparency for students and for taxpayers.
{time} 1430
Given all of the abuse that's occurred in the guaranteed program,
imagine my surprise when an amendment ended up being adopted which had
the effect of targeting the direct loan program and a seemingly
innocuous amendment to audit the direct loan program contained a series
of reporting requirements applied only to the direct loan program which
were designed to make it appear the program was performing more poorly
than the tarnished guaranteed program.
I should note that despite the scores of improprieties documented in
the guaranteed loan program, the direct loan program has had no similar
ethical abuses. Further, it has been scored as significantly cheaper by
the Office of Management Budge, CBO and GAO, since its inception in the
early 1900s.
Now it will be one thing if the amendment applied these new reporting
provisions equally to both the guarantee and direct programs, and I'm
encouraged that the author of the amendment, my respected colleague
from the State of Georgia (Mr. Price), has indicated that that is his
intent, and I'm hoping that we can, in fact, adopt this amendment to
apply requirements to both programs.
But this language currently in the bill has the effect of undermining
the direct loan program, boosting the guaranteed loan program's
performance in comparison, and the amendment before us addresses the
language.
Madam Chairman, what is good for the goose is good for the gander.
The amendment would maintain the audit and most of the reporting
requirements added to the direct loan program but would also require
comparable audits in reporting for guaranty agencies in the Guaranteed
Loan program. I have no doubt the direct loan program will pass the
audit with shining colors, and
[[Page 1732]]
I look forward to the report. I hope the same can be said of the
Guaranteed Loan program.
I would ask support for the amendment.
Madam Chairman, I reserve the balance of my time.
Mr. PRICE of Georgia. Madam Chairman, I rise to claim the time in
opposition.
The ACTING CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. PRICE of Georgia. Madam Chairman, I want to commend my friend
from Wisconsin for his willingness to continue to work on this. We've
got some disagreements about it, although we are basically saying the
same thing, that we want both of the programs to be treated equally,
and I certainly concur with that. I also want to thank the chairman and
the ranking member for their work on this as we went through committee,
but at this time I rise to oppose this amendment.
H.R. 4137, the College Opportunity and Affordability Act, really has
been a product of significant and extensive thoughtful deliberation
over many Congresses. One example, I believe, of that thoughtfulness is
section 454, which is included in the manager's amendment, which is a
provision asking for an independent audit of the direct loan program
and greater disclosure of the program's impact on the national debt. In
fact, that provision was unanimously adopted in our committee during
markup.
Now, why is this important? Well, it's important because the direct
loan program amazingly is not currently subject to the routine audits
that examine all of these issues. Further, the government finances the
direct loan program by borrowing, and so it contributes in some way
that we believe ought to be determined, and that was the purpose of the
amendment. It contributes in some way directly to that national debt.
Now, we all talk about transparency, and I'm all for transparency.
Transparency is critical if we are going to, here in Congress, get a
handle on evaluating the student lending program and make the best
decisions for college access and affordability. Unfortunately, I
believe that this amendment being offered undermines that congressional
oversight and paralyzes section 454.
I also believe that it weakens the independent audit portion of the
direct loan program. Private lenders under the FFEL, the Federal Family
Education Loan program, are subject to full and regular audits, and
this section in the bill is intended to subject the direct loan program
to similar full and regular audits. That's the common ground that we
talk about and hopefully will be able to find as we move forward.
As an example, the amendment also eliminates a requirement to the
direct loan audit that includes an examination of the unreconciled
balances of loans by year of origination. This is a key piece of
information for the FFEL program, the loans must be reconciled every
year, while the direct loan program is not held to the same standards.
So by weakening the independent audit of the direct loan program, the
amendment would eliminate the portion requiring disclosure of the
program's impact on the national debt.
And just as a matter of information, we all here in Congress should
know about that.
In closing, Members, I believe, need to remember that all of this
that is being done, in essence, would add a duplicate audit ability for
the FFEL programs and not the same for the direct loan programs. I look
forward to working with my colleague from Wisconsin and the chairman
and ranking member as we move forward. Both the direct loan and FFEL
program should be held up to the light of day so the taxpayers know
what they're getting from their tax dollars.
Madam Chairman, I reserve the balance of my time.
Mr. PETRI. Madam Chairman, how much time do I have remaining?
The ACTING CHAIRMAN. Each side has 2 minutes remaining.
Mr. PETRI. I yield to the chairman of the full committee such time as
he may consume.
Mr. GEORGE MILLER of California. Madam Chairman, I rise in support of
the gentleman from Wisconsin's amendment. I think having these parallel
audits, these are two programs that, for the sake of the taxpayer,
compete with one another, and I think that that's important.
I was encouraged to see in the President's 2009 budget that, for the
first time, the taxpayer costs for student borrowing through the FFEL
program are closer to the more efficient direct loan programs, taking
into account what we did in the reconciliation bill. I was also
interested to see that still we see that it costs only one-fourth as
much to make a direct loan as it does to make a FFEL loan program.
So I think that we should be encouraged and we should be prepared to
have these audits, because I think the taxpayer is winning this
discussion, thanks in large part to the efforts of Mr. Petri over many
years, to have this kind of comparison, this kind of discussion. Many
of the recommendations that we made in the reconciliation bill were, in
fact, the recommendations of the Bush administration from the office of
OMB about the cost of that program. We were able to take that money
out, recycle it in favor of students and families borrowing the money
to drive down the cost of borrowing that money and increase the Pell
Grants. Now we see that we are still 25 percent cheaper for the
taxpayers than the FFEL program.
Mr. PETRI. Madam Chairman, I just have to say, this is important,
because, on the one hand, if you treat a direct loan as adding to the
debt with no offset because it is a loan which will be repaid, the loan
is an asset, there should be some offset, you can get a very misleading
picture. If you are cosigning a note, you are liable on the note, and
that's what we do when we guarantee these private loans.
So zero costs in the direct program and outlay. And it misleads, too,
because unless you compare apples and apples, you can have a badly
distorted picture.
Mr. PRICE of Georgia. Madam Chairman, I want to once again say we are
happy to have the same review in the audit of both the lending
programs. You have heard that some individuals believe that the direct
loans are cheaper than the FFEL programs, the loans, and, in fact,
official government reports all agree that the budget scoring rules do
not, I repeat, do not capture the real economic cost of both of these
student loan programs. They agree all of the costs should be accounted
for when comparing the two programs. Madam Chairwoman, I think we are,
in fact, saying a lot of the same thing.
I look forward to working with my friend from Wisconsin, with the
ranking member, and with the chairman as we move forward to the
conference committee. In the meantime, however, I'm obliged to urge my
colleagues to vote ``no'' on this amendment.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Petri).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. PRICE from Georgia. Madam Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Wisconsin
will be postponed.
Amendment No. 6 Offered by Mr. Castle
The Acting CHAIRMAN. It is now in order to consider amendment No. 6
printed in House Report 110-523.
Mr. CASTLE. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Castle:
In section 133(d) of the Higher Education Act of 1965, as
amended by section 109 of the bill:
(1) insert ``(1)'' after ``Task Forces.--'';
(2) redesignate paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (E);
(3) strike ``and'' at the end of subparagraph (C) as so
redesignated;
(4) insert after such subparagraph (C) the following new
subparagraph:
[[Page 1733]]
``(D) develop annual benchmarks for the institution to
reduce costs in areas identified under subparagraph (C);
and''.
(5) add at the end the following new paragraph:
``(2) An institution of higher education that does not meet
the benchmarks established under paragraph (1)(D) shall
provide to the Secretary a detailed explanation of the
reasons why the institution did not meet such benchmarks.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Delaware (Mr. Castle) and a Member opposed each will control 5
minutes.
Mr. GEORGE MILLER of California. Madam Chairman, I will claim the
time in opposition, although I do not intend to oppose the amendment.
The Acting CHAIRMAN. The gentleman from California will be recognized
in due time.
The Chair recognizes the gentleman from Delaware.
Mr. CASTLE. Madam Chairman, I yield myself such time as I may
consume.
I'm pleased to offer this college cost accountability amendment to
the College Opportunity and Affordability Act, which I also support,
legislation to reform and strengthen many of the Nation's higher
education programs.
As you know, for over a decade, Congress has worked on the behalf of
students and families in an effort to solve the college cost crisis.
Today we will have the opportunity to vote on these bipartisan college
cost reforms.
We all can agree on the need to hold down the costs of college, and I
believe we're making progress by providing additional support to
minority-serving institutions, teacher quality grants, grants
supporting veteran student success, and other positive changes. I would
like to also note the provisions included to help us better track
annual changes in tuition, fees, and room and board costs for
undergraduate students. All of the information collected will be made
publicly available on the department's College Navigator Web site so
that students and their parents have better access to cost increases at
various institutions.
While each of these provisions take steps in the right direction to
combat college costs, I believe we can go farther to uncover what is
driving college costs and hopefully stem the tide of this growth that
threatens access to higher education for many American students.
My amendment expands the responsibilities of the quality task forces
established in the underlying legislation by requiring them to develop
annual benchmarks for the top 5 percent of institutions that have the
largest increase in their tuition and fees over the most recent 3-year
period. If these institutions fail to meet these benchmarks, rather
than punishing these schools with legislative penalties, institutions
are simply required to provide the Secretary of Education with a
detailed explanation of the reasons why they failed to do so.
I am supportive of the underlying legislation which makes reforms for
our institutions of higher learning, parents and students, and my
amendment will build upon the provisions set forth in the introduced
legislation to make tuition increases even more transparent and help
ensure colleges are doing everything possible to reduce college costs
so that any student wishing to obtain a higher education may do so.
I urge my colleagues to support my amendment.
Madam Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I would simply rise
in support of the amendment. I think that the effort that is being made
here by Mr. Castle will, in fact, add to some understanding by the
public and some transparency for those of us who have to make policy as
to exactly what's going on with the increase in college costs. I think
these kinds of explanations will be important for all of us, and we
welcome the amendment.
Madam Chairman, I yield back the balance of my time.
Mr. CASTLE. Madam Chairman, I thank the distinguished chairman for
his kind words about the amendment and for his work, along with Mr.
McKeon and Mr. Keller and others and Mr. Tierney on the legislation,
and I urge everybody to support the amendment.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Delaware (Mr. Castle).
The amendment was agreed to.
Amendment No. 7 Offered by Mr. Davis of Illinois
The Acting CHAIRMAN. It is now in order to consider amendment No. 7
printed in House Report 110-523.
Mr. DAVIS of Illinois. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 7 offered by Mr. Davis of Illinois:
At the end of the bill, add the following (and make such
technical and conforming changes as may be appropriate):
TITLE XI--RELATED AMENDMENTS
SEC. 1101. TREATMENT IN BANKRUPTCY.
Section 523(a)(8) of title 11, the United States Code, is
amended--
(1) in subparagraph (A)(i) by striking ``or made'' and all
that follows through ``institution'', and inserting ``or made
under any program funded in whole or in part by a
governmental unit, or made under any program in which a
substantial portion of the funds for making such overpayment
or loan is provided by a nonprofit institution or an
institution of higher education as defined in section 102 of
the Higher Education Act and in which no part is funded by a
governmental unit''; and
(2) in subparagraph (B) by inserting before the semicolon
at the end the following:
``unless the period beginning on the date when such loan
first became due and ending on the date of the filing of the
petition, excluding any time during such period when the
repayment obligation was deferred while the borrower was
attending an eligible educational institution as defined in
section 221(d)(2) of the Internal Revenue Code of 1986, is
longer than 5 years''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Illinois (Mr. Davis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Illinois.
Mr. DAVIS of Illinois. Madam Chairman, I yield myself 2 minutes.
Unlike most kinds of debt, student loans of all types are currently
nondischargeable in bankruptcy, except on a judicial finding of undue
hardship. Under this amendment, government student loans, Federal and
State, and loans made directly by nonprofit entities would remain
nondischargeable. Other student loans made by for-profit banks and
other lenders would continue to be nondischargeable for the first 5
years after they come due, but after that, they would be treated like
other unsecured consumer loans in bankruptcy.
{time} 1445
This amendment also closes the loophole that lenders were beginning
to pursue just before the 2005 changes went into effect. Currently,
loans that are funded in whole or in part by a nonprofit institution
are nondischargeable. Lenders offering private student loans were
setting up affiliations with nonprofit institutions in order to take
advantage of this loophole, even though the nonprofit was not the
source of funding.
The current law is unfair to students. Students who take out student
loans are trying to better themselves and contribute to the advancement
of our economy. Unlike Federal student loans, private loans lack basic
consumer protections, such as limits on interest rates, loan limits,
and flexible payments; yet the bankruptcy law treats student loan
borrowers who face financial tragedy in the same severe manner as
people trying to escape child support payments, alimony, overdue taxes,
and criminal fines. People should not be punished for trying to get an
education.
Madam Chairman, I reserve the balance of my time.
Mr. McKEON. Madam Chairman, I rise in opposition to the Davis
amendment.
The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
[[Page 1734]]
Mr. McKEON. I yield myself such time as I may consume.
This amendment changes the Bankruptcy Code in a way that will add
uncertainty and additional risk to student lending. And I can't help
but think that this will further restrict students' access to loans at
a time when they're already finding it harder to obtain loans due to
the current instability of the credit market.
Madam Chairman, I yield 2\1/2\ minutes to a member of the Judiciary
Committee, the ranking member of Commercial and Administrative Law that
has jurisdiction for the Bankruptcy Code, the gentleman from Utah (Mr.
Cannon).
Mr. CANNON. Madam Chairman, this amendment will undo an important
provision of the Bankruptcy Code that was enacted just 2 years ago in
the bipartisan Bankruptcy Abuse, Prevention and Consumer Protection Act
of 2005. It will increase risk for student lending, risk that the
lending market will respond to by restricting the availability of
credit.
The bankruptcy law currently allows student loans to be discharged if
the graduate is facing an undue hardship. This policy provides balance
by protecting truly unfortunate graduates, while still preserving the
integrity of student loans.
This amendment will eviscerate this policy by removing the undue
hardship requirement for private sector student loans, allowing these
loans to be discharged 5 years after graduation. Federally guaranteed
loans can still be discharged only upon a showing of undue hardship.
Accordingly, the private market, which is the most sensitive to risk,
bears the burden of this change. Students looking for loans in the
future will have a hard time finding them. Inevitably, students would
encounter higher interest rates, shorter payment periods, and other
more restrictive lending terms as lenders look to avoid potential
losses in bankruptcy.
The amendment, in short, would damage, not advance, the cost of
education. There is no free lunch and there is no free bankruptcy. We
can do better for our students, and we can do better for our system of
higher education. This amendment would undo an important provision of
the Bankruptcy Code enacted just 2 years ago. If there is one thing
that is important in commercial law, including bankruptcy law, it's
stability. Lenders and investors must have confidence that Congress
will not constantly change the rules of the game.
We will send the wrong message if a mere 2 years after BAPCPA's
passage we begin to tinker with the provisions of the new bankruptcy
law. Regrettably, the pattern is already beginning to emerge in this
Congress. It can and should be stopped.
Capricious treatment of creditors in bankruptcy can have only one
effect, the chilling of lending and investment. Changes in the
Bankruptcy Code ought to receive the scrutiny of the Judiciary
Committee. Since the Davis amendment is not being considered by the
Judiciary Committee, the congressional experts on bankruptcy have had
no opportunity to vet it through in regular order. This amendment will
do more harm than good and will affect the availability of student
loans in the future.
I urge my colleagues to vote against this amendment.
Mr. DAVIS of Illinois. Madam Chairman, I yield 1 minute to the
chairman of the Education Committee, the Honorable George Miller.
Mr. GEORGE MILLER of California. I rise in strong support of this
amendment, and I thank the gentleman for offering it.
We now see that, almost like the subprime home mortgages, that these
private student loans have been offered to a great number of people who
it's questionable about whether or not they can pay it back. And we now
see these private lenders retreating from this market because they know
they've now made loans that they're not going to be able to sell off to
others. They've made questionable loans.
These loans look more and more like consumer loans because there's no
requirement that the people who take out these loans in the direct
marketing to students, a student signs up, gets a loan, they don't have
to pay their tuition, they don't have to pay their books, they don't
have to pay their dormitory fees. They're consumer loans. They can buy
beer and pizza, they can buy flat screened TVs, and they ought to be
treated like those consumer loans. That's why this amendment is
supported by the American Association of Community Colleges, the
Association of State Colleges and Universities, the Association of
Jesuit Colleges and Universities, the Consumer Federation of America,
the Consumers Union, the United States Students Association, the U.S.
Public Interest Groups, because they all recognize that this is far
different than the public loans that families and students take out
where there's arrangements to work out and help those students if they
get into trouble. That's not the case with the private loans.
Let the marketplace work. They are now charging these students 18 and
20 percent, and we ought to understand what that means to the future of
these students. We ought to support the Davis amendment.
Mr. McKEON. Madam Chairman, may I inquire as to the time remaining.
The Acting CHAIRMAN. The proponents have 2\1/2\ minutes remaining;
opponents have 2 minutes remaining.
Mr. McKEON. And we have the right to close?
The Acting CHAIRMAN. That is correct.
Mr. McKEON. I reserve the balance of my time.
Mr. DAVIS of Illinois. Madam Chairman, it's my pleasure to yield 1
minute to the gentleman from Georgia, a member of the Judiciary
Committee, Representative Hank Johnson.
Mr. JOHNSON of Georgia. On behalf of Congressman John Lewis, Chair of
the full committee, and as a member of the Commercial and
Administrative Law Subcommittee, I rise in support of the Davis
amendment.
Bankruptcy relief provides a critical last resort economic safety net
for those in dire financial need. It gives a fresh start to honest and
deserving debtors so they can regain their financial footing on which
to rebuild a productive life, which is good for them as well as for
society.
My colleague, the gentleman from Illinois, seeks to restore some
balance with respect to the dischargeability of certain student loans.
This is an excellent measure for the following reasons: one, it ensures
that predatory for-profit lenders cannot take advantage of a current
provision in bankruptcy law intended to protect nonprofit institutions
that make educational loans; and, second, the amendment instills some
moderation with respect to the dischargeability of certain educational
loans made by private sector lenders which under current bankruptcy law
can be nondischargeable no matter how long ago the loan was made.
So for those reasons, I urge my colleagues to support this amendment.
Mr. DAVIS of Illinois. Madam Chairman, I yield myself the balance of
our time.
For many of these students who secure loans without the protection of
bankruptcy, it's like receiving a life sentence with no appeal. That is
to say, they get a loan that is supposed to help them get a college
degree, an education so that they can pay the loan off. Unfortunately,
many of them are stuck on $70,000, $80,000, $90,000, $100,000 that
they're never able to pay. And so they struggle along for the rest of
their lives trying to pay off a loan that was supposed to have secured
for them a level of financial ability.
I would urge that we pass this amendment to give those hundreds and
thousands of students throughout the country the simple protection of
bankruptcy that is provided for individuals with any other consumer
loan.
Madam Chairman, I yield back the balance of my time.
Mr. McKEON. Madam Chairman, I yield the remainder of my time to the
subcommittee ranking member of Higher Education, the gentleman from
Florida (Mr. Keller).
Mr. KELLER of Florida. I thank the gentleman for yielding.
Madam Chairman, I know what Mr. Davis is trying to do here, and I'm
[[Page 1735]]
sympathetic. He realizes, like we all do, that people are hurting and
they're paying higher costs for mortgages and health insurance and gas
prices and college tuition. And so for those folks who can't make their
student loan payments, let's give them some relief in bankruptcy court.
The challenge is, this is going to help a small number of people, but
hurt a larger number of people.
If you allow this to go forward, then what you have is a much higher
risk loan that will result in the lenders having no choice but to
charge higher interest rates for new students getting loans, higher
origination fees. They will require a higher credit score. Now, since
most 18-year-old kids don't have good credit scores, you would have to
look to their parents as cosigners. What does that mean? The kids from
wealthy families, whose mom and dad have a high credit score and have
lots of assets to back up as collateral, nice home, Mercedes, are going
to get student loans. The poor kids in the future who you're trying to
help whose parents don't have a high credit score are going to have to
pay a lot higher interest rate for loans and origination fees. And
their mom and dad may not have the collateral to get them a loan if
that's required in these private loans.
So it's going to have the unintended consequences of restricting
credit in the future. It's also very unfair to lenders who made loans
10 years ago to have this applied retroactively.
Now, what is a better way? The better way is the current system. You
get out of school, you've got 10 years to make your payment, and if you
can't make it, you work with the lenders for more flexible options, let
you pay over 25 years. The Bankruptcy Code already provides a provision
for undue hardship for those people who truly need it.
Let's go with the better approach. And that's why it would have been
better to have the Judiciary Committee have jurisdiction over this
issue, because we could have flushed it out. That was skipped in this
process. And while the intentions are good, the consequences are bad.
And I urge my colleagues to vote ``no'' on Mr. Davis' amendment.
Mr. McKEON. Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Illinois (Mr. Davis).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. McKEON. Madam Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Illinois
will be postponed.
Amendment No. 9 Offered By Mr. Sestak
The Acting CHAIRMAN. It is now in order to consider amendment No. 9
printed in House Report 110-523.
Mr. SESTAK. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 9 offered by Mr. Sestak:
Page 335, after line 14, insert the following new
paragraph:
``(14) Physical therapists.--Individuals who are physical
therapists and who are providing physical therapy services to
children, adolescents, or veterans.
Page 338, after line 21, insert the following new paragraph
(and redesignate the succeeding paragraphs accordingly):
``(5) Physical therapist.--The term `physical therapist'
means an individual who--
``(A) has received, at a minimum, a graduate degree in
physical therapy from an institution of higher education
accredited by an agency or association recognized by the
Secretary pursuant to section 496(a) of this Act; and
``(B) provides physical therapy services under 1861(p) of
the Social Security Act (42 U.S.C. 1395x(p), or meets or
exceeds the qualifications for a qualified physical therapist
as determined by State law.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Sestak) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SESTAK. Madam Chairman, I yield myself such time as I may
consume.
Today our country faces significant labor shortages in occupations
that are vital to our educational, health and, therefore, our national
security.
I thank Chairman Miller and ranking member, Mr. McKeon, for their
efforts to expand the professional areas of recognition where there is
a national need which is critically important as we attempt to ensure
an adequate workforce for services that are vital to all Americans.
In this vein, I believe the list of health occupations for which
national need exists must also include physical therapists. Recent
reports have shown that our country does not have an adequate number of
physical therapists to meet our growing needs.
According to the American Hospital Association, therapists represent
the occupation for which the greatest percentage of vacancies exist in
our hospitals across our Nation, at an 11.4 percent vacancy rate. This
is at a time when the demand for physical therapist employment is
projected to grow 27 percent within 8 years, even as 58 percent of our
hospitals are reporting in 2006 that therapist recruitment was more
difficult than the year before. I, therefore, believe it is imperative
we add physical therapists in the area of national need to ensure the
Secretary of Education has direction to provide loan repayment to
physical therapists.
Compounding this challenge of our national need for physical
therapists exceeding our supply are already 31,000 servicemen and -
women who have returned home from the war in Afghanistan and Iraq to
recover from wounds sustained in the service of their country.
Physical therapists will, therefore, continue to play an integral
role in rehabilitating our Nation's veterans as they cope with injuries
from the battlefield. To ensure the proper care and recovery of those
who have sacrificed their well-being to protect us, we must address our
shortage of physical therapists.
This amendment to include physical therapists as individuals in an
occupation of national need, supported by the American Physical Therapy
Association, is a necessary and practical measure to attract students
to this profession. The loan repayment incentive of up to $10,000 for
students who obtain a graduate degree in physical therapy which results
from designating physical therapy as an area of national need will
encourage more students to enter the profession and help alleviate
these growing vacancies.
I, therefore, urge my colleagues to support this commonsense
amendment that highlights this issue of utmost importance for everyone,
but also including the veterans who are returning from our wars
overseas.
I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I'm not opposed to the amendment. I don't have any
objection to it. But at this time I would like to reserve the balance
of my time.
Mr. SESTAK. I yield back the remainder of my time.
{time} 1500
Mr. KELLER of Florida. Madam Chairman, I would like to yield 2
minutes to the gentleman from Georgia (Mr. Price).
Mr. PRICE of Georgia. Madam Chairman, I want to commend the author of
what I think is an appropriate amendment of loan forgiveness.
As an orthopedic surgeon, I worked closely with physical therapists,
and they are integral to the healing process in so many areas. Another
group also is the occupational therapists. And we have been contacted
by them, and I would be pleased to enter into a colloquy or ask my
friend if he would consider throughout the process if we can work
toward including the occupational therapists in this area as well.
Mr. SESTAK. Madam Chairman, will the gentleman yield?
[[Page 1736]]
Mr. PRICE of Georgia. I yield to the gentleman from Pennsylvania.
Mr. SESTAK. Sir, that 11.4 percent was for all therapists including
the three categories, including the occupational. So with the chairman
and ranking member's agreement, I would like to do so.
Mr. PRICE of Georgia. Reclaiming my time, Madam Chairman, I thank the
gentleman. That being the case and as we move forward, I look forward
to supporting this as we broaden the therapists that are included.
Mr. BERRY. Madam Chairman, ensuring health care, including physical
therapy services, is available to those who need it most is vital to
our Nation. I support the Sestak amendment to H.R. 4137, The College
Opportunity and Affordability Act, which would add physical therapists
to the ``national need'' section of this legislation so that they may
qualify for student loan forgiveness. As a lead sponsor of the Physical
Therapist Student Loan Repayment Eligibility Act, H.R. 1134, I
understand the student loan debt challenges faced by physical
therapists, who along with nursing, are currently the only health care
profession listed in shortage on the Department of Labor's Schedule A
classification. I am joined on H.R. 1134 by Representative Jo Ann
Emerson and 113 bipartisan cosponsors who support adding physical
therapists who agree to practice in rural and underserved areas to the
list of providers eligible to participate in the National Health
Service Corps Student Loan Repayment Program. The Sestak amendment,
while it does not address access to care for every patient in rural and
urban underserved areas, would help begin to address this need by
granting student loan forgiveness to physical therapists who care for
children, adolescents or veterans.
Physical therapists treat patients of all ages who have medical
problems or other health-related conditions that limit their abilities
to move and perform functional activities in their daily lives. These
services are essential to many children with disabilities in Arkansas
and across our Nation. Physical therapists also work with patients to
prevent the loss of mobility by developing fitness and wellness
oriented programs for healthier and more active lifestyles which are
essential in addressing our Nation's obesity crisis.
I encourage my colleagues to support the Sestak amendment and also to
join as a cosponsor on the bill to include physical therapists in the
National Health Service Corps, H.R. 1134.
Mr. KELLER of Florida. Madam Chairman, I yield back the balance of my
time
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Sestak).
The amendment was agreed to.
Amendment No. 10 Offered by Mr. Sestak
The Acting CHAIRMAN. It is now in order to consider amendment No. 10
printed in House Report 110-523.
Mr. SESTAK. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 10 offered by Mr. Sestak:
Page 418, strike lines 19 through 21 and insert the
following:
``(C) management systems regarding course equivalency,
transfer of credit, and articulation; and
Page 419, beginning on line 22, strike ``and'' and insert a
comma; and on line 23, before the semicolon insert ``, and
management systems''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Sestak) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. SESTAK. Madam Chairman, I yield myself such time as I may
consume.
Madam Chairman, Congress has worked hard on legislation to improve
the access, affordability, and transparency of our higher education
system. Reforms that improve transparency in college costs and the
student loan industry are a priority of this legislation, and I thank
the chairman and the ranking member and their staffs for their hard
work on these important efforts.
However, I also believe we need to call attention to the barriers and
the lack of transparency among colleges, specifically regarding the
transfer of academic credit between postsecondary institutions. Today,
students take increasingly complex pathways to achieving their
postsecondary degree. Over 40 percent of students attending a college
or university transfer at least once before they complete their
undergraduate degree. However, despite increases in student mobility,
institutions have not adjusted with substantive changes in the manner
in which they oversee and articulate the transfer of college student
academic credit.
There are significant consequences for failing to provide students
with a better understanding of how, and which of, their courses qualify
for credit in other postsecondary institutions. A student's inability
to transfer credit may result in longer enrollment, more tuition
payments, and additional Federal financial aid. In fact, it is
estimated that transfer students incur costs of well over $5 billion
per year. National data indicates that, on average, transfer graduates
take about 10 more credits and 3 more months to complete their
baccalaureate degree than nontransfer graduates. And some transfer
students have even been forced to spend up to an additional year in an
institution to obtain a degree because their earned academic credits do
not transfer. These students expend money taking courses at one
institution that will not result in academic credit at another. One of
the most problematic consequences of our current system is the loss of
students who are or may drop out of college due to the costs and
complications of transferring their academic course credit between
schools. It is clear that the credit transfer process, to the extent
that it delays students' progress, can affect the affordability of
postsecondary education, the time it takes students to graduate, and
the number of those who do actually graduate.
I believe it is time for institutions to develop new strategies to
improve gaps in credit transfer agreements and facilitate transparency
of credit equivalencies between institutions.
My amendment encourages States and public institutions of higher
education to develop management systems for course equivalency,
transfer of credit, and articulation. The cost of transferring between
institutions demand the utilization of new techniques to reduce the
financial impact and obstacles facing students. I believe that this
amendment provides an approach and a necessary alternative for
institutions to consider when developing credit transfer agreements,
and I therefore urge my colleagues to support this amendment.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I am not personally opposed to this amendment.
I just want to briefly address the subject matter of articulations
and the free flow of credit. And while that's important, many people
listening to us, our colleagues, may not be familiar with the term
``articulation agreements'' if they do not serve on the Education
Committee, for example. Let me give them an idea of what that is.
If you go to a community college in my district, let's say one called
Valencia Community College, and you get your associate's degree, there
is an articulation agreement that exists with the local 4-year
university that's called the University of Central Florida. That
agreement says if you graduate from Valencia Community College, we
guarantee you admission and acceptance into our 4-year university. That
is a wonderful thing for low-income kids who want to get a 4-year
education, because it only costs 2 grand a year to go to this community
college, and you know that based on this articulation agreement and the
transfer of credits you will then go to a prestigious 4-year school for
an additional 2 years and be guaranteed admission. It's really the only
silver bullet I see out there right now at a time when we see the
public 4-year universities increasing their tuition by 31 percent over
the past 5 years.
[[Page 1737]]
The one bright spot that exists is so many partnerships that exist
between community colleges and 4-year schools in the forms of
articulation agreements.
Whatever we can do in Congress to make it easier to have more of
these articulation agreements and a freer flow of transfer of credit
can only help those children from low- and moderate-income families
achieve their dream of a college education. That's why I am going to
support this amendment, and I urge my colleagues on both sides of the
aisle to support it as well.
Madam Chairman, I yield back the balance of my time.
Mr. SESTAK. I thank my colleague for his comments.
Madam Chairman, just 2 weeks ago I was at an event in my district
where Drexel University partnered in an articulation agreement with the
Pennsylvania Institute of Technology. The Pennsylvania Institute of
Technology focuses on many of those who were disenfranchised. They
bring them in, and after 2 years now maintaining a GPA and the credits
that have been articulated, they can then step into a 4-year
baccalaureate.
I thank you for your support.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Sestak).
The amendment was agreed to.
Amendment No. 11 Offered by Mr. Yarmuth
The Acting CHAIRMAN. It is now in order to consider amendment No. 11
printed in House Report 110-523.
Mr. YARMUTH. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 11 offered by Mr. Yarmuth:
Page 200, line 15, strike the close quotation mark and the
following period, and after such line insert the following:
``Subpart 6--Preparing General Education Teachers to More Effectively
Educate Students With Disabilities
``SEC. 291. TEACH TO REACH GRANTS.
``(a) Authorization of Program.--
``(1) In general.--The Secretary is authorized to award
grants, on a competitive basis, to eligible partnerships to
improve the preparation of general education teacher
candidates to ensure that such teacher candidates possess the
knowledge and skills necessary to effectively instruct
students with disabilities in their classrooms.
``(2) Duration of grants.--A grant under this section shall
be awarded for a period of five years.
``(3) Non-federal share.--An eligible partnership that
receives a grant under this section shall provide not less
than 25 percent of the cost of the activities carried out
with such grant from non-Federal sources, which may be
provided in cash or in kind.
``(b) Definition of Eligible Partnership.--In this section,
the term `eligible partnership' is a partnership that--
``(1) shall include--
``(A) one or more departments or programs at an institution
of higher education--
``(i) that prepare elementary or secondary general
education teachers;
``(ii) that have a program of study that leads to an
undergraduate degree, a master's degree, or completion of a
post-baccalaureate program required for teacher
certification; and
``(iii) the graduates of which are highly qualified, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965;
``(B) a department or program of special education at an
institution of higher education; and
``(C) a high-need local educational agency; and
``(2) may include a department or program of mathematics,
earth or physical science, foreign language, or other
departments at the institution that have a role in preparing
teachers.
``(c) Required Activities.--An eligible partnership that
receives a grant under this section shall use the grant funds
to--
``(1) develop or strengthen an undergraduate, post-
baccalaureate, or master's teacher preparation program by
integrating special education strategies into the general
education curriculum and academic content;
``(2) provide teacher candidates participating in the
program under paragraph (1) with skills related to--
``(A) response to intervention, positive behavioral
supports, differentiated instruction, and data driven
instruction;
``(B) developing and administering alternate assessments of
students with disabilities;
``(C) determining and utilizing accommodations for
instruction and assessments;
``(D) collaborating with special educators, related
services providers, and parents, including participation in
Individualized Education Program development and
implementation; and
``(E) utilizing technology and assistive technology for
students with disabilities; and
``(3) provide extensive clinical experience for such
participants, with mentoring and induction support throughout
the program that continues during the first year of full-time
teaching.
``(d) Application.--An eligible partnership seeking a grant
under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. Such application
shall include--
``(1) A self-assessment by the eligible partnership of the
existing teacher preparation program at the institution of
higher education and needs related to preparing general
education teacher candidates to instruct students with
disabilities.
``(2) An assessment of the existing personnel needs for
general education teachers who instruct students with
disabilities, performed by the local educational agency in
which most graduates of the teacher preparation program are
likely to teach after completion of the program under
subsection (c)(1).
``(e) Peer Review.--The Secretary shall convene a peer
review committee to review applications for grants under this
section and to make recommendations to the Secretary
regarding the selection of grantees. Members of the peer
review committee shall be recognized experts in the fields of
special education, teacher preparation, and general
education, and shall not be in a position to benefit
financially from any grants awarded under this section.
``(f) Evaluations.--
``(1) By the partnership.--An eligible partnership
receiving a grant under this section shall conduct an
evaluation at the end of the grant period to determine the
effectiveness of the general education teachers who completed
a program under subsection (c)(1) at instruction of students
with disabilities in general education classrooms, and the
systemic impact of the activities carried out by such grant
on how each institution of higher education that is a member
of the partnership prepares teachers for instruction in
elementary and secondary schools. Each eligible partnership
performing an evaluation under this paragraph shall report
the findings of such evaluation to the Secretary.
``(2) Report by the secretary.--Not later than 180 days
after the last day of the grant period under this section,
the Secretary shall make available to Congress and the public
the findings of the evaluations submitted under paragraph
(1), and information on best practices related to effective
instruction of students with disabilities in general
education classrooms.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Kentucky (Mr. Yarmuth) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Kentucky.
Mr. YARMUTH. Madam Chairman, I rise today to offer an amendment that
will bring the Nation closer to providing a world-class education to
2.9 million children with disabilities.
The last few years we have seen significant advances in diagnosis and
understanding of students with autism, ADD, dyslexia, Down's Syndrome,
and a dozen other common and treatable disabilities. Where people once
thought these students were unmanageable and unteachable, we now know
that more often than not, the majority of them are bright, creative
students who are capable of success when given the opportunity to
learn.
In 1975, we took a major step forward with the enactment of the
Individuals with Disabilities Education Act. IDEA placed many students
with their peers, where the bar was raised on their achievements, and
we began to discover how truly capable these students were.
Over the last 33 years, educators have revolutionized techniques to
help students with disabilities find success, but these tools have not
yet made their way into the vast majority of classrooms. And as a
result, the system is failing millions of students.
The fact that so many students with disabilities, well over half, now
study alongside their peers is a tribute to the success of IDEA. But
because most educators have not been given the information, resources,
or training to effectively work with students with disabilities, the
teachers are getting understandably frustrated, the diverse learners
are not being helped, and the rest of
[[Page 1738]]
the class waits while teachers struggle to deal with situations for
which they are simply not equipped. The bottom line is it does no good
to put students with disabilities in a classroom with a teacher who has
not been given the tools to reach them.
Make no mistake, the teachers are not the problem, but with proper
resources, they can be a big part of the solution. Many teachers have
not been trained to individualize instruction for these special needs
students.
This isn't a straightforward manner of simply developing special
curricula. Spending time with peers is crucial for the development of
these students, especially if we want them to attain the social,
communicative, and educational skills we know they are capable of.
One area I have focused on is educated children with autism. Without
the proper training, misconceptions, such as the Rain Man savant, run
rampant. Autism is a spectrum disorder, meaning that the Hollywood
depiction is an extreme, with highly functional students with
Aspbergers on the other end and every level of functionality in
between. The signals are abundant, but recognizing them is not just a
matter of common sense.
The untrained educator may not know why a student with autism refuses
to make eye contact, suddenly stops socializing, acts out, or
completely cuts off all communication. What's more troublesome is that
the wrong response, in many cases the normal, logical response, can
send a child into a downward spiral.
And what has escaped many is the tremendous scope and urgency of what
we're dealing with. Already 1 in 150 children is diagnosed with autism,
and the number is escalating at an alarming rate. An analysis of the
U.S. Department of Education special education data revealed that the
number of students with a diagnosis of autism has increased more than
500 percent since 1993, and by 2014 the number is expected to increase
1800 percent.
We cannot afford to wait to address the needs of these children and
others with special needs. That is why I am proposing a new grant
program for institutions of higher education working to better prepare
general education teachers for success in helping students with
disabilities. Institutions would partner with high-need local education
agencies to place qualified teacher candidates into the areas that need
the most help.
The Teach to Reach grants will give our teachers the tools to
properly engage students with disabilities. Truly engaging the students
not only improves the quality of learning for special needs students
but for everyone in the classroom. These grants will provide just the
sort of preparation that is needed. Teacher candidates will learn how
to use Response to Intervention, a scientifically based intervention
strategy that allows a teacher to pinpoint the specific skills students
need in order to progress. They will train in positive behavioral
support strategies that will enable them to manage and improve
challenging behaviors in the classroom and also learn how to work with
their special education and related colleagues to develop and implement
individualized educational programs so that students with disabilities
will have their diverse needs met.
In classroom after classroom across the Nation, these grants can make
the difference between students trapped by misunderstanding and
teachers reaching their students and helping them unlock their
potential to succeed in school and excel in life.
This program is endorsed by the NEA, the American Association of
Colleges for Teacher Education, the Higher Education Consortium for
Special Education, and many organizations that advocate for the
education of students with disabilities.
I strongly encourage my colleagues to join me in supporting this
amendment so that we may empower our Nation's teachers to reach all of
our children.
Madam Chairman, I yield back the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I rise to claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition, although I am not opposed to this amendment.
Let me just clarify for our colleagues what this amendment is about,
at least from my perspective.
If you are a high school special education teacher, you are probably
familiar with autism and dyslexia, and by virtue of your training and
daily experience, you know how to relate to the children with these
special needs pretty well. But what if you are a 10th grade history
teacher trained in, obviously, teaching history? It may be a little
more challenging for you to teach children who have autism or dyslexia
unless you have some special training to help you teach them history.
So what this amendment does is to provide funding for these general
education teachers to partner up with their 4-year universities to get
some extra training in teaching children with special needs.
That seems like a commonsense approach to us. So I will be voting for
this amendment and urge my colleagues to do the same.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Kentucky (Mr. Yarmuth).
The amendment was agreed to.
{time} 1515
Amendment No. 12 Offered by Mr. Hastings of Florida
The Acting CHAIRMAN. It is now in order to consider amendment No. 12
printed in House Report 110-523.
Mr. HASTINGS of Florida. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 12 offered by Mr. Hastings of Florida:
Page 679, line 13, strike the close quotation marks and
following period and after such line insert the following new
part:
``PART R--PATH TO SUCCESS PROGRAM
``SEC. 887. PATH TO SUCCESS.
``(a) Purpose.--The purpose of this part is to encourage
community supported programs that--
``(1) leverage and enhance community support for at-risk
young adults by facilitating the transition of such young
adults who are eligible individuals into productive learning
environments where such young adults can obtain the life,
social, academic, and vocational skills and credentials
necessary to strengthen the Nation's workforce;
``(2) provide counseling, as appropriate, for eligible
individuals participating in the programs to allow such
individuals to build a relationship with one or more guidance
counselors during the period that the individuals are
enrolled in the programs, including providing referrals and
connections to community resources that help eligible
individuals transition back into the community with the
necessary life, social, academic, and vocational skills after
being in detention, or incarcerated, particularly resources
related to health, housing, job training, and work-place
readiness;
``(3) provide training and education for eligible
individuals participating in the programs, to allow such
individuals to assist community officials and law enforcement
agencies with the deterrence and prevention of gang and youth
violence by participating in seminars, training, and
workshops throughout the community; and
``(4) provide each eligible youth participating in the
programs with individual attention based on a curriculum that
matches the interests and abilities of the individual to the
resources of the program.
``(b) Reentry Education Program.--
``(1) Grant program established.--The Secretary is
authorized to award grants to community colleges to enter
into and maintain partnerships with juvenile detention
centers and secure juvenile justice residential facilities to
provide assistance, services, and education to eligible
individuals who reenter the community and pursue, in
accordance with the requirements of this part, at least one
of the following:
``(A) A certificate of graduation from a school providing
secondary education, a general equivalency diploma (GED), or
another recognized equivalent of such a certificate or
diploma.
``(B) A certificate of completion for a specialized area of
study, such as vocational training and other alternative
post-secondary educational programs.
``(C) An associate's degree.
``(2) Grant period.--A grant awarded under this part shall
be for one 2-year period,
[[Page 1739]]
and may be renewed for an additional period as the Secretary
determines to be appropriate.
``(3) Application.--A community college desiring to receive
a grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary shall require, which shall
include--
``(A) an assessment of the existing community resources
available to serve at-risk youth;
``(B) a detailed description of the program and activities
the community college will carry out with such grant; and
``(C) a proposed budget describing how the community
college will use the funds made available by such grant.
``(4) Priority.--In awarding grants under this part, the
Secretary of Education shall give priority to community
colleges that accept the highest number of eligible
individuals from high-risk areas, and among such community
colleges, shall give priority to community colleges that the
Secretary determines will best carry out the purposes of this
part, based on the applications submitted in accordance with
paragraph (3).
``(c) Allowable Uses of Funds.--A community college awarded
a grant under this part may use such grant to--
``(1) pay for tuition and transportation costs of eligible
individuals;
``(2) establish and carry out an education program that
includes classes for eligible individuals that--
``(A) provide marketable life and social skills to such
individuals;
``(B) meet the education program requirements under
subsection (d);
``(C) promote the civic engagement of such individuals; and
``(D) facilitate a smooth reentry of such individuals into
the community;
``(3) create and carry out a mentoring program--
``(A) that is specifically designed to help eligible
individuals with the potential challenges of the transitional
period from detention to release;
``(B) is created in consultation with guidance counselors,
academic advisors, law enforcement officials, and other
community resources; and
``(C) that is administered by a program coordinator,
selected and employed by the community college, who shall
oversee each individual's development and shall serve as the
immediate supervisor and reporting officer to whom the
academic advisors, guidance counselors, and volunteers shall
report regarding the progress of each such individual;
``(4) facilitate employment opportunities for eligible
individuals by entering into partnerships with public and
private entities to provide opportunities for internships,
apprenticeships, and permanent employment, as possible, for
such individuals; and
``(5) provide training for eligible individuals
participating in the programs, to allow such individuals to
assist community officials and law enforcement agencies with
the deterrence and prevention of gang and youth violence by
participating in seminars and workshop series throughout the
community.
``(d) Education Program Requirements.--An education program
established and carried out under subsection (c) shall--
``(1) include classes that are required for completion of a
certificate, diploma, or degree described in subparagraphs
(A) through (C) of subsection (b)(1);
``(2) provide a variety of academic programs, with various
completion requirements, to accommodate the distinctive
academic backgrounds, learning curves, and concentration
interests of the eligible individuals who participate in the
program;
``(3) offer flexible academic programs that are designed to
improve the academic development and achievement of eligible
individuals, and to avoid high attrition rates for such
individuals; and
``(4) provide for a uniquely designed education plan for
each eligible individual participating in the program, which
shall require such individual to receive, at a minimum, a
certificate or diploma described in subparagraph (A) of
subsection (b)(1) to successfully complete such program.
``(e) Reports.--Each community college awarded a grant
under this part shall submit to the Secretary of Education a
report--
``(1) documenting the results of the program carried out
with such grant; and
``(2) evaluating the effectiveness of activities carried
out through such program.
``(f) Definitions.--In this part:
``(1) Community college.--The term `community college'
means a public or nonprofit institution of higher education
(as such term is defined in section 101 or 102(a)(2)(B)),
that--
``(A) provides an educational program of not less than two
years; and
``(B) that is accredited by a regional accrediting agency
or association.
``(2) Eligible individual.--The term `eligible individual'
means an individual who--
``(A) is 16 to 25 years of age;
``(B) has been convicted of a gang-related offense, and has
served a period of detention in a juvenile detention center
for such offense; and
``(C) is detained in, or has been released from, such
center.
``(3) Gang-related offense.--The term `gang-related
offense' means conduct constituting any Federal or State
crime, punishable by imprisonment in any of the following
categories:
``(A) A crime of violence.
``(B) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant,
or burglary.
``(C) A crime involving the manufacturing, importing,
distributing, possessing with intent to distribute, or
otherwise dealing in a controlled substance or listed
chemical (as those terms are defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)).
``(4) Guidance counselor.--The term `guidance counselor'
means an individual who works with at-risk youth on a one-on-
one basis, to establishing a supportive relationship with
such at-risk youth and to provide such at-risk youth with
academic assistance and exposure to new experiences that
enhance their ability to become responsible citizens.
``(5) High-risk area.--The term `high-risk area' means a
specified area within a State where there is a
disproportionately high number of gang-related activities
reported to State and local law enforcement authorities.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Florida (Mr. Hastings) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida.
Mr. HASTINGS of Florida. Madam Chairman, I rise today with my good
friend from California, Congresswoman Linda Sanchez, to offer an
amendment to the College Opportunity and Affordability Act. I certainly
commend the Chair and ranking member for all of their efforts on this
measure.
Madam Chairman, gang violence is a cycle that poisons many of our
districts and deprives many of our youth from pursuing productive
educational opportunities. Many who have been engaged in gang activity
unfortunately return to the same streets after they serve time in our
juvenile justice system, and the cycle begins again. Only holistic
partnerships that engage entire communities are going to break this
cycle of gang activity.
To meet this need, I introduced the Path to Success Act July 6 of
last year. Our amendment today reflects the content of the Path to
Success Act and will authorize a nationwide program through the
Department of Education to promote public and private community-
centered partnerships aimed at reducing gang violence.
Madam Chairman, our amendment will establish a program that is set up
to the task of disrupting the juvenile justice pipeline. It will give
former gang members a chance to attend college and be engaged
positively in their communities. Through educational and vocational
training opportunities at community colleges as well as partnerships
with law enforcement for pro-active gang prevention efforts, our
amendment will give former gang members hope for the future while
taking juvenile justice in a new direction.
Also the American Psychological Association, the American Association
of Community Colleges agree with the need for this new direction and
have endorsed our amendment.
I urge our colleagues to support this amendment.
I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I claim the time in
opposition.
The Acting CHAIRMAN. The gentleman is recognized for 5 minutes.
Mr. KELLER of Florida. Thank you, Madam Chairman.
I claim the time in opposition although I am not opposed to this
amendment. We have seen a skyrocketing problem, at least in my home
State of Florida, with the rise in violent juvenile crime. In my area,
central Florida, we have seen juvenile robberies over the past 2 years
of kids of 15 and under increase by 311 percent.
When I talk with the experts about this problem, I am told that we do
need a holistic approach, as my colleague, Congressman Hastings, says;
and that for the worst of the worst offenders, the repeat violent
offenders, people who slit other kids' throats, you have got to lock
them away. But on the front end when you can still have hope to catch
some of these kids and turn them around, we have to make every effort
to do it.
[[Page 1740]]
The reason I say that is because when we look at the statistics in
Florida we find that 80 percent of the inmates in our jails and prisons
are high school dropouts. If we deal with them holistically, we say,
hey, if you're going to stay in school, we will give you a Pell grant
to pay for a college education so you can have a nice car and a home.
If you are willing to stay in school but you can't read, we will get
you a reading coach to help you read, even if you are in high school.
We are going to get you a mentor to get you through it.
We have to give these young people hope in educational and job
opportunities and approach it holistically. Yes, that means prevention,
but you also need tough enforcement. I think this amendment recognizes
you need all of it. And so we are pleased to support this amendment. I
urge my colleagues to do the same.
I yield back the balance of my time.
Mr. HASTINGS of Florida. At this time, I am pleased to yield 1\1/2\
minutes to my colleague from California, the original cosponsor of this
measure, Ms. Linda Sanchez.
Ms. LINDA T. SANCHEZ of California. I would like to thank my
colleague, Mr. Hastings.
And, Madam Chairman, I rise in support of the Hastings-Sanchez
amendment to H.R. 4137, the College Opportunity and Affordability Act.
I thank Mr. Hastings for his leadership on this issue and was pleased
to work with him in this effort to provide constructive opportunities
for youthful offenders.
The Hastings-Sanchez amendment would authorize grants to community
colleges to create partnerships with juvenile detention centers and
residential facilities that would reduce recidivism rates by providing
education, vocational training, counseling, and related activities.
Gangs, crimes, and youth problems are often symptoms of larger
problems, problems that require comprehensive solutions. Too often, we
have spent far more time, money, and effort on enforcement than we have
on prevention, missing opportunities to rehabilitate the youth that we
incarcerate.
Unfortunately, taxpayers have not experienced a great return on these
massive anti-gang investments. For example, the State of California
will spend over $9 billion on incarceration this year, yet gang
activity in California continues to rise.
Young people who are involved in gangs do not have to be condemned to
a lifetime in gang involvement.
This amendment would leverage power of community colleges to help in
the campaign against youth violence. Community colleges already have
expertise in providing job training and education to nontraditional
students. By encouraging them to develop partnerships with other local
agencies and community-based organizations, we can multiply the
opportunities that young ex-offenders have to get involved in their
communities in a positive way and cut down on the odds that they will
return to gang activity.
I urge my colleagues to support the Hastings-Sanchez amendment to
help make our communities safer.
Mr. HASTINGS of Florida. At this time, I am very pleased to yield 1
minute to my very good friend from Virginia, Representative Scott.
Mr. SCOTT of Virginia. Madam Chairman, I thank the gentleman for
yielding.
Madam Chairman, this amendment is a significant step forward in
prevention and intervention efforts to reduce juvenile and gang crime.
For far too long, the Congress has focused its crime policy on waiting
for crimes to occur before anything is done. This has contributed to
what the experts at the Children's Defense Fund call the ``cradle to
prison pipeline.''
Since 1970, the number of individuals incarcerated in the United
States has risen from over 300,000 to over 2 million. Initiatives such
as this, along with initiatives such as the Youth Promise Act, will
create investments in strategies that deal with the root cause of
crime, resulting in greater crime reduction and a cost savings to
taxpayers. We must begin making meaningful investments in our Nation's
youth, and this amendment is a strong step in that direction.
I thank Representatives Hastings and Sanchez for their leadership and
encourage my colleagues to support the amendment.
Mr. HASTINGS of Florida. Madam Chairman, I yield back the balance of
my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida (Mr. Hastings).
The amendment was agreed to.
Amendment No. 13 Offered by Mr. Welch of Vermont
The Acting CHAIRMAN. It is now in order to consider amendment No. 13
printed in House Report 110-523.
Mr. WELCH of Vermont. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 13 offered by Mr. Welch of Vermont:
Page 63, after line 17, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 112. ENDOWMENT REPORTING.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this
Act) the following new section:
``SEC. 136. ENDOWMENT REPORTING.
``Each institution of higher education shall annually
submit to the Secretary, in a form prescribed by the
Secretary, a report on the expenditures made by such
institution from any endowment funds of the institution for
the purpose of reducing the costs of the programs of
instruction offered by such institution, including the
specific amounts expended for grants and other aid to reduce
the amounts charged for tuition, fees, textbooks, meals, room
and board.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Vermont (Mr. Welch) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Vermont.
Mr. WELCH of Vermont. Madam Chairman, as we know on a bipartisan
basis, the cost of college is skyrocketing, and it is putting in
jeopardy access to college and achievement of the American Dream for
kids across this entire country. The Education and Labor Committee has
taken a number of very concrete steps to try to address that. And this
Congress passed a major increase in financial aid, $17 billion, over 5
years. Over the last 10 years, student aid has increased from $37
billion to $86 billion. But every time we raise a dollar in financial
aid, if it is a dollar increased in tuition that is burned away, the
students are continuing to graduate and swim in a sea of debt.
So if we are going to continue on this effort and be successful in
making college affordable for average kids wanting to achieve the
American Dream, we have to work on both sides of the equation. We have
to address the financial aid side, which we are doing our best to do,
and do it in the context of enormous budgetary pressures, and we also
have to do it on the cost side. And we have to look to our university
administrators to work with us to do everything that is possible to
constrain the ever-rising cost of college education.
Many kids now are graduating with a debt that is equivalent to what
was the mortgage on the first house that I bought, and they don't have
the home. They do have the education.
This amendment is very simple. It would require colleges and
universities to annually report to the Department of Education on how
much of their endowment was spent each year for the purpose of
containing college cost, including tuition, fees, textbooks, meals, and
room and board. And it would provide Congress really with much-needed
information, the same information that goes to the trustees, so it is
not in any way a significant burden.
We have to work together if we are going to be successful in
containing costs. And we have to acknowledge that we have to work on
that cost side as well as on the financial aid side. So this amendment
would give us information to work with colleges in trying to achieve
that goal to maintain cost affordability for our kids.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
[[Page 1741]]
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, one of the most frustrating
things that Members of Congress have had to deal with over the past 5
years on a bipartisan basis is the skyrocketing cost of tuition. Over
the past 5 years, tuition at public 4-year universities has gone up 31
percent. And we are frustrated because you want to rein in the tuition
costs, but at the same time you are hesitant to implement any sort of
cost control or micromanaging of these universities.
What this amendment says essentially is that we are going to ask the
college to tell us what your endowment is and how much of it you spent
on helping kids with their aid to go to your college. Sometimes that
will mean that gives us an opportunity to really thank these colleges
for doing a great job. For example, Harvard University has a $34
billion endowment. They recently received nationwide publicity, well
deserved, for using that endowment to say, if you are accepted to
Harvard and you are from a low-income family, we are going to use our
endowment to pay for you to come here. If you are from a middle income
family, we are going to pay for you to come here. If you are from an
upper-middle-income family, all the way up to $180,000, we are still
going to help you with tuition. I think that is wonderful. And you have
seen other schools, Yale and others, follow suit.
We would like to see exactly what schools across America are doing on
the positive front to use their endowment to help low- and moderate-
income kids go to college, and on the flip side what schools with
substantial endowments are not making any efforts to help these low-
and moderate-income kids get a college education.
So for these reasons, I will be voting for this amendment, and I will
urge my colleagues to also vote for the amendment.
I reserve the balance of my time.
Mr. WELCH of Vermont. I yield to the chairman such time as he may
consume.
Mr. GEORGE MILLER of California. I rise in support of Mr. Welch's
amendment and thank Mr. Keller for his support of this amendment. Mr.
Keller has laid it out quite correctly.
We have been struggling with this for a number of years. I think that
this amendment helps with the transparency and with the information
that we need to know as we continue to consider public policy. I say
that because growing numbers of Members of Congress come up to me every
week after they go home and talk about they have been asked the
question about the increased costs of college. We know it is complex.
We know it is difficult. And we know that it is not easily given to the
idea that one policy fits all, one size fits all, whatever cliche you
want to use.
But it must be addressed when we are asking the taxpayers to continue
to step up and to provide the assistance to these families so that we
can create a strong Nation and a strong economy and well-educated
individuals that are critical to maintaining the democracy in a complex
world. So I want to thank the gentleman for offering this amendment and
ask my colleagues to support it.
Mr. KELLER of Florida. Madam Chairman, I yield back the balance of my
time.
Mr. WELCH of Vermont. Madam Chairman, I yield back the balance of my
time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Vermont (Mr. Welch).
The amendment was agreed to.
Amendment No. 16 Offered by Ms. Eddie Bernice Johnson of Texas
The Acting CHAIRMAN. It is now in order to consider amendment No. 16
printed in House Report 110-523.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I offer an
amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 16 offered by Ms. Eddie Bernice Johnson of
Texas:
Page 249, after line 5, insert the following new subsection
(and redesignate the succeeding subsections accordingly):
(f) Calculation of Federal Pell Grant Eligibility.--
(1) Amendment.--Section 401(f) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(f)) is amended by adding at the end
the following new paragraph:
``(4)(A) Notwithstanding paragraph (1) or any other
provision of this section, the expected family contribution
of each student described in subparagraph (B) shall be deemed
to be zero for the period during which each such student is
eligible to receive a Federal Pell Grant under subsection
(c).
``(B) Subparagraph (A) shall apply to any student at an
institution of higher education--
``(i) whose parent or guardian was a member of the Armed
Forces of the United States who died as a result of
performing military service in Iraq or Afghanistan after
September 11, 2001; and
``(ii) who was 18 years or less, or was enrolled as a full-
time or part-time student at an institution of higher
education, as of the time of the parent or guardian's
death.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to Federal Pell Grants awarded for
academic year 2009-2010, and each succeeding academic year.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) and a Member opposed
each will control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
{time} 1530
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I rise today in
strong support of the Johnson-Young amendment to expand higher
education opportunities for the children of fallen soldiers.
Since the year 2001, more than 4,400 U.S. servicemembers have died
during their deployment in Iraq or Afghanistan. Historically, war has
cost America the lives of our sons and daughters. However, the soldiers
serving today in Iraq and Afghanistan are not just single men; 40
percent of the servicemembers in Iraq are married and 30 percent have
children. The soldiers we have lost are not only our sons and
daughters, but our husbands and wives and fathers and mothers.
As we reflect on the cost of this war, we must realize that many of
these brave young men and women have left families and young children
behind. These young men and women include Sergeant Paul Sanchez, a
native of Irving, Texas, who was killed last January by an IED in Iraq,
leaving behind a wife, a 12-year-old daughter and a 10-year-old son;
and Second Lieutenant John Craver who was killed in October 2006 in
Baghdad. A native of McKinney, Texas, he left behind a wife and three
children. As well as Specialist Jessica Cawvey, who was killed in
Fallujah in 2004. She was a 21-year-old single mother and left behind a
6-year-old daughter. These are just a few of more than 2,100 children
who have lost a parent in the conflicts in Iraq and Afghanistan.
The death of a parent is not only emotionally devastating for a child
but often creates financial hardships for their family. The Johnson-
Young amendment offers financial assistance and access to higher
education for children who lost a parent or guardian as a result of
this war. It allows the children who have been left behind to have
access to a maximum Pell Grant award. Through this Pell Grant award, we
can offer a chance for a bright future for the children of those brave
young men and women who gave their lives in the name of service for our
country.
Mr. GEORGE MILLER of California. Madam Chairman, will the gentlewoman
yield?
Ms. EDDIE BERNICE JOHNSON of Texas. I yield to the gentleman from
California.
Mr. GEORGE MILLER of California. I want to thank the gentlewoman for
bringing this amendment to the attention of the committee. I think it
is a very good amendment and it is the right thing for us to do with
respect to these families that have paid such a high price for their
service to our country. I thank the gentlewoman, and I urge our
colleagues to support it.
[[Page 1742]]
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I reserve the
balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, I yield such time as he may
consume to the gentleman from Alaska (Mr. Young).
Mr. YOUNG of Alaska. I thank the ranking member, and I thank the
gentlewoman from Texas (Ms. Eddie Bernice Johnson) for introducing this
legislation. I am the cosponsor of the amendment, and I thank the
chairman of the full committee.
The proportion of married U.S. soldiers serving in Iraq and
Afghanistan is higher today than in any other previous war, including
the Civil War. Consequently, when these brave men and women are killed
in the line of duty, they often leave behind husbands, wives and
children.
Since 2001, more than 4,400 U.S. servicemembers have died during
their deployment in Iraq or Afghanistan, and more than 2,100 children
have lost a parent as result of the conflicts in Iraq and Afghanistan.
Nine months after Fort Wainwright's Stryker Brigade Combat Team
returned from their deployment in Iraq, Bassett Army Community Hospital
in Fairbanks delivered a record number of babies. Those babies will be
a year old when their parents redeploy this fall. This amendment, which
I have offered with the distinguished gentlewoman from Texas, will
ensure that they deploy with the knowledge that, if necessary, their
children's education will be taken care of.
Our amendment will provide financial assistance and access to higher
education for children who lost a parent or guardian as a result of our
ongoing military presence in Iraq and Afghanistan. It allows the
children who have been left behind to have access to a maximum Pell
Grant award by waiving the income eligibility requirement for them.
It will apply to children of U.S. soldiers who have died while
performing military service in Iraq or Afghanistan after September 11,
2001. Children who are 18 years or younger or those enrolled part time
or full time at college at the time of the parent or guardian's death
will be eligible for a Pell Grant application starting in 2009.
The death of a parent is not only emotionally devastating for a
child, but often creates a financial hardship for the family. Through
this Pell Grant award we can offer a chance for a bright future for the
children of those who gave their lives in the name of service for their
country.
I urge my colleagues to support our amendment and help those children
who have been left behind. I would like to thank the distinguished
gentlewoman from Texas for offering this amendment with me and reaching
across the aisle in a bipartisan way to solve some of the problems
caused by this war.
Mr. KELLER of Florida. Madam Chairman, I just want to thank
Congresswoman Johnson and Congressman Young for offering this wonderful
amendment. This will mean that the 2,100 children of parents who died
in Iraq or Afghanistan will be able to get the full Pell Grant, which
is about $4,800 this year and will be upped to $5,400 by 2012. It is
certainly the least we can do.
There are many more things we want to do beyond this to help these
children whose parents paid the ultimate sacrifice. But I think it is
wonderful that these two Congressmen have come forward with this very
commonsense and important amendment. I enthusiastically support it and
urge my colleagues on both sides of the aisle to support it as well.
Madam Chairman, I yield back the balance of my time.
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Chairman, I would like to
thank the chairman of the full committee and his staff for working with
me on these important issues that will help to deliver for the needs of
our Nation's students. I thank Mr. Young, and I urge my colleagues to
support this legislation.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Eddie Bernice Johnson).
The amendment was agreed to.
Amendment No. 17 Offered by Mr. Stupak
The Acting CHAIRMAN. It is now in order to consider amendment No. 17
printed in House Report 110-523.
Mr. STUPAK. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 17 offered by Mr. Stupak:
Page 335, after line 14, insert the following:
``(14) Superintendents, principals, and other
administrators.--Individuals who are school superintendents,
principals, or other administrators for 5 consecutive
complete school years in a school district of a local
educational agency in which 30 percent or more of the schools
are schools that qualify under section 465(a)(2)(A) for loan
cancellation for Perkins loan recipients who teach in such a
school.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Michigan (Mr. Stupak) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Michigan.
Mr. STUPAK. Madam Chairman, the loan forgiveness programs under the
Ford Direct Loan Program and Federal Family Education Loans encourage
teaching professionals to take positions in low-income schools.
Like teachers, qualified school administrators and principals are
crucial to creating an effective learning environment. Unlike teachers,
however, school administrators and principals at low-income schools are
not given access to the same loan forgiveness programs. In fact, under
current law, if a teacher is eligible for loan forgiveness but is
promoted to an administrator or principal in that same school, the
newly promoted teacher loses access to the loan forgiveness programs
for which they were previously eligible. As a result, low-income school
districts often have difficulty recruiting talented principals and
administrators to their districts.
My amendment would extend eligibility of the Ford Direct Loan Program
and the Federal Family Education Loans to full-time school
superintendents, principals, or other administrators after completing 5
consecutive school years in a school district in which at least 30
percent of the schools are defined as low income.
This amendment is supported by the National Education Association,
the National Association of Secondary School Principals, and by the
American Association of School Administrators. Furthermore, the
Congressional Budget Office has indicated that this amendment will not
violate the pay-as-you-go rules.
I urge Members to support my amendment to help recruit and retain
talented and qualified school administrators and principals.
Also, Madam Chairman, I include for the Record a letter from the
National Association of Secondary School Principals in support of this
legislation.
Hon. Bart Stupak,
Rayburn House Office Building,
Washington, DC.
February 6, 2008.
Dear Congressman Stupak: On behalf of the 31,000 members of
the National Association of Secondary School Principals
(NASSP), I would like to express our support for an amendment
you will be offering to the College Opportunity and
Affordability Act (H.R. 4137). The amendment would extend
eligibility of the William D. Ford Direct Loan Program and
the Federal Family Education Loans to principals and other
school administrators who serve for 5 consecutive years in a
low-income school or school district.
The No Child Left Behind Act (NCLB) expanded the federal
role in education and brought to light the impact educators
have on improving student achievement. A study by the
Southeast Center for Teaching Quality on the working
conditions of teachers found that high-quality leadership was
the single greatest predictor of whether or not high schools
made adequate yearly progress as defined by NCLB--more then
either school size or teacher retention. But the demands
[[Page 1743]]
on principals and their need for advanced training
particularly in instructional leadership--are growing and
have made the job much more challenging.
It is becoming increasingly difficult to attract
prospective candidates to the principalship, but just as
troubling, it is harder to keep effective and experienced
administrators on the job. The U.S. Bureau of Labor
Statistics projected a 13 percent increase in job openings
for principals between 2000 and 2010, stemming in part from a
large proportion of principals who planned to retire during
the same time period. Additionally, Advocates for Children &
Youth released a study in December 2007 that found ``an
alarming proportion of Maryland's poorest and lowest-
performing schools have the least experienced principals and
struggle with high turnover in leadership.''
Congress must be creative in providing new incentives to
attract effective principals and school administrators to
enter and then remain in the profession, and your amendment
is an opportunity to do just that. While new programs are
being developed to attract teachers to low-income schools,
principals are not given the same access to these loan
forgiveness programs. In fact, under current law, if a
teacher is eligible for loan forgiveness but is promoted to
an assistant principal or principal position in the same
school, the newly promoted teacher loses his or her
eligibility.
NASSP strongly feels that your amendment will help to
attract and retain highly effective principals in the schools
where they are most needed. We look forward to working with
you to ensure that this important provision is enacted into
law.
Sincerely,
Gerald N. Tirozzi,
Executive Director, National Association of Secondary
School Principals.
I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, we want the best and the
brightest to go into the inner city, low-income areas to give these
young people as much hope and opportunity as we can. Right now, we
already provide student loan relief for math and science teachers who
are willing to go into these low income areas to help turn around a
school.
When I look at Mr. Stupak's amendment, it reminds me of the movie
``Lean on Me,'' where it has a principal who goes into a low-income
area and, against all odds, completely turns around the school.
We want the best and the brightest of our assistant principals,
principals, and school superintendents to go into these areas and say,
Hey, look at all these young people who are taking AP calculus and AP
English, and we are excited, and we turned things around.
The more we can do to get the best and the brightest into these inner
city areas, then the better these young people's lives will be. So I am
happy for those reasons to support this amendment, and I urge my
colleagues on both sides of the aisle to do the same.
Madam Chairman, I yield back the balance of my time.
Mr. STUPAK. Madam Chairman, I yield such time as he may consume to
Mr. Miller, the chairman of the full committee.
Mr. GEORGE MILLER of California. Madam Chairman, I want to thank the
gentleman for offering this amendment and join Mr. Keller in support of
this amendment. I think this is an important amendment. As the
gentleman pointed out, not only are these difficult positions, but they
are becoming more and more difficult to fill with the wave of
retirements and all the other impacts on schools. I want to thank him
for bringing this to our attention and getting it included in the bill.
I join in its support.
Mr. STUPAK. Madam Chairman, I would just like to thank the committee
chairman, Mr. Miller, and Mr. Keller for their help and support of this
amendment, and the staffs and my staff for making this a possibility.
Madam Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Michigan (Mr. Stupak).
The amendment was agreed to.
Amendment No. 18 Offered by Mr. Doggett
Mr. DOGGETT. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 18 offered by Mr. Doggett:
Page 367, after line 19, insert the following new section:
SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED
ANALYSIS.
Section 480(a)(1) of the Higher Education Act of 1965 (20
U.S.C. 1087vv(a)(1)), as amended by section 473 of this Act,
is further amended by adding at the end the following new
sentence: ``Notwithstanding the preceding sentence, the
Secretary shall, by regulation, provide for the use of the
second preceding tax year when and to the extent necessary to
carry out the simplification of applications used for the
estimation and determination of financial aid eligibility
through the sharing of data with the Internal Revenue Service
with the consent of the taxpayer.''.
Page 395, line 17, strike `` REPORT''; on line 18, strike
``(a) Sense of Congress.--''; and on page 396, beginning on
line 18, strike subsection (b).
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Texas (Mr. Doggett) and a Member opposed will each control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. DOGGETT. Madam Chairman, I yield myself two minutes.
This is the time of year when millions of families all over the
country are working with their high school seniors. The college
applications are in, but now it is time to try to figure out how to pay
for college and higher education.
The task of completing these complex forms for student financial
assistance can be very daunting. The Free Application for Federal
Student Aid, or FAFSA, as it is known, is 11 pages long. It includes
more than 100 questions and it has three worksheets. The Secretary of
Education has called it ``longer and more complicated than a Federal
tax form.'' In trying to complete the current application, students
would actually probably benefit from having gone to college to do the
accounting necessary to be able to set foot in a college classroom.
As David Cay Johnston, a Pulitzer Prize winning author and New York
Times reporter comments in his new book, ``Free Lunch,'' each year an
estimated 1.5 million students decline to seek federal student
financial assistance for which they are eligible because the form is
too complicated.
A report produced by the Institute for College Access and Success
supports the approach that is taken in this amendment, and it
identifies about a third of the questions that it highlights in its
report as being questions that could be deleted if we could simply get
two bureaucracies to communicate with one another.
That is really all that this amendment is about, trying to make the
forms less complicated by getting the Internal Revenue Service and the
Department of Education to communicate with each other and eliminate
the confusion, to share data that is already available. This amendment
would authorize the Secretary of Education to provide for the use of
tax data that the IRS has available when the student aid form is due in
February.
{time} 1545
Under this proposal, students would not lose their ability to correct
any information that the Department of Education gets that might not be
accurate.
The access would be improved; the accuracy would be improved. And it
works both ways: Just as we want to be sure that no student eligible
for aid is denied that aid, or as is currently happening, because of
the complex form, we also want to be sure that no student ineligible
gets that aid.
That's one of the reasons that the Bush Administration proposed
something similar to what I am advancing, because they were concerned
that about $350 million every year in assistance is provided and lost
as a result of inaccurate information. So it will be a two-way street:
get the information that is needed, minimize the confusion and the
bureaucracy, and help more
[[Page 1744]]
students obtain the opportunity to get a college education.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, at this time I yield 3 minutes
to the gentleman from North Carolina (Mr. Hayes).
Mr. HAYES. I thank Congressman Keller for yielding.
Madam Chairman, I rise today in support of the Doggett amendment. I
believe this amendment will simplify the application process for
students and families seeking financial aid.
I feel that the Free Application for Federal Student Aid, FAFSA, is
overly complicated and a real burden on students and parents who need
the most financial assistance. I believe we must take the burden off
families and put more of it on the IRS and the Department of Education.
Current language in the bill encourages the Secretaries of Education
and the Treasury to work together. By adopting this amendment, we are
requiring the Federal agencies to work together to use existing IRS
data to get positive outcomes.
With the implementation of data matching, we can eliminate the
cumbersome and confusing FAFSA questions, increase the accuracy of the
data used in calculating aid eligibility, and ensure that Federal
financial aid dollars are going to the right people for the right
reasons.
The issue was brought to my attention by University of North Carolina
President Erskine Bowles. I worked closely with him on this issue and
hope to see the changes that we discuss, which are included in this
amendment, be included in the final bill.
I thank Mr. Bowles and the UNC system for their commitment to making
the FAFSA easier for students and families. Again, if we are going to
evaluate this issue, let's do it right. Let's put more of the burden on
the government to make the financial aid application process easier for
students and families who are applying for assistance.
I appreciate Chairman Miller and Ranking Member McKeon for their
dedication in improving our education and hope that my colleagues will
support the Doggett amendment.
Mr. KELLER of Florida. Madam Chairman, I also rise in support of this
amendment, which will encourage the prepopulation of the FAFSA income
and asset information with tax data provided directly from the IRS to
the Department of Education, if done by taxpayer consent.
In a nutshell, this amendment will greatly simplify the financial aid
process and help to eliminate erroneous payments under the Pell Grant
program. By taking these commonsense steps, it is estimated that the
Federal Government would save billions of dollars over the next 5
years, which could go toward providing additional Pell Grant aid to our
most disadvantaged students.
For all of these reasons, I urge its adoption and yield back the
balance of my time.
Mr. DOGGETT. Thank you very much, and I thank Mr. Keller and Mr.
Hayes for their important comments and yield 1 minute to Chairman
Miller for his observations.
Mr. GEORGE MILLER of California. I thank the gentleman from Texas
(Mr. Doggett). Thank you so much for offering this amendment.
Madam Chairman, this is a critical amendment if we are, in fact,
going to simplify the process of applying for student loans, if we are
going to make it understandable to parents and to students who make
these applications, and we are going to cut down the time that is
required by them to do this.
This linking of the data between the IRS and the Department of
Education, we have been given excuse after excuse after excuse why this
couldn't be done. The Doggett-Hayes amendment allows this to happen,
requires that it happen. It's very important that we support this
amendment and that it be part of the final bill when it comes out of
the conference committee.
I want to thank the gentlemen, Mr. Doggett from Texas and Mr. Hayes,
for offering this amendment, a very, very important amendment if we are
going to change the way we do business and do it on behalf of families
and students to make their life easier and to save the Federal
taxpayers a lot of money.
Mr. DOGGETT. I thank the gentleman for his comments and for the
support and encouragement that he and his staff have provided us on
this amendment. I also want to thank the Greater Austin Chamber of
Commerce for bringing this to my attention.
Austin is an area that has a very dynamic economy, and so much of our
success results from the fact that our business leaders are enlightened
and recognize that one of the best investments we can make is in our
people. We have been concerned with a workforce shortage, with needing
more highly skilled, highly educated people, and this is a measure that
the Chamber identified as part of its ``20,010 by 2010'' initiative of
trying to get college graduates from our area that can staff our many
high-tech and other companies.
I salute Sandy Hentges and Drew Scheberle and the many other members
of the Chamber staff and leadership for their work that led to this
amendment.
Let me just say in conclusion, thanks for the bipartisan support for
this measure. I hope only that with our measure, for which we have
considered a variety of different versions during recent months while
working with the committee, I just hope that both of the bureaucracies
involved here will really heed this amendment and will move
expeditiously because it will ensure more young people have an
opportunity to obtain a college education and have the support they
need, and it will also reduce the cost from those who are receiving
assistance improperly.
Madam Chairman, I yield back the balance of my time and urge adoption
of the amendment.
The Acting CHAIRMAN. The question is the amendment offered by the
gentleman from Texas (Mr. Doggett).
The amendment was agreed to.
Amendment No. 19 Offered by Mr. Baird
The Acting CHAIRMAN. It is now in order to consider amendment No. 19
printed in House Report 110-523.
Mr. BAIRD. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 19 offered by Mr. Baird:
At the end of title VIII of the bill, add the following new
section:
SEC. 814. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS.
(a) Study Required.--The Secretary shall conduct a study on
making and expanding the student aid available under title IV
of the Higher Education Act of 1965 to less-than-half-time
students. The Secretary shall submit a report on the results
of such study, including the Secretary's recommendations, to
the authorizing committees not later than one year after the
date of enactment of this Act.
(b) Subjects for Study.--The study required by this section
shall, at a minimum, examine the following:
(1) The existing sources of Federal aid for less-than-half-
time students seeking a college degree or certificate.
(2) The demand for Federal aid for less-than-half-time
students and whether the demand is satisfied by existing
sources of Federal aid, taking into consideration not only
the number of less-than-half-time students currently seeking
a college degree or certificate, but also any increase in the
number of less-than-half-time students that may result from
an expansion of Federal aid for less-than-half-time students
seeking a college degree or certificate.
(3) The potential costs to the Federal Government and the
potential benefits that could be received by students
resulting from expanding Federal aid for less-than-half-time
students seeking a college degree or certificate.
(4) The barriers to expanding Federal aid for less-than-
half-time students, including identifying--
(A) statutory and regulatory barriers, such as student
eligibility, institutional eligibility, need analysis,
program integrity, and award amounts; and
(B) other factors that may limit participation in an
expanded Federal aid program for less-than-half-time
students.
[[Page 1745]]
(c) Recommendations to Be Provided.--The Secretary's
recommendations under this section shall include
recommendations for designing a demonstration student loan
program tailored to less-than-half-time students. The
recommendations shall include any required statutory or
regulatory modifications, as well as proposed accountability
mechanisms to protect students, institutions, and the Federal
investment in higher education.
(d) Definitions.--As used in this section:
(1) the term ``Secretary'' means the Secretary of
Education;
(2) the term ``authorizing committees'' has the meaning
provided in section 103 of the Higher Education Act of 1965,
as amended by this Act;
(3) the term ``less-than-half-time student'' means a
student who is carrying less than one-half the normal full-
time work load for the course of study that the student is
pursuing, as determined by the institution such student is
attending.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Washington (Mr. Baird) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. BAIRD. Madam Chairman, I want to address a fundamental problem in
our current education and support system and it is this, people who are
not able because they lack the money to go to school on their own
expense are not eligible for student loans if they can't go more than
half time.
Ironically, this means that some of the people who are most in need
of student loans, and very often most deserving of student loans, are
ineligible for such loans. The one law we haven't been able to repeal
in Congress is the law of unintended consequences, and this is an
unintended consequence.
We should not say to hardworking men and women who would like to go
back to school to improve their education, improve their standard of
living, no, you can't get any Federal help unless you have the time to
go more than half time. It just doesn't work. I have spoken to young,
hardworking students who say, look, I am doing everything right. I am
trying to raise my family. I am working for a living. I am paying my
bills. I would like to take courses, but I can't afford to do so
without a loan, and yet I am ineligible for the loan.
What our amendment does is simply ask the Department to conduct a
study of the pros and cons of providing less than half-time students,
making them eligible for student loans and of possibly establishing a
pilot program to see how this can best be done. This amendment has
broad support. The American Association of University Women, the
National Education Association, the Hispanic Association of Colleges
and Universities, the American Association of Community Colleges and
others.
I would like to thank, particularly, the Chair and ranking member of
this committee and the subcommittee Chair, ranking member and their
staffs for their diligent work on this. It is a commonsense amendment
that will help literally millions of Americans be eligible for student
loans to further their education.
Madam Chairman, I would urge passage of this amendment and reserve
the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, we have no objections to this
amendment, will be voting ``yes.'' I urge my colleagues to do the same,
and I yield back the balance of my time.
Mr. BAIRD. Madam Chairman, I yield to the distinguished chairman, Mr.
Miller, for 30 seconds.
Mr. GEORGE MILLER of California. I want to thank the gentleman for
offering this amendment.
Madam Chairman, I think that this is a very important amendment. It
starts to make the attempt to conform our policies with the make-up of
the college population and the reasons that people go back to college,
which are much more diverse today than they were 10, 15 years ago; and
I want to thank him and urge my colleagues to support this amendment.
Mr. BAIRD. Madam Chairman, I urge passage and yield back the balance
of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Washington (Mr. Baird).
The amendment was agreed to.
Amendment No. 21 Offered by Mr. Crowley
The Acting CHAIRMAN. It is now in order to consider amendment No. 21
printed in House Report 110-523.
Mr. CROWLEY. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 21 offered by Mr. Crowley:
Page 346, after line 20, insert the following new section
(and redesignate the succeeding sections accordingly):
SEC. 427. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
Part B of title IV is further amended by inserting after
section 428L (as added by the preceding section) the
following new section:
``SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.
``(a) Program Authorized.--
``(1) Loan forgiveness authorized.--The Secretary shall
forgive, in accordance with this section, the student loan
obligation of a borrower in the amount specified in
subsection (c) who--
``(A) commits to volunteering as a mentor for a period of
at least one school year as described in subsection (b);
``(B) attends a recognized community college; and
``(C) is not in default on a loan for which the borrower
seeks forgiveness.
``(2) Method of loan forgiveness.--To provide loan
forgiveness under paragraph (1), the Secretary is authorized
to carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount for a loan made,
insured, or guaranteed under this part (other than an
excepted PLUS loan (as such term is defined in section
493C(a))); and
``(B) to cancel a qualified loan amount for a loan made
under part D of this title (other than such an excepted PLUS
loan).
``(3) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(b) Volunteer Mentoring.--For purposes of this section,
an individual shall be treated as participating in a
volunteer mentoring program if they commit to mentoring an
at-risk child for a period of not less than one school year.
``(c) Qualified Loan Amount.--At the end of each school,
academic, or calendar year of volunteering as a mentor on or
after the date of enactment of the College Opportunity and
Affordability Act of 2007 as described in subsection (b), not
to exceed 5 years, the Secretary shall forgive $10 of the
student loan obligation of a borrower that is outstanding
after the completion of each such school, academic, or
calendar year of employment, for every hour of mentoring
committed, not to exceed $10,000 in the aggregate for any
borrower.
``(d) Priority.-- The Secretary shall grant loan
forgiveness under this section on a first-come, first-served
basis, and subject to the availability of appropriations.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from New York (Mr. Crowley) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. CROWLEY. Madam Chairman, I rise today to offer an amendment that
will reward community college students who are serving an important
role in all of our communities.
Specifically, it will provide community college students who mentor
at-risk children with $10 of their student loan forgiveness for every
hour, for each hour of mentoring they complete. Not only will this loan
forgiveness help our college students afford their student loans, but
it will also help recruit mentors for at-risk children.
I am proud that this Congress is so committed to creating loan
forgiveness programs for students who work in areas of national need
after graduation. Teachers, nurses, police officers, and child welfare
workers are just some professions that will have more opportunities for
loan forgiveness under the legislation we are considering today.
I applaud the Education and Labor Committee, particularly Chairman
[[Page 1746]]
Miller and Ranking Member McKeon, for their work on this legislation.
However, unlike many of the existing programs, my amendment offers
loan forgiveness to students for volunteer work they complete while
they are still in school, not for entering a specific profession upon
graduation. For most, mentoring children is a volunteer effort and not
a full-time job, and their reward is not monetary. With the realization
that this kind of work makes a real difference, not only in the life of
the young person they are mentoring or in their own lives, but, in
fact, it helps our entire community.
Caring adults can make a difference in children's lives, and research
shows the many positive effects of mentoring. Children that have
mentors have better relationships with adults, fewer disciplinary
referrals, and more confidence to achieve their goals. Mentoring
programs are a cost-effective approach to reducing teen pregnancy,
substance abuse, incarceration, and violence.
For at-risk children who are already susceptible to these dangers,
the need for a mentor is even greater. Unfortunately, mentors are not
always easy to recruit, and finding mentors that are able to develop
long-term relationships with children can be even more difficult.
I believe that by providing a small incentive, we will compel others
to engage in this kind of volunteerism. That is why I am offering this
amendment to provide an incentive for college students to begin
mentoring now, which will hopefully lead them to continue serving as a
mentor long after they have graduated.
Community college students are ideal targets for mentoring
recruitment because they tend to have existing relationships within the
surrounding community and are likely to remain in the area after
completing their studies. This encourages a consistent mentor
relationship, which provides the most stability for at-risk children.
Of course, potential mentors can be found in many places, and I hope
that in the future we will be able to expand this program to all
colleges and universities. I know that many institutions are working on
ways to encourage their student body to get more involved in
volunteering, and I am certain that passing this amendment today will
lead to future success.
I would ask my colleagues to please join me in supporting this
amendment.
Madam Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Madam Chairman, I ask unanimous consent to
claim the time in opposition, although I am not opposed to the
amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Madam Chairman, this is a very creative
outside-the-box way to provide an incentive to recruit mentors for at-
risk kids, and I commend the author of this amendment, Congressman
Crowley, for coming up with this idea; and I will be voting for it.
I had a mentor myself when I was a young child in Big Brothers Big
Sisters program. When I got a little older and became an adult, I
became a mentor to high school students through the largest mentoring
program in Orlando, Florida, called Compact, which provides mentors to
children who are at risk of dropping out of school.
I then became chairman of the board of that organization; chairman of
the Mentoring Caucus, once I got to Congress; and a coauthor of the
Mentoring for Success Act with Congressman Tom Osborne, which is now
part of No Child Left Behind.
{time} 1600
I tell you this by way of background, because I know that the hardest
thing in mentoring organizations is recruiting mentors. I gave in 1
year 50 speeches to Rotary clubs and Kiwanis clubs to recruit 700
mentors, and it was very difficult because sometimes you only get folks
to mentor for 1 year. But I saw that once you invested the time towards
recruitment, it made a difference. That program, Compact, has a 95
percent success rate in keeping kids in school. As Congressman Crowley
alluded to, that helps all of us in terms of lower incarceration rates.
Right now, 75 percent of the inmates in our jails and prisons
nationwide are high school dropouts. State prisons cost taxpayers
$20,000 a year; Federal prisons, $25,000 a year.
If we can say to community college students, Hey, we want you to do
the right thing by providing an hour a week as a mentor, or more, and
by the way, if you do, we will help you financially for $10 an hour for
every hour you mentor for a year, that creates a pretty good pool of
folks that we can look to to do the right thing and have a financial
incentive.
I congratulate you for this innovative approach. I never thought of
it, but am impressed with it, and will be voting for it. I urge my
colleagues on both sides of the aisle to vote for it as well.
I yield back the balance of my time.
Mr. CROWLEY. I yield 30 seconds to the gentleman from California (Mr.
George Miller).
Mr. GEORGE MILLER of California. I thank the gentleman from New York
(Mr. Crowley) for offering this amendment. As has been pointed out,
mentoring can be a very powerful force in students' lives as they
struggle. To have mentoring by older students or older members of the
community who have a grasp of the subject matter can really turn around
their abilities to read and do math and comprehend so many other
subjects and lead to improved performance in school or in other
activities in the community.
I thank the gentleman for offering this and urge support of the
amendment.
Mr. CROWLEY. Mr. Chairman, let me thank the chairman, Mr. Miller, for
his comments. And thank you, Mr. Keller, for adding your own life
experience and adding that to the debate today, and for your support
for this amendment.
We have heard the expression ``this is a win-win.'' Well, this is a
win-win-win. This is a win for the at-risk youth. This is a win for the
student who will serve as a mentor and be able to repay his or her
college loan at $10 an hour for each hour that they commit to this
program, and this is a win for all of our communities as well,
mentoring at-risk youth, enabling them to have a better quality of life
through this program. And I thank both of you, and all of my
colleagues, for supporting this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Pomeroy). The question is on the amendment
offered by the gentleman from New York (Mr. Crowley).
The amendment was agreed to.
Amendment No. 22 Offered by Mr. Cooper
The Acting CHAIRMAN. It is now in order to consider amendment No. 22
printed in House Report 110-523.
Mr. COOPER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 22 offered by Mr. Cooper:
Page 244, line 7, strike ``$300,000,000'' and insert
``$500,000,000''; and on line 11, strike ``$100,000,000'' and
insert ``$125,000,000''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Tennessee (Mr. Cooper) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Tennessee.
Mr. COOPER. Mr. Chairman, this is a very simple but important
amendment. It will help Historically Black Colleges and Universities,
as well as Historically Black Graduate Institutions. What it would do
is raise the authorization level for HBCUs, Historically Black Colleges
and Universities, from the current $300 million up to $500 million,
which is a $200 million increase, and a vitally necessary $200 million
increase. It has been some 10 years since the Higher Ed. Act has been
reauthorized. It is very important that we take into account inflation
and other needs and offer to HBCUs the help that they so desperately
need.
[[Page 1747]]
The amendment would also increase for HBGIs, Historically Black
Graduate Institutions, the authorization from the current $100 million
and would take it up to $125 million.
As the chairman knows, being a Blue Dog Democrat, I am firmly
committed to finding spending cuts to pay for these eventual
appropriations, but the key is to lift the cap to allow these vitally
important national institutions to grow and prosper and continue the
wonderful job they are currently doing.
Although these institutions today are only 3 percent of the total
college and graduate population in this country, they graduate 25
percent of our minority lawyers and doctors and teachers and other
workers, so these are vitally important institutions.
I want to thank the chairman of the full committee, Mr. Miller, for
allowing this amendment. And also, in particular, our majority whip,
Mr. Clyburn, for the key role he has played in making sure that
Historically Black Colleges and Universities get the attention they
deserve.
Mr. Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I thank the gentleman for yielding, and I
rise in strong support of the Cooper amendment.
I am a great believer in what our historically black colleges have
done and continue to do. Delaware State University in my State is
clearly a good example of that. I think this authorization level
increase makes a lot of sense.
This is not something new. This has been going on for over 100 years
in our country. We have been basically educating African Americans,
sometimes in a segregated way, but now I think in every instance in a
way where we have complete desegregation, too. The historical black
colleges have played a prominent role in the education of many African
American students in our country and have provided an environment of
intellectual and cultural growth.
While comprising 2.4 percent of all 2- and 4-year title IV eligible
institutions, the Historically Black Colleges and Universities are
responsible for 23 percent of the bachelor's degrees awarded to African
Americans, 13.6 percent of all master's degrees awarded to African
Americans, and 24.1 percent of first professional degrees awarded to
African Americans. These statistics are very important, and I think
make a great deal of sense in terms of our continuing support in the
Congress of the United States of America.
I think the amendment is a good amendment, and I believe that it is
one that we should all support here as part of this act which is going
to help higher education in our country.
Mr. COOPER. Mr. Chairman, I am proud to support this amendment on
behalf of the HBCUs that I represent in my district, Meharry Medical
College, Fisk University, and Tennessee State University, and also on
behalf of the 103 other great HBCUs across this country.
And I now yield such time as he may consume to the gentleman from
Tennessee (Mr. Cohen) who represents LeMoyne-Owen College in his
district.
Mr. COHEN. Thank you, Congressman Cooper.
Earlier this year, on the budget, Congressman Cooper and I
cosponsored an amendment to include this in the budget. Unfortunately,
it didn't make it through the Senate, and I am proud to be here to
support this amendment with Congressman Cooper.
In my district, LeMoyne-Owen College has struggled financially. It is
an institution of long and historic import to our community. It
survived this year. It has difficulties with its financial base, but it
has done much for our city in educating young people and continues to
do so.
This provision would give LeMoyne and Fisk, which has had some
financial difficulties, and other schools like Bennett and Wiley,
additional help so they can continue to serve a mission that is unique
in this country.
Anybody who saw the movie ``The Great Debaters'' should be able to
understand what Historically Black Colleges and Universities mean to
many people in this country. There are alumni of Fisk University,
LeMoyne-Owen, Wiley, and other Historically Black Colleges and
Universities which see their institutions being threatened with
elimination. That is a serious thing. We consider our colleges part of
ourselves and almost part of our family, that is part of your home,
your mother, in essence. To have it disappear is wrong.
LeMoyne-Owen is a good institution, as is Fisk, as is Wiley, and this
amendment would help them stay capable of surviving and servicing
people who want an education in this atmosphere, and I wholeheartedly
support this amendment and thank Congressman Cooper for bringing it.
Mr. KELLER of Florida. Mr. Chairman, I yield back the balance of my
time.
Mr. COOPER. I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Tennessee (Mr. Cooper).
The amendment was agreed to.
Amendment No. 23 Offered by Mr. Ryan of Ohio
The Acting CHAIRMAN. It is now in order to consider amendment No. 23
printed in House Report 110-523.
Mr. RYAN of Ohio. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 23 offered by Mr. Ryan of Ohio:
At the end of title VIII of the bill, add the following new
section:
SEC. 814. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL
RENTAL.
(a) Pilot Grant Program.--From the amounts appropriated
pursuant to subsection (e), the Secretary shall make grants
on a competitive basis to not more than 10 institutions of
higher education to support pilot programs that expand the
services of bookstores to provide the option for students to
rent course materials in order to achieve savings for
students.
(b) Application.--An institution of higher education that
desires to obtain a grant under this section shall submit an
application to the Secretary at such time, in such form, and
containing or accompanied by such information, agreements,
and assurances as the Secretary may reasonably require.
(c) Use of Funds.--The funds made available by a grant
under this section may be used for--
(1) purchase of course materials that the entity will make
available by rent to students;
(2) any equipment or software necessary for the conduct of
a rental program;
(3) hiring staff needed for the conduct of a rental
program, with priority given to hiring enrolled undergraduate
students; and
(4) building or acquiring extra storage space dedicated to
course materials for rent.
(d) Evaluation and Report.--
(1) Evaluations by recipients.--After a period of time to
be determined by the Secretary, each institution of higher
education that receives a grant under this section shall
submit a report to the Secretary on the effectiveness of
their rental programs in reducing textbook costs for
students.
(2) Report to congress.--Not later than September 30, 2010,
the Secretary shall submit a report to Congress on the
effectiveness of the textbook rental pilot programs under
this section, and identify the best practices developed in
such pilot programs. Such report shall contain an estimate by
the Secretary of the savings achieved by students who
participate in such pilot programs.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $50,000,000 for
fiscal year 2009 and 2010.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Ohio (Mr. Ryan) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Ohio.
Mr. RYAN of Ohio. Mr. Chairman, I rise in support of this amendment
and first want to thank Mr. Miller for what he has been able to do with
this
[[Page 1748]]
piece of legislation, and also thank the gentleman from New York. And
congratulations on the New York Giants' victory in the Super Bowl.
This is an issue that is near and dear to many people's hearts in
this Congress, the cost of college education.
When you think about what a lot of these kids have to go through,
application fees, lab fees, parking passes, meal tickets, rec center
fees. You get a bill from the bursar's office, and you don't even know
what it is for, but it is for $150.
And one of the key factors in the increase in the cost of a college
education is textbooks. You buy a textbook for $100, you use it for the
semester, and you bring it back and they say, We will give you a dollar
for it. So you end up keeping it.
This amendment creates a pilot program across the United States
authorizing $50 million over 2 years to allow pilot programs for book
rentals. There have been programs across the country, several here or
there, that have showed savings for students up to a third of the cost
of the textbooks. This pilot program gives the Secretary of Education
great discretion to start up to 10 pilot programs where they can begin
to share books, rent books, put them back into circulation and save
students some money.
This is an opportunity for us to figure out what pilot programs work,
what is best for a big school, and what is best for a smaller school,
but give us an opportunity to figure out how we can save these students
money.
We talk about being competitive in a global economy, we talk about
investing in education, but if we continue to have these kinds of
barriers for our students, we are not going to get the entries that we
need, and we are not going to get the production of diplomas that we
need in this country to continue the kind of economic growth we need.
I think this is a good amendment that gives a lot of discretion to
the Secretary of Education to make sure that we try to figure this out
and do it the right way.
I would appreciate support for this amendment. I know that the
chairman supports it. I think it is a good thing to add onto this bill.
I think it is good for the country, and it gets us into an innovative
mindset as we try to address the cost of college education.
Mr. Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Mr. Chairman, I yield such time as he may
consume to the gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I rise in support of the Ryan-Altmire
amendment in the broader sense of what we are dealing with here today,
and that is the cost of higher education.
{time} 1615
I think we have an obligation as elected officials in this country to
do everything in our power to allow young individuals, perhaps in some
cases middle-aged individuals, to proceed with a college education. It
is necessary for the future of our country, for the future of our
economy, and we have to look at all different measures of this. And
we're dealing with a lot of broader measures here today. But I've often
heard this issue of textbooks is a significant cost driver, and I think
it is. I see, by some statistics that have been provided to us, the
textbook prices have increased at four times the rate of inflation
since 1994; and students spend an average of $900 a year on textbooks,
an amount equal to 20 percent of tuition at an average university, half
the tuition at a community college. If those numbers are anywhere near
correct, and they're projected numbers, but if they're anywhere near
correct, that is a huge problem which we have to address in this
country. And the colleges have sort of wrestled with it a little bit,
but I think they need some guidance. And I believe that the proposal
which is in this amendment provides some good guidance to actually try
to put together a program so that textbooks can be exchanged and the
costs can be kept down greatly.
Under the bill, the publishers would be asked to provide more
information to the faculty about pricing; and that's good, because I
think the bill did some good things in this area. And colleges and
universities would be required to notify their students about which
books are needed for which classes so the students are better able to
plan and prepare for textbook costs.
But this amendment, which goes further than that, provides us with an
opportunity to take more concrete steps to address the high cost of
college textbooks by creating the limited pilot competitive grant
program to establish a college textbook rental program. If this, as a
pilot program, can work, it could lead to measures much further down
the line which could provide very substantial cost savings to
individuals who are attending college. And for that reason, hopefully
we can all be supportive of it.
Mr. RYAN of Ohio. Mr. Chairman, can I inquire how much time I have.
The Acting CHAIRMAN. The gentleman from Ohio has 2\1/2\ minutes
remaining.
Mr. RYAN of Ohio. Mr. Chairman, I would like to yield 1\1/2\ minutes
to my partner from Pennsylvania (Mr. Altmire) whose fingerprints are
all over this amendment.
Mr. ALTMIRE. Mr. Chairman, over the past 20 years, the average price
of textbooks has nearly tripled. College students now spend $1,000 a
year on textbooks, and for some majors it can be up to $2,000. This
dramatic rise in textbook prices is a significant contributor to the
increase in overall cost of college education. To remedy this, I'm
offering this amendment today with Congressman Ryan. Our amendment
creates a pilot program to award 10 competitive grants to establish
rental textbook programs.
Rental programs could reduce textbook expenses by up to 75 percent. A
recent report by the Advisory Committee on Student Financial Assistance
highlighted textbook rental programs as a way to significantly reduce
textbook expenses. The same report noted that the primary obstacle to
these programs is the start-up costs associated with implementing them.
The Ryan-Altmire amendment will enable institutions to create
textbook rental programs and, as a result, save students money. I
encourage all of my colleagues to support it. And I thank the gentleman
from Niles, Ohio, for allowing me to attach my name to his amendment.
Mr. KELLER of Florida. Mr. Chairman, I yield myself as much time as I
may consume.
I also will be supporting the Ryan-Altmire amendment. I am not so far
removed from college and law school that I don't remember the days when
you would go to buy your textbook at the bookstore. Often you'd be
required to buy a particular textbook written by that professor and get
sticker shock that this particular book is $120.
When you talk to the publisher, sometimes they say, well, it's not
our fault. We sold it to the bookstore at 60 bucks and they marked it
up to 120 bucks. And when you talk to the bookstore people they said,
no, it's their fault because they told us an abnormally low suggested
retail price and made us look bad.
I don't know whose fault it is. All I know is we've got to get some
relief to these college and law school and graduate students who are
forced to buy particular books. This seems to at least try, and
whatever we can do to try to help these kids who are spending $900 to
$2,000 a year we owe it to them to do. So I urge my colleagues to vote
``yes'' on this bill.
Mr. Chairman, I yield back the balance of our time.
Mr. RYAN of Ohio. Mr. Chairman, I'd like to thank the gentleman and
appreciate the bipartisan support of this amendment. Funding education,
trying to reduce the cost of college is not a partisan issue. This is
something that we need to do as Americans if we want to stay
competitive.
[[Page 1749]]
You can't fund your military without a growing economy. You can't
have a growing economy without investments in education.
This particular amendment has taken the advice from the Advisory
Committee on Student Financial Assistance that was started a couple of
years ago, offered this as a suggestion. We're taking that suggestion;
we're working with it.
Colleges in Ohio, my alma mater, Bowling Green, is now, through this
program, offering books for 35 percent of what the book should cost. So
a $100 book, through this program at Bowling Green is 35 bucks. That's
a significant savings for our students.
So I want to thank the bipartisan support, thank Speaker Pelosi, and
thank Chairman Miller for their help with this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Ohio (Mr. Ryan).
The amendment was agreed to.
Amendment No. 24 Offered by Mr. Van Hollen
The Acting CHAIRMAN. It is now in order to consider amendment No. 24
printed in House Report 110-523.
Mr. VAN HOLLEN. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 24 offered by Mr. Van Hollen:
At the end of section of section 271 of the Higher
Education Act of 1965, as added by section 201 of the bill,
add the following new subsection:
``(f) Authorization of Appropriations.--Of the sums
authorized to be appropriated by section 240, the amount
authorized to be appropriated to carry out this section shall
not exceed--
``(1) $20,000,000 for fiscal year 2009;
``(2) $25,000,000 for fiscal year 2010; and
``(3) such sums as may be necessary for each of the 3
succeeding fiscal years''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Maryland (Mr. Van Hollen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Maryland.
Mr. VAN HOLLEN. Mr. Chairman, I rise today to join my colleague, Mr.
Castle of Delaware, in offering this amendment in support of Teach for
America. And I want to recognize the efforts of Mr. Castle for his
years of advocacy for this very important cause and thank Chairman
Miller and Ranking Member McKeon for their stalwart bipartisan support
for Teach for America.
For many years, Teach for America has pioneered an innovative and
very successful approach to teacher recruitment, placing over 17,000
outstanding college graduates in schools around our Nation, reaching
over 2 million students. Many of those graduates remain in education
after teaching as corps members, either as teachers or as principals,
or remain otherwise active within our educational community.
This is a program that has received strong bipartisan support from
this Congress, and the Teach for America Act, which authorizes the
partnership between the Federal Government and this important program,
was introduced on a bipartisan basis by a number of us, including Mr.
Castle, Ms. DeLauro, who has been a champion of this issue, Mr. Regula,
Mr. Sarbanes, and now has over 105 cosponsors. And I want to thank
Chairman Miller and the committee for incorporating the major
provisions of that legislation into the bill that is before us today.
This amendment proposes one change, which is the bill before us
authorizes such sums as may be necessary for this program. And what
this amendment does is seek to clarify our congressional intent with
respect to the specific targets that we want to hit with respect to
funding. It sets an authorized level of $20 million for fiscal year
2009 and $25 million for fiscal year 2010. And those are the levels
that are consistent with the Teach for America's published budget. And
with this funding, Teach for America can expand from 5,000 members in
26 urban and rural areas around the country, to 8,000 members in 33
regions and serve 680,000 economically disadvantaged children.
This is an important, real impact. Teach for America has been
forthright about its plans, and it raises about 80 percent of its funds
from nongovernment sources. This amendment, of course, does not make
this mandatory, but it clearly says that this is the intent of Congress
to reach these levels. These are the levels necessary to get the job
done and make sure we fund our share of this very important
partnership.
Mr. Chairman, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER of Florida. Mr. Chairman, I yield 2\1/2\ minutes to the
coauthor of this amendment, the gentleman from Delaware (Mr. Castle).
Mr. CASTLE. Mr. Chairman, I rise in strong support of the amendment
which I have cosponsored with Mr. Van Hollen. I could not be more
strongly in support of this.
I think we need to understand what Teach for America is. Most people
may know, but essentially it's a reach-out by a young lady whose name
is Wendy Kopp, with a board of directors which is very strong, which
was created with the idea of attracting bright young students to
education.
We have many, many good educators in America. We need the best
teachers we can find in this country. This was an effort to try to
attract individuals who are not necessarily involved in education to
become involved in that profession. So they reached out to our very
best schools. And all of a sudden, if you look at the Ivy League
schools and the other very top schools in America, you are going to
find there are more young candidates to go into the Teach for America
program than there are any other employer at those particular schools
now. A lot of young people want to do this, and it's been highly
successful.
They get involved in the schools. It was never established,
necessarily, to have them be teachers for life. But that has actually
worked in favor of teaching as well because some have stayed in
teaching. Others have gone into education administration. And as a
result, we have been able to bolster our teachers across the United
States of America. It brings new young people into teaching; and with
the experienced good teachers that we have already in our country, it
can make a huge difference.
I think we have a responsibility to inspire young people to teach, if
they are qualified to do so, in every way we possibly can. As a matter
of fact, they turned down so many people in this program, I think maybe
we should be suggesting a second program of some kind to pick up some
of those who were turned down, because they're very qualified people,
as a matter of fact.
You heard some of the numbers which Mr. Van Hollen brought up before
of 5,000 corps members, et cetera. We want to increase that number.
That's what this is really all about.
Hopefully, all of us can be supportive of legislation which is going
to provide good teachers, great teachers, to make a difference in the
lives of our young people and, hopefully, any concern about how they're
getting into teaching versus how others get into teaching is something
which we can resolve.
This is clearly needed in this country. We need to improve our
schools however we can. I think this amendment will do it, and I
encourage everyone to support it.
I rise in support of this amendment offered by Congressman Van
Hollen. I support H.R. 4137, and believe that with passage today we
will be making some good reforms for our institutions of higher
learning, parents, and students. This amendment is intended to build
upon these reforms, and extend them into our nations elementary and
secondary schools.
Specifically, our amendment would authorize funding to support the
Teach for America Program to recruit, select, train and support a
national corps of outstanding recent college
[[Page 1750]]
graduates, of all academic majors, who commit to teach in low-income
communities and who hopefully become lifelong leaders for education.
Earlier this year, Representative Van Hollen and I introduced
legislation which authorizes Teach for America. Currently, funding for
the program has been consistent, but piecemeal. The purpose of the
bill, and amendment, should the organization be awarded a grant, would
be to provide an efficient funding stream. Ultimately this will help
the organization grow from its current membership of over 5,000 corps
members in over 1,000 schools in 26 regions. The Teach for America
legislation has the support of 105 cosponsors, spanning the political
spectrum. The Senate has also expressed support for the program, and
has included language in their reauthorization of the Higher Education
Act. It is my hope that today the House will show their support by
including this amendment in H.R. 4137.
What we know to be true is that a highly qualified teacher is
imperative to the achievement of our students. This amendment will help
us to make that more possible across the country. As we, as a nation,
continue to focus on closing the achievement gap, I see no better
compliment than a national teacher corps.
I encourage all of my colleagues to join representative Van Hollen
and me in supporting this amendment.
Mr. VAN HOLLEN. Mr. Chairman, I'd like to inquire how much time is
remaining.
The Acting CHAIRMAN. Both sides have 2\1/2\ minutes remaining.
The Acting CHAIRMAN. I yield 30 seconds to the chairman of the
committee, Mr. Miller.
Mr. GEORGE MILLER of California. I just want to thank my colleagues
for support of this amendment. I want to thank Mr. Van Hollen. He's
been so persistent on this amendment.
Teach for America brings a lot of exciting new people to teaching, to
join career teachers to rebuild our schools. And I know there's been
some criticism of this program. I would just say, ask a principal who
has Teach for America students in their schools. They're delighted.
They would like more.
I also want to recognize, I see Mr. Regula sitting here, who's been a
champion of this program year after year after year in the
appropriations process.
Mr. Van Hollen, thank you for this amendment.
Mr. VAN HOLLEN. Thank you very much, Mr. Chairman.
I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, at this time I'd like to yield
2\1/2\ minutes to the gentleman from Ohio (Mr. Regula).
Mr. REGULA. I thank the gentleman for yielding, and I congratulate
the sponsors.
In the Labor, Health and Human Resources and Education bill, we
started funding this program. It was a huge success. We had testimony
in our subcommittee from students who had been involved in this, and
they were so impressed that they could participate. And I'm sure, out
of this program, we've developed not only teachers, but administrators.
A classic example is Michelle Rhee, who is the new superintendent of
the City of Washington school system. She was a person who was part of
the Teach for America. And not only do you get teachers who are, of
course, extremely important to education, but you get people who will
probably be on school boards, community leaders who will be in
positions to further the cause of education. And I don't think there's
anything we can do as a Nation more important than beefing up and
supporting our education system. It's the future of this country to
have educated people, and to do that you need good teachers. And we
need to get people from all walks of life involved in teaching.
I think it's a great program. We certainly were impressed with the
testimony we heard in the Labor, Health and Human Services Education
Subcommittee of the Appropriations Committee about the value of this to
the society and to the individuals involved.
{time} 1630
I congratulate the authors for this support, and I think by making
this a part of the education program on a fixed basis we are saying, in
effect, this is more than temporary; this is of permanent value to the
future of this Nation and to the future of education.
Mr. KELLER of Florida. Mr. Chairman, I urge my colleagues to vote
``yes'' on this amendment and yield back the balance of my time.
Mr. VAN HOLLEN. Mr. Chairman, I also want to recognize Mr. Regula for
his early and steady support.
I yield 1 minute to Congresswoman Rosa DeLauro of Connecticut.
Ms. DeLAURO. Mr. Chairman, I rise in support of this amendment. Last
year I participated in Teach for America's guest teacher program,
leading a class of first graders at Clemente Leadership Academy in New
Haven. I saw some of our brightest teachers, active and engaged
teachers, raising expectations, building the foundations to create
opportunity. That is what Teach for America is all about.
The studies show that these teachers make more progress in reading
and math. That's expected. They obtain significantly greater gains in
math. They work in the highest need classrooms in the country. Their
alumni work in full-time positions in education. They support the
program's mission, and what they do is they have closed that
achievement gap.
Support this amendment and confront the inequity; pursue educational
excellence.
I urge a ``yes'' vote.
Mr. VAN HOLLEN. May I inquire how much time is remaining.
The Acting CHAIRMAN. The gentleman from Maryland has 1 minute
remaining.
Mr. VAN HOLLEN. Mr. Chairman, I want to once again thank the chairman
of the committee, Mr. Miller, and the ranking member, Mr. McKeon, for
their efforts on this.
I yield the remainder of my time to Mr. Chaka Fattah of Pennsylvania
who has been such a great leader on education issues across the board.
Mr. FATTAH. Mr. Chairman, I want to thank Chairman Miller and the
ranking member, Buck McKeon, for a great bill. This amendment by my
colleagues to expand and authorize a greater investment in Teach for
America, there is no more important an effort, as far as I'm concerned,
in terms of recruiting quality teachers. We have hundreds of Teach for
America volunteers in the Philadelphia School District now and across
the country, and I've watched this program grow from its very
inception. It is a great program.
This amendment will make this bill even better. I congratulate the
chairman and the ranking member and the work product of the committee.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Maryland (Mr. Van Hollen).
The amendment was agreed to.
Amendment No. 25 Offered by Mrs. Gillibrand
The Acting CHAIRMAN. It is now in order to consider amendment No. 25
printed in House Report 110-523.
Mrs. GILLIBRAND. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 25 offered by Mrs. Gillibrand:
Page 406, line 17, strike ``and'' and after such line
insert the following new paragraph (and redesignate the
succeeding paragraph accordingly):
(2) in subparagraph (C), by striking clauses (i) and (ii)
and inserting the following:
``(i) the law enforcement authority of campus security
personnel;
``(ii) the working relationship of campus security
personnel with State and local law enforcement agencies,
including whether or not the institution has a written
agreement, such as a memorandum of understanding, with such
agencies;
``(iii) the institution's plan, which shall address
coordination with State and local law enforcement agencies,
for the investigation of--
``(I) any felony described in subparagraph (F) of this
paragraph occurring in the areas described in subparagraphs
(A) through (D) of paragraph (12) of this subsection; and
``(II) a report of a missing student; and
``(iv) policies which encourage accurate and prompt
reporting of all crimes to the campus police and the
appropriate police agencies;''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the
gentlewoman
[[Page 1751]]
from New York (Mrs. Gillibrand) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. GILLIBRAND. Mr. Chairman, I rise in support of my amendment, and
I yield myself as much time as I may consume.
First, I would like to thank Chairman Miller and Chairman Hinojosa
and Congressman Bishop for their leadership on this bill. This
reauthorization of the Higher Education Act will strengthen the
American Dream by allowing millions of young people to better afford
college.
I also would like to thank my colleague Congressman Mike McNulty and
Congresswoman Carolyn McCarthy for their thoughtful work on the issue
of campus safety.
Thank you, also, to Security on Campus, Inc., the leading advocacy
organization for campus security.
Our country's number one priority is to protect our children from
harm so that they can grow up and fulfill their God-given potential. A
parent's worst fear is to send their child off to college and to have
them become a victim of violent crime. Tragically, this happens far too
often. The 10-year span from 1997 to 2006 registered, on average, 20
homicides every year occurring on college campuses.
Furthermore, numerous college students, the majority of them young
women, have been abducted, leaving their family, friends, and community
searching for years in hopes of solving their case.
Mr. Chairman, this issue has significantly affected the community
that I represent.
On March 2, 1998, Suzanne Lyall, a 19-year-old sophomore at SUNY-
Albany, was kidnapped and never seen again. Nearly 10 years later, her
case remains unsolved.
My amendment is intended to prevent more parents from experiencing
the pain that Suzanne's parents, Doug and Mary, must face every day.
The amendment that I am offering would ensure that all institutions of
higher education have a standing policy outlining the roles and
responsibilities for campus, local, and State law enforcement agencies
if a violent crime happens to occur on campus.
This amendment will minimize confusion and delays during the initial
investigation of a violent felony, such as a kidnapping. The first few
hours and days after a crime is committed are the most critical for
solving a case, and the questions involving police jurisdiction should
be settled before a crime occurs, not after. My amendment will help
facilitate the prompt and sufficient investigation of serious crimes.
In addition, the amendment's provisions have already been signed into
law in California, South Carolina, Tennessee, and my home State of New
York.
Over 60 percent of postsecondary schools have fewer than 2,500
students. And thankfully, such horrific crimes are rare at small
schools. However, many of the small schools do not have a full police
force, and the school security force may not be sufficiently trained to
handle such a complex investigation.
This amendment will give peace of mind to students and to parents by
giving them the knowledge that the best investigative procedures will
be followed to solve such terrible crimes.
Mr. Chairman, at this time, I reserve the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, I ask unanimous consent to claim
the time in opposition, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman is recognized
for 5 minutes.
There was no objection.
Mr. KELLER. Mr. Chairman, I reserve the balance of my time.
Mrs. GILLIBRAND. Mr. Chairman, I yield myself such time as I may
consume.
I would also like to add that bringing attention to the issue of
campus safety has been a priority of mine since I entered Congress.
Last year, I introduced, and the House passed, House Resolution 303,
which called on the President to declare April 6, which is Suzanne
Lyall's birthday, National Missing Persons Day. This day will allow all
Americans to honor those who remain missing and to remember their
families and loved ones who hope and pray every day for their safe
return.
April 6 is approaching, and I join with Suzanne's parents in strongly
advocating for the creation of this national day of remembrance.
The amendment that I offer today will hopefully prevent future school
tragedies from happening. I urge all my colleagues to join me in
honoring Suzanne by voting ``yes.''
Mr. GEORGE MILLER of California. Mr. Chairman, will the gentlewoman
yield?
Mrs. GILLIBRAND. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. Mr. Chairman, I want to thank the
gentlelady from New York (Mrs. Gillibrand) very much for offering this
amendment. The question of student safety is something that the
committee is hearing more and more about from not only schools but
obviously from parents. Parents are asking these questions now as they
seek to apply to different institutions, and I think this amendment
will be very helpful to us.
I urge the support of the amendment.
Mrs. GILLIBRAND. Mr. Chairman, I yield back the balance of my time.
Mr. KELLER of Florida. Mr. Chairman, we have no objections to the
amendment.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from New York.
The amendment was agreed to.
Amendment No. 26 Offered by Mr. Patrick J. Murphy of Pennsylvania
The Acting CHAIRMAN. It is now in order to consider amendment No. 26
printed in House Report 110-523.
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I offer an
amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 26 offered by Mr. Patrick J. Murphy of
Pennsylvania:
In section 490, after subsection (d), insert the following
new subsection (and redesignate the succeeding subsection
accordingly):
(e) Commitment to and Notice of Tuition Levels.--
(1) Amendment.--Section 487(a) is further amended by adding
at the end the following new paragraph:
``(29)(A) The institution will provide to each admitted
student considering an undergraduate or graduate program--
``(i) a multi-year tuition and fee schedule; or
``(ii) a single-year tuition and fee schedule, and
nonbinding, multi-year estimate of net costs after all
financial aid is awarded, assuming constant family and
student income, assets, and relevant circumstances.
``(B) Multi-year schedules and estimates required by
subparagraph (A)--
``(i) may include a percentage or dollar increase or
decrease of any size the institution deems appropriate from
one year to the next; and
``(ii) shall indicate, on a year-by-year basis, costs for
the normal duration of the relevant student's undergraduate
or graduate program.
``(C) Institutions that elect a single-year tuition and fee
schedule under subparagraph (A)(ii) shall include with each
multi-year estimate the average deviation, in percentage
terms, between previous year estimates and actual net costs
for students at their institution.
``(D) The Secretary shall waive the requirements of
subparagraph (A), and of the commitment made therender, if
the institution demonstrates to the Secretary that the
requirements of subparagraph (A) are not practicable because
of the occurrence of one or more events causing the
institution severe economic distress, dramatic reduction of
State or Federal aid, or any other circumstance the Secretary
deems valid.''.
(2) Effective date.--The amendment made by this subsection
shall be effective on July 1, 2009.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from Pennsylvania (Mr. Patrick J. Murphy) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentleman from Pennsylvania.
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I yield myself
as much time as I may consume.
Mr. Chairman, today, with this bill, we will vote to make a real
difference and put a college education within
[[Page 1752]]
reach of more students than ever before. My colleagues, Chairman
Miller, Chairman Hinojosa, Mr. McKeon, and Mr. Keller, put forth
legislation that we could all be proud to support. This is just the
latest measure in the 110th Congress that has put forth more help for
students to reach the American dream.
Mr. Chairman, it's time to be straight with American families about
how much a college education is truly going to cost. We have seen the
numbers and met the families who sit at their kitchen table and
struggle to find a way to send their kids to school.
One thing, though, we don't hear much about, what is just as
devastating to families, is the dramatic fluctuation in tuition from
year to year. College costs have risen 40 percent over the last 5
years, but in several cases around the country a sharp jump in prices
comes between the end of classes and the following fall. How are
families supposed to plan when between finals and the first day of
school tuition goes up more than $6,000?
Mr. Chairman, this amendment is about planning and predictability.
With this measure, students and families will know how much their
education is going to cost from the start, and that means fewer
surprise tuition hikes and plenty of time to plan financially.
We not only give parents and students the time that they need, but we
also give colleges and universities options and incentives for helping
kids plan for and to afford college.
Our amendment gives colleges and universities two options on how to
better inform students and families. Schools can either provide a fee
schedule up front for all 4 years or a single-year fee schedule with
detailed information about future costs, including financial aid.
Through either of these options we can make planning for college a
little easier.
Mr. Chairman, I don't believe it's too much for families to ask the
university for a best guess as to what their child's education will
cost. After all, families can figure out how much they're going to pay
for a house, how much braces will cost for their kids' teeth, or what
it costs to buy a car or plan for their retirement. They should be able
to plan more appropriately for college.
I thank my colleague from North Carolina, Congresswoman Myrick, for
standing with me on this amendment and being a leader on college
affordability, and for my colleague from California, Congressman
Cardoza, for his support.
I'd also like to thank Chairman Miller for his leadership and his
tireless efforts to help families and students realize the American
Dream.
Mr. Chairman, I urge my colleagues to stand with us to put a stop to
the uncertainty families face and give them this truth in tuition.
Mr. Chairman, I reserve the balance of my time.
The Acting CHAIRMAN. Does any Member claim time in opposition?
Mr. BISHOP of New York. Mr. Chairman, I rise to claim time in
opposition, though I will not express opposition, I will just express a
plea for clarity on this measure as we go to conference.
My concern is this, and by the way, I would like to applaud my
colleagues for offering this amendment, and I certainly would like to
laud their intent, but my concern is that we will be requiring colleges
to provide information that, by its very nature, is speculative, and we
will then be allowing students to make judgments on that information
when it may not be reliable. And having gone through this for a long,
long time in a previous life, it is not a good idea to give students
misinformation.
So my plea is that as we go to conference on this, I hope that we can
work with the authors of the amendment to maintain its intent but
clarify the language in such a way that students are not put into the
position where they are put in a position where they make judgments
based on information that, as I say, is speculative and, therefore, not
as reliable as it could be.
As I say, though, I am not in opposition. I just hope that we can
clarify this in conference.
Mr. Chairman, I yield back the balance of my time.
Mr. PATRICK J. MURPHY of Pennsylvania. Mr. Chairman, I yield 2
minutes to my friend and colleague from North Carolina (Mrs. Myrick).
Mrs. MYRICK. I thank my friend for yielding.
Every time a constituent of mine talks about college there is mention
about how much it costs, and they tell me about their struggles and the
choices they have to make in order to put their kids through college.
{time} 1645
Millions of families sit at the kitchen table and try and figure this
out every year, how are they going to make ends meet and pay for it.
And there have been a lot of high and unpredictable costs over the
years, and it's really tough for them, especially if it's tough
economic times. It's tough for them to figure it out because they don't
know if it will be 3 percent, 30 percent, what it might end up being.
So I feel, and my colleague agrees, that parents need to have some
certainty and know the cost of the degree.
And when colleges can set multi-year contracts for their vendors and
for their basketball coach and even their presidents and other people,
it seems like they can at least give some idea of what the education is
going to cost for the parents.
The Truth in Tuition amendment helps the families plan by making sure
that the schools give every student a clear picture of what their
degrees will cost. It's a reasonable amendment, and it gives schools
great flexibility. There aren't any price caps, and it doesn't freeze
the price of tuition. They can set their tuition rates however they see
fit. But it shows the students and their families what the charges are
going to be over the course of their studies.
It's not binding on the schools. It provides the students, though, as
I say, with an idea. And there is a provision in there that if the
school has some kind of an economic hardship, they can get a waiver
from the Secretary of Education. This could include a cut in Federal or
State funding, or any number of other economic issues that might
disrupt the school's budget.
All the public universities in Illinois, central Michigan, the
University of Minnesota, George Washington University, and many more
have already implemented this policy.
And so I thank my colleague from Pennsylvania (Mr. Murphy) for all
his hard work on this bill. I thank both Chairman Miller and Ranking
Member McKeon and their staff for all the hard work they put into the
underlying bill.
I just urge my colleagues to vote for this amendment because it will
help students and families who need relief from the uncertainties of
college tuition.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Patrick J. Murphy).
The amendment was agreed to.
Amendment No. 27 offered by Mr. Shuler
The Acting CHAIRMAN. It is now in order to consider amendment No. 27
printed in House Report 110-523.
Mr. SHULER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 27 offered by Mr. Shuler:
After section 111 of the bill, insert the following new
section (and redesignate the succeeding sections
accordingly):
SEC. 112. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT
PROGRAM.
Part C of title I (20 U.S.C. 1015) is further amended by
adding after section 135 (as added by section 111 of this
Act) the following new section:
``SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT
PROGRAM.
``(a) Purpose.--It is the purpose of this section to carry
out a pilot program to assist not more than 5 States to
develop State-level postsecondary student data systems to--
``(1) improve the capacity of States and institutions of
higher education to generate more comprehensive and
comparable data, in order to develop better-informed
educational policy at the State level and to evaluate the
effectiveness of institutional performance while protecting
the confidentiality of students' personally identifiable
information; and
[[Page 1753]]
``(2) identify how to best minimize the data-reporting
burden placed on institutions of higher education,
particularly smaller institutions, and to maximize and
improve the information institutions receive from the data
systems, in order to assist institutions in improving
educational practice and postsecondary outcomes.
``(b) Definition of Eligible Entity.--In this section, the
term `eligible entity' means--
``(1) a State higher education system; or
``(2) a consortium of State higher education systems, or a
consortium of individual institutions of higher education,
that is broadly representative of institutions in different
sectors and geographic locations.
``(c) Competitive Grants.--
``(1) Grants authorized.--The Secretary shall award grants,
on a competitive basis, to not more than 5 eligible entities
to enable the eligible entities to--
``(A) design, test, and implement postsecondary student
data systems that provide the maximum benefits to States,
institutions of higher education, and State policymakers; and
``(B) examine the costs and burdens involved in
implementing a State-level postsecondary student data system.
``(2) Duration.--A grant awarded under this section shall
be for a period of not more than 3 years.
``(d) Application Requirements.--An eligible entity
desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary determines
is necessary, including a description of--
``(1) how the eligible entity will ensure that student
privacy is protected and that individually identifiable
information about students, the students' achievements, and
the students' families remains confidential in accordance
with the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. 1232g); and
``(2) how the activities funded by the grant will be
supported after the 3-year grant period.
``(e) Use of Funds.--A grant awarded under this section
shall be used to--
``(1) design, develop, and implement the components of a
comprehensive postsecondary student data system with the
capacity to transmit student information within States;
``(2) improve the capacity of institutions of higher
education to analyze and use student data;
``(3) select and define common data elements, data quality,
and other elements that will enable the data system to--
``(A) serve the needs of institutions of higher education
for institutional research and improvement;
``(B) provide students and the students' families with
useful information for decision-making about postsecondary
education;
``(C) provide State policymakers with improved information
to monitor and guide efforts to improve student outcomes and
success in higher education;
``(4) estimate costs and burdens at the institutional level
for reporting to the postsecondary student data system; and
``(5) test the feasibility of protocols and standards for
maintaining data privacy and data access.
``(f) Evaluation; Reports.--Not later than 6 months after
the end of the projects funded by grants awarded under this
section, the Secretary shall--
``(1) conduct a comprehensive evaluation of the pilot
program authorized by this section; and
``(2) report the Secretary's findings, as well as
recommendations regarding the implementation of State-level
postsecondary student data systems to the authorizing
committees.
``(g) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary for fiscal year 2009 and each of the
4 succeeding fiscal years.''.
The Acting CHAIRMAN. Pursuant to House Resolution 956, the gentleman
from North Carolina (Mr. Shuler) and a Member opposed each will control
5 minutes.
The Chair recognizes the gentleman from North Carolina.
Mr. SHULER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we often study how students progress from the beginning
of the school year to the end, but what happens after that? How well
are high school students prepared for college? How well are college
students prepared for the workforce? How long are graduates staying in
high-needs fields like nursing? My amendment will help provide long-
term data for our State systems' need to answer these questions.
The Shuler amendment will create a grant program to help universities
develop studies to measure students' achievement from preschool to
college and beyond. This data will also allow State lawmakers to direct
resources to programs that are producing top-quality graduates in
critical areas. Participation is completely voluntary and complies with
all aspects of the Family Educational Rights and Privacy Act.
My amendment has also been supported by the American Association of
State Colleges and Universities, the Alliance for Quality Teaching, the
National Association of Secondary School Principals, and 10 other major
organizations.
I thank Chairman Miller and Ranking Member McKeon for their time and
their dedication, and I urge my colleagues to support this amendment.
Mr. GEORGE MILLER of California. Will the gentleman yield?
Mr. SHULER. I will yield.
Mr. GEORGE MILLER of California. I want to thank the gentleman from
North Carolina for offering this amendment.
This information would be helpful to us. It would also give us the
ability to determine whether we're putting our resources and our time
and our talents in the right place with respect to properly preparing
people for the workforce.
I would urge my colleagues to support the amendment.
The Acting CHAIRMAN. The gentleman from North Carolina is recognized.
There are approximately 3 minutes remaining on his time.
Mr. McKEON. Will the gentleman yield?
Mr. SHULER. I will yield.
Mr. McKEON. The thing that I like most about this amendment is it is
done at the State level. There are some people that would like to have
this done at the Federal level. I think the State level is the
appropriate place.
And I also like the fact that it's a pilot. It's limited. It gives us
a chance to see how it works before making it a national program.
So I commend the gentleman for his amendment and urge support of the
amendment.
Mr. SHULER. I thank Ranking Member McKeon for his dedication and hard
work as well.
I urge my colleagues to support this amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from North Carolina (Mr. Shuler).
The amendment was agreed to.
Announcement by the Acting Chairman
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments printed in House Report 110-523 on
which further proceedings were postponed, in the following order:
Amendment No. 4 by Mr. Petri of Wisconsin.
Amendment No. 5 by Mr. Petri of Wisconsin.
Amendment No. 7 by Mr. Davis of Illinois.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 2-minute votes.
Amendment No. 4 offered by Mr. Petri
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Petri) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 260,
noes 153, not voting 21, as follows:
[Roll No. 36]
AYES--260
Abercrombie
Ackerman
Allen
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bartlett (MD)
Bean
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boren
Boswell
Boyd (FL)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Cannon
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castle
Castor
Chandler
[[Page 1754]]
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Duncan
Edwards
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Faleomavaega
Fattah
Ferguson
Filner
Fossella
Frank (MA)
Frelinghuysen
Giffords
Gilchrest
Gillibrand
Gonzalez
Gordon
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kingston
Kirk
Klein (FL)
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lynch
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Mica
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Renzi
Reyes
Richardson
Rodriguez
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (NJ)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Welch (VT)
Wexler
Wilson (OH)
Wolf
Wu
Young (AK)
NOES--153
Aderholt
Akin
Alexander
Altmire
Bachmann
Bachus
Barrett (SC)
Barton (TX)
Berry
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Bonner
Bono Mack
Boozman
Boustany
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cantor
Carter
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Deal (GA)
Doolittle
Drake
Dreier
Ehlers
Fallin
Feeney
Flake
Forbes
Fortuno
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gingrey
Gohmert
Goode
Goodlatte
Granger
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hobson
Hoekstra
Inglis (SC)
Issa
Johnson, Sam
Jordan
Keller
King (IA)
Kline (MN)
Knollenberg
Kucinich
Lamborn
Latham
LaTourette
Latta
Lungren, Daniel E.
Mack
Mahoney (FL)
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
McMorris Rodgers
Melancon
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Poe
Price (GA)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Reichert
Reynolds
Rogers (AL)
Roskam
Ross
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Yarmuth
Young (FL)
NOT VOTING--21
Boehner
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Paul
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Towns
Weiner
Woolsey
Wynn
{time} 1718
Messrs. LaTOURETTE, CAMP of Michigan, McCRERY, ALTMIRE, KUCINICH and
ADERHOLT changed their vote from ``aye'' to ``no.''
Messrs. SHAYS, CARDOZA, ROHRABACHER, CARNEY, SKELTON, BUTTERFIELD,
COHEN, Ms. WASSERMAN SCHULTZ and Messrs. WATT and FRELINGHUYSEN changed
their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 5 Offered by Mr. Petri
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Wisconsin
(Mr. Petri) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 222,
noes 191, not voting 21, as follows:
[Roll No. 37]
AYES--222
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Becerra
Berkley
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boren
Brady (PA)
Brown, Corrine
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Castor
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Faleomavaega
Fattah
Filner
Frank (MA)
Frelinghuysen
Gillibrand
Gonzalez
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inglis (SC)
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Kirk
Klein (FL)
Kuhl (NY)
LaHood
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lynch
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McHugh
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Petri
Pickering
Pomeroy
Rahall
Ramstad
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (NJ)
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walsh (NY)
Walz (MN)
Wasserman Schultz
Waters
Watson
Waxman
Welch (VT)
Wexler
Wilson (OH)
Wolf
Wu
Young (AK)
NOES--191
Aderholt
Akin
Alexander
Altmire
Arcuri
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bean
Berry
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Carter
Castle
Chabot
[[Page 1755]]
Coble
Cohen
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dent
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Etheridge
Fallin
Feeney
Ferguson
Flake
Forbes
Fortuno
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hobson
Hoekstra
Hulshof
Hunter
Issa
Johnson, Sam
Jones (NC)
Jordan
Kanjorski
Keller
King (IA)
King (NY)
Kingston
Kline (MN)
Knollenberg
Kucinich
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Loebsack
Lucas
Lungren, Daniel E.
Mack
Mahoney (FL)
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Peterson (PA)
Platts
Poe
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Ross
Royce
Ryan (WI)
Sali
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuler
Shuster
Simpson
Smith (NE)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Wamp
Watt
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Yarmuth
Young (FL)
NOT VOTING--21
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Manzullo
Paul
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Towns
Weiner
Woolsey
Wynn
Announcement By the Acting Chairman
The Acting CHAIRMAN. Members are advised there is 1 minute remaining
in this vote.
{time} 1726
Messrs. ALTMIRE, BILIRAKIS, ARCURI, BOSWELL and LOEBSACK changed
their vote from ``aye'' to ``no.''
Mr. MURPHY of Connecticut changed his vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 7 Offered by Mr. Davis of Illinois
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from Illinois
(Mr. Davis) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 2-minute vote.
The vote was taken by electronic device, and there were--ayes 179,
noes 236, not voting 19, as follows:
[Roll No. 38]
AYES--179
Abercrombie
Ackerman
Allen
Andrews
Baldwin
Barrow
Becerra
Berman
Bishop (GA)
Bishop (NY)
Blumenauer
Bordallo
Boswell
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Carnahan
Castor
Christensen
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costello
Courtney
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doyle
Ellison
Emanuel
Engel
Eshoo
Etheridge
Faleomavaega
Fattah
Filner
Frank (MA)
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Higgins
Hinchey
Hinojosa
Hirono
Holt
Honda
Hooley
Hoyer
Hulshof
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kagen
Kaptur
Kennedy
Kildee
Kilpatrick
Kucinich
LaHood
Langevin
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murphy, Patrick
Murphy, Tim
Nadler
Napolitano
Neal (MA)
Norton
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Petri
Price (NC)
Rahall
Rangel
Reyes
Rodriguez
Ros-Lehtinen
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Slaughter
Snyder
Solis
Spratt
Stark
Stupak
Sutton
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Welch (VT)
Wexler
Wu
Yarmuth
Young (AK)
NOES--236
Aderholt
Akin
Alexander
Altmire
Arcuri
Baca
Bachmann
Bachus
Baird
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bean
Berkley
Berry
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boustany
Boyd (FL)
Boyda (KS)
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Cardoza
Carney
Carter
Castle
Chabot
Chandler
Coble
Cole (OK)
Conaway
Costa
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Davis (KY)
Davis, David
Davis, Lincoln
Deal (GA)
Dent
Donnelly
Doolittle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellsworth
Emerson
English (PA)
Fallin
Feeney
Ferguson
Flake
Forbes
Fortuno
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Hobson
Hodes
Hoekstra
Holden
Hunter
Inglis (SC)
Issa
Johnson, Sam
Jones (NC)
Jordan
Kanjorski
Keller
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Larsen (WA)
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Marshall
Matheson
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mitchell
Moore (KS)
Moran (KS)
Murphy (CT)
Murtha
Musgrave
Myrick
Neugebauer
Nunes
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Pickering
Platts
Poe
Pomeroy
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Richardson
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Ross
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuler
Shuster
Simpson
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Space
Stearns
Sullivan
Tancredo
Tauscher
Taylor
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Young (FL)
NOT VOTING--19
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Paul
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Weiner
Woolsey
Wynn
{time} 1734
Messrs. SKELTON and SHUSTER changed their vote from ``aye'' to
``no.''
Messrs. MOLLOHAN, BRADY of Pennsylvania, and FATTAH changed their
vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN. The question is on the committee amendment in
the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The Acting CHAIRMAN. Under the rule, the Committee rises.
[[Page 1756]]
Accordingly, the Committee rose; and the Speaker pro tempore (Mrs.
Tauscher) having assumed the chair, Mr. Pomeroy, Acting Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 4137) to
amend and extend the Higher Education Act of 1965, and for other
purposes, pursuant to House Resolution 956, he reported the bill back
to the House with an amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the amendment
reported from the Committee of the Whole? If not, the question is on
the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
(By unanimous consent, Mr. Hoyer was allowed to speak out of order.)
Legislative Program
Mr. HOYER. Madam Speaker, I know Members have probably gotten it on
their BlackBerries, but I wanted to confirm that the stimulus package
is going to be passed in the Senate and will be coming back to us. Mr.
Boehner and I and the whip and the leadership have agreed that we will
take up the stimulus tonight. We will take it up by unanimous consent.
There will be 20 minutes of debate on each side.
We will conclude the stimulus package, send it to the President, and
we will not be meeting tomorrow.
Motion to Recommit Offered by Mr. Ferguson
Mr. FERGUSON. Madam Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. FERGUSON. I am in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Ferguson moves to recommit the bill H.R. 4137 to the
Committee on Education and Labor with instructions to report
the same back to the House forthwith with the following
amendment:
At the end of the bill, add the following new title:
TITLE XII--LIMITATIONS ON EXPENDITURES
SEC. 1201. FUNDING PRIORITIES.
(a) Pell and IDEA First.--None of the funds appropriated or
otherwise made available pursuant to an authorization of
appropriations or other provision of this Act (including an
amendment made by this Act) shall be expended to carry out
any new program under this Act for any fiscal year, or any
FIPSE program for that fiscal year, unless--
(1) the Federal Pell Grant program is fully funded for that
fiscal year; and
(2) the Individuals with Disabilities Education Act is
fully funded for that fiscal year.
(b) Definitions.--For purposes of this section:
(1) New program.--The term ``new program under this Act''
means a title, part, subpart, section, or other provision of
the Higher Education Act of 1965--
(A) for which funds are authorized to be appropriated or
otherwise made available by an amendment made by this Act to
the Higher Education Act of 1965; and
(B) for which funds were not authorized to be appropriated
or otherwise made available prior to the date of enactment of
this Act .
(2) FIPSE program.--The term ``FIPSE program'' means any
program authorized by section 741 of the Higher Education Act
of 1965, as amended by title VII of this Act.
(3) Pell grant full funding.--The Federal Pell Grant
program shall be considered to be fully funded for a fiscal
year only if the total amount appropriated or otherwise made
available for such fiscal year is sufficient to provide a
maximum Federal Pell Grant that equals or exceeds $9,000.
(4) IDEA full funding.--The Individuals with Disabilities
Education Act shall be considered to be fully funded for a
fiscal year only if, with respect to such fiscal year, the
total amount appropriated pursuant to the authorization of
appropriations under section 611(i) of such Act (20 U.S.C.
1411(i)) or otherwise made available is sufficient to provide
the maximum grant to each State as determined under section
611(a)(2)(B) of such Act (20 U.S.C. 1411(a)(2)(B)) for such
fiscal year.
Mr. FERGUSON (during the reading). Madam Speaker, I ask unanimous
consent that the reading be dispensed with.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The SPEAKER pro tempore. The gentleman from New Jersey is recognized
for 5 minutes.
Mr. FERGUSON. Madam Speaker, I rise today to offer a motion to
recommit H.R. 4137, the College Opportunity and Affordability Act, back
to the committee. I offer this motion to recommit because this
legislation falls short of funding two very critical programs for the
education of people in our country. We must ensure that we are fully
funding two very important programs, Pell Grants and the Individuals
with Disabilities Education Act, IDEA, before moving forward with other
programs.
Both the Pell Grant program and IDEA have been underfunded for years.
This body has promised to fully fund these programs for all Americans,
individuals and States, and, sadly, today this body is going to break
that promise once again.
These are commitments that Republicans and Democrats together have
made over the years, and together we have fallen short. Today we have
an opportunity to change that.
While I am sure the additional programs in today's legislation are
worthy programs, we must first guarantee that we are meeting the
requirements of current programs before adding more responsibilities to
the Department of Education.
Individuals in this country depend on Pell Grants and special
education funding. For years, these two programs have been successful
and are critical to ensuring that all Americans have access to a
quality education. It is crucial that we bring these programs up to
their full funding levels before adding new spending programs.
This motion establishes better funding priorities than the underlying
bill. Funding special education and Pell Grants for the higher
education of individuals in this country should be the number one
priority of the education programs for this body.
Currently, IDEA, our special education program, is only being funded
at 17 percent of the added cost of educating individuals with
disabilities. The Federal Government has been authorized to fund up to
40 percent of the total cost of special education in our States.
The fiscal year 2009 budget request is for $11.28 billion. This
represents 17 percent of the added cost of special education. To fund
IDEA to the level the Federal Government has promised, this request
needs to be, should be, $26.55 billion. This creates a funding
shortfall of over $15 billion for IDEA.
Pell Grants are authorized to be $9,000, the maximum award, under
this legislation. However, the current level is less than half of that,
the discretionary maximum of $4,241. Including mandatory spending in
the maximum Pell Grant, it is still only $4,371, which is only 49
percent of the authorized level.
Now, as a nation, Madam Speaker, we pride ourselves on our education
system. How can we be proud of a piece of legislation that funds our
longstanding key educational programs at only 42.5 percent of the
authorized level? It doesn't sound like something to be proud of. How
can we be proud of a piece of legislation without this motion to
recommit that doesn't set the right funding priorities for our Nation?
Members on both sides of the aisle know that one of the heartfelt
items that I have worked on in my years in this body has been fully
funding our special education programs. We have worked on it together.
We have sometimes had success, and sometimes we haven't had the success
that we would have liked. But together, today, we have an opportunity
to fully fund IDEA and to fully fund the Pell Grant program, these two
programs which are so instrumental in helping give young people in our
country the educational opportunities that they so desperately need and
deserve.
Let's fully fund the Pell Grant program. Let's fully fund IDEA to
keep
[[Page 1757]]
our commitment to our special needs students. Let's vote ``yes'' on the
motion to recommit.
Madam Speaker, I yield back the balance of my time.
{time} 1745
Mr. GEORGE MILLER of California. Madam Speaker, I rise in opposition
to the motion to recommit.
The SPEAKER pro tempore. The gentleman from California is recognized
for 5 minutes.
Mr. GEORGE MILLER of California. Madam Speaker, one of the great
coalitions we have in the Congress of the United States, supported by
every school board, every teacher organization, every educational group
in the country was to fully fund IDEA. It was bipartisan; letters went
down with 200, 300, 350, 375 Members of Congress saying fully fund
IDEA.
We got pounded on our side when we weren't in control of the
Congress; that's the way it was. Everybody was for it, right up until
the moment that they took control of the Congress of the United States,
because in No Child Left Behind, when we asked to fully fund IDEA, the
now-minority leader of the Republicans pulled the plug, and that great
bipartisan coalition hasn't been heard of since.
I would be embarrassed too. I would try to struggle to come back
because you disappointed the American public. You certainly
disappointed the families of these children, and you certainly
disappointed these children and those who struggle to give them an
education every day. So now as they struggle to come back, what are
they going to do?
They are going to say unless you fund IDEA, you can't spend any money
on higher education under this bill. Folks, that's all money in higher
education under this bill, which is under this bill. So you won't be
able to provide loan forgiveness for firefighters and policemen and
public defenders and prosecutors and nurses. You won't be able to help
veterans reenter the higher education system when they come back with
so many of the injuries that they are coming back from.
We won't be able to give them the assistance that's in this
legislation. For those veterans who lost a family member, this bill
says they are automatically entitled, the children are automatically
entitled to the Pell Grant. Those veterans' families won't get that, a
member of their family paid the supreme price in the defense of this
country. They won't get that.
You are not going to get what we have been working for for so many
years, led by Mr. McKeon, led by Rahm Emanuel, to simplify it so
families can understand the access to the loan program so they can pay
for their kids' education. For the first time in 25 years, we have a
simplified system. But you won't get that; families won't get that.
What about safety on college campuses? We had a moment of silence
here for those students. We had hearings all over Capitol Hill for
those students, but we address campus safety on a bipartisan basis. We
slugged it out, we worked it out, we did it. You won't get that. Those
campuses won't get that kind of assistance.
What about now for the first time a master's program for the
historically black colleges? You won't get that. Because you shirked
your duties year after year after year for over a decade, you have now
decided these are the people that you are going to punish. This is the
tenet of this party on the other side of the aisle.
Announcement By the Speaker Pro Tempore
The SPEAKER pro tempore. The gentleman should address his remarks to
the Chair.
Mr. GEORGE MILLER of California. It is tough to do when I realize the
substance of this amendment. It should be directed to the author of the
amendment and to the party that supports it.
What about Teach for America? Have you talked to the principals in
the school districts that have these magnificent young people who have
come to this system to give us a couple of the best years of their
life? It won't be allowed under this amendment.
Finally, what about the disabled kids that are in college where, for
the first time, in the Higher Education Act, we speak to the needs of
the disabled community that can thrive and do well in colleges but they
need help. You pit them against their brothers and sisters.
Make your choice, ladies and gentlemen. You can vote for the past and
a scandalous record and commitment on education, or you can vote for
the future. How about some change?
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. FERGUSON. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on
the motion to recommit will be followed by 5-minute votes on passage of
the bill, if ordered; and suspending the rules agreeing to House
Resolution 947.
The vote was taken by electronic device, and there were--ayes 194,
noes 216, not voting 19, as follows:
[Roll No. 39]
AYES--194
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carney
Carter
Chabot
Coble
Cole (OK)
Conaway
Crenshaw
Cubin
Culberson
Davis (KY)
Davis, David
Deal (GA)
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Donnelly
Doolittle
Drake
Dreier
Duncan
Ehlers
Ellsworth
Emerson
English (PA)
Fallin
Feeney
Ferguson
Flake
Forbes
Fossella
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
McNerney
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Platts
Poe
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Terry
Thornberry
Tiahrt
Tiberi
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOES--216
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Castle
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Ellison
Emanuel
Engel
Eshoo
Etheridge
Fattah
Filner
Foxx
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
[[Page 1758]]
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Jones (OH)
Kagen
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
LaHood
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Snyder
Solis
Space
Spratt
Stark
Stupak
Sutton
Tancredo
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Wu
Yarmuth
NOT VOTING--19
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lewis (KY)
Lowey
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Turner
Woolsey
Wynn
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised 2
minutes remain on this vote.
{time} 1807
Ms. FOXX changed her vote from ``aye'' to ``no.''
Mr. CARNEY changed his vote from ``no'' to ``aye.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GEORGE MILLER of California. Madam Speaker, on that I demand the
yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 354,
nays 58, not voting 17, as follows:
[Roll No. 40]
YEAS--354
Abercrombie
Ackerman
Aderholt
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blumenauer
Bonner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Butterfield
Buyer
Calvert
Camp (MI)
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doyle
Drake
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Fattah
Ferguson
Filner
Forbes
Fossella
Frank (MA)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lynch
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Pomeroy
Price (NC)
Pryce (OH)
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--58
Akin
Bachmann
Barrett (SC)
Bartlett (MD)
Barton (TX)
Blackburn
Blunt
Boehner
Brady (TX)
Broun (GA)
Burgess
Burton (IN)
Campbell (CA)
Cannon
Cantor
Conaway
Cubin
Culberson
Deal (GA)
Doolittle
Dreier
Duncan
Feeney
Flake
Foxx
Franks (AZ)
Garrett (NJ)
Gingrey
Hensarling
Herger
Hoekstra
Jordan
King (IA)
Kingston
Kline (MN)
Lamborn
Linder
Lungren, Daniel E.
Mack
McHenry
Miller (FL)
Moran (KS)
Musgrave
Myrick
Paul
Pence
Poe
Price (GA)
Putnam
Rohrabacher
Royce
Ryan (WI)
Sali
Sensenbrenner
Shadegg
Tancredo
Weldon (FL)
Westmoreland
NOT VOTING--17
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Woolsey
Wynn
{time} 1817
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
GENERAL LEAVE
Mr. GEORGE MILLER of California. Madam Speaker, I request 5
legislative days in which Members may revise and extend their remarks
and insert extraneous material into the Record on the bill, H.R. 4137.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
____________________
AUTHORIZING THE CLERK TO MAKE CORRECTIONS IN ENGROSSMENT OF H.R. 4137,
COLLEGE OPPORTUNITY AND AFFORDABILITY ACT OF 2007
Mr. GEORGE MILLER of California. Madam Speaker, I ask unanimous
consent that, in the engrossment of the
[[Page 1759]]
bill, H.R. 4137, the Clerk be authorized to correct the table of
contents, section numbers, punctuation, citations, and cross-references
and to make such other technical and conforming changes as may be
appropriate to reflect the actions of the House.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Ms. Baldwin). Without objection, 5-minute
voting will continue.
There was no objection.
____________________
CONGRATULATING LEE MYUNG-BAK ON ELECTION TO PRESIDENCY OF THE REPUBLIC
OF KOREA
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 947,
on which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Payne) that the House suspend the rules
and agree to the resolution, H. Res. 947.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 388,
nays 0, not voting 41, as follows:
[Roll No. 41]
YEAS--388
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Ellison
Ellsworth
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Fattah
Ferguson
Filner
Flake
Forbes
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Langevin
Larsen (WA)
Larson (CT)
Latham
Latta
Lee
Levin
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lungren, Daniel E.
Mack
Maloney (NY)
Manzullo
Markey
Matheson
Matsui
McCarthy (CA)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Platts
Poe
Pomeroy
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Rush
Ryan (OH)
Salazar
Sali
Sanchez, Linda T.
Sarbanes
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (TX)
Snyder
Solis
Souder
Spratt
Stark
Stearns
Stupak
Sullivan
Tancredo
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--41
Bachmann
Boucher
Coble
Cramer
Davis, Tom
Diaz-Balart, L.
Emanuel
Everett
Farr
Feeney
Fortenberry
Gutierrez
Inslee
Lampson
Lantos
LaTourette
Lewis (CA)
Lowey
Lynch
Mahoney (FL)
Marchant
Marshall
McCarthy (NY)
Murphy (CT)
Neal (MA)
Pitts
Porter
Radanovich
Reynolds
Ruppersberger
Ryan (WI)
Sanchez, Loretta
Saxton
Smith (NJ)
Smith (WA)
Space
Sutton
Tanner
Turner
Woolsey
Wynn
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members are advised there
are 2 minutes remaining in this vote.
{time} 1827
So (two-thirds being in the affirmative) the rules were suspended and
the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PERSONAL EXPLANATION
Mr. TURNER. Madam Speaker, on rollcall No. 39 (Republican Motion to
Recommit) and 41 (Adoption of H. Res. 947) I was present for the vote
however my voting card malfunctioned and did not record my votes. Had
my voting card not malfunctioned, I would have voted ``aye'' on
rollcall vote 39 and ``aye'' on rollcall vote 41.
____________________
FURTHER MESSAGE FROM THE SENATE
A further message from the Senate by Ms. Curtis, one of its clerks,
announced that the Senate has passed with an amendment in which the
concurrence of the House is requested, a bill of the House of the
following title.
H.R. 5140. An act to provide economic stimulus through
recovery rebates to individuals, incentives for business
investment, and an increase in conforming and FHA loan
limits.
____________________
ECONOMIC STIMULUS ACT OF 2008
Mr. RANGEL. Madam Speaker, I ask unanimous consent that it shall be
in order at any time to take from the Speaker's table the bill (H.R.
5140) to provide economic stimulus through recovery rebates to
individuals, incentives for business investment, and an increase in
conforming and FHA loan limits, with a Senate amendment thereto, and to
consider in the House, without intervention of any point of order, a
motion offered by the chairman of the Committee on Ways and Means or
his designee that the House concur in the Senate amendment; the Senate
amendment and the motion shall be considered as read; the motion shall
be debatable for 40 minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on Ways and
Means;
[[Page 1760]]
and the previous question shall be considered as ordered on the motion
to its adoption without intervening motion.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
{time} 1830
Mr. RANGEL. Madam Speaker, pursuant to the previous order of the
House, I call up H.R. 5140 and the Senate amendment thereto.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The Clerk will designate the Senate
amendment.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Economic
Stimulus Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--RECOVERY REBATES AND INCENTIVES FOR BUSINESS INVESTMENT
Sec. 101. 2008 recovery rebates for individuals.
Sec. 102. Temporary increase in limitations on expensing of certain
depreciable business assets.
Sec. 103. Special allowance for certain property acquired during 2008.
TITLE II--HOUSING GSE AND FHA LOAN LIMITS
Sec. 201. Temporary conforming loan limit increase for Fannie Mae and
Freddie Mac.
Sec. 202. Temporary loan limit increase for FHA.
TITLE III--EMERGENCY DESIGNATION
Sec. 301. Emergency designation.
TITLE I--RECOVERY REBATES AND INCENTIVES FOR BUSINESS INVESTMENT
SEC. 101. 2008 RECOVERY REBATES FOR INDIVIDUALS.
(a) In General.--Section 6428 of the Internal Revenue Code
of 1986 is amended to read as follows:
``SEC. 6428. 2008 RECOVERY REBATES FOR INDIVIDUALS.
``(a) In General.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
subtitle A for the first taxable year beginning in 2008 an
amount equal to the lesser of--
``(1) net income tax liability, or
``(2) $600 ($1,200 in the case of a joint return).
``(b) Special Rules.--
``(1) In general.--In the case of a taxpayer described in
paragraph (2)--
``(A) the amount determined under subsection (a) shall not
be less than $300 ($600 in the case of a joint return), and
``(B) the amount determined under subsection (a) (after the
application of subparagraph (A)) shall be increased by the
product of $300 multiplied by the number of qualifying
children (within the meaning of section 24(c)) of the
taxpayer.
``(2) Taxpayer described.--A taxpayer is described in this
paragraph if the taxpayer--
``(A) has qualifying income of at least $3,000, or
``(B) has--
``(i) net income tax liability which is greater than zero,
and
``(ii) gross income which is greater than the sum of the
basic standard deduction plus the exemption amount (twice the
exemption amount in the case of a joint return).
``(c) Treatment of Credit.--The credit allowed by
subsection (a) shall be treated as allowed by subpart C of
part IV of subchapter A of chapter 1.
``(d) Limitation Based on Adjusted Gross Income.--The
amount of the credit allowed by subsection (a) (determined
without regard to this subsection and subsection (f)) shall
be reduced (but not below zero) by 5 percent of so much of
the taxpayer's adjusted gross income as exceeds $75,000
($150,000 in the case of a joint return).
``(e) Definitions.--For purposes of this section--
``(1) Qualifying income.--The term `qualifying income'
means--
``(A) earned income,
``(B) social security benefits (within the meaning of
section 86(d)), and
``(C) any compensation or pension received under chapter
11, chapter 13, or chapter 15 of title 38, United States
Code.
``(2) Net income tax liability.--The term `net income tax
liability' means the excess of--
``(A) the sum of the taxpayer's regular tax liability
(within the meaning of section 26(b)) and the tax imposed by
section 55 for the taxable year, over
``(B) the credits allowed by part IV (other than section 24
and subpart C thereof) of subchapter A of chapter 1.
``(3) Eligible individual.--The term `eligible individual'
means any individual other than--
``(A) any nonresident alien individual,
``(B) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual's
taxable year begins, and
``(C) an estate or trust.
``(4) Earned income.--The term `earned income' has the
meaning set forth in section 32(c)(2) except that--
``(A) subclause (II) of subparagraph (B)(vi) thereof shall
be applied by substituting `January 1, 2009' for `January 1,
2008', and
``(B) such term shall not include net earnings from self-
employment which are not taken into account in computing
taxable income.
``(5) Basic standard deduction; exemption amount.--The
terms `basic standard deduction' and `exemption amount' shall
have the same respective meanings as when used in section
6012(a).
``(f) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (g).
Any failure to so reduce the credit shall be treated as
arising out of a mathematical or clerical error and assessed
according to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (g) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(g) Advance Refunds and Credits.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2007 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if this section (other than subsection (f) and
this subsection) had applied to such taxable year.
``(3) Timing of payments.--The Secretary shall, subject to
the provisions of this title, refund or credit any
overpayment attributable to this section as rapidly as
possible. No refund or credit shall be made or allowed under
this subsection after December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(h) Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) to an eligible individual who does not include
on the return of tax for the taxable year--
``(A) such individual's valid identification number,
``(B) in the case of a joint return, the valid
identification number of such individual's spouse, and
``(C) in the case of any qualifying child taken into
account under subsection (b)(1)(B), the valid identification
number of such qualifying child.
``(2) Valid identification number.--For purposes of
paragraph (1), the term `valid identification number' means a
social security number issued to an individual by the Social
Security Administration. Such term shall not include a TIN
issued by the Internal Revenue Service.''.
(b) Administrative Amendments.--
(1) Definition of deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and
53(e)'' and inserting ``53(e), and 6428''.
(2) Mathematical or clerical error authority.--Section
6213(g)(2)(L) of such Code is amended by striking ``or 32''
and inserting ``32, or 6428''.
(c) Treatment of Possessions.--
(1) Payments to possessions.--
(A) Mirror code possession.--The Secretary of the Treasury
shall make a payment to each possession of the United States
with a mirror code tax system in an amount equal to the loss
to that possession by reason of the amendments made by this
section. Such amount shall be determined by the Secretary of
the Treasury based on information provided by the government
of the respective possession.
(B) Other possessions.--The Secretary of the Treasury shall
make a payment to each possession of the United States which
does not have a mirror code tax system in an amount estimated
by the Secretary of the Treasury as being equal to the
aggregate benefits that would have been provided to residents
of such possession by reason of the amendments made by this
section if a mirror code tax system had been in effect in
such possession. The preceding sentence shall not apply with
respect to any possession of the United States unless such
possession has a plan, which has been approved by the
Secretary of the Treasury, under which such possession will
promptly distribute such payment to the residents of such
possession.
(2) Coordination with credit allowed against united states
income taxes.--No credit shall be allowed against United
States income taxes under section 6428 of the Internal
Revenue Code of 1986 (as amended by this section) to any
person--
(A) to whom a credit is allowed against taxes imposed by
the possession by reason of the amendments made by this
section, or
(B) who is eligible for a payment under a plan described in
paragraph (1)(B).
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes of this
subsection, the term ``possession
[[Page 1761]]
of the United States'' includes the Commonwealth of Puerto
Rico and the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means, with
respect to any possession of the United States, the income
tax system of such possession if the income tax liability of
the residents of such possession under such system is
determined by reference to the income tax laws of the United
States as if such possession were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the payments
under this subsection shall be treated in the same manner as
a refund due from the credit allowed under section 6428 of
the Internal Revenue Code of 1986 (as amended by this
section).
(d) Refunds Disregarded in the Administration of Federal
Programs and Federally Assisted Programs.--Any credit or
refund allowed or made to any individual by reason of section
6428 of the Internal Revenue Code of 1986 (as amended by this
section) or by reason of subsection (c) of this section shall
not be taken into account as income and shall not be taken
into account as resources for the month of receipt and the
following 2 months, for purposes of determining the
eligibility of such individual or any other individual for
benefits or assistance, or the amount or extent of benefits
or assistance, under any Federal program or under any State
or local program financed in whole or in part with Federal
funds.
(e) Appropriations To Carry Out Rebates.--
(1) In general.--Immediately upon the enactment of this
Act, the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008:
(A) Department of treasury.--
(i) For an additional amount for ``Department of the
Treasury--Financial Management Service--Salaries and
Expenses'', $64,175,000, to remain available until September
30, 2009.
(ii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Taxpayer Services'',
$50,720,000, to remain available until September 30, 2009.
(iii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Operations Support'',
$151,415,000, to remain available until September 30, 2009.
(B) Social security administration.--For an additional
amount for ``Social Security Administration--Limitation on
Administrative Expenses'', $31,000,000, to remain available
until September 30, 2008.
(2) Reports.--No later than 15 days after enactment of this
Act, the Secretary of the Treasury shall submit a plan to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the expected use of the funds
provided by paragraph (1)(A). Beginning 90 days after
enactment of this Act, the Secretary of the Treasury shall
submit a quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
actual expenditure of funds provided by paragraph (1)(A) and
the expected expenditure of such funds in the subsequent
quarter.
(f) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 6428'' after
``section 35''.
(2) Paragraph (1) of section 1(i) of the Internal Revenue
Code of 1986 is amended by striking subparagraph (D).
(3) The item relating to section 6428 in the table of
sections for subchapter B of chapter 65 of such Code is
amended to read as follows:
``Sec. 6428. 2008 recovery rebates for individuals.''.
SEC. 102. TEMPORARY INCREASE IN LIMITATIONS ON EXPENSING OF
CERTAIN DEPRECIABLE BUSINESS ASSETS.
(a) In General.--Subsection (b) of section 179 of the
Internal Revenue Code of 1986 (relating to limitations) is
amended by adding at the end the following new paragraph:
``(7) Increase in limitations for 2008.--In the case of any
taxable year beginning in 2008--
``(A) the dollar limitation under paragraph (1) shall be
$250,000,
``(B) the dollar limitation under paragraph (2) shall be
$800,000, and
``(C) the amounts described in subparagraphs (A) and (B)
shall not be adjusted under paragraph (5).''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 103. SPECIAL ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED
DURING 2008.
(a) In General.--Subsection (k) of section 168 of the
Internal Revenue Code of 1986 (relating to special allowance
for certain property acquired after September 10, 2001, and
before January 1, 2005) is amended--
(1) by striking ``September 10, 2001'' each place it
appears and inserting ``December 31, 2007'',
(2) by striking ``September 11, 2001'' each place it
appears and inserting ``January 1, 2008'',
(3) by striking ``January 1, 2005'' each place it appears
and inserting ``January 1, 2009'', and
(4) by striking ``January 1, 2006'' each place it appears
and inserting ``January 1, 2010''.
(b) 50 Percent Allowance.--Subparagraph (A) of section
168(k)(1) of such Code is amended by striking ``30 percent''
and inserting ``50 percent''.
(c) Conforming Amendments.--
(1) Subclause (I) of section 168(k)(2)(B)(i) of such Code
is amended by striking ``and (iii)'' and inserting ``(iii),
and (iv)''.
(2) Subclause (IV) of section 168(k)(2)(B)(i) of such Code
is amended by striking ``clauses (ii) and (iii)'' and
inserting ``clause (iii)''.
(3) Clause (i) of section 168(k)(2)(C) of such Code is
amended by striking ``and (iii)'' and inserting ``, (iii),
and (iv)''.
(4) Clause (i) of section 168(k)(2)(F) of such Code is
amended by striking ``$4,600'' and inserting ``$8,000''.
(5)(A) Subsection (k) of section 168 of such Code is
amended by striking paragraph (4).
(B) Clause (iii) of section 168(k)(2)(D) of such Code is
amended by striking the last sentence.
(6) Paragraph (4) of section 168(l) of such Code is amended
by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D) and inserting before
subparagraph (B) (as so redesignated) the following new
subparagraph:
``(A) Bonus depreciation property under subsection (k).--
Such term shall not include any property to which section
168(k) applies.''.
(7) Paragraph (5) of section 168(l) of such Code is
amended--
(A) by striking ``September 10, 2001'' in subparagraph (A)
and inserting ``December 31, 2007'', and
(B) by striking ``January 1, 2005'' in subparagraph (B) and
inserting ``January 1, 2009''.
(8) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2005'' and inserting
``January 1, 2010''.
(9) Paragraph (3) of section 1400N(d) of such Code is
amended--
(A) by striking ``September 10, 2001'' in subparagraph (A)
and inserting ``December 31, 2007'', and
(B) by striking ``January 1, 2005'' in subparagraph (B) and
inserting ``January 1, 2009''.
(10) Paragraph (6) of section 1400N(d) of such Code is
amended by adding at the end the following new subparagraph:
``(E) Exception for bonus depreciation property under
section 168(k).--The term `specified Gulf Opportunity Zone
extension property' shall not include any property to which
section 168(k) applies.''.
(11) The heading for subsection (k) of section 168 of such
Code is amended--
(A) by striking ``September 10, 2001'' and inserting
``December 31, 2007'', and
(B) by striking ``January 1, 2005'' and inserting ``January
1, 2009''.
(12) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``pre-january 1, 2005'' and
inserting ``pre-january 1, 2009''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007, in taxable years ending after such date.
TITLE II--HOUSING GSE AND FHA LOAN LIMITS
SEC. 201. TEMPORARY CONFORMING LOAN LIMIT INCREASE FOR FANNIE
MAE AND FREDDIE MAC.
(a) Increase of High Cost Areas Limits for Housing GSEs.--
For mortgages originated during the period beginning on July
1, 2007, and ending at the end of December 31, 2008:
(1) Fannie mae.--With respect to the Federal National
Mortgage Association, notwithstanding section 302(b)(2) of
the Federal National Mortgage Association Charter Act (12
U.S.C. 1717(b)(2)), the limitation on the maximum original
principal obligation of a mortgage that may be purchased by
the Association shall be the higher of--
(A) the limitation for 2008 determined under such section
302(b)(2) for a residence of the applicable size; or
(B) 125 percent of the area median price for a residence of
the applicable size, but in no case to exceed 175 percent of
the limitation for 2008 determined under such section
302(b)(2) for a residence of the applicable size.
(2) Freddie mac.--With respect to the Federal Home Loan
Mortgage Corporation, notwithstanding section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)), the limitation on the maximum original principal
obligation of a mortgage that may be purchased by the
Corporation shall be the higher of--
(A) the limitation determined for 2008 under such section
305(a)(2) for a residence of the applicable size; or
(B) 125 percent of the area median price for a residence of
the applicable size, but in no case to exceed 175 percent of
the limitation determined for 2008 under such section
305(a)(2) for a residence of the applicable size.
(b) Determination of Limits.--The areas and area median
prices used for purposes of the determinations under
subsection (a) shall be the areas and area median prices used
by the Secretary of Housing and Urban Development in
determining the applicable limits under section 202 of this
title.
(c) Rule of Construction.--A mortgage originated during the
period referred to in subsection (a) that is eligible for
purchase by the Federal National Mortgage Association or the
Federal Home Loan Mortgage Corporation pursuant to this
section shall be eligible for such purchase for the duration
of the term of the mortgage, notwithstanding that such
purchase occurs after the expiration of such period.
(d) Effect on Housing Goals.--Notwithstanding any other
provision of law, mortgages purchased in accordance with the
increased maximum original principal obligation limitations
determined pursuant to this section shall not be considered
in determining performance with respect to any of the housing
goals established under section 1332, 1333, or 1334 of the
[[Page 1762]]
Housing and Community Development Act of 1992 (12 U.S.C.
4562-4), and shall not be considered in determining
compliance with such goals pursuant to section 1336 of such
Act (12 U.S.C. 4566) and regulations, orders, or guidelines
issued thereunder.
(e) Sense of Congress.--It is the sense of the Congress
that the securitization of mortgages by the Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation plays an important role in providing liquidity to
the United States housing markets. Therefore, the Congress
encourages the Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation to securitize
mortgages acquired under the increased conforming loan limits
established in this section, to the extent that such
securitizations can be effected in a timely and efficient
manner that does not impose additional costs for mortgages
originated, purchased, or securitized under the existing
limits or interfere with the goal of adding liquidity to the
market.
SEC. 202. TEMPORARY LOAN LIMIT INCREASE FOR FHA.
(a) Increase of High-Cost Area Limit.--For mortgages for
which the mortgagee has issued credit approval for the
borrower on or before December 31, 2008, subparagraph (A) of
section 203(b)(2) of the National Housing Act (12 U.S.C.
1709(b)(2)(A)) shall be considered (except for purposes of
section 255(g) of such Act (12 U.S.C. 1715z-20(g))) to
require that a mortgage shall involve a principal obligation
in an amount that does not exceed the lesser of--
(1) in the case of a 1-family residence, 125 percent of the
median 1-family house price in the area, as determined by the
Secretary; and in the case of a 2-, 3-, or 4-family
residence, the percentage of such median price that bears the
same ratio to such median price as the dollar amount
limitation determined for 2008 under section 305(a)(2) of the
Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)) for a 2-, 3-, or 4-family residence,
respectively, bears to the dollar amount limitation
determined for 2008 under such section for a 1-family
residence; or
(2) 175 percent of the dollar amount limitation determined
for 2008 under such section 305(a)(2) for a residence of the
applicable size (without regard to any authority to increase
such limitation with respect to properties located in Alaska,
Guam, Hawaii, or the Virgin Islands);
except that the dollar amount limitation in effect under this
subsection for any size residence for any area shall not be
less than the greater of (A) the dollar amount limitation in
effect under such section 203(b)(2) for the area on October
21, 1998; or (B) 65 percent of the dollar amount limitation
determined for 2008 under such section 305(a)(2) for a
residence of the applicable size. Any reference in this
subsection to dollar amount limitations in effect under
section 305 (a)(2) of the Federal Home Loan Mortgage
Corporation Act means such limitations as in effect without
regard to any increase in such limitation pursuant to section
201 of this title.
(b) Discretionary Authority.--If the Secretary of Housing
and Urban Development determines that market conditions
warrant such an increase, the Secretary may, for the period
that begins upon the date of the enactment of this Act and
ends at the end of the date specified in subsection (a),
increase the maximum dollar amount limitation determined
pursuant to subsection (a) with respect to any particular
size or sizes of residences, or with respect to residences
located in any particular area or areas, to an amount that
does not exceed the maximum dollar amount then otherwise in
effect pursuant to subsection (a) for such size residence, or
for such area (if applicable), by not more than $100,000.
(c) Publication of Area Median Prices and Loan Limits.--The
Secretary of Housing and Urban Development shall publish the
median house prices and mortgage principal obligation limits,
as revised pursuant to this section, for all areas as soon as
practicable, but in no case more than 30 days after the date
of the enactment of this Act. With respect to existing areas
for which the Secretary has not established area median
prices before such date of enactment, the Secretary may rely
on existing commercial data in determining area median prices
and calculating such revised principal obligation limits.
TITLE III--EMERGENCY DESIGNATION
SEC. 301. EMERGENCY DESIGNATION.
For purposes of Senate enforcement, all provisions of this
Act are designated as emergency requirements and necessary to
meet emergency needs pursuant to section 204 of S. Con. Res.
21 (110th Congress), the concurrent resolution on the budget
for fiscal year 2008.
Motion Offered by Mr. Rangel
Mr. RANGEL. Madam Speaker, I have a motion at the desk.
The SPEAKER pro tempore. The Clerk will designate the motion.
The text of the motion is as follows:
Motion offered by Mr. Rangel:
Mr. Rangel moves that the House concur in the Senate
amendment to H.R. 5140.
The SPEAKER pro tempore. Pursuant to the order of the House of today,
the gentleman from New York (Mr. Rangel) and the gentleman from
Louisiana (Mr. McCrery) each will control 20 minutes.
The Chair recognizes the gentleman from New York.
Mr. RANGEL. Madam Speaker, I yield myself such time as I may utilize.
Madam Speaker, I have asked the nonpartisan Joint Committee on
Taxation to make available to the public a technical explanation of the
tax divisions of H.R. 5140. The technical explanation expresses the
committee's understanding and the legislative intent behind this
important legislation. This explanation document, JCX-16-08, is
currently available on the joint committee's Web site.
Madam Speaker, first and foremost, I want to extend my deep
appreciation for Speaker Pelosi, for her leadership and commitment to a
bipartisan spirit, and to the minority leader, Mr. Boehner, for his
hard work and the cooperation as we move toward this truly critical
legislation.
In addition, I want to thank my friend, Hank Paulson, for working to
broker a compromise between the Congress and an administration that not
before had indicated the depth of cooperation that the Secretary of the
Treasury invoked.
Finally, I would like to thank the Senate leadership for recognizing
the urgency of this relief and finally getting to work to ensure its
quick passage today, enabling the House to pass the Senate amendment
and delivering it to the President's desk.
I also would like to thank Mr. McCrery, who made it easy for us to
work with our leadership in the House to cooperate with the
administration to make certain that our mission to speedily pass the
stimulus bill was done and sent over to the Senate.
I also want to point out that they should give us all, in our
country, and indeed in this House, an opportunity to see that we are
not sending these hundreds of billions of dollars in rebate dollars to
the people that need it out of compassion. We are not sending it to
them because we think it's right that they should put a roof over their
heads or clothing on their backs or provide food on the table. We are
doing it because, once again, we want to stimulate the economy, and
therefore, it means that we want goods and services to be purchased.
We do this and we support this effort because the economists say it's
the right thing to do and we do it because these are the people,
middle-class people, lower income people, hardworking people, disabled
veterans, we do it because it's the right thing to do. But, Madam
Speaker, my colleagues in the House, I hope when this recession is
over, and it will be over, that we'll take a good look at the people
that we are talking about today, and we should be able to say that
there is something wrong with this picture and there is something wrong
when we can find millions of people unable to provide the basic goods
and services they need and, at the same time, find that those who are
most affluent are not even disturbed by the recession that we find
ourselves in today.
And so we should be pleased that the Congress is doing the right
thing. But we also should also remember that it is not with a lot of
dignity and pride that people receive this assistance. They receive it
because, as the economists and elitists said, they're going to spend
this money because they have to spend this money.
Madam Speaker, I reserve the balance of my time.
Mr. McCRERY. Madam Speaker, I yield myself so much time as I may
consume.
I will also begin my remarks by thanking the leadership on both sides
of the aisle, Speaker Pelosi, Leader Boehner, for their efforts on a
bipartisan basis to respond in a very efficient and quick manner to the
needs of the country, the needs of our economy, by putting together and
supporting a stimulus package that we hope, combined with the efforts
of the Fed, will indeed avert a recession in this country and will
contribute to a higher level of economic growth this year than we
otherwise would have had.
Their efforts surely should be taken note of by every Member in this
House, indeed of the Congress, and by people across this country. It
demonstrates that when we, in this body, want to work together and
accomplish something for the country, we can do it. And we certainly
have done it in this piece of legislation.
[[Page 1763]]
It is a compromise, no question about it. There are things that we
would have liked to have had in this bill that are not in there. There
are things that the majority would have liked to have in here that are
not in here. But the fact that we were able to come together and get
this done and in this very short amount of time is clearly a victory
for the American people and I believe a victory for this Congress.
I also want to thank my colleague, the chairman of the Ways and Means
Committee, Mr. Rangel. He has really reached out to the minority
throughout his tenure as chairman, and in this instance, his staff
worked very closely with the minority staff and with leadership staff
to put this product together. So I want to thank him for his continued
gentlemanly conduct of the committee and cooperation with the minority
when it's possible.
Madam Speaker, this bill before us today does have a few changes from
the House bill that passed just a few days ago.
The changes basically allow Social Security benefits and disabled
veterans benefits to count as earned income for purposes of satisfying
the $3,000 requirement for earned income to get the prebates: $300 per
person, $600 per couple, and even the $300 child credit, if applicable.
So I think certainly that is an improvement to the bill in the sense
that we will get more money into the hands of people who will more than
likely spend that money very quickly and get that money working in the
economy.
The Senate also made some changes with respect to making sure that
illegal immigrants are not able to take advantage of this prebate,
these checks that are being sent out, and certainly that is a positive
development.
Madam Speaker, all in all, I think the product before us this evening
is an excellent work of the two bodies on a bipartisan basis and, of
course, with the support of the Bush administration. And I hope that
all Members in this body will tonight enthusiastically support this
product and get this to the President for his signature, to the IRS for
their administration, and get the checks in the hands of people and
allow businesses to begin to get a bonus depreciation for investment.
We think that will help speed investment into this year and create
jobs. And that is the best way to fight an economic downturn is to
create jobs and get money circulating in the economy with paychecks.
Madam Speaker, I reserve the balance of my time.
Mr. RANGEL. Madam Speaker, I yield 3 minutes to my good friend from
Pennsylvania (Mr. Kanjorski).
Mr. KANJORSKI. Madam Speaker, I rise today to express my appreciation
to the House Democratic and the Republican leadership and to our
colleagues in the Senate for the bipartisan effort that has produced
timely, targeted, and temporary legislation to stimulate our Nation's
slowing economy. I am also pleased that the legislation we are about to
consider ensures that our Nation's senior citizens and disabled
veterans are not left out of this worthwhile package.
Because of my concerns that the bill we considered last week did not
include the low-income seniors and the disabled, I led the effort in
the House to ensure that those who depend entirely on their Social
Security checks were included in the final version of this legislation.
I am very pleased that the Senate agreed and expanded the economic
stimulus package to provide these Americans with much-needed relief. I
urge my colleagues in the House to do the same.
Our Nation's seniors and disabled veterans are facing difficult
economic times. For years, these men and women have been forced to
survive on less and less as their costs continue to increase and their
incomes remain the same. These Americans need cash rebates just as much
as the individuals originally included in the stimulus package.
I am also pleased to see that the legislation we are about to vote on
includes language that would ensure that illegal immigrants do not
receive cash benefits that should only go to those who rightfully
deserve it. This language mirrors legislation that I introduced in the
House today.
Finally, the bill before us today contains an important provision
that I helped to craft as the chairman of the Subcommittee of Capital
Markets, Insurance and Government-Sponsored Enterprises. This reform
will temporarily increase the conforming loan limits of Fannie Mae and
Freddie Mac to enhance the liquidity of our mortgage markets. I support
this short-term change.
Madam Speaker, once again, I wish to applaud the efforts of both the
Members of the House and the Members of the Senate in crafting
legislation that will spur our economy, provide rebates to those that
need them most, and ensure that those ineligible for Federal benefits
do not receive them.
Further, Madam Speaker, I have great pride today that the Congress of
the United States could bring this most important legislation in this
very short time in a very bipartisan way, and we should all have that
pride as we vote on this package today.
Mr. McCRERY. Madam Speaker, at this time I yield 3 minutes to the
distinguished ranking member of the Financial Services Committee, the
gentleman from Alabama (Mr. Bachus).
Mr. BACHUS. I thank the ranking member.
First of all, I'd like to commend Chairman Rangel, Chairman Frank,
the leadership of both the Democratic and Republican leadership, and
Ranking Member McCrery. I think that what we have here is good
legislation. I supported it for three reasons when it passed the House.
Most importantly, and I repeat the words of Ranking Member McCrery,
we're getting money back in the hands of American citizens. We're
letting them make the decision on how to spend the money and not this
Congress. It's a tax cut. It's a tax cut for many low- and middle-
income Americans. I particularly like the tax cuts we've given to
seniors, to veterans, and the disabled, as the gentleman from
Pennsylvania pointed out.
Secondly, the Financial Services Committee tried to address the much
publicized and very important problems with our housing market by
increasing liquidity in our housing market for mortgages. There are
people that are ready to buy houses, there are institutions that are
ready to loan, but there is a lack of confidence in some of those
mortgages and in that financing. And I believe the new limits we've
given the GSEs and FHAs will help that market. We've done it short
term. We'll revisit it if it needs to be for a longer period of time.
Third, I believe what is lacking most of all in our economy and our
country today is a lack of confidence, a lack of optimism.
{time} 1845
There has been a lot of expression of the importance of hope, the
importance of optimism and confidence. And I believe, at least short
term, this package will at least say to the American people, we have
confidence in you. There is need for optimism. And, hopefully, in some
small way, it will promote optimism and confidence.
I will say this as I close: Until and unless we balance the budget,
until government begins to spend what it brings in, we're going to have
problems. Until we address entitlement reform, we're going to have
problems. This government cannot continue to run deficits. If it does,
the economy will not, over the long term, recover.
We have a spending problem in this Congress. We need to recognize
that. We've recognized in this bill that we spend too much money, that
instead the people ought to do it. We ought to continue that.
Madam Speaker, I rise in support of this economic stimulus package.
The version of the stimulus plan we vote on tonight is very similar
to the version passed by the House last month. It includes a number of
changes--including tax relief for seniors, veterans, and the disabled--
that will extend the package's benefits to millions more Americans.
Madam Speaker, I support this package for three reasons.
First, it recognizes the basic economic reality that getting money
back in the hands of
[[Page 1764]]
people who earned it is the best way to help our economy. The tax
element of this package has been called a rebate, but in essence, it's
a tax cut for millions of low- and middle-income Americans who need it
the most.
Second, it will help struggling homeowners. It includes several
provisions designed to address the lack of liquidity in certain
segments of the mortgage market. It temporarily increases the loan
limits that apply to mortgages that can be purchased by the housing
GSEs, and increases the size of mortgages which the Federal Housing
Administration can insure.
Third, quick enactment of this plan will encourage optimism among
Americans concerned about the economy. Madam Speaker, hope has been
mentioned very often in this Presidential campaign. Tonight we should
send a message to the American people that our economy is strong. There
are businesses that are ready to hire, ready to invest, ready to buy
new technology. There is a legitimate reason for optimism today, and we
should promote that optimism. This package, I believe, will contribute
to that optimism and that hope.
Madam Speaker, let me conclude by commending President Bush, Chairman
Frank, Chairman Rangel, Ranking Member McCrery, and the Republican and
Democratic leadership of this House for coming together so quickly to
assemble this stimulus package. I urge all my colleagues to support it.
Mr. RANGEL. Madam Speaker, I would like to recognize the chairman of
the Finance Committee who, under the leadership of our Speaker,
provided the guidance to all of us in the committee to be ready for
this occasion if, in fact, we had to. We do have to, we were ready, and
I'm proud to be his colleague, Mr. Frank, for 3 minutes.
Mr. FRANK of Massachusetts. I begin, appropriate to this bill, on a
note of bipartisanship. My counterpart on the Financial Services
Committee said we must reduce spending, and I agree. And we will have a
chance this year to reduce the most wasteful drain on our economy
imaginable, the war in Iraq, $100 billion a year, far more than the
excess in any other program. So I hope the American people this year
will heed his view and we will put in place a policy that will save us
$1 trillion over the next 10 years if the wishes of some to stay in
Iraq are maintained.
Secondly, let me reinforce what the chairman said. It was in late
November of last year that Speaker Pelosi urged us to begin thinking
about the economy and called together a group of economists, labor
leaders, and business leaders. And she took the lead and more than
anyone else is responsible for the fact that we are confounding the
cynics by acting so quickly and responsibly today.
Lastly, on the housing piece. What we have is a private housing
market that has gotten itself into a terrible jam. And part of this
bill is to use public and quasi-public entities, entities created by
the Federal Government, to go to the aid of the private market. The
private market has stopped making loans for houses above a certain
level because of, as my friend from Alabama said, a lack of confidence.
What we do today is to empower the Federal agency, the FHA, to help
untangle that with a higher loan limit. And those two creations of the
Congress, quasi-public/private Fannie Mae and Freddie Mac, we here
today send the public sector to the rescue of a mortgage market at the
upper end that can't function on its own.
But let me say this: there has been an argument that we should not
have done that without further structural reform in those two entities.
I have agreed to those limits and, in fact, pushed for them being
raised now because we're in an economic crisis and we need a short-term
response.
But I am committed, and I know my friend from Alabama joins me in
this, we will not agree to any further extension of those loan limits
after the expiration date of December of this year unless we are able
to accompany them with structural reform. And let me say, I see my
friend nodding, that's our commitment.
So we are committed. And the chairman of the Senate Banking Committee
and I and Members are now talking about the FHA bill. We will not, and
let me give this commitment, we will not bring out of our committee an
increase in the time at which the jumbo loans can be paid for until we
have comprehensive reform.
Given that, we have here a reasonable package. We get money out,
thanks to the Speaker's insistence on this bipartisan framework, to
precisely the people who will spend it, which is what we need now. And
we send the FHA and Fannie and Freddie in a responsible way to the aid
of the private market because private sector-public sector cooperation
is the foundation of our economy.
Mr. McCRERY. Madam Speaker, I yield 2 minutes to the distinguished
ranking member of the Tax Subcommittee of the Ways and Means Committee,
the gentleman from Pennsylvania (Mr. English).
Mr. ENGLISH of Pennsylvania. Madam Speaker, tonight the House has an
opportunity to give American working families and employers the shot in
the arm they need to weather this growing economic storm.
The heart of this bipartisan plan focuses on putting more demand into
a flagging economy, more money back into the hands of America's
hardworking middle-class families. Through tax rebates and a bump in
the child tax credit, this agreement will quickly inject a cash
infusion into the economy to assist families with skyrocketing food,
services, and energy costs.
Importantly, this legislation will go a step further than the
original compact and ensure that veterans and seniors receive
additional financial support to boost their buying power. All of that
is positive. And as we've already heard, the housing provisions to
increase limits on loans backed on by the FHA and GSEs will, without a
doubt, give relief to families facing financial pressure from the
subprime mortgage crisis.
Finally, and importantly, by rewarding businesses for making critical
capital investments here onshore, we will expand investment, create new
jobs, improve the competitiveness of the American economy, and put an
immediate infusion of liquidity into the economy.
Madam Speaker, in my view, this is precisely the right tonic at the
right time. This should be a start, not the last word. We should be
moving forward with regulatory reform and, above all, let me note to
the people on the other side of the aisle, a budget this year without a
large tax increase looming in the future.
But short of that, this is a good starting place. And I urge my
colleagues to vote for working families, vote for jobs, and vote, above
all, for a growing economy.
Mr. RANGEL. Madam Speaker, I am certain that all of us feel the same
sense of pride in that Speaker Pelosi has responded to a national need,
and not only did it by reaching out to the minority leader, but created
an atmosphere in this House of Representatives so that we all could
respect our dignity and the differences that we have with the other
body.
Our staffs, our committee has worked together in such a way that at
the end of the day we knew that we would be able to say that it was the
House of Representatives that sent the bill over there.
And so I would like to yield 1 minute to our distinguished Speaker,
Nancy Pelosi.
Ms. PELOSI. I thank the gentleman for his kind words and his
extraordinary leadership, which made it possible for us to come to the
floor with this bipartisan historic legislation tonight. Thank you, Mr.
Rangel, for your leadership. And thank you, Mr. McCrery, for yours.
It's quite an evening when we can come together in a bipartisan way for
legislation that helps the middle class, helps those aspire to the
middle class, gives incentives to businesses to create jobs to
stimulate our economy. I thank you for that.
I acknowledge the leadership of Chairman Barney Frank, chairman of
the Financial Services Committee, for his leadership, along with
Ranking Member Bachus for his, because those who are concerned about,
and that is all of us, the subprime crisis can see some relief in this
legislation because of their leadership.
[[Page 1765]]
I want to acknowledge another member of the Financial Services
Committee, Mr. Kanjorski, and salute him for his leadership dropping
the bill even before we took this up this evening for seniors and
disabled veterans to be getting the recovery rebates as well, as well
as clarification of language regarding undocumented persons in our
country getting that benefit. Thank you, Mr. Kanjorski, for your
leadership.
Before I go on too long, I must salute Leader Boehner. It was a
privilege to work with him on this. And Mr. Hoyer and I shared a view
of our caucus. We came with consensus to the table. None of us got
everything we wanted in the legislation, but we did get a great deal
for the American people. We did so in a manner that was timely. We were
acting in record time, targeted on the middle class and those who
aspire to it, targeted to businesses, tax incentives to businesses to
create jobs, and temporary. So these resources and these tax incentives
will be used and spent in a way that will have an impact in the
economy.
I also want to salute Secretary Paulson for his persistence and his
leadership and his receptivity, shall we say, and responsiveness to
some of the values that the Democrats were putting on the table
regarding those who have not participated in receiving a recovery
rebate before, but do so in this bill.
This was across the aisle, but it is also across the Capitol. We
worked it out in record time, again, with Leader Reid and the
Republican leader, Mitch McConnell, on the Senate side, so that tonight
we could bring this bill to the floor.
It was only about 2\1/2\ weeks ago that leadership was on the
telephone with the President of the United States. He had just returned
from his trip to the Middle East. And we talked about what every
homemaker in America has known for a long time, that our economy is
going into a downturn. We wanted to prevent it from being more of a
downturn, and a stimulus was needed.
We had heard from Chairman Bernanke about the state of the economy
and that a stimulus was needed and that it should have certain features
of being timely, targeted, and temporary. And the President, on that
phone call, agreed that we should go forward with a stimulus package in
record time. The House put it together and sent it over to the Senate.
And I'm very, very proud of that.
If I boast of it, it's because it's highly unusual that we can
respond in such record time. But we did so because it was urgent for
the American people. So often they listen in on the debate on the floor
of the House which seems irrelevant to their lives. This is very
relevant to their lives because there are many firsts in here.
For the first time, those who don't make over a certain income are
able to participate in the recovery rebates and the child tax credit.
In fact, more than 40 million Americans, 40 million families will be
receiving those rebates and tax credits who had never received a rebate
or a tax refundable child tax credit before. That's just astounding.
It was different from the bill the President originally proposed
because his proposal did not have a cap, so some of the wealthiest
people in America could get this rebate. Instead, we said, God bless
them for their success. We need to put this money in the pockets of
those who are living paycheck to paycheck, who are finding it hard or
struggling to make ends meet with the price of gasoline, the price of
groceries, the price of health care, the price of education, anything
that you can name, that costs were going up and the purchasing power of
their income was not.
And so we believe that the stimulus, the way it is targeted, will put
money in the hands of those who will spend it immediately, injecting
demand into the economy and therefore creating jobs, the impact that we
want the stimulus to have. Same thing with the small business
incentives.
One of the reasons we were able to move so quickly is because we were
ready. We were ready. The reason we were ready with the child tax
credit is because Congresswoman DeLauro has worked on this issue for
her lifetime in Congress. And of course as chairman of the committee,
Mr. Rangel has had this as a high priority. So it wasn't something that
we had to go create. It's something that we had in our minds and in our
hearts to do for a long time.
The tax credits, the incentives for small businesses have been a part
of the bipartisan support we have in the House for an innovation agenda
so that small businesses and medium-size businesses can take advantage
in a short period of time of this incentive that they have to invest
and to purchase equipment and the rest. Again, for job creation, good-
paying jobs here in America.
We were ready because the Financial Services Committee, under the
leadership of Mr. Barney Frank and Ranking Member Bachus, had already
passed these bills on the floor of the House. Not everything in the
bill is included in this stimulus, but these bills have passed the
House and had been sent over to the Senate. Certain features are
contained in this bill so that there is some relief for the subprime
crisis.
The list goes on and on. But we had our priorities; they have been
our priorities for a while. They are particularly essential now in the
time of a need of stimulus. So when the time came and the President
said he would sign such a bill, we were ready with our priorities.
We fought it out. It wasn't an easy fight, but we knew we had to do
it in the shortest period of time. And it wasn't easy. And there were
some things that I said to the President on the phone when he
congratulated us for going forward that I would have liked to have seen
in the bill, like unemployment insurance and LIHEAP and food stamps and
the rest. But we will take care of those issues in due course. Every
bill cannot accomplish every goal that we have.
I want to identify myself with the comments that Mr. Bachus made.
This is a fiscally sound bill. There were those who wanted to make it
larger with elements that were not necessarily stimulus that we
resisted, excellent ideas. They should be revisited in another piece of
legislation for another day.
{time} 1900
But we had been cautioned over and over, and we have cautioned each
other. And whatever we did in stimulus, even though it would not have
to conform with PAYGO, strictly speaking, that it would not be so
overloaded that it would be a deterrent to recovery because we would be
taking our country more deeply in debt than was justified by our
stimulus package for recovery.
So, because of all of this cooperation, hopefully, it will serve as a
model. I again want to commend Secretary Paulson for his perseverance
and his leadership. And we look forward to soon, in a few days,
perhaps, the President of the United States signing this bill. But the
Secretary has assured us that with the passage of this bill tonight,
even before the Presidential signature, the word will go to the IRS to
begin the process of getting these checks out to the families.
So I think every Member of this body should take great pride in the
bipartisanship of it, in the focus of it, the discipline of it, and
what it means: that it is relevant to the lives of the American people.
A typical middle-income family, a family of four with two children,
will get $1,800. Eighteen hundred dollars. I think that that is
impressive. And families making less than that, other families,
depending on the number of their children, will get a sizable check in
the mail.
This says to them we respect your contribution to our country, to our
economy, to our society, and, even if you don't make a lot of money and
pay income tax, that your contribution to our economy is recognized and
acknowledging the FICA tax that you pay. And that's why once more I
will reiterate that 40 million American families will participate in
the recovery rebates to the tune of about $28 billion infused into our
economy through their hands.
This is a new direction. I urge my colleagues to support it and am
proud
[[Page 1766]]
to be associated with it. And I thank all for their leadership in
making it possible this evening.
Mr. McCRERY. Madam Speaker, I yield 2 minutes to the distinguished
gentleman from California (Mr. Campbell).
Mr. CAMPBELL of California. I thank my friend from Louisiana for
yielding.
Madam Speaker, I hope that my colleagues on both sides of the aisle
will vote against this bill tonight. I hope you will vote against it
because it's too late. The most important quarters are this quarter and
next quarter, and the vast majority of this won't even take effect
until after or at the end of the next quarter. I hope you will vote
against it, because it may be political stimulus, but it is the wrong
economic stimulus. We are in this problem because of a credit crunch
leading to a capital crunch because, arguably, Americans bought,
borrowed, and spent too much, and we are going to ask them to spend
more.
I hope you will oppose it because it is wealth redistribution. People
who pay over 50 percent of the taxes in this country will get nothing,
and roughly 30 percent of the benefit of this will go to people who pay
no taxes at all.
I hope you will vote against this and oppose it because illegal
aliens will get this in spite of the new language put in the bill. You
see, we have lots of laws that say it is illegal for people to be here
and do what they do anyway. The problem is we don't enforce those, and
we can't enforce what is in here either. It will be another
unenforceable law.
I hope you will oppose it because of the potential for fraud. When
you give money for nothing, there is an ability for fraud. The GAO
estimates that roughly one-third of all the earned income tax credits
paid out are fraudulent. It will be the same here.
I hope you will oppose it because it encourages spending when what we
need as a society is more saving and investment.
But if none of that mattered, if none of that mattered to you at all,
I hope you will oppose it because it nearly doubles the deficit for
this year. After 3 years of declining deficits, we're going to begin
the other way. We are going to nearly double that deficit.
Buy a flat screen TV and save America. It's not a good policy. I urge
you to vote ``no.''
Mr. RANGEL. Madam Speaker, I would like to yield 2 minutes to the
distinguished gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Madam Speaker, I thank the distinguished
chairman, Mr. Rangel; and to Mr. Kanjorski; the whole team; and our
most forthright and determined Speaker and this bipartisan leadership
that has responded to the pain and the hurt of so many Americans.
Some would ask the question why are we moving so fast and why are we
investing in people who are those who would receive dollars who happen
to be low income. Because people are hurting. So I'm glad that we have
these values that have created this vehicle to help America and that we
are including help and rebates for the elderly. We are including moneys
for 35 million families who work but yet make too little to pay income
tax in the way that you think of them paying, but they do pay taxes.
They will get a rebate. Disabled veterans will get a rebate.
But I look forward to the time when we can extend the unemployment,
we can expand food stamps and Medicaid only because people are hurting.
Why are they hurting? Because we are spending $120 billion in Iraq. For
the gentleman who just spoke, if we stop doing that, we will be able to
provide for the engine of the economy.
Why do we need it? Because in this budget right here that the
President has offered, $39 million will be taken away in social
services block grants from Texans and millions of dollars for the rest
of Americans. Why are we hurting? Because $47 million will be taken
away from Texans as it relates to community block grants. And 200
communities will be impacted. More people hurting.
This is the right direction. This economic stimulus package is quick.
It gives back to families. It gives back to hardworking families. It
gives back to moderate- and low-income families. And it says that
Warren Buffet is right. Give money to hardworking Americans so that
they can make a difference. Give money to invest in communities so we
can build up the economic economy.
And, lastly, let me say thank you so very much for the increase in
the FHA loans of $729,000.
People are hurting, and we need to be able to provide for those
people who are hurting. A moratorium on foreclosures is necessary.
Support the economic stimulus.
Madam Speaker, I rise today in support of the Senate Amendments to
the Recovery Rebates and Economic Stimulus for the American People Act.
I would like to thank Speaker Pelosi for her leadership on this issue,
as well as my colleagues on both sides of the aisle who have worked
together to overcome partisan divisions to work together to stimulate
our national economy. This legislation will inject over $106 billion
into the economy in 2008, over 2/3 of which will come in the form of
tax rebate checks, given directly to individuals and families. I also
want to thank the Senate for their amendments which extend the stimulus
rebate checks to 250,000 disabled veterans and at least 20 million
additional American seniors living on Social Security.
However, while I support this legislation, I would like to express my
concern about some of this bill's omissions. requested and had hoped
that this legislation would include language declaring that it is the
sense of Congress that a moratorium of up to 90 days should be declared
on all home foreclosures, and that it is the sense of Congress that the
financial industry should allow for the reconstruction and
reconfiguration of the mortgage loan market.
Madam Speaker, I would have liked to see the following language
included in the final legislation, agreed on by both Houses and signed
into law by the President:
(i) It is the sense of Congress that a moratorium of up to 90 days
should be declared on all home foreclosures.
(ii) It is the sense of Congress that the financial industry should
allow for the reconstruction and reconfiguration of the mortgage loan
market.
It was my sincere hope, shared by many economists, that a temporary
economic adjustment period including a cap on adjustable mortgage rates
would provide relief for millions of Americans, and that this added
time would give them time to look for other resources. By delaying
foreclosure, Congress would have declared that millions of Americans
deserve to make their payments, or to get their loans restructured
before they lose their homes. Those who can keep paying would continue
putting money back into our economy. Madam Speaker, we must act now to
prevent what could be a disaster for millions of Americans.
There are a number of additional proposals that I would have liked to
see included in the final Economic Stimulus package. I believe it
should have included a summer job program, aimed at helping our
nation's youth gain the crucial work experience and job skills that
will allow them to be competitive in today's increasingly difficult
employment market. By working to Provide Americans with the skills they
need to successfully secure and keep employment, we can not only help
both adults and youth to develop their careers and to support
themselves and their families, but we can bolster the whole economy by
combating poverty and unemployment.
I would also like to see the extension and expansion of several
existent programs which are already doing important work toward helping
Americans such as unemployment benefits. Under the strain of current
financial circumstances, I believe that we must bolster these important
programs, especially for hard working Americans who have lost their
jobs. Madam Speaker, I call for the expansion of food stamps and
Medicaid programs, and for the extension of unemployment benefits.
Given the current economic climate, I believe that is our
responsibility, as the leaders of our nation, to do all in our power to
ensure that the most vulnerable populations are protected. That is why
I am particularly pleased to support the Senate amendments extending
benefits to disabled veterans who risked their lives to protect the
freedoms we cherish and seniors who spent decades of their lives
contributing to our economy.
Madam Speaker, now is the time for innovative leadership and
concerted action. Recent data shows economic growth is slowing, and
many economic analysts predict a 50% chance of recession. According to
the Bureau of Labor Statistics, unemployment rose from 4.7% to 5.0% in
November 2007 alone. This
[[Page 1767]]
data, coupled with a struggling housing market and overall slowing
economic growth, has caused a ``credit crunch'' that has reduced
available funding and has caused rising prices for housing and food.
Over the past year, we have seen a crisis in subprime mortgage
lending, which has threatened the stability of the housing market and
the livelihoods of large numbers of Americans. During the third quarter
of 2007, the nation's home foreclosures doubled from the previous year.
This Democratic Congress is committed to strengthening the housing
market and stabilizing the economy, and we have passed important
legislation to address this crisis.
Because of the lack of regulation by the federal government, many
housing loans were accompanied by fraud, predatory lending, inadequate
information and other failures of responsible marketing. With
exceptionally high (and rising) foreclosure rates across the country,
homeowners all over America are losing their homes. Homeowners are
surprised to find out that their monthly payments are spiking and they
are struggling to make these increasingly high payments.
The sub-prime mortgage crisis has impacted families and communities
across the country. Home foreclosure filings rose to 1.2 million in
2006--a 42 percent jump--due to rising mortgage bills and a slowing
housing market. Nationally, as many as 2.4 million sub-prime borrowers
have either lost their homes or could lose them in the next few years.
In my home state of Texas, citizens are feeling the impact of the
looming financial crisis. In November 2007 alone, there were 11,599
foreclosure filings in Texas. According to the Center for Responsible
Lending, in Harris County alone 11,944 homes were lost from 2005-2006
through foreclosure on sub prime loans. During the same time period,
the average home decreased $1,355 in total value.
Madam Speaker, I firmly believe that this agreement should include a
moratorium on foreclosures of at least 90 days on owner-occupied homes
with subprime mortgages. Any agreement should also include a rate
freeze on adjustable mortgages of at least five years or until the loan
is converted into a fixed-rate mortgage. The freeze on foreclosures
would give the housing market time to stabilize and homeowners time to
build equity. It is critical that we address this crisis. The Bush
administration and the mortgage industry must reach an agreement that
matches the scale of the problem. The U.S. Treasury Department has been
pushing the mortgage industry to agree to temporarily freeze interest
rates for some borrowers who took out loans with low teaser rates that
will soon be resetting much higher.
Madam Speaker, it is imperative that we address the serious
underlying housing issues faced by our nation. 17 million households,
or one in seven, spend more than 50% of their income on housing. On any
given night, approximately 750,000 men, women, and children are
homeless. Constructing more affordable housing is necessary to help
families who have lost their homes in the subprime mortgage crisis or
due to a family financial crisis, such as illness or job loss. In my
home district in Houston, homelessness remains a significant problem.
Houston's homeless population increased to approximately 14,000 in
2005, before Hurricanes Katrina and Rita, and hurricane evacuees
remaining in the Houston area could result in the homeless population
increasing by some 23,000. Approximately 28% of homeless Americans are
veterans.
In August, I, in coordination with the Texas Department of Housing
and Community Affairs, hosted a workshop on the introductory concepts
and considerations in applying for Housing Tax Credits in Texas. This
workshop was designed to create new incentives for developers to expand
business opportunities in housing development, as well as to generate a
significant increase in the availability of low-income and affordable
housing for the residents of Houston and Harris County. I believe that
an increase in affordable housing and job opportunities will help
reduce the high rates of homelessness among Houston residents.
Madam Speaker, today's economic stimulus legislation will make
important strides towards helping hardworking Americans who are
struggling with the high costs of gas, health care, and groceries. By
putting several hundred dollars directly into the hands of over 130
million American families, this legislation will make important strides
toward invigorating our economy, giving money to those who will quickly
spend it, reinvesting this money in the American economy.
This bill provides broad-based relief for individuals and families,
valued at approximately $115 billion over 10 years. The packages
include tax cuts for 130 million families, providing up to $600 per
individual, $1,200 per married couple, and an additional $300 per
child. On top of these recovery rebate checks, which could be sent as
early as mid-May, this legislation will provide unprecedented tax
relief for working families, with $32 billion in tax relief for 35
million families who work but make too little to pay income taxes, who
would therefore otherwise not be included in this recovery effort. It
is targeted to reach those who need the relief the most: of these 35
million working families, over 19 million are families with children. I
support provisions in this legislation providing tax relief to middle-
income Americans, as well as those aspiring to the middle class,
leaving out the wealthiest taxpayers. Nearly $50 billion of the rebate
will go to those making less than $50,000.
Madam Speaker, family incomes and home prices are down, even as the
costs of health care, energy, food, and education are on the rise.
Combined with the jump in mortgage foreclosures, the American economy
is struggling, with American families falling behind on their bills and
consumer confidence hitting a five year low.
This bill also contains some provisions to help families avoid
foreclosure. It increases affordable refinancing opportunities and
liquidity in the housing market, increasing the Federal Housing
Administration loan limits to $729,750 for 2008. This will expand
affordable mortgage loan opportunities for families at risk of
foreclosure. Further, it includes a one-year increase in loan limits
for single family homes from Fannie Mae and Freddie Mac, enhancing
credit availability in the mortgage market.
While this legislation includes provisions intended to provide a
short-term ``fix'' to many of the economic difficulties our economy is
currently facing, I do not believe that it addresses the long-term
needs of our Nation. While short-term response is critical, we must not
neglect infrastructure, energy independence, and innovation needs,
without which we will not be able to establish a vibrant U.S. economy.
I look forward to working with House leadership, and with my fellow
Members on both sides of the aisle, to look to the future, and to build
innovative and long-term solutions to the underlying problems our
economy faces.
Madam Speaker, this legislation is not perfect, but I believe it is
an important step. I continue to advocate for a 90-day moratorium on
home foreclosures to give financially troubled borrowers time to work
with lenders and avoid losing their homes. I also believe we, together,
must address the underlying infrastructure problems plaguing our
economy. However, I do believe today's legislation will provide
important benefits to millions of Americans, to the entire economy, and
to our Nation as a whole. I urge my colleagues to join me in support of
this legislation.
Mr. McCRERY. Madam Speaker, I yield 2 minutes to the distinguished
ranking member of the Trade Subcommittee of the Ways and Means
Committee, the gentleman from California (Mr. Herger).
Mr. HERGER. Madam Speaker, I wish I could share the enthusiasm of my
colleagues about tonight's bill. I truly do. But right now Americans
need to know their jobs will be around tomorrow. Regrettably, this
evening's bill doesn't have much in the way of tax relief to spur job
creation and should have gone much further.
What concerns me more is the expanded redistribution of money through
tax rebates that will, I believe, have next to zero positive effect on
our economy in the short or long term. And, unfortunately, at more than
$100 billion, it can hardly be called ``free money.'' In Congress's
hurry to act in reaction to negative economic news, we have truly
missed a golden opportunity to enact lasting, pro-growth tax relief.
Such relief would benefit all Americans, create new jobs, and drive
economic prosperity.
I support tonight's legislation, but I believe we can and must do
more as a Congress to foster economic growth.
Mr. RANGEL. Madam Speaker, I would like to yield to the gentleman
from Indiana (Mr. Donnelly) for 2 minutes, who last week introduced
H.R. 5172 to assure that 127 million Americans, senior Americans,
receive this relief.
Mr. DONNELLY. I thank the chairman for yielding.
Madam Speaker, I rise tonight to commend the House and the Senate for
working together to put together this economic stimulus package and to
do it so quickly. This bipartisan package will spark our economy by
providing millions of working families, including seniors and disabled
veterans, with targeted tax relief.
[[Page 1768]]
I am especially proud that this broad-based package also includes
language from my bill, H.R. 5172, the Immediate Financial Assistance
for America's Seniors Act. This provision ensures that nearly 20
million low-income seniors, many who rely heavily on Social Security,
will receive much-needed tax relief. These retired seniors have worked
hard all of their lives. They have paid taxes and they deserve this
support.
Again, I commend the House and Senate for all this work.
Mr. McCRERY. Madam Speaker, I yield 2 minutes to the distinguished
gentlewoman from Illinois (Mrs. Biggert).
Mrs. BIGGERT. I thank the gentleman for yielding.
Madam Speaker, I rise in support of this bill, which will boost
economic activity and help strengthen the American housing market. I am
pleased that the House and Senate leaders from both sides of the aisle
have been able to reach agreement on a well-balanced compromise. I also
applaud our colleagues in the Senate for resisting pressure from those
who would delay this package with inappropriate changes and unnecessary
spending.
Hardworking Americans are finding it more and more difficult to
provide for their families, and this bill will help to relieve some of
the financial strain. And because it is a clean and targeted package,
this bill will provide the greater economy with a much-needed jolt of
consumer activity.
As a member of the Financial Services Committee, I especially
appreciate that the Senate preserved the House-passed provisions to
increase conforming loan limits for the FHA- and GSE-backed home
mortgages. This is a critical change that will help invigorate the
housing market and enable prospective homeowners in higher priced
markets like Chicago to take advantage of these prime mortgage
products.
I think this bill is a testimony of what can be accomplished in
Washington when Congress and the administration set aside the partisan
rhetoric and work together.
And I want to urge my colleagues to turn next to comprehensive FHA
reform. I think it's great that Chairman Frank has committed to Ranking
Member Bachus that we will be working on the FHA reform. So we took the
first steps today by increasing the conforming loan limits, but to
truly restore the housing sector, we need to give more consumers an
alternative to subprime and predatory products. The FHA can provide
that alternative but not until the House and Senate conference their
respective FHA reform bills. So by sending this legislation to the
President, we can help hundreds of thousands of families facing
foreclosure qualify for prime rate refinancing so they can keep their
homes.
Again, I applaud the bill before us as a truly good step toward
restoring vigorous economic growth, and I look forward to working with
my colleagues on legislation to address our long-term economic
challenges.
Mr. RANGEL. Madam Speaker, I would like to yield 1 minute to the
gentleman from Minnesota (Mr. Walz).
Mr. WALZ of Minnesota. Thank you, Mr. Chairman and ranking member. I
thank you for your pragmatism. I thank you for your vision and your
willingness to get this done, understanding that the situation in our
economy is one, as I heard Speaker Pelosi say, where most Americans
knew far before we did that this was trouble.
Madam Speaker, I keep hearing people say that the economy was fine.
Saying it doesn't make it so. We know that in the last 7 years, the
policies we have seen have created the lowest job growth since the
Great Depression. We have seen real wages drop by $2,500.
The American people needed something, and this is a good bipartisan
piece of legislation, bringing them together to try to address those
facts that they understood long before we did. And I think it sets the
stage and shows the American public we can get along, we can move
things, and we can make a positive difference. And this is a great
first step.
With that, I urge my colleagues to support this good, timely piece of
legislation.
Mr. McCRERY. Madam Speaker, I reserve the balance of my time.
Mr. RANGEL. Madam Speaker, I yield to the distinguished gentleman
from Georgia (Mr. Scott) for 1 minute.
Mr. SCOTT of Georgia. Madam Speaker, it is indeed a pleasure to stand
before the House and to thank the distinguished chairman of our Ways
and Means Committee for doing a yeoman's job on a very difficult issue,
in bringing both parties together, in bringing both Chambers together,
and responding in a timely way to help the American people who are
struggling to make ends meet.
There are some who say we're not in a recession, but I can tell you
this from my constituency and others all across this country, a
recession is upon us. And in some areas with high unemployment, it
borders on a depression.
So this is much needed. It comes in a timely manner. We are putting
money into the hands of those who will spend it the quickest, and that
means the moderate and lower income individuals. And at the same time,
I am proud as a member of the Financial Services Committee to have
played a small role in helping this move forward, especially in
expanding the limits of Fannie Mae and Freddie Mac and our FHA loan
extensions.
{time} 1915
Madam Speaker, I thank again the gentleman from New York.
Mr. McCRERY. Madam Speaker, it is a pleasure to recognize for closing
on our side the distinguished minority leader, the gentleman from Ohio
(Mr. Boehner), who clearly was instrumental in getting this product
developed through the floor and through the process. He has been lauded
by a number of our colleagues here tonight, and rightfully so. So I am
very pleased at this time to yield the balance of my time to Mr.
Boehner.
Mr. BOEHNER. Madam Speaker, let me thank my colleague for his very
nice words and thank my colleagues on both sides of the aisle who have
worked diligently to get this bill passed.
This economic growth package is an important victory for middle-class
American families and small businesses. With the rising costs of
energy, health care, college, housing and taxes, we put a real strain
on the family budget. But the American people want us to work together
to provide solutions to these problems. And I think this bill begins to
move us in the right direction.
The bipartisan measure will help our economy get moving in the
quickest and most effective way possible. It puts money back in the
hands of middle-class American families. It will give businesses
incentives to create new jobs and help grow our economy. And I think
the package we have before us also clearly is a genuine compromise.
Republicans gave a little, Democrats gave a little, the House gave a
little, and the Senate gave a little. But perhaps most importantly, it
is simple and it is straightforward. And it does not increase taxes or
increase unrelated spending. In other words, it will empower
individuals, not the Federal Government, to help grow our economy.
With this short-term growth package behind us, I think it is now
critical that we focus on the longer term economic future of our
country. I think that raising taxes in this environment would be the
worst thing that we could do. I think that we need to begin to focus on
how we make the tax cuts that we put in place earlier this year,
earlier this decade, how we make them permanent. What do we do about
the corporate tax rate that is driving American businesses out of the
U.S.? We need to have a corporate tax rate that helps keep American
businesses here. There is one thing that we really can do to help
ourselves, and that is really to put our arms around spending,
especially wasteful spending, and put a stop to it. We have got to get
our fiscal house in order.
Many Americans, I think correctly, believe that Washington is broken.
And I am here tonight to say that Washington does have its share of
problems. And I am hopeful that this agreement we have been able to
come to will help us on a path that shows the American people that we
understand the problems that we have here in Washington
[[Page 1769]]
and that we can, in fact, work together to solve the problems the
American people sent us here to solve.
I couldn't finish this without also saying something very nice about
our Speaker. Over the course of last year, the Speaker and I didn't
have a policy conversation. I can tell you that we have had about 25
over the last several weeks. And for the health of our institution, I
think it is good to come together and find common ground where we can.
And I am glad that we were able to find common ground on this economic
growth package, and I am hopeful that we will continue to try to find
places where we can work together to solve problems that the American
people expect us to solve.
Mr. RANGEL. Madam Speaker, I cannot think of any higher way of
expressing the hopeful bipartisanship in the House of Representatives
than expressed by my friend, Minority Leader Boehner.
General Leave
Mr. RANGEL. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 5140.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. KANJORSKI. Madam Speaker, I rise today to express my appreciation
to the House Democratic and Republican leadership and to our colleagues
in the Senate for the bipartisan effort that has produced timely,
targeted, and temporary legislation to stimulate our Nation's slowing
economy. I am also pleased that the legislation we are about to
consider ensures that our Nation's senior citizens and disabled
veterans are not left out of this worthwhile package.
Because of my concerns that the bill we considered last week did not
include low-income seniors and disabled, I led the effort in the House
to ensure that those who depend entirely on their Social Security
checks were included in the final version of this legislation. I am
very pleased that the Senate agreed and expanded the economic stimulus
package to provide these Americans with much-needed relief. I urge my
colleagues in the House to do the same.
Our Nation's seniors and disabled veterans are facing difficult
economic times. For years, these men and women have been forced to
survive on less and less as their costs continue to increase and their
incomes remain the same. These Americans need cash rebates just as much
as the individuals originally included in the stimulus package.
I am also pleased to see that the legislation we are about to vote on
includes language that would ensure that illegal immigrants do not
receive cash benefits that should only go to those who rightfully
deserve them. This language mirrors legislation that I introduced in
the House today.
Finally, the bill before us contains an important provision that I
helped to craft as the Chairman of the Subcommittee on Capital Markets.
Insurance and Government Sponsored Enterprises. This reform will
temporarily increase the conforming loan limits of Fannie Mae and
Freddie Mac to enhance the liquidity of our mortgage markets. I support
this short-term change.
Madam Speaker, once again I wish to applaud the efforts of both the
Members of the House and Senate in crafting legislation that will spur
our economy, provide rebates to those that need them most, and ensure
that those ineligible for federal benefits do not receive them.
Mr. RANGEL. Madam Speaker, I ask for an ``aye'' vote on this piece of
legislation before the House, and I yield back the balance of my time.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to the order of the House of today, the previous question is
ordered.
The question is on the motion offered by the gentleman from New York
(Mr. Rangel).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. RANGEL. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 380,
nays 34, not voting 16, as follows:
[Roll No. 42]
YEAS--380
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boustany
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carter
Castle
Castor
Chabot
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Cole (OK)
Conaway
Conyers
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
Davis, Lincoln
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Fattah
Feeney
Ferguson
Filner
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Gerlach
Giffords
Gilchrest
Gillibrand
Gonzalez
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inglis (SC)
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lucas
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pelosi
Pence
Perlmutter
Peterson (PA)
Petri
Pickering
Platts
Pomeroy
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Snyder
Solis
Souder
Space
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tauscher
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Wu
Wynn
Yarmuth
Young (AK)
Young (FL)
NAYS--34
Baird
Berry
Boyd (FL)
Broun (GA)
Burgess
Campbell (CA)
Coble
Cooper
Cubin
Deal (GA)
Duncan
Flake
Forbes
Garrett (NJ)
Gingrey
Gohmert
Goode
Hunter
Kingston
Linder
Lungren, Daniel E.
Moran (KS)
Paul
Peterson (MN)
Poe
Price (GA)
Rohrabacher
Royce
Sensenbrenner
Shadegg
Simpson
Tancredo
Taylor
Westmoreland
[[Page 1770]]
NOT VOTING--16
Boucher
Cramer
Davis, Tom
Everett
Farr
Fortenberry
Inslee
Lantos
Lowey
Pitts
Porter
Ruppersberger
Sanchez, Loretta
Smith (WA)
Tanner
Woolsey
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1944
Mr. HUNTER changed his vote from ``yea'' to ``nay.''
So the motion was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
APPOINTMENT OF HON. STENY H. HOYER AND HON. CHRIS VAN HOLLEN TO ACT AS
SPEAKER PRO TEMPORE TO SIGN ENROLLED BILLS AND JOINT RESOLUTIONS
THROUGH FEBRUARY 12, 2008
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
February 7, 2008.
I hereby appoint the Honorable Steny H. Hoyer and the
Honorable Chris Van Hollen to act as Speaker pro tempore to
sign enrolled bills and joint resolutions through February
12, 2008.
Nancy Pelosi,
Speaker of the House of Representatives.
The SPEAKER pro tempore. Without objection, the appointment is
approved.
There was no objection.
____________________
LEGISLATIVE PROGRAM
(Mr. BLUNT asked and was given permission to address the House for 1
minute.)
Mr. BLUNT. Madam Speaker, for the purpose of inquiring about next
week's schedule, I yield to my friend, the majority leader from
Maryland, to give us that information.
Mr. HOYER. I thank the Republican whip.
On Monday, the House will not be in session. On Tuesday, the House
will meet at 12:30 p.m. for morning hour and 2 p.m. for legislative
business with votes postponed until 6:30 p.m. On Wednesday, Thursday,
and Friday the House will meet at 10 a.m.
We will consider several bills under suspension of the rules. A list
of those bills will be announced by close of business this week.
We will consider H.R. 3521, the Public Housing Asset Management
Improvement Act of 2007. In addition, we will consider legislation
regarding the Foreign Intelligence Surveillance Act, as we expect the
Senate to act on the bill the House sent, hopefully, early next week.
Mr. BLUNT. I thank the gentleman for that information. Regarding
FISA, regarding the Foreign Intelligence Surveillance Act, I hope that
we are moving toward a long-term resolution of that. I know the Senate,
we believe, will pass a long-term bill possibly as early as tomorrow.
On the Foreign Intelligence Surveillance Act, as we hopefully move
toward a longer-term bill, we had a 6-month extension the first of
August. We did a 2-week extension last week.
I think the Senate will send over a bill that has a longer term and
includes things like liability protection for companies that cooperate
with the government under the law. I also understand that at least 21
Members of the majority have sent a letter saying they would like to
see a long-term solution dealt with next week. I wonder if my friend
has any sense of how that may go next week and, again, I am hoping that
we encourage a longer-term solution before this short-term extension
runs out.
Mr. HOYER. I appreciate the gentleman's confidence that the Senate is
going to send us a bill, short-term, medium-term or long-term duration.
We have been waiting for that for some time, obviously.
It is my understanding the Senate is going to address this bill on
Tuesday. Now, if they send it to us on Tuesday, we will see what they
have in the bill. There obviously will be little, if any, time for a
conference. My expectation is there will be a difference between the
House bill which passed here 2\1/2\ months ago and the Senate bill.
As I said on the floor, when we passed the Foreign Intelligence
Surveillance Act bill on November 15 or 16, I said at that time I was
hopeful that we would pass it, that the Senate would pass it, and that
we could have a conference in which the very important specifics of the
bill might be discussed and differences ironed out. That has not yet
occurred, unfortunately.
In addition, as I told my friend last week, we had still not gotten
access to the documents that we had asked to see to indicate what, in
fact, immunity was being asked for. Those documents, my friend and I
had an opportunity to discuss that, I don't know whether he had any
role in that, but they will now be made available as of today. As a
matter of fact, I intend to take the opportunity tomorrow, much of the
morning, perhaps even into the afternoon, to review those documents.
Some few Members have had that opportunity already, but very few. So we
have been very late and compressed in the schedule of dealing fully
with what is the thorniest issue on the Foreign Intelligence
Surveillance Act bill, and that is the granting of immunity.
I will tell my friend that, as I said, when we extended it for 15
days, when we had an agreement to do that, to give the Senate time to
act, I was hopeful they could act within that time. The problem we now
find ourselves in, if they act on Tuesday, and they send the bill to us
on Wednesday or late Tuesday night, I don't know how long their
consideration is going to take.
As you know, there is substantial controversy, as is evident by the
difficulty they have had in passing it, so I don't know exactly how
quickly they will be able to pass that bill. But as I have said on
numerous occasions, we believe, I believe, there are serious issues on
which there are obviously honest differences of opinion.
I agree with my friend, we would like to resolve this. We would like
to have it resolved so that we don't visit it monthly or every 3 months
or every 6 months. We believe, as I said before, that the current bill,
the current FISA law, if it is reverted to, will provide for all of the
intelligence surveillance that is needed by the administration.
It would require, of course, getting FISA approval, the court's
approval, which was, of course, contemplated in 1978 when it was
adopted so that with or without an extension or new legislation, we
believe the administration can pursue, as all of us want to, there is
nobody on this floor who doesn't want to make sure that we facilitate
the protection of the American public and America through the
interception of communications which may be by terrorists planning to
attack us.
But having said that, I am sure my friend appreciates, as I have said
all along, this is a serious issue, a difficult issue for many. I think
we are all agreeing on the enforcement and interception part. It is the
immunity issue that gives many concerns, and they want to look at that
carefully, and I think that's fair to do. Whether or not we will be
able to do that next week, frankly, I tell my friend, I am not sure.
Mr. BLUNT. Well, I appreciate that; I hope we can. I do think that
there is the likelihood that a very quick problem develops if you don't
have the ongoing ability that we currently have to try to intercept
communications. There is some argument even about the short-term of
that, and I think almost any expert will say that the long-term
challenge there actually becomes a short-term problem pretty quickly.
We saw how encumbered the FISA Court became when this law was not in
existence and how difficult it was. I hope that the Senate can act
quickly. We saw them act quickly today, certainly.
In fact, today is a good example of what we can do working together.
The House worked together. We sent a bill to the Senate, the House
stood firm in defense of that bill, and at the end of the day the
Senate sent a bill back pretty quickly with improved changes that the
House could agree to.
[[Page 1771]]
I would like to see us respond to a bipartisan Senate bill, and I
anticipate that would be the case with a bipartisan House vote. Even
though we had sent a bill initially over a long time, this issue has
been out there a long time. I think the documents that the leader was
talking about were available at the White House at an earlier time, but
I am glad those documents are now available in a way more easily
accessed over the next few days for our Members.
Hopefully, that resolves what the leader has just described as the
last significant outstanding issue, and that we get this done. A
significant amount of what we know about our enemies in the world is
found out today through the structure of the Foreign Intelligence
Surveillance Act, and we want to continue that.
Mr. HOYER. I agree with my friend, and that is correct, and I think
that is why all of us want to facilitate and ensure that the work of
the NSA and others can go forward. I don't know whether the gentleman
had an opportunity to either see or hear this; but I just wanted to
bring to your attention, because we do share that concern, that in
testimony this morning before the Intelligence Committee, the Director
of National Intelligence, Mike McConnell, whom we work with, said that
all current surveillance activity under the Protect America Act would
continue even after the law expires.
He went on to say, after being asked about the backlog of
surveillance, because, as you recall when we were back in August or
July of last year, there was a concern about the backlog and therefore
it couldn't get approval as quickly as might be needed. Director
McConnell informed the House Intelligence Committee that the backlog
that existed has been eliminated, saying we are caught up on everything
at this point in time.
I think we can have a confidence level. I agree with you, we want to
get this done as quickly as possible. Because I am concerned that we
not have a gap, we are trying to assure ourselves, and believe we are
assured that there will not be a down time for our intelligence service
should we not be able to reach agreement either with the Senate or with
ourselves in the time frame of next Friday.
I am hopeful that we can do that, and we will work toward that end.
Mr. BLUNT. I am hopeful of that, too. I appreciate that.
In an article from the New York Times, January 23, 2008, that the
leader was able to share a part of with me on that date, Kenneth
Wainstein, who is the Assistant Attorney General for National Security,
said in an interview, according to the Times, ``that if the August bill
was allowed to expire in 10 days,'' that was 10 days before the
expiration date, ``intelligence officials would still be able to
continue'' the word he used was ``eavesdropping on already approved
targets for another year under the law.''
I think that essentially verifies my friend's comments on that and
possibly, as you have explained it to me, the admiral's comments this
morning. But Mr. Wainstein went on to say but ``there is a risk'' that
the officials would not be able to use their broadened authority to
identify and focus on new suspects and would have to revert to the more
restrictive pre-August standards if we wanted to eavesdrop on someone.
I think we want to not revert to that if we don't have to. I believe
that the 2\1/2\ months we have waited for the Senate and now the 2
weeks that we have had in addition to that time hopefully will turn out
to be appropriate; and certainly as we have worked together this week
to get the stimulus package off the floor, this is a critical item that
I hope we can all work together next week to try to find a permanent
solution on.
Mr. HOYER. I appreciate your bringing to my attention, and we
discussed the second sentence, which you just read regarding the more
restrictive. When he refers to the more restrictive, he simply refers
to the fact that they would have to go to the FISA Court for approval
of such intercept as they want, and that would be within the, of
course, authority within 72 hours to act and then get approval after
the fact, which is why I indicated that Admiral McConnell had said that
the backlog had been eliminated.
You recall previous testimony, or comments, that one of the officials
who dealt with these in the administration indicated that, and the
court could, frankly, within minutes, give approval in many situations,
and now that the backlog has been eliminated, it is correct, it would
be more restrictive, it would have to go to the court, but that, of
course, is what was contemplated in 1978. We do not believe that that
would in any substantial way slow down the process and, therefore, not
in any way put us at risk.
Having said all of that, we still agree with you that if we can get
this done in a timely fashion that would be good.
I want to tell my friend, though, very candidly, I think there is
some sentiment that if we don't get it done that that is going to put
this side of the aisle that wants to look at this bill, after the
Senate passes it back to us, with whatever provisions they include in
it, carefully, we understand that we are going to be portrayed as
somehow undermining the security of America. We think that argument is
bogus, but we do think it may well be made.
Mr. BLUNT. Well, if I determine to make that argument, I will tell my
friend, I will make it in good faith, and we do have a difference of
opinion on this. Hopefully, the Senate will get its work done in a way
that we will have a maximum amount of time in the relatively short time
available here to look at this, and we won't have to have the argument
about how critical that change is.
I personally believe that the 1978 law was written in a way where it
was not anticipated that we would have to go to the FISA Court to
listen to people in a foreign country who were making calls or
communicating, and because of the way the law was written, it had come
to mean that by now.
{time} 2000
Mr. HOYER. I do want to make the point that I don't think we have
much difference on that issue because we agree that technology has
changed. As we all know, there is a switch here in the United States
now that the 1978 law did not anticipate. Frankly, I don't think there
is a great deal of contention. I think in a bipartisan fashion we
believe that needs to be addressed. We addressed it in our bill and the
Senate addressed it in their bill. Frankly, I don't think that is one
of the items in contention.
In fact, I would suggest to my friend we could deal with the immunity
issue, which looks back not at present capacity nor future capacity,
and resolve that issue in a separate bill if that was the concern about
going forward. I think that could be done relatively quickly.
My only point to the gentleman is I agree with you, technology has
changed. I think there is bipartisan agreement we need to address that
and facilitate the foreign-to-foreign intercept with a blanket approval
simply related to process, and I think we could do that relatively
easily because I don't think that is particularly contentious between
us.
Mr. BLUNT. I appreciate that, and we will see where we are next week,
and I look forward to the review that you and I will both have a chance
to make of those documents.
You didn't mention it, but I heard there is a possibility we may take
up an energy-related tax bill next week, something similar to the
energy-related tax provisions that we had in the first year of this
Congress in December of last year. I wonder if there is any information
you can give me on that topic.
Mr. HOYER. There is a possibility we will be considering an energy
bill much like some of the provisions that were included in H.R. 6 in
the 6 for '06 package that we passed in the first 100 hours, and other
portions of which were included in the energy bill that did not make it
through.
I don't have specifics on that at this point in time, but that is
being discussed and that is a possibility and he is correct.
[[Page 1772]]
Mr. BLUNT. So the schedule for next week is Tuesday through Friday,
and we are looking at the items we discussed plus the possibility of
other work that might come from the Senate.
I yield.
Mr. HOYER. I thank the gentleman for yielding.
Obviously Friday is on the schedule. I expect we will be here on
Friday. We have some other legislation on the suspension calendar. I
don't know how extensive that will be.
Clearly we have been talking about FISA. FISA authorization ends on
Friday. Again, we have a difference in perception of the consequences
of that; but nevertheless, we have scheduled Friday so we are available
depending on what the Senate does and depending on whether we can get
to some agreement to ensure our presence to act on that, if possible.
Mr. BLUNT. I thank the gentleman for that information.
____________________
DISPENSING WITH CALENDAR WEDNESDAY BUSINESS ON WEDNESDAY NEXT
Mr. HOYER. Mr. Speaker, I ask unanimous consent that the business in
order under the Calendar Wednesday rule be dispensed with on Wednesday
next.
The SPEAKER pro tempore (Mr. Sestak). Is there objection to the
request of the gentleman from Maryland?
There was no objection.
____________________
HOUR OF MEETING ON TOMORROW
Mr. HOYER. Mr. Speaker, I ask unanimous consent that when the House
adjourns today, it adjourn to meet at 10:30 a.m. tomorrow, and further,
when the House adjourns on that day, it adjourn to meet at 12:30 p.m.
on Tuesday, February 12, for morning-hour debate.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
____________________
COMMUNICATION FROM THE CLERK OF THE HOUSE
The SPEAKER pro tempore (Mr. Space) laid before the House the
following communication from the Clerk of the House of Representatives:
House of Representatives,
Washington, DC, February 6, 2008.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
Clause 2(h) of Rule II of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on February 6, 2008, at 9:35
a.m.:
That the Senate passed S. 2457.
With best wishes, I am,
Sincerely,
Lorraine C. Miller,
Clerk of the House.
____________________
COMMUNICATION FROM THE CLERK OF THE HOUSE
The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:
House of Representatives,
Washington, DC, February 5, 2008.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
Clause 2(h) of Rule II of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on February 5, 2008, at 1:00
p.m.:
That the Senate passed with an amendment; requests a
conference with the House and appoints conferees H.R. 2419.
With best wishes, I am,
Sincerely,
Lorraine C. Miller,
Clerk of the House.
____________________
HONORING OFFICER CHRISTOPHER RIDLEY
(Mr. ENGEL asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. ENGEL. Mr. Speaker, nearly 2 weeks ago Officer Christopher
Ridley, age 23, of the Mount Vernon New York Police Department saw a
street scuffle outside a county social services building in White
Plains, New York. While off duty and in plain clothes, he drew his
service weapon and attempted to break up the fight.
Unfortunately, officers from the Westchester County police also came
upon the scuffle and tragically and mistakenly fired on Officer Ridley,
who was killed.
Last week I attended the wake and funeral of Officer Ridley in the
City of Mount Vernon, which is in my congressional district. Hundreds
of local residents, police, and others from throughout the area turned
out to pay their final respects. My heart goes out to Officer Ridley
and his family by this terrible tragedy. One of our finest was struck
down at a very young age, which is around the age of two of my
children.
The investigation into the shooting has begun, but the life of a
brave 23-year-old is already taken. I ask my colleagues to remember
Officer Ridley, who was posthumously promoted to detective, and also
remember so many others for the brave sacrifice they make each and
every day protecting us and our communities.
We must always remember those in law enforcement for the difficult
job they are called to do each and every day.
May Detective Ridley always be remembered for his brave commitment to
maintaining the peace and keeping us safe.
____________________
RECOGNIZING PERIANESTHESIA NURSE AWARENESS WEEK
(Ms. FOXX asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Ms. FOXX. Mr. Speaker, I rise today to praise and recognize the
efforts of the Nation's more than 57,000 perianesthesia nurses. This
week is PeriAnesthesia Nurse Awareness Week, a week that is dedicated
each year to celebrating the important work that perianesthesia nurses
do.
America's perianesthesia nurses practice in all phases of
preanesthesia and postanesthesia care, ambulatory surgery, pain
management, and special procedure areas.
The theme of this year's awareness week is ``Advocacy.'' The American
Society of PeriAnesthesia Nurses has designated advocacy as this year's
theme in recognition of how the depth and breadth of perianesthesia
nursing meets the varied health care needs of the American population
in a broad range of nursing environments.
The American Society of PeriAnesthesia Nurses, which represents the
perianesthesia nurses of this country, strives to advance nursing
practice through education, research, and standards. The important work
of perianesthesia nurses is best exemplified by their commitment to
quality health care and the safety of patients in both hospital and
ambulatory surgery settings.
Our Nation's demand for perianesthesia nurses will increase in the
coming years as the American population ages, as we make new advances
in medicine that prolong life, and as we continue to witness the
meteoric expansion of home health care services. Perianesthesia nurses
play a vital role in the operation and success of our Nation's health
care system.
I ask my colleagues and my fellow Americans to join me in honoring
the perianesthesia nurses who care so unselfishly and professionally
for us all. The work they do happens every day all year round, and I
hope they receive our appreciation on more than just this special week
in their honor.
____________________
SPECIAL ORDERS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, and under a previous order of the House, the
following Members will be recognized for 5 minutes each.
[[Page 1773]]
____________________
BUSH BUDGET ZEROES SCAAP FUNDING
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Arizona (Ms. Giffords) is recognized for 5 minutes.
Ms. GIFFORDS. Mr. Speaker, tonight I would like to take a few minutes
for folks here in Washington to focus on southern Arizona. There, along
114 miles of border in my district, Federal, State, county, and local
law enforcement are on the front lines defending our border.
Arizona faces unimaginable immigration and border security
challenges. Last year, over 387,000 illegal immigrants were apprehended
in Arizona, and an average of 1,000 illegal immigrants per day were
arrested and deported from Tucson.
The Tucson sector, which includes my district, is the most porous
section along the 2,000-mile U.S.-Mexico border. More than 48 percent
of the Nation's drug traffic enters our country through southern
Arizona.
This Monday, the President released his fiscal year 2009 budget
proposal, and once again his budget failed to include any funding for
the State Criminal Alien Assistance Program, also known as SCAAP.
The President refuses to recognize the importance of SCAAP funds.
Without this funding, States and localities will be financially
overwhelmed by costs that are the Federal Government's sole
responsibility.
Securing our Nation's borders is this government's priority, in my
opinion. However, communities through southern Arizona and the Nation
face extraordinary costs that are unfortunately being carried by them
for incarcerating undocumented immigrants.
Because of limited Federal contributions, the bulk of these costs are
being borne by some very small counties. Some of these counties are
also some of the poorest in the Nation. They are currently already
operating under very slim budgets and staffing. This is why it is so
important and so appropriate that the Federal funding be included.
SCAAP was created by the Violent Crime Control and Law Enforcement
Act of 1994. It is designed to reimburse States and local
municipalities for the arrest, incarceration, and transportation costs
associated with illegal immigrants who commit crimes in our
communities.
Under Federal law, the Federal Government has two options. It can
either take undocumented criminals into Federal custody or it can
compensate State and local jurisdictions.
We are facing an immigration crisis here in Arizona. We are
underfunding SCAAP, and the President is continuing to overburden our
State and local governments. He is hampering the State's ability to
protect our communities and uphold our laws.
SCAAP funding is particularly important to communities like Bisbee
and Douglas and Sierra Vista, those communities along the 2,000 miles
of our southern borders, those States and local governments that incur
greater costs than other jurisdictions.
Over the past several years, these communities have exceeded SCAAP
reimbursement funding by hundreds of millions of dollars. In fact, most
counties along the U.S.-Mexico border are currently being reimbursed
less than 9 percent of their cost.
Just today, Mr. Speaker, in our Western Hemisphere Subcommittee of
the House Foreign Affairs Committee, I heard from a number of Federal
agencies about the President's Merida Initiative.
I believe it is unacceptable that the President would refuse to
reimburse our local law enforcement agencies, while asking Congress to
spend $1.44 billion in assistance to Mexico and Central America. We
need to invest our dollars in local law enforcement before we spend
billions of dollars across the border. We have to prioritize the safety
of our American communities first. We have to take the appropriate
steps to ensure that SCAAP funding is in place, especially to border
States like Arizona, and that it remains a Federal priority.
I urge my colleagues, on both sides of the aisle to reject the
President's cuts to SCAAP funding. Arizona, like many States, is
currently facing a budget shortfall. Every dollar reduction in SCAAP
reimbursement means a dollar less in Arizona or another State that they
can spend on essential public safety services. So please join me in
supporting our State and local law enforcement agencies by adequately
funding the SCAAP program in the House fiscal year 2009 budget.
____________________
{time} 2015
SUNSET MEMORIAL
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Arizona (Mr. Franks) is recognized for 5 minutes.
Mr. FRANKS of Arizona. Mr. Speaker, it is February 7, 2008, in the
land of the free and the home of the brave; and before the sun set
today in America, almost 4,000 more defenseless, unborn children were
killed by abortion on demand, and that's just today. That is more than
the number of innocent American lives that we lost on September 11,
only it happens every day.
It has now been exactly 12,799 days since the tragic judicial fiat
called Roe v. Wade was handed down. Since then the very foundation of
this Nation has been stained by the blood of almost 50 million of our
own children. And all of them, Mr. Speaker, had at least four things in
common.
First, they were each just little babies who had done nothing wrong
to anyone. Each one of them died a nameless and lonely death. And each
of their mothers, whether she realizes it or not, will never be quite
the same. And all the gifts these children might have brought to this
humanity are now lost forever.
Yet, even in the full glare of such tragedy, Mr. Speaker, this
generation clings to blindness and invincible ignorance while history
repeats itself, and our own silent genocide mercilessly annihilates the
most helpless of all victims to date, those yet unborn.
Mr. Speaker, perhaps it's important for us in this Chamber to remind
ourselves again of why we are really all here. Thomas Jefferson said:
``The care of human life and its happiness and not its destruction is
the only object of good government.''
Mr. Speaker, protecting the lives of our innocent citizens and their
constitutional rights is why we are all still here. It is our sworn
oath. The phrase in the 14th amendment capsulizes our entire
Constitution. It says: ``No state shall deprive any person of life,
liberty or property without due process of law.''
The bedrock foundation of this Republic is the declaration, not the
casual notion, but the declaration of the self-evident truth that all
human beings are created equal and endowed by their Creator with the
unalienable rights of life, liberty, and the pursuit of happiness.
Every conflict or battle our Nation has ever faced can be traced to our
commitment to this core, self-evident truth. It has made us the beacon
of hope for the entire world. It is who we are.
And yet, Mr. Speaker, another day has passed, and we, in this body,
have failed again to honor that commitment. We've failed our sworn oath
and our God-given responsibility as we broke faith with nearly 4,000
more innocent American babies who died without the protection that we
should have given them.
But perhaps tonight, Mr. Speaker, maybe someone new who's heard this
sunset memorial will finally realize that abortion really does kill a
baby, that it hurts mothers in ways that we can never express, and that
12,799 days spent killing nearly 50 million unborn children in America
is enough, and that this Nation is great enough to find a better way
than abortion on demand.
So, tonight, Mr. Speaker, may we each remind ourselves that our own
days in this sunshine of life are numbered, and that all too soon, each
of us will walk from these Chambers for the very last time. And if it
should be that this Congress is allowed to convene on yet another day
to come, may that be the day when we finally hear the cries of the
unborn children in this country. May that be the day when we find the
[[Page 1774]]
humanity, the courage, and the will to embrace together our human and
our constitutional duty to protect the least of these, our tiny
American brothers and sisters, from this murderous scourge upon our
Nation called abortion on demand.
Mr. Speaker, it is February 7, 2008, 12,799 days since Roe v. Wade
first stained the very foundation of this Nation with the blood of its
own children, this in the land of the free and the home of the brave.
____________________
HONORING THE LIFE OF CHIEF PETTY OFFICER NATHAN H. HARDY
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from New Hampshire (Ms. Shea-Porter) is recognized for 5
minutes.
Ms. SHEA-PORTER. Mr. Speaker, I rise today to honor the life and
sacrifice of a patriot, Chief Petty Officer Nathan H. Hardy of Durham,
New Hampshire, who was killed in action on Monday, February 4, while
serving with the Navy SEALs in Iraq. Nate died doing what he loved. He
loved our great country, and his life serves as an example to my State
of New Hampshire and to our country.
We also honor the bravery and sacrifice of Chief Petty Officer
Michael E. Koch of State College, Pennsylvania, who was killed
alongside Nate in Iraq on Monday. They were brothers in arms and will
not be forgotten.
After graduating from Oyster River High School in Durham, New
Hampshire, Nate enlisted in the Navy on November 4, 1997, with the
ambition to become a Navy SEAL. He graduated from boot camp at Recruit
Training Command in Great Lakes, Illinois, in January 1998 and in the
same month entered Basic Underwater Demolition SEAL training in
Coronado, California, Class 221.
Nate was a stellar SEAL, and he lived the life of a SEAL each day.
His military awards and decorations include the Bronze Star, two Navy
and Marine Corps Achievement Medals, three Good Conduct Medals, two
National Defense Medals, Armed Forces Expeditionary Medal, Afghanistan
Campaign Medal, Iraq Campaign Medal, Kosovo Campaign Medal, Global War
on Terrorism Expeditionary Medal, Global War on Terrorism Service
Medal, three Sea Service Deployment Awards, NATO Medal, the Expert
Rifle Medal, and the Sharpshooter Pistol Medal.
Beyond being a remarkable SEAL, Nate was a loving husband, a happy
new father, a dedicated son, a loyal friend, and a role model to many
in New Hampshire and across the country. Nate embodied the ethic of
Cincinnatus who, when called upon to serve and defend Rome, gave all of
his effort and determination; but when conflict ended, he returned home
to enjoy his family and friends. He did not glorify himself as a hero,
because true heroes do no such thing. He was as humble as he was brave.
Like Nate, I graduated from Oyster River High School in Durham. Ours
is a close-knit community and Nate and his family have played an
integral role in its unique camaraderie. I've spoken to many of his
friends, and it's clear they will always miss him, but each will carry
a piece of him forever. Because he had a passion for so many varied
interests, including sports, art, books and music, Nate touched people
in different ways. Each one of his circles of friends has a unique
perspective on Nate that they call their own because of his eclectic
interests. All of them, though, will always feel his love, celebrate
his life, and remember his great passion for living.
In addition to his friends, Nate leaves behind his brother, Ben; his
mother, Donna, an administrative assistant at the University of New
Hampshire; his father, Steve, a professor at UNH; his wife, Mindi; and
7-month-old son, Parker. The community was called upon to support the
Hardy family when their eldest son, Josh, died after waging a long
battle against cancer in 1993. The Hardys showed courage at that time,
and Durham rallied to their support. The community is ready to support
them again at this time, united by the memories of this remarkable
young man.
Mindi and Parker are especially in our hearts at this time and will
always be, even after the immediate pain recedes.
Down the street from this hallowed floor is the Department of
Veterans Affairs. On its side stand President Lincoln's words: ``To
care for him who shall have borne the battle, and for his widow and his
orphan.''
Our patriot, Nate, bore the battle and the people who cared so deeply
about Nate will now care for Mindi and Parker. Friends and family will
share stories with his wife and son, stories that they will carry in
their hearts forever. Parker will know not only that his father was
brave, but that his father was a good man, a man of character and
conviction.
Nate Hardy enriched our New Hampshire and our country. We were
blessed to have him, even for such a short while. May he rest in peace,
and may his family find comfort in knowing that he was loved and
respected by all.
____________________
30-SOMETHING WORKING GROUP
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentlewoman from Florida (Ms. Wasserman Schultz)
is recognized for 60 minutes as the designee of the majority leader.
Ms. WASSERMAN SCHULTZ. Mr. Speaker and Members, colleagues, I am
pleased to open this hour for the 30-Something Working Group, look
forward to my fellow colleagues joining me as we progress through the
hour.
We come to the floor tonight to talk about a variety of important
issues. We are proud and pleased that we sent an economic stimulus
package that was developed in a bipartisan fashion, in a bipartisan
spirit, this evening to the President of the United States. It was a
process that was long negotiated and hard fought, but we were able to
make sure that we focused on the priorities of the American people
during a difficult time economically.
The focus of this economic stimulus package was threefold, and they
all begin with ``t.'' First, an economic stimulus package that we
passed had to be ``temporary.'' We have to make sure that we can get a
temporary infusion of cash into the hands of the middle class and
people who will spend that money, and make sure that we can stimulate
the economy.
It has to be ``targeted.'' It has to make sure that we were getting
it into the hands of people who were actually going to spend that
money, not people that were going to invest it, not people that
necessarily were going to just pay off bills or sit on the money, but
people who were going to use it to spend on items that they needed and
get that infusion of cash into the economy so that we can have a short-
term stimulus.
And, finally, the third ``t'' in the three-legged stool is that it
had to be ``timely.'' We had to do it soon and quickly because in order
to either stave off a recession, or address the one that we're in,
depending on which side of the debate you're on, on whether we're in a
recession or headed towards one, we needed to make sure that we did
this in a timely fashion and made sure that we can get that cash into
people's hands over the next couple of months. And now we look forward
to that happening.
Let me walk Members and others through the process that we went
through. This was truly a bipartisan effort. It continued the
bipartisan spirit that Speaker Pelosi and our majority leadership have
been making an effort at extending our hand across the aisle since
taking over the majority a little over 1 year ago.
In December of last year, the House, under the leadership of Speaker
Pelosi, held a House Democratic Economic Forum to talk about the dire
straits that the economy was facing to really hear about what issues
Americans were struggling with and to begin to figure out what we could
do on a short-term as well as a long-term basis.
{time} 2030
After the beginning of December, we had ongoing discussions between
the
[[Page 1775]]
House leaders and the administration through Treasury Secretary
Paulson. There were intense and heavy discussions because everyone knew
that something needed to be done. The devil is always obviously in the
details.
But we came together, the administration as well as the Republican
and Democratic leadership of the House of Representatives, we came
together and came up with a bipartisan solution.
There was a Democratic leadership letter to President Bush that was
sent on January 11 urging the President to work with us and make sure
that we could pass an economic stimulus package that was timely and
targeted and that we made sure that it got money into the hands of
people who would spend it.
We saw that Pelosi had a meeting with the Federal Reserve Chairman
Ben Bernanke, and he testified in the House of Representatives on
January 14 and thereafter, and the message that he sent was that an
economic stimulus package was essential and would be helpful in order
to deal with the issues that the economy is struggling with.
After that, we had a meeting between Speaker Pelosi and Leader
Boehner, and they were able to reach an agreement and move in the
direction until we finally reached today where we are able to pass the
economic stimulus package, send it to the President, and over the next
couple of months, I believe the timing is around May of this year, we
will see that those funds get into the hands of people who need it the
most.
One of the most exciting things about this package is that it is not
going to go to the wealthiest few. It is not going to go to people who
are just going to put it into the stock market or sit on it or just pay
off bills or use it to pad fat bank accounts. We were able to
successfully negotiate that the people who received this economic
stimulus, these economic stimulus funds, we were able to stretch it all
the way down to people who earn only $3,000. I mean, that is a category
of person who truly fits the definition of needing the economic
assistance. People who will be able to use those funds to make sure
that they can address their everyday needs and spend those dollars so
that we can put it an injection of cash into the economy and begin to
revitalize it.
We made sure that we also provided some assistance for people who are
struggling with housing issues and with mortgage issues by making sure
that the FHA has a wider ceiling of mortgages in which they can provide
loans to people. We have raised the cap to up over $700,000,
recognizing that the range of the cost of housing is wide across the
country.
It's good to see Mr. Altmire, and I'm glad you have joined us
tonight. I know that the average price of a house in my district, in my
community right now is over $300,000, which, obviously, without an
economic stimulus package raising that cap would make it difficult for
someone to qualify under the FHA's criteria. But we were able to make
sure that we raised that cap for 1 year so that we could address in a
short-term way the third T, which was ``temporary,'' in a short-term
way address the economic problems that people are struggling with right
now.
And we have continued the bipartisan tradition through the economic
stimulus package because last year, when we began and took over the
majority, we adopted the 6 in '06 agenda.
In the first 100 hours of our taking over the majority of the House
of Representatives, the Democratic Congress acted on issues important
to Americans, and the Republicans on the other side of the aisle joined
with us in a bipartisan fashion.
Mr. Murphy has joined us as well.
Let's walk through some of the bipartisan cooperation that we've had
over the last years because there is a lot of words thrown around about
how this is an institution that is being run by Democrats and that
there is not bipartisan cooperation. Let us just show where the proof
is in the pudding here.
We implemented the 9/11 Commission's recommendations which, in
previous years, this was a report that was sitting on the shelf
gathering dust with the Republicans refusing to put that on the floor
and adopt up that legislation. We put it on the floor. It passed 299-
128 with 68 Republican votes.
We had an average of over 60 votes for every one of these bills.
Raising the minimum wage, H.R. 2. It passed 315-116 with 82 Republican
votes.
The funding for enhanced stem cell research, which unfortunately
President Bush saw fit to veto. That was H.R. 3. it passed 253-174 with
37 Republican votes.
We passed legislation to make prescription drugs more affordable, so
that we could allow the Federal Government to negotiate for lower drug
prices with the pharmaceutical industry which, by the way, is currently
prohibited in Federal law. We passed that legislation with 255-170 with
24 Republican votes. And the list goes on.
Cutting student loans in half. That was H.R. 5. Passed 356-71 with
124 Republican votes.
And, lastly, we passed the energy package, which was the effort that
we are making to recognize that global warming, yes, global warming,
truly is a problem and we are committed to ending our addiction to
foreign oil. Adopted the CAFE standards, the first time that we adopted
some improved CAFE standard in 30 years.
H.R. 6 passed 264-163 with 36 Republican votes. In that legislation,
the CAFE standards was legislation that was passed a few months later.
And in this bill we said that we were not going to allow $14 billion in
subsidies to be returned to the oil industry so we could make sure that
we start to address the high cost of fuel.
So we are very proud of our record, our bipartisan spirit of
cooperation, which culminated this evening and will continue, we hope,
through the rest of this election year by passing that economic
stimulus package.
I'm happy to yield to the gentleman from Pennsylvania.
Mr. ALTMIRE. Mr. Speaker, I thank the gentlewoman from Florida, and
I'm glad the chart is up today and our colleagues are able to look at
that.
Those are the six items that we identified as our top six legislative
priorities for the 110th session of Congress and starting with the very
first day, January 4, 2007. So, going back more than a year, we began
work on these projects. And as the gentlewoman pointed out, four of the
six have become law. They've been signed into law by President Bush.
All four of them passed with strong bipartisan support. The other two
that did not become law, both passed the House. In the case of stem
cell research, it passed the House twice and it passed the Senate twice
and was vetoed by the President twice. Unfortunately, we were unable to
override the veto. The Medicare prescription drugs, that failed in the
Senate. But all six of these passed the House with strong bipartisan
support. Four of them have been enacted into law.
I'm glad to hear about the stimulus package, too. That was the vote
that we cast today. And I'm very excited with the quick response that
this House and the Senate gave to the American people. We worked
together in a bipartisan way to address the problems with the economy.
Just about any economist that you talk to, bipartisan, across the
spectrum, will say that we are in great danger of slipping into a
recession if we are not already in a recession.
So coming back at the very beginning of the year, working together,
the first week back, we put together the stimulus package. We passed it
out of the House. We sent it to the Senate. They took a little bit
longer, but they got their work done, and I congratulate them for that.
They passed it today, sent it over to us. We immediately passed it out
of the House, and now we are going to send it on to the President.
And this is a stimulus package that is directly going to impact
people's lives. This is a tax rebate that is going to put money in the
hands of consumers who are going to spend it. And I know we are going
to talk in some more detail about that. I will leave that discussion
for after Mr. Murphy speaks.
But I did want to point out the issue that we are talking about is
bipartisanship. We came back from the holidays,
[[Page 1776]]
saw the need, heard from the economists, and immediately sprung into
action, put together a package in a bipartisan way. Got it done. Both
sides of this Capitol. Now we are sending it to the President.
The reason this is so important is because of some of the issues that
Ms. Wasserman Schultz was talking about. The subprime mortgage issue
that we all have heard so much about. One of the issues that people
need to think about among our colleagues is that when you think about
mortgages that are unable to be paid and foreclosures taking place with
the subprime mortgages, in many cases this is not a case of somebody
buying too much house, buying a house they can't afford, being unable
to pay their mortgage. Certainly that does happen.
The bulk of these mortgages that go bad in the foreclosures that take
place are second mortgages. There are people who are unable to pay
their bills because of rising gas prices, because of rising health care
prices, because of higher education costs. They're simply unable to
make ends meet. They take out a second mortgage to pay their daily
expenses and unfortunately get in over their heads and lose their homes
as a result.
So this stimulus package, by putting money into the hands of people
who are going to be able to use it to pay bills and stimulate the
economy and buy merchandise and hopefully get the economy kick-started
again and prevent a recession, or at least lessen the impact of a
recession if we are already in one, this is a very important piece of
legislation that both the House and the Senate passed today.
Mr. MURPHY of Connecticut. Mr. Speaker, I want to underscore how
important it is that you have seen a remarkable degree of coordination
and bipartisan cooperation in the House on the second stimulus package.
Because you and I both know as acutely as anybody in this Chamber,
because we were out there campaigning for change here in Washington,
that folks were sort of sick and tired of everything being a fight
here, everything being lined up as Republicans against Democrats,
conservatives against liberals, X against Y, A against B. That was kind
of the order of the day here during the last 12 years before the
election of 2006. Everything was going to be a partisan fight, and
there really wasn't going to be any real effort to reach across the
aisle. That's changed. You and I weren't here, but we know what the
perception was from the outside. And the perception, and I think Ms.
Wasserman Schultz will testify, that was backed up by reality.
Now, cooperation that you see on the economic stimulus package
doesn't mean that you still don't fight for what you believe in when
you have an honest-to-goodness disagreement, and we are going to talk a
little bit tonight about some fights that are about to come, some lines
in the sand that we, as Democrats, are prepared to draw with the
President and his Republican followers here in the House. But there are
so many other things that you don't need to fight about, there is
honest-to-goodness agreement on, whether it be jump-starting this
economy with an economic stimulus package, whether it be passing
reasonable restraints on the mortgage market, opening up access to
liquidity for people who want to refinance their homes, have a means to
do it but can't find anybody to give them the money and the access to
capital. Those are issues that don't have right and left divides. The
economic downturn doesn't discriminate against you whether you're a
Republican or a Democrat.
So we are passing bills here to deal with this economic slowdown with
Republicans and Democrats behind it, and that's what people want us to
do.
Now, that doesn't mean they want this Chamber to be Kumbaya on every
single issue. They sent us here to fight for what we believe and what
the American people believe in. But you don't have to default to one
position all the time or the other position all the time. You don't
have to be cooperating on everything or fighting on everything. You can
pick and choose. That's what a parent does every day. I mean, you
choose the battles that you are going to fight with your kids. As a
kid, you choose the battles you are going to fight with your parents.
There are things that you get along with them on and things you
disagree on.
This place, for a very long time, resorted to the fault of fight
about everything, never bother to reaching across the aisle, never try
to pass a package with the Republicans and Democrats. I mean, why would
you have to? If you have a majority of Republicans here, you can just
pass it with Republicans. So why reach out to Democrats? The majority
rules in the House.
That's not what the American people want. They want to see that
bipartisan partnership. They want to see bills not passing 51 percent
to 49 percent. They want to see some bills passing by a real majority.
That's what you saw with the 100 hours agenda, and that's what Ms.
Wasserman Schultz pointed out. That's what you saw with the economic
stimulus. You might not see it every time, but you are going to see it
a lot more times in this Congress.
Ms. WASSERMAN SCHULTZ. And that's the direction we are going to
continue to go in, because that line in the sand that you referred to,
we have got to draw one. And the place that we draw it is a real
commitment to making sure that we move back into a surplus situation
like we were in before this administration took us to hell in a
handbasket. I mean, let's take a look at the deterioration that our
budget has gone through over the last number of years.
We had a situation where the budget has deteriorated by $8.8 trillion
under Republican policies. In the 2001 fiscal year, we had a $5.6
trillion surplus. Literally leading into President Bush taking office,
we were in a $5.6 trillion surplus.
Now, over the time of this administration, which is approaching 7\1/
2\, almost 8 years, we have gone from a $5.6 trillion surplus to a $3.2
trillion deficit.
{time} 2045
Now, if there is anyplace that I think that this Democratic majority
will draw a line in the sand, it's here, so that we can make sure we
take our established policies and adopt a budget and a plan and a
blueprint to get us back to a surplus situation.
Mr. MURPHY of Connecticut. Will the gentlewoman yield?
Ms. WASSERMAN SCHULTZ. I would be happy to yield.
Mr. MURPHY of Connecticut. I think it serves us to point out that
this belies conventional wisdom that Democrats are the ones to draw the
line in the sand when it comes to fiscal responsibility. I mean, the
image out there, for whatever reason, for a long time was that if you
cared about deficit reduction, if you cared about drawing the line on
spending, you might vote Republican. Well, that hasn't been backed up
by facts for 12 years now. It was the Clinton administration that had
record surpluses. It was a Republican President and a Republican
Congress that racked up those enormous deficits. So now, we, as
Democrats, are the ones coming down here and saying, listen, if you
care about fiscal responsibility, this is the party that you want in
charge of your Congress. This is the line that we're going to draw in
the sand.
And it bears pointing out the sort of strange irony of that because
for a long time the conventional wisdom was the opposite. But the facts
back up the reality, which is that if you care about spending, it's the
Democrats that are going to offer to draw that line in the sand.
Ms. WASSERMAN SCHULTZ. Exactly. And let's detail some of those facts,
because the mythology that you just laid out, which is that it's
Republicans that are fiscally responsible and that it's Democrats that
cause debt, let's take the reality of the Bush administration's
responsibility and stewardship of our fiscal house over the last
several years.
This administration, under President Bush's leadership, is
responsible for the five biggest deficits in American history. Now,
there was a whole lot of talk, Mr. Altmire, as you recall over the last
year or so, from this administration about how they were going to
[[Page 1777]]
get us out of debt over the next 4 or 5 years. Right? Well, the third
highest deficit that exists is proposed in the budget document that
President Bush submitted to the Congress on Monday at $407 billion. The
only two higher deficits that were projected were last fiscal year and
in fiscal year 2004, when it was $413 billion. We're going in the wrong
direction.
Mr. ALTMIRE. I would say, Ms. Wasserman Schultz, not to interrupt,
but the President did tell us last year that he was going to reduce the
deficit, and I see here that last year we had a $410 billion deficit.
And he did, in fact, reduce it. Let's give credit where credit is due.
The deficit this year is only going to be $407 billion.
Mr. MURPHY of Connecticut. That is backing up words with actions, Mr.
Altmire.
Ms. WASSERMAN SCHULTZ. Mr. Altmire, will you yield?
Mr. ALTMIRE. I certainly will.
Ms. WASSERMAN SCHULTZ. Thank you. Because we backed out $3 billion in
deficit in a $3 trillion budget. The budget this year that he proposed
was over $3 trillion.
Mr. ALTMIRE. I'm being facetious, obviously. A $407 billion deficit
for 1 year is a very significant deficit, third highest ever submitted
behind only the budget he submitted last year and the budget from 2004.
But I really appreciate the gentlewoman giving us a little walk down
memory lane because we're in a Presidential election year this year, so
people are thinking about Presidential politics. And I like to remind
my colleagues to think back to the 2000 Presidential election, and
let's remember what the discussion was at that time. The Clinton
administration was wrapping up. We're in our fourth consecutive year of
budget surplus at that time. And as the gentlewoman pointed out with
the previous chart, those surpluses were forecast as far as the eye
could see, $5.6 trillion forecasted deficit over 10 years. So the
discussion during the Presidential election in the year 2000 between
Vice President Gore and then-Governor Bush was, what are we going to do
with all this money? This is an incredible surplus. We're awash in
money. Are we going to shore up the Social Security trust fund? Are we
going to pay down the debt? What are we going to do with this money?
Well, now it's 8 years later, and unfortunately we are not having
that discussion anymore, because instead of having had a $5.6 trillion
surplus, as the gentlewoman pointed out, we have had a $3.5 trillion
deficit over just the past 7 years. So that $5.5 trillion surplus was a
10-year projection, $3.5 trillion over 7 years. And as the gentlewoman
points out, that's almost a $9 trillion swing.
And I often ask, when we discuss the budget, if you had said to an
economist or any group of economists after the new administration took
over and they were facing this $5.5 trillion surplus, if you had said,
well, what would it take to have a $9 trillion swing to the negative in
the surplus to a deficit, just about any economist you talk to would
have said, well, that's impossible. You can't possibly mismanage the
economy to such an extent that you would have a $9 trillion swing over
just 7 years. Well, unfortunately, this current administration has done
the impossible; they have added $3.5 trillion to the national debt,
which now stands at $9.2 trillion.
Mr. MURPHY of Connecticut. Mr. Altmire, we're talking about giant
numbers here, but let me give you another point of comparison. I mean,
there are so many different ways to make this point to the American
people that we have allowed spending in this budget to spiral out of
control under Republican leadership and to hammer home the point that
the problem that the Democratic majority has inherited is one that is
going to take a long time to fix, but it is only going to be fixed by
having a truly fiscally responsible leadership here in the House in
charge.
Here is another way of putting it. I mean, this is remarkable, Mr.
Altmire. And this is a chart that Ms. Wasserman Schultz and Mr. Meek
and Mr. Ryan have shared several times, but it bears putting out here
one more time. Forty-two Presidents took 224 years to rack up about $1
trillion in foreign-owned debt, debt owned by China, European
countries, OPEC nations. 42 Presidents, 224 years, over two centuries
they took to get $1 trillion in debt held by foreign countries. This
President, one President, has now, this number isn't even accurate
anymore, has now racked up $1.33 trillion in foreign-held debt. One
President in about 7 years has racked up more debt than 42 Presidents
in 224 years.
Ms. WASSERMAN SCHULTZ. Will the gentleman yield for a second?
Mr. MURPHY of Connecticut. Absolutely.
Ms. WASSERMAN SCHULTZ. Put the chart back up because I think it's
important to note that when we began using this chart, it was actually
at $1.03 trillion and the bar was a little bit lower. Now, here on this
chart it's 1.19, and it's really $1.33 trillion in foreign debt. The
bar is up to the President's chin. It's actually, the 1.33 I think is
up to his lips. He's about to drown in the debt right here on this
chart. So we really need to make sure, I mean, there are deficits and
there is debt, both are significant, both are important, and both
really hamper our long-term security.
When we talk about the need for homeland security, economic security
for Americans is equally as important. If we can't rely on our
government and our leadership in the government to make sure that we
make responsible fiscal decisions like we did when we reinstituted the
PAYGO rules, when we made sure that the bills that we pass here are
paid for and that we, going forward, aren't going to cause more debt
and more deficits and saddle that burden of debt on future generations,
that's what fiscal responsibility is all about; that's what financial
security is about.
Every single day Americans have to make sure that they don't spend
more money than they take in, and we have families across the country
who make sacrifices in order to be able to do that. They know they're
in trouble if they go in the opposite direction. This administration
has spent like drunken sailors and really, to be honest with you,
treated the resources that we have like it's Monopoly money, like it's
not real, like it grows on trees. I mean, I guess once you get into the
trillions, Mr. Murphy, that's a hard concept to grasp, $3 trillion.
Mr. MURPHY of Connecticut. Well, it's not that hard, Ms. Wasserman
Schultz, maybe to grasp over 224 years, but it's hard to grasp how you
do $1.3 trillion in foreign borrowing in just 6 years. And I'll be
honest, I can't name every guy here, but I bet you there are some
pretty wild spenders in that group, and I bet you there were some real
deficit lovers somewhere buried in that group of Presidents. And still,
all of them together, $1.01 trillion, this one President.
Remember, a President alone can't do this, Ms. Wasserman Schultz; you
have to have a Congress that's willing to back you up on this kind of
deficit spending. And he had it, but he only had it for 6 of his 8
years. I mean, that's the difference. He had a Congress that's willing
to spend that kind of money, that's willing to rack up those kinds of
deficits for 6 of his 8 years. For the last two, he doesn't get that
deal. For the last 2 years of his Presidency, he gets a fiscally
responsible Democratic Congress that for the first time in 8 years is
going to push back. It might not be successful every time, but we're
going to push back for the first time in a long time.
Mr. ALTMIRE. Mr. Murphy, I would like to direct a question to our
colleague from Florida (Ms. Wasserman Schultz). She has been here for
two terms now, we've been here for one, so I'm going to ask her a
question. Maybe she can enlighten us and anyone else that may be
listening.
What are the nations that we're talking about here when we're talking
about foreign-held debt? What are some of the countries that we are
lending this money to?
Ms. WASSERMAN SCHULTZ. I'm glad you asked that question, Mr. Altmire,
because some of these concepts are hard to grasp. I know they're
[[Page 1778]]
hard for me to get my mind around sometimes. Like I said, $3 trillion,
which is the budget that this President proposed this year, and $407
billion in deficit. On top of that, a $1.33 billion foreign debt; that
is money that we owe to foreign governments.
Let's look at just who it is that we owe this money to: $644.3
billion of that is owed to Japan. China, almost $250 billion, China,
through 11/05. And then China now, $350 billion. Great Britain and the
U.K., $240 billion. The Caribbean, right nearby, our neighbors very
close by, we owe $68 billion to them; $63 billion to Taiwan. The OPEC
nations, where we're trying to move in the direction of weaning
ourselves off our dependence on foreign oil, the nice words that the
President put in his State of the Union a couple of years ago that we
all heard, well, $100 billion of our debt is owed to the OPEC nations.
$70 billion to Korea, $53.9 billion to Hong Kong, and $52.5 billion to
Germany.
So we have a lot of our debt spread all over the world. And we're
supposed to be the strongest and most vibrant Nation in the entire
world, and we have a lot of hands all over us world-wide. And it is not
a good situation to be in. It's a tenuous situation to be in, and it's
fiscally irresponsible. And we've got to make sure, and we're committed
as Democrats under the leadership of Speaker Pelosi, to move us in the
right direction and get us out of that debt.
Mr. MURPHY of Connecticut. And Ms. Wasserman Schultz, we're also
committed as 30-somethings. I mean, the reason why this group for 3
years, and before that, before you were here, when Mr. Meek and Mr.
Ryan were down here, talk about this debt that we owe to foreign
countries, talk about the deficit night after night, I mean, people may
wonder, why are these guys and why is Ms. Wasserman Schultz down here
talking night after night about the debt? Well, we're the 30-Something
Working Group. We're here, in part, to represent the concerns of some
of the younger voters in this country. And we need people to
understand, we need our 30-something brethren and our 20-something
brethren and even kids in high school to understand----
Ms. WASSERMAN SCHULTZ. And sisterhood.
Mr. MURPHY of Connecticut. That's right, that this is going to be
their problem, that these loans that we've taken out from China and
from the Caribbean and from OPEC nations, they're going to want that
money back. And they're going to want that money back 10 years from
now, 20 years from now when folks who are now in their teens and their
20s and 30s are in their prime earning years. Just when they need to be
mustering the money to send their kids to college, they are going to be
paying exorbitant taxes to the Federal Government because we're going
to have to start paying back that debt.
So this is an issue that the 30-Something Working Group talks about a
lot because the problem is today, but even more gravely, the problem is
in 20 or 30 years. And it's our obligation to be making policy not just
for next week, but for the next decade.
Mr. ALTMIRE. And I know that the gentlewoman is going to talk about
this next issue, and Mr. Murphy and I talked last night at great length
about the fact that the second largest line item on the budget that the
President submitted to us on Monday, the second largest line item in a
$3.1 trillion budget that is literally a foot thick page by page is
interest on the national debt. The Pentagon budget is first, and
interest on the debt is second. I believe the gentlewoman has a chart
showing it's approximately $240 billion, just interest, on the national
debt.
So when you think about that $407 billion deficit for 1 year that the
President submitted to us, more than half of that is due solely to
interest on the debt that he has accumulated over the last 7 years.
Ms. WASSERMAN SCHULTZ. That's exactly right. And it's important to
show this debt and the impact of it in different ways because different
people think and look at things through a different prism.
So the second highest line item in the budget that he submitted was
the interest on the debt. And as you can see, like Mr. Altmire pointed
out, we're at about $240 billion, which is the net interest that we're
paying on that debt.
{time} 2100
Now, expressed comparatively to the other things that we believe are
incredibly important in terms of improving the quality of life of
people in America and moving this country in a new direction, which is
what we were committed to doing when we took over the majority and that
we promised the American people that we would do, so we are at $240
billion in net interest on the debt. That is as compared to what we
spend on education, what the President proposes to spend on education,
which is at about, let's say, a little less than $50 billion, a little
bit less than that for spending on veterans health care, and then a
little bit less than that on homeland security.
Now, what's mind-boggling is, if you listen to this administration
and to this President and to our colleagues on the other side of the
aisle, you would think that the most important thing on the planet to
them is homeland security and making sure that we provide adequate
funding for homeland security. Well, if you take education, veterans
health care, and homeland security combined, combined those items don't
equal the payment of interest on the national debt.
I mean who is for homeland security and who just talks? I mean you
have to back up words with action. We do all this right out in the
open. People can see where the priorities are because, as the Speaker
always talks about, Mr. Murphy and Mr. Altmire, the Speaker always
talks about how the budget is an expression of our values. And we are
going to show the American people the difference in our values as
Democratic Members of Congress, who are the leaders of this coequal
branch of government, versus the expression of values that President
Bush put forward on Monday, which clearly are dramatically different
than the priorities of the American people.
Mr. MURPHY of Connecticut. Ms. Wasserman Schultz, I know we want to
talk about that budget and how clear, once again, the President has
made it, that his priority is going to be to turn the Federal
Government's back on regular working folks out there who need a little
bit of help getting their parents into a nursing home, who need a
little bit of help getting quality education for their kid, who want to
make sure their streets are safe. We're going to talk about that.
But I think it's worth noting that we've gone through one budget
cycle already here with Democrats in charge of the House, and we have
shown this place, Washington, DC, that we have shown everybody out
there in America that you can have a responsible budget that sets you
on a path towards balancing that budget within 5 years, and you can do
it in a way that is still compassionate about the people out there who
need a little bit of help from their government. You can do both.
Mr. Altmire, Ms. Wasserman Schultz, and I all come from pretty
fiscally conservative districts. We have people who want to see the
Federal Government spending their money right. But we also come from
districts full of people who do want to help their neighbors, who do
want to reach out and give a helping hand when it's needed and when it
can be done on a reasonable and efficient basis. And the budget we
passed last year, it has a very modest growth in spending, but it
invests in the right programs. It gives increases to programs like
health care, research. It gives investments in community policing. It
gives increases for elementary education. And it does it all while
setting a course to balance the budget in 5 years.
So you can do both. You can get fiscal responsibility, and you can
make sure that you're covering your bases in the programs that help
regular, average Americans. And we did it as a Congress. The President,
once again, has submitted a budget to us that isn't going to do that.
Mr. ALTMIRE. Mr. Speaker, I wanted to talk a little bit about the
chart
[[Page 1779]]
that Ms. Wasserman Schultz was referencing and still has up. It shows
the interest on the national debt and how that account dwarfs spending
on education, veterans, and homeland security. But the truly sad part
of that chart is that the red bar that shows net interest on the
national debt is growing exponentially while the President, in the
budget he submitted to us, slashes funding for education, for veterans,
and for homeland security. And Mr. Murphy and I went over this a little
bit last night in our talk on that 30-Something Group. But I just
wanted to talk about those three accounts, education, veterans, and
homeland security, and talk about what the President has decided to do.
Instead of investing in innovation in the classroom, his budget
eliminates the $260 million program providing grants to States for
classroom technology and freezes the $179 million mathematics and
science partnerships. Now, that's a program that's targeted at
improving achievement in math and science. And instead of making
college more affordable, something that this House took a giant step
towards doing just today, the President's budget inexplicably
eliminates supplemental education opportunity grants. And the Perkins
loan program, one of the staples of higher education assistance in this
country, the President eliminates it in his budget. He also eliminates
the Leveraging Educational Assistance Partnership program, the LEAP
program that we know about. And they all provide necessary funding for
needy students. His budget also eliminates funding for vocational
education. This is completely unjustified.
We talked about homeland security, something that's very important to
every Member of this House. Well, the President's budget slashes
funding for State Homeland Security Grant Programs. And I would repeat
that. I'm speaking correctly. It slashes funding for State Homeland
Security Grant Programs at a time when we're at war.
Ms. WASSERMAN SCHULTZ. If I could just reclaim my time for one second
because different people would have different definitions of ``slash.''
So since we know actually by what percentage he slashed it, let's
underscore. The Department of Homeland Security State responder grants
that he slashed, he slashed by 78 percent. So we're not talking about
just a little nick here. We're talking about cutting the legs out from
under a program that provides assistance for homeland security efforts
locally, not just for New York and Los Angeles and the places with big
tall buildings, but places all over this country which have vulnerable
sites that any wise, smart-minded terrorist would love to catch a
community sleeping that doesn't have a coordinated effort and a plan to
make sure that they can take care of their community and ward off a
potential terrorist attack, which could happen anywhere.
Mr. MURPHY of Connecticut. Ms. Wasserman Schultz, let me just get
this right. So we have spent billions upon billions of dollars, another
170 this year, on the war in Iraq, which is feeding the international
terrorist movement, and this isn't our saying it, that's the 22 most
important national intelligence organizations through the National
Intelligence Estimate, that is feeding the frenzy of international
terrorism and is growing the ranks of the people who want to do harm to
us. So we're spending money in Iraq to increase the ranks of people who
might do harm to us, and then we are cutting the money here at home
that would make sure that none of them lands on our soil and does harm
to us. That is a very odd thing for the President or the Republicans or
anyone who supports that policy to have to explain to somebody.
Ms. WASSERMAN SCHULTZ. All the while with the President's continuing
to insist that we make the tax cuts permanent, that we extend permanent
tax cuts to the wealthiest Americans, to cut more of our ability to
make sure that we can fund first responder grants for communities
across this country, and all the while having a $407 billion deficit
and a $1.33 trillion debt. I don't know. In my dictionary, fiscal
responsibility, that doesn't meet any of the definitions in the
dictionary that I use. Maybe the dictionary in bizarro world. Maybe
there's some opposite universe. I remember when I watched Star Trek,
there was a bizarro world, opposite universe episode, and everything
that was one way in one universe was the opposite way in the opposite
universe. Maybe that's what it is. Maybe that aisle right there, maybe
that side of the Chamber is actually a parallel universe, and so
everything we believe is the opposite on that side. That's what it is.
I figured it out.
Mr. MURPHY of Connecticut. If the gentlewoman would yield, it's a
wonderful world to live in, though, Ms. Wasserman Schultz. I mean this
world in which you can spend money on all of these things that you want
to spend money on, that you can have no one pay for it, that you can
kind of convince yourself that all of the people that are lending you
the money aren't going to really ever ask for it back, that you can
additionally convince yourself that the fact that you owe money to all
of your enemies isn't going to have any consequences when you want to
fight them or negotiate with them. I mean, that's a great place to live
in. A world full of no consequences. A world full of postponing all bad
things until a moment in which no one is here to answer for them
anymore. It's a wonderful place to live.
But I've got to believe that that's why Mr. Altmire and I got sent
here as part of the new class last November, that the American people
kind of figured out that it was a myth. I mean, they figured out that
it was an alternative universe. Now, they might not be as big a science
fiction fan as you are, Ms. Wasserman Schultz, but they figured out
that something was up. I mean, I come from a district that was
Republican for 24 years that has these Rockefeller Republicans that are
sort of socially moderate but fiscally conservative, and they came out
and voted for Democrats in droves this year because they figured out
what you knew all along, that this was just a made-up world here where
you could just spend wildly on a war in Iraq, that you could borrow in
order to pay for it, that you could rip the guts out of social
services, and everything would be all right. So the American people, I
think, have figured it out and they sent us here to fix it.
Mr. ALTMIRE. And, Mr. Murphy, you're leaving out one of the key
facts, that they live in a world where you can charge everything to the
national credit card. Everything that you do, every expense of the
Federal Government, just charge it to the credit card, and that bill is
never going to come due.
Well, guess what? That bill has come due. And the reason we're facing
a recession right now is because we have been living through that
fiscally irresponsible time.
Ms. WASSERMAN SCHULTZ. Mr. Altmire, can I ask you a question? Because
you were going through the details of the cuts that the President has
proposed in his budget that he submitted for fiscal year 2009 on
Monday.
There was a program that was first implemented and proposed and
funded by Congress but proposed by President Clinton called the COPS
program, which put 100,000 police officers on the street and made sure
that we had first responders, police officers, on the streets,
patrolling our communities, making sure that the streets of America
were safe. And how much did President Bush propose for the COPS program
in his fiscal year 2009 budget?
Mr. ALTMIRE. The gentlewoman may have a different chart than I have.
Ms. WASSERMAN SCHULTZ. I have zero, because the number that I have is
that he cut the entire program, 100 percent cut to the COPS program,
zeros it out, so that there would be no COPS program, no funding to put
police officers on the streets in our local communities.
It's just unbelievable. We continue to hear the rhetoric come from
this administration. I mean, it's nice, happy talk. It's nice, happy
talk that you can stand behind the podium and say whatever you want and
live in bizarro world across the other side of the aisle and just
ignore reality and squeeze your eyes shut and hope that people don't
notice that what you're saying is not true.
[[Page 1780]]
Mr. ALTMIRE. And it's particularly frustrating to Mr. Murphy and I,
who are in our first term and we had our second State of the Union
address just last week, a week ago, and the President of the United
States stood right behind where I am standing right now and said to the
Congress you need to be more fiscally responsible. And he lectured us
on how he perceived this Congress to have been fiscally irresponsible.
And literally a week later, 1 week later to the day, he drops on all of
our desks a budget that is out of balance by $407 billion. So when you
talk about living in a world where you can say one thing and do
another, I would suggest you look no further than that budget that was
submitted to us.
And the gentlewoman asked about the COPS program, and I appreciate
her bringing that to our attention. I had in front of me funding for
something that's near and dear to my heart, and that's for veterans,
which was the third category on the chart that she showed several
minutes ago when we talked about education funding and other accounts
that pale in comparison to interest on the national debt. I just wanted
to talk about what the President's budget does for veterans. It cuts
health care for veterans by $20 billion over 5 years and cuts funds for
constructing, renovating, and rehabilitating medical care facilities in
the year 2009.
And I would remind everybody what happened at Walter Reed, which is a
defense health care facility, last year, at about this time last year,
when we heard reports of substandard living conditions and paint
peeling and rodents. And we are then going to look at the VA, according
to the President's budget, and actually cut funds for constructing,
renovating, and rehabilitating medical care facilities at a time when
we've had a national scandal at one of those facilities? I think that's
disgraceful.
And for the 6th year in a row, the President's budget raises health
care costs on 1\1/2\ million veterans by imposing $5.2 billion in
increased co-payments on prescription drugs and new enrollment fees for
veterans.
{time} 2115
Mr. ALTMIRE. I can't think of a group that we should be helping more
than our Nation's veterans. And to have a budget submitted to us at a
time when all of us can agree that there is nothing more important than
taking care of the people who are putting their lives on the line for
us, wearing the uniform of the United States every single day, making
every possible sacrifice, and to have a budget submitted to us that
slashes funding for veterans programs is an offense. It literally is an
offense.
Ms. WASSERMAN SCHULTZ. Mr. Altmire, I have to compliment you because
the people of western Pennsylvania, when they made a decision to elect
you, sent a champion for our Nation's veterans to this institution.
Since day one, I don't remember a day that has gone by that I have not
heard you talk about the plight of our veterans and the importance of
not forgetting them, and making sure that we are going to appropriately
fund and adequately fund their health care needs, provide for their
needs when they come back from their service to our country and
continue to take care of them in the variety of ways that we should
instead of forgetting them like so much dirty laundry and make sure
that they don't get left behind. It is another example of the new
direction that the people of America wanted. And when they elected you,
that is exactly what you have delivered to them. And I know your
constituents really appreciate it.
You mentioned the lecture, which is a good description for what the
State of the Union was last week that we got from President Bush, and
Mr. Murphy, I would like to say our caucus chairman, Rahm Emanuel, did
a good comparison, or timeline, of where we were at the start of the
administration almost 8 years ago and where we are now. He did a press
conference and talked about, gave a speech, a really good speech on the
floor and just showed where we were at the start and where we are now.
So, Mr. Murphy, I know you have some of the information in front of
you, as well, just to walk people through where we were then, at the
beginning of this administration. At the beginning of this
administration, we started with a record $5.6 trillion surplus when
President Clinton left office. And President Bush will be leaving
behind, Mr. Murphy?
Mr. MURPHY of Connecticut. Annualized $400 billion operating
deficits, the three largest operating deficits in the history of the
Republic under the Bush administration, Ms. Wasserman Schultz.
Ms. WASSERMAN SCHULTZ. Thank you. And at the beginning of the Bush
administration, Mr. Altmire, we were on track to pay down all of our
publicly held debt. All of it. I am not sure if you have the chart in
front of you right there; but, Mr. Murphy, we were on track to pay down
all of our publicly held debt. And what is the Bush administration
leaving behind?
Mr. MURPHY of Connecticut. Curiously, as we talked about here, a $9
trillion debt owed mostly to foreign nations, a President that has
racked up more publicly held foreign debt and privately held foreign
debt than any other Presidents combined in the history of the Republic.
Ms. WASSERMAN SCHULTZ. It is really astonishing, the dramatic
difference and the swings we have gone through in the last 8 years. Who
would have thought that we could go through that type of rapid
deterioration?
How about the economy? We are certainly not facing a strong economy
right now. At the beginning of this administration, as President
Clinton was leaving office, Mr. Murphy, we had the strongest economy in
three decades. We had 22 million jobs that had been created. We had a
record surplus. We had a thriving economy by any definition. And now
that we are wrapping up the Bush administration, what is this President
leaving behind?
Mr. MURPHY of Connecticut. Well, we know he is leaving behind one of
the weakest and one of the most fragile economies that we have seen in
a very long time. Today we get reports from the Nation's largest
retailers telling us that they still have not unburied themselves from
the holiday malaise. We had a report recently from the service sector
showing the service economy starting to bottom out. We have news
yesterday from the Labor Department telling us that worker productivity
continues to slow. We have an economy after 6, 7 years of the Bush
administration's policy left over from 12 years of neglect by the
Republican majority that is as weak as it has been in a very long time.
Mr. ALTMIRE. I want to talk about a few things that the President is
leaving behind as he leaves office going into next year, and we look
forward to working with him certainly throughout this year, $400
billion in annual deficits, deficits as far as the eye can see, as Mr.
Murphy talked about, an exploding debt burden, a slowing economy; and
this is something that I think really needs to be talked about because
we had in January a net loss of 17,000 lost jobs. And there was a lot
of talk in the administration about how, well, this was the first loss
in 4 years in job growth in a month, which is true.
Now, any economist will tell you, anyone who studies these issues
will tell you that because of the population growth in the country that
works, we are experiencing in any given month, it takes between 100 and
150,000 new jobs being created just to keep pace with the increase in
population growth in the country. So just to maintain, you have to have
at minimum 100,000 new jobs. Well, many of the months that we are
talking about going back 4 years, we have had much fewer jobs created
per month than 100,000. And in fact, this administration, if you look
at the job growth that has taken place over the 7-plus years of this
administration and pro rate it, this is the weakest record of job
growth in any administration since the Hoover administration.
Mr. MURPHY of Connecticut. Did they have good job growth in the
Hoover administration?
Mr. ALTMIRE. Right. And Mr. Murphy held up his chart with all the
[[Page 1781]]
Presidents on it and talked about big spenders and fiscally
irresponsible people, and I think Mr. Hoover may not be remembered in
those categories, but he is certainly not going to be remembered as a
job creator, let's put it that way. So for this administration to have
the worst record of job creation since the Hoover administration, I
think really spells out the failure of these economic policies.
Ms. WASSERMAN SCHULTZ. Absolutely. And as we begin to wrap up,
getting back to the lecture that you referred to earlier, Mr. Altmire,
that we received from President Bush last week, the matter of
transparency is incredibly important. This is a President who talked
about how we need to make sure that we disclose earmarks, which we took
the lead on when we became the majority and made sure that we put our
names next to the earmarks that we get in the appropriations act, and
we are the ones that made sure that there was full disclosure and
adopted the ethics package that was the most comprehensive in American
history.
And with this President's proposed budget this week, let's outline,
and we are going to have some of these charts next week that are blown
up so that people watching can see, but let's talk about what was left
out of the budget, because he talked very nicely about transparency,
and make sure that people really understand clearly what we are doing
here. He left out of his budget any war costs, any costs for the war in
Iraq and Afghanistan beyond the first half of this year. He also left
out AMT reform beyond 2008. So all of the millions and millions of
taxpayers that we helped avoid be subject to that AMT tax when we
passed that legislation at the end of last year, there is no fix for
them. And President Bush doesn't even count them as that going forward,
which we know we are obviously going to have to do.
It is fake. It is just, again, bizarro world. We can just make stuff
up in the budget and hope that people believe that it is true. This was
a fairy tale document that he gave us on Monday. The good news is that
the Congress actually writes the budget when push comes to shove.
Then in terms of any spending policy details beyond fiscal year 2009,
there was nothing detailed in this President's budget. Let's just give
you, as I wrap up and then turn it over to the two of you to bring us
home, let's just go through last year. In fiscal year 2008, President
Bush requested $193 billion, Mr. Murphy, for the war in Iraq. And in
the fiscal year 2009 budget he just proposed to us on Monday, he asked
for $70 billion. Good news. We are only going to spend $70 billion on
the war in Iraq and Afghanistan this year.
Mr. MURPHY of Connecticut. We get some discounts this year.
Ms. WASSERMAN SCHULTZ. Wow, that is so exciting. Again, we have to
make sure that we are honest, transparent, and forthcoming with the
American people. We can't fake it. We can't gloss it over. We have to
make sure that we give them the straightforward facts and be honest
with them in the budget document and in everything that we do.
Mr. Murphy, why don't you bring us home. It is a privilege to be here
again with you and Mr. Altmire, and we miss our colleagues, Mr. Ryan
and Mr. Meek, tonight; but the 30-Something Working Group is always
here to talk about the issues that are important to the American
people, but particularly to our generation of Americans who are going
to inherit the results of the decisions that we make here.
Mr. MURPHY of Connecticut. Ms. Wasserman Schultz, just to leave on
some good news, I think the passage with the Republican and Democratic
votes of the economic stimulus package shows that this Democratic
Congress has the potential to reach across the aisle and push back on a
lot of these policies that we have been talking about today. This is
bad news, the President's budget he submitted to us. It is not a good
budget for people, for families, or for fiscal discipline.
But the good news is that we have shown a record here of being able
to work together, Republicans and Democrats, to be able to push back.
Ms. Wasserman Schultz, if you want to get in touch with us, you can
e-mail us at [email protected] or go to www.speaker.gov
to visit our Web site.
Ms. WASSERMAN SCHULTZ. Thank you, Mr. Murphy.
Mr. Speaker, we appreciate the opportunity that has been given to us
by the Speaker.
____________________
PEAK OIL
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Maryland (Mr. Bartlett) is
recognized for 60 minutes as the designee of the minority leader.
Mr. BARTLETT of Maryland. Mr. Speaker, our government has paid for
four studies looking at the world energy situation, particularly at
oil. Two of those studies were reported in 2005, and two of them were
reported in 2007. The two in 2005 were the SAIC report known as the
``Hirsch Report,'' and then later in the year there was a report by the
Army Corps of Engineers, and then in 2007 there were two reports, one
of them by the Government Accountability Office and the second one by
the National Petroleum Council.
They all said essentially the same thing in different words. I have
here some quotes from the first one of these, and the largest one.
Remember, this is now in 2005, and this is from the Hirsch Report.
``Peaking of World Oil Production: Impacts, Mitigation, & Risk
Management'' was the title of their work.
World oil peaking is going to happen. By peaking, we mean that time
at which the world reaches its maximum capacity for producing oil.
After that time, regardless of the demand for oil and regardless of the
desire to produce more oil, the world will not have the ability to ramp
up in oil production to produce more oil.
World production of conventional oil will reach a maximum and decline
thereafter. That maximum is called the peak. A number of confident
forecasters project peaking within a decade. Others contend it will
occur later. Prediction of the peaking is extremely difficult because
of geological complexities, measurement problems, pricing variations,
demand elasticity and political influences. Peaking will happen, but
the timing is uncertain. Oil peaking presents a unique challenge.
And then they make this statement: the world has never faced a
problem like this. There is no precedent in history that we can use to
judge what the impact of this peaking will be. Without massive
mitigation more than a decade before the fact, the problem will be
pervasive and will not be temporary. Previous energy transitions, wood
to coal and coal to oil, were gradual and evolutionary. Oil peaking
will be abrupt and revolutionary.
The second chart has some additional quotes from this same report.
The peaking of world oil production presents the U.S. and the world
with an unprecedented risk-management problem. As peaking is
approached, liquid fuel prices and price volatility will increase
dramatically. A couple of weeks ago, oil was $100 a barrel. And without
timely mitigation, and there has been essentially none, without timely
mitigation, the economic, social, and political costs will be
unprecedented, unprecedented, meaning nothing in the past can we use as
a guide to what the consequences will be.
Viable mitigation options exist on both the supply and demand sides.
But to have substantial impact, they must be initiated more than a
decade in advance of peaking.
Now, as we will see in a chart or two, it is very probable that
peaking has already occurred. So, obviously, we can't prepare for it a
decade ahead. Dealing with world oil production, peaking will be
extremely complex, involve literally trillions of dollars and require
many years of intense effort. This is from the SAIC, a very prestigious
organization, a report paid for by our government.
{time} 2130
The next chart is a graph of oil production in the United States. To
see the impact of this we have to go back more than half a century to
1956, the
[[Page 1782]]
8th day of March, in San Antonio, Texas, when M. King Hubbert gave a
speech to a group of oil engineers and executives which I think will
shortly be recognized as the most important speech given in the last
century.
What M. King Hubbert told that group was that in just 14 years from
1956, that is, 1970, the United States would reach its maximum oil
production, and after that, no matter what it did, the United States
would not be able to increase its oil production.
At that time, the United States, that means in 1956, the United
States was king of oil, I believe producing more oil, using more oil
and shipping more oil than any other country in the world. Nobody
believed M. King Hubbert. He was derided. But when in 1970, right on
schedule, we peaked in oil production, he became a legend in his own
day. He died just a few years ago.
What he predicted was oil production in the Lower 48, that is, Texas
and the rest of the United States, that is the gray and blue part of
the graph here, we found a lot of oil in Alaska and we are able to get
some natural gas liquids, and when you add those two together, you see
there was a little blip in the slide down the other side of Hubbert's
Peak. But in spite of feverishly drilling, we have drilled more oil
wells in our country than all the rest of the world put together. We
have about four times as many oil wells in the Gulf of Mexico, about
4,000, about four times as many in the Gulf of Mexico as in all of
Saudi Arabia, for instance. In spite of finding oil in Alaska and in
spite of finding oil in the Gulf of Mexico, the yellow wedge there, we
are now producing about half the oil we did in 1970.
The next chart shows a quote, a very recent quote from the Shell Oil
Company, January 22. ``By the end of 2100, the world's energy system
will be radically different from today's.''
It will indeed.
``The world's current predicament limits our maneuvering room. We are
experiencing a step change in the growth rate of energy demand.'' China
and India and the Third World are coming on line to industrialize.
Shell estimates that after 2015, that is just around the corner,
``after 2015, supplies of easy-to-access oil and gas will no longer
keep up with demand.'' A very significant statement. ``As a result,
society has no choice but to add other sources of energy.''
The next chart is also some very recent data. Now, remember, M. King
Hubbert made his prediction in 1956. Remember that it was in 2005 that
SAIC, the Hirsch Report, made their predictions.
There are two agencies in the country that do a very good job of
tracking the production and consumption of oil, and, of course, since
we use all we produce, those lines are the same. We are not storing it
up in large quantities anywhere, significant quantities. One of these
two agencies is the International Energy Agency, the IEA. You see them
referenced in the news relative to Iran. They are the international
group that is watching the development of nuclear energy activity in
Iran.
Then there is our own EIA, Energy Information Agency, an arm of our
Department of Energy. They do a very good job of tracking the use of
oil. Here are their curves. The red curve is the IEA and the green
curve is the EIA. You notice they are very similar. They should be,
because they are looking at the same data. Notice for about the last 30
months, both of those have oil production essentially plateauing.
The same gentleman that predicted that the United States would reach
its maximum oil production in 1970, that was M. King Hubbert, predicted
that the world would be reaching its maximum production about now. It
would appear, it would appear from Shell's statement and would appear
from the graph here from these two organizations that are tracking the
production and consumption of oil, that indeed it looks like we are
plateauing, which would mean that we very probably have reached a peak.
Notice what has happened with price. There is a lot of volatility,
which was predicted by the Hirsch Report. And notice what has happened
in the last few months; up, up, up. It at one time touched $100 a
barrel. It now is down just under $90 a barrel. When I first came to
the floor about 2\1/2\ years ago to talk about oil, it was about $40 a
barrel. Look what has happened to the price of oil since then.
There are three groups that have common cause in a rational solution
to this problem and two other problems. The first of these three groups
are those that are concerned about global warming and climate change.
What they would do to ameliorate this problem is to shift from the use
of fossil fuels, which are releasing CO2 which was
sequestered a very long time ago, now present in oil and gas and coal,
they would replace that with renewable sources where you are simply
recycling the CO2. The trees grow and they use
CO2 to grow, and then when they are mature, you cut them and
you burn them and oxygen is consumed in burning them and the
CO2 is released, so there is no net CO2 increase
when you do that.
A second group that has common cause in wanting to replace our fossil
fuels with renewables are those who are concerned about our national
security. The President noted that we were far too dependant on foreign
oil. We have only 2 percent of the known reserves of oil in the world.
We use about 25 percent of the world's oil. We import almost two-thirds
of what we use. The obvious solution to that problem is to get our
energy from somewhere else so that we don't have to import this oil,
and the rational place to get that is from renewables.
Then there is the group of people that I am kind of representing
tonight when I talk about this aspect of energy, and those are the
people who believe that there is a finite amount of oil in the world
and that at some point in time the world will reach that maximum
capacity to produce oil. That happened in the United States, as that
chart showed, in 1970. After that, no matter what we do, reasonably, no
matter what we do, the production of oil will fall steadily off.
Now, we aren't running out of oil. We are not falling off a cliff.
What we are running out of is our ability to produce oil as fast as we
would like to use it. That point is called peak oil. What the peak oil
concerned people would like to do is to move to some alternative which
is a substitute for oil.
So we have these three groups with very different agendas, very
different premises, but all three of them have exactly the same
solution to their problem; climate change and global warming. What you
want to do is stop releasing this sequestered CO2 in the
fossil fuels and use renewables.
What you want to do if you are concerned about our national security
and the fact we are so dependent on foreign oil is to find a substitute
for oil so we don't have to buy that foreign oil.
If you are concerned about peak oil, that it just isn't going to be
there in the quantities you would like to use it in the future,
obviously you have got to find another source of energy. So these three
groups have common cause.
I am joined this evening by one of my colleagues that is a real
expert in the first one of these I mentioned, Wayne Gilchrest, Wayne,
thank you very much for joining us. Wayne is perhaps the best authority
in the Congress on climate change or global warming, and different
people talk about this problem in different ways.
Wayne, thanks for joining us.
Mr. GILCHREST. Thank you very much, Mr. Bartlett, for letting me
share your hour here this evening. I think you are doing an
extraordinary service, not only to we Members of Congress, but to the
public at large, to understand the nature of the energy crisis and how
it is inextricably linked with global warming.
If we take a look at both of these issues, especially the issues that
Mr. Bartlett raises about energy security and what is in the future for
our energy needs, which is the basis for a prosperous economy, there
are many changes coming based pretty much on these two issues: Energy
and climate change. As far as energy security and the economic
viability of this country,
[[Page 1783]]
environmental issues and ethical issues for future generations, these
two issues are inextricably linked. They are issues for the most part
that are still misunderstood by the public, and they are issues that
are not in the headlines every day for the news media and elected
officials to do their own research, like Mr. Bartlett has done, and
voice this issue to the public so that they become much more educated
as a result of it.
If these issues are handled appropriately, and that means if we the
government and the public at large become informed about these issues,
they can then become much more competent in dealing with these issues
and there will be a bright future. If these issues of energy and
climate change are not handled appropriately, if the focus is on the
wrong priority, then energy security and climate security for this
country will be severely jeopardized.
Mr. Bartlett talks about peak oil. The United States peaked in 1970
and the world at large is about ready to peak. We looked at in just the
last couple of years more than a doubling of the cost for a barrel of
oil.
The issue is similar in global warming, which is called today climate
change. Why is there a difference in the verbiage on discussing global
warming? The difference in verbiage is that global warming will cause
the climate to change, disruptions in the climate.
Is there global warming? Well, there is a 90 percent certainty among
the American scientists and international scientists that global
warming is linked to human activity. That means the burning of fossil
fuel.
Let's take a quick look at one example as to why we link global
warming to human activity. We can go scientifically back 20,000 years
at the height of the last ice age and we can test through a number of
different means, especially ice cores, 20,000 years ago.
I want to make one other comment also. If you look over the past
20,000 years, you will see a fluctuation, a variation in climate
change, and you will also see a fluctuation in variation of
temperature. The temperature corresponds to the amount of greenhouse
gasses in the atmosphere. The more greenhouse gasses over the eons of
time, the warmer the climate.
If we go back 20,000 years to the height of the last ice age, carbon
dioxide, which is the chief greenhouse gas, one of the chief greenhouse
gasses, there was 180 parts per million of CO2 in the
atmosphere. As a result of that small amount of CO2, we were
in an ice age. It was very cold.
As climate variability changes over the course of time, we come to
1890 when we could evaluate how much CO2 was in the
atmosphere. 1890, a little over 100 years ago, there was 280 parts per
million of CO2 in the atmosphere. It took basically nearly
20,000 years to go from 180 parts per million of CO2 to 280
parts per million, an increase of 100 parts per million over 20,000
years.
Well, what were we really involved in in 1890? The industrial
revolution, the burning of coal, the early stages of the age of oil.
It is 2008. There are 380 parts per million of CO2 in the
atmosphere. What does that mean? That means the natural cycle took
20,000 years to increase CO2 by 100 parts per million, and
during the industrial age, it took just 100 years to increase
CO2 by 100 parts per million. The correspondence to warming
is linked to the amount of greenhouse gasses. So we are warming.
There are many, many other examples of this; receding glaciers
worldwide, shrinking ice sheets on Greenland, temperature of the air
and temperature of the water.
{time} 2145
Another problem is the acidification of the oceans. The point here is
that we are facing enormous changes in a very short period of time.
Will we be ready? We are facing peak oil.
In some sense, in maybe less than 100 years, we will be at the end of
the Asian oil, and what will we replace this enormous source of energy
with? We are facing enormous changes in the next few decades with the
climate changing as a result of human activity.
Let's take just a brief look at some of the issues of a changing
climate. What will it do to agriculture in the United States with the
drought and rain cycles changing, and we are already beginning to see
that. What will it do to our national forests and forests globally with
the infiltration of pests that weren't there before? We see that now in
the northern regions of Alaska and wild fires; fresh water, quantity
and quality with changing rain cycles; coastal zones, flooding areas,
more hurricanes. We have already seen more tornadoes.
What about sea level rise? This is an important aspect of global
warming. If sea level rose just a couple of feet, and there is a good
chance it will rise more, what will happen to New York City or Miami or
New Orleans or a town close to me called Chestertown? How will the eco-
systems change? What will diseases be like in areas that are a lot
warmer?
We only need now to look at some of the areas of central Africa or
Central America or South America. Ocean acidification is an issue with
the kinds of marine life that will be in the world's oceans. Ocean
acidification has a direct impact on the spawning activities of all the
sea mammals and the other marine creatures in the ocean.
Global warming, 90 percent assurance from the world's scientists that
human activity is causing it to change. It is changing the face of our
planet, the link with the other issue of energy. The lack of it will
change dramatically the face of our planet if we don't select the right
priorities as soon as we can.
What are some of the questions we ask about this scene, this
relatively confusing scene of an energy crisis with nothing right now
to replace it, and a global warming climate-change crisis, some of the
confusing issues. Are we in just another cycle of high energy costs and
different climate? We know that climate cycles change, and we know that
energy costs change over a period of time.
Are we not just in another cycle? Well, this time we are not just in
another cycle. But if you want to say we are in a cycle, this cycle is
being dramatically affected by human activity.
In the energy crisis arena, we are burning more oil than we have in
reserves. In the climate crisis arena, we are burning fossil fuel,
infusing greenhouse gasses in the atmosphere in the last few decades
that it took millions of years for the natural processes to lock up.
Now, one last comment, and then I want to go back to my good friend
from Maryland (Mr. Bartlett) who will go over some of the issues that
can ameliorate the problem with the climate crisis, the problem with
the energy crisis. Both these issues, energy crisis and climate change,
are going to take something in the order of magnitude that we dealt
with in the Manhattan Project and sending a man on the Moon.
This is an economy-wide issue. The economy issue and the global
warming issue are economy-wide, and they are international in scope.
One of the suggestions for the global warming issue is an economy-wide
cap and trade program, similar to what we dealt with from sulfur
dioxide and acid rain from power companies a little more than 10 years
ago, which has been very successful, a cap and trade program, economy-
wide, where you actually trade carbon in a similar way that you would
trade stock on the stock market.
You place a cap on the emission of CO2 and other
greenhouse gasses. You incrementally implement this over a period of 40
years and gradually, by the year 2050, you can reduce greenhouse gas
emissions by 70 percent below 1990 levels by finding alternatives to
fossil fuel.
What is at the bottom of the bottomless pit? We used to think it was
oil, that we could burn it forever and it wouldn't hurt the
environment.
But we now know it's not oil. What needs to be at the bottom of the
bottomless pit is ingenuity, good old-fashioned American ingenuity.
I want to thank the gentleman from Maryland, my good friend Mr.
Bartlett for recognizing me for this time.
Mr. BARTLETT of Maryland. Thank you very much for joining us in this
discussion of energy. You know, Congressman Gilchrest, some might say,
[[Page 1784]]
gee, won't the global warming problem be solved if, in fact, we were at
peak oil? It would be nice if that would solve the problem, but it
won't.
You see, we have now used about 1 trillion barrels of oil. That's
about half of the oil that we ultimately will use. There is about
another 1 trillion barrels of oil to use. So as we go through this last
half of the age of oil, we will release as much CO2 from
burning that oil and gas and coal as we have released now in the first
half of the age of oil.
So the CO2 contributed during this industrial age and
burning the fossil fuels will double. It will be twice as big at the
end of this time.
I have here an interesting graph, a little cartoon here. There is a
huge SUV there and it's labeled ``demand,'' and there is a gas pump
there and it's labeled ``supply,'' and it's little, and the motor is
saying, Gee, just why is gas so expensive? Well, that's the reason, of
course: There is a big demand and a little supply. When you have that,
that makes prices go up.
The next chart is a quote from the second of these studies, which
your government paid for and has pretty much been ignoring. This is the
Corps of Engineers: ``Oil is the most important form of energy in the
world today.'' The President recognized that in his State of the Union
a year or so ago.
``Historically, no other energy source equals oil's intrinsic quality
of extractability, transportability, versatility, and cost. The
qualities that enabled oil to take over from coal as a front-line
energy source for the industrialized world in the middle of the 20th
century are just as relevant today as they were then.''
Oil is, indeed, an incredible energy source. One barrel of oil, and
when I first heard this statistic, I said, gee, that can't be true, one
barrel of oil has the equivalent of 25,000 man-hours of labor, that's
12 people working all year. I thought, gee, can that be true, just 1
barrel of oil, 42 gallons of oil.
Then I thought how far that gallon of gasoline, still at $3, by the
way, cheaper than water in the grocery store, how far that gallon of
gasoline carries my Prius. I drive a Prius and we get just a little
under 50 miles per gallon with it. I could pull my Prius 50 miles, but
how long would it take me to pull my Prius 50 miles?
When I looked at that and I figured, gee, maybe it's true that a
barrel of oil has the energy equivalent of 12 men working all year.
The incredibly high quality of life that almost all the world enjoys
today is the result of our ability to tap into the stored energy in
fossil fuels.
The next chart is a quote from Admiral Hyman Rickover. He gave a
speech, it will be 51 years ago the 14th day of this May, to a group of
physicians in St. Paul, Minnesota. These are some excerpts from his
speech. He really was prophetic. He is the father, of course, of our
nuclear submarine.
``There is nothing man can do to rebuild exhausted fossil fuel
reserves. They were created by solar energy'' he says, 500 million
years ago ``and took aeons to grow to their present volume. In the face
of the basic fact that fossil fuel reserves are finite,'' and they are,
``the exact length these reserves will last is important in one
respect. The longer they last, the more time we have to invent ways to
live off renewable or substitute energy resource and to adjust our
economy to the vast changes which we can expect from such a shift.''
Fifty-one years ago we were only then about 100 years into the age of
oil. He had no idea how long the age of oil will last. Now we know
pretty much how long the age of oil will last.
He said that how long it lasted was important in only one respect,
that the longer it lasted, the more time did we have to plan for the
transition to renewables, which ultimately we will do. Geology will
ensure that eventually we transition to renewable fuels.
``Fossil fuels resemble capital in the bank. A prudent and
responsible parent will use his capital sparingly in order to pass on
to his children as much as possible of his inheritance.''
I thought often of that very sage counsel. You know, it doesn't even
come close to our attitude towards oil. With no more responsibility
than the kids who found the cookie jar or the hog who found the feed
room door open, we have just been pigging out. We have been pumping oil
as fast as we could all over the world eager to find new places from
which to pump oil.
We just found some more oil in the Gulf of Mexico under 7,000 feet of
water, 30,000 feet of rock. We aren't starting to exploit that yet
because oil at $100 a barrel or $88 a barrel apparently is not high
enough.
``A selfish and irresponsible parent will squander it in riotous
living and care not one whit how his offspring will fare.''
Boy, that is quite precisely what we have done with this incredible
wealth under the ground. When we found that wealth 150 years ago, we
should have stopped and said, gee, what can we do with this to do the
most good for the most people for the longest time? Rather than doing
that, what we did was to act as if oil were forever, that there would
never be an end of oil, just keep drilling, just keep pumping, and it
will always be there.
The next chart shows the industrial age and the transition from wood,
the brown line here to coal, and then to gas and oil. Boy, look what
happened. Look at the slope of that line.
Now, if I put world population on this, it would be hardly
indistinguishable from that energy curve, because the world's
population just shot up. It was less than 1 billion people for a very
long time. Now it's approaching 7 billion people, and that increase in
population follows exactly this dramatic increase in the release of
energy from the use of gas and oil.
A couple of interesting things about this chart, notice where that
line would be if it kept on going up, way off the top of the chart by
this time. That dip there, as you notice from the abscissa, occurred in
the 1970s, was the Arab oil spike price spots and the worldwide
recession that resulted from that. There was demand destruction. We
didn't need as much oil because we were in a recession, a depression in
many places.
The production went down and, boy, did the price go down. It dropped,
do you remember, about $10 a barrel. All of those activities, which
were looking at producing substitutes, they just all died because you
can't compete with oil at $10 a barrel.
We now are very much more efficient than we were at this time. The
slope of this curve, by the way, is really interesting. That's during
the Carter years. During the Carter years, every decade we used as much
oil as had been used in all of previous history. That's a stunning
statistic.
What that means is that when you have used half of your oil, how much
will remain, 10 years. We are now very much more efficient than we were
then. We are able to live better than we were then, using less energy
because your air conditioner is probably three times as efficient; so
is your refrigerator. Your car is more efficient. If they would keep
them small, they would get better mileage even.
The next chart is really an interesting one, and looking at this
chart causes you to do a lot of reflection. This is ``The World
According to Oil,'' and it depicts two things. One is who has the oil.
And the other one is who uses the oil. The yellow and the green there
are the people who are using the oil, and the blues and the grays are
the people who have the oil.
{time} 2200
You notice this is what the world's map would look like if the size
of the country was relative to the amount of oil it had in reserve.
Saudi Arabia is huge. It represents about 22 percent, almost a fourth
of all of the oil reserves in all of the world.
Little Kuwait here, a tiny country, Saddam Hussein thought it looked
like an errant province of Iraq and he went to reclaim it a decade or
so ago, but little Kuwait has as much oil as Iraq. There is Iran.
United Arab Emirates, you can hardly see them on the map. Look at
Venezuela. It dwarfs us.
Here we are with 2 percent of the reserves. We are yellow because we
use 25
[[Page 1785]]
percent of all of the world's oil. Notice that Venezuela is several
times larger than we are.
Russia is pretty big, what three, four times bigger than we are, but
they aren't using anywhere near as much oil as we are per capita so
they are a big exporter and they have lots of money.
What is striking on this map is the size of China and India. Notice
them here. Together they don't have as much oil as the United States,
but together they have 2.3 billion people. With booming economies,
China growing 11.4 percent, that was the statistic I saw for the last
quarter.
Mentioning China, the next chart looks at what China is doing around
the world. China is going around the world and buying oil wherever they
can. And they are not just buying oil; they are buying goodwill. Would
you like a soccer stadium, maybe a hospital, or roads is what you need
in your country. This symbol here is for Unocal. They almost bought an
oil company in our country a few years ago.
Why is China doing that? In today's world it doesn't make one bit of
difference who owns the oil. From that previous chart when you saw
those huge reserves of oil in north Africa and the Middle East, those
people are using very little oil. He who comes with the dollars, let's
hope it stays dollars and not your euros or we'll be in a world of
hurt, he who comes with the dollars gets the oil. It doesn't make any
difference in today's world who owns the oil, so why is China buying
oil?
China has 900 million people in what they call rural areas. They may
be in rural areas, but many of them have television and they are seeing
the results of industrialization and they are demanding for themselves
the increased quality of life that comes from the industrialization
that they see in other countries in the world. So China has a problem
in providing adequate industrialization to meet the emotional needs of
these people so, and this is a judgment call on my part, so they don't
become a problem and revolt.
I think the day may come when China may tell the rest of the world,
Gee, guy, we're sorry, this is our oil and we have 2.3 billion people
and we can't share it with you. To make that a reality, they will need
a big navy. They will need a big navy to hold open the sea lanes and
get that oil to their country. They are growing a navy very rapidly.
This is open source literature. You can do a Google search for
``China'' and ``navy'' and you can see how aggressively they are
growing their navy.
What China is doing here resulted in a statement in 2006 by
Condoleezza Rice which is in our next chart here. ``We do have to do
something about the energy problem. I can tell you that nothing has
taken me aback more as Secretary of State than the way that the
politics of energy is, I will use the word warping diplomacy around the
world. We have simply got to do something about the warping now of the
diplomatic effort by the all-out rush for energy supply.''
The next chart presents some numbers that I went through a bit ago.
These numbers, by the way, prompted about 3 years ago now, 30 of our
prominent Americans, Boyden Gray, and McFarland and Jim Woolsey and 27
others, among them retired four star admirals and generals, they wrote
a letter to the President saying: Mr. President, the fact that we have
only 2 percent of the world's oil reserve and we use 25 percent and we
import almost two-thirds of what we use is a totally unacceptable
national security risk. We need to do something about it. You may
remember the President mentioned this in one of his State of the Union
speeches. Indeed we do have to do something about that.
We represent a bit less than 5 percent of the world's population. We
are one person in 22 in the world, and we use a fourth of the world's
oil. That statistic is not lost on the rest of the world, by the way.
They are noting that.
With only 2 percent of the world's oil reserves, we are pumping 8
percent of the world's oil. What does that mean? Very simply, it means
we are pumping our oil four times faster than the rest of the world,
which means that our supplies are going to run down faster than the
rest of the world.
We have 630,000 producing oil wells in our country. That is more than
all of the rest of the world put together, so we are really good at
pumping oil.
The next chart is really a very important chart. If you were going to
talk about energy, oil, and the world's future, and you had only one
chart, this would be the one that you would use. This comes from the
oil chart. You can do a Google search for ``oil charts'' and you can
find this and a lot more information.
Peak oil, the growing gap. The bars here represent when we discovered
oil. Boy, it started way back in World War II, back in the 1940s. Then
we discovered a whole lot in the 1950s, a whole bunch, and a lot of oil
in the seventies. Oil in the eighties, and look at what has happened.
Down, down, down, down. And that is in spite of ever-better techniques
for discovering oil, computer modeling and 3D seismic, and it is in
spite of an ever-greater effort in going out and drilling new wells.
The solid black line here represents the amount of oil which we are
producing and using. We use everything we produce, so it is the same
line. Notice again up to the 1970s what has happened. If that line kept
going up at that rate, we would be off the top of the chart here. But
the Arab price oil spikes, at this point produced a worldwide recession
that reduced the demand for oil, and then we became very much more
efficient. Notice the low slope of this line compared to this one.
Maybe that was a wake-up call that we needed, because if we hadn't had
that, we would be in even more trouble today because we wouldn't have
invested in those efficiencies.
But notice that since about 1980, we have been using more oil than we
produce by this amount. So we have been dipping in reserves we had.
What will the future look like? One thing is certain: You cannot pump
oil you have not found. So you can make your own judgment as to how
much more oil we will find. Most of the world's experts believe we have
probably found 95 percent of all of the conventionally recovered oil
that we will ever find.
The light shaded area here represents the future, and they are
showing peaking at about 2010 and downhill after that.
This area tails out until it comes down to zero, which will be
another 150 years from now, because that is about how long we have been
in the age of oil.
The difference between the amount you discover and the amount you are
using has to be filled in by the reserves you have here. Now, you can
make that future look a little different by enhanced oil recovery and
going out and pumping live steam and pushing CO2 down there
to push the oil out, but if you do that, you will simply move this peak
out a little, and then you will kind of fall off the cliff because,
again, you can't pump what you haven't found.
The next chart is an interesting one. We show again here Hubbert's
peak and the production of oil in our country. The yellow symbols here
are what M. King Hubbert predicted for the lower 48. The green is what
actually happened. This is a really interesting chart. It was produced
by CERA, Cambridge Energy Research Associates. They produced this chart
in an effort to convince you that you shouldn't have any confidence in
M. King Hubbert's predictions because he really got it wrong. Maybe to
a statistician they might reach a conclusion that he got it wrong, but
I think to the average layman this green curve and those yellow
triangles are not all that different. He seemed to get it pretty right
to me.
The red here is the additional oil that we found in the Gulf of
Mexico and in Alaska. M. King Hubbert's prediction was just for the
lower 48. And by the way, we are pumping 25 percent of our oil through
that four-foot pipeline. I have been up to Deadhorse where it begins.
Even with that, we had just a blip on the slide down the other side of
Hubbert's peak.
The next chart is interesting. It is another one from the Cambridge
Energy Research Associates, CERA. There
[[Page 1786]]
are only two major entities that I know of in the world today that will
claim that peaking of oil is not either present or imminent. One of
those is ExxonMobil. The other oil company, I started with a quote from
Shell saying we are probably there, are on board with the peak oil
concept, and CERA, Cambridge Energy Research Associates.
I mentioned that we have discovered about 2 trillion barrels of oil.
Here they have 1.9 trillion. That is pretty close to 2. If that is the
amount of oil available, which is what we showed on the previous chart,
if you add up all on the bars on the previous chart, they will come to
about 2 trillion, and we have now pumped about half of that. We have
the other half to pump. If that is all of the oil we have, they now
show peaking here at about now, right? About 2010, roughly now they
show peaking.
They are presuming that we are going to find another trillion barrels
of oil, that we are going to find as much oil as all of the oil that we
used in the 150 years since we started using oil. If you believe we are
going to find that much more oil, then you push the peak out to about
2035. That's just the take after tomorrow really, isn't it?
They are also projecting that we may find some unconventional oil,
like we will be able to exploit a lot of oil from the tar sands and the
oil shales. There are incredible amounts of potential oil there. The
problem is can we really get it out in any timely fashion. We use 21
million barrels of oil a day in our country. The world uses 84 million
barrels of oil a day. Try to get your mind around that, 21 million
barrels of oil a day, each one of them with the energy equivalent of 12
people working all year. Wow, no wonder we live such great, high-
quality lives.
The next chart shows a schematic. By the way, you can make this peak
look sharp by compressing the abscissa and expanding the ordinate. But
this is 2 percent growth. And 2 percent growth is small. Our stock
market doesn't like 2 percent. If it is only 2 percent, they think that
the sky is going to fall and stocks drop.
But 2 percent growth doubles in 35 years. It is 4 times bigger in 70
years. It is 8 times bigger in 105 years. It is 16 times bigger in 140
years.
Albert Einstein said that the most powerful force in the universe was
the power of compound interest when he was asked: Gee, Dr. Einstein,
after the discovery of nuclear energy, what is the next big force in
the universe? That was his answer: It is the power of compound
interest.
I believe we are about here, just about at peaking. This is where we
would like to be in 35 years, two times higher than we are now, and we
have a huge gap to fill. Most people are looking at how can you fill
that gap.
{time} 2215
I don't think that there's even a prayer that we can come close to
filling that gap. I think we'll be more than lucky if we can produce
enough energy from alternative sources to fill in this area, if we
simply have a plateau in production of oil.
The next chart is the one from our Energy Information Agency, and
it's an interesting chart. The USGS has estimated the amount of
reserves by doing a lot of computer modeling. And of course, as you
know, in computer modeling, the quality of what you get out is
dependent on the quality of information you put into your model.
And they take the mean of what they get from this modeling, and they
say that that's the 50 percent average, ``F'' for frequency. Somehow
that got translated to ``P'' when it went from the USGS report until it
appears now in the Energy Information Agency report. And so now they're
dealing with probabilities. And they make the bizarre statement that
something which is 50 percent probable is more probable than something
which is 95 percent probable.
And I'm going to spend just a moment on this. They have here, they
did this projection back here, what, about 1995 or so. And they have
four different curves there. One is the 95 percent probability; that's
the yellow one. The green one is the mean, which they say is the most
probable, 50 percent probability; and the blue is the 5 percent
probability.
Well, these probabilities are kind of like the picture on the weather
channel of where the hurricane is going. Tomorrow you know pretty
precisely where it's going to be. A week from now you have some
uncertainty, so they have a big funnel out there.
So if they are going to do this, there should be another green line
down here and another blue line down here. You don't have the foggiest
notion hardly what it's going to be if you have only a 5 percent
probability.
But notice the actual data points, which are in red here. By the way,
these are discoveries, and this is that big peak back, you know, in the
1950s, and this is the big peak up here. This is kind of rounding out
those bar graphs that we had in the previous chart. Notice the actual
data points have been following what you would expect them to follow,
the 95 percent of probability.
The next chart is one from the Corps of Engineers study again, and
they quote Jean Laherrare, who is a French expert in this area. And he
says the USGS estimate implies a fivefold increase in discovery rate
and reserve addition, for which no evidence is presented. Such an
improvement in performance is, in fact, utterly implausible, given the
great technological achievements over the industry over the past 20
years, the worldwide search and the deliberate effort to find the
largest remaining prospects. Indeed, I think it is most implausible
that that's going to happen.
And the next chart, again, this is from the ``Hirsch Report.'' And
then even if that did happen, the real question is, so what? What if we
found as much more oil as all the oil that yet remains to be pumped?
And that's what they're assuming here. This is about 2 trillion
barrels. They're assuming we're going to find another trillion barrels,
and that's what this red curve is. And you see, it peaks in about 2016.
So it pushes that peak out only about a decade. That's the power of
compound growth. So even if we found as much more oil as all the oil
that yet remains to be pumped in the world, according to this chart it
would push it out only to 2016.
Now, you can push it out even further if you use enhanced oil
recovery, but you can't pump what you don't have, so then you fall off
a cliff. That's not what you want for your children and your
grandchildren, I think.
The next chart shows a number of experts and when they have predicted
it would peak, and you see most of them, some of them thought it would
be from here way out to 2100. But most of them have it, it could start
or would start fairly quickly.
I have one more chart, and then I've got to close very quickly
because time is running out. This chart shows quality of life and how
good you feel about your station in life compared to how much energy
you use. How good you feel about life, how much energy you use: the
United States out here using more energy than anybody else; 24
countries use less energy than we and feel better about their quality
of life than we.
Now, my wife tells me I shouldn't be talking about these things
because don't I remember that in ancient Greece they killed the
messenger that brought bad news. I tell her this is a good-news story.
The sooner we start, the easier the trip will be. I'm really
exhilarated by this. There's no exhilaration like the exhilaration of
meeting and overcoming a big challenge. This is a huge challenge. We
have the most innovative, creative society in the world. Properly
informed and properly motivated, I think we're equal to the challenge.
I see this as a very challenging fun future, where we really have
something we can all pull together to accomplish.
I hope we'll be back here next week, and at that time I want to spend
most of the time talking about what are the potential replacements for
oil, what are the potentials, and which are the most promising, and
what do we need to do.
[[Page 1787]]
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Everett (at the request of Mr. Boehner) for today on account of
official business.
Mr. Petri (at the request of Mr. Boehner) for today until noon on
account of traveling delays.
Mr. Ryan of Wisconsin (at the request of Mr. Boehner) for today until
12:05 p.m. on account of traveling delays.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Ms. Giffords) to revise and
extend their remarks and include extraneous material:)
Ms. Giffords, for 5 minutes, today.
Ms. Shea-Porter, for 5 minutes, today.
Ms. Woolsey, for 5 minutes, today.
Ms. Lee, for 5 minutes, today.
Mr. Yarmuth, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
(The following Members (at the request of Ms. Foxx) to revise and
extend their remarks and include extraneous material:)
Mr. Poe, for 5 minutes, February 14.
Mr. Jones of North Carolina, for 5 minutes, February 14.
Mr. Flake, for 5 minutes, today.
____________________
SENATE BILL REFERRED
A bill of the Senate of the following title was taken from the
Speaker's table and, under the rule, referred as follows:
S. 2457. An act to provide for extensions of leases of
certain land by Mashantucket Pequot (Western) Tribe; to the
Committee on Natural Resources.
____________________
ENROLLED BILL SIGNED
Ms. Lorraine C. Miller, Clerk of the House, reported and found truly
enrolled a bill of the House of the following title, which was
thereupon signed by the Speaker:
H.R. 5140. An act to provide economic stimulus through
recovery rebates to individuals, incentives for business
investment, and an increase in conforming and FHA loan
limits.
____________________
ADJOURNMENT
Mr. BARTLETT of Maryland. Mr. Speaker, I move that the House do now
adjourn.
The motion was agreed to; accordingly (at 10 o'clock and 20 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Friday, February 8, 2008, at 10:30 a.m.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
5257. A letter from the Under Secretary for Acquisition,
Technology and Logistics, Department of Defense, transmitting
a comprehensive review of the C-5 Reliability Enhancement and
Re-Engining Program (RERP), pursuant to 10 U.S.C. 2433; to
the Committee on Armed Services.
5258. A letter from the Under Secretary for Acquisition,
Technology and Logistics, Department of Defense, transmitting
a letter regarding the Department's report on the amount of
purchases from foreign entities for Fiscal Year 2007,
pursuant to Public Law 104-201, section 827 (110 Stat. 2611);
to the Committee on Armed Services.
5259. A letter from the Chief, Programs and Legislation
Division, Department of the Air Force, Department of Defense,
transmitting Notice of the decision to conduct a standard
competition of the Supply functions at Robins Air Force Base
(AFB), Georgia, pursuant to 10 U.S.C. 2433(e)(1); to the
Committee on Armed Services.
5260. A letter from the Director, Defense Procurement and
Acquisition Policy, Department of Defense, transmitting a
letter regarding a report to be submitted pursuant to Section
813 of the National Defense Authorization Act for Fiscal Year
2006, Pub. L. 109-360; to the Committee on Armed Services.
5261. A letter from the Principal Deputy Under Secretary
for Personnel and Readiness, Department of Defense,
transmitting authorization of the enclosed list of officers
to wear the insignia of the next higher grade in accordance
with title 10, United States Code, section 777; to the
Committee on Armed Services.
5262. A letter from the Principal Deputy Under Secretary
for Personnel and Readiness, Department of Defense,
transmitting Authorization of Captain David W. Titley to wear
the insignia of the grade of rear admiral (lower half) in
accordance with title 10, United States Code, section 777; to
the Committee on Armed Services.
5263. A letter from the Principal Deputy Under Secretary
for Personnel and Readiness, Department of Defense,
transmitting authorization of Colonel Leonard A. Patrick to
wear the insignia of the grade of brigadier general in
accordance with title 10, United States Code, section 777; to
the Committee on Armed Services.
5264. A letter from the Under Secretary for Acquisition,
Technology and Logistics, Department of Defense, transmitting
the Department's report on space-available transportation as
required by Section 359 of the National Defense Authorization
Act of FY 2006, Pub. L. 109-163; to the Committee on Armed
Services.
5265. A letter from the Under Secretary for Acquisitions,
Technology and Logistics, Department of Defense, transmitting
a report on the budgeting of the Department of Defense for
the sustainment of key military equipment, pursuant to Public
Law 109-163, section 361; to the Committee on Armed Services.
5266. A letter from the Congressional Assistant, Board of
Governors of the Federal Reserve System, transmitting the
Joint Report to Congress on the Economic Growth and
Regulatory Paperwork Reduction Act; to the Committee on
Financial Services.
5267. A letter from the Secretary, Department of Commerce,
transmitting the Department's 2008 Report on Foreign Policy-
Based Export Controls; to the Committee on Financial
Services.
5268. A letter from the Chairman and President, Export-
Import Bank, transmitting a report on transactions involving
U.S. exports to South Korea pursuant to Section 2(b)(3) of
the Export-Import Bank Act of 1945, as amended; to the
Committee on Financial Services.
5269. A letter from the Program Manager, Department of
Health and Human Service, transmitting the Department's final
rule -- Interstate Shipment of Etiologic Agents (RIN: 0920-
AA19) received January 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
5270. A letter from the Deputy General Counsel, Federal
Energy Regulatory Commission, transmitting the Commission's
final rule -- Transparency Provisions of Section 23 of the
Natural Gas Act [Docket No. RM07-10-000; Order No. 704]
received December 27, 2007, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
5271. A letter from the Director, Office of Personnel
Management, transmitting the Office's final rule --
Retirement Systems Modernization (RIN: 3206-AL34) received
January 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Oversight and Government Reform.
5272. A letter from the Director, U.S. Fish and Wildlife
Service, Department of the Interior, transmitting the
Department's final rule -- Endangered and Threatened Wildlife
and Plants; Revision of Special Regulation for the Central
Idaho and Yellowstone Area Nonessential Experimental
Populations of Gray Wolves in the Northern Rocky Mountains
[FWS-R6-ES-2008-009 92220-1113-0000; ABC Code: C3] (RIN:
1018-AV39) received January 28, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
5273. A letter from the Assistant Secretary for Fish,
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule -- Endangered and Threatened
Wildlife and Plants; Revised Designation of Critical Habitat
for the Tidewater Goby (Eucyclogobius newberryi) [FWS-R8-ES-
2008-0010 92210-1117-0000-B4] (RIN: 1018-AU81) received
January 28, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
5274. A letter from the Secretary, Department of Health and
Human Services, transmitting the Department's determination
on a petition on behalf of a class of workers from the Y-12
Plant in Oak Ridge, Tennessee to be added to the Special
Exposure Cohort (SEC), pursuant to the Energy Employees
Occupational Illness Compensation Program Act of 2000
(EEOICPA); to the Committee on the Judiciary.
5275. A letter from the Acting Director, National Drug
Intelligence Center, Department of Justice, transmitting the
Department's National Drug Threat Assessment 2008; to the
Committee on the Judiciary.
5276. A letter from the Director, National Drug
Intelligence Center, Department of Justice, transmitting the
Department's National Methamphetamine Threat Assessment 2008;
to the Committee on the Judiciary.
5277. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Loan Guaranty: Loan Servicing and Claims
Procedures Modifications (RIN: 2900-AL65) received January
28, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Veterans' Affairs.
[[Page 1788]]
5278. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Disclosure of Return Information to
the Bureau of the Census [TD 9373] (RIN: 1545-BH30) received
January 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5279. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Disclosure of Return Information to
the Bureau of the Census [TD 9372] (RIN: 1545-BE08) received
January 2, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
5280. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- Effective Date Relief for Unified Rule for Loss
on Subsidiary Stock [Notice 2008-9] received January 2, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
5281. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- Election of Alternative Funding Schedule
[Announcement 2008-2] received January 2, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
5282. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Nuclear Decommissioning Funds [TD
9374] (RIN: 1545-BF09) received January 2, 2008, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions were
introduced and severally referred, as follows:
By Mrs. MALONEY of New York (for herself, Mr. Frank of
Massachusetts, Ms. Waters, Mr. Gutierrez, Mr. Lynch,
Mr. Ellison, Mr. Cohen, Mr. Fattah, Mr. Hinchey, Mr.
Langevin, Mr. Nadler, Ms. Shea-Porter, Ms. Solis, Mr.
Welch of Vermont, Mr. Wynn, Mr. Gonzalez, Mr.
DeFazio, Mr. Taylor, Mr. Obey, Ms. Hirono, Mrs. Boyda
of Kansas, Ms. Wasserman Schultz, Mr. Udall of
Colorado, Mr. Dingell, Ms. Corrine Brown of Florida,
Mr. Thompson of Mississippi, Mr. Hastings of Florida,
Ms. Clarke, Mr. Jackson of Illinois, Mr. Davis of
Illinois, Mrs. Gillibrand, Ms. Eddie Bernice Johnson
of Texas, Ms. Watson, Mr. Arcuri, Mr. Engel, Mr.
Tierney, Mr. Van Hollen, Mr. George Miller of
California, Mr. Moran of Virginia, Mr. Weiner, Mr.
Abercrombie, Ms. Schakowsky, Mr. Shays, Mr. Serrano,
Mr. Doggett, and Mr. Lincoln Davis of Tennessee):
H.R. 5244. A bill to amend the Truth in Lending Act to
establish fair and transparent practices relating to the
extension of credit under an open end consumer credit plan,
and for other purposes; to the Committee on Financial
Services.
By Mr. WATT:
H.R. 5245. A bill to suspend temporarily the duty on acid
black 107; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5246. A bill to suspend temporarily the duty on acid
black 132; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5247. A bill to extend the temporary suspension of
duty on Acid black 172; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5248. A bill to suspend temporarily the duty on acid
blue 113; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5249. A bill to extend the temporary suspension of
duty on 4-[[3-(Acetylamino)phenyl]amino]-1-amino-9,10-
dihydro- 9,10-dioxo-2-anthracenesulfonic acid, monosodium
salt; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5250. A bill to suspend temporarily the duty on acid
orange 116; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5251. A bill to suspend temporarily the duty on
disperse blue 56; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5252. A bill to extend the temporary suspension of
duty on Direct Black 22; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5253. A bill to suspend temporarily the duty on
disperse blue 60; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5254. A bill to suspend temporarily the duty on
disperse blue 79:1; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5255. A bill to suspend temporarily the duty on
disperse orange 30; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5256. A bill to suspend temporarily the duty on
disperse red 60; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5257. A bill to suspend temporarily the duty on
disperse red 73; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5258. A bill to suspend temporarily the duty on
disperse red 167:1; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5259. A bill to extend the temporary suspension of
duty on 1/ 3-Phenyl-7-(4-propoxyphenyl)benzo[1,2-b:4,5-
b]difuran- 2,6-dione; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5260. A bill to suspend temporarily the duty on
disperse yellow 64; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5261. A bill to extend the temporary suspension of
duty on Reactive Black 5; to the Committee on Ways and Means.
By Mr. WATT:
H.R. 5262. A bill to extend the temporary suspension of
duty on Reactive Blue 250; to the Committee on Ways and
Means.
By Mr. GRIJALVA:
H.R. 5263. A bill to encourage the collaborative, science-
based ecosystem restoration of priority forest landscapes on
Federal lands under the jurisdiction of the Bureau of Land
Management and the Forest Service through a joint
Collaborative Forest Landscape Restoration Program, and for
other purposes; to the Committee on Natural Resources, and in
addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. RANGEL:
H.R. 5264. A bill to extend certain trade preference
programs, and for other purposes; to the Committee on Ways
and Means.
By Mr. ENGEL (for himself and Mr. Burgess):
H.R. 5265. A bill to amend the Public Health Service Act to
provide for research with respect to various forms of
muscular dystrophy, including Becker, congenital, distal,
Duchenne, Emery-Dreifuss facioscapulohumeral, limb-girdle,
myotonic, and oculopharyngeal, muscular dystrophies; to the
Committee on Energy and Commerce.
By Mr. BECERRA (for himself, Mr. Conyers, Mr. Emanuel,
Mrs. McCarthy of New York, and Mr. Rangel):
H.R. 5266. A bill to require certain semiautomatic pistols
manufactured, imported, or sold by Federal firearms licensees
to be capable of microstamping ammunition; to the Committee
on the Judiciary.
By Mr. BOUCHER (for himself, Mr. Goodlatte, Mr. Davis
of Alabama, Mr. Chabot, Ms. Herseth Sandlin, Mr.
Feeney, Ms. Jackson-Lee of Texas, Mr. Gallegly, Mr.
Johnson of Georgia, Mr. Pence, Ms. Zoe Lofgren of
California, Mr. Scott of Virginia, and Mr. Wexler):
H.R. 5267. A bill to regulate certain State taxation of
interstate commerce, and for other purposes; to the Committee
on the Judiciary.
By Mr. PALLONE (for himself, Mr. King of New York, Mr.
Dingell, and Mr. Reynolds):
H.R. 5268. A bill to provide for a temporary increase of
the Federal medical assistance percentage under the Medicaid
Program, and for other purposes; to the Committee on Energy
and Commerce.
By Mr. BRADY of Texas (for himself and Mr. Hinojosa):
H.R. 5269. A bill to amend the Internal Revenue Code of
1986 to allow additional expenses for purposes of determining
the Hope Scholarship Credit, and for other purposes; to the
Committee on Ways and Means.
By Mr. RANGEL (for himself, Mr. Oberstar, Mr. Mica, Mr.
Costello, and Mr. Petri):
H.R. 5270. A bill to amend the Internal Revenue Code of
1986 to extend the funding and expenditure authority of the
Airport and Airway Trust Fund, and for other purposes; to the
Committee on Ways and Means, and in addition to the Committee
on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mrs. CAPITO:
H.R. 5271. A bill to extend the temporary suspension of
duty on 2-(Isocyanatosulfonyl) benzoic acid, methyl ester; to
the Committee on Ways and Means.
By Mrs. CAPITO:
H.R. 5272. A bill to reduce temporarily the duty on Corvus
herbicide; to the Committee on Ways and Means.
By Mrs. CAPITO:
H.R. 5273. A bill to reduce temporarily the duty on
Evergol; to the Committee on Ways and Means.
By Mrs. CAPITO:
H.R. 5274. A bill to reduce temporarily the duty on
Imidacloprid Pesticides; to the Committee on Ways and Means.
By Mrs. CAPITO:
H.R. 5275. A bill to suspend temporarily the duty on
Liberty, Rely, and Ignite herbicides; to the Committee on
Ways and Means.
By Mrs. CAPITO:
H.R. 5276. A bill to suspend temporarily the duty on A5546
sulfonamide; to the Committee on Ways and Means.
[[Page 1789]]
By Mrs. CAPITO:
H.R. 5277. A bill to extend the temporary suspension of
duty on Imidacloprid Technical; to the Committee on Ways and
Means.
By Mrs. CAPITO:
H.R. 5278. A bill to extend the temporary suspension of
duty on Option and Revolver herbicides; to the Committee on
Ways and Means.
By Mr. CUMMINGS (for himself, Mr. Sarbanes, Mr. Van
Hollen, and Mr. Wynn):
H.R. 5279. A bill to establish the Baltimore National
Heritage Area in the State of Maryland, and for other
purposes; to the Committee on Natural Resources.
By Mr. Lincoln DAVIS of Tennessee:
H.R. 5280. A bill to prevent unfair practices in credit
card accounts, and for other purposes; to the Committee on
Financial Services.
By Mr. FERGUSON:
H.R. 5281. A bill to suspend temporarily the duty on
Hexanedioic acid, polymer with 1,2-ethanediol, 2-ethyl-2-
(hydroxymethyl)-1,3-propanediol and 1,3-isobenzofurandione,
2-propenoate; to the Committee on Ways and Means.
By Mr. FERGUSON:
H.R. 5282. A bill to extend the suspension of duty on
Lycopene 10%; to the Committee on Ways and Means.
By Mr. FERGUSON:
H.R. 5283. A bill to extend the suspension of duty on
Quinclorac; to the Committee on Ways and Means.
By Mr. FERGUSON:
H.R. 5284. A bill to extend the suspension of duty on
Vinclozolin; to the Committee on Ways and Means.
By Mr. FERGUSON:
H.R. 5285. A bill to extend the suspension of duty on
Ecoflex F BX7011; to the Committee on Ways and Means.
By Mr. FERGUSON:
H.R. 5286. A bill to provide for the reliquidation of
certain entries of industrial nitrocellulose; to the
Committee on Ways and Means.
By Mr. FERGUSON:
H.R. 5287. A bill to extend the temporary suspension of
duty on iron chloro-5,6-diamino-1,3-naphthalenedisulfonate
complexes; to the Committee on Ways and Means.
By Mr. FERGUSON:
H.R. 5288. A bill to extend the temporary suspension of
duty on Bis(4-fluorophenyl)methanone; to the Committee on
Ways and Means.
By Mr. FERGUSON:
H.R. 5289. A bill to extend the temporary suspension of
duty on ammonium bifluoride; to the Committee on Ways and
Means.
By Mr. FERGUSON:
H.R. 5290. A bill to extend the temporary suspension of
duty on certain light absorbing photo dyes; to the Committee
on Ways and Means.
By Mr. FERGUSON:
H.R. 5291. A bill to extend the temporary suspension of
duty on certain light absorbing photo dyes; to the Committee
on Ways and Means.
By Mr. FORTUNO:
H.R. 5292. A bill to permit the Secretary of Health and
Human Services to directly administer Ryan White part A and B
grants for eligible areas, States, or territories that failed
to make appropriate use of previous Ryan White part A and B
grants; to the Committee on Energy and Commerce.
By Mr. HELLER:
H.R. 5293. A bill to approve the settlement of the water
rights claims of the Shoshone-Paiute Tribes of the Duck
Valley Reservation in Nevada, to require the Secretary of the
Interior to carry out the settlement, and for other purposes;
to the Committee on Natural Resources.
By Mr. HERGER (for himself and Mr. Weller):
H.R. 5294. A bill to amend the Internal Revenue Code of
1986 to repeal the additional 0.2 percent FUTA surtax; to the
Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5295. A bill to suspend temporarily the duty on
certain hot feed extruding equipment used in the manufacture
of extra-wide pneumatic truck and automobile tires, and parts
and accessories thereof; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5296. A bill to suspend temporarily the duty on
certain mold curing devices used in the manufacture of extra-
wide pneumatic truck and automobile tires, and parts and
accessories thereof; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5297. A bill to suspend temporarily the duty on
certain tirebuilding machines used in the manufacture of
extra-wide pneumatic truck and automobile tires, and parts
and accessories thereof; to the Committee on Ways and Means.
By Mr. KANJORSKI:
H.R. 5298. A bill to deny a rebate of Federal income taxes
to illegal immigrants; to the Committee on Ways and Means.
By Mr. LaHOOD:
H.R. 5299. A bill to suspend temporarily the duty on 7-
Hydroxy; to the Committee on Ways and Means.
By Mr. LaHOOD:
H.R. 5300. A bill to extend the temporary suspension of
duty on certain cores used in remanufacture; to the Committee
on Ways and Means.
By Mr. PASCRELL:
H.R. 5301. A bill to extend the temporary suspension of
duty on o-Acetylsalicylic acid; to the Committee on Ways and
Means.
By Mr. PASCRELL:
H.R. 5302. A bill to extend the temporary suspension of
duty on D-Mannose; to the Committee on Ways and Means.
By Mr. PASCRELL:
H.R. 5303. A bill to suspend temporarily the duty on Sedran
Technical; to the Committee on Ways and Means.
By Mr. PASCRELL:
H.R. 5304. A bill to extend the temporary suspension of
duty on Sorafenib tosylate; to the Committee on Ways and
Means.
By Mr. PASCRELL:
H.R. 5305. A bill to suspend temporarily the duty on
certain capers preserved by vinegar or acetic acid; to the
Committee on Ways and Means.
By Mr. PASCRELL:
H.R. 5306. A bill to suspend temporarily the duty on
certain pepperoncini prepared or preserved otherwise than by
vinegar or acetic acid in concentrations less than 0.5
percent; to the Committee on Ways and Means.
By Mr. PASCRELL:
H.R. 5307. A bill to suspend temporarily the duty on
certain capers preserved by vinegar or acetic acid; to the
Committee on Ways and Means.
By Mr. PASCRELL:
H.R. 5308. A bill to suspend temporarily the duty on
certain pepperoncini prepared or preserved by vinegar or
acetic acid in concentrations at 0.5 percent or greater; to
the Committee on Ways and Means.
By Mr. PASCRELL:
H.R. 5309. A bill to suspend temporarily the duty on
certain pepperoncini prepared or preserved otherwise than by
vinegar or acetic acid; to the Committee on Ways and Means.
By Mr. ROHRABACHER (for himself and Mr. Weldon of
Florida):
H.R. 5310. A bill to amend the Internal Revenue Code of
1986 to provide tax incentives for investing in companies
involved in space-related activities; to the Committee on
Ways and Means.
By Mr. SALAZAR:
H.R. 5311. A bill to amend title 10, United States Code, to
provide for the transfer certain receipts derived from leases
involving Oil Shale Reserves Numbered 1 and 3 to the State of
Colorado, and for other purposes; to the Committee on Natural
Resources, and in addition to the Committee on Transportation
and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Ms. LINDA T. SANCHEZ of California (for herself, Mr.
Conyers, Mr. Cohen, Mr. Watt, Ms. Zoe Lofgren of
California, Mr. Johnson of Georgia, Mr. Kucinich, Ms.
Wasserman Schultz, Mr. Wexler, and Mr. Delahunt):
H.R. 5312. A bill to amend chapter 1 of title 9 of the
United States Code with respect to arbitration of certain
controversies; to the Committee on the Judiciary.
By Mr. SHAYS:
H.R. 5313. A bill to suspend temporarily the duty on a
thermoplastic biodegradable polymer; to the Committee on Ways
and Means.
By Mr. SHAYS:
H.R. 5314. A bill to suspend temporarily the duty on a
thermoplastic biodegradable polymer blend; to the Committee
on Ways and Means.
By Mr. UDALL of New Mexico:
H.R. 5315. A bill to grant the Congressional Gold Medal to
a group of soldiers from World War II; to the Committee on
Financial Services, and in addition to the Committee on House
Administration, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. WALZ of Minnesota:
H.R. 5316. A bill to amend the Internal Revenue Code of
1986 to provide recovery rebates to certain individuals
receiving Social Security or certain veterans benefits; to
the Committee on Ways and Means.
By Mr. WEXLER:
H.R. 5317. A bill to amend part D of title XVIII of the
Social Security Act to limit the increase in premium costs
for beneficiaries under the Medicare prescription drug
program to no more than the Social Security cost-of-living
adjustment, and to direct the Secretary of Health and Human
Services to negotiate lower prescription drug prices on
behalf of Medicare beneficiaries; to the Committee on Energy
and Commerce, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Mr. AL GREEN of Texas (for himself, Mr. Scott of
Virginia, Mr. McDermott, Ms. Lee, Mr. Moore of
Kansas, Ms. McCollum of Minnesota, Mr. Hastings of
Florida, Mr. Meek of Florida, Mr. Serrano, Mr.
Visclosky, Mr. Bishop of Georgia, Ms. Jackson-Lee of
Texas, Mr. Towns, Mr. Thompson of Mississippi, Mr.
[[Page 1790]]
Young of Alaska, Mr. Gene Green of Texas, Ms. Norton,
Mr. Ellison, Mr. Ruppersberger, Mr. Udall of
Colorado, Mr. Wynn, Ms. Matsui, Mr. Cohen, Ms.
Bordallo, Mrs. Christensen, Mrs. Maloney of New York,
Mr. Crowley, Mr. Kildee, Mr. Davis of Illinois, Mr.
Cummings, Mr. Ross, Ms. Linda T. Sanchez of
California, Mr. Fattah, Ms. Woolsey, Mr. Wilson of
South Carolina, Mr. Kucinich, and Mr. Wexler):
H. Con. Res. 289. Concurrent resolution honoring and
praising the National Association for the Advancement of
Colored People on the occasion of its 99th anniversary; to
the Committee on the Judiciary.
By Mr. MANZULLO (for himself, Mr. Crowley, Mr.
Rohrabacher, Mr. Burton of Indiana, Mr. Smith of New
Jersey, Mr. Gallegly, Mrs. Napolitano, Mr. Pence, Mr.
Fortuno, Ms. Watson, Mr. Chabot, Mr. Hastings of
Florida, Mr. Hinojosa, Mr. Royce, Mr. Payne, Mr.
Carnahan, and Mr. Wexler):
H. Con. Res. 290. Concurrent resolution commemorating the
175th anniversary of the special relationship between the
United States and the Kingdom of Thailand; to the Committee
on Foreign Affairs.
By Mr. RODRIGUEZ (for himself and Mr. Miller of
Florida):
H. Res. 963. A resolution supporting the goals and ideals
of National Salute to Hospitalized Veterans Week, and for
other purposes; to the Committee on Veterans' Affairs.
By Mr. DUNCAN:
H. Res. 964. A resolution to promote the safe operation of
15 passenger vans; to the Committee on Transportation and
Infrastructure.
By Mr. ISSA (for himself, Ms. Ros-Lehtinen, Mr. Royce,
Mr. King of New York, Mr. Doolittle, Mr. Gallegly,
Mrs. Biggert, Mr. Daniel E. Lungren of California,
Mr. Miller of Florida, Mr. Walberg, Mr. Bilbray, Ms.
Fallin, Mr. Kingston, Mr. Buyer, Mr. Wilson of South
Carolina, Mr. Keller, Mr. Sali, Mr. Pitts, Ms. Foxx,
Mr. Rehberg, Mr. Pearce, Mr. Broun of Georgia, and
Mr. Campbell of California):
H. Res. 965. A resolution condemning the actions and
statements of Venezuelan president Hugo Rafael Chavez Frias;
to the Committee on Foreign Affairs.
By Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr.
Gordon, Ms. Kilpatrick, Mr. Conyers, Mr. Rangel, Mr.
Rohrabacher, Mr. Scott of Virginia, Mr. Farr, Mr.
Ehlers, Mrs. Maloney of New York, Mr. Kind, Ms. Lee,
Mr. Reyes, Mr. Lampson, Mr. Ross, Mr. Honda, Mr. Van
Hollen, Mr. Butterfield, Mr. Ellison, and Mr.
Sestak):
H. Res. 966. A resolution honoring African American
inventors, past and present, for their leadership, courage,
and significant contributions to our national
competitiveness; to the Committee on Science and Technology.
By Mr. KINGSTON (for himself, Mr. Wamp, and Mr. Wolf):
H. Res. 967. A resolution providing for consideration of
the concurrent resolution (H. Con. Res. 263) to establish the
Joint Select Committee on Earmark Reform, and for other
purposes; to the Committee on Rules.
By Mr. MORAN of Virginia (for himself, Mr. Towns, Mr.
Bishop of Georgia, Mr. Reyes, Mr. Langevin, Mr. Smith
of Washington, Mr. Miller of Florida, Mr. Sestak, Ms.
Bordallo, Mr. Scott of Virginia, Ms. Eshoo, Mr.
Dicks, Mr. Saxton, and Mr. Conaway):
H. Res. 968. A resolution recognizing the 50th anniversary
of the Defense Advanced Research Projects Agency; to the
Committee on Armed Services.
By Mr. SHAYS (for himself and Ms. Herseth Sandlin):
H. Res. 969. A resolution expressing the sense of the House
of Representatives that all employers give veterans a holiday
on Veteran's Day in honor of their service to our country; to
the Committee on Education and Labor.
By Mr. SHIMKUS (for himself, Mr. Kildee, Mr. Lewis of
Kentucky, Mr. Putnam, Mr. Brady of Pennsylvania, and
Mr. McCaul of Texas):
H. Res. 970. A resolution expressing support for
designation of June 30 as ``National Corvette Day''; to the
Committee on Oversight and Government Reform.
____________________
PRIVATE BILLS AND RESOLUTIONS
Under clause 3 of rule XII, private bills and resolutions of the
following titles were introduced and severally referred, as follows:
By Mr. INGLIS of South Carolina:
H.R. 5318. A bill to provide for the liquidation or
reliquidation of entries of certain manufacturing equipment;
to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5319. A bill to provide for the liquidation or
reliquidation of entries of certain manufacturing equipment;
to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5320. A bill to provide for the liquidation or
reliquidation of an entry of certain manufacturing equipment;
to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5321. A bill to provide for the liquidation or
reliquidation of entries of certain manufacturing equipment;
to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5322. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5323. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5324. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5325. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5326. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5327. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5328. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. INGLIS of South Carolina:
H.R. 5329. A bill to liquidate or reliquidate certain
entries of truck tires; to the Committee on Ways and Means.
By Mr. ROSKAM:
H.R. 5330. A bill to provide for the liquidation or
reliquidation of certain entries of bulk aspirin; to the
Committee on Ways and Means.
By Mr. SHAYS:
H.R. 5331. A bill for the liquidation or reliquidation of
certain entries of top-of-the-stove stainless steel cooking
ware from the Republic of Korea; to the Committee on Ways and
Means.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 87: Mr. Bachus.
H.R. 197: Mr. Walz of Minnesota.
H.R. 199: Mr. Sarbanes.
H.R. 406: Mr. Sestak.
H.R. 552: Mr. Wu, Ms. Lee, and Mr. LaTourette.
H.R. 618: Mr. Shimkus and Mr. Pence.
H.R. 685: Mrs. Maloney of New York and Mr. Souder.
H.R. 728: Mr. Mario Diaz-Balart of Florida.
H.R. 758: Ms. Castor and Mr. Sires.
H.R. 818: Mr. Towns, Mr. Al Green of Texas, Mr. Grijalva,
and Mrs. Jones of Ohio.
H.R. 819: Mr. Sestak.
H.R. 867: Mr. McCotter.
H.R. 871: Mr. Crowley.
H.R. 882: Mr. Davis of Kentucky and Ms. Schwartz.
H.R. 901: Mr. Sestak, Mr. Stark, Mr. Frank of
Massachusetts, Mr. Towns, and Ms. Eshoo.
H.R. 914: Mr. Souder.
H.R. 951: Mr. Johnson of Illinois.
H.R. 1000: Mr. Courtney, Mr. Baca, Mr. Becerra, Mr.
Cardoza, Mr. Lincoln Davis of Tennessee, Mr. Doggett, Mr.
Doyle, Mr. Edwards, Ms. Eshoo, Ms. Giffords, Mr. Gordon, Mr.
Mahoney of Florida, Mr. Rothman, Ms. Schwartz, and Mr. Stark.
H.R. 1076: Mr. McIntyre.
H.R. 1078: Mr. Goodlatte, Mr. Capuano, and Mr. McIntyre.
H.R. 1084: Mr. Frank of Massachusetts, Mr. Ellison, and Mr.
Miller of North Carolina.
H.R. 1174: Mr. McCotter.
H.R. 1237: Mr. Calvert, Ms. Richardson, Mr. Stearns, Mr.
Olver, Mr. Walsh of New York, and Mr. Al Green of Texas.
H.R. 1283: Mr. Hinojosa, Mrs. Napolitano, and Mr. Calvert.
H.R. 1312: Mr. McCaul of Texas and Ms. Linda T. Sanchez of
California.
H.R. 1322: Mr. Boswell, Mr. Braley of Iowa, and Mr.
Loebsack.
H.R. 1328: Ms. Baldwin.
H.R. 1333: Mrs. McMorris Rodgers.
H.R. 1497: Mr. Rogers of Kentucky.
H.R. 1552: Mr. Jones of North Carolina.
H.R. 1553: Mr. Udall of Colorado.
H.R. 1584: Mr. Gonzalez and Mr. Thompson of California.
H.R. 1610: Mr. Cardoza.
H.R. 1726: Mr. Sestak, Mr. Van Hollen, Mr. Serrano, and Mr.
Berman.
H.R. 1742: Ms. Norton, Mr. McGovern, Mr. Lewis of Georgia,
Mr. Wolf, Mr. Miller of Florida, Mr. Kind, Mr. Meek of
Florida, Mr. Gordon, Mrs. Bono Mack, and Mr. Cummings.
H.R. 1746: Mr. Shays.
[[Page 1791]]
H.R. 1783: Mr. Towns, Ms. Berkley, and Mr. Cohen.
H.R. 1829: Mr. Porter, Mr. King of New York, and Mr.
Graves.
H.R. 1843: Mr. Murtha and Mr. Langevin.
H.R. 1881: Mr. Andrews.
H.R. 1884: Mr. Marshall, Mr. Patrick Murphy of
Pennsylvania, and Mr. Holt.
H.R. 1992: Mr. Hinojosa, Mr. Watt, Mr. Rothman, and Mr.
Sires.
H.R. 2016: Mr. Porter.
H.R. 2040: Mr. Boyd of Florida, Mr. Baca, Mr. Cardoza, Mrs.
Gillibrand, Mr. Boren, Mr. Thompson of California, Mr.
Pomeroy, Mr. Melancon, Mr. Gordon, Ms. Herseth Sandlin, Mr.
Ellsworth, Mr. Matheson, Mr. Taylor, Mr. Berry, Mr. Cooper,
Mr. Lampson, Mr. Lincoln Davis of Tennessee, Mr. Wilson of
Ohio, Mr. Etheridge, Mr. Michaud, Mr. Arcuri, Mr. Hill, Mr.
Shuler, Mr. Peterson of Minnesota, Mr. Carney, Mr. Chandler,
Mr. Patrick Murphy of Pennsylvania, Mr. Holden, Mr. Mahoney
of Florida, Ms. Bean, Mr. Salazar, Mr. Space, Ms. Harman, Mr.
Costa, and Mr. Hare.
H.R. 2045: Ms. Richardson and Mr. Ryan of Ohio.
H.R. 2048: Mr. Rangel.
H.R. 2049: Mrs. Lowey.
H.R. 2054: Mrs. Boyda of Kansas and Mr. Butterfield.
H.R. 2066: Mrs. Maloney of New York.
H.R. 2221: Mr. Blumenauer.
H.R. 2265: Ms. Slaughter.
H.R. 2303: Mr. Spratt, Mr. Holden, and Mr. Smith of New
Jersey.
H.R. 2312: Mr. Radanovich, Mr. Jones of North Carolina, Mr.
Broun of Georgia, and Mrs. Drake.
H.R. 2327: Mr. Lipinski.
H.R. 2391: Mr. Knollenberg.
H.R. 2405: Mr. Blumenauer and Mr. Schiff.
H.R. 2472: Mr. Barrow.
H.R. 2511: Mr. Shays.
H.R. 2539: Mr. Gonzalez and Mr. Bishop of New York.
H.R. 2564: Mr. Rogers of Kentucky.
H.R. 2567: Mr. Ruppersberger.
H.R. 2708: Mr. Ellison, Mr. Bishop of Georgia, Mr. Boswell,
Mr. Kucinich, Mr. McIntyre, and Mrs. Tauscher.
H.R. 2712: Mrs. Blackburn and Mr. Terry.
H.R. 2734: Mr. Mica.
H.R. 2762: Mr. McCotter, Ms. Giffords, and Mr. Jones of
North Carolina.
H.R. 2784: Mr. Gerlach.
H.R. 2802: Mr. McDermott and Mr. Olver.
H.R. 2818: Mr. Space.
H.R. 2832: Mr. Burton of Indiana.
H.R. 2840: Mrs. Christensen.
H.R. 2909: Ms. Berkley.
H.R. 2922: Mr. Pomeroy, Mr. Oberstar, Mr. Davis of
Illinois, Mr. LaTourette, and Mr. Platts.
H.R. 2933: Mr. McCotter and Mr. Ruppersberger.
H.R. 2990: Mr. Latham and Mr. Boswell.
H.R. 2997: Mr. Rohrabacher and Mr. Cohen.
H.R. 3057: Mr. Goodlatte.
H.R. 3109: Mr. Burgess.
H.R. 3114: Mr. Waxman and Mr. McHugh.
H.R. 3140: Mr. Kind.
H.R. 3189: Mr. McDermott.
H.R. 3210: Mr. Rangel.
H.R. 3232: Mr. Fossella.
H.R. 3286: Mr. LoBiondo.
H.R. 3326: Mr. Cummings, Mrs. Napolitano, and Mr. Berman.
H.R. 3363: Mr. Peterson of Pennsylvania.
H.R. 3368: Mr. Baird and Mr. Sestak.
H.R. 3372: Mr. Sestak.
H.R. 3458: Mr. Miller of Florida.
H.R. 3487: Mr. Duncan.
H.R. 3533: Mr. Sarbanes.
H.R. 3544: Mr. Grijalva.
H.R. 3563: Mr. Towns.
H.R. 3609: Mr. Thompson of Mississippi, Mr. Meek of
Florida, Mr. Dingell, Mr. Lewis of Georgia, Mr. Fattah, Mr.
Allen, and Ms. Solis.
H.R. 3622: Mr. Weldon of Florida, Mr. Cardoza, Mr. Sam
Johnson of Texas, Mr. Putnam, and Mr. Stearns.
H.R. 3634: Mr. Lipinski.
H.R. 3700: Mr. Stupak and Mr. Gonzalez.
H.R. 3713: Mr. Israel.
H.R. 3748: Mr. Hill, Mr. Honda, and Ms. Matsui.
H.R. 3819: Mr. Boswell, Mr. Cohen, and Mr. Frank of
Massachusetts.
H.R. 3834: Mr. Oberstar, Mr. Visclosky, Mr. Welch of
Vermont, Mr. Holt, Mr. Towns, Mr. Lincoln Davis of Tennessee,
Mr. Braley of Iowa, Mr. Bishop of Georgia, Mr. Davis of
Illinois, Mr. Boswell, Mr. Paul, Mr. Wolf, Mr. Scott of
Virginia, Mr. Filner, Mr. Brady of Pennsylvania, Mr. Moore of
Kansas, and Mr. Ross.
H.R. 3842: Mr. Towns.
H.R. 3846: Ms. Berkley and Mr. LaHood.
H.R. 3865: Mr. Stupak.
H.R. 3898: Mr. Goodlatte.
H.R. 3916: Mr. Sullivan and Mr. Reichert.
H.R. 3938: Mr. Boswell.
H.R. 3990: Mr. Waxman and Mr. Doggett.
H.R. 4002: Mr. Hodes.
H.R. 4008: Mr. Wexler, Mr. Boyd of Florida, Mr. Tim Murphy
of Pennsylvania, and Mr. Walberg.
H.R. 4025: Mr. Cleaver and Mr. Braley of Iowa.
H.R. 4055: Mr. Cummings.
H.R. 4061: Ms. Zoe Lofgren of California, Mr. Smith of
Washington, Mr. Wolf, Mr. Frank of Massachusetts, and Mr.
Price of Georgia.
H.R. 4088: Mr. Shays.
H.R. 4122: Mr. Gonzalez and Mr. Cardoza.
H.R. 4123: Mr. Gonzalez and Mr. Cardoza.
H.R. 4133: Mr. Shimkus.
H.R. 4139: Mr. Boucher.
H.R. 4157: Mr. Rogers of Kentucky.
H.R. 4173: Mr. Hastings of Florida and Mr. Cohen.
H.R. 4201: Mr. King of Iowa.
H.R. 4207: Ms. DeLauro.
H.R. 4209: Mr. Moran of Kansas.
H.R. 4218: Mr. McIntyre.
H.R. 4243: Mr. Faleomavaega.
H.R. 4266: Ms. Baldwin.
H.R. 4296: Mr. Terry.
H.R. 4301: Mr. Cummings.
H.R. 4460: Mr. Kline of Minnesota, Mr. Bishop of Utah, and
Mr. King of Iowa.
H.R. 4461: Mr. McGovern.
H.R. 4497: Mr. Aderholt.
H.R. 4651: Mr. Ellison and Mrs. Maloney of New York.
H.R. 4688: Mr. Pastor.
H.R. 4845: Mr. Bartlett of Maryland.
H.R. 4884: Mr. Michaud.
H.R. 4889: Mr. Boswell.
H R. 4930: Mr. Rogers of Kentucky, Mr. Kuhl of New York,
Mr. Saxton, and Mr. Carney.
H.R. 5057: Mr. Cohen.
H.R. 5058: Mr. Tierney, Mr. Cohen, and Mr. Blumenauer.
H.R. 5069: Mr. Michaud.
H.R. 5087: Mr. Michaud.
H.R. 5101: Mr. Doolittle, Mr. David Davis of Tennessee, Ms.
Foxx, Mr. Bartlett of Maryland, Mr. Wilson of South Carolina,
Mr. Pitts, Mr. Wamp, Ms. Fallin, Mr. Price of Georgia, Mr.
Jones of North Carolina, Mr. Souder, Mr. Paul, and Mr.
Sensenbrenner.
H.R. 5128: Mrs. Christensen, Mr. Boswell, and Mr. Stark.
H.R. 5129: Mr. Bishop of Georgia, Mr. Johnson of Georgia,
Mr. Jackson of Illinois, and Ms. Linda T. Sanchez of
California.
H.R. 5132: Mr. Wynn and Mr. Frank of Massachusetts.
H.R. 5139: Mrs. Tauscher.
H.R. 5143: Mr. Becerra, Mr. Edwards, Mr. Yarmuth, Mr.
Filner, Mr. Hare, Mr. Reichert, Mr. LoBiondo, Mr. Gordon,
Mrs. Napolitano, Mrs. Maloney of New York, Mr. Shays, Mr.
English of Pennsylvania, and Mr. Honda.
H.R. 5148: Mr. Fortuno, Mr. Kagen, Ms. Fallin, Mrs. Boyda
of Kansas, Mr. Flake, Mr. Carney, Mr. Wolf, Mrs. Myrick, and
Mr. Souder.
H.R. 5152: Mr. Lantos, Mr. Israel, and Mr. Wynn.
H.R. 5157: Mr. Blumenauer, Mr. Grijalva, Ms. Waters, Mr.
Hastings of Florida, Mrs. Jones of Ohio, Ms. Eshoo, and Ms.
Solis.
H.R. 5160: Mr. English of Pennsylvania.
H.R. 5169: Mr. Hensarling.
H.R. 5171: Mr. Hinchey and Mr. Udall of Colorado.
H.R. 5172: Mr. Hall of New York.
H.R. 5173: Mr. Sarbanes, Mr. David Davis of Tennessee, Mr.
Lincoln Davis of Tennessee, Mr. Allen, Mr. Welch of Vermont,
Mr. Farr, Mr. Van Hollen, Mr. McDermott, Mr. Michaud, Ms.
Berkley, Mr. Honda, Mr. Lewis of Georgia, Mr. Goode, Mr.
Kennedy, Mr. Wynn, Mr. Ruppersberger, and Ms. Herseth
Sandlin.
H.R. 5180: Mr. Johnson of Georgia, Mr. Yarmuth, Mr. Walz of
Minnesota, and Mr. Souder.
H.R. 5222: Mr. Wamp, Mr. McCarthy of California, Mr. Young
of Alaska, Mr. McCaul of Texas, Mr. Bachus, Mr. Flake, Mr.
Goodlatte, Mr. Tiberi, Mr. Davis of Kentucky, Mr. Forbes, Mr.
Rehberg, Mr. Souder, Mr. Bonner, Mr. Shuster, and Mrs. Cubin.
H.J. Res. 54: Mr. Jefferson.
H.J. Res. 76: Mr. Wolf.
H. Con. Res. 32: Mr. Jones of North Carolina, Mr. Snyder,
Mr. Berry, and Mr. Spratt.
H. Con. Res. 106: Mr. Wilson of Ohio.
H. Con. Res. 137: Mr. Hall of Texas.
H. Con. Res. 154: Mr. Crowley.
H. Con. Res. 249: Ms. Schakowsky and Mr. Davis of Illinois.
H. Con. Res. 255: Mr. Donnelly.
H. Con. Res. 263: Mr. Gerlach, Mr. Hoekstra, Mr. Cannon,
Mr. Burgess, Mrs. Cubin, Mr. Alexander, Mr. Graves, Mr.
Shimkus, Mr. Buchanan, Mr. Lincoln Diaz-Balart of Florida,
Mr. Mario Diaz-Balart of Florida, Mr. Duncan, Mr. Rogers of
Alabama, and Mr. LoBiondo.
H. Con. Res. 267: Mr. Sessions.
H. Con. Res. 278: Mr. Hinchey, Mr. Doolittle, Mr. Marchant,
Mr. Berman, Mr. Israel, Mr. Lucas, Mr. Garrett of New Jersey,
and Ms. Clarke.
H. Con. Res. 280: Mr. Conyers, Mr. Engel, Mrs. Maloney of
New York, and Mr. Sestak.
H. Con. Res. 281: Mr. Chandler, Mr. Cohen, Mr. Ryan of
Ohio, Ms. Watson, Mr. Berman, Mr. Whitfield of Kentucky, Mr.
Burton of Indiana, Mr. Hoekstra, Mr. Weldon of Florida, Mrs.
Bono Mack, Mr. Pitts, Mr. Knollenberg, Mrs. Wilson of New
Mexico, Mr. Renzi, Mr. Regula, Mr. Sam Johnson of Texas, Mr.
Young of Alaska, Mr. Akin, Mr. Hulshof, Mr. Tiahrt, Mr. Smith
of Texas, Mrs. Drake, Mr. Walberg, Mrs. McMorris Rodgers, Mr.
Reichert, Mr. Bishop of Utah, Mr. Pearce, Mr. Cannon, Mr.
Sullivan, Mr. Boozman, Mr. Reynolds, Mr. Walsh of New York,
Mr. Lewis of California, Mrs. Capito, Mr. Bilirakis, Ms.
Pryce of Ohio, Mr. Deal of Georgia, Mr. Gingrey, and Mr.
Culberson.
[[Page 1792]]
H. Con. Res. 283: Ms. Watson and Mr. Clay.
H. Con. Res. 285: Mr. Rogers of Kentucky.
H. Con. Res. 286: Mr. Sestak.
H. Res. 111: Mr. Bonner, Mr. Rehberg, and Mr. Weller.
H. Res. 447: Mr. Michaud.
H. Res. 578: Mr. Miller of North Carolina, Mr. Wilson of
South Carolina, Mr. Jones of North Carolina, and Mr.
Grijalva.
H. Res. 679: Mrs. Myrick, Mrs. Tauscher, Mr. Kirk, Ms.
Eddie Bernice Johnson of Texas, and Mr. Bishop of Georgia.
H. Res. 735: Mr. Weiner.
H. Res. 795: Mr. Neal of Massachusetts.
H. Res. 820: Mr. Blumenauer.
H. Res. 821: Mr. Renzi.
H. Res. 829: Mr. Graves.
H. Res. 838: Mr. Putnam.
H. Res. 883: Mr. Towns.
H. Res. 889: Mr. Payne, Mr. Hinojosa, Mr. Rogers of
Michigan, Mr. Gonzalez, Ms. Slaughter, Mr. Klein of Florida,
Mr. Scott of Georgia, Mr. Wexler, and Mr. Crowley.
H. Res. 897: Ms. Eddie Bernice Johnson of Texas.
H. Res. 934: Mr. Sam Johnson of Texas, Ms. Eddie Bernice
Johnson of Texas, Mr. Gonzalez, Mr. Rodriguez, Mr. Doggett,
Mr. Gohmert, Mr. Cramer, Mr. Pastor, Mr. Ramstad, Ms. Solis,
Mrs. Capps, Mr. Cardoza, and Mr. Salazar.
H. Res. 944: Mr. Broun of Georgia, Mr. Cohen, Mr. Skelton,
Mr. Snyder, Ms. Giffords, Mr. Taylor, Mrs. Tauscher, Mr.
Spratt, Ms. Castor, Mr. Reyes, Mr. Abercrombie, Mr. Boren,
Mr. Cooper, Mrs. Boyda of Kansas, Mr. Jones of North
Carolina, Mr. Paul, Mr. Kline of Minnesota, Mr. McKeon, Mr.
Carter, Mr. LoBiondo, Mr. Miller of Florida, Mr. McHugh, Mr.
Gingrey, Mr. Akin, Mr. Forbes, Mr. Boozman, Mr. Shuster, Mrs.
Capito, Mr. Marshall, Mr. Brady of Pennsylvania, Mr. Ortiz,
Mr. Conaway, and Mr. Saxton.
H. Res. 945: Mr. Chandler.
H. Res. 951: Mr. Andrews, Mr. Chabot, Mr. Cohen, Mr. Mario
Diaz-Balart of Florida, Mr. Forbes, Mr. Franks of Arizona,
Mr. Gerlach, Mr. Gene Green of Texas, Ms. Harman, Mr. King of
New York, Mr. King of Iowa, Mr. Kline of Minnesota, Mr.
Lantos, Mr. McCaul of Texas, Mr. McCotter, Mr. McHugh, Mr.
McNulty, Mr. Mitchell, Mrs. Myrick, Mr. Pastor, Mr. Platts,
Mr. Renzi, Mr. Reynolds, Mr. Rothman, Mr. Sensenbrenner, Mr.
Terry, and Mr. Wamp.
H. Res. 952; Mr. Mario Diaz-Balart of Florida, Mr.
Blumenauer, Mr. Becerra, and Mr. Barrow.
H. Res. 958: Mr. Calvert, Mr. McCarthy of California, Mr.
Neugebauer, Mr. Bachus, Mrs. Drake, Mr. McKeon, Mr. Franks of
Arizona, Mr. Broun of Georgia, Mr. Davis of Kentucky, Mrs.
Schmidt, Mr. Price of Georgia, Mr. Flake, Mr. Saxton, Mr.
Gerlach, Mr. Shuster, Mr. McHugh, Mr. Kingston, Mr. Walberg,
Mr. Platts, Mr. Culberson, Mrs. Musgrave, Mr. Thornberry, and
Mr. Mario Diaz-Balart of Florida.
H. Res. 960: Mr. Hinchey, Mr. Israel, Mr. Bishop of
Georgia, Mr. Sherman, Mr. Wexler, Mr. Ryan of Ohio, Mr.
Emanuel, Mr. Murphy of Connecticut, Mr. Clyburn, Mr. Doggett,
Ms. Hooley, Mr. Boswell, Mrs. Tauscher, Ms. Eddie Bernice
Johnson of Texas, Ms. Corrine Brown of Florida, Mr. Campbell
of California, Mr. Lewis of Georgia, Mr. Kind, Mr. Kildee,
Mr. Hill, Mr. Blumenauer, Mr. King of New York, Mr. Moore of
Kansas, Mr. Abercrombie, Mr. Saxton, Mr. Conyers, Mr.
Capuano, Mr. Lynch, Mr. Payne, Mr. Scott of Georgia, Mr.
Hoyer, Mr. Oberstar, Mr. Berry, Mr. Snyder, Mr. Wilson of
Ohio, Mr. Ellsworth, Ms. Linda T. Sanchez of California, Mr.
Rangel, Mr. Space, Mr. Arcuri, and Mr. Altmire.
H. Res. 962: Ms. Zoe Lofgren of California, Mrs. Tauscher,
Ms. Richardson, Ms. Harman, Ms. Roybal-Allard, Mr. Schiff,
Ms. Watson, and Mr. Filner.
[[Page 1793]]
EXTENSIONS OF REMARKS
____________________
CONGRATULATING DALE FISSELER, THE NEW CITY MANAGER FOR THE CITY OF FORT
WORTH, TEXAS
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. BURGESS. Madam Speaker, I rise today to congratulate Dale
Fisseler on obtaining the position of City Manager for the City of Fort
Worth. Mr. Fisseler was recently promoted from his previous position
with the City of Fort Worth as Assistant City Manager and will now be
taking over the reins as City Manager of the fifth largest city in
Texas.
Mr. Fisseler has been working for the City of Fort Worth since 1990,
where he started as a Water Superintendent. In 1999, he was named
Director of the City of Fort Worth's Water Department, which provides
water to almost 1 million people throughout Fort Worth and Tarrant
County.
Many local officials agree that Mr. Fisseler is most deserving of
this position. Fort Worth Mayor Mike Moncrief supported this notion by
stating that ``obviously Mr. Fisseler is familiar with our city's
history, challenges and opportunities. We are very pleased that the
best person for the job was already a member of our Fort Worth
family.''
It with great honor that I congratulate Dale Fisseler on this
deserving opportunity and wish him the best in his future endeavors.
The North Texas region is truly fortunate to have the type of dedicated
public servant that Dale Fisseler personifies, and I wish him every
success during his tenure as the City Manager of Fort Worth.
____________________
HONORING MARSHALL HENTHORNE, NICK NULL, JEFFERY SHOWALTER, AND MARK
STRICKLAND FOR THEIR HEROIC EFFORTS
______
HON. SHELLEY MOORE CAPITO
of west virginia
in the house of representatives
Thursday, February 7, 2008
Mrs. CAPITO. Madam Speaker, I rise today to honor Marshall Henthorne,
Nick Null, Jeffery Showalter, and Mark Strickland for their heroic
efforts in responding to a tractor-trailer accident.
On December 10, 2007 a tractor trailer flipped over the side of the
Interstate 64 Bridge in Charleston, West Virginia and fell 80 feet into
the Kanawha River. The two men in the tractor trailer were submerged in
the cold waters of the Kanawha River and trapped in the cab for nearly
20 minutes.
Corporal Nick Null of the Charleston Police Department was the first
on the scene to aid the rescue efforts. Lieutenant Mark Strickland of
the Charleston Police Department and firefighters Jeffery Showalter and
Marshall Henthorne of the Charleston Fire Department all worked to cut
the top of the cab to get the two men, Huseen Awad, and Phillip
Chaizoi, 57 of Columbus, Ohio to safety.
These four men demonstrated courage and selflessness and in diving
into the cold, swift, current of the Kanawha River to save the lives of
these two men. Both men were rushed to Charleston Area Medical Center
and sent to the intensive care unit where Chaizoi was listed under
evaluation and Awad later perished.
I am proud to honor Marshall Henthorne, Nick Null, Jeffery Showalter,
and Mark Strickland as hometown heroes and I'm proud to call them
fellow, West Virginians.
____________________
IN HONOR OF PEARL CAREY
______
HON. SAM FARR
of california
in the house of representatives
Thursday, February 7, 2008
Mr. FARR. Madam Speaker, I rise today to honor a great American and
community servant, Pearl Carey, for her lifetime of achievements and
service above self. Pearl is a long time resident of the Monterey
Peninsula. All of us who have had the good fortune over the years to
befriend her, know that Pearl has been one of the busiest people on the
Monterey Peninsula--a true divine spark who has helped to light the way
for all.
Pearl grew up in Oklahoma, her girlhood ambition was to become a
Christian missionary in Africa. She never realized that dream, but
instead devoted much of her adult life to helping improve the lives of
those around her, particularly children. She worked with the local
YMCA, Salvation Army, Community Theater of Carmel, the National Council
of Negro Women and the United Fund. Working with children has been one
of her primary passions. ``I just love kids,'' is her simple
explanation. She was the employment interviewer in the Neighborhood
Youth Corps and Job Corps, worked with Head Start, owned and operated a
child care center, was the CETA coordinator in the Monterey Peninsula
Unified School District, and is a life member of the PTA.
The list of Pearl's general community activities is also long. She
was a member of the National Council of Negro Women, an advisory member
of the Welfare Rights Organization, volunteered at Eskaton Hospital, a
board member of Turning Point Prison Mother Program, and chaired the
Seaside Community Heart Fund. Her political involvement included stints
as the minority coordinator for California Governor Jerry Brown's 1968
campaign, screening co-chairperson for George McGovern's California
primary campaign, co-chair of the Northern California Black Caucus and
the State Affirmative Action Committee, and delegate to the 1972
Democratic convention.
On top of all of her public service activities, Pearl has also been
a local, regional, and even national leader in the golf community. Golf
has always held an attraction for Pearl, but as a youth, few if any
opportunities to play were available for an African American woman.
When her military husband was stationed on the Monterey Peninsula,
Pearl decided to take lessons and realize her ambition. She quickly
expanded her golf game beyond the occasional game. Over the years, she
has served as president of the Pacific Women's Golf Association,
president and treasurer of the Western States Golf Association,
president of the Seaside Women's Golf Club, and founder and director of
the Seaside Junior Golf Program. She received the Joe Dey Award from
the USGA, California Golf Writers Award, and Northern California Golf
Association Golden State Award, honoring her for her activities. Today,
Carey is involved with the First Tee of Monterey County, along with her
duties at the Seaside Junior Golf Program, board of directors for the
AT&T Junior Golf Association, and as the treasurer of the Western
States Golf Association.
Madam Speaker, the list goes on and on, and we cannot hope to list
all of her many activities throughout her life. Most people would he
happy with a fraction of her accomplishments. On February 9, 2008,
Pearl will receive another honor in Monterey, the NAACP President's
Award. No better choice could have been made than Pearl Morris Carey. I
know my fellow members join me in congratulating her upon this well-
deserved tribute.
____________________
PERSONAL EXPLANATION
______
HON. K. MICHAEL CONAWAY
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. CONAWAY. Madam Speaker, on rollcall No. 29 H. Res. 867--
Commending the Houston Dynamo soccer team for winning the 2007 Major
League Soccer Cup, I was attending a funeral for a soldier killed in
Iraq.
Had I been present, I would have voted ``yea.''
____________________
TORNADOS THAT AFFECTED ARKANSAS
______
HON. MARION BERRY
of arkansas
in the house of representatives
Thursday, February 7, 2008
Mr. BERRY. Madam Speaker, I rise here today to offer our thoughts and
prayers to the
[[Page 1794]]
victims of the recent tornados that have devastated many parts of
Arkansas and the surrounding region. On behalf of the Congress I
especially extend our sympathies to the families who have lost a loved
one in this terrible tragedy.
As we move to rebuild our State, I commend all those who have reached
out to their neighbors to provide assistance in this time of need. As
families and businesses begin the cleanup process, I am committed to
helping these individuals get the resources they need to rebuild their
lives and communities.
Arkansans are great people who exemplify Southern hospitality and I
have great faith our communities will persevere and prevail through
this difficult time.
____________________
PERSONAL EXPLANATION
______
HON. JOHN CAMPBELL
of california
in the house of representatives
Thursday, February 7, 2008
Mr. CAMPBELL of California. Madam Speaker, on February 6, 2008, I
missed rollcall votes 29-31. My flight from California to Washington,
DC, did not get me back in time. Had I been here, I would have voted
``yes'' on all three votes.
Rollcall Vote 29: On Motion To Suspend the Rules and Agree to H. Res.
867, Commending the Houston Dynamo soccer team for winning the 2007
Major League Soccer Cup;
Rollcall Vote 30: On Motion To Suspend the Rules and Agree to H. Res.
942, Recognizing the significance of Black History Month; and
Rollcall Vote 31: On Motion To Suspend the Rules and Agree to H. Res.
943, Remembering the space shuttle Challenger disaster and honoring its
crew members, who lost their lives on January 28, 1986.
____________________
IN MEMORY OF JUNE IMPSON
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. BURGESS. Madam Speaker, I rise today to remember June Impson,
longtime professor for Texas Women's University and beloved local
artist to the citizens of North Texas.
Ms. Impson was on the faculty of the Texas Women's University
Department of Family Sciences from 1976 until her retirement in 1998.
During her career in academia, she continued to pursue art and was an
active member of the Denton, Texas-based Visual Arts Society of Texas.
She served as an officer in the society, and Ms. Impson also taught
workshops and learned alongside her fellow members.
Ms. Impson was known for her paintings and collages of flowers,
especially the wildflowers of Texas. ``I love nature,'' Ms. Impson once
said. ``All of it. Rocks, and dirt.''
Her work was described as ``immediate, bold, and beautifully
painted.'' She was thought by many to be inspirational, gentle,
imaginative, encouraging, and inclusive and she will be greatly missed
in the art community as well as the North Texas and Texas Women's
University communities.
She was so loved by the art community around her that the Visual Arts
Society of Texas established a scholarship fund in Ms. Impson's name
before her death.
I extended my thoughts to her husband, Billy Roy Switzer, and her two
sons, Loren and Keiller, as well as a long list of family members and
friends. June Impson will be greatly missed by the many that are
fortunate enough to have known her, and I am certain that her artwork
will continue to inspire others for years to come.
____________________
HONORING THE COPPELL FIRE DEPARTMENT
______
HON. KENNY MARCHANT
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. MARCHANT. Madam Speaker, a golden anniversary is indeed a special
milestone, and today I am proud to recognize the Coppell Fire
Department's 50th anniversary. This exemplary and dedicated group of
firefighters continues a proud 50-year long tradition of excellence.
As emergency responders for the City of Coppell, Texas, the Coppell
Fire Department prides themselves on building a safe community through
exceptional services. The Coppell Fire Department provides fire
prevention, fire suppression, transport emergency medical services, and
technical rescue to the City of Coppell and the North Texas Region. The
Department also offers special community services such as a Smoke
Detector Program, Fire Extinguisher Training, Fire Safety Training, CPR
Training, and Child Safety Seat Installation, just to name a few.
The Coppell Fire Department includes 92 highly trained members
operating from four facilities strategically located throughout the
city. Each member is fully committed to continuing the traditions of
providing a level of public service that is second to none.
Chief Kevin Richardson and his department will be celebrating the
50th anniversary all year long. In honor of the occasion, a special
commemorative helmet shield has been designed, restoration of the
department's first fire engine is complete, and a commemorative album
will be used to honor the department's 50 years of service to the
community.
The Coppell Fire Department's 50 years of hard work and commitment to
the citizens of Coppell is worthy of recognition. I offer my sincere
congratulations on their golden anniversary, and I am most honored to
represent this outstanding department in the 24th District of Texas.
____________________
CONGRATULATING THE 2007 WEST VIRGINIA BOYS SOCCER STATE CHAMPIONS
______
HON. SHELLEY MOORE CAPITO
of west virginia
in the house of representatives
Thursday, February 7, 2008
Mrs. CAPITO. Madam Speaker, I rise today to congratulate the 2007
West Virginia Boys Soccer State Champions, the George Washington High
School Patriots of Charleston, West Virginia.
The West Virginia State Tournament took place in Beckley on November
3, 2007. The Patriots played defending champions, Hurricane High School
in the final game of the tournament.
Head Coach Tom Hopper, who was named 2007 WV Soccer Coach of the Year
and assistant coaches; Dave Nelson, Kevin Cushing, Dan Thistlethwaite
and Gordon Green led the young men to victory winning overall 18-4-3
season. The Patriots made George Washington High School history, as the
first soccer team to win a state championship.
The players include captains; Connell Green, Sam McElwee, Yale Tiley,
and Zack Claudio and Tyler Chiartas, Adam Boland, Jesse Dreyer,
Christopher Power, Luca DiPiero, PJ Wolfe, Jake Stevens, Ian
Thistlethwaite, Evan Loflin, Charlie McElwee, Andrew Robey, Kurt Suter,
Thomas Edens, Blair Suter, Paul Stroebel, Shahir Amin, and Adeeb
Derakhshan.
Madam Speaker, it gives me great pride to acknowledge the George
Washington High School Patriots as the 2007 West Virginia Boys Soccer
State Champions. Again, congratulations to these talented young men.
____________________
IN HONOR OF JOSEPH ST. CLAIR
______
HON. SAM FARR
of california
in the house of representatives
Thursday, February 7, 2008
Mr. FARR. Madam Speaker, I rise today to honor the life of a man of
action and principle, Mr. Joseph St. Clair. Joe and his wife, Maria,
came to the United States from Hungary in 1939. When this country
entered World War II he was required to take his family back to
Hungary. As a civilian English and history teacher in German-occupied
territory, he was assigned to monitor American prisoners of war. He
refused to cooperate with the Germans and had to go into hiding. The 6-
week long winter siege of Budapest by the U.S. was a particularly
difficult time for his friends and family, living in a bomb shelter and
coming out at night to butcher frozen horses to feed themselves. Living
through these experiences shaped his character and priorities: devotion
to family, service above self, and leadership.
After the war he was again in danger, this time from the Communist
Party. As friends and colleagues disappeared, he realized that he
needed to get his family out of Hungary. With the help of Americans,
Joe was able to get them all to Switzerland, and eventually back to the
United States. He changed his
[[Page 1795]]
family name to St. Clair and moved to Monterey, where in 1948, he
became the founding chairman of the Hungarian Department in the newly
formed Army Language School, now known as the Defense Language
Institute. In 1970 his department was given the Abraham Lincoln Award
of the American Hungarian Studies Foundation because ``. . . never
before nor anywhere else in the world has the Hungarian language and
culture been taught so effectively to so many students of non-Hungarian
background as it has been by the Hungarian Department of DLIWC.''
Joe and Maria met during their college days at the University of
Budapest where he was the leader of the Catholic men's service
organization, and she was the head of the Catholic women's
organization. They had four sons, Joseph Jr., Akos, George, and Robert,
three grandchildren and two great-grandchildren. Joe spent many years
as a Boy Scout leader and won special awards and citations from that
organization.
Joe's life was one of service to his community. In addition to being
his sons' scoutmaster, he was active in Kiwanis and the Knights of
Columbus. At one time he held the record for donating more blood than
anyone else on the Monterey Peninsula. After retirement he moved to
Scotts Valley in Santa Cruz County. He volunteered with the Red Cross
and became chairman of the board of directors of the California Gray
Bears, a pioneering self-help organization of senior citizens. With the
Gray Bears he harvested vegetables, distributed the food to home-bound
seniors, and operated the largest recycling center in Santa Cruz
County. For one of his awards, it was estimated that he had clocked
over 10,000 hours of community service.
When Joe retired after 30 years at the Language School, he was given
the Department of the Army's second highest civilian award for
meritorious service. The wording on the citation in part sums up the
man who was Joe St. Clair: ``Mr. St. Clair understood the
responsibility of the manager as being primarily one of leadership in
the highest sense of the word. In whatever position or assignment he
received, Joe St. Clair was invariably an enlightened guide, a
relentless, demanding, but inspiring leader both to his students and
his faculty.''
Madam Speaker, I know my colleagues will join me in honoring the life
of this admirable man, and we are grateful that he chose to become a
citizen of our country.
____________________
CELEBRATING THE BIRTHDAY OF SINGER, SONGWRITER, ACTIVIST, AND INSPIRER
BOB MARLEY
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Thursday, February 7, 2008
Mr. RANGEL. Madam Speaker, I rise today in reverent celebration of
the birthday of Robert Nesta Marley, a man whose musical genius
provided the soundtrack to the politically awakening times of the '60s
and '70s. Through song, he attempted to forge a new world order,
infusing his calls for nonviolence, unity, and faith with an
enthralling reggae beat that propelled the sound of Jamaica
internationally.
On this day, the anniversary of his birth, the world rejoices in the
myriad contributions his unique voice made to reggae music, to
Rastafarian religion, to social justice and peace. He serves, still, as
an ambassador for the Jamaican essence, personifying through his
undying image and legacy the diverse people of that island and its rich
culture.
His sound sprung from the slums of Kingston. But--surrounded by
economic devastation, political violence, and the intolerance of his
mixed-race heritage--he clung to optimism, instead. The sanguine
anthems of ``One Love'' and ``No Woman, No Cry'' gave voice to the
oppression of poverty and its effect on the human spirit, captivating a
generation and spanning the globe in its power and scope.
For this, we honor him--stirred, touched, inspired by his cause.
____________________
PERSONAL EXPLANATION
______
HON. K. MICHAEL CONAWAY
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. CONAWAY. Madam Speaker, on rollcall No. 30, H. Res. 942--
Recognizing the significance of Black History Month, I was attending a
funeral for a soldier killed in Iraq.
Had I been present, I would have voted ``yea.''
____________________
HONORING THE LIFE AND SERVICE OF INDIANA REPRESENTATIVE RICHARD MANGUS
OF LAKEVILLE, INDIANA
______
HON. JOE DONNELLY
of indiana
in the house of representatives
Thursday, February 7, 2008
Mr. DONNELLY. Madam Speaker, today I rise to honor the life of
distinguished former State Representative Richard Mangus. Mangus, age
77, suffered a heart attack Monday, February 4, 2008 and sadly passed
away.
Mr. Mangus' career in public service began in 1972 upon his election
to the Indiana General Assembly. After his initial term was complete,
Mr. Mangus won 15 additional elections, serving a total of 32 years. A
dairy farmer for 60 years, Mangus excelled in representing the
agricultural community--he knew the farmers and the types of issues
they faced, and he shared a great concern for the environment. During
his time in office, Mangus served as Chairman of the House Election
Committee, the House Environmental Committee, and the House Natural
Resources Committee. Inside the Assembly, Mangus was known for his
fiery spirit, his use of theatrics and drama to prove a point, and his
no-nonsense wisdom. It has been said that Mangus did not speak often,
but when he did, it deserved complete attention, for he was a true
political genius.
Dick Mangus' illustrious career of service has been recognized by
numerous honors and awards; in fact, he was a three-time winner of the
Sagamore of the Wabash honor. He has been honored as both Police
Legislator of the Year and Professional Firefighter Legislator of the
Year; he received the District Soil and Water Conservation Special
Recognition Award for Support of District Programming, as well as the
4-H Leadership 20 year Service Award, Izaak Walton League Environmental
Achievement Award, and the award for the Junior Chamber of Commerce
Outstanding Citizen of the Year. Mangus was also appointed as a member
of the Department of Natural Resources Commission.
Outside of his career in the state legislature, Dick Mangus served
his country in the United States Army as well as owned and operated a
successful family dairy farm. In 1951, he married his sweetheart, Mary,
and they were together for 56 years. During this time, they raised five
children: Marcia, Russell, Richard, Ronald, and Ryan. Mangus was a
grandfather of seven and great-grandfather of ten.
Despite his claim to be ``just a dairy farmer from Lakeville,''
Mangus will be remembered as much more. His legacy as a public servant
will be defined by his passionate advocacy, creative methods, and
humble approach. He will be dearly missed by his family, his
constituents, and all Hoosiers. It is with great pride and honor that I
enter former State Representative Richard Mangus' name into the United
States Congressional Record.
____________________
HONORING LESTER RAY WISEGERBER
______
HON. TED POE
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. POE. Madam Speaker, I would like to recognize the fine work and
outstanding public service of my friend, Lester Ray Wisegerber. In
2004, Lester Ray Wisegerber became president of the Dayton Chamber of
Commerce. He drew upon his diverse background to lead and represent the
city of Dayton. Being a true Texan and Dayton resident for 72 years,
his happy spirit and love of the town made Lester Ray a natural
promoter of the city.
Celebrating their 57th wedding anniversary last December, Lester Ray
and his wife Betty Jo are the proud parents of four children, 12
grandchildren and eight great grandchildren. During his lifetime Lester
Ray has worn many hats, working for instance as a rancher, and a rice
farmer. He helped form the Seaberg Rice Company and is also an
inventor. His inventions include the ``Easy Start'', Dr. Hennessey's
Dental Flosser, and a fuel saving motor.
Lester Ray has a long career in public service. Throughout the years,
he has assisted and been recognized by numerous boards and
organizations. For two terms, he served on the Dayton City Council. He
served on the board of the Liberty County Farm Bureau. He served on the
Dayton ISD school board for fifteen years. His service to Dayton ISD
has helped improve both the life and education for the children of our
community. As a former bronco
[[Page 1796]]
football player, Lester Ray's love for sports gave way to the
organization of the Bronco Booster Club Oyster Supper. For twenty four
years, Lester Ray served in the Dayton Volunteer Fire Department. The
list of this model citizen's accomplishments will have lasting effects
on our children and our community.
Actively involved in local politics, Lester Ray currently serves as
the chairman of the Liberty County Republican Party. During this time,
he has successfully promoted candidates for numerous elected positions.
His hard work and love for Liberty County has earned him enduring
respect throughout the community.
On behalf of the Second Congressional District of Texas, I commend
this remarkable Texan for his exemplary service and dedication to the
city of Dayton.
And that's just the way it is.
____________________
HONORING THOMAS O. MEFFERD
______
HON. PETER J. ROSKAM
of illinois
in the house of representatives
Thursday, February 7, 2008
Mr. ROSKAM. Madam Speaker, I rise today to honor Thomas Mefferd for
his 22 years of dedication and service to DuPage County.
Tom began his career in emergency management in 1971 as the Civil
Defense Director for the Village of Plainfield, IL, a position he held
for 10 years.
In 1981, Tom left municipal government and became an instructor for
the Federal Emergency Management Agency, FEMA. While there, he was
responsible for conducting training courses and disaster exercises in
FEMA Region 5.
In 1988, Tom returned to local government service and became the
Deputy Coordinator of the DuPage County Office of Emergency Management,
where he oversaw disaster planning and training activities.
In recognition of his exemplary role as Deputy Coordinator, Tom was
appointed Coordinator of the DuPage County Office of Emergency
Management in 1995. While holding this position, he supervised the
renovation of the county's Emergency Operations Center, designed the
county's Mobile Operating Center and the installation of Illinois'
first Emergency Alert System.
He also serves as a member on the Illinois Terrorism Task Force.
In 2003, Tom became the Director of the DuPage County Office of
Homeland Security and Emergency Management, as DuPage became the first
county in Illinois to merge the roles of emergency management and
homeland security.
Tom's steadfast dedication to protecting our communities has spanned
more than two decades. On February 29, 2008 he will begin a well
deserved respite. Thanks to Thomas Mefferd, DuPage County's emergency
management system is clearly a cut above the rest.
Madam Speaker and distinguished colleagues, please join me in
honoring the distinguished career and service of Thomas Mefferd.
____________________
IN MEMORY OF ROBERT HAL JACKSON
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. BURGESS. Madam Speaker, I rise today to honor Robert Hal Jackson,
a life-long North Texan who passed away at 87 years of age on Saturday,
January 19, 2008.
Robert Hal Jackson devoted his life to helping and protecting others.
Born on November 29, 1920, in Denton, Texas, he graduated from North
Texas State Teacher's College, now known as the University of North
Texas, in 1941. Mr. Jackson enrolled in law school at the University of
Texas but left to join the Navy Air Corps on January 1, 1942. On
November 14th of that year, he married his wife Barbara Hancock before
serving three tours of duty in the South Pacific during World War II.
He was a member of the VF-17 Skull & Crossbones Squadron and received a
Silver Star for his part in the aerial attack that sunk the Yamato,
Japan's largest battleship.
Upon returning from the war, Jackson finished his degree at Baylor
University and Southern Methodist University. He served two terms in
the Texas State Legislature representing Denton, and earned his law
license in 1952. Continuing his commitment as a public servant, Mr.
Jackson chose to be a defense attorney in the criminal courts,
believing that the American justice system relied on strong, dedicated
lawyers to compel the government to prove its case beyond a reasonable
doubt. Mr. Jackson was most assuredly one of those lawyers, receiving
respect from both sides of the court room for his unwavering commitment
to his work.
Mr. Jackson was a member of the Denton County Bar Association, the
Denton County Criminal Defense Lawyers Association, and a founding
member of the Texas Criminal Defense Lawyers Association. He served on
the Denton Airport Board for two years, and was an avid supporter of
the Boy Scouts of America. Mr. Jackson was inducted into the Denton
County Criminal Defense Attorneys Association's Hall of Fame in March
2006. He is survived by his wife Barbara, whom he was married to for 65
years, and several cousins.
Madam Speaker, today I would like to recognize and celebrate the life
of Mr. Hal Jackson, one he spent serving our country, both in the war
and in the courtroom. His loyalty and allegiance to this nation will be
sorely missed, but his memory will remain as an inspiration to those
who were fortunate enough to have known him. I extend my sincerest
sympathies to his family and friends; he will truly be missed by all.
____________________
RECOGNIZING THE 35TH ANNIVERSARY OF CHRISTIAN COMMUNITY ACTION
______
HON. KENNY MARCHANT
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. MARCHANT. Madam Speaker, I rise today to honor Christian
Community Action on the occasion of its 35th Anniversary for providing
financial and spiritual needs for the underprivileged in southern
Denton County.
Christian Community Action (CCA) was founded on February 22, 1973 by
a small group of Christians whose resolve was to care for ``the least
of the brethren.'' Local mainstream Christian pastors and their
congregations were asked to donate food, clothing, furniture, house
wares and money. Tom Duffy, founder and the original President of CCA,
started organizing their efforts from a residential garage but CCA soon
outgrew that space and moved to their current headquarters in downtown
Lewisville, Texas. Under Mr. Duffy's tenure, CCA went from a
volunteer--run storefront to three full--scale Resale stores that earn
approximately $5 million each year to assist needy families. The number
of those receiving help also saw an increase from a handful of families
in 1973 to more than 15,000 individuals this past year.
Christian Community Action continues to expand its services to those
who need it most in more than 46 communities. They compassionately
assist families financially with their needs of today while helping
them learn to one day live independently for a brighter tomorrow. In
addition, CCA encourages spiritual growth providing religious
opportunities to further their chances of success. CCA is committed to
being responsible and faithful stewards of the donations they receive
ensuring that their work directly benefits families in crisis
situations.
I am honored to pay tribute to Christian Community Action and the
valuable contributions they provide to those in need. I commend CCA for
their dedication, commitment and service to disadvantaged families in
Lewisville, Texas, and the surrounding communities, during the last 35
years.
____________________
CONGRATULATING NEW YORK: LAND OF GIANTS
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Thursday, February 7, 2008
Mr. RANGEL. Madam Speaker, I rise today to place in the Congressional
Record and allow two editorials, the Feb. 5 New York Post piece ``They
Shocked the World'' and the Daily News' ``Land of the Giants,'' to
speak to the inarguable superiority of New York's football team, the
Giants. In what has become one of the greatest upsets ever, the
underdog Giants ended the New England Patriots' hopes for a perfect
season and brought the title home to the Big Apple and New Jersey.
The tenacity of this championship team carried it over the finish
line--from the steady leadership of its most valuable player, Eli
Manning, and head coach, Tom Coughlin, to the late-breaking plays from
wide receivers David Tyree and Plaxico Burress. The 17-14 nail biter
was a match of wills and mettle, and the people of New York are proud
that their team came out on top.
Congratulations are in order for the New York Giants, and its
supporters, in its win of Super Bowl XLII.
[[Page 1797]]
They Shocked The World
Everyone knew that Super Bowl XLII was going to make
history.
Either the world would witness the coronation of Tom Brady,
Bill Belichick and the New England Patriots as masters of a
once-in-a-generation perfect season . . . or it would see one
of the greatest football upsets ever.
But no one could possibly have foreseen that the Eli
Manning-led New York Giants would pull off that upset with
one of the most iconic performances in Super Bowl history:
two fourth-quarter touchdown drives, including one to take a
final lead with mere seconds remaining.
The team is being honored this morning with a much-deserved
parade through New York's Canyon of Heroes, from Battery Park
to City Hall.
Theirs was a performance, indeed, that could shape the game
for years to come--if New York's already proud football
history is any indication.
Take the 1958 NFL championship at Yankee Stadium--``the
greatest game ever played''--where legendary quarterback
Johnny Unitas' own late-game heroics led the Baltimore Colts
to a thrilling overtime victory over the Giants.
It was a devastating loss for New Yorkers, but a huge
blessing to the sport. Football caught the nation's
imagination as never before, and the country soon discovered
that its even pace, regular breaks and hard-hitting action
made the game perfectly suited for the television era.
Within two years, the NFL boasted two new teams, and the
newly formed American Football League (the leagues decided to
merge in 1966) added eight more.
New York got its revenge in 1969, anyway, when ``Broadway
Joe'' Namath famously guaranteed--and delivered--victory for
his (AFL) Jets over the heavily favored Colts in Super Bowl
III.
That victory was just as significant, shattering the image
of AFL (now AFC) teams as talent-challenged upstarts and
bringing an exciting and competitive parity to the sport
that's propelled it toward unambiguous national-pastime
status.
And who can blame Americans for falling in love when the
sport's biggest game regularly features epic thrillers like
Super Bowl XXV, the Giants' 1991 nail-biter win? (That game,
incidentally, saw both Belichick and current Giants' coach
Tom Coughlin under the tutelage of coaching great Bill
Parcells.)
Or Super Bowl XXXVI in 2002, for that matter, when a young
Tom Brady led his Patriots to a stunning upset over the
powerhouse of the day, Kurt Warner and the St. Louis Rams?
Sound familiar?
For Eli and the Giants, this could be just the beginning.
As for New York--well, suffice it to say that Sunday wasn't
the first time the locals have made football history.
Likely won't be the last, either.
____
Land of the Giants
See that look of joy on Eli Manning's face? Just about any
New Yorker can look in a mirror and see the same. Even two
days after the most breathtaking Super Bowl finish in
history.
You can also see the look on Manning's face in person
Tuesday. Along with the smiles of Tom Coughlin and Plaxico
Burress and David Tyree and all the other Giants as they
travel up the Canyon of Heroes in a ticker-tape (these days,
confetti) parade.
And richly deserved the celebration is. The Giants' end-of-
the-season run was something to behold. They were tougher,
smarter, faster--just plain better--than the supposedly
invincible competition.
Including the now-imperfect New England Patriots:
The team that had everything going for it, the running,
passing, blocking and Captain America at quarterback.
The team that was coached by no mere mortal, but by a
genius.
The team that was named by so many as the finest pro
football squad of all time.
There was none better than the Patriots, they all said, and
they were wrong. Because when it counted, the Giants proved
their mettle.
The parade is set to start at 11 a.m. at Battery Place and
end at City Hall, following the route on which New York City
has traditionally cheered accomplishments that lift the civic
soul, some in sports, others of a far more profound nature.
It's where the Giants belong this day.
Regardless of their unfortunate address--an exile forced by
municipal stupidity--the Jints are a New York institution,
big enough for Broadway, far too large for Moonachie.
Go and enjoy. Go and soak up all the glory and hear the
wall of sound echoing up the canyon. Once experienced, it is
never to be forgotten.
Just like Super Bowl XLII.
You've been replaying it in your head, haven't you? At
least the final 1:15 minutes. Which were the most amazing in
Super Bowl history.
There's Manning, whose abilities were so often questioned,
who responded to all the doubts with class. He has the ball.
The Patriots have his jersey. He breaks free, sets up and
fires a high one to Tyree amid defenders. Tyree makes that
one-handed catch, the catch that had to be seen to be
believed. And even then was unbelievable.
The Pats still lead 14-10. Manning lofts the ball to
Burress. Touchdown. Extra point. Giants, 17; New England, 14.
Proving that it ain't over till it's over, a truism observed
by all--except by ungracious, unsportsmanlike Bill Belichick.
What happened Sunday goes into the annals of Great New York
City Sports Moments, along with the championships of the '69
Jets, '69 Mets, '94 Rangers, and '87 and '91 Giants. As co-
owner John Mara noted, ``It's the greatest victory in the
history of this franchise.''
____________________
PERSONAL EXPLANATION
______
HON. K. MICHAEL CONAWAY
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. CONAWAY. Madam Speaker, on rollcall No. 31 H. Res. 943--
Remembering the space shuttle Challenger disaster and honoring its crew
members, who lost their lives on January 28, 1986, I was attending a
funeral for a soldier killed in Iraq. Had I been present, I would have
voted ``yea.''
____________________
HAPPY NEW YEAR TO THE ORGANIZATION OF CHINESE-AMERICANS
______
HON. JASON ALTMIRE
of pennsylvania
in the house of representatives
Thursday, February 7, 2008
Mr. ALTMIRE. Madam Speaker, I would like to wish the Pittsburgh
Chapter of the Organization of Chinese-Americans a happy and healthy
New Year for the year 4706, the year of the rat.
I hope this New Year brings the Chinese-American community of
Pittsburgh much joy and thanksgiving. I am thankful for the positive
impact this organization has had on the lives of Chinese-Americans and
Pittsburgh as a whole. Chinese-Americans have greatly contributed to
the progress of Pittsburgh as well as the entire nation. I am very
honored for this opportunity to wish them a very happy 4706.
I ask my colleagues in the United States House of Representatives to
join me in wishing the members of the Organization of Chinese-Americans
a very happy and prosperous New Year.
____________________
FOREST LANDSCAPE RESTORATION ACT
______
HON. RAUL M. GRIJALVA
of arizona
in the house of representatives
Thursday, February 7, 2008
Mr. GRIJALVA. Madam Speaker, today I am introducing the Forest
Landscape Restoration Act. This Act establishes the ``Collaborative
Forest Landscape Restoration Program'' to develop, select, and fund
landscape-scale forest restoration projects on Federal lands. This
would include 10 collaborative forest restoration projects annually on
a landscape-scale of at least 50,000 acres of Federal lands.
While there is more discussion to be had on the particulars, I think
that the framework of this measure addresses some fundamental and
critical concepts.
First and foremost, this bill at its core focuses on restoring the
ecological integrity of our Federal lands. Restoration proposals must
address a number of key ecological restoration components, including
improving fish and wildlife habitat, improving water quality,
maintaining and decommissioning roads, and addressing invasive species
problems.
Second, this bill is built around a collaborative process.
Collaboration is not only required for the development of restoration
proposals, but continues through implementation, playing a key role in
project execution, monitoring and reporting. By requiring that forest
restoration follows a collaborative process, we are ensuring that
people work together on the future of our Nation's public lands.
Third, this bill will also reduce the threat of wildland fire and
control escalating fire management costs. Restoration proposals must
address forest thinning to reduce hazardous fuels, and also analyze the
anticipated reductions in wildfire management costs.
Lastly, this bill encourages the use of forest restoration byproducts
to foster local economic
[[Page 1798]]
development. Byproducts from forest restoration can be used in a
variety of ways, such as for woody biomass energy, pellets for home
heating, value-added products, and more. This bill encourages biomass
utilization and development of small businesses in rural public land
communities. Furthermore, in order for a forest restoration project to
be eligible, the landscape must be accessible by existing or proposed
wood-processing infrastructure.
I am introducing this bill as a companion measure to a Senate bill
introduced by Senator Bingaman. I introduce this measure today as a
means to work with my colleagues in the other body and move this
process along. I certainly realize that forest legislation in
particular takes considerable work to craft. I therefore introduce this
measure today not as a final product, but as the first step forward in
a process. I look forward to gathering information and hearing more
about this important topic as we work together on this measure.
Madam Speaker, the American people treasure their public lands and
care deeply about their future. Our Federal lands are in need of
ecological restoration, which would help us accomplish the goals of
restoring the ecological integrity of our Federal lands, reducing the
threat of wildland fire, fostering community collaboration and
involvement, and creating jobs in rural communities.
____________________
PERSONAL EXPLANATION
______
HON. PHIL HARE
of illinois
in the house of representatives
Thursday, February 7, 2008
Mr. HARE. Madam Speaker, on February 6, 2008, I was unavoidably
detained. I would have voted as follows: on rollcall No. 29, Commending
the Houston Dynamo soccer team for winning the 2007 Major League Soccer
Cup. I would have voted ``aye;'' on rollcall No. 30, Recognizing the
significance of Black History Month, I would have voted ``aye;'' and on
rollcall No. 31, Remembering the space shuttle Challenger disaster and
honoring its crew members, who lost their lives on January 28, 1986, I
would have voted ``aye.''
____________________
INTRODUCTION OF THE BUSINESS ACTIVITY TAX SIMPLIFICATION ACT OF 2008
______
HON. RICK BOUCHER
of virginia
in the house of representatives
Thursday, February 7, 2008
Mr. BOUCHER. Madam Speaker, I rise to introduce the Business Activity
Tax Simplification Act of 2008, a measure that will bring much needed
clarification to the circumstances under which states may impose taxes
on out of state businesses. This is a bi-partisan measure in the
principal sponsorship of which I am pleased to be joined by my Virginia
colleague Bob Goodlatte. We are joined in sponsorship of the measure by
Mr. Chabot, Mr. Artur Davis, Mr. Feeney, Mr. Gallegly, Ms. Herseth
Sandlin, Ms. Jackson-Lee, Mr. Hank Johnson, Ms. Lofgren, Mr. Pence, Mr.
Bobby Scott, and Mr. Wexler, many with whom we are pleased to serve on
the House Judiciary Committee.
Traditionally, states and localities have levied corporate income,
franchise and other taxes only on those businesses that have a physical
presence in the taxing jurisdiction. The growth of the Internet and
other forms of advanced communications has made it possible for
businesses to conduct a broad range of transactions without the
constraints of geopolitical boundaries. As a result, some states have
attempted to expand their tax base by assessing business activity taxes
against out-of-state companies that have customers but no property or
employees in the taxing state. Both large and small companies are
facing an increasingly unpredictable tax environment, which hinders
business expansion and threatens the continued development of e-
commerce.
The measure we are introducing today will bring certainty to the
increasingly chaotic tax environment for businesses by clarifying that
the states cannot attempt to tax the income of a company that has no
physical presence within the taxing state's borders. Our legislation
sets forth clear, specific standards to govern when businesses should
be obliged to pay business activity taxes to a state. Generally, a
business must use employees or services in a state for 15 days or more
in a calendar year before it is liable to pay business activity taxes
to that jurisdiction.
The Business Activity Tax Simplification Act also modernizes a law
which Congress enacted forty-nine years ago that set clear, uniform
standards for when states could tax out-of-state businesses based upon
the solicitation of orders for specified kinds of sales. Reflecting the
economy of its time, the scope of Public Law 86-272 was limited to
income taxes on the sale of tangible personal property. Our nation's
economy has changed dramatically over the past half-century, and the
statute must be modernized to apply equally to the sale of intangible
property and services, and to other business activity taxes.
I want to emphasize that the Business Activity Tax Simplification Act
does not diminish the ability of states and localities to collect tax
revenue. Rather, it rationalizes and makes more predictable the process
of doing so.
The lack of clarity in current law has led to sometimes absurd
results. A collection agent with the New Jersey Department of Taxation
stopped a refrigerated truck loaded with product belonging to
Smithfield Foods, a company headquartered in my state of Virginia, on
the New Jersey turnpike. The agent held the truck and its driver for
several hours and demanded that, to release the truck, Smithfield had
to wire $150,000 immediately to the New Jersey Department of Taxation.
The agent claimed that he had the right to hold the truck and its
contents because Smithfield had failed properly to file New Jersey tax
returns.
Smithfield informed the New Jersey agent that his claim was
unfounded. It explained that Public Law 86-272 protected it from New
Jersey income taxation because it only engaged in solicitation by
advertising in New Jersey and had no physical operations in the state.
The agent refused to accept this explanation; however, he finally
agreed to release the truck and its driver in return for $8,000.
Smithfield appealed this aggressive and incorrect application of
Public Law 86-272 to the New Jersey State tax commissioner. Ultimately,
New Jersey accepted Smithfield's contention that it has no physical
presence in the state and is, therefore, not subject to New Jersey
income tax. It issued Smithfield a refund and an apology for its
roadside justice system, but not before Smithfield had invested much
time and expense in resolving a situation which should not have arisen.
Our measure will help avoid such scenarios in the future by clarifying
the physical presence standard embodied in Public Law 86-272.
New Jersey has used similar tactics against out-of-state companies
selling intangible goods to its residents, a situation not covered by
Public Law 86-272. It has argued that a mom-and-pop South Carolina
software company, with no physical presence in any states besides South
Carolina and Georgia, owes a minimum of $600 per year in corporate
income taxes and fees based only on the sale of licensed software to a
New Jersey entity, and that the company would owe such tax every year
that its software was in use in the state, even for those years in
which the company had no income from any customer in New Jersey.
The Louisiana Department of Revenue has threatened to assess business
activity taxes on several out-of-state companies based merely on the
fact that they broadcast programming into the state, arguing that the
companies are exploiting the Louisiana market because the programming
is seen or heard by individuals in Louisiana.
Several states attempt to assess business activity taxes on out-of-
state credit card companies based solely on the fact that people use
the companies' credit cards in the taxing jurisdiction and enjoy the
``substantial privilege of carrying on business'' in the state.
Some localities have attempted to impose personal property taxes on
property orbiting in space. For example, Los Angeles County attempted
to impose a property tax on a county-based company which owned eight
communications satellites permanently orbiting in space. The city of
Virginia Beach, Virginia, also attempted to impose personal property
taxes on three transponders attached to satellites orbiting in space
which were owned by a city-based cable company. If states were to use
the same approach to impose business activity taxes, on the basis that
a satellite orbiting above the state creates a physical presence there
or because a business generates income in a state because its satellite
passes over the state, there would be significant consequences for many
industries.
The Business Activity Tax Simplification Act offers Members the
opportunity to put an end to nonsensical situations like these. In
doing so, we will provide certainty to both U.S. businesses and to
states, thereby fostering economic growth and development. I thank Mr.
Goodlatte and the original cosponsors of the Business Activity Tax
Simplification Act for their support, and I urge each of our colleagues
to join with us in passing this bi-partisan measure.
[[Page 1799]]
____________________
RECOGNIZING THOMAS K. FLEMING FOR HIS YEARS OF SERVICE TO THE NORTH
RICHLAND HILLS, TEXAS COMMUNITY
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. BURGESS. Madam Speaker, I rise today to recognize Thomas K.
Fleming. Mr. Fleming, of North Richland Hills, Texas, after 13 years of
service, has recently retired from S.C.O.R.E., the Service Corps of
Retired Executives.
Mr. Fleming helped to establish the local North Richland Hills
chapter of S.C.O.R.E. in 1995. Under his leadership, S.C.O.R.E. has
offered small business seminars and one-on-one counseling to owners and
prospective owners of small businesses at the North Richland Hills
Public Library for more than a decade.
Under Mr. Fleming's leadership, S.C.O.R.E. has helped thousands of
small business owners in the North Richland Hills area by giving them
expert, no-cost, confidential counseling to improve the chances of
their small business success. The local economy owes many thanks to Mr.
Fleming's guidance.
While his time with S.C.O.R.E. is coming to a close, I am confident
Mr. Fleming will continue to enrich the city of North Richland Hills as
a devoted resident. I am privileged to join his family, friends, and
coworkers in extending my sincere congratulations on his retirement.
Again, Madam Speaker, I am proud to recognize Thomas K. Fleming for
his diligent work as a dedicated serviceman to his local community. I
am honored to acknowledge such a committed and altruistic citizen. It
is the servant leadership of Mr. Fleming, and those like him, which
truly makes our nation great.
____________________
HONORING SUPER BOWL XLII CHAMPIONS THE NEW YORK GIANTS
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Thursday, February 7, 2008
Mr. RANGEL. Madam Speaker, today I rise on behalf of the New York
Delegation to congratulate the champions of the football world, the New
York Giants. They successfully defeated the perfect New England
Patriots 17-14 in Super Bowl XLII in one of the biggest upsets in Super
Bowl history in Glendale, Arizona on February 3, 2008.
New Yorkers were first introduced to professional football and the
New York Football Giants in my congressional district, sharing their
games with the city's baseball Giants in the Polo Grounds. From those
magnificent days on 155th Street and 8th Avenue until today, the Giants
have always brought us memorable games. Deep-routed enthusiasts
remember the famed Sneaker Game when the team, playing in 9 degree
weather, switched to basketball shoes to increase traction in the icy
turf Frankfurt Yellowjackets in 1925. They recall how the G-men sailed
to Super Bowl victory in 1986 under the powerful running game of Joe
Morris, the pressure of Lawrence Taylor and near-perfection of
quarterback Phil Simms. Football fans everywhere will also recall how
the Giants won their second Super Bowl in a dramatic 20-19 victory over
the Buffalo Bills.
In Super Bowl XLII, the Giants have once again provided fans with
another dramatic victory. This time it was against arguably one of the
greatest offenses that the game has seen, an undefeated veteran team
who was widely expected to win their fourth championship of the decade.
Yet the Giants remained resilient. Just like they overcame an early 0-2
start to their season, they overcame early mistakes to keep it close.
And then when it mattered the most, they came up with a perfect answer
for the perfect Patriots: A frantic 12-play, 83-yard drive, led by
quarterback Eli Manning, that featured a dazzling leaping catch by
David Tyree and key plays by running back Brandon Jacobs, as well as
receivers Steve Smith and Plaxico Burress.
Because of their team effort, the Giants now become the first NFC
wild card team to win a Super Bowl. I extend my heartfelt
congratulations to the entire team who placed with such valor and
heart. Especially to the recipient of the Most Valuable Player Award,
quarterback Eli Manning who has shown tremendous growth and has matched
the successes of his brother, Indianapolis Colts quarterback Peyton
Manning.
I also salute the co-owners, the Mara and Tisch families and their
coaches--Head Coach Tom Coughlin, Offensive Coordinator Kevin Gilbride,
Defensive Coordinator Steve Spagnuolo, Special Teams Coordinator Tom
Quinn, and the rest of the coaching staff for their commitment,
expertise and leadership. Coughlin, a highly successful head coach at
Boston College and with the Jacksonville Jaguars, and a former Giants
assistant, was hired as the 16th head coach in Giants history. This
victory is Coughlin's first appearance in a Super Bowl as a head coach.
History will always have a special place for Coughlin's New York
Football Giants. They are truly an inspirational team whose victory
will live forever in Super Bowl lore.
____________________
HONORING WILLIAM H. LEWIS JR.
______
HON. FRANK PALLONE, JR.
of new jersey
in the house of representatives
Thursday, February 7, 2008
Mr. PALLONE. Madam Speaker, I would like to honor a friend and
colleague William H. Lewis, Jr. of Neptune, New Jersey who passed away
on Monday, January 28. Bill was a remarkable man who dedicated his life
to public service. He will be greatly missed by his family, his friends
and the entire New Jersey community he served.
After a second valiant fight with cancer, Bill died at the Jersey
Shore University Medical Center. Born in New York City on November 27,
1939, he lived a fulfilling and diversified life in which he found
great successes in so many areas.
Bill was an enthusiastic educator for almost 30 years. Along with his
wife, Bill started teaching in Harrisburg, Pennsylvania, before they
would move back to New Jersey to his childhood roots, where he then
taught at Shore Regional High School, in West Long Branch. He was also
an adored football and track coach and a local advocate at the West
Side Community Center in Asbury Park.
During his days at Shore Regional, Bill would become a local Monmouth
County Education Association president, working hard to protect
teacher's rights. When Bill retired from teaching 18 years ago, he
would continue advocating for children in New Jersey outside of the
classroom. He became a full-time activist for the New Jersey Education
Association, where he worked to advance and protect the rights,
benefits, and interests of its members, and promote a quality system of
public education for all students. It was in this capacity that I had
the honor of working closely with Bill. Together we worked to help New
Jersey students achieve excellence.
Bill is survived by a son, William David Lewis and a daughter,
Michele Lewis, as well as other loving extended family members. His
loving wife, Laura Oxley Lewis predeceased Bill, whom he lost almost 6
years ago to her own bout with cancer.
Madam Speaker, Bill Lewis was a devoted advocate for children and
public education. He was a strong champion for New Jersey's children,
working tirelessly to provide them with better opportunities and life
choices. My thoughts and prayers are with his family and friends during
this trying time.
____________________
REMEMBERING THE VICTIMS OF GENOCIDE IN BOSNIA
______
HON. JOHN W. OLVER
of massachusetts
in the house of representatives
Thursday, February 7, 2008
Mr. OLVER. Madam Speaker, I rise today in remembrance of the victims
of genocide in Bosnia. I would particularly like to draw the attention
of this body to the atrocities perpetrated by Serb forces against the
Bosniak and Croat populations in eastern Bosnia. Eastern Bosnia became
the site of a number of atrocities long before the name Srebrenica
became known worldwide. The aggression perpetrated against the newly
independent and sovereign Bosnia and the genocide of its Bosniak
population took one of its earliest and most vicious forms with the
attacks of Serb forces on eastern Bosnia in 1992. The multi-ethnic and
multi-religious character of eastern Bosnia was systematically
destroyed beginning in April 1992.
The historic town of Visegrad epitomizes what happened in eastern
Bosnia in 1992. The assault on Visegrad started on April 6, 1992 when
Serb military units began shelling Visegrad and several of the nearby
Bosnian Muslim villages. With the takeover of Visegrad, Serb forces
unleashed a campaign of terror against the Bosniak and Croat population
of Visegrad. Every day men, women and children were killed on a famous
bridge on the Drina and their bodies were dumped
[[Page 1800]]
into the river. Many ofthe Bosniak men and women were arrested and
detained at various locations in the town. Serb soldiers raped women
and inflicted terror on civilians. Looting and destruction of Bosniak
and Croat property occurred daily and mosques in Visegrad were
destroyed.
As the journalist Ed Vulliamy described in The Guardian: ``For
centuries, although wars had crisscrossed the Drina, Visegrad has
remained a town two-thirds Bosnian Muslim and one-third Bosnian Serb.
The communities entwined, few caring who was what. But in the spring of
1992, a hurricane of violence was unleashed by Bosnian Serbs against
their Muslim neighbors in Visegrad, with similar attacks along the
Drina valley and other parts of Bosnia. Visegrad is one of hundreds of
forgotten names . . . As elsewhere, the pogrom was carried out on
orders from the Bosnian Serb leader Radovan Karaszic and his military
counterpart General Ratko Mladic, both still wanted for genocide.'' By
the end of 1992, the Bosniak and Croat communities in Visegrad were
effectively ``cleansed'' through killings and deportations. Some
survivors of the initial attacks on eastern Bosnia found their way into
the three Bosnian government-held enclaves and United Nations-declared
``safe havens'' of Srebrenica, Zepa and Gorazde. The tragic fate of
these ``safe havens'' is well known. The fate of Visegrad and the
pattern of genocidal violence was similar in other eastern Bosnian
towns such as Bijeljina, Zvornik and Foca.
As we prepare to mark another anniversary of the beginning of
genocidal violence in eastern Bosnia and as we prepare to commemorate
the 13th anniversary of Srebrenica, let us remember the victims of
Visegrad and other Visegrads throughout Bosnia.
____________________
INTRODUCTION OF LEGISLATION TO AWARD THE CONGRESSIONAL GOLD MEDAL
______
HON. TOM UDALL
of new mexico
in the house of representatives
Thursday, February 7, 2008
Mr. UDALL of New Mexico. Madam Speaker, I rise today to proudly
introduce legislation to award the Congressional Gold Medal to some of
the most valiant and courageous soldiers who have ever fought for our
Nation--the troops who battled and were prisoners of war at Bataan
during World War II.
Nearly seven decades ago, the United States responded to the attacks
on Pearl Harbor by declaring war--and more than 5,000 miles away in the
Philippines, thousands of American soldiers, many of whom were from my
State of New Mexico, found themselves on the frontline of this global
fight. For 4 months, in the face of overwhelming odds and without ready
supplies or reinforcements, these troop fought and died for their
Nation. Their efforts not only provided the U.S. with much needed
stories of heroism during a dire, dark time of the war, their sacrifice
also substantively provided much needed time for U.S. and Allied
commanders to regroup, plan, and prepare for the Pacific battle.
Without these troops delaying the momentum of the enemy, the U.S. might
not have fully recovered from the Pearl Harbor attack until much later.
After months of fighting and with his men starving and sick, on April
9, 1942, the commander of the troops at Bataan reluctantly surrendered.
Shortly thereafter, nearly 12,000 American troops and 67,000 Filipino
troops were forced to march through tropical heat and without food or
water for days on end in what became known as the Bataan Death March.
Many died during this time, and those who survived were subject to
three years of mistreatment, malnutrition, sickness and captivity
before being rescued and released near the end of the war.
For the State of New Mexico, this chapter of World War II is
particularly near to our hearts. New Mexico's 200th and 515th Coast
Artillery units served with significant honor during the battle of
Bataan, earning the distinction of being the ``first to fire'' on the
enemy on December 8, 1941. Many of the Americans captured and held as
prisoners of war were from New Mexico, and of the 1,800 who left home
to fight, half did not return. Further, nearly a third of those did
return home after their tortuous 3 years of captivity died within a
year, most often due to complications from health issues directly
attributed to their time in the POW camps.
The 200th and 515th also are notable because they largely consisted
of Hispanic soldiers, a group that at the time was often subject to
discrimination in the military due simply to their ethnicity. Despite
these barriers, they fought without hesitation, noting that they were
as American as any other soldier who wore the uniform. They came from
every corner of the State, from Farmington to Alamogordo, from Deming
to Raton, and from Clovis to Gallup.
Many years ago, my father Stewart Udall wrote a book called Majestic
Journey chronicling the early explorations of North America in the
sixteenth century. He described the vision, the individualism, and the
pioneering spirit of early Hispanic explorers, and I believe that like
these explorers, the actions of the Bataan prisoners of war ``resonate
through the annals of our history, and the imprint they left on our
culture is both permanent and profound. They will add a special luster
to our national story.''
Every year, thousands of people participate in the Bataan Memorial
Death March at White Sand Missile Range in southern New Mexico. The
26.2 mile march not only marks the historical significance of the
event, but reminds us of how many in New Mexico underwent the ordeals
at Bataan. In AIbuquerque, stone columns rise from the ground at the
Bataan Memorial Park, each of them bearing both the names of those who
returned from Bataan and those who did not. In Santa Fe, the Military
Museum bears the name of Bataan, reminding all who enter of the costs
of war and the sacrifice made by our soldiers. And all across the
country are similar memorials, keeping alive the memory of those who
went through years of suffering at Bataan.
I want to thank the New Mexico Hispanic Cultural Preservation League
for their help on this legislation. Also, General Leo Marquez, General
Edward Baca, General Melvyn Montano, General Gene Chavez, General Kenny
Montoya, and New Mexico Department of Veterans Services Secretary John
Garcia for their continued insistence that we honor the Bataan
veterans.
Madam Speaker, we must never forget the sacrifice of our soldiers,
particularly during times of war. We are reminded daily of the
hardships and danger faced by the men and women currently fighting in
Afghanistan and Iraq. Like the soldiers of Bataan, these brave troops
fight for patriotism, for duty, and for country. I hope my colleagues
will join me to honor the sacrifice of the soldiers at Bataan by
awarding them the Congressional Gold Medal.
____________________
IN MEMORY OF MIMI SCHMIDT
______
HON. ELTON GALLEGLY
of california
in the house of representatives
Thursday, February 7, 2008
Mr. GALLEGLY. Madam Speaker, I rise in memory of Emilienne Desnoyers
``Mimi'' Schmidt, with whom I enjoyed a warm personal relationship for
about 30 years.
Mimi died in her sleep a couple of weeks ago. She leaves behind a
legacy of nurturing a fine family of outstanding citizens while also
helping to nurture a growing community. Her son Dominic is a close
family friend, as are her grandchildren Brandon and Brianna.
Mimi and her husband, Glen, moved to my hometown of Simi Valley,
California, in 1962. Mimi was then pregnant with their seventh son and
Simi Valley was a rural community of apricot and walnut groves.
Others joined the Schmidts in moving to the valley and a cityhood
drive was launched in 1966. Fifty-five citizens placed their names on
the ballot. Mimi was the only woman. That effort failed but three years
later the citizens of the two communities of Simi Valley and Santa
Susana voted to incorporate into the City of Simi Valley.
Glen's chairmanship of the incorporation study committee catapulted
him into a four- year term on the Ventura County Board of Supervisors
in 1970, which put his career as an aerospace engineer on hold. It also
forced him to take a pay cut. With seven boys to feed, Mimi reentered
the workforce.
Before commuting ``over the hill'' to work each day, Mimi took the
time to pack her sons lunches, using a whole loaf of bread to do so.
She also helped form Cub Scout Pack 3621 and was active in the St. Rose
of Lima Catholic Church's bereavement ministry.
In 1979, with her family mostly grown, Mimi again ran for the Simi
Valley City Council. Not getting elected did not diminish her passion
for politics. She was a life member of the Simi Valley Republican
Women's Club, serving one term as its president, and helped organize
its annual garden tour. In addition, she served as a poll worker at her
neighborhood precinct for many years and volunteered as a docent at the
Ronald Reagan Presidential Library.
She never forgot, however, that she was a mother and grandmother
first.
In addition to Dominic and his wife, Teresa, and their children,
Brandon and Brianna, Mimi is survived by her six other sons and their
families: David and Carol and their daughters,
[[Page 1801]]
Samantha and Michelle; Dan and Phyllis; Damian and Karen and their
sons, Ryan and Cameron; Douglas and Patricia and their son, Morgan, and
twin daughters, Riley and Madison; Darren and Theresa and their son,
Ken, and daughter, Stephanie; and Dennis and Julia and their twin
daughters, Elizabeth and Melissa.
Madam Speaker, I know my colleagues will join me in remembering Mimi
Schmidt's lifelong love of family and community and in offering our
condolences to her family and friends.
____________________
HONORING INDIANA COUNTY PENNSYLVANIA
______
HON. BILL SHUSTER
of pennsylvania
in the house of representatives
Thursday, February 7, 2008
Mr. SHUSTER. Madam Speaker, I rise today to recognize Indiana County,
Pennsylvania, for being named one of the 100 Best Communities for Young
People in America by America's Promise Alliance. Indiana was one of
only two communities in Pennsylvania to receive this award. It is a
great honor and achievement by the government of Indiana County and,
most importantly, its community. I am proud of their hard work and
dedication to our youth.
The objective of the 100 Best Communities competition is to recognize
outstanding community-wide efforts that improve the well-being of
youth. Indiana County has achieved this through the creation of a
Children's Advisory Commission to assess the needs of the children and
youth of the county and create positive after school activities. The
annual Family Fun Fest was also noticed for its ability to connect
parents and youth in a way that strengthens the family bond and
promotes positive behavior.
I congratulate the people of Indiana County and their government for
creating an environment where young people can thrive in a nurturing
environment. It is truly a great place to call home, a wonderful place
where our youth can grow and thrive. The county has illustrated great
initiative in creating an environment that encourages young people to
get involved work together, and help others in their community. I am
proud of the work Indiana County has done to encourage positive youth
development, and I hope they continue to be recognized for their
efforts.
____________________
HONORING THE 50TH ANNIVERSARY OF HANOVER PARK
______
HON. PETER J. ROSKAM
of illinois
in the house of representatives
Thursday, February 7, 2008
Mr. ROSKAM. Madam Speaker, I am pleased to rise today to recognize
the 50th anniversary of Hanover Park, Illinois, an exciting and
important town in my congressional district.
Today, Hanover Park has grown to include more than 12,000 families.
However, its history truly began in the 19th century when the community
began to lay roots in northern Illinois.
With its close proximity to downtown Chicago and the major commercial
centers surrounding O'Hare airport, Hanover Park represents the perfect
blend between urban dynamism and suburban life.
Hanover Park also boasts the youngest average resident population in
the Northern suburbs. Its multitude of parks, sporting venues, and
youth and family friendly activities make this a great place to work,
live, and raise a family.
The spirit of Hanover Park's citizens is matched only by the
industriousness of its business community. From small entrepreneurial
endeavors to Fortune 500 companies, Hanover Park's economy is thriving.
This impressive economy owes its prosperity to both the hardworking
residents, the Village President Rodney Craig, and Hanover Park Board
of Trustees to promote new business tax incentives and champion
economic development. For over half of a century, the Village of
Hanover Park has been a thriving community.
Madam Speaker and Distinguished Colleagues, please join me in
recognizing the outstanding contributions of Hanover Park, Illinois on
the occasion of its 50th anniversary.
____________________
CELEBRATING THE ALEXANDRIA MARDI GRAS ASSOCIATION
______
HON. RODNEY ALEXANDER
of louisiana
in the house of representatives
Thursday, February 7, 2008
Mr. ALEXANDER. Madam Speaker, I rise today to commemorate the
Alexandria Mardi Gras Association.
On March 3, 1994, the 295th Anniversary of the Founding of Louisiana
by Iberville, the Alexandria Mardi Gras Association was officially
established. The goal of Alexandria Mardi Gras, or Mardi Gras au Coeur
de la Louisianne, which means Mardi Gras in the Heart of Central
Louisiana, is to exemplify unity and cohesiveness during family
friendly festivities.
This year during Alexandria's 15th Anniversary Mardi Gras, Julie
Hanna, renowned conservationist is representing the Jack Hanna family
as Grand Marshal. The Alexandria Zoo, nationally recognized for
breeding Bengal tigers and other endangered species, is a major
collaborator in advancing education and tourism during the Mardi Gras
celebrations.
The 2008 College Cheerleaders and Classic Cars Parade on Friday,
February 1, 2008 will feature many of Louisiana's colleges and
universities and their student government presidents during an
educational leadership conference. In addition, a select number of LSU
football players. who recently became the 2007 National Champions, are
participating in Alexandria's Family Friendly Mardi Gras as well as
players from the 2003 National Championship team. The celebrated bands
of Southern University and Grambling University will perform
designating Alexandria as the only Mardi Gras Parade in which both
bands are featured.
Among other Alexandria events during the Mardi Gras season the Krewe
of LOUISIANA is hosting its Third Annual Gala in order to foster its
goal of enhancing economic development and unifying Louisiana's
interests. Also, The Taste of Mardi Gras is again hosting its local
charity fundraiser naming the Louisiana Restaurant Association, Chapter
Cenla as the sponsor.
Madam Speaker, I ask my colleagues to join me in commending the
citizens of Alexandria for their continued hard work and dedication to
ensure that Mardi Gras in Central Louisiana retains the charm and
spirit of the first official celebration 15 years prior.
____________________
RECOGNIZING WES TURNER FOR HIS YEARS OF SERVICE TO THE CITIZENS OF FORT
WORTH, TEXAS THROUGH HIS WORK AT THE FORT WORTH STAR-TELEGRAM
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. BURGESS. Madam Speaker, I rise today in recognition of Fort Worth
Star-Telegram President and Publisher Mr. Wes Turner. After more than
two decades with the Fort Worth Star-Telegram, Mr. Turner has retired.
Mr. Turner began his career at the Fort Worth Star-Telegram in 1975
and rose through the ranks to become the Vice President of Advertising.
From 1987 through 1997, he was at various newspapers before returning
to the Fort Worth Star-Telegram as Publisher.
While at the Fort Worth Star-Telegram, Mr. Turner devoted his career
to ensure that the people of Fort Worth were properly informed about
the world around them. I know his readers thank him for his efforts.
Besides his work with the Fort Worth Star-Telegram, Mr. Turner is
very active in his community. He serves on the boards of the Fort Worth
Chamber of Commerce, Performing Arts Fort Worth and the Longhorn
Council-Boy Scouts of America Foundation. He is Vice Chairman of the
Van Cliburn Foundation and Campaign Chairman for the United Way of
Tarrant County.
Even though Mr. Turner has completed his work at the Fort Worth Star-
Telegram, we can all be thankful that he will maintain his commitment
to the city of Fort Worth by continuing with his other community
service endeavors.
I offer my heartfelt congratulations to Mr. Wes Turner on his
retirement. His dedication and commitment to providing the truth to the
citizens of Fort Worth made us all lead better lives. It is an honor to
represent citizens like Mr. Turner in the 26th Congressional District
of Texas.
[[Page 1802]]
____________________
TRIBUTE TO ROBERT M. BALL
______
HON. CHARLES B. RANGEL
of new york
in the house of representatives
Thursday, February 7, 2008
Mr. RANGEL. Madam Speaker, I rise to pay tribute to Robert M. Ball, a
great man who lived a life dedicated to serving the American people.
Mr. Ball passed away last week at the age of 93, but we will forever be
indebted to the legacy he leaves for us through his lifetime of
commitment to the social insurance programs of Social Security and
Medicare that allow us to provide for the elderly and people with
disabilities and their families.
Madam Speaker, I join my colleagues in extending my condolences to
the Ball family, his wife Doris, his children Jonathan and Jacqueline,
and his grandchildren and great-grandchildren.
Born in Harlem and raised in Boston and New Jersey, Mr. Ball was the
youngest in a family led by Methodist ministers who taught him the
social gospel. He was educated at Wesleyan University in Connecticut,
where he received a master's in labor economics. Even as a teenaged
boy, Mr. Ball felt a calling to contribute to something greater than
himself. As his biographer Professor Daniel Berkowitz wrote in Robert
Ball and the Politics of Social Security, Mr. Ball indicated that he
wanted to become a ``person of consequence.'' Considering his
contributions to Social Security and Medicare, he certainly lived up to
his hopes for himself.
After taking a Federal civil service exam, Mr. Ball was called up to
work for the newly forming Social Security Board as a field assistant
in Newark, New Jersey in 1939. He joined Social Security and
immediately understood that Social Security was a contract between
generations that ensured that today's workers would provide for today's
retired seniors so that they may avoid the indignities of abject
poverty. He saw his job in support of this new social insurance program
as part of something greater. Mr. Ball helped build Social Security
from the ground up. As a field assistant in Newark, he was bringing
workers into the program, spreading the news about the value of social
insurance several years before the first benefit was even paid in 1942.
His next position in the new Social Security headquarters in
Baltimore allowed him to fully engage with his primary interests: The
philosophy of the program, the legislative agenda, and where the whole
program was going. Mr. Ball grew to know the program intimately. He
developed a deep technical expertise in Social Security, and he also
grew to know Congress and how it works. He was soon able to provide
legislators with what they needed to govern and oversee the Social
Security programs responsibly and effectively. Mr. Ball became so
familiar with the work of the Committee on Ways and Means, that he was
seen by Members as an extension of their congressional staff.
Mr. Ball's career is intertwined with the history of Social Security
and he played a key role in every major policy development. He was the
architect of the 1950 amendments, which raised benefits and expanded
coverage to more Americans. He helped implement the disability
insurance program beginning in 1956. He orchestrated the developments
that produced the 1972 amendments that linked benefits to inflation,
ensuring that Social Security would never fail to meet basic needs.
In what was seen as a natural assumption, he was appointed by
President John F. Kennedy as Commissioner in 1962, a post in which he
diligently served longer than anyone else prior or since. He is
regarded by many as the father of Medicare, as he shepherded the
Federal Government through the development and implementation of that
program.
In 1987, Yale School of Management Professor Ted Marmor, who began
his career as an intern under Mr. Ball's superiors, wrote this
description of Robert Ball. I think it captures the quiet and competent
strength of the man quite well:
Ball, six feet one inch, is a white-haired, broad-
shouldered man whose gravity is lightened by a readily
available twinkle and chuckle. He wears black-rimmed,
prominent glasses that he takes on and off when shifting from
speaking to reading. His expression is frequently softened by
his easy smile and firm but unaggressive manner. At meetings
he leans forward intently in his seat and, with a formalism
that seems now a little old-fashioned, begins to speak in a
manner instilled by years of testifying before Congress: `Mr.
Chairman, let me begin by stating that I am in full agreement
with the general thrust of Mr. X's remarks. But I would like,
if I may, to bring up three somewhat technical points about
social security. . . .' Ball could have posed for pictures of
executive presence in Fortune during the 1950s and 1960s. But
in Bob Ball's case, the imagery captures much of the man, not
a myth. Ball did indeed come to stand for the SSA and its
reputation for honest, competent, reliable service to
Americans, who were regarded as clients, not supplicants.
Even after retirement as Commissioner in 1973, Mr. Ball was often
relied upon by policymakers and Presidents as a key advisor on Social
Security and Medicare. An aide to President Jimmy Carter deemed him to
be one of the ``high priests of Social Security.''
When the financing arrangements for Social Security needed to be
reformed, he was appointed by President Reagan to a commission to
recommend a plan of action to ensure the program's long-term fiscal
health. In that role, Mr. Ball unexpectedly salvaged negotiations that
had been stymied by partisan bickering and produced the deal that saved
Social Security in 1983.
As the Founding Chair of the National Academy of Social Insurance,
Mr. Ball helped create in 1986 what has grown to be an organization of
over 800 policy experts dedicated to helping Americans better
understand the role that social insurance programs play in our lives
through research, leadership development programs, and forums for
exchange of ideas for issues in the field.
Well into his retirement, Mr. Ball continued to defend Social
Security from ideological challenges such as efforts to privatize the
system and undermine the very purpose of social insurance. Last fall,
he reminded us in a piece in the New York Times that without Social
Security as designed, 13 million more seniors, one million more
children, and 55 percent of people with disabilities would live in
poverty today.
As a chief architect of the 1983 reforms, and someone who knew the
program from the inside out, he also reminded us that the prescription
for Social Security's long-term fiscal health should not result in
further reductions in benefits, which are already declining in value
primarily because of the increasing cost of health care and Medicare
premiums. In that October piece in the New York Times, he wrote that
``Social Security is the nation's most effective anti-poverty program.
But it's much more than that. For every worker it provides a solid base
on which to try to build an adequate level of retirement income. To
weaken that foundation would he grossly irresponsible.''
I will certainly heed his advice. Policymakers who ignore him do so
at their own peril, because when it comes to Social Security, Robert
Ball knew what he was talking about.
____________________
PERSONAL EXPLANATION
______
HON. JERRY WELLER
of illinois
in the house of representatives
Thursday, February 7, 2008
Mr. WELLER of Illinois. Madam Speaker, I rise today to enter into the
Record votes I would have cast had I been present for rollcall votes 29
through 31. I was absent on Wednesday, February 6th due to familial
obligations.
If I were present, I would have voted ``yea'' on rollcall vote 29,
``yea'' on rollcall vote 30, and ``yea'' on rollcall vote 31.
____________________
IN RECOGNITION OF MR. AND MRS. JOHNNY CLIFTON
______
HON. MIKE ROGERS
of alabama
in the house of representatives
Thursday, February 7, 2008
Mr. ROGERS of Alabama. Madam Speaker, I would like to request the
House's attention to pay recognition to a special day in the lives of
two constituents of mine, Mr. and Mrs. Johnny Clifton.
On February 14, Johnny and Judy Clifton will celebrate their 50th
wedding anniversary. To help commemorate this special occasion, the
couple will gather with friends and family at the First United
Methodist Church of Saks, Alabama on February 9.
Johnny and Judy have raised two children, Malea and Brian, and have
four grandchildren, Katie, Whitney, Nathan and Aria. Johnny is an
Etowah County native, who served with distinction as an Alabama State
Trooper and as a sergeant with the Alabama Bureau of Investigation.
Judy grew up in Anniston, and retired from AmSouth Bank after 24 years
of service and remains active in the community.
I would like to congratulate Johnny and Judy on reaching this
important milestone in their lives. I wish them and their family the
best in the future.
[[Page 1803]]
____________________
INTRODUCTION OF ``FUTA SURTAX REPEAL ACT''
______
HON. WALLY HERGER
of california
in the house of representatives
Thursday, February 7, 2008
Mr. HERGER. Madam Speaker, employers across our country contribute a
portion of their payroll on a per employee basis to pay for the
potential future unemployment benefits of their workers. In a very real
sense, this payment--required by law--represents a trade-off for
workers, where the tax is paid at the expense of workers today, who
would otherwise currently be receiving higher wages or more
opportunities for work. If paid to workers directly, they could spend
or save it as they wished. Still, our government has decided that this
tax is an important investment that must be made on behalf of an
employee in case the business falls on hard times and resorts to
layoffs.
It works like this: Under the provisions of the Federal Unemployment
Tax Act (FUTA), employers pay an extra 0.6 percent on the first $7,000
of payroll per employee in Federal unemployment taxes. Depending on the
size of a company and the number of workers on payroll, these extra
taxes can add up and affect decisions to invest in new equipment, hire
workers, retain employees or even pay more in wages. Back in the 1970s,
Congress faced an unusual shortfall in the trust funds that hold
unemployment taxes, so it decided to levy an additional 0.2 percent
surtax on employers, known as the FUTA surtax. Again, as employers paid
more in non-wage benefits, the wages of employees suffered by this same
amount. This meant that the previous payroll tax contribution for
Federal unemployment was raised from 0.6 percent to 0.8 percent. While
0.2 percent may not seem like a significant imposition, over the decade
this 25 percent increase in the overall unemployment tax restored a
sound financial footing to the trust funds.
But the surtax didn't go away. Since it was no longer needed, after
the 1980s, the FUTA surtax has been repeatedly extended--most recently
in December 2007--and used as an extra source of tax revenue for
Congress to spend on other unrelated programs. In other words, as the
House and Senate expand Federal programs, the American wage payer is
literally picking up the tab in a form that conveniently doesn't show
up as an increased income tax burden. Today, the Federal unemployment
insurance trust funds have about $35 billion more than they need,
making the additional $1.5 billion per year brought in through the FUTA
surtax totally unnecessary. Even without the surtax, the standard
unemployment tax on employers brings in more than enough money to
support the current Federal responsibilities, without even tapping the
$35 billion in the trust funds. In fact, the outstanding balances in
the Federal accounts are about six to seven times the annual cost of
the unemployment program, leaving plenty of room for a ``rainy day''
reserve.
My legislation would repeal the FUTA surtax for once and for all. As
our Nation's economy and workers face uncertain times, rolling back the
FUTA surtax would provide new flexibility to employers at just the
right time--enabling a stronger and more prosperous workforce.
____________________
HONORING THE PUBLIC SERVICE OF CONNY B. McCORMACK, LOS ANGELES COUNTY
REGISTRAR-RECORDER/COUNTY CLERK
______
HON. GRACE F. NAPOLITANO
of california
in the house of representatives
Thursday, February 7, 2008
Mrs. NAPOLITANO. Madam Speaker, I rise today to recognize and commend
Conny B. McCormack, an outstanding Californian, who has recently
retired from 30 years of public service, the last 12 as Los Angeles
County Registrar-Recorder/County Clerk.
Mrs. McCormack is the epitome of the competent, capable, dedicated
public servant. Her career accomplished many noteworthy positions
before she came to Los Angeles County. As the Los Angeles County
Registrar-Recorder/County Clerk, Mrs. McCormack has met with great
success. Her Registrar of Voters duties saw her conduct elections in 88
cities, 100 school districts, and 149 special districts for roughly 4
million voters across 5,000 precincts. Her duties as Recorder/County
Clerk included maintaining birth, death and marriage records for a
county of nearly 10 million people and recording and filing countless
property documents and statutory oaths. Her office maintained over 200
million documents, a volume exceeded only by the Social Security
Administration and the Pentagon. Mrs. McCormack, a great innovator,
implemented the InkaVote Plus voting system, to guide voters through
casting their ballots correctly and make voting easier for the
disabled, and launched a new Enterprise Recording Archive system that
eliminated manual processes to increase efficiency and cut down the use
of paper.
Mrs. McCormack embodies the characteristics of a highly respected
public servant, humble, lovable, spirited, renowned for her skills in
the kitchen, a lover of outdoors gardening, hiking, and playing with
her adopted canines from the L.A. County animal shelter. Mrs. McCormack
is a great role model for our young women and a workers' advocate who
helped support numerous student and clerical training programs. She has
participated in many charities, from the Christmas Angel Tree Program
for local low income children to Aids Walk Los Angeles to victims of
Hurricane Katrina.
Conny has been an exemplary public servant known throughout her field
for her dedication to her position, for her honesty, and for her
integrity in her zeal to protect voters. A lifetime workaholic, an avid
recycler, a true bargain hunter, a continual multi-tasker.
Madam Speaker. I proudly ask you to join me, her family, friends, and
community in honoring Conny McCormack for her service in, and
contributions to, the County of Los Angeles and other communities
across the country.
____________________
IN RECOGNITION OF AARP'S ETHEL PERCY ANDRUS LEGACY AWARD BEING GIVEN TO
ABRAHAM LINCOLN HIGH SCHOOL
______
HON. XAVIER BECERRA
of california
in the house of representatives
Thursday, February 7, 2008
Mr. BECERRA. Madam Speaker, it is my privilege to rise today and
acknowledge a special honor that is being bestowed on Abraham Lincoln
High School in Los Angeles, within the 31st Congressional District that
I am proud to serve.
Performing arts will once again flourish at Abraham Lincoln High
School after many years of absence, thanks to a generous Ethel Percy
Andrus Legacy Award from AARP. This grant recognizes the founding of
AARP in 1958 by Dr. Andrus, who served as principal of Lincoln High
School from 1916-1944.
As part of its 50th anniversary celebration in 2008, AARP is awarding
more that $1 million in Ethel Percy Andrus Legacy Awards to recognize
excellence and innovation in education at high schools nationwide. The
first of these awards will reinvigorate the performing arts program at
Abraham Lincoln High School--connecting the high school's heritage of
achievement with its very bright future.
On February 8, 2008, representatives of AARP, the city of Los
Angeles, and the State of California will gather at Lincoln High to
dedicate a plaque at the new Ethel Percy Andrus Performing Arts Center.
This center will enable students to receive pre-professional training
in music, dance, theater and other performing arts.
The school will also enjoy the support of many AARP volunteers who
will contribute their time and efforts in bringing the school's new
performing arts center to life. These volunteers will continue the
strong legacy established by Dr. Andrus of connecting all generations
to work for the greater good of the community.
The more one learns about Dr. Andrus and her background and deeds . .
. the more one marvels about her accomplishments and vision. In 1916,
Dr. Andrus became California's first female high school principal when
she was invited to head the faculty and staff of the former East Los
Angeles High School. She renamed the school ``Abraham Lincoln High
School'' to help inspire her students. The community represented a
broad range of ethnicities and races--32 languages were spoken in
students' homes and most families were low-income.
Dr. Andrus held her students and teachers to high academic standards.
She believed in promoting creativity and fun, and fostered dances,
plays, and musical performances to encourage them to pursue their
creative talents, while also breaking down the barriers between
students' cultures and backgrounds. She also set out to pull the
community and the school together, involving parents and local
organizations in many ways. At the time, extracurricular activities
were rare. Where they did exist, they were considered frills of little
value. Working against this bias, Dr. Andrus involved Lincoln's
students in serving the community.
[[Page 1804]]
Students worked in hospitals as nurses' aides, ran errands for shut-in
residents, supervised playground activities for younger children, and
formed art classes to make posters for local events.
She retired from teaching in 1944 in order to care for her ailing
mother. After getting involved with the California Retired Teachers
Association, Dr. Andrus was shocked to realize that so many retired
educators were financially struggling because of inadequate income and
health care. She established the National Retired Teachers Association
in 1947 to give them a national voice, and established the first
nationwide group health insurance program for its members.
In 1958, she established the nonprofit, nonpartisan organization now
known as AARP so that people at mid-life and older could enjoy
independence, dignity and purpose as they aged. Since its founding,
AARP's motto has been ``To serve, not to be served.'' Since its
founding, AARP has grown to more than 39 million members with more than
3.3 million members in California alone.
Ethel Percy Andrus passed away in July, 1967, but her legacy lives on
in countless ways. I am pleased that one very special way that she
lives on will be in the songs and dances of the students at Abraham
Lincoln High School. I have no doubt she will be checking in on their
progress from time to time and rejoicing in their talents!
Abraham Lincoln once said, ``Whatever you are, be a good one.'' Ethel
Percy Andrus embodied this clear bold statement and the students at
this school carrying his name, and all of us, should also rise to this
challenge. Each of us can make a difference.
I congratulate James Molina, principal of Abraham Lincoln High
School, and the students and parents of this fine school, and commend
AARP for giving students fresh opportunities to grow academically,
creatively and personally--sharing their ``Lincoln spirit'' with a
nation and a world that needs their intelligence, commitment and
idealism.
____________________
IN HONOR OF DR. FRANK BROWN
______
HON. SANFORD D. BISHOP, JR.
of georgia
in the house of representatives
Thursday, February 7, 2008
Mr. BISHOP of Georgia. Madam Speaker, I rise today to honor Dr. Frank
Douglas Brown, a man who has given his life to serving others through
his leadership in higher education.
Frank Douglas Brown graduated from Flomaton High School, in Flomaton,
Alabama, a town of less than 2,000 people on the southern border of the
state. He achieved an Associate's Degree in Business Administration
from Northwest Mississippi Community College and went on to the
University of Southern Mississippi where he earned his Bachelor's in
Business Administration. After working in private industry for several
years, and meeting and marrying the former Jo Ann Nichols of Bessemer,
Alabama, he went to the University of Alabama for his MBA.
He then went to work for IBM as a systems engineer and marketing
representative. Eventually, he left and earned his Doctorate in Higher
Education Administration from Florida State University in 1974.
From there, Frank went to the Alabama Commission on Higher Education
in Montgomery, Alabama, where he served as associate executive
director. He stayed until 1978 and went to the University of Houston,
University Park, in Texas. In 1981 Columbus College brought him to
Columbus as the young college's new vice president for business and
finance. Seven years later, on January 14, 1988, Dr. Frank D. Brown was
appointed as the institution's third president.
Since his appointment, Frank has guided the college through
unprecedented growth. Under his leadership, the college became Columbus
State University, and now offers more than 50 undergraduate programs
and more than 35 Master's or specialist programs. He leads a staff and
faculty of more than 600, and a student body of 7,500.
Also during his tenure at CSU, the university has developed
partnerships with the community, business and industry, education and
governments that some say are stronger than any other university in the
country.
The most recent indication of the university's level of respect may
be the success of CSU's capital campaign, An Investment in People. When
the campaign was first being considered in the late 1990s, many
considered the originally proposed goal of about $35 million too
ambitious. At its conclusion, the campaign exceeded $100 million.
Madam Speaker, Frank Brown has been a tireless volunteer, is active
in many civic organizations, and is an enthusiastic advocate not only
for Columbus State University, but for the area. I am honored to be
able to call Dr. Brown a friend, I commend him for his many years of
service, and wish him a happy, healthy, and blessed retirement. He will
be missed.
____________________
PERSONAL EXPLANATION
______
HON. SAM GRAVES
of missouri
in the house of representatives
Thursday, February 7, 2008
Mr. GRAVES. Madam Speaker, on Wednesday, February 6, 2007 I missed
rollcall votes 29, 30, and 31 due to inclement weather in my district.
Had I been present, I would have voted ``yea'' on all votes.
____________________
IN HONOR OF BILL LAMBERT IN RECOGNITION OF HIS EXEMPLARY SERVICE
______
HON. XAVIER BECERRA
of california
in the house of representatives
Thursday, February 7, 2008
Mr. BECERRA. Madam Speaker, it is my privilege to rise today and pay
tribute to Bill Lambert, an outstanding educator and passionate
advocate for our students and teachers. Bill retired on January 2,
2008, after 45 years of exceptional service to the students of the Los
Angeles Unified School District, LAUSD, and the educators of the United
Teachers of Los Angeles, UTLA.
Uniquely, Bill is a product of the same school district to which he
has committed his professional career. Bill is a proud alumnus of
several schools in LAUSD and is a graduate of Fairfax High School. His
public education served him well on the path toward achieving a
bachelor of arts degree and teaching credential from the University of
California at Los Angeles and a master's degree from California State
University Los Angeles.
Bill has enjoyed a distinguished career as a teacher and as a union
advocate, all along fighting for greater opportunities for students,
teachers, better wages and expanded benefits. He began his career in
1955 as a teacher at Montague Elementary School and later continued
educating students at Canterbury Elementary School. Following his early
experiences as a teacher, Bill became active in a number of teachers'
organizations including a stint as associate executive director of the
Los Angeles Teachers' Association. In 1971, Bill played an instrumental
role as one of the initial organizers of UTLA. Once UTLA was formed, he
dedicated the next 36 years to advocating on behalf of teachers as the
director of governmental affairs for UTLA. Today, UTLA represents
44,000 teachers, counselors, psychologists, and nurses in LAUSD.
According to a Latin proverb, ``By learning you will teach; by
teaching you will learn.'' Bill Lambert certainly embodies these wise
words. He spent his life in and out of classrooms learning and
teaching, and then walked the halls of the United States Congress and
the California State Legislature doing the same. His tireless advocacy
on behalf of retired teachers and their pension and Social Security
inequities is legendary. It's not an easy task to achieve well over 300
bipartisan co-sponsors on a bill, but through ``pounding the
pavement,'' that is exactly what Bill has helped achieve. Learning and
teaching, teaching and learning, when combined with Bill's unstoppable
energy and enthusiasm, you have a powerful combination.
Bill's passionate belief that a public education can he used as a
tool for upward mobility by students and communities throughout Los
Angeles is also illustrated in his work as an advocate to improve the
lives of working families. He has lent a strong, dedicated voice to the
educators and students of Los Angeles as a champion for education and
labor equity. Further, Los Angeles families are forever indebted to
Bill for his instrumental role in addressing racial, ethnic and
religious division in Los Angeles. His work organizing the ``Children
of the Dream'' outreach program, which brought Israeli-Ethiopians to
Los Angeles and took inner-city Los Angeles students to Israel, was
successful in creating dialogue and understanding between various
communities in Los Angeles.
Bill's retirement marks the final chapter in a distinguished career
in education that began and ends in Los Angeles. He has always been
respected and admired for his dogged commitment to improving the lives
of working families throughout Los Angeles, and his wonderfully giving
spirit. I wish Bill much luck and leisure in the days to come when he
can enjoy his
[[Page 1805]]
cherished pastime of traveling. I suspect, however, that even in
retirement Bill will continue to be a powerful and unyielding voice for
children.
Madam Speaker, as family, friends, and colleagues gather to celebrate
Bill's many accomplishments, it is with great admiration and pride that
I ask my colleagues to join me in saluting this exceptional advocate.
On behalf of the countless students and educators to whom Bill Lambert
has dedicated his career, and the entire labor community which has
benefited immensely from his lifelong contributions, I say thank you
and may you enjoy many more years of fruitful endeavors.
____________________
PERSONAL EXPLANATION
______
HON. MARSHA BLACKBURN
of tennessee
in the house of representatives
Thursday, February 7, 2008
Mrs. BLACKBURN. Madam Speaker, due to the state of emergency in West
Tennessee caused by a devastating tornado storm, I was unable to return
to Washington in order to vote on the evening of February 6, 2008. If
present, I would have voted ``yea'' on the following three bills:
Rollcall No. 29 for H. Res. 867; Rollcall No. 30 for H. Res. 942;
Rollcall No. 31 for H. Res. 943.
____________________
RECOGNIZING KEVIN HOLLAND AS SANTA ROSA COUNTY TEACHER OF THE YEAR
______
HON. JEFF MILLER
of florida
in the house of representatives
Thursday, February 7, 2008
Mr. MILLER of Florida. Madam Speaker, on behalf of the United States
Congress, it is an honor for me to rise today in recognition of Kevin
Holland, Santa Rosa County's Teacher of the Year.
For the past 14 years, Kevin Holland has captivated students at Pace
High School in Pace, Florida with his charismatic personality and
outstanding teaching practices. With classes in advanced and college
level math, students and teachers alike have marveled at his ability to
break down the curriculum and translate it into something tangible that
his pupils can comprehend. His exceptional ability to connect with the
students furthers their understanding of this advanced subject matter
and propels them towards academic success.
In addition to being named Teacher of the Year for Santa Rosa County,
Mr. Holland is also a designated Master Teacher. Both titles highlight
his outstanding teaching capabilities and emphasize his engaging
personality. Mr. Holland is liked and respected by students and
teachers, yet his involvement in the school is not limited to
Mathematics. Mr. Holland is also the voice of Pace High School's Red,
White, and Blue Band.
The title of Teacher of the Year is an immense honor and is evidence
of the greatness Mr. Holland has achieved. Beyond the title lies Mr.
Holland's dedication and devotion, to not only his students but to the
entire community. His teaching skills and affable personality have
influenced many and pushed countless students to a higher level of
academic achievement. Mr. Holland's outstanding accomplishments have
distinguished him as one of the greater teachers in Northwest Florida,
and Santa Rosa School District is honored to have him as one of their
own.
Madam Speaker, on behalf of the United States Congress, I am proud to
recognize Kevin Holland on this outstanding achievement for his
exemplary service in the Santa Rosa County School District.
____________________
NICOLE MARSALA, BROWARD COUNTY, FL TEACHER OF THE YEAR
______
HON. RON KLEIN
of florida
in the house of representatives
Thursday, February 7, 2008
Mr. KLEIN of Florida. Madam Speaker, I rise today to honor a
distinguished member of our community in Broward County, Florida. I
would like to recognize and congratulate Ms. Nicole Marsala as Broward
County's Teacher of the Year for 2009. Ms. Marsala has taught her
students the true meaning of civic duty, not only through her creative
teaching style, but also by example, having served Coral Springs for
over eight years.
Her innovative approach to teaching traditional topics in social
sciences provides her students with a new perspective on some of the
most important chapters in our country's history. She believes that
teaching involves more than just following lesson plans in textbooks,
and that it is critical to step outside the classroom from time to time
and learn through hands-on experience.
I believe that there is no lesson more significant and appropriate
for our students than how this country was founded, and how we can
continue to improve our community. As caring as she is competent, Ms.
Marsala has shown faithful dedication to the education of her students
by inspiring creativity and encouraging parents to take an active role
in fostering a passion for history and civic responsibility.
Madam Speaker, Coral Springs is privileged to have Ms. Marsala as a
teacher, and our entire community is grateful for her leadership. Her
lessons have truly gone beyond the classroom, and her contributions to
our community will certainly last for generations to come.
____________________
HONORING MARGARET GREGG
______
HON. ZOE LOFGREN
of california
in the house of representatives
Thursday, February 7, 2008
Ms. ZOE LOFGREN of California. Madam Speaker, I rise to acknowledge
and honor the great contributions of Margaret Gregg and would like to
recognize her exceptional and tireless service to the homeless in Santa
Clara County.
Ms. Gregg, who was named Woman of the Year for the 23rd Assembly
District of California, is formally retiring after seeing 8 years as
Santa Clara County's Homeless Concerns Coordinator.
In 1992, Ms. Gregg was hired to become the Executive Director of the
San Jose Family Shelter. She remained in that position until November
1999. In February 2000, Margaret Gregg became the Homeless Concerns
Coordinator for the County.
Ms. Gregg has been responsible for facilitating the County's
McKinney-Vento Grant, that brings about $8 million each year to more
than 30 different homeless serving organizations. In 2006, she
convinced the County to conduct a census of the homeless and followed
that effort with a Task Force to create a 10-Year Plan to End
Homelessness. Ms. Gregg also coordinates the Collaborative on
Affordable Housing and Homelessness, an organization of 250 local non-
profits and government agencies.
Ms. Gregg's contributions to the community are clearly demonstrated
in her compassion for and understanding of the homeless. With her
Catholic background and 30 years of teaching elementary and high school
students and special education students, Ms. Gregg is a strong believer
in the unifying powers of faith, tolerance and understanding.
I commend Ms. Gregg for her valuable service to our community and
wish her the best in her future endeavors. We are very fortunate to
have benefited from her compassion, expertise and commitment. She has
left her mark in Santa Clara County.
____________________
PERSONAL EXPLANATION
______
HON. LYNN C. WOOLSEY
of california
in the house of representatives
Thursday, February 7, 2008
Ms. WOOLSEY. Madam Speaker, I was unavoidably detained and was not
able to record my votes for Rollcall Nos. 29-31.
Had I been present I would have voted:
Rollcall No. 29--Yes--Commending the Houston Dynamo soccer team for
winning the 2007 Major League Soccer Cup;
Rollcall No. 30--Yes--Recognizing the significance of Black History
Month; and
Rollcall No. 31--Yes--Remembering the space shuttle Challenger
disaster and honoring its crew members, who lost their lives on January
28, 1986.
____________________
EXPRESSING APPRECIATION TO THE REPUBLIC OF KOREA AND TO KOREAN
AMERICANS
______
HON. JOHN BOOZMAN
of arkansas
in the house of representatives
Thursday, February 7, 2008
Mr. BOOZMAN. Madam Speaker, I rise today to congratulate Lee Myung-
Bak on his election as President of the Republic of Korea and to
express appreciation for the many contributions of the Republic of
Korea and Korean
[[Page 1806]]
Americans towards strengthening and enlarging the U.S.-Korea alliance
partnership.
On January 13, 1903 the first Korean immigrants arrived in the United
States. On that day each year, now known as Korean American Day, we
recognize and honor the economic, social, cultural and political
contributions Korean-Americans have made to the United States over the
last century. Korean-Americans have thrived in this country because of
a shared belief in the importance of family life, individual
responsibility, hard work and education.
Over the past 50 years we have seen the Republic of Korea emerge from
colonial rule and the ravages of war to stand alongside the United
States as a beacon of democracy, peace and security; prospering under a
free market economy whilst upholding the rule of law. Over these 50
years the Republic of Korea has been a loyal and indispensable ally to
the United States as we have worked at close quarters to combat those
who would threaten these shared values.
In recent times we have seen this commitment through South Korean
peacekeeping troops in Lebanon and Afghanistan, and the 650 South
Korean military personnel serving alongside our soldiers in Iraq today,
now the third largest partner in the coalition with $460 million
pledged to the reconstruction effort. At the end of December last year,
South Korea's National Assembly voted to extend the time of its
commitment to provide troops for the War in Iraq. While some of our
friends scale down their operations in Iraq, our South Korean friends
have remained steadfast in the War on Terror, for which we are truly
grateful.
In his farewell address to the Congress in 1951, one of Arkansas'
greatest sons, General Douglas MacArthur, said this of the Republic of
Korea: ``Of the nations of the world, Korea alone, up to now, is the
sole one which has risked its all against communism. The magnificence
of the courage and fortitude of the Korean people defies description.''
Madam Speaker, I would like to congratulate the new President-Elect
of the Republic of Korea, Lee Myung-Bak, and wish him well as he takes
on the responsibility of working with the United States to tackle the
challenges of the East Asian region, particularly the ongoing efforts
to denuclearize the Korean Peninsula. I ask that my colleagues join me
today in recognizing and honoring the U.S.-Korea Alliance and the
contribution of our South Korean friends to the global war on terror as
we work towards ensuring the safety of our citizens.
We look forward to fostering our historic relationship under the new
leadership of President Lee Myung-Bak.
____________________
IN HONOR OF THE SINAI SCHOOLS AND ITS STRONG COMMUNITY OF PUBLIC
SERVANTS
______
HON. SCOTT GARRETT
of new jersey
in the house of representatives
Thursday, February 7, 2008
Mr. GARRETT of New Jersey. Madam Speaker, I rise today to pay tribute
to the SINAI Schools, which provide a fulfilling environment for
meeting the unique educational needs of children and young adults with
learning and developmental disabilities.
Since 1982, the SINAI Schools have provided both Judaic and secular
studies for individuals with a wide variety of special needs. Their
elementary schools, high schools, and adult programs have earned praise
from local leaders, parents, educators, and students alike. They are
the only Jewish day school accredited by the Middle States Association
of Colleges and Schools. The SINAI Schools tend to more than just the
education of their students, they also care for their psychological and
emotional well-being.
SINAI Schools depends on a tremendous cadre of active community
leaders to maintain the unparalleled excellence of their programs. This
weekend, at their annual benefit dinner, they will honor eight of these
supporters who have dedicated so much of their time and energy to
ensuring that all people receive the quality education that they
deserve: Moshe and Arianne Weinberger, Teaneck, New Jersey; Mendy and
Nomi Schwartz, Teaneck, New Jersey; Jason and Chani Teigman, Englewood,
New Jersey; and Peter and Carol Weissman, Fair Lawn, New Jersey.
All of these individuals have demonstrated not only a strong
commitment to education, but as active participants in their
congregations and community groups like their local little leagues and
volunteer ambulance corps they have also demonstrated real dedication
to their heritage and their community as well. Such commitment is the
backbone of our society, and I join the families of the SINAI Schools
in commending these individuals this weekend.
____________________
COMMEMORATING THE HERITAGE OF DENTON, TEXAS
______
HON. MICHAEL C. BURGESS
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. BURGESS. Madam Speaker, I rise today to commemorate the
dedication of Paula Blincoe Collins' mural titled ``Historic
Quakertown.'' This dedication will celebrate Black History in the City
of Denton.
The artwork is the first commissioned public art project for The City
of Denton's Public Art Committee and will be dedicated on February 11,
2008.
Artist Paula Collins consulted with the descendants of the original
Quakertown to select a wide assortment of images that represented life
in this community. Collins then depicted these images on the brick
mural.
Paula Collins is well known for her skills in brick sculpture. Among
her many creations are two previously completed projects for City
facilities, the ``Woman of Justice'' installed in 1994 and two entrance
monuments erected in Denton at the Pecan Creek Waste Management
facility in 2000.
I am honored to serve a talented individual like Paula Blincoe
Collins in the 26th district of Texas and I know that her artwork will
both beautify the community and highlight the history of Denton for
years to come.
____________________
CONGRATULATING THE 2007 WEST VIRGINIA GIRLS SOCCER STATE CHAMPIONS
______
HON. SHELLEY MOORE CAPITO
of west virginia
in the house of representatives
Thursday, February 7, 2008
Mrs. CAPITO. Madam Speaker, I rise today to congratulate the 2007
West Virginia Girls Soccer State Champions, the Jefferson County Lady
Cougars, who hail from West Virginia's second congressional district.
The 2007 West Virginia State Tournament took place in Beckley on
November 3, 2007. The Lady Cougars played defending champion,
Parkersburg High School in the final game of the tournament.
Coach Harold ``Dunnie'' Bach led the ladies to victory winning
overall 18-1-3 season. The Lady Cougars made Jefferson County history,
as the first soccer team in the county to win a state championship.
Madam Speaker, it gives me great pride to acknowledge the Lady
Cougars as the 2007 West Virginia Girls Soccer State Champions. Again,
congratulations to these talented young women.
____________________
HONORING THE UNI-CAPITOL WASHINGTON INTERNSHIP PROGRAM
______
HON. JOE COURTNEY
of connecticut
in the house of representatives
Thursday, February 7, 2008
Mr. COURTNEY. Madam Speaker, for decades the United States has looked
towards Australia as one of our closest of cultural, economic and
security partners. This is true not just between the two governments
but among Americans and Australians who have crossed the Pacific to
visit with or work with each other. I am pleased to rise today to
recognize the Uni-Capitol Washington Internship Program, which annually
delivers some of Australia's best and brightest university students to
a bipartisan and bicameral array of congressional offices for two-month
internships.
This is the first year that I have been privileged to participate in
the Uni-Capitol Washington Internship Program. A student emissary to my
office, Anthony Bremner, has added first-hand value to our
understanding of global issues and perspectives as seen from Australia.
Anthony, who visits us from the University of Queensland, is a text-
book example of the high caliber of this program. Over the past two
months, he has applied his volunteer experiences from the constituency
office of Australia's newly elected Prime Minister, Kevin Rudd, to my
office. During this time, Anthony has attended committee briefings,
drafted constituent correspondence, and assisted my staff with
research. His Australian accent frequently sparked conversations with
my constituents interested to learn where he was from and to share
their international experiences with him. This international exchange
has demonstrated that through sharing our American and eastern
Connecticut values and experiences we foster
[[Page 1807]]
greater understanding and appreciation of the United States.
Anthony is not alone in this effort. This year, a record 13 students
from all across Australia were matched with as many congressional
offices. They were drawn from seven Australian universities in four
different states and the Australian Capital Territory. Far from a
solely academic exercise, the Uni-Capitol program is a practical
investment in our global community, given the diverse array of
congressional participants and an equally diverse array of student
interests ranging from law to commerce, from the environment to
communications, from international affairs to American studies.
Including this current group, 81 Australian students will have
interned in Washington since the program's inception nine years ago.
For launching and directing this effort here in Washington, much credit
is due to its founder Eric Federing. Eric is a former senior House and
Senate Congressional staffer who has worked to bridge the wide
geographic distance between the U.S. and Australia through his efforts
at the Uni-Capitol Washington Internship Program.
Madam Speaker, I would encourage all of my colleagues to seek
connections with members of our global community. Similarly, I would
encourage American university students to seek established and creative
ways to connect with their counterparts around the globe. On this note,
I ask my colleagues to join with me in recognizing the contributions of
the Uni-Capitol Internship Program and, again, thank Anthony Bremner
for his participation and hard work.
____________________
HONORING THE PRINCESS POCAHONTAS PAGEANT AND BALL FESTIVAL
______
HON. HENRY CUELLAR
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. CUELLAR. Madam Speaker, I rise today to recognize the history
behind the Princess Pocahontas Pageant and Ball festival during the
111th Washington Birthday Celebration in Laredo, Texas.
The iconic figure of Princess Pocahontas holds a special place in the
heart of the festivities, and made its first appearance in the first
Washington Birthday Celebration, which was hosted by the Improved Order
of Red Men. In 1897, this fraternal organization created a celebration
around the birth of George Washington, and part of the initial
festivities centered around an Indian ambush, but with a twist.
Princess Pocahontas rode into town and rescued the city, as much as she
did for Captain John Smith. This story represents the important link
between Laredo and its connection to the Native American community
during the Washington Birthday Celebration festivities.
Today, Princess Pocahontas is chosen from the annual beauty festival,
which introduces audiences to various aspects of Native American
culture. Princess Pocahontas is accompanied by her court of Indian
maidens and chieftains during the festival, and they pay homage to the
Great Spirit with Native American rituals and dances. One
quintessential part of the Princess Pocahontas tradition is that she
rides on a horse, with the key to the City of Laredo in her hand as a
reminder of the first ceremony in which she saved the citizens of
Laredo in the first Washington Birthday Celebration. This year,
Princess Pocahontas will be portrayed by Ms. Liza Nicole Gonzalez at
the 111th Princess Pocahontas Pageant and Ball on February 16, 2008.
Madam Speaker, I am honored to have had this time to recognize the
long history behind the Princess Pocahontas Pageant and Ball.
____________________
HONORING ALPHA KAPPA ALPHA SORORITY OF AMERICA
______
HON. JOSE E. SERRANO
of new york
in the house of representatives
Thursday, February 7, 2008
Mr. SERRANO. Madam Speaker, I rise today to pay tribute to the Alpha
Kappa Alpha Sorority of America on the occasion of its centennial
anniversary in January, 2008. The Alpha Kappa Alpha (AKA) Sorority is
the first African American sorority in America to reach the milestone
of 100 years, and represents the first Greek-letter organization in
this country founded by, and for, African American college women. The
AKA motto is to ``provide service to all mankind.'' Over the years, AKA
members have broken barriers and attained positions in American society
of tremendous distinction. The AKA sisterhood prides itself on
achievement, sacrifice, and a strong belief in the limitless potential
of women of color. Together, the AKA's strive for the betterment not
only of themselves, but their families, their neighborhoods, and the
larger global community.
From its founding in 1908, through 1921, Alpha Kappa Alpha underwent
a period of significant growth. Chapters were first established
throughout the Northeast and Midwest, and beginning in the mid 1920's,
AKA founded new chapters in the Southeast. One of the most remarkable
aspects of the AKA sorority is the history of its original nine
founding members. Born during the Reconstruction era, and enrolling at
Howard University at the turn of the 20th century, the founding AKA
women embodied courage and soaring intellect. During a time in our
nation's history when African Americans, and women especially, were
viewed as second class citizens, the original AKA sisters coalesced
around an affirmation of their own dignity. They taught women of color
across the Nation that belief in one's self, in one's potential, is the
essential building block upon which anything is possible. In a dark
chapter of our history, theirs was a message of light--of hope,
sacrifice and hard work in the pursuit of self-determination.
This summer, more than 20,000 members of the Alpha Kappa Alpha
Sorority will come together on the campus of Washington, DC's Howard
University to honor this legacy. Sorors from around the world will
retrace the steps taken by the founding members ten decades ago in what
is being called the ``Walk Through History.'' Discussions and plenary
sessions will be convened, where together, members will rededicate
themselves to the founding principles of the AKA tradition and chart a
new course for the next 100 years.
Madam Speaker, I am moved by the Alpha Kappa Alpha's prodigious
historical narrative. The redoubtable strength and prescient vision of
the founders paved the way for a sorority which today claims more than
200,000 members, 975 chapters, and a presence not only in the United
States, but also the Caribbean, Canada, Germany, Korea, Japan, and the
continent of Africa. Their unifying mission remains to serve others,
while also challenging themselves and their fellow sisters to reach
higher for the possible. On behalf of the nearly 3,000 members of the
Alpha Kappa Alpha Sorority who reside throughout the 16th Congressional
District of New York, and the surrounding counties, as well as myself,
I ask that my colleagues join me in paying tribute to this most storied
American sisterhood.
____________________
IN CELEBRATION OF THE 74TH ANNIVERSARY OF THE COLUMBUS ALUMNAE CHAPTER
OF DELTA SIGMA THETA SORORITY, INC.
______
HON. STEPHANIE TUBBS JONES
of ohio
in the house of representatives
Thursday, February 7, 2008
Mrs. JONES of Ohio. Madam Speaker, I rise today in honor of the 74th
anniversary of the Columbus, Ohio Alumnae Chapter of my beloved
sorority Delta Sigma Theta Sorority, Incorporated. Chartered on May 20,
1934, the Columbus Alumnae chapter was the 66th chapter of the
sorority. Additionally, Delta Sigma Theta, a public service, non-profit
organization, will celebrate 95 years of service, locally and globally,
this year.
Delta Sigma Theta Sorority, Inc. is a sorority of predominantly Black
college-educated women founded here in Washington, DC at Howard
University in 1913. The major programs of our sorority revolve around
our Five Point Thrust of: economic development, educational
development, international awareness and involvement, physical and
mental health, and political awareness and involvement. With over
250,000 members, Delta Sigma Theta Sorority works to continue the
vision of our 22 Founders.
This year, during their annual Founder's Day Luncheon, the Columbus
Alumnae Chapter highlight the many activities they have been engaged in
that have contributed to the betterment of the Columbus area including
youth Read-Ins, Scholarships to High School graduates, mentorship, and
art and culture programs. Additionally, they will recognize African
American women in the Columbus area who have demonstrated a strong
commitment to the community during their annual Founders Day Luncheon.
Therefore, I commend the Columbus Alumnae Chapter of Delta Sigma
Theta Sorority, Inc. for their commitment to the people of Columbus,
Ohio and across this country. I join with them in this celebration and
thank them for their enduring commitment to the sisterhood,
scholarship, and service of Delta Sigma Theta Sorority, Inc.
[[Page 1808]]
____________________
PERSONAL EXPLANATION
______
HON. PAUL RYAN
of wisconsin
in the house of representatives
Thursday, February 7, 2008
Mr. RYAN of Wisconsin. Madam Speaker, on rollcall No. 29, H. Res.
867, commending the Houston Dynamos for winning the 2007 Major League
Soccer Cup, I was absent due to inclement weather grounding flights in
Wisconsin.
Had I been present, I would have voted ``aye.''
____________________
RECOGNIZING THE 50TH ANNIVERSARY OF THE DEFENSE ADVANCED RESEARCH
PRODUCTS AGENCY
______
HON. JAMES P. MORAN
of virginia
in the house of representatives
Thursday, February 7, 2008
Mr. MORAN of Virginia. Madam Speaker, today I join a bipartisan team
of my colleagues to introduce a resolution to recognize the 50th
anniversary of the Defense Advanced Research Projects Agency (DARPA).
October 1957, the Soviet Union ushered in a new dimension to the Cold
War with the United States when it successfully launched Sputnik I, the
world's first artificial satellite, into space.
So, on this day, in 1958 the Department of Defense established the
Advanced Research Projects Agency (ARPA) to serve under the secretary
of Defense as the specialized technical engine for the United States
Military. The threat of Soviet technological superiority and space
domination could not be tolerated amid the growing tensions and
developing arms race between the two superpowers. DARPA was tasked to
confront this threat.
As DARPA focused its technological strengths on the space mission,
the agency achieved the unimaginable. The Saturn V rocket, which
enabled the United States to launch the Apollo missions to the moon
originated on a DARPA drawing board. Perhaps more important, DARPA
developed the first surveillance satellites that gave our Nation
accurate intelligence on Russian missile program activities throughout
the world.
As the military mission evolved throughout the last half century, so
too did the DARPA focus. Recognizing the changing nature of warfare
well in advance of today's battles, DARPA revolutionized the way our
Nation fights wars. Instead of sacrificing more troops by putting them
in harm's way, our military now uses stealth technology in our
aircrafts, advanced precision munitions that can be dropped into
theater without dropping in troops, and now the Predator and Global
Hawk unmanned air vehicles dominate the world's airspace.
DARPA's ongoing commitment to the military is not limited combat. The
agency's programs are developing real-time accurate language
translation, prosthetics that can be controlled by the brain, and
alternative fuel sources for military vehicles that will help eliminate
our Nation's dependency on foreign sources of oil.
Of course, DARPA's success has not been limited to military
innovation. ARPANET, the world's first operational packet switching
network, led to the development of today's Internet. Since DARPA
engineers first started to connecting remote computers to each other to
talk about their shared ideas and work, the Internet has revolutionized
the world with the creation of endless possibilities.
The reason that DARPA's work engages the cutting edge of technology
is a result of its unique business model. By limiting project managers
to 4 to 6 year terms, DARPA optimizes the flow of new ideas by
empowering industry experts to take risks, think outside the box and
advance ground breaking research projects.
DARPA continues to meet the growing needs of the Nation as it
develops significant cutting edge technology elevates the U.S. to the
forefront of innovation and propels our military to be the most
superior fighting force in the world.
I am proud to recognize DARPA's 50 years of innovation, and I urge my
colleagues to support this resolution.
____________________
INTRODUCTION OF THE AUTOMOBILE ARBITRATION FAIRNESS ACT OF 2008
______
HON. LINDA T. SANCHEZ
of california
in the house of representatives
Thursday, February 7, 2008
Ms. LINDA T. SANCHEZ of California. Madam Speaker, I rise today to
introduce the Automobile Arbitration Fairness Act of 2008. This
legislation will extend to certain consumers what Congress granted to
automobile dealers in 2002: freedom from mandatory binding arbitration
agreements.
Automobile manufacturers imposed mandatory binding arbitration
clauses in their dealer contracts to forego forums otherwise available
under state law. Unfortunately, states could not effectively address
the increasing imposed use of mandatory arbitration clauses because the
Federal Arbitration Act preempts such state laws. As a result, auto
dealers had no legal recourse and were bound to using arbitration.
Automobile dealerships voiced their plight to Congress, which in 2002
passed the 21st Century Department of Justice Appropriations
Authorization Act. This legislation included language to allow
arbitration only if both parties to a motor vehicle franchise contract
consented in writing to arbitration and if the consent was done after a
controversy arose out of that contract.
Although automobile dealerships now have the option not to enter into
mandatory binding arbitration agreements, many dealers require such
binding agreements in their sales or lease contracts with automobile
purchasers and lessees. This legislation would connect the chain from
manufacturers to dealers and from dealers to consumers, by requiring
the consent of both parties to enter into contracts with binding
arbitration clauses in automobile sales and lease contracts.
I urge my colleagues to join as cosponsors of this legislation.
____________________
PERSONAL EXPLANATION
______
HON. MIKE ROSS
of arkansas
in the house of representatives
Thursday, February 7, 2008
Mr. ROSS. Madam Speaker, on Wednesday, February 6, 2008, I was not
present for votes due to a delayed United Airlines flight.
Had I been present for rollcall 29, Commending the Houston Dynamo
soccer team for winning the 2007 Major League Soccer Cup, I would have
voted ``aye.''
Had I been present for rollcall 30, Recognizing the significance of
Black History Month, I would have voted ``aye.''
Had I been present for rollcall 31, Remembering the space shuttle
Challenger disaster and honoring its crew members, who lost their lives
on January 28, 1986, I would have voted ``aye.''
____________________
PERSONAL EXPLANATION
______
HON. PAUL RYAN
of wisconsin
in the house of representatives
Thursday, February 7, 2008
Mr. RYAN of Wisconsin. Madam Speaker, on rollcall No. 30, H. Res.
942, recognizing the significance of Black History Month, I was absent
due to inclement weather grounding flights from Wisconsin.
Had I been present, I would have voted ``aye.''
____________________
ARLENE PIAZZA
______
HON. JOE BACA
of california
in the house of representatives
Thursday, February 7, 2008
Mr. BACA. Madam Speaker, I stand here today in remembrance of a
distinguished member of the Fontana community and a dear friend, Arlene
Piazza.
Due to complications following surgery, Arlene passed away the night
of February 5th. Her death comes 3 years after the death of her beloved
husband, Mr. John Piazza. Together the Piazzas were key players in our
Fontana school district and city governments. Their absence will be
felt by many.
For 18 years Arlene worked in business and industry. Later this
dedicated woman extended her talents to our Nation's academics where
she dedicated 20 years to education. We were honored to have her in our
Fontana Unified school system for 13 of those years. Her zeal and
passion for educating our children is reflected in those 20 years
through the numerous roles she took on.
Arlene served as a gifted counselor and in 2003 was elected to the
Fontana School Board. There she served as a caring and committed member
who was known for loving
[[Page 1809]]
every child. Her work ethic was continuously commended and her
priorities were always focused on what was best for our young students.
Her passions were to open doors of opportunity and extend a helping
hand as she pushed our youth to explore a fulfilling educational
future. This commitment was made apparent in 2006, when she fought to
ensure voters approved a $275 million bond measure going towards the
physical improvement of schools.
While it is with sadness that we say goodbye to an incredible woman,
we remember the positive change she made while she was with us. The use
of her life to benefit her community is unquestionable and has served
to nurture a sense of priority towards education and our young
generation's future opportunities. Although now gone, in her absence
she will continue to serve as an inspiration to us all.
I thank Arlene Piazza for dedicating her life to service in the
Fontana community. I am honored to consider Arlene a colleague in the
fight to improve education and I truly appreciate all she has given to
our community and our country. She will be greatly missed. Barbara, my
family, and I extend our deepest condolences to her family.
Arlene's life was dedicated to family, friends and her community. Her
memory lives on in our thoughts and prayers. She will always have a
special place in our hearts. She was special to all of us. She is now
in a better place with her heavenly Father and at peace.
____________________
PERSONAL EXPLANATION
______
HON. GWEN MOORE
of wisconsin
in the house of representatives
Thursday, February 7, 2008
Ms. MOORE of Wisconsin. Madam Speaker, a snowstorm in Milwaukee
cancelled all flights to Washington, DC yesterday, and I was unable to
vote on rollcall votes 29, 30, and 31. Had I been present I would have
voted ``yes'' on all three.
____________________
NANDO GOMEZ
______
HON. SOLOMON P. ORTIZ
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. ORTIZ. Madam Speaker, I rise to pay tribute to one of my most
trusted staff members, my Chief of Staff, Fernando P. ``Nando'' Gomez,
Jr. After working in Congress for 7 years, the past 2 as my chief of
staff, Nando will be joining the private sector.
Nando's dedication to and interest in public service has led him from
the small town of Gregory, TX, to the corridors of two Capitols. During
his senior year at the University of Texas in 1994, he began working
for the Texas House Speaker James E. ``Pete'' Laney. Nando worked for
Speaker Laney for nearly 5 years and was appointed the House reading
clerk during the 74th and 75th Legislative Sessions.
He then moved to Washington, DC in 1998 and worked for Congressman
Martin Frost, serving as legislative assistant and then as legislative
director. He joined my staff in 2005 and rose from Legislative Director
to Chief of Staff.
Words cannot begin to describe what Nando has meant to me, my staff,
and the people of the 27th district of Texas. I have relied on Nando
for his professionalism, work ethic, and friendship. He takes pride in
his work, which is especially personal to him because he was born and
raised in the district I represent. For him, it has not just been about
serving as my chief of staff--it is about advocating for the issues of
his hometown, his family, and his roots.
Nando has also taken an active role with local youth. He serves in
Big Brothers/Big Sisters Mentor program, where he has had the honor of
serving as big brother to his little brother, Franklin, for nearly 5
years. Nando is an avid sports fan whose allegiances lie with the Texas
Longhorns, Houston Astros, San Antonio Spurs and the Dallas Cowboys.
Though I bid Nando a sad farewell from my office, it will certainly
not be a good bye. I look forward to seeing him around the Capitol when
he comes up to catch up with old friends.
Nando remains a trusted member of my family, and I will always seek
his counsel on matters political and personal. I wish him, his wife
Kristy and son Dominic the best of luck during the new phase of his
life.
____________________
HONORING LEGO'S 50TH ANNIVERSARY
______
HON. JOE COURTNEY
of connecticut
in the house of representatives
Thursday, February 7, 2008
Mr. COURTNEY. Madam Speaker, for the past 50 years LEGO has
transformed childhood play and provided invaluable academic and
economic contributions to local communities around the globe. On
January 29, 2008, LEGO celebrated its 50th anniversary. I rise today to
recognize 50 years of LEGO innovation and contributions.
LEGO USA headquarters is located in my district in Enfield,
Connecticut. Over the past three decades since headquarters moved from
Brookfield to Enfield, Connecticut in 1975, the company has made
substantial contributions to the local community. Today it remains the
town's largest employer. Although the Enfield offices have struggled in
recent years in light of increasing globalization pressures, I remain
hopeful that it will continue to innovate and thrive as part of
Connecticut's economy. Education and family programs, which have been
highlights of the corporation in the past, will continue to have
positive lasting impacts on the community in the future.
The LEGO Creative Child Care Center KinderCare@Work program, which
accommodates children ages 6 weeks to 12 years of age, has received
national accolades for quality childhood development services. LEGO's
KinderCare@Work program incorporates an engaging, thought-provoking
curriculum into a healthy and safe environment for children from the
local community. Quality early education programs, like LEGO's
KinderCare@Work, are essential for promoting academic and professional
success in latter years and should be a model for other private and
public early education programs.
Programs geared towards middle and high school students, such as the
FIRST LEGO League (FLL), also provide impetus for academic success and
an environmentally and socially conscientious society. FLL programs
encourage students to look at problems currently affecting global
communities from a pragmatic and analytical perspective. LEGO USA has
been a regular host of FLL tournaments. In 2007, students from Enfield
and all of Connecticut joined students from around the globe in
addressing a fundamental question that continues to be the focus of
leading environmentalists, engineers, scientists, and politicians: the
economic, environmental, and social impact that our energy consumption
choices have on our global community.
From, simple yellow and red blocks to black knights and ninjas, the
iconic toy has remained a classic, thought-provoking source of play for
children around the world. For providing positive academic and economic
development in communities around our globe and inspiring generations
of artists, architects, and engineers, I ask my colleagues to join with
me and my constituents in honoring LEGO's 50th anniversary.
____________________
HONORING ANDREW ``JACK'' FULTZ
______
HON. GEOFF DAVIS
of kentucky
in the house of representatives
Thursday, February 7, 2008
Mr. DAVIS of Kentucky. Madam Speaker, I rise today to honor the
memory of a great Kentuckian.
Andrew ``Jack'' Fultz served Carter County for most of his life. He
coached the Olive Hill High School basketball team from 1951 to 1968,
leading the team to the State tournament in 1955, 1956, and 1959. He
became a good friend and father-figure to many of his players and
maintained that connection long after they were finished playing. Jack
ended his career with an impressive win-loss record and was inducted
into the Kentucky High School Athletic Association Hall of Fame.
In 1983, Jack's 794-page book, A Comets' Tale, was published. The
book chronicles the history of Olive Hill High School athletics and
serves as a testament to his knowledge and love for the many students
that he coached.
Jack served the Carter County Board of Education for 60 years,
working as a teacher, assistant principal, principal, assistant
superintendent and supervisor. Though he loved coaching and working for
the schools, his family always came first. Jack developed a deep faith
in God and became an active member of the First Baptist Church in Olive
Hill.
I ask that today, as we pay tribute to Jack's extraordinary life of
service that we send to Jean, Jack's wife of 60 years, and the rest of
the Fultz family, our deepest condolences. Jack continues to be a role-
model for all of us and his memory will live on through his life's
work.
[[Page 1810]]
____________________
TRIBUTE TO KANSAS CIVIC PHILANTHROPIST RON DEFFENBAUGH
______
HON. DENNIS MOORE
of kansas
in the house of representatives
Thursday, February 7, 2008
Mr. MOORE of Kansas. Madam Speaker, I rise today to pay tribute to my
friend, Ron Deffenbaugh, of Shawnee, Kansas, the founder of Deffenbaugh
Industries.
Recently, the Shawnee Chamber of Commerce presented its 2007 Citizen
of the Year Award to Ron Deffenbaugh, who moved to the Kansas City area
at age 9 and started a trash collection business with one truck at age
15 in 1957. Since that modest beginning, Deffenbaugh Industries became
the largest privately owned refuse firm in the Midwest, including the
Johnson County landfill, Deffenbaugh Disposal Service, Shawnee Rock and
Johnny on the Spot. Deffenbaugh sponsors annual city events, including
Old Shawnee Days, Fields for Freedom, Tidy Town, Shawnee Christmas
Around Town,, and the Great Grillers barbecue competition. In 2007,
Deffenbaugh sold his company to DLJ Merchant Banking Partners.
At the conclusion of the annual Chamber dinner, Deffenbaugh
Industries President Mark Rosenau announced a $500,000 donation from
Deffenbaugh to the Shawnee Town renovation project. As Rosenau said,
``Ron started Deffenbaugh Disposal Service 50 years ago, and he always
had a special affection for Shawnee. He was always quietly generous
when it came to requests for services, donations and support from
Shawnee groups and individuals. When Ron was informed he had been
selected for this most prestigious award, he said he wanted to give
something back to his city. He knew the city planned to rebuild Shawnee
Town and he decided he wanted to help with that effort.''
The City of Shawnee recently issued a press release commending Ron
Deffenbaugh for his recent gift to the city and for his lifetime of
service and support. Madam Speaker, I include that statement with my
remarks and know that all members of the U.S. House of Representatives
join with me in commending this outstanding community leader:
Deffenbaugh Donates to Shawnee Town
What a wonderful Night in Casablanca, shared by Shawnee
City Officials and business leaders at the Sheraton this past
Saturday! The Shawnee Chamber of Commerce hosted their Annual
Dinner, which is a gala event honoring civic and business
leaders in the community and celebrating a year of great
achievement. The theme of Casablanca was apparent through the
fashionable attendees and tropical atmosphere of the event.
Many leaders were honored at the event including past
Chairman and former Shawnee Mayor Jim Allen for his 2007
leadership of the Chamber, Councilmember Dawn Kuhn for the
2007 Ambassador of the year and Ron Deffenbaugh was named
2007 Citizen of the Year.
The citizen of the year honor was well deserved by Ron
Deffenbaugh for his countless contributions to the Shawnee
community. Deffenbaugh moved to the Kansas City area at the
age of nine and started his trash collection business with
one truck at the age of 15 in 1957. Since those modest
beginnings, Deffenbaugh Industries, Inc. has grown to become
the largest privately-owned refuse firm in the Midwest.
Deffenbaugh Industries has expanded over the years to include
the Johnson County Landfill, Deffenbaugh Disposal Service,
Shawnee Rock and Johnny on the Spot. Deffenbaugh saw
significant success and this has been shared with the Shawnee
community through donations to the City and countless
organizations in the community.
Deffenbaugh annually sponsors many of the City events
including Old Shawnee Days, Fields for Freedom, Tidy Town,
Shawnee Christmas Around Town, St. Patrick's Parade, Sister
Cities Program, Great Grillers BBQ Competition and various
other events and programs. They have been a wonderful
community partner always generously contributing to Shawnee.
Deffenbaugh executives, Tom Coffman and Mark Rosenau accepted
the award on behalf of Ron on Saturday and announced that he
was pledging $500, 000 to the renovation of Shawnee Town.
Shawnee Town is an outdoor museum interpreting small town
rural life from the 1920s, which includes a museum grounds
featuring a home, barn, school, post office, chapel, fire
station, various businesses, and gardens. The strategic plan
for the renovation of the area was approved in 2007, and this
donation will be a tremendous help in getting the project
started The City is extremely grateful to Ron Deffenbaugh and
applauds his honor of being named 2007 Citizen of the Year!
____________________
CONGRATULATING JONATHAN M. SCHNEIDER
______
HON. TIMOTHY H. BISHOP
of new york
in the house of representatives
Thursday, February 7, 2008
Mr. BISHOP of New York. Madam Speaker, I rise to recognize and honor
Jonathan M. Schneider, my departing district office director and
communications director who was recently appointed the Deputy
Supervisor of the Town of Brookhaven on Long Island.
Jon is a hard-working and dedicated public servant who has
consistently demonstrated a steadfast commitment to the people of
eastern Long Island. As one of my original staffers, I have enjoyed
watching Jon develop and sharpen his communications and political
skills.
Jon started as a press secretary when I opened my Washington office
in 2003. He became a trusted advisor who helped shape and carry out my
agenda. He was already an experienced congressional staffer with
service as Congressman Steve Rothman's press secretary. Additionally,
he brought energy and environment policy expertise to my staff as a
former national political representative of the Sierra Club.
When Jon moved back home to Long Island, I was delighted to keep him
on board my staff as the communications and district office director.
As the leader of my office in Coram, New York, I have always been able
to count on Jon's counsel to deliver effective constituent services.
Jon has also excelled at advocating key transportation and
infrastructure projects on Long Island. He has helped me advocate
important conservation initiatives, particularly the preservation of
open spaces and biodiversity in Long Island Sound. He was also
instrumental in helping me secure a federal study of the severely
polluted Forge River in Mastic, New York.
Such important assignments involved working closely and almost daily
with multiple levels of local elected representatives and maintaining
important working relationships with government officials, civic groups
and community advocacy organizations. As such, Jon proved to be an
invaluable asset to my staff, both as a skilled professional and
through his friendly, light-hearted nature.
Jon currently resides in Port Jefferson Station with his wife, Mary
Ellen, their nearly five-month-old daughter, Eleanor, along with a
notorious yet very talented pet tortoise named Boris. While I am
saddened to see him leave my staff, I congratulate Jon on his
appointment and will look forward to observing his continuing career in
public service in the years ahead.
Madam Speaker, on behalf of my staff and the people of the first
congressional district of New York, I thank Jonathan M. Schneider for
his hard work to improve the lives of eastern Long Island's residents.
I wish him and his family continued success, good health and the best
of luck for years to come.
____________________
RECOGNIZING THE REVEREND DR. CARL F. BROOKS
______
HON. TIM MAHONEY
of florida
in the house of representatives
Thursday, February 7, 2008
Mr. MAHONEY of Florida. Madam Speaker, today, I rise to honor Dr.
Carl F. Brooks for his commitment to service in his community and his
church, First Macedonia Missionary Baptist Church in Punta Gorda,
Florida. Dr. Brooks has employed his selfless vision to promote and
provide resources that help people turn to God.
Sunday February 10, 2008 will mark the 28th anniversary of Dr.
Brooks' service as Pastor of First Macedonia Missionary Baptist Church.
He began in 1980 when Punta Gorda was a small town on the southwest
coast of Florida. As Punta Gorda grew, his vision and mission to serve
expanded to provide human services and educational resources.
The Reverend Dr. Brooks is quoted as saying ``The future is not
something you enter, it is something you create. We will not continue
with `Business as Usual', we will be guided by an authentic vision
through which the Kingdom's agenda is accomplished.''
In his capacity as visionary and servant of Charlotte County, the
Reverend Dr. Brooks has made his church part of the Emergency Shelter
National Board Program by providing food and shelter to residents in
times of disaster. He has worked tirelessly to create nonprofit
organizations that help children and families, promote educational
opportunities for his congregation, and serves as a member of the
National Baptist Convention of America in addition to being Florida's
representative for the Board of Evangelism.
[[Page 1811]]
Dr. Brooks is the proud husband of Karen and the father of three
daughters Tonya, Carla and Kayla.
I am proud to recognize Dr. Brooks for his great service to both
Charlotte County and the First Macedonia Missionary Baptist Church. Our
community is truly blessed to have Dr. Brooks as a resident. I would
like to express my thanks and gratitude to Dr. Brooks for his service
to our community and our country.
____________________
HONORING MR. ED SIEGMANN
______
HON. TIMOTHY H. BISHOP
of new york
in the house of representatives
Thursday, February 7, 2008
Mr. BISHOP of New York. Madam Speaker, I rise on behalf of New York's
first congressional district to mourn the passing of a beloved
constituent and treasure of the Long Island community, Mr. Ed Siegmann.
Born in Ridgewood Queens, New York in 1919, Ed was an exemplary
citizen who served honorably in the U.S. Army during World War II. Upon
his return, Ed became a tireless advocate for the interests of seniors
on Long Island, perhaps most effectively as the President of the
Suffolk County United East End Senior's Council.
Frustrated by the lack of media coverage concerning health care and
other challenges faced by seniors in Suffolk County, New York, Ed
approached publishers with an idea to write about them himself. As a
result, Ed's column in the Suffolk Life newspaper, ``The Upper Half,''
was born in 2000. The following year, Ed had the distinction of being
the only Long Island resident to be awarded the prestigious Beneficiary
Services Certificate of Merit.
Ed's tireless work to promote economic and social justice for the
elderly and disabled were boundless. He was the founder and vice
president of Southold TaxPac; president of the Southold-Mattituck
Senior Citizens Club; a member of Seniors Against Discrimination; and a
member of Southold's Senior Housing Taskforce. He worked in these
organizations to improve the lives of seniors by working to reduce
taxes, and to promote affordable health care and moderately priced
senior housing.
Indeed, Ed was a local hero who was a shining example of a concerned
and active citizen who was among our community's most effective
champions for the rights of the elderly. It is entirely appropriate
that he is honored by the naming of the Ed Siegmann Community Room at
the Southold Town Human Resources Center.
Madam Speaker, it was truly an honor to work with Ed and to call him
a friend. On behalf of a grateful community, I thank Ed Siegmann for
his many enduring contributions to eastern Long Island, where he will
always be missed but whose memory will be forever cherished.
____________________
HONORING THE 111TH ANNIVERSARY OF THE WASHINGTON BIRTHDAY CELEBRATION
ASSOCIATION
______
HON. HENRY CUELLAR
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. CUELLAR. Madam Speaker, I rise today to recognize the 111th
anniversary of the Washington Birthday Celebration Association (WBCA)
in Laredo, Texas.
The Washington Birthday Celebration is a nearly month-long event held
in Laredo, Texas. It is the largest celebration of its kind in the
United States that honors the birthday of George Washington, the first
President of the United States. The festival receives over 400,000
attendees, and consists of various celebrations including the Society
of Martha Washington Colonial Pageant & Ball, Princess Pocahontas
Pageant and Ball, parades, a carnival, an air show, and live concerts.
The WBCA was founded in 1898 by the patriotic Improved Order of the
Red Men, Local Chapter Yaqui Tribe No. 59, whose members included
prominent Laredoans of both Mexican and American ancestry. The first
celebration was a great success, and its popularity grew when the
Washington Birthday Celebration Association of Laredo, Inc., received
its state charter in 1923. In the following year, in 1924, the
Celebration featured its first Colonial Pageant, which showcased
thirteen young women from Laredo, representing the thirteen original
colonies. The International Bridge Ceremony is the welcoming ceremony
between officials and dignitaries from Mexico and United States as a
sign of international good will between the two nations.
Madam Speaker, I am honored to have had this time to recognize the
111th anniversary of the Washington Birthday Celebration Association in
Laredo, Texas.
____________________
HONORING MEMBERS OF EASTERN CONNECTICUT
______
HON. JOE COURTNEY
of connecticut
in the house of representatives
Thursday, February 7, 2008
Mr. COURTNEY. Madam Speaker, it is with great pleasure that I rise
today to recognize the heroic efforts of four members of eastern
Connecticut's community: Robert Butler, John Roberts, and Shelly and
Greg Erb. These individuals' selfless and quick, smart actions saved
the lives of two kayakers from the frigid waters of the Noank River. On
Friday, February 7, 2008, Robert Butler and John Roberts will be
presented with a Meritorious Public Service Award by Rear Admiral
Timothy Sullivan and Captain Dan Ronan. Shelly and Greg Erb will be
presented with a Certificate of Merit.
On January 30, 2008, Shelly Erb was driving to her home in Noank,
Connecticut, when she spotted a stranded kayaker on the bank of the
Noank River. Once home, she immediately notified her husband, Greg Erb
who called 911 and the Noank Village Boatyard. Shelly and Greg's quick,
decisive actions to notify both emergency responders and the Noank
Village Boatyard would ultimately prove to save both kayakers' lives.
Employees of the Noank Village Boatyard, Robert Butler and John
Roberts received the call from Mr. Erb. The waters were near freezing,
and understanding that prolonged exposure posed serious life-
threatening risks, the men immediately launched a boat to find the
kayakers. Soon after, Robert and John were able to locate the kayakers,
one of whom remained in the water, nearly unconscious. Robert and John
rescued the kayaker from the water and helped both to a waiting
ambulance. Both kayakers survived.
The events that unfolded on January 30 could have very possibly ended
in tragedy. Instead, our community witnessed the very best of its
neighbors. I ask my colleagues to join with me and my constituents in
recognizing and saluting the heroic efforts of Robert Butler, John
Roberts, and Shelly and Greg Erb.
____________________
HONORING FORT DAVIS, TEXAS ON BEING LISTED IN THE NATIONAL TRUST FOR
HISTORIC PRESERVATION'S 2008 DOZEN DISTINCT DESTINATIONS
______
HON. CIRO D. RODRIGUEZ
of texas
in the house of representatives
Thursday, February 7, 2008
Mr. RODRIGUEZ. Madam Speaker, I am honored to rise here today to
recognize the designation of Fort Davis, Texas, as one of the locations
listed in the National Trust for Historic Preservation's 2008 Dozen
Distinct Destinations. Making it only the fourth locality ever in Texas
to receive this distinction.
For the past eight years, the National Trust for Historic
Preservation has produced an annual list of twelve communities
throughout the United States that provide visitors with unique
experiences that bring to life the richness and diversity of America's
cultural and historical heritage. This year, the organization has
recognized Fort Davis, Texas, one of the many historic communities in
my congressional district, as a place of distinction because of its
exceptional character and history.
From 1854 to 1891, troops stationed at the post protected emigrants,
freighters, mail coaches, and travelers on the San Antonio-El Paso
Road. Because Fort Davis is one of the best remaining examples of a
frontier military post in the American Southwest, this community serves
as a vivid reminder of the significant role played by the military in
the settlement and development of the western frontier.
Through great effort and a true devotion, the residents of Fort Davis
have worked hard to preserve its historic, cultural, and scenic
uniqueness. Aside from undertaking important restoration projects,
members of the community preserve Fort Davis' culture through
reenactments of life during the 19th century on the western frontier.
In so preserving its character and by protecting its serene landscape,
visitors from all over can enjoy and learn about the history of Fort
Davis in a truly realistic and dynamic environment that is sure to make
an indelible impression.
[[Page 1812]]
I thank the National Trust for Historic Preservation for honoring
Fort Davis this year, and I further extend my gratitude and
congratulations to the community of Fort Davis for its dedication to
preserving its historic fabric and spirit.
____________________
PERSONAL EXPLANATION
______
HON. PAUL RYAN
of wisconsin
in the house of representatives
Thursday, February 7, 2008
Mr. RYAN of Wisconsin. Madam Speaker, on rollcall No. 31, H. Res.
943, remembering the space shuttle Challenger disaster and honoring its
crew members, who lost their lives on January 28, 1986. I was absent
due to inclement weather grounding flights from Wisconsin.
Had I been present, I would have voted ``Aye''.
____________________
RECOGNIZING THE LIFE AND SERVICE OF PAUL J. ABBATE
______
HON. MADELEINE Z. BORDALLO
of guam
in the house of representatives
Thursday, February 7, 2008
Ms. BORDALLO. Madam Speaker, I rise today to honor and recognize the
life and service of Paul J. Abbate, former Guam Superior Court
Presiding Judge. Judge Abbate passed away on Saturday, February 2, 2008
in Pomfret, Maryland at the age of 88.
Judge Abbate served our Nation as a Commander in the U.S. Navy's
Judge Advocate General Corps for over 20 years. Upon his retirement
from the Navy, he accepted an appointment by Governor of Guam Manuel
F.L. Guerrero to be the Attorney General of Guam. With the retirement
of Presiding Judge Joaquin C. Perez in 1969, Governor Guerrero
appointed Paul Abbate to serve as a Judge for the Superior Court of
Guam, where he served for 19 years, 13 of which were as the Presiding
Judge. As Presiding Judge, he initiated plans for the construction of
the new Guam Judicial Center, the complex that today houses the
Superior Court and Supreme Courts of Guam. Judge Abbate was noted for
his well-reasoned rulings, but also for his fairness and impartiality
in the court. Following his retirement from Guam's judicial system, he
served as Director of Governor Joseph Washington Liaison Office in
Washington, DC.
Judge Abbate's service to Guam was evident in more than just the
courtroom. He committed his life to the Catholic Church as a deacon for
the Archdiocese of Hagatna and in his church in the mainland. He
assisted in the major renovations and improvements to the Dulce Nombre
de Maria Cathedral Basilica in Guam's capital of Hagatna and helped in
the preparations for the visit of Pope John Paul II on March 1, 1981.
On behalf of the people of Guam, I extend our sincere condolences and
deepest sympathies to his son Michael S. Abbate and his wife Cindy, his
daughter Maria T. Rossi and her husband, John, his six grandchildren
and four great grandchildren. Judge Abbate will always be remembered by
the people of Guam as a dedicated member of the legal community and a
devoted member of the Guam's Catholic community.
____________________
IN RESPONSE TO ATTACKS ON THE CONSTITUENTS OF THE 9TH CONGRESSIONAL
DISTRICT OF CALIFORNIA
______
HON. BARBARA LEE
of california
in the house of representatives
Thursday, February 7, 2008
Ms. LEE. Madam Speaker, I rise tonight to discuss an unwarranted and
downright hostile attack on my constituents and the people of Berkeley,
CA by Republicans on the floor of the House earlier today. I'm here
tonight, Mr. Speaker, to set the record straight and to respond to
their false claims and distortions.
Madam Speaker, it never ceases to amaze me how some people will go to
any length to score political points. That is what happened here on the
House floor earlier today when several Republican members said they
wanted to strip the people of Berkeley, CA of much-needed Federal
funding.
Let us be clear: punishing the people of Berkeley for political gain
is unfair and simply plain wrong. This is nothing more than
grandstanding and posturing on behalf of Republicans who want to make a
political point for their own benefit.
I want to begin by talking about the primary target of the Republican
campaign against the people of Berkeley, and in this case, the children
of Berkeley. Republicans claimed that one earmark was for the creation
of organic school lunches in the Berkeley School District. This
characterization of a school lunch initiative developed by the Chez
Panisse Foundation is dishonest.
This school lunch initiative aims to revolutionize school lunch by
treating lunch as an important part of the day, as well as integrating
lessons about wellness, sustainability and nutrition into the academic
curriculum.
The funding will aid in the development of a program that would treat
lunch as an academic subject for all public school students in the
district, from kindergarten through high school. These funds will
support a comprehensive approach to improved health and health
education in the public schools that will empower students with a sense
of responsibility for themselves and their health. it's about nutrition
for our children.
Next I want to talk about their efforts to attack the University of
California and the memory of a great leader in this body, former
Congressman Bob Matsui. This funding will be used for UC Berkeley's
Institute of Government Studies for the creation of the Matsui Center
for Politics and Public Service.
The Matsui Center will develop a curriculum that will encourage
students to think about politics and public service not as separate
activities, but as a continuum of civic engagement. As a great public
university, Berkeley has a special obligation to train the next
generation of leaders, as well as to help them develop the political
and policy skills that will enable them to participate constructively
in public life. The program will also have educational components in
Sacramento and Washington, DC--capitol cities which were touchstones
for Congressman Bob Matsui's long public service career. It's about
education.
Now allow me to turn my attention to an item that the Republicans did
not want to tell you about--funding for the disabled and the Ed Roberts
Campus. This funding will be used for the construction of the Ed
Roberts Campus at the Ashby BART Station in Berkeley. The Ed Roberts
Campus is the vision of eight disability organizations in California
which have joined forces to create a multi-tenant facility. The
facility will serve as an intermodal transit center, as well as a
transportation information and travel-training center for seniors and
people with disabilities.
It will provide services in a fully accessible, technologically-
advanced environment located at BART's Ashby stop. The campus will
serve approximately 2,000 disabled people per week, most of whom will
arrive by public transportation.
The Ed Roberts Campus is an innovative approach to transit oriented
development and will be the first disability service center at a major
fully-accessible transit hub. As a result, people throughout the region
will have access to programs that will enable them to obtain needed
health care education, job training and other services in order to
achieve their life and work goals. It's about providing quality
services for the disabled!
Finally, I want to mention another item that the Republican
supporters of this measure will not mention--that their bill would
intentionally undermine the safety and security of the people of
Berkeley by denying critical funding for Berkeley public safety
agencies' interoperability.
This particular funding will be used to update Berkeley's public
safety computer dispatch and communications system to ensure systems
interoperability. It will support critical inter-jurisdictional
communications and coordination needs. This funding will help to
enhance Berkeley's ability to maintain a secure and interoperable
computer and communications system and maximize sustainable use after a
natural or human made disaster. It's about public safety!
Madam Speaker, the statements by Republicans on the floor of the
House earlier today were nothing but a shameful attack on my
constituents in order to score perceived political points. It is just
plain wrong and it is a real shame that it is happening on the floor of
this House.
I have said it before and I will say it again, I will fight to defend
the constituents of my district and their right to receive Federal
funds.
____________________
ON THE LIFE OF VI STOIA
______
HON. STEPHANIE HERSETH SANDLIN
of south dakota
in the house of representatives
Thursday, February 7, 2008
Ms. HERSETH SANDLIN. Madam Speaker, today I would like to offer a
special remembrance for a unique individual, Vi Stoia. Viorel
[[Page 1813]]
G. ``Vi'' Stoia was born in Aberdeen, South Dakota in 1924. He lived
there all of his life, save for when he attended the University of
Minnesota earning his degree in business administration, and when he
served in the United States Navy from 1942 to 1946 as a Chief Petty
Officer. Vi married Donna Marie Maurseth in 1949 and they made their
home in Aberdeen, raising their five children--Marsha, Nancy, Greg,
James and Thomas.
Vi served on countless boards, was a member of numerous civic
associations, and was Aberdeen's resident historian, well-known and
well-liked throughout the community. He learned everything he could
about area projects and economic development issues, and maintained
both a mental and physical archive of the town's history. If you had a
question about something in Aberdeen's history, not only would Vi know
the answer, he would most likely be able to produce a newspaper article
about it. His clippings archives went back at least 60 years, if not
more.
As a constant supporter of the Aberdeen community, Vi was involved in
almost every opportunity for economic growth or quality-of-life
improvement. He advocated for public projects as diverse as the
Northeast Regional Health and Fitness Center, the Highway 12 Expressway
and Moccasin Creek revitalization. When incentives for business
recruitment and expansion were being sought, Vi was there to lead the
charge.
Though he was a very successful businessman, as senior financial
representative with Northwestern Mutual Life, and held many leadership
positions within the insurance industry, it was his public service and
influence within the community that will be remembered most.
I join the Aberdeen community, Vi's family, and friends, not in
mourning his passing, but in celebrating his life and the innumerable
contributions he made to the community of which he was so proud.
____________________
HOLT NURSING SCHOOL CAPACITY AMENDMENT TO COLLEGE OPPORTUNITY AND
AFFORDABILITY
______
HON. RUSH D. HOLT
of new jersey
in the house of representatives
Thursday, February 7, 2008
Mr. HOLT. Madam Speaker, nurses are the backbone of our health care
system. The shortage of nurses throughout our country leaves patients
unattended, doctors stressed, and nurses exhausted from extra shifts. A
principle reason for this shortage of nurses is the shortage of nursing
school faculty. Because of the faculty shortage many schools of nursing
are turning away good students who would make good nurses.
I am pleased that my amendment which attaches the Nursing School
Capacity Act, H.R. 677, to the College Opportunity and Affordability
Act of 2007 (H.R. 4137) has been accepted in the bill passed in the
House. I thank Representative Welch and Representative Capps, one of
the Co-Chairs of the House Nursing Caucus, for cosponsoring this
amendment with me. H.R. 677, which has 76 cosponsors, directs the
Institute of Medicine to study the constraints experienced by schools
of nursing in admitting and graduating enough nurses to meet growing
needs.
I appreciate that House Education and Labor Committee Chairman Miller
accepted our amendment and incorporated it into his Manager's
Amendment. Today's action shows that Congress understands the
healthcare crisis facing states like New Jersey.
The study my amendment directs will explore the constraints that our
nation's schools of nursing face and propose short and long term
solutions to address the nursing crisis. I look forward to reviewing
the study's recommendations and working to implement them before the
quality of care suffers.
Over the years, I have heard from many nursing professionals from New
Jersey about the nursing crisis, particularly the inability of nursing
schools to meet growing workforce demands. In fact, a study from the
National League of Nursing states that in 2004, nursing schools were
forced to turn down 147,000 qualified applicants due to a lack of
faculty. That is why I first introduced the Nursing School Capacity Act
three years ago, and why I am excited that it's close to becoming law
today.
The American Association of Colleges of Nursing, the American Nurses
Association, the American Organization of Nurse Executives and the New
Jersey Hospital Association all endorsed the legislation. I ask
unanimous consent that their endorsement letters be included in the
Record.
We have not solved the nursing crisis with today's action, but we
have taken a step in better understanding the problem.
February 4, 2008.
Hon. Rush Holt,
House of Representatives,
Washington, DC.
Dear Representative Holt: On behalf of the American
Association of Colleges of Nursing (AACN) and the American
Nurses Association, we would like to thank you for offering
the language included in the Nursing School Capacity Act of
2007 (H.R. 677) as an amendment to the College Opportunity
and Affordability Act of 2007 (H.R. 4137).
Over the past decade, the inability to increase the supply
of nurses has become more apparent as the challenges faced by
nursing education programs have intensified. These challenges
force schools of nursing to turn away thousands of qualified
applicants each year. According to a 2006 AACN report, U.S.
nursing schools turned away 42,866 qualified applicants due
to an insufficient number of faculty, clinical sites,
classroom space, clinical preceptors, and budget constraints.
Almost three quarters of the nursing schools responding to
AACN's survey pointed to faculty shortages as a primary
reason for not accepting all qualified applicants into
nursing programs. A Special Survey on Vacant Faculty
Positions released by AACN in July 2007, reported a total of
767 faculty vacancies (8.8 percent vacancy rate) identified
at 329 nursing schools with baccalaureate and/or graduate
programs across the country.
Clearly, the obstacles faced by schools of nursing in
attempting to increase enrollment and graduations are vastly
complex and warrant further investigation. Your bill will
facilitate the discussion of these constraints and help
explore solutions to overcome the barriers that are
preventing potential students from entering the nursing
profession. In addition, your bill calls for recommendations
to be made by the Institute of Medicine which will serve as a
valuable resource for policy-makers as well as the health,
industry, and education systems.
AACN and ANA sincerely appreciate your willingness to
thoroughly investigate the nursing and nurse faculty shortage
through the Nursing School Capacity Act.
Sincerely,
American Association of Colleges of Nursing.
American Nurses Association.
____
American Organization of
Nurse Executives,
Washington, DC, February 4, 2008.
Hon. Rush Holt,
House of Representatives,
Washington, DC.
Dear Congressman Holt: On behalf of the over 6000 members
of the American Organization of Nurse Executives (AONE)
representing nurses in all facets of executive practice, we
would like to express our strong support for the amendment
that you and Representative Welch are prepared to offer to
H.R. 4147 the College Opportunity and Affordability Act of
2000. The amendment incorporates the language of your bill
H.R. 677, the Nursing School Capacity Act into a more
comprehensive piece of legislation and would provide the
nursing and health care communities with important research
into the underlying causes of the nursing shortage.
The majority of AONE's membership of registered
professional nurses are leaders in the day-to-day management
and delivery of direct patient care services. In this
position, we have been able to see first hand the impacts of
the worsening nursing shortage and applaud your efforts to
address this critical situation through the provision of
study to be conducted by the Institute of Medicine of the
National Academy of Sciences. Understanding that the nursing
shortage is the result of the convergence of a number of
factors, your proposed legislation would identify the
constraints encountered by schools of nursing in admitting
and graduating the number of registered nurses to ensure
patient safety but it would also propose recommendations to
alleviate the constraints on a short-term and long-term
basis.
AONE has been in the forefront of attempts to deal with the
nursing shortage and welcomes the opportunity to participate
in the proposed study as a consultant in partnership with the
other relevant organizations named in your legislation. AONE
has focused on the work environment and the educational
preparation of the nurse of the future. We see our past and
current work as integral to the study you have proposed. Your
legislation provides a comprehensive approach to identifying
and quantifying the factors that have contributed to the
shortage such as regulatory barriers, educational
preparation, salary and benefit structures, and
characteristics of the workplace.
AONE applauds your efforts and those of Mr. Welch to
include this needed legislation as an amendment to H.R. 4147
the College Opportunity and Affordability Act of 2007.
Sincerely,
Carol A. Watson,
President.
Pamela A. Thompson,
Chief Executive Officer.
[[Page 1814]]
____
New Jersey Hospital Association,
Princeton, NJ, February 4, 2008.
Hon. Rush Holt,
Longworth House Office Building,
Washington, DC.
Dear Congressman Holt: On behalf of our 119 member
hospitals and their systems, I am writing to express our
strong support for the Holt/Welch Amendment to H.R. 3147, the
College Opportunity and Affordability Act of 2007 that would
incorporate your bill, H.R. 667, the Nursing School Capacity
Act of 2007.
We have all known for too long that we have an ongoing
shortage of nurses in this country, and although we have seen
a recent increase in nursing candidates, we cannot keep pace
with the demands to educate new nurses. One of the major
issues is the inability to expand upon our nursing
educational programs in this country. Within the past year
125,000 qualified potential nursing students have been placed
on waiting lists, and almost 2,000 are on waiting lists in
New Jersey. These numbers will continue to increase unless we
implement sound planning strategies to build a stronger
infrastructure for nursing education.
The issue of faculty supply and demand is very complex and
affects every nursing program very differently. It is for
this reason that there is a need to conduct a national study
of all of these issues so that well formulated
recommendations can address the needs of each level of
nursing education.
H.R. 667 will charge the Institute of Medicine of the
National Academy of Sciences to undertake this study and
identify constraints encountered by schools of nursing in
admitting and graduating the number of nurses sufficient to
meet the healthcare needs of the United States.
I commend your leadership on this issue and look forward to
working with you in getting this bill signed into law.
Sincerely,
Gary S. Carter,
President & CEO.