[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

[[Page 1540]]

 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

[[Page 1541]]

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?

[[Page 1542]]

  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

[[Page 1543]]

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.

                              {time}  1225


                     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.

                              {time}  1230

  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.

[[Page 1612]]


  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.

[[Page 1613]]

  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.

                              {time}  1245

  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.

[[Page 1614]]

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

[[Page 1615]]

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.