H. Res. 746: H.R. 3221 - Student Aid and Fiscal Responsibility Act of 2009

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Tuesday September 15, 2009.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 241 - 179 on Wednesday, September 16, 2009.

MANAGERS: Polis/Foxx

111th Congress 
1st Session

H.RES 746

[Report No. 111-256]

 

H.R. 3221 - Student Aid and Fiscal Responsibility Act of 2009

 

  1. Structured rule.
  1. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor.
  1. Waives all points of order against consideration of the bill except for clauses 9 and 10 of rule XXI.
  1. Provides that the amendment in the nature of a substitute recommended by the Committee on Education and Labor, now printed in the bill, shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  1. Waives all points of order against the amendment in the nature of a substitute except for clause 10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  1. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution.
  1. Provides that the amendments made in order may be offered 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.
  1. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI.
  1. Provides one motion to recommit with or without instructions.
  1. Provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Education and Labor or his designee.
  1. Provides that the Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

—————

RESOLUTION

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. 3221) to amend 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 chair 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. 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. 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. Each such amendment may be offered 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. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. 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. 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. 2. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Education and Labor or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

1. Miller, George (CA)

 

 

 

 

 

 

 

 

 

The Manager’s amendment
• makes several clarifications to the authority of the Secretary with respect to the College Access Challenge Grants, State Innovation an Completion Grants, and Innovation in College Access and Competition National Activities Grants;
• ensures that services for veterans under the bill and current law are properly coordinated;
• establishes a program to provide financial assistance to dependent children of a public safety officer (e.g., firefighters, paramedics, other first responders) who died in the line of duty on the same terms as children of military servicemembers who are killed in the line of duty under current law;
• authorizes a program to promote and support teacher excellence;
• makes several clarifications to the loan servicing process;
• Makes clarifications to the grants for modernization, renovation, or repair of public school facilities
• Replaces a priority provision about state spending with a requirement that the Secretary consider the State’s recent financial commitment to early learning when evaluating Quality Pathway grant renewals; 
• clarifies the Secretary’s authority to award American Graduation Initiative grants to community colleges;
• specifies that Tribal Colleges and Universities are eligible to receive American Graduation Initiation grants;
•       requires the Secretary of Education to provide technical assistance to institutions of higher education in operating the Direct Loan program, including assisting institutions with the transition into the program;
•       includes library services and information literacy activities as part of the enumerated uses of funds under the list of student support services and workforce programs;
•      adds a requirement in the state application of how programs will improve early learning services to better meet the needs of children who have experienced abused or neglect, or have been exposed to violence or toxic stress, homelessness, parental substance abuse or mental illness, or early behavioral and peer relationship problems; and
• clarifies that both part-time and full-time students are eligible to benefit from the Year-Round Pell Grant program.

(20 minutes)

 

 

 

 

 

 

 

 

 

2. Hoekstra (MI)

The amendment would strike Title III of the bill, which authorizes $6.6 billion in new mandatory spending to create three Federal school construction programs for elementary and secondary public schools and institutions of higher education, and apply the savings to reduce the Federal deficit. 

(10 minutes)

 

 

3. Cardoza (CA)

 

The amendment would direct the Secretary of Education to prioritize community colleges located in areas with high unemployment rates when awarding grants for community college reform.

(10 minutes)

 

4. McMorris Rodgers (WA)

 

Would limit the ability of certain schools that received funding under the economic stimulus package for school construction from receiving additional money through the new Federal school construction program authorized under this bill.

(10 minutes)

 

5. Pingree (ME)

Would add to the list of reserved funds for distressed areas and areas affected by natural disaster direction for the Secretary to reserve funds for local educational agencies that serve a geographic area that contains a military installation selected for base closure. 

(10 minutes)

 

6. Pingree (ME), Ross (AR)

Would remove the prohibition of funding to community colleges who received funds for construction, modernization, renovation, and repair under the American Recovery and Reinvestment Act of 2009, or under the higher education act of 1965.

(10 minutes)

 

7. Foxx (NC)

The amendment would strike entire American Graduation Initiative (but maintain the privacy provisions that apply to the whole Act) and put the savings toward deficit reduction. These privacy provisions ensure that student information is protected from individuals not authorized to view it and that students cannot be identified by any unique identifier.

(10 minutes)

 

 

 

8. Reyes (TX)

 

The amendment would encourage community colleges to use grant money to increase the provision of training for members of the National Guard and Reserves, and men and women returning from active duty.

(10 minutes)

 

9. Etheridge (NC), Welch (VT), Price, David (NC), Pomeroy (ND), Lewis, John (GA), Scott, David (GA), Pingree (ME), Tonko (NY), Matsui (CA)

The amendment would clarify that borrower services, including delinquency prevention, default aversion, and loan counseling, are allowed uses of grant funds.  The amendment also explicitly authorizes the Department of Education to contract directly with guaranty agencies for funded services.

(10 minutes)

 

 

 

 

10. Driehaus (OH)

The amendment would require that states receiving State Innovation Completion Grants have plans to increase postsecondary enrollment and completion among dislocated workers.

(10 minutes)

 

11. Cuellar (TX)

The amendment would require the Secretary of Education to conduct outreach activities to educate students and their families about the transition to Federal Direct Lending.

(10 minutes)

 

12. Murphy, Christopher (CT)

The amendment would clarify that states may use funds awarded as Quality Pathways Grants under Section 403(a) of Title IV of H.R. 3221 to establish or support partnerships with institutions of higher education that support effective education and training for early learning providers.

(10 minutes)

 

 

13. Childers (MS)

The amendment would require the campus Veterans Resource Officer to act as a link between student veterans and mental health care providers at the Department of Veterans Affairs, in order to help improve college completion rates for veterans.

(10 minutes)

 

14. Adler (NJ)

 

The amendment would give priority for State Innovation Completion grants to entities that promote activities to increase degree or certificate completion for students who are veterans.

(10 minutes)

 

15. Himes (CT), McCarthy, Carolyn (NY), Schwartz (PA)

Would make five minor language adjustments to strengthen the financial literacy provisions of the State Innovation Completion Grants, Innovation in College Access and Completion National Activities, and contracting requirements related to private student loan servicers.

(10 minutes)

 

16. Kilroy (OH)

Would give priority to “dislocated workers” for community college and state grants.

(10 minutes)

17. Minnick (ID)

The amendment would allow servicemen and women to tranfer academic credits earned while serving in the Armed Forces between institutions of higher education.

(10 minutes)

 

18. Perriello (VA)

The amendment would require states to evaluate and report disparities by geographic area (rural and urban) of available high-quality early learning programs for low-income children, and steps the state will take to address the disparity.

(10 minutes)

 

19. Schauer (MI)

The amendment would give priority in awarding Federal grants to schools, states, and non-profits to encourage dislocated workers to complete their degrees.

(10 minutes)

 

20. Teague (NM)

Would add veterans to the list of priority grantees in Title V.  Also, would add to the allowable uses of funds programs that prepare students to enter careers in the Veterans Administration, and occupations in energy-related fields.

(10) minutes

 

21. Teague (NM)

The amendment clarifies that all savings in the bill not otherwise allocated go towards deficit reduction.

(10 minutes)

22. Souder (IN)

The amendment would strike section 123(d), "Suspension of eligibility for drug-related offenses," reinstating current law.

(10 minutes)

 

23. Flake, Jeff (AZ)

The amendment would prohibit funds appropriated under the bill to be used for Congressional earmarks as defined by clause 9(d) of rule XXI of the Rules of the House of Representatives.

(10 minutes)

 

24. Kline, John (MN), Guthrie (KY)

Amendment in the nature of a substitute would extend the ECASLA programs through 2014 and create a commission to develop a new private sector model for student lending.

(20 minutes)