H.Res. 1107: H.R. 5715 - Ensuring Continued Access to Student Loan Act of 2008

COMMITTEE ACTION: REPORTED BY RECORD VOTE 8-4 on Tuesday April 15, 2008.
FLOOR ACTION: RULE ADOPTED BY RECORD VOTE 223-192 AFTER AGREEING TO THE PREVIOUS QUESTION BY RECORD VOTE 218-198 on Wednesday April 16, 2008.

MANAGERS: Castor/Diaz-Balart, Lincoln 

110th Congress 
2nd Session

H.RES. 1107

[Report No. 110-590]

 

H.R. 5715 - Ensuring Continued Access to Student Loans Act of 2008

  1. Structured rule.
  1. Provides one hour of general debate equally divided and controlled by the Chairman 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 printed in Part A of the Rules Committee report accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole.
  1. Provides that the bill, as amended, shall be considered as read.
  1. Waives all points of order against provisions of the bill, as amended. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).
  1. No further amendments to the bill, as amended, shall be in order except those amendments printed in Part B of the Rules Committee report accompanying the resolution.
  1. Provides that the further 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 further amendments printed in the report except for clauses 9 and 10 of rule XXI.
  1. Provides one motion to recommit with or without instructions.
  2. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

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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. 5715) to ensure continued availability of access to the Federal student loan program for students and families.  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.   The amendment printed in part A of the report of the Committee on Rules accompanying this resolution shall be considered as adopted in the House and in the Committee of the Whole.  The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read.  All points of order against provisions in the bill, as amended, are waived.  Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules.  Each further 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 further 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, as amended, to the House with such further 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.  During consideration in the House of H.R. 5715 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.

Part A

SUMMARY OF AMENDMENT PROPOSED TO BE CONSIDERED AS ADOPTED 

The amendment further clarifies the authority of the Secretary of Education to purchase loans, and ensures that loan purchases will result in no net cost to the federal government by including the Secretary of the Treasury and the Director of the Office of Management and Budget in the decision making process and thereby ensures compliance with the new PAYGO rules.

 Text of Part A

Part B

SUMMARY OF  AMENDMENTS MADE IN ORDER

(summaries derived from information provided by sponsors)

*select the name of the amendment sponsor to retrieve amendment text in .pdf format.

1. Miller, George (CA):

Manager's Amendment.  The Manager’s amendment makes technical and conforming changes; states that loan limit increases available under this Act are available only to students meeting the requirements of section 484(a) of the HEA; targets the loan limit increases to those students and families in most need; in regard to school-wide lender-of-last-resort eligibility, specifies that the Secretary of Education shall determine whether a school qualifies and provides criteria for the Secretary to consider in making the determination; specifies that funds received by lenders from loan sales be used to originate new loans; clarifies that the Secretary has the authority to enter into forward commitments to purchase new loans; and clarifies that, at the discretion of the Secretary, a loan purchased by the Secretary may continue to be serviced by the current lender.

 (10 minutes)

2. Petri (WI):

The amendment requires the Secretary of Education to review and revise as necessary the regulations concerning prohibited guaranty agency inducements to eligible lenders.

 (10 minutes)

3. Castle (DE)/Welch (VT):

The amendment requires the General Accountability Office to conduct a study of the impact of raising loan limits on (1) tuition, fees, and room and board at institutions of higher education; and (2) private loan borrowing for attendance at institutions of higher education.

 (10 minutes)

4. Castor (FL):

The amendment temporarily classifies medical bill payment delinquencies of up to 180 days an extenuating circumstance which shall not interfere with parents’ ability to receive PLUS loans for their children’s tuition.

 (10 minutes)