19–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 112–404 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2117) TO PROHIBIT 

THE DEPARTMENT OF EDUCATION FROM OVERREACHING INTO ACADEMIC AFFAIRS AND PROGRAM ELIGIBILITY UNDER TITLE IV OF THE 

HIGHER EDUCATION ACT OF 1965 

FEBRUARY 27, 2012.—Referred to the House Calendar and ordered to be printed 

Ms. FOXX, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 563] 

The Committee on Rules, having had under consideration House 

Resolution 563, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2117, the Protecting Academic Freedom in Higher Education Act, under a structured rule. The resolution provides one hour of general debate 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Education and the Workforce. The 

resolution waives all points of order against consideration of the 

bill. The resolution provides that the amendment in the nature of 

a substitute recommended by the Committee on Education and the 

Workforce now printed in the bill shall be considered as original 

text for the purpose of amendment and shall be considered as read. 

The resolution waives all points of order against the committee 

amendment in the nature of a substitute. The resolution makes in 

order only those amendments printed in this report. Each such 

amendment may be offered only in the order printed in this report, 

may be offered only by a Member designated in this report, shall 

be considered as read, shall be debatable for the time specified in 

this 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. The resolution waives all points of order 

against the amendments printed in this report. Finally, the resolution provides one motion to recommit with or without instructions. 


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EXPLANATION OF WAIVERS

Although the resolution waives all points of order against consideration of H.R. 2117, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against the 

committee amendment in the nature of a substitute to H.R. 2117, 

the Committee is not aware of any points of order. The waiver is 

prophylactic in nature. 

Although the resolution waives all points of order against the 

amendments printed in this report, the Committee is not aware of 

any points of order. The waiver is prophylactic in nature 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 195 

Motion by Mr. Hastings of Florida to report an open rule. Defeated: 2–7. 

Majority members Vote Minority members Vote 

Ms. Foxx .................................................................... Nay Ms. Slaughter .......................................................... Yea 

Mr. Bishop of Utah .................................................. Nay Mr. Hastings of Florida ........................................... Yea 

Mr. Woodall .............................................................. Nay 

Mr. Nugent ............................................................... Nay 

Mr. Scott of South Carolina ..................................... Nay 

Mr. Webster .............................................................. Nay 

Mr. Dreier, Chairman ............................................... Nay 

SUMMARY OF THE AMENDMENTS MADE IN ORDER

1. Grijalva, Rau ́l (AZ): Would retain the requirement that states 

have a process to hear and take appropriate action on student complaints regarding institutions as part of the state authorization. (10 

minutes) 

2. Foxx (NC): Would repeal a section of the credit hour regulation 

impacting clock hour programs. (10 minutes) 

3. Polis (CO): Would link state authorization regulations to student outcomes. (10 minutes) 

4. Bishop, Tim (NY): Would strike the prohibition on the Secretary of Education from ever promulgating or enforcing any regulation or rule defining the term ‘‘credit hour.’’ (10 minutes) 

5. Polis (CO): Would require the Secretary to present a plan to 

prevent waste, fraud and abuse to ensure effective use of taxpayer 

dollars. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRIJALVA

OF ARIZONA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In subparagraph (A) of section 2(a)(1) of the bill as reported— 

(1) strike ‘‘Sections 600.4(a)(3), 600.5(a)(4), 600.6(a)(3),’’ and 

insert ‘‘Except as provided in paragraph (3), section’’; and 

(2) strike ‘‘, and 668.43(b)’’. 


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At the end of subsection (a) of section 2 of the bill as reported, 

add the following: 

(3) PRESERVATION OF STUDENT PROTECTION PROCESS.—The 

repeal of section 600.9 of title 34, Code of Federal Regulations, 

in paragraph (1)(A) shall not apply with respect to the following provisions of such section: 

(A) The first sentence of paragraph (a)(1) through the 

term ‘‘State laws’’. 

(B) Paragraph (a)(2). 

(C) Paragraph (b). 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FOXX OF

NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 5, line 13, strike ‘‘subsection (k)(2)(ii)’’ and insert ‘‘clauses 

(i)(A), (ii), and (iii) of subsection (k)(2)’’. 

Page 5, line 24, insert ‘‘of Education’’ after ‘‘Secretary’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subsection (a) of section 2, add the following: 

(3) STATE AUTHORIZATION REGULATIONS FOR CERTAIN INSTI- TUTIONS.— 

(A) REGULATIONS REQUIRED.—Notwithstanding section 

482(c) or section 492 of the Higher Education Act of 1965 

or the repeals under paragraph (1)(A) of this section, not 

later than 6 months after the date of enactment of this 

Act, the Secretary of Education shall issue regulations that 

apply the regulations repealed under paragraph (1)(A) to 

any institution of higher education that has— 

(i) a graduation rate that is below the national average for its sector, as defined in the common education 

data developed by the National Center for Education 

Statistics; 

(ii) a cohort default rate that is higher than the national average for its sector; or 

(iii) a completion rate that is below the national average for its sector, as determined pursuant to section 

668.8 of title 34, Code of Federal Regulations. 

(B) RULE OF CONSTRUCTION.—Notwithstanding any other 

provision of law, nothing in subparagraph (A) shall be construed as limiting or otherwise affecting the applicability 

of section 101(a)(2) of the Higher Education Act of 1965. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP OF

NEW YORK OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike subsection (b) of section 2 of the bill. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 


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SEC. 3. EFFECTIVE AND EFFICIENT USE OF TAXPAYER DOLLARS AND 

PROTECTION FROM POTENTIAL WASTE, FRAUD, AND 

ABUSE. 

Not later than 60 days after the date of the enactment of this 

Act, the Secretary of Education shall provide a proposal to Congress on how the Secretary will, through the authority of the Secretary to promulgate regulations related to institutional eligibility 

for participation under title IV of the Higher Education Act of 

1965, prevent waste, fraud, and abuse of Federal financial aid dollars by institutions of higher education under such Act to ensure 

the effective and efficient use of taxpayer dollars. 

Æ 


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