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69-008

110TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

2d Session

110-523

--PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4137) TO AMEND AND EXTEND THE HIGHER EDUCATION ACT OF 1965, AND FOR OTHER PURPOSES

FEBRUARY 6, 2008- Referred to the House Calendar and ordered to be printed

Ms. SUTTON, from the Committee on Rules, submitted the following

R E P O R T

[To accompany H. Res. 956]

The Committee on Rules, having had under consideration House Resolution 956, 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. 4137, the College Opportunity and Affordability Act of 2007, under a structured rule. The rule provides one hour of general debate equally divided and controlled by the chairman and ranking minority member of the Committee on Education and Labor. The rule waives all points of order against consideration of the bill except clauses 9 and 10 of rule XXI. The rule 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. The rule 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).

The rule makes in order only those amendments printed in this report and the amendments en bloc. The amendments made in order 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 a division of the question in the House or in the Committee of the Whole. All points of order against the amendments except for clauses 9 and 10 of rule XXI are waived. The rule also permits the chairman of the Committee on Education and Labor or his designee to offer amendments en bloc consisting of those amendments that have been printed in this report and not earlier disposed of. The rule provides one motion to recommit with or without instructions. The rule 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. The rule tables House Resolution 941.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill (except for clauses 9 and 10 of rule XXI) includes a waiver of clause 3(b) of rule XIII, requiring the results of roll call votes in the committee report. The waiver of all points of order against the amendment in the nature of a substitute (except clause 10 of rule XXI) includes a waiver of clause 4 of rule XXI, prohibiting appropriations in legislative bills.

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. 425

Date: February 6, 2008.

Measure: H.R. 4137.

Motion by: Mr. Dreier.

Summary of motion: To grant a modified open rule.

Results: Defeated 3-8.

Vote by Members: McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 426

Date: February 6, 2008.

Measure: H.R. 4137.

Motion by: Mr. Dreier.

Summary of motion: To make in order and provide appropriate waivers for an amendment by Rep. McKeon (CA), #44, which is a Sense of Congress that the Secretary of Education shall monitor the availability of student loans in light of the situation with the financial markets.

Results: Defeated 3-8.

Vote by Members: McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 427

Date: February 6, 2008.

Measure: H.R. 4137.

Motion by: Mr. Dreier.

Summary of motion: To make in order and provide appropriate waivers for an amendment by Rep. King, Steve (IA), #31, which would require colleges and universities that use Affirmative Action policies in admissions to fully disclose their admission policies. Would compile this data and make it publicly available.

Results: Defeated 3-8.

Vote by Members: McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--Nay.

Rule Committee record vote No. 428

Date: February 6, 2008.

Measure: H.R. 4137.

Motion by: Mr. Dreier.

Summary of motion: To make in order and provide appropriate waivers for an amendment by Rep. Souder (IN), #35, which would state the sense of Congress that no college student should be subject to discrimination on the basis of protected speech or association.

Results: Defeated 3-8.

Vote by Members: McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 429

Date: February 6, 2008.

Measure: H.R. 4137.

Motion by: Mr. Diaz-Balart.

Summary of motion: To make in order and provide appropriate waivers for an amendment by Rep. Kline (MN), #43, which prohibits the disbursement of Higher Education Act funds by contract or grant to any institution that partners with any entity which discriminates or condones discrimination against the military or military recruiting centers.

Results: Defeated 3-8.

Vote by Members: McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--Nay.

Rules Committee record vote No. 430

Date: February 6, 2008.

Measure: H.R. 4137.

Motion by: Mr. Diaz-Balart.

Summary of motion: To make in order and provide appropriate waivers for each of the following amendments separately debatable for 10 minutes equally divided: an amendment by Rep. Hoekstra (MI), #58, which provides that the Secretary shall develop a student survey to determine employment or training for students graduating from international education programs funded by Title VI. The Secretary shall take job placement in areas of national need into consideration when institutions apply for Title VI grants. The Secretary shall release a biennial report to Congress and the public that identifies the areas of national need for expertise in foreign languages and world regions. Finally, the Assistant Secretary will consult with other agencies and departments to determine areas of national need for expertise in foreign languages and world regions; an amendment by Rep. Bishop, Rob (UT), #36, which removes the maintenance of effort language in Title 1 of the bill, and instead directs the Secretary to identify and disseminate methods of cost containment; an amendment by Rep. Shays (CT), #56, which expresses the sense of Congress that Federal financial institutions and other entities utilize authority to assist in ensuring the liquidity and the availability of financing mechanisms for the purpose of bringing stability to the student loan marketplace; and an amendment by Rep. Davis, Lincoln (TN)/Myrick (NC), #61, which would allow the Department of Education to give grants to colleges and universities to establish pregnant and parenting student services centers for pregnant students, parenting students, prospective parenting students anticipating a birth or adoption, and students who are placing or have placed a child for adoption.

Results: Defeated 3-8.

Vote by Members: McGovern--Nay; Hastings (FL)--Nay; Matsui--Nay; Cardoza--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; Dreier--Yea; Diaz-Balart--Yea; Sessions--Yea; Slaughter--Nay.

SUMMARY OF AMENDMENTS MADE IN ORDER

(Summaries derived from information provided by sponsors.)

1. Miller, George (CA): The Manager's amendment makes technical changes to the bill, as well as changes to the provisions on college costs to a more consumer friendly approach, while keeping the focus on accountability; a revision to the definition of the state funds that count toward meeting the State Maintenance of Effort requirement; a revised technical amendment to Pell grant funding; modifications to the Cohort Default Rate provisions to provide for a transition period before the new sanctions are imposed and provide for targeted technical assistance to schools in danger of losing their federal student aid as a result of high Cohort Default Rates; provisions to ensure that students are aware of lower-cost federal student aid options before turning to more expensive private loans and a means to help students avoid potentially compromising their federal aid eligibility by inadvertently relying on private student loans or borrowing excess amounts of private student loans; and includes studies. (20 minutes)

2. McKeon (CA): This amendment requires the National Research Council to conduct a study of the regulations on institutions of higher education. (10 minutes)

3. Kildee (MI): The amendment authorizes discretion currently exercised by the Secretary of Education to reserve for competitive grants to Tribally Controlled Colleges and Universities for construction, maintenance, or renovation of campus facilities a percentage of funds appropriated for Tribal Colleges and Universities under Title III of the Higher Education Act. (10 minutes)

4. Petri (WI): The amendment would require the existing Education-Treasury Study Group to evaluate the feasibility of an alternative market-based reform to the Federal Family Education Loan Program. The recommended alternative should reduce federal costs to taxpayers and use savings to increase need-based grant aid to low-income students. (10 minutes)

5. Petri (WI): The amendment would extend the new audit and reporting provisions applied only to the Direct Loan program to the Federal Family Education Loan Program. (10 minutes)

6. Castle (DE): An amendment to require the Quality Efficiency Task Forces to develop annual benchmarks for the top 5 percent of institutions in each institution category that have the largest increase in their tuition and fees over the most recent three year period in which data is available. The amendment also requires those institutions not meeting the benchmarks to provide the Secretary of Education a detailed explanation of the reasons why the institution did not meet such benchmarks. (10 minutes)

7. Davis, Danny (IL): An amendment to restore protections to private student loan borrowers similar to those afforded other unsecured debtors by allowing the discharge of private student loans via bankruptcy. (10 minutes)

8. Davis, Susan (CA): This amendment will prevent interest from accruing for active duty service members and qualifying National Guard members for the duration of their activation up to 60 months when serving in a combat zone. (10 minutes)

9. Sestak (PA): This amendment includes physical therapists as an occupation defined as an area of national need to qualify for student loan forgiveness under Sec. 428K of the Higher Education Act. (10 minutes)

10. Sestak (PA): This legislation amends the articulation agreement strategies that may be employed by states and institutions of higher education to include management systems regarding course equivalency, transfer of credit, and articulation. (10 minutes)

11. Yarmuth (KY): Provides competitive Teach to Reach grants to eligible partnerships to provide general education teacher candidates with the knowledge and skills to effectively instruct students with disabilities in their classrooms. Eligible partnerships must include an institution of higher education; a special education department within that institution, and a high-need local education agency. (10 minutes)

12. Hastings (FL)/Sanchez, Linda (CA): The amendment authorizes a nationwide pilot 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. (10 minutes)

13. Welch (VT): Amendment would require annual reporting by colleges and universities on how much of their endowment was paid out each year for the purpose of containing college costs. (10 minutes)

14. Lantos (CA)/Watt (NC): The amendment makes a technical correction to the Graduate Assistance in Areas of National Need (GAANN) program to clarify Congressional intent that a Masters Degree level institution or program is eligible to be the lead recipient of a grant under the GAANN program. (10 minutes)

15. Edwards (TX)/Boyda (KS): Prohibits a state from charging members of the armed forces who are on active duty for more than 30 days and whose domicile or permanent duty station is in such state, and such members' dependents, more than the in-state tuition for attending a public institution of higher education (IHE) in that state. Provides that, even if such members' permanent duty station is subsequently changed to a location outside the state, they or their dependents must continue to be charged no more than the in-state tuition if they remain continuously emolled at such IHE in the state. (10 minutes)

16. Johnson, Eddie Bernice (TX)/Young, Don (AK): This amendment expands Pell Grant eligibility to children who lost a parent or guardian as a result of the conflicts in Iraq or Afghanistan. These children will be eligible for the maximum amount of Pell Grant assistance. (10 minutes)

17. Stupak (MI): Provides federal student loan relief to borrowers who go into school administration in low-income school districts. Applies to any borrower who has been employed as a full-time school superintendent, principal, or other administrator for five consecutive complete school years in a school district in a low-income area. (10 minutes)

18. Doggett (TX): The amendment encourages the prepopulation of FAFSA income and asset information, by taxpayer consent, with tax data provided directly from the IRS to the Department of Education, and allows the Secretary of Education to provide for the use of second preceding tax year information. (10 minutes)

19. Baird (WA): This amendment would direct the Secretary of Education to conduct a study on the costs and benefits of making student aid available to less than half-time students. The Secretary would then make recommendations on how to best design a demonstration loan program targeted for less than half-time students. (10 minutes)

20. Inslee (WA): Ensures that competitive Sustainability Planning Grants explicitly provide for `greenhouse gas emissions reductions' to reduce the, threat of global warming and adds an eligibility requirement to FIPSE to ensure that institutions meet current energy efficiency standards. Additionally, includes a sense of Congress that the Federal Perkins Loan Program, which provides low-interest loans to help needy students finance a degree in higher education, should remain a campus-based aid program and to support increased funds to provide more low-income students with options. (10 minutes)

21. Crowley (NY): The amendment would allow community college students to have $10 forgiven from their student loans for every hour they dedicate to mentoring an at-risk child. (10 minutes)

22. Cooper (TN): Increases the authorization level, from $300 million to $500 million, for the 103 Historically Black Colleges and Universities. Increases the authorization level, from $100 million to $125 million, for the 18 Historically Black Graduate Institutions. (10 minutes)

23. Ryan, Tim (OH)/Altmire (PA): Amendment creates a pilot competitive grant program (available to no more than 10 colleges) to assist institutions of higher education in setting up college textbook rental programs. (10 minutes)

24. Van Hollen (MD)/Castle (DE): This amendment authorizes Teach for America at $20 million for FY09 and $25 million for FY10. (10 minutes)

25. Gillibrand (NY): Institutions of Higher Education shall adopt a statement of current policy concerning the working relationship of campus security personnel with State and local law enforcement agencies for the investigation of felonies or a report of a missing student. (10 minutes)

26. Murphy, Patrick (PA)/Myrick (NC): The amendment would help students and families plan financially for higher education by requiring that colleges provide information about the anticipated cost of a post-secondary degree. Institutions would have the option of offering either a multi-year tuition and fee schedule or a traditional, single-year tuition and fee schedule with a nonbinding, multi-year estimate of a student's net costs. (10 minutes)

27. Shuler (NC): To authorize a competitive grant program through the Department of Education that would allow institutions of higher education or consortia to create longitudinal data systems to efficiently and accurately manage, analyze, disaggregate, and use individual student data. The amendment authorizes programs in no more than five states for a period of three years. (10 minutes)

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GEORGE MILLER OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

SEC. 109. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

`SEC. 133. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS.

`(cc) effectively teach high-order analytical, evaluative, problem solving and communications skills appropriate for the teacher's content or specialty area;

SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING.

`SEC. 419D. ADJUNCT TEACHER CORPS.

SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS..

SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFESSIONAL STUDENT PLUS LOANS.

SEC. 427. EXTENSION OF CONSOLIDATION LOAN AUTHORITY.

SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS.

SEC. 433. DEFINITION OF ELIGIBLE INSTITUTION: PARTICIPATION RATE INDEX.

SEC. 492. TRANSFER OF ALLOTMENTS.

SEC. 705. MASTERS DEGREES PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER MINORITY SERVING INSTITUTIONS.

`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.

`SEC. 768. DEFINITIONS.

SEC. 814. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS FORMULA.

SEC. 815. DYSLEXIA STUDY.

SEC. 816. STUDY AND REPORT ON BORROWER REPAYMENT PLANS.

SEC. 817. NURSING SCHOOL CAPACITY.

SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC SERVICE.

SEC. 953. PRIVATE LOAN FORGIVENESS.

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2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKEON OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 814. FEDERAL REGULATION OF HIGHER EDUCATION REPORT.

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3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILDEE OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETRI OF WISCONSIN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETRI OF WISCONSIN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE OF DELAWARE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

TITLE XI--RELATED AMENDMENTS

SEC. 1101 TREATMENT IN BANKRUPTCY.

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8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 454. NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEMBERS.

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9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESTAK OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESTAK OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YARMUTH OF KENTUCKY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

`Subpart 6--Preparing General Education Teachers to More Effectively Educate Students With Disabilities

`SEC. 291. TEACH TO REACH GRANTS.

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12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

`PART R--PATH TO SUCCESS PROGRAM

`SEC. 887. PATH TO SUCCESS.

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13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WELCH OF VERMONT, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 112. ENDOWMENT REPORTING.

`SEC. 136. ENDOWMENT REPORTING.

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14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LANTOS OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDWARDS OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 112. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY AND DEPENDENTS.

`SEC. 136. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY AND DEPENDENTS.

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16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDDIE BERNICE JOHNSON OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STUPAK OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DOGGETT OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 474. USE OF MOST RECENT TAX INFORMATION IN NEED ANALYSIS.

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19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BAIRD OF WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 814. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS.

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20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE INSLEE OF WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 466. SENSE OF CONGRESS REGARDING PERKINS LOANS.

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21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CROWLEY OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 427. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.

`SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MENTORING.

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22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COOPER OF TENNESSEE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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'.

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23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RYAN OF OHIO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 814. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATERIAL RENTAL.

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24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VAN HOLLEN OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GILLIBRAND OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PATRICK MURPHY OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SHULER OF NORTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. 112. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.

`SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT PROGRAM.