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H.R. 2117: Protecting Academic Freedom in Higher Education Act

To prohibit the Department of Education from overreaching into academic affairs and program eligibility under title IV of the Higher Education Act of 1965.
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Introduced : Fri, Jun 3, 2011
Sponsor : Rep. Foxx, Virginia Ann (NC-5th [R])
Status : vote Tue, Feb 28, 2012

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Co-Sponsors
Member of the congressJoined date
Rep. Kissell, Larry (NC-8th [D]) Fri, Jul 22, 2011
Rep. Jenkins, Lynn M. (KS-2nd [R]) Thu, Jul 14, 2011
Rep. Mica, John L. (FL-7th [R]) Tue, Jun 21, 2011
Rep. Sessions, Peter A. (TX-32nd [R]) Thu, Jul 14, 2011
Rep. Smith, Lamar S. (TX-21st [R]) Fri, Jul 22, 2011
Rep. Biggert, Judy (IL-13th [R]) Tue, Jun 14, 2011
Rep. Thompson, Glenn W. (PA-5th [R]) Tue, Jun 14, 2011
Rep. DesJarlais, Scott (TN-4th [R]) Tue, Jun 14, 2011
Rep. Forbes, James Randy (VA-4th [R]) Fri, Jul 1, 2011
Rep. Smith, Christopher H. (NJ-4th [R]) Fri, Jul 1, 2011
Rep. Chaffetz, Jason (UT-3rd [R]) Fri, Jul 1, 2011
Rep. Guthrie, Steven Brett (KY-2nd [R]) Tue, Jun 21, 2011
Rep. Olson, Pete (TX-22nd [R]) Tue, Jun 21, 2011
Rep. Neugebauer, Randy (TX-19th [R]) Thu, Jul 14, 2011
Rep. McKeon, Howard P. (CA-25th [R]) Tue, Jun 14, 2011
Rep. Brooks, Mo (AL-5th [R]) Fri, Jul 22, 2011
Rep. Smith, Adrian M. (NE-3rd [R]) Fri, Jul 1, 2011
Rep. Herger, Walter (CA-2nd [R]) Tue, Jun 14, 2011
Rep. Shuster, Bill (PA-9th [R]) Fri, Jul 1, 2011
Rep. Burgess, Michael C. (TX-26th [R]) Tue, Jun 21, 2011
Rep. Ross, Dennis (FL-12th [R]) Tue, Jun 14, 2011
Rep. Gardner, Cory (CO-4th [R]) Thu, Jul 14, 2011
Rep. Myrick, Sue W. (NC-9th [R]) Tue, Jun 21, 2011
Rep. Burton, Dan L. (IN-5th [R]) Fri, Jul 1, 2011
Rep. Rokita, Todd (IN-4th [R]) Tue, Jun 14, 2011
Rep. Gowdy, Trey (SC-4th [R]) Tue, Jun 14, 2011
Rep. Roby, Martha (AL-2nd [R]) Tue, Jun 14, 2011
Rep. Bachus, Spencer (AL-6th [R]) Fri, Jul 22, 2011
Rep. Fleischmann, Chuck (TN-3rd [R]) Thu, Jul 14, 2011
Rep. Marino, Thomas (PA-10th [R]) Thu, Jul 14, 2011
Rep. Benishek, Dan (MI-1st [R]) Fri, Jul 1, 2011
Rep. Kline, John P. (MN-2nd [R]) Fri, Jun 3, 2011
Rep. Carter, John R. (TX-31st [R]) Tue, Jun 14, 2011
Rep. Coffman, Mike (CO-6th [R]) Tue, Jun 21, 2011
Rep. Gerlach, Jim (PA-6th [R]) Tue, Jun 21, 2011
Rep. Bonner, Josiah Robins (AL-1st [R]) Tue, Jun 21, 2011
Rep. Andrews, Robert E. (NJ-1st [D]) Tue, Jun 21, 2011
Rep. Barletta, Lou (PA-11th [R]) Tue, Jun 14, 2011
Rep. Emerson, Jo Ann (MO-8th [R]) Thu, Jul 14, 2011
Rep. Ellmers, Renee (NC-2nd [R]) Tue, Jun 14, 2011
Rep. Paul, Ronald Ernest (TX-14th [R]) Tue, Jun 14, 2011
Rep. Graves, Samuel B. (MO-6th [R]) Fri, Jul 22, 2011
Rep. Conaway, K. Michael (TX-11th [R]) Fri, Jul 1, 2011
Rep. Coble, John Howard (NC-6th [R]) Tue, Jun 14, 2011
Rep. Reed, Tom W. (NY-29th [R]) Fri, Jul 1, 2011
Rep. Thornberry, William M. (TX-13th [R]) Fri, Jul 1, 2011
Rep. Schock, Aaron (IL-18th [R]) Tue, Jun 21, 2011
Rep. Duncan, Jeff (SC-3rd [R]) Thu, Jul 14, 2011
Rep. Austria, Steven (OH-7th [R]) Tue, Jun 14, 2011
Rep. Cohen, Steve (TN-9th [D]) Fri, Jul 1, 2011
Rep. Walberg, Timothy (MI-7th [R]) Tue, Jun 14, 2011
Rep. Roe, David P. (TN-1st [R]) Tue, Jun 14, 2011
Rep. Petri, Thomas E. (WI-6th [R]) Tue, Jun 14, 2011
Rep. Hultgren, Randy (IL-14th [R]) Fri, Jul 1, 2011
Rep. Hanna, Richard (NY-24th [R]) Tue, Jun 14, 2011
Rep. Blackburn, Marsha (TN-7th [R]) Fri, Jul 1, 2011
Rep. Whitfield, Edward (KY-1st [R]) Tue, Jun 21, 2011
Rep. Brady, Kevin P. (TX-8th [R]) Tue, Jun 21, 2011
Rep. West, Allen (FL-22nd [R]) Tue, Jun 14, 2011
Rep. McCaul, Michael T. (TX-10th [R]) Fri, Jul 22, 2011
Rep. Guinta, Frank (NH-1st [R]) Fri, Jul 1, 2011
Rep. Platts, Todd Russell (PA-19th [R]) Tue, Jun 14, 2011
Rep. Granger, Kay (TX-12th [R]) Fri, Jul 1, 2011
Rep. Rogers, Michael Dennis (AL-3rd [R]) Fri, Jul 22, 2011
Rep. Lamborn, Douglas L. (CO-5th [R]) Tue, Jun 14, 2011
Rep. Stivers, Steve (OH-15th [R]) Thu, Jul 14, 2011
Rep. Roskam, Peter J. (IL-6th [R]) Fri, Jul 22, 2011
Rep. Luetkemeyer, Blaine (MO-9th [R]) Thu, Jul 14, 2011
Rep. Marchant, Kenny E. (TX-24th [R]) Tue, Jun 14, 2011
Actions
DateTypeDescriptionResult
1/1/0001 action Referred to the House Committee on Education and the Workforce.
1/1/0001 action Committee Consideration and Mark-up Session Held.
1/1/0001 action Reported (Amended) by the Committee on Education and the Workforce. H. Rept. 112-177.
1/1/0001 calendar Placed on the Union Calendar, Calendar No. 116.
1/1/0001 action Rules Committee Resolution H. Res. 563 Reported to House. Rule provides for consideration of H.R. 2117 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. 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 the Workforce now printed in the bill.
1/1/0001 action Rule H. Res. 563 passed House.
1/1/0001 action Considered under the provisions of rule H. Res. 563.
1/1/0001 action Rule provides for consideration of H.R. 2117 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. 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 the Workforce now printed in the bill.
1/1/0001 action House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 563 and Rule XVIII.
1/1/0001 action The Speaker designated the Honorable Candice S. Miller to act as Chairwoman of the Committee.
1/1/0001 action GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2117.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 563, the Committee of the Whole proceeded with 10 minutes of debate on the Grijalva amendment No. 1.
1/1/0001 action POSTPONED PROCEEDINGS - At the conclusion of debate on the Grijalva amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Grijalva demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 563, the Committee of the Whole proceeded with 10 minutes of debate on the Foxx amendment No. 2.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 563, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment No. 3.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 563, the Committee of the Whole proceeded with 10 minutes of debate on the Bishop (NY) amendment No. 4.
1/1/0001 action POSTPONED PROCEEDINGS - At the conclusion of debate on the Bishop (NY) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Bishop (NY) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
1/1/0001 action DEBATE - Pursuant to the provisions of H. Res. 563, the Committee of the Whole proceeded with 10 minutes of debate on the Polis amendment No. 5.
1/1/0001 action POSTPONED PROCEEDINGS - At the conclusion of debate on the Polis amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Ms. Foxx demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
1/1/0001 action Ms. Foxx moved that the committee rise.
1/1/0001 action On motion that the committe rise Agreed to by voice vote.
1/1/0001 action Committee of the Whole House on the state of the Union rises leaving H.R. 2117 as unfinished business.
1/1/0001 action Considered as unfinished business.
1/1/0001 action The House resolved into Committee of the Whole House on the state of the Union for further consideration.
1/1/0001 action UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
1/1/0001 action The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2117.
1/1/0001 action The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
1/1/0001 action Mrs. Capps moved to recommit with instructions to Education and the Workforce.
1/1/0001 action DEBATE - The House proceeded with 10 minutes of debate on the Capps motion to recommit. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment which adds a provision entitled "PROTECTING STUDENTS FROM HIGHER LOAN COSTS AND A DEVALUED EDUCATIONAL DEGREE".
1/1/0001 action On motion to recommit with instructions Failed by recorded vote: 176 - 241 (Roll no. 78).
1/1/0001 vote On passage Passed by recorded vote: 303 - 114 (Roll no. 79). pass
1/1/0001 action Motion to reconsider laid on the table Agreed to without objection.
1/1/0001 action Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Rolls
Committee Assignments
CommitteeSubCommitteeActivity
House Education and the Workforce Referral, Markup, Reporting
Senate Health, Education, Labor, and Pensions Referral, In Committee
Subject Terms
Education
Education programs funding
Higher education
Intergovernmental relations
School administration
State and local government operations
Teaching, teachers, curricula
Vocational education
Related Legislative
hr563 (rule) s1297 (identical)
Amendments
H.AMDT.952 (Status:Fail)
An amendment numbered 1 printed in House Report 112-404 to 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.
H.AMDT.954 (Status:Fail)
An amendment numbered 3 printed in House Report 112-404 to link state authorization regulations to student outcomes.
H.AMDT.956 (Status:Fail)
An amendment numbered 5 printed in House Report 112-404 to require the Secretary to present a plan to prevent waste, fraud and abuse to ensure effective use of taxpayer dollars.
H.AMDT.953 (Status:Pass)
An amendment numbered 2 printed in House Report 112-404 to repeal a section of the credit hour regulation impacting clock hour programs.
H.AMDT.955 (Status:Fail)
An amendment numbered 4 printed in House Report 112-404 to strike the prohibition on the Secretary of Education from ever promulgating or enforcing any regulation or rule defining the term "credit hour".
Titles Assigned
TypeASTitle
short reported to house Protecting Academic Freedom in Higher Education Act
official introduced To prohibit the Department of Education from overreaching into academic affairs and program eligibility under title IV of the Higher Education Act of 1965.

SUMMARY:

2/28/2012--Passed House amended. Protecting Academic Freedom in Higher Education Act - Repeals certain Department of Education regulations that for purposes of determining whether a school is eligible to participate in programs under the Higher Education Act of 1965 (HEA): (1) require institutions of higher education and postsecondary vocational institutions (except religious schools) to be legally authorized by the state in which they are situated, (2) delineate what such legal authorization requires of states and schools, and (3) define "credit hour." Prohibits the Secretary of Education from promulgating or enforcing any regulation or rule that defines "credit hour" for any purpose under the HEA.
Beta Release