S. 2258Senate110th Congress (2007-2009)Enacted

Third Higher Education Extension Act of 2007

Introduced October 30, 2007

Legislative Activity

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13 earlier actions
Became Law Latest Action

Became Public Law No: 110-109.

October 31, 2007

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SenateIntro Referral

Introduced in Senate

October 30, 2007

SenateFloor

Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S13532-13533; text as passed Senate: CR S13532-13533)

October 30, 2007

HouseFloor

Received in the House.

October 30, 2007 • 11:08 AM

SenateFloor

Message on Senate action sent to the House.

October 30, 2007

HouseFloor

Mr. Yarmuth moved to suspend the rules and pass the bill.

October 30, 2007 • 2:45 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H12193-12195)

October 30, 2007 • 2:45 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 2258.

October 30, 2007 • 2:45 PM

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Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H12193-12194)

October 30, 2007 • 2:51 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H12193-12194)

October 30, 2007 • 2:51 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

October 30, 2007 • 2:51 PM

SenateAction

Cleared for White House.

October 30, 2007

President

Presented to President.

October 30, 2007

Became Law

Signed by President.

October 31, 2007

Became Law

Became Public Law No: 110-109.

October 31, 2007

Floor Debate

3 members

What members said about S. 2258 on the floor

1 Republican2 Democrats
Howard P. "Buck" McKeon
Rep. Howard P. "Buck" McKeonR-CA-25 · Oct 30, 2007

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the House began this exercise last week granting a temporary extension of programs under the Higher Education Act. We did the same…

John A. Yarmuth
Rep. John A. YarmuthD-KY-3 · Oct 30, 2007

Mr. Speaker, I move to suspend the rules and pass the Senate bill (S. 2258) to temporarily extend the programs under the Higher Education Act of 1965, to amend the definition of an eligible…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Oct 30, 2007

Mr. President, I ask unanimous consent the Senate proceed to consideration of S. 2258, introduced earlier today. Mr. President, I ask unanimous consent the bill be read three times, passed, the…

Bill Text

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One Hundred Tenth Congress of the United States of America

1st Session

Begun and held at the City of Washington on Thursday, the fourth day of January, two thousand and seven

S. 2258

AN ACT

To temporarily extend the programs under the Higher Education Act of 1965, to amend the definition of an eligible not-for-profit holder, and for other purposes.

1.

Short title

This Act may be cited as the Third Higher Education Extension Act of 2007.

2.

Extension of programs

Section 2(a) of the Higher Education Extension Act of 2005 (Public Law 109–81; 20 U.S.C. 1001 note) is amended by striking October 31, 2007 and inserting March 31, 2008.

3.

Rule of construction

Nothing in this Act, or in the Higher Education Extension Act of 2005 as amended by this Act, shall be construed to limit or otherwise alter the authorizations of appropriations for, or the durations of, programs contained in the amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109–171) or by the College Cost Reduction and Access Act (Public Law 110–84) to the provisions of the Higher Education Act of 1965 and the Taxpayer-Teacher Protection Act of 2004.

4.

Definition of eligible not-for-profit holder

Section 435(p) of the Higher Education Act of 1965 (20 U.S.C. 1085(p)) is amended—

(1)

in paragraph (1), by striking subparagraph (D) and inserting the following:

(D)

acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d).

; and

(2)

in paragraph (2)—

(A)

in subparagraph (A)(i), by striking subclause (II) and inserting the following:

(II)

is acting as a trustee on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity, on the date of enactment of the College Cost Reduction and Access Act, was the sole beneficial owner of a loan eligible for any special allowance payment under section 438.

;

(B)

in subparagraph (A)(ii), by inserting of after waive the requirements;

(C)

by amending subparagraph (B) to read as follows:

(B)

No for-profit ownership or control

(i)

In general

No State, political subdivision, authority, agency, instrumentality, or other entity described in paragraph (1)(A), (B), or (C) shall be an eligible not-for-profit holder under this Act if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity.

(ii)

Trustees

A trustee described in paragraph (1)(D) shall not be an eligible not-for-profit holder under this Act with respect to a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), if such State, political subdivision, authority, agency, instrumentality, or other entity is owned or controlled, in whole or in part, by a for-profit entity.

;

(D)

by amending subparagraph (C) to read as follows:

(C)

Sole ownership of loans and income

No State, political subdivision, authority, agency, instrumentality, trustee, or other entity described in paragraph (1)(A), (B), (C), or (D) shall be an eligible not-for-profit holder under this Act with respect to any loan, or income from any loan, unless—

(i)

such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan; or

(ii)

such trustee holds the loan on behalf of a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), and such State, political subdivision, authority, agency, instrumentality, or other entity is the sole beneficial owner of such loan and the income from such loan.

;

(E)

in subparagraph (D), by striking an entity described in described in paragraph (1)(A), (B), or (C) and inserting a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d),; and

(F)

by amending subparagraph (E) to read as follows:

(E)

Rule of construction

For purposes of subparagraphs (A), (B), (C), and (D) of this paragraph, a State, political subdivision, authority, agency, instrumentality, or other entity described in subparagraph (A), (B), or (C) of paragraph (1), regardless of whether such State, political subdivision, authority, agency, instrumentality, or other entity is an eligible lender under subsection (d), shall not—

(i)

be deemed to be owned or controlled, in whole or in part, by a for-profit entity; or

(ii)

lose its status as the sole owner of a beneficial interest in a loan and the income from a loan,

by such State, political subdivision, authority, agency, instrumentality, or other entity, or by the trustee described in paragraph (1)(D), granting a security interest in, or otherwise pledging as collateral, such loan, or the income from such loan, to secure a debt obligation for which such State, political subdivision, authority, agency, instrumentality, or other entity is the issuer of the debt obligation.

.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate