H. Res. 145

In the House of Representatives, U.S.,

May 13, 1997.

Resolved, That upon the adoption of this resolution the

bill (H.R. 914), to make certain technical corrections in the

Higher Education Act of 1965 relating to graduation data

disclosures, shall be considered to have been taken from the

Speaker’s table to the end that the Senate amendments

thereto be, and the same are hereby, agreed to with amendments as follows:

Insert before section 1 the following:

TITLE I—TECHNICAL

AMENDMENTS

Redesignate sections 1 through 5 as sections 101

through 105, and at the end of the bill add the following:

SEC. 106. PAYMENTS RELATING TO FEDERAL PROPERTY.

Section 8002(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(i)) is amended to read

as follows:

‘‘(i) PRIORITY PAYMENTS.—
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‘‘(1) IN GENERAL.—Notwithstanding subsection

(b)(1)(B), and for any fiscal year beginning with fiscal

year 1997 for which the amount appropriated to carry

out this section exceeds the amount so appropriated for

fiscal year 1996—

‘‘(A) the Secretary shall first use the excess

amount (not to exceed the amount equal to the difference of (i) the amount appropriated to carry out

this section for fiscal year 1997, and (ii) the

amount appropriated to carry out this section for

fiscal year 1996) to increase the payment that

would otherwise be made under this section to not

more than 50 percent of the maximum amount determined under subsection (b) for any local educational agency described in paragraph (2); and

‘‘(B) the Secretary shall use the remainder of

the excess amount to increase the payments to each

eligible local educational agency under this section.

‘‘(2) LOCAL EDUCATIONAL AGENCY DESCRIBED.—A

local educational agency described in this paragraph is

a local educational agency that—

‘‘(A) received a payment under this section for

fiscal year 1996;

‘‘(B) serves a school district that contains all

or a portion of a United States military academy;
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‘‘(C) serves a school district in which the local

tax assessor has certified that at least 60 percent

of the real property is federally owned; and

‘‘(D) demonstrates to the satisfaction of the

Secretary that such agency’s per-pupil revenue derived from local sources for current expenditures is

not less than that revenue for the preceding fiscal

year.’’.

TITLE II—COST OF HIGHER

EDUCATION REVIEW

SEC. 201. SHORT TITLE; FINDINGS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Cost

of Higher Education Review Act of 1997’’.

(b) FINDINGS.—The Congress finds the following:

(1) According to a report issued by the General Accounting Office, tuition at 4-year public colleges and universities increased 234 percent from school year 1980–

1981 through school year 1994–1995, while median

household income rose 82 percent and the cost of

consumer goods as measured by the Consumer Price

Index rose 74 percent over the same time period.

(2) A 1995 survey of college freshmen found that

concern about college affordability was the highest it has

been in the last 30 years.
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(3) Paying for a college education now ranks as one

of the most costly investments for American families.

SEC. 202. ESTABLISHMENT OF NATIONAL COMMISSION ON THE

COST OF HIGHER EDUCATION.

There is established a Commission to be known as the

‘‘National Commission on the Cost of Higher Education’’

(hereafter in this Act referred to as the ‘‘Commission’’).

SEC. 203. MEMBERSHIP OF COMMISSION.

(a) APPOINTMENT.—The Commission shall be composed

of 7 members as follows:

(1) Two individuals shall be appointed by the

Speaker of the House.

(2) One individual shall be appointed by the Minority Leader of the House.

(3) Two individuals shall be appointed by the Majority Leader of the Senate.

(4) One individual shall be appointed by the Minority Leader of the Senate.

(5) One individual shall be appointed by the Secretary of Education.

(b) ADDITIONAL QUALIFICATIONS.—Each of the individuals appointed under subsection (a) shall be an individual

with expertise and experience in higher education finance (including the financing of State institutions of higher education), Federal financial aid programs, education economics
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research, public or private higher education administration,

or business executives who have managed successful cost reduction programs.

(c) CHAIRPERSON AND VICE CHAIRPERSON.—The members of the Commission shall elect a Chairperson and a Vice

Chairperson. In the absence of the Chairperson, the Vice

Chairperson will assume the duties of the Chairperson.

(d) QUORUM.—A majority of the members of the Commission shall constitute a quorum for the transaction of business.

(e) APPOINTMENTS.—All appointments under subsection

(a) shall be made within 30 days after the date of enactment

of this Act. In the event that an officer authorized to make

an appointment under subsection (a) has not made such appointment within such 30 days, the appointment may be

made for such officer as follows:

(1) The Chairman of the Committee on Education

and the Workforce may act under such subsection for

the Speaker of the House of Representatives.

(2) The Ranking Minority Member of the Committee on Education and the Workforce may act under such

subsection for the Minority Leader of the House of Representatives.
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(3) The Chairman of the Committee on Labor and

Human Resources may act under such subsection for the

Majority Leader of the Senate.

(4) The Ranking Minority Member of the Committee on Labor and Human Resources may act under such

subsection for the Minority Leader of the Senate.

(f) VOTING.—Each member of the Commission shall be

entitled to one vote, which shall be equal to the vote of every

other member of the Commission.

(g) VACANCIES.—Any vacancy on the Commission shall

not affect its powers, but shall be filled in the manner in

which the original appointment was made.

(h) PROHIBITION OF ADDITIONAL PAY.—Members of

the Commission shall receive no additional pay, allowances, or

benefits by reason of their service on the Commission. Members appointed from among private citizens of the United

States may be allowed travel expenses, including per diem, in

lieu of subsistence, as authorized by law for persons serving

intermittently in the government service to the extent funds

are available for such expenses.

(i) INITIAL MEETING.—The initial meeting of the Commission shall occur within 40 days after the date of enactment of this Act.
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SEC. 204. FUNCTIONS OF COMMISSION.

(a) SPECIFIC FINDINGS AND RECOMMENDATIONS.—The

Commission shall study and make findings and specific recommendations regarding the following:

(1) The increase in tuition compared with other

commodities and services.

(2) Innovative methods of reducing or stabilizing

tuition.

(3) Trends in college and university administrative

costs, including administrative staffing, ratio of administrative staff to instructors, ratio of administrative staff

to students, remuneration of administrative staff, and

remuneration of college and university presidents or

chancellors.

(4) Trends in (A) faculty workload and remuneration (including the use of adjunct faculty), (B) facultyto-student ratios, (C) number of hours spent in the

classroom by faculty, and (D) tenure practices, and the

impact of such trends on tuition.

(5) Trends in (A) the construction and renovation

of academic and other collegiate facilities, and (B) the

modernization of facilities to access and utilize new technologies, and the impact of such trends on tuition.

(6) The extent to which increases in institutional financial aid and tuition discounting have affected tuition

increases, including the demographics of students receiv-
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ing such aid, the extent to which such aid is provided

to students with limited need in order to attract such

students to particular institutions or major fields of

study, and the extent to which Federal financial aid, including loan aid, has been used to offset such increases.

(7) The extent to which Federal, State, and local

laws, regulations, or other mandates contribute to increasing tuition, and recommendations on reducing those

mandates.

(8) The establishment of a mechanism for a more

timely and widespread distribution of data on tuition

trends and other costs of operating colleges and universities.

(9) The extent to which student financial aid programs have contributed to changes in tuition.

(10) Trends in State fiscal policies that have affected college costs.

(11) The adequacy of existing Federal and State financial aid programs in meeting the costs of attending

colleges and universities.

(12) Other related topics determined to be appropriate by the Commission.

(b) FINAL REPORT.—

(1) IN GENERAL.—Subject to paragraph (2), the

Commission shall submit to the President and to the
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Congress, not later than 120 days after the date of the

first meeting of the Commission, a report which shall

contain a detailed statement of the findings and conclusions of the Commission, including the Commission’s

recommendations for administrative and legislative action that the Commission considers advisable.

(2) MAJORITY VOTE REQUIRED FOR RECOMMENDATIONS.—Any recommendation described in paragraph

(1) shall be made by the Commission to the President

and to the Congress only if such recommendation is

adopted by a majority vote of the members of the Commission who are present and voting.

(3) EVALUATION OF DIFFERENT CIRCUMSTANCES.—In making any findings under subsection

(a) of this section, the Commission shall take into account differences between public and private colleges and

universities, the length of the academic program, the size

of the institution’s student population, and the availability of the institution’s resources, including the size of the

institution’s endowment.

SEC. 205. POWERS OF COMMISSION.

(a) HEARINGS.—The Commission may, for the purpose

of carrying out this Act, hold such hearings and sit and act

at such times and places, as the Commission may find advisable.
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(b) RULES AND REGULATIONS.—The Commission may

adopt such rules and regulations as may be necessary to establish the Commission’s procedures and to govern the manner of the Commission’s operations, organization, and personnel.

(c) ASSISTANCE FROM FEDERAL AGENCIES.—

(1) INFORMATION.—The Commission may request

from the head of any Federal agency or instrumentality

such information as the Commission may require for the

purpose of this Act. Each such agency or instrumentality

shall, to the extent permitted by law and subject to the

exceptions set forth in section 552 of title 5, United

States Code (commonly referred to as the Freedom of

Information Act), furnish such information to the Commission, upon request made by the Chairperson of the

Commission.

(2) FACILITIES AND SERVICES, PERSONNEL DETAIL

AUTHORIZED.—Upon request of the Chairperson of the

Commission, the head of any Federal agency or instrumentality shall, to the extent possible and subject to the

discretion of such head—

(A) make any of the facilities and services of

such agency or instrumentality available to the

Commission; and
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(B) detail any of the personnel of such agency

or instrumentality to the Commission, on a nonreimbursable basis, to assist the Commission in carrying out the Commission’s duties under this Act.

(d) MAILS.—The Commission may use the United States

mails in the same manner and under the same conditions as

other Federal agencies.

(e) CONTRACTING.—The Commission, to such extent

and in such amounts as are provided in appropriation Acts,

may enter into contracts with State agencies, private firms,

institutions, and individuals for the purpose of conducting research or surveys necessary to enable the Commission to discharge the Commission’s duties under this Act.

(f) STAFF.—Subject to such rules and regulations as

may be adopted by the Commission, and to such extent and

in such amounts as are provided in appropriation Acts, the

Chairperson of the Commission shall have the power to appoint, terminate, and fix the compensation (without regard to

the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to

the provisions of chapter 51 and subchapter III of chapter 53

of such title, or of any other provision, or of any other provision of law, relating to the number, classification, and General Schedule rates) of an Executive Director, and of such

additional staff as the Chairperson deems advisable to assist
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the Commission, at rates not to exceed a rate equal to the

maximum rate for level IV of the Executive Schedule under

section 5332 of such title.

SEC. 206. EXPENSES OF COMMISSION.

There are authorized to be appropriated to pay any expenses of the Commission such sums as may be necessary not

to exceed $650,000. Any sums appropriated for such purposes are authorized to remain available until expended, or

until one year after the termination of the Commission pursuant to section 207, whichever occurs first.

SEC. 207. TERMINATION OF COMMISSION.

The Commission shall cease to exist on the date that is

60 days after the date on which the Commission is required

to submit its final report in accordance with section 204(b).

Attest:

Clerk.