In the House of Representatives, U. S.,
May 13, 1997.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 914) entitled ‘‘An Act to make cer-
tain technical corrections in the Higher Education Act of
1965 relating to graduation data disclosures’’, with the fol-
lowing
AMENDMENTS:
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.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b)(1)(B), and for any fiscal year beginning with fis-
cal year 1997 for which the amount appropriated to
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carry out this section exceeds the amount so appro-
priated 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 pay-
ment that would otherwise be made under this
section to not more than 50 percent of the maxi-
mum 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
DE-
SCRIBED.—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 expendi-
tures is not less than that revenue for the preced-
ing 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 pe-
riod.
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(2) A 1995 survey of college freshmen found that
concern about college affordability was the highest it
has been in the last 30 years.
(3) Paying for a college education now ranks as
one of the most costly investments for American fami-
lies.
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 com-
posed 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 Mi-
nority 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 Mi-
nority Leader of the Senate.
(5) One individual shall be appointed by the
Secretary of Education.
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(b) ADDITIONAL QUALIFICATIONS.—Each of the indi-
viduals appointed under subsection (a) shall be an individ-
ual with expertise and experience in higher education fi-
nance (including the financing of State institutions of high-
er education), Federal financial aid programs, education
economics research, public or private higher education ad-
ministration, or business executives who have managed suc-
cessful 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 Com-
mission shall constitute a quorum for the transaction of
business.
(e) APPOINTMENTS.—All appointments under sub-
section (a) shall be made within 30 days after the date of
enactment of this Act. In the event that an officer author-
ized to make an appointment under subsection (a) has not
made such appointment within such 30 days, the appoint-
ment may be made for such officer as follows:
(1) The Chairman of the Committee on Edu-
cation and the Workforce may act under such sub-
section for the Speaker of the House of Representa-
tives.
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(2) The Ranking Minority Member of the Com-
mittee on Education and the Workforce may act
under such subsection for the Minority Leader of the
House of Representatives.
(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 Com-
mittee 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 per-
sons serving intermittently in the government service to the
extent funds are available for such expenses.
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(i) INITIAL MEETING.—The initial meeting of the
Commission shall occur within 40 days after the date of
enactment of this Act.
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 administra-
tive costs, including administrative staffing, ratio of
administrative staff to instructors, ratio of adminis-
trative staff to students, remuneration of administra-
tive staff, and remuneration of college and university
presidents or chancellors.
(4) Trends in (A) faculty workload and remu-
neration (including the use of adjunct faculty), (B)
faculty-to-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 renova-
tion of academic and other collegiate facilities, and
(B) the modernization of facilities to access and uti-
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lize 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 stu-
dents receiving 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 in-
creasing 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 uni-
versities.
(9) The extent to which student financial aid
programs have contributed to changes in tuition.
(10) Trends in State fiscal policies that have af-
fected college costs.
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(11) The adequacy of existing Federal and State
financial aid programs in meeting the costs of attend-
ing colleges and universities.
(12) Other related topics determined to be appro-
priate by the Commission.
(b) FINAL REPORT.—
(1) IN GENERAL.—Subject to paragraph (2), the
Commission shall submit to the President and to the
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 con-
clusions of the Commission, including the Commis-
sion’s recommendations for administrative and legis-
lative action that the Commission considers advisable.
(2) MAJORITY
VOTE
REQUIRED
FOR
REC-
OMMENDATIONS.—Any recommendation described in
paragraph (1) shall be made by the Commission to
the President and to the Congress only if such rec-
ommendation is adopted by a majority vote of the
members of the Commission who are present and vot-
ing.
(3) 
EVALUATION
OF
DIFFERENT
CIR-
CUMSTANCES.—In making any findings under sub-
section (a) of this section, the Commission shall take
into account differences between public and private
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colleges and universities, the length of the academic
program, the size of the institution’s student popu-
lation, and the availability of the institution’s re-
sources, including the size of the institution’s endow-
ment.
SEC. 205. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this Act, hold such hearings and sit
and act at such times and places, as the Commission may
find advisable.
(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 re-
quest from the head of any Federal agency or instru-
mentality 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
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information to the Commission, upon request made
by the Chairperson of the Commission.
(2) FACILITIES AND SERVICES, PERSONNEL DE-
TAIL AUTHORIZED.—Upon request of the Chairperson
of the Commission, the head of any Federal agency or
instrumentality shall, to the extent possible and sub-
ject to the discretion of such head—
(A) make any of the facilities and services
of such agency or instrumentality available to
the Commission; and
(B) detail any of the personnel of such
agency or instrumentality to the Commission, on
a nonreimbursable basis, to assist the Commis-
sion 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 condi-
tions 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 con-
ducting research or surveys necessary to enable the Commis-
sion to discharge the Commission’s duties under this Act.
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(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 re-
gard to the provisions of title 5, United States Code, govern-
ing 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, classi-
fication, and General Schedule rates) of an Executive Direc-
tor, and of such additional staff as the Chairperson deems
advisable to assist the Commission, at rates not to exceed
a rate equal to the maximum rate for level IV of the Execu-
tive 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 re-