378
ported by fellowships under this part in amounts that ex-
ceed the institutional payments made by the Secretary
pursuant to section 656(a) may count the excess of such
payments toward the amounts the institution is required
to provide pursuant to section 654(b)(2).
‘‘(d) ACADEMIC PROGRESS REQUIRED.—Notwith-
standing the provisions of subsection (a), no student shall
receive an award—
‘‘(1) except during periods in which such stu-
dent is maintaining satisfactory progress in, and de-
voting essentially full time to, study or research in
the field in which such fellowship was awarded; or
‘‘(2) if the student is engaging in gainful em-
ployment other than part-time employment involved
in teaching, research, or similar activities determined
by the institution to be in support of the student’s
progress towards a degree.
‘‘SEC. 656. ADDITIONAL ASSISTANCE FOR COST OF EDU-
CATION.
‘‘(a) INSTITUTIONAL PAYMENTS.—(1) The Secretary
shall (in addition to stipends paid to individuals under this
part) pay to the institution of higher education, for each
individual awarded a fellowship under this part at such
institution, an institutional allowance. Except as provided
in paragraph (2), such allowance shall be—
379
‘‘(A) $10,000 annually with respect to individ-
uals who first received fellowships under this part
prior to academic year 1999–2000; and
‘‘(B) with respect to individuals who first re-
ceive fellowships during or after academic year
1999–2000—
‘‘(i) $10,000 for the academic year 1999–
2000; and
‘‘(ii) 
for 
succeeding 
academic 
years,
$10,000 adjusted annually thereafter in accord-
ance with inflation as determined by the De-
partment of Labor’s Consumer Price Index for
the previous calendar year.
‘‘(2) The institutional allowance paid under para-
graph (1) shall be reduced by the amount the institution
charges and collects from a fellowship recipient for tuition
and other expenses as part of the recipient’s instructional
program.
‘‘(b) USE
FOR OVERHEAD PROHIBITED.—Funds
made available pursuant to this part may not be used for
the general operational overhead of the academic depart-
ment or program.
‘‘SEC. 657. CONTINUATION AWARDS.
‘‘Before making new awards under this part for any
fiscal year, the Secretary shall, as appropriate, making
380
continuation awards to recipients of awards under parts
B, C, and D of title IX as in effect prior to the enactment
of the Higher Education Amendments of 1998.
‘‘SEC. 658. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$40,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the 4 succeeding fiscal years to
carry out this part.’’.
(b) REPEAL.—Title IX (20 U.S.C. 1134 et seq.) is
repealed.
TITLE VII—CONSTRUCTION, RE-
CONSTRUCTION, 
AND 
REN-
OVATION OF ACADEMIC FA-
CILITIES
SEC. 701. EXTENSION OF PRIOR RIGHTS AND OBLIGATIONS.
Section 702(a) (20 U.S.C. 1132a–1(a)) is amended
by striking ‘‘fiscal year 1993’’ and inserting ‘‘fiscal year
1999’’.
SEC. 702. REPEAL OF PART A.
(a) REPEAL.—Part A of title VII (20 U.S.C. 1132b
et seq.) is repealed.
(b) CONFORMING AMENDMENTS.—
(1) Section 701(b) (20 U.S.C. 1132a(b)) is
amended by striking ‘‘part A or B’’ and inserting
‘‘part B’’.
381
(2) Part B of title VII is amended by striking
section 726 (20 U.S.C. 1132c–5).
(3) Section 781 (20 U.S.C. 1132i) is amended
by striking ‘‘part A of this title, or’’ each place it
appears.
SEC. 703. EXTENSION OF AUTHORIZATION OF PART B.
Section 727(c) (20 U.S.C. 1132c–6(c)) is amended
by striking ‘‘fiscal year 1993’’ and inserting ‘‘fiscal year
1999’’.
SEC. 704. EXTENSION OF AUTHORIZATION OF PART C.
Section 735 (20 U.S.C. 1132d–4) is amended by
striking ‘‘fiscal year 1993’’ and inserting ‘‘fiscal year
1999’’.
TITLE VIII—ADDITIONAL
PROVISIONS
SEC. 801. STUDY OF TRANSFER OF CREDITS.
(a) STUDY REQUIRED.—The Secretary of Education
shall conduct a study to evaluate policies or practices insti-
tuted by recognized accrediting agencies or associations
regarding the treatment of the transfer of credits from
one institution of higher education to another, giving par-
ticular attention to—
(1) adopted policies regarding the transfer of
credits between institutions of higher education
382
which are accredited by different agencies or asso-
ciations and the reasons for such policies;
(2) adopted policies regarding the transfer of
credits between institutions of higher education
which are accredited by national agencies or associa-
tions and institutions of higher education which are
accredited by regional agencies and associations and
the reasons for such policies;
(3) the effect of the adoption of such policies on
students transferring between such institutions of
higher education, including time required to matric-
ulate, increases to the student of tuition and fees
paid, and increases to the student with regard to
student loan burden;
(4) the extent to which Federal financial aid is
awarded to such students for the duplication of
coursework already completed at another institution;
and
(5) the aggregate cost to the Federal Govern-
ment of the adoption of such policies.
(b) REPORT.—Not later than one year after the date
of enactment of this Act, the Secretary shall submit a re-
port to the Chairman and Ranking Minority Member of
the Committee on Education and the Workforce of the
House of Representatives and the Committee on Labor
383
and Human Resources of the Senate detailing his findings
regarding the study conducted under subsection (a). The
Secretary’s report shall include such recommendation with
respect to the recognition of accrediting agencies or asso-
ciations as the Secretary deems advisable.
SEC. 802. STUDY OF MARKET MECHANISMS IN FEDERAL
STUDENT LOAN PROGRAMS.
(a) STUDY REQUIRED.—The Comptroller General, in
consultation with interested parties, shall conduct a study
of the potential to use auctions or other market mecha-
nisms in the delivery of Federal student loans in order
to reduce costs both to the Federal Government and to
borrowers. Such study shall include an examination of—
(1) the feasibility of using an auction of lending
authority for Federal student loans, and the appro-
priate Federal role in the operation of such an auc-
tion or other alternative market mechanisms;
(2) methods for operating such a system to en-
sure loan access for all eligible borrowers, while
maximizing the cost-effectiveness (for the Govern-
ment and borrowers) in the delivery of such loans;
(3) the impact of such mechanisms on student
loan availability;
(4) any necessary transition procedures for im-
plementing such mechanisms;
384
(5) the costs or savings likely to be attained for
the Government and borrowers;
(6) the feasibility of incorporating income-con-
tingent repayment options into the student loan sys-
tem and requiring borrowers to repay through in-
come tax withholding, and the impact of such an op-
tion on the willingness of lenders to participate in
auctions or other market mechanisms and on the ef-
ficiency of Federal management of student loan pro-
grams;
(7) the ability of the Department of the Treas-
ury to effectively auction the right to make student
loans; and
(8) other relevant issues.
(b) RECOMMENDATIONS.—Within 2 years after the
date of enactment of this Act, the Comptroller General
shall submit to the Congress a report on the study re-
quired by subsection (a) and shall include with such report
any legislative recommendations the Comptroller General
considers appropriate.
SEC. 803. IMPROVEMENTS IN MARKET INFORMATION AND
PUBLIC ACCOUNTABILITY IN HIGHER EDU-
CATION.
(a) IMPROVED DATA COLLECTION.—
385
(1) DEVELOPMENT
OF
UNIFORM
METHODOL-
OGY.—The Secretary shall direct the Commissioner
of Education Statistics to convene a series of forums
to develop nationally consistent methodologies for re-
porting costs incurred by postsecondary institutions
in providing postsecondary education.
(2) SEPARATION
OF
UNDERGRADUATE
AND
GRADUATE
COSTS.—Such consistent methodologies
shall permit the Secretary to collect and disseminate
separate data with respect to the costs incurred in
providing undergraduate and graduate postsecond-
ary education.
(3) REDESIGN
OF
DATA
SYSTEMS.—On the
basis of the methodologies developed pursuant to
paragraph (1), the Secretary shall redesign relevant
parts of the postsecondary education data systems to
improve the usefulness and timeliness of the data
collected by such systems.
(b) DATA DISSEMINATION.—The Secretary shall
publish, in both printed and electronic form, of the data
collected pursuant to subsection (a). Such data shall be
available in a form that permits the review and compari-
son of the data submissions of individual institutions of
higher education. Such data shall be presented in a form
that is easily understandable and allows parents and stu-
386
dents to make informed decisions based on the following
costs for typical full-time undergraduate or graduate stu-
dents—
(1) tuition charges published by the institution;
(2) the institution’s cost of educating students
on a full-time equivalent basis;
(3) the general subsidy on a full-time equivalent
basis;
(4) instructional cost by level of instruction;
(5) the total price of attendance; and
(6) the average amount of per student financial
aid received, including and excluding assistance in
the form of loans.
SEC. 804. DIFFERENTIAL REGULATION.
(a) GAO STUDY.—The Comptroller General shall
conduct a study of the extent to which unnecessary costs
are imposed on postsecondary education as a consequence
of the applicability to postsecondary facilities and equip-
ment of regulations prescribed for purposes of regulating
industrial and commercial enterprises.
(b) REPORT REQUIRED.—Within one year after the
date of enactment of this Act, the Comptroller General
shall submit a report to the Congress on the results of
the study required by subsection (a).
387
SEC. 805. ANNUAL REPORT ON COST OF HIGHER EDU-
CATION.
(a) GAO REPORT
REQUIRED.—The Comptroller
General shall conduct an on-going analysis of the follow-
ing:
(1) The increase in tuition compared with other
commodities and services.
(2) 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 adminis-
trative staff, and remuneration of college and univer-
sity presidents or chancellors.
(3) 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 prac-
tices, and the impact of such trends on tuition.
(4) Trends in: (A) the construction and renova-
tion of academic and other collegiate facilities; and
(B) the modernization of facilities to access and uti-
lize new technologies, and the impact of such trends
on tuition.
(5) The extent to which increases in institu-
tional financial aid and tuition discounting have af-
fected tuition increases, including the demographics
388
of students receiving such aid, the extent to which
such aid is provided to students with limited need in
order to attract such students to particular institu-
tions or major fields of study, and the extent to
which Federal financial aid, including loan aid, has
been used to offset such increases.
(6) The extent to which Federal, State, and
local laws, regulations, or other mandates contribute
to increasing tuition, and recommendations on re-
ducing those mandates.
(7) 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.
(8) The extent to which student financial aid
programs have contributed to changes in tuition.
(9) Trends in State fiscal policies that have af-
fected college costs.
(10) Other related topics determined to be ap-
propriate by the Comptroller General.
(b) ANNUAL REPORT TO CONGRESS.—The Comptrol-
ler General shall submit to the Congress an annual report
on the results of the analysis required by subsection (a).
389
SEC. 806. STUDY OF CONSOLIDATION OPTIONS.
No later than 2 years after the date of enactment
of this Act, the Secretary shall report to Congress on the
desirability and feasibility of possible new Federal efforts
to assist individuals who have substantial alternative stu-
dent loans (other than direct student loans and federally
guaranteed student loans) to repay their student loans.
The report shall include an analysis of the extent to which
the high monthly payments associated with such loans
deter such individuals from jobs (including public-interest
and public-service jobs) with lower salaries than the aver-
age in relevant professions. The report shall include an
analysis of the desirability and feasibility of allowing the
consolidation of alternative student loans held by such in-
dividuals through the Federal student loan consolidation
program or the use of other means to provide income-con-
tingent repayment plans for alternative student loans.
SEC. 807. EDUCATIONAL MERCHANDISE LICENSING CODES
OF CONDUCT.
It is the sense of the Congress that all American col-
leges and universities should adopt rigorous educational
merchandise licensing codes of conduct to assure that uni-
versity and college licensed merchandise is not made by
sweatshop and exploited adult or child labor either domes-
tically or abroad and that such codes should include at
least the following:
390
(1) public reporting of the code and the compa-
nies adhering to it;
(2) independent monitoring of the companies
adhering to the code by entities not limited to major
international accounting firms;
(3) an explicit prohibition on the use of child
labor;
(4) an explicit requirement that companies pay
workers at least the governing minimum wage and
applicable overtime;
(5) an explicit requirement that companies
allow workers the right to organize without retribu-
tion; and
(6) an explicit requirement that companies
maintain a safe and healthy workplace.
SEC. 808. REPEALS AND EXTENSIONS OF PREVIOUS HIGH-
ER EDUCATION AMENDMENTS PROVISIONS.
(a) HIGHER EDUCATION AMENDMENTS OF 1986.—
Title XIII of the Higher Education Amendments of 1986
(20 U.S.C. 1091 note, 1121 note, 1221e–1 note, 1011
note, 1070a note, 1071 note, 1221–1 note, and 1091 note)
is repealed.
(b) HIGHER EDUCATION AMENDMENTS OF 1992.—
(1) TITLE XIV.—Title XIV of the Higher Edu-
cation Amendments of 1992 (20 U.S.C. 1071 note,
391
1080 note, 1221e note, 1070 note, 1221e–1 note,
1070a–21 note, 1134 note, 1132a note, 1221–1
note, and 1101 note) is repealed.
(2) TITLE XV.—Parts A, B, C, D, and E of
title XV of the Higher Education Amendments of
1992 (29 U.S.C. 2401 et seq., 20 U.S.C. 1452 note,
1101 note, 1145h, and 1070 note) are repealed.
(3) OLYMPIC SCHOLARSHIPS.—Section 1543(d)
of the Higher Education Amendments of 1992 is
amended by striking ‘‘1993’’ and inserting ‘‘1999’’.
SEC. 809. LIMITATION.
None of the funds appropriated under the Higher
Education Act of 1965 or any other Act shall be made
available by any Federal agency to the National Board for
Professional Teaching Standards.
SEC. 
810. 
PROCEDURES 
FOR 
CANCELLATIONS 
AND
DEFERMENTS FOR ELIGIBLE DISABLED VET-
ERANS.
The Secretary shall, in consultation with the Sec-
retary of Veterans Affairs, develop and implement a proce-
dure under which Department of Veterans Affairs physi-
cians shall provide the certification and affidavits needed
to enable eligible disabled veterans to document their eligi-
bility for deferments and cancellations of student loans
made, insured, or guaranteed under this title. Not later
392
than 6 months after the date of the enactment of this Act,
the Secretaries of Education and Veterans Affairs shall
jointly report to Congress on the progress made in devel-
oping and implementing this procedure.
TITLE IX—AMENDMENTS TO
OTHER LAWS
PART A—EDUCATION OF THE DEAF ACT
Subpart 1—Gallaudet University
SEC. 901. BOARD OF TRUSTEES MEMBERSHIP.
Section 103(a)(1) of the Education of the Deaf Act
of 1986 (20 U.S.C. 4303(a)(1)) is amended—
(1) in the matter preceding subparagraph (A),
by striking ‘‘twenty-one’’ and inserting ‘‘twenty-
two’’;
(2) in subparagraph (A), by striking ‘‘and’’ at
the end;
(3) in subparagraph (B), by striking the period
at the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(C) the liaison designated under section 206,
who shall serve as an ex-officio, nonvoting mem-
ber.’’.
393
SEC. 902. ELEMENTARY AND SECONDARY EDUCATION PRO-
GRAMS.
(a) COMPLIANCE WITH CERTAIN REQUIREMENTS
UNDER
THE INDIVIDUALS WITH DISABILITIES EDU-
CATION ACT.—Section 104(b)(3) of the Education of the
Deaf Act of 1986 (20 U.S.C. 4304(b)(3)) is amended by
striking ‘‘intermediate educational unit’’ and inserting
‘‘educational service agency’’.
(b) 
ADDITIONAL
REQUIREMENTS.—Section
104(b)(4)(C) of such Act (20 U.S.C. 4304(b)(4)(C)) is
amended by striking clauses (i) through (iv) and inserting
the following:
‘‘(i) Paragraph (1) and paragraphs (3)
through (6) of subsection (b).
‘‘(ii) Subsections (e) through (g).
‘‘(iii) Subsection (h), except the provision
contained in such subsection that requires that
findings of fact and decisions be transmitted to
the State advisory panel.
‘‘(iv) Paragraphs (1) and (2) of subsection
(i).
‘‘(v) Subsection (j), except that such sub-
section shall not be applicable to a decision by
the University to refuse to admit or to dismiss
a child, except that, before dismissing any child,
the University shall give at least 60 days notice
394
to the child’s parents and to the local edu-
cational agency in which the child resides.
‘‘(vi) Subsections (k) through (m).’’.
SEC. 903. AGREEMENT WITH GALLAUDET UNIVERSITY.
Section 105(a) of the Education of the Deaf Act of
1986 (20 U.S.C. 4305(a)) is amended—
(1) in the first sentence, by striking ‘‘within 1
year after enactment of the Education of the Deaf
Act Amendments of 1992, a new’’ and inserting
‘‘and periodically update, an’’; and
(2) by amending the second sentence to read as
follows: ‘‘The necessity of the periodic update re-
ferred to in the preceding sentence shall be deter-
mined by the Secretary or the University.’’.
Subpart 2—National Institute For The Deaf
SEC. 911. AGREEMENT FOR THE NATIONAL TECHNICAL IN-
STITUTE FOR THE DEAF.
Section 112 of the Education of the Deaf Act of 1986
(20 U.S.C. 4332) is amended—
(1) in subsection (a)(2), by striking ‘‘under this
section’’ and all that follows and inserting the fol-
lowing: ‘‘under this section—
‘‘(A) shall periodically assess the need for modi-
fication of the agreement; and
395
‘‘(B) shall also periodically update the agree-
ment as determined to be necessary by the Secretary
or the institution.’’; and
(2) in subsection (b)(3), by striking ‘‘Commit-
tee on Education and Labor’’ and inserting ‘‘Com-
mittee on Education and the Workforce’’.
Subpart 3—General Provisions
SEC. 921. DEFINITIONS.
Section 201 of the Education of the Deaf Act of 1986
(20 U.S.C. 4351) is amended—
(1) in paragraph (1)(C), by striking ‘‘Palau
(but only until the Compact of Free Association with
Palau takes effect),’’; and
(2) in paragraph (5)—
(A) by inserting ‘‘and’’ before ‘‘the Com-
monwealth of the Northern Mariana Islands’’;
and
(B) by striking ‘‘, and Palau’’ and all that
follows and inserting a period.
SEC. 922. AUDITS.
Section 203(b) of the Education of the Deaf Act of
1986 (20 U.S.C. 4353(b)) is amended in the first sentence
by inserting before the period at the end the following:
‘‘, including the national mission and school operations of
the elementary and secondary programs’’.
396
SEC. 923. REPORTS.
Section 204 of the Education of the Deaf Act of 1986
(20 U.S.C. 4354) is amended in the matter preceding
paragraph (1) by striking ‘‘Committee on Education and
Labor’’ and inserting ‘‘Committee on Education and the
Workforce’’.
SEC. 924. MONITORING, EVALUATION, AND REPORTING.
Section 205(c) of the Education of the Deaf Act of
1986 (20 U.S.C. 4355(c)) is amended by striking ‘‘1993,
1994, 1995, 1996, and 1997’’ and inserting ‘‘1999
through 2003’’.
SEC. 925. RESPONSIBILITY OF THE LIAISON.
Section 206 of the Education of the Deaf Act (20
U.S.C. 4356) is amended—
(1) in subsection (a), by striking ‘‘Not later
than 30 days after the date of enactment of this
Act, the’’ and inserting ‘‘The’’; and
(2) in subsection (b)—
(A) in paragraph (2), by striking ‘‘and’’ at
the end;
(B) by redesignating paragraph (3) as
paragraph (4); and
(C) by inserting after paragraph (2) the
following:
‘‘(3) serve as an ex-officio, nonvoting member
of the Board of Trustees under section 103; and’’.
397
SEC. 926. FEDERAL ENDOWMENT PROGRAMS.
(a) FEDERAL PAYMENTS.—Section 207(b) of the
Education of the Deaf Act of 1986 (20 U.S.C. 4357(b))
is amended—
(1) in paragraph (2) to read as follows:
‘‘(2) Subject to the availability of appropria-
tions, the Secretary shall make payments to each
Federal endowment fund in amounts equal to sums
contributed to the fund from non-Federal sources
during the fiscal year in which the appropriations
are made available (excluding transfers from other
endowment funds of the institution involved).’’; and
(2) by striking paragraph (3).
(b) WITHDRAWALS
AND EXPENDITURES.—Section
207(d)(2)(C) of such Act (20 U.S.C. 4357(d)(2)(C)) is
amended by striking ‘‘Beginning on October 1, 1992, the’’
and inserting ‘‘The’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
207(h) of such Act (20 U.S.C. 4357(h)) is amended by
striking ‘‘fiscal years 1993 through 1997’’ each place it
appears and inserting ‘‘fiscal years 1999 through 2003’’.
SEC. 927. SCHOLARSHIP PROGRAM.
Section 208 of the Education of the Deaf Act of 1986
(20 U.S.C. 4358) is hereby repealed.
398
SEC. 928. OVERSIGHT AND EFFECT OF AGREEMENTS.
Section 209 of the Education of the Deaf Act of 1986
(20 U.S.C. 4359) is amended—
(1) in subsection (a), by striking ‘‘Committee
on Education and Labor’’ and inserting ‘‘Committee
on Education and the Workforce’’; and
(2) by redesignating such section as section
208.
SEC. 929. INTERNATIONAL STUDENTS.
(a) ENROLLMENT.—Section 210(a) of the Education
of the Deaf Act of 1986 (20 U.S.C. 4359a(a)) is amended
to read as follows:
‘‘(a) ENROLLMENT.—A qualified United States citi-
zen seeking admission to the University or NTID shall not
be denied admission in a given year due to the enrollment
of international students.’’.
(b) CONFORMING
AMENDMENT.—Section 210 of
such Act (20 U.S.C. 4359a) is amended by redesignating
such section as section 209.
SEC. 930. AUTHORIZATION OF APPROPRIATIONS.
Section 211 of the Education of the Deaf Act of 1986
(20 U.S.C. 4360) is amended—
(1) in subsection (a), by striking ‘‘such sums as
may be necessary for each of the fiscal years 1993
through 1997’’ and inserting ‘‘$83,480,000 for fiscal
year 1999, $84,732,000 for fiscal year 2000,
399
$86,003,000 for fiscal year 2001, $87,293,000 for
fiscal year 2002, and $88,603,000 for fiscal year
2003’’;
(2) in subsection (b), by striking ‘‘such sums as
may be necessary for each of the fiscal years 1993
through 1997’’ and inserting ‘‘$44,791,000 for fiscal
year 1999, $46,303,000 for fiscal year 2000,
$50,136,000 for fiscal year 2001, $50,818,000 for
fiscal year 2002, and $46,850,000 for fiscal year
2003’’; and
(3) by redesignating such section as section
210.
PART B—EXTENSION AND REVISION OF INDIAN
HIGHER EDUCATION PROGRAMS
SEC. 951. TRIBALLY CONTROLLED COLLEGES AND UNIVER-
SITIES.
(a) EXTENSION TO COLLEGES AND UNIVERSITIES.—
The Tribally Controlled Community College Assistance
Act of 1978 (25 U.S.C. 1801 et seq.) is amended—
(1) by striking ‘‘community college’’ each place
it appears and inserting ‘‘college or university’’;
(2) by striking ‘‘community colleges’’ each place
it appears and inserting ‘‘colleges and universities’’;
400
(3) by striking ‘‘COMMUNITY COLLEGES’’
in the heading of title I and inserting ‘‘COLLEGES
AND UNIVERSITIES’’;
(4) by striking ‘‘community college’s’’ in section
2(b)(5) and inserting ‘‘college’s or university’s’’;
(5) by striking ‘‘the college’’ in sections 102(b),
113(c)(2), and 305(a) and inserting ‘‘the college or
university’’;
(6) by striking ‘‘such colleges’’ in sections
104(a)(2) and 111(a)(2) and inserting ‘‘such col-
leges and universities’’;
(7) by striking ‘‘COMMUNITY COLLEGES’’ in the
heading of section 107 and inserting ‘‘COLLEGES
AND UNIVERSITIES’’;
(8) by striking ‘‘such college’’ each place it ap-
pears in sections 108(a), 113(b)(2), 113(c)(2), 302,
303, 304, and 305 and inserting ‘‘such college or
university’’;
(9) by striking ‘‘such colleges’’ in section
109(b) and inserting ‘‘such college or university’’;
(10) in section 110(a)(4), by striking ‘‘Tribally
Controlled Community Colleges’’ and inserting ‘‘trib-
ally controlled colleges and universities’’;
401
(11) by striking ‘‘COMMUNITY COLLEGE’’
in the heading of title III and inserting ‘‘COLLEGE
AND UNIVERSITY’’;
(11) by striking ‘‘that college’’ in sections
302(b)(4) and 305(a) and inserting ‘‘such college or
university’’; and
(12) by striking ‘‘other colleges’’ in section
302(b)(4) and insert ‘‘other colleges and univer-
sities’’.
(b) TITLE I ELIGIBLE GRANT RECIPIENTS.—Section
103 of the Tribally Controlled Community College Assist-
ance Act of 1978 (25 U.S.C. 1804) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(4) has been accredited by a nationally recog-
nized accrediting agency or association determined
by the Secretary of Education to be a reliable au-
thority as to the quality of training offered, or is, ac-
cording to such an agency or association, making
reasonable progress toward such accreditation.’’.
402
(c) 
AMOUNT
OF
TITLE
I 
GRANTS.—Section
108(a)(2) of such Act (25 U.S.C. 1808(a)(2)) is amended
by striking ‘‘$5,820’’ and inserting ‘‘$6,000’’.
(d) CLERICAL AMENDMENT.—Section 109 of such
Act (25 U.S.C. 1809) is amended by redesignating sub-
section (d) as subsection (c).
(e) AUTHORIZATION OF APPROPRIATIONS FOR TITLE
I.—Section 110 of such Act (25 U.S.C. 1810) is amend-
ed—
(1) by striking ‘‘1993’’ each place it appears
and inserting ‘‘1999’’; and
(2) 
in 
subsection 
(a)(2), 
by 
striking
‘‘$30,000,000’’ and inserting ‘‘$40,000,000’’.
(f) AUTHORIZATION OF APPROPRIATIONS FOR TI-
TLES III AND IV.—Sections 306 and 403 of such Act (25
U.S.C. 1836, 1852) are each amended by striking ‘‘1993’’
and inserting ‘‘1999’’.
SEC. 952. REAUTHORIZATION OF PROVISIONS FROM HIGH-
ER EDUCATION AMENDMENTS OF 1992.
Title XIII of the Higher Education Amendments of
1992 (25 U.S.C. 3301 et seq.) is amended by striking
‘‘1993’’ each place it appears in sections 1348, 1365, and
1371(e), and inserting ‘‘1999’’.
403
SEC. 953. REAUTHORIZATION OF NAVAJO COMMUNITY COL-
LEGE ACT.
Section 5(a)(1) of the Navajo Community College Act
(25 U.S.C. 640c–1) is amended by striking ‘‘1993’’ and
inserting ‘‘1999’’.
Part C—GENERAL EDUCATION PROVISIONS ACT
SEC. 961. ACCESS TO RECORDS CONCERNING CRIMES OF
VIOLENCE.
Section 444(h) of the General Education Provisions
Act (20 U.S.C. 1232g(h)) is amended to read as follows:
‘‘(h) DISCIPLINARY RECORDS.—(1) Nothing in this
section shall prohibit an educational agency or institution
from—
‘‘(A) including appropriate information in the
education record of any student concerning discipli-
nary action taken against such student for conduct
that posed a significant risk to the safety or well-
being of that student, other students, or other mem-
bers of the school community; or
‘‘(B) disclosing such information to teachers
and school officials, including teachers and school of-
ficials in other schools, who have legitimate edu-
cational interests in the behavior of the student.
‘‘(2) Nothing in this section shall prohibit any post-
secondary educational agency or institution from disclos-
ing disciplinary records of any kind which contain infor-
404
mation that personally identifies a student or students
who have either admitted to or been found to have com-
mitted any act, which is a crime of violence (as that term
is defined in section 16 of title 18, United States Code),
in violation of institutional policy, either as a violation of
the law or a specific institutional policy, where such
records are directly related to such misconduct.’’.
TITLE X—FACULTY RETIREMENT
PROVISIONS
SEC. 1001. VOLUNTARY RETIREMENT INCENTIVE PLANS.
(a) IN GENERAL.—Section 4 of the Age Discrimina-
tion in Employment Act of 1967 (29 U.S.C. 623) is
amended by adding at the end the following:
‘‘(m) Notwithstanding subsection (f )(2)(B), it shall
not be a violation of subsection (a), (b), (c), or (e) solely
because a plan of an institution of higher education (as
defined in section 1201(a) of the Higher Education Act
of 1965 (20 U.S.C. 1141(a))) offers employees who are
serving under a contract of unlimited tenure (or similar
arrangement providing for unlimited tenure) supplemental
benefits upon voluntary retirement that are reduced or
eliminated on the basis of age, if—
‘‘(1) such institution does not implement with
respect to such employees any age-based reduction
or cessation of benefits that are not such supple-
405
mental benefits, except as permitted by other provi-
sions of this Act;
‘‘(2) such supplemental benefits are in addition
to any retirement or severance benefits which have
been offered generally to employees serving under a
contract of unlimited tenure (or similar arrangement
providing for unlimited tenure), independent of any
early retirement or exit-incentive plan, within the
preceding 365 days; and
‘‘(3) any employee who attains the minimum
age and satisfies all non-age-based conditions for re-
ceiving a benefit under the plan has an opportunity
lasting not less than 180 days to elect to retire and
to receive the maximum benefit that could then be
elected by a younger but otherwise similarly situated
employee, and the plan does not require retirement
to occur sooner than 180 days after such election.’’.
(b) PLANS PERMITTED.—Section 4(i)(6) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
623(i)(6)) is amended by adding after the word ‘‘accruals’’
the following: ‘‘or it is a plan permitted by subsection
(m).’’
(c) CONSTRUCTION.—Nothing in the amendment
made by subsection (a) shall affect the application of sec-
406
tion 4 of the Age Discrimination in Employment Act of
1967 (29 U.S.C. 623) with respect to—
(1) any plan described in subsection (m) of sec-
tion 4 of such Act (as added by subsection (a)), for
any period prior to enactment of such Act;
(2) any plan not described in subsection (m) of
section 4 of such Act (as added by subsection (a));
or
(3) any employer other than an institution of
higher education (as defined in section 1201(a) of
the Higher Education Act of 1965).
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—This section shall take effect
on the date of enactment of this Act.
(2) EFFECT ON CAUSES OF ACTION EXISTING
BEFORE
DATE
OF
ENACTMENT.—The amendment
made by subsection (a) shall not apply with respect
to any cause of action arising under the Age Dis-
crimination in Employment Act of 1967 prior to the
date of enactment of this Act.
TITLE XI—OFFESTS REQUIRED
SEC. 1101. ASSURANCE OF OFFSETS.
(a) DECLARATION.—None of the provisions in this
Act should take effect unless it contains the mandatory
offsets set forth in subsection (b).
407
(b) ENUMERATION OF OFFSETS.—The offsets re-
ferred to in subsection (a) are provisions that—
(1) change the definition of default contained in
section 435(1) to extend the period of delinquency
prior to default by an additional 90 days;
(2) capitalize the interest accrued on unsub-
sidized and parent loans at the time that the bor-
rower enters repayment;
(3) recall $65,000,000 in guaranty agency re-
serves, in addition to the amount required to be re-
called pursuant to the amendments in section 422 of
the Higher Education Act of 1965 contained in this
Act;
(4) eliminate the dischargeability in bankruptcy
of student loans made after the date of the enact-
ment of this Act for the cost of attendance for a
baccalaureate or advanced degree, and for which the
first payment was due more than seven years before
the commencement of the bankruptcy action; and
(5) sell sufficient commodities from the Na-
tional Defense stockpile to generate receipts of
$80,000,000 in fiscal year 1999 and $480,000,000
over five years.
408
TITLE XII—ALCOHOL
CONSUMPTION
SEC. 1201. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that,
in an effort to change the culture of alcohol consumption
on college campuses, all college and university administra-
tors should adopt the following code of principles:
(1) For an institution of higher education, the
president of the institution shall appoint a task force
consisting of school administrators, faculty, stu-
dents, Greek system representatives, and others to
conduct a full examination of student and academic
life at the institution. The task force will make rec-
ommendations for a broad range of policy and pro-
gram changes that would serve to reduce alcohol and
other drug-related problems. The institution shall
provide resources to assist the task force in promot-
ing the campus policies and proposed environmental
changes that have been identified.
(2) The institution shall provide maximum op-
portunities for students to live in an alcohol-free en-
vironment and to engage in stimulating, alcohol-free
recreational and leisure activities.
(3) The institution shall enforce a ‘‘zero toler-
ance’’ policy on the illegal consumption and binge
409
drinking of alcohol by its students and will take
steps to reduce the opportunities for students, fac-
ulty, staff, and alumni to legally consume alcohol on
campus.
(4) The institution shall vigorously enforce its
code of disciplinary sanctions for those who violate
campus alcohol policies. Students with alcohol or
other drug-related problems shall be referred to an
on-campus counseling program.
(5) The institution shall adopt a policy to dis-
courage alcoholic beverage-related sponsorship of on-
campus activities. It shall adopt policies limiting the
advertisement and promotion of alcoholic beverages
on campus.
(6) Recognizing that school-centered policies on
alcohol will be unsuccessful if local businesses sell al-
cohol to underage or intoxicated students, the insti-
tution shall form a ‘‘Town/Gown’’ alliance with com-
munity leaders. That alliance shall encourage local
commercial establishments that promote or sell alco-
holic beverages to curtail illegal student access to al-
cohol and adopt responsible alcohol marketing and
service practices.
410
TITLE 
XIII—PROTECTION 
OF
STUDENT SPEECH AND ASSO-
CIATION RIGHTS
SEC. 1301. PROTECTION OF STUDENT SPEECH AND ASSO-
CIATION RIGHTS.
(a) PROTECTION OF RIGHTS.—It is the sense of the
House of Representatives that no student attending an in-
stitution of higher education on a full- or part-time basis
should, on the basis of protected speech and association,
be excluded from participation in, be denied the benefits
of, or be subjected to discrimination or official sanction
under any education program, activity, or division directly
or indirectly receiving financial assistance under the High-
er Education Act of 1965, whether or not such program,
activity, or division is sponsored or officially sanctioned
by the institution.
(b) SANCTIONS
FOR DISRUPTION PERMITTED.—
Nothing in this section shall be construed to discourage
the imposition of an official sanction on a student that
has willfully participated in the disruption or attempted
disruption of a lecture, class, speech, presentation, or per-
formance made or scheduled to be made under the aus-
pices of the institution of higher education.
(c) DEFINITIONS.—For the purposes of this section:
411
(1) PROTECTED SPEECH.—The term ‘‘protected
speech’’ means speech that is protected under the
1st and 14th amendments to the United States Con-
stitution, or would be so protected if the institution
of higher education were subjected to those amend-
ments.
(2) PROTECTED ASSOCIATION.—The term ‘‘pro-
tected association’’ means the right to join, assem-
ble, and reside with others that is protected under
the 1st and 14th amendments to the United States
Constitution, or would be protected if the institution
of higher education were subject to those amend-
ments.
(3) OFFICIAL
SANCTION.—The term ‘‘official
sanction’’—
(A) means expulsion, suspension, proba-
tion, censure, condemnation, reprimand, or any
other disciplinary, coercive, or adverse action
taken by an institution of higher education or
administrative unit of the institution; and
(B) includes an oral or written warning
made by an official of an institution of higher
education acting in the official capacity of the
official.
412
TITLE XIV—DRUG AND ALCOHOL
PREVENTION
SEC. 1401. DRUG AND ALCOHOL ABUSE PREVENTION.
(a) GRANTS AND RECONGNITION AWARDS.—Section
111, as redesignated by section 101(a)(3)(E), is amended
by adding at the end the following new subsections:
‘‘(e) ALCOHOL
AND DRUG ABUSE PREVENTION
GRANTS.—
‘‘(1) PROGRAM
AUTHORITY.—The Secretary
may make grants to institutions of higher education
or consortia of such institutions and contracts with
such institutions and other organizations to develop,
implement, operate, improve, and disseminate pro-
grams of prevention, and education (including treat-
ment-referral) to reduce and eliminate the illegal use
of drugs and alcohol and their associated violence.
Such contracts may also be used for the support of
a higher education center for alcohol and drug abuse
prevention which will provide training, technical as-
sistance, evaluation, dissemination and associated
services and assistance to the higher education com-
munity as defined by the Secretary and the institu-
tions of higher education.
‘‘(2) AWARDS.—Grants and contracts shall be
made available under paragraph (1) on a competitive
413
basis. An institution of higher education, a consor-
tium of such institutions, or other organizations
which desire to receive a grant or contract under
paragraph (1) shall submit an application to the
Secretary at such time, in such manner, and con-
taining or accompanied by such information as the
Secretary may reasonably require by regulation.
‘‘(3) ADDITIONAL
REQUIREMENTS.—The Sec-
retary shall make every effort to ensure—
‘‘(A) the equitable participation of private
and public institutions of higher education (in-
cluding community and junior colleges); and
‘‘(B) the equitable geographic participation
of such institutions,
in grants and contracts under paragraph (1). In the
award of such grants and contracts, the Secretary
shall give appropriate consideration to institutions of
higher education with limited enrollment.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated to carry out
this subsection $5,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4
succeeding fiscal years.
‘‘(f) NATIONAL RECOGNITION AWARDS.—
414
‘‘(1) AWARDS.—For the purpose of providing
models of alcohol and drug abuse prevention and
education (including treatment-referral) programs in
higher education and to focus national attention on
exemplary alcohol and drug abuse prevention efforts,
the Secretary of Education shall, on an annual
basis, make 10 National Recognition Awards to in-
stitutions of higher education that have developed
and implemented effective alcohol and drug abuse
prevention and education programs. Such awards
shall be made at a ceremony in Washington, D.C.
and a document describing the programs of those
who receive the awards shall be distributed nation-
ally.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—A national recognition
award shall be made under paragraph (1) to in-
stitutions of higher education which have ap-
plied for such award. Such an application shall
contain—
‘‘(i) a clear description of the goals
and objectives of the alcohol and drug
abuse programs of the institution applying;
‘‘(ii) a description of program activi-
ties that focus on alcohol and other drug
415
policy issues, policy development, modifica-
tion, or refinement, policy dissemination
and implementation, and policy enforce-
ment;
‘‘(iii) a description of activities that
encourage student and employee participa-
tion and involvement in both activity devel-
opment and implementation;
‘‘(iv) the objective criteria used to de-
termine the effectiveness of the methods
used in such programs and the means used
to evaluate and improve the program ef-
forts;
‘‘(v) a description of special initiatives
used to reduce high-risk behavior or in-
crease low risk behavior, or both; and
‘‘(vi) a description of coordination and
networking efforts that exist in the com-
munity in which the institution is located
for purposes of such programs.
‘‘(B) ELIGIBILITY CRITERIA.—All institu-
tions of higher education which are two- and
four-year colleges and universities that have es-
tablished a drug and alcohol prevention and
education program are eligible to apply for a
416
National Recognition Award. To receive such
an Award an institution of higher education
must be nominated to receive it. An institution
of higher education may nominate itself or be
nominated by others such as professional asso-
ciations or student organizations.
‘‘(C) APPLICATION
REVIEW.—The Sec-
retary of Education shall appoint a committee
to review applications submitted under subpara-
graph (A). The committee may include rep-
resentatives of Federal departments or agencies
whose programs include alcohol and drug abuse
prevention and education efforts, directors or
heads (or their representatives) of professional
associations that focus on prevention efforts,
and non-Federal scientists who have back-
grounds in social science evaluation and re-
search methodology and in education. Decisions
of the committee shall be made directly to the
Secretary without review by any other entity in
the Department of Education.
‘‘(D) REVIEW CRITERIA.—Specific review
criteria shall be developed by the Secretary in
conjunction with the appropriate experts. In re-
417
viewing applications under subparagraph (C)
the committee shall consider—
‘‘(i) measures of effectiveness of the
program of the applicant that should in-
clude changes in the campus alcohol and
other drug environment or climate and
changes in alcohol and other drug use be-
fore and after the initiation of the pro-
gram; and
‘‘(ii) measures of program institu-
tionalization, including an assessment of
needs of the institution, the institution’s
alcohol and drug policies, staff and faculty
development activities, drug prevention cri-
teria, student, faculty, and campus com-
munity involvement, and a continuation of
the program after the cessation of external
funding.
‘‘(3) AUTHORIZATION.—For the implementation
of the awards program under this subsection, there
are authorized to be appropriated $25,000 for fiscal
year 1998, $66,000 for each of the fiscal years 1999
and 2000, and $72,000 for each of the fiscal years
2001, 2002, 2003, and 2004.’’.
418
(b) REPEAL.—Section 4122 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7132) is re-
pealed.
TITLE 
XV—EQUAL 
OPPOR-
TUNITY 
FOR 
INDIVIDUALS
WITH 
LEARNING 
DISABIL-
ITIES
SEC. 1501. DEMONSTRATION PROJECTS ENSURING EQUAL
OPPORTUNITY 
FOR 
INDIVIDUALS 
WITH
LEARNING DISABILITIES.
Subpart 2 of part A of title IV, as amended by section
405, is further amended by adding at the end the follow-
ing:
‘‘CHAPTER 6—DEMONSTRATION PROJECTS EN-
SURING EQUAL OPPORTUNITY FOR INDIVID-
UALS WITH LEARNING DISABILITIES
‘‘SEC. 412A. PROGRAM AUTHORITY.
‘‘(a) IN GENERAL.—The Secretary may award grants
to, and enter into contracts and cooperative agreements
with, not more than 5 institutions of higher education that
are described in section 412B for demonstration projects
to develop, test, and disseminate, in accordance with sec-
tion 412C, methods, techniques, and procedures for ensur-
ing equal educational opportunity for individuals with
learning disabilities in postsecondary education.
419
‘‘(b) AWARD BASIS.—Grants, contracts, and coopera-
tive agreements shall be awarded on a competitive basis.
‘‘(c) AWARD PERIOD.—Grants, contracts, and coop-
erative agreements shall be awarded for a period of 3
years.
‘‘SEC. 412B. ELIGIBLE ENTITIES.
‘‘Entities eligible to apply for a grant, contract, or
cooperative agreement under this chapter are institutions
of higher education with demonstrated prior experience in
meeting the postsecondary educational needs of individ-
uals with learning disabilities.
‘‘SEC. 412C. REQUIRED ACTIVITIES.
‘‘A recipient of a grant, contract, or cooperative
agreement under this chapter shall use the funds received
under this chapter to carry out each of the following activi-
ties:
‘‘(1) Developing or identifying innovative, effec-
tive, and efficient approaches, strategies, supports,
modifications, adaptations, and accommodations that
enable individuals with learning disabilities to fully
participate in postsecondary education.
‘‘(2) Synthesizing research and other informa-
tion related to the provision of services to individuals
with learning disabilities in postsecondary education.
420
‘‘(3) Conducting training sessions for personnel
from other institutions of higher education to enable
them to meet the special needs of postsecondary stu-
dents with learning disabilities.
‘‘(4) Preparing and disseminating products
based upon the activities described in paragraphs (1)
through (3).
‘‘(5) Coordinating findings and products from
the activities described in paragraphs (1) through
(4) with other similar products and findings through
participation in conferences, groups, and profes-
sional networks involved in the dissemination of
technical assistance and information on postsecond-
ary education.
‘‘SEC. 412D. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this chapter $10,000,000 for each of the fiscal years 1999
through 2001.’’.
421
TITLE 
XVI—SENSE 
OF 
THE
HOUSE 
OF 
REPRESENTA-
TIVES 
REGARDING 
DETEC-
TION OF LEARNING DISABIL-
ITIES, 
PARTICULARLY 
DYS-
LEXIA, IN POSTSECONDARY
EDUCATION
SEC. 1601. SENSE OF THE HOUSE OF REPRESENTATIVES.
It is the sense of the House of Representatives that
colleges and universities receiving assistance under the
Higher Education Act of 1965 shall establish policies for
identifying students with learning disabilities, specifically
students with dyslexia, early during their postsecondary
educational training so they may have the ability to receive
higher education opportunities.
TITLE XVII—SPECIAL
PROVISION
SEC. 1701. TERMINATION OF EFFECTIVENESS.
Notwithstanding section 4 of the Act, subparagraph
(K) of section 485(g)(1) of the Higher Education Act of
422
1965, as amended by this Act, shall cease to be effective
on October 1, 1998.
Passed the House of Representatives May 6, 1998.
Attest:
Clerk.