H. R. 6—237
General at such time and in such manner as the Attorney
General shall prescribe.
(2) CONTENTS.—Each application submitted under para-
graph (1) shall—
(A) describe the need for grant funds and the plan
for implementation for any of the purposes described in
subsection (b);
(B) describe how the campus authorities shall consult
and coordinate with nonprofit and other victim services
programs, including sexual assault and domestic violence
victim services programs;
(C) describe the characteristics of the population being
served, including type of campus, demographics of the popu-
lation, and number of students;
(D) provide measurable goals and expected results from
the use of the grant funds;
(E) provide assurances that the Federal funds made
available under this section shall be used to supplement
and, to the extent practical, increase the level of funds
that would, in the absence of Federal funds, be made
available by the institution for the purposes described in
subsection (b); and
(F) include such other information and assurances as
the Attorney General reasonably determines to be nec-
essary.
(3) 
COMPLIANCE
WITH
CAMPUS
CRIME
REPORTING
REQUIRED.—No institution of higher education shall be eligible
for a grant under this section unless such institution is in
compliance with the requirements of section 485(f ) of the
Higher Education Act of 1965.
(d) GENERAL TERMS AND CONDITIONS.—
(1) NONMONETARY ASSISTANCE.—In addition to the assist-
ance provided under this section, the Attorney General may
request any Federal agency to use the agency’s authorities
and the resources granted to the agency under Federal law
(including personnel, equipment, supplies, facilities, and mana-
gerial, technical, and advisory services) in support of campus
security, and investigation and victim service efforts.
(2) GRANTEE REPORTING.—
(A) ANNUAL REPORT.—Each institution of higher edu-
cation receiving a grant under this section shall submit
an annual performance report to the Attorney General.
The Attorney General shall suspend funding under this
section for an institution of higher education if the institu-
tion fails to submit an annual performance report.
(B) FINAL
REPORT.—Upon completion of the grant
period under this section, the institution shall file a
performance report with the Attorney General and the
Secretary of Education explaining the activities carried
out under this section together with an assessment of the
effectiveness of those activities in achieving the purposes
described in subsection (b).
(3) REPORT TO CONGRESS.—Not later than 180 days after
the end of the fiscal year for which grants are awarded under
this section, the Attorney General shall submit to the commit-
tees of the House of Representatives and the Senate responsible
H. R. 6—238
for issues relating to higher education and crime, a report
that includes—
(A) the number of grants, and the amount of funds,
distributed under this section;
(B) a summary of the purposes for which the grants
were provided and an evaluation of the progress made
under the grant;
(C) a statistical summary of the persons served, detail-
ing the nature of victimization, and providing data on
age, sex, race, ethnicity, language, disability, relationship
to offender, geographic distribution, and type of campus;
and
(D) an evaluation of the effectiveness of programs
funded under this part, including information obtained
from reports submitted pursuant to section 485(f ) of the
Higher Education Act of 1965.
(4) REGULATIONS OR GUIDELINES.—Not later than 120 days
after the date of enactment of this section, the Attorney Gen-
eral, in consultation with the Secretary of Education, shall
publish proposed regulations or guidelines implementing this
section. Not later than 180 days after the date of enactment
of this section, the Attorney General shall publish final regula-
tions or guidelines implementing this section.
(f ) DEFINITIONS.—In this section—
(1) the term ‘‘domestic violence’’ includes acts or threats
of violence, not including acts of self defense, committed by
a current or former spouse of the victim, by a person with
whom the victim shares a child in common, by a person who
is cohabitating with or has cohabitated with the victim, by
a person similarly situated to a spouse of the victim under
the domestic or family violence laws of the jurisdiction, or
by any other person against a victim who is protected from
that person’s acts under the domestic or family violence laws
of the jurisdiction;
(2) the term ‘‘sexual assault’’ means any conduct proscribed
by chapter 109A of title 18, United States Code, whether or
not the conduct occurs in the special maritime and territorial
jurisdiction of the United States or in a Federal prison, includ-
ing both assaults committed by offenders who are strangers
to the victim and assaults committed by offenders who are
known or related by blood or marriage to the victim; and
(3) the term ‘‘victim services’’ means a nonprofit, non-
governmental organization that assists domestic violence or
sexual assault victims, including campus women’s centers, rape
crisis centers, battered women’s shelters, and other sexual
assault or domestic violence programs, including campus coun-
seling support and victim advocate organizations with domestic
violence, stalking, and sexual assault programs, whether or
not organized and staffed by students.
(g) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this part, there are authorized to be appropriated
$10,000,000 for fiscal year 1999 and such sums as may be necessary
for each of the 4 succeeding fiscal years.
H. R. 6—239
SEC. 827. STUDY OF INSTITUTIONAL PROCEDURES TO REPORT SEXUAL
ASSAULTS.
(a) IN GENERAL.—The Attorney General, in consultation with
the Secretary of Education, shall provide for a national study to
examine procedures undertaken after an institution of higher edu-
cation receives a report of sexual assault.
(b) REPORT.—The study required by subsection (a) shall include
an analysis of—
(1) the existence and publication of the institution of higher
education’s and State’s definition of sexual assault;
(2) the existence and publication of the institution’s policy
for campus sexual assaults;
(3) the individuals to whom reports of sexual assault are
given most often and—
(A) how the individuals are trained to respond to the
reports; and
(B) the extent to which the individuals are trained;
(4) the reporting options that are articulated to the victim
or victims of the sexual assault regarding—
(A) on-campus reporting and procedure options; and
(B) off-campus reporting and procedure options;
(5) the resources available for victims’ safety, support,
medical health, and confidentiality, including—
(A) how well the resources are articulated both specifi-
cally to the victim of sexual assault and generally to the
campus at large; and
(B) the security of the resources in terms of confiden-
tiality or reputation;
(6) policies and practices that may prevent or discourage
the reporting of campus sexual assaults to local crime authori-
ties, or that may otherwise obstruct justice or interfere with
the prosecution of perpetrators of campus sexual assaults;
(7) policies and practices found successful in aiding the
report and any ensuing investigation or prosecution of a campus
sexual assault;
(8) the on-campus procedures for investigation and dis-
ciplining the perpetrator of a sexual assault, including—
(A) the format for collecting evidence; and
(B) the format of the investigation and disciplinary
proceeding, including the faculty responsible for running
the disciplinary procedure and the persons allowed to
attend the disciplinary procedure; and
(9) types of punishment for offenders, including—
(A) whether the case is directed outside the institution
for further punishment; and
(B) how the institution punishes perpetrators.
(c) SUBMISSION OF REPORT.—The report required by subsection
(b) shall be submitted to Congress not later than September 1,
2000.
(d) DEFINITION.—For purposes of this section, the term ‘‘campus
sexual assaults’’ means sexual assaults occurring at institutions
of higher education and sexual assaults committed against or by
students or employees of such institutions.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $1,000,000 for fiscal
year 2000.
H. R. 6—240
PART F—IMPROVING UNITED STATES UNDER-
STANDING OF SCIENCE, ENGINEERING, AND
TECHNOLOGY IN EAST ASIA
SEC. 831. IMPROVING UNITED STATES UNDERSTANDING OF SCIENCE,
ENGINEERING, AND TECHNOLOGY IN EAST ASIA.
(a) ESTABLISHMENT.—The Director of the National Science
Foundation is authorized, beginning in fiscal year 2000, to carry
out an interdisciplinary program of education and research on East
Asian science, engineering, and technology. The Director shall carry
out the interdisciplinary program in consultation with the Secretary
of Education.
(b) PURPOSES.—The purposes of the program established under
this section shall be to—
(1) increase understanding of East Asian research, and
innovation for the creative application of science and technology
to the problems of society;
(2) provide scientists, engineers, technology managers, and
students with training in East Asian languages, and with an
understanding of research, technology, and management of
innovation, in East Asian countries;
(3) provide program participants with opportunities to be
directly involved in scientific and engineering research, and
activities related to the management of scientific and techno-
logical innovation, in East Asia; and
(4) create mechanisms for cooperation and partnerships
among United States industry, universities, colleges, not-for-
profit institutions, Federal laboratories (within the meaning
of section 4(6) of the Stevenson-Wydler Technology Innovation
Act of 1980 (15 U.S.C. 3703(6))), and government, to dissemi-
nate the results of the program assisted under this section
for the benefit of United States research and innovation.
(c) PARTICIPATION
BY FEDERAL SCIENTISTS, ENGINEERS, AND
MANAGERS.—Scientists, engineers, and managers of science and
engineering programs in Federal agencies and the Federal labora-
tories shall be eligible to participate in the program assisted under
this section on a reimbursable basis.
(d) REQUIREMENT FOR MERIT REVIEW.—Awards made under
the program established under this section shall only be made
using a competitive, merit-based review process.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for fiscal
year 2000.
PART G—OLYMPIC SCHOLARSHIPS
SEC. 836. EXTENSION OF AUTHORIZATION.
Section 1543(d) of the Higher Education Amendments of 1992
is amended by striking ‘‘1993’’ and inserting ‘‘1999’’.
PART H—UNDERGROUND RAILROAD
SEC. 841. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL
PROGRAM.
(a) PROGRAM ESTABLISHED.—The Secretary of Education, in
consultation and cooperation with the Secretary of the Interior,
H. R. 6—241
is authorized to make grants to 1 or more nonprofit educational
organizations that are established to research, display, interpret,
and collect artifacts relating to the history of the Underground
Railroad.
(b) GRANT AGREEMENT.—Each nonprofit educational organiza-
tion awarded a grant under this section shall enter into an agree-
ment with the Secretary of Education. Each such agreement shall
require the organization—
(1) to establish a facility to house, display, and interpret
the artifacts related to the history of the Underground Railroad,
and to make the interpretive efforts available to institutions
of higher education that award a baccalaureate or graduate
degree;
(2) to demonstrate substantial private support for the facil-
ity through the implementation of a public-private partnership
between a State or local public entity and a private entity
for the support of the facility, which private entity shall provide
matching funds for the support of the facility in an amount
equal to 4 times the amount of the contribution of the State
or local public entity, except that not more than 20 percent
of the matching funds may be provided by the Federal Govern-
ment;
(3) to create an endowment to fund any and all shortfalls
in the costs of the on-going operations of the facility;
(4) to establish a network of satellite centers throughout
the United States to help disseminate information regarding
the Underground Railroad throughout the United States, if
such satellite centers raise 80 percent of the funds required
to establish the satellite centers from non-Federal public and
private sources;
(5) to establish the capability to electronically link the
facility with other local and regional facilities that have collec-
tions and programs which interpret the history of the Under-
ground Railroad; and
(6) to submit, for each fiscal year for which the organization
receives funding under this section, a report to the Secretary
of Education that contains—
(A) a description of the programs and activities sup-
ported by the funding;
(B) the audited financial statement of the organization
for the preceding fiscal year;
(C) a plan for the programs and activities to be sup-
ported by the funding as the Secretary may require; and
(D) an evaluation of the programs and activities sup-
ported by the funding as the Secretary may require.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section $6,000,000 for fiscal
year 1999, $6,000,000 for fiscal year 2000, $6,000,000 for fiscal
year 2001, $3,000,000 for fiscal year 2002, and $3,000,000 for fiscal
year 2003.
H. R. 6—243
(e) MEETINGS.—The Commission shall meet at the call of the
Chairperson.
(f ) QUORUM.—A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) CHAIRPERSON
AND VICE CHAIRPERSON.—The Commission
shall select a chairperson and vice chairperson from among the
members of the Commission.
SEC. 853. DUTIES OF THE COMMISSION.
(a) STUDY.—
(1) IN GENERAL.—The Commission shall conduct a thorough
study to assess the educational software available in retail
markets for secondary and postsecondary students who choose
to use such software.
(2) PUBLIC
HEARINGS.—As part of the study conducted
under this subsection, the Commission shall hold public hear-
ings in each region of the United States concerning the assess-
ment referred to in paragraph (1).
(3) EXISTING INFORMATION.—To the extent practicable, in
carrying out the study under this subsection, the Commission
shall identify and use existing information related to the assess-
ment referred to in paragraph (1).
(b) REPORT.—Not later than 6 months after the first meeting
of the Commission, the Commission shall submit a report to the
President and Congress that shall contain a detailed statement
of the findings and conclusions of the Commission resulting from
the study, together with the Commission’s recommendations—
(1) for such legislation and administrative actions as the
Commission considers to be appropriate; and
(2) regarding the appropriate Federal role in determining
quality educational software products.
(c) FACILITATION OF EXCHANGE OF INFORMATION.—In carrying
out the study under subsection (a), the Commission shall, to the
extent practicable, facilitate the exchange of information concerning
the issues that are the subject of the study among—
(1) officials of the Federal Government, and State govern-
ments and political subdivisions of States; and
(2) educators from Federal, State, and local institutions
of higher education and secondary schools.
SEC. 854. POWERS OF THE COMMISSION.
(a) HEARINGS.—The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive
such evidence as the Commission considers advisable to carry out
the duties of the Commission.
(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission
may request from the head of any Federal agency or instrumentality
such information as the Commission considers necessary to carry
out the provisions of this part. 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.
(c) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
H. R. 6—244
(d) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
SEC. 855. COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Except as provided in sub-
section (b), each member of the Commission who is not an officer
or employee of the Federal Government shall serve without com-
pensation. All members of the Commission who are officers or
employees of the United States shall serve without compensation
in addition to that received for their services as officers or employees
of the United States.
(b) TRAVEL EXPENSES.—The members of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—
(1) IN GENERAL.—The Chairperson of the Commission may,
without regard to the civil service laws and regulations, appoint
and terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform the Commission’s duties. The employment of an execu-
tive director shall be subject to confirmation by the Commission.
(2) COMPENSATION.—The Chairperson of the Commission
may fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates, except that the rate of pay for the executive director
and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(e) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The Chairperson of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of such title.
SEC. 856. TERMINATION OF THE COMMISSION.
The Commission shall terminate on the date that is 90 days
after the date on which the Commission submits the Commission’s
report under section 853(b).
SEC. 857. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated
$450,000 for fiscal year 1999 to the Commission to carry out this
part.
(b) AVAILABILITY.—Any sums appropriated under the authoriza-
tion contained in this section shall remain available, without fiscal
year limitation, until expended.
H. R. 6—245
PART K—MISCELLANEOUS
SEC. 861. EDUCATION-WELFARE STUDY.
(a) STUDY.—The Comptroller General of the United States shall
conduct a study of the effectiveness of educational approaches
(including vocational and post-secondary education approaches) and
rapid employment approaches to helping welfare recipients and
other low-income adults become employed and economically self-
sufficient. Such study shall include—
(1) a survey of the available scientific evidence and research
data on the subject, including a comparison of the effects of
programs emphasizing a vocational or postsecondary edu-
cational approach to programs emphasizing a rapid employment
approach, along with research on the impacts of programs
which emphasize a combination of such approaches;
(2) an examination of the research regarding the impact
of postsecondary education on the educational attainment of
the children of recipients who have completed a postsecondary
education program; and
(3) information regarding short and long-term employment,
wages, duration of employment, poverty rates, sustainable eco-
nomic self-sufficiency, prospects for career advancement or wage
increases, access to quality child care, placement in employment
with benefits including health care, life insurance and retire-
ment, and related program outcomes.
(b) REPORT.—Not later than August 1, 1999, the Comptroller
General of the United States shall prepare and submit to the
Committees on Ways and Means and on Education and the
Workforce of the House of Representatives and the Committees
on Finance and on Labor and Human Resources of the Senate,
a report that contains the finding of the study required by sub-
section (a).
SEC. 862. RELEASE OF CONDITIONS, COVENANTS, AND REVERSIONARY
INTERESTS, GUAM COMMUNITY COLLEGE CONVEYANCE,
BARRIGADA, GUAM.
(a) RELEASE.—The Secretary of Education shall release all
conditions and covenants that were imposed by the United States,
and the reversionary interests that were retained by the United
States, as part of the conveyance of a parcel of Federal surplus
property located in Barrigada, Guam, consisting of approximately
314.28 acres and known as Naval Communications Area Master
Station, WESTPAC, parcel IN, which was conveyed to the Guam
Community College pursuant to—
(1) the quitclaim deed dated June 8, 1990, conveying 61.45
acres, between the Secretary, acting through the Administrator
for Management Services, and the Guam Community College,
acting through its Board of Trustees; and
(2) the quitclaim deed dated June 8, 1990, conveying 252.83
acres, between the Secretary, acting through the Administrator
for Management Services, and the Guam Community College,
acting through its Board of Trustees, and the Governor of
Guam.
(b) CONSIDERATION.—The Secretary shall execute the release
of the conditions, covenants, and reversionary interests under sub-
section (a) without consideration.
H. R. 6—246
(c) INSTRUMENT OF RELEASE.—The Secretary shall execute and
file in the appropriate office or offices a deed of release, amended
deed, or other appropriate instrument effectuating the release of
the conditions, covenants, and reversionary interests under sub-
section (a).
SEC. 863. SENSE OF CONGRESS REGARDING GOOD CHARACTER.
(a) FINDINGS.—Congress finds that—
(1) the future of our Nation and world will be determined
by the young people of today;
(2) record levels of youth crime, violence, teenage preg-
nancy, and substance abuse indicate a growing moral crisis
in our society;
(3) character development is the long-term process of help-
ing young people to know, care about, and act upon such
basic values as trustworthiness, respect for self and others,
responsibility, fairness, compassion, and citizenship;
(4) these values are universal, reaching across cultural
and religious differences;
(5) a recent poll found that 90 percent of Americans support
the teaching of core moral and civic values;
(6) parents will always be children’s primary character
educators;
(7) good moral character is developed best in the context
of the family;
(8) parents, community leaders, and school officials are
establishing successful partnerships across the Nation to imple-
ment character education programs;
(9) character education programs also ask parents, faculty,
and staff to serve as role models of core values, to provide
opportunities for young people to apply these values, and to
establish high academic standards that challenge students to
set high goals, work to achieve the goals, and persevere in
spite of difficulty;
(10) the development of virtue and moral character, those
habits of mind, heart, and spirit that help young people to
know, desire, and do what is right, has historically been a
primary mission of colleges and universities; and
(11) the Congress encourages parents, faculty, and staff
across the Nation to emphasize character development in the
home, in the community, in our schools, and in our colleges
and universities.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
Congress should support and encourage character building initia-
tives in schools across America and urge colleges and universities
to affirm that the development of character is one of the primary
goals of higher education.
SEC. 864. EDUCATIONAL MERCHANDISE LICENSING CODES OF CON-
DUCT.
It is the sense of Congress that all American colleges and
universities should adopt rigorous educational merchandise licens-
ing codes of conduct to assure that university and college licensed
merchandise is not made by sweatshop and exploited adult or
child labor either domestically or abroad, and that such codes
should include at least the following:
(1) Public reporting of the code and the companies adhering
to the code.
H. R. 6—247
(2) Independent monitoring of the companies adhering to
the code by entities not limited to major international account-
ing 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 retribution.
(6) An explicit requirement that companies maintain a
safe and healthy workplace.
TITLE IX—AMENDMENTS TO OTHER
LAWS
PART A—EXTENSION AND REVISION OF
INDIAN HIGHER EDUCATION PROGRAMS
SEC. 901. TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES.
(a) REAUTHORIZATION.—
(1) AMOUNT OF GRANTS.—Section 108(a)(2) of the Tribally
Controlled Community College Assistance Act of 1978 (25
U.S.C. 1808(a)(2)) is amended by striking ‘‘$5,820’’ and inserting
‘‘$6,000’’.
(2) AUTHORIZATION OF APPROPRIATIONS.—
(A) TITLE I.—Section 110(a) of the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C.
1810(a)) is amended—
(i) in paragraph (1), by striking ‘‘1993’’ and
inserting ‘‘1999’’;
(ii) in paragraph (2), by striking ‘‘$30,000,000 for
fiscal year 1993’’ and inserting ‘‘$40,000,000 for fiscal
year 1999’’;
(iii) in paragraph (3), by striking ‘‘1993’’ and
inserting ‘‘1999’’; and
(iv) in paragraph (4), by striking ‘‘1993’’ and
inserting ‘‘1999’’.
(B) TITLE III.—Section 306(a) of the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C.
1836(a)) is amended by striking ‘‘1993’’ and inserting
‘‘1999’’.
(C) TITLE
IV.—Section 403 of the Tribal Economic
Development and Technology Related Education Assistance
Act of 1990 (25 U.S.C. 1852) is amended by striking ‘‘1993’’
and inserting ‘‘1999’’.
(b) EXTENSION TO COLLEGES AND UNIVERSITIES.—The Tribally
Controlled Community College Assistance Act of 1978 (25 U.S.C.
1801 et seq.) is amended—
(1) in the first section (25 U.S.C. 1801 note), by striking
‘‘Community College’’ and inserting ‘‘College or University’’;
(2) in the heading for title I (25 U.S.C. 1802 et seq.),
by striking ‘‘COMMUNITY COLLEGES’’ and inserting ‘‘COL-
LEGES OR UNIVERSITIES’’;
(3) in the heading for title III (25 U.S.C. 1831 et seq.),
by striking ‘‘COMMUNITY COLLEGE’’ and inserting ‘‘COL-
LEGE OR UNIVERSITY’’;
H. R. 6—250
‘‘(II) to dismiss a child, except that, before
dismissing any child, the University shall give at
least 60 days written notice to the child’s parents
and to the local educational agency in which the
child resides, unless the dismissal involves a
suspension, expulsion, or other change in place-
ment covered under section 615(k).
‘‘(vi) Subsections (k) through (m).’’.
SEC. 913. 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) by striking ‘‘within 1 year after enactment of the Edu-
cation of the Deaf Act Amendments of 1992, a new’’ and insert-
ing ‘‘and periodically update, an’’; and
(2) by amending the second sentence to read as follows:
‘‘The Secretary or the University shall determine the necessity
for the periodic update described in the preceding sentence.’’.
SEC. 914. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE
FOR THE DEAF.
Paragraph (2) of section 112(a) of the Education of the Deaf
Act of 1986 (20 U.S.C. 4332(a)) is amended to read as follows:
‘‘(2) The Secretary and the institution of higher education with
which the Secretary has an agreement under this section—
‘‘(A) shall periodically assess the need for modification of
the agreement; and
‘‘(B) shall periodically update the agreement as determined
necessary by the Secretary or the institution.’’.
SEC. 915. 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’’ after ‘‘Virgin Islands,’’; and
(B) by striking ‘‘, and Palau (but only until the Compact
of Free Association with Palau takes effect)’’.
SEC. 916. GIFTS.
Subsection (b) of section 203 of the Education of the Deaf
Act of 1986 (20 U.S.C. 4353) is amended to read as follows:
‘‘(b) INDEPENDENT FINANCIAL AND COMPLIANCE AUDIT.—
‘‘(1) IN
GENERAL.—Gallaudet University shall have an
annual independent financial and compliance audit made of
the programs and activities of the University, including the
national mission and school operations of the elementary and
secondary education programs at Gallaudet. The institution
of higher education with which the Secretary has an agreement
under section 112 shall have an annual independent financial
and compliance audit made of the programs and activities
of such institution of higher education, including NTID, and
containing specific schedules and analyses for all NTID funds,
as determined by the Secretary.
‘‘(2) COMPLIANCE.—As used in paragraph (1), compliance
means compliance with sections 102(b), 105(b)(4), 112(b)(5),
H. R. 6—251
and 203(c), paragraphs (2) and (3) of section 207(b), subsections
(b)(2), (b)(3), and (c) through (f ), of section 207, and subsections
(b) and (c) of section 210.
‘‘(3) SUBMISSION OF AUDITS.—A copy of each audit described
in paragraph (1) shall be provided to the Secretary within
15 days of acceptance of the audit by the University or the
institution authorized to establish and operate the NTID under
section 112(a), as the case may be, but not later than January
10 of each year.’’.
SEC. 917. REPORTS.
Section 204(3) of the Education of the Deaf Act of 1986 (20
U.S.C. 4354(3)) is amended—
(1) in subparagraph (A), by striking ‘‘The annual’’ and
inserting ‘‘A summary of the annual’’; and
(2) in subparagraph (B), by striking ‘‘the annual’’ and
inserting ‘‘a summary of the annual’’.
SEC. 918. 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 ‘‘1998 through 2003’’.
SEC. 919. FEDERAL ENDOWMENT PROGRAMS.
Section 207 of the Education of the Deaf Act of 1986 (20
U.S.C. 4357) is amended—
(1) in subsection (b)—
(A) by amending paragraph (2) to read as follows:
‘‘(2) Subject to the availability of appropriations, 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 avail-
able (excluding transfers from other endowment funds of the institu-
tion involved).’’; and
(B) by striking paragraph (3);
(2) in subsection (c)(1), by inserting ‘‘the Federal contribu-
tion of’’ after ‘‘shall invest’’;
(3) in subsection (d)—
(A) in paragraph (2)(C), by striking ‘‘Beginning on
October 1, 1992, the’’ and inserting ‘‘The’’; and
(B) in paragraph (3)(A), by striking ‘‘prior’’ and
inserting ‘‘current’’; and
(4) in subsection (h)—
(A) in paragraph (1), by striking ‘‘1993 through 1997’’
and inserting ‘‘1998 through 2003’’; and
(B) in paragraph (2), by striking ‘‘1993 through 1997’’
and inserting ‘‘1998 through 2003’’.
SEC. 920. SCHOLARSHIP PROGRAM.
Section 208 of the Education of the Deaf Act of 1986 (20
U.S.C. 4358) is repealed.
SEC. 921. 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
H. R. 6—252
(2) by redesignating such section as section 208.
SEC. 922. INTERNATIONAL STUDENTS.
(a) AMENDMENT.—Section 210 of the Education of the Deaf
Act of 1986 (20 U.S.C. 4359a) is amended—
(1) in subsection (a)—
(A) by striking ‘‘10 percent’’ and inserting ‘‘15 percent’’;
and
(B) by inserting before the period the following: ‘‘,
except that in any school year no United States citizen
who is qualified to be admitted to the University or NTID
and applies for admission to the University or NTID shall
be denied admission because of the admission of an inter-
national student’’; and
(2) in subsection (b), by striking ‘‘surcharge of 75 percent
for the academic year 1993–1994 and 90 percent beginning
with the academic year 1994–1995’’ and inserting ‘‘surcharge
of 100 percent for the academic year 1999–2000 and any
succeeding academic year’’.
(b) CONFORMING AMENDMENT.—Section 210 of such Act (20
U.S.C. 4359a) is amended by redesignating such section as section
209.
SEC. 923. RESEARCH PRIORITIES.
Title II of the Education of the Deaf Act of 1986 is amended
by striking section 211 (20 U.S.C. 4360) and inserting the following:
‘‘SEC. 210. RESEARCH PRIORITIES.
‘‘(a) RESEARCH
PRIORITIES.—Gallaudet University and the
National Technical Institute for the Deaf shall each establish and
disseminate priorities for their national mission with respect to
deafness related research, development, and demonstration activi-
ties, that reflect public input, through a process that includes
consumers, constituent groups, and the heads of other federally
funded programs. The priorities for the University shall include
activities conducted as part of the University’s elementary and
secondary education programs under section 104.
‘‘(b) RESEARCH REPORTS.—The University and NTID shall each
prepare and submit an annual research report, to the Secretary,
the Committee on Education and the Workforce of the House of
Representatives, and the Committee on Labor and Human
Resources of the Senate, not later than January 10 of each year,
that shall include—
‘‘(1) a summary of the public input received as part of
the establishment and dissemination of priorities required by
subsection (a), and the University’s and NTID’s response to
the input; and
‘‘(2) a summary description of the research undertaken
by the University and NTID, the start and projected end dates
for each research project, the projected cost and source or
sources of funding for each project, and any products resulting
from research completed in the prior fiscal year.’’.
SEC. 924. NATIONAL STUDY ON THE EDUCATION OF THE DEAF.
The Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
seq.) is amended by adding after section 210 (as inserted by section
923) the following:
H. R. 6—253
‘‘SEC. 211. NATIONAL STUDY ON THE EDUCATION OF THE DEAF.
‘‘(a) CONDUCT OF STUDY.—
‘‘(1) IN GENERAL.—The Secretary shall conduct a national
study on the education of the deaf, to identify education-related
barriers to successful postsecondary education experiences and
employment for individuals who are deaf, and those education-
related factors that contribute to successful postsecondary edu-
cation experiences and employment for individuals who are
deaf.
‘‘(2) DEFINITION.—In this section the term ‘deaf’, when used
with respect to an individual, means an individual with a
hearing impairment, including an individual who is hard of
hearing, an individual deafened later in life, and an individual
who is profoundly deaf.
‘‘(b) PUBLIC INPUT AND CONSULTATION.—
‘‘(1) IN GENERAL.—In conducting such study, the Secretary
shall obtain input from the public. To obtain such input, the
Secretary shall—
‘‘(A) publish a notice with an opportunity for comment
in the Federal Register;
‘‘(B) consult with individuals and organizations rep-
resenting a wide range of perspectives on deafness-related
issues, including organizations representing individuals
who are deaf, parents of children who are deaf, educators,
and researchers; and
‘‘(C) take such other action as the Secretary deems
appropriate, which may include holding public meetings.
‘‘(2) STRUCTURED
OPPORTUNITIES.—The Secretary shall
provide structured opportunities to receive and respond to the
viewpoints of the individuals and organizations described in
paragraph (1)(B).
‘‘(c) REPORT.—The Secretary shall report to Congress not later
than 18 months after the date of enactment of the Education
of the Deaf Amendments of 1998 regarding the results of the
study. The report shall contain—
‘‘(1) recommendations, including recommendations for
legislation, that the Secretary deems appropriate; and
‘‘(2) a detailed summary of the input received under sub-
section (b) and the ways in which the report addresses such
input.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $1,000,000 for each of the fiscal years 1999
and 2000 to carry out the provisions of this section.’’.
SEC. 925. AUTHORIZATION OF APPROPRIATIONS.
Title II of the Education of the Deaf Act of 1986 (20 U.S.C.
4351 et seq.) is amended by adding after section 211 (as inserted
by section 924) the following:
‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) GALLAUDET UNIVERSITY.—There are authorized to be appro-
priated such sums as may be necessary for each of the fiscal
years 1998 through 2003 to carry out the provisions of title I
and this title, relating to—
‘‘(1) Gallaudet University;
‘‘(2) Kendall Demonstration Elementary School; and
‘‘(3) the Model Secondary School for the Deaf.
H. R. 6—254
‘‘(b) NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.—There
are authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1998 through 2003 to carry out the
provisions of title I and this title relating to the National Technical
Institute for the Deaf.’’.
PART C—UNITED STATES INSTITUTE OF
PEACE
SEC. 931. AUTHORITIES OF THE UNITED STATES INSTITUTE OF PEACE.
The United States Institute of Peace Act (22 U.S.C. 4601 et
seq.) is amended—
(1) in section 1705 (22 U.S.C. 4604)—
(A) in subsection (f ), by inserting ‘‘personal service
and other’’ after ‘‘may enter into’’; and
(B) in subsection (o), by inserting after ‘‘Services’’ the
following: ‘‘and use all sources of supply and services of
the General Services Administration’’;
(2) in section 1710(a)(1) (22 U.S.C. 4609(a)(1))—
(A) by striking ‘‘1993’’ and inserting ‘‘1999’’; and
(B) by striking ‘‘6’’ and inserting ‘‘4’’; and
(3) in the second and third sentences of section 1712 (22
U.S.C. 4611), by striking ‘‘shall’’ each place the term appears
and inserting ‘‘may’’.
PART D—VOLUNTARY RETIREMENT
INCENTIVE PLANS
SEC. 941. VOLUNTARY RETIREMENT INCENTIVE PLANS.
(a) IN GENERAL.—Section 4 of the Age Discrimination 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 101
of the Higher Education Act of 1965) offers employees who are
serving under a contract of unlimited tenure (or similar arrange-
ment 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 supplemental benefits, except as permitted
by other provisions of this Act;
‘‘(2) such supplemental benefits are in addition to any
retirement or severance benefits which have been offered gen-
erally 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 satis-
fies all non-age-based conditions for receiving 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
H. R. 6—255
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 sub-
section (a) shall affect the application of section 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 section 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 edu-
cation (as defined in section 101 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 Discrimination in Employment Act of 1967 prior to
the date of enactment of this Act.
PART E—GENERAL EDUCATION PROVISIONS
ACT AMENDMENT
SEC. 951. AMENDMENT TO FAMILY EDUCATIONAL RIGHTS AND PRI-
VACY ACT OF 1974
Section 444(b) of the General Education Provisions Act (20
U.S.C. 1232g(b)), also known as the Family Educational Rights
and Privacy Act of 1974, is amended—
(1) in paragraph (1), by amending subparagraph (C) to
read as follows:
‘‘(C)(i) authorized representatives of (I) the Comptroller
General of the United States, (II) the Secretary, or (III) State
educational authorities, under the conditions set forth in para-
graph (3), or (ii) authorized representatives of the Attorney
General for law enforcement purposes under the same condi-
tions as apply to the Secretary under paragraph (3);’’; and
(2) in paragraph (6)—
(A) by inserting ‘‘(A)’’ after ‘‘(6)’’;
(B) in subparagraph (A), as designated by subpara-
graph (A) of this paragraph—
(i) by striking ‘‘the results’’ and inserting ‘‘or a
nonforcible sex offense, the final results’’; and
(ii) by striking ‘‘such crime’’ each place the term
appears and inserting ‘‘such crime or offense’’; and
(C) adding at the end thereof the following:
‘‘(B) Nothing in this section shall be construed to prohibit
an institution of postsecondary education from disclosing the final
results of any disciplinary proceeding conducted by such institution
against a student who is an alleged perpetrator of any crime of
violence (as that term is defined in section 16 of title 18, United
H. R. 6—256
States Code), or a nonforcible sex offense, if the institution deter-
mines as a result of that disciplinary proceeding that the student
committed a violation of the institution’s rules or policies with
respect to such crime or offense.
‘‘(C) For the purpose of this paragraph, the final results of
any disciplinary proceeding—
‘‘(i) shall include only the name of the student, the violation
committed, and any sanction imposed by the institution on
that student; and
‘‘(ii) may include the name of any other student, such
as a victim or witness, only with the written consent of that
other student.’’.
SEC. 952. ALCOHOL OR DRUG POSSESSION DISCLOSURE.
Section 444 of the General Education Provisions Act (20 U.S.C.
1232g) is amended by adding at the end the following:
‘‘(i) DRUG AND ALCOHOL VIOLATION DISCLOSURES.—
‘‘(1) IN GENERAL.—Nothing in this Act or the Higher Edu-
cation Act of 1965 shall be construed to prohibit an institution
of higher education from disclosing, to a parent or legal guard-
ian of a student, information regarding any violation of any
Federal, State, or local law, or of any rule or policy of the
institution, governing the use or possession of alcohol or a
controlled substance, regardless of whether that information
is contained in the student’s education records, if—
‘‘(A) the student is under the age of 21; and
‘‘(B) the institution determines that the student has
committed a disciplinary violation with respect to such
use or possession.
‘‘(2) STATE LAW REGARDING DISCLOSURE.—Nothing in para-
graph (1) shall be construed to supersede any provision of
State law that prohibits an institution of higher education
from making the disclosure described in subsection (a).’’.
PART F—LIAISON FOR PROPRIETARY
INSTITUTIONS OF HIGHER EDUCATION
SEC. 961. LIAISON FOR PROPRIETARY INSTITUTIONS OF HIGHER EDU-
CATION.
Title II of the Department of Education Organization Act (20
U.S.C. 3411 et seq.) is amended by adding at the end the following:
‘‘SEC. 219. LIAISON FOR PROPRIETARY INSTITUTIONS OF HIGHER EDU-
CATION.
‘‘(a) ESTABLISHMENT.—There shall be in the Department a Liai-
son for Proprietary Institutions of Higher Education, who shall
be an officer of the Department appointed by the Secretary.
‘‘(b) APPOINTMENT.—The Secretary shall appoint, not later than
6 months after the date of enactment of the Higher Education
Amendments of 1998 a Liaison for Proprietary Institutions of
Higher Education who shall be a person who—
‘‘(1) has attained a certificate or degree from a proprietary
institution of higher education; or
‘‘(2) has been employed in a proprietary institution setting
for not less than 5 years.
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‘‘(c) DUTIES.—The Liaison for Proprietary Institutions of Higher
Education shall—
‘‘(1) serve as the principal advisor to the Secretary on
matters affecting proprietary institutions of higher education;
‘‘(2) provide guidance to programs within the Department
that involve functions affecting proprietary institutions of
higher education; and
‘‘(3) work with the Federal Interagency Committee on Edu-
cation to improve the coordination of—
‘‘(A) the outreach programs in the numerous Federal
departments and agencies that administer education and
job training programs;
‘‘(B) collaborative business and education partnerships;
and
‘‘(C) education programs located in, and involving, rural
areas.’’.
PART G—AMENDMENTS TO OTHER STATUTES
SEC. 971. NONDISCHAREABILITY OF CERTAIN CLAIMS FOR EDU-
CATIONAL BENEFITS PROVIDED TO OBTAIN HIGHER
EDUCATION.
(a) AMENDMENT.—Section 523(a)(8) of title 11, United States
Code, is amended by striking ‘‘unless—’’ and all that follows through
‘‘(B) excepting such debt’’ and inserting ‘‘unless excepting such
debt’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply only with respect to cases commenced under title 11,
United States Code, after the date of enactment of this Act.
SEC. 972. GNMA GUARANTEE FEE.
(a) IN GENERAL.—Section 306(g)(3)(A) of the National Housing
Act (12 U.S.C. 1721(g)(3)(A)) is amended by striking ‘‘No fee or
charge’’ and all that follows through ‘‘States)’’ and inserting ‘‘The
Association shall assess and collect a fee in an amount equal to
nine basis points’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall take effect on October 1, 2004.
H. R. 6—258
PART H—REPEALS
SEC. 981. REPEALS.
Section 4122 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7132) is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.