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‘‘(10) Nothing in this section shall be construed to require
the reporting or disclosure of privileged information.
‘‘(11) The Secretary shall report to the appropriate committees
of Congress each institution of higher education that the Secretary
determines is not in compliance with the reporting requirements
of this subsection.
‘‘(12) For purposes of reporting the statistics with respect to
crimes described in paragraph (1)(F), an institution of higher edu-
cation shall distinguish, by means of separate categories, any crimi-
nal offenses that occur—
‘‘(A) on campus;
‘‘(B) in or on a noncampus building or property;
‘‘(C) on public property; and
‘‘(D) in dormitories or other residential facilities for stu-
dents on campus.
‘‘(13) Upon a determination pursuant to section 487(c)(3)(B)
that an institution of higher education has substantially misrepre-
sented the number, location, or nature of the crimes required to
be reported under this subsection, the Secretary shall impose a
civil penalty upon the institution in the same amount and pursuant
to the same procedures as a civil penalty is imposed under section
487(c)(3)(B).
‘‘(14)(A) Nothing in this subsection may be construed to—
‘‘(i) create a cause of action against any institution of
higher education or any employee of such an institution for
any civil liability; or
‘‘(ii) establish any standard of care.
‘‘(B) Notwithstanding any other provision of law, evidence
regarding compliance or noncompliance with this subsection shall
not be admissible as evidence in any proceeding of any court,
agency, board, or other entity, except with respect to an action
to enforce this subsection.
‘‘(15) This subsection may be cited as the ‘Jeanne Clery Disclo-
sure of Campus Security Policy and Campus Crime Statistics Act’.’’.
(f ) DATA REQUIRED.—Section 485(g) is amended—
(1) in paragraph (1), by adding at the end the following:
‘‘(I)(i) The total revenues, and the revenues from foot-
ball, men’s basketball, women’s basketball, all other men’s
sports combined and all other women’s sports combined,
derived by the institution from the institution’s intercolle-
giate athletics activities.
‘‘(ii) For the purpose of clause (i), revenues from inter-
collegiate athletics activities allocable to a sport shall
include (without limitation) gate receipts, broadcast reve-
nues, appearance guarantees and options, concessions, and
advertising, but revenues such as student activities fees
or alumni contributions not so allocable shall be included
in the calculation of total revenues only.
‘‘(J)(i) The total expenses, and the expenses attrib-
utable to football, men’s basketball, women’s basketball,
all other men’s sports combined, and all other women’s
sports combined, made by the institution for the institu-
tion’s intercollegiate athletics activities.
‘‘(ii) For the purpose of clause (i), expenses for inter-
collegiate athletics activities allocable to a sport shall
include (without limitation) grants-in-aid, salaries, travel,
equipment, and supplies, but expenses such as general
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and administrative overhead not so allocable shall be
included in the calculation of total expenses only.’’; and
(2) by striking paragraph (5);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following:
‘‘(4) SUBMISSION; REPORT; INFORMATION AVAILABILITY.—(A)
On an annual basis, each institution of higher education
described in paragraph (1) shall provide to the Secretary, within
15 days of the date that the institution makes available the
report under paragraph (1), the information contained in the
report.
‘‘(B) The Secretary shall prepare a report regarding the
information received under subparagraph (A) and submit such
report to the Committee on Education and the Workforce of
the House of Representatives and the Committee on Labor
and Human Resources of the Senate by April 1, 2000. The
report shall—
‘‘(i) summarize the information and identify trends in
the information;
‘‘(ii) aggregate the information by divisions of the
National Collegiate Athletic Association; and
‘‘(iii) contain information on each individual institution
of higher education.
‘‘(C) The Secretary shall ensure that the reports described
in subparagraph (A) and the report to Congress described in
subparagraph (B) are made available to the public within a
reasonable period of time.
‘‘(D) Not later than 180 days after the date of enactment
of the Higher Education Amendments of 1998, the Secretary
shall notify all secondary schools in all States regarding the
availability of the information reported under subparagraph
(B) and the information made available under paragraph (1),
and how such information may be accessed.’’.
SEC. 487. NATIONAL STUDENT LOAN DATA SYSTEM.
Section 485B(a) (20 U.S.C. 1092b(a)) is amended by inserting
before the period at the end of the third sentence the following:
‘‘not later than one year after the date of enactment of the Higher
Education Amendments of 1998’’.
SEC. 488. DISTANCE EDUCATION DEMONSTRATION PROGRAMS.
Section 486 (20 U.S.C. 1083) is amended to read as follows:
‘‘SEC. 486. DISTANCE EDUCATION DEMONSTRATION PROGRAMS.
‘‘(a) PURPOSE.—It is the purpose of this section—
‘‘(1) to allow demonstration programs that are strictly mon-
itored by the Department of Education to test the quality
and viability of expanded distance education programs cur-
rently restricted under this Act;
‘‘(2) to provide for increased student access to higher edu-
cation through distance education programs; and
‘‘(3) to help determine—
‘‘(A) the most effective means of delivering quality edu-
cation via distance education course offerings;
‘‘(B) the specific statutory and regulatory requirements
which should be altered to provide greater access to high
quality distance education programs; and
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‘‘(C) the appropriate level of Federal assistance for
students enrolled in distance education programs.
‘‘(b) DEMONSTRATION PROGRAMS AUTHORIZED.—
‘‘(1) IN
GENERAL.—In accordance with the provisions of
subsection (d), the Secretary is authorized to select institutions
of higher education, systems of such institutions, or consortia
of such institutions for voluntary participation in a Distance
Education Demonstration Program that provides participating
institutions with the ability to offer distance education pro-
grams that do not meet all or a portion of the sections or
regulations described in paragraph (2).
‘‘(2) WAIVERS.—The Secretary is authorized to waive for
any institution of higher education, system of institutions of
higher education, or consortium participating in a Distance
Education Demonstration Program, the requirements of section
472(5) as the section relates to computer costs, sections 481(a)
and 481(b) as such sections relate to requirements for a mini-
mum number of weeks of instruction, sections 102(a)(3)(A),
102(a)(3)(B), and 484(l)(1), or one or more of the regulations
prescribed under this part or part F which inhibit the operation
of quality distance education programs.
‘‘(3) ELIGIBLE APPLICANTS.—
‘‘(A) ELIGIBLE
INSTITUTIONS.—Except as provided in
subparagraphs (B), (C), and (D), only an institution of
higher education that is eligible to participate in programs
under this title shall be eligible to participate in the dem-
onstration program authorized under this section.
‘‘(B) PROHIBITION.—An institution of higher education
described in section 102(a)(1)(C) shall not be eligible to
participate in the demonstration program authorized under
this section.
‘‘(C) SPECIAL RULE.—Subject to subparagraph (B), an
institution of higher education that meets the requirements
of subsection (a) of section 102, other than the requirement
of paragraph (3)(A) or (3)(B) of such subsection, and that
provides a 2-year or 4-year program of instruction for which
the institution awards an associate or baccalaureate degree,
shall be eligible to participate in the demonstration pro-
gram authorized under this section.
‘‘(D) REQUIREMENT.—Notwithstanding any other provi-
sion of this paragraph, Western Governors University shall
be considered eligible to participate in the demonstration
program authorized under this section. In addition to the
waivers described in paragraph (2), the Secretary may
waive the provisions of title I and parts G and H of this
title for such university that the Secretary determines to
be appropriate because of the unique characteristics of
such university. In carrying out the preceding sentence,
the Secretary shall ensure that adequate program integrity
and accountability measures apply to such university’s
participation in the demonstration program authorized
under this section.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—Each institution, system, or consortium
of institutions desiring to participate in a demonstration pro-
gram under this section shall submit an application to the
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Secretary at such time and in such manner as the Secretary
may require.
‘‘(2) CONTENTS.—Each application shall include—
‘‘(A) a description of the institution, system, or consor-
tium’s consultation with a recognized accrediting agency
or association with respect to quality assurances for the
distance education programs to be offered;
‘‘(B) a description of the statutory and regulatory
requirements described in subsection (b)(2) or, if applicable,
subsection (b)(3)(D) for which a waiver is sought and the
reasons for which the waiver is sought;
‘‘(C) a description of the distance education programs
to be offered;
‘‘(D) a description of the students to whom distance
education programs will be offered;
‘‘(E) an assurance that the institution, system, or
consortium will offer full cooperation with the ongoing
evaluations of the demonstration program provided for in
this section; and
‘‘(F) such other information as the Secretary may
require.
‘‘(d) SELECTION.—
‘‘(1) IN GENERAL.—For the first year of the demonstration
program authorized under this section, the Secretary is author-
ized to select for participation in the program not more than
15 institutions, systems of institutions, or consortia of institu-
tions. For the third year of the demonstration program author-
ized under this section, the Secretary may select not more
than 35 institutions, systems, or consortia, in addition to the
institutions, systems, or consortia selected pursuant to the
preceding sentence, to participate in the demonstration program
if the Secretary determines that such expansion is warranted
based on the evaluations conducted in accordance with sub-
sections (f ) and (g).
‘‘(2) CONSIDERATIONS.—In selecting institutions to partici-
pate in the demonstration program in the first or succeeding
years of the program, the Secretary shall take into account—
‘‘(A) the number and quality of applications received;
‘‘(B) the Department’s capacity to oversee and monitor
each institution’s participation;
‘‘(C) an institution’s—
‘‘(i) financial responsibility;
‘‘(ii) administrative capability; and
‘‘(iii) program or programs being offered via dis-
tance education; and
‘‘(D) ensuring the participation of a diverse group of
institutions with respect to size, mission, and geographic
distribution.
‘‘(e) NOTIFICATION.—The Secretary shall make available to the
public and to the Committee on Labor and Human Resources of
the Senate and the Committee on Education and the Workforce
of the House of Representatives a list of institutions, systems or
consortia selected to participate in the demonstration program
authorized by this section. Such notice shall include a listing of
the specific statutory and regulatory requirements being waived
for each institution, system or consortium and a description of
the distance education courses to be offered.
H. R. 6—169
‘‘(f ) EVALUATIONS AND REPORTS.—
‘‘(1) EVALUATION.—The Secretary shall evaluate the dem-
onstration programs authorized under this section on an annual
basis. Such evaluations specifically shall review—
‘‘(A) the extent to which the institution, system or
consortium has met the goals set forth in its application
to the Secretary, including the measures of program quality
assurance;
‘‘(B) the number and types of students participating
in the programs offered, including the progress of partici-
pating students toward recognized certificates or degrees
and the extent to which participation in such programs
increased;
‘‘(C) issues related to student financial assistance for
distance education;
‘‘(D) effective technologies for delivering distance edu-
cation course offerings; and
‘‘(E) the extent to which statutory or regulatory
requirements not waived under the demonstration program
present difficulties for students or institutions.
‘‘(2) POLICY ANALYSIS.—The Secretary shall review current
policies and identify those policies that present impediments
to the development and use of distance education and other
nontraditional methods of expanding access to education.
‘‘(3) REPORTS.—
‘‘(A) IN GENERAL.—Within 18 months of the initiation
of the demonstration program, the Secretary shall report
to the Committee on Labor and Human Resources of the
Senate and the Committee on Education and the Workforce
of the House of Representatives with respect to—
‘‘(i) the evaluations of the demonstration programs
authorized under this section; and
‘‘(ii) any proposed statutory changes designed to
enhance the use of distance education.
‘‘(B) ADDITIONAL REPORTS.—The Secretary shall pro-
vide additional reports to the Committee on Labor and
Human Resources of the Senate and the Committee on
Education and the Workforce of the House of Representa-
tives on an annual basis regarding—
‘‘(i) the demonstration programs authorized under
this section; and
‘‘(ii) the number and types of students receiving
assistance under this title for instruction leading to
a recognized certificate, as provided for in section
484(l)(1), including the progress of such students
toward recognized certificates and the degree to which
participation in such programs leading to such certifi-
cates increased.
‘‘(g) OVERSIGHT.—In conducting the demonstration program
authorized under this section, the Secretary shall, on a continuing
basis—
‘‘(1) assure compliance of institutions, systems or consortia
with the requirements of this title (other than the sections
and regulations that are waived under subsections (b)(2) and
(b)(3)(D));
‘‘(2) provide technical assistance;
H. R. 6—170
‘‘(3) monitor fluctuations in the student population enrolled
in the participating institutions, systems or consortia; and
‘‘(4) consult with appropriate accrediting agencies or
associations and appropriate State regulatory authorities.
‘‘(h) DEFINITION.—For the purpose of this section, the term
‘distance education’ means an educational process that is character-
ized by the separation, in time or place, between instructor and
student. Such term may include courses offered principally through
the use of—
‘‘(1) television, audio, or computer transmission, such as
open broadcast, closed circuit, cable, microwave, or satellite
transmission;
‘‘(2) audio or computer conferencing;
‘‘(3) video cassettes or discs; or
‘‘(4) correspondence.’’.
SEC. 489. PROGRAM PARTICIPATION AGREEMENTS.
(a) REQUIRED CONTENT.—Section 487(a) (20 U.S.C. 1094(a))
is amended—
(1) in paragraph (3)—
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively;
(2) in paragraph (4), by striking ‘‘subsection (b)’’ and
inserting ‘‘subsection (c)’’;
(3) in paragraph (9), by striking ‘‘part B’’ and inserting
‘‘part B or D’’;
(4) in paragraph (14)—
(A) in subparagraph (A), by striking ‘‘part B’’ and
inserting ‘‘part B or D’’; and
(B) in subparagraph (B), by striking ‘‘part B’’ and
inserting ‘‘part B or D’’; and
(C) by adding at the end the following:
‘‘(C) This paragraph shall not apply in the case of an
institution in which (i) neither the parent nor the subordinate
institution has a cohort default rate in excess of 10 percent,
and (ii) the new owner of such parent or subordinate institution
does not, and has not, owned any other institution with a
cohort default rate in excess of 10 percent.’’;
(5) in paragraph (15), by striking ‘‘State review entities’’
and inserting ‘‘the State agencies’’;
(6) by amending paragraph (18) to read as follows:
‘‘(18) The institution will meet the requirements established
pursuant to section 485(g).’’; and
(7) by amending paragraph (21) to read as follows:
‘‘(21) The institution will meet the requirements established
by the Secretary and accrediting agencies or associations, and
will provide evidence to the Secretary that the institution has
the authority to operate within a State.’’.
(b) PROVISION OF VOTER REGISTRATION FORMS.—
(1) PROGRAM PARTICIPATION REQUIREMENT.—Section 487(a)
(20 U.S.C. 1094(a)) is amended by adding at the end the
following:
‘‘(23)(A) The institution, if located in a State to which
section 4(b) of the National Voter Registration Act (42 U.S.C.
1973gg–2(b)) does not apply, will make a good faith effort
to distribute a mail voter registration form, requested and
H. R. 6—171
received from the State, to each student enrolled in a degree
or certificate program and physically in attendance at the
institution, and to make such forms widely available to students
at the institution.
‘‘(B) The institution shall request the forms from the State
120 days prior to the deadline for registering to vote within
the State. If an institution has not received a sufficient quantity
of forms to fulfill this section from the State within 60 days
prior to the deadline for registering to vote in the State, the
institution shall not be held liable for not meeting the require-
ments of this section during that election year.
‘‘(C) This paragraph shall apply to elections as defined
in section 301(1) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(1)), and includes the election for Governor
or other chief executive within such State).’’.
(2) REGULATION PROHIBITED.—No officer of the executive
branch is authorized to instruct the institution in the manner
in which the amendment made by this subsection is carried
out.
(c) AUDITS; FINANCIAL
RESPONSIBILITY.—Section 487(c) is
amended—
(1) in paragraph (1)(A)—
(A) in clause (i)—
(i) by striking ‘‘clause (ii)’’ and inserting ‘‘clauses
(ii) and (iii)’’;
(ii) by striking ‘‘State review entities referred to
in’’ and inserting ‘‘appropriate State agency notifying
the Secretary under’’; and
(iii) by striking ‘‘or’’ after the semicolon;
(B) in clause (ii), by inserting ‘‘or’’ after the semicolon;
and
(C) by adding at the end the following:
‘‘(iii) at the discretion of the Secretary, with regard to
an eligible institution (other than an eligible institution
described in section 102(a)(1)(C)) that has obtained less than
$200,000 in funds under this title during each of the 2 award
years that precede the audit period and submits a letter of
credit payable to the Secretary equal to not less than 1⁄2 of
the annual potential liabilities of such institution as determined
by the Secretary, deeming an audit conducted every 3 years
to satisfy the requirements of clause (i), except for the award
year immediately preceding renewal of the institution’s eligi-
bility under section 498(g);’’;
(2) in paragraph (4), by striking ‘‘, after consultation with
each State review entity designated under subpart 1 of part
H,’’; and
(3) in paragraph (5), by striking ‘‘State review entities
designated’’ and inserting ‘‘State agencies notifying the Sec-
retary’’.
SEC. 490. REGULATORY RELIEF AND IMPROVEMENT.
Section 487A (20 U.S.C. 1094a) is amended to read as follows:
‘‘SEC. 487A. REGULATORY RELIEF AND IMPROVEMENT.
‘‘(a) QUALITY ASSURANCE PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary is authorized to select
institutions for voluntary participation in a Quality Assurance
H. R. 6—172
Program that provides participating institutions with an alter-
native management approach through which individual schools
develop and implement their own comprehensive systems,
related to processing and disbursement of student financial
aid, verification of student financial aid application data, and
entrance and exit interviews, thereby enhancing program integ-
rity within the student aid delivery system.
‘‘(2) CRITERIA AND CONSIDERATION.—The Quality Assurance
Program authorized by this section shall be based on criteria
that include demonstrated institutional performance, as deter-
mined by the Secretary, and shall take into consideration cur-
rent quality assurance goals, as determined by the Secretary.
The selection criteria shall ensure the participation of a diverse
group of institutions of higher education with respect to size,
mission, and geographical distribution.
‘‘(3) WAIVER.—The Secretary is authorized to waive for
any institution participating in the Quality Assurance Program
any regulations dealing with reporting or verification require-
ments in this title that are addressed by the institution’s alter-
native management system, and may substitute such quality
assurance reporting as the Secretary determines necessary to
ensure accountability and compliance with the purposes of the
programs under this title. The Secretary shall not modify or
waive any statutory requirements pursuant to this paragraph.
‘‘(4) DETERMINATION.—The Secretary is authorized to deter-
mine—
‘‘(A) when an institution that is unable to administer
the Quality Assurance Program shall be removed from
such program; and
‘‘(B) when institutions desiring to cease participation
in such program will be required to complete the current
award year under the requirements of the Quality Assur-
ance Program.
‘‘(5) REVIEW AND EVALUATION.—The Secretary shall review
and evaluate the Quality Assurance Program conducted by
each participating institution and, on the basis of that evalua-
tion, make recommendations regarding amendments to this
Act that will streamline the administration and enhance the
integrity of Federal student assistance programs. Such rec-
ommendations shall be submitted to the Committee on Labor
and Human Resources of the Senate and the Committee on
Education and the Workforce of the House of Representatives.
‘‘(b) REGULATORY IMPROVEMENT
AND STREAMLINING EXPERI-
MENTS.—
‘‘(1) IN GENERAL.—The Secretary may continue any experi-
mental sites in existence on the date of enactment of the
Higher Education Amendments of 1998. Any activities approved
by the Secretary prior to such date that are inconsistent with
this section shall be discontinued not later than June 30, 1999.
‘‘(2) REPORT.—The Secretary shall review and evaluate the
experience of institutions participating as experimental sites
during the period of 1993 through 1998 under this section
(as such section was in effect on the day before the date
of enactment of the Higher Education Amendments of 1998),
and shall submit a report based on this review and evaluation
to the Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of the
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House of Representatives not later than 6 months after the
enactment of the Higher Education Amendments of 1998. Such
report shall include—
‘‘(A) a list of participating institutions and the specific
statutory or regulatory waivers granted to each institution;
‘‘(B) the findings and conclusions reached regarding
each of the experiments conducted; and
‘‘(C) recommendations for amendments to improve and
streamline this Act, based on the results of the experiment.
‘‘(3) SELECTION.—
‘‘(A) IN GENERAL.—Upon the submission of the report
required by paragraph (2), the Secretary is authorized to
select a limited number of additional institutions for vol-
untary participation as experimental sites to provide rec-
ommendations to the Secretary on the impact and effective-
ness of proposed regulations or new management initia-
tives.
‘‘(B) CONSULTATION.—Prior to approving any additional
experimental sites, the Secretary shall consult with the
Committee on Labor and Human Resources of the Senate
and the Committee on Education and the Workforce of
the House of Representatives and shall provide to such
Committees—
‘‘(i) a list of institutions proposed for participation
in the experiment and the specific statutory or regu-
latory waivers proposed to be granted to each institu-
tion;
‘‘(ii) a statement of the objectives to be achieved
through the experiment; and
‘‘(iii) an identification of the period of time over
which the experiment is to be conducted.
‘‘(C) WAIVERS.—The Secretary is authorized to waive,
for any institution participating as an experimental site
under subparagraph (A), any requirements in this title,
or regulations prescribed under this title, that will bias
the results of the experiment, except that the Secretary
shall not waive any provisions with respect to award rules,
grant and loan maximum award amounts, and need analy-
sis requirements.
‘‘(c) DEFINITIONS.—For purposes of this section, the term ‘cur-
rent award year’ means the award year during which the participat-
ing institution indicates the institution’s intention to cease partici-
pation.’’.
SEC. 490A. GARNISHMENT REQUIREMENTS.
Section 488A (20 U.S.C. 1095a) is amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
‘‘(d) NO ATTACHMENT
OF STUDENT ASSISTANCE.—Except as
authorized in this section, notwithstanding any other provision
of Federal or State law, no grant, loan, or work assistance awarded
under this title, or property traceable to such assistance, shall
be subject to garnishment or attachment in order to satisfy any
debt owed by the student awarded such assistance, other than
a debt owed to the Secretary and arising under this title.’’.