IV
105TH CONGRESS
1ST SESSION
H. RES. 145
Providing for the concurrence of the House with the amendment of the
Senate to H.R. 914, with amendments.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1997
Mr. MCKEON submitted the following resolution; which was considered and
agreed to
RESOLUTION
Providing for the concurrence of the House with the
amendment of the Senate to H.R. 914, with amendments.
Resolved, That upon the adoption of this resolution
the bill (H.R. 914), to make certain technical corrections
in the Higher Education Act of 1965 relating to gradua-
tion data disclosures, shall be considered to have been
taken from the Speaker’s table to the end that the Senate
amendments thereto be, and the same are hereby, agreed
to with amendments as follows:
Insert before section 1 the following:
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TITLE I—TECHNICAL
AMENDMENTS
Redesignate sections 1 through 5 as sections 101
through 105, and at the end of the bill add the following:
SEC. 106. PAYMENTS RELATING TO FEDERAL PROPERTY.
Section 8002(i) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(i)) is amended
to read as follows:
‘‘(i) PRIORITY PAYMENTS.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b)(1)(B), and for any fiscal year beginning with fis-
cal year 1997 for which the amount appropriated to
carry out this section exceeds the amount so appro-
priated for fiscal year 1996—
‘‘(A) the Secretary shall first use the ex-
cess amount (not to exceed the amount equal to
the difference of (i) the amount appropriated to
carry out this section for fiscal year 1997, and
(ii) the amount appropriated to carry out this
section for fiscal year 1996) to increase the
payment that would otherwise be made under
this section to not more than 50 percent of the
maximum amount determined under subsection
(b) for any local educational agency described
in paragraph (2); and
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‘‘(B) the Secretary shall use the remainder
of the excess amount to increase the payments
to each eligible local educational agency under
this section.
‘‘(2) 
LOCAL
EDUCATIONAL
AGENCY
DE-
SCRIBED.—A local educational agency described in
this paragraph is a local educational agency that—
‘‘(A) received a payment under this section
for fiscal year 1996;
‘‘(B) serves a school district that contains
all or a portion of a United States military
academy;
‘‘(C) serves a school district in which the
local tax assessor has certified that at least 60
percent of the real property is federally owned;
and
‘‘(D) demonstrates to the satisfaction of
the Secretary that such agency’s per-pupil reve-
nue derived from local sources for current ex-
penditures is not less than that revenue for the
preceding fiscal year.’’.
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TITLE II—COST OF HIGHER
EDUCATION REVIEW
SEC. 201. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Cost of Higher Education Review Act of 1997’’.
(b) FINDINGS.—The Congress finds the following:
(1) According to a report issued by the General
Accounting Office, tuition at 4-year public colleges
and universities increased 234 percent from school
year 1980–1981 through school year 1994–1995,
while median household income rose 82 percent and
the cost of consumer goods as measured by the
Consumer Price Index rose 74 percent over the same
time period.
(2) A 1995 survey of college freshmen found
that concern about college affordability was the
highest it has been in the last 30 years.
(3) Paying for a college education now ranks as
one of the most costly investments for American
families.
SEC. 202. ESTABLISHMENT OF NATIONAL COMMISSION ON
THE COST OF HIGHER EDUCATION.
There is established a Commission to be known as
the ‘‘National Commission on the Cost of Higher Edu-
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cation’’ (hereafter in this Act referred to as the ‘‘Commis-
sion’’).
SEC. 203. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be com-
posed of 7 members as follows:
(1) Two individuals shall be appointed by the
Speaker of the House.
(2) One individual shall be appointed by the Mi-
nority Leader of the House.
(3) Two individuals shall be appointed by the
Majority Leader of the Senate.
(4) One individual shall be appointed by the Mi-
nority Leader of the Senate.
(5) One individual shall be appointed by the
Secretary of Education.
(b) ADDITIONAL QUALIFICATIONS.—Each of the in-
dividuals appointed under subsection (a) shall be an indi-
vidual with expertise and experience in higher education
finance (including the financing of State institutions of
higher education), Federal financial aid programs, edu-
cation economics research, public or private higher edu-
cation administration, or business executives who have
managed successful cost reduction programs.
(c) CHAIRPERSON AND VICE CHAIRPERSON.—The
members of the Commission shall elect a Chairperson and
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a Vice Chairperson. In the absence of the Chairperson,
the Vice Chairperson will assume the duties of the Chair-
person.
(d) QUORUM.—A majority of the members of the
Commission shall constitute a quorum for the transaction
of business.
(e) APPOINTMENTS.—All appointments under sub-
section (a) shall be made within 30 days after the date
of enactment of this Act. In the event that an officer au-
thorized to make an appointment under subsection (a) has
not made such appointment within such 30 days, the ap-
pointment may be made for such officer as follows:
(1) The Chairman of the Committee on Edu-
cation and the Workforce may act under such sub-
section for the Speaker of the House of Representa-
tives.
(2) The Ranking Minority Member of the Com-
mittee on Education and the Workforce may act
under such subsection for the Minority Leader of
the House of Representatives.
(3) The Chairman of the Committee on Labor
and Human Resources may act under such sub-
section for the Majority Leader of the Senate.
(4) The Ranking Minority Member of the Com-
mittee on Labor and Human Resources may act
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under such subsection for the Minority Leader of
the Senate.
(f) VOTING.—Each member of the Commission shall
be entitled to one vote, which shall be equal to the vote
of every other member of the Commission.
(g) VACANCIES.—Any vacancy on the Commission
shall not affect its powers, but shall be filled in the manner
in which the original appointment was made.
(h) PROHIBITION OF ADDITIONAL PAY.—Members of
the Commission shall receive no additional pay, allow-
ances, or benefits by reason of their service on the Com-
mission. Members appointed from among private citizens
of the United States may be allowed travel expenses, in-
cluding per diem, in lieu of subsistence, as authorized by
law for persons serving intermittently in the government
service to the extent funds are available for such expenses.
(i) INITIAL MEETING.—The initial meeting of the
Commission shall occur within 40 days after the date of
enactment of this Act.
SEC. 204. FUNCTIONS OF COMMISSION.
(a) SPECIFIC FINDINGS AND RECOMMENDATIONS.—
The Commission shall study and make findings and spe-
cific recommendations regarding the following:
(1) The increase in tuition compared with other
commodities and services.
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(2) Innovative methods of reducing or stabiliz-
ing tuition.
(3) Trends in college and university administra-
tive costs, including administrative staffing, ratio of
administrative staff to instructors, ratio of adminis-
trative staff to students, remuneration of adminis-
trative staff, and remuneration of college and univer-
sity presidents or chancellors.
(4) Trends in (A) faculty workload and remu-
neration (including the use of adjunct faculty), (B)
faculty-to-student ratios, (C) number of hours spent
in the classroom by faculty, and (D) tenure prac-
tices, and the impact of such trends on tuition.
(5) Trends in (A) the construction and renova-
tion of academic and other collegiate facilities, and
(B) the modernization of facilities to access and uti-
lize new technologies, and the impact of such trends
on tuition.
(6) The extent to which increases in institu-
tional financial aid and tuition discounting have af-
fected tuition increases, including the demographics
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
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which Federal financial aid, including loan aid, has
been used to offset such increases.
(7) The extent to which Federal, State, and
local laws, regulations, or other mandates contribute
to increasing tuition, and recommendations on re-
ducing those mandates.
(8) The establishment of a mechanism for a
more timely and widespread distribution of data on
tuition trends and other costs of operating colleges
and universities.
(9) The extent to which student financial aid
programs have contributed to changes in tuition.
(10) Trends in State fiscal policies that have af-
fected college costs.
(11) The adequacy of existing Federal and
State financial aid programs in meeting the costs of
attending colleges and universities.
(12) Other related topics determined to be ap-
propriate by the Commission.
(b) FINAL REPORT.—
(1) IN GENERAL.—Subject to paragraph (2),
the Commission shall submit to the President and to
the Congress, not later than 120 days after the date
of the first meeting of the Commission, a report
which shall contain a detailed statement of the find-
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ings and conclusions of the Commission, including
the Commission’s recommendations for administra-
tive and legislative action that the Commission con-
siders advisable.
(2) MAJORITY
VOTE
REQUIRED
FOR
REC-
OMMENDATIONS.—Any recommendation described in
paragraph (1) shall be made by the Commission to
the President and to the Congress only if such rec-
ommendation is adopted by a majority vote of the
members of the Commission who are present and
voting.
(3) 
EVALUATION
OF
DIFFERENT
CIR-
CUMSTANCES.—In making any findings under sub-
section (a) of this section, the Commission shall take
into account differences between public and private
colleges and universities, the length of the academic
program, the size of the institution’s student popu-
lation, and the availability of the institution’s re-
sources, including the size of the institution’s endow-
ment.
SEC. 205. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this Act, hold such hearings and sit
and act at such times and places, as the Commission may
find advisable.
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(b) RULES
AND REGULATIONS.—The Commission
may adopt such rules and regulations as may be necessary
to establish the Commission’s procedures and to govern
the manner of the Commission’s operations, organization,
and personnel.
(c) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) INFORMATION.—The Commission may re-
quest from the head of any Federal agency or in-
strumentality such information as the Commission
may require for the purpose of this Act. Each such
agency or instrumentality shall, to the extent per-
mitted by law and subject to the exceptions set forth
in section 552 of title 5, United States Code (com-
monly referred to as the Freedom of Information
Act), furnish such information to the Commission,
upon request made by the Chairperson of the Com-
mission.
(2) FACILITIES AND SERVICES, PERSONNEL DE-
TAIL
AUTHORIZED.—Upon request of the Chair-
person of the Commission, the head of any Federal
agency or instrumentality shall, to the extent pos-
sible and subject to the discretion of such head—
(A) make any of the facilities and services
of such agency or instrumentality available to
the Commission; and
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(B) detail any of the personnel of such
agency or instrumentality to the Commission,
on a nonreimbursable basis, to assist the Com-
mission in carrying out the Commission’s duties
under this Act.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
(e) CONTRACTING.—The Commission, to such extent
and in such amounts as are provided in appropriation
Acts, may enter into contracts with State agencies, private
firms, institutions, and individuals for the purpose of con-
ducting research or surveys necessary to enable the Com-
mission to discharge the Commission’s duties under this
Act.
(f) STAFF.—Subject to such rules and regulations as
may be adopted by the Commission, and to such extent
and in such amounts as are provided in appropriation
Acts, the Chairperson of the Commission shall have the
power to appoint, terminate, and fix the compensation
(without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service,
and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title, or of any other
provision, or of any other provision of law, relating to the
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number, classification, and General Schedule rates) of an
Executive Director, and of such additional staff as the
Chairperson deems advisable to assist the Commission, at
rates not to exceed a rate equal to the maximum rate for
level IV of the Executive Schedule under section 5332 of
such title.
SEC. 206. EXPENSES OF COMMISSION.
There are authorized to be appropriated to pay any
expenses of the Commission such sums as may be nec-
essary not to exceed $650,000. Any sums appropriated for
such purposes are authorized to remain available until ex-
pended, or until one year after the termination of the
Commission pursuant to section 207, whichever occurs
first.
SEC. 207. TERMINATION OF COMMISSION.
The Commission shall cease to exist on the date that
is 60 days after the date on which the Commission is re-
quired to submit its final report in accordance with section
204(b).
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