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(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 Chairman and
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-
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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; and
(4) the ranking minority member of the Com-
mittee on Labor and Human Resources may act
under such subsection for the minority leader of the
Senate.
(f) VOTING.—Each member of the Commission shall
be entitled to one vote, which shall be equal to the vote
of every other member of the Commission.
(g) VACANCIES.—Any vacancy on the Commission
shall not affect its powers, but shall be filled in the manner
in which the original appointment was made.
(h) PROHIBITION OF ADDITIONAL PAY.—Members of
the Commission shall receive no additional pay, 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
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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. 40004. 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.
(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.
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(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
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.
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(10) Trends in State fiscal policies that have
affected 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-
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.
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(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. 40005. POWERS OF COMMISSION.
(a) HEARINGS.—The Commission may, for the pur-
pose of carrying out this title, hold such hearings and sit
and act at such times and places, as the Commission may
find advisable.
(b) RULES
AND REGULATIONS.—The Commission
may adopt such rules and regulations as may be necessary
to establish the Commission’s procedures and to govern
the manner of the Commission’s operations, organization,
and personnel.
(c) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) INFORMATION.—The Commission may re-
quest from the head of any Federal agency or in-
strumentality such information as the Commission
may require for the purpose of this title. Each such
agency or instrumentality shall, to the extent per-
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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
(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 title.
(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
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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
title.
(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
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. 40006. FUNDING OF COMMISSION.
There is authorized to be appropriated for fiscal year
1997 for carrying out this title, $650,000, to remain avail-
able until expended, or until one year after the termination
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of the Commission pursuant to section 40007, whichever
occurs first.
SEC. 40007. 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
40004(b).
TITLE V—TECHNICAL AMENDMENTS WITH
RESPECT TO EDUCATION
SEC. 50001. TECHNICAL AMENDMENTS RELATING TO DIS-
CLOSURES REQUIRED WITH RESPECT TO
GRADUATION RATES.
(a) AMENDMENTS.—Section 485 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1092) is amended—
(1) in subsection (a)(3)(B), by striking ‘‘June
30’’ and inserting ‘‘August 31’’; and
(2) in subsection (e)(9), by striking ‘‘August
30’’ and inserting ‘‘August 31’’.
(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a)
are effective upon enactment.
(2) INFORMATION DISSEMINATION.—No institu-
tion shall be required to comply with the amendment
made by subsection (a)(1) before July 1, 1998.
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SEC. 50002. DATE EXTENSION.
Section 1501(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6491(a)(4)) is amended
by striking ‘‘January 1, 1998’’ and inserting ‘‘January 1,
1999’’.
SEC. 50003. TIMELY FILING OF NOTICE.
Notwithstanding any other provision of law, the Sec-
retary of Education shall deem Kansas and New Mexico
to have timely submitted under section 8009(c)(1) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7709(c)(1)) the States’ written notices of intent
to consider payments described in section 8009(b)(1) of
the Act (20 U.S.C. 7709(b)(1)) in providing State aid to
local educational agencies for school year 1997–1998, ex-
cept that the Secretary may require the States to submit
such additional information as the Secretary may require,
which information shall be considered part of the notices.
SEC. 50004. HOLD HARMLESS PAYMENTS.
Section 8002(h)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(h)(1)) is amend-
ed—
(1) in subparagraph (A), by striking ‘‘or’’ after
the semicolon;
(2) in subparagraph (B), by striking the period
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
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‘‘(C) for fiscal year 1997 and each suc-
ceeding fiscal year through fiscal year 2000
shall not be less than 85 percent of the amount
such agency received for fiscal year 1996 under
subsection (b).’’.
SEC. 50005. DATA.
(a) IN GENERAL.—Section 8003(f)(4) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
7703(f)(4)) is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘expenditure,’’ after ‘‘rev-
enue,’’; and
(B) by striking the semicolon and inserting
a period;
(2) by striking ‘‘the Secretary’’ and all that fol-
lows through ‘‘shall use’’ and inserting ‘‘the Sec-
retary shall use’’; and
(3) by striking subparagraph (B).
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to fiscal years after
fiscal year 1997.
SEC. 50006. 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:
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‘‘(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
‘‘(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—
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‘‘(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.’’.
SEC. 50007. TIMELY FILING UNDER SECTION 8003.
The Secretary of Education shall treat as timely filed,
and shall process for payment, an amendment to an appli-
cation for a fiscal year 1997 payment from a local edu-
cational agency under section 8003 of the Elementary and
Secondary Education Act of 1965 if—
(1) that agency is described in subsection (a)(3)
of that section, as amended by section 376 of the
National Defense Authorization Act for Fiscal Year
1997 (Public Law 104–201);
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(2) that agency was not described in that sub-
section prior to that amendment; and
(3) the Secretary received the amendment to
the agency’s application prior to the enactment of
this Act.
TITLE VI—GENERAL PROVISIONS—THIS ACT
SEC. 60001. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year unless expressly so provided herein.
BUY-AMERICAN REQUIREMENTS
SEC. 60002. (a) COMPLIANCE WITH BUY AMERICAN
ACT.—None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the funds the entity will comply with the Buy
American Act (41 U.S.C. 10a–10c).
(b) SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or
product that may be authorized to be purchased
with financial assistance provided using funds made
available in this Act, it is the sense of the Congress
that entities receiving the assistance should, in ex-
pending the assistance, purchase only American-
made equipment and products.
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(2) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance using funds made
available in this Act, the head of each Federal
agency shall provide to each recipient of the assist-
ance a notice describing the statement made in para-
graph (1) by the Congress.
(c) PROHIBITION
OF CONTRACTS WITH PERSONS
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bear-
ing a ‘‘Made in America’’ inscription, or any inscription
with the same meaning, to any product sold in or shipped
to the United States that is not made in the United
States, the person shall be ineligible to receive any con-
tract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
This Act may be cited as the ‘‘Supplemental Appro-
priations and Rescissions Act of 1997’’.
Æ