datamatters24/research-document-archive huggingface dataset:
HR 6 RFS
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated in any fiscal year or
made available from funds appropriated to carry out ac-
tivities in this section in any fiscal year such sums as may
be necessary to carry out the provisions of this section,
except that if no funds are appropriated pursuant to this
subsection, the Secretary shall make funds available to
carry out this section from amounts appropriated for the
operations and expenses of the Department of Education.
‘‘(k) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘voluntary consensus standard’
means a standard developed or used by a standard
setting organization accredited by the American Na-
tional Standards Institute.
‘‘(2) The term ‘standard setting organization’
means a standard setting organization accredited by
the American National Standards Institute that de-
velops standards for information transactions, data
elements, or any other standard that is necessary to,
or will facilitate, the implementation of this section.
‘‘(3) For purposes of this section, the term
‘clearinghouse’ means a public or private entity that
processes or facilitates the processing of non-
standard data elements into data elements conform-
ing to standards adopted under this section.’’.
119
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‘‘(c) PROCEDURES
FOR AWARDING GRANTS
AND
CONTRACTS.—
‘‘(1) APPLICATION REQUIREMENTS.—An eligi-
ble entity that desires to receive a grant or contract
under this chapter shall submit an application to the
Secretary in such manner and form, and containing
such information and assurances, as the Secretary
may reasonably require.
‘‘(2) PRIOR
EXPERIENCE.—In making grants
under this chapter, the Secretary shall consider each
applicant’s prior experience of service delivery under
the particular program for which funds are sought.
The level of consideration given the factor of prior
experience shall not vary from the level of consider-
ation given such factor during fiscal years 1994
through 1997, except that grants made under sec-
tion 402H shall not be given prior experience consid-
eration.
‘‘(3) ORDER OF AWARDS; PROGRAM FRAUD.—
(A) Except with respect to grants made under sec-
tions 402G and 402H and as provided in subpara-
graph (B), the Secretary shall award grants and
contracts under this chapter in the order of the
scores received by the application for such grant or
contract in the peer review process required under
IIA
105TH CONGRESS
2D SESSION
H. R. 6
IN THE SENATE OF THE UNITED STATES
MAY 7, 1998
Received; read twice and referred to the Committee on Labor and Human
Resources
AN ACT
To extend the authorization of programs under the Higher
Education Act of 1965, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Higher Education
Amendments of 1998’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. General effective date.
TITLE I—GENERAL PROVISIONS
PART A—EXTENSION AND REVISION OF GENERAL PROVISIONS
Sec. 101. Redesignation and transfer of provisions.
Sec. 102. Definitions.
Sec. 103. Regulatory reform.
PART B—PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF
FEDERAL STUDENT FINANCIAL ASSISTANCE.
Sec. 111. Performance-based organization for the delivery of Federal student
financial assistance.
TITLE II—POSTSECONDARY EDUCATION IMPROVEMENT
PROGRAMS
Sec. 201. Urban community service.
Sec. 202. Fund for the Improvement of Postsecondary Education.
Sec. 203. Grants to States for workplace and community transition training for
incarcerated youth offenders.
Sec. 204. Advanced placement fee payment program.
Sec. 205. Teacher quality enhancement grants.
Sec. 206. Campus safety.
Sec. 207. Accountability for institutions of higher education that prepare
teachers.
Sec. 208. Additional repeal.
TITLE III—INSTITUTIONAL AID
Sec. 301. Strengthening institutions.
Sec. 302. Historically black colleges and universities.
Sec. 303. Minority science and engineering improvement program.
Sec. 304. General provisions.
TITLE IV—STUDENT ASSISTANCE
PART A—GRANTS TO STUDENTS
Sec. 401. Pell grants.
Sec. 402. Federal TRIO programs.
Sec. 403. National early intervention and partnership program.
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Sec. 404. Repeals.
Sec. 405. Establishment of new programs.
Sec. 406. Federal supplemental educational opportunity grants.
Sec. 407. Grants to States for State student incentives.
Sec. 408. Special programs for students whose families are engaged in migrant
and seasonal farmwork.
Sec. 409. Byrd scholarships.
PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM
Sec. 411. Limitation repealed.
Sec. 412. Advances to reserve funds.
Sec. 412A. Guaranty agency reforms.
Sec. 413. Guaranty agency reforms.
Sec. 414. Scope and duration of program.
Sec. 415. Limitations on individual federally insured loans and Federal loan
insurance.
Sec. 416. Applicable interest rates.
Sec. 417. Federally guaranteed student loans.
Sec. 418. Voluntary agreements with guaranty agencies.
Sec. 419. Federal consolidation loans.
Sec. 420. Disbursement.
Sec. 421. Unsubsidized Stafford loans.
Sec. 422. Repeal of loan forgiveness.
Sec. 423. Legal powers and responsibilities.
Sec. 424. Student loan information.
Sec. 425. Definitions.
Sec. 426. Discharge.
Sec. 427. Cancellation of loans for certain public service.
Sec. 428. Debt management options.
Sec. 429. Special allowances.
Sec. 430. Loan forgiveness for child care providers.
PART C—FEDERAL WORK-STUDY PROGRAMS
Sec. 435. Amendments to part C.
PART D—WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM
Sec. 436. Selection of institutions.
Sec. 437. Terms and conditions.
Sec. 438. Contracts.
Sec. 439. Funds for administrative expenses.
Sec. 440. Authority to sell loans.
Sec. 441. Cancellation of loans for certain public service.
PART E—FEDERAL PERKINS LOANS
Sec. 445. Amendments to part E.
PART F—NEED ANALYSIS
Sec. 446. Cost of attendance.
Sec. 447. Data elements.
Sec. 448. Family contribution for dependent students.
Sec. 449. Family contribution for independent students without dependents
other than a spouse.
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Sec. 450. Family contribution for independent students with dependents other
than a spouse.
Sec. 451. Regulations; updated tables and amounts.
Sec. 452. Simplified needs test; zero expected family contribution.
Sec. 453. Discretion of student financial aid administrators.
Sec. 454. Treatment of other financial assistance.
PART G—GENERAL PROVISIONS
Sec. 461. Definitions.
Sec. 462. Master calendar.
Sec. 463. Forms and regulations.
Sec. 464. Student eligibility.
Sec. 465. State court judgments.
Sec. 466. Information for students.
Sec. 467. National student loan data system.
Sec. 468. Program participation agreements.
Sec. 469. Quality assurance and regulatory simplification.
Sec. 470. Distance education demonstration programs.
Sec. 471. Garnishment requirements.
Sec. 472. Administrative subpoena authority.
Sec. 473. Advisory committee on student financial assistance.
Sec. 474. Meetings and negotiated rulemaking.
PART H—PROGRAM INTEGRITY
Sec. 476. State postsecondary review program.
Sec. 477. Accrediting agency recognition.
Sec. 478. Eligibility and certification procedures.
Sec. 479. Program review and data.
TITLE V—DEVELOPING INSTITUTIONS
Sec. 501. Establishment of new title V.
TITLE VI—INTERNATIONAL AND GRADUATE EDUCATION
PROGRAMS
Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for international public policy.
Sec. 604. General provisions.
Sec. 605. Transfer and reauthorization of graduate assistance in areas of
national need program.
TITLE VII—CONSTRUCTION, RECONSTRUCTION, AND
RENOVATION OF ACADEMIC FACILITIES
Sec. 701. Extension of prior rights and obligations.
Sec. 702. Repeal of part A.
Sec. 703. Extension of authorization of part B.
Sec. 704. Extension of authorization of part C.
TITLE VIII—ADDITIONAL PROVISIONS
Sec. 801. Study of transfer of credits.
Sec. 802. Study of market mechanisms in Federal student loan programs.
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Sec. 803. Improvements in market information and public accountability in
higher education.
Sec. 804. Differential regulation.
Sec. 805. Annual report on cost of higher education.
Sec. 806. Study of consolidation options.
Sec. 807. Educational merchandise licensing codes of conduct.
Sec. 808. Repeals and extensions of previous higher education amendments
provisions.
Sec. 809. Limitation.
Sec. 810. Procedures for cancellations and deferments for eligible disabled
veterans.
TITLE IX—AMENDMENTS TO OTHER LAWS
PART A—EDUCATION OF THE DEAF ACT
SUBPART 1–GALLAUDET UNIVERSITY
Sec. 901. Board of Trustees membership.
Sec. 902. Elementary and secondary education programs.
Sec. 903. Agreement with Gallaudet University.
SUBPART 2–NATIONAL INSTITUTE FOR THE DEAF
Sec. 911. Agreement for the National Technical Institute for the Deaf.
SUBPART 3–GENERAL PROVISIONS
Sec. 921. Definitions.
Sec. 922. Audits.
Sec. 923. Reports.
Sec. 924. Monitoring, evaluation, and reporting.
Sec. 925. Responsibility of the liaison.
Sec. 926. Federal endowment programs.
Sec. 927. Scholarship program.
Sec. 928. Oversight and effect of agreements.
Sec. 929. International students.
Sec. 930. Authorization of appropriations.
PART B—EXTENSION AND REVISION OF INDIAN HIGHER EDUCATION
PROGRAMS
Sec. 951. Tribally controlled colleges and universities.
Sec. 952. Reauthorization of provisions from Higher Education Amendments of
1992.
Sec. 953. Reauthorization of Navajo Community College Act.
PART C—GENERAL EDUCATION PROVISIONS ACT
Sec. 961. Access to records concerning crimes of violence.
TITLE X—FACULTY RETIREMENT PROVISIONS
Sec. 1001. Voluntary retirement incentive plans.
TITLE XI—OFFESTS REQUIRED
Sec. 1101. Assurance of offsets.
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TITLE XII—ALCOHOL CONSUMPTION
Sec. 1201. Sense of the House of Representatives.
TITLE XIII—PROTECTION OF STUDENT SPEECH AND
ASSOCIATION RIGHTS
Sec. 1301. Protection of student speech and association rights.
TITLE XIV—DRUG AND ALCOHOL PREVENTION
Sec. 1401. Drug and alcohol abuse prevention.
TITLE XV—EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
LEARNING DISABILITIES
Sec. 1501. Demonstration projects ensuring equal opportunity for individuals
with learning disabilities.
TITLE 
XVI—SENSE 
OF 
THE 
HOUSE 
OF 
REPRESENTATIVES
REGARDING DETECTION OF LEARNING DISABILITIES, PARTICU-
LARLY DYSLEXIA, IN POSTSECONDARY EDUCATION
Sec. 1601. Sense of the House of Representatives.
TITLE XVII—SPECIAL PROVISION
Sec. 1701. Ternmination of effectiveness.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
SEC. 4. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act or the
amendments made by this Act, the amendments made by
this Act shall take effect on October 1, 1998.
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7274e(b)(1)) is amended by striking ‘‘1201(a) of the
Higher Education Act of 1965 (20 U.S.C. 1141(a))’’
and inserting ‘‘101(a)(1) of the Higher Education
Act of 1965’’.
(25) NATIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL YEAR 1994.—The National Defense Au-
thorization Act for Fiscal Year 1994 is amended—
(A) in section 841(c)(2) (10 U.S.C.
2324(2) note), by striking ‘‘1201(a) of the
Higher Education Act of 1965 (20 U.S.C.
1141(a))’’ and inserting ‘‘101(a)(1) of the
Higher Education Act of 1965’’;
(B) in section 1333(i)(3) (10 U.S.C. 2701
note), by striking ‘‘1201(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1141(a))’’ and
inserting ‘‘101(a)(1) of the Higher Education
Act of 1965’’; and
(C) in section 1334(k)(3) (10 U.S.C. 2701
note), by striking ‘‘1201(a) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1141(a))’’ and
inserting ‘‘101(a)(1) of the Higher Education
Act of 1965’’.
(26) NATIONAL EDUCATION STATISTICS ACT OF
1994.—Section 402(c)(3) of the National Education
Statistics Act of 1994 (20 U.S.C. 9001(c)(3)) is
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education in subparagraph (A) of this para-
graph if—
‘‘(i) the institution, or an affiliate of
the institution that has the power, by con-
tract or ownership interest, to direct or
cause the direction of the management or
policies of the institution, has filed for
bankruptcy; or
‘‘(ii) the institution, its owner, or its
chief executive officer has been convicted
of, or has pled nolo contendere or guilty to,
a crime involving the acquisition, use, or
expenditure of funds under title IV, or has
been judicially determined to have commit-
ted fraud involving funds under title IV.
‘‘(E) 
CERTIFICATION.—The 
Secretary
shall certify an institution’s qualification as an
institution of higher education in accordance
with the requirements of subpart 2 of part H.
‘‘(F) LOSS OF ELIGIBILITY.—An institu-
tion of higher education shall not be considered
to meet the definition of an institution of higher
education in subparagraph (A) of this para-
graph if such institution is removed from eligi-
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bility for funds under title IV as a result of an
action pursuant to part H of title IV.
‘‘(3) PROPRIETARY
INSTITUTION
OF
HIGHER
EDUCATION.—
‘‘(A) PRINCIPAL CRITERIA.—For the pur-
pose of this subsection, the term ‘proprietary
institution of higher education’ means a school
that—
‘‘(i) provides an eligible program of
training to prepare students for gainful
employment in a recognized occupation;
‘‘(ii) 
meets 
the 
requirements 
of
clauses (i) and (ii) of paragraph (1)(A) of
this subsection;
‘‘(iii) does not meet the requirement
of clause (iv) of paragraph (1)(A) of this
subsection;
‘‘(iv) is accredited by a nationally rec-
ognized accrediting agency or association
approved by the Secretary pursuant to
part H of title IV;
‘‘(v) has been in existence for at least
2 years; and
‘‘(vi) has at least 15 percent of its
revenues from sources that are not derived
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from funds provided under title IV, as de-
termined in accordance with regulations
prescribed by the Secretary.
In determining such 15 percent of revenues for
purposes of clause (vi), funds from programs of
education and training that do not meet the
definition of an eligible program in section
481(b), but are provided on a contractual basis
under Federal, State, or local training pro-
grams, or under specialized business and indus-
try training requests, shall be counted.
‘‘(B) 
ADDITIONAL
INSTITUTIONS.—The
term ‘proprietary institution of higher edu-
cation’ also includes a proprietary educational
institution in any State that, in lieu of the re-
quirement in clause (i) of paragraph (1)(A) of
this subsection, admits as regular students per-
sons who are beyond the age of compulsory
school attendance in the State in which the in-
stitution is located.
‘‘(4) POSTSECONDARY
VOCATIONAL
INSTITU-
TION.—
‘‘(A) PRINCIPAL CRITERIA.—For the pur-
pose of this subsection, the term ‘postsecondary
vocational institution’ means a school that—
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‘‘(i) provides an eligible program of
training to prepare students for gainful
employment in a recognized occupation;
‘‘(ii) 
meets 
the 
requirements 
of
clauses (i), (ii), (iv), and (v) of paragraph
(1)(A) of this subsection; and
‘‘(iii) has been in existence for at least
2 years.
‘‘(B) 
ADDITIONAL
INSTITUTIONS.—The
term ‘postsecondary vocational institution’ also
includes an educational institution in any State
that, in lieu of the requirement in clause (i) of
paragraph (1)(A) of this subsection, admits as
regular students persons who are beyond the
age of compulsory school attendance in the
State in which the institution is located.
‘‘(b) STATE; FREELY ASSOCIATED STATES.—
‘‘(1) STATE.—The term ‘State’ includes, in ad-
dition to the several States of the Union, the Com-
monwealth of Puerto Rico, the District of Columbia,
Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
and the Freely Associated States.
‘‘(2) FREELY ASSOCIATED STATES.—The term
‘Freely Associated States’ means the Republic of the
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into an annual performance agreement which shall
set forth measurable organization and individual
goals for the Chief Operating Officer in key oper-
ational areas. The agreement shall be subject to re-
view and renegotiation at the end of each term. The
final agreement shall be transmitted to the Commit-
tee on Education and the Workforce of the House
of Representatives and the Committee on Labor and
Human Resources of the Senate, and made publicly
available.
‘‘(3) COMPENSATION.—The Chief Operating
Officer is authorized to be paid at an annual rate of
basic pay not to exceed the maximum rate of basic
pay for the Senior Executive Service under section
5382 of title 5, United States Code, including any
applicable locality-based comparability payment that
may be authorized under section 5304(h)(2)(B) of
such title 5. In addition, the Chief Operating Officer
may receive a bonus in an amount up to, but not in
excess of, 50 percent of such annual rate of basic
pay, based upon the Secretary’s evaluation of the
Chief Operating Officer’s performance in relation to
the performance goals set forth in the performance
agreement described in paragraph (2). Payment of a
bonus under this paragraph may be made to the
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Chief Operating Officer only to the extent that such
payment does not cause the Chief Operating Offi-
cer’s total aggregate compensation in a calendar
year to equal or exceed the amount of the Presi-
dent’s salary under section 102 of title 3, United
States Code.
‘‘(f ) SENIOR MANAGEMENT.—
‘‘(1) IN GENERAL.—The Chief Operating Offi-
cer may appoint up to 5 senior managers as may be
necessary without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and who may be paid without re-
gard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates.
‘‘(2) PERFORMANCE
AGREEMENT.—The Chief
Operating Officer shall enter into an annual per-
formance agreement with each senior manager ap-
pointed under this subsection which shall set forth
measurable organization and individual goals in key
operational areas. The agreement shall be subject to
review and renegotiation at the end of each term.
‘‘(3) COMPENSATION.—The Chief Operating
Officer is authorized to pay senior managers at an
annual rate of basic pay not to exceed 75 percent of
I
105TH CONGRESS
1ST SESSION
H. R. 6
To extend the authorization of programs under the Higher Education Act
of 1965, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. MCKEON (for himself, Mr. GOODLING, Mr. CLAY, and Mr. KILDEE) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce
A BILL
To extend the authorization of programs under the Higher
Education Act of 1965, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Higher Education
Amendments of 1998’’.
SEC. 2. EXTENSION OF PROGRAMS.
(a) EXTENSION OF PROGRAMS.—The authorization
of appropriations for, and the duration of, each program
conducted under the Higher Education Act of 1965 (20
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U.S.C. 1001 et seq.) shall be extended for each of the fis-
cal years ending before October 1, 2004.
(b) CONTINUATION OF AUTHORIZATION AMOUNTS.—
The amount authorized to be appropriated for a program
for each fiscal year during the period of extension under
subsection (a) shall be the amount authorized to be appro-
priated for such program for the terminal fiscal year of
the program.
(c) PERFORMANCE OF REQUIRED FUNCTIONS.—If
the Secretary of Education is required, in the terminal fis-
cal year of a program extended under subsection (a), to
carry out certain acts or make certain determinations that
are necessary for the continuation of such program, such
acts or determinations shall be required to be carried out
or made during the period of the extension under sub-
section (a).
(d) TERMINAL FISCAL YEAR.—For purposes of this
section, the term ‘‘terminal fiscal year’’, when used with
respect to a program conducted under the Higher Edu-
cation Act of 1965, means the last fiscal year for which
funds are authorized to be appropriated, or during which
such program is authorized to be conducted, by such Act
as in effect on January 1, 1997.
Æ
Income Security Act of 1974 (relating to pro-
viding advance notice of modification or change
in retiree health benefits provided under a
group health plan); and
‘‘(B) such modification or change in retiree
health benefits in a group health plan takes ef-
fect after the Secretary of Labor makes the de-
termination required by section 104(d) of such
Act that such change or modification does not
violate the plan, including collective bargaining
agreements.
‘‘(2) NONCOMPLIANCE PERIOD.—For the pur-
poses of subsection (b), the noncompliance period
with respect to this subsection shall be determined
without regard to paragraph (2)(B)(ii) of subsection
(b).’’.
(2) CONFORMING AMENDMENTS.—
(A) Subsection (a) of section 4980B of
such Code is amended by striking ‘‘subsection
(f)’’ and inserting ‘‘subsections (f) and (g)’’.
(B) 
Clause 
(iv)(II) 
of 
section
4980B(f)(2)(B) of such Code is amended by
striking ‘‘subsection (g)(1)(D)’’ and inserting
‘‘subsection (h)(1)(D)’’.
‘‘(1) IN GENERAL.—(A)(i) When the Committee
on Appropriations reports an appropriation measure
for fiscal year 1999, 2000, 2001, 2002, or 2003 that
specifies an amount for adoption incentive payments
for the Department of Health and Human Services,
or when a conference committee submits a con-
ference report thereon, the chairman of the Commit-
tee on the Budget of the Senate or House of Rep-
resentatives (whichever is appropriate) shall—
‘‘(I) make adjustments for the amounts of
new budget authority provided by that appro-
priation measure for such payments, which
shall be the amount of new budget authority
provided in that measure for adoption incentive
payments, but not to exceed $15,000,000; and
‘‘(II) make adjustment for outlays, which
shall be in an amount equal to the additional
outlays flowing from such amount.
‘‘(ii) If the adjustments referred to in the pre-
ceding sentence are made for an appropriations
measure that is not enacted into law, then the chair-
man of the Committee on the Budget of the House
of Representatives shall, as soon as practicable, re-
verse those adjustments.