[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3293 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3293

  To amend the Higher Education Act of 1965 to improve the access of 
                women to higher education opportunities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 1998

Mr. Kildee  (for himself, Mrs. Johnson of Connecticut, Mrs. Lowey, Mrs. 
 McCarthy of New York, Mrs. Mink of Hawaii, Mrs. Morella, Ms. Norton, 
  Ms. Sanchez, Ms. Woolsey, and Mr. Schumer) introduced the following 
    bill; which was referred to the Committee on Education and the 
                               Workforce

_______________________________________________________________________

                                 A BILL


 
  To amend the Higher Education Act of 1965 to improve the access of 
                women to higher education opportunities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Women's Higher 
Education Opportunity Act of 1998''.
    (b) 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 provision, 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. 2. PRESERVATION OF POLICIES.

    The following provisions of the Higher Education Act of 1965 shall 
remain in effect during the fiscal years 1999 through 2004:
            (1) Part-time student eligibility for pell grants.--Section 
        401(b)(2)(B) (20 U.S.C. 1070a(b)(2)(B)).
            (2) Aid not counted for eligibility for other programs.--
        Section 479B (20 U.S.C. 1087uu).

SEC. 3. DEPENDENT CARE ALLOWANCE INCREASE.

    Section 401(a)(3)(B) (20 U.S.C. 1070a(b)(3)(B)) is amended by 
striking ``$750'' and inserting ``$1,500''.

SEC. 4. CAMPUS-BASED CHILD CARE.

    Subpart 8 of part A of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070f) is amended by adding at the end the following:

``SEC. 420C. CAMPUS-BASED CHILD CARE.

    ``(a) Short Title.--This section may be cited as the `Child Care 
Access Means Parents in School Act'.
    ``(b) Findings.--Congress finds that--
            ``(1) earning potential increases significantly when 
        individuals attend college for any period of time;
            ``(2) public assistance recipients who complete college are 
        more likely to leave public assistance permanently;
            ``(3) students who are parents and receive campus-based 
        child care are more likely to remain in school, and to graduate 
        more rapidly and at a higher rate than students who are parents 
        and do not receive campus-based child care;
            ``(4) students who are parents rate access to campus-based 
        child care programs as an important factor affecting their 
        college enrollment;
            ``(5) children placed in high quality child care programs 
        exhibit significant positive results from the experience, 
        including--
                    ``(A) higher earnings as adults;
                    ``(B) higher rates of secondary school graduation;
                    ``(C) lower rates of retention in grade level;
                    ``(D) lower rates of teenage pregnancy; and
                    ``(E) reduced need for special education or social 
                services;
            ``(6) the public saves $7 for every $1 invested in quality 
        child care; and
            ``(7) campus-based child care programs may have an 
        increasingly difficult time accessing Federal child care funds 
        under the structure of the Personal Responsibility and Work 
        Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 
        Stat. 2105).
    ``(c) Purpose.--The purpose of this section is to support the 
participation of low-income parents in postsecondary education through 
the provision of campus-based child care services.
    ``(d) Program Authorized.--
            ``(1) Authority.--The Secretary may award grants to 
        institutions of higher education to assist the institutions in 
        providing campus-based child care services to low-income 
        students.
            ``(2) Amount of grants.--
                    ``(A) In general.--The amount of a grant awarded to 
                an institution of higher education under this section 
                for a fiscal year shall not exceed 1 percent of the 
                total amount of all Federal Pell Grant funds awarded to 
                students enrolled at the institution of higher 
                education for the preceding fiscal year.
                    ``(B) Minimum.--A grant under this section shall be 
                awarded in an amount that is not less than $10,000.
            ``(3) Duration; renewal; and payments.--
                    ``(A) Duration.--The Secretary shall award a grant 
                under this section for a period of 3 years.
                    ``(B) Renewal.--A grant under this section may be 
                renewed for a period of 3 years.
                    ``(C) Payments.--Subject to subsection (f)(2), the 
                Secretary shall make annual grant payments under this 
                section.
            ``(4) Eligible institutions.--An institution of higher 
        education shall be eligible to receive a grant under this 
        section for a fiscal year if the total amount of all Federal 
        Pell Grant funds awarded to students enrolled at the 
        institution of higher education for the preceding fiscal year 
        equals or exceeds $1,000,000.
            ``(5) Use of funds.--Grant funds under this section shall 
        be used by an institution of higher education to support or 
        establish a campus-based child care program serving the needs 
of low-income students enrolled at the institution of higher education.
            ``(6) Construction.--Nothing in this section shall be 
        construed to prohibit an institution of higher education that 
        receives grant funds under this section from serving the child 
        care needs of the community served by the institution.
            ``(7) Definition of low-income student.--For the purpose of 
        this section, the term `low-income student' means a student who 
        is eligible to receive a Federal Pell Grant for the fiscal year 
        for which the determination is made.
    ``(e) Applications.--An institution of higher education desiring a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may require. Each application shall--
            ``(1) demonstrate that the institution is an eligible 
        institution described in subsection (d)(4);
            ``(2) specify the amount of funds requested;
            ``(3) demonstrate the need of low-income students at the 
        institution for campus-based child care services by including 
        in the application student demographics and other relevant 
        data;
            ``(4) contain a description of the activities to be 
        assisted, including whether the grant funds will support an 
        existing child care program or a new child care program;
            ``(5) identify the resources the institution will draw upon 
        to support the child care program and the participation of low-
        income students in the program, such as accessing social 
        services funding, using student activity fees to help pay the 
        costs of child care, using resources obtained by meeting the 
        needs of parents who are not low-income students, and accessing 
        foundation, corporate or other institutional support, and 
        demonstrate that the use of the resources will not result in 
        increases in student tuition;
            ``(6) contain an assurance that the institution will meet 
        the child care needs of low-income students through the 
        provision of services, or through a contract for the provision 
        of services;
            ``(7) in the case of an institution seeking assistance for 
        a new child care program--
                    ``(A) provide a timeline, covering the period from 
                receipt of the grant through the provision of the child 
                care services, delineating the specific steps the 
                institution will take to achieve the goal of providing 
                low-income students with child care services;
                    ``(B) specify any measures the institution will 
                take to assist low-income students with child care 
                during the period before the institution provides child 
                care services; and
                    ``(C) include a plan for identifying resources 
                needed for the child care services, including space in 
                which to provide child care services, and technical 
                assistance if necessary;
            ``(8) contain an assurance that any child care facility 
        assisted under this section will meet the applicable State or 
        local government licensing, certification, approval, or 
        registration requirements; and
            ``(9) contain a plan for any child care facility assisted 
        under this section to become accredited within 3 years of the 
        date the institution first receives assistance under this 
        section.
    ``(f) Reporting Requirements; Continuing Eligibility.--
            ``(1) Reporting requirements.--
                    ``(A) Reports.--Each institution of higher 
                education receiving a grant under this section shall 
                report to the Secretary 18 months and 36 months after 
                receiving the first grant payment under this section.
                    ``(B) Contents.--The report shall include--
                            ``(i) data on the population served under 
                        this section;
                            ``(ii) information on campus and community 
                        resources and funding used to help low-income 
                        students access child care services;
                            ``(iii) information on progress made toward 
                        accreditation of any child care facility; and
                            ``(iv) information on the impact of the 
                        grant on the quality, availability, and 
                        affordability of campus-based child care 
                        services.
            ``(2) Continuing eligibility.--The Secretary shall make the 
        third annual grant payment under this section to an institution 
        of higher education only if the Secretary determines, on the 
        basis of the 18-month report submitted under paragraph (1), 
        that the institution is making a good faith effort to ensure 
        that low-income students at the institution have access to 
        affordable, quality child care services.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated $60,000,000 for fiscal year 1998 and such sums as may be 
necessary for each of the 4 succeeding fiscal years to carry out this 
section.''.

SEC. 5. FAIR PLAY FOR WOMEN'S ATHLETIC ACTIVITIES.

    (a) Findings.--Congress makes the following findings:
            (1) June 23, 1997, marks the 25th anniversary of the 
        signing of title IX of the Education Amendments of 1972 (20 
        U.S.C. 1681 et seq.) into law, and on that day communities 
        across the United States will honor the tremendous difference 
        such title IX has made to women and girls in our Nation.
            (2) Since enactment in 1972, such title IX has played a 
        vital role in expanding the athletic opportunities available to 
        American girls and women.
            (3) Prior to the enactment of such title IX, fewer than 
        32,000 women competed in intercollegiate athletics, women 
        received only 2 percent of schools' athletic budgets, and 
        athletic scholarships for women were practically nonexistent.
            (4) In 1997, more than 110,000 women competed in 
        intercollegiate sports, and women account for 37 percent of 
        college varsity athletes.
            (5) While such title IX has been very successful, a 
        significant gap remains between the athletic opportunities 
        available to men and the athletic opportunities available to 
        women.
            (6) According to a 1997 study by the National Collegiate 
        Athletic Association, female college athletes receive only 23 
        percent of athletic operating budgets, 38 percent of athletic 
        scholarship dollars, and 27 percent of the money spent to 
        recruit new athletes.
            (7) While women represent 53 percent of the students 
        attending institutions of higher education, women comprise only 
        37 percent of the athletes attending institutions of higher 
        education.
            (8) There is substantial evidence that women and girls who 
        participate in athletics have better physical and emotional 
        health than women and girls who do not participate, and that 
        participation in athletics can improve academic achievement.
            (9) Easily accessible information regarding the 
        expenditures of institutions of higher education for women's 
        and men's athletic programs will help prospective students and 
        prospective student athletes make informed judgments about the 
        commitment of a given institution of higher education to 
        providing athletic opportunities to male and female students 
        attending the institution.
    (b) Purposes.--The purposes of this section are--
            (1) to make information regarding men's and women's 
        athletic programs at institutions of higher education easily 
        available to prospective students and prospective student 
        athletes; and
            (2) to increase the athletic opportunities available to 
        women at institutions of higher education.
    (c) Information Availability.--Section 485(g) (20 U.S.C. 1092(g)) 
is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Submission; report; information availability.--(A) 
        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) for each year by 
        April 1 of the year. 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 report described 
        in subparagraph (B) is made available on the Internet within a 
        reasonable period of time.
            ``(D) The Secretary shall establish, within a reasonable 
        period of time, a toll-free telephone service--
                    ``(i) to provide the public with information 
                regarding reports described in subparagraph (B);
                    ``(ii) to provide the public with information 
                regarding the information received under subparagraph 
                (A); and
                    ``(iii) to respond to inquiries from the public 
                regarding the provisions of title IX of the Education 
                Amendments of 1972.
            ``(E) The Secretary shall use the information provided by 
        institutions of higher education under paragraph (1) to ensure 
        compliance with title IX of the Education Amendments of 1972.
            ``(F) The Secretary shall notify, not later than 180 days 
        after the date of enactment of this paragraph, 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. 6. CAMPUS SAFETY.

    (a) Grants to Combat Violent Crimes Against Women on Campuses.--
Title XII is amended by adding at the end the following new section:

``SEC. 1214. GRANTS TO COMBAT VIOLENT CRIMES AGAINST WOMEN ON CAMPUSES.

    ``(a) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to make 
        grants to institutions of higher education for use by campus 
        personnel and student organizations to assist campus 
        administrators and security personnel to develop and strengthen 
        effective security and investigation strategies to combat 
        violent crimes against women on campuses, and to develop and 
        strengthen victim services in cases involving violent crimes 
        against women on campuses, which may include partnerships with 
        local criminal justice authorities and community-based victims 
        services agencies.
            ``(2) Award basis.--The Secretary shall award grants and 
        contracts under this section on a competitive basis.
            ``(3) Equitable participation.--The Secretary shall make 
        every effort to ensure the equitable participation of private 
        and public institutions of higher education and to ensure the 
        equitable geographic participation of such institutions in the 
        activities assisted under this part.
    ``(b) Use of Grant Funds.--Grants under this part shall provide 
personnel, training, technical assistance, data collection, and other 
equipment for the increased apprehension, investigation, and 
adjudication of persons committing violent crimes against women on 
campuses and specifically for the following purposes:
            ``(1) To train campus administrators and campus security 
        personnel to more effectively identify and respond to violent 
        crimes against women on campus, including the crimes of sexual 
        assault, stalking, and domestic violence.
            ``(2) To develop, train, or expand campus security 
        personnel and campus administrators specifically targeting 
        violent crimes against women on campus, including the crimes of 
        sexual assault, stalking, and domestic violence.
            ``(3) To develop and implement more effective campus 
        policies, protocols, orders, and services specifically devoted 
        to prevent, identify, and respond to violent crimes against 
        women on campus, including the crimes of sexual assault, 
        stalking, and domestic violence.
            ``(4) To develop, install, or expand data collection and 
        communication systems, including computerized systems, linking 
        campus security to the local law enforcement for the purpose of 
        identifying and tracking arrests, protection orders, violations 
        of protection orders, prosecutions, and convictions for violent 
        crimes against women on campus, including the crimes of sexual 
        assault, stalking, and domestic violence.
            ``(5) To develop, enlarge, or strengthen victim services 
        programs for local campuses and to improve delivery of victim 
        services on campuses.
            ``(6) To provide capital improvements on campuses to 
        address violent crimes against women on campus, including the 
        crimes of sexual assault, stalking, and domestic violence.
            ``(7) To support improved coordination between campus 
        administrators, campus security personnel, and local law 
        enforcement to reduce violent crimes against women on campus.
    ``(c) Applications.--
            ``(1) In general.--In order to be eligible to be awarded a 
        grant under this section for any fiscal year, an institution of 
        higher education shall submit an application to the Secretary 
        at such time and in such manner as the Secretary shall 
        prescribe.
            ``(2) Contents.--Each application submitted under paragraph 
        (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, nongovernmental 
                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 population, and number of students;
                    ``(D) provide measurable goals and expected results 
                from the use of the grants 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 applicant for the 
                purpose described in this part; and
                    ``(F) include such other information and assurances 
                as the Secretary reasonably determines to be necessary.
    ``(d) Grantee Reporting.--Upon completion of the grant period under 
this section, the grantee institution shall file a performance report 
with the Secretary explaining the activities carried out together with 
an assessment of the effectiveness of those activities in achieving the 
purposes of this section.
    ``(e) General Terms and Conditions.--
            ``(1) Nonmonetary assistance.--In addition to the 
        assistance provided under this part, the Secretary may request 
        any Federal agency to use its authorities and the resources 
        granted to it under Federal law (including personnel, 
        equipment, supplies, facilities, and managerial, technical and 
        advisory services) in support of campus security and 
        investigation and victim service efforts.
            ``(2) Reporting.--Not later than 180 days after the end of 
        the fiscal year for which grants are made under this part, the 
        Secretary shall submit to the committees of the House of 
        Representatives and the Senate responsible for issues relating 
        to higher education and crime, a report that includes--
                    ``(A) the number of grants and funds distributed 
                under this part;
                    ``(B) a summary of the purposes for which these 
                grants were provided and an evaluation of their 
                progress;
                    ``(C) a statistical summary of the persons served, 
                detailing 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.
            ``(3) Regulations or guidelines.--Not later than 120 days 
        after the date of enactment of this part, the Secretary shall 
        publish proposed regulations or guidelines implementing this 
        part. Not later than 180 days after the date of enactment, the 
        Secretary shall publish final regulations or guidelines 
        implementing this part.
    ``(f) Definitions.--In this part--
            ``(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 and includes 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, 
        nongovernmental 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 
        counseling 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 
each of the 4 succeeding fiscal years.''.
    (b) Procedures for the Report of Sexual Assaults.--Title XII is 
further amended by adding after section 1214 (as added by subsection 
(a)) the following new section:

``SEC. 1215. NATIONAL BASELINE STUDY ON UNIVERSITY CAMPUS PROCEDURES IN 
              CASE OF A REPORT OF SEXUAL ASSAULT.

    ``(a) Study.--The Secretary of Education, in consultation with the 
Department of Justice, shall provide for a national baseline study to 
examine college and university procedures upon receiving the report of 
a sexual assault.
    ``(b) Report.--The study required by subsection (a) shall include 
the analysis of--
            ``(1) the existence and publication of the institution's 
        and State law definition of sexual assault;
            ``(2) the existence and publication of the institution's 
        formal policy for campus sexual assaults;
            ``(3) to whom reports are stated most often and--
                    ``(A) how these authorities are trained to deal 
                with the reports; and
                    ``(B) the extent to which they are trained;
            ``(4) the reporting options which are articulated to the 
        victim or victims of the crime--
                    ``(A) on-campus reporting and procedure options; 
                and
                    ``(B) off-campus (State) reporting and procedure 
                options;
            ``(5) the resources available for victims' safety, support, 
        medical health, and confidentiality, including--
                    ``(A) how well these resources are articulated both 
                specifically to the victim of sexual assault and 
                generally to the campus at large; and
                    ``(B) the security of these resources in terms of 
                confidentiality or reputation or both;
            ``(6) policies and practices that may prevent or discourage 
        the reporting of campus sexual assaults to local criminal 
        authorities, 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 
        disciplining the perpetrator, including--
                    ``(A) the format for collecting evidence; and
                    ``(B) the format of the investigation and 
                disciplinary proceeding itself--
                            ``(i) the faculty responsible for running 
                        the disciplinary procedure; and
                            ``(ii) the persons allowed to attend the 
                        disciplinary procedure; and
            ``(9) types of punishment for offenders, including--
                    ``(A) whether case directed outside to further 
                punishment; and
                    ``(B) how individual institutions of higher 
                education punish perpetrators.
    ``(c) Submission of Report.--The report required by subsection (b) 
shall be submitted to Congress no later than September 1, 1999.
    ``(d) Definition.--For purposes of this section, the term `campus 
sexual assaults' includes 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 are authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 
1999.''.

SEC. 7. GRADUATE PROGRAM AUTHORIZED.

    Title IX of the Act is amended to read as follows:

            ``TITLE IX--NATIONAL GRADUATE FELLOWSHIP PROGRAM

``SEC. 901. STATEMENT OF PURPOSE.

    ``It is the purpose of this title to authorize a national graduate 
fellowship program in order to attract students of superior ability, 
demonstrated achievement, and exceptional promise into high-quality 
graduate programs and provide them with the financial support necessary 
to complete graduate programs for the purpose of increasing the number 
of talented students pursuing teaching and research careers in areas of 
national need; encouraging talented students to pursue scholarly 
careers in the humanities, social sciences and the arts; and increasing 
the number of talented students from groups underrepresented in 
graduate education to pursue faculty careers in higher education.

``SEC. 902. PROGRAM AUTHORIZED.

    ``(a) In General.--
            ``(1) Authority.--The Secretary shall, either directly or 
        by contract as authorized by paragraph (2) of this subsection, 
        carry out the graduate fellowship program authorized by this 
        title.
            ``(2) Special contracting rule.--The Secretary is 
        authorized to enter into a contract with a nongovernmental 
        organization which demonstrates the capacity to administer 
        graduate fellowship programs, to carry out all or part of the 
        functions of the Secretary under this title.
    ``(b) Degree Rule.--The fellowships authorized by this title shall 
be awarded to students intending to pursue a doctoral degree, except 
that fellowships may be awarded to students pursuing a master's degree 
in fields in which the master's degree is commonly accepted as the 
appropriate degree for a tenured-track faculty position in a 
baccalaureate degree-granting institution, or for fellowships for 
scholars from underrepresented groups, masters programs that place a 
substantial portion of their graduates in doctoral programs.
    ``(c) Geographic Distribution.--In awarding grants under this title 
(other than fellowships awarded under section 907), and to the extent 
practicable, the Secretary shall ensure--
            ``(1) an equitable geographic distribution of such grants; 
        and
            ``(2) that both public and private institutions of higher 
        education are fairly represented among the grant recipients.
    ``(d) Peer Review Procedure.--The Secretary shall use a peer review 
process in awarding grants and fellowships under this title. In 
carrying out this subsection, the Secretary shall use distinguished 
academic scholars from appropriate disciplines to judge the quality and 
effectiveness of academic programs and the achievement and promise of 
students applying to the program authorized by this title.

``SEC. 903. FELLOWSHIPS AUTHORIZED.

    ``(a) In General.--Both--
            ``(1) the institution of higher education (and academic 
        department or program of such an institution) receiving a grant 
        under this title for fellowships described in section 906 and 
        908; and
            ``(2) the Secretary in the case of fellowships described in 
        section 907;
shall award fellowships in an amount equal to the amount awarded to 
National Science Foundation graduate fellowship recipients for the year 
in which the fellowship is awarded, or an amount based on the financial 
need of the recipient (as determined by the institution), whichever is 
less.
    ``(b) Institutional Payments.--
            ``(1) In general.--The Secretary shall (in addition to 
        stipends paid to individuals under this title) pay to the 
        institution of higher education, for each individual awarded a 
        fellowship under this title at such institution, an 
        institutional allowance. Except as provided in paragraph (2), 
        such allowance shall, with respect to individuals who first 
        receive fellowships during or after academic year 1998-1999, 
        be--
                    ``(A) $10,000 for the academic year 1998-1999; and
                    ``(B) for succeeding academic years, $10,000 
                adjusted annually thereafter in accordance with 
                inflation as determined by the Department of Labor's 
                Consumer Price Index for the previous calendar year.
            ``(2) Reduction.--The institutional allowance paid under 
        paragraph (1) shall be reduced by the amount the institution 
        charges and collects from a fellowship recipient for tuition 
        and other expenses as part of the recipient's instructional 
        program.
    ``(c) Duration.--The fellowships awarded under this title shall be 
3 years.
    ``(d) Use for Religious Purposes Prohibited.--No fellowship may be 
awarded under this title for study at a school or department of 
divinity.

``SEC. 904. FELLOWSHIP CONDITIONS.

    ``(a) Requirements for Recipients.--An individual awarded a 
fellowship under this title shall continue to receive the payments 
provided in section 903 only during such periods as the institution of 
higher education determines that the individual is maintaining 
satisfactory proficiency in, and devoting essentially full time to, 
study or research in the field in which such fellowship was awarded, in 
an institution of higher education, and is not engaging in gainful 
employment other than part-time employment by such institution in 
teaching, research, or similar activities, approved by the Secretary.
    ``(b) Reports From Recipients.--The Secretary is authorized to 
require reports from institutions attended by individuals awarded 
fellowships under this title to verify that the individuals are 
devoting essentially full time to the program for which the fellowship 
was awarded.

``SEC. 905. CONSULTATION.

    ``(a) In General.--After consultation with the National Research 
Council of the National Academy of Sciences, the National Academy of 
Engineering, and the Institute of Medicine, and other appropriate 
Federal and nonprofit agencies and organizations, the Secretary shall--
            ``(1) designate areas of national need;
            ``(2) set the minimum allocation for selections of fellows 
        in the humanities, social sciences, and the arts; and
            ``(3) set forth the academic disciplines in which there is 
        underrepresentation.
In making designations under paragraph (1), the Secretary shall take 
into account the extent to which the interest is compelling and the 
extent to which other Federal programs support postbaccalaureate study 
in the area concerned.
    ``(b) Special Payment Rule.--The Secretary is authorized to pay the 
expenses of the National Research Council in carrying out subsection 
(a).

``SEC. 906. FELLOWSHIPS IN AREAS OF NATIONAL NEED.

    ``(a) In General.--The Secretary shall make grants to academic 
departments and programs and other academic units of institutions of 
higher education that provide courses of study leading to a graduate 
degree in order to enable such institutions to promote careers in 
teaching, or research, or both, in areas of national need.
    ``(b) Eligibility Criteria.--Any academic department or program of 
an institution of higher education that offers a program of 
postbaccalaureate study leading to a graduate degree in an area of 
national need (as designated under section 905(a)(1)) may apply for a 
grant under this section. No department or program shall be eligible 
for a grant unless the program of postbaccalaureate study has been in 
existence for at least 4 years at the time of application for 
assistance under this title.

``SEC. 907. FELLOWSHIPS IN THE HUMANITIES, SOCIAL SCIENCES, AND ARTS.

    ``(a) In General.--The Secretary shall award fellowships, in 
accordance with the provisions of this title, for graduate study in the 
humanities, social sciences, and the arts by students of superior 
ability.
    ``(b) Superior Ability Rule.--The Secretary shall base 
determinations of the superior ability of a student upon demonstrated 
achievement and exceptional promise.
    ``(c) Selection Criteria and Process.--The Secretary shall--
            ``(1) establish criteria for the distribution of 
        fellowships among eligible academic fields, after the 
        consultation required by section 905(a)(2); and
            ``(2) appoint panels of academic scholars with 
        distinguished backgrounds in the humanities, social sciences, 
        and the arts for the selection of fellows and use peer review 
        procedures in the selection process.
    ``(d) Fellowship Portability.--Each recipient under this section 
may use the fellowship in a graduate program at any institution of 
higher education at which the student may decide to enroll.

``SEC. 908. FELLOWSHIPS FOR SCHOLARS FROM UNDERREPRESENTED GROUPS.

    ``(a) In General.--The Secretary shall make grants to institutions 
of higher education, or consortia of such institutions, to enable such 
institutions to award fellowships to talented graduate students in 
order to enhance the access of individuals from underrepresented groups 
to pursue graduate study, and to teach in institutions of higher 
education.
    ``(b) Underrepresented Groups Defined.--For the purpose of this 
title, the term `underrepresented groups' means African Americans, 
Hispanic Americans, Asian Americans, Native Americans, Pacific 
Islanders, Native Hawaiians, and women who are pursuing graduate study 
in academic disciplines in which they are underrepresented.
    ``(c) Distribution Rule.--Each institution of higher education or 
consortium receiving a grant under this section shall ensure that 
during the period of the grant there is an equitable distribution of 
fellowships under this section among underrepresented groups.
    ``(d) Preference.--The Secretary shall give preference, in making 
grants under this section, to institutions of higher education, or 
consortia, which have a demonstrated record of enrolling talented 
individuals from groups underrepresented in their graduate programs and 
placing them in academic positions.
    ``(e) Evaluation.--The Secretary shall evaluate the success of 
recipients of grants under this section in attracting underrepresented 
students into graduate programs, graduating the students, and placing 
the graduates in faculty positions.

``SEC. 909. INSTITUTIONAL APPLICATIONS.

    ``(a) Application Required.--Each academic department or program of 
an institution of higher education desiring a grant under section 906 
and each institution of higher education or consortium desiring a grant 
under section 908 shall submit an application to the Secretary at such 
time, in such manner and containing such information as the Secretary 
may reasonably require.
    ``(b) Additional Assurances.--Each application submitted pursuant 
to subsection (a) shall--
            ``(1) provide assurances that, in the event that funds made 
        available to the academic department or program under this 
        title are insufficient to provide assistance due a student 
        under a commitment entered into between the academic department 
        and the student, the academic department or program will 
        endeavor, from funds available to it, to fulfill the commitment 
        made to the student; and
            ``(2) contain such other assurances as the Secretary may 
        reasonably require.
    ``(c) Approval of Applications.--The Secretary shall prescribe 
criteria for the approval of applications submitted under subsection 
(a).

``SEC. 910. SAVINGS PROVISION.

    ``(a) In General.--Each fellow under this title, as in effect prior 
to the enactment of this section, who has not completed the course of 
study for which the fellowship was awarded on the day before the date 
of enactment of this section may continue to receive the fellowship for 
academic year 1998-1999, in accordance with the applicable provisions 
of this title then in effect.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the provisions 
of subsection (a) of this section.

``SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
(other than section 910) $110,000,000 for fiscal year 1998 and such 
sums as may be necessary for each of the 4 succeeding fiscal years.''.

SEC. 8. DISCLOSURE OF CRIMES REPORTED AND DAILY CRIME LOG.

    (a) Annual Statistics.--Section 485(f)(1)(F) (20 U.S.C. 
1092(f)(1)(F)) is amended--
            (1) by striking ``campus security authorities or local 
        police agencies'' and inserting ``campus security or law 
        enforcement; other campus officials (including administrators, 
        deans, disciplinary officers, athletic department officials, 
        and resident advisers) to whom crimes are reported; or local 
        law enforcement'';
            (2) by striking clauses (i) through (vi) and inserting the 
        following:
                    ``(i) homicide, including--
                            ``(I) murder or nonnegligent manslaughter; 
                        or
                            ``(II) negligent manslaughter;
                    ``(ii) sexual assaults;
                    ``(iii) robbery;
                    ``(iv) aggravated assault;
                    ``(v) burglary;
                    ``(vi) larceny;
                    ``(vii) motor vehicle theft; and
                    ``(viii) a crime that manifests evidence of 
                prejudice based on race, religion, disability, gender, 
                sexual orientation, or ethnicity, including where 
                appropriate the crimes of murder, nonnegligent 
                manslaughter; forcible rape; aggravated assault, simple 
                assault, intimidation; arson; and destruction, damage 
                or vandalism of property.''.
    (b) Annual Submission.--Paragraph (4) of section 485(f) (20 U.S.C. 
1092(f)(4)) is amended to read as follows:
    ``(4)(A) Each institution participating in any program under this 
title shall annually submit to the Secretary a copy of the statistics 
required to be made available pursuant to paragraphs (1)(F) and (1)(H).
    ``(B) The Secretary shall collect such statistics and report each 
set in its entirety, with each institution and campus clearly 
identified, to the Committee on Education and the Workforce of the 
House of Representatives, the Committee on Labor and Human Resources of 
the Senate, each participating institution, and the public via printed 
means, the Internet, and such other means as the Secretary shall 
determine. This report shall be issued on or before February 1 of each 
year.''.
    (c) Compilation Method.--Paragraph (6) of section 485(f) (20 U.S.C. 
1092(f)(6)) is amended to read as follows:
    ``(6)(A) The statistics described in paragraphs (1)(F) and (1)(H) 
shall be compiled in accordance with the standards and definitions used 
in the uniform crime reporting system of the Department of Justice, 
Federal Bureau of Investigation, and the modifications in such 
standards and definitions as implemented pursuant to the Hate Crime 
Statistics Act (28 U.S.C. 534, note).
    ``(B)(i) The accuracy of the statistics described in paragraphs 
(1)(F) and (1)(H) shall be certified by an official designated by each 
institution who is charged with compiling statistics for inclusion. 
Such official shall also be responsible for disseminating the 
information required under this paragraph as well as the monthly 
reports required under paragraph (4)(B).
    ``(ii) Such official shall ensure to the maximum possible extent 
that the annual statistics required under this paragraph are not 
duplicative of incidents included in the reports required under 
paragraph (4)(B).
    ``(iii) Such official shall also be responsible for coordinating 
and disseminating information regarding campus-based and community-
based crime prevention programs.
    ``(iv) Such official shall not identify victims of crimes or those 
accused of crimes in publishing the statistics described in paragraphs 
(1)(F) and (1)(H) or disseminating information as described in 
paragraph (4)(B).''.
    (d) Crime Logs.--Section 485(f) is further amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
    ``(4)(A) Each institution participating in any program under this 
title which maintains either a police or security department of any 
kind shall make a monthly report written in a form that can be easily 
understood, that records in chronological order all crimes reported to 
such police or security department. Such records shall not identify 
victims of the crime or persons accused of the crime, but shall 
include, in a manner determined by the Secretary--
            ``(i) the nature, date, time, and general location of each 
        crime; and
            ``(ii) the disposition of the complaint, if known.
    ``(B) All entries which are required pursuant to this paragraph 
shall, except where disclosure of such information is prohibited by 
law, be open to public inspection within one month of the initial 
report being made to the department, a campus security authority, or 
other campus official.
    ``(C) Monthly reports shall be disseminated through at least the 
following means: campus-sponsored publications (including student 
newspapers), notice through resident advisory organizations, and 
electronic networks.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on January 1, 1998.

SEC. 9. EXEMPTION OF ALLEGATIONS OF CRIMINAL ACTIVITY FROM EDUCATION 
              RECORDS DEFINITION.

    (a) Amendment.--Section 444(a)(4)(B) of the General Education 
Provisions Act (20 U.S.C. 1232g(a)(4)(B)) is amended--
            (1) by redesignating clauses (iii) and (iv) as clauses (iv) 
        and (v), respectively; and
            (2) by inserting after clause (ii) the following new 
        clause:
            ``(iii) records which are made or maintained by any 
        officer, office, department, or individual employee of an 
        educational agency or institution about--
                    ``(I) individuals who have been found guilty of, or 
                have pled guilty to, committing or participating in any 
                criminal activity as defined in local, State, or 
                Federal law alleged to have occurred while the 
                individual was a student in attendance, including audit 
                or noncredit, at an educational agency or institution;
                    ``(II) the findings of any campus disciplinary 
                proceedings;
                    ``(III) the sanctions incurred (if any), and any 
                subsequent findings or amendments to such sanctions;
                    ``(IV) findings of guilt of criminal misconduct and 
                related sanctions from any previously attended 
                educational agencies or institutions where such records 
                were created on or after September 1, 1998, and which 
                are maintained by the institution currently or most 
                recently attended by the individual; and
                    ``(V) any criminal acts required to be reported 
                under paragraph (1)(F), (1)(H), or (4) of section 
                485(f) of the Higher Education Act of 1965 (20 U.S.C. 
                1092(f)).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on September 1, 1998.

SEC. 10. PROGRAM PARTICIPATION AGREEMENT ENFORCEMENT.

    (a) Program Participation Agreement Requirements.--Section 
487(a)(12) (20 U.S.C. 1094(a)(12)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the policies and crime statistics disclosed 
                under section 485(f) are comprehensive and accurate.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on September 1, 1998.

SEC. 11. REPORT ON MODEL PROGRAMS.

    (a) Report Required.--The Attorney General and the Secretary of 
Education shall publish annually a report identifying model programs 
for improving campus safety and complying with the requirements of 
section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), 
including an identification of programs at institutions of varying 
sizes and purposes.
    (b) Dissemination of Report.--The report required by subsection (a) 
shall--
            (1) be transmitted to the Committee on the Judiciary and 
        the Committee on Education and the Workforce of the House of 
        Representatives, and the Committee on the Judiciary and the 
        Committee on Labor and Human Resources of the Senate; and
            (2) be provided to each participating institution and the 
        public via printed means, the Internet, and such other means as 
        the Secretary of Education shall determine.
                                 <all>