[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 145 Engrossed in House (EH)]


                 In the House of Representatives, U.S.,

                                                          May 13, 1997.
    Resolved, That upon the adoption of this resolution the bill (H.R. 914), to 
make certain technical corrections in the Higher Education Act of 1965 relating 
to graduation data disclosures, shall be considered to have been taken from the 
Speaker's table to the end that the Senate amendments thereto be, and the same 
are hereby, agreed to with amendments as follows:
    Insert before section 1 the following:

                          TITLE I--TECHNICAL AMENDMENTS

    Redesignate sections 1 through 5 as sections 101 through 105, and at the end 
of the bill add the following:

SEC. 106. PAYMENTS RELATING TO FEDERAL PROPERTY.

    Section 8002(i) of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7702(i)) is amended to read as follows:
    ``(i) Priority Payments.--
            ``(1) In general.--Notwithstanding subsection (b)(1)(B), and for any 
        fiscal year beginning with fiscal year 1997 for which the amount 
        appropriated to carry out this section exceeds the amount so 
        appropriated for fiscal year 1996--
                    ``(A) the Secretary shall first use the excess 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 described.--A local educational 
        agency described in this paragraph is a local educational agency that--
                    ``(A) received a payment under this section for fiscal year 
                1996;
                    ``(B) serves a school district that contains all or a 
                portion of a United States military academy;
                    ``(C) serves a school district in which the local tax 
                assessor has certified that at least 60 percent of the real 
                property is federally owned; and
                    ``(D) demonstrates to the satisfaction of the Secretary that 
                such agency's per-pupil revenue derived from local sources for 
                current expenditures is not less than that revenue for the 
                preceding fiscal year.''.

                    TITLE II--COST OF HIGHER EDUCATION REVIEW

SEC. 201. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Cost of Higher Education 
Review Act of 1997''.
    (b) Findings.--The Congress finds the following:
            (1) According to a report issued by the General Accounting Office, 
        tuition at 4-year public colleges and universities increased 234 percent 
        from school year 1980-1981 through school year 1994-1995, while median 
        household income rose 82 percent and the cost of consumer goods as 
        measured by the Consumer Price Index rose 74 percent over the same time 
        period.
            (2) A 1995 survey of college freshmen found that concern about 
        college affordability was the highest it has been in the last 30 years.
            (3) Paying for a college education now ranks as one of the most 
        costly investments for American families.

SEC. 202. ESTABLISHMENT OF NATIONAL COMMISSION ON THE COST OF HIGHER EDUCATION.

    There is established a Commission to be known as the ``National Commission 
on the Cost of Higher Education'' (hereafter in this Act referred to as the 
``Commission'').

SEC. 203. MEMBERSHIP OF COMMISSION.

    (a) Appointment.--The Commission shall be composed of 7 members as follows:
            (1) Two individuals shall be appointed by the Speaker of the House.
            (2) One individual shall be appointed by the Minority Leader of the 
        House.
            (3) Two individuals shall be appointed by the Majority Leader of the 
        Senate.
            (4) One individual shall be appointed by the Minority Leader of the 
        Senate.
            (5) One individual shall be appointed by the Secretary of Education.
    (b) Additional Qualifications.--Each of the individuals appointed under 
subsection (a) shall be an individual with expertise and experience in higher 
education finance (including the financing of State institutions of higher 
education), Federal financial aid programs, education economics research, public 
or private higher education administration, or business executives who have 
managed successful cost reduction programs.
    (c) Chairperson and Vice Chairperson.--The members of the Commission shall 
elect a Chairperson and a Vice Chairperson. In the absence of the Chairperson, 
the Vice Chairperson will assume the duties of the Chairperson.
    (d) Quorum.--A majority of the members of the Commission shall constitute a 
quorum for the transaction of business.
    (e) Appointments.--All appointments under subsection (a) shall be made 
within 30 days after the date of enactment of this Act. In the event that an 
officer authorized to make an appointment under subsection (a) has not made such 
appointment within such 30 days, the appointment may be made for such officer as 
follows:
            (1) The Chairman of the Committee on Education and the Workforce may 
        act under such subsection for the Speaker of the House of 
        Representatives.
            (2) The Ranking Minority Member of the Committee 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 subsection for the Majority Leader of the Senate.
            (4) The Ranking Minority Member of the Committee 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, allowances, or benefits by reason of their service on the 
Commission. Members appointed from among private citizens of the United States 
may be allowed travel expenses, including per diem, in lieu of subsistence, as 
authorized by law for persons serving intermittently in the government service 
to the extent funds are available for such expenses.
    (i) Initial Meeting.--The initial meeting of the Commission shall occur 
within 40 days after the date of enactment of this Act.

SEC. 204. FUNCTIONS OF COMMISSION.

    (a) Specific Findings and Recommendations.--The Commission shall study and 
make findings and specific recommendations regarding the following:
            (1) The increase in tuition compared with other commodities and 
        services.
            (2) Innovative methods of reducing or stabilizing tuition.
            (3) Trends in college and university administrative costs, including 
        administrative staffing, ratio of administrative staff to instructors, 
        ratio of administrative staff to students, remuneration of 
        administrative staff, and remuneration of college and university 
        presidents or chancellors.
            (4) Trends in (A) faculty workload and remuneration (including the 
        use of adjunct faculty), (B) faculty-to-student ratios, (C) number of 
        hours spent in the classroom by faculty, and (D) tenure practices, and 
        the impact of such trends on tuition.
            (5) Trends in (A) the construction and renovation of academic and 
        other collegiate facilities, and (B) the modernization of facilities to 
        access and utilize new technologies, and the impact of such trends on 
        tuition.
            (6) The extent to which increases in institutional financial aid and 
        tuition discounting have affected 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 institutions 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 reducing those mandates.
            (8) The establishment of a mechanism for a more timely and 
        widespread distribution of data on tuition trends and other costs of 
        operating colleges and universities.
            (9) The extent to which student financial aid programs have 
        contributed to changes in tuition.
            (10) Trends in State fiscal policies that have 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 appropriate 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 findings and conclusions of 
        the Commission, including the Commission's recommendations for 
        administrative and legislative action that the Commission considers 
        advisable.
            (2) Majority vote required for recommendations.--Any recommendation 
        described in paragraph (1) shall be made by the Commission to the 
        President and to the Congress only if such recommendation is adopted by 
        a majority vote of the members of the Commission who are present and 
        voting.
            (3) Evaluation of different circumstances.--In making any findings 
        under subsection (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 population, and the availability of the 
        institution's resources, including the size of the institution's 
        endowment.

SEC. 205. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may, for the purpose of carrying out this Act, 
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 request from the head of any 
        Federal agency or instrumentality such information as the Commission may 
        require for the purpose of this Act. Each such agency or instrumentality 
        shall, to the extent permitted by law and subject to the exceptions set 
        forth in section 552 of title 5, United States Code (commonly referred 
        to as the Freedom of Information Act), furnish such information to the 
        Commission, upon request made by the Chairperson of the Commission.
            (2) Facilities and services, personnel detail authorized.--Upon 
        request of the Chairperson of the Commission, the head of any Federal 
        agency or instrumentality shall, to the extent possible 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 Commission in carrying out the Commission's duties 
                under this Act.
    (d) Mails.--The Commission may use the United States mails in the same 
manner and under the same conditions as other Federal agencies.
    (e) Contracting.--The Commission, to such extent and in such amounts as are 
provided in appropriation Acts, may enter into contracts with State agencies, 
private firms, institutions, and individuals for the purpose of conducting 
research or surveys necessary to enable the Commission to discharge the 
Commission's duties under this Act.
    (f) Staff.--Subject to such rules and regulations as may be adopted by the 
Commission, and to such extent and in such amounts as are provided in 
appropriation Acts, the Chairperson of the Commission shall have the power to 
appoint, terminate, and fix the compensation (without regard to the provisions 
of title 5, United States Code, governing appointments in the competitive 
service, and without regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of such title, or of any other provision, or of any other 
provision of law, relating to the number, classification, and General Schedule 
rates) of an Executive Director, and of such additional staff as the Chairperson 
deems advisable to assist the Commission, at rates not to exceed a rate equal to 
the maximum rate for level IV of the Executive Schedule under section 5332 of 
such title.

SEC. 206. EXPENSES OF COMMISSION.

    There are authorized to be appropriated to pay any expenses of the 
Commission such sums as may be necessary not to exceed $650,000. Any sums 
appropriated for such purposes are authorized to remain available until 
expended, or until one year after the termination of the Commission pursuant to 
section 207, whichever occurs first.

SEC. 207. TERMINATION OF COMMISSION.

    The Commission shall cease to exist on the date that is 60 days after the 
date on which the Commission is required to submit its final report in 
accordance with section 204(b).
            Attest:

                                                                          Clerk.