[Congressional Record Volume 144, Number 49 (Tuesday, April 28, 1998)]
[House]
[Pages H2424-H2439]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                                 H.R. 6

                         Offered By: Mr. Allen

       Amendment No. 10: Page 68, after line 11, insert the 
     following new section (and redesignate the succeeding section 
     and conform the table of contents accordingly):

     SEC. 206. TEACHER RECRUITMENT.

       (a) Future Math and Science Teacher Recruitment.--Title II 
     is further amended by adding at the end the following new 
     part:

         ``PART F--FUTURE MATH AND SCIENCE TEACHER RECRUITMENT

     ``SEC. 281A. SHORT TITLE; FINDINGS.

       ``(a) Short Title.--This part may be cited as the `Recruit 
     and Reward Future Math and Science Teachers of America Act of 
     1998'.
       ``(b) Findings.--Congress finds the following:
       ``(1) United States high school students rank 12th and 
     19th, respectively, in science and math out of 25 countries.
       ``(2) Of United States high school students who take 
     physical science and math courses, 48 percent and 49 percent, 
     respectively, are taught by teachers who did not prepare in 
     that field.
       ``(3) Teachers' knowledge and skills powerfully influence 
     student learning.
       ``(4) More than 2,000,000 teachers will need to be hired 
     over the next decade.
       ``(5) The ability of the United States to place highly 
     qualified math and science teachers specializing in their 
     field of instruction will depend on proactive policies that 
     increase funding for teacher training, recruitment, and 
     induction.

     ``SEC. 281B. PURPOSE; APPROPRIATIONS AUTHORIZED.

       ``(a) Purpose.--It is the purpose of this part to make 
     available, through a pilot program, 500 scholarship grants 
     and stipends to outstanding students enrolled in a nationally 
     accredited teacher training graduate program who are 
     committed to pursuing careers teaching math and science at an 
     urban or rural secondary level classroom.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this part 
     $5,000,000 in each of the fiscal years 1999, 2000, and 2001.

     ``SEC. 281C. SCHOLARSHIP DESIGNATION AND SELECTION CRITERIA.

       ``(a) Scholarship Designation.--Funds made available under 
     this part shall be designated as the `National Math and 
     Science Teacher Scholarships'.
       ``(b) Selection Criteria.--The Secretary of Education may 
     award funds for National Math and Science Teacher 
     Scholarships on a competitive basis to qualifying higher 
     education institutions with graduate programs in teacher 
     training. The Secretary may not provide any individual higher 
     education institution more than $100,000 per academic year 
     for the purpose of the National Math and Science Teacher 
     Scholarships. An institution applying for such Scholarships 
     may only be eligible to receive funds if such institution--
       ``(1) meets nationally accredited teacher training graduate 
     program standards; or
       ``(2) demonstrates to the Secretary that at least 90 
     percent of the graduates of such a graduate teacher training 
     program take, and on their first attempt pass, the State 
     teacher qualification assessments for new teachers.

     ``SEC. 281D. INDIVIDUAL SCHOLARSHIP ELIGIBILITY.

       ``An individual may be eligible for a National Math and 
     Science Teacher Scholarship only if such individual--
       ``(1) is a citizen or national of the United States or an 
     alien lawfully admitted to the United States for permanent 
     residence;
       ``(2) is majoring in a physical or life science or 
     mathematics graduate teacher training program;
       ``(3) is enrolled in a higher education institution that--
       ``(A) meets nationally accredited teacher training graduate 
     program standards; or
       ``(B) demonstrates to the Secretary that at least 90 
     percent of the graduates of such a graduate teacher training 
     program who enter the field of teaching take, and on their 
     first attempt pass, the State teacher qualification 
     assessments for new teachers; and
       ``(4) is willing to be teacher certified or licensed and 
     commit themselves to teaching math or science in a rural or 
     urban public secondary school for no less than 3 full 
     academic years.

     ``SEC. 281E. SCHOLARSHIP AMOUNT.

       ``(a) Amount of Award.--The amount of scholarship awarded 
     by participating teacher training graduate programs under 
     this part for any academic year shall be $10,000 per student.
       ``(b) Assistance Not To Exceed Cost of Attendance.--No 
     individual shall receive an award under this part in any 
     academic year which exceeds the cost of attendance. A 
     scholarship awarded under this part shall not be reduced on 
     the basis of the student's receipt of other forms of Federal 
     student financial assistance, but shall be taken into account 
     in determining the eligibility of the student for those forms 
     of Federal student financial assistance.

     ``SEC. 281F. AGREEMENT; GRANT AND STIPEND REPAYMENT 
                   PROVISIONS.

       ``(a) Agreement.--Recipients of the National Math and 
     Science Teachers Scholarships shall agree to teach in an 
     urban or rural public secondary school for no less than 3 
     full academic years.
       ``(b) Repayment for Failure to Fulfill Agreement.--Any 
     recipients of a Scholarship found by the Secretary to be in 
     noncompliance with the agreement entered into under 
     subsection (a) of this section shall be required to repay a 
     pro rata amount of the scholarship awards received, plus 
     interest and, where applicable, reasonable collection fees, 
     on a schedule and at a rate of interest prescribed by the 
     Secretary by regulations.

     ``SEC. 281G. EXCEPTIONS TO REPAYMENT PROVISIONS.

       ``An individual recipient of a Scholarship under this part 
     shall not be considered in violation of the agreement entered 
     into pursuant to section 281F during any period in which the 
     recipient--
       ``(1) is pursuing a full-time course of study in math and 
     science at an accredited institution;

[[Page H2425]]

       ``(2) is serving, not in excess of 3 years, as a member of 
     the armed services of the United States;
       ``(3) is totally disabled for a period of time not to 
     exceed 3 years as established by sworn affidavit of a 
     qualified physician;
       ``(4) is seeking and unable to find full-time employment 
     for a single period not to exceed 12 months;
       ``(5) is seeking and unable to find full-time employment as 
     a math and science teacher in a public or private nonprofit 
     elementary or secondary school or education program for a 
     single period not to exceed 27 months; or
       ``(6) satisfies the provision of additional repayment 
     exceptions that may be prescribed by the Secretary in 
     regulations issued pursuant to this section.

     ``SEC. 281H. REPORT TO CONGRESS.

       ``On or before January 29, 2002, the Secretary of Education 
     shall submit a report to Congress evaluating the success of 
     the National Math and Science Teacher Scholarships pilot 
     program in recruiting math and science teachers to teach in 
     America's public secondary schools.''.

                                 H.R. 6

                         Offered By: Mr. Allen

       Amendment No. 11: Page 267, after line 11, insert the 
     following new subsection (and redesignate the succeeding 
     subsections accordingly):
       (d) Financial Responsibility for Refunds and During 
     Provisional Certification.--
       (1) Amendment.--Section 498(e) is amended by adding at the 
     end the following new paragraphs:
       ``(6) Notwithstanding any other provision of law, any 
     person required to pay, on behalf of a student or borrower, a 
     refund of unearned institutional charges to a lender, or the 
     Secretary, who willfully fails to pay such refund or 
     willfully attempts in any manner to evade payment of such 
     refund, shall, in addition to other penalties provided by 
     law, be liable to the Secretary for the amount of the refund 
     not paid, to the same extent with respect to such refund that 
     such an individual would be liable as a responsible person 
     for a penalty under section 6672(a) of title 26, United 
     States Code, with respect to the nonpayment of taxes.
       ``(7) Notwithstanding any other provision of law, a 
     proprietary institution of higher education, as defined in 
     section 481(b), may be provisionally certified under 
     subsection (h) only if it provides the Secretary with 
     financial guarantees from one or more individuals whom the 
     Secretary determines, in accordance with subsection (e)(2), 
     exercise substantial control over such institution. Such 
     financial guarantees shall be in addition to any financial 
     guarantees otherwise required from the institution and shall 
     be in an amount determined by the Secretary to be sufficient 
     to satisfy the institution's potential liability to the 
     Federal Government, student assistance recipients, and other 
     program participants for funds under this title during the 
     period of provisional certification.''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) relating to responsibility for unpaid refunds, shall be 
     effective with respect to any unpaid refunds that were first 
     required to be paid to a lender or to the Secretary on or 
     after 90 days after the date of enactment of this Act;
       (B) relating to financial guarantees required for 
     provisional certification, shall be effective with respect to 
     any proprietary institution of higher education provisionally 
     certified by the Secretary on or after the date of enactment 
     of this Act.
       Page 269, after line 4, insert the following new 
     subsection:
       (i) Change in Status.--
       (1) Amendment.--Section 498(i)(2) is amended by striking 
     subparagraph (E) and inserting the following new 
     subparagraph:
       ``(E) the change in tax filing status of an institution 
     from for-profit to non-profit; or''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective on the date of the enactment of this Act.

                                 H.R. 6

                        Offered By: Mr. Andrews

       Amendment No. 12: Page 153, before line 13, insert the 
     following new subsection (and redesignate the succeeding 
     subsections accordingly):
       ``(b) Consolidation Loans.--Notwithstanding any provision 
     of subsection (a), with respect to any consolidation loan 
     made under section 428C for which the first disbursement is 
     made on or after July 1, 1998, the applicable rate of 
     interest shall, during any 12-month period beginning on July 
     1 and ending on June 30, be determined on the preceding June 
     1 and be equal to--
       ``(1) the bond equivalent rate of 91-day Treasury bills 
     auctioned at the final auction held prior to such June 1; 
     plus
       ``(2) 2.3 percent,

     except that such rate shall not exceed 8.25 percent.

                                 H.R. 6

                        Offered By: Mr. Andrews

       Amendment No. 13: Page 154, line 18, strike ``2.8 percent'' 
     and insert ``2.3 percent''.
       Page 155, strike lines 2 and 3 and insert the following:

     paragraph shall be applied by substituting `1.7 percent' for 
     `2.3 percent.
       In clause (iv) as amended by the Manager's amendment to 
     page 155, lines 12 through 23, relating to consolidation 
     loans, strike ``for `2.8 percent', subject'' and insert ``for 
     `2.3 percent', subject''.

                                 H.R. 6

                        Offered By: Mr. Andrews

       Amendment No. 14: Page 156, after line 3, insert the 
     following new section (and redesignate the succeeding 
     sections and conform the table of contents accordingly):

     SEC. 417. INCOME CONTINGENT REPAYMENT UNDER THE FFEL PROGRAM.

       Part B of title IV is amended by inserting after section 
     427A (20 U.S.C. 1077a) the following new section:

     ``SEC. 427B. INCOME CONTINGENT REPAYMENT OPTION

       ``(a) Availability of Option.--
       ``(1) Individual loans.--An individual who has only one 
     loan outstanding under this part shall, not more than 6 
     months prior to the date on which the borrower's first 
     payment is due, be offered by the lender the option of 
     repaying the loan in accordance with this section.
       ``(2) Multiple loans.--An individual who has two or more 
     loans outstanding under this part may obtain a consolidation 
     loan under section 428C for the purposes of obtaining the 
     option of repaying the loan in accordance with this section.
       ``(3) Direct loans.--An individual who has one or more 
     loans under part D of this title may obtain income contingent 
     repayment pursuant to section 455(e).
       ``(4) Restriction of option to new borrowers.--
     Notwithstanding paragraphs (1) through (3), the option of 
     repaying a loan in accordance with this section shall be 
     available only to borrowers who, on the date of enactment of 
     this section, do not have any outstanding balance of 
     principal or interest on any loan made under this part or 
     part D.
       ``(b) Terms of Repayment under Option.--
       ``(1) Loan obligations under option.--A loan that is 
     subject to repayment under this section shall be repaid in 
     installments that--
       ``(A) are determined in accordance with paragraph (2) for 
     each one year period beginning on July 1; and
       ``(B) notwithstanding the note or other written evidence of 
     the loan and subparagraphs (D) and (E) of section 428(b)(1), 
     shall continue to be paid until--
       ``(i) the borrower has repaid the principal and any accrued 
     or capitalized interest on the loan; or
       ``(ii) the remaining obligations of the borrower are 
     discharged under subsection (c).
       ``(2) Calculation of installments.--
       ``(A) Installment amounts.--The total amount that a 
     borrower shall be required to pay as installments on a loan 
     of such borrower that is subject to repayment under this 
     section is equal to--
       ``(i) one-fourth of the annual amount determined under 
     subparagraph (B), in the case of a loan that is repaid in 
     quarterly installments; or
       ``(ii) one-twelfth of such annual amount, in the case of a 
     loan that is repaid in monthly installments.
       ``(B) Annual amount.--The annual amount for a loan that is 
     subject to repayment under this section is determined for 
     each one year period beginning on July 1 of each calendar 
     year. The annual amount is determined by reference to the 
     taxable income of the borrower for the taxable year ending in 
     the calendar year preceding the calendar year in which the 
     determination is made. The annual amount is determined in 
     accordance with the following table:
       

                              Annual limit                              
------------------------------------------------------------------------
If the taxable income of the borrower is--   Then the annual amount is--
------------------------------------------------------------------------
Less than $20,000.........................  3% of taxable income        
$20,001-$40,000...........................  5% of taxable income        
$40,001-$60,000...........................  7% of taxable income        
$60,001-$90,000...........................  10% of taxable income       
$90,001-$120,000..........................  15% of taxable income       
$120,001 or more..........................  20% of taxable income       
------------------------------------------------------------------------

       ``(C) Special rule for joint returns.--If an individual who 
     is a borrower of a loan that is subject to repayment under 
     this section files a joint return for the taxable year on 
     which the annual amount is based, then the annual amount for 
     such individual is determined under subparagraph (B) by 
     treating the taxable income of such individual as equal to 
     one-half the taxable income indicated on such joint return.
       ``(3) Capitalization of unpaid interest.--If the amount 
     that any borrower pays as an installment under paragraph (2) 
     on a loan that is subject to repayment under this section is 
     less than the interest that has accrued since the preceding 
     installment, then the remaining unpaid interest shall be 
     added, not more frequently than quarterly, to the principal 
     amount of the loan. Such capitalization of interest shall not 
     be deemed to exceed the annual insurable limit on the account 
     of the borrower.
       ``(c) Discharge of Obligation.--
       ``(1) Unpaid balance remaining after 25 years.--If the 
     unpaid balance on a loan that is subject to repayment under 
     this section has not been repaid in full at the end of 25 
     years of repayment, then--
       ``(A) the Secretary shall repay the holder of such loan 
     such unpaid balance and the holder of the loans shall be 
     deemed to have a contractual right, as against the United 
     States, to receive from the Secretary such unpaid balance 
     without administrative delay after the receipt by the 
     Secretary of an accurate and complete request for payment; 
     and
       ``(B) such payment by the Secretary shall be applied to 
     discharge the borrower from any remaining obligation with 
     respect to the loan.

[[Page H2426]]

       ``(2) Unpaid balance.--For the purposes of paragraph (1), 
     the unpaid balance of a loan is the sum of unpaid principal 
     and unpaid accrued and capitalized interest, and any fees, 
     such as late charges, assessed on such loan in accordance 
     with the requirements of this part and the regulations 
     thereunder.
       ``(e) Information Needed for Collection.--
       ``(1) Access to taxpayer information.--The Secretary may 
     obtain such information as is reasonably necessary regarding 
     the taxable income of a borrower (and the borrower's spouse, 
     if applicable) of a loan that is subject to repayment under 
     this section for the purpose of determining the installment 
     caps under subsection (b)(2). Returns and return information 
     (as defined in section 6103 of the Internal Revenue Code of 
     1986) may be obtained under the preceding sentence only to 
     the extent authorized by section 6103(l)(13) of such Code.
       ``(2) Additional documents.--A borrower of a loan that is 
     subject to repayment under this section and for whom taxable 
     income is unavailable or does not reasonably reflect the 
     borrower's current income, shall provide to the Secretary 
     other documentation of income satisfactory to the Secretary.
       ``(3) Transmission of data to lenders.--The Secretary 
     shall, by regulation, establish procedures for the 
     transmission of data gathered under (1) and (2) to the lender 
     or holder of a loan that is subject to repayment under this 
     section.
       ``(4) Notification to borrowers.--The Secretary shall 
     establish procedures under which a borrower of a loan that is 
     subject to repayment under this section is notified of the 
     terms and conditions of such loan, including notification of 
     such borrower--
       ``(A) that the Internal Revenue Service will disclose to 
     the Secretary tax return information as authorized under 
     section 6103(l)(13) of the Internal Revenue Code of 1986; and
       ``(B) that if a borrower considers that special 
     circumstances, such as a loss of employment by the borrower 
     or the borrower's spouse, warrant an adjustment in the 
     borrower's loan repayment as determined using the information 
     described in subparagraph (A), or the alternative 
     documentation described in paragraph (2), the borrower may 
     contact the Secretary, who shall determine whether such 
     adjustment is appropriate, in accordance with criteria 
     established by the Secretary.
       ``(f) Definitions.--For purposes of this section:
       ``(1) Taxable income.--The taxable income of a borrower is 
     determined in the manner provided in section 63 of the 
     Internal Revenue Code of 1986.
       ``(2) Taxable year.--The term `taxable year' means the 
     taxable year of a taxpayer for purposes of subtitle A of such 
     Code.''.
       Page 204, after line 5, insert the following new section 
     (and redesignate the succeeding sections and conform the 
     table of contents accordingly):

     SEC. 438. INCOME CONTINGENT REPAYMENT UNDER THE FEDERAL 
                   DIRECT LOAN PROGRAM.

       Section 455(e) of the Higher Education Act of 1965 (20 
     U.S.C. 1087e(e)) is amended to read as follows:
       ``(e) Parallel income contingent repayment.--
       ``(1) In general.--The Secretary shall offer borrowers 
     under this part the option of repaying their loans in the 
     same manner as loans that are subject to repayment in 
     accordance with section 427B.
       ``(2) Exceptions.--The Secretary shall prescribe any 
     regulations necessary to implement the requirements of 
     paragraph (1).''.

                                 H.R. 6

                        Offered By: Mr. Andrews

       Amendment No. 15: Page 163, strike out lines 16 and 17 and 
     insert in lieu thereof the following:
       (p) Lenders-of-Last-Resort.--Section 428(j)(3) is amended--
       (1) in subparagraph (A)--
       (A) in the heading thereof, by striking ``during transition 
     to direct lending'';
       (B) by striking out ``during the transition from the 
     Federal Family Education Loan Program under this part to the 
     Federal Direct Student Loan Program under part D of the 
     title,'' and inserting a comma;
       (C) by inserting ``designated for a State'' immediately 
     after ``a guaranty agency''; and
       (D) by inserting ``subparagraph (C) and'' immediately 
     before ``section 422(c)(7),''; and
       (2) by adding at the end thereof the following new 
     subparagraph:
       ``(C) The Secretary shall exercise the authority described 
     in subparagraph (A) only if the Secretary determines that 
     eligible borrowers are seeking and are unable to obtain loans 
     under this part, and that the guaranty agency designated for 
     that State has the capability to provide lender-of-last-
     resort loans in a timely manner, in accordance with its 
     obligations under paragraph (1), but cannot do so without 
     advances provided by the Secretary under this paragraph. If 
     the Secretary makes the determinations described in the 
     preceding sentence and determines that it would be cost-
     effective to do so, the Secretary may provide advances under 
     this paragraph to that guaranty agency. If the Secretary 
     determines that guaranty agency does not have such 
     capability, or will not provide such loans in a timely 
     fashion, the Secretary may provide such advances to enable 
     another guaranty agency, that the Secretary determines to 
     have such capability, to make lender-of-last-resort loans to 
     eligible borrowers in that State who are experiencing loan 
     access problems.''.

                                 H.R. 6

                        Offered By: Mr. Andrews

       Amendment No. 16: Page 164, after line 25, insert the 
     following new subsection:
       (t) Notice of Availability of Income-sensitive Repayment 
     Option.--
       (1) Amendment.--Section 428 is further amended by adding at 
     the end the following new subsection:
       ``(o) Notice of Availability of Income-sensitive Repayment 
     Option.--At the time of offering a borrower a loan under this 
     part, and at the time of offering the borrower the option of 
     repaying a loan in accordance with this subsection, the 
     lender shall provide the borrower with a notice that informs 
     the borrower, in a form prescribed by the Secretary by 
     regulation--
       ``(1) that all borrowers are eligible for income-sensitive 
     repayment through loan consolidation under section 428C;
       ``(2) the procedures by which the borrower may elect 
     income-sensitive repayment; and
       ``(3) where and how the borrower may obtain additional 
     information concerning income-sensitive repayment.''.
       (2) Conforming amendments.--
       (A) Section 428(b)(1)(E)(i) is amended by inserting before 
     the semicolon the following: ``or of repaying the loan in 
     accordance with an income-sensitive repayment schedule 
     offered pursuant to section 428C''.
       (B) Section 485(b)(1)(A) is amended--
       (i) by striking ``and'' at the end of clause (i);
       (ii) by striking the period at the end of clause (ii) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(iii) the information required to be disclosed by lenders 
     pursuant to section 428(o).''.

                                 H.R. 6

                        Offered By: Mr. Andrews

       Amendment No. 17: Page 164, after line 25, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 417A. ADDITIONAL REDUCTIONS AND BENEFITS.

       (a) Lender and Holder Risk Sharing.--Section 428(b)(1)(G) 
     (20 U.S.C. 1078(b)(1)(G)) is amended by striking ``98 
     percent'' and inserting ``95 percent''.
       (b) Insurance Premiums.--Section 428(b)(1)(H) of such Act 
     is amended--
       (1) by inserting the clause designation ``(i)'' following 
     the subparagraph designation;
       (2) by striking ``the loan,'' and inserting ``any loan made 
     under section 428 or 428B before July 1, 1998,''; and
       (3) after clause (i) (as redesignated by paragraph (1)), by 
     adding ``and'' and the following new clause:
       ``(ii) provides that no insurance premiums shall be charged 
     to the borrower of any loan made under section 428 or 428B on 
     or after July 1, 1998;''.
       (c) Direct Loan Origination Fees.--Section 455(c) (20 
     U.S.C. 1087e(c)) is amended--
       (1) by striking ``The Secretary'' and inserting ``(1) For 
     loans made under this part before July 1, 1998, the 
     Secretary'';
       (2) by striking ``of a loan made under this part''; and
       (3) by adding at the end thereof the following new 
     paragraph:
       ``(2) For Federal Direct Stafford/Ford Loans made under 
     this part on or after July 1, 1998, the Secretary shall 
     charge the borrower an origination fee of 3.0 percent of the 
     principal amount of the loan.''.
       (d) Secretary's Equitable Share of Collections.--
       (1) Amendment.--Section 428(c)(6)(A)(ii) (20 U.S.C. 
     1078(c)(6)(A)(ii)), as amended by section 412(d)(2)(A), is 
     further amended by striking ``24 percent'' and inserting 
     ``18.5 percent''.
       (2) Effective date.--The amendment made by paragraph (1) of 
     this subsection shall be effective with respect to any 
     payments made by borrowers on or after October 1, 1997.

                                 H.R. 6

                        Offered By: Mrs. Clayton

       Amendment No. 18: Page 248, line 4, strike ``and''; on line 
     10, strike the second period and insert ``; and'', and after 
     line 10 insert the following:
       (7) by adding at the end the following new paragraph:
       ``(23) The institution will distribute to each student, 
     during registration for enrollment in its instructional 
     program, the mail voter registration application form 
     described in section 9(a)(2) of the National Voter 
     Registration Act of 1993, unless the student, in writing, 
     declines to receive such form.''.

                                 H.R. 6

                        Offered By: Mr. Edwards

       Amendment No. 19: In section 271 of the Higher Education 
     Act of 1965, as amended by the manager's amendment offered by 
     the Gentleman from Pennsylvania, strike ``and'' at the end of 
     paragraph (2), strike the period at the end of paragraph 93) 
     and insert ``; and'', and after such paragraph 93) insert the 
     following new paragraph:
       ``(4) to provide competitive grants to States for 
     assistance in improving the managerial skills of school 
     principals and superintendents.
       In section 273(a) of the Higher Education Act of 1965, as 
     amended by the manager's amendment offered by the Gentleman 
     from Pennsylvania, add at the end the following new 
     paragraphs:

[[Page H2427]]

       ``(7) Developing and implementing effective mechanisms to 
     provide principals and superintendents with advanced 
     managerial skills.
       ``(8) Creating opportunities for school principals and 
     superintendents to further their professional development by 
     providing advanced managerial skills training.

                                 H.R. 6

                   Offered By: Mr. Farr of California

       Amendment No. 20: Insert at the end of section 271(1) of 
     the Higher Education Act of 1965 as amended by the manager's 
     amendment offered by the Gentleman from Pennsylvania the 
     following: ``, such as math, science, English, foreign 
     languages, history, economics, art, and civics''.

                                 H.R. 6

                   Offered By: Mr. Farr of California

       Amendment No. 21: Page 310, strike line 3 and insert the 
     following (and redesignate the succeeding paragraph 
     accordingly):
       (3) in subsection (c)(2)--
       (A) by striking ``and'' at the end of subparagraph (E);
       (B) by redesignating subparagraph (F) as subparagraph (G); 
     and
       (C) by inserting after subparagraph (E) the following new 
     subparagraph:
       ``(F) professional graduate degrees in translation and 
     interpretation; and''; and

                                 H.R. 6

                         Offered By: Mr. Foley

       Amendment No. 22: Page 346, after line 24, insert the 
     following new part (and conform the table of contents 
     accordingly):

                Part C--General Education Provisions Act

     SEC. 961. ACCESS TO RECORDS CONCERNING CRIMES OF VIOLENCE.

       Section 444(h) of the General Education Provisions Act (20 
     U.S.C. 1232g(h)) is amended to read as follows:
       ``(h) Disciplinary Records.--(1) Nothing in this section 
     shall prohibit an educational agency or institution from--
       ``(A) including appropriate information in the education 
     record of any student concerning disciplinary action taken 
     against such student for conduct that posed a significant 
     risk to the safety or well-being of that student, other 
     students, or other members of the school community; or
       ``(B) disclosing such information to teachers and school 
     officials, including teachers and school officials in other 
     schools, who have legitimate educational interests in the 
     behavior of the student.
       ``(2) Nothing in this section shall prohibit any post-
     secondary educational agency or institution from disclosing 
     disciplinary records of any kind which contain information 
     that personally identifies a student or students who have 
     either admitted to or been found to have committed any act, 
     which is a crime of violence (as that term is defined in 
     section 16 of title 18, United States Code), in violation of 
     institutional policy, either as a violation of the law or a 
     specific institutional policy, where such records are 
     directly related to such misconduct.''.

                                 H.R. 6

                         Offered By: Mr. Gordon

       Amendment No. 23: Page 53, after line 3, insert the 
     following new part (and conform the table of contents 
     accordingly);

                 Part C--Year 2000 Computer Compliance

     SEC. 121. YEAR 2000 AUTHORIZATION.

       To ensure that all computer operations and processing 
     including title IV aid processing delivery, and 
     administration is provided without interruption by the 
     Department of Education beyond December 31, 1999, the 
     Secretary of Education shall take each of the following 
     actions:
       (1) Publish a risk assessment of the systems and hardware 
     under the Department's management that has been reviewed by 
     an independent audit firm no later than 60 days after the 
     date of enactment of this Act and to submit such a report to 
     the House and Senate authorizing committees.
       (2) Take actions necessary to ensure that all internal and 
     external systems and hardware administered by the Department 
     and required for aid processing and administration under 
     title IV of the Higher Education Act of 1965 are Year 2000 
     compliant to the extent necessary to ensure that no business 
     interruption occurs. Such actions shall include--
       (A) establishing schedules for testing and implementing new 
     exchange formats prior to 1 March 1999 for completing all 
     data exchange corrections; which schedules may include 
     national test days that could be used for end-to-end testing 
     of critical business processes and associated data exchanges 
     affecting Federal, State, and local governments;
       (B) notifying exchange partners of the implications to the 
     agency and the exchange partners if they do not make date 
     conversion corrections in time to meet the federal schedule 
     for implementing and testing Year 2000 compliant data 
     exchange processes;
       (C) giving priority to installing the filters necessary to 
     prevent the corruption of mission-critical systems from data 
     exchanges with noncompliant systems; and
       (D) developing and implementing, as part of the 
     Department's overall business continuity and contingency 
     planning efforts, specific provision for the data exchanges 
     that may fail, including the approaches to be used to 
     mitigate operational problems if their partners do not make 
     date conversion corrections when needed.
       (3) Have a qualified independent audit firm review the 
     Department's Year 2000 system and hardware compliance and 
     submit a report on its review to the Secretary and to the 
     chairs of the respective House and Senate authorizing 
     committees no later than June 30, 1999.
       (4) Convene at least quarterly meetings with individuals 
     from the school, student, lender, and guarantor communities 
     beginning 30 days after the date of enactment of this act to 
     be responsible--
       (A) for reviewing the risk assessment and audit report 
     provided for in paragraphs (1) and (3);
       (B) for monitoring the Department's implementation of the 
     Year 2000 change;
       (C) for assisting the Department with the development of 
     contingency plans for any item reported to be noncompliant 
     under paragraph (30;
       (D) publishing quarterly reports on implementation progress 
     which shall include the Department's status in completing key 
     steps for data exchanges, such as the percent of exchanges 
     inventoried, assess, for which agreements have been reached, 
     testing and implementation schedules and testing and 
     implementation completed; and
       (E) providing such a report to the respective House and 
     Senate authorizing committees.

                                 H.R. 6

                         Offered By: Mr. Gordon

       Amendment No. 24: Page 138, beginning on line 9, strike 
     subsection (e) through page 139, line 9, and insert the 
     following:
       ``(e) Ownership of Federal Fund.--The Federal fund of the 
     guaranty   agency, and nonliquid assets, such as buildings 
     and equipment, purchased by the guaranty agency, in whole or 
     in part with Federal reserve funds, regardless of who holds 
     or controls the reserves or assets, shall be considered to be 
     the property of the United States and the guaranty agency, 
     prorated as to their respective ownership based on the 
     percentage of such asset acquired with such Federal reserve 
     funds and any other funds, to be used by such agency as 
     authorized by this part. To the extent that a nonliquid asset 
     was acquired only in part with Federal reserve funds, and the 
     cost of such asset was allocated between such Federal reserve 
     funds and other funds, the Secretary may restrict or regulate 
     the use of such asset only to the extent necessary to 
     reasonably protect the Secretary's prorated share of the 
     value of such assets.
       Page 142, after line 22, insert the following new paragraph 
     (and redesignate the succeeding paragraph accordingly):
       ``(3) Purchase of nonliquid assets.--The guaranty agency 
     may use the Operating Fund or other non-Federal funds to 
     purchase nonliquid assets of the agency originally acquired, 
     in whole or in part, with Federal reserve funds. Such 
     nonliquid assets may be purchased at fair market value, 
     prorated based on the percentage of such asset acquired with 
     Federal reserve funds; except that a guaranty agency may not 
     use the Operating Fund to purchase any such nonliquid assets 
     during any period in which funds are owed to the Federal 
     Student Loan Reserve Fund as a result of a transfer under 
     422A(f). The prorated purchase amount shall be deposited in 
     the Federal Student Loan Reserve Fund of the guaranty agency.
       Page 143, line 5, strike ``the due diligence'' and insert 
     ``any due diligence''.
       Page 143, line 7, insert before the period the following: 
     ``which are no more burdensome than those regulations in 
     effect upon the date of enactment of this section''.
       Page 143, line 14, insert before the period the following: 
     ``which are no more burdensome than those regulations in 
     effect upon the date of enactment of this section''.
       Page 144, line 3, strike ``The'' and insert 
     ``Notwithstanding any other provision of law, the''.
       Page 149, strike line 22 through page 150, line 2, and 
     insert following:

     aversion fee. Such fee shall be paid for any loan on which a 
     claim for default has not been paid that the guaranty agency 
     brings into current repayment status on or before the 210th 
     day after the loan becomes 60 days delinquent.
       Page 150, strike line 6 through line 10, and insert the 
     following:

     by the lender. Such fee shall not be paid more than once on 
     any loan for which the guaranty agency averts the default 
     unless the lender filed a default aversion assistance request 
     at least 12 months after the borrower became current in 
     payments. A guaranty agency may

                                 H.R. 6

                         Offered By: Mr. Gordon

       Amendment No. 25: Page 154, beginning on line 5, strike 
     subparagraph (F) through page 155, line 19, and insert the 
     following:
       ``(F) Subject to paragraph (4), the special allowances paid 
     pursuant to this subsection on loans made on or after July 1, 
     1998 for which the applicable interest rate is determined 
     under section 427A(a) shall be computed--
       ``(i) by determining the bond equivalent rate of the 
     average of the quotes as reported by the Federal Reserve of 
     the 3-month commercial paper (financial) rate in effect for 
     each of the days in the quarter for which the rate is being 
     determined;
       ``(ii) by subtracting the applicable interest rate on such 
     loan from such applicable bond equivalent rate;
       ``(iii)(I) for Stafford loans during any period in which 
     principal need not be paid (whether or not such principal is 
     in fact

[[Page H2428]]

     paid) by reason of provision described in section 
     428(b)(1)(M) or 427(a)(2)(C), by adding 1.8 percent to the 
     resultant percent, (II) for Stafford loans during any other 
     periods, by adding 2.39 percent to the resultant percent, or 
     (III) or PLUS loans, by adding 3.1 percent to the resultant 
     percent; and
       ``(iv) by dividing the resultant percent by 4.''.

                                 H.R. 6

                     Offered By: Mr. Hall of Texas

       Amendment No. 26: At the appropriate place in the bill in 
     Title VIII insert the following new section:

     SEC.   . TEXAS COLLEGE PROVISION.

       The Secretary may not consider audit deficiencies relating 
     to record keeping with respect to qualifying students for 
     financial aid at Texas College, located in Tyler, Texas, for 
     academic years prior to academic year 1994-1995 in 
     determining whether Texas College complies with the financial 
     responsibility and administrative capacity standards under 
     Section 498 of the Higher Education Act of 1965, if Texas 
     College has made a good faith effort to furnish records to 
     the Department with respect to such audits.

                                 H.R. 6

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 27: Page 136, line 19 add the following new 
     section:

                   TITLE IV--GUARANTY AGENCY REFORMS

     SEC. 413. GUARANTY AGENCY REFORMS.

       Directs the Secretary to conduct a study to investigate to 
     what extent the actions of the lenders and the guarantors 
     impact upon the default rates of student borrowers as it 
     relates to the servicing of the loans or the due diligence of 
     the loan.

                                 H.R. 6

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 28: Page 149, line 13, strike ``60th'' and 
     insert ``120th''.
       Page 150, line 2, strike ``60 days'' and insert ``120 
     days''.

                                 H.R. 6

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 29: Page 182, line 14, strike the close 
     quotation marks and following period and after such line 
     insert the following new paragraph:
       ``(7) Authority of the Secretary to Assist Distressed 
     Institution.--The Secretary is authorized to provide 
     administrative, fiscal, management, strategic planning, and 
     technical assistance through a qualified third-party 
     consultant identified by the institution or an organization 
     representing such institutions. Institutions eligible for 
     such assistance include those institutions which qualify for 
     the exemption in paragraph (2)(C)(i), (ii), and (iii) of this 
     subsection, or which have submitted a default management plan 
     under paragraph (5) which has been accepted by the Secretary.

                                 H.R. 6

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 30: Page 270, after line 16, insert the 
     following new section:

     SEC. 480. RELIEF FROM OBLIGATION.

       To the extent authorized in advance in an appropriation 
     Act, the Secretary may, in settlement of claims found or 
     arising under audits and program reviews under title IV of 
     the Higher Education Act of 1965, forgive the obligations to 
     pay such claims of Texas Southern University relating to the 
     administration of programs under such title, subject to such 
     terms and conditions as Secretary may require with respect to 
     conduct of programs under such title on and after the date of 
     enactment of this Act.

                                 H.R. 6

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 31: at the end of the bill, add the following 
     new title:

                  TITLE XIII-EARLY DYSLEXIA DETECTION

     SEC. 1202. EARLY DYSLEXIA DETECTION.

       Directs the Secretary to conduct a study and submit a 
     report to the Congress on methods for identifying students 
     with dyslexia early in their educational training, and 
     conduct such study in conjunction with the National Academy 
     of Sciences.

                                 H.R. 6

                         Offered By: Mrs. Kelly

       Amendment No. 32: Page 128, line 12, strike the close 
     quotation marks and following period and after such line 
     insert the following new chapter:
       ``CHAPTER 6--PUBLIC SAFETY OFFICER MEMORIAL SCHOLARSHIPS.

     ``SEC. 411A. SCHOLARSHIPS AUTHORIZED.

       ``(a) In General.--
       ``(1) Scholarship Awards.--The Secretary is authorized to 
     award a scholarship to--
       ``(A) any eligible applicant who is attending, or who has 
     been accepted for attendance at, any eligible institution 
     providing instruction for one or more of grades kindergarten 
     through 12; or
       (B) any eligible applicant who is enrolled, or has been 
     accepted for enrollment, in an eligible institution as a 
     full-time or part-time post-secondary level student.
       ``(2) Application.--To receive a scholarship award under 
     this chapter, each eligible applicant shall submit an 
     application to the Secretary in such time and manner as may 
     be determined appropriate by the Secretary, accompanied by a 
     certification from the head of the agency that employed the 
     public safety officer to whom the applicant was married (in 
     the case of a surviving spouse), or with whom the applicant 
     was living or from whom the applicant was receiving support 
     contributions (in the case of a dependent child), stating 
     that such officer died as a result of the performance of the 
     officer's official duties.
       ``(b) Maximum Award.--
       ``(1) Elementary and secondary awards.--For any academic 
     year, the maximum amount of a scholarship award under this 
     section for a kindergarten or elementary or secondary school 
     student may equal, but not exceed, the lesser of the 
     following:
       ``(A) The average per pupil expenditure for elementary and 
     secondary education of the local educational agency for the 
     geographic area in which the eligible applicant resides.
       ``(B) The actual cost to the student for attendance at the 
     school, including expenses such as tuition, fees, books, 
     transportation costs, and other related expenses determined 
     by the Secretary.
       ``(2) Postsecondary awards.--For any academic year, the 
     maximum amount of a scholarship award under this section for 
     a postsecondary student may equal, but not exceed, the lesser 
     of the following:
       ``(A) The average cost of attendance (as defined in section 
     472), at a State university in the State in which the student 
     resides, for a State resident carrying the same academic 
     workload as the student, with the same number of dependents 
     as the student, and residing in the same type of housing as 
     the student.
       ``(B) The actual cost of attendance (as defined in section 
     472) of such student.
       ``(c) Award Period.--The duration of each award under this 
     chapter--
       ``(1) for a kindergarten or elementary or secondary school 
     student, shall be the period of time normally required for 
     the completion of a high school diploma by a student in the 
     grade that the recipient is in at the time the award 
     commences; and
       ``(2) for a postsecondary student, shall be the lesser of--
       ``(A) the time actually required by the student to complete 
     a course of study and obtain a diploma; and
       ``(B) 6 years in the case of a student engaged in 
     undergraduate studies and 3 years in the case of a student 
     engaged in postgraduate studies.
       ``(d) Notification.--The Secretary shall notify the 
     recipient and the eligible institution of the applicant's 
     selection for receipt of an award under this chapter, the 
     conditions pertaining to award eligibility and continuance.
       ``(e) Fiscal Agent.--The Secretary shall, if practicable, 
     use the eligible institution as fiscal agent for payment of 
     an award.

     ``SEC. 411B. ADDITIONAL AWARD REQUIREMENTS.

       A student awarded a scholarship grant under this chapter, 
     as a condition for initial receipt of such award and 
     periodically thereafter as a condition for its continuation, 
     shall demonstrate to the satisfaction of the Secretary that 
     the student is--
       ``(1) maintaining satisfactory progress in the course of 
     study the student is pursuing--
       ``(A) in the case of a kindergarten or elementary or 
     secondary school student, as determined by the Secretary; and
       ``(B) in the case of a postsecondary student, consistent 
     with section 484(c);
       ``(2) committed to remaining drug-free; and
       ``(3) attending class on a regular basis as to not 
     interfere with normal course of studies except for excused 
     absence for vacation, illness, military service and such 
     other periods deemed good cause by the eligible institution 
     or the Secretary.

     ``SEC. 411C. AGREEMENTS WITH ELIGIBLE INSTITUTIONS.

       For the purposes of this chapter, the Secretary is 
     authorized to enter into agreements with eligible 
     institutions in which any student receiving a scholarship 
     award under this chapter has enrolled or has been accepted 
     for enrollment. Each such agreement shall--
       ``(1) provide that an eligible institution will cooperate 
     with the Secretary in carrying out the provisions of this 
     chapter, including the provision of information necessary for 
     a student to satisfy the requirements in section 411B;
       ``(2) provide that the institution will conduct a periodic 
     review to determine whether students enrolled and receiving 
     scholarship awards continue to be entitled to payments under 
     this chapter and will notify the Secretary of the results of 
     such reviews; and
       ``(3) provide for control and accounting procedures as may 
     be necessary to assure proper disbursements and accounting of 
     funds paid under to the institution under section 411A(e).

     ``SEC. 411D. DEFINITIONS.

       In this chapter:
       ``(1) Dependent child.--The term `dependent child' means a 
     child who is either living with or receiving regular support 
     contributions from a public safety officer at the time of the 
     officer's death, including a stepchild or an adopted child.
       ``(2) Eligible applicant.--The term `eligible applicant' 
     means a person residing in a State who is--
       ``(A) a surviving spouse; or
       ``(B) a dependent child.
       ``(3) Eligible institution.--The term `eligible 
     institution' means a public or private kindergarten or 
     elementary or secondary school, or any institution defined in 
     section 435(a), if the kindergarten, school, or institution--

[[Page H2429]]

       ``(A) is located in a State; and
       ``(B) complies with the antidiscrimination provisions of 
     section 601 of the Civil Rights Act of 1964 and does not 
     discriminate on the basis of race.
       ``(4) Public safety officers.--The term `public safety 
     officer' means a person serving a public agency of a State or 
     of a unit of general local government, with or without 
     compensation, as--
       ``(A) a law enforcement officer, including a corrections or 
     a court officer engaged in--
       ``(i) apprehending or attempting to apprehend any person--
       ``(I) for the commission of a criminal act; or
       ``(II) who at the time was sought as a material witness in 
     a criminal proceeding; or
       ``(ii) protecting or guarding a person held for the 
     commission of a criminal act, or held as a material witness 
     in connection with a criminal act; or
       ``(iii) lawfully preventing of, or lawfully attempting to 
     prevent the commission of, a criminal act or an apparent 
     criminal act in the performance of his official duty; or
       ``(B) a firefighter.
       ``(5) Surviving spouse.--The term `surviving spouse' means 
     the legally married husband or wife of a public safety 
     officer at the time of the officer's death.
       ``(6) Unit of general local government.--The term `unit of 
     general local government' means any city, country, township, 
     town, borough, parish, village, or any other general purpose 
     subdivision of a State, or any Indian tribe which the 
     Secretary of the Interior determines performs law enforcement 
     functions.''.

                                 H.R. 6

                         Offered by: Mrs. Kelly

       Amendment 33: Page 128, line 12, strike the close quotation 
     marks and following period and after such line insert the 
     following new chapter:

       ``CHAPTER 6--PUBLIC SAFETY OFFICER MEMORIAL SCHOLARSHIPS.

     ``SEC. 411A. SCHOLARSHIPS AUTHORIZED.

       ``(a) In General.--
       ``(1) Scholarship Awards.--The Secretary is authorized to 
     award a scholarship to any eligible applicant who is 
     enrolled, or has been accepted for enrollment, in an eligible 
     institution as a full-time or part-time postsecondary level 
     student.
       ``(2) Application.--To receive a scholarship award under 
     this chapter, each eligible applicant shall submit an 
     application to the Secretary in such time and manner as may 
     be determined appropriate by the Secretary, accompanied by a 
     certification from the head of the agency that employed the 
     public safety officer to whom the applicant was married (in 
     the case of a surviving spouse), or with whom the applicant 
     was living or from whom the applicant was receiving support 
     contributions (in the case of a dependent child), stating 
     that such officer died as a result of the performance of the 
     officer's official duties.
       ``(b) Maximum Award.--For any academic year, the maximum 
     amount of a scholarship award under this section for a 
     postsecondary student may equal, but not exceed, the lesser 
     of the following:
       ``(1) The average cost of attendance (as defined in section 
     472), at a State university in the State in which the student 
     resides, for a State resident carrying the same academic 
     workload as the student, with the same number of dependents 
     as the student, and residing in the same type of housing as 
     the student.
       ``(2) The actual cost of attendance (as defined in section 
     472) of such student.
       ``(c) Award Period.--The duration of each award under this 
     chapter for a postsecondary student, shall be the lesser of--
       ``(1) the time actually required by the student to complete 
     a course of study and obtain a diploma; and
       ``(2) 6 years in the case of a student engaged in 
     undergraduate studies and 3 years in the case of a student 
     engaged in postgraduate studies.
       ``(d) Notification.--The Secretary shall notify the 
     recipient and the eligible institution of the applicant's 
     selection for receipt of an award under this chapter, the 
     conditions pertaining to award eligibility and continuance.
       ``(e) Fiscal Agent.--The Secretary shall, if practicable, 
     use the eligible institution as fiscal agent for payment of 
     an award.

     ``SEC. 411B. ADDITIONAL AWARD REQUIREMENTS.

       A student awarded a scholarship grant under this chapter, 
     as a condition for initial receipt of such award and 
     periodically thereafter as a condition for its continuation, 
     shall demonstrate to the satisfaction of the Secretary that 
     the student is--
       ``(1) maintaining satisfactory progress in the course of 
     study the student is pursuing consistent with section 484(c);
       ``(2) committed to remaining drug-free; and
       ``(3) attending class on a regular basis as to not 
     interfere with normal course of studies except for excused 
     absence for vacation, illness, military service and such 
     other periods deemed good cause by the eligible institution 
     or the Secretary.

     ``SEC. 411C. AGREEMENTS WITH ELIGIBLE INSTITUTIONS.

       For the purposes of this chapter, the Secretary is 
     authorized to enter into agreements with eligible 
     institutions in which any student receiving a scholarship 
     award under this chapter has enrolled or has been accepted 
     for enrollment. Each such agreement shall--
       ``(1) provide that an eligible institution will cooperate 
     with the Secretary in carrying out the provisions of this 
     chapter, including the provision of information necessary for 
     a student to satisfy the requirements in section 411B;
       ``(2) provide that the institution will conduct a periodic 
     review to determine whether students enrolled and receiving 
     scholarship awards continue to be entitled to payments under 
     this chapter and will notify the Secretary of the results of 
     such reviews; and
       ``(3) provide for control and accounting procedures as may 
     be necessary to assure proper disbursements and accounting of 
     funds paid under to the institution under section 411A(e).

     ``SEC. 411D. DEFINITIONS.

       In this chapter:
       ``(1) Dependent child.--The term `dependent child' means a 
     child who is either living with or receiving regular support 
     contributions from a public safety officer at the time of the 
     officer's death, including a stepchild or an adopted child.
       ``(2) Eligible applicant.--The term `eligible applicant' 
     means a person residing in a State who is--
       ``(A) a surviving spouse; or
       ``(B) a dependent child.
       ``(3) Eligible institution.--The term `eligible 
     institution' means an eligible institution as defined in 
     section 435(a) that--
       ``(A) is located in a State; and
       ``(B) complies with the antidiscrimination provisions of 
     section 601 of the Civil Rights Act of 1964 and does not 
     discriminate on the basis of race.
       ``(4) Public safety officer.--The term `public safety 
     officer' means a person serving a public agency of a State or 
     of a unit of general local government, with or without 
     compensation, as--
       ``(A) a law enforcement officer, including a corrections or 
     a court officer engaged in--
       ``(i) apprehending or attempting to apprehend of any 
     person--

       ``(I) for the commission of a criminal act; or
       ``(II) who at the time was sought as a material witness in 
     a criminal proceeding; or

       ``(ii) protecting or guarding a person held for the 
     commission of a criminal act, or held as a material witness 
     in connection with a criminal act; or
       ``(iii) lawfully preventing of, or lawfully attempting to 
     prevent the commission of, a criminal act or an apparent 
     criminal act in the performance of his official duty; or
       ``(B) a firefighter.
       ``(5) Surviving spouse.--The term `surviving spouse' means 
     the legally married husband or wife of a public safety 
     officer at the time of the officer's death.
       ``(6) Unit of general local government.--The term `unit of 
     general local government' means any city, county, township, 
     town, borough, parish, village, or any other general purpose 
     subdivision of a State, or any Indian tribe which the 
     Secretary of the Interior determines performs law enforcement 
     functions.''.

                                 H.R. 6

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 34: Page 33, after line 10, insert the 
     following new section (and redesignate the succeeding section 
     and conform the table of contents accordingly):

     SEC. 103. NATIONAL RECOGNITION AWARDS.

       Section 111, as redesignated by section 101(a)(3)(E), is 
     amended by adding at the end the following new subsection:
       ``(e) National Recognition Awards.--
       ``(1) Awards.--For the purpose of providing models of 
     alcohol and drug abuse prevention and education (including 
     treatment-referral) programs in higher education and to focus 
     national attention on exemplary alcohol and drug abuse 
     prevention efforts, the Secretary of Education shall, on an 
     annual basis, make 10 National Recognition Awards to 
     institutions of higher education that have developed and 
     implemented effective alcohol and drug abuse prevention and 
     education programs. Such awards shall be made at a ceremony 
     in Washington, D.C. and a document describing the programs of 
     those who receive the awards shall be distributed nationally.
       ``(2) Application.--
       ``(A) In general.--A national recognition award shall be 
     made under paragraph (1) to institutions of higher education 
     which have applied for such award. Such an application shall 
     contain--
       ``(i) a clear description of the goals and objectives of 
     the alcohol and drug abuse programs of the institution 
     applying,
       ``(ii) a description of program activities that focus on 
     alcohol and other drug policy issues, policy development, 
     modification, or refinement, policy dissemination and 
     implementation, and policy enforcement;
       ``(iii) a description of activities that encourage student 
     and employee participation and involvement in both activity 
     development and implementation;
       ``(iv) the objective criteria used to determine the 
     effectiveness of the methods used in such programs and the 
     means used to evaluate and improve the program efforts;
       ``(v) a description of special initiatives used to reduce 
     high-risk behavior or increase low risk behavior, or both; 
     and
       ``(vi) a description of coordination and networking efforts 
     that exist in the community in which the institution is 
     located for purposes of such programs.
       ``(B) Eligibility criteria.--All institutions of higher 
     education which are two- and four-year colleges and 
     universities that have established a drug and alcohol 
     prevention

[[Page H2430]]

     and education program are eligible to apply for a National 
     Recognition Award. To receive such an Award an institution of 
     higher education must be nominated to receive it. An 
     institution of higher education may nominate itself or be 
     nominated by others such as professional associations or 
     student organizations.
       ``(C) Application review.--The Secretary of Education shall 
     appoint a committee to review applications submitted under 
     subparagraph (A). The committee may include representatives 
     of Federal departments or agencies whose programs include 
     alcohol and drug abuse prevention and education efforts, 
     directors or heads (or their representatives) of professional 
     associations that focus on prevention efforts, and non-
     Federal scientists who have backgrounds in social science 
     evaluation and research methodology and in education. 
     Decisions of the committee shall be made directly to the 
     Secretary without review by any other entity in the 
     Department of Education.
       ``(D) Review criteria.--Specific review criteria shall be 
     developed by the Secretary in conjunction with the 
     appropriate experts. In reviewing applications under 
     subparagraph (C) the committee shall consider--
       ``(i) measures of effectiveness of the program of the 
     applicant that should include changes in the campus alcohol 
     and other drug environment or climate and changes in alcohol 
     and other drug use before and after the initiation of the 
     program; and
       ``(ii) measures of program institutionalization, including 
     an assessment of needs of the institution, the institution's 
     alcohol and drug policies, staff and faculty development 
     activities, drug prevention criteria, student, faculty, and 
     campus community involvement, and a continuation of the 
     program after the cessation of external funding.
       ``(3) Authorization.--For the implementation of the awards 
     program under this subsection, there are authorized to be 
     appropriated $25,000 for fiscal year 1998, $66,000 for each 
     of the fiscal years 1999 and 2000, and $72,000 for each of 
     the fiscal years 2001, 2002, 2003, and 2004.''.

                                 H.R. 6

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 35:  Page 33, after line 10, insert the 
     following new section (and redesignate the succeeding section 
     and conform the table of contents accordingly):

     SEC. 103. GRANTS AND CONTRACTS FOR DRUG AND ALCOHOL ABUSE 
                   PREVENTION.

       (a) Grant and Contract Authority.--Section 111, as 
     redesignated by section 101(a)(3)(E), is amended by adding at 
     the end the following new subsection:
       ``(e)(1) The Secretary may make grants to institutions of 
     higher education or consortia of such institutions and 
     contracts with such institutions and other organizations to 
     develop, implement, operate, improve, and disseminate 
     programs of prevention, and education (including treatment-
     referral) to reduce and eliminate the illegal use of drugs 
     and alcohol and their associated violence. Such contracts may 
     also be used for the support of a higher education center for 
     alcohol and drug abuse prevention which will provide 
     training, technical assistance, evaluation, dissemination and 
     associated services and assistance to the higher education 
     community as defined by the Secretary and the institutions of 
     higher education.
       ``(2) Grants and contracts shall be made available under 
     paragraph (1) on a competitive basis. An institution of 
     higher education, a consortium of such institutions, or other 
     organizations which desire to receive a grant or contract 
     under paragraph (1) shall submit an application to the 
     Secretary at such time, in such manner, and containing or 
     accompanied by such information as the Secretary may 
     reasonably require by regulation.
       ``(3) The Secretary shall make every effort to ensure--
       ``(A) the equitable participation of private and public 
     institutions of higher education (including community and 
     junior colleges), and
       ``(B) the equitable geographic participation of such 
     institutions,

     in grants and contracts under paragraph (1). In the award of 
     such grants and contracts, the Secretary shall give 
     appropriate consideration to institutions of higher education 
     with limited enrollment.
       ``(4) There are authorized to be appropriated to carry out 
     this subsection $5,000,000 for fiscal year 1999 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.''.
       (b) Repeal.--Section 4122 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7132) is repealed.

                                 H.R. 6

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 36: Page 123, after line 13, insert the 
     following chapter (and redesignate the succeeding chapters 
     accordingly):

                    ``CHAPTER 5--PUBLIC INFORMATION

     ``SEC. 409A. DATABASE AND INFORMATION LINE.

       ``From the funds available under section 409C, the 
     Secretary shall award a contract to maintain and improve--
       ``(1) a computerized database of all public and private 
     student financial assistance programs, to be accessible to 
     schools and libraries through either modems or toll-free 
     telephone lines; and
       ``(2) a toll-free information line, including access by 
     telecommunications devices for the deaf (`TDD's'), to provide 
     individualized financial assistance information to parents, 
     students, and other individuals, including individuals with 
     disabilities, and to refer students with disabilities and 
     their families to the postsecondary clearinghouse that is 
     authorized under section 633(c) of the Individuals with 
     Disabilities Education Act.

     ``SEC. 409B. COLLEGE AWARENESS INFORMATION PROGRAM.

       ``(a) Program Authority.--The Secretary is authorized to 
     make grants to, and enter into contracts or cooperative 
     agreements with, institutions of higher education and other 
     public and private institution, agencies, and organizations--
       ``(1) to conduct an information program designed--
       ``(A) to broaden the early awareness of postsecondary 
     educational opportunities by elementary secondary school 
     students and their parents; and
       ``(B) to encourage economically disadvantaged, minority, or 
     at-risk individuals to seek higher education, and to seek 
     higher education and financial assistance counseling at 
     public schools and libraries; and
       ``(2) to disseminate college awareness information and 
     related data, including establishment and maintenance of an 
     electronic site for such information and data.
       ``(b) Contents of Messages.--Announcements and messages 
     supported under this section--
       ``(1) may be specially designed for students of limited 
     English proficiency,
       ``(2) shall publicize--
       ``(A) the availability of Federal student assistance under 
     this Act;
       ``(B) the importance of postsecondary education in long-
     term career planning; and
       ``(C) the need and necessity to complete a secondary 
     education program successfully in order to meet the 
     requirements for college.
       ``(c) Informing Congress.--The Secretary shall keep the 
     appropriate committees of the Congress informed with respect 
     to the efforts made pursuant to this section and shall 
     recommend any additional legislative authority that will 
     serve the purposes of this section.

     ``SEC. 409C. DATABASE AND INFORMATION LINE.

       ``There are authorized to be appropriated $15,000,000 for 
     fiscal year 1999 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years to carry out this chapter.''

                                 H.R. 6

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 37: Page 128, line 12, strike the close 
     quotation marks and following period and after such line 
     insert the following new chapter:

                ``Chapter 6--Paul E. Tsongas Fellowships

     ``SEC. 411A. SHORT TITLE.

       ``This chapter may be cited as the `Paul E. Tsongas 
     Fellowship Act'.

     ``SEC. 411B. STATEMENT OF PURPOSE.

       ``It is the purpose of this chapter to encourage 
     individuals of exceptional achievement and promise, 
     especially members of traditionally underrepresented groups, 
     to pursue careers in fields that confront the global energy 
     and environmental challenges of the 21st century.

     ``SEC. 411C. DOCTORAL FELLOWSHIPS AUTHORIZED.

       ``(a) Program Authorized.--The Secretary of Education, in 
     consultation with the Secretary of Energy, is authorized to 
     award doctoral fellowships, to be known as Paul E. Tsongas 
     Doctoral Fellowships, in accordance with the provisions of 
     this chapter for study and research in fields of science or 
     engineering that relate to energy or the environment such as 
     physics, mathematics, chemistry, biology, computer science, 
     materials science, environmental science, behavioral science, 
     and social sciences at institutions proposed by applicants 
     for such fellowships.
       ``(b) Period of Award.--A fellowship under this section 
     shall be awarded for a period of three succeeding academic 
     years, beginning with the commencement of a program of 
     doctoral study.
       ``(c) Fellowship Portability.--Each Fellow shall be 
     entitled to use the fellowship in a graduate program at any 
     accredited institution of higher education in which the 
     recipient may decide to enroll.
       ``(d) Number of Fellowships.--As many fellowships as may be 
     fully funded according to this chapter shall be awarded each 
     year.
       ``(e) Designation of Fellows.--Each individual awarded a 
     fellowship under this chapter shall be known as a `Paul E. 
     Tsongas Fellow' (hereinafter in this chapter referred to as a 
     `Fellow').

     ``SEC. 411D. ELIGIBILITY AND SELECTION OF FELLOWS.

       ``(a) Eligibility.--Only United States citizens are 
     eligible to receive awards under this chapter.
       ``(b)  Fellowship Board.--
       ``(1) Appointment.--The Secretary, in consultation with the 
     Director of the National Science Foundation, shall appoint a 
     Paul E. Tsongas Fellowship Board (hereinafter in this part 
     referred to as the `Board') consisting of 5 representatives 
     of the academic science and engineering communities who are 
     especially qualified to serve on the Board. The Secretary 
     shall assure that individuals appointed to the Board are 
     broadly knowledgeable about and have experience in graduate 
     education in relevant fields.
       ``(2) Duties.--The Board shall--
       ``(A) establish general policies for the program 
     established by this part and oversee its operation;

[[Page H2431]]

       ``(B) establish general criteria for awarding fellowships;
       ``(C) award fellowships; and
       ``(D) prepare and submit to the Congress at least once in 
     every 3-year period a report on any modifications in the 
     program that the Board determines are appropriate.
       ``(4) Term.--The term of office of each member of the Board 
     shall be 3 years, except that any member appointed to fill a 
     vacancy shall serve for the remainder of the term for which 
     the predecessor of the member was appointed. No member may 
     serve for a period in excess of 6 years.
       ``(5) Initial meeting; vacancy.--The Secretary shall call 
     the first meeting of the Board, at which the first order of 
     business shall be the election of a Chairperson and a Vice 
     Chairperson, who shall serve until 1 year after the date of 
     their appointment. Thereafter each officer shall be elected 
     for a term of 2 years. In case a vacancy occurs in either 
     office, the Board shall elect an individual from among the 
     members of the Board to fill such vacancy.
       ``(6) Quorum; additional meetings.--(A) A majority of the 
     members of the Board shall constitute a quorum.
       ``(B) The Board shall meet at least once a year or more 
     frequently, as may be necessary, to carry out its 
     responsibilities.
       ``(7) Compensation.--Members of the Board, while serving on 
     the business of the Board, shall be entitled to receive 
     compensation at rates fixed by the Secretary, but not 
     exceeding the rate of basic pay payable for level IV of the 
     Executive Schedule, including traveltime, and while so 
     serving away from their homes or regular places of business, 
     they may be allowed travel expenses, including per diem in 
     lieu of subsistence, as authorized by section 5703 of title 
     5, United States Code, for persons in Government service 
     employed intermittently.
       ``(c) Underrepresented Groups.--In designing selection 
     criteria and awarding fellowships, the Board shall--
       ``(1) consider the need to prepare a larger number of women 
     and individuals from minority groups, especially from among 
     such groups that have been traditionally underrepresented in 
     the professional and academic fields referred to in section 
     411B, but nothing contained in this or any other provision of 
     this chapter shall be interpreted to require the Secretary to 
     grant any preference or disparate treatment to the members of 
     any underrepresented group; and
       ``(2) take into account the need to expand access by women 
     and minority groups to careers heretofore lacking adequate 
     representation of women and minority groups.

     ``SEC. 411E. PAYMENTS, STIPENDS, TUITION, AND EDUCATION 
                   AWARDS.

       ``(a) Amount of Award.--
       ``(1) Stipends.--The Secretary shall pay to each individual 
     awarded a fellowship under this chapter a stipend in the 
     amount of $15,000, $16,500, and $18,000 during the first, 
     second, and third years of study, respectively.
       ``(2) Tuition.--The Secretary shall pay to the appropriate 
     institution an amount adequate to cover the tuition, fees, 
     and health insurance of each individual awarded a fellowship 
     under this chapter.
       ``(3) Administrative and travel allowance.--The Secretary 
     shall pay to each host institution an annual $5,000 allowance 
     for the purpose of covering--
       ``(A) administrative expenses;
       ``(B) travel expenses associated with Fellow participation 
     in academic seminars or conferences approved by the host 
     institution; and
       ``(C) round-trip travel expenses associated with Fellow 
     participation in the internship required by section 411F of 
     this chapter.

     ``SEC. 411F. REQUIREMENT.

       Each Fellow shall participate in a 3-month internship 
     related to the dissertation topic of the Fellow at a national 
     laboratory or equivalent industrial laboratory as approved by 
     the host institution.

     ``SEC. 411G. FELLOWSHIP CONDITIONS.

       ``(a) Academic Progress Required.--No student shall receive 
     support pursuant to an award under this chapter--
       ``(1) except during periods in which such student is 
     maintaining satisfactory progress in, and devoting 
     essentially full time to, study or research in the field in 
     which such fellowship was awarded, or
       ``(2) if the student is engaging in gainful employment 
     other than part-time employment involved in teaching, 
     research, or similar activities determined by the institution 
     to be in support of the student's progress toward a degree.
       ``(b) Reports From Recipients.--The Secretary is authorized 
     to require reports containing such information in such form 
     and filed at such times as the Secretary determines necessary 
     from any person awarded a fellowship under the provisions of 
     this chapter. The reports shall be accompanied by a 
     certificate from an appropriate official at the institution 
     of higher education, or other research center, stating that 
     such individual is fulfilling the requirements of this 
     section.
       ``(c) Failure To Earn Degree.--A recipient of a fellowship 
     under this chapter found by the Secretary to have failed in 
     or abandoned the course of study for which assistance was 
     provided under this chapter may be required, at the 
     discretion of the Secretary, to repay a pro rata amount of 
     such fellowship assistance received, plus interest and, where 
     applicable, reasonable collection fees, on a schedule and at 
     a rate of interest to be prescribed by the Secretary by 
     regulations issued pursuant to this chapter.

     ``SEC. 411H. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for this chapter 
     $5,000,000 for fiscal year 1999 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.

     ``SEC. 411I. APPLICATION OF GENERAL EDUCATIONAL PROVISIONS 
                   ACT.

       Section 421 of the General Educational Provisions Act, 
     pertaining to the availability of funds, shall apply to this 
     chapter.

     ``SEC. 411J. DEFINITIONS.

       For purposes of this chapter--
       ``(1) The term ``Secretary'' means the Secretary of 
     Education.
       ``(2) The term ``host institution'' means an institution 
     where a Paul E. Tsongas Fellow is enrolled for the purpose of 
     pursuing doctoral studies for which support is provided under 
     this chapter.''.

                                 H.R. 6

                Offered By: Mr. Kennedy of Massachusetts

       Amendment No. 38: Page 260, after line 17, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 475. SENSE OF THE HOUSE OF REPRESENTATIVES.

       It is the sense of the House of Representatives that, in an 
     effort to change the culture of alcohol consumption on 
     college campuses, all college and university administrators 
     should adopt the following code of principles:
       (1) For an institution of higher education, the president 
     of the institution shall appoint a task force consisting of 
     school administrators, faculty, students, Greek system 
     representatives, and others to conduct a full examination of 
     student and academic life at the institution. The task force 
     will make recommendations for a broad range of policy and 
     program changes that would serve to reduce alcohol and other 
     drug-related problems. The institution shall provide 
     resources to assist the task force in promoting the campus 
     policies and proposed environmental changes that have been 
     identified.
       (2) The institution shall provide maximum opportunities for 
     students to live in an alcohol-free environment and to engage 
     in stimulating, alcohol-free recreational and leisure 
     activities.
       (3) The institution shall enforce a ``zero tolerance'' 
     policy on the illegal consumption and binge drinking of 
     alcohol by its students and will take steps to reduce the 
     opportunities for students, faculty, staff, and alumni to 
     legally consume alcohol on campus.
       (4) The institution shall vigorously enforce its code of 
     disciplinary sanctions for those who violate campus alcohol 
     policies. Students with alcohol or other drug-related 
     problems shall be referred to an on-campus counseling 
     program.
       (5) The institution shall adopt a policy to discourage 
     alcoholic beverage-related sponsorship of on-campus 
     activities. It shall adopt policies limiting the 
     advertisement and promotion of alcoholic beverages on campus.
       (6) Recognizing that school-centered policies on alcohol 
     will be unsuccessful if local businesses sell alcohol to 
     underage or intoxicated students, the institution shall form 
     a ``Town/Gown'' alliance with community leaders. That 
     alliance shall encourage local commercial establishments that 
     promote or sell alcoholic beverages to curtail illegal 
     student access to alcohol and adopt responsible alcohol 
     marketing and service practices.

                                 H.R. 6

                         Offered By: Mr. Klink

       Amendment No. 39: Page 164, after line 25, insert the 
     following new subsection:
       (t) Notice to Institutions of Defaults.--
       (1) Administrative and fiscal procedures.--Section 
     428(c)(2)(A) is amended by striking ``proof that reasonable 
     attempts were made'' and inserting ``proof that the 
     institution and the State licensing board were contacted and 
     other reasonable attempts were made''
       (2) Reimbursement.--Section 428(c)(2)(G) (20 U.S.C. 
     1078(c)(2)(G)) is amended by striking ``certifies to the 
     Secretary that diligent attempts have been made'' and 
     inserting ``demonstrates to the Secretary that diligent 
     attempts, including direct contact with the institution and 
     the State licensing board, have been made.''.
       (3) Notice to secretary and payment of loss.--The third 
     sentence of section 430(a) (20 U.S.C. 1080(a)) is amended by 
     inserting ``the institution and the State licensing board 
     were contacted and other'' after ``submit proof that''.

                                 H.R. 6

                         Offered By: Mr. Klink

       Amendment No. 40: Page 177, after line 1, insert the 
     following new subparagraph (and redesignate the succeeding 
     subparagraphs accordingly):
       (A) by striking ``for the fiscal year for which the 
     determination is made and for the two succeeding fiscal 
     years'' and inserting ``for the period determined under 
     subparagraph (D)'';
       Page 177, after line 14, insert the following new paragraph 
     (and redesignate the succeeding paragraphs accordingly):
       (3) by adding at the end of paragraph (2) the following new 
     subparagraph:
       ``(D) An institution that is ineligible to participate 
     pursuant to a determination under subparagraph (A) shall be 
     ineligible for a period beginning with the fiscal year for 
     which the determination is made and ending on the earlier 
     of--

[[Page H2432]]

       ``(i) the expiration of the two succeeding fiscal years; or
       ``(ii) the date on which the final cohort default rates 
     published with respect to such institution are less than the 
     threshold percentage specified in subparagraph (B) for any 
     two of the three most recent fiscal years for which data are 
     available.'';

                                 H.R. 6

                          Offered By: Mr. Klug

       Amendment No. 41: Page 161, after line 9, insert the 
     following new subsection (and redesignate the succeeding 
     subsections accordingly):
       (j) Delay in Commencement of Repayment Period.--Section 
     428(b)(7) is amended by inserting after subparagraph (C) the 
     following new subparagraph:
       ``(D) There shall be excluded from the 6 months determined 
     under subparagraph (A)(i) any period during which the student 
     was called or ordered to active duty in a reserve component 
     of the Armed Forces of the United States.''.

                                 H.R. 6

                       Offered By: Mr. Livingston

       Amendment No. 42: Page 34, after line 5, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 
                   RIGHTS.

       Title I is further amended by adding after section 112 (as 
     added by section 103) the following new section:

     ``SEC. 113. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 
                   RIGHTS.

       ``(a) Protection of Rights.--No student attending an 
     institution of higher education on a full- or part-time basis 
     shall, on the basis of protected speech and association, be 
     excluded from participation in, be denied the benefits of, or 
     be subjected to discrimination or official sanction under any 
     education program, activity, or division directly or 
     indirectly receiving financial assistance under this Act, 
     whether or not such program, activity, or division is 
     sponsored or officially sanctioned by the institution.
       ``(b) Sanction.--
       ``(1) In general.--No funds shall be made available under 
     this Act to any institution of higher education that the 
     Secretary finds, after notice and opportunity for a hearing, 
     has violated subsection (a) of this section.
       ``(2) Inapplicability to student assistance.--Paragraph (1) 
     shall not apply to any funds that are provided under this Act 
     for student financial assistance.
       ``(c) Exception.--This section shall not apply to an 
     institution of higher education that is controlled by a 
     religious or military organization, if the speech or 
     association is not consistent with the religious tenets or 
     military training of the institution.
       ``(d) Sanctions for Disruption Permitted.--Nothing in this 
     section shall be construed to prevent the imposition of an 
     official sanction on a student that has willfully 
     participated in the disruption or attempted disruption of a 
     lecture, class, speech, presentation, or performance made or 
     scheduled to be made under the auspices of the institution of 
     higher education.
       ``(e) Definitions.--
       ``(1) Protected speech.--The term `protected speech' means 
     speech that is protected under the 1st and 14th amendments to 
     the United States Constitution, or would be so protected if 
     the institution of higher education were subjected to those 
     amendments.
       ``(2) Protected association.--The term `protected 
     association' means the right to join, assemble, and reside 
     with others that is protected under the 1st and 14th 
     amendments to the United States Constitution, or would be 
     protected if the institution of higher education were subject 
     to those amendments.
       ``(3) Official sanction.--The term `official sanction'--
       ``(A) means expulsion, suspension, probation, censure, 
     condemnation, reprimand, or any other disciplinary, coercive, 
     or adverse action taken by an institution of higher education 
     or administrative unit of the institution; and
       ``(B) includes an oral or written warning made by an 
     official of an institution of higher education acting in the 
     official capacity of the official.''.

                                 H.R. 6

                       Offered By: Mr. Livingston

       Amendment No. 43: Page 34, after line 5, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 
                   RIGHTS.

       Title I is further amended by adding after section 112 (as 
     added by section 103) the following new section:

     ``SEC. 113. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 
                   RIGHTS.

       ``(a) Protection of Rights.--It is the sense of the House 
     of Representatives that no student attending an institution 
     of higher education on a full- or part-time basis should, on 
     the basis of protected speech and association, be excluded 
     from participation in, be denied the benefits of, or be 
     subjected to discrimination or official sanction under any 
     education program, activity, or division directly or 
     indirectly receiving financial assistance under this Act, 
     whether or not such program, activity, or division is 
     sponsored or officially sanctioned by the institution.
       ``(b) Sanctions for Disruption Permitted.--Nothing in this 
     section shall be construed to discourage the imposition of an 
     official sanction on a student that has willfully 
     participated in the disruption or attempted disruption of a 
     lecture, class, speech, presentation, or performance made or 
     scheduled to be made under the auspices of the institution of 
     higher education.
       ``(c) Definitions.--For the purposes of this section:
       ``(1) Protected speech.--The term `protected speech' means 
     speech that is protected under the 1st and 14th amendments to 
     the United States Constitution, or would be so protected if 
     the institution of higher education were subjected to those 
     amendments.
       ``(2) Protected association.--The term `protected 
     association' means the right to join, assemble, and reside 
     with others that is protected under the 1st and 14th 
     amendments to the United States Constitution, or would be 
     protected if the institution of higher education were subject 
     to those amendments.
       ``(3) Official sanction.--The term `official sanction'--
       ``(A) means expulsion, suspension, probation, censure, 
     condemnation, reprimand, or any other disciplinary, coercive, 
     or adverse action taken by an institution of higher education 
     or administrative unit of the institution; and
       ``(B) includes an oral or written warning made by an 
     official of an institution of higher education acting in the 
     official capacity of the official.''.

                                 H.R. 6

                        Offered By: Mr. McGovern

       Amendment No. 44: Page 96, after line 7, insert the 
     following new subsection (and redesignate the succeeding 
     subsections accordingly):

       (f) Pell Grant Incentives.--Subpart 1 of part A of title IV 
     of the Higher Education Act of 1965 is amended by inserting 
     after section 401 (20 U.S.C. 1070a) the following new 
     section:

     ``SEC. 401A. PELL GRANT INCENTIVES.

       ``(a) Program Authority.--From the amounts appropriated 
     pursuant to subsection (d), the Secretary shall establish a 
     program to increase the Pell grant awards under section 401 
     during their first two academic years of undergraduate 
     education to students who graduate after May 1, 1998, in the 
     top 10 percent of their high school graduating class.
       ``(b) Amount of Increase.--The additional amount of Pell 
     grant that shall be awarded under this section to any student 
     who qualifies under this section shall be an amount equal to 
     the amount for which the student is eligible under section 
     401 (determined without regard to the provisions of this 
     section), except that if the amount appropriated pursuant to 
     subsection (d) is less than the amount required to award such 
     additional amounts to all such students, the additional 
     amount awarded to each such student under this section shall 
     be ratably reduced.
       ``(c) Determinations of Eligibility.--
       ``(1) Procedures established by regulation.--The Secretary 
     shall establish by regulation procedures for the 
     determination of eligibility of students for increased Pell 
     grant awards under this section. Such procedures shall 
     include measures to prevent any secondary school from 
     certifying more than 10 percent of it's students for 
     eligibility under this section.
       ``(2) Coordination with need analysis.--In prescribing 
     procedures under paragraph (1), the Secretary shall ensure 
     that the determination of eligibility and the amount of the 
     increase in the Pell grant award is determined in a timely 
     manner consistent with the requirements of section 482 and 
     the submission of the financial aid form required by section 
     483. For such purposes, the Secretary may provide that, for 
     the first of a student's two academic years of eligibility 
     under this section, class rank may be determined prior to 
     graduation, at such time and in such manner as the Secretary 
     may specify in the regulations prescribed under this 
     subsection.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to award increased Pell grants 
     under this section $240,000,000 for fiscal year 1999 and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years.''.

                                 H.R. 6

                    Offered By: Mrs. Meek of Florida

       Amendment No. 45: Page 128, line 12, strike the close 
     quotation marks and following period and after such line 
     insert the following:

  ``CHAPTER 6--DEMONSTRATION PROJECTS ENSURING EQUAL OPPORTUNITY FOR 
                 INDIVIDUALS WITH LEARNING DISABILITIES

     ``SEC. 412A. PROGRAM AUTHORITY.

       ``(a) In General.--The Secretary may award grants to, and 
     enter into contracts and cooperative agreements with, not 
     more than 5 institutions of higher education that are 
     described in section 412B for demonstration projects to 
     develop, test, and disseminate, in accordance with section 
     412C, methods, techniques, and procedures for ensuring equal 
     educational opportunity for individuals with learning 
     disabilities in postsecondary education.
       ``(b) Award Basis.--Grants, contracts, and cooperative 
     agreements shall be awarded on a competitive basis.
       ``(c) Award Period.--Grants, contracts, and cooperative 
     agreements shall be awarded for a period of 3 years.

     ``SEC. 412B. ELIGIBLE ENTITIES.

       ``Entities eligible to apply for a grant, contract, or 
     cooperative agreement under this

[[Page H2433]]

     chapter are institutions of higher education with 
     demonstrated prior experience in meeting the postsecondary 
     educational needs of individuals with learning disabilities.

     ``SEC. 412C. REQUIRED ACTIVITIES.

       ``A recipient of a grant, contract, or cooperative 
     agreement under this chapter shall use the funds received 
     under this chapter to carry out each of the following 
     activities:
       ``(1) Developing or identifying innovative, effective, and 
     efficient approaches, strategies, supports, modifications, 
     adaptations, and accommodations that enable individuals with 
     learning disabilities to fully participate in postsecondary 
     education.
       ``(2) Synthesizing research and other information related 
     to the provision of services to individuals with learning 
     disabilities in postsecondary education.
       ``(3) Conducting training sessions for personnel from other 
     institutions of higher education to enable them to meet the 
     special needs of postsecondary students with learning 
     disabilities.
       ``(4) Preparing and disseminating products based upon the 
     activities described in paragraphs (1) through (3).
       ``(5) Coordinating findings and products from the 
     activities described in paragraphs (1) through (4) with other 
     similar products and findings through participation in 
     conferences, groups, and professional networks involved in 
     the dissemination of technical assistance and information on 
     postsecondary education.

     ``SEC. 412D. PRIORITY.

       ``The Secretary shall ensure that, to the extent feasible, 
     there is a national geographic distribution of grants, 
     contracts, and cooperative agreements awarded under this 
     chapter throughout the States, except that the Secretary may 
     give priority, with respect to one of the grants to be 
     awarded, to a historically Black college or university that 
     satisfies the requirements of section 412B.

     ``SEC. 412E. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     chapter $10,000,000 for each of the fiscal years 1999 through 
     2001.''.

                                 H.R. 6

                  Offered By: Mr. Miller of California

       Amendment No. 46: Page 68, line 12, redesignate section 206 
     as section 207, and before such line insert the following new 
     section (and conform the table of contents accordingly):

     SEC. 206. ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION 
                   THAT PREPARE TEACHERS.

       Title II is further amended by adding at the end the 
     following new part:

  ``PART F--ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION THAT 
                            PREPARE TEACHERS

     ``SEC. 281. DATA COLLECTION.

       ``(a) Data Required.--Within one year after the date of 
     enactment of the Higher Education Amendments of 1998, and 
     annually thereafter, the Secretary shall collect from each 
     State and publish the following information:
       ``(1) A description of the teacher licensing and 
     credentialing assessments used by each State, including any 
     and all assessments required in the subject matter area or 
     areas in which a teacher provides instruction.
       ``(2) The standards and criteria established by each State 
     that teachers or prospective teachers must meet in order to 
     receive a passing score on such assessments, including 
     information on the extent to which passing such examinations 
     is required in order for an individual to be a classroom 
     teacher.
       ``(3) Information on the extent to which teachers or 
     prospective teachers in each State are required to take 
     examinations or other assessments of their subject matter 
     knowledge in the area or areas in which they provide 
     instruction, the standards established for passing any such 
     assessments, and the extent to which teachers or prospective 
     teachers are required to receive a passing score on such 
     assessments in order to teach in specific subject areas or 
     grade levels.
       ``(4) Information on the extent to which each State waives 
     teacher credentialing and licensing requirements, including 
     the proportion of all teachers or prospective teachers in the 
     State for whom such licensing and credentialing requirements 
     have been waived and the distribution of such individuals 
     across high- and low-poverty schools and across grade levels 
     and subject areas.
       ``(5) The pass rate, for the preceding year, on all teacher 
     licensing and credentialing assessments for all individuals 
     in the State who took such assessments, disaggregated by the 
     institution of higher education from which the teacher 
     received his or her most recent degree, gender, race, and 
     ethnicity.
       ``(b) Coordination.--The Secretary, to the extent 
     practicable, shall coordinate the information collected and 
     published under this part among States for individuals who 
     took State teacher licensing or credentialing assessments in 
     a State other than the State in which the individual received 
     his or her most recent degree.
       ``(c) Use of Local Agencies.--For each State in which there 
     are no State licensing or credentialing assessments, the 
     Secretary shall, to the extent practicable, collect data 
     comparable to the data described in paragraphs (1) through 
     (5) of subsection (a) from local educational agencies, 
     colleges and universities, or other entities that administer 
     such assessments to teachers or prospective teachers.

     ``SEC. 282. DATA DISSEMINATION.

       ``(a) Effective Date of Requirements.--The data required to 
     be distributed under this section shall be distributed 
     beginning within 3 years after the date of enactment of the 
     Higher Education Amendments of 1998 and annually thereafter.
       ``(b) Passing Rates.--Each institution of higher education 
     that has a course of study that prepares elementary and 
     secondary school teachers and receives Federal funds will 
     report and distribute widely, including through prominent 
     publications such as catalogs and promotional materials sent 
     to potential applicants, high school guidance counselors, and 
     the employers of graduates of such institutions, their pass 
     rate for graduates of the institution on each of the State's 
     initial teacher certification and licensing assessments for 
     the most recent year for which data are available at the time 
     of publication of such materials.
       ``(c) Identification of Institutions With Passing Rates 
     Below 70 Percent.--Each State shall submit to the Secretary a 
     list of institutions of higher education that prepare 
     teachers and receive Federal funds under this Act for which, 
     for the preceding year, less than 70 percent of graduates who 
     took any of the State's initial teacher licensing and 
     credentialing assessments failed to receive a passing score 
     on any such assessment. For each assessment, data shall be 
     disaggregated by the institution of higher education from 
     which the test taker received his or her most recent degree, 
     unless such degree was granted more than 3 years prior to the 
     date such assessment was administered. Data shall also be 
     disaggregated by subject, grade level, gender, race, and 
     ethnicity where appropriate. The State shall distribute this 
     list widely, including to high school guidance counselors.
       ``(d) Report on Improvement Efforts.--Each institution for 
     which the pass rate, for the preceding year, of graduates on 
     any teacher licensing and credentialing assessment falls 
     below 70 percent shall report to the State on efforts 
     underway to improve the performance of its graduates on such 
     assessments. Each State shall gather and publicize all such 
     reports and submit them to the Secretary. Such report shall 
     include--
       ``(1) efforts underway by the institution to provide 
     additional resources to the institution's teacher preparation 
     program;
       ``(2) efforts underway by the institution or the teacher 
     preparation program to implement more challenging admissions 
     standards or more rigorous academic and curricular standards 
     for teacher training programs;
       ``(3) efforts to improve the subject area knowledge of 
     teachers, particularly in those subject areas in which less 
     than 70 percent of graduates achieve passing scores on State 
     assessments; and
       ``(4) participation in collaborative efforts with the State 
     or Federal Government (including grants through this title) 
     or with nongovernmental organizations to upgrade the quality 
     of the institution's teacher preparation program.
       ``(e) Fines.--In addition to the actions authorized in 
     section 487(c), the Secretary shall impose a fine of not less 
     than $25,000 on an institution of higher education for 
     failure to provide the information described in section 281 
     and this section in a timely and accurate manner, or for 
     failing to cooperate with the State and the Secretary to 
     obtain the information required by this section. The 
     Secretary shall use any and all such funds collected through 
     such fines for the purpose of supplementing grants made under 
     this title.

     ``SEC. 283. TERMINATION OF ELIGIBILITY.

       ``(a) Effective Date.--The provisions of this section shall 
     be effective on and after 5 years after the date of enactment 
     of the Higher Education Amendments of 1998.
       ``(b) Loss of Title IV Eligibility.--
       ``(1) In general.--A student who is enrolled in an 
     institution of higher education as a major in a school or 
     department of education, or who is otherwise enrolled in a 
     program of professional training pursuant to becoming an 
     elementary or secondary school teacher, shall be ineligible 
     for aid under title IV of this Act to cover the cost of 
     instruction associated with enrollment in such school, 
     department, or program unless at least 70 percent of the 
     graduates of such school, department, or program who took 
     State teacher licensing and certification assessments, 
     received a passing score on all such assessments for the 
     preceding 2 consecutive years.
       ``(2) Clarification.--Notwithstanding paragraph (1)--
       ``(A) a student who is enrolled in an institution of higher 
     education as a major in a school or department of education, 
     or who is otherwise enrolled in a program of professional 
     training pursuant to becoming an elementary or secondary 
     school teacher, shall be eligible for aid under title IV of 
     this Act for classes offered outside such school, department, 
     or program; and
       ``(B) the Secretary may not impose as a remedy for failure 
     to comply with the requirements of this section any sanction 
     affecting the eligibility of any student for assistance under 
     Title IV of this Act unless such student is a major in a 
     school or department of education or is otherwise enrolled in 
     a program of professional training pursuant to becoming an 
     elementary or secondary school teacher.
       ``(c) Scoring Changes.--
       ``(1) Lowering scores.--Any State which lowers its 
     qualifying score, with the effect of decreasing the 
     difficulty of achieving a passing score on any such 
     assessment, shall report the change to the Secretary. For the

[[Page H2434]]

     purposes of this section, the pass rate for such State shall 
     be computed based on the qualifying scores in place on the 
     date of enactment of the Higher Education Amendments of 1998.
       ``(2) Raising scores.--For the purposes of this section, 
     any State which raises its cut score in order to increase the 
     difficulty of passing any such assessment shall have the 
     option of calculating pass rates on such assessments based on 
     the original, lower qualifying score for a period of not more 
     than 5 years.

     ``SEC. 284. NATIONAL TEACHER CERTIFICATION PROHIBITED.

       ``Nothing in this part shall be construed to permit, allow, 
     encourage, or authorize any national system of teacher 
     certification.''.

                                 H.R. 6

                  Offered By: Mr. Miller of California

       Amendment No. 47: Page 68, line 12, redesignate section 206 
     as section 207, and before such line insert the following new 
     section (and conform the table of contents accordingly):

     SEC. 206. ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION 
                   THAT PREPARE TEACHERS.

       Title II is further amended by adding at the end the 
     following new part:

  ``PART F--ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION THAT 
                            PREPARE TEACHERS

     ``SEC. 281. DATA COLLECTION.

       ``(a) Data Required.--Within one year after the date of 
     enactment of the Higher Education Amendments of 1998, and 
     annually thereafter, the Secretary shall collect from each 
     State and publish the following information:
       ``(1) A description of the teacher licensing and 
     credentialing assessments used by each State, including any 
     and all assessments required in the subject matter area or 
     areas in which a teacher provides instruction.
       ``(2) The standards and criteria established by each State 
     that teachers or prospective teachers must meet in order to 
     receive a passing score on such assessments, including 
     information on the extent to which passing such examinations 
     is required in order for an individual to be a classroom 
     teacher.
       ``(3) Information on the extent to which teachers or 
     prospective teachers in each State are required to take 
     examinations or other assessments of their subject matter 
     knowledge in the area or areas in which they provide 
     instruction, the standards established for passing any such 
     assessments, and the extent to which teachers or prospective 
     teachers are required to receive a passing score on such 
     assessments in order to teach in specific subject areas or 
     grade levels.
       ``(4) Information on the extent to which each State waives 
     teacher credentialing and licensing requirements, including 
     the proportion of all teachers or prospective teachers in the 
     State for whom such licensing and credentialing requirements 
     have been waived and the distribution of such individuals 
     across high- and low-poverty schools and across grade levels 
     and subject areas.
       ``(5) The pass rate, for the preceding year, on all teacher 
     licensing and credentialing assessments for all individuals 
     in the State who took such assessments, disaggregated by the 
     institution of higher education from which the teacher 
     received his or her most recent degree, gender, race, and 
     ethnicity.
       ``(b) Coordination.--The Secretary, to the extent 
     practicable, shall coordinate the information collected and 
     published under this part among States for individuals who 
     took State teacher licensing or credentialing assessments in 
     a State other than the State in which the individual received 
     his or her most recent degree.
       ``(c) Use of Local Agencies.--For each State in which there 
     are no State licensing or credentialing assessments, the 
     Secretary shall, to the extent practicable, collect data 
     comparable to the data described in paragraphs (1) through 
     (5) of subsection (a) from local educational agencies, 
     colleges and universities, or other entities that administer 
     such assessments to teachers or prospective teachers.

     ``SEC. 282. DATA DISSEMINATION.

       ``(a) Effective Date of Requirements.--The data required to 
     be distributed under this section shall be distributed 
     beginning within 3 years after the date of enactment of the 
     Higher Education Amendments of 1998 and annually thereafter.
       ``(b) Passing Rates.--Each institution of higher education 
     that has a course of study that prepares elementary and 
     secondary school teachers and receives Federal funds will 
     report and distribute widely, including through prominent 
     publications such as catalogs and promotional materials sent 
     to potential applicants, high school guidance counselors, and 
     the employers of graduates of such institutions, their pass 
     rate for graduates of the institution on each of the State's 
     initial teacher certification and licensing assessments for 
     the most recent year for which data are available at the time 
     of publication of such materials.
       ``(c) Identification of Institutions With Passing Rates 
     Below 70 Percent.--Each State shall submit to the Secretary a 
     list of institutions of higher education that prepare 
     teachers and receive Federal funds under this Act for which, 
     for the preceding year, less than 70 percent of graduates who 
     took any of the State's initial teacher licensing and 
     credentialing assessments failed to receive a passing score 
     on any such assessment. For each assessment, data shall be 
     disaggregated by the institution of higher education from 
     which the test taker received his or her most recent degree, 
     unless such degree was granted more than 3 years prior to the 
     date such assessment was administered. Data shall also be 
     disaggregated by subject, grade level, gender, race, and 
     ethnicity where appropriate. The State shall distribute this 
     list widely, including to high school guidance counselors.
       ``(d) Report on Improvement Efforts.--Each institution for 
     which the pass rate, for the preceding year, of graduates on 
     any teacher licensing and credentialing assessment falls 
     below 70 percent shall report to the State on efforts 
     underway to improve the performance of its graduates on such 
     assessments. Each State shall gather and publicize all such 
     reports and submit them to the Secretary. Such report shall 
     include--
       ``(1) efforts underway by the institution to provide 
     additional resources to the institution's teacher preparation 
     program;
       ``(2) efforts underway by the institution or the teacher 
     preparation program to implement more challenging admissions 
     standards or more rigorous academic and curricular standards 
     for teacher training programs;
       ``(3) efforts to improve the subject area knowledge of 
     teachers, particularly in those subject areas in which less 
     than 70 percent of graduates achieve passing scores on State 
     assessments; and
       ``(4) participation in collaborative efforts with the State 
     or Federal Government (including grants through this title) 
     or with nongovernmental organizations to upgrade the quality 
     of the institution's teacher preparation program.
       ``(e) Fines.--In addition to the actions authorized in 
     section 487(c), the Secretary shall impose a fine of not less 
     than $25,000 on an institution of higher education for 
     failure to provide the information described in section 281 
     and this section in a timely and accurate manner, or for 
     failing to cooperate with the State and the Secretary to 
     obtain the information required by this section. The 
     Secretary shall use any and all such funds collected through 
     such fines for the purpose of supplementing grants made under 
     this title.''.

                                 H.R. 6

                  Offered By: Mr. Miller of California

       Amendment No. 48: Page 68, line 12, redesignate section 206 
     as section 207, and before such line insert the following new 
     section (and conform the table of contents accordingly):

     SEC. 206. ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION 
                   THAT PREPARE TEACHERS.

       Title II is further amended by adding at the end the 
     following new part:

  ``PART F--ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION THAT 
                            PREPARE TEACHERS

     ``SEC. 281. TERMINATION OF ELIGIBILITY.

       ``(a) Effective Date.--The provisions of this section shall 
     be effective on and after 5 years after the date of enactment 
     of the Higher Education Amendments of 1998.
       ``(b) Loss of Title IV Eligibility.--
       ``(1) In general.--A student who is enrolled in an 
     institution of higher education as a major in a school or 
     department of education, or who is otherwise enrolled in a 
     program of professional training pursuant to becoming an 
     elementary or secondary school teacher, shall be ineligible 
     for aid under title IV of this Act to cover the cost of 
     instruction associated with enrollment in such school, 
     department, or program unless at least 70 percent of the 
     graduates of such school, department, or program who took 
     State teacher licensing and certification assessments, 
     received a passing score on all such assessments for the 
     preceding 2 consecutive years.
       ``(2) Clarification.--Notwithstanding paragraph (1)--
       ``(A) a student who is enrolled in an institution of higher 
     education as a major in a school or department of education, 
     or who is otherwise enrolled in a program of professional 
     training pursuant to becoming an elementary or secondary 
     school teacher, shall be eligible for aid under title IV of 
     this Act for classes offered outside such school, department, 
     or program; and
       ``(B) the Secretary may not impose as a remedy for failure 
     to comply with the requirements of this section any sanction 
     affecting the eligibility of any student for assistance under 
     Title IV of this Act unless such student is a major in a 
     school or department of education or is otherwise enrolled in 
     a program of professional training pursuant to becoming an 
     elementary or secondary school teacher.
       ``(c) Scoring Changes.--
       ``(1) Lowering scores.--Any State which lowers its 
     qualifying score, with the effect of decreasing the 
     difficulty of achieving a passing score on any such 
     assessment, shall report the change to the Secretary. For the 
     purposes of this section, the pass rate for such State shall 
     be computed based on the qualifying scores in place on the 
     date of enactment of the Higher Education Amendments of 1998.
       ``(2) Raising scores.--For the purposes of this section, 
     any State which raises its cut score in order to increase the 
     difficulty of passing any such assessment shall have the 
     option of calculating pass rates on such assessments based on 
     the original, lower qualifying score for a period of not more 
     than 5 years.''.

[[Page H2435]]

                                 H.R. 6

                  Offered By: Mr. Miller of California

       Amendment No. 49: Page 68, line 12, redesignate section 206 
     as section 207, and before such line insert the following new 
     section (and conform the table of contents accordingly):

     SEC. 206. ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION 
                   THAT PREPARE TEACHERS.

       Title II is further amended by adding at the end the 
     following new part:

  ``PART F--ACCOUNTABILITY FOR INSTITUTIONS OF HIGHER EDUCATION THAT 
                            PREPARE TEACHERS

     ``SEC. 281. DATA COLLECTION.

       ``(a) Data Required.--Within one year after the date of 
     enactment of the Higher Education Amendments of 1998, and 
     annually thereafter, the Secretary shall collect from each 
     State receiving funds under this Act and publish the 
     following information:
       ``(1) A description of the teacher licensing and 
     credentialing assessments used by each State, including any 
     and all assessments required in the subject matter area or 
     areas in which a teacher provides instruction.
       ``(2) The standards and criteria established by each State 
     that teachers or prospective teachers must meet in order to 
     receive a passing score on such assessments, including 
     information on the extent to which passing such examinations 
     is required in order for an individual to be a classroom 
     teacher.
       ``(3) Information on the extent to which teachers or 
     prospective teachers in each State are required to take 
     examinations or other assessments of their subject matter 
     knowledge in the area or areas in which they provide 
     instruction, the standards established for passing any such 
     assessments, and the extent to which teachers or prospective 
     teachers are required to receive a passing score on such 
     assessments in order to teach in specific subject areas or 
     grade levels.
       ``(4) Information on the extent to which each State waives 
     teacher credentialing and licensing requirements, including 
     the proportion of all teachers or prospective teachers in the 
     State for whom such licensing and credentialing requirements 
     have been waived and the distribution of such individuals 
     across high- and low-poverty schools and across grade levels 
     and subject areas.
       ``(5) The pass rate, for the preceding year, on all teacher 
     licensing and credentialing assessments for all individuals 
     in the State who took such assessments, disaggregated by the 
     institution of higher education from which the teacher 
     received his or her most recent degree.
       ``(b) Coordination.--The Secretary, to the extent 
     practicable, shall coordinate the information collected and 
     published under this part among States for individuals who 
     took State teacher licensing or credentialing assessments in 
     a State other than the State in which the individual received 
     his or her most recent degree.
       ``(c) Use of Local Agencies.--For each State in which there 
     are no State licensing or credentialing assessments, the 
     Secretary shall, to the extent practicable, collect data 
     comparable to the data described in paragraphs (1) through 
     (5) of subsection (a) from local educational agencies, 
     colleges and universities, or other entities that administer 
     such assessments to teachers or prospective teachers.

     ``SEC. 282. DATA DISSEMINATION.

       ``(a) Effective Date of Requirements.--The data required to 
     be distributed under this section shall be distributed 
     beginning within 3 years after the date of enactment of the 
     Higher Education Amendments of 1998 and annually thereafter.
       ``(b) Passing Rates.--Each institution of higher education 
     that has a course of study that prepares elementary and 
     secondary school teachers and receives Federal funds will 
     report and distribute widely, including through prominent 
     publications such as catalogs and promotional materials sent 
     to potential applicants, high school guidance counselors, and 
     the employers of graduates of such institutions, their pass 
     rate for graduates of the institution on each of the State's 
     initial teacher certification and licensing assessments for 
     the most recent year for which data are available at the time 
     of publication of such materials.
       ``(c) Identification of Institutions With Passing Rates 
     Below 70 Percent.--Each State shall submit to the Secretary a 
     list of institutions of higher education that prepare 
     teachers and receive Federal funds under this Act for which, 
     for the preceding year, less than 70 percent of graduates who 
     took any of the State's initial teacher licensing and 
     credentialing assessments failed to receive a passing score 
     on any such assessment. For each assessment, data shall be 
     disaggregated by the institution of higher education from 
     which the student received his or her most recent degree, 
     unless such degree was granted more than 3 years prior to the 
     date such assessment was administered.

     ``SEC. 283. STATE FUNCTIONS.

       ``(a) State Assessment.--In order to receive funds under 
     this Act, a State shall, no later than one year after the 
     date of enactment of the Higher Education Amendments of 1998, 
     have in place a procedure to identify low performing programs 
     of teacher preparation within institutions of higher 
     education. Such levels of performance shall be determined 
     solely by the State and may include criteria based upon 
     information collected pursuant to this part. Such assessment 
     shall be described in the report under section 281.
       ``(b) Termination of Eligibility.--Any institution of 
     higher education that offers a program of teacher preparation 
     in which the State has withdrawn its approval or terminated 
     its financial support due to the low performance of its 
     teacher preparation program based upon the State assessment 
     described in section (a)--
       ``(1) shall be ineligible for any funding for professional 
     development activities awarded by the Department of 
     Education; and
       ``(2) shall not be permitted to accept or enroll any 
     student that receives aid under title IV of this Act in its 
     teacher preparation program.

     ``SEC. 284. NEGOTIATED RULEMAKING.

       ``If the Secretary develops any regulations implementing 
     section 283(b)(2), the Secretary shall submit such proposed 
     regulations to a negotiated rulemaking process which shall 
     include representatives of States and institutions of higher 
     education for their review and comment.

                                 H.R. 6

                  Offered By: Mr. Miller of California

       Amendment No. 50: Page 334, after line 19, insert the 
     following new section (and redesignate the succeeding 
     sections and conform the table of contents accordingly):

     SEC. 806. LABOR CODES OF CONDUCT.

       (a) Findings.--The Congress finds the following:
       (1) American workers have the right to a fair and safe 
     workplace and to reasonable compensation under the law, such 
     as under the Fair Labor Standards Act, the National Labor 
     Relations Act, and the Occupational Safety and Health Act.
       (2) Despite United States workplace laws, sweatshops and 
     other forms of labor exploitation persist domestically. The 
     Clinton Administration's Department of Labor has recovered 
     $23,100,000 in illegally held back wages for over 45,000 
     garment workers, including $2,900,000 in back wages in 1997 
     alone. In 1997, 63 percent of the New York City garment shops 
     investigated by the Department of Labor were found in 
     violation of the minimum wage and overtime provisions of the 
     Fair Labor Standards Act. And, a recent study commissioned by 
     the Associated Press found that 13,000 children work in 
     sweatshops in the United States.
       (3) The use of sweatshop and child labor abroad for goods 
     imported to the United States remains a problem, particularly 
     in the apparel and sporting goods sectors, including the use 
     of subminimum wages, bonded and indentured labor, and 
     unhealthy working conditions. The International Labor 
     Organization estimated there are 250,000,000 underage 
     children working worldwide, in all sectors of the economy, 
     such as agriculture, services and manufacturing for 
     domestically consumed and exported items.
       (4) Federal law, including the Trade Act of 1930, bans the 
     importation of products made with indentured servitude, 
     forced or slave labor into the United States.
       (5) Codes of Conduct are voluntary steps taken by the 
     private sector.
       (6) Rigorous codes of conduct are an important component of 
     a larger set of tools to reduce sweatshop and child labor.
       (7) The Apparel Industry Partnership, comprised of major 
     retail companies, human rights groups and labor unions, is 
     seeking agreement on a code of conduct to reduce the use of 
     sweatshops and child labor.
       (8) American consumers have repeatedly expressed an 
     interest in buying goods not made with exploited labor.
       (9) American consumers frequently have no ability to know 
     whether a product has been made with exploited labor.
       (10) Informed consumer choices can be a powerful tool in 
     the reduction of sweatshops and exploited labor.
       (11) The market for college and university licensed 
     merchandise such as caps, t-shirts, sweat pants, and other 
     items is valued at over $2,000,000,000 a year, with 80 
     percent of the market coming from apparel products.
       (12) Several universities, including most recently Duke 
     University and Brown University, have adopted codes of 
     conduct specifically requiring companies that manufacture 
     products bearing those universities' names to adhere to 
     minimum labor standards both domestically and abroad.
       (13) Few universities and colleages, and none of those with 
     the largest volume of merchandise sales, have labor codes of 
     conduct regarding sweatshop and child labor covering 
     companies that market their merchandise.
       (15) The Association of Collegiate Licensing Administrators 
     is expected to discuss labor codes of conduct at its annual 
     meeting beginning on May 13.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that all American colleges and universities should adopt 
     rigorous labor codes of conduct to assure that university and 
     college licensed merchandise is not made by sweatshop and 
     exploited adult or child labor either domestically or abroad 
     and that such codes should include but not be limited to: 
     public reporting of the code and the companies adhering to 
     it; independent monitoring of the companies adhering to the 
     code by entities not limited to major international 
     accounting firms; an explicit prohibition on the use of child 
     labor; an explicit requirement that companies pay workers at 
     least the governing minimum wage and applicable overtime; 
     explicit requirement that companies allow workers the right 
     to organize without retribution; and, an explicit requirement 
     that companies maintain a safe and healthy workplace.

[[Page H2436]]

                                 H.R. 6

                         Offered By: Mr. Owens

       Amendment No. 51: Page 68, after line 11, insert the 
     following new section (and redesignate the succeeding section 
     accordingly):

     SEC. 206. POSTSECONDARY INFORMATION TECHNOLOGY EDUCATION 
                   RECRUITMENT

       (a) Findings.--The Congress finds the following:
       (1) There are more than 200,000 to 400,000 vacancies in 
     various categories of information technology jobs.
       (2) From 1996 to 2005, more than 1,300,000 new computer 
     scientists, engineers, and systems analysts will be required 
     in the United States to fill vacant jobs, which equals 
     136,800 new workers per year.
       (3) Systems analysts will experience the largest job 
     growth, accounting for a 103 percent increase in the number 
     of new positions from 1996 (506,000) to 2005 (1,025,000).
       (4) The shortage of information technology workers 
     transcends industries, affecting the manufacturing, service, 
     transportation, health care, education, and government 
     sectors. Within each sector, vacancies exist at all levels 
     from aides and mechanics to programmers and designers.
       (5) The information technology worker shortage is having an 
     adverse effect on the viability of businesses in the United 
     States and on the Nation's competitiveness. Industry surveys 
     report that half of industry executives cite the lack of 
     workers skilled in technology as the number one obstacle to 
     their company's growth. An additional 20 percent of industry 
     executives identify the lack of information technology 
     workers as a major obstacle to their company's growth.
       (6) A major factor affecting the short supply of 
     information technology workers is the mismatch between what 
     universities teach and what industry needs.
       (7) It is in the national interest to promote special 
     initiatives which effectively educate and train our domestic 
     workforce to keep pace with these expanding job 
     opportunities.
       (8) Institutions of higher education have the capacity and 
     resources to provide a role of oversight and technical 
     assistance to a wide range of local entities, including 
     community-based organizations, participating in a 
     comprehensive education and training program for potential 
     technology workers.
       (9) Higher education institutions must be responsive to the 
     digital environment and expand both their outreach efforts 
     and on-campus activities to train and certify individuals to 
     close the information technology worker gap.
       (b) Amendment.--Title II is amended by adding at the end 
     the following:

         ``PART G--INFORMATION TECHNOLOGY EDUCATION RECRUITMENT

     ``SEC. 281. PARTNERSHIPS FOR POSTSECONDARY INFORMATION 
                   TECHNOLOGY EDUCATION RECRUITMENT

       ``(a) Grants Authorized.--
       ``(1) In general.--The Secretary may make grants under this 
     section, in accordance with competitive criteria established 
     by the Secretary, to institutions of higher education, in 
     order to establish, oversee the operation of, and provide 
     technical assistance to, projects described in paragraph (2).
       ``(2) Projects.--Projects under this section shall be 
     projects implemented by a community-based organization 
     described in subsection (b), or by the institution of higher 
     education receiving the grant, to provide postsecondary 
     information technology education and employment procurement 
     assistance to eligible individuals described in subsection 
     (c).
       ``(3) Restrictions.--An institution of higher education 
     shall be eligible to receive only one grant under this 
     section, but may, subject to the requirements of this 
     section, use the grant to enter into contracts with more than 
     one community-based organization. A community-based 
     organization shall not be eligible to enter into a contract 
     under this section with more than one institution of higher 
     education.
       ``(4) Period of grant.--The provision of payments under a 
     grant under this section shall not exceed 5 fiscal years and 
     shall be subject to the annual approval of the Secretary and 
     subject to the availability of appropriations for each fiscal 
     year involved.
       ``(b) Community-Based Organizations.--
       ``(1) In general.--Subject to paragraph (2), a community-
     based organization described in this subsection is an entity 
     that, at the time the entity enters into a contract with an 
     institution of higher education for a project under this 
     section, and throughout the duration of that contract--
       ``(A) is--
       ``(i) a governmental agency; or
       ``(ii) an organization described in section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code; and
       ``(B) is one of the following:
       ``(i) A local partnership (as defined in section 4 of the 
     School-to-Work Opportunities Act of 1994) receiving a grant 
     under section 302 of such Act.
       ``(ii) An entity organized and operated for religious 
     purposes.
       ``(iii) An entity furnishing school-age child care services 
     after school.
       ``(iv) A community-based college computer recruitment 
     center.
       ``(v) An entity furnishing adult education.
       ``(vi) A library.
       ``(vii) A museum.
       ``(viii) Any other entity organized and operated for 
     cultural, literary, or educational purposes.
       ``(2) Limitation.--An entity shall not be considered a 
     community-based organization described in this subsection 
     unless, at the time the entity enters into a contract with an 
     institution of higher education for a project under this 
     section, it has demonstrated to the satisfaction of the 
     Secretary that--
       ``(A) it has the capacity successfully to recruit eligible 
     individuals described in subsection (c) for participation in 
     a project described in subsection (a), consistent with the 
     enrollment requirements in subsection (d)(2)(E);
       ``(B) it is providing an educational service, social 
     service, or employment procurement service; and
       ``(C) in the case of an entity that independently manages 
     its own finances, it has been in existence 2 years or more.
       ``(c) Eligible Individuals.--An eligible individual 
     described in this subsection is an individual who--
       ``(1) has submitted a satisfactory application to receive 
     postsecondary information technology education recruitment 
     assistance through a project under this section; and
       ``(2) has a certificate of graduation from a school 
     providing secondary education, or the recognized equivalent 
     of such a certificate.
       ``(d) Duties.--
       ``(1) Institutions of higher education.--An institution of 
     higher education receiving a grant under this section shall 
     use the funds provided under the grant to carry out the 
     following duties:
       ``(A) Final selection of community-based organizations 
     described in subsection (b) desiring to provide, at one or 
     more sites, in accordance with a contract with the 
     institution of higher education and this section, 
     postsecondary information technology education and employment 
     procurement assistance to eligible individuals described in 
     subsection (c).
       ``(B) Entering into a contract with each community-based 
     organization selected under subparagraph (A) under which the 
     institution and the organization agree to carry out the 
     duties respectively required of them under this section with 
     respect to each site described in subparagraph (A).
       ``(C) With respect to each site described in subparagraph 
     (A)--
       ``(i) design of a process for the recruitment of students 
     from site to enroll in college courses or matriculate in 
     college programs;
       ``(ii) provision of such funding for the establishment and 
     initial operation of the site as was specified in the grant 
     application submitted by the institution to the Secretary;
       ``(iii) approval of final site selection and preparation;
       ``(iv) initial orientation and training of personnel 
     employed to manage and operate the site;
       ``(v) design and certification of the instructional and 
     academic programs, and oversight of the implementation of the 
     programs;
       ``(vi) oversight of equipment purchases and contracts for 
     equipment maintenance; and
       ``(vii) selection of an outside contractor for periodic 
     evaluation of the management and operation of the site.
       ``(2) Community-based organizations.--
       ``(A) In general.--A community-based organization 
     implementing a project under this section with an institution 
     of higher education, at one or more sites, shall carry out 
     the duties described in this paragraph, with respect to each 
     such site, subject to the oversight and guidance of the 
     institution.
       ``(B) General duties.--The organization--
       ``(i) shall undertake final site selection and preparation;
       ``(ii) shall recruit and hire a site director;
       ``(iii) shall carry out any supplementary instructional, 
     academic, or educational activities specified in the contract 
     with the institution of higher education that are not 
     described in subparagraph (D);
       ``(iv) shall assemble an advisory committee composed of 
     individuals residing in the community in which the site is 
     located, as well as industry representatives, who desire to 
     assist the organization in ensuring that the goals of the 
     organization are consistent with the goals and needs of the 
     community population;
       ``(v) shall provide to the institution other evidence of 
     volunteer support from among individuals residing in the 
     community in which the site is located and industry 
     representatives;
       ``(vi) shall recruit eligible individuals for enrollment, 
     subject to subparagraph (E);
       ``(vii) shall maintain waiting lists of eligible 
     individuals desiring to enroll in the project's programs;
       ``(C) Site requirements.--The organization shall ensure 
     that each site--
       ``(i) has a minimum of 20 fully functioning computers with 
     sufficient capacity to perform all of the computer operations 
     that are the subject of the curriculum specified in 
     subparagraph (D);
       ``(ii) in addition to the space for the computers described 
     in clause (i), has--

       ``(I) a classroom space with the capacity for seating a 
     minimum of 30 students;
       ``(II) a separate office for the site director;

       ``(iii) is real property subject to the control of the 
     organization or the institution, through a lease or other 
     legal instrument, for a period of not less than 5 years;
       ``(iv) is open to enrolled individuals not less than 12 
     hours per day; and
       ``(v) is located within walking distance of public 
     transportation.
       ``(D) Information technology curriculum.--

[[Page H2437]]

       ``(i) In general.--The organization shall ensure that each 
     site offers enrollees a curriculum that includes a broad 
     range of course work in information technology.
       ``(ii) Courses leading to certification.--Such curriculum 
     shall include course work leading to a certification of 
     competence in areas of information technology recognized by 
     the National Skill Standards Board established under the 
     National Skill Standards Act of 1994.
       ``(iii) Specific courses.--The computer training offered 
     shall include courses in basic computer competence, on-the-
     job upgrade assistance, and advanced computer competence.
       ``(E) Enrollment requirements.--The organization shall 
     ensure that its enrollment of eligible individuals at each 
     site is consistent with the following:
       ``(i) Not less than 50 percent of the eligible individuals 
     shall be, at the time of enrollment, individuals--

       ``(I) to whom a credit was allowed under section 32 of the 
     Internal Revenue Code of 1986 for the preceding taxable year;
       ``(II) who are recipients of assistance under a State 
     program funded under part A of title IV of the Social 
     Security Act;
       ``(III) who are a member of a household participating in 
     the food stamp program; or
       ``(IV) who are considered low-income pursuant to 
     regulations promulgated by the Secretary under this section.

       ``(ii) Not less than 50 percent of the eligible individuals 
     shall be, at the time of enrollment, under 25 years of age.
       ``(iii) No prerequisite relating to net worth, income, or 
     assets may be applied to any eligible individual who, at the 
     time of enrollment, is over 50 years of age, except that this 
     requirement shall not be construed to supersede clause (i).
       ``(e) Implementation of Projects Solely by Institutions.--
     The Secretary may make a grant under this section to an 
     institution of higher education that desires to implement a 
     project under this section without the participation of a 
     community-based organization described in subsection (b), if 
     the institution agrees to carry out all of the duties 
     required of such an organization under this section, in 
     addition to the duties otherwise required of an institution 
     of higher education. The Secretary shall, in awarding grants 
     under this section, give priority to institutions of higher 
     education whose grant application includes an assurance that 
     the institution will contract with one or more community-
     based organizations in accordance with this section.
       ``(f) Applications.--To apply for a grant under this 
     section for any fiscal year, an institution of higher 
     education shall submit an application to the Secretary in 
     accordance with the procedures established by the Secretary. 
     The application shall specify the institution's preliminary 
     selections for the community-based organizations (if any) 
     with which the institution proposes to contract, and shall 
     include information with respect to preliminary site 
     selections.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $100,000,000 for fiscal year 1999 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
       ``(h) Definitions.--For purposes of this section:
       ``(1) Adult education.--The term `adult education' has the 
     meaning given such term in section 312 of the Adult Education 
     Act.
       ``(2) Community-based college computer recruitment 
     center.--The term `community-based computer center' means a 
     computer center--
       ``(A) funded by both the Federal Government and at least 
     one private sector entity;
       ``(B) located in a low-income community (as determined by 
     the Secretary); and
       ``(C) organized and operated for the purpose of providing 
     families with access to computer resources that otherwise 
     would not be available to them.
       ``(3) Food stamp program.--The term `food stamp program' 
     has the meaning given such term in section 3(h) of the Food 
     Stamp Act of 1977.
       ``(4) Library.--The term `library' has the meaning given 
     such term in section 213 of the Library Services and 
     Technology Act.
       ``(5) Museum.--The term `museum' has the meaning given such 
     term in section 272 of the Museum and Library Services 
     Act.''.

                                 H.R. 6

                         Offered By: Mr. Petri

       Amendment No. 52: Page 156, after line 3, insert the 
     following new section:

     SEC. 416A. MARKET-BASED DETERMINATIONS OF LENDER RETURN.

       Part B of title IV is further amended by inserting 
     immediately after section 427A the following new section:

     ``SEC. 427B. MARKET-BASED DETERMINATIONS OF LENDER RETURN.

       ``(a) Pilot Program.--
       ``(1) Applicability of pilot programs.--Notwithstanding any 
     other provisions of this part, no special allowance or other 
     payment shall be paid under this part with respect to any 
     loan made for periods of instruction beginning on or after 
     July 1, 1999, but before July 1, 2001 pursuant to lending 
     authority auctioned by the Secretary under this subsection, 
     except as provided under the terms of the auctioned lending 
     authority as determined by the Secretary.
       ``(2) Use of auctions to apportion lending authority during 
     pilot programs.--
       ``(A) Auctions required.--The Secretary shall conduct one 
     or more pilot programs using an auction or other market-based 
     mechanism in accordance with paragraph (3) to allocate the 
     authority to make loans under this part among eligible 
     lenders, or such other rights pertaining to loans made under 
     this part as the Secretary determines appropriate.
       ``(B) Amount of lending authority auctioned.--The Secretary 
     shall determine the amount and nature of the lending 
     authority auctioned during the pilot programs under this 
     subsection, except that the lending authority auctioned under 
     the pilot programs shall not exceed 15 percent of the 
     anticipated annual loan volume during the period covered by 
     the pilot programs.
       ``(C) Transferability of lending authority.--An eligible 
     lender may transfer any lending authority acquired pursuant 
     to this subsection to another eligible lender upon such terms 
     as may be agreed upon between such lenders, except that the 
     acquiring lender may not extend loans pursuant to such 
     authority except after notice to the Secretary in such form 
     and manner as the Secretary may require by regulation.
       ``(D) Exercise of lending authority.--The Secretary shall, 
     in accordance with regulation, verify that a lender is not 
     making loans under this paragraph in excess of the amounts of 
     lending authority obtained in accordance with this paragraph. 
     Such regulations shall provide that any lender who acquires, 
     directly or pursuant to subparagraph (C), lending authority 
     that was obtained at auction pursuant to two or more bids of 
     different amounts shall be deemed to exercise such authority 
     in descending order based on the amounts of such bids.
       ``(3) Conduct of auction.--
       ``(A) In general.--
       ``(i) The Secretary shall allocate the amount of lending 
     authority determined under paragraph (2) among eligible 
     lenders submitting bids in descending order by the unit price 
     bid, but permitting each bidding lender to acquire such 
     authority at the unit price bid by the next lower ranking 
     bid, except that the Secretary may establish by regulation a 
     different procedure for the conduct of the auction if the 
     Secretary determines that such procedure will secure more 
     receipts for the United States. The Secretary shall not 
     permit any lender to acquire more than one-third of the 
     amount of the lending authority offered at any auction 
     conducted under this subsection, but a lender shall not be 
     prohibited from acquiring more than such amount pursuant to 
     paragraph (2)(C).
       ``(ii) The Secretary is also authorized to conduct pilot 
     programs under this subsection using such other market-based 
     mechanism for determining the return to lenders under this 
     part as the Secretary determines appropriate.
       ``(B) Bids greater than zero.--Any lender whose bid is 
     accepted pursuant to subparagraph (A)(i) shall, if such bid 
     is made at a unit price exceeding zero, promptly pay to the 
     Secretary an amount equal to (i) the unit price, multiplied 
     by (ii) the amount of lending authority allocated to such 
     lender. A lender making such a payment shall have no claim to 
     a refund or remuneration based on the lender making loans in 
     an amount that is less than the amount of lending authority 
     obtained.
       ``(C) Bids less than zero.--The Secretary shall pay to any 
     lender whose bid is accepted pursuant to subparagraph (A)(i), 
     if such bid is made at a unit price that is less than zero, 
     an amount equal to--
       ``(i) the amount by which the unit price is less than zero, 
     multiplied by
       ``(ii) the amount of lending authority that the lender 
     demonstrates, in accordance with regulations prescribed by 
     the Secretary, he has exercised by making and disbursing 
     loans under this part.
       ``(D) Contractual right to payments.--Any lender whose bid 
     is accepted pursuant to subparagraph (A)(i), if such bid is 
     made at a unit price that is less than zero, shall be deemed 
     to have a contractual right against the United States, to 
     receive the payment required by subparagraph (C) in exchange 
     for the lender's satisfactory performance as determined by 
     the Secretary. Such payment shall be made promptly and 
     without administrative delay after receipt of an accurate and 
     complete request for payment, pursuant to procedures 
     established by regulations promulgated under this subsection.
       ``(E) Penalty for late payment.--If a payment required by 
     subparagraphs (C) and (D) has not been made within 30 days 
     after the Secretary has received an accurate, timely, and 
     complete request for payment thereof, the amount payable to 
     such lender shall be increased by an amount equal to the 
     daily interest accruing on the payments due the lender. For 
     such purpose, the daily interest shall be the daily 
     equivalent of the applicable rate of interest determined 
     under section 427A(a)(1).
       ``(4) Measures to facilitate exercise of lending authority 
     during pilot program.--The Secretary shall provide for the 
     establishment of facilities for the communication of 
     information that permits eligible borrowers to be informed of 
     the identity of, and means to contact, lenders holding 
     unexercised lending authority pursuant to this subsection.
       ``(b) Authority for Program-Wide Use of Market-Based 
     Mechanisms.--
       ``(1)(A) Notwithstanding any other provision of this part, 
     the Secretary is authorized to implement a program-wide 
     system of using market-based mechanisms to determine lender 
     return on loans made under this

[[Page H2438]]

     part for loans made for periods of instruction on or after 
     July 1, 2001.
       ``(B) The Secretary shall implement such program-wide 
     system only if the Secretary determines that doing so would 
     be feasible, efficient, include the means to ensure that all 
     eligible students would have access to loans, and be cost-
     effective when compared to the average program costs for the 
     preceding three years (as adjusted for loan volume).
       ``(2) Notwithstanding any other provision of this part, if 
     the Secretary does not implement such program-wide system, 
     the applicable interest rate on loans made for periods of 
     instruction on or after July 1, 2001 shall be increased by 
     .25 percent, and lenders' annual rate of return on such loans 
     shall be reduced by .25 percent.
       ``(c) Coordination.--The Secretary shall, by regulation, 
     coordinate the availability of loans pursuant to section 
     428(j) to the extent necessary--
       ``(1) to permit lenders to exercise the lending authority 
     secured pursuant to this subsection; and
       ``(2) to ensure that eligible borrowers obtain loans under 
     this part.
       ``(d) Authority To Prepare for Programs.--Notwithstanding 
     subsections (a) and (b), the Secretary may, before the dates 
     described in each such subsection--
       ``(1) prescribe regulations to carry out each such 
     subsection; and
       ``(2) expend funds appropriated pursuant to this part to 
     carry out activities necessary to the implementation of the 
     programs authorized by each such subsection.''.
       (b) Conforming Amendment.--Section 428(j)(1) (20 U.S.C. 
     1078(j)(1)) is amended by adding at the end the following new 
     sentence: ``The availability of loans under this subsection 
     shall be coordinated to the extent necessary in accordance 
     with regulations prescribed by the Secretary under section 
     427B.''.

                                 H.R. 6

                         Offered By: Mr. Petri

       Amendment No. 53: Page 192, after line 10, insert the 
     following new section (and conform the table of contents 
     accordingly):

     SEC. 430. MARKET-BASED DETERMINATIONS OF INTEREST SUBSIDIES.

       (a) Amendment.--Section 438 (20 U.S.C. 1087-1) is amended 
     by adding at the end the following new subsection:
       ``(g) Market-based Determinations of Interest Subsidies.--
       ``(1) Applicability.--Notwithstanding the preceding 
     provisions of this section, no special allowance or other 
     payment shall be paid under this section with respect to any 
     loan disbursed on or after July 1, 1999, except as provided 
     pursuant to this subsection.
       ``(2) Use of auctions to apportion lending authority.--
       ``(A) Auctions required.--The Secretary shall conduct an 
     auction in accordance with paragraph (3) to allocate the 
     authority to make loans under this part among eligible 
     lenders for any academic year. The Secretary shall estimate 
     the amount of lending authority that will be required by 
     eligible students for such an academic year, and shall by 
     auction allocate such amount, plus a reasonable margin for 
     unexpected loan demand.
       ``(B) Lending authority required.--A lender may not make a 
     loan under this part that is disbursed on or after July 1, 
     1999, except pursuant to an allocation of lending authority 
     pursuant to this paragraph.
       ``(C) Transferability of lending authority.--An eligible 
     lender may transfer any lending authority acquired pursuant 
     to this subsection to another eligible lender upon such terms 
     as may be agreed upon between such lenders, except that the 
     acquiring lender may not extend loans pursuant to such 
     authority except after notice to the Secretary in such form 
     and manner as the Secretary may require by regulation.
       ``(D) Exercise of lending authority.--The Secretary shall, 
     by regulation, provide for verification that a lender is not 
     making loans under this part in excess of the amounts of 
     lending authority obtained in accordance with this paragraph. 
     Such regulations shall provide that any lender who acquires, 
     directly or pursuant to subparagraph (C), lending authority 
     that was obtained at auction pursuant to two or more bids of 
     different amounts shall be deemed to exercise such authority 
     in descending order based on the amounts of such bids.
       ``(3) Conduct of auction.--
       ``(A) In general.--The Secretary shall allocate the amount 
     of lending authority determined under paragraph (2)(A) among 
     eligible lenders submitting bids in descending order by the 
     unit price bid, but permitting each bidding lender to acquire 
     such authority at the unit price bid by the next lower 
     ranking bid, except that the Secretary may establish by 
     regulation a different procedure for the conduct of the 
     auction if the Secretary determines that such procedure will 
     secure more receipts for the United States. The Secretary 
     shall not permit any lender to acquire more than one-third of 
     the amount of the lending authority offered at any auction 
     conducted under this subsection, but a lender shall not be 
     prohibited from acquiring more than such amount pursuant to 
     paragraph (2)(C).
       ``(B) Bids greater than zero.--Any lender whose bid is 
     accepted pursuant to subparagraph (A) shall, if such bid is 
     made at a unit price exceeding zero, promptly pay to the 
     Secretary an amount equal to (i) the unit price, multiplied 
     by (ii) the amount of lending authority allocated to such 
     lender. A lender making such a payment shall have no claim to 
     a refund or remuneration based on the lender making loans in 
     an amount that is less than the amount of lending authority 
     obtained.
       ``(C) Bids less than zero.--The Secretary shall pay to any 
     lender whose bid is accepted pursuant to subparagraph (A), if 
     such bid is made at a unit price that is less than zero, an 
     amount equal to--
       ``(i) the amount by which the unit price is less than zero, 
     multiplied by
       ``(ii) the amount of lending authority that the lender 
     demonstrates, in accordance with regulations prescribed by 
     the Secretary, has exercised by making and disbursing loans 
     under this part.
       ``(D) Contractual right of holders to special allowance.--
     Any lender whose bid is accepted pursuant to subparagraph 
     (A), if such bid is made at a unit price that is less than 
     zero, shall be deemed to have a contractual right against the 
     United States, to receive the payment required by 
     subparagraph (C). Such payment shall be made promptly and 
     without administrative delay after receipt of an accurate and 
     complete request for payment, pursuant to procedures 
     established by regulations promulgated under this subsection.
       ``(E) Penalty for late payment.--If a payment required by 
     subparagraphs (C) and (D) has not been made within 30 days 
     after the Secretary has received an accurate, timely, and 
     complete request for payment thereof, the amount payable to 
     such lender shall be increased by an amount equal to the 
     daily interest accruing on the payments due the lender. For 
     such purpose, the daily interest shall be the daily 
     equivalent of the applicable rate of interest determined 
     under section 427A(a)(1).
       ``(4) Measures to facilitate exercise of lending 
     authority.--
       ``(A) Information.--The Secretary shall provide for the 
     establishment of facilities for the communication of 
     information that permits eligible borrowers to be informed of 
     the identity of, and means to contact, lenders holding 
     unexercised lending authority pursuant to this subsection.
       ``(B) Coordination.--The Secretary shall, by regulation, 
     coordinate the availability of loans pursuant to section 
     428(j) to the extent necessary--
       ``(i) to permit lenders to exercise the lending authority 
     secured pursuant to this subsection; and
       ``(ii) to ensure that eligible borrowers obtain loans under 
     this part.
       ``(5) Authority to prepare for program.--Notwithstanding 
     paragraph (1), the Secretary may, before July 1, 1999--
       ``(A) prescribe regulations to carry out this subsection; 
     and
       ``(B) expend funds appropriated pursuant to this part to 
     carry out activities necessary to the implementation of the 
     programs authorized by this subsection.''.
       (b) Conforming Amendment.--Section 428(j)(1) (20 U.S.C. 
     1078(j)(1)) is amended by adding at the end the following new 
     sentence: ``The availability of loans under this subsection 
     shall be coordinated in accordance with regulations 
     prescribed by the Secretary under section 438(g)(5).''.

                                 H.R. 6

                         Offered By: Mr. Roemer

       Amendment No. 54: Page 172, after line 22, insert the 
     following new subsection (and redesignate the succeeding 
     subsections accordingly):
       (c) Additional Annual Loan Limit Flexibility.
       (1) In general.--Section 428H(d)(2) is amended--
       (A) by striking subparagraph (C); and
       (B) by inserting after subparagraph (B) the following new 
     subparagraphs:
       ``(C) notwithstanding subparagraph (A) and (B), in the case 
     of such a student who is pursuing a program of study at an 
     eligible institution leading to the baccalaureate degree--
       ``(i) $7,200 if such student is enrolled in a program whose 
     length is at least 1 academic year (as determined under 
     section 481);
       ``(ii) $4,500 if such student is enrolled in a program 
     whose length is less than 1 academic year, but at least \2/3\ 
     of such an academic year; and
       ``(iii) $2,700 if such student is enrolled in a program 
     whose length is less than \2/3\, but at least \1/3\, of such 
     an academic year;
       ``(D) in the case of such a student who is a graduate or 
     professional student enrolled at an eligible institution, an 
     amount not to exceed the student's estimated cost of 
     attendance (as determined under section 472), less the sum 
     of--
       ``(i) any loan for which the student is eligible under 
     section 428; and
       ``(ii) an estimate of any financial assistance reasonably 
     available to such student.''.
       (2) Dependent students amendment.--Section 428H(d) is 
     amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Annual limits for dependent students.--
     Notwithstanding paragraph (2), in the case of a dependent 
     student who is enrolled in a program leading to the 
     baccalaureate degree whose length is at least 1 academic year 
     (as determined under section 481), the maximum annual amount 
     of loans under this section such a student may borrow in any 
     academic year or its equivalent or in any period of 7 
     consecutive months, whichever is longer, shall be the amount 
     determined under paragraph (1) plus $1,500.''.

[[Page H2439]]

       (3) Conforming amendment.--Section 428H(d)(1) is amended by 
     striking ``paragraphs (2) and (3)'' and inserting 
     ``paragraphs (2), (3), and (4)''.
       (4) Effective date.--The amendments made by this section 
     shall apply to loans made for periods of instruction 
     beginning after July 1, 1998.

                                 H.R. 6

                        Offered By: Mr. Sanders

       Amendment No. 55: Page 56, after line 18, insert the 
     following new paragraph (and redesignate the succeeding 
     paragraphs accordingly):
       ``(5) cooperation between institutions to encourage cost 
     saving initiatives through joint purchase of goods and 
     services, and shared use of facilities and faculty 
     resources.''

                                 H.R. 6

                        Offered By: Mr. Sanders

       Amendment No. 56: Page 94, strike lines 12 through 16 and 
     insert the following:
       ``(i) $5,000 for academic year 1999-2000,
       ``(ii) $5,200 for academic year 2000-2001,
       ``(iii) $5,400 for academic year 2001-2002,
       ``(iv) $5,600 for academic year 2002-2003, and
       ``(v) $5,800 for academic year 2003-2004,

                                 H.R. 6

                        Offered By: Mr. Serrano

       Amendment No. 57: Page 271, strike line 14 and insert the 
     following:
       ``(A)(i) is an eligible institution; or
       ``(ii) is an institution of higher education (as such term 
     is defined in section 101(a)(2)) that provides a 4-year 
     baccalaureate program, is regionally accredited, and serves 
     at least 1,500 Hispanic students;

                                 H.R. 6

                         Offered By: Mr. Skaggs

       Amendment No. 58: Page 334, after line 19, insert the 
     following new section (and redesignate the succeeding 
     sections and conform the table of contents accordingly):

     SEC. 806. STUDY OF CONSOLIDATION OPTIONS.

       No later than 2 years after the date of enactment of this 
     Act, the Secretary shall report to Congress on the 
     desirability and feasibility of possible new Federal efforts 
     to assist individuals who have substantial alternative 
     student loans (other than direct student loans and federally 
     guaranteed student loans) to repay their student loans. The 
     report shall include an analysis of the extent to which the 
     high monthly payments associated with such loans deter such 
     individuals from jobs (including public-interest and public-
     service jobs) with lower salaries than the average in 
     relevant professions. The report shall include an analysis of 
     the desirability and feasibility of allowing the 
     consolidation of alternative student loans held by such 
     individuals through the Federal student loan consolidation 
     program or the use of other means to provide income-
     contingent repayment plans for alternative student loans.

                                 H.R. 6

                         Offered By: Mr. Souder

       Amendment No. 59: Page 237, strike lines 4 through 10 and 
     insert the following:
       ``(2) Rehabilitation.--A student whose eligibility has been 
     suspended under paragraph (1) may resume eligibility before 
     the end of the period determined under such paragraph if the 
     student satisfactorily completes a drug rehabilitation 
     program that complies with such criteria as the Secretary 
     shall prescribe for purposes of this paragraph and that 
     includes two unannounced drug tests.