[Congressional Record Volume 144, Number 50 (Wednesday, April 29, 1998)]
[House]
[Pages H2606-H2610]
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: Ms. Brown of Florida

       Amendment No. 60: 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 Edward Waters College of Jacksonville, 
     Florida, relating to the administration of programs prior to 
     academic year 1997-1998 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: Mr. Campbell of California

       Amendment No. 61: Page 83, beginning on line 16 strike 
     section 303 through page 89, line 23.

                                 H.R. 6

                         Offered By: Mr. Gordon

       Amendment No. 62: 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 427(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 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) for PLUS loans, by adding 2.7 percent to the resultant 
     percent, to be reset quarterly; and
       ``(iv) by dividing the resultant percent by 4.''

                                 H.R. 6

                     Offered By: Mr. Hall of Texas

       Amendment No. 63: 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

[[Page H2607]]

     at Texas College, located in Tyler, Texas, for academic years 
     prior to and including 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 filed an affidavit with the Department of 
     Education stating that it has made a good faith effort to 
     furnish records to the Department with respect to such 
     audits.

                                 H.R. 6

                       Offered by: Mr. Livingston

       Amendment No. 64: Add at the end the following new title 
     (and conform the table of contents accordingly):
     TITLE XI--PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS

     SEC. 1101. 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 the Higher Education Act 
     of 1965, 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. McIntosh

       Amendment No. 65: Page 204, strike line 18 and all that 
     follows through line 5 on page 205 and insert the following:
       ``(B) account maintenance fees payable to guaranty agencies 
     under part B and calculated in accordance with paragraph (2), 
     not to exceed (from such funds not otherwise appropriated)--
       ``(i) $598,000,000 in fiscal year 1999 such funds shall be 
     expended in the following manner--
       ``(I) $180,000,000 for account maintenance fees payable to 
     guaranty agencies;
       ``(II) $208,000,000 for origination and servicing of Direct 
     Loans; and
       ``(III) $210,000,000 for Direct Loan administration;
       ``(ii) $636,000,000 in fiscal year 2000, such funds shall 
     be expended in the following manner--
       ``(I) $191,000,000 for account maintenance fees payable to 
     guaranty agencies;
       ``(II) $235,000,000 for origination and servicing of Direct 
     Loans; and
       ``(III) $210,000,000 for Direct Loan administration;
       ``(iii) $632,000,000 in fiscal year 2001 such funds shall 
     be expended in the following manner--
       ``(I) $201,000,000 for account maintenance fees payable to 
     guaranty agencies;
       ``(II) $261,000,000 for origination and servicing of Direct 
     Loans; and
       ``(III) $210,000,000 for Direct Loan administration;
       ``(iv) $646,000,000 in fiscal year 2002 such funds shall be 
     expended in the following manner--
       ``(I) $214,000,000 for account maintenance fees payable to 
     guaranty agencies;
       ``(II) $272,000,000 for origination and servicing of Direct 
     Loans; and
       ``(III) $210,000,000 for Direct Loan administration;
       ``(v) $685,000,000 in fiscal year 2003 such funds shall be 
     expended in the following manner--
       ``(I) $225,000,000 for account maintenance fees payable to 
     guaranty agencies;
       ``(II) $300,000,000 for origination and servicing of Direct 
     Loans; and
       ``(III) $210,000,000 for Direct Loan administration.

     Account maintenance fees under subparagraph (B) of this 
     paragraph shall be paid quarterly and deposited in the 
     Operating Fund established under section 422B. The Secretary 
     may not carry over funds available under this section to a 
     subsequent fiscal year.''.
       Page 205, after line 18, insert the following new 
     subsection:
       (b) Section 428F(a) of the Higher Education Act of 1965 is 
     amended--
       (1) by striking ``and'' at the end of paragraph (1)(B)(I);
       (2) by striking the period at the end of paragraph 
     (1)(B)(ii);
       (3) by inserting after paragraph (1)(B)(ii) the following 
     clause:
       ``(iii) for a maximum repayment of 15 years 
     (notwithstanding section 428(b)(1)(E)), with the 12 monthly 
     payments made under subparagraph (A) to count towards the 15 
     year period.''; and
       (4) in paragraph (2)(4), by striking ``A'' after the word 
     ``Applicability of general loan conditions.--'' and inserting 
     ``Except as provided for in this section, a''.

                                 H.R. 6

                   Offered by: Ms. Millender-McDonald

       Amendement No. 66: Page 68, after line 11, insert the 
     following new section (and redesignate the succeeding section 
     accordingly):

     SEC. 206. TEACHER EXCELLENCE IN AMERICA CHALLENGE.

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

           ``PART F--TEACHER EXCELLENCE IN AMERICA CHALLENGE

     ``SEC. 281A. SHORT TITLE.

       ``This part may be cited as the `Teacher Excellence in 
     America Challenge Act of 1998'.

     ``SEC. 281B. PURPOSE.

       ``The purpose of this part is to improve the preparation 
     and professional development of teachers and the academic 
     achievement of students by encouraging partnerships among 
     institutions of higher education, elementary schools or 
     secondary schools, local educational agencies, State 
     educational agencies, teacher organizations, and nonprofit 
     organizations.

     ``SEC. 281C. GOALS.

       ``The goals of this part are as follows:
       ``(1) To support and improve the education of students and 
     the achievement of higher academic standards by students, 
     through the enhanced professional development of teachers.
       ``(2) To ensure a strong and steady supply of new teachers 
     who are qualified, well-trained, and knowledgeable and 
     experienced in effective means of instruction, and who 
     represent the diversity of the American people, in order to 
     meet the challenges of working with students by strengthening 
     preservice education and induction of individuals into the 
     teaching profession.
       ``(3) To provide for the continuing development and 
     professional growth of veteran teachers.
       ``(4) To provide a research-based context for reinventing 
     schools, teacher preparation programs, and professional 
     development programs, for the purpose of building and 
     sustaining best educational practices and raising student 
     academic achievement.

     ``SEC. 281D. DEFINITIONS.

       ``In this part:
       ``(1) Elementary school.--The term `elementary school' 
     means a public elementary school.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' means an institution of 
     higher education that--
       ``(A) has a school, college, or department of education 
     that is accredited by an agency recognized by the Secretary 
     for that purpose; or
       ``(B) the Secretary determines has a school, college, or 
     department of education of a quality equal to or exceeding 
     the quality of schools, colleges, or departments so 
     accredited.
       ``(3) Poverty line.--The term `poverty line' means the 
     poverty line (as defined by the Office of Management and 
     Budget, and revised annually in accordance with section 
     673(2) of the Community Services Block Grant Act (42 U.S.C. 
     9902(2)) applicable to a family of the size involved.
       ``(4) Professional development partnership.--The term 
     `professional development partnership' means a partnership 
     among 1 or more institutions of higher education, 1 or more 
     elementary schools or secondary schools, and 1 or more local 
     educational agency based on a mutual commitment to improve 
     teaching and learning. The partnership may include a State 
     educational agency, a teacher organization, or a nonprofit 
     organization whose primary purpose is education research and 
     development.
       ``(5) Professional development school.--The term 
     `professional development school' means an elementary school 
     or secondary school that collaborates with an institution of 
     higher education for the purpose of--
       ``(A) providing high quality instruction to students and 
     educating students to higher academic standards;
       ``(B) providing high quality student teaching and 
     internship experiences at the school for prospective and 
     beginning teachers; and
       ``(C) supporting and enabling the professional development 
     of veteran teachers at the school, and of faculty at the 
     institution of higher education.
       ``(6) Secondary school.--The term `secondary school' means 
     a public secondary school.
       ``(7) Teacher.--The term `teacher' means an elementary 
     school or secondary school teacher.''

[[Page H2608]]

     ``SEC. 281E. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amount appropriated under 
     section 281K and not reserved under section 281I for a fiscal 
     year, the Secretary may award grants, on a competitive basis, 
     to professional development partnerships to enable the 
     partnerships to pay the Federal share of the cost of 
     providing teacher preparation, induction, classroom 
     experience, and professional development opportunities to 
     prospective, beginning, and veteran teachers while improving 
     the education of students in the classroom.
       ``(b) Duration; Planning.--The Secretary shall award grants 
     under this part for a period of 5 years, the first year of 
     which may be used for planning to conduct the activities 
     described in section 281F.
       ``(c) Payments; Federal Share; Non-Federal Share.--
       ``(1) Payments.--The Secretary shall make annual payments 
     pursuant to a grant awarded under this part.
       ``(2) Federal share.--The Federal share of the costs 
     described in subsection (a)(1) shall be 80 percent.
       ``(3) Non-federal share.--The non-Federal share of the 
     costs described in subsection (a)(1) may be in cash or in-
     kind, fairly evaluated.
       ``(d) Continuing Eligibility.--
       ``(1) 2d and 3d years.--The Secretary may make a grant 
     payment under this section for each of the 2 fiscal years 
     after the first fiscal year a professional development 
     partnership receives such a payment, only if the Secretary 
     determines that the partnership, through the activities 
     assisted under this part, has made reasonable progress toward 
     meeting the criteria described in paragraph (3).
       ``(2) 4th and 5th years.--The Secretary may make a grant 
     payment under this section for each of the 2 fiscal years 
     after the third fiscal year a professional development 
     partnership receives such a payment, only if the Secretary 
     determines that the partnership, through the activities 
     assisted under this part, has met the criteria described in 
     paragraph (3).
       ``(3) Criteria.--The criteria referred to in paragraphs (1) 
     and (2) are as follows:
       ``(A) Increased student achievement as determined by 
     increased graduation rates, decreased dropout rates, or 
     higher scores on local, State, or national assessments for a 
     year compared to student achievement as determined by the 
     rates or scores, as the case may be, for the year prior to 
     the year for which a grant under this part is received.
       ``(B) Improved teacher preparation and development 
     programs, and student educational programs.
       ``(C) Increased opportunities for enhanced and ongoing 
     professional development of teachers.
       ``(D) An increased number of well-prepared individuals 
     graduating from a school, college, or department of education 
     within an institution of higher education and entering the 
     teaching profession.
       ``(E) Increased recruitment to, and graduation from, a 
     school, college, or department of education within an 
     institution of higher education with respect to minority 
     individuals.
       ``(F) Increased placement of qualified and well-prepared 
     teachers in elementary schools or secondary schools, and 
     increased assignment of such teachers to teach the subject 
     matter in which the teachers received a degree or specialized 
     training.
       ``(G) Increased dissemination of teaching strategies and 
     best practices by teachers associated with the professional 
     development school and faculty at the institution of higher 
     education.
       ``(e) Priority.--In awarding grants under this part, the 
     Secretary shall give priority to professional development 
     partnerships serving elementary schools, secondary schools, 
     or local educational agencies, that serve high percentages of 
     children from families below the poverty line.

     ``SEC. 281F. AUTHORIZED ACTIVITIES.

       ``(a) In General.--Each professional development 
     partnership receiving a grant under this part shall use the 
     grant funds for--
       ``(1) creating, restructuring, or supporting professional 
     development schools;
       ``(2) enhancing and restructuring the teacher preparation 
     program at the school, college, or department of education 
     within the institution of higher education, including--
       ``(A) coordinating with, and obtaining the participation 
     of, schools, colleges, or departments of arts and science;
       ``(B) preparing teachers to work with diverse student 
     populations; and
       ``(C) preparing teachers to implement research-based, 
     demonstrably successful, and replicable, instructional 
     programs and practices that increase student achievement;
       ``(3) incorporating clinical learning in the coursework for 
     prospective teachers, and in the induction activities for 
     beginning teachers;
       ``(4) mentoring of prospective and beginning teachers by 
     veteran teachers in instructional skills, classroom 
     management skills, and strategies to effectively assess 
     student progress and achievement;
       ``(5) providing high quality professional development to 
     veteran teachers, including the rotation, for varying periods 
     of time, of veteran teachers--
       ``(A) who are associated with the partnership to elementary 
     schools or secondary schools not associated with the 
     partnership in order to enable such veteran teachers to act 
     as a resource for all teachers in the local educational 
     agency or State; and
       ``(B) who are not associated with the partnership to 
     elementary schools or secondary schools associated with the 
     partnership in order to enable such veteran teachers to 
     observe how teaching and professional development occurs in 
     professional development schools;
       ``(6) preparation time for teachers in the professional 
     development school and faculty of the institution of higher 
     education to jointly design and implement the teacher 
     preparation curriculum, classroom experiences, and ongoing 
     professional development opportunities;
       ``(7) preparing teachers to use technology to teach 
     students to high academic standards;
       ``(8) developing and instituting ongoing performance-based 
     review procedures to assist and support teachers' learning;
       ``(9) activities designed to involve parents in the 
     partnership;
       ``(10) research to improve teaching and learning by 
     teachers in the professional development school and faculty 
     at the institution of higher education; and
       ``(11) activities designed to disseminate information, 
     regarding the teaching strategies and best practices 
     implemented by the professional development school, to--
       ``(A) teachers in elementary schools or secondary schools, 
     which are served by the local educational agency or located 
     in the State, that are not associated with the professional 
     development partnership; and
       ``(B) institutions of higher education in the State.
       ``(b) Construction Prohibited.--No grant funds provided 
     under this part may be used for the construction, renovation, 
     or repair of any school or facility.

     ``SEC. 281G. APPLICATIONS.

       ``Each professional development partnership desiring a 
     grant under this part shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require. Each such 
     application shall--
       ``(1) describe the composition of the partnership;
       ``(2) describe how the partnership will include the 
     participation of the schools, colleges, or departments of 
     arts and sciences within the institution of higher education 
     to ensure the integration of pedagogy and content in teacher 
     preparation;
       ``(3) identify how the goals described in section 281C will 
     be met and the criteria that will be used to evaluate and 
     measure whether the partnership is meeting the goals;
       ``(4) describe how the partnership will restructure and 
     improve teaching, teacher preparation, and development 
     programs at the institution of higher education and the 
     professional development school, and how such systemic 
     changes will contribute to increased student achievement;
       ``(5) describe how the partnership will prepare teachers to 
     implement research-based, demonstrably successful, and 
     replicable, instructional programs and practices that 
     increase student achievement;
       ``(6) describe how the teacher preparation program in the 
     institution of higher education, and the induction activities 
     and ongoing professional development opportunities in the 
     professional development school, incorporate--
       ``(A) an understanding of core concepts, structure, and 
     tools of inquiry as a foundation for subject matter pedagogy; 
     and
       ``(B) knowledge of curriculum and assessment design as a 
     basis for analyzing and responding to student learning;
       ``(7) describe how the partnership will prepare teachers to 
     work with diverse student populations, including minority 
     individuals and individuals with disabilities;
       ``(8) describe how the partnership will prepare teachers to 
     use technology to teach students to high academic standards;
       ``(9) describe how the research and knowledge generated by 
     the partnership will be disseminated to and implemented in--
       ``(A) elementary schools or secondary schools served by the 
     local educational agency or located in the State; and
       ``(B) institutions of higher education in the State;
       ``(10)(A) describe how the partnership will coordinate the 
     activities assisted under this part with other professional 
     development activities for teachers, including activities 
     assisted under titles I and II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6301 et seq., 
     6601 et seq.), the Goals 2000: Educate America Act (20 
     U.S.C. 5801 et seq.), the Individuals with Disabilities 
     Education Act (20 U.S.C. 1400 et seq.), and the Carl D. 
     Perkins Vocational and Applied Technology Education Act 
     (20 U.S.C. 2301 et seq.); and
       ``(B) describe how the activities assisted under this part 
     are consistent with Federal and State educational reform 
     activities that promote student achievement of higher 
     academic standards;
       ``(11) describe which member of the partnership will act as 
     the fiscal agent for the partnership and be responsible for 
     the receipt and disbursement of grant funds under this part;
       ``(12) describe how the grant funds will be divided among 
     the institution of higher education, the elementary school or 
     secondary school, the local educational agency, and any other 
     members of the partnership to support activities described in 
     section 281F;
       ``(13) provide a description of the commitment of the 
     resources of the partnership to

[[Page H2609]]

     the activities assisted under this part, including financial 
     support, faculty participation, and time commitments; and
       ``(14) describe the commitment of the partnership to 
     continue the activities assisted under this part without 
     grant funds provided under this part.

     ``SEC. 281H. ASSURANCES.

       ``Each application submitted under this part shall contain 
     an assurance that the professional development partnership--
       ``(1) will enter into an agreement that commits the members 
     of the partnership to the support of students' learning, the 
     preparation of prospective and beginning teachers, the 
     continuing professional development of veteran teachers, the 
     periodic review of teachers, standards-based teaching and 
     learning, practice-based inquiry, and collaboration among 
     members of the partnership;
       ``(2) will use teachers of excellence, who have mastered 
     teaching techniques and subject areas, including teachers 
     certified by the National Board for Professional Teaching 
     Standards, to assist prospective and beginning teachers;
       ``(3) will provide for adequate preparation time to be made 
     available to teachers in the professional development school 
     and faculty at the institution of higher education to allow 
     the teachers and faculty time to jointly develop programs 
     and curricula for prospective and beginning teachers, 
     ongoing professional development opportunities, and the 
     other authorized activities described in section 281F; and
       ``(4) will develop organizational structures that allow 
     principals and key administrators to devote sufficient time 
     to adequately participate in the professional development of 
     their staffs, including frequent observation and critique of 
     classroom instruction.

     ``SEC. 281I. NATIONAL ACTIVITIES.

       ``(a) In General.--The Secretary shall reserve a total of 
     not more than 10 percent of the amount appropriated under 
     section 281K for each fiscal year for evaluation activities 
     under subsection (b), and the dissemination of information 
     under subsection (c).
       ``(b) National Evaluation.--The Secretary, by grant or 
     contract, shall provide for an annual, independent, national 
     evaluation of the activities of the professional development 
     partnerships assisted under this part. The evaluation shall 
     be conducted not later than 3 years after the date of 
     enactment of the Teacher Excellence in America Challenge Act 
     of 1997 and each succeeding year thereafter. The Secretary 
     shall report to Congress and the public the results of such 
     evaluation. The evaluation, at a minimum, shall assess the 
     short-term and long-term impacts and outcomes of the 
     activities assisted under this part, including--
       ``(1) the extent to which professional development 
     partnerships enhance student achievement;
       ``(2) how, and the extent to which, professional 
     development partnerships lead to improvements in the quality 
     of teachers;
       ``(3) the extent to which professional development 
     partnerships improve recruitment and retention rates among 
     beginning teachers, including beginning minority teachers; 
     and
       ``(4) the extent to which professional development 
     partnerships lead to the assignment of beginning teachers to 
     public elementary or secondary schools that have a shortage 
     of teachers who teach the subject matter in which the teacher 
     received a degree or specialized training.
       ``(c) Dissemination of Information.--The Secretary shall 
     disseminate information (including creating and maintaining a 
     national database) regarding outstanding professional 
     development schools, practices, and programs.

     ``SEC. 281J. SUPPLEMENT NOT SUPPLANT.

       ``Funds appropriated under section 281K shall be used to 
     supplement and not supplant other Federal, State, and local 
     public funds expended for the professional development of 
     elementary school and secondary school teachers.

     ``SEC. 281K. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated to carry out this 
     part $100,000,000 for fiscal year 1999, and such sums as may 
     be necessary for each of the fiscal years 2000 through 
     2003.''.

                                 H.R. 6

                   Offered By: Ms. Millender-McDonald

       Amendment No. 67: Page 94, strike lines 12 through 16 and 
     insert the following:
       ``(i) $5,500 for academic year 1999-2000,
       ``(ii) $5,875 for academic year 2000-2001,
       ``(iii) $6,250 for academic year 2001-2002,
       ``(iv) $6,625 for academic year 2002-2003,
       ``(v) $7,000 for academic year 2003-2004,

                                 H.R. 6

                   Offered By: Ms. Millender-McDonald

       Amendment No. 68: Page 95, after line 7, insert the 
     following new subsection (and redesignate the succeeding 
     subsections accordingly):
       (c) Maximum Grants.--Section 401(b) is mended by adding at 
     the end the following new paragraph:
       ``(7) Notwithstanding the preceding provisions of this 
     subsection, any student shall be eligible for the maximum 
     Federal Pell Grant if such student is enrolled in a public 
     institution of higher education that offers admission to no 
     less than the top 5 percent of the graduating class at each 
     high school in the State in which such institution is 
     located.''.

                                 H.R. 6

                  Offered by: Mr. Miller of California

       Amendment No. 69: Page 334, after line 19, insert the 
     following new section (and redesignate the succeeding 
     sections and conform the table of contents accordingly):

     SEC. 806. EDUCATIONAL MERCHANDISE LICENSING CODES OF CONDUCT.

       (a) Findings.--The Congress finds that American colleges 
     and universities should take into account the following in 
     managing the licensing of merchandise bearing the names or 
     insignia of educational institutions:
       (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 
     Department of Labor has recovered $23,100,000 in illegally 
     held back wages for over 45,000 garment workers since 1993, 
     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 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, but few universities 
     and colleges, 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.
       (13) The Association of Collegiate Licensing Administrators 
     is expected to discuss licensing 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 educational merchandise licensing 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 at least the following:
       (1) public reporting of the code and the companies adhering 
     to it;
       (2) independent monitoring of the companies adhering to the 
     code by entities not limited to major international 
     accounting firms;
       (3) an explicit prohibition on the use of child labor;
       (4) an explicit requirement that companies pay workers at 
     least the governing minimum wage and applicable overtime;
       (5) an explicit requirement that companies allow workers 
     the right to organize without retribution; and
       (6) an explicit requirement that companies maintain a safe 
     and healthy workplace.

                                 H.R. 6

                  Offered By: Mr. Miller of California

       Amendment No. 70: Page 334, after line 19, insert the 
     following new section (and redesignate the succeeding 
     sections and conform the table of contents accordingly):

     SEC. 806. EDUCATIONAL MERCHANDISE LICENSING CODES OF CONDUCT.

       It is the sense of the Congress that all American colleges 
     and universities should adopt rigorous educational 
     merchandise licensing 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 at 
     least the following:

[[Page H2610]]

       (1) public reporting of the code and the companies adhering 
     to it;
       (2) independent monitoring of the companies adhering to the 
     code by entities not limited to major international 
     accounting firms;
       (3) an explicit prohibition on the use of child labor;
       (4) an explicit requirement that companies pay workers at 
     least the governing minimum wage and applicable overtime;
       (5) an explicit requirement that companies allow workers 
     the right to organize without retribution; and
       (6) an explicit requirement that companies maintain a safe 
     and healthy workplace.

                                 H.R. 6

                  Offered By: Mr. Miller of California

       Amendment No. 71: At the end of the bill add the following 
     new title:
                  TITLE XI--MERCHANDISE LICENSING CODES

     SEC. 1101. EDUCATIONAL MERCHANDISE LICENSING CODES OF 
                   CONDUCT.

       (a) Findings.--The Congress finds that American colleges 
     and universities should take into account the following in 
     managing the licensing of merchandise bearing the names or 
     insignia of educational institutions:
       (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 
     Department of Labor has recovered $23,100,000 in illegally 
     held back wages for over 45,000 garment workers since 1993, 
     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 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, but few universities 
     and colleges, 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.
       (13) The Association of Collegiate Licensing Administrators 
     is expected to discuss licensing 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 educational merchandise licensing 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 at least the following:
       (1) public reporting of the code and the companies adhering 
     to it;
       (2) independent monitoring of the companies adhering to the 
     code by entities not limited to major international 
     accounting firms;
       (3) an explicit prohibition on the use of child labor;
       (4) an explicit requirement that companies pay workers at 
     least the governing minimum wage and applicable overtime;
       (5) an explicit requirement that companies allow workers 
     the right to organize without retribution; and
       (6) an explicit requirement that companies maintain a safe 
     and healthy workplace.

                                 H.R. 6

                  Offered by: Mr. Miller of California

       Amendment No. 72: At the end of the bill add the following 
     new title:
                  TITLE XI--MERCHANDISE LICENSING CODES

     SEC. 1101. EDUCATIONAL MERCHANDISE LICENSING CODES OF 
                   CONDUCT.

       It is the sense of the Congress that all American colleges 
     and universities should adopt rigorous educational 
     merchandise licensing 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 at 
     least the following:
       (1) public reporting of the code and the companies adhering 
     to it;
       (2) independent monitoring of the companies adhering to the 
     code by entities not limited to major international 
     accounting firms;
       (3) an explicit prohibition on the use of child labor;
       (4) an explicit requirement that companies pay workers at 
     least the governing minimum wage and applicable overtime;
       (5) an explicit requirement that companies allow workers 
     the right to organize without retribution; and
       (6) an explicit requirement that companies maintain a safe 
     and healthy workplace.

                                 H.R. 6

                         Offered by: Mr. Riggs

       Amendment No. 73: Add at the end the following new title 
     (and conform the table of contents accordingly):
          TITLE XI--DISCRIMINATION AND PREFERENTIAL TREATMENT

     SEC. 1101. PROHIBITION AGAINST DISCRIMINATION AND 
                   PREFERENTIAL TREATMENT.

       (a) Prohibition.--No public institution of higher education 
     that participates in any program authorized under the Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.) shall, in 
     connection with admission to such institution, discriminate 
     against, or grant preferential treatment to, any person or 
     group based in whole or in part on the race, sex, color, 
     ethnicity, or national origin of such person or group.
       (b) Exception.--This section does not prohibit preferential 
     treatment in admissions granted on the basis of affiliation 
     with an Indian tribe by any tribally controlled college or 
     university that has a policy of granting preferential 
     treatment on the basis of such affiliation.
       (c) Affirmative Action Encouraged.--It is the policy of the 
     United States--
       (1) to expand the applicant pool for college admissions;
       (2) to encourage college applications by women and minority 
     students;
       (3) to recruit qualified women and minorities into the 
     applicant pool for college admissions; and
       (4) to encourage colleges--
       (A) to solicit applications from women and minority 
     students, and
       (B) to include qualified women and minority students into 
     an applicant pool for admissions,

     so long as such expansion, encouragement, recruitment, 
     request, or inclusion does not involve granting a preference, 
     based in whole or in part on race, color, national origin, or 
     sex, in selecting any person for admission.
       (d) Definition.--As used in this section, the term ``public 
     institution of higher education'' means any college, 
     university, or postsecondary technical or vocational school 
     operated in whole or in part by any governmental agency, 
     instrumentality, or entity.

                                 H.R. 6

                         Offered by: Mr. Roemer

       Amendment No. 74: Page 246, line 23, after the period 
     insert close quotation marks and ``; and'', and strike line 
     24 and all that follows through line 5 on page 247.

                                 H.R. 6

                         Offered by: Mr. Roemer

       Amendment No. 75: At the end of the bill add the following 
     new title:

                      TITLE XI--SPECIAL PROVISION

     SEC. 1101. TERMINATION OF EFFECTIVENESS.

       Notwithstanding section 4 of this Act, subparagraph (K) of 
     section 485(g)(1) of the Higher Education Act of 1965, as 
     amended by this Act, shall cease to be effective on October 
     1, 1998.