[Congressional Record Volume 144, Number 90 (Thursday, July 9, 1998)]
[Senate]
[Page S7885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  HIGHER EDUCATION AMENDMENTS OF 1998

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                FEINSTEIN (AND BOXER) AMENDMENT NO. 3107

  Mrs. FEINSTEIN (for herself and Mrs. Boxer) proposed an amendment to 
the bill (S. 1882) to reauthorize the Higher Education Act of 1965, and 
for other purposes, as follows:

       On page 417, line 17, insert ``(i)'' after ``(B)''.
       On page 417, line 19, insert ``or clause (ii)'' after 
     ``subparagraph (A)''.
       On page 417, line 23, strike the end quotation marks and 
     ``; and''.
       On page 417, between lines 23 and 24, insert the following:
       ``(ii) Notwithstanding subsection (a)(1), the Secretary may 
     allow, on a case-by-case basis, a student to receive a basic 
     grant if the student--

       ``(I) is carrying at least \1/2\ the normal full-time work 
     load for the course of study the student is pursuing, as 
     determined by the institution of higher education; and
       ``(II) is enrolled or accepted for enrollment in a 
     postbaccalaureate program that does not lead to a graduate 
     degree, and in courses required by a State in order for the 
     student to receive a professional certification or licensing 
     credential that is required for employment as a teacher in an 
     elementary school or secondary school in that State,

     except that this subparagraph shall not apply to a student 
     who is enrolled in an institution of higher education that 
     offers a baccalaureate degree in education.''; and
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                      HUTCHISON AMENDMENT NO. 3108

  (Ordered to lie on the table.)
  Mrs. HUTCHISON proposed an amendment to the bill, S. 1882, supra; as 
follows:

       Amend Section 435(d)(1) of the Higher Education Act by 
     adding a new section:
       (K) for the purpose of making loans under this part or 
     holding loans made by other lenders under this part, any not 
     for profit corporation described in Section 150(d)(2) of the 
     Internal Revenue Code Act of 1986, as amended, or any 
     transferee corporation described in Section 150(d)(3)(B) of 
     the Internal Revenue Code Act of 1986, as amended.
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                SPECTER (AND OTHERS) AMENDMENT NO. 3109

  Mr. JEFFORDS (for Mr. Specter for himself, Mr. Santorum, and Mrs. 
Murray) proposed an amendment to the bill, S. 1882, supra; as follows:

       On page 550, between lines 16 and 17, insert the following:
       (4) in paragraph (6) (as redesignated by paragraph (2)), by 
     amending subparagraph (A) to read as follows: ``(A) For 
     purposes of this section the term `campus' means--
       ``(i) any building or property owned or controlled by an 
     institution of higher education within the same reasonably 
     contiguous geographic area of the institution, including a 
     building or property owned by the institution, but controlled 
     by another person, such as a food or other retail vendor;
       ``(ii) any building or property owned or controlled by a 
     student organization recognized by the institution;
       ``(iii) all public property that is within the same 
     reasonably contiguous geographic area of the institution, 
     such as a sidewalk, a street, other thoroughfare, or parking 
     facility, that is adjacent to a facility owned or controlled 
     by the institution;
       ``(iv) any building or property (other than a branch 
     campus) owned or controlled by an institution of higher 
     education that is used in direct support of, or in relation 
     to, the institution's educational purposes, is used by 
     students, and is not within the same reasonably contiguous 
     geographic area of the institution; and
       ``(v) all dormitories or other student residential 
     facilities owned or controlled by the institution.'';
       On page 553, line 25, strike the end quotation marks and 
     the second period.
       On page 553, after line 25, insert the following:
       ``(10)(A) The Secretary shall report to the appropriate 
     committees of Congress each institution of higher education 
     that the Secretary determines is not in compliance with the 
     reporting requirements of this subsection.
       ``(B) The Secretary shall provide to an institution of 
     higher education that the Secretary determines is having 
     difficulty, or is not in compliance, with the reporting 
     requirements of this subsection--
       ``(i) data and analysis regarding successful practices 
     employed by institutions of higher education to reduce campus 
     crime; and
       ``(ii) technical assistance.
       ``(11) For purposes of reporting the statistics described 
     in paragraphs (1)(F) and (1)(H), an institution of higher 
     education shall distinguish, by means of separate categories, 
     any criminal offenses that occur--
       ``(A) on publicly owned sidewalks, streets, or other 
     thoroughfares, or in parking facilities, that are adjacent to 
     facilities owned by the institution; and
       ``(B) in dormitories or other residential facilities for 
     students on campus.
       ``(12)(A) Upon determination, after reasonable notice and 
     opportunity for a hearing on the record, that an institution 
     of higher education--
       ``(i) has violated or failed to carry out any provision of 
     this subsection or any regulation prescribed under this 
     subsection; or
       ``(ii) has substantially misrepresented the number, 
     location, or nature of the crimes required to be reported 
     under this subsection,

     the Secretary shall impose a civil penalty upon the 
     institution of not to exceed $25,000 for each violation, 
     failure, or misrepresentation.
       ``(B) Any civil penalty may be compromised by the 
     Secretary. In determining the amount of such penalty, or the 
     amount agreed upon in compromise, the appropriateness of the 
     penalty to the size of the institution of higher education 
     subject to the determination, and the gravity of the 
     violation, failure, or misrepresentation shall be considered. 
     The amount of such penalty, when finally determined, or the 
     amount agreed upon in compromise, may be deducted from any 
     sums owing by the United States to the institution charged.
       ``(13)(A) Nothing in this subsection may be construed to--
       ``(i) create a cause of action against any institution of 
     higher education or any employee of such an institution for 
     any civil liability; or
       ``(ii) establish any standard of care.
       ``(B) Notwithstanding any other provision of law, evidence 
     regarding compliance or noncompliance with this subsection 
     shall not be admissible as evidence in any proceeding of any 
     court, agency, board, or other entity, except with respect to 
     an action to enforce this subsection
       ``(14) This subsection may be cited as the `Jeanne Clery 
     Disclosure of Campus Security Policy and Campus Crime 
     Statistics Act'.''.
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                 GRAHAM (AND OTHERS) AMENDMENT NO. 3110

  Mr. GRAHAM (for himself, Mr. Wellstone, and Mr. Hagel) proposed an 
amendment to the bill, S. 1882, supra; as follows:

       On page 537, between lines 20 and 21, insert the following:

     SEC. 476. TREATMENT OF OTHER FINANCIAL ASSISTANCE.

       Section 480(j)(3) (20 U.S.C. 1087vv(j)(3)) is amended by 
     inserting ``educational assistance after discharge or release 
     from service under chapter 30 of title 38, United States 
     Code, or'' after ``paragraph (1),''.
       In section 458(a)(1)(B) of the Higher Education Act of 
     1965, as amended by section 454 of this Act, strike 
     ``$617,000,000'' and insert ``$612,000,000''.
       In section 458(a)(1)(B) of the Higher Education Act of 
     1965, as amended by section 454 of this Act, strike 
     ``$735,000,000'' and insert ``$730,000,000''.
       On page 514, line 9, strike ``$770,000,000'' and insert 
     ``$765,000,000''.
       On page 514, line 10, strike ``$780,000,000'' and insert 
     ``$770,000,000''.
       On page 514, line 11, strike ``$795,000,000'' and insert 
     ``$785,000,000''.
       On page 446, line 6, strike ``section 428(c)(6)(A)(i)'' and 
     insert ``section 428(c)(6)(A)''.
       On page 450, line 6, strike ``section 428(c)(6)(A)(ii)'' 
     and insert ``section 428(c)(6)(B)''.
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               WELLSTONE (AND OTHERS) AMENDMENT NO. 3111

  Mr. WELLSTONE (for himself, Mr. Ford, Mr. Johnson, Mr. Durbin, Mr. 
Levin, Ms. Mikulski, and Ms. Moseley-Braun) proposed an amendment to 
the bill, S. 1882, supra; as follows:

       At the appropriate place in title VII, insert the 
     following:

     SEC __. EXPANSION OF EDUCATIONAL OPPORTUNITIES FOR WELFARE 
                   RECIPIENTS.

       (a) 24 Months of Postsecondary Education and Vocational 
     Educational Training Made Permissible Work Activities.--
     Section 407(d)(8) of the Social Security Act (42 U.S.C. 
     607(d)(8)) is amended to read as follows:
       ``(8) postsecondary education and vocational educational 
     training (not to exceed 24 months with respect to any 
     individual);''.
       (b) Modifications to the Educational Cap.--
       (1) Removal of teen parents from 30 percent limitation.--
     Section 407(c)(2)(D) of the Social Security Act (42 U.S.C. 
     607(c)(2)(D)) is amended by striking ``, or (if the month is 
     in fiscal year 2000 or thereafter) deemed to be engaged in 
     work for the month by reason of subparagraph (C) of this 
     paragraph''.
       (2) Extension of cap to postsecondary education.--Section 
     407(c)(2)(D) of the Social Security Act (42 U.S.C. 
     607(c)(2)(D)) is amended by striking ``vocational educational 
     training'' and inserting ``training described in subsection 
     (d)(8)''.

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