[Congressional Record Volume 146, Number 72 (Monday, June 12, 2000)]
[House]
[Pages H4181-H4188]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             HIGHER EDUCATION TECHNICAL AMENDMENTS OF 2000

  Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4504) to make technical amendments to the Higher Education 
Act of 1965, as amended.
  The Clerk read as follows:

                               H.R. 4504

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

     SECTION 1. SHORT TITLE; REFERENCE; EFFECTIVE DATE.

       (a) Short Title.--This Act may be cited as the ``Higher 
     Education Technical Amendments of 2000''.
       (b) Reference.--Except as otherwise expressly provided in 
     this Act, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Higher 
     Education Act of 1965 (20 U.S.C. 1001 et seq.).
       (c) Effective Date.--Except as otherwise provided in this 
     Act, the amendments made

[[Page H4182]]

     by this Act shall take effect as if enacted as part of the 
     Higher Education Amendments of 1998 (Public Law 105-244).

     SEC. 2. TECHNICAL AMENDMENTS.

       (a) Amendments to Title I.--
       (1) Section 101(a)(1) (20 U.S.C. 1001(a)(1)) is amended by 
     inserting before the semicolon at the end the following: ``, 
     or students who meet the requirements of section 484(d)(3)''.
       (2) Section 102(a)(2)(A) (20 U.S.C. 1002(a)(2)(A)) is 
     amended to read as follows:
       ``(A) In general.--For the purpose of qualifying as an 
     institution under paragraph (1)(C), the Secretary shall 
     establish criteria by regulation for the approval of 
     institutions outside the United States and for the 
     determination that such institutions are comparable to an 
     institution of higher education as defined in section 101 
     (except that a graduate medical school, or a veterinary 
     school, located outside the United States shall not be 
     required to meet the requirements of section 101(a)(4)). Such 
     criteria shall include a requirement that a student attending 
     such school outside the United States is ineligible for loans 
     made, insured, or guaranteed under part B unless--
       ``(i) in the case of a graduate medical school located 
     outside the United States--

       ``(I)(aa) at least 60 percent of those enrolled in, and at 
     least 60 percent of the graduates of, the graduate medical 
     school outside the United States were not persons described 
     in section 484(a)(5) in the year preceding the year for which 
     a student is seeking a loan under part B of title IV; and
       ``(bb) at least 60 percent of the individuals who were 
     students or graduates of the graduate medical school outside 
     the United States (both nationals of the United States and 
     others) taking the examinations administered by the 
     Educational Commission for Foreign Medical Graduates received 
     a passing score in the year preceding the year for which a 
     student is seeking a loan under part B of title IV; or
       ``(II) the institution has a clinical training program that 
     was approved by a State as of January 1, 1992; or

       ``(ii) in the case of a veterinary school located outside 
     the United States that does not meet the requirements of 
     section 101(a)(4)--

       ``(I) the institution was certified by the Secretary as 
     eligible to participate in the loan program under part B of 
     title IV before October 1, 1999; and
       ``(II) the institution's students complete their clinical 
     training at an approved veterinary school located in the 
     United States.''.

       (3) Section 102(a)(3)(A) (20 U.S.C. 1002(a)(3)(A)) is 
     amended by striking ``section 521(4)(C) of the Carl Perkins 
     Vocational and Applied Technology Education Act'' and 
     inserting ``section 3(3)(C) of the Carl D. Perkins Vocational 
     and Technical Education Act of 1998''.
       (4) Section 103(7) (20 U.S.C. 1003(7)) is amended to read 
     as follows:
       ``(7) New borrower.--The term `new borrower' when used with 
     respect to any date for any loan under any provision of--
       ``(A) part B or part D of title IV means an individual who 
     on that date has no outstanding balance of principal or 
     interest owing on any loan made, insured, or guaranteed under 
     either such part; and
       ``(B) part E of title IV means an individual who on that 
     date has no outstanding balance of principal or interest 
     owing on any loan made under such part.''.
       (5) Section 131(a)(3)(A)(iii) (20 U.S.C. 
     1015(a)(3)(A)(iii)) is amended--
       (A) by striking ``an undergraduate'' and inserting ``a 
     full-time undergraduate''; and
       (B) in subclause (I), by striking ``section 
     428(a)(2)(C)(i)'' and inserting ``section 428(a)(2)(C)(ii)''.
       (6) Section 131(b) is amended by striking ``the costs for 
     typical'' and inserting ``the prices for, and financial aid 
     provided to, typical''.
       (7) Section 131(c)(2)(B) is amended by striking ``costs'' 
     and inserting ``prices''.
       (8) Section 131(d)(1) is amended by striking ``3 years'' 
     and inserting ``4 years''.
       (9) Section 141 (20 U.S.C. 1018) is amended--
       (A) in subsection (a)(2)(B), by inserting ``total and 
     unit'' after ``to reduce the'';
       (B) in subsection (c)--
       (i) in paragraph (1)(A), by striking ``Each year'' and 
     inserting ``Each fiscal year'';
       (ii) in paragraph (1)(B), by inserting ``guaranty 
     agencies,'' after ``lenders,''; and
       (iii) in paragraph (2)--

       (I) in subparagraph (A), by striking ``expenditures'' and 
     inserting ``administrative expenditures for the most recent 
     fiscal year''; and
       (II) in subparagraph (B), by striking ``Chief Financial 
     Officer Act of 1990 and'' and inserting ``Chief Financial 
     Officers Act of 1990,'' and by inserting before the period at 
     the end the following: ``, and other relevant legislation'';

       (C) in subsection (f)(3)(A), by striking ``paragraph 
     (1)(A)'' and inserting ``paragraph (1)''; and
       (D) in subsection (g)(3), by adding at the end the 
     following new sentence: ``The names and compensation for 
     those individuals shall be included in the annual report 
     under subsection (c)(2).''.
       (b) Amendments to Title III.--
       (1) Subsection (g) of section 324 (20 U.S.C. 1063(g)) is 
     amended to read as follows:
       ``(g) Special Rule for Certain District of Columbia 
     Eligible Institutions.--
       ``(1) Howard university.--In any fiscal year that the 
     Secretary determines that Howard University will receive an 
     allotment under subsections (b) and (c) which is not in 
     excess of amounts received for such fiscal year by Howard 
     University under the Act of March 2, 1867 (14 Stat. 438; 20 
     U.S.C. 123), relating to the annual appropriations for Howard 
     University, then Howard University shall be ineligible to 
     receive an allotment under this section.
       ``(2) University of the district of columbia.--In any 
     fiscal year, the University of the District of Columbia may 
     receive financial assistance under this part, or under 
     section 4(c) of the District of Columbia College Access Act 
     of 1999 (P.L. 106-98), but not under both this part and such 
     section.''.
       (2) Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) is amended, 
     in the matter preceding subparagraph (A), by inserting a 
     colon after ``the following''.
       (3) Section 342(5)(C) (20 U.S.C. 1066a(5)(C)) is amended--
       (A) by inserting a comma after ``equipment'' the first 
     place it appears; and
       (B) by striking ``technology,,'' and inserting 
     ``technology,''.
       (4) Section 343(e) (20 U.S.C. 1066b(e)) is amended by 
     inserting after the subsection designation the following: 
     ``Sale of Qualified Bonds.--''.
       (5) Section 1024 (20 U.S.C. 1135b-3), as transferred by 
     section 301(a)(5) of the Higher Education Amendments of 1998 
     (Public Law 105-244; 112 Stat. 636), is repealed.
       (c) Amendments to Part A of Title IV.--
       (1) Section 402D (20 U.S.C. 1070a-14) is amended--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Special Rule.--
       ``(1) Use for student aid.--A recipient of a grant that 
     undertakes any of the permissible services identified in 
     subsection (b) may, in addition, use such funds to provide 
     grant aid to students if the recipient demonstrates in its 
     application, to the satisfaction of the Secretary, that the 
     size of the grants the recipient will provide to students is 
     appropriate and likely to have a significant impact on 
     retention at that institution. In making grants to students 
     under this subsection, an institution shall ensure that 
     adequate consultation takes place between the student support 
     service program office and the institution's financial aid 
     office.
       ``(2) Eligible students.--For purposes of receiving grant 
     aid under this subsection, eligible students shall be current 
     participants in the student support services program offered 
     by the institution and be--
       ``(A) students who are in their first 2 years of 
     postsecondary education and who are receiving Federal Pell 
     Grants under subpart 1; or
       ``(B) students who have completed their first 2 years of 
     postsecondary education and who are receiving Federal Pell 
     Grants under subpart 1 if the institution demonstrates to the 
     satisfaction of the Secretary that--
       ``(i) these students are at high risk of dropping out; and
       ``(ii) it will first meet the needs of all its eligible 
     first- and second-year students for services under this 
     paragraph.
       ``(3) Determination of need.--A grant provided to a student 
     under paragraph (1) shall not be considered in determining 
     that student's need for grant or work assistance under this 
     title, except that in no case shall the total amount of 
     student financial assistance awarded to a student under this 
     title exceed that student's cost of attendance, as defined in 
     section 472.
       ``(4) Matching required.--A recipient of a grant who uses 
     such funds for the purpose described in paragraph (1) shall 
     match the funds used for such purpose, in cash, from non-
     Federal funds, in an amount that is not less than 33 percent 
     of the total amount of funds used for that purpose. This 
     paragraph shall not apply to any grant recipient that is an 
     institution of higher education eligible to receive funds 
     under part A or B of title III or title V.
       ``(5) Reservation.--For any fiscal year after the date of 
     enactment of the Higher Education Technical Amendments of 
     2000, the Secretary may reserve not more than 20 percent of 
     the funds available under this section for grant aid in 
     accordance with this subsection.''.
       (2)(A) Section 404A(b) (20 U.S.C. 1070a-21(b)) is amended 
     by adding at the end thereof the following new paragraph:
       ``(3) Duration.--An award made by the Secretary under this 
     chapter to an eligible entity described in paragraph (1) or 
     (2) of subsection (c) shall be for a period of 6 years.''.
       (B) The amendment made by subparagraph (A) shall be 
     effective for awards made for fiscal year 2000 and succeeding 
     fiscal years, except that the Secretary shall permit 
     recipients of 5-year grants made for fiscal year 1999 to 
     amend their applications to include a 6-year project period.
       (3) Section 415A(a)(2) (20 U.S.C. 1070c(a)(2)) is amended 
     by striking ``section 415F'' and inserting ``section 415E''.
       (4) Section 415E(c) (20 U.S.C. 20 U.S.C. 1070c-3a(c)) is 
     amended to read as follows:
       ``(c) Authorized Activities.--Each State receiving a grant 
     under this section may use the grant funds for--
       ``(1) making awards that--
       ``(A) supplement grants received under section 415C(b)(2) 
     by eligible students who demonstrate financial need; or
       ``(B) provide grants under section 415C(b)(2) to additional 
     eligible students who demonstrate financial need;

[[Page H4183]]

       ``(2) providing scholarships for eligible students--
       ``(A) who demonstrate financial need; and
       ``(B) who--
       ``(i) desire to enter a program of study leading to a 
     career in--

       ``(I) information technology;
       ``(II) mathematics, computer science, or engineering; or
       ``(III) another field determined by the State to be 
     critical to the State's workforce needs; or

       ``(ii) demonstrate merit or academic achievement and 
     desire; and
       ``(3) making awards that--
       ``(A) supplement community service work-study awards 
     received under section 415C(b)(2) by eligible students who 
     demonstrate financial need; or
       ``(B) provide community service work-study awards under 
     section 415C(b)(2) to additional eligible students who 
     demonstrate financial need.''.
       (5) Section 415E (20 U.S.C. 20 U.S.C. 1070c-3a) is amended 
     by adding at the end the following:
       ``(f) Special Rule.--Notwithstanding subsection (d), for 
     purposes of determining a State's share of the cost of the 
     authorized activities described in subsection (c)--
       ``(1) in the case of a State that participates in the 
     program authorized under this section in fiscal year 2000--
       ``(A) if such State participates in the program in fiscal 
     year 2001, for that year the State shall consider only those 
     expenditures from non-Federal sources that exceed its 
     expenditures for activities authorized under this subpart for 
     fiscal year 1999; or
       ``(B) if such State does not participate in the program in 
     fiscal year 2001, but participates in the program in a 
     succeeding fiscal year, for the first fiscal year after 
     fiscal year 2001 in which the State participates in the 
     program, the State shall consider only those expenditures 
     from non-Federal sources that exceed its expenditures for 
     activities authorized under this subpart for the preceding 
     fiscal year, or fiscal year 1999, whichever is greater; and
       ``(2) in the case of a State that participates in the 
     program authorized under this section for the first time 
     after fiscal year 2000, for the first fiscal year in which 
     the State participates in the program, the State shall 
     consider only those expenditures from non-Federal sources 
     that exceed its expenditures for activities authorized under 
     this subpart for the preceding fiscal year.
       ``(g) Use of Funds for Administrative Costs Prohibited.--A 
     State receiving a grant under this section shall not use any 
     of the grant funds to pay administrative costs associated 
     with any of the authorized activities described in subsection 
     (c).''.
       (6) Section 419C(b)(1) (20 U.S.C. 1070d-33(b)(1)) is 
     amended by inserting ``and'' after the semicolon at the end 
     thereof.
       (7) Section 419D(d) (20 U.S.C. 1070d-34(d)) is amended by 
     striking ``Public Law 95-1134'' and inserting ``Public Law 
     95-134''.
       (d) Amendments to Part B of Title IV.--
       (1) Section 425(a)(1)(A)(i)(II) (20 U.S.C. 
     1075(a)(1)(A)(i)(II)) is amended to read as follows:
       ``(II) if such student is enrolled in a program of 
     undergraduate education that is less than 1 academic year, 
     the maximum annual loan amount that such student may receive 
     may not exceed the lesser of--

       ``(aa) the amount that bears the same ratio to the amount 
     specified in subclause (I) as the length of such program 
     measured in semester, trimester, quarter, or clock hours 
     bears to 1 academic year; or
       ``(bb) the amount that bears the same ratio to the amount 
     specified in subclause (I) as the length of such program 
     measured in weeks of instruction bears to 1 academic year;''.

       (2) Section 428(a)(2)(A) (20 U.S.C. 1078(a)(2)(A)(i)) is 
     amended--
       (A) by striking ``and'' at the end of subclause (II) of 
     clause (i); and
       (B) by moving the margin of clause (iii) two ems to the 
     left.
       (3) Section 428(b)(1) is amended--
       (A) in subparagraph (A)(i), by striking subclause (II) and 
     inserting the following:

       ``(II) if such student is enrolled in a program of 
     undergraduate education that is less than 1 academic year, 
     the maximum annual loan amount that such student may receive 
     may not exceed the lesser of--

       ``(aa) the amount that bears the same ratio to the amount 
     specified in subclause (I) as the length of such program 
     measured in semester, trimester, quarter, or clock hours 
     bears to 1 academic year; or
       ``(bb) the amount that bears the same ratio to the amount 
     specified in subclause (I) as the length of such program 
     measured in weeks of instruction bears to 1 academic year;''; 
     and
       (B) in subparagraph (Y)(i), by striking ``subparagraph 
     (M)(i)'' and inserting ``subparagraph (M)(i)(I)''.
       (4) Section 428(c)(3)(B) (20 U.S.C. 1078(c)(3)(B)) is 
     amended by inserting before the semicolon at the end the 
     following: ``and recorded in the borrower's file, except that 
     such regulations shall not require such agreements to be in 
     writing''.
       (5) Section 428C(a)(3)(B) (20 U.S.C. 1078-3(a)(3)(B)) is 
     amended by adding at the end the following new clause:
       ``(ii) Loans made under this section shall, to the extent 
     used to discharge loans made under this title, be counted 
     against the applicable limitations on aggregate indebtedness 
     contained in section 425(a)(2), 428(b)(1)(B), 428H(d), 455, 
     and 464(a)(2)(B).''.
       (6) Section 428H(d)(2)(A)(ii) (20 U.S.C. 1078-
     8(d)(2)(A)(ii)) is amended to read as follows:
       ``(ii) if such student is enrolled in a program of 
     undergraduate education that is less than 1 academic year, 
     the maximum annual loan amount that such student may receive 
     may not exceed the lesser of--

       ``(I) the amount that bears the same ratio to the amount 
     specified in clause (i) as the length of such program 
     measured in semester, trimester, quarter, or clock hours 
     bears to 1 academic year; or
       ``(II) the amount that bears the same ratio to the amount 
     specified in subclause (I) as the length of such program 
     measured in weeks of instruction bears to 1 academic year;''.

       (7) Section 428H(e) is amended--
       (A) by striking paragraph (6); and
       (B) by redesignating paragraph (7) as paragraph (6).
       (8) Section 432(m)(1) (20 U.S.C. 1082(m)(1)) is amended--
       (A) in subparagraph (B)--
       (i) in clause (i), by inserting ``and'' after the semicolon 
     at the end; and
       (ii) in clause (ii), by striking ``; and'' and inserting a 
     period;
       (B) by striking clause (iv) of subparagraph (D); and
       (C) by adding at the end the following new subparagraph:
       ``(E) Perfection of security interests in student loans.--
       ``(i) In general.--Notwithstanding the provisions of any 
     State law to the contrary, including the Uniform Commercial 
     Code as in effect in any State, a security interest in loans 
     made under this part, on behalf of any eligible lender (as 
     defined in section 435(d)) shall attach, be perfected, and be 
     assigned priority in the manner provided by the applicable 
     State's law for perfection of security interests in accounts, 
     as such law may be amended from time to time (including 
     applicable transition provisions). If any such State's law 
     provides for a statutory lien to be created in such loans, 
     such statutory lien may be created by the entity or entities 
     governed by such State law in accordance with the applicable 
     statutory provisions that created such a statutory lien.
       ``(ii) Collateral description.--In addition to any other 
     method for describing collateral in a legally sufficient 
     manner permitted under the laws of the State, the description 
     of collateral in any financing statement filed pursuant to 
     this section shall be deemed legally sufficient if it lists 
     such loans, or refers to records (identifying such loans) 
     retained by the secured party or any designee of the secured 
     party identified in such financing statement, including the 
     debtor or any loan servicer.
       ``(iii) Sales.--Notwithstanding clauses (i) and (ii) and 
     any provisions of any State law to the contrary, other than 
     any such State's law providing for creation of a statutory 
     lien, an outright sale of loans made under this part shall be 
     effective and perfected automatically upon attachment as 
     defined in the Uniform Commercial Code of such State.''.
       (9) Section 435(a)(5) (20 U.S.C. 1085(a)(5)) is amended--
       (A) in subparagraph (A)(i), by striking ``July 1, 2002,'' 
     and inserting ``July 1, 2004,''; and
       (B) in subparagraph (B), by striking ``1999, 2000, and 
     2001'' and inserting ``1999 through 2003''.
       (10) Subparagraphs (A) and (F) of section 438(b)(2) (20 
     U.S.C. 1087-1(b)(2)) are each amended by striking the last 
     sentence.
       (11) Section 439(d) (20 U.S.C. 1087-2(d)) is amended by 
     striking paragraph (3).
       (e) Amendment to Part C of Title IV.--Section 443(b)(2)(B) 
     (42 U.S.C. 2753(b)(2)(B)) is amended by inserting 
     ``(including a reasonable amount of time spent in travel or 
     training directly related to such community service)'' after 
     ``community service''.
       (f) Amendment to Part D of Title IV.--Paragraph (6) of 
     section 455(b) (20 U.S.C. 1087e(b)), as redesignated by 
     section 8301(c)(1) of the Transportation Equity for the 21st 
     Century Act (112 Stat. 498) is redesignated as paragraph (8), 
     and is moved to follow paragraph (7) as added by 452(b) of 
     the Higher Education Amendments of 1998 (112 Stat. 1716).
       (g) Amendments to Part E of Title IV.--
       (1) Section 462(g)(1)(E)(i)(I) (20 U.S.C. 
     1087bb(g)(1)(E)(i)(I)) is amended by inserting ``monthly'' 
     after ``consecutive''.
       (2) Section 464(c)(1)(D) (20 U.S.C. 1087dd(c)(1)(D)) is 
     amended by redesignating subclauses (I) and (II) as clauses 
     (i) and (ii), respectively.
       (3) Section 464(c)(2)(A)(iv) is amended by inserting before 
     the semicolon at the end the following: ``, except that 
     interest shall continue to accrue on such loans and such 
     interest shall be eligible for cancellation under section 
     465''.
       (4) Section 464(h) is amended--
       (A) in paragraph (1)(A)--
       (i) by inserting ``, and the loan default has not been 
     reduced to a judgment against the borrower,'' after 
     ``defaulted on the loan''; and
       (ii) by inserting after ``held by the Secretary,'' the 
     following: ``or if the borrower of a loan under this part who 
     has defaulted on the loan elects to make a single payment 
     equal to the full amount of principal and interest and 
     collection costs owed on the loan,''; and
       (B) by adding at the end the following new paragraph:

[[Page H4184]]

       ``(3) Special rule.--At the discretion of the institution 
     or the Secretary, for the purpose of receiving the benefits 
     of this subsection, a loan that is in default and reduced to 
     judgment may be considered rehabilitated if--
       ``(A) the borrower makes 12 on-time, consecutive, monthly 
     payments of amounts owed on the loan, as determined by the 
     institution, or by the Secretary in the case of a loan held 
     by the Secretary; or
       ``(B) the borrower makes a single payment equal to the full 
     amount of principal and interest and collection costs owed on 
     the loan.''.
       (5)(A) Section 465(a)(2) (20 U.S.C. 1087ee(a)(2)) is 
     amended--
       (i) in subparagraph (A), by striking ``section 111(c)'' and 
     inserting ``section 1113(a)(5)'';
       (ii) in subparagraph (C), by striking ``With Disabilities'' 
     and inserting ``with Disabilities''; and
       (iii) in subparagraph (F), by inserting before the 
     semicolon at the end the following: ``, including full-time 
     prosecutors and public defenders earning $30,000 or less in 
     adjusted gross income''.
       (B) The amendment made by subparagraph (A)(iii) shall be 
     effective on the date of enactment of this Act, except that 
     such amendment shall not prevent any borrower who, prior to 
     the date of enactment of this Act, was receiving cancellation 
     of indebtedness under section 465(a)(2)(F) of the Higher 
     Education Act of 1965 from continuing to receive such 
     cancellation.
       (6) Section 467(b) (20 U.S.C. 1087gg(b)) is amended by 
     striking ``(5)(A), (5)(B)(i), or (6)'' and inserting 
     ``(4)(A), (4)(B), or (5)''.
       (7) Section 469(c) (20 U.S.C. 1087ii(c)) is amended--
       (A) by striking ``sections 602(a)(1) and 672(1)'' and 
     inserting ``sections 602(3) and 632(5)'';
       (B) by striking ``qualified professional provider of early 
     intervention services'' and inserting ``early intervention 
     services''; and
       (C) by striking ``section 672(2)'' and inserting ``section 
     632(4)''.
       (h) Amendments to Part F of Title IV.--
       (1) Section 471 (20 U.S.C. 1087kk) is amended by striking 
     ``subparts 1 or 2'' and inserting ``subpart 1, 2, or 4''.
       (2) Section 478(h) (20 U.S.C. 1087rr(h)) is amended--
       (A) by striking ``476(b)(4)(B),''; and
       (B) by striking ``meals away from home, apparel and upkeep, 
     transportation, and housekeeping services'' and inserting 
     ``food away from home, apparel, transportation, and household 
     furnishings and operations''.
       (3)(A) Section 479A(a) (20 U.S.C. 1087tt(a)) is amended by 
     inserting ``a student's status as a ward of the court at any 
     time prior to attaining 18 years of age,'' after ``487,''.
       (B) The amendment made by subparagraph (A) shall be 
     effective for academic years beginning on or after July 1, 
     2001.
       (i) Amendments to Parts G and H of Title IV.--
       (1) Section 482(a) (20 U.S.C. 1089(a)) is amended by adding 
     at the end the following new paragraph:
       ``(5) The Secretary shall provide a period for public 
     comment of not less than 45 days after publication of any 
     notice of proposed rulemaking published after the date of the 
     enactment of the Higher Education Technical Amendments of 
     2000 affecting programs under this title.''.
       (2) Section 483(d) (20 U.S.C. 1090(d)) is amended by 
     striking ``that is authorized under section 685(d)(2)(C)'' 
     and inserting ``, or other appropriate provider of technical 
     assistance and information on postsecondary educational 
     services, that is supported under section 685''.
       (3) Section 484 (20 U.S.C. 1091) is amended--
       (A) in subsection (a)(4), by striking ``certification,,'' 
     and inserting ``certification,'';
       (B) in subsection (b)(2)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``section 428A'' and inserting ``section 428H'';
       (ii) in subparagraph (A), by inserting ``and'' after the 
     semicolon at the end thereof;
       (iii) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (iv) by striking subparagraph (C);
       (C) in subsection (d)(3), by inserting ``certifies that he 
     or she'' after ``The student''; and
       (D) in subsection (l)(1)(B)(i), by striking ``section 
     521(4)(C) of the Carl D. Perkins Vocational and Applied 
     Technology Education Act'' and inserting ``section 3(3)(C) of 
     the Carl D. Perkins Vocational and Technical Education Act of 
     1998''.
       (4)(A) Section 484(r)(1) is amended by inserting after 
     ``controlled substance'' the following: ``during any period 
     of enrollment for which the student was receiving assistance 
     under this title''.
       (B) Section 484(r) is further amended--
       (i) by redesignating paragraph (3) as paragraph (5); and
       (ii) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) Consequences of failure to answer.--Any student who 
     fails to answer a question of the common financial aid form 
     developed under section 483 that relates to eligibility or 
     ineligibility under this subsection shall be treated as 
     ineligible until such question is answered.
       ``(4) Notice.--The Secretary shall require each institution 
     of higher education that participates in any of the programs 
     under this title to provide each student upon enrollment with 
     a separate, clear, and conspicuous written notice that 
     advises students of the penalties contained in this 
     subsection.''.
       (C) The amendments made by this paragraph shall be 
     effective for academic years beginning on or after July 1, 
     2001.
       (5)(A) Section 484B (20 U.S.C. 1091b) is amended--
       (i) in subsection (a)(1), by inserting ``subpart 4 of part 
     A or'' after ``received under'';
       (ii) in subsection (a)(3)(B)(ii) by inserting ``(as 
     determined in accordance with subsection (d))'' after 
     ``student has completed''; and
       (iii) in subsection (b)(2)--
       (I) in subparagraph (B)(ii), by striking ``subject to--'' 
     through to the end of such subparagraph and inserting 
     ``subject to the procedures described in subparagraph 
     (C)(ii).''; and
       (II) by amending subparagraph (C) to read as follows:
       ``(C) Grant overpayment requirements.--(i) Notwithstanding 
     subparagraphs (A) and (B), but subject to clause (ii), a 
     student shall not be required to return 50 percent of the 
     total grant assistance received by a student under this title 
     for a payment period or period of enrollment. A student shall 
     not be required to return amounts of less than $50.
       ``(ii) Subject to clause (iii), a student shall be 
     permitted to repay any grant overpayment determined under 
     this section under terms that permit the student to maintain 
     his or her eligibility for further assistance under this 
     title, including a period during which no payment is due from 
     the student--
       ``(I) for 6 months, beginning on the day the student 
     withdrew; and
       ``(II) while the student is pursuing at least a half-time 
     course of study, as determined by the institution.
       ``(iii) Clause (ii) shall not apply to a student who is in 
     default on any repayment obligations under this title, or who 
     has not made satisfactory repayment arrangements with respect 
     to such obligations.''.
       (B) The amendments made by subparagraph (A) shall be 
     effective for the academic year beginning July 1, 2001, 
     except that, in the case of an institution of higher 
     education that chooses to implement such amendments prior to 
     that date, such amendments shall be effective on the date of 
     such institution's implementation.
       (6) Section 485(a)(1) (20 U.S.C. 1092(a)(1)) is amended by 
     striking ``mailings, and'' and inserting ``mailings, or''.
       (7)(A) Section 485(f)(1) (20 U.S.C. 1092(f)(1)) is amended 
     by adding at the end the following new subparagraphs:
       ``(I) A statement of policy concerning the handling of 
     reports on missing students, including--
       ``(i) the policy with respect to notification of parents, 
     guardians, and local police agencies and timing of such 
     notification; and
       ``(ii) the institution's policy for investigating reports 
     on missing students and for cooperating with local police 
     agencies in the investigation of a report of a missing 
     student.
       ``(J) A statement of policy regarding the availability of 
     information, provided by the State to the institution 
     pursuant to section 170101 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14071), regarding 
     sexually violent predators required to register under such 
     section. Such statement shall include, at a minimum, the 
     following:
       ``(i) An assurance that the institution shall make 
     available to the campus community, through its law 
     enforcement unit or other office, all such information 
     concerning any person enrolled or employed at the 
     institution.
       ``(ii) The means by which students and employees obtain 
     access to such information.
       ``(iii) The frequency at which such information is updated.
       ``(iv) The type of information to be made available.
       ``(K) A description of campus fire safety practices and 
     standards, including--
       ``(i) information with respect to each campus residence 
     hall and whether or not such hall is equipped with a fire 
     sprinkler system or other fire safety system;
       ``(ii) statistics concerning the occurrence on campus of 
     fires and false alarms in residence halls, including 
     information on deaths, injuries, and structural damage caused 
     by such occurrences, if any, during the 2 preceding calendar 
     years for which such data are available; and
       ``(iii) information regarding fire alarms, smoke alarms, 
     fire escape planning or protocols (as defined in local fire 
     codes), rules on portable electrical appliances, smoking and 
     open flames, regular mandatory supervised fire drills, and 
     any planned improvements in fire safety.''.
       (B) The amendment made by this paragraph shall be effective 
     for academic years beginning on or after July 1, 2001.
       (8) Section 485(f) is further amended--
       (A) in paragraph (3), by inserting after the first sentence 
     the following: ``In addition, each such institution shall 
     make periodic reports to the campus community regarding fires 
     and false fire alarms that are reported to a local fire 
     department.'';
       (B) in paragraph (5)--
       (i) by striking ``paragraph (1)(F)'' and inserting 
     ``subparagraphs (F) and (J) of paragraph (1)'';
       (ii) by striking ``and'' at the end of subparagraph (B);
       (iii) in subparagraph (C), by striking ``education, 
     identify'' and all that follows through the end and inserting 
     the following: ``education, identify--

[[Page H4185]]

       ``(i) exemplary campus security policies, procedures, and 
     practices and disseminate information concerning those 
     policies, procedures, and practices that have proven 
     effective in the reduction of campus crime; and
       ``(ii) fire safety policies, procedures, and practices and 
     disseminate information concerning those policies procedures 
     and practices that have proven effective in the reduction of 
     fires on campus; and''; and
       (iv) by adding at the end the following:
       ``(D) not later than July 1, 2002, prepare and submit a 
     report to Congress containing--
       ``(i) an analysis of the current status of fire safety 
     systems in college and university facilities, including 
     sprinkler systems;
       ``(ii) an analysis of the appropriate fire safety standards 
     to apply to these facilities, which the Secretary shall 
     prepare after consultation with such fire safety experts, 
     representatives of institutions of higher education, and 
     Federal agencies as the Secretary, in the Secretary's 
     discretion, considers appropriate;
       ``(iii) an estimate of the cost of bringing all 
     nonconforming residence halls and other campus buildings into 
     compliance with appropriate building codes; and
       ``(iv) recommendations concerning the best means of meeting 
     fire safety standards in all college facilities, including 
     recommendations for methods of funding such costs.''; and
       (C) in paragraph (12)(A), by inserting before the semicolon 
     at the end the following: ``(other than in dormitories or 
     other residential facilities reported under subparagraph 
     (D))''.
       (9) Section 485 is further amended by adding at the end the 
     following new subsection:
       ``(h) New or Revised Requirements.--For any new requirement 
     for institutional disclosure or reporting under this Act 
     enacted after April 1, 2000, the period for which data must 
     be collected shall begin no sooner than 180 days after the 
     publication of final regulations or guidance. The final 
     regulations or guidance shall include any required data 
     elements or method of collection (or both). The Secretary 
     shall take reasonable and appropriate steps to ensure that 
     institutions have adequate time to collect and prepare the 
     required data before public disclosure or submission to the 
     Secretary.''.
       (10) Section 485B(a) (20 U.S.C. 1092b(a)) is amended--
       (A) by redesignating the paragraphs following paragraph (5) 
     (as added by section 2008 of Public Law 101-239) as 
     paragraphs (6) through (11), respectively; and
       (B) in such paragraph (5)--
       (i) by striking ``(22 U.S.C. 2501 et seq.)),'' and 
     inserting ``(22 U.S.C. 2501 et seq.),''; and
       (ii) by striking the period at the end thereof and 
     inserting a semicolon.
       (11) Section 487(a)(22) (20 U.S.C. 1094(a)(22)) is amended 
     by striking ``refund policy'' and inserting ``refund of title 
     IV funds policy''.
       (12) Section 491(c) (20 U.S.C. 1098(c)) is amended by 
     adding at the end the following new paragraph:
       ``(3) The appointment of members under subparagraphs (A) 
     and (B) of paragraph (1) shall be effective upon publication 
     of the appointment in the Congressional Record.''.
       (13) Section 498 (20 U.S.C. 1099c) is amended--
       (A) in subsection (b)(5), by striking ``institution,'' and 
     inserting ``institution (but subject to the requirements of 
     section 484(b)),'';
       (B) in subsection (c)(2), by striking ``for profit,'' and 
     inserting ``for-profit,''; and
       (C) in subsection (d)(1)(B), by inserting ``and'' at the 
     end thereof.
       (j) Amendments to Title V.--
       (1) Section 504(a) (20 U.S.C. 1101c(a)) is amended--
       (A) by striking ``(1) In general.--''; and
       (B) by striking paragraph (2).
       (2) The amendments made by this subsection shall be 
     effective on the date of enactment of this Act.
       (k) Amendment to Title VI.--Section 604(c) (20 U.S.C. 
     1124(c)) is amended by striking ``this part'' and inserting 
     ``this title''.
       (l) Amendments to Title VII.--
       (1) Section 701(a) (20 U.S.C. 1134(a)) is amended by 
     striking the third sentence and inserting the following: 
     ``Funds appropriated for a fiscal year shall be obligated and 
     expended for fellowships under this subpart for use in the 
     academic year beginning after July 1 of such fiscal year.''.
       (2) Section 714(c) (20 U.S.C. 1135c(c)) is amended--
       (A) by striking ``section 716(a)'' and inserting ``section 
     715(a)''; and
       (B) by striking ``section 714(b)(2)'' and inserting 
     ``section 713(b)(2)''.
       (m) Amendment to Title VIII.--Section 857(a) of the Higher 
     Education Amendments of 1998 (112 Stat. 1824) is amended by 
     striking ``1999'' and inserting ``2001''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. McKeon) and the gentleman from California (Mr. 
Martinez) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. McKeon).


                             General Leave

  Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 4504, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, today we are considering the Higher Education Technical 
Amendments of 2000. Most of you will recall that just over 2 years ago 
we met here on a bipartisan basis to consider the Higher Education 
Amendments of 1998. That legislation was subsequently enacted into law 
on October 7, 1998, and now greatly benefits students by providing the 
lowest student loan interest rates in almost 20 years, as well as by 
making needed improvement to important student aid programs like Work-
Study, Pell grants and TRIO.
  First, I want to express my thanks to the gentleman from Pennsylvania 
(Chairman Goodling) for his leadership on that bill and for the years 
of leadership he has shown on all education matters during his time 
here in the Congress.
  I also want to thank the committee ranking member, the gentleman from 
Missouri (Mr. Clay), the former ranking member of the subcommittee, the 
gentleman from Michigan (Mr. Kildee), and the current ranking member of 
the subcommittee, the gentleman from California (Mr. Martinez), for 
their cooperation in bringing this bill to the floor and for the great 
work that they have done on the other bills that we have been working 
on.
  These amendments which we crafted together have been a great success, 
and our continued efforts on this legislation will only improve on 
those results. The legislation we are considering today makes numerous 
technical corrections, but it also includes some significant policy 
changes that we believe are necessary to ensure that the Higher 
Education Act is implemented in the way we intended.
  Although we could not include all the changes on everyone's wish 
list, we did try to include those improvements that will benefit 
students and families who are struggling to pay for a college 
education.
  An important change included by the committee impacts the eligibility 
of historically black colleges and universities to participate in the 
Federal student aid programs. These institutions play a vital role in 
providing access to post-secondary education for students who might not 
otherwise enroll in higher education. In the 1998 amendments, we 
required some of these institutions to submit plans and implementation 
strategies that would result in default rate reductions at their 
institutions. However, we did not provide sufficient time for the 
affected institutions to take the actions outlined in the default 
management plans to reduce their cohort default rates. This bill is 
correcting that mistake.

  H.R. 4504 also includes three new provisions all related to campus 
security. The first provision is based on H.R. 3619, introduced by the 
gentleman from New Jersey (Mr. Andrews), that requires institutions of 
higher education to have a policy related to the handling of reports on 
missing students, including the notification of parents, guardians and 
local police.
  The second provision is based on H.R. 4407, introduced by the 
gentleman from Arizona (Mr. Salmon), which requires institutions to 
have a policy regarding the availability of information provided by the 
State under the Violent Crime Control and Law Enforcement Act with 
respect to registered sexually violent predators.
  The third provision was an amendment offered by the gentlewoman from 
New Jersey (Mrs. Roukema) that requires institutions to include in 
their annual security report a description of campus fire safety 
practices and standards. All of these provisions will result in greater 
awareness of potential security risks on campus, and I, for one, 
believe that more information is better.
  Additionally, this legislation will improve the regulatory process 
for institutions of higher education and other program participants. We 
continue to hear reports that the Department does not give the public 
enough time to comment on or to implement complex student aid 
regulations. For that reason, we have established minimum time periods 
for certain activities.
  First, the bill requires the Department of Education to allow a 
minimum of 45 days for comment after the publication of a notice of 
proposed rule making. Second, it prevents disclosure or reporting 
requirements from becoming effective for at least 180 days after

[[Page H4186]]

final regulations are published. Although some groups would have 
preferred a longer period of time, the committee believes that these 
time frames provide a reasonable period of time for action without 
causing disruptive delays in the regulatory or implementation process.
  Most importantly, the bill clarifies and strengthens provisions in 
the Higher Education Act regarding the return of Federal funds when 
students withdraw from school. Specifically, it will correct the 
Department interpretation so that students will never be required to 
return more than 50 percent of the grant funds they receive. In 
addition, it will provide students with a limited grace period for 
repayment to help students who are unable to repay immediately upon 
their withdrawal and it will set a minimum threshold for grant 
repayment of $50.
  All of these steps will aid students who withdraw from college for 
emergency or financial reasons. It is our hope that these changes will 
allow a low-income student to make another attempt to obtain a post-
secondary education in the future, which is, of course, what we are 
trying to do with this whole education process.
  This legislation will improve the implementation of the Higher 
Education Amendments of 1998 which we worked very hard to enact in the 
last Congress, and I urge every Member of this Congress to support it.
  Finally, I would like to thank our Education staff members, Sally 
Stroup and George Conant on the majority side, and Maryellen Ardouny 
and Marshall Grigsby on the minority side, for all of the work they 
have done to make this bill possible at this time.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MARTINEZ. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of the bill, the Higher Education 
Technical Amendments Act of 2000. In October of 1998, as the chairman 
has already said, after 2 years of debate and compromise, the Congress 
passed and the President signed the Higher Education Amendments of 
1998.
  Among other things, this bipartisan legislation reduced student loan 
interest rates to the lowest level in 17 years, established the 
performance-based organization to administer Federal student aid 
programs, and it authorized programs to help disadvantaged elementary 
and secondary students graduate from high school and enter college. It 
authorized new programs to strengthen the quality of the elementary and 
secondary teaching force, and expanded the loan cancellation for 
individuals teaching in low-income schools.
  However, since its enactment, approximately a year and a half ago, as 
the chairman said, several technical errors, such as misnumbered 
paragraphs and incorrect punctuation, have been brought to the 
attention of the Committee on Education and Workforce.
  In addition, it has become apparent as a result of the negotiated 
rule making process that, in few instances, clarifying language is 
necessary in order for the 1998 amendments to be implemented as 
Congress intended. Therefore, today we are considering H.R. 4504, the 
Higher Education Technical Amendments of 2000.
  In addition to renumbering paragraphs and changing colons to 
semicolons, the bill does a number of things to improve the Higher 
Education Act and benefit students. For instance, it modifies the 
Student Support Service Program under TRIO to allow grantees to use 
funds for college completion grants and requires 33 percent matching 
funds used for this purpose. It extends the Gear Up grant award period 
to 6 years to allow grantees to serve a cohort of students beginning in 
the sixth grade. It allows work-study funds to be used for travel 
training, and it eliminates the 2-year waiting period Hispanic-serving 
institutions must observe before applying for another grant under title 
V, similar to the legislation recently passed by Congress and signed 
into law to eliminate the wait-out period for tribal colleges and 
Native Alaskan and Hawaiian institutions.

                              {time}  1445

  Most importantly, it adjusts the title IV refund policy to make it 
easier for low-income students who are forced to withdraw from school 
to reenter when their circumstances improve. I believe that the small 
number of changes in the bill and the very technical nature of most of 
them are testimony to the outstanding job that the gentleman from 
California (Mr. McKeon), the gentleman from Michigan (Mr. Kildee), and 
members of the committee did in 1998. I urge my colleagues to support 
the bill, which will improve the excellent piece of legislation we 
passed in 1998, and allow the Department and community to continue 
implementing the Higher Education Act as Congress intended.
  In closing, I would like to say thank you to Sally Stroup, George 
Conant, Marshall Grigsby, and Mary Ellen Sprenkel of our staff for all 
their hard work on H.R. 4504 and the underlying bill.
  I would also like to take a moment to express my deepest sympathy for 
John Oberg, special assistant of higher education at the Department of 
Education. John, who has done an outstanding job of representing the 
administration on issues concerning higher education for the past 6 
years, lost his wife last week in a car accident.
  John, our thoughts are with you during this very difficult time.
  Once again, I urge Members to support this resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. McKEON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Wisconsin (Mr. Petri), a staunch member of the 
committee.
  Mr. PETRI. Mr. Speaker, I would like to thank the gentleman from 
California (Mr. McKeon) for allowing me the opportunity to speak in 
support of this bill.
  Mr. Speaker, we are here today to consider the Higher Education 
Technical Amendments of 2000. As most will recall, about 2 years ago we 
enacted on a bipartisan basis the Higher Education Amendments of 1998. 
Millions of students have since benefited from our efforts, and the 
minimal number of technical amendments that we are considering today is 
testimony to the fact that the bill was well written.
  The legislation we are considering today makes necessary technical 
changes, as well as a few policy changes, that the members of the 
Committee on Education and the Workforce believe are necessary to 
implement the act as intended. In writing this legislation, the 
members, with the guidance of our chairman, have worked to ensure that 
the bill is bipartisan; that it will benefit students; and that it will 
be signed into law.
  One notable benefit to students is the way this bill improves the 
Perkins loan program. It modifies the loan rehabilitation programs to 
provide the benefits of loan rehabilitation to a borrower with a 
defaulted loan who pays his or her loan in full with a single payment 
if the defaulted loan has not been reduced to judgment.
  It also clarifies that loans in deferment for a student who performs 
a service resulting in loan cancellation is reimbursed for interest and 
not just for principal. Additionally, this legislation improves the 
regulatory process for schools and other program participants. This is 
important because the committee continues to hear reports that the 
Department does not give the public enough time to comment on or to 
implement complex student aid regulations.
  To address this, the bill requires the Department of Education to 
allow a minimum of 45 days for comment after the publication of a 
notice of proposed rulemaking. It also prevents disclosure or reporting 
requirements from becoming effective for at least 180 days after final 
regulations are published.
  Another significant element of this bill is the change to the return 
of Federal funds provision to help students who withdraw before the end 
of a term. It corrects the Department's interpretation and clarifies 
that students are never required to return more than 50 percent of the 
grant funds that they receive. However, considering that we in Congress 
have worked hard to help our Nation's students meet some of their needs 
in order to attend the college or university, I for one would hate to 
see us being taken advantage of, or the taxpayer being taken advantage 
of. It is theoretically possible for a person to get a Pell grant to 
enroll in a low-cost local program with the full intention of

[[Page H4187]]

dropping out almost immediately and pocketing half of the grant money.
  One thing I have learned in my years in Congress is that if there is 
a theoretical way for people to take advantage of the Federal 
Government, some people will find it and will do it. To address this 
concern, I intend to ask the General Accounting Office to conduct a 
study to determine whether or not this is a significant problem.
  Again, I would like to thank the gentleman from California (Mr. 
McKeon) for allowing me to speak in support of the bill before us, and 
I urge all of my colleagues to vote in favor of the legislation.
  Mr. MARTINEZ. Mr. Speaker, I reserve the balance of my time.
  Mr. McKEON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Indiana (Mr. Souder), a strong member of the committee.
  (Mr. SOUDER asked and was given permission to revise and extend his 
remarks.)
  Mr. SOUDER. Mr. Speaker, I thank the gentleman from California (Mr. 
McKeon) for his excellent leadership in the higher Committee on 
Education and the Workforce and also our distinguished ranking member 
for his years of work in this committee as well.
  Mr. Speaker, I rise today to talk about two clarifications and one 
addition to the Higher Education Technical Amendments to the so-called 
Souder amendment to the Higher Education Act. This amendment probably 
has caused more controversy on our college campuses than all but few 
things in the Higher Education Act, and this is an attempt to clarify 
some things that I believe were misunderstood or had implementation 
problems at the Department of Education.
  First, let me thank former Congressman Gerald Solomon. For years he 
led this effort to hold students accountable for drug use if they were 
going to use taxpayer money to fund a student loan. What my amendment 
attempted to do was a very simple process and that said, if one abuses 
drugs, that is if they are convicted, not alleged but if they are 
convicted of using drugs or dealing drugs, they would lose their 
student loan for one year.
  If they went through drug treatment and took a drug test and passed 
it twice, they could get back even within that year. Our goal was not 
to get kids tossed out of college. Our goal was to get kids off drugs. 
If it happened twice, they lost their subsidized student loan for two 
years. If it happened three times, they are out. For drug dealing it 
was one and two.
  Now this caused a big rhubarb. The question was, is this punishing 
people who have already been punished once? As if our courts actually 
do more than slap on the wrist. But besides that, the question is not 
punishment; the question is treatment. How do we move to prevention, 
and how do we get those who are abusing drugs on to treatment and to 
help them with their problem?
  There is also the question as taxpayers, is why should we be 
underwriting students who are abusing and convicted of drug use in 
college? In my five trips to Colombia, I have looked and listened to 
leaders in Colombia, leaders in Mexico. I have heard people back home 
and around the country say there is only so much we can do about 
interdiction. What is being done in America about the drug problem?
  This is an effort to actually do prevention and to hold people 
accountable.
  Now there were a couple of problems in implementation that occurred 
in the Higher Education Act. One, there was limited pre-testing of the 
question. Secondly, the poorly framed question caused tremendous 
confusion in incoming freshmen and others in 1999. Hundreds of 
thousands of students left the question blank, which would have stopped 
the system to enforce it and yet they cannot have questions left blank. 
There was also no auditing. There was no checking of those who said 
that they had not been convicted of a drug crime, or who left it blank, 
which is irresponsible enforcement. It is basically a toothless bill 
without that.
  Now there was a misunderstanding as well. All the way through the 
whole debate, I never said anything differently than what I said today, 
which is that if one is going to take a student subsidized loan they 
should be held accountable. Yet for some unusual reason, and I am not 
faulting them for doing it because it was their decision to do so, the 
Clinton administration interpreted this to mean that anybody prior to 
going into college who had been convicted once, twice, or three times 
of a drug crime was, therefore, either in violation of either clause 
one, clause two or clause three, which meant that many teenagers around 
the country who had been convicted of a drug crime all of a sudden were 
either being suspended for 1 year, 2 years or out on drug loans.
  It meant people that were coming back in mid-life or adulthood all of 
a sudden were not eligible, theoretically, at least for student loans. 
There was nowhere in any record that suggested that any of us were 
advocating a reachback provision. The language was very explicit, I 
believed, which is if one takes taxpayer dollars, then they are 
expected to behave legally.
  Now, what we need to do is to try to reach to those students who 
often are young people or middle-aged people who are coming back, who 
have had a tough time in life, who have been convicted of a drug crime, 
and now they want to go to college. The goal here is not to punish 
them.
  I am a big supporter of GEAR UP, where we have technical amendments 
in this bill related to GEAR UP, and there is an unfortunate amendment 
later in the Labor HHS bill that would strike some of the clauses in 
GEAR UP which I oppose because I believe it is important to reach out 
to low-income students. We also need to have accountability.
  What these amendments do are, one, first off one is only covered when 
they receive the loan and they are accepted into a university, or 
coming back after an absence. In other words, there is a short period 
of time while one is not in school, where they would be covered.
  Also, if it is a continuous process, presumably one would be covered. 
In other words, if one took the January semester break off or a summer 
break; but they are in a continuous flow of college, they would be held 
accountable in that period. But the goal here is not if one drops out 
for 5 years to cover that period or to cover their whole years in high 
school.
  The goal is while one is clearly going to college and has been 
approved for a student loan.
  Secondly, we have made it clear now that we have had our trial run. 
If one leaves this blank, they will not get a loan until they fill out 
that question.
  Now, a third part that the gentleman from California (Mr. Gary 
Miller) added, which I think was a very wise additional amendment, was 
to make sure that all students understand that it is clear to the 
information to the Department of Education that if one is convicted of 
a drug crime, they cannot get a student loan, or they will be kicked 
off of a student loan.
  Now lastly, we had some discussions with the Department of Education. 
I want to make it clear that we did not put some amendments in because 
I believe they are moving ahead on this. One is to get the question 
better drafted. I am encouraged, but that question should be pre-tested 
better than they have pre-tested it in the past because as a parent 
whose kids have gone through college, the forms are very confusing; and 
it is very important if they are going to be held accountable to have 
that question clear.
  Secondly, an auditing process, because without an auditing process 
this amendment is toothless. If we are going to attack the drug problem 
in this country and hold people accountable and help kids get into 
treatment and get their lives straightened around, there has to be an 
auditing and accountability process. We are either serious about the 
drug problem or we are not.
  We need to make sure that we do not just focus on interdiction, which 
I believe is important, or border control, which I believe is 
important, or legal accountability, which I believe is important, but 
to have real prevention and treatment programs; and these amendments 
will help this become an even better process and hopefully help many 
students in this country understand that this problem is real.
  Mr. MARTINEZ. Mr. Speaker, I yield back the balance of my time.
  Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would like to make just a couple more comments. In 
addition to the committee staff that I

[[Page H4188]]

thanked earlier, I would like to thank my legislative director, Karen 
Weiss, for all of the work that she has done on this bill. This may be 
the last time that we stand as a subcommittee on the floor with 
legislation during this Congress; and if so, I want to again thank the 
gentleman from California (Mr. Martinez), the ranking member of this 
committee. He has been a joy to work with. He really has the people of 
this country at heart. He has served a lot of time in this Congress and 
done an excellent job, and I just want to let him know that I 
appreciate greatly the ability that he has brought to this Congress and 
the opportunity that we have had to work together.
  Mr. GOODLING. Mr. Speaker, we are here today to consider the Higher 
Education Technical Amendments of 2000. Many of my colleagues will 
remember that in the last Congress we enacted the Higher Education 
Amendments of 1998 on a bipartisan basis. That bill was one of the most 
important pieces of legislation we considered for students and their 
parents. I want to thank Chairman McKeon again for his leadership on 
that bill. Throughout that process he kept members focused on our goal 
of improving our student financial aid system. Millions of students 
have since benefited from our efforts, and the minimal number of 
technical amendments that we are considering today is testimony to the 
fact that the bill was well crafted.
  The Department of Education has issued a majority of the final 
regulations implementing the 1998 amendments. In most cases our intent 
was followed, but in a few important instances, it was not.
  For example, I feel very strongly that the department is not 
following our intent with respect to direct loan origination fees. The 
1998 amendments were designed to provide students with the best 
possible deal under very tight budget constraints, and I believe we 
succeeded in doing that. However, the law uses the word ``shall'' and 
it is very clear in directing the Secretary to collect a four percent 
origination fee on direct student loans. This is confirmed in legal 
opinions from the Congressional Research Service and the Comptroller 
General. It was not our intent to change that, and in my view the 
department's decision to arbitrarily interpret ``shall'' to mean 
``may'' sets a very dangerous precedent. The fact that this legislation 
does not address this issue should not be taken as an endorsement of 
the department's actions.
  The legislation before us today does make a needed change to the 
``return of federal funds'' provisions in the Higher Education Act to 
help students who withdraw before the end of a term. By correcting the 
department's mistaken interpretation, we will ensure that no student is 
required to return more than 50 percent of the grant funds he or she 
received. I know there are those who would like us to go further. 
However, doing so would increase mandatory spending, and in many 
instances, would result in students leaving school with increased 
student loan debt, which I cannot support.
  H.R. 4505 includes three new provisions all related to campus 
security. The first provision is based on H.R. 3619, introduced by 
Representative Andrews of New Jersey, and requires institutions of 
higher education to have a policy related to the handling of reports on 
missing students, including the notification of parents, guardians and 
local police.
  The second provision is based on H.R. 4407 introduced by 
Representative Salmon of Arizona, It requires institutions to have a 
policy regarding the availability of information provided by the state 
under the Violent Crime Control and Law Enforcement Act with respect to 
registered sexually violent predators.
  The third provision was an amendment offered by Representative 
Roukema of New Jersey that requires institutions to include in their 
annual security report a description of campus fire safety practices 
and standards.
  All of these provisions will result in greater awareness of potential 
security risks on campus, and I, for one, believe that more information 
is better.
  Finally, I want to thank Mr. Clay and Mr. Martinez for their efforts 
in crafting this bipartisan legislation. This bill will not satisfy 
everyone completely. But it does make necessary technical and policy 
changes that will improve the implementation of the Higher Education 
Amendments of 1998, and it does so in a way that will benefit students.
  I urge my colleagues to support this legislation.
  Mr. SALMON. Mr. Speaker, I thank Chairman Goodling and Chairman 
McKeon and their staffs for all of their hard work on the Campus 
Protection Act, which will close a loophole in federal law that 
restricts the ability of colleges and universities to notify students 
of the presence of convicted sex offenders on campus. I am thrilled 
that the campus security legislation has been incorporated into H.R. 
4504, the Higher Education Technical Amendments Act of 2000.
  What peaked my interest in this matter was a column Tamara Deitrich 
wrote for the East Valley Tribune on a sex offender roaming the campus 
of Arizona State University (ASU), which is located in my District. The 
sex offender secured a work furlough to study and do research at ASU, 
where about 23,000 young women attend classes. Campus law enforcement 
officials at ASU expressed concern that Federal law hampered their 
ability to adequately warn students about this threat. To me, it's 
unconscionable that women on campuses do not receive notification when 
a rapist or sex offender is enrolled.
  S. Daniel Carter of Security on Campus, an expert in campus security 
matters, carefully evaluated the Campus Protection Act. The following 
is an excerpt from his letter:

       For too long colleges and universities have used the Family 
     Educational Rights and Privacy Act (20 USC Section 1232g) to 
     withhold public safety information from their students and 
     employees that any other citizen would be able to get freely. 
     This is a situation that denies them equal protection under 
     the law and unnecessarily puts their lives and safety at 
     risk. The addition of a requirement to the campus security 
     section of the Higher Education Act of 1965 that schools 
     publicly disclose information about registered sex offenders 
     who are either enrolled or employed by the institution should 
     ensure that FERPA is not misinterpreted to preclude the 
     release of this critically important information. The 
     language included in H.R. 4504 is designed to clarify this 
     point . . .

  I thank S. Daniel Carter for his contribution to this effort and am 
delighted that the founders of his organization and the family most 
responsible for the original campus security law--the Clery's--endorse 
the Campus Protection Act.
  The Campus Protection Act adds a new section to the Jeanne Clery 
Disclosure of Campus Security Policy and Campus Crime Statistics Act to 
clarify that sex offender information of all enrolled students and 
employees not only can be released, but when received, must be 
released. This will ensure that the same information about sex 
offenders available to other state citizens is available to college 
students. Additionally, the Act sensibly provides that universities 
develop a policy statement regarding the availability of this 
information as part of their annual crime statistics report.
  Without a clear statement that schools are obligated to release this 
information, questions will remain about the legality of releasing sex 
offender information. Schools that withhold information because of this 
uncertainty unnecessarily put their students at risk.
  Under the Campus Protection Act, colleges are only obligated to 
report information the state provides. This is not an undue burden or 
mandate, but authority that most campus security offices, such as the 
ASU unit, will welcome. The colleges maintain full discretion on how to 
disclose sex offender information.
  The Campus Protection Act will aid campus law enforcement agencies 
and, more importantly, increase campus safety. In her letter endorsing 
the bill, Detective Sally Miller of the Santa Rose Junior College 
District Police Department writes: ``I wish to indicate my full support 
of [your bill] which provides direction and legal tools for college and 
university law enforcement agencies to educate and inform our 
communities about sexual predators currently hidden within our 
communities. These amendments . . . are vitally important to allow 
college and university police departments to adequately provide for the 
safety of our students and staff from sexual predators.''
  Passage of H.R. 4504 will close the sex offender campus loophole once 
and for all and I urge my colleagues to support it.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Miller of Florida). The question is on 
the motion offered by the gentleman from California (Mr. McKeon) that 
the House suspend the rules and pass the bill, H.R. 4504 , as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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