H.R. 6 (rh) To extend the authorization of programs under the Higher Education Act of 1965, and for other purposes. ...

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105th CONGRESS
  2d Session
                                 H. R. 6


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 1998

 Received; read twice and referred to the Committee on Labor and Human 
                               Resources

_______________________________________________________________________

                                 AN ACT


 
To extend the authorization of programs under the Higher Education Act 
                    of 1965, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Higher Education Amendments of 
1998''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. General effective date.
                      TITLE I--GENERAL PROVISIONS

          Part A--Extension and Revision of General Provisions

Sec. 101. Redesignation and transfer of provisions.
Sec. 102. Definitions.
Sec. 103. Regulatory reform.
  Part B--Performance-based Organization for the Delivery of Federal 
                     Student Financial Assistance.

Sec. 111. Performance-based organization for the delivery of Federal 
                            student financial assistance.
         TITLE II--POSTSECONDARY EDUCATION IMPROVEMENT PROGRAMS

Sec. 201. Urban community service.
Sec. 202. Fund for the Improvement of Postsecondary Education.
Sec. 203. Grants to States for workplace and community transition 
                            training for incarcerated youth offenders.
Sec. 204. Advanced placement fee payment program.
Sec. 205. Teacher quality enhancement grants.
Sec. 206. Campus safety.
Sec. 207. Accountability for institutions of higher education that 
                            prepare teachers.
Sec. 208. Additional repeal.
                      TITLE III--INSTITUTIONAL AID

Sec. 301. Strengthening institutions.
Sec. 302. Historically black colleges and universities.
Sec. 303. Minority science and engineering improvement program.
Sec. 304. General provisions.
                      TITLE IV--STUDENT ASSISTANCE

                       Part A--Grants to Students

Sec. 401. Pell grants.
Sec. 402. Federal TRIO programs.
Sec. 403. National early intervention and partnership program.
Sec. 404. Repeals.
Sec. 405. Establishment of new programs.
Sec. 406. Federal supplemental educational opportunity grants.
Sec. 407. Grants to States for State student incentives.
Sec. 408. Special programs for students whose families are engaged in 
                            migrant and seasonal farmwork.
Sec. 409. Byrd scholarships.
             Part B--Federal Family Education Loan Program

Sec. 411. Limitation repealed.
Sec. 412. Advances to reserve funds.
Sec. 412A. Guaranty agency reforms.
Sec. 413. Guaranty agency reforms.
Sec. 414. Scope and duration of program.
Sec. 415. Limitations on individual federally insured loans and Federal 
                            loan insurance.
Sec. 416. Applicable interest rates.
Sec. 417. Federally guaranteed student loans.
Sec. 418. Voluntary agreements with guaranty agencies.
Sec. 419. Federal consolidation loans.
Sec. 420. Disbursement.
Sec. 421. Unsubsidized Stafford loans.
Sec. 422. Repeal of loan forgiveness.
Sec. 423. Legal powers and responsibilities.
Sec. 424. Student loan information.
Sec. 425. Definitions.
Sec. 426. Discharge.
Sec. 427. Cancellation of loans for certain public service.
Sec. 428. Debt management options.
Sec. 429. Special allowances.
Sec. 430. Loan forgiveness for child care providers.
                  Part C--Federal Work-Study Programs

Sec. 435. Amendments to part C.
          Part D--William D. Ford Federal Direct Loan Program

Sec. 436. Selection of institutions.
Sec. 437. Terms and conditions.
Sec. 438. Contracts.
Sec. 439. Funds for administrative expenses.
Sec. 440. Authority to sell loans.
Sec. 441. Cancellation of loans for certain public service.
                     Part E--Federal Perkins Loans

Sec. 445. Amendments to part E.
                         Part F--Need Analysis

Sec. 446. Cost of attendance.
Sec. 447. Data elements.
Sec. 448. Family contribution for dependent students.
Sec. 449. Family contribution for independent students without 
                            dependents other than a spouse.
Sec. 450. Family contribution for independent students with dependents 
                            other than a spouse.
Sec. 451. Regulations; updated tables and amounts.
Sec. 452. Simplified needs test; zero expected family contribution.
Sec. 453. Discretion of student financial aid administrators.
Sec. 454. Treatment of other financial assistance.
                       Part G--General Provisions

Sec. 461. Definitions.
Sec. 462. Master calendar.
Sec. 463. Forms and regulations.
Sec. 464. Student eligibility.
Sec. 465. State court judgments.
Sec. 466. Information for students.
Sec. 467. National student loan data system.
Sec. 468. Program participation agreements.
Sec. 469. Quality assurance and regulatory simplification.
Sec. 470. Distance education demonstration programs.
Sec. 471. Garnishment requirements.
Sec. 472. Administrative subpoena authority.
Sec. 473. Advisory committee on student financial assistance.
Sec. 474. Meetings and negotiated rulemaking.
                       Part H--Program Integrity

Sec. 476. State postsecondary review program.
Sec. 477. Accrediting agency recognition.
Sec. 478. Eligibility and certification procedures.
Sec. 479. Program review and data.
                    TITLE V--DEVELOPING INSTITUTIONS

Sec. 501. Establishment of new title V.
        TITLE VI--INTERNATIONAL AND GRADUATE EDUCATION PROGRAMS

Sec. 601. International and foreign language studies.
Sec. 602. Business and international education programs.
Sec. 603. Institute for international public policy.
Sec. 604. General provisions.
Sec. 605. Transfer and reauthorization of graduate assistance in areas 
                            of national need program.
  TITLE VII--CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF ACADEMIC 
                               FACILITIES

Sec. 701. Extension of prior rights and obligations.
Sec. 702. Repeal of part A.
Sec. 703. Extension of authorization of part B.
Sec. 704. Extension of authorization of part C.
                   TITLE VIII--ADDITIONAL PROVISIONS

Sec. 801. Study of transfer of credits.
Sec. 802. Study of market mechanisms in Federal student loan programs.
Sec. 803. Improvements in market information and public accountability 
                            in higher education.
Sec. 804. Differential regulation.
Sec. 805. Annual report on cost of higher education.
Sec. 806. Study of consolidation options.
Sec. 807. Educational merchandise licensing codes of conduct.
Sec. 808. Repeals and extensions of previous higher education 
                            amendments provisions.
Sec. 809. Limitation.
Sec. 810. Procedures for cancellations and deferments for eligible 
                            disabled veterans.
                   TITLE IX--AMENDMENTS TO OTHER LAWS

                   Pasubpart 1-gallaudet universityt
Sec. 901. Board of Trustees membership.
Sec. 902. Elementary and secondary education programs.
Sec. 903. Agreesubpart 2-national institute for the deaf
Sec. 911. Agreement fosubpart 3-general provisionstitute for the Deaf.
Sec. 921. Definitions.
Sec. 922. Audits.
Sec. 923. Reports.
Sec. 924. Monitoring, evaluation, and reporting.
Sec. 925. Responsibility of the liaison.
Sec. 926. Federal endowment programs.
Sec. 927. Scholarship program.
Sec. 928. Oversight and effect of agreements.
Sec. 929. International students.
Sec. 930. Authorization of appropriations.
   Part B--Extension and Revision of Indian Higher Education Programs

Sec. 951. Tribally controlled colleges and universities.
Sec. 952. Reauthorization of provisions from Higher Education 
                            Amendments of 1992.
Sec. 953. Reauthorization of Navajo Community College Act.
                Part C--General Education Provisions Act

Sec. 961. Access to records concerning crimes of violence.
                 TITLE X--FACULTY RETIREMENT PROVISIONS

Sec. 1001. Voluntary retirement incentive plans.
                       TITLE XI--OFFESTS REQUIRED

Sec. 1101. Assurance of offsets.
                     TITLE XII--ALCOHOL CONSUMPTION

Sec. 1201. Sense of the House of Representatives.
    TITLE XIII--PROTECTION OF STUDENT SPEECH AND ASSOCIATION RIGHTS

Sec. 1301. Protection of student speech and association rights.
                 TITLE XIV--DRUG AND ALCOHOL PREVENTION

Sec. 1401. Drug and alcohol abuse prevention.
 TITLE XV--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH LEARNING DISABILITIES

Sec. 1501. Demonstration projects ensuring equal opportunity for 
                            individuals with learning disabilities.
TITLE XVI--SENSE OF THE HOUSE OF REPRESENTATIVES REGARDING DETECTION OF 
    LEARNING DISABILITIES, PARTICULARLY DYSLEXIA, IN POSTSECONDARY 
                               EDUCATION

Sec. 1601. Sense of the House of Representatives.
                     TITLE XVII--SPECIAL PROVISION

Sec. 1701. Ternmination of effectiveness.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided, 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.).

SEC. 4. GENERAL EFFECTIVE DATE.

    Except as otherwise provided in this Act or the amendments made by 
this Act, the amendments made by this Act shall take effect on October 
1, 1998.

                      TITLE I--GENERAL PROVISIONS

          PART A--EXTENSION AND REVISION OF GENERAL PROVISIONS

SEC. 101. REDESIGNATION AND TRANSFER OF PROVISIONS.

    (a) In General.--
            (1) Repeal of title i.--Title I (20 U.S.C. 1001 et seq.) is 
        repealed.
            (2) Repeal of title xii provisions.--The following sections 
        of title XII are repealed: sections 1206, 1211, and 1212 (20 
        U.S.C. 1145a, 1145e, and 1145f).
            (3) Redesignations.--
                    (A) Title XII is redesignated as title I.
                    (B) Sections 1201, 1202, and 1203 (20 U.S.C. 1141, 
                1142, and 1143) are redesignated as sections 101, 102, 
                and 103, respectively.
                    (C) Section 1204(b), as redesignated by section 251 
                of the Higher Education Amendments of 1968 (20 U.S.C. 
                1144(b); 82 Stat. 1042), is redesignated as section 
                104.
                    (D) Section 1204, as added by section 1201 of the 
                Education Amendments of 1980 (20 U.S.C. 1144a; 94 Stat. 
                1495), is amended by striking subsection (a), and by 
                redesignating subsection (b) as section 105.
                    (E) Sections 1205, 1207, 1208, 1209, 1210, and 1213 
                (20 U.S.C. 1145, 1145b, 1145c, 1145d, 1145d-1, and 
                1145g) are redesignated as sections 106 through 111, 
                respectively.
            (4) Transfer.--Title I (including sections 101 through 
        111), as redesignated by paragraph (3), is transferred to 
        immediately follow the short title of the Higher Education Act 
        of 1965 (20 U.S.C. 1001 note).
    (b) Internal Cross-References.--The Higher Education Act of 1965 is 
amended--
            (1) in section 106 (as redesignated by subsection (a)(3)), 
        by striking ``481(a)'' and inserting ``101(a)'';
            (2) in section 485(f)(1)(I), by striking ``section 1213'' 
        and inserting ``section 111'';
            (3) in section 498(j)(2), by striking ``section 
        1201(a)(2)'' and inserting ``section 101(a)(2)'';

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