I 

114TH CONGRESS 

1ST SESSION H. R. 4098 

To amend title III of the Higher Education Act of 1965 to strengthen 

minority-serving institutions. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2015 

Ms. JUDY CHU of California (for herself and Mr. ROYCE) introduced the following bill; which was referred to the Committee on Education and the 

Workforce 

A BILL 

To amend title III of the Higher Education Act of 1965 

to strengthen minority-serving institutions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Minority-Serving Insti5 tution Fairness Act’’. 

6 SEC. 2. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING 

7 INSTITUTIONS. 

8 Section 317(d)(3) of the Higher Education Act of 

9 1965 (20 U.S.C. 1059d(d)(3)) is amended by striking sub10 paragraph (A) and inserting the following: 


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1 ‘‘(A) CONCURRENT FUNDING.—No Alas2 kan Native-serving institution or Native Hawai3 ian-serving institution that receives funds under 

4 this section shall concurrently receive funds 

5 under section 316 or 318, or part B.’’. 

6 SEC. 3. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITU7 TIONS. 

8 Section 319(d)(3) of the Higher Education Act of 

9 1965 (20 U.S.C. 1059f(d)(3)) is amended by striking sub10 paragraph (A) and inserting the following: 

11 ‘‘(A) CONCURRENT FUNDING.—No Native 

12 American-serving, nontribal institution that re13 ceives funds under this section shall concur14 rently receive funds under section 316 or 318, 

15 or part B.’’. 

16 SEC. 4. ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC 

17 ISLANDER-SERVING INSTITUTIONS. 

18 Section 320(d)(3) of the Higher Education Act of 

19 1965 (20 U.S.C. 1059g(d)(3)) is amended by striking sub20 paragraph (A) and inserting the following: 

21 ‘‘(A) CONCURRENT FUNDING.—No Asian 

22 American and Native American Pacific Is23 lander-serving institution that receives funds 

24 under this section shall concurrently receive 

25 funds under section 316 or 318, or part B.’’. 


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1 SEC. 5. HISPANIC-SERVING INSTITUTIONS. 

2 Section 505 of the Higher Education Act of 1965 (20 

3 U.S.C. 1101d) is amended by striking ‘‘part A’’ and in4 serting ‘‘section 316, section 318,’’. 

5 SEC. 6. LIMITATIONS ON CONCURRENT RECEIPT OF PRO6 GRAM FUNDS. 

7 (a) LIMITATIONS ON CONCURRENT RECEIPT OF PRO8 GRAM FUNDS.—Part A of title III of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1057 et seq.) is amended 

10 by adding at the end the following: 

11 ‘‘SEC. 321. LIMITATION ON CONCURRENT RECEIPT OF PRO12 GRAM FUNDS. 

13 ‘‘Subject to the availability of applications, not less 

14 than 35 percent of the funding awarded under each of sec15 tion 317, 319, or 320, or part A of title V, for a fiscal 

16 year, shall be awarded to institutions that are not eligible 

17 for funds concurrently under more than one program 

18 under section 317, 319, or 320, or part A of title V, for 

19 such fiscal year.’’. 

20 (b) INVESTMENT IN HISTORICALLY BLACK COL21 LEGES AND UNIVERSITIES AND OTHER MINORITY-SERV22 ING INSTITUTIONS.—Section 371 of the Higher Education 

23 Act of 1965 (20 U.S.C. 1067q) is amended by adding at 

24 the end the following: 

25 ‘‘(d) LIMITATIONS ON CONCURRENT RECEIPT OF

26 PROGRAM FUNDS.—An eligible institution described in 


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1 paragraph (2), (4), (6), or (7) of subsection (a) may re2 ceive more than one grant under this section for a fiscal 

3 year, if, subject to availability of applications, not less 

4 than 35 percent of the funding awarded under this section 

5 to institutions described in each of such paragraphs is 

6 awarded to institutions that are not eligible for funds con7 currently under more than one program under this section 

8 for such fiscal year.’’. 

9 (c) DURATION OF GRANT.—Section 313(b) of the 

10 Higher Education Act of 1965 (20 U.S.C. 1059(b)) is 

11 amended— 

12 (1) by inserting ‘‘a section under’’ after 

13 ‘‘awarding grants under’’; and 

14 (2) by inserting ‘‘the same section under’’ after 

15 ‘‘receiving a grant under’’. 

Æ 


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