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[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1796 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1796

  To amend the Higher Education Act of 1965 to increase postsecondary 
    education opportunities for Hispanic students and other student 
        populations underrepresented in postsecondary education.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 18, 1998

Mr. Bingaman (for himself, Mr. Inouye, and Mrs. Murray) introduced the 
 following bill; which was read twice and referred to the Committee on 
                       Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
  To amend the Higher Education Act of 1965 to increase postsecondary 
    education opportunities for Hispanic students and other student 
        populations underrepresented in postsecondary education.

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

SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Higher Education 
for the 21st Century Act''.
    (b) References.--Except as otherwise specifically provided, 
whenever in this Act an amendment or repeal is expressed as an 
amendment or repeal of a section or other provision, the reference 
shall be considered to be made to that section or provision in the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 2. HISPANIC-SERVING INSTITUTIONS.

    (a) In General.--Title III (20 U.S.C. 1051 et seq.) is amended--
            (1) by redesignating parts C and D (20 U.S.C. 1065 et seq. 
        and 1066 et seq.) as parts E and F, respectively;
            (2) by redesignating section 331 (20 U.S.C. 1065) as 
        section 341;
            (3) by redesignating sections 351, 352, 353, 354, 356, 357, 
        358, and 360 (20 U.S.C. 1066, 1067, 1068, 1069, 1069b, 1069c, 
        1069d, and 1069f) as sections 361, 362, 363, 364, 365, 366, 
        367, and 368, respectively;
            (4) by repealing section 316 (20 U.S.C. 1059c); and
            (5) by inserting after part B the following:

                ``Part C--Hispanic-Serving Institutions

``SEC. 331. FINDINGS.

    ``Congress makes the following findings:
            ``(1) The disparity in educational opportunity between 
        Hispanics and other Americans has become increasingly apparent. 
        Hispanic student participation in higher education has remained 
        basically stagnant with only 8 percent of Hispanic students 
        attending higher education, and with Hispanic students 
        experiencing a high school drop out rate in excess of 30 
        percent. Hispanics have the lowest college participation rates 
        of any major race or ethnic group and attain degrees at a much 
        lower rate than white students.
            ``(2) Efforts to correct this severe underrepresentation of 
        Hispanics in postsecondary education have been woefully 
        inadequate. All too often, responses that could be found were 
        targeted too broadly, constructed too narrowly, or underfunded. 
        With the single exception of the Pell Grant program, Federal 
        higher education programs severely underserve Hispanics.
            ``(3) Hispanic-serving institutions of higher education 
        have contributed significantly to providing equal educational 
        opportunities for Hispanic students, particularly students from 
        low-income and educationally disadvantaged families. Hispanic-
        serving institutions serve a unique function within the 
        Nation's higher education community. While constituting only 3 
        percent of the Nation's higher education institutions, they 
        served more than half of all Hispanic students enrolled in 
postsecondary education.
            ``(4) Hispanic-serving institutions shoulder the burden of 
        providing high-quality educational opportunities for the 
        fastest growing segment of the Nation's population. This 
        population has the Nation's highest secondary school drop out 
        rate and an exceedingly low level of participation in Federal 
        higher education intervention programs such as Upward Bound. It 
        also has historically been subjected to educational, economic, 
        and political discrimination. Absent the existence of these 
        necessary and critical institutions, Hispanic students would be 
        less likely to have access to the benefits of postsecondary 
        education. However, many Hispanic-serving institutions lack 
        adequate institutional and financial resources to fully meet 
        the growing postsecondary educational needs of this target 
        population.
            ``(5) Providing financial assistance to eligible Hispanic-
        serving institutions to enable them to strengthen their 
        institutional, academic, and fiscal resources, and to increase 
        their services for Hispanic and other low-income, educationally 
        disadvantaged students will increase the institutions' 
        viability and self-sufficiency and will enable Hispanic-serving 
        institutions to meet better the critical 21st century needs of 
        the Nation.

``SEC. 332. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary shall provide grants and related 
assistance to Hispanic-serving institutions to enable such institutions 
to improve and expand their capacity to serve Hispanic students and 
other low-income individuals.
    ``(b) Authorized Activities.--
            ``(1) Types of activities authorized.--Grants awarded under 
        this section shall be used by Hispanic-serving institutions of 
        higher education to assist such institutions to plan, develop, 
        undertake, and carry out programs.
            ``(2) Examples of authorized activities.--Such programs may 
        include--
                    ``(A) purchase, rental, or lease of scientific or 
                laboratory equipment for educational purposes, 
                including instructional and research purposes;
                    ``(B) renovation and improvement in classroom, 
                library, laboratory, and other instructional 
                facilities;
                    ``(C) support of faculty exchanges, and faculty 
                development and faculty fellowships to assist in 
                attaining advanced degrees in their field of 
                instruction;
                    ``(D) curriculum development and academic 
                instruction;
                    ``(E) purchase of library books, periodicals, 
                microfilm, and other educational materials;
                    ``(F) funds and administrative management, and 
                acquisition of equipment for use in strengthening funds 
                management;
                    ``(G) joint use of facilities such as laboratories 
                and libraries; and
                    ``(H) academic tutoring and counseling programs and 
                student support services.

``SEC. 333. GRANTS FOR GRADUATE AND PROFESSIONAL PROGRAMS.

    ``(a) In General.--The Secretary shall provide grants and related 
assistance to Hispanic-serving institutions with graduate and 
professional programs to enable such institutions to improve and expand 
graduate and professional opportunities for Hispanic students and other 
students underrepresented in graduate education.
    ``(b) Authorized Activities.--Grants awarded under this section 
shall be used by Hispanic-serving institutions--
            ``(1) to recruit Hispanic students and other students 
        underrepresented in graduate education to enroll in graduate 
        and professional programs;
            ``(2) to provide stipends for such students;
            ``(3) to increase the capacity of the institution to serve 
        such students by increasing faculty or counselling services for 
        such students; or
            ``(4) to expand the number of Hispanic and other 
        underrepresented graduate and professional students that can be 
        served by the institution by expanding courses and 
        institutional resources.

``SEC. 334. APPLICATION PROCESS.

    ``(a) Institutional Eligibility.--Each Hispanic-serving institution 
desiring to receive assistance under this part shall submit to the 
Secretary such enrollment data as may be necessary to demonstrate that 
the institution is a Hispanic-serving institution as defined in section 
336, along with such other data and information as the Secretary may by 
regulation require.
    ``(b) Applications.--Any institution which is determined by the 
Secretary to be a Hispanic-serving institution (on the basis of the 
data and information submitted under subsection (a)) may submit an 
application for assistance under this part to the Secretary. Such 
application shall include--
            ``(1) a 5-year plan for improving the assistance provided 
        by the Hispanic-serving institution to Hispanic students and 
        other low-income individuals; and
            ``(2) such other information and assurance as the Secretary 
        may require.
    ``(c) Priority.--With respect to applications for assistance under 
section 332, the Secretary shall give priority to applications that 
contain satisfactory evidence that such institution has entered into or 
will enter into a collaborative arrangement with at least one local 
educational agency to provide such agency with assistance (from funds 
other than funds provided under this part) in reducing Hispanic dropout 
rates, improving Hispanic rates of academic achievement, and increasing 
the rates at which Hispanic secondary school graduates enroll in higher 
education.

``SEC. 335. SPECIAL RULE.

    ``No Hispanic-serving institution that is eligible for and receives 
funds under this part may receive funds under part A or B during the 
period for which funds under this part are awarded.

``SEC. 336. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Hispanic-serving institution.--The term `Hispanic-
        serving institution' means an institution of higher education 
        which--
                    ``(A) is an eligible institution under section 
                312(b);
                    ``(B) at the time of application, has an enrollment 
                of undergraduate full-time equivalent students that is 
                at least 25 percent Hispanic students; and
                    ``(C) provides assurances that not less than 50 
                percent of its Hispanic students are low-income 
                individuals.
            ``(2) Low-income individual.--The term `low-income 
        individual' means an individual from a family whose taxable 
        income for the preceding year did not exceed 150 percent of an 
        amount equal to the poverty level determined by using criteria 
        of poverty established by the Bureau of the Census.''.
    (b) Authorization of Appropriations.--Section 368(a) (as 
redesignated by subsection (a)(3)) (20 U.S.C. 1069f(a)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``(A)'' after ``Part a.--'';
                    (B) by striking ``(other than section 316)''; and
                    (C) by striking subparagraph (B);
            (2) by redesignating paragraph (3) as paragraph (4);
            (3) in paragraph (4) (as redesignated by paragraph (2))--
                    (A) by striking ``c.--'' and inserting ``e.--''; 
                and
                    (B) by striking ``part C,'' and inserting ``part 
                E,''; and
            (4) by inserting after paragraph (2) the following:
            ``(3) Part c.--(A) There are authorized to be appropriated 
        to carry out part C (other than section 332), $80,000,000 for 
        fiscal year 1999, and such sums as may be necessary for each of 
        the 4 succeeding fiscal years.
            ``(B) There are authorized to be appropriated to carry out 
        section 332, $20,000,000 for fiscal year 1999, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years.''.

SEC. 3. AMERICAN INDIAN TRIBAL COLLEGES AND UNIVERSITIES.

    (a) Amendment.--Title III (20 U.S.C. 1051 et seq.) is amended by 
inserting after part C (as added by section 2(a)(5)) the following:

      ``PART D--STRENGTHENING AMERICAN INDIAN TRIBAL COLLEGES AND 
                              UNIVERSITIES

``SEC. 351. FINDINGS AND PURPOSE.

    ``(a) Findings.--Congress makes the following findings:
            ``(1) Indian tribes are domestic dependent nations, which 
        exercise inherent sovereign authority over their members and 
        territories, and as governments, Indian tribes have the 
        authority to administer educational institutions.
            ``(2) Historically, the education system in the United 
        States has encouraged American Indian and Alaska Native 
        students to forgo their Native language and culture in favor of 
        Western language and culture, and those educational practices 
        have been damaging to Indian students and their communities.
            ``(3) In general, American Indian and Alaska Native youth 
        have a lower economic status than students in the Nation as a 
        whole, and roughly twice as many American Indian and Alaska 
        Native youth live below the poverty line as compared to youth 
        in the general population.
            ``(4) In general, American Indian and Alaska Native youth 
        have a lower educational attainment level than youth in the 
        Nation as a whole, and only 8.9 percent of American Indian and 
        Alaska Native students earn 4-year bachelor's degrees or higher 
academic degrees compared to 20.3 percent of the students in the Nation 
as a whole.
            ``(5) Tribal Colleges or Universities have been established 
        by tribal governments to make postsecondary educational 
        opportunities available in American Indian communities, 
        including general equivalency diplomas (GED's), remedial 
        instruction, and academic, vocational, and technical programs 
        similar to those offered by public and private colleges and 
        universities.
            ``(6) In addition, Tribal Colleges or Universities fulfill 
        unique and vitally important missions of preserving, recording, 
        teaching, and fostering Native languages and cultures.
            ``(7) Tribal Colleges or Universities are well suited to 
        serve American Indian communities because Tribal Colleges or 
        Universities are physically located in the communities that 
        they serve and are attuned to Native languages and cultures.
            ``(8) Tribal Colleges or Universities have been hampered by 
        a lack of adequate and stable funding resources because, unlike 
        State land-grant institutions, Tribal Colleges or Universities 
        do not have large resource bases to draw on, and Tribal 
        Colleges or Universities generally do not receive State 
        funding. This lack of funding seriously threatens the continued 
        viability of some of these institutions.
            ``(9) Based on the United States unique trust 
        responsibility to American Indians, financial assistance to 
        establish, support, and strengthen the physical plants, 
        financial management, academic resources, and endowments of the 
        Tribal Colleges or Universities is appropriate to enhance these 
        institutions and to expand the capacity of these institutions 
        to serve American Indian students.
    ``(b) Purpose.--It is the purpose of this part to improve the 
academic quality, technological capacity, instructional management, and 
fiscal stability of eligible Tribal Colleges or Universities in order 
to strengthen the ability of Tribal Colleges or Universities to make a 
substantial contribution to the higher education resources of the 
Nation.

``SEC. 352. DEFINITIONS.

    ``For the purposes of this part--
            ``(1) the term `Indian' means a person who is a member of 
        an Indian tribe;
            ``(2) the term `Indian tribe' means any Indian or Alaska 
        native tribe, band, nation, pueblo, village, or community that 
        is recognized as eligible for the special programs and services 
        provided by the United States to Indians because of their 
        status as Indians;
            ``(3) the term `Tribal College or University' means an 
        institution of higher education which is formally controlled, 
        or has been formally sanctioned, or chartered, by the governing 
        body of an Indian tribe or tribes, or which meets the criteria 
        for eligibility set forth in section 354(a); and
            ``(4) the term `institution of higher education' means an 
        institution of higher education as defined by section 1201(a), 
        except that clause paragraph (2) of such section shall not be 
        applicable.

``SEC. 353. GRANTS TO INSTITUTIONS; GENERAL AUTHORIZATION AND USE OF 
              FUNDS.

    ``(a) Grants.--From the amounts made available under section 
368(a)(4) for any fiscal year, the Secretary shall make grants, to 
Tribal Colleges or Universities that meet the requirements of 
subsection (a) of section 354 and have applications approved by the 
Secretary, to carry out the activity described in subsection (b).
    ``(b) Authorized Activities.--
            ``(1) In general.--Grant funds under this section may be 
        used for any of the following purposes:
                    ``(A) Purchase, rental, or lease of scientific or 
                laboratory equipment for educational purposes, 
                including instructional and research purposes.
                    ``(B) Construction, maintenance, renovation, and 
                improvement in classroom, library, laboratory, and 
                other instructional facilities, including purchase or 
                rental of telecommunications technology equipment or 
                services.
                    ``(C) Support of faculty exchanges, faculty 
                development, and faculty fellowships to assist faculty 
                in attaining advanced degrees in their field of 
                instruction.
                    ``(D) Academic instruction in disciplines in which 
                American Indians are underrepresented.
                    ``(E) Purchase of library books, periodicals, and 
                other educational materials, including 
                telecommunications program material.
                    ``(F) Tutoring, counseling, and student service 
                programs designed to improve academic success.
                    ``(G) Funds management, administrative management, 
                and acquisition of equipment for use in strengthening 
                funds management.
                    ``(H) Joint use of facilities, such as laboratories 
                and libraries.
                    ``(I) Establishing or improving a development 
                office to strengthen or improve contributions from 
                alumni and the private sector.
                    ``(J) Establishing or enhancing a program of 
                teacher education designed to qualify students to teach 
                in elementary or secondary schools, with a particular 
                emphasis on teaching American Indian children and 
                youth, that shall include, as part of such program, 
                preparation for teacher certification.
                    ``(K) Establishing community outreach programs 
                which will encourage American Indian elementary school 
                and secondary school students to develop the academic 
                skills and the interest to pursue postsecondary 
                education.
                    ``(L) Investing in the technological improvement of 
                the Tribal College or University's administration of 
                funds made available to students under title IV.
                    ``(M) Other activities proposed in the application 
                submitted pursuant to section 354 that are approved by 
                the Secretary as part of the review and acceptance of 
                such application.
            ``(2) Endowment fund.--
                    ``(A) In general.--A Tribal College or University 
                may use not more than 20 percent of the grant funds 
                provided under this part to establish or increase an 
                endowment fund at the institution.
                    ``(B) Matching requirement.--In order to be 
                eligible to use grant funds in accordance with 
                subparagraph (A), the Tribal College or University 
                shall provide matching funds from non-Federal sources, 
                in an amount equal to not less than 50 percent of the 
                Federal funds used in accordance with paragraph (1), 
                for the establishment or increase of the endowment 
                fund.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to a Tribal College or University that 
proposes to carry out a program that strengthens the technological 
capabilities of institutions, as determined by the Secretary.
    ``(d) Planning Grants.--The Secretary may award a grant under this 
part to a Tribal College or University for a period of 1 year for the 
purpose of preparing a technological needs assessment, a plan, and an 
application for a grant under this section.

``SEC. 354. ELIGIBILITY AND APPLICATIONS.

    ``(a) Eligibility.--To be eligible to receive assistance under this 
part, an institution shall meet the following criteria:
            ``(1) Institution.--An institution shall--
                    ``(A) receive assistance under the Tribally 
                Controlled Community College Assistance Act of 1978;
                    ``(B) receive assistance under part H of title III 
                of the Carl D. Perkins Vocational and Applied 
                Technology Education Act;
                    ``(C) receive assistance under the Act of November 
                2, 1921 (commonly known as the `Snyder Act') (42 Stat. 
                208, chapter 115; 25 U.S.C. 13);
                    ``(D) receive assistance under the American Indian, 
                Alaska Native, and Native Hawaiian Culture and Art 
                Development Act; or
                    ``(E) receive funding under the Equity in 
                Educational Land Grant Status Act of 1994.
            ``(2) Accreditation.--An institution that is accredited by 
        a nationally recognized accrediting agency or association 
        determined by the Secretary to be a reliable authority for the 
        quality of training offered, or is, according to such an agency 
        or association, making reasonable progress toward 
        accreditation.
    ``(b) Application.--Any institution desiring to receive assistance 
under this part shall submit an application to the Secretary at such 
time and in such manner as the Secretary may by regulation reasonably 
require. Each such application shall include--
            ``(1) a 5-year plan for improving the assistance provided 
        by the Tribal College or University to Indian students, 
        increasing the rates at which Indian secondary school students 
        enroll in higher education, and increasing overall 
        postsecondary retention rates for Indian students; and
            ``(2) measurable goals for the institution's proposed 
        activities, including a plan for how the institution intends to 
        achieve the goals.
    ``(c) Special Rule.--For the purposes of this part, a Tribal 
College or University that is eligible for and receives funds under 
this part shall not receive funds under part A during the period for 
which the funds under this part are awarded.''.
    (b) Conforming Amendments.--Part F (as redesignated by section 
2(a)(1)) (20 U.S.C. 1066 et seq.) is amended--
            (1) in section 361(b)(1) (as redesignated by section 
        2(a)(3)) (20 U.S.C. 1066(b)(1)), by striking ``part C)'' and 
        inserting ``part E)'';
            (2) in section 361(b)(6) (as redesignated by section 
        2(a)(3)) (20 U.S.C. 1066(b)(6)), by striking ``section 357'' 
        and inserting ``section 366, except that for purposes of part 
        D, paragraphs (2) and (3) of such section shall not apply'';
            (3) in section 362 (as redesignated by section 2(a)(3)) (20 
        U.S.C. 1067), by striking ``part A'' each place the term 
        appears and inserting ``part A, C, or D'';
            (4) in section 363(a)(2) (as redesignated by section 
        2(a)(3)) (20 U.S.C. 1068(a)(2)), by striking ``Native American 
        colleges and universities'' and inserting ``American Indian 
        Tribal Colleges and Universities'';
            (5) in section 363(a)(3)(A) (as redesignated by section 
        2(a)(3)) (20 U.S.C. 1068(a)(3)(A)), by inserting after 
        ``special consideration for grants awarded under part B'' the 
        following: ``, and of the types of activities referred to in 
        section 353 that should receive special consideration for 
        grants awarded under parts C and D'';
            (6) in section 365(a) (as redesignated by section 2(a)(3)) 
        (20 U.S.C. 1069b(a)), by inserting ``, C, or D'' after 
        ``institution eligible under part B'';
            (7) in section 366 (as redesignated by section 2(a)(3)) (20 
        U.S.C. 1069c)--
                    (A) by striking ``The funds'' and inserting ``(a) 
                In General.--''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Exception.--For purposes of part D of this title, paragraphs 
(2) and (3) of subsection (a) shall not apply.'';
            (8) in section 368(a) (as redesignated by section 2(a)(3)) 
        (20 U.S.C. 1069f(a)), by inserting after paragraph (3) (as 
        added by section 2(b)(4)) the following:
            ``(4) Part d.--There are authorized to be appropriated to 
        carry out part D, $50,000,000 for fiscal year 1999 and such 
        sums as may be necessary for each of the four succeeding fiscal 
        years.''; and
            (9) in section 368(e) (as redesignated by section 2(a)(3)) 
        (20 U.S.C. 1069f(e))--
                    (A) by striking ``(3)'' and inserting ``(4)'';
                    (B) by striking ``part C'' and inserting ``part 
                E''; and
                    (C) by striking ``section 331'' and inserting 
                ``section 341''.
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