I

107TH CONGRESS

1ST SESSION H. R. 1180

To recruit and retain more qualified individuals to teach in Tribal Colleges

or Universities.

IN THE HOUSE OF REPRESENTATIVES

MARCH 22, 2001

Ms. HOOLEY of Oregon (for herself, Mr. KILDEE, Mr. PALLONE, Mr. UDALL

of New Mexico, Ms. LEE, Mr. FRANK, Mr. TOWNS, Mrs. NAPOLITANO,

Mr. BACA, Mr. FALEOMAVAEGA, Mr. ABERCROMBIE, Mr. BLAGOJEVICH,

Ms. NORTON, Mr. MCDERMOTT, Mr. POMEROY, Mr. CONYERS, Mr.

HONDA, Mr. FILNER, Ms. MCCOLLUM, and Ms. CARSON of Indiana) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and

Means, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To recruit and retain more qualified individuals to teach

in Tribal Colleges or Universities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. LOAN REPAYMENT OR CANCELLATION FOR IN2 DIVIDUALS WHO TEACH IN TRIBAL COL3 LEGES OR UNIVERSITIES.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Tribal College or University Teacher Loan Forgiveness

6 Act’’.

7 (b) PERKINS LOANS.—

8 (1) AMENDMENT.—Section 465(a) of the High9 er Education Act of 1965 (20 U.S.C. 1087ee(a)) is

10 amended—

11 (A) in paragraph (2)—

12 (i) in subparagraph (H), by striking

13 ‘‘or’’ after the semicolon;

14 (ii) in subparagraph (I), by striking

15 the period and inserting ‘‘; or’’; and

16 (iii) by adding at the end the fol17 lowing:

18 ‘‘(J) as a full-time teacher at a tribal College or

19 University as defined in section 316(b).’’; and

20 (B) in paragraph (3)(A)(i), by striking ‘‘or

21 (I)’’ and inserting ‘‘(I), or (J)’’.

22 (2) EFFECTIVE DATE.—The amendments made

23 by paragraph (1) shall be effective for service per24 formed during academic year 1998–1999 and suc25 ceeding academic years, notwithstanding any con26 trary provision of the promissory note under which
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1 a loan under part E of title IV of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1087aa et seq.) was

3 made.

4 (c) FFEL AND DIRECT LOANS.—Part G of title IV

5 of the Higher Education Act of 1965 (20 U.S.C. 1088

6 et seq.) is amended by adding at the end the following:

7 ‘‘SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR IN8 DIVIDUALS WHO TEACH IN TRIBAL COL9 LEGES OR UNIVERSITIES.

10 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall

11 carry out a program, through the holder of a loan, of as12 suming or canceling the obligation to repay a qualified

13 loan amount, in accordance with subsection (b), for any

14 new borrower on or after the date of enactment of the

15 Tribal College or University Teacher Loan Forgiveness

16 Act, who—

17 ‘‘(1) has been employed as a full-time teacher

18 at a Tribal College or University as defined in sec19 tion 316(b); and

20 ‘‘(2) is not in default on a loan for which the

21 borrower seeks repayment or cancellation.

22 ‘‘(b) QUALIFIED LOAN AMOUNTS.—

23 ‘‘(1) PERCENTAGES.—Subject to paragraph (2),

24 the Secretary shall assume or cancel the obligation

25 to repay under this section—
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1 ‘‘(A) 15 percent of the amount of all loans

2 made, insured, or guaranteed after the date of

3 enactment of the Tribal College or University

4 Teacher Loan Forgiveness Act to a student

5 under part B or D, for the first or second year

6 of employment described in subsection (a)(1);

7 ‘‘(B) 20 percent of such total amount, for

8 the third or fourth year of such employment;

9 and

10 ‘‘(C) 30 percent of such total amount, for

11 the fifth year of such employment.

12 ‘‘(2) MAXIMUM.—The Secretary shall not repay

13 or cancel under this section more than $15,000 in

14 the aggregate of loans made, insured, or guaranteed

15 under parts B and D for any student.

16 ‘‘(3) TREATMENT OF CONSOLIDATION LOANS.—

17 A loan amount for a loan made under section 428C

18 may be a qualified loan amount for the purposes of

19 this subsection only to the extent that such loan

20 amount was used to repay a loan made, insured, or

21 guaranteed under part B or D for a borrower who

22 meets the requirements of subsection (a), as deter23 mined in accordance with regulations prescribed by

24 the Secretary.
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1 ‘‘(c) REGULATIONS.—The Secretary is authorized to

2 issue such regulations as may be necessary to carry out

3 the provisions of this section.

4 ‘‘(d) CONSTRUCTION.—Nothing in this section shall

5 be construed to authorize any refunding of any repayment

6 of a loan.

7 ‘‘(e) PREVENTION OF DOUBLE BENEFITS.—No bor8 rower may, for the same service, receive a benefit under

9 both this section and subtitle D of title I of the National

10 and Community Service Act of 1990 (42 U.S.C. 12571

11 et seq.).

12 ‘‘(f) DEFINITION.—For purposes of this section, the

13 term ‘year’, when applied to employment as a teacher,

14 means an academic year as defined by the Secretary.’’.

15 SEC. 2. AMOUNTS FORGIVEN NOT TREATED AS GROSS IN16 COME.

17 The amount of any loan that is assumed or canceled

18 under an amendment made by this Act shall not, con19 sistent with section 108(f) of the Internal Revenue Code

20 of 1986, be treated as gross income for Federal income

21 tax purposes.

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