II 

110TH CONGRESS 

1ST SESSION S. 1513 

To amend the Higher Education Act of 1965 to authorize grant programs 

to enhance the access of low-income African-American students to higher 

education. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2007 

Mr. OBAMA introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Higher Education Act of 1965 to authorize 

grant programs to enhance the access of low-income African-American students to higher education. 

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 ‘‘Predominantly Black 

5 Institution Act of 2007’’. 

6 SEC. 2. PREDOMINANTLY BLACK INSTITUTIONS. 

7 (a) AMENDMENT.—Part A of title III of the Higher 

8 Education Act of 1965 (20 U.S.C. 1057 et seq.) is amend9 ed by inserting after section 317 the following: 


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1 ‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 

2 ‘‘(a) FINDINGS AND PURPOSE.— 

3 ‘‘(1) FINDINGS.—Congress finds that— 

4 ‘‘(A) although African-Americans have 

5 made significant progress in closing the gap be6 tween African-American and White enrollment 

7 in higher education— 

8 ‘‘(i) African-Americans continue to 

9 trail Whites in the percentage of the col10 lege-age cohort who enroll and graduate 

11 from college; 

12 ‘‘(ii) among recent secondary school 

13 graduates, the college participation rate of 

14 Whites was 46 percent from 2000 through 

15 2002, while such rate for African-Ameri16 cans was only 39 percent; and 

17 ‘‘(iii) the gap between White and Afri18 can-American bachelor’s degree attainment 

19 rates also remains high, continuing to ex20 ceed 10 percent; 

21 ‘‘(B) a growing number of African-Amer22 ican students are participating in higher edu23 cation and are enrolled at an increasing number 

24 of urban and rural Predominantly Black Insti25 tutions that have included in their mission the 

26 provision of academic training and education 


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1 for both traditional and nontraditional minority 

2 students; 

3 ‘‘(C) the overwhelming majority of stu4 dents attending Predominantly Black Institu5 tions come from low- and middle-income fami6 lies and qualify for participation in the Federal 

7 student assistance programs or other need8 based Federal programs as indicated by recent 

9 data from the National Postsecondary Student 

10 Aid Study which demonstrates that 47 percent 

11 of African-American undergraduates are Fed12 eral Pell Grant recipients, compared to 21 per13 cent of non-Hispanic Whites; 

14 ‘‘(D) many of the students who enroll in 

15 Predominantly Black Institutions are also first 

16 generation college students who often lack the 

17 appropriate academic preparation for success in 

18 college and whose parents lack the requisite 

19 knowledge and information regarding financing 

20 a college education; 

21 ‘‘(E) there is a particular national need to 

22 aid institutions of higher education that have 

23 become Predominantly Black Institutions by 

24 virtue of the fact that the Predominantly Black 


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1 Institutions have expanded opportunities for Af2 rican-American and other minority students; 

3 ‘‘(F) Predominantly Black Institutions ful4 fill a unique mission within American higher 

5 education, far beyond that which was initially 

6 envisioned; 

7 ‘‘(G) Predominantly Black Institutions 

8 serve the cultural and social advancement of 

9 low-income, African-American and other minor10 ity students and are a significant access point 

11 for these students to higher education and the 

12 opportunities offered by American society; 

13 ‘‘(H) the concentration of the students de14 scribed in subparagraph (G) in a limited num15 ber of 2-year and 4-year Predominantly Black 

16 Institutions and the desire of these students to 

17 secure a degree to prepare these students for a 

18 successful career places special burdens on 

19 those institutions who attract, retain, and grad20 uate these students; and 

21 ‘‘(I) financial assistance to establish or 

22 strengthen the academic resources, physical 

23 plants, financial management, and endowments 

24 of the Predominantly Black Institutions are ap25 propriate methods to enhance the educational 


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1 quality of the Predominantly Black Institutions, 

2 to facilitate decreased long-term reliance on 

3 governmental financial support, and to encour4 age reliance on endowments and private 

5 sources. 

6 ‘‘(2) PURPOSE.—It is the purpose of this sec7 tion to assist Predominantly Black Institutions in 

8 expanding educational opportunity through a pro9 gram of Federal assistance. 

10 ‘‘(b) DEFINITIONS.—In this section: 

11 ‘‘(1) EDUCATIONAL AND GENERAL EXPENDI12 TURES.—The term ‘educational and general expendi13 tures’ has the meaning given the term in section 

14 312. 

15 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligi16 ble institution’ means an institution of higher edu17 cation that— 

18 ‘‘(A) has an enrollment of needy under19 graduate students; 

20 ‘‘(B) has an average educational and gen21 eral expenditure which is low, per full-time 

22 equivalent undergraduate student in comparison 

23 with the average educational and general ex24 penditure per full-time equivalent under25 graduate student of institutions that offer simiVerDate Aug 31 2005 19:46 May 27, 2007 Jkt 059196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1513.IS S1513

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1 lar instruction, except that the Secretary may 

2 apply the waiver requirements described in sec3 tion 392(b) to this subparagraph in the same 

4 manner as the Secretary applies the waiver re5 quirements to section 312(b)(1)(B); 

6 ‘‘(C) has an enrollment of undergraduate 

7 students that is not less than 40 percent Afri8 can-American students; 

9 ‘‘(D) is legally authorized to provide, and 

10 provides within the State, an educational pro11 gram for which the institution of higher edu12 cation awards a baccalaureate degree, or in the 

13 case of a junior or community college, an asso14 ciate’s degree; and 

15 ‘‘(E) is accredited by a nationally recog16 nized accrediting agency or association deter17 mined by the Secretary to be a reliable author18 ity as to the quality of training offered, or is, 

19 according to such an agency or association, 

20 making reasonable progress toward accredita21 tion. 

22 ‘‘(3) ENDOWMENT FUND.—The term ‘endow23 ment fund’ has the meaning given the term in sec24 tion 312. 


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1 ‘‘(4) ENROLLMENT OF NEEDY STUDENTS.— 

2 The term ‘enrollment of needy students’ means the 

3 enrollment at an eligible institution with respect to 

4 which not less than 50 percent of the undergraduate 

5 students enrolled in an academic program leading to 

6 a degree— 

7 ‘‘(A) in the second fiscal year preceding 

8 the fiscal year for which the determination is 

9 made, were Federal Pell Grant recipients for 

10 such year; 

11 ‘‘(B) come from families that receive bene12 fits under a means-tested Federal benefit pro13 gram; 

14 ‘‘(C) attended a public or nonprofit private 

15 secondary school— 

16 ‘‘(i) that is in the school district of a 

17 local educational agency that was eligible 

18 for assistance under part A of title I of the 

19 Elementary and Secondary Education Act 

20 of 1965 for any year during which the stu21 dent attended such secondary school; and 

22 ‘‘(ii) which for the purpose of this 

23 paragraph and for that year was deter24 mined by the Secretary (pursuant to regu25 lations and after consultation with the 


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1 State educational agency of the State in 

2 which the school is located) to be a school 

3 in which the enrollment of children counted 

4 under section 1113(a)(5) of such Act ex5 ceeds 30 percent of the total enrollment of 

6 such school; or 

7 ‘‘(D) are first generation college students 

8 and a majority of such first generation college 

9 students are low-income individuals. 

10 ‘‘(5) FIRST GENERATION COLLEGE STUDENT.— 

11 The term ‘first generation college student’ has the 

12 meaning given the term in section 402A(g). 

13 ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— 

14 The term ‘institution of higher education’ has the 

15 meaning given the term in section 101(a). 

16 ‘‘(7) LOW-INCOME INDIVIDUAL.—The term 

17 ‘low-income individual’ has the meaning given such 

18 term in section 402A(g). 

19 ‘‘(8) MEANS-TESTED FEDERAL BENEFIT PRO20 GRAM.—The term ‘means-tested Federal benefit pro21 gram’ means a program of the Federal Government, 

22 other than a program under title IV, in which eligi23 bility for the program’s benefits, or the amount of 

24 such benefits, are determined on the basis of income 


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1 or resources of the individual or family seeking the 

2 benefit. 

3 ‘‘(9) PREDOMINANTLY BLACK INSTITUTION.— 

4 The term ‘Predominantly Black Institution’ means 

5 an institution of higher education— 

6 ‘‘(A) that is an eligible institution with not 

7 less than 1,000 undergraduate students; 

8 ‘‘(B) at which not less than 50 percent of 

9 the undergraduate students enrolled at the eli10 gible institution are low-income individuals or 

11 first generation college students; and 

12 ‘‘(C) at which not less than 50 percent of 

13 the undergraduate students are enrolled in an 

14 educational program leading to a bachelor’s or 

15 associate’s degree that the eligible institution is 

16 licensed to award by the State in which the eli17 gible institution is located. 

18 ‘‘(10) STATE.—The term ‘State’ means each of 

19 the 50 States and the District of Columbia. 

20 ‘‘(c) GRANT AUTHORITY.— 

21 ‘‘(1) IN GENERAL.—The Secretary is authorized 

22 to award grants, from allotments under subsection 

23 (e), to Predominantly Black Institutions to enable 

24 the Predominantly Black Institutions to carry out 

25 the authorized activities described in subsection (d). 


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1 ‘‘(2) PRIORITY.—In awarding grants under this 

2 section the Secretary shall give priority to Predomi3 nantly Black Institutions with large numbers or per4 centages of students described in subsections 

5 (b)(2)(A) or (b)(2)(C). The level of priority given to 

6 Predominantly Black Institutions with large num7 bers or percentages of students described in sub8 section (b)(2)(A) shall be twice the level of priority 

9 given to Predominantly Black Institutions with large 

10 numbers or percentages of students described in 

11 subsection (b)(2)(C). 

12 ‘‘(d) AUTHORIZED ACTIVITIES.— 

13 ‘‘(1) REQUIRED ACTIVITIES.—Grant funds pro14 vided under this section shall be used— 

15 ‘‘(A) to assist the Predominantly Black In16 stitution to plan, develop, undertake, and imple17 ment programs to enhance the institution’s ca18 pacity to serve more low- and middle-income 

19 African-American students; 

20 ‘‘(B) to expand higher education opportu21 nities for students eligible to participate in pro22 grams under title IV by encouraging college 

23 preparation and student persistence in sec24 ondary school and postsecondary education; and 


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1 ‘‘(C) to strengthen the financial ability of 

2 the Predominantly Black Institution to serve 

3 the academic needs of the students described in 

4 subparagraphs (A) and (B). 

5 ‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds 

6 provided under this section shall be used for 1 or 

7 more of the following activities: 

8 ‘‘(A) The activities described in paragraphs 

9 (1) through (11) of section 311(c). 

10 ‘‘(B) Academic instruction in disciplines in 

11 which African-Americans are underrepresented. 

12 ‘‘(C) Establishing or enhancing a program 

13 of teacher education designed to qualify stu14 dents to teach in a public elementary school or 

15 secondary school in the State that shall include, 

16 as part of such program, preparation for teach17 er certification or licensure. 

18 ‘‘(D) Establishing community outreach 

19 programs that will encourage elementary school 

20 and secondary school students to develop the 

21 academic skills and the interest to pursue post22 secondary education. 

23 ‘‘(E) Establishing or increasing an endow24 ment fund in accordance with paragraph (3). 


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1 ‘‘(F) Other activities proposed in the appli2 cation submitted pursuant to subsection (f) 

3 that— 

4 ‘‘(i) contribute to carrying out the 

5 purpose of this section; and 

6 ‘‘(ii) are approved by the Secretary as 

7 part of the review and approval of an ap8 plication submitted under subsection (f). 

9 ‘‘(3) ENDOWMENT FUND.— 

10 ‘‘(A) IN GENERAL.—A Predominantly 

11 Black Institution may use not more than 20 

12 percent of the grant funds provided under this 

13 section to establish or increase an endowment 

14 fund at the institution. 

15 ‘‘(B) MATCHING REQUIREMENT.—In order 

16 to be eligible to use grant funds in accordance 

17 with subparagraph (A), a Predominantly Black 

18 Institution shall provide matching funds from 

19 non-Federal sources, in an amount equal to or 

20 greater than the Federal funds used in accord21 ance with subparagraph (A), for the establish22 ment or increase of the endowment fund. 

23 ‘‘(C) COMPARABILITY.—The provisions of 

24 part C of title III, regarding the establishment 

25 or increase of an endowment fund, that the 


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1 Secretary determines are not inconsistent with 

2 this subsection, shall apply to funds used under 

3 subparagraph (A). 

4 ‘‘(4) LIMITATION.—Not more than 50 percent 

5 of the grant funds provided to a Predominantly 

6 Black Institution under this section may be available 

7 for the purpose of constructing or maintaining a 

8 classroom, library, laboratory, or other instructional 

9 facility. 

10 ‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK IN11 STITUTIONS.— 

12 ‘‘(1) FEDERAL PELL GRANT BASIS.—From the 

13 amounts appropriated to carry out this section for 

14 any fiscal year, the Secretary shall allot to each Pre15 dominantly Black Institution having an application 

16 approved under subsection (f) a sum that bears the 

17 same ratio to one-half of that amount as the number 

18 of Federal Pell Grant recipients in attendance at 

19 such institution at the end of the academic year pre20 ceding the beginning of that fiscal year, bears to the 

21 total number of Federal Pell Grant recipients at all 

22 such institutions at the end of such academic year. 

23 ‘‘(2) GRADUATES BASIS.—From the amounts 

24 appropriated to carry out this section for any fiscal 

25 year, the Secretary shall allot to each Predominantly 


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1 Black Institution having an application approved 

2 under subsection (f) a sum that bears the same ratio 

3 to one-fourth of that amount as the number of grad4 uates for such academic year at such institution, 

5 bears to the total number of graduates for such aca6 demic year at all such institutions. 

7 ‘‘(3) GRADUATES SEEKING A HIGHER DEGREE

8 BASIS.—From the amounts appropriated to carry 

9 out this section for any fiscal year, the Secretary 

10 shall allot to each Predominantly Black Institution 

11 having an application approved under subsection (f) 

12 a sum that bears the same ratio to one-fourth of 

13 that amount as the percentage of graduates from 

14 such institution who are admitted to and in attend15 ance at, not later than 2 years after graduation with 

16 an associate’s degree or a baccalaureate degree, a 

17 baccalaureate degree-granting institution or a grad18 uate or professional school in a degree program in 

19 disciplines in which African-American students are 

20 underrepresented, bears to the percentage of such 

21 graduates for all such institutions. 

22 ‘‘(4) MINIMUM ALLOTMENT.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding 

24 paragraphs (1), (2), and (3), the amount allot25 ted to each Predominantly Black Institution 


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1 under this section shall not be less than 

2 $250,000. 

3 ‘‘(B) INSUFFICIENT AMOUNT.—If the 

4 amount appropriated pursuant to section 

5 399(a)(1)(D) for a fiscal year is not sufficient 

6 to pay the minimum allotment provided under 

7 subparagraph (A) for the fiscal year, then the 

8 amount of such minimum allotment shall be 

9 ratably reduced. If additional sums become 

10 available for such fiscal year, such reduced al11 lotment shall be increased on the same basis as 

12 the allotment was reduced until the amount al13 lotted equals the minimum allotment required 

14 under subparagraph (A). 

15 ‘‘(5) REALLOTMENT.—The amount of a Pre16 dominantly Black Institution’s allotment under para17 graph (1), (2), (3), or (4) for any fiscal year that 

18 the Secretary determines will not be required for 

19 such institution for the period such allotment is 

20 available, shall be available for reallotment to other 

21 Predominantly Black Institutions in proportion to 

22 the original allotment to such other institutions 

23 under this section for such fiscal year. The Secretary 

24 shall reallot such amounts from time to time, on 


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1 such date and during such period as the Secretary 

2 determines appropriate. 

3 ‘‘(f) APPLICATIONS.—Each Predominantly Black In4 stitution desiring a grant under this section shall submit 

5 an application to the Secretary at such time, in such man6 ner, and containing or accompanied by such information 

7 as the Secretary may reasonably require. 

8 ‘‘(g) PROHIBITION.—No Predominantly Black Insti9 tution that applies for and receives a grant under this sec10 tion may apply for or receive funds under any other pro11 gram under part A or part B of title III. 

12 ‘‘(h) DURATION AND CARRYOVER.—Any grant funds 

13 paid to a Predominantly Black Institution under this sec14 tion that are not expended or used for the purposes for 

15 which the funds were paid within 10 years following the 

16 date on which the grant was awarded, shall be repaid to 

17 the Treasury. 

18 ‘‘(i) APPLICABILITY OF PART F.—Part F, other than 

19 section 399, shall not apply to this section.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 399(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 

22 1068h(a)(1)) is amended by adding at the end the fol23 lowing new subparagraph: 

24 ‘‘(D) There are authorized to be appropriated 

25 to carry out section 318 such sums as may be necVerDate Aug 31 2005 19:46 May 27, 2007 Jkt 059196 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1513.IS S1513

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1 essary for fiscal year 2008 and each of the 5 suc2 ceeding fiscal years.’’. 

Æ 


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