II 

Calendar No. 323 

109TH CONGRESS 

1ST SESSION S. 731 

[Report No. 109–205] 

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

or Universities. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2005 

Mr. CONRAD (for himself, Mr. BURNS, Mr. JOHNSON, Mr. DORGAN, Mr. 

KOHL, Mr. DOMENICI, Mr. BINGAMAN, Mr. THUNE, and Mr. MCCAIN) 

introduced the following bill; which was read twice and referred to the 

Committee on Indian Affairs 

DECEMBER 12, 2005 

Reported by Mr. MCCAIN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Colleges and 

5 Universities Teacher Faculty Loan Forgiveness Act’’. 
2 

•S 731 RS 

1 SEC. 2. LOAN REPAYMENT OR CANCELLATION FOR INDI2 VIDUALS WHO TEACH IN TRIBAL COLLEGES 

3 OR UNIVERSITIES. 

4 (a) PERKINS LOANS.— 

5 (1) AMENDMENT.—Section 465(a) of the High6 er Education Act of 1965 (20 U.S.C. 1087ee(a)) is 

7 amended— 

8 (A) in paragraph (2)— 

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

10 ‘‘or’’ after the semicolon; 

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

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

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(J) as a full-time teacher faculty member at a 

16 Tribal College or University as defined in section 

17 316(b).’’; and 

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

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

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) shall be effective for service per22 formed during academic year 2003–2004 and suc23 ceeding academic years, notwithstanding any con24 trary provision of the promissory note under which 

25 a loan under part E of title IV of the Higher Edu-
3 

•S 731 RS 

1 cation Act of 1965 (20 U.S.C. 1087aa et seq.) was 

2 made. 

3 (b) FFEL AND DIRECT LOANS.—Part G of title IV 

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

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

6 ‘‘SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR IN7 DIVIDUALS WHO TEACH IN TRIBAL COL8 LEGES OR UNIVERSITIES. 

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

10 carry out a program, through the holder of a loan, of as11 suming or canceling the obligation to repay a qualified 

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

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

14 Tribal Colleges and Universities Teacher Faculty Loan 

15 Forgiveness Act, who— 

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

17 faculty member at a Tribal College or University as 

18 defined in section 316(b); and 

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

20 borrower seeks repayment or cancellation. 

21 ‘‘(b) QUALIFIED LOAN AMOUNTS.— 

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

23 the Secretary shall assume or cancel the obligation 

24 to repay under this section— 
4 

•S 731 RS 

1 ‘‘(A) 15 percent of the amount of all loans 

2 made, insured, or guaranteed after the date of 

3 enactment of the Tribal Colleges and Univer4 sities Teacher Faculty Loan Forgiveness Act to 

5 a student under part B or D, for the first or 

6 second year of employment described in sub7 section (a)(1); 

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

9 the third or fourth year of such employment; 

10 and 

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

12 the fifth year of such employment. 

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

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

15 the aggregate of loans made, insured, or guaranteed 

16 under parts B and D for any student. 

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

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

19 may be a qualified loan amount for the purposes of 

20 this subsection only to the extent that such loan 

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

22 guaranteed under part B or D for a borrower who 

23 meets the requirements of subsection (a), as deter24 mined in accordance with regulations prescribed by 

25 the Secretary. 
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•S 731 RS 

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) EFFECT ON SECTION.—Nothing in this section 

5 shall be construed to authorize any refunding of any re6 payment 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. 12601 

11 et seq.). 

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

13 term ‘year’, when applied to employment as a teacher fac14 ulty member, means an academic year as defined by the 

15 Secretary.’’. 

16 SEC. 3. LOAN REPAYMENT FOR NURSING INSTRUCTORS AT 

17 TRIBAL COLLEGES OR UNIVERSITIES. 

18 Section 846(a)(3) of the Public Health Service Act 

19 (42 U.S.C. 297n(a)(3)) is amended— 

20 (1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; 

21 (2) by inserting ‘‘or’’ after the semicolon; and 

22 (3) by adding at the end the following: 

23 ‘‘(B) who is a nursing instructor at a tribally 

24 controlled college or university (as such term is de25 fined in section 2 of the Tribally Controlled College 
6 

•S 731 RS 

1 or University Assistance Act of 1978 (25 U.S.C. 

2 1801), or any institution listed in section 532 of the 

3 Equity in Educational Land-Grant Status Act of 

4 1994 (7 U.S.C. 301 note));’’. 

5 SEC. 4. AMOUNTS FORGIVEN NOT TREATED AS GROSS IN6 COME. 

7 The amount of any loan that is assumed or canceled 

8 under an amendment made by this Act shall not, con9 sistent with section 108(f) of the Internal Revenue Code 

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

11 tax purposes. 

Calendar No. 323 

109TH CONGRESS 

1ST SESSION S. 731 

[Report No. 109–205] 

A BILL 

To recruit and retain more qualified individuals to 

teach in Tribal Colleges or Universities. 

DECEMBER 12, 2005 

Reported with amendments