I
105TH CONGRESS
1ST SESSION
H. R. 2495
To amend the Higher Education Act of 1965 to increase postsecondary
education opportunities for Hispanic students and other student popu-
lations underrepresented in postsecondary education.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 18, 1997
Mr. HINOJOSA (for himself, Mr. BECERRA, Mr. ROMERO-BARCELO´, Ms.
SANCHEZ, Ms. VELA´ZQUEZ, Mr. GONZALEZ, Mr. MARTINEZ, Mr. ORTIZ,
Mr. TORRES, Mr. SERRANO, Mr. PASTOR, Mr. GUTIERREZ, Mr.
MENENDEZ, Ms. ROYBAL-ALLARD, Mr. UNDERWOOD, Mr. REYES, Mr.
RODRIGUEZ, Mr. BLUMENAUER, Mr. GREEN, Mr. HASTINGS of Florida,
Mr. FORD, Ms. JACKSON-LEE of Texas, Mr. FATTAH, and Mr. DEL-
LUMS) introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To amend the Higher Education Act of 1965 to increase
postsecondary education opportunities for Hispanic stu-
dents and other student populations underrepresented
in postsecondary education.
Be it enacted by the Senate and House of Representa-
tives 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 Twenty-First 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.
SEC. 2. HISPANIC-SERVING INSTITUTIONS.
(a) IN GENERAL.—Title III is amended—
(1) by redesignating parts C and D as parts E
and F, respectively;
(2) by redesignating section 331 as section 341;
(3) by redesignating sections 351 through 360
as sections 361 through 370, respectively;
(4) by redesignating section 316 as part C and
transferring and inserting such part after part B;
and
(5) by amending such part C (as so redesig-
nated) to read as follows:
‘‘PART C—HISPANIC-SERVING INSTITUTIONS
‘‘SEC. 331. FINDINGS.
‘‘The Congress hereby finds and declares the follow-
ing:
‘‘(1) The disparity in educational opportunity
between Hispanics and other Americans has become
increasingly apparent. Hispanic student participa-
tion in higher education has remained basically stag-
nant with only 8 percent of Hispanic students at-
tending higher education, and with Hispanic stu-
dents experiencing a high school drop out rate in ex-
cess 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 underrep-
resentation of Hispanics in postsecondary education
have been woefully inadequate. All too often, re-
sponses that could be found were targeted too broad-
ly, constructed too narrowly, or underfunded. With
the single exception of the Pell Grant program, Fed-
eral higher education programs severely underserve
Hispanics.
‘‘(3) Hispanic-serving institutions of higher
education have contributed significantly to providing
equal educational opportunities for Hispanic stu-
dents, particularly students from low-income and
educationally disadvantaged families. Hispanic-serv-
ing institutions serve a unique function within the
Nation’s higher education community. While con-
stituting only 3 percent of the Nation’s higher edu-
cation institutions, they served more than half of all
Hispanic students enrolled in postsecondary edu-
cation.
‘‘(4) Hispanic-serving institutions shoulder the
burden of providing high-quality educational oppor-
tunities for the fastest growing segment of the Na-
tion’s population. This population has the Nation’s
highest secondary school drop out rate and an ex-
ceedingly 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 edu-
cation. 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 in-
stitutions 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 institu-
tions 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 pur-
poses, including instructional and research pur-
poses;
‘‘(B) renovation and improvement in class-
room, library, laboratory, and other instruc-
tional facilities;
‘‘(C) support of faculty exchanges, and fac-
ulty development and faculty fellowships to as-
sist in attaining advanced degrees in their field
of instruction;
‘‘(D) curriculum development and aca-
demic instruction;
‘‘(E) purchase of library books, periodicals,
microfilm, and other educational materials;
‘‘(F) funds and administrative manage-
ment, and acquisition of equipment for use in
strengthening funds management;
‘‘(G) joint use of facilities such as labora-
tories 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 institu-
tions with graduate and professional programs to enable
such institutions to improve and expand graduate and pro-
fessional 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 insti-
tutions—
‘‘(1) to recruit Hispanic students and other stu-
dents underrepresented in graduate education to en-
roll 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 coun-
selling 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 ex-
panding courses and institutional resources.
‘‘SEC. 334. APPLICATION PROCESS.
‘‘(a) INSTITUTIONAL ELIGIBILITY.—Each Hispanic-
serving institution desiring to receive assistance under this
Act shall submit to the Secretary such enrollment data
as may be necessary to demonstrate that it is a Hispanic-
serving institution as defined in section 335, along with
such other information and data as the Secretary may by
regulation require.
‘‘(b) APPLICATIONS.—Any institution which is deter-
mined by the Secretary to be a Hispanic-serving institu-
tion (on the basis of the information and data submitted
under subsection (a)) may submit an application for as-
sistance 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 His-
panic 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 as-
sistance under section 332, the Secretary shall give prior-
ity to applications that contain satisfactory evidence that
such institution has entered into or will enter into a col-
laborative 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 aca-
demic achievement, and increasing the rates at which His-
panic high school graduates enroll in higher education.
‘‘SEC. 335. SPECIAL RULE.
‘‘No Hispanic-serving college or university which is
eligible for and receives funds under this part may concur-
rently receive other funds under part A or B.
‘‘SEC. 336. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) 
HISPANIC-SERVING
INSTITUTION.—The
term ‘Hispanic-serving institution’ means an institu-
tion of higher education which—
‘‘(A) is an eligible institution under section
312(b);
‘‘(B) at the time of application, has an en-
rollment 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-in-
come 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 pov-
erty established by the Bureau of the Census.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
370(a) (as redesignated by subsection (a)(3) of this sec-
tion) 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 para-
graph (4);
(3) in paragraph (4) (as so redesignated)—
(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 follow-
ing:
‘‘(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 succeed-
ing 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 UNIVER-
SITIES.
(a) AMENDMENT.—Title III is amended by inserting
after part C the following new part:
‘‘PART D—STRENGTHENING AMERICAN INDIAN
TRIBAL COLLEGES AND UNIVERSITIES
‘‘SEC. 351. FINDINGS AND PURPOSES.
‘‘The Congress finds the following:
‘‘(1) The first six American Indian Tribal Col-
leges were established by their constituent tribal gov-
ernments in the late 1960’s and early 1970’s to
bring higher education opportunities to American In-
dians living on remote reservations, who until that
time had been virtually excluded from the higher
education system in the United States.
‘‘(2) Currently, 30 Tribal Colleges and Univer-
sities exist on Indian lands throughout the United
States, serving more than 25,000 students.
‘‘(3) In addition to providing academic, voca-
tional, and technical programs similar to those at
mainstream institutions, Tribal Colleges and Univer-
sities address the challenges of this Nation’s welfare
system by providing GED, basic remedial and other
college preparatory courses, as well as a wide range
of community support and cultural preservation
services, including job training, child care, economic
development planning, tribal archiving, and native
language instruction.
‘‘(4) Despite their growth and the documented
need for the opportunities they provide, Tribal Col-
leges and Universities remain the most poorly fund-
ed institutions of higher education in this country,
with their core funding, which is authorized under
the Tribally Controlled Community Colleges Assist-
ance Act of 1978, remaining significantly below the
authorized levels.
‘‘(5) Because Tribal Colleges and Universities
are located primarily in isolated communities on re-
mote Indian reservations, which are Federal trust
territories, the States have no obligation to fund
them, and although tribal governments possess the
sovereign authority to tax, high unemployment and
poverty rates and the lack of widespread economic
development effectively vitiate a dependable tax base.
‘‘(6) Due to the lack of adequate and stable
funding, the physical plants and academic resources
of the Tribal Colleges and Universities are at risk,
with health and safety hazards seriously threatening
the continued viability of some of the institutions.
‘‘(7) Following a resolution of the Congress, an
Executive Order on Tribal Colleges and Universities
was signed in 1996, which reaffirms the special rela-
tionship of the Federal Government to American In-
dians and Alaskan Natives and is intended to help
ensure that Tribal Colleges and Universities are
more fully recognized as accredited institutions, have
access to the opportunities afforded other institu-
tions, and have Federal resources committed to
them on a continuing basis.
‘‘(8) Financial assistance to establish or
strengthen the physical plants, financial manage-
ment, academic resources, and endowments of the
Tribal Colleges and Universities are appropriate
methods to enhance these institutions and to expand
their capacity to serve American Indian students.
‘‘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
tribe, band, nation, or other organized group or com-
munity, including any Alaskan Native village or re-
gional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
ment Act, which is recognized as eligible for the spe-
cial 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 eligi-
bility set forth in section 354(a) of this part;
‘‘(4) the term ‘institution of higher education’
means an institution of higher education as defined
by section 1201(a) of this Act, except that clause
paragraph (2) of such section shall not be applica-
ble; and
‘‘(5) the term ‘part D institution’ means any in-
stitution which receives assistance under this part.
‘‘SEC. 353. GRANTS TO INSTITUTIONS; GENERAL AUTHOR-
IZATION; USE OF FUNDS.
‘‘From 
the 
amounts 
available 
under 
section
369(a)(4), in any fiscal year the Secretary shall make
grants to Tribal Colleges and Universities which meet the
requirements of subsection (a) of section 354 and have
applications approved by the Secretary for any of the fol-
lowing uses:
‘‘(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, in-
cluding instructional and research purposes.
‘‘(2) Construction, maintenance, renovation,
and improvement in classroom, library, laboratory,
and other instructional facilities, including purchase
or rental of telecommunications technology equip-
ment or services.
‘‘(3) Support of faculty exchanges, faculty de-
velopment, and faculty fellowships to assist in at-
taining advanced degrees in their field of instruction.
‘‘(4) Academic instruction in disciplines in
which American Indians are underrepresented.
‘‘(5) Purchase of library books, periodicals, and
other educational materials, including telecommuni-
cations program material.
‘‘(6) Tutoring, counseling, and student service
programs designed to improve academic success.
‘‘(7) Funds management, administrative man-
agement, and acquisition of equipment for use in
strengthening funds management.
‘‘(8) Joint use of facilities, such as laboratories
and libraries.
‘‘(9) Establishing or improving a development
office to strengthen or improve contributions from
alumni and the private sector.
‘‘(10) 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.
‘‘(11) Establishing community outreach pro-
grams which will encourage American Indian ele-
mentary and secondary students to develop the aca-
demic skills and the interest to pursue postsecondary
education.
‘‘(12) Other activities proposed in the applica-
tion submitted pursuant to section 354 that—
‘‘(A) contribute to carrying out the pur-
poses of this part; and
‘‘(B) are approved by the Secretary as part
of the review and acceptance of such applica-
tion.
‘‘SEC. 354. ELIGIBILITY AND APPLICATIONS.
‘‘(a) ELIGIBILITY.—To be eligible to receive assist-
ance under this part, an institution must meet the follow-
ing criteria:
‘‘(1) INSTITUTION.—An institution which—
‘‘(A) receives assistance under the Tribally
Controlled Community College Assistance Act
of 1978 (Public Law 95–471);
‘‘(B) receives assistance under title III,
part H of the Carl D. Perkins Vocational and
Applied Technology Education Act;
‘‘(C) is enabled under the Snyder Act (23
U.S.C. 34) as an institution owned or operated
by the Bureau of Indian Affairs, or such insti-
tution’s successor entity;
‘‘(D) receives assistance under part I, title
XV of this Act (American Indian, Alaska Na-
tive, and Native Hawaiian Culture and Arts
Development Act); or
‘‘(E) receives funding under the Edu-
cational Equity in Land-grant Status Act of
1994.
‘‘(2) ENROLLMENT.—An institution which has
students a majority of whom are American Indians
or Alaskan Natives.
‘‘(3) ACCREDITATION.—An institution which is
accredited by a nationally recognized accrediting
agency or association determined by the Secretary to
be a reliable authority for the quality of training of-
fered, or is, according to such an agency or associa-
tion, making reasonable progress toward accredita-
tion.
‘‘(b) APPLICATION.—Any institution desiring to re-
ceive assistance under this part shall submit an applica-
tion to the Secretary at such time, 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 In-
dian students, increasing the rates at which Indian
high school students enroll in higher education, and
increasing overall postsecondary retention rates for
Indian students; and
‘‘(2) such enrollment data and other informa-
tion and assurances as the Secretary may require.
‘‘(c) SPECIAL RULE.—For the purposes of this part,
a Tribal College or University which is eligible for and
receives funds under this part shall not concurrently re-
ceive funds under part A.’’.
(b) CONFORMING AMENDMENTS.—Part F (as redes-
ignated by section 2(a)(1)) is amended—
(1) in section 361(b)(1) (as redesignated by
section 2(a)(3)), by striking ‘‘part C)’’ and inserting
‘‘part D)’’;
(2) in section 361(b)(6) (as so redesignated), by
striking ‘‘section 357’’ and inserting ‘‘section 367,
except that for purposes of part D, paragraphs (2)
and (3) shall not apply’’;
(3) in section 362 (as so redesignated), by
striking ‘‘part A’’ each place it appears and insert-
ing ‘‘part A, C, or D’’;
(4) in section 363(a)(2) (as so redesignated), by
striking ‘‘Native American colleges and universities’’
and inserting ‘‘American Indian Tribal Colleges and
Universities’’;
(5) in section 363(a)(3) (as so redesignated), 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 366(a) (as so redesignated), by
inserting ‘‘, C, or D’’ after ‘‘institution eligible under
part B’’;
(7) in section 367 (as so redesignated)—
(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 369(a) (as so redesignated), by
inserting after paragraph (3) (as added by section
2(b)(4)) the following new paragraph:
‘‘(4) PART D.—There are authorized to be ap-
propriated to carry out part D, $50,000,000 for fis-
cal year 1998 and such sums as may be necessary
for each of the four succeeding fiscal years.’’; and
(9) in section 369(e) (as so redesignated)—
(A) by striking ‘‘(3)’’ and inserting ‘‘(4)’’;
(B) by striking ‘‘part C’’ and inserting
‘‘part D’’; and
(C) by striking ‘‘section 331’’ and inserting
‘‘section 351’’.
SEC. 4. TRIO CONTRACTING CONSIDERATIONS.
Section 402A(c) is amended—
(1) by striking ‘‘(1) PRIOR EXPERIENCE.—In
making grants’’ and inserting the following:
‘‘(1) CONSIDERATIONS.—
‘‘(A) PRIOR
EXPERIENCE.—In making
grants’’;
(2) by inserting after paragraph (1)(A) (as re-
designated by paragraph (1) of this section) the fol-
lowing new subparagraph:
‘‘(B) ADDITIONAL
CONSIDERATIONS.—In
making grants and contracts under this chap-
ter, the Secretary shall consider (i) the degree
to which the applicant will serve student popu-
lations that are underrepresented in grants and
contracts previously made under this chapter;
and (ii) in the case of grants and contracts
awarded under sections 402B and 402C, the
degree to which the applicant serves individuals
from population groups with high dropout rates
from secondary schools. The level of consider-
ation given to the factors described in this sub-
paragraph shall be equal to the level of consid-
eration given for prior experience under sub-
paragraph (A).’’; and
(3) in paragraph (2), by inserting ‘‘and other
additional considerations’’ after ‘‘prior experience’’.
SEC. 5. REVISION OF CAMPUS-BASED PROGRAMS ALLOCA-
TION FORMULA.
(a) SEOG PROGRAM.—Section 413D is amended—
(1) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) the follow-
ing new subsection:
‘‘(e) ALLOCATION OF INCREASED APPROPRIATIONS
BASED ON FAIR SHARE.—Notwithstanding the preceding
provisions of this section, if for fiscal year 1999 or any
succeeding fiscal year the amount appropriated pursuant
to section 413A(b) for such fiscal year exceeds the amount
appropriated pursuant to such section for fiscal year 1998,
the Secretary shall allocate such additional appropriation
by allocating to each eligible institution which has an ex-
cess eligible amount (as determined under subsection
(c)(2)) an amount which bears the same ratio to such ad-
ditional appropriation as such excess eligible amount bears
to the sum of the excess eligible amounts of all such eligi-
ble institutions (having such excess eligible amounts).’’.
(b) COLLEGE WORK-STUDY PROGRAM.—Section 442
is amended—
(1) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (d) the follow-
ing new subsection:
‘‘(e) ALLOCATION OF INCREASED APPROPRIATIONS
BASED ON FAIR SHARE.—Notwithstanding the preceding
provisions of this section, if for fiscal year 1999 or any
succeeding fiscal year the amount appropriated pursuant
to section 441(b) for such fiscal year exceeds the amount
appropriated pursuant to such section for fiscal year 1998,
the Secretary shall allocate such additional appropriation
by allocating to each eligible institution which has an ex-
cess eligible amount (as determined under subsection
(c)(2)) an amount which bears the same ratio to such ad-
ditional appropriation as such excess eligible amount bears
to the sum of the excess eligible amounts of all such eligi-
ble institutions (having such excess eligible amounts).’’.
(c) FEDERAL PERKINS LOAN PROGRAM.—Section
462 is amended—
(1) by redesignating subsections (i) and (j) as
subsections (j) and (k), respectively; and
(2) by inserting after subsection (h) the follow-
ing new subsection:
‘‘(i) ALLOCATION OF INCREASED APPROPRIATIONS
BASED ON FAIR SHARE.—Notwithstanding the preceding
provisions of this section, if for fiscal year 1999 or any
succeeding fiscal year the amount appropriated pursuant
to section 461(b) for such fiscal year exceeds the amount
appropriated pursuant to such section for fiscal year 1998,
the Secretary shall allocate such additional appropriation
by allocating to each eligible institution which has an ex-
cess eligible amount (as determined under subsection
(c)(2)) an amount which bears the same ratio to such ad-
ditional appropriation as such excess eligible amount bears
to the sum of the excess eligible amounts of all such eligi-
ble institutions (having such excess eligible amounts).’’.
SEC. 6. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMI-
LIES ARE ENGAGED IN MIGRANT AND SEA-
SONAL FARMWORK.
(a) FINDINGS.—Section 418A is amended—
(1) by redesignating subsections (a) through (e)
as subsections (b) through (f), respectively; and
(2) by inserting before subsection (b) (as so re-
designated) the following:
‘‘(a) FINDINGS.—The Congress finds as follows:
‘‘(1) Migrant workers are the most disadvan-
taged economic subgroup in the Nation.
‘‘(2) Migrant workers are also the most educa-
tionally disadvantaged group in society.
‘‘(3) The high school dropout rate for migrant
children exceeds 50 percent, the highest dropout rate
of any subgroup in the Nation.
‘‘(4) The children of migrant families are the
least likely of all children to participate in post-
secondary education.
‘‘(5) Successful participation by migrant stu-
dents in high school and postsecondary education
must be a national priority.
‘‘(6) The high school equivalency program
under this section has shown remarkable success
rates in educating migrant young people who have
dropped out of high school, with 69 percent of the
students participating in the program attaining their
high school diploma equivalent and over 70 percent
(c) DATA COLLECTION.—Section 418A is amended
by inserting after subsection (g) (as inserted by subsection
(b)) the following:
‘‘(h) DATA COLLECTION.—
‘‘(1) LONGITUDINAL
STUDY.—The Secretary
shall develop and conduct a longitudinal study of—
‘‘(A) the educational attainment of mi-
grant students; and
‘‘(B) the health and education needs of
such students.
‘‘(2) NATIONAL CENTER FOR EDUCATION STA-
TISTICS.—The Assistant Secretary for Educational
Research and Improvement appointed under section
202(b) of the Department of Education Organiza-
tion Act, through the National Center for Education
Statistics—
‘‘(A) shall collect—
‘‘(i) data on migrant students as part
of the common core of data collected by
such center; and
‘‘(ii) postsecondary education data on
migrant students; and
‘‘(B) shall maintain such data in a manner
such that it is discernible from data collected on
other student groups.
‘‘(3) OTHER DATA.—The Secretary shall collect
data on migrant students in any case where the Sec-
retary collects data on students on a racial or ethnic
basis.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section
418A is amended—
(1) by redesignating subsections (f) and (g) as
subsections (i) and (j), respectively; and
(2) in subsection (j) (as so redesignated)—
(A) in paragraph (1)—
(i) by striking ‘‘$15,000,000’’ and in-
serting ‘‘$30,000,000’’; and
(ii) by striking ‘‘1993’’ and inserting
‘‘1999’’;
(B) in paragraph (2)—
(i) by striking ‘‘$5,000,000’’ and in-
serting ‘‘$15,000,000’’; and
(ii) by striking ‘‘1993’’ and inserting
‘‘1999’’; and
(C) by adding at the end the following:
‘‘(3) There are authorized to be appropriated to carry
out subsection (h)(1) $5,000,000 for fiscal year 1999 and
such sums as may be necessary for each of the 4 succeed-
ing fiscal years.’’.
(e) SPECIAL RULE.—Section 418A is amended by
adding at the end the following:
‘‘(k) SPECIAL RULE.—
‘‘(1) IN
GENERAL.—For any fiscal year for
which appropriations for the high school equivalency
program exceed $20,000,000, and the appropriations
for the college assistance migrant program exceed
$10,000,000, and for which such appropriations are
made after the date of the enactment of this sub-
section, the Secretary may use up to $5,000,000
from each such amount to make grants to eligible
institutions (as defined in paragraph (2)) that dem-
onstrate, to the satisfaction of the Secretary, that
they—
‘‘(A) will use the funds to provide services
described in subsection (c)(1)(B) to migrant
students enrolled at the institution; and
‘‘(B) will assist such students to meet the
costs of attending the institution through
means such as charging migrant student who
are not residents of the State in which the insti-
tution is located a discounted tuition otherwise
offered only to in-State residents.
‘‘(2) ELIGIBLE
INSTITUTION
DEFINED.—For
purposes of paragraph (1), an eligible institution is
an institution that, during the most recently com-
pleted academic year preceding the fiscal year for
which funds are made available to the institution
under such paragraph—
‘‘(A) qualified as a Hispanic-serving insti-
tution (as defined in section 335(1)) or a part
B institution (as defined in section 322(2));
‘‘(B) did not have any projects receiving
assistance under subsection (b) or (c) located at
the institution or at a nonprofit organization
working in cooperation with the institution; and
‘‘(C) had enrolled at least 30 first-year mi-
grant students.’’.
(f) TECHNICAL CORRECTIONS.—Section 418A is
amended—
(1) in subsection (b)(1)(B)(i), by striking ‘‘or
whose parents, have’’ and inserting ‘‘or whose
spouse or parent, have’’; and
(2) in subsection (c)(1)—
(A) in subparagraph (A), by striking
‘‘themselves or whose parents have’’ and insert-
ing ‘‘themselves, or whose spouse or parent,
have’’; and
(B) in subparagraph (E), by inserting ‘‘intern-
ships,’’ after ‘‘academic programs,’’.
SEC. 7. AMENDMENT TO DEFAULT RATE LIMITATION PRO-
VISIONS.
Section 435(a)(2)(C) is amended—
(1) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(2) by inserting after clause (i) the following
new clause:
‘‘(ii) an Hispanic-serving institution within
the meaning of section 316(b)(1) of this Act;’’.
SEC. 8. LOAN FORGIVENESS.
(a) GUARANTEED LOANS.—Section 437 is amend-
ed—
(1) in the section heading, by striking out the
period at the end thereof and inserting in lieu there-
of a semicolon and ‘‘LOAN
FORGIVENESS
FOR
TEACHING’’;
(2) by amending the heading for subsection (c)
to read as follows: ‘‘DISCHARGE
RELATED
TO
SCHOOL CLOSURE OR FALSE CERTIFICATION.—’’;
and
(3) by adding at the end thereof the following
new subsection:
‘‘(e) CANCELLATION OF LOANS FOR TEACHING.—(1)
The Secretary shall discharge the liability of a borrower
of a loan made under this part by repaying the amount
owed on the loan, to the extent specified in paragraph (3),
for service described in paragraph (2).
‘‘(2) A loan shall be discharged under paragraph (1)
for service—
‘‘(A) as a full-time teacher for service in an
academic year in a public or other nonprofit private
elementary or secondary school which is in the
school district of a local educational agency which is
eligible in such year for assistance pursuant to title
I of the Elementary and Secondary Education Act
of 1965, and which for the purpose of this para-
graph and for that year has been determined by the
Secretary (pursuant to regulations and after con-
sultation with the State educational agency of the
State in which the school is located) to be a school
in which the enrollment of children counted under
section 1124(c) of the Elementary and Secondary
Education Act of 1965 exceeds 30 percent of the
total enrollment of that school;
‘‘(B) as a full-time staff member in a preschool
program carried on under the Head Start Act which
is operated for a period which is comparable to a full
school year in the locality if the salary of such staff
member is not more than the salary of a comparable
employee of the local educational agency;
‘‘(iv) in the case of service described in sub-
paragraph (E) of paragraph (2) at the rate of 15
percent for the first or second year of such service
and 20 percent for the third or fourth year of such
service.
‘‘(B) If a portion of a loan is discharged under sub-
paragraph (A) for any year, the entire amount of interest
on that loan that accrues for that year shall also be dis-
charged by the Secretary.
‘‘(C) Nothing in this section shall be construed to au-
thorize refunding of any repayment of a loan.
‘‘(4) The amount of a loan, and interest on a loan,
that is canceled under this subsection shall not be consid-
ered income for purposes of the Internal Revenue Code
of 1986.
‘‘(5) No borrower may, for the same volunteer serv-
ice, receive a benefit under both this subsection and sub-
title D of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12571 et seq.).
‘‘(6) The Secretary shall specify in regulations the
manner in which lenders shall be reimbursed for loans
made under this part, or portions thereof, that are dis-
charged under this subsection.
‘‘(7) If the list of schools in which a teacher may per-
form service pursuant to paragraph (2) is not available
before May 1 of any year, the Secretary may use the list
for the year preceding the year for which the determina-
tion is made to make such service determination.
‘‘(8) Any teacher who performs service in a school
which—
‘‘(A) meets the requirements of paragraph (2)
in any year during such service; and
‘‘(B) in a subsequent year fails to meet the re-
quirements of such subsection,
may continue to teach in such school and shall be eligible
for loan cancellation pursuant to paragraph (1) with re-
spect to such subsequent years.’’.
(b) DIRECT LOANS.—Part D of title IV is amended
by inserting after section 458 (20 U.S.C. 1087h) the fol-
lowing new section:
‘‘SEC. 459. CANCELLATION OF LOANS FOR CERTAIN PUBLIC
SERVICE.
‘‘(a) CANCELLATION
OF PERCENTAGE
OF DEBT
BASED ON YEARS OF QUALIFYING SERVICE.—
‘‘(1) IN
GENERAL.—The percent specified in
paragraph (3) of the total amount of any loan made
under this part shall be canceled for each complete
year of service after such date by the borrower
under circumstances described in paragraph (2).
‘‘(2) QUALIFYING
SERVICE.—Loans shall be
canceled under paragraph (1) for service—
‘‘(A) as a full-time teacher for service in
an academic year in a public or other nonprofit
private elementary or secondary school which is
in the school district of a local educational
agency which is eligible in such year for assist-
ance pursuant to title I of the Elementary and
Secondary Education Act of 1965, and which
for the purpose of this paragraph and for that
year has been determined by the Secretary
(pursuant to regulations and after consultation
with the State educational agency of the State
in which the school is located) to be a school in
which the enrollment of children counted under
section 1124(c) of the Elementary and Second-
ary Education Act of 1965 exceeds 30 percent
of the total enrollment of that school;
‘‘(B) as a full-time staff member in a pre-
school program carried on under the Head
Start Act which is operated for a period which
is comparable to a full school year in the local-
ity if the salary of such staff member is not
more than the salary of a comparable employee
of the local educational agency;
‘‘(C) as a full-time special education teach-
er, including teachers of infants, toddlers, chil-
dren, or youth with disabilities in a public or
other nonprofit elementary or secondary school
system, or as a full-time qualified professional
provider of early intervention services in a pub-
lic or other nonprofit program under public su-
pervision by the lead agency as authorized in
section 676(b)(9) of the Individuals With Dis-
abilities Education Act;
‘‘(D) as a member of the Armed Forces of
the United States, for service that qualifies for
special pay under section 310 of title 37, Unit-
ed States Code, as an area of hostilities;
‘‘(E) as a volunteer under the Peace Corps
Act or a volunteer under the Domestic Volun-
teer Service Act of 1973;
‘‘(F) as a full-time law enforcement officer
or corrections officer for service to local, State,
or Federal law enforcement or corrections agen-
cies;
‘‘(G) as a full-time teacher of mathematics,
science, foreign languages, bilingual education,
or any other field of expertise where the State
educational agency determines there is a short-
age of qualified teachers;
‘‘(H) as a full-time nurse or medical tech-
nician providing health care services; or
‘‘(I) as a full-time employee of a public or
private nonprofit child or family service agency
who is providing, or supervising the provision
of, services to high-risk children who are from
low-income communities and the families of
such children.
For the purpose of this paragraph, the term ‘‘chil-
dren with disabilities’’ has the meaning set forth in
section 602(a)(1) of the Individuals with Disabilities
Education Act.
‘‘(3) PERCENTAGE
OF
CANCELLATION.—(A)
The percent of a loan which shall be canceled under
paragraph (1) of this subsection is—
‘‘(i) in the case of service described in sub-
paragraph (A), (C), (F), (G), (H), or (I) of
paragraph (2), at the rate of 15 percent for the
first or second year of such service, 20 percent
for the third or fourth year of such service, and
30 percent for the fifth year of such service;
‘‘(ii) in the case of service described in
subparagraph (B) of paragraph (2), at the rate
of 15 percent for each year of such service;
‘‘(iii) in the case of service described in
subparagraph (D) of paragraph (2), not to ex-
ceed a total of 50 percent of such loan at the
rate of 121⁄2 percent for each year of qualifying
service; or
‘‘(iv) in the case of service described in
subparagraph (E) of paragraph (2) at the rate
of 15 percent for the first or second year of
such service and 20 percent for the third or
fourth year of such service.
‘‘(B) If a portion of a loan is canceled under
this subsection for any year, the entire amount of in-
terest on such loan which accrues for such year shall
be canceled.
‘‘(C) Nothing in this section shall be construed
to authorize refunding of any repayment of a loan.
‘‘(4) DEFINITION.—For the purpose of this sec-
tion, the term ‘‘year’’ where applied to service as a
teacher means an academic year as defined by the
Secretary.
‘‘(5) TREATMENT OF CANCELED AMOUNTS.—
The amount of a loan, and interest on a loan, which
is canceled under this section shall not be considered
income for purposes of the Internal Revenue Code of
1986.
‘‘(6) PREVENTION OF DOUBLE BENEFITS.—No
borrower may, for the same volunteer service, receive
a benefit under both this section and subtitle D of
title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
‘‘(b) SPECIAL RULES.—
‘‘(1) LIST.—If the list of schools in which a
teacher may perform service pursuant to subsection
(a)(2)(A) is not available before May 1 of any year,
the Secretary may use the list for the year preceding
the year for which the determination is made to
make such service determination.
‘‘(2) CONTINUING
ELIGIBILITY.—Any teacher
who performs service in a school which—
‘‘(A) meets the requirements of subsection
(a)(2)(A) in any year during such service; and
‘‘(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be
eligible for loan cancellation pursuant to subsection
(a)(1) with respect to such subsequent years.’’.
SEC. 9. WORK-STUDY TUTORING FOR HEP/CAMP STUDENTS.
Section 443(b)(5) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘except that’’; and
(2) by inserting before the semicolon at the end
the following: ‘‘; and (B) such Federal share shall
equal 100 percent of such compensation in the case
of students employed in the work-study program to
tutor students who are eligible for and receiving
services under subpart 5 of part A of this title’’.
SEC. 10. PROGRAMS FOR TEACHING AND COUNSELING EX-
CELLENCE.
(a) PROGRAMS FOR TEACHING EXCELLENCE.—The
Act is amended by striking title V and inserting the follow-
ing:
‘‘TITLE 
V—PROGRAMS 
FOR
TEACHING AND COUNSELING
EXCELLENCE
‘‘PART A—TEACHER EDUCATION AND
PROFESSIONAL DEVELOPMENT
‘‘SEC. 501. PROGRAMS FOR TEACHING EXCELLENCE.
‘‘(a) PURPOSE.—It is the purpose of this section to
provide funds to institutions of higher education and con-
sortia of institutions of higher education and local edu-
cational agencies to reform teacher education and profes-
sional development programs to address the demographic,
economic, and technological changes occurring in the
United States.
‘‘(b) PROGRAM AUTHORIZED.—The Secretary shall
award grants to institutions of higher education and con-
sortia of an institution of higher education and a local
educational agency (as defined in section 14101 of the El-
ementary and Secondary Education Act of 1965) to carry
out the purpose of this section.
‘‘(c) USES OF FUNDS.—A recipient of a grant under
this section shall use the grant for one or more of the
following:
‘‘(1) Technology training for elementary and
secondary school teachers and counselors.
‘‘(2) Training bilingual education teachers.
‘‘(3) Recruiting minorities into the teaching and
counseling professions.
‘‘(4) Training elementary and secondary school
teachers in methodology to raise academic achieve-
ment for all students.
‘‘(d) APPLICATIONS.—An institution or consortium
that desires to receive a grant under this section shall sub-
mit an application to the Secretary at such time and in
such manner as the Secretary shall specify.
‘‘(e) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to applicants that
are a consortium of an institution of higher education and
a local educational agency.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$350,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the 4 succeeding fiscal years.’’.
(b) COUNSELING GRANTS.—The Act is amended—
(1) by transferring chapter 4 of subpart 2 of
part A of title IV to title V;
(2) by inserting such chapter after section 501
(as inserted by subsection (a)); and
(3) by amending such chapter to read as fol-
lows:
‘‘PART B—PROGRAMS FOR COUNSELING
EXCELLENCE
‘‘SEC. 511. AIM HIGH GRANTS.
‘‘(a) PROGRAM AUTHORITY.—From amounts appro-
priated under section 513, the Secretary shall award
grants to develop model programs—
‘‘(1) to counsel students, at an early age, and
parents about college opportunities, high school ad-
vanced placement courses and test requirements,
study skill development, precollege requirements, the
college admissions procedure, career exploration in
the public and private sector and highly technical
fields, financial aid opportunities, and student sup-
port services that are specially designed or cus-
tomized for use in specific geographic, social, and
cultural environments;
‘‘(2) which stimulate community partnerships
with schools by providing tutoring, mentoring, work
experiences, exposure to college campuses, and other
services which support making postsecondary edu-
cation a realistic goal for all students; or
‘‘(3) to provide in-service training to equip
guidance counselors to prepare them for new edu-
cational reform indicators, such as testing, high
standards curricula, changing high school and col-
lege entrance requirements, and improved informa-
tion about college opportunities.
‘‘(b) PRIORITIES
IN SELECTION.—The Secretary
shall give priority to those model programs which are di-
rected at areas which have a high proportion of minority,
limited English proficiency, economically disadvantaged,
disabled, nontraditional, or at-risk students, or students
from a home in which a language other than English is
spoken, and those model programs which serve these stu-
dents from rural or urban environments.
‘‘(c) PROPOSAL REQUIREMENTS.—
‘‘(1) TAILORING.—To receive a grant under
subsection (a)(1), the proposal submitted to the Sec-
retary shall demonstrate that the counseling on col-
lege opportunities, precollege requirements, the col-
lege admissions procedure, and financial aid oppor-
tunities (including early intervention counseling), is
tailored to a specific geographic, social or cultural
environment.
‘‘(2) COMMUNITY PARTNERSHIPS.—To receive a
grant under subsection (a)(2), the proposal submit-
ted to the Secretary shall demonstrate the active in-
volvement of a local educational agency and at least
one of the following:
‘‘(A) Local businesses.
‘‘(B) Local community colleges or univer-
sities.
‘‘(C) Community or education groups.
‘‘(3) GOALS
AND
OUTCOMES.—To receive a
grant under this section, each proposal shall contain
a statement of specific, measurable goals and meth-
ods for obtaining statistics on the number of partici-
pants who continue on to postsecondary education.
‘‘SEC. 512. DIFFUSION ACTIVITIES.
‘‘(a) COLLECTION OF INFORMATION.—The Secretary
shall collect information concerning—
‘‘(1) programs supported under section 511 and
programs of demonstrated effectiveness which coun-
sel students about college opportunities, precollege
requirements, the college admissions procedure, and
financial aid opportunities;
‘‘(2) early intervention programs of dem-
onstrated effectiveness which set students on the
path toward staying in school and pursuing a post-
secondary education;
‘‘(3) model programs which counsel students in
specific environments, such as urban, rural, and sub-
urban; and
‘‘(4) model programs which develop school/com-
munity partnerships to provide mentoring, tutoring,
work experiences and other services which support
making postsecondary education a realistic goal for
all students.
‘‘(b) DISSEMINATION.—The Secretary shall ensure
that the information collected under subsection (a) is dis-
seminated.
‘‘SEC. 513. AUTHORIZATION OF APPROPRIATIONS.
‘‘There 
are 
authorized 
to 
be 
appropriated
$35,000,000 for fiscal year 1999 and such sums as may
be necessary for each of the 4 succeeding fiscal years to
carry out this part.’’.
SEC. 11. GRADUATE PROGRAMS.
Section 942 is amended by adding at the end the fol-
lowing new subsection:
‘‘(d) FUNDING PRIORITY.—The Secretary shall pro-
vide priority in funding to grant applicants that provide
programs which enroll students who are underrepresented
in graduate and professional programs and that recruit
such students from part B, part C, and part D institutions
under title III of this Act.’’.
SEC. 12. POSTSECONDARY IMPROVEMENT PROGRAMS.
Section 1001 is amended—
(1) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and
(2) by inserting after paragraph (6) the follow-
ing new paragraph:
‘‘(7) developing innovative methods for ensuring
the successful transfer of students from 2-year to 4-
year institutions;’’.
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