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) in-
troduced the following bill; which was referred to the Committee on Edu-
cation 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 jurisdic-
tion of the committee concerned
A BILL
To recruit and retain more qualified individuals to teach
in Tribal Colleges or Universities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LOAN REPAYMENT OR CANCELLATION FOR IN-
DIVIDUALS WHO TEACH IN TRIBAL COL-
LEGES OR UNIVERSITIES.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Tribal College or University Teacher Loan Forgiveness
Act’’.
(b) PERKINS LOANS.—
(1) AMENDMENT.—Section 465(a) of the High-
er Education Act of 1965 (20 U.S.C. 1087ee(a)) is
amended—
(A) in paragraph (2)—
(i) in subparagraph (H), by striking
‘‘or’’ after the semicolon;
(ii) in subparagraph (I), by striking
the period and inserting ‘‘; or’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(J) as a full-time teacher at a tribal College or
University as defined in section 316(b).’’; and
(B) in paragraph (3)(A)(i), by striking ‘‘or
(I)’’ and inserting ‘‘(I), or (J)’’.
(2) EFFECTIVE DATE.—The amendments made
by paragraph (1) shall be effective for service per-
formed during academic year 1998–1999 and suc-
ceeding academic years, notwithstanding any con-
trary provision of the promissory note under which
a loan under part E of title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1087aa et seq.) was
made.
(c) FFEL AND DIRECT LOANS.—Part G of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1088
et seq.) is amended by adding at the end the following:
‘‘SEC. 493C. LOAN REPAYMENT OR CANCELLATION FOR IN-
DIVIDUALS WHO TEACH IN TRIBAL COL-
LEGES OR UNIVERSITIES.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall
carry out a program, through the holder of a loan, of as-
suming or canceling the obligation to repay a qualified
loan amount, in accordance with subsection (b), for any
new borrower on or after the date of enactment of the
Tribal College or University Teacher Loan Forgiveness
Act, who—
‘‘(1) has been employed as a full-time teacher
at a Tribal College or University as defined in sec-
tion 316(b); and
‘‘(2) is not in default on a loan for which the
borrower seeks repayment or cancellation.
‘‘(b) QUALIFIED LOAN AMOUNTS.—
‘‘(1) PERCENTAGES.—Subject to paragraph (2),
the Secretary shall assume or cancel the obligation
to repay under this section—
‘‘(A) 15 percent of the amount of all loans
made, insured, or guaranteed after the date of
enactment of the Tribal College or University
Teacher Loan Forgiveness Act to a student
under part B or D, for the first or second year
of employment described in subsection (a)(1);
‘‘(B) 20 percent of such total amount, for
the third or fourth year of such employment;
and
‘‘(C) 30 percent of such total amount, for
the fifth year of such employment.
‘‘(2) MAXIMUM.—The Secretary shall not repay
or cancel under this section more than $15,000 in
the aggregate of loans made, insured, or guaranteed
under parts B and D for any student.
‘‘(3) TREATMENT OF CONSOLIDATION LOANS.—
A loan amount for a loan made under section 428C
may be a qualified loan amount for the purposes of
this subsection only to the extent that such loan
amount was used to repay a loan made, insured, or
guaranteed under part B or D for a borrower who
meets the requirements of subsection (a), as deter-
mined in accordance with regulations prescribed by
the Secretary.
‘‘(c) REGULATIONS.—The Secretary is authorized to
issue such regulations as may be necessary to carry out
the provisions of this section.
‘‘(d) CONSTRUCTION.—Nothing in this section shall
be construed to authorize any refunding of any repayment
of a loan.
‘‘(e) PREVENTION OF DOUBLE BENEFITS.—No bor-
rower may, for the same 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.).
‘‘(f) DEFINITION.—For purposes of this section, the
term ‘year’, when applied to employment as a teacher,
means an academic year as defined by the Secretary.’’.
SEC. 2. AMOUNTS FORGIVEN NOT TREATED AS GROSS IN-
COME.
The amount of any loan that is assumed or canceled
under an amendment made by this Act shall not, con-
sistent with section 108(f) of the Internal Revenue Code
of 1986, be treated as gross income for Federal income
tax purposes.
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