[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2495 Introduced in House (IH)]







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 
        populations underrepresented in postsecondary education.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 1997

    Mr. Hinojosa (for himself, Mr. Becerra, Mr. Romero-Barcelo, Ms. 
  Sanchez, Ms. Velazquez, 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. Dellums) 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 students and other student 
        populations underrepresented in postsecondary education.

    Be it enacted by the Senate and House of Representatives 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 redesignated) to read as 
        follows:

                ``Part C--Hispanic-Serving Institutions

``SEC. 331. FINDINGS.

    ``The Congress hereby finds and declares the following:
            ``(1) The disparity in educational opportunity between 
        Hispanics and other Americans has become increasingly apparent. 
        Hispanic student participation in higher education has remained 
        basically stagnant with only 8 percent of Hispanic students 
        attending higher education, and with Hispanic students 
        experiencing a high school drop out rate in excess 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 underrepresentation of 
        Hispanics in postsecondary education have been woefully 
        inadequate. All too often, responses that could be found were 
        targeted too broadly, constructed too narrowly, or underfunded. 
        With the single exception of the Pell Grant program, Federal 
        higher education programs severely underserve Hispanics.
            ``(3) Hispanic-serving institutions of higher education 
        have contributed significantly to providing equal educational 
        opportunities for Hispanic students, particularly students from 
        low-income and educationally disadvantaged families. Hispanic-
        serving institutions serve a unique function within the 
        Nation's higher education community. While constituting only 3 
        percent of the Nation's higher education institutions, they 
        served more than half of all Hispanic students enrolled in 
        postsecondary education.
            ``(4) Hispanic-serving institutions shoulder the burden of 
        providing high-quality educational opportunities for the 
        fastest growing segment of the Nation's population. This 
        population has the Nation's highest secondary school drop out 
        rate and an exceedingly 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 
        education. 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 
        institutions 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 institutions 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 purposes, 
                including instructional and research purposes;
                    ``(B) renovation and improvement in classroom, 
                library, laboratory, and other instructional 
                facilities;
                    ``(C) support of faculty exchanges, and faculty 
                development and faculty fellowships to assist in 
                attaining advanced degrees in their field of 
                instruction;
                    ``(D) curriculum development and academic 
                instruction;
                    ``(E) purchase of library books, periodicals, 
                microfilm, and other educational materials;
                    ``(F) funds and administrative management, and 
                acquisition of equipment for use in strengthening funds 
                management;
                    ``(G) joint use of facilities such as laboratories 
                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 institutions with graduate and 
professional programs to enable such institutions to improve and expand 
graduate and professional 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 institutions--
            ``(1) to recruit Hispanic students and other students 
        underrepresented in graduate education to enroll 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 counselling 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 expanding 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 determined by the 
Secretary to be a Hispanic-serving institution (on the basis of the 
information and data submitted under subsection (a)) may submit an 
application for assistance 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 Hispanic 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 assistance under 
section 332, the Secretary shall give priority to applications that 
contain satisfactory evidence that such institution has entered into or 
will enter into a collaborative 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 academic achievement, and increasing 
the rates at which Hispanic 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 concurrently 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 institution of higher education 
        which--
                    ``(A) is an eligible institution under section 
                312(b);
                    ``(B) at the time of application, has an enrollment 
                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-income 
                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 poverty established by the Bureau of the Census.''.
    (b) Authorization of Appropriations.--Section 370(a) (as 
redesignated by subsection (a)(3) of this section) 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 paragraph (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 following:
            ``(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 succeeding 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 UNIVERSITIES.

    (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 Colleges were 
        established by their constituent tribal governments in the late 
        1960's and early 1970's to bring higher education opportunities 
        to American Indians 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 Universities exist 
        on Indian lands throughout the United States, serving more than 
        25,000 students.
            ``(3) In addition to providing academic, vocational, and 
        technical programs similar to those at mainstream institutions, 
        Tribal Colleges and Universities 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 Colleges and Universities 
        remain the most poorly funded institutions of higher education 
        in this country, with their core funding, which is authorized 
        under the Tribally Controlled Community Colleges Assistance Act 
        of 1978, remaining significantly below the authorized levels.
            ``(5) Because Tribal Colleges and Universities are located 
        primarily in isolated communities on remote 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 relationship of the Federal 
        Government to American Indians 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 institutions, and 
        have Federal resources committed to them on a continuing basis.
            ``(8) Financial assistance to establish or strengthen the 
        physical plants, financial management, 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 community, including any 
        Alaskan Native village or regional or village corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act, which is recognized as eligible for the special 
        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 eligibility 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 applicable; and
            ``(5) the term `part D institution' means any institution 
        which receives assistance under this part.

``SEC. 353. GRANTS TO INSTITUTIONS; GENERAL AUTHORIZATION; 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 
following uses:
            ``(1) Purchase, rental, or lease of scientific or 
        laboratory equipment for educational purposes, including 
        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 equipment or services.
            ``(3) Support of faculty exchanges, faculty development, 
        and faculty fellowships to assist in attaining 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 telecommunications program 
        material.
            ``(6) Tutoring, counseling, and student service programs 
        designed to improve academic success.
            ``(7) Funds management, administrative management, 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 programs which will 
        encourage American Indian elementary and secondary students to 
        develop the academic skills and the interest to pursue 
        postsecondary education.
            ``(12) Other activities proposed in the application 
        submitted pursuant to section 354 that--
                    ``(A) contribute to carrying out the purposes of 
                this part; and
                    ``(B) are approved by the Secretary as part of the 
                review and acceptance of such application.

``SEC. 354. ELIGIBILITY AND APPLICATIONS.

    ``(a) Eligibility.--To be eligible to receive assistance under this 
part, an institution must meet the following 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 institution's successor 
                entity;
                    ``(D) receives assistance under part I, title XV of 
                this Act (American Indian, Alaska Native, and Native 
                Hawaiian Culture and Arts Development Act); or
                    ``(E) receives funding under the Educational 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 offered, or is, according to such an agency 
        or association, making reasonable progress toward 
        accreditation.
    ``(b) Application.--Any institution desiring to receive assistance 
under this part shall submit an application 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 Indian 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 information 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 receive funds under part A.''.
    (b) Conforming Amendments.--Part F (as redesignated 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 inserting ``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 appropriated to 
        carry out part D, $50,000,000 for fiscal 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 redesignated by 
        paragraph (1) of this section) the following new subparagraph:
                    ``(B) Additional considerations.--In making grants 
                and contracts under this chapter, the Secretary shall 
                consider (i) the degree to which the applicant will 
                serve student populations 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 consideration given to the factors 
                described in this subparagraph shall be equal to the 
                level of consideration given for prior experience under 
                subparagraph (A).''; and
            (3) in paragraph (2), by inserting ``and other additional 
        considerations'' after ``prior experience''.

SEC. 5. REVISION OF CAMPUS-BASED PROGRAMS ALLOCATION 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 following 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 excess eligible amount (as 
determined under subsection (c)(2)) an amount which bears the same 
ratio to such additional appropriation as such excess eligible amount 
bears to the sum of the excess eligible amounts of all such eligible 
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 following 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 excess eligible amount (as 
determined under subsection (c)(2)) an amount which bears the same 
ratio to such additional appropriation as such excess eligible amount 
bears to the sum of the excess eligible amounts of all such eligible 
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 following 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 excess eligible amount (as 
determined under subsection (c)(2)) an amount which bears the same 
ratio to such additional appropriation as such excess eligible amount 
bears to the sum of the excess eligible amounts of all such eligible 
institutions (having such excess eligible amounts).''.

SEC. 6. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN 
              MIGRANT AND SEASONAL 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 redesignated) 
        the following:
    ``(a) Findings.--The Congress finds as follows:
            ``(1) Migrant workers are the most disadvantaged economic 
        subgroup in the Nation.
            ``(2) Migrant workers are also the most educationally 
        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 postsecondary education.
            ``(5) Successful participation by migrant students 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 of 
        those students continuing on to postsecondary education.
            ``(7) The college assistance migrant program under this 
        section has successfully aided 96 percent of its migrant 
        students in completing their first year of undergraduate 
        education, with 73 percent of the students participating in the 
        program going on to receive a baccalaureate degree.
            ``(8) Prior to the creation of the high school equivalency 
        program and the college assistance migrant program, there is no 
        record of a single son or daughter of a migrant family having 
        completed college. With the programs, hundreds of students 
        receive baccalaureate degrees annually.
            ``(9) The high school equivalency program and the college 
        assistance migrant program are model programs for reversing 
        dropout statistics and promoting successful participation in 
        higher education by migrant students.
            ``(10) The high school equivalency program and the college 
        assistance migrant program should be expanded to reach more 
        students and should be considered as potential models for the 
        development of other programs to serve disadvantaged 
        populations with high dropout rates and low college attendance 
        rates. Limited funding for the programs allows them to serve 
        fewer than one in ten of the students eligible to benefit from 
        the programs.''.
    (b) Consideration of Prior Experience; Coordination of Services.--
Section 418A is amended--
            (1) in subsection (f) (as so redesignated by subsection 
        (a)), by striking ``Period; Consideration of Prior 
        Experience.--'' and inserting ``Period.--'';
            (2) by inserting after such subsection the following:
    ``(g) Considerations.--
            ``(1) Prior experience.--'';
            (3) by transferring and inserting the last 2 sentences of 
        such subsection (f) after the paragraph heading for subsection 
        (g)(1); and
            (4) by adding at the end of subsection (g) the following:
            ``(2) Coordination of Services.--For the purpose of making 
        grants under this subpart, the Secretary shall consider the 
        degree to which the applicant demonstrates that the applicant 
        will coordinate its project with other local, State, and 
        Federal programs that provide health and education services for 
        migrant students.''.
    (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 migrant 
                students; and
                    ``(B) the health and education needs of such 
                students.
            ``(2) National center for education statistics.--The 
        Assistant Secretary for Educational Research and Improvement 
        appointed under section 202(b) of the Department of Education 
        Organization 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 Secretary 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 
                        inserting ``$30,000,000''; and
                            (ii) by striking ``1993'' and inserting 
                        ``1999'';
                    (B) in paragraph (2)--
                            (i) by striking ``$5,000,000'' and 
                        inserting ``$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 succeeding 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 
        subsection, 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 demonstrate, 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 institution 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 completed academic year preceding the 
        fiscal year for which funds are made available to the 
        institution under such paragraph--
                    ``(A) qualified as a Hispanic-serving institution 
                (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 migrant 
                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 inserting ``themselves, or 
                whose spouse or parent, have''; and
            (B) in subparagraph (E), by inserting ``internships,'' 
        after ``academic programs,''.

SEC. 7. AMENDMENT TO DEFAULT RATE LIMITATION PROVISIONS.

    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 amended--
            (1) in the section heading, by striking out the period at 
        the end thereof and inserting in lieu thereof 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 
        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 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;
            ``(C) as a full-time special education teacher, including 
        teachers of infants, toddlers, children, 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 
        public or other nonprofit program under public supervision by 
        the lead agency as authorized in section 676(b)(9) of the 
        Individuals With Disabilities 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, United States Code, as an area of hostilities;
            ``(E) as a volunteer under the Peace Corps Act or a 
        volunteer under the Domestic Volunteer 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 agencies;
            ``(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 shortage of qualified teachers;
            ``(H) as a full-time nurse or medical technician 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 `children with 
disabilities' has the meaning set forth in section 602(a)(1) of the 
Individuals with Disabilities Education Act.
    ``(3)(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 subparagraph (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 exceed a total of 50 percent of 
        such loan at the rate of 12\1/2\ 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 discharged under subparagraph (A) 
for any year, the entire amount of interest on that loan that accrues 
for that year shall also be discharged by the Secretary.
    ``(C) Nothing in this section shall be construed to authorize 
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 considered income for 
purposes of the Internal Revenue Code of 1986.
    ``(5) No borrower may, for the same volunteer service, receive a 
benefit under both this subsection and subtitle 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 discharged under this subsection.
    ``(7) If the list of schools in which a teacher may perform 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 determination 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 requirements 
        of such subsection,
may continue to teach in such school and shall be eligible for loan 
cancellation pursuant to paragraph (1) with respect 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 following 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 assistance 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 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;
                    ``(C) as a full-time special education teacher, 
                including teachers of infants, toddlers, children, 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 public or other nonprofit 
                program under public supervision by the lead agency as 
                authorized in section 676(b)(9) of the Individuals With 
                Disabilities 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, United States Code, as 
                an area of hostilities;
                    ``(E) as a volunteer under the Peace Corps Act or a 
                volunteer under the Domestic Volunteer 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 agencies;
                    ``(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 shortage of qualified 
                teachers;
                    ``(H) as a full-time nurse or medical technician 
                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 ``children 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 
                subparagraph (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 exceed a 
                total of 50 percent of such loan at the rate of 12\1/2\ 
                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 interest 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 section, 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 EXCELLENCE.

    (a) Programs for Teaching Excellence.--The Act is amended by 
striking title V and inserting the following:

       ``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 consortia of institutions of 
higher education and local educational agencies to reform teacher 
education and professional 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 consortia of an institution of 
higher education and a local educational agency (as defined in section 
14101 of the Elementary 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 achievement for all students.
    ``(d) Applications.--An institution or consortium that desires to 
receive a grant under this section shall submit an application to the 
Secretary at such time and in such manner as the Secretary shall 
specify.
    ``(e) Priority.--In awarding grants under this section, 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 follows:

              ``PART B--PROGRAMS FOR COUNSELING EXCELLENCE

``SEC. 511. AIM HIGH GRANTS.

    ``(a) Program Authority.--From amounts appropriated 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 advanced 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 
        support services that are specially designed or customized 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 education a realistic goal for all students; or
            ``(3) to provide in-service training to equip guidance 
        counselors to prepare them for new educational reform 
        indicators, such as testing, high standards curricula, changing 
        high school and college entrance requirements, and improved 
        information about college opportunities.
    ``(b) Priorities in Selection.--The Secretary shall give priority 
to those model programs which are directed 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 students from rural or urban 
environments.
    ``(c) Proposal Requirements.--
            ``(1) Tailoring.--To receive a grant under subsection 
        (a)(1), the proposal submitted to the Secretary shall 
        demonstrate that the counseling on college opportunities, 
        precollege requirements, the college admissions procedure, and 
        financial aid opportunities (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 submitted to the Secretary 
        shall demonstrate the active involvement of a local educational 
        agency and at least one of the following:
                    ``(A) Local businesses.
                    ``(B) Local community colleges or universities.
                    ``(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 methods for obtaining statistics on the 
        number of participants 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 counsel students about college 
        opportunities, precollege requirements, the college admissions 
        procedure, and financial aid opportunities;
            ``(2) early intervention programs of demonstrated 
        effectiveness which set students on the path toward staying in 
        school and pursuing a postsecondary education;
            ``(3) model programs which counsel students in specific 
        environments, such as urban, rural, and suburban; and
            ``(4) model programs which develop school/community 
        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 disseminated.

``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 following new 
subsection:
    ``(d) Funding Priority.--The Secretary shall provide 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 following new 
        paragraph:
            ``(7) developing innovative methods for ensuring the 
        successful transfer of students from 2-year to 4-year 
        institutions;''.
                                 <all>