[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2160 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2160

   To amend the Higher Education Act of 1965 to authorize grants for 
 institutions of higher education serving Asian Americans and Pacific 
                               Islanders.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2005

 Mrs. Boxer (for herself and Mr. Akaka) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Higher Education Act of 1965 to authorize grants for 
 institutions of higher education serving Asian Americans and Pacific 
                               Islanders.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Asian Americans and Pacific 
Islanders Higher Education Enhancement Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The population of Asian American and Pacific Islanders 
        (referred to in this section as ``AAPI'') is an exceptionally 
        diverse population. Characteristics of the AAPI population vary 
        according to ethnicity, immigration patterns, historical 
        experiences, and social group issues.
            (2) The diversity of the AAPI population includes 
        indigenous Pacific Islanders, well-established populations 
        represented in the United States for several generations, and 
        ethnic groups who may be recent immigrants or refugees, and 
        were forced to leave their home countries.
            (3) The diversity of the population is reflected in the 
        Federal government's categories for Asian Americans and Pacific 
        Islanders. There are 17 ethnic groups considered to be Asian 
        and 4 ethnic groups considered to be Pacific Islander. Neither 
        definition reflects AAPI individuals who may identify 
        themselves as ``more than one race''.
            (4) The distinct cultural, linguistic, socioeconomic, and 
        historical experiences that affect educational attainment of 
        different AAPI sub-populations are often overlooked because 
        programs and policies are based on aggregated data and the 
        assumption that AAPIs are a monolithic group. The ``model 
        minority myth'' assumption adversely effects AAPI youth, who 
        are perceived as being academically successful and not in need 
        of outreach, academic support systems, or other support 
        services.
            (5) The ``model minority myth'' and lack of disaggregated 
        data may prevent student services offices from conducting 
        intentional outreach efforts, such as through Federal TRIO 
        programs including Upward Bound and Talent Search, to AAPI 
        students, because they are perceived to not be in need of 
        support.
            (6) Additionally, disaggregated data indicates that 25.0 
        percent of Vietnamese Americans, 63.6 percent of Hmong 
        Americans, 42.6 percent of Cambodian Americans, 34.7 percent of 
        Laotian Americans, and 17.7 percent of Pacific Islanders live 
        in poverty. Such socioeconomic disparities within the community 
        are often overlooked, as only 12.6 percent of the total AAPI 
        population lives in poverty.
            (7) While Asian Americans and Pacific Islanders overall 
        have the highest college graduation rates of any group (44 
        percent in 2000), certain subgroups have much lower rates of 
        degree attainment. Only 13.8 percent of Vietnamese Americans, 
        5.8 percent of Laotian Americans, 6.1 percent of Cambodian 
        Americans, and less than 5.1 percent of Hmong Americans had 
        college degrees. Only 13.8 percent of Pacific Islanders had 
        college degrees.
            (8) Certain segments of the AAPI population face numerous 
        barriers to accessing higher education and would benefit from 
        grants and opportunities similar to those provided by other 
        minority serving institutions. The designation of AAPI-serving 
        institutions would help institutions of higher education expand 
        their capacity to identify and assist underserved AAPI 
        students.

SEC. 3. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING 
              INSTITUTIONS.

    (a) Amendment.--Part A of title III of the Higher Education Act of 
1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the 
following:

``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING INSTITUTIONS.

    ``(a) Program Authorized.--The Secretary shall provide grants and 
related assistance to Asian American and Pacific Islander-serving 
institutions to enable such institutions to improve and expand their 
capacity to serve Asian Americans and Pacific Islanders.
    ``(b) Definitions.--For the purpose of this section--
            ``(1) the term `Asian American' has the meaning given the 
        term `Asian' in the Office of Management and Budget's Standards 
        for Maintaining, Collecting, and Presenting Federal Data on 
        Race and Ethnicity, as published in the Federal Register on 
        Thursday, October 30, 1997 (62 FR 58789);
            ``(2) the term `Pacific Islander' has the meaning given the 
        term `Native Hawaiian or other Pacific Islander' in such 
        Standards;
            ``(3) the term `Asian American and Pacific Islander-serving 
        institution' means an institution of higher education that--
                    ``(A) is an eligible institution under section 
                312(b); and
                    ``(B) at the time of application, has an enrollment 
                of undergraduate students that is at least 10 percent 
                Asian American and Pacific Islander students; and
            ``(4) 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.
    ``(c) Authorized Activities.--
            ``(1) Types of activities authorized.--Grants awarded under 
        this section shall be used by Asian American and Pacific 
        Islander-serving institutions to assist such institutions to 
        plan, develop, undertake, and carry out activities to improve 
        and expand such institutions' capacity to serve Asian Americans 
        and Pacific Islanders.
            ``(2) Examples of authorized activities.--Such activities 
        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 the faculty's 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;
                    ``(H) academic tutoring and counseling programs and 
                student support services;
                    ``(I) establishing community outreach programs that 
                will encourage elementary school and secondary school 
                students to develop the academic skills and the 
                interest to pursue post-secondary education;
                    ``(J) establishing or improving an endowment fund;
                    ``(K) academic instruction in disciplines in which 
                Asian Americans and Pacific Islanders are under-
                represented;
                    ``(L) conducting research and data collection for 
                Asian American and Pacific Islander populations and 
                sub-populations; and
                    ``(M) establishing partnerships with community 
                based organizations serving Asian Americans and Pacific 
                Islanders.
    ``(d) Application Process.--
            ``(1) Institutional eligibility.--Each Asian American and 
        Pacific Islander-serving institution desiring to receive 
        assistance under this section shall submit to the Secretary 
        such enrollment data as may be necessary to demonstrate that 
        the institution is an Asian American and Pacific Islander-
        serving institution as defined in subsection (b), along with 
        such other information and data as the Secretary may by 
        regulation require.
            ``(2) Applications.--Any institution which is determined by 
        the Secretary to be an Asian American and Pacific Islander-
        serving institution may submit an application for assistance 
        under this section to the Secretary. Such application shall 
        include--
                    ``(A) a 5-year plan for improving the assistance 
                provided by the Asian American and Pacific Islander-
                serving institution to Asian American and Pacific 
                Islander students; and
                    ``(B) such other information and assurances as the 
                Secretary may require.
            ``(3) Special rules.--
                    ``(A) Eligibility.--No Asian American and Pacific 
                Islander-serving institution that receives funds under 
                this section shall concurrently receive funds under 
                other provisions of this part or part B.
                    ``(B) Exemption.--Section 313(d) shall not apply to 
                institutions that are eligible to receive funds under 
                this section.
                    ``(C) Distribution.--In awarding grants under this 
                section, the Secretary shall--
                            ``(i) to the extent possible and consistent 
                        with the competitive process under which such 
                        grants are awarded, ensure maximum and 
                        equitable distribution among all eligible 
                        institutions; and
                            ``(ii) give priority consideration to 
                        institutions that serve a significant 
                        percentage of Asian American and Pacific 
                        Islander students who are low-income 
                        individuals.''.
    (b) Authorization of Appropriations.--Section 399(a)(1) of the 
Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended by 
adding at the end the following:
                    ``(D) There are authorized to be appropriated to 
                carry out section 318, $30,000,000 for fiscal year 2006 
                and such sums as may be necessary for each of the 4 
                succeeding fiscal years.''.
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