[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 357 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 357

   To expand and enhance postbaccalaureate opportunities at Hispanic-
             serving institutions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2005

Mr. Bingaman (for himself, Mrs. Hutchison, Mr. Nelson of Florida, Mrs. 
  Clinton, and Mr. Martinez) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
   To expand and enhance postbaccalaureate opportunities at Hispanic-
             serving institutions, and for other purposes.

    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 ``Next Generation Hispanic Serving 
Institutions Act''.

    TITLE I--GRADUATE OPPORTUNITIES AT HISPANIC-SERVING INSTITUTIONS

SEC. 101. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC AMERICANS.

    (a) Establishment of Program.--Title V of the Higher Education Act 
of 1965 (20 U.S.C. 1101 et seq.) is amended--
            (1) by redesignating part B as part C;
            (2) by redesignating sections 511 through 518 as sections 
        521 through 528, respectively; and
            (3) by inserting after section 505 the following:

   ``PART B--PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 
                               AMERICANS

``SEC. 511. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds the following:
            ``(1) According to the United States Census, by the year 
        2050, 1 in 4 Americans will be of Hispanic origin.
            ``(2) Despite the dramatic increase in the Hispanic 
        population in the United States, the National Center for 
        Education Statistics reported that in 1999, Hispanics accounted 
        for only 4 percent of the master's degrees, 3 percent of the 
        doctor's degrees, and 5 percent of first-professional degrees 
        awarded in the United States.
            ``(3) Although Hispanics constitute 10 percent of the 
        college enrollment in the United States, they comprise only 3 
        percent of instructional faculty in college and universities.
            ``(4) The future capacity for research and advanced study 
        in the United States will require increasing the number of 
        Hispanics pursuing postbaccalaureate studies.
            ``(5) Hispanic-serving institutions are leading the Nation 
        in increasing the number of Hispanics attaining graduate and 
        professional degrees.
            ``(6) Among Hispanics who received master's degrees in 
        1999-2000, 25 percent earned them at Hispanic-serving 
        institutions.
            ``(7) Between 1991 and 2000, the number of Hispanic 
        students earning master's degrees at Hispanic-serving 
        institutions grew 136 percent, the number receiving doctor's 
        degrees grew by 85 percent, and the number earning first-
        professional degrees grew by 47 percent.
            ``(8) It is in the national interest to expand the capacity 
        of Hispanic-serving institutions to offer graduate and 
        professional degree programs.
            ``(9) Research is a key element in graduate education and 
        undergraduate preparation, particularly in science and 
        technology, and Congress desires to strengthen the role of 
        research at Hispanic-serving institutions. University research, 
        whether performed directly or through a university's nonprofit 
        research institute or foundation, is considered an integral 
        part of the institution and mission of the university.
    ``(b) Purposes.--The purposes of this part are--
            ``(1) to expand postbaccalaureate educational opportunities 
        for, and improve the academic attainment of, Hispanic students; 
        and
            ``(2) to expand and enhance the postbaccalaureate academic 
        offerings of high quality that are educating the majority of 
        Hispanic college students and helping large numbers of Hispanic 
        students and low-income individuals complete postsecondary 
        degrees.

``SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY.

    ``(a) Program Authorized.--Subject to the availability of funds 
appropriated to carry out this part, the Secretary shall award 
competitive grants to eligible institutions.
    ``(b) Eligibility.--For the purposes of this part, an `eligible 
institution' means an institution of higher education that--
            ``(1) is a Hispanic-serving institution (as defined under 
        section 502); and
            ``(2) offers a postbaccalaureate certificate or degree 
        granting program.

``SEC. 513. AUTHORIZED ACTIVITIES.

    ``Grants awarded under this part shall be used for 1 or more of the 
following activities:
            ``(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) Purchase of library books, periodicals, technical and 
        other scientific journals, microfilm, microfiche, and other 
        educational materials, including telecommunications program 
        materials.
            ``(4) Support for needy postbaccalaureate students 
        including outreach, academic support services, mentoring, 
        scholarships, fellowships, and other financial assistance to 
        permit the enrollment of such students in postbaccalaureate 
        certificate and degree granting programs.
            ``(5) Support of faculty exchanges, faculty development, 
        faculty research, curriculum development, and academic 
        instruction.
            ``(6) Creating or improving facilities for Internet or 
        other distance learning academic instruction capabilities, 
        including purchase or rental of telecommunications technology 
        equipment or services.
            ``(7) Collaboration with other institutions of higher 
        education to expand postbaccalaureate certificate and degree 
        offerings.
            ``(8) Other activities proposed in the application 
        submitted pursuant to section 514 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. 514. APPLICATION AND DURATION.

    ``(a) Application.--Any eligible institution may apply for a grant 
under this part by submitting an application to the Secretary at such 
time and in such manner as determined by the Secretary. Such 
application shall demonstrate how the grant funds will be used to 
improve postbaccalaureate education opportunities for Hispanic and low-
income students and will lead to such students' greater financial 
independence.
    ``(b) Duration.--Grants under this part shall be awarded for a 
period not to exceed 5 years.
    ``(c) Limitation.--The Secretary may not award more than 1 grant 
under this part in any fiscal year to any Hispanic-serving 
institution.''.
    (b) Cooperative Arrangements.--Section 524(a) of the Higher 
Education Act of 1965 (as redesignated by subsection (a)(2)) is amended 
by inserting ``and section 513'' after ``section 503''.
    (c) Authorization of Appropriations.--Section 528(a) of the Higher 
Education Act of 1965 (as redesignated by subsection (a)(2)) is amended 
to read as follows:
    ``(a) Authorizations.--
            ``(1) Part a.--There are authorized to be appropriated to 
        carry out part A of this title $175,000,000 for fiscal year 
        2006 and such sums as may be necessary for each of the 4 
        succeeding fiscal years.
            ``(2) Part b.--There are authorized to be appropriated to 
        carry out part B of this title $125,000,000 for fiscal year 
        2006 and such sums as may be necessary for each of the 4 
        succeeding fiscal years.''.
    (d) Conforming Amendments.--Title V of the Higher Education Act of 
1965 (20 U.S.C. 1101 et seq.) is amended--
            (1) in section 502--
                    (A) in subsection (a)(2)(A)(ii), by striking 
                ``section 512(b)'' and inserting ``section 522(b)''; 
                and
                    (B) in subsection (b)(2), by striking ``section 
                512(a)'' and inserting ``section 522(a)'';
            (2) in section 521(c)(6) (as redesignated by subsection 
        (a)(2)), by striking ``section 516'' and inserting ``section 
        526''; and
            (3) in section 526 (as redesignated by subsection (a)(2)), 
        by striking ``section 518'' and inserting ``section 528''.

      TITLE II--REDUCING REGULATORY BARRIERS FOR HISPANIC-SERVING 
                              INSTITUTIONS

SEC. 201. DEFINITIONS.

    Section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 
1101a(a)) is amended--
            (1) in paragraph (5)--
                    (A) in subparagraph (A), by inserting ``and'' after 
                the semicolon;
                    (B) in subparagraph (B), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (C); and
            (2) by striking paragraph (7).

SEC. 202. AUTHORIZED ACTIVITIES.

    Section 503(b)(7) of the Higher Education Act of 1965 (20 U.S.C. 
1101b(b)(7)) is amended to read as follows:
            ``(7) Articulation agreements and student support programs 
        designed to facilitate the transfer from 2-year to 4-year 
        institutions.''.

SEC. 203. ELIMINATION OF WAIT-OUT PERIOD.

    Section 504(a) of the Higher Education Act of 1965 (20 U.S.C. 
1101c(a)) is amended to read as follows:
    ``(a) Award Period.--The Secretary may award a grant to a Hispanic-
serving institution under this title for 5 years.''.

SEC. 204. APPLICATION PRIORITY.

    Section 521(d) of the Higher Education Act of 1965 (as redesignated 
by section 101(a)(2)) is amended by striking ``(from funds other than 
funds provided under this title)''.
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