[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 731 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 731

  To recruit and retain more qualified individuals to teach in Tribal 
                       Colleges or Universities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 6, 2005

Mr. Conrad (for himself, Mr. Burns, Mr. Johnson, Mr. Dorgan, Mr. Kohl, 
  Mr. Domenici, Mr. Bingaman, and Mr. Thune) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Colleges and Universities 
Teacher Loan Forgiveness Act''.

SEC. 2. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN 
              TRIBAL COLLEGES OR UNIVERSITIES.

    (a) Perkins Loans.--
            (1) Amendment.--Section 465(a) of the Higher 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 following:
            ``(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 performed during academic year 
        2003-2004 and succeeding academic years, notwithstanding any 
        contrary provision of the promissory note under which a loan 
        under part E of title IV of the Higher Education Act of 1965 
        (20 U.S.C. 1087aa et seq.) was made.
    (b) 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 INDIVIDUALS WHO TEACH 
              IN TRIBAL COLLEGES OR UNIVERSITIES.

    ``(a) Program Authorized.--The Secretary shall carry out a program, 
through the holder of a loan, of assuming 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 
Colleges and Universities Teacher Loan Forgiveness Act, who--
            ``(1) has been employed as a full-time teacher at a Tribal 
        College or University as defined in section 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 Colleges and Universities 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 determined 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) Effect on Section.--Nothing in this section shall be 
construed to authorize any refunding of any repayment of a loan.
    ``(e) Prevention of Double Benefits.--No borrower 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. 
12601 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. 3. LOAN REPAYMENT FOR NURSING INSTRUCTORS AT TRIBAL COLLEGES OR 
              UNIVERSITIES.

    Section 846(a)(3) of the Public Health Service Act (42 U.S.C. 
297n(a)(3)) is amended--
            (1) by striking ``(3)'' and inserting ``(3)(A)'';
            (2) by inserting ``or'' after the semicolon; and
            (3) by adding at the end the following:
            ``(B) who is a nursing instructor at a tribally controlled 
        college or university (as such term is defined in section 2 of 
        the Tribally Controlled College or University Assistance Act of 
        1978 (25 U.S.C. 1801), or any institution listed in section 532 
        of the Equity in Educational Land-Grant Status Act of 1994 (7 
        U.S.C. 301 note));''.

SEC. 4. AMOUNTS FORGIVEN NOT TREATED AS GROSS INCOME.

    The amount of any loan that is assumed or canceled under an 
amendment made by this Act shall not, consistent with section 108(f) of 
the Internal Revenue Code of 1986, be treated as gross income for 
Federal income tax purposes.
                                 <all>