[Congressional Record Volume 149, Number 26 (Wednesday, February 12, 2003)]
[Senate]
[Page S2362]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DASCHLE (for himself, Mr. Bingaman, Mr. Conrad, Mr. 
        Baucus, Mr. Johnson, and Mr. Kohl):
  S. 378. A bill to recruit and retain more qualified individuals to 
teach in Tribal Colleges or Universities; to the Committee on Indian 
Affairs.
  Mr. DASCHLE. Mr. President, our tribal colleges and universities have 
come to play a critically important role in educating Native Americans 
across the country. For more than 30 years, these institutions have 
proven instrumental in providing a quality education for those who had 
previously been failed by our mainstream educational system. Before the 
tribal college movement began, only six or seven out of 100 Native 
American students attended college. Of those few, only one or two would 
graduate with a degree. Since these institutions have curricula that is 
culturally relevant and is often focused on a tribe's particular 
philosophy, culture, language and economic needs, they have a high 
success rate in educating Native American people.
  I had the honor today of meeting with students, faculty and 
presidents from South Dakota's tribal colleges to talk about the 
educational needs of Native Americans and the role tribal colleges play 
in strengthening tribal communities. It, like so many of the meetings I 
have had with representatives of tribal colleges, was a fascinating 
conversation. I am consistently impressed by the enduring spirit, sense 
of community and hope for a better quality of life that these 
institutions support. After meeting these students and educators, I 
have no doubt that the future of Indian Country is in good hands.
  The results of a tribal college education are impressive. Recent 
studies show that 91 percent of 1998 tribal college and university 
graduates are working or pursuing additional education one year after 
graduating. In addition, the unemployment rate of recently polled 
tribal college graduates was 15 percent, compared to 55 percent on many 
reservations overall.
  While tribal colleges and universities have been highly successful in 
helping Native Americans obtain a higher education, many challenges 
remain to ensure the future success of these institutions. These 
schools rely heavily on Federal resources to provide educational 
opportunities for all students. As a result, I strongly support efforts 
to provide additional funding to these colleges through the Interior, 
Agriculture and Labor, Health and Human Services, and Education 
Appropriations bills.
  In addition to resource constraints, administrators have expressed a 
particular frustration over the difficulty they experience in 
attracting qualified individuals to teach at tribal colleges. 
Geographic isolation and low faculty salaries have made recruitment and 
retention particularly difficult for many of these schools. This 
problem is increasing as enrollment rises.
  That is why I am introducing the Tribal College and University 
Teacher Loan Forgiveness Act. This legislation will provide loan 
forgiveness to individuals who commit to teach for up to five years in 
one of the 34 tribal colleges nationwide. Individuals who have Perkins, 
Direct, or Guaranteed loans may qualify to receive up to $15,000 in 
loan forgiveness. This program will provide these schools extra help in 
attracting qualified teachers, and thus help ensure that deserving 
students receive a high quality education.
  This measure will benefit individual students and their communities. 
By providing greater opportunities for Native American students to 
develop skills and expertise, this bill will spur economic growth and 
help bring prosperity and self-sufficiency to communities that 
desperately need it. Native Americans and the tribal college system 
deserve nothing less. I believe our responsibility was probably best 
summed up by one of my state's greatest leaders, Sitting Bull. He once 
said, ``Let us put our minds together and see what life we can make for 
our children.''
  I am pleased that Senator's Baucus, Bingaman, Conrad, Johnson, and 
Kohl are original cosponsors of this bill, and I look forward to 
working with my colleagues to pass this important legislation.
  I ask unanimous consent that the text of the Tribal College and 
University Teacher Loan Forgiveness Act be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 378

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

     SECTION 1. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO 
                   TEACH IN TRIBAL COLLEGES OR UNIVERSITIES.

       (a) Short Title.--This Act may be cited as the ``Tribal 
     Colleges and Universities Teacher Loan Forgiveness Act''.
       (b) 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 
     1998-1999 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.
       (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 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) Construction.--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. 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 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.
                                 ______