[Congressional Record Volume 151, Number 102 (Monday, July 25, 2005)]
[Senate]
[Pages S8828-S8829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 1478. A bill to amend the Higher Education Act of 1965 regarding 
the definition of a high need local educational agency, the definition 
of a Hispanic-serving institution, and the 2-year wait out period for 
certain grant recipients; to the Committee on Health, Education, Labor, 
and Pensions.
  Mr. DOMENICI. Mr. President, the Higher Education Act of 1965 was 
signed into law for the purpose of increasing access to higher 
education for all citizens of the United States and to strengthen the 
capacity of higher education institutions to better serve their 
communities. The reauthorization of the Higher Education Act during the 
109th Congress presents a powerful opportunity for the Nation to 
address the higher education needs of our constituencies and it is for 
this reason that I rise today to introduce the Improving Educational 
Opportunities for All Act. This bill will make changes to definitions 
located within title II, teacher quality enhancement grants, and title 
V, the development institutions sections of the Higher Education Act.

[[Page S8829]]

  When the Higher Education Act was reauthorized in 1998, Congress 
responded to the Nation's critical need for high-quality teachers by 
creating grants to help States invest in the recruitment, preparation, 
licensing, and support of teachers. Title II of the Higher Education 
Act, the teacher quality enhancement grants initiative, encourages 
States to improve the quality of their teaching force through such 
reforms as strengthening teacher certification standards; holding 
institutions of higher education accountable for preparing teachers 
with strong teaching skills and knowledge of their content areas; and 
reducing shortages of qualified teachers in high-need areas. I believe 
that these grants have been very effective in meeting their goals, but 
I also want to make sure that this money is targeted to our highest 
need local education agencies.
  The changes I am proposing to title II of the Higher Education Act 
will enhance the definition of high need local education agencies to 
include local education agencies that have a high percentage of 
students who are minority or of limited English proficiency, residing 
in rural areas as defined by the Bureau of Census, or have high 
percentages of Naive American students.
  Nationwide, studies show the most disadvantaged children are the ones 
most likely to be taught by the newest, least-qualified and lowest-
scoring teachers. We need to attract good teachers who are committed to 
their profession, and reward teachers who are qualified and want to 
teach in areas of most critical need. We need teachers to be well-
prepared to teach all students to the highest standards and I hope that 
the changes I am proposing will help States develop and implement 
programs to meet these needs. 
  Another positive addition to the Higher Education Act, has been the 
creation of title V grants to developing institutions. Title V of the 
Higher Education Act is the primary vehicle used to target urgently 
needed funds to Hispanic serving institutions, HSIs. HSI's use grants 
under this section to strengthen academic quality, improve 
institutional management, and increase financial stability. These 
grants are essential to institutions that provide and increase the 
number of educational opportunities available to Hispanic students.
  Under current guidelines, in order to qualify for a grant under title 
V, an institution must, have at least 25 percent full time, Hispanic 
undergraduate student enrollment, and not less than 50 percent of its 
Hispanic student population must be low income. Title V grants are 
awarded for 5 years, with a minimum 2-year wait out period after the 
termination of a grant period before eligibility to apply for another 
grant.
  The first change I am proposing is a change to title V's current ``50 
percent'' low-income assurance requirement. I believe that this 
requirement is an unnecessary bureaucratic regulation that constrains 
Hispanic serving institutions abilities to implement programs designed 
to provide long range solutions to Hispanic higher education 
challenges. Currently, there are no Government authorized means to 
collect student financial data, and, although some information  can be 
extrapolated from student financial aid forms, it is not enough 
information to complete the title V forms.
  The bill I am introducing today will improve the HSI eligibility 
requirements by allowing applicants for title V funding to satisfy the 
50 percent low-income Hispanic student population criterion with 
appropriate evidence of student eligibility for title IV, need-based, 
aid. The revised title V section will retain the requirement that to be 
eligible for title V funds, an institution must have an enrollment of 
needy students. However, rather than conditioning grant qualification 
upon the cumbersome requirement that institutions prove 50 percent of 
their Hispanic students are low income, it will allow institutions to 
qualify for title V money if 50 percent of the students are receiving 
need-based assistance under title IV or a substantial percentage of the 
students are receiving Pell grants.
  Another unnecessary regulation under title V is the minimum 2-year 
wait out period after the termination of a grant period before 
eligibility to apply for another grant. Title V's 2-year  wait out 
period impedes Hispanic Serving Institutions efforts to implement 
continuing programs with long range solutions to Hispanic higher 
education challenges. Eliminating the 2-year wait out period will be of 
great importance to equipping our Nation's Hispanic serving 
institutions with the continuous funding that they need to best answer 
complex challenges. In 2000, Congress eliminated the wait out period 
for tribally controlled colleges and universities, Alaskan Native and 
Native Hawaiian-serving institutions. Historically Black colleges and 
universities also do not have a wait out period. It is now time for us 
to eliminate the wait out period for Hispanic serving institutions.
  Hispanic serving institutions provide the quality education essential 
to full participation in today's society. Many students in my home 
State of New Mexico have benefited from the academic excellence that 
Hispanic serving institutions seek to provide. Title V grants are 
intended to provide assistance to these less advantaged, developing 
institutions. However, by convoluting the application process, Congress 
is preventing these institutions from applying for grants and 
obstructing their development.
  I know that the chairman and ranking member of the Health, Education, 
Labor and Pensions committee have been working very hard on the 
reauthorization of the Higher Education Act. I appreciate their 
efforts, and hope they will consider making the changes I am 
recommending.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1478

       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 ``Improving Educational 
     Opportunities for All Act''.

     SEC. 2. HIGH NEED LOCAL EDUCATIONAL AGENCY.

       Section 201(b)(2) of the Higher Education Act of 1965 (20 
     U.S.C. 1021(b)(2)) is amended--
       (1) in subparagraph (B), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (C), by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(D) a high percentage of students who are--
       ``(i) minority students; or
       ``(ii) of limited English proficiency;
       ``(E) a rural population, as defined by the Bureau of the 
     Census; or
       ``(F) a high percentage of Native American students.''.

     SEC. 3. DEFINITION OF A HISPANIC-SERVING INSTITUTION.

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

     SEC. 4. ELIMINATION OF THE 2-YEAR WAIT OUT PERIOD FOR GRANT 
                   RECIPIENTS.

       Section 504(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1101c(a)) is amended--
       (1) by striking ``Period.--'' and all that follows through 
     ``The Secretary'' and inserting ``Period.--The Secretary''; 
     and
       (2) by striking paragraph (2).
                                 ______