[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1513 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 1513
To amend the Higher Education Act of 1965 to authorize grant programs
to enhance the access of low-income African-American students to higher
education.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2007
Mr. Obama 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 grant programs
to enhance the access of low-income African-American students to higher
education.
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 ``Predominantly Black Institution Act
of 2007''.
SEC. 2. PREDOMINANTLY BLACK INSTITUTIONS.
(a) Amendment.--Part A of title III of the Higher Education Act of
1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 317
the following:
``SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds that--
``(A) although African-Americans have made
significant progress in closing the gap between
African-American and White enrollment in higher
education--
``(i) African-Americans continue to trail
Whites in the percentage of the college-age
cohort who enroll and graduate from college;
``(ii) among recent secondary school
graduates, the college participation rate of
Whites was 46 percent from 2000 through 2002,
while such rate for African-Americans was only
39 percent; and
``(iii) the gap between White and African-
American bachelor's degree attainment rates
also remains high, continuing to exceed 10
percent;
``(B) a growing number of African-American students
are participating in higher education and are enrolled
at an increasing number of urban and rural
Predominantly Black Institutions that have included in
their mission the provision of academic training and
education for both traditional and nontraditional
minority students;
``(C) the overwhelming majority of students
attending Predominantly Black Institutions come from
low- and middle-income families and qualify for
participation in the Federal student assistance
programs or other need-based Federal programs as
indicated by recent data from the National
Postsecondary Student Aid Study which demonstrates that
47 percent of African-American undergraduates are
Federal Pell Grant recipients, compared to 21 percent
of non-Hispanic Whites;
``(D) many of the students who enroll in
Predominantly Black Institutions are also first
generation college students who often lack the
appropriate academic preparation for success in college
and whose parents lack the requisite knowledge and
information regarding financing a college education;
``(E) there is a particular national need to aid
institutions of higher education that have become
Predominantly Black Institutions by virtue of the fact
that the Predominantly Black Institutions have expanded
opportunities for African-American and other minority
students;
``(F) Predominantly Black Institutions fulfill a
unique mission within American higher education, far
beyond that which was initially envisioned;
``(G) Predominantly Black Institutions serve the
cultural and social advancement of low-income, African-
American and other minority students and are a
significant access point for these students to higher
education and the opportunities offered by American
society;
``(H) the concentration of the students described
in subparagraph (G) in a limited number of 2-year and
4-year Predominantly Black Institutions and the desire
of these students to secure a degree to prepare these
students for a successful career places special burdens
on those institutions who attract, retain, and graduate
these students; and
``(I) financial assistance to establish or
strengthen the academic resources, physical plants,
financial management, and endowments of the
Predominantly Black Institutions are appropriate
methods to enhance the educational quality of the
Predominantly Black Institutions, to facilitate
decreased long-term reliance on governmental financial
support, and to encourage reliance on endowments and
private sources.
``(2) Purpose.--It is the purpose of this section to assist
Predominantly Black Institutions in expanding educational
opportunity through a program of Federal assistance.
``(b) Definitions.--In this section:
``(1) Educational and general expenditures.--The term
`educational and general expenditures' has the meaning given
the term in section 312.
``(2) Eligible institution.--The term `eligible
institution' means an institution of higher education that--
``(A) has an enrollment of needy undergraduate
students;
``(B) has an average educational and general
expenditure which is low, per full-time equivalent
undergraduate student in comparison with the average
educational and general expenditure per full-time
equivalent undergraduate student of institutions that
offer similar instruction, except that the Secretary
may apply the waiver requirements described in section
392(b) to this subparagraph in the same manner as the
Secretary applies the waiver requirements to section
312(b)(1)(B);
``(C) has an enrollment of undergraduate students
that is not less than 40 percent African-American
students;
``(D) is legally authorized to provide, and
provides within the State, an educational program for
which the institution of higher education awards a
baccalaureate degree, or in the case of a junior or
community college, an associate's degree; and
``(E) is accredited by a nationally recognized
accrediting agency or association determined by the
Secretary to be a reliable authority as to the quality
of training offered, or is, according to such an agency
or association, making reasonable progress toward
accreditation.
``(3) Endowment fund.--The term `endowment fund' has the
meaning given the term in section 312.
``(4) Enrollment of needy students.--The term `enrollment
of needy students' means the enrollment at an eligible
institution with respect to which not less than 50 percent of
the undergraduate students enrolled in an academic program
leading to a degree--
``(A) in the second fiscal year preceding the
fiscal year for which the determination is made, were
Federal Pell Grant recipients for such year;
``(B) come from families that receive benefits
under a means-tested Federal benefit program;
``(C) attended a public or nonprofit private
secondary school--
``(i) that is in the school district of a
local educational agency that was eligible for
assistance under part A of title I of the
Elementary and Secondary Education Act of 1965
for any year during which the student attended
such secondary school; and
``(ii) which for the purpose of this
paragraph and for that year was determined by
the Secretary (pursuant to regulations and
after consultation with the State educational
agency of the State in which the school is
located) to be a school in which the enrollment
of children counted under section 1113(a)(5) of
such Act exceeds 30 percent of the total
enrollment of such school; or
``(D) are first generation college students and a
majority of such first generation college students are
low-income individuals.
``(5) First generation college student.--The term `first
generation college student' has the meaning given the term in
section 402A(g).
``(6) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a).
``(7) Low-income individual.--The term `low-income
individual' has the meaning given such term in section 402A(g).
``(8) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' means a program of the
Federal Government, other than a program under title IV, in
which eligibility for the program's benefits, or the amount of
such benefits, are determined on the basis of income or
resources of the individual or family seeking the benefit.
``(9) Predominantly black institution.--The term
`Predominantly Black Institution' means an institution of
higher education--
``(A) that is an eligible institution with not less
than 1,000 undergraduate students;
``(B) at which not less than 50 percent of the
undergraduate students enrolled at the eligible
institution are low-income individuals or first
generation college students; and
``(C) at which not less than 50 percent of the
undergraduate students are enrolled in an educational
program leading to a bachelor's or associate's degree
that the eligible institution is licensed to award by
the State in which the eligible institution is located.
``(10) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(c) Grant Authority.--
``(1) In general.--The Secretary is authorized to award
grants, from allotments under subsection (e), to Predominantly
Black Institutions to enable the Predominantly Black
Institutions to carry out the authorized activities described
in subsection (d).
``(2) Priority.--In awarding grants under this section the
Secretary shall give priority to Predominantly Black
Institutions with large numbers or percentages of students
described in subsections (b)(2)(A) or (b)(2)(C). The level of
priority given to Predominantly Black Institutions with large
numbers or percentages of students described in subsection
(b)(2)(A) shall be twice the level of priority given to
Predominantly Black Institutions with large numbers or
percentages of students described in subsection (b)(2)(C).
``(d) Authorized Activities.--
``(1) Required activities.--Grant funds provided under this
section shall be used--
``(A) to assist the Predominantly Black Institution
to plan, develop, undertake, and implement programs to
enhance the institution's capacity to serve more low-
and middle-income African-American students;
``(B) to expand higher education opportunities for
students eligible to participate in programs under
title IV by encouraging college preparation and student
persistence in secondary school and postsecondary
education; and
``(C) to strengthen the financial ability of the
Predominantly Black Institution to serve the academic
needs of the students described in subparagraphs (A)
and (B).
``(2) Additional activities.--Grant funds provided under
this section shall be used for 1 or more of the following
activities:
``(A) The activities described in paragraphs (1)
through (11) of section 311(c).
``(B) Academic instruction in disciplines in which
African-Americans are underrepresented.
``(C) Establishing or enhancing a program of
teacher education designed to qualify students to teach
in a public elementary school or secondary school in
the State that shall include, as part of such program,
preparation for teacher certification or licensure.
``(D) Establishing community outreach programs that
will encourage elementary school and secondary school
students to develop the academic skills and the
interest to pursue postsecondary education.
``(E) Establishing or increasing an endowment fund
in accordance with paragraph (3).
``(F) Other activities proposed in the application
submitted pursuant to subsection (f) that--
``(i) contribute to carrying out the
purpose of this section; and
``(ii) are approved by the Secretary as
part of the review and approval of an
application submitted under subsection (f).
``(3) Endowment fund.--
``(A) In general.--A Predominantly Black
Institution may use not more than 20 percent of the
grant funds provided under this section to establish or
increase an endowment fund at the institution.
``(B) Matching requirement.--In order to be
eligible to use grant funds in accordance with
subparagraph (A), a Predominantly Black Institution
shall provide matching funds from non-Federal sources,
in an amount equal to or greater than the Federal funds
used in accordance with subparagraph (A), for the
establishment or increase of the endowment fund.
``(C) Comparability.--The provisions of part C of
title III, regarding the establishment or increase of
an endowment fund, that the Secretary determines are
not inconsistent with this subsection, shall apply to
funds used under subparagraph (A).
``(4) Limitation.--Not more than 50 percent of the grant
funds provided to a Predominantly Black Institution under this
section may be available for the purpose of constructing or
maintaining a classroom, library, laboratory, or other
instructional facility.
``(e) Allotments to Predominantly Black Institutions.--
``(1) Federal pell grant basis.--From the amounts
appropriated to carry out this section for any fiscal year, the
Secretary shall allot to each Predominantly Black Institution
having an application approved under subsection (f) a sum that
bears the same ratio to one-half of that amount as the number
of Federal Pell Grant recipients in attendance at such
institution at the end of the academic year preceding the
beginning of that fiscal year, bears to the total number of
Federal Pell Grant recipients at all such institutions at the
end of such academic year.
``(2) Graduates basis.--From the amounts appropriated to
carry out this section for any fiscal year, the Secretary shall
allot to each Predominantly Black Institution having an
application approved under subsection (f) a sum that bears the
same ratio to one-fourth of that amount as the number of
graduates for such academic year at such institution, bears to
the total number of graduates for such academic year at all
such institutions.
``(3) Graduates seeking a higher degree basis.--From the
amounts appropriated to carry out this section for any fiscal
year, the Secretary shall allot to each Predominantly Black
Institution having an application approved under subsection (f)
a sum that bears the same ratio to one-fourth of that amount as
the percentage of graduates from such institution who are
admitted to and in attendance at, not later than 2 years after
graduation with an associate's degree or a baccalaureate
degree, a baccalaureate degree-granting institution or a
graduate or professional school in a degree program in
disciplines in which African-American students are
underrepresented, bears to the percentage of such graduates for
all such institutions.
``(4) Minimum allotment.--
``(A) In general.--Notwithstanding paragraphs (1),
(2), and (3), the amount allotted to each Predominantly
Black Institution under this section shall not be less
than $250,000.
``(B) Insufficient amount.--If the amount
appropriated pursuant to section 399(a)(1)(D) for a
fiscal year is not sufficient to pay the minimum
allotment provided under subparagraph (A) for the
fiscal year, then the amount of such minimum allotment
shall be ratably reduced. If additional sums become
available for such fiscal year, such reduced allotment
shall be increased on the same basis as the allotment
was reduced until the amount allotted equals the
minimum allotment required under subparagraph (A).
``(5) Reallotment.--The amount of a Predominantly Black
Institution's allotment under paragraph (1), (2), (3), or (4)
for any fiscal year that the Secretary determines will not be
required for such institution for the period such allotment is
available, shall be available for reallotment to other
Predominantly Black Institutions in proportion to the original
allotment to such other institutions under this section for
such fiscal year. The Secretary shall reallot such amounts from
time to time, on such date and during such period as the
Secretary determines appropriate.
``(f) Applications.--Each Predominantly Black Institution desiring
a grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
``(g) Prohibition.--No Predominantly Black Institution that applies
for and receives a grant under this section may apply for or receive
funds under any other program under part A or part B of title III.
``(h) Duration and Carryover.--Any grant funds paid to a
Predominantly Black Institution under this section that are not
expended or used for the purposes for which the funds were paid within
10 years following the date on which the grant was awarded, shall be
repaid to the Treasury.
``(i) Applicability of Part F.--Part F, other than section 399,
shall not apply to this section.''.
(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 new subparagraph:
``(D) There are authorized to be appropriated to carry out
section 318 such sums as may be necessary for fiscal year 2008
and each of the 5 succeeding fiscal years.''.
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