S 1513 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

May 24, 2007

Mr. OBAMA introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Predominantly Black Institution Act of 2007'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS.

`(a) Findings and Purpose-CommentsClose CommentsPermalink





`(1) FINDINGS- Congress finds that--CommentsClose CommentsPermalink





`(A) although African-Americans have made significant progress in closing the gap between African-American and White enrollment in higher education--CommentsClose CommentsPermalink





`(i) African-Americans continue to trail Whites in the percentage of the college-age cohort who enroll and graduate from college;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(iii) the gap between White and African-American bachelor's degree attainment rates also remains high, continuing to exceed 10 percent;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(F) Predominantly Black Institutions fulfill a unique mission within American higher education, far beyond that which was initially envisioned;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) PURPOSE- It is the purpose of this section to assist Predominantly Black Institutions in expanding educational opportunity through a program of Federal assistance.CommentsClose CommentsPermalink





`(b) Definitions- In this section:CommentsClose CommentsPermalink





`(1) EDUCATIONAL AND GENERAL EXPENDITURES- The term `educational and general expenditures' has the meaning given the term in section 312.CommentsClose CommentsPermalink





`(2) ELIGIBLE INSTITUTION- The term `eligible institution' means an institution of higher education that--CommentsClose CommentsPermalink





`(A) has an enrollment of needy undergraduate students;CommentsClose CommentsPermalink





`(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);CommentsClose CommentsPermalink





`(C) has an enrollment of undergraduate students that is not less than 40 percent African-American students;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) ENDOWMENT FUND- The term `endowment fund' has the meaning given the term in section 312.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) in the second fiscal year preceding the fiscal year for which the determination is made, were Federal Pell Grant recipients for such year;CommentsClose CommentsPermalink





`(B) come from families that receive benefits under a means-tested Federal benefit program;CommentsClose CommentsPermalink





`(C) attended a public or nonprofit private secondary school--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(D) are first generation college students and a majority of such first generation college students are low-income individuals.CommentsClose CommentsPermalink





`(5) FIRST GENERATION COLLEGE STUDENT- The term `first generation college student' has the meaning given the term in section 402A(g).CommentsClose CommentsPermalink





`(6) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given the term in section 101(a).CommentsClose CommentsPermalink





`(7) LOW-INCOME INDIVIDUAL- The term `low-income individual' has the meaning given such term in section 402A(g).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(9) PREDOMINANTLY BLACK INSTITUTION- The term `Predominantly Black Institution' means an institution of higher education--CommentsClose CommentsPermalink





`(A) that is an eligible institution with not less than 1,000 undergraduate students;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(10) STATE- The term `State' means each of the 50 States and the District of Columbia.CommentsClose CommentsPermalink





`(c) Grant Authority-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(d) Authorized Activities-CommentsClose CommentsPermalink





`(1) REQUIRED ACTIVITIES- Grant funds provided under this section shall be used--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) ADDITIONAL ACTIVITIES- Grant funds provided under this section shall be used for 1 or more of the following activities:CommentsClose CommentsPermalink





`(A) The activities described in paragraphs (1) through (11) of section 311(c).CommentsClose CommentsPermalink





`(B) Academic instruction in disciplines in which African-Americans are underrepresented.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(E) Establishing or increasing an endowment fund in accordance with paragraph (3).CommentsClose CommentsPermalink





`(F) Other activities proposed in the application submitted pursuant to subsection (f) that--CommentsClose CommentsPermalink





`(i) contribute to carrying out the purpose of this section; andCommentsClose CommentsPermalink





`(ii) are approved by the Secretary as part of the review and approval of an application submitted under subsection (f).CommentsClose CommentsPermalink





`(3) ENDOWMENT FUND-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(e) Allotments to Predominantly Black Institutions-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) MINIMUM ALLOTMENT-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(i) Applicability of Part F- Part F, other than section 399, shall not apply to this section.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink