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PART E-TRIBAL DEVELOPMENT STUDENT ASSISTANCE REVOLVING LOAN PROGRAM
SEC. 1341. [25 U.S.C. 3331] SHORT TITLE.
This part may be cited as the "Tribal Development Student Assistance Act".
SEC. 1342. [25 U.S.C. 3332] FINDINGS; PURPOSES.
(a) FINDINGS.-The Congress finds that
(1) a substantial number of Indian students have partially completed their degrees in postsecondary education, but have been unable, for a number of reasons, to complete the degrees;
(2) in at least some measure these students have been supported by tribal funds or grants of Federal monies administered by the Bureau of Indian Affairs or tribes;
(3) the inability of the students to complete these degrees has led to a hardship for the students and a loss of a potential pool of talent to the tribes or tribal organizations which originally financed, at least in part, these efforts;
(4) this loss has crippled tribal efforts in the areas of economic and social development;
(5) this failure to complete the postsecondary schooling has led to economic loss to the tribes and the Federal Government which could be remedied by completion of the courses of study; and
(6) a program to identify students with a level of postsecondary completion short of the fulfillment of graduation requirements and to encourage them to complete these requirements, including provision of resources, will benefit the students, the tribes, and the Federal Government. (b) PURPOSES.-The purposes of this part are
(1) to establish a revolving loan program to be administered by a tribe or tribal organization for the purposes of increasing the number of college graduates available to work in tribal businesses, tribal government, and tribal services such as schools and hospitals;
(2) to conduct research to assess the situational and educational barriers to participation in postsecondary education; and
(3) to encourage development, through grants, of a model which provides, in addition to loans, transitional and follow-up services needed to encourage persistence in postsecondary education.
SEC. 1343. [25 U.S.C. 3333] REVOLVING FUND.
(a) RECEIPT, INVESTMENT, AND ACCOUNTING.
(1) TRIBES AND TRIBAL ORGANIZATIONS.-Funds received under a grant under this part or recovered under the provisions of section 1346(a)(2)(B) shall be identified and accounted for separately from any other tribal or Federal funds received from the Federal Government. All funds in this account shall be used for the purposes of this part.
(2) FINANCIAL PROCEDURES.-The Secretary of the Interior is responsible for establishing, by regulations, such requirements for receipt, investment and accounting of funds under
subsection (b) as shall safeguard and 1 financial interests of the Federal Government.
(b) INVESTMENT.-Funds provided under this part or recovered by the tribe or tribal organization under the provisions of section 1346(a)(2)(B) shall be
(1) invested by the Indian tribe or tribal organization only in obligations of the United States or in obligations or securities that are guaranteed or insured by the United States, or
(2) deposited only in accounts that are insured by an agency or instrumentality of the United States.
(c) TREATMENT OF INCOME.-Notwithstanding any other provision of law, any interest or investment income that accrues on any funds covered under this provision after such funds have been distributed to a tribe or tribal organization and before such funds are distributed for the purposes of making loans under this part shall be the property of the tribe or tribal organization and shall not be taken into account by any officer or employee of the Federal Government in determining whether to provide assistance, or the amount of assistance, under any provision of Federal law. SEC. 1344. [25 U.S.C. 3334] ELIGIBLE RECIPIENTS.
(a) TRIBES AND TRIBAL ORGANIZATIONS.-The Secretary of the Interior (hereafter in this part referred to as the "Secretary") shall make grants, in accordance with the requirements of this part, to
(1) tribes or multitribal organizations not serviced by current federally funded postsecondary institutions authorized for economic development grants; and
(2) tribes or multitribal organizations which lack sufficient numbers of professionally trained tribal members to support established or ongoing economic development initiatives.
(b) STUDENTS.-Any tribe or tribal organization that receives funds under subsection (a) shall make such funds available by loan, under terms and conditions consistent with section 1345, to Indian students who have successfully completed 30 hours of postsecondary education and who are eligible for readmission to a postsecondary institution.
SEC. 1345. [25 U.S.C. 3335] TERMS OF LOANS.
(a) IN GENERAL.-A loan under this part to an Indian student shall
(1) be subject to repayment over a period of not more than 5 years;
(2) not bear interest;
(3) be subject to forgiveness for services to the tribe in accordance with section 1346; and
(4) contain such additional terms and conditions as the initial loan agreement between the tribe or tribal organization and student may prescribe in writing.
(b) COST OF ATTENDANCE.-Calculation of the cost of attendance for the student must include all costs as determined by the tribe for the purposes of fulfilling the policy of this part.
(c) ADDITIONAL REQUIREMENTS.-Any student seeking a loan under this part shall apply for and accept the maximum financial
1 So in original. Probably should be "the".
aid available from other sources. However, for purposes of determining eligibility, loans provided under this program may not be considered in needs analysis under any other Federal law, and may not penalize students in determining eligibility for other funds.
SEC. 1346. [25 U.S.C. 3336] SERVICE FULFILLMENT AND CONDITIONS; REPAYMENTS; WAIVERS.
(a) SERVICE AGREEMENT REQUIRED.
(1) IN GENERAL.-Prior to receipt of a loan under this part, the tribe or tribal organization and the eligible recipient shall enter into a written agreement, subject to the conditions of this section, which commits the recipient―
(A) to perform, for each academic year for which the student receives assistance under this part one calendar year of service to the tribe or organization in an occupation related to the course of study pursued and an economic or social development plan developed by the tribe or tribal organization, commencing not later than 6 months after the student ceases to carry at an institution of higher education at least one-half the normal full-time academic workload as determined by the institution; or
(B) to repay to the tribe or tribal organization the full amount of the loan, in monthly or quarterly installments over not more than 5 years.
(2) REPORT REQUIREMENT.-Funds recovered pursuant to paragraph (1)(B) shall be reported annually to the Secretary and invested in the account established under section 1343. (b) SERVICE LIMITATIONS AND CONDITIONS.-The tribe or tribal organization shall agree that a student performing services under this part
(1) shall be provided compensation, benefits, and working conditions at the same level and to the same extent as any other employee working a similar length of time and doing the same type of work;
(2) may be treated as providing services to the tribe or organization if the student provides services for members of the tribe or organization that are approved by the tribe or organization and agreed to by the student even though such services are performed while the student is employed by a Federal, State, or local agency or instrumentality or by a nonprofit or for-profit private institution or organization; and
(3) may obtain the benefits of a waiver or suspension in accordance with the requirements of subsection (c). (c) WAIVER AND SUSPENSION OF SERVICE AGREEMENT.
(1) WAIVER.-An Indian tribe or tribal organization may, by formal action, waive the service agreement of an Indian student for just cause, as determined in accordance with regulations prescribed by the Secretary. The tribe or organization shall notify the Secretary in writing of any waiver granted under this subsection.
(2) SUSPENSION.-The obligation of a student to perform services under this part
(A) shall be suspended for not more than 18 months if, at the request of the student, the tribe or organization
determines that there are no employment opportunities available in any applicable area; and
(B) shall be suspended if the student ceases to attend an institution of higher education as a consequence of an institutional determination of unsatisfactory performance. If, at the end of a period of suspension under subparagraph (A), there are still no employment opportunities available which fulfill the requirements of this part, the student's obligations under the agreement shall terminate. A suspension under subparagraph (B) shall be reviewed by the tribe or organization annually, but may be continued indefinitely.
(d) PRO RATA REDUCTION FOR PARTIAL SERVICES.-The Secretary shall, by regulation, provide for the pro rata reduction of repayment obligations under subsection (a)(2)(B) in the case of any student who partially completes the service obligation of that student under subsection (a)(2)(A).
(e) CERTIFICATION OF SERVICE.-An Indian tribe or tribal organization receiving services under this part
(1) shall establish procedures for monitoring and evaluating the provisions of this part, and provide a copy of such procedures to the Secretary and to each individual providing services under a critical area service agreement;
(2) shall annually certify to the Secretary the identities of the individuals performing service under such agreements; and
(3) shall annually certify to the Secretary the amount of service performed, and the amount remaining to be performed, by each such individual under such agreements.
SEC. 1347. [25 U.S.C. 3337] ADMINISTRATION.
(a) REGULATIONS.-The Secretary shall establish, by regulation, an application process containing such requirements as the Secretary deems necessary for purposes of making grants to eligible entities under this part, providing that the Secretary shall take into account in reviewing applications under this part the number of students with partial completion identified by the applicant, relative to the total number of the members of tribe which would be benefited by provision of services under section 1346, and shall attempt to achieve geographic and demographic diversity in grants made under this part.
(b) GRANT PROCEDURES.
(1) IN GENERAL.-Subject to the availability of funds and acceptable applications, the Secretary shall make 5 grants to tribes or tribal organizations for purposes of this part, each grant to be for a period of 4 years.
(2) ADMINISTRATIVE COSTS.-The amount of administrative costs associated with grants under this part shall be negotiated by the Secretary with the successful applicants and made a part of the grant agreement.
(c) DEFINITIONS.-For the purposes of this part, the terms "Indian", "Indian tribe", "Secretary", and "tribal organizations" have the same meanings given such terms in sections 1 4(d), (e), (i), and
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(1), respectively, of the Indian Self Determination and Education Assistance Act (P.L. 93-638, 20 U.S.C. 450b).
SEC. 1348. [25 U.S.C. 3338] AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this part, $2,000,000 for fiscal year 1993 and such sums as may be necessary for each of the 4 succeeding fiscal years.
PART F-AMERICAN INDIAN POSTSECONDARY ECONOMIC DEVELOPMENT SCHOLARSHIP
SEC. 1361. [25 U.S.C. 3351] AMERICAN INDIAN POSTSECONDARY ECONOMIC DEVELOPMENT SCHOLARSHIP.
(a) PROGRAM AUTHORIZED.-The Secretary of Education is authorized to make grants, in accordance with the provisions of this part, to federally recognized Indian tribes which lack sufficient numbers of professionally trained tribal members to support established or ongoing economic development initiatives. Priority shall be given to tribes which are not served by federally funded postsecondary institutions. The purpose of such grants is to enable such tribes to make scholarships available to tribal members to assist such members to pursue courses of study leading to an undergraduate or postbaccalaureate degree in order to provide professionally trained tribal members to support such economic development initiatives on Indian reservations.
(b) DESIGNATION.-A scholarship awarded under this part shall be referred to as an "American Indian Post-Secondary Economic Development Scholarship" (hereafter referred to in this part as "scholarship").
SEC. 1362. [25 U.S.C. 3352] INDIAN SCHOLARSHIPS.
(a) SELECTION.-Each Indian tribe receiving a grant pursuant to this part for the purpose of providing scholarships shall select tribal members eligible to receive such scholarships. În determining grant recipients the Secretary of Education shall consider
(1) geographic distribution of grants; and
(2) a tribal economic plan which demonstrates how individual recipients shall benefit the economic conditions of the tribe. (b) CRITERIA.-Each Indian tribe, in consultation with the Secretary of Education, shall give preference to select, as those tribal members eligible to receive such scholarships, tribal members who have successfully completed at least 30 hours of postsecondary education and who are eligible for readmission to a postsecondary institution.
SEC. 1363. [25 U.S.C. 3353] SCHOLARSHIP CONDITIONS.
(a) SCHOLARSHIP AGREEMENT.-Each tribal member receiving a scholarship under this part shall enter into an agreement, satisfactory to the Secretary of Education and the tribal government awarding such scholarship, under which such member agrees
(1) to utilize the proceeds of such scholarship to pursue a course of study which meets the requirements of the educational institution in which the student is enrolled for an undergraduate or postbaccalaureate degree;