[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2539 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2539

To amend the Tribally Controlled Colleges or University Assistance Act 
      and the Higher Education Act to improve Tribal Colleges and 
                 Universities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2004

  Mr. Campbell (for himself, Mr. Inouye, Mr. Domenici, and Mr. Smith) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Tribally Controlled Colleges or University Assistance Act 
      and the Higher Education Act to improve Tribal Colleges and 
                 Universities, and for other purposes.

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

               TITLE I--TRIBAL COLLEGES AND UNIVERSITIES

SEC. 101. TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY ACT OF 1978.

    (a) Formula.--Section 108(a)(2) of the Tribally Controlled College 
or University Assistance Act of 1978 (25 U.S.C. 1808) is amended by 
striking ``$6,000'' and inserting ``$8,000''.
    (b) Title I Reauthorization.--Section 110(a) of the Tribally 
Controlled College or University Assistance Act of 1978 (25 U.S.C. 
1810(a)) is amended--
            (1) in paragraphs (1), (2), (3), and (4), by striking 
        ``1999'' and inserting ``2004'';
            (2) in paragraphs (1), (2), and (3), by striking ``4 
        succeeding'' and inserting ``5 succeeding'';
            (3) in paragraph (2), by striking ``$40,000,000'' and 
        inserting ``$55,000,000'';
            (4) in paragraph (3), by striking ``$10,000,000'' and 
        inserting ``$20,000,000''; and
            (5) in paragraph (4), by striking ``succeeding 4'' and 
        inserting ``5 succeeding''.
    (c) Title III Reauthorization.--Section 306(a) of the Tribally 
Controlled College or University Assistance Act of 1978 (25 U.S.C. 
1836(a)) is amended--
            (1) by striking ``1999'' and inserting ``2004''; and
            (2) by striking ``4 succeeding'' and inserting ``5 
        succeeding''.
    (d) Title IV Reauthorization.--Section 403 of the Tribal Economic 
Development and Technology Related Education Assistance Act of 1990 (25 
U.S.C. 1852) is amended--
            (1) by striking ``$2,000,000 for fiscal year 1999'' and 
        inserting ``$5,000,000 for fiscal year 2004''; and
            (2) by striking ``4 succeeding'' and inserting ``5 
        succeeding''.
    (e) Clarification of the Definition of National Indian 
Organization.--Section 2(a)(6) of the Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is amended by 
striking ``in the field of Indian education'' and inserting ``in the 
field of Tribal Colleges and Universities and Indian higher 
education''.
    (f) Indian Student Count.--Section 2(a) of the Tribally Controlled 
College or University Assistance Act (25 U.S.C. 1801(a)) is amended--
            (1) by redesignating paragraphs (7) and (8) as paragraphs 
        (8) and (9), respectively; and
            (2) by inserting after paragraph (6) the following:
            ``(7) `Indian student' means a person who is--
                    ``(A) a member of an Indian tribe; or
                    ``(B) a biological child of a member of an Indian 
                tribe, living or deceased;''.
    (g) Continuing Education.--Section 2(b) of the Tribally Controlled 
College or University Assistance Act (25 U.S.C. 1801(b)) is amended by 
striking paragraph (5) and inserting the following:
            ``(5) Determination of credits.--Eligible credits earned in 
        a continuing education program--
                    ``(A) shall be determined as 1 credit for every 10 
                contact hours in the case of an institution on a 
                quarter system, or 15 contact hours in the case of an 
                institution on a semester system, of participation in 
                an organized continuing education experience under 
                responsible sponsorship, capable direction, and 
                qualified instruction, as described in the criteria 
                established by the International Association for 
                Continuing Education and Training; and
                    ``(B) shall be limited to 10 percent of the Indian 
                student count of a tribally controlled college or 
                university.''.
    (h) Accreditation Requirement.--Section 103 of the Tribally 
Controlled College or University Assistance Act (25 U.S.C. 1804) is 
amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after paragraph (3), the following:
            ``(4)(A) is accredited by a nationally recognized 
        accrediting agency or association determined by the Secretary 
        of Education to be a reliable authority with regard to the 
        quality of training offered; or
            ``(B) is, according to such an agency or association, 
        making reasonable progress toward accreditation.''.
    (i) Technical Assistance Contract Awards.--Section 105 of the 
Tribally Controlled College or University Assistance Act (25 U.S.C. 
1805) is amended in the second sentence by striking ``In the awarding 
of contracts for technical assistance, preference shall be given'' and 
inserting ``The Secretary shall direct that contracts for technical 
assistance be awarded''.

SEC. 102. TITLE III GRANTS FOR AMERICAN INDIAN TRIBALLY CONTROLLED 
              COLLEGES AND UNIVERSITIES.

    (a) Definition of Tribal College or University.--Section 316(b) of 
the Higher Education Act of 1965 (20 U.S.C. 1059c(b)) is amended by 
striking paragraph (3) and inserting the following:
            ``(3) Tribal college or university.--
                    ``(A) In general.--The term `Tribal College or 
                University' means an institution that meets the 
                definition of tribally controlled college or university 
                in section 2 of the Tribally Controlled College or 
                University Assistance Act of 1978 (25 U.S.C. 1801).
                    ``(B) Inclusions.--The term `Tribal College or 
                University' includes Bay Mills Community College; 
                Blackfeet Community College; Cankdeska Cikana Community 
                College; Chief Dull Knife College; College of Menominee 
                Nation; Crownpoint Institute of Technology; Dine 
                College; D-Q University; Fond Du Lac Tribal and 
                Community College; Fort Belknap College; Fort Berthold 
                Community College; Fort Peck Community College; Haskell 
                Indian Nations University; Institute of American Indian 
                and Alaska Native Culture and Arts Development; Lac 
                Courte Oreilles Ojibwa Community College; Leech Lake 
                Tribal College; Little Big Horn College; Little Priest 
                Tribal College; Nebraska Indian Community College; 
                Northwest Indian College; Oglala Lakota College; 
                Saginaw Chippewa Tribal College; Salish Kootenai 
                College; Si Tanka University-Eagle Butte Campus; Sinte 
                Gleska University; Sisseton Wahpeton Community College; 
                Sitting Bull College; Southwestern Indian Polytechnic 
                Institute; Stone Child College; Tohono O'odham 
                Community College; Turtle Mountain Community College; 
                United Tribes Technical College; and White Earth Tribal 
                and Community College.''.
    (b) Distance Learning.--Section 316(c)(2) of the Higher Education 
Act of 1965 (20 U.S.C. 1059c(c)(2)) is amended--
            (1) in subparagraph (B), by inserting before the semicolon 
        at the end the following: ``and the acquisition of real 
        property adjacent to the campus of the institution on which to 
        construct such facilities'';
            (2) in subparagraph (K), by striking ``and'' at the end;
            (3) by redesignating subparagraph (L) as subparagraph (M); 
        and
            (4) by inserting after subparagraph (K) the following:
                    ``(L) developing or improving facilities for 
                Internet use or other distance learning academic 
                instruction capabilities; and''.
    (c) Application, Plan, and Allocation.--Section 316 of the Higher 
Education Act of 1965 (20 U.S.C. 1059c) is amended by striking 
subsection (d) and inserting the following:
    ``(d) Application, Plan, and Allocation.--
            ``(1) Institutional eligibility.--To be eligible to receive 
        assistance under this section, a Tribal College or University 
        shall be an eligible institution under section 312(b).
            ``(2) Application.--
                    ``(A) In general.--A Tribal College or University 
                desiring to receive assistance under this section shall 
                submit an application to the Secretary at such time, 
                and in such manner, as the Secretary may reasonably 
                require.
                    ``(B) Streamlined process.--The Secretary shall 
                establish application requirements in such a manner as 
                to simplify and streamline the process for applying for 
                grants.
            ``(3) Allocations to institutions.--
                    ``(A) Construction grants.--
                            ``(i) In general.--Of the amount 
                        appropriated to carry out this section for any 
                        fiscal year, the Secretary shall reserve 30 
                        percent for the purpose of awarding 1-year 
                        grants of not less than $1,000,000 to address 
                        construction, maintenance, and renovation needs 
                        at eligible institutions.
                            ``(ii) Preference.--In providing grants 
                        under clause (i), the Secretary shall give 
                        preference to eligible institutions that have 
                        not yet received an award under this section.
                    ``(B) Allotment of remaining funds.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Secretary shall distribute the 
                        remaining funds appropriated for any fiscal 
                        year to each eligible institution as follows:
                                    ``(I) 60 percent of the remaining 
                                appropriated funds shall be distributed 
                                among the eligible Tribal Colleges and 
                                Universities pro rata basis, based on 
                                the respective Indian student counts 
                                (as defined in section 2(a) of the 
                                Tribally Controlled College or 
                                University Assistance Act of 1978 (25 
                                U.S.C. 1801(a)) of the Tribal Colleges 
                                and Universities; and
                                    ``(II) the remaining 40 percent 
                                shall be distributed in equal shares to 
                                eligible Tribal Colleges and 
                                Universities.
                            ``(ii) Minimum grant.--The amount 
                        distributed to a Tribal College or University 
                        under clause (i) shall not be less than 
                        $500,000.
            ``(4) Special rules.--
                    ``(A) Concurrent funding.--For the purposes of this 
                part, no Tribal College or University that is eligible 
                for and receives funds under this section shall 
                concurrently receive funds under other provisions of 
                this part or part B.
                    ``(B) Exemption.--Section 313(d) shall not apply to 
                institutions that are eligible to receive funds under 
                this section.''.

SEC. 103. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN 
              TRIBAL COLLEGES OR UNIVERSITIES.

    (a) 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'' 
                        at the end;
                            (ii) in subparagraph (I), by striking the 
                        period at the end 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.
    (b) 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. 493. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN 
              TRIBAL COLLEGES OR UNIVERSITIES.

    ``(a) Definition of Year.--In this section, the term `year', as 
applied to employment as a teacher, means an academic year (as defined 
by the Secretary).
    ``(b) Program.--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 (c), for any new 
borrower on or after the date of enactment of this section, 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.
    ``(c) 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 
                this section to a student under part B or D, for the 
                first or second year of employment described in 
                subsection (b)(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 the 
        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 (b), as determined in accordance 
        with regulations promulgated by the Secretary.
    ``(d) Regulations.--The Secretary may promulgate such regulations 
as are necessary to carry out this section.
    ``(e) Effect of Section.--Nothing in this section authorizes any 
refunding of any repayment of a loan.
    ``(f) 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.).''.
    (c) Amounts Forgiven Not Treated as Gross Income.--Rules similar to 
the rules under section 108(f) of the Internal Revenue Code of 1986 
shall apply to the amount of any loan that is assumed or canceled under 
this section.

                   TITLE II--NAVAJO HIGHER EDUCATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Navajo Nation Higher Education Act 
of 2004''.

SEC. 202. CONGRESSIONAL FINDINGS.

    Congress finds that--
            (1) the Treaty of 1868 between the United States of America 
        and the Navajo Tribe of Indians (15 Stat. 667) provides for the 
        education of the citizens of the Navajo Nation;
            (2) in 1998, the Navajo Nation created and chartered the 
        Navajo Community College by Resolution CN-95-68 as a wholly 
        owned educational entity of the Navajo Nation;
            (3) in 1971, Congress enacted the Navajo Community College 
        Act (25 U.S.C. 640a et seq.);
            (4) in 1997, the Navajo Nation officially changed the name 
        of the Navajo Community College to Dine College by Resolution 
        CAP-35-97;
            (5) the purpose of Dine College is to provide educational 
        opportunities to the Navajo people and others in areas 
        important to the economic and social development of the Navajo 
        Nation;
            (6) the mission of Dine College is to apply the principles 
        of Sa'ah Naaghi Bik'eh Hozhoon (Dine Philosophy) to advance 
        student learning through training of the mind and heart--
                    (A) through Nitshkees (Thinking), Nahat (Planning), 
                Iin (Living), and Sihasin (Assurance);
                    (B) in study of the Dine language, history, 
                philosophy, and culture;
                    (C) in preparation for further studies and 
                employment in a multicultural and technological world; 
                and
                    (D) in fostering social responsibility, community 
                service, and scholarly research that contribute to the 
                social, economic, and cultural well-being of the Navajo 
                Nation;
            (7) the United States has a trust and treaty responsibility 
        to the Navajo Nation to provide for the educational 
        opportunities for Navajo people;
            (8) significant portions of the infrastructure of the 
        College are dilapidated and pose a serious health and safety 
        risk to students, employees and the public; and
            (9) the purposes and intent of this Act--
                    (A) are consistent with--
                            (i) Executive Order 13270 (3 C.F.R. 242 
                        (2002); relating to tribal colleges and 
                        universities)); and
                            (ii) Executive Order 13336 (69 Fed. Reg. 
                        25295; relating to American Indian and Alaska 
                        Native education), issued on April 30, 2004; 
                        and
                    (B) fulfill the responsibility of the United States 
                to serve the education needs of the Navajo people.

SEC. 203. DEFINITIONS.

    In this title:
            (1) College.--The term ``College'' means Dine College.
            (2) Costs of operation and maintenance.--The term 
        ``operation and maintenance'' means all costs and expenses 
        associated with the customary daily operation of the College 
        and necessary maintenance costs.
            (3) Infrastructure.--
                    (A) In general.--The term ``infrastructure'' means 
                College buildings, water and sewer facilities, roads, 
                foundation, information technology, and 
                telecommunications.
                    (B) Inclusions.--The term ``infrastructure'' 
                includes--
                            (i) classrooms; and
                            (ii) external structures, such as walkways.
            (4) Nation.--The term ``Nation'' means the Navajo Nation.
            (5) Renovations and repairs.--The term ``renovations and 
        repairs'' means modernization and improvements to the 
        infrastructure.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 204. REAUTHORIZATION OF DINE COLLEGE.

    Congress authorizes the College to receive all Federal funding and 
resources under this Act and other laws for the operation, improvement, 
and growth of the College, including--
            (1) provision of programs of higher education for citizens 
        of the Nation and others;
            (2) provision of vocational and technical education for 
        citizens of the Nation and others;
            (3) preservation and protection of the Navajo language, 
        philosophy, and culture for citizens of the Nation and others;
            (4) provision of employment and training opportunities to 
        Navajo communities and people;
            (5) provision of economic development and community 
        outreach for Navajo communities and people; and
            (6) provision of a safe learning, working, and living 
        environment for students, employees, and the public.

SEC. 205. FACILITIES AND CAPITAL PROJECTS.

    The College may expend money received under section 209(c) to 
undertake all renovations and repairs to the infrastructure of the 
College, as identified by a strategic plan approved by the College and 
submitted to the Secretary.

SEC. 206. STATUS OF FUNDS.

    Funds provided to the College under this title may be treated as 
non-Federal, private funds of the College for purposes of any provision 
of Federal law that requires that non-Federal or private funds of the 
College be used in a project for a specific purpose.

SEC. 207. SURVEY, STUDY, AND REPORT.

    (a) Report.--The Secretary shall--
            (1) conduct a detailed study of all capital projects and 
        facility needs of the College; and
            (2) submit to Congress a report that --
                    (A) describes the results of the study not later 
                than October 31, 2009; and
                    (B) includes detailed recommendations of the 
                Secretary and any recommendations or views submitted by 
                the College and the Nation.
    (b) Administrative Expenses.--Funds to carry out this section may 
be drawn from general administrative appropriations to the Secretary.

SEC. 208. CONTINUING ELIGIBILITY FOR OTHER FEDERAL FUNDS.

    Except as explicitly provided for in other Federal law, nothing in 
this Act precludes the eligibility of the College to received Federal 
funding and resources under any program authorized under--
            (1) the Higher Education Act of 1965 (20 U.S.C. 1001 et 
        seq.); and
            (2) the Equity in Educational Land Grant Status Act (title 
        V, part C, of Public Law 103-382; 7 U.S.C. 301 note); or
            (3) any other applicable program for the benefit of 
        institutions of higher education, community colleges, or 
        postsecondary educational institutions.

SEC. 209. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated for each 
fiscal year such amounts as are necessary to pay the costs of operation 
and maintenance.
    (b) Budget Placement.--The Secretary shall fund the costs of 
operation and maintenance of the College separately from tribal 
colleges and universities recognized and funded by the Tribally 
Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801 
et seq.).
    (c) Facilities and Capital Projects.--
            (1) In general.--In addition to amounts made available 
        under subsection (a), there are authorized to be appropriated 
        to carry out section 205 $15,000,000 for each of fiscal years 
        2005 through 2009.
            (2) Agencies.--Amounts made available under paragraph (1) 
        may be funded through any 1 or more of--
                    (A) the Department of the Interior;
                    (B) the Department of Education;
                    (C) the Department of Health and Human Services;
                    (D) the Department of Housing and Urban 
                Development;
                    (E) the Department of Commerce;
                    (F) the Environmental Protection Agency;
                    (G) the Department of Veterans Affairs;
                    (H) the Department of Agriculture;
                    (I) the Department of Homeland Security;
                    (J) the Department of Defense;
                    (K) the Department of Labor; and
                    (L) the Department of Transportation.

SEC. 210. REPEAL OF NAVAJO COMMUNITY COLLEGE ACT.

    This Act supersedes the Navajo Community College Act (25 U.S.C. 
640a et seq.).
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