[Congressional Record Volume 150, Number 84 (Thursday, June 17, 2004)]
[Senate]
[Pages S7007-S7009]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself, Mr. Inouye, Mr. Domenici, and Mr. 
        Smith):
  S. 2539. 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; to the 
Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to introduce 
legislation to update and improve the Tribally Controlled Colleges or 
University Assistance Act and amend the Indian sections of the Higher 
Education Act.
  Indian tribal colleges were first created about 30 years ago in 
response to the higher education needs of Native populations living in 
remote and isolated areas of the country where access to higher 
education is extremely difficult.
  There are 33 tribally- or Federally-chartered Indian colleges in the 
Nation and they do a superb job despite the many obstacles they face.
  In recent years the cost of higher education has far exceeded the 
rate of inflation. Tribal colleges face other problems as well: a 
growing population and growing demand for services; increased demand 
for additional facilities; geographical isolation; and difficulty 
attracting quality professors to teach.
  Tribal colleges not only provide a quality higher education but also 
enhance the cultural knowledge, knowledge depositories, college 
preparatory work, and other important educational needs of Indian 
communities.
  Tribal colleges also enhance the economies of tribes. The national 
unemployment rate in the U.S. today is about 5.6 percent, while the 
rate for Native Americans is many times that and in some parts of 
Indian country hovers above 50 percent.
  Tribal colleges serve as centers for business incubation and small 
business development in order to encourage private business development 
and job creation.
  Tribal colleges are also being called on to help Indian communities 
in the often-difficult transition from welfare to work. These 
institutions also provide education and training to people ready to 
join the workforce.
  To continue the vital work of these colleges, the bill I am 
introducing will provide additional resources and means to develop 
facilities, increase quality faculty and improve the overall education 
of Indian people within their reservations.
  I urge my colleagues to join me in supporting this important bill.
  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. 2539

       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.''.

[[Page S7008]]

       (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.);

[[Page S7009]]

       (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 Heath 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.).
                                 ______