Revises the Tribally Controlled College or University Assistance Act of 1978 and related Federal education law to include: (1) reauthorization of programs for grants to tribally controlled colleges or universities and for renovation; (2) a definition of Indian student; (3) an accreditation requirement; (4) various specified colleges and universities, such as the Bay Mills Community College and the Blackfeet Community College, as a tribal college or university; (5) distance learning as an authorized activity; and (6) loan repayment or cancellation for individuals who teach in tribal colleges or universities.
Navajo Nation Higher Education Act of 2004 - States that Congress authorizes Dine College to receive all Federal funding and resources under this Act and other laws for the operation, improvement, and growth of the College.
Authorizes the College to expend money received under this Act to undertake all renovations and repairs to its infrastructure.
Directs the Secretary to study and report to Congress on all capital projects and facility needs.
Repeals the Navajo Community College Act.
[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.).
<all>
Introduced in Senate
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR 6/18/2004 S7007-7009)
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