Sec. 10101. Tribally Controlled Colleges and Universities Assistance Act of 1978

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Section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 ) is amended— in subsection (a)— in paragraph (4), by striking or has been formally and inserting and has been formally ; in paragraph (7), by adding and at the end; in paragraph (8), by striking ; and and inserting a period; and by striking paragraph (9); and in subsection (b)— by amending paragraph

(1)to read as follows: Such number shall be calculated based on the number of Indian students who are enrolled— at the conclusion of the third week of each academic term; or on the fifth day of a shortened program beginning after the conclusion of the third full week of an academic term. ; in paragraph (3), by striking for purposes of obtaining and inserting solely for the purpose of obtaining ; in paragraph (4)— By striking students and inserting individuals 16 years of age or older ; and by striking credit hours. and inserting credit hours, except that the provisions of paragraphs

(1)and

(3)shall not apply to any determination under this paragraph. ; in paragraph (5)— in subparagraph (A)— by inserting hour after credit ; by striking in the case of an institution on a quarter system, or 15 contact hours in the case of an institution on a semester system, ; and by striking and at the end; by redesignating subparagraph

(B)as subparagraph (C); and by inserting after subparagraph

(A)the following: shall be determined as one academic credit hour for every three continuing education program credits earned in the case of an institution on a semester system (which may be adjusted by the Secretary, if necessary, for institutions using academic periods other than semesters, such as trimesters or quarters); and ; and by inserting after paragraph (5), the following: Enrollment data from the prior-prior academic year shall be used. . The Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq.) is amended by inserting after section 2 ( 25 U.S.C. 1801 ), the following: There are authorized to be appropriated to carry out sections 105, 107, 112(b), and 113 such sums as may be necessary for fiscal year 2021 and each of the five succeeding fiscal years. Funds appropriated pursuant to the authorization under paragraph

(1)shall be transferred by the Secretary of the Treasury through the most expeditious method available, with each of the tribally controlled colleges or universities being designated as its own certifying agency. There are authorized to be appropriated to carry out title III such sums as may be necessary for fiscal year 2021 and each of the five succeeding fiscal years. Any funds appropriated pursuant to this subsection are authorized to remain available until expended. There are authorized to be appropriated to carry out titles IV and V such sums as may be necessary for fiscal year 2021 and each of the five succeeding fiscal years. For the purpose of affording adequate notice of funding available under this Act, amounts appropriated in an appropriation Act for any fiscal year to carry out this Act shall become available for obligation on July 1 of that fiscal year and shall remain available until September 30 of the succeeding fiscal year. In order to effect a transition to the forward funding method of timing appropriation action described in paragraph (1), there are authorized to be appropriated, in an appropriation Act or Acts for the same fiscal year, two separate appropriations to carry out this Act, the first of which shall not be subject to paragraph (1). . Section 110 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1810 ) is repealed. Section 111 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1811 ) is amended by striking 110(a)(2) and inserting 3(a)(2) . Section 306 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1836 ) is repealed. Title III of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1831 et seq.) is amended by striking section 306 each place it appears and inserting section 3(b) Section 403 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1852 ) is repealed. Section 502 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1862 ) is amended— in subsection (a), by striking Subject to the availability of appropriations, for fiscal year 2009 and each fiscal year thereafter, and inserting From the amount made available under section 3(c) for each fiscal year, ; and in subsection (d)(1), by striking For fiscal year 2009 and each fiscal year thereafter, of amounts made available pursuant to section 504, and inserting From the amount made available under section 3(c) for each fiscal year, . Section 504 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1864 ) is repealed. Section 104 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1804a ) is amended to read as follows: Not later than December 31 of each year, the Secretary shall submit a report to the Senate Committee on Indian Affairs, the Senate Committee on Health, Education, Labor and Pensions, the House Committee on Natural Resources, the House Committee on Education and Labor, the Senate Appropriations Subcommittee on the Interior, and the House Appropriations Subcommittee on the Interior on developing and emerging tribally controlled colleges or universities. Such report shall include information on— inquiries received by the Secretary from federally recognized Indian Tribes and tribal organizations regarding the process for establishing a tribally controlled college or university; the status of ongoing efforts to establish tribally controlled colleges or universities; the geographic location, current and projected size, and anticipated application time frame of each reported institution; and such other data as the Secretary may deem relevant. . Section 106 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1806 ) is amended— in subsection (b), by striking for the fiscal year succeeding and inserting for the second fiscal year succeeding ; and in subsection (c), by striking drawn from and all that follows through the period at the end and inserting drawn from the general administrative appropriations to the Secretary. Section 107 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1807 ) is amended— in subsection (c), by striking given to institutions and all that follows through the period at the end and inserting given to institutions which received payments under this title in fiscal year 2019 or were affiliated with an institution which received payments under this title in fiscal year 2019. ; and in subsection (d), by inserting higher education after national Indian both places it appears. Section 108 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1808 ) is amended— by striking subsection (a)(2) and inserting the following: If the sum appropriated for any fiscal year for payments under this section is not sufficient to pay in full the total amount that approved applicants are eligible to receive under this section for such fiscal year, the Secretary shall first allocate to each such applicant that received funds under this part for the preceding fiscal year an amount equal to 100 percent of the product of the per capita payment for the preceding fiscal year and such applicant’s Indian student count for the current program year, plus an amount equal to the actual cost of any increase to the per capita figure resulting from inflationary increases to necessary costs beyond the institution’s control. The amount of a grant under paragraph

(1)shall not exceed an amount equal to the total cost of the education program provided by the applicable tribally controlled college or university. ; and in subsection (b)(1)— by striking of the funds available for allotment by October 15 or no later than 14 days after appropriations become available and inserting of the amounts appropriated for any fiscal year on or before July 1 of that fiscal year ; and by striking January 1 and inserting September 30 . Section 112 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1812 ) is amended to read as follows: The Secretary shall provide for the conduct of a study on the condition of tribally controlled college or university facilities, which, for purposes of this section, shall include the facilities of a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). Such study shall identify the need for new construction, renovation, and infrastructure enhancements of tribally controlled college or university facilities. The study required in subsection

(a)may be conducted directly by the Secretary or by contract. A report on the results of the study required in subsection

(a)shall be submitted to the Senate Committee on Indian Affairs, the Senate Committee on Health, Education, Labor and Pensions, the House Committee on Natural Resources, the House Committee on Education and Labor, the Senate Appropriations Subcommittee on the Interior, and the House Appropriations Subcommittee on the Interior not later than 18 months after the date of the enactment of the College Affordability Act. . Section 113 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1813 ) is amended— in subsection (a), by striking of the Administrator of General Services under section 112(a) of this Act and inserting under section 112(c) ; in subsection (b), by striking a tribally controlled college or university— and all that follows through the period at the end and inserting a tribally controlled college or university shall be a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ( ; 20 U.S.C. 1059c(b) ). by redesignating subsections

(d)through

(f)as subsections

(e)through (g), respectively; and by inserting after subsection

(c)the following: Activities eligible for a grant under this section shall be activities that address a wide variety of facilities and infrastructure needs including— building of new facilities; renovating or expanding existing or acquired facilities; providing new and existing facilities with equipment and infrastructure, including laboratory equipment, computer infrastructure and equipment, broadband infrastructure and equipment, library books, and furniture; and property acquisition. . Section 114(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1814(a) ) is amended striking The Navajo and inserting Except as provided in sections 112 and 113, the Navajo . Section 115 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1815 ) is repealed. Section 302 of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1832 ) is amended by adding at the end the following: The period of a grant under this section shall be not more than 20 years. During the grant period, an institution may withdraw and expend interest income generated by the endowment for any operating or academic purpose. An institution may not withdraw or expend any of the endowment fund corpus. After the termination of the grant period, an institution may use the endowment fund corpus for any operating or academic purpose. If at any time during the grant period an institution withdraws part of the endowment fund corpus, the institution shall repay to the Secretary an amount equal to 150 percent of the withdrawn amount. The Secretary may use up to 75 percent of such repaid funds to make additional endowment grants to, or to increase existing endowment grants at, other eligible institutions. Notwithstanding subsection

(c)and paragraph(1), the Secretary may allow an institution to expend part of the endowment fund corpus if the institution demonstrates such an expenditure is necessary because of— a financial emergency, such as a pending insolvency or temporary liquidity problem; a life-threatening situation occasioned by a natural disaster or arson; or any other unusual occurrence or exigent circumstance. . Section 503(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1863(a) ) is amended to read as follows: For purposes of the preceding titles of this Act, a tribally controlled postsecondary career and technical institution shall not be considered to be a tribally controlled college or university except as follows: For purposes of section 105(a)(1), the Secretary shall provide, upon request from a tribally controlled postsecondary career and technical institution, technical assistance either directly or through contract. For purposes of section 113, title III, and title IV, a tribally controlled postsecondary career and technical institution shall be considered to be a tribally controlled college or university. . The Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1801 et seq.), as amended by the preceding provisions of this section, is further amended— by striking Bureau of Indian Affairs each place it appears and inserting Bureau of Indian Education ; by striking Navajo Community College Act each place it appears and inserting Diné College Act ; and in section 109 ( 25 U.S.C. 1809 ), by redesignating the second subsection

(c)as subsection (d).

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Sec. 10101

Tribally Controlled Colleges and Universities Assistance Act of 1978

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