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•HR 4137 EH2S 
tify constraints encountered by schools of nursing in 
graduating the number of nurses sufficient to meet 
the health care needs of the United States. 
(2) The shortage of qualified registered nurses 
has adversely affected the health care system of the 
United States. 
(3) Individual States have had varying degrees 
of success with programs designed to increase the 
recruitment and retention of nurses. 
(4) Schools of nursing have been unable to pro-
vide a sufficient number of qualified graduates to 
meet the workforce needs. 
(5) Many nurses are approaching the age of re-
tirement, and the problem worsens each year. 
(6) In 2004, an estimated 125,000 applications 
from qualified applicants were rejected by schools of 
nursing, due to a shortage of faculty and a lack of 
capacity for additional students. 
(b) STUDY WITH RESPECT TO CONSTRAINTS WITH 
RESPECT TO SCHOOLS OF NURSING.— 
(1) IN GENERAL.—The Secretary shall request 
the Institute of Medicine of the National Academy 
of Sciences to enter into an agreement under which 
the Institute conducts a study for the purpose of—
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•HR 4137 EH2S 
(A) identifying constraints encountered by 
schools of nursing in admitting and graduating 
the number of registered nurses necessary to 
ensure patient safety and meet the need for 
quality assurance in the provision of health 
care; and 
(B) developing recommendations to allevi-
ate the constraints on a short-term and long- 
term basis. 
(2) CERTAIN
COMPONENTS.—The Secretary 
shall ensure that the agreement under paragraph (1) 
provides that the study under such subsection will 
include information on the following: 
(A) The trends in applications for attend-
ance at schools of nursing that are relevant to 
the purpose described in such subsection, in-
cluding trends regarding applicants who are ac-
cepted for enrollment and applicants who are 
not accepted, particularly qualified applicants 
who are not accepted. 
(B) The number and demographic charac-
teristics of entry-level and graduate students 
currently enrolled in schools of nursing, the re-
tention rates at the schools, and the number of 
recent graduates from the schools, as compared
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•HR 4137 EH2S 
to previous years and to the projected need for 
registered nurses based on two-year, five-year, 
and ten-year projections. 
(C) The number and demographic charac-
teristics of nurses who pursue graduate edu-
cation in nursing and non-nursing programs 
but do not pursue faculty positions in schools of 
nursing, the reasons therefor, including any 
regulatory barriers to choosing to pursue such 
positions, and the effect of such decisions on 
the ability of the schools to obtain adequate 
numbers of faculty members. 
(D) The extent to which entry-level grad-
uates of the schools are satisfied with their edu-
cational preparation, including their participa-
tion in nurse externships, internships, and resi-
dency programs, and to which they are able to 
effectively transition into the nursing workforce. 
(E) The satisfaction of nurse managers 
and administrators with respect to the prepara-
tion and performance levels of entry-level grad-
uates from the schools after one year, three 
years, and five years of practice, respectively. 
(F) The extent to which the current salary, 
benefit structures, and characteristics of the
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•HR 4137 EH2S 
workplace, including the number of nurses who 
are presently serving in faculty positions, influ-
ence the career path of nurses who have pur-
sued graduate education. 
(G) The extent to which the use of innova-
tive technologies for didactic and clinical nurs-
ing education might provide for an increase in 
the ability of schools of nursing to train quali-
fied nurses. 
(3) 
RECOMMENDATIONS.—Recommendations 
under paragraph (2)(B) may include recommenda-
tions for legislative or administrative changes at the 
Federal or State level, and measures that can be 
taken in the private sector— 
(A) to facilitate the recruitment of stu-
dents into the nursing profession; 
(B) to facilitate the retention of nurses in 
the workplace; and 
(C) to improve the resources and ability of 
the education and health care systems to pre-
pare a sufficient number of qualified registered 
nurses. 
(4) METHODOLOGY OF STUDY.— 
(A) SCOPE.—The Secretary shall ensure 
that the agreement under paragraph (1) pro-
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•HR 4137 EH2S 
vides that the study under such subsection will 
consider the perspectives of nurses and physi-
cians in each of the various types of inpatient, 
outpatient, and residential facilities in the 
health care delivery system; faculty and admin-
istrators of schools of nursing; providers of 
health plans or health insurance; and con-
sumers. 
(B) CONSULTATION WITH RELEVANT OR-
GANIZATION.—The Secretary shall ensure that 
the agreement under paragraph (1) provides 
that relevant agencies and organizations with 
expertise on the nursing shortage will be con-
sulted with respect to the study under such sub-
section, including but not limited to the fol-
lowing: 
(i) The Agency for Healthcare Re-
search and Quality. 
(ii) The American Academy of Nurs-
ing. 
(iii) The American Association of Col-
leges of Nursing. 
(iv) The American Nurses Associa-
tion.
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•HR 4137 EH2S 
(v) The American Organization of 
Nurse Executives. 
(vi) The National Institute of Nursing 
Research. 
(vii) The National League for Nurs-
ing. 
(viii) The National Organization for 
Associate Degree Nursing. 
(ix) The National Student Nurses As-
sociation. 
(5) REPORT.—The Secretary shall ensure that 
the agreement under paragraph (1) provides that 
not later than 18 months after the date of the enact-
ment of this section, a report providing the findings 
and recommendations made in the study under such 
subsection will be submitted to the Secretary, the 
Committee on Energy and Commerce of the House 
of Representatives, and the Committee on Health, 
Education, Labor, and Pensions of the Senate. 
(6) OTHER ORGANIZATION.—If the Institute de-
clines to conduct the study under paragraph (1), the 
Secretary may enter into an agreement with another 
appropriate private entity to conduct the study. 
(c) DEFINITIONS.—For purposes of this section:
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(1) The term ‘‘Institute’’ means the Institute of 
Medicine of the National Academy of Sciences. 
(2)(A) The term ‘‘school of nursing’’ means a 
collegiate, associate degree, or diploma school of 
nursing in a State. 
(B) The terms ‘‘collegiate school of nursing’’, 
‘‘associate degree school of nursing’’, and ‘‘diploma 
school of nursing’’ have the meanings given to such 
terms in section 801 of the Public Health Service 
Act. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Education. 
SEC. 818. STUDY OF THE IMPACT OF STUDENT LOAN DEBT 
ON PUBLIC SERVICE. 
(a) STUDY.—The Secretary of Education, in con-
sultation with the Office of Management and Budget, is 
authorized to coordinate with an organization with exper-
tise in the field of public service, such as the National 
Academy of Public Administrators or the American Soci-
ety for Public Administration, to coordinate with inter-
ested parties to conduct a study of how student loan debt 
levels impact the decisions of graduates of postsecondary 
and graduate education programs to enter into public 
service careers. Such study shall include—
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•HR 4137 EH2S 
ascertain the amount and scope of all Federal regulations 
and reporting requirements with which institutions of 
higher education must comply. The study shall include in-
formation describing— 
(1) by agency, the number of Federal regula-
tions and reporting requirements affecting institu-
tions of higher education; 
(2) by agency, the estimated time required and 
costs 
to 
institutions 
of 
higher 
education 
(disaggregated by types of institutions) to comply 
with the regulations and reporting requirements as 
required in (a)(1); and 
(3) by agency, recommendations for consoli-
dating, streamlining, and eliminating redundant and 
burdensome Federal regulations and reporting re-
quirements affecting institutions of higher education. 
(b) SUBMISSION OF REPORT.—The Secretary shall 
submit the report required by subsection (a) to the author-
izing committees (as such term is defined in section 103 
of the Higher Education Act of 1965 (20 U.S.C. 1003)) 
not later than 18 months after the date of enactment of 
this Act.
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•HR 4137 EH2S 
SEC. 820. STUDY OF AID TO LESS-THAN-HALF-TIME STU-
DENTS. 
(a) STUDY REQUIRED.—The Secretary shall conduct 
a study on making and expanding the student aid avail-
able under title IV of the Higher Education Act of 1965 
to less-than-half-time students. The Secretary shall submit 
a report on the results of such study, including the Sec-
retary’s recommendations, to the authorizing committees 
not later than one year after the date of enactment of this 
Act. 
(b) SUBJECTS FOR STUDY.—The study required by 
this section shall, at a minimum, examine the following: 
(1) The existing sources of Federal aid for less- 
than-half-time students seeking a college degree or 
certificate. 
(2) The demand for Federal aid for less-than- 
half-time students and whether the demand is satis-
fied by existing sources of Federal aid, taking into 
consideration not only the number of less-than-half- 
time students currently seeking a college degree or 
certificate, but also any increase in the number of 
less-than-half-time students that may result from an 
expansion of Federal aid for less-than-half-time stu-
dents seeking a college degree or certificate. 
(3) The potential costs to the Federal Govern-
ment and the potential benefits that could be re-
819 
•HR 4137 EH2S 
ceived by students resulting from expanding Federal 
aid for less-than-half-time students seeking a college 
degree or certificate. 
(4) The barriers to expanding Federal aid for 
less-than-half-time students, including identifying— 
(A) statutory and regulatory barriers, such 
as student eligibility, institutional eligibility, 
need analysis, program integrity, and award 
amounts; and 
(B) other factors that may limit participa-
tion in an expanded Federal aid program for 
less-than-half-time students. 
(c) RECOMMENDATIONS
TO BE PROVIDED.—The 
Secretary’s recommendations under this section shall in-
clude recommendations for designing a demonstration stu-
dent loan program tailored to less-than-half-time students. 
The recommendations shall include any required statutory 
or regulatory modifications, as well as proposed account-
ability mechanisms to protect students, institutions, and 
the Federal investment in higher education. 
(d) DEFINITIONS.—As used in this section: 
(1) the term ‘‘Secretary’’ means the Secretary 
of Education;
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•HR 4137 EH2S 
(2) the term ‘‘authorizing committees’’ has the 
meaning provided in section 103 of the Higher Edu-
cation Act of 1965, as amended by this Act; 
(3) the term ‘‘less-than-half-time student’’ 
means a student who is carrying less than one-half 
the normal full-time work load for the course of 
study that the student is pursuing, as determined by 
the institution such student is attending. 
SEC. 821. ESTABLISHMENT OF PILOT PROGRAM FOR 
COURSE MATERIAL RENTAL. 
(a) PILOT GRANT PROGRAM.—From the amounts ap-
propriated pursuant to subsection (e), the Secretary shall 
make grants on a competitive basis to not more than 10 
institutions of higher education to support pilot programs 
that expand the services of bookstores to provide the op-
tion for students to rent course materials in order to 
achieve savings for students. 
(b) APPLICATION.—An institution of higher edu-
cation that desires to obtain a grant under this section 
shall submit an application to the Secretary at such time, 
in such form, and containing or accompanied by such in-
formation, agreements, and assurances as the Secretary 
may reasonably require. 
(c) USE OF FUNDS.—The funds made available by 
a grant under this section may be used for—
821 
•HR 4137 EH2S 
(1) purchase of course materials that the entity 
will make available by rent to students; 
(2) any equipment or software necessary for the 
conduct of a rental program; 
(3) hiring staff needed for the conduct of a 
rental program, with priority given to hiring enrolled 
undergraduate students; and 
(4) building or acquiring extra storage space 
dedicated to course materials for rent. 
(d) EVALUATION AND REPORT.— 
(1) EVALUATIONS BY RECIPIENTS.—After a pe-
riod of time to be determined by the Secretary, each 
institution of higher education that receives a grant 
under this section shall submit a report to the Sec-
retary on the effectiveness of their rental programs 
in reducing textbook costs for students. 
(2) REPORT
TO
CONGRESS.—Not later than 
September 30, 2010, the Secretary shall submit a 
report to Congress on the effectiveness of the text-
book rental pilot programs under this section, and 
identify the best practices developed in such pilot 
programs. Such report shall contain an estimate by 
the Secretary of the savings achieved by students 
who participate in such pilot programs.
822 
•HR 4137 EH2S 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$50,000,000 for fiscal year 2009 and 2010. 
TITLE IX—AMENDMENTS TO 
OTHER LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 1986 
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION 
CENTER. 
Section 104 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4304) is amended— 
(1) by striking the section heading and insert-
ing ‘‘LAURENT
CLERC
NATIONAL
DEAF
EDU-
CATION CENTER’’; 
(2) in subsection (a)(1)(A), by inserting ‘‘the 
Laurent Clerc National Deaf Education Center (re-
ferred to in this section as the ‘Clerc Center’) to 
carry out’’ after ‘‘maintain and operate’’; and 
(3) in subsection (b)— 
(A) in the matter preceding subparagraph 
(A) of paragraph (1), by striking ‘‘elementary 
and secondary education programs’’ and insert-
ing ‘‘Clerc Center’’; 
(B) in paragraph (2), by striking ‘‘elemen-
tary and secondary education programs’’ and 
inserting ‘‘Clerc Center’’;
823 
•HR 4137 EH2S 
(C) in paragraph (4)(C)— 
(i) in clause (i), by striking ‘‘(6)’’ and 
inserting ‘‘(8)’’; and 
(ii) in clause (vi), by striking ‘‘(m)’’ 
and inserting ‘‘(o)’’; and 
(D) by adding at the end the following: 
‘‘(5) The University, for purposes of the elementary 
and secondary education programs carried out at the Clerc 
Center, shall— 
‘‘(A)(i) select challenging academic content 
standards, challenging student academic achieve-
ment standards, and academic assessments of a 
State, adopted and implemented, as appropriate, 
pursuant to paragraphs (1) and (3) of section 
1111(b) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6311(b)(1) and (3)) 
and approved by the Secretary; and 
‘‘(ii) implement such standards and assess-
ments for such programs by not later than the be-
ginning of the 2009–2010 academic year; 
‘‘(B) annually determine whether such pro-
grams at the Clerc Center are making adequate 
yearly progress, as determined according to the defi-
nition of adequate yearly progress defined (pursuant 
to section 1111(b)(2)(C) of such Act (20 U.S.C.
824 
•HR 4137 EH2S 
6311(b)(2)(C))) by the State that has adopted and 
implemented the standards and assessments selected 
under subparagraph (A)(i); and 
‘‘(C) publicly report the results of the academic 
assessments implemented under subparagraph (A), 
except where such reporting would not yield statis-
tically reliable information or would reveal personally 
identifiable information about an individual student, 
and whether the programs at the Clerc Center are 
making adequate yearly progress, as determined 
under subparagraph (B).’’. 
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 
Section 105(b)(4) of the Education of the Deaf Act 
of 1986 (20 U.S.C. 4305(b)(4)) is amended— 
(1) by striking ‘‘the Act of March 3, 1931 (40 
U.S.C. 276a–276a–5) commonly referred to as the 
Davis-Bacon Act’’ and inserting ‘‘subchapter IV of 
chapter 31 of title 40, United States Code, com-
monly referred to as the Davis-Bacon Act’’; and 
(2) by striking ‘‘section 2 of the Act of June 
13, 1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 
3145 of title 40, United States Code’’.
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•HR 4137 EH2S 
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL IN-
STITUTE FOR THE DEAF. 
Section 112 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4332) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking the sec-
ond sentence; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) If, pursuant to the agreement established under 
paragraph (1), either the Secretary or the institution of 
higher education terminates the agreement, the Secretary 
shall consider proposals from other institutions of higher 
education and enter into an agreement with one of those 
institutions for the establishment and operation of a Na-
tional Technical Institute for the Deaf.’’; and 
(2) in subsection (b)— 
(A) in paragraph (3), by striking ‘‘Com-
mittee on Labor and Human Resources of the 
Senate’’ and inserting ‘‘Committee on Health, 
Education, Labor, and Pensions of the Senate’’; 
and 
(B) in paragraph (5)—
826 
•HR 4137 EH2S 
(i) by striking ‘‘the Act of March 3, 
1931 (40 U.S.C. 276a—276a–5) com-
monly referred to as the Davis-Bacon Act’’ 
and inserting ‘‘subchapter IV of chapter 
31 of title 40, United States Code, com-
monly referred to as the Davis-Bacon 
Act’’; and 
(ii) by striking ‘‘section 2 of the Act 
of June 13, 1934 (40 U.S.C. 276c)’’ and 
inserting ‘‘section 3145 of title 40, United 
States Code’’. 
SEC. 904. AUDIT. 
Section 203 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4353) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘sec-
tions’’ and all that follows through the period 
and inserting ‘‘sections 102(b), 105(b)(4), 
112(b)(5), 203(c), 207(b)(2), subsections (c) 
through (f) of section 207, and subsections (b) 
and (c) of section 209.’’; and 
(B) in paragraph (3), by inserting ‘‘and 
the Committee on Education and Labor of the 
House of Representatives and the Committee
827 
•HR 4137 EH2S 
on Health, Education, Labor, and Pensions of 
the Senate’’ after ‘‘Secretary’’; and 
(2) in subsection (c)(2)(A), by striking ‘‘Com-
mittee on Labor and Human Resources of the Sen-
ate’’ and inserting ‘‘Committee on Health, Edu-
cation, Labor, and Pensions of the Senate’’. 
SEC. 905. REPORTS. 
Section 204 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4354) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Committee on Labor and Human Re-
sources of the Senate’’ and inserting ‘‘Committee on 
Health, Education, Labor, and Pensions of the Sen-
ate’’; 
(2) in paragraph (1), by striking ‘‘pre-
paratory,’’; 
(3) in paragraph (2)(C), by striking ‘‘upon 
graduation/completion’’ and inserting ‘‘on the date 
that is 1 year after the date of graduation or com-
pletion’’; and 
(4) in paragraph (3)(B), by striking ‘‘of the in-
stitution of higher education’’ and all that follows 
through ‘‘section 203’’ and inserting ‘‘of NTID pro-
grams and activities’’.
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•HR 4137 EH2S 
SEC. 906. MONITORING, EVALUATION, AND REPORTING. 
Section 205 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4355) is amended— 
(1) in the first sentence of subsection (a), by 
striking ‘‘preparatory,’’; 
(2) in subsection (b), by striking ‘‘The Sec-
retary, as part of the annual report required under 
section 426 of the Department of Education Organi-
zation Act, shall include a description of’’ and in-
serting ‘‘The Secretary shall annually transmit infor-
mation to Congress on’’; and 
(3) in subsection (c), by striking ‘‘fiscal years 
1998 through 2003’’ and inserting ‘‘fiscal years 
2008 through 2013’’. 
SEC. 907. LIAISON FOR EDUCATIONAL PROGRAMS. 
Section 206(a) of the Education of the Deaf Act of 
1986 (20 U.S.C. 4356(a)) is amended by striking ‘‘Not 
later than 30 days after the date of enactment of this Act, 
the’’ and inserting ‘‘The’’. 
SEC. 908. FEDERAL ENDOWMENT PROGRAMS FOR GAL-
LAUDET UNIVERSITY AND THE NATIONAL 
TECHNICAL INSTITUTE FOR THE DEAF. 
Section 207(h) of the Education of the Deaf Act of 
1986 (20 U.S.C. 4357(h)) is amended by striking ‘‘fiscal 
years 1998 through 2003’’ each place it appears and in-
serting ‘‘fiscal years 2008 through 2013’’.
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•HR 4137 EH2S 
SEC. 909. OVERSIGHT AND EFFECT OF AGREEMENTS. 
Section 208(a) of the Education of the Deaf Act of 
1986 (20 U.S.C. 4359(a)) is amended by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce of the 
House of Representatives’’ and inserting ‘‘Committee on 
Education and Labor of the House of Representatives and 
the Committee on Health, Education, Labor, and Pen-
sions of the Senate’’. 
SEC. 910. INTERNATIONAL STUDENTS. 
Section 209 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4359a) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘preparatory, under-
graduate,’’ and inserting ‘‘undergraduate’’; 
(B) by striking ‘‘Effective with’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), effective with’’; and 
(C) by adding at the end the following: 
‘‘(2) DISTANCE LEARNING.—International stu-
dents who participate in distance learning courses 
that are at the University or the NTID, who are re-
siding outside of the United States, and are not en-
rolled in a degree program at the University or the 
NTID shall—
830 
•HR 4137 EH2S 
‘‘(A) not be counted as international stu-
dents for purposes of the cap on international 
students under paragraph (1), except that in 
any school year no United States citizen who 
applies to participate in distance learning 
courses that are at the University or NTID 
shall be denied participation in such courses be-
cause of the participation of an international 
student in such courses; and 
‘‘(B) not be charged a tuition surcharge, 
as described in subsection (b).’’; and 
(2) by striking subsections (b), (c), and (d), and 
inserting the following: 
‘‘(b) TUITION SURCHARGE.—Except as provided in 
subsections (a)(2)(B) and (c), the tuition for postsec-
ondary international students enrolled in the University 
(including undergraduate and graduate students) or 
NTID shall include, for academic year 2008–2009 and 
any succeeding academic year, a surcharge of— 
‘‘(1) 100 percent for a postsecondary inter-
national student from a non-developing country; and 
‘‘(2) 50 percent for a postsecondary inter-
national student from a developing country, or a 
country that was a developing country for any aca-
demic year during the student’s period of uninter-
831 
•HR 4137 EH2S 
rupted enrollment in a degree program at the Uni-
versity or NTID, except that such a surcharge shall 
not be adjusted retroactively. 
‘‘(c) REDUCTION OF SURCHARGE.— 
‘‘(1) IN
GENERAL.—Beginning with the aca-
demic year 2008–2009, the University or NTID may 
reduce the surcharge— 
‘‘(A) under subsection (b)(1) from 100 
percent to not less than 50 percent if— 
‘‘(i) a student described under sub-
section (b)(1) demonstrates need; and 
‘‘(ii) such student has made a good- 
faith effort to secure aid through such stu-
dent’s government or other sources; and 
‘‘(B) under subsection (b)(2) from 50 per-
cent to not less than 25 percent if— 
‘‘(i) a student described under sub-
section (b)(2) demonstrates need; and 
‘‘(ii) such student has made a good 
faith effort to secure aid through such stu-
dent’s government or other sources. 
‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The 
University and NTID shall develop a sliding scale 
model that—
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•HR 4137 EH2S 
‘‘(A) will be used to determine the amount 
of a tuition surcharge reduction pursuant to 
paragraph (1); and 
‘‘(B) shall be approved by the Secretary. 
‘‘(d) DEFINITION.—In this section, the term ‘devel-
oping country’ means a country with a per-capita income 
of not more than $5,345, measured in 2005 United States 
dollars, as adjusted by the Secretary to reflect inflation 
since 2005.’’. 
SEC. 911. RESEARCH PRIORITIES. 
Section 210(b) of the Education of the Deaf Act of 
1986 (20 U.S.C. 4359b(b)) is amended by striking ‘‘Com-
mittee on Education and the Workforce of the House of 
Representatives, and the Committee on Labor and Human 
Resources of the Senate’’ and inserting ‘‘Committee on 
Education and Labor of the House of Representatives, 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate’’. 
SEC. 912. NATIONAL STUDY ON THE EDUCATION OF THE 
DEAF. 
(a) CONDUCT OF STUDY.—Subsection (a)(1) of sec-
tion 211 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4360) is amended by inserting after ‘‘The Sec-
retary shall’’ the following: ‘‘establish a commission on the
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•HR 4137 EH2S 
education of the deaf (in this section referred to as the 
‘commission’) to’’. 
(b) PUBLIC INPUT AND CONSULTATION.—Subsection 
(b) of such section is amended by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘commission’’. 
(c) REPORT.—Subsection (c) of such section is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Secretary’’ and all that follows through 
‘‘1998’’ and inserting ‘‘commission shall report to 
the Secretary and Congress not later than 18 
months after the date of the enactment of the Col-
lege Opportunity and Affordability Act of 2008’’; 
and 
(2) in paragraph (1)— 
(A) by striking ‘‘recommendations,’’ and 
inserting ‘‘recommendations relating to edu-
cated-related factors that contribute to success-
ful postsecondary education experiences and 
employment for individuals who are deaf,’’; and 
(B) by striking ‘‘Secretary’’ and inserting 
‘‘commission’’. 
(d) AUTHORIZATION
OF
APPROPRIATIONS.—Sub-
section (d) of such section is amended by striking 
‘‘$1,000,000 for each of the fiscal years 1999 and 2000’’
834 
•HR 4137 EH2S 
and inserting ‘‘such sums as may be necessary for each 
of the fiscal years 2008 and 2009’’. 
SEC. 913. AUTHORIZATION OF APPROPRIATIONS. 
Section 212 of the Education of the Deaf Act of 1986 
(20 U.S.C. 4360a) is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘fiscal years 1998 
through 2003’’ and inserting ‘‘fiscal years 2008 
through 2013’’; and 
(2) in subsection (b), by striking ‘‘fiscal years 
1998 through 2003’’ and inserting ‘‘fiscal years 
2008 through 2013’’. 
PART B—INDIAN EDUCATION 
Subpart 1—Tribal Colleges and Universities 
SEC. 921. REAUTHORIZATION OF THE TRIBALLY CON-
TROLLED COLLEGE OR UNIVERSITY ASSIST-
ANCE ACT OF 1978. 
(a) CLARIFICATION
OF
THE DEFINITION
OF NA-
TIONAL 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 
fields of tribally controlled colleges and universities and 
Indian higher education’’.
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•HR 4137 EH2S 
(b) INDIAN STUDENT COUNT.—Section 2(a) of the 
Tribally Controlled College or University Assistance Act 
of 1978 (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 fol-
lowing: 
‘‘(7) ‘Indian student’ means a student who is— 
‘‘(A) a member of an Indian tribe; or 
‘‘(B) a biological child of a member of an 
Indian tribe, living or deceased;’’. 
(c) CONTINUING EDUCATION.—Section 2(b) of the 
Tribally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1801(b)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘paragraph (7) of subsection (a)’’ and in-
serting ‘‘subsection (a)(8)’’; 
(2) 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 institu-
tion on a quarter system, or 15 contact hours 
in the case of an institution on a semester sys-
836 
•HR 4137 EH2S 
tem, of participation in an organized continuing 
education experience under responsible sponsor-
ship, capable direction, and qualified instruc-
tion, 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 col-
lege or university.’’; and 
(3) by striking paragraph (6). 
(d) ACCREDITATION REQUIREMENT.—Section 103 of 
the Tribally Controlled College or University Assistance 
Act of 1978 (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 fol-
lowing: 
‘‘(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
837 
•HR 4137 EH2S 
‘‘(B) according to such an agency or associa-
tion, is making reasonable progress toward accredi-
tation.’’. 
(e) TECHNICAL ASSISTANCE CONTRACTS.—Section 
105 of the Tribally Controlled College or University As-
sistance Act of 1978 (25 U.S.C. 1805) is amended— 
(1) by striking the section designation and 
heading and all that follows through ‘‘The Secretary 
shall’’ and inserting the following: 
‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 
‘‘(a) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall’’; 
(2) in the second sentence, by striking ‘‘In the 
awarding of contracts for technical assistance, pref-
erence shall be given’’ and inserting the following: 
‘‘(2) DESIGNATED
ORGANIZATION.—The Sec-
retary shall require that a contract for technical as-
sistance under paragraph (1) shall be awarded’’; and 
(3) in the third sentence, by striking ‘‘No au-
thority’’ and inserting the following: 
‘‘(b) EFFECT OF SECTION.—No authority’’. 
(f) AMOUNT
OF GRANTS.—Section 108(a) of the 
Tribally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1808(a)) is amended—
838 
•HR 4137 EH2S 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and indent-
ing the subparagraphs appropriately; 
(2) by striking ‘‘(a) Except as provided in sec-
tion 111,’’ and inserting the following: 
‘‘(a) REQUIREMENT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) and section 111,’’; 
(3) in paragraph (1) (as redesignated by para-
graphs (1) and (2))— 
(A) in the matter preceding subparagraph 
(A) (as redesignated by paragraph (1))— 
(i) by striking ‘‘him’’ and inserting 
‘‘the Secretary’’; and 
(ii) by striking ‘‘product of’’ and in-
serting ‘‘product obtained by multiplying’’; 
(B) in subparagraph (A) (as redesignated 
by paragraph (1)), by striking ‘‘section 2(a)(7)’’ 
and inserting ‘‘section 2(a)(8)’’; and 
(C) in subparagraph (B) (as redesignated 
by paragraph (1)), by striking ‘‘$6,000,’’ and 
inserting ‘‘$8,000, as adjusted annually for in-
flation.’’; and 
(4) by striking ‘‘except that no grant shall ex-
ceed the total cost of the education program pro-
839 
•HR 4137 EH2S 
vided by such college or university.’’ and inserting 
the following: 
‘‘(2) EXCEPTION.—The amount of a grant 
under paragraph (1) shall not exceed an amount 
equal to the total cost of the education program pro-
vided by the applicable tribally controlled college or 
university.’’. 
(g) GENERAL PROVISIONS REAUTHORIZATION.—Sec-
tion 110(a) of the Tribally Controlled College or Univer-
sity Assistance Act of 1978 (25 U.S.C. 1810(a)) is amend-
ed— 
(1) in paragraphs (1), (2), (3), and (4), by 
striking ‘‘1999’’ and inserting ‘‘2008’’; 
(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 ‘‘such sums as may be 
necessary’’; 
(4) 
in 
paragraph 
(3), 
by 
striking 
‘‘$10,000,000’’ and inserting ‘‘such sums as may be 
necessary’’; and 
(5) in paragraph (4), by striking ‘‘succeeding 
4’’ and inserting ‘‘5 succeeding’’. 
(h) ENDOWMENT PROGRAM REAUTHORIZATION.— 
Section 306(a) of the Tribally Controlled College or Uni-
840 
•HR 4137 EH2S 
versity Assistance Act of 1978 (25 U.S.C. 1836(a)) is 
amended— 
(1) by striking ‘‘1999’’ and inserting ‘‘2008’’; 
and 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 
succeeding’’. 
(i) TRIBAL ECONOMIC DEVELOPMENT REAUTHOR-
IZATION.—Section 403 of the Tribal Economic Develop-
ment 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 ‘‘such sums as may be nec-
essary for fiscal year 2008’’; and 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘5 
succeeding’’. 
(j) TRIBALLY CONTROLLED POSTSECONDARY CA-
REER AND TECHNICAL INSTITUTIONS.— 
(1) IN GENERAL.—The Tribally Controlled Col-
lege or University Assistance Act of 1978 (25 U.S.C. 
1801 et seq.) is amended by adding at the end the 
following:
841 
•HR 4137 EH2S 
‘‘TITLE 
V—TRIBALLY 
CON-
TROLLED 
POSTSECONDARY 
CAREER AND TECHNICAL IN-
STITUTIONS 
‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POST-
SECONDARY CAREER AND TECHNICAL INSTI-
TUTION. 
‘‘In this title, the term ‘tribally controlled postsec-
ondary career and technical institution’ has the meaning 
given the term in section 3 of the Carl D. Perkins Career 
and Technical Education Act of 2006 (20 U.S.C. 2302). 
‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CA-
REER AND TECHNICAL INSTITUTIONS PRO-
GRAM. 
‘‘(a) IN GENERAL.—Subject to the availability of ap-
propriations, for fiscal year 2008 and each fiscal year 
thereafter, the Secretary shall— 
‘‘(1) subject to subsection (b), select 2 tribally 
controlled postsecondary career and technical insti-
tutions to receive assistance under this title; and 
‘‘(2) provide funding to the selected tribally 
controlled postsecondary career and technical insti-
tutions to pay the costs (including institutional sup-
port costs) of operating postsecondary career and 
technical education programs for Indian students at
842 
•HR 4137 EH2S 
the tribally controlled postsecondary career and tech-
nical institutions. 
‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— 
‘‘(1) REQUIREMENT.—For each fiscal year dur-
ing which the Secretary determines that a tribally 
controlled postsecondary career and technical insti-
tution described in paragraph (2) meets the defini-
tion referred to in section 501, the Secretary shall 
select that tribally controlled postsecondary career 
and technical institution under subsection (a)(1) to 
receive funding under this section. 
‘‘(2) INSTITUTIONS.—The 2 tribally controlled 
postsecondary career and technical institutions re-
ferred to in paragraph (1) are— 
‘‘(A) the United Tribes Technical College; 
and 
‘‘(B) the Navajo Technical College. 
‘‘(c) METHOD OF PAYMENT.—For each applicable 
fiscal year, the Secretary shall provide funding under this 
section to each tribally controlled postsecondary career 
and technical institution selected for the fiscal year under 
subsection (a)(1) in a lump sum payment for the fiscal 
year. 
‘‘(d) DISTRIBUTION.—
843 
•HR 4137 EH2S 
‘‘(1) IN GENERAL.—For fiscal year 2009 and 
each fiscal year thereafter, of amounts made avail-
able pursuant to section 504, the Secretary shall dis-
tribute to each tribally controlled postsecondary ca-
reer and technical institution selected for the fiscal 
year under subsection (a)(1) an amount equal to the 
greater of— 
‘‘(A) the total amount appropriated for the 
tribally controlled postsecondary career and 
technical institution for fiscal year 2006; or 
‘‘(B) the total amount appropriated for the 
tribally controlled postsecondary career and 
technical institution for fiscal year 2008. 
‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, 
the amount made available pursuant to section 504 
exceeds the sum of the amounts required to be dis-
tributed under paragraph (1) to the tribally con-
trolled postsecondary career and technical institu-
tions selected for the fiscal year under subsection 
(a)(1), the Secretary shall distribute to each tribally 
controlled postsecondary career and technical insti-
tution selected for that fiscal year a portion of the 
excess amount, to be determined by— 
‘‘(A) dividing the excess amount by the ag-
gregate Indian student count (as defined in sec-
844 
•HR 4137 EH2S 
tion 117(h) of the Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 
2327(h))) of such institutions for the prior aca-
demic year; and 
‘‘(B) multiplying the quotient described in 
subparagraph (A) by the Indian student count 
of each such institution for the prior academic 
year. 
‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 
‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of sub-
section (a), and subsection (b), of section 2, sections 105, 
108, 111, 112 and 113, and titles II, III, and IV shall 
not apply to this title. 
‘‘(b) INDIAN
SELF-DETERMINATION
AND
EDU-
CATION ASSISTANCE.—Funds made available pursuant to 
this title shall be subject to the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450 et seq.). 
‘‘(c) ELECTION TO RECEIVE.—A tribally controlled 
postsecondary career and technical institution selected for 
a fiscal year under section 502(b) may elect to receive 
funds pursuant to section 502 in accordance with an 
agreement between the tribally controlled postsecondary 
career and technical institution and the Secretary under 
the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.) if the agreement is in exist-
845 
•HR 4137 EH2S 
ence on the date of enactment of the College Opportunity 
and Affordability Act of 2008. 
‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt 
of, assistance under this title shall not preclude the eligi-
bility of a tribally controlled postsecondary career and 
technical institutions to receive Federal financial assist-
ance under— 
‘‘(1) any program under the Higher Education 
Act of 1965 (20 U.S.C. 1001 et seq.); 
‘‘(2) any program under the Carl D. Perkins 
Career and Technical Education Act of 2006; or 
‘‘(3) any other applicable program under which 
a benefit is provided for— 
‘‘(A) institutions of higher education; 
‘‘(B) community colleges; or 
‘‘(C) postsecondary educational institu-
tions. 
‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums 
as are necessary for fiscal year 2008 and each fiscal year 
thereafter to carry out this title.’’. 
(2) CONFORMING AMENDMENTS.—Section 117 
of the Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2327) is amended—
846 
•HR 4137 EH2S 
(A) by striking subsection (a) and insert-
ing the following: 
‘‘(a) GRANT PROGRAM.—Subject to the availability of 
appropriations, the Secretary shall make grants under this 
section, to provide basic support for the education and 
training of Indian students, to tribally controlled postsec-
ondary career and technical institutions that are not re-
ceiving Federal assistance as of the date on which the 
grant is provided under— 
‘‘(1) title I of the Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 1802 
et seq.); or 
‘‘(2) the Navajo Community College Act (25 
U.S.C. 640a et seq.).’’; and 
(B) by striking subsection (d) and insert-
ing the following: 
‘‘(d) APPLICATIONS.—To be eligible to receive a 
grant under this section, a tribally controlled postsec-
ondary career and technical institution that is not receiv-
ing Federal assistance under title I of the Tribally Con-
trolled College or University Assistance Act (25 U.S.C. 
1802 et seq.) or the Navajo Community College Act (25 
U.S.C. 640a et seq.) shall submit to the Secretary an ap-
plication at such time, in such manner, and containing 
such information as the Secretary may require.’’.
847 
•HR 4137 EH2S 
(k) SHORT TITLE.— 
(1) IN GENERAL.—The first section of the Trib-
ally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1801 note; Public Law 95–471) 
is amended to read as follows: 
‘‘SEC. 1. SHORT TITLE. 
‘‘This Act may be cited as the ‘Tribally Controlled 
Colleges and Universities Assistance Act of 1978’.’’. 
(2) REFERENCES.—Any reference in law (in-
cluding regulations) to the Tribally Controlled Col-
lege or University Assistance Act of 1978 shall be 
considered to be a reference to the ‘‘Tribally Con-
trolled Colleges and Universities Assistance Act of 
1978’’. 
Subpart 2—Navajo Higher Education 
SEC. 931. REAUTHORIZATION OF NAVAJO COMMUNITY COL-
LEGE ACT. 
(a) PURPOSE.—Section 2 of the Navajo Community 
College Act (25 U.S.C. 640a) is amended— 
(1) by striking ‘‘Navajo Tribe of Indians’’ and 
inserting ‘‘Navajo Nation’’; and 
(2) by striking ‘‘the Navajo Community Col-
lege’’ and inserting ‘‘Dine´ College’’. 
(b) GRANTS.—Section 3 of the Navajo Community 
College Act (25 U.S.C. 640b) is amended—
848 
•HR 4137 EH2S 
(1) in the first sentence— 
(A) by inserting ‘‘the’’ before ‘‘Interior’’; 
(B) by striking ‘‘Navajo Tribe of Indians’’ 
and inserting ‘‘Navajo Nation’’; and 
(C) by striking ‘‘the Navajo Community 
College’’ and inserting ‘‘Dine´ College’’; and 
(2) in the second sentence— 
(A) by striking ‘‘Navajo Tribe’’ and insert-
ing ‘‘Navajo Nation’’; and 
(B) by striking ‘‘Navajo Indians’’ and in-
serting ‘‘Navajo people’’. 
(c) STUDY OF FACILITIES NEEDS.—Section 4 of the 
Navajo Community College Act (25 U.S.C. 640c) is 
amended— 
(1) in subsection (a)— 
(A) in the first sentence— 
(i) by striking ‘‘the Navajo Commu-
nity College’’ and inserting ‘‘Dine´ College’’; 
and 
(ii) by striking ‘‘August 1, 1979’’ and 
inserting ‘‘October 31, 2010’’; and 
(B) in the second sentence, by striking 
‘‘Navajo Tribe’’ and inserting ‘‘Navajo Nation’’; 
(2) in subsection (b), by striking ‘‘the date of 
enactment of the Tribally Controlled Community
849 
•HR 4137 EH2S 
College Assistance Act of 1978’’ and inserting ‘‘Oc-
tober 1, 2007’’; and 
(3) in subsection (c), in the first sentence, by 
striking ‘‘the Navajo Community College’’ and in-
serting ‘‘Dine´ College’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 
5 of the Navajo Community College Act (25 U.S.C. 640c– 
1) is amended— 
(1) in subsection (a)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$2,000,000’’ and all that follows through the 
end of the paragraph and inserting ‘‘such sums 
as are necessary for fiscal years 2008 through 
2013.’’; and 
(B) by adding at the end the following: 
‘‘(3) Sums described in paragraph (2) shall be used 
to provide grants for construction activities, including the 
construction of buildings, water and sewer facilities, roads, 
information technology and telecommunications infra-
structure, classrooms, and external structures (such as 
walkways).’’; 
(2) in subsection (b)(1)— 
(A) in the matter preceding subparagraph 
(A)—